[pp.int.general] where is the manifesto?
Richard M Stallman
rms at gnu.org
Fri Dec 26 17:33:04 CET 2008
- From <a href="http://www.un.org/Overview/rights.html">UDHR, article
11.2</a>: "<i>No one shall be held guilty of any penal offence
Note that this is limited to _penal offences_. Reducing copyright
power does not mean establishing a penal offence. It simply means
increasing people's freedom to copy.
href="http://en.wikisource.org/wiki/Spanish_Constitution_of_1978/Preliminary_Title">Spanish
Constitution, article 9</a>: "<i>The Constitution guarantees</i> [...] <i>the
non-retroactivity of punitive provisions that are not favourable to or
restrictive of individual rights</i>"<br>
Likewise irrelevant. And the others too. They all pertain
to convicting people of crimes which were not crimes at the time.
I fully support the principle of non-retroactivity _for crimes_, but
that has nothing to do with the issue at hand, because we are not
talking about making anything a crimes. To reduce copyright power
means legalizing activities that are currently crimes, and ending
certain artificial opportunities for certain peopel to sue.
To apply a principle of non-retroactivity to artificial economic
privileges is neo-liberalism. It is an offense against our freedom.
Of course Richard that, if author's material rights can be lengthened,
they can be shortened. You may pass a law which retroactively shortens
it -i.e., not only for future works but also for past works-, but what
would happen? I believe that US Supreme Court, ECJ, Spanish
Constitutional Court and simmilar courts would make simmilar judgments
If they make such decisions, that would indicate they have adopted a
misguided principle about artificial privileges. Perhaps the
constitution needs to be amended.
The road to freedom is not always short. But it is infinitely long
if you give up.
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