[pp.int.general] Court Decision - Equitable Remuneration

Rodrigo Pereira rodrigo2kpereira at gmail.com
Wed Nov 3 16:28:37 CET 2010


2010/11/3 Richard Stallman <rms at gnu.org>

I have seen a different argument:
>
> 1. File-sharing is good.
>

If filesharing is good, why I need to pay to use it? If is good, they passes
Berne three-step test <http://en.wikipedia.org/wiki/Berne_three-step_test>,
then it would be a "exception" like fair use in the USA.

2. Simply legalizing sharing would lead to punishment by the WTO.
>

Not. becouse the TRIPS treaty have a hole for "exceptions" to skip copyright
monopoly, for example,  the fair use mentioned.

3. A flat rate system offers an excuse that can be given to
>   the WTO, so as to legalize sharing.
>

Only if I consider that filesharing is "bad" than it not passes Berne
three-step test. If is "bad", you can create a tax to compensate the social
damage from this "bad pratice" that is permited to people do. But, perhaps,
filesharing is good, how you mentioned. So, you don't need to compensate
anything.



---
Rodrigo Pereira.
Brazil
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