Comments on: Violence in Media, and Virtual Violins and so on http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/ Keeping politicians' hands off the Net & everything else related to technology Tue, 14 Feb 2012 12:51:08 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Don Marti http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/comment-page-1/#comment-53752 Don Marti Fri, 27 Apr 2007 07:07:48 +0000 http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/#comment-53752 <p>Property rights <em>are</em> in the Constitution -- "nor shall private property be taken for public use, without just compensation." There's also the legal theory of "regulatory taking" which says that when the government restricts your use of your property (as when it bans you from building two dwelling units on a lot or using your own computer to circumvent a DRM system) it is also "taking" and needs to compensate you.<br><br></p> <p>Patentability creep and anticircumvention law are fractional confiscation of computers the same way that zoning regulations are fractional confiscation of real estate.<br></p> Property rights are in the Constitution — “nor shall private property be taken for public use, without just compensation.” There’s also the legal theory of “regulatory taking” which says that when the government restricts your use of your property (as when it bans you from building two dwelling units on a lot or using your own computer to circumvent a DRM system) it is also “taking” and needs to compensate you.

Patentability creep and anticircumvention law are fractional confiscation of computers the same way that zoning regulations are fractional confiscation of real estate.

]]> By: Don Marti http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/comment-page-1/#comment-38083 Don Marti Fri, 27 Apr 2007 06:07:48 +0000 http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/#comment-38083 <p>Property rights <em>are</em> in the Constitution -- "nor shall private property be taken for public use, without just compensation." There's also the legal theory of "regulatory taking" which says that when the government restricts your use of your property (as when it bans you from building two dwelling units on a lot or using your own computer to circumvent a DRM system) it is also "taking" and needs to compensate you.</p> <p>Patentability creep and anticircumvention law are fractional confiscation of computers the same way that zoning regulations are fractional confiscation of real estate. </p> Property rights are in the Constitution — “nor shall private property be taken for public use, without just compensation.” There’s also the legal theory of “regulatory taking” which says that when the government restricts your use of your property (as when it bans you from building two dwelling units on a lot or using your own computer to circumvent a DRM system) it is also “taking” and needs to compensate you.

Patentability creep and anticircumvention law are fractional confiscation of computers the same way that zoning regulations are fractional confiscation of real estate.

]]> By: eee_eff http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/comment-page-1/#comment-53751 eee_eff Fri, 27 Apr 2007 04:54:29 +0000 http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/#comment-53751 <p><i>But this is in turn difficult to reconcile with the text of the first amendment, which describes “speech and the press,”—perhaps it ought to more generally protect the freedom to do what one likes with one’s property and the freedom of contract, but it doesn’t.</i><br><br>Yes, Solveig, when the founding fathers said:<br><br>"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."<br><br>they meant, well exactly, what they said.<br><br>The PFF would very much like the First Amendment to be written different, to emphasize property rights. I am glad that you have finally admitted your anti-freedom bias. The effect of such a revised First Amendment of course, would be that people would be less free, and corporations would be more powerful...</p> But this is in turn difficult to reconcile with the text of the first amendment, which describes “speech and the press,”—perhaps it ought to more generally protect the freedom to do what one likes with one’s property and the freedom of contract, but it doesn’t.

Yes, Solveig, when the founding fathers said:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

they meant, well exactly, what they said.

The PFF would very much like the First Amendment to be written different, to emphasize property rights. I am glad that you have finally admitted your anti-freedom bias. The effect of such a revised First Amendment of course, would be that people would be less free, and corporations would be more powerful…

]]> By: enigma_foundry http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/comment-page-1/#comment-38082 enigma_foundry Fri, 27 Apr 2007 03:54:29 +0000 http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/#comment-38082 <p><i>But this is in turn difficult to reconcile with the text of the first amendment, which describes “speech and the press,”—perhaps it ought to more generally protect the freedom to do what one likes with one’s property and the freedom of contract, but it doesn’t.</i></p> <p>Yes, Solveig, when the founding fathers said:</p> <p>"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."</p> <p>they meant, well exactly, what they said.</p> <p>The PFF would very much like the First Amendment to be written different, to emphasize property rights. I am glad that you have finally admitted your anti-freedom bias. The effect of such a revised First Amendment of course, would be that people would be less free, and corporations would be more powerful...</p> But this is in turn difficult to reconcile with the text of the first amendment, which describes “speech and the press,”—perhaps it ought to more generally protect the freedom to do what one likes with one’s property and the freedom of contract, but it doesn’t.

Yes, Solveig, when the founding fathers said:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

they meant, well exactly, what they said.

The PFF would very much like the First Amendment to be written different, to emphasize property rights. I am glad that you have finally admitted your anti-freedom bias. The effect of such a revised First Amendment of course, would be that people would be less free, and corporations would be more powerful…

]]> By: dmarti http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/comment-page-1/#comment-53750 dmarti Thu, 26 Apr 2007 23:07:27 +0000 http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/#comment-53750 <p>Lee Tien: "Publishing Software as Speech Act" <a href="http://btlj.boalt.org/data/articles/15-2_spring-2000_tien.pdf">http://btlj.boalt.org/data/articles/15-2_spring...</a></p> Lee Tien: “Publishing Software as Speech Act” http://btlj.boalt.org/data/articles/15-2_spring…

]]> By: Don Marti http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/comment-page-1/#comment-38081 Don Marti Thu, 26 Apr 2007 22:07:27 +0000 http://techliberation.com/2007/04/26/violence-in-media-and-virtual-violins-and-so-on/#comment-38081 <p>Lee Tien: "Publishing Software as Speech Act" http://btlj.boalt.org/data/articles/15-2_spring-2000_tien.pdf</p> Lee Tien: “Publishing Software as Speech Act” http://btlj.boalt.org/data/articles/15-2_spring-2000_tien.pdf

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