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	<title>Comments for Over The Counter Culture</title>
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	<link>http://www.overthecounterculture.com</link>
	<description>Staring at the sun</description>
	<lastBuildDate>Fri, 13 Jan 2012 16:55:00 +0000</lastBuildDate>
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		<title>Comment on NSFW: Oklahoma judge used penis pump during trials by AvoidingJejune</title>
		<link>http://www.overthecounterculture.com/2011/judge-used-penis-pump-in-court/comment-page-1/#comment-745</link>
		<dc:creator>AvoidingJejune</dc:creator>
		<pubDate>Fri, 13 Jan 2012 16:55:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/?p=542#comment-745</guid>
		<description>Remove his penis!</description>
		<content:encoded><![CDATA[<p>Remove his penis!</p>
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		<title>Comment on The Facebook Data Protection Act letter by JustExtreme</title>
		<link>http://www.overthecounterculture.com/2010/the-facebook-data-protection-act-letter/comment-page-1/#comment-744</link>
		<dc:creator>JustExtreme</dc:creator>
		<pubDate>Sat, 07 Jan 2012 15:07:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/the-facebook-data-protection-act-letter/#comment-744</guid>
		<description>Did you ever get a reply?</description>
		<content:encoded><![CDATA[<p>Did you ever get a reply?</p>
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		<title>Comment on Bastiat, the BSA, and the Sun by Lawrence J. Kramer</title>
		<link>http://www.overthecounterculture.com/2011/bastat-and-the-bsa/comment-page-1/#comment-716</link>
		<dc:creator>Lawrence J. Kramer</dc:creator>
		<pubDate>Mon, 06 Jun 2011 18:07:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/?p=533#comment-716</guid>
		<description>Adjust Bastiat&#039;s tacit assumptions as follows:  The sun is a lightbulb of uncertain quality attached to a generator of uncertain quality operated by volunteers of uncertain commitment.  The free light is still a &quot;gratuitous gift&quot; (is there any other kind?), but all of a sudden the externalities seem to matter.  The free light is good enough to scare off entrepreneurs who would make better light.  The best may be the enemy of the good, but so, too, is the mediocre if the price is right.
 
Perhaps John Ruskin had the better advice on this subject: &quot;There is nothing in the world that some man cannot make a little worse and sell a little cheaper, and he who considers price only is that man&#039;s lawful prey.&quot; </description>
		<content:encoded><![CDATA[<p>Adjust Bastiat&#8217;s tacit assumptions as follows:  The sun is a lightbulb of uncertain quality attached to a generator of uncertain quality operated by volunteers of uncertain commitment.  The free light is still a &#8220;gratuitous gift&#8221; (is there any other kind?), but all of a sudden the externalities seem to matter.  The free light is good enough to scare off entrepreneurs who would make better light.  The best may be the enemy of the good, but so, too, is the mediocre if the price is right.<br />
 <br />
Perhaps John Ruskin had the better advice on this subject: &#8220;There is nothing in the world that some man cannot make a little worse and sell a little cheaper, and he who considers price only is that man&#8217;s lawful prey.&#8221;</p>
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		<title>Comment on Giving new life to damaged patented items is infringement! by Tigress</title>
		<link>http://www.overthecounterculture.com/2011/reconditioning-patented-items-is-patent-infringement/comment-page-1/#comment-709</link>
		<dc:creator>Tigress</dc:creator>
		<pubDate>Mon, 04 Apr 2011 16:24:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/?p=562#comment-709</guid>
		<description> The whole container ( cage and bottle ) may hold up to nearly 2 tonnes of hazardous liquid. The cage and original manufacturer&#039;s bottle are designed to interact, and must satisfy very stringent design tests recommended by a United Nations committee. i.e. not to leak having been dropped from 1.9 metres at minus 18 degrees C!! Cross bottled containers do not offer the same performance, and there is little or no control over the manufacturing process. There is also plenty of competition in this market, and the potential user can choose from any number of suppliers. Furthermore, it is not the original purchaser of the container who wishes to extend the life of the product, it is a third party who effectively purchases components and puts them together to sell in direct competition with the original manufacturer.
Also interesting to note that this is a German company investing heavily in UK manufacturing .......................</description>
		<content:encoded><![CDATA[<p>The whole container ( cage and bottle ) may hold up to nearly 2 tonnes of hazardous liquid. The cage and original manufacturer&#8217;s bottle are designed to interact, and must satisfy very stringent design tests recommended by a United Nations committee. i.e. not to leak having been dropped from 1.9 metres at minus 18 degrees C!! Cross bottled containers do not offer the same performance, and there is little or no control over the manufacturing process. There is also plenty of competition in this market, and the potential user can choose from any number of suppliers. Furthermore, it is not the original purchaser of the container who wishes to extend the life of the product, it is a third party who effectively purchases components and puts them together to sell in direct competition with the original manufacturer.<br />
Also interesting to note that this is a German company investing heavily in UK manufacturing &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..</p>
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		<title>Comment on Default public licensing of copyrighted works by bradley</title>
		<link>http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/comment-page-1/#comment-633</link>
		<dc:creator>bradley</dc:creator>
		<pubDate>Mon, 08 Nov 2010 10:08:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/#comment-633</guid>
		<description>&quot;You do know that &#039;not recognising copyright&#039; is effectively equivalent to &#039;copyleft&#039; don&#039;t you? One has legalese, the other doesn&#039;t.&quot;
I don&#039;t fully agree, though I acknowledge that this is where a significant issue with copyright arises (far from being the only one). Copyleft is a legally informed decision to contribute to a commons in some shape, and provides legal certainty, essential to avoiding future legal hassles (well, mostly; see Oracle v Google...). The other is legally ignorant, gives nothing truly (in effect only, not in nature) to the commons, and leaves the user in full uncertainty of the rightness of their actions and in expectation of hassle. I find these two positions to be too different to be effectively equivalent, though I see what you are arguing.

&quot;ANY legislation that makes mankind&#039;s culture a hazard rather than a birthright&quot; - Again, I agree with the principle you&#039;re arguing - but to be pedantic, the reality and practicality is that mankind&#039;s culture is not necessarily an entirely positive thing, and as such you will inevitably find arguably useful legal hazards associated with elements of mankind&#039;s culture. I would argue that banning child pornography from display in the street is potentially a desirable restriction on what is arguably &#039;culture&#039;. But this has little to do with copyright; merely with choosing the end of the telescope to look through.</description>
		<content:encoded><![CDATA[<p>&#8220;You do know that &#8216;not recognising copyright&#8217; is effectively equivalent to &#8216;copyleft&#8217; don&#8217;t you? One has legalese, the other doesn&#8217;t.&#8221;<br />
I don&#8217;t fully agree, though I acknowledge that this is where a significant issue with copyright arises (far from being the only one). Copyleft is a legally informed decision to contribute to a commons in some shape, and provides legal certainty, essential to avoiding future legal hassles (well, mostly; see Oracle v Google&#8230;). The other is legally ignorant, gives nothing truly (in effect only, not in nature) to the commons, and leaves the user in full uncertainty of the rightness of their actions and in expectation of hassle. I find these two positions to be too different to be effectively equivalent, though I see what you are arguing.</p>
<p>&#8220;ANY legislation that makes mankind&#8217;s culture a hazard rather than a birthright&#8221; &#8211; Again, I agree with the principle you&#8217;re arguing &#8211; but to be pedantic, the reality and practicality is that mankind&#8217;s culture is not necessarily an entirely positive thing, and as such you will inevitably find arguably useful legal hazards associated with elements of mankind&#8217;s culture. I would argue that banning child pornography from display in the street is potentially a desirable restriction on what is arguably &#8216;culture&#8217;. But this has little to do with copyright; merely with choosing the end of the telescope to look through.</p>
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		<title>Comment on Default public licensing of copyrighted works by Crosbie Fitch</title>
		<link>http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/comment-page-1/#comment-575</link>
		<dc:creator>Crosbie Fitch</dc:creator>
		<pubDate>Wed, 13 Oct 2010 20:02:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/#comment-575</guid>
		<description>There are such things as implicit licenses, e.g. when submitting letters to a newspaper editor. Thus you could argue I have provided an implicit license with this comment (irrespective of any T&amp;C). However, your blog article does not have such an implicit license (ephemeral copies made on its way to your readers&#039; machines are non-infringing). Righthaven raised the issue as to whether an implicit license can be provided by inferring that an encouragement to &#039;share&#039; qua link to, encouraged &#039;share&#039; qua copy.&lt;br&gt;&lt;br&gt;Bear in mind that copyright used to not be provided automatically. You had to register for it, or at least make it clear you were claiming/reserving the privilege annulling others&#039; right to make copies. It&#039;s doubtful there&#039;s much of a groundswell in support of a reversion.&lt;br&gt;&lt;br&gt;We&#039;re rapidly moving to &#039;individuals don&#039;t recognise copyright&#039; and &#039;corporations obey and enforce it&#039;, with the more mercenary lawyers such as ACS:Law among the latter preying on the former. You do know that &#039;not recognising copyright&#039; is effectively equivalent to &#039;copyleft&#039; don&#039;t you? One has legalese, the other doesn&#039;t.&lt;br&gt;&lt;br&gt;As copyright becomes more dangerous it may be recognised that FBI warnings aren&#039;t enough. Works may have to be divided into &#039;Harmless&#039; and &#039;You are liable to end up in prison if you sing any songs on this CD in earshot of a collection society mobster&#039;. The latter needing something like a radioactive hazard sign or black and yellow chevrons. So, just for that it may be necessary to make all works copyleft or &#039;non-copyrightable&#039; by default, unless the author pays for a monopoly and &#039;Bankruptcy/Imprisonment Hazard!&#039; labels.&lt;br&gt;&lt;br&gt;But as I&#039;ve already intimated it&#039;s likely that before that futile reform it will be realised that there shouldn&#039;t be ANY legislation that makes mankind&#039;s culture a hazard rather than a birthright. It is not a matter of ensuring that only those wealthy corporations who can afford to pay for the privilege can jeopardise the public, but that NO-ONE jeopardises the public.&lt;br&gt;&lt;br&gt;You&#039;re looking through the wrong end of the telescope. It&#039;s not that copyright shouldn&#039;t be granted to mere mortals, but that mere mortals should be immune from privileges - instruments of injustice. If corporations truly think they do better with monopolies than without, that&#039;s their folly, but we can tolerate it only as long as they only use such unnatural weapons against unnatural persons such as themselves.</description>
		<content:encoded><![CDATA[<p>There are such things as implicit licenses, e.g. when submitting letters to a newspaper editor. Thus you could argue I have provided an implicit license with this comment (irrespective of any T&amp;C). However, your blog article does not have such an implicit license (ephemeral copies made on its way to your readers&#39; machines are non-infringing). Righthaven raised the issue as to whether an implicit license can be provided by inferring that an encouragement to &#39;share&#39; qua link to, encouraged &#39;share&#39; qua copy.</p>
<p>Bear in mind that copyright used to not be provided automatically. You had to register for it, or at least make it clear you were claiming/reserving the privilege annulling others&#39; right to make copies. It&#39;s doubtful there&#39;s much of a groundswell in support of a reversion.</p>
<p>We&#39;re rapidly moving to &#39;individuals don&#39;t recognise copyright&#39; and &#39;corporations obey and enforce it&#39;, with the more mercenary lawyers such as ACS:Law among the latter preying on the former. You do know that &#39;not recognising copyright&#39; is effectively equivalent to &#39;copyleft&#39; don&#39;t you? One has legalese, the other doesn&#39;t.</p>
<p>As copyright becomes more dangerous it may be recognised that FBI warnings aren&#39;t enough. Works may have to be divided into &#39;Harmless&#39; and &#39;You are liable to end up in prison if you sing any songs on this CD in earshot of a collection society mobster&#39;. The latter needing something like a radioactive hazard sign or black and yellow chevrons. So, just for that it may be necessary to make all works copyleft or &#39;non-copyrightable&#39; by default, unless the author pays for a monopoly and &#39;Bankruptcy/Imprisonment Hazard!&#39; labels.</p>
<p>But as I&#39;ve already intimated it&#39;s likely that before that futile reform it will be realised that there shouldn&#39;t be ANY legislation that makes mankind&#39;s culture a hazard rather than a birthright. It is not a matter of ensuring that only those wealthy corporations who can afford to pay for the privilege can jeopardise the public, but that NO-ONE jeopardises the public.</p>
<p>You&#39;re looking through the wrong end of the telescope. It&#39;s not that copyright shouldn&#39;t be granted to mere mortals, but that mere mortals should be immune from privileges &#8211; instruments of injustice. If corporations truly think they do better with monopolies than without, that&#39;s their folly, but we can tolerate it only as long as they only use such unnatural weapons against unnatural persons such as themselves.</p>
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		<title>Comment on Default public licensing of copyrighted works by Philippe Bradley</title>
		<link>http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/comment-page-1/#comment-574</link>
		<dc:creator>Philippe Bradley</dc:creator>
		<pubDate>Wed, 13 Oct 2010 19:27:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/#comment-574</guid>
		<description>I agree with most of what you&#039;re saying. To cast a slightly different light on the latter part:&lt;br&gt;There&#039;s an argument for saying that all I&#039;m arguing for is the crystallisation into statute of something which happens anyway, all the time: if I write something (e.g. a blog post, a twitter post, a facebook status) but don&#039;t state what rights I&#039;m reserving, I&#039;m usually implicitly granting you a licence to redistribute. &lt;br&gt;&lt;br&gt;Now, I don&#039;t know if common law recognises implicit licenses of copyright, but perhaps it does. If so I&#039;m just proposing an explicit recognition and statutory definition of UK common law.&lt;br&gt;&lt;br&gt;Not very revolutionary. But perhaps subversive?</description>
		<content:encoded><![CDATA[<p>I agree with most of what you&#39;re saying. To cast a slightly different light on the latter part:<br />There&#39;s an argument for saying that all I&#39;m arguing for is the crystallisation into statute of something which happens anyway, all the time: if I write something (e.g. a blog post, a twitter post, a facebook status) but don&#39;t state what rights I&#39;m reserving, I&#39;m usually implicitly granting you a licence to redistribute. </p>
<p>Now, I don&#39;t know if common law recognises implicit licenses of copyright, but perhaps it does. If so I&#39;m just proposing an explicit recognition and statutory definition of UK common law.</p>
<p>Not very revolutionary. But perhaps subversive?</p>
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		<title>Comment on Default public licensing of copyrighted works by Crosbie Fitch</title>
		<link>http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/comment-page-1/#comment-571</link>
		<dc:creator>Crosbie Fitch</dc:creator>
		<pubDate>Wed, 13 Oct 2010 18:47:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/#comment-571</guid>
		<description>The least you can do to copyright to make it ethical is to exempt individuals from infringement, i.e. only the legal persons known as corporations could infringe copyright.&lt;br&gt;&lt;br&gt;Anything else only has potential merit in hastening copyright&#039;s demise.&lt;br&gt;&lt;br&gt;I wrote the article I linked to as an example of the only kind of reform that could be accepted by the copyright cartel, i.e. as one simultaneously more draconian whilst also being copyleft by default - enabling individuals to more quickly adapt to more equitable business without it.&lt;br&gt;&lt;br&gt;Unfortunately, it didn&#039;t get any traction. So what we have now is just the &#039;more draconian&#039; bit, i.e. ACTA. Although, it seems that a tiny few still have some qualms about measures that see people such as Emmanuel Nimley in jail for 6 months for pointing their iPhone at the cinema screen. We&#039;ll see what happens after ACTA is ratified and each country&#039;s legislation &#039;harmonises&#039; with it.&lt;br&gt;&lt;br&gt;&#039;Copyleft by default&#039; is effectively the people&#039;s DIY legislation. The coders started the ball rolling with the Free Software Movement. Other artists will follow.&lt;br&gt;&lt;br&gt;I think you&#039;re just exhibiting the &#039;bargaining&#039; phase prior to the &#039;acceptance&#039; phase of recognising copyright&#039;s demise. Your questions are of a hypothetical copyright reform, one that I don&#039;t think will ever come about. So, it&#039;s really rather moot.</description>
		<content:encoded><![CDATA[<p>The least you can do to copyright to make it ethical is to exempt individuals from infringement, i.e. only the legal persons known as corporations could infringe copyright.</p>
<p>Anything else only has potential merit in hastening copyright&#39;s demise.</p>
<p>I wrote the article I linked to as an example of the only kind of reform that could be accepted by the copyright cartel, i.e. as one simultaneously more draconian whilst also being copyleft by default &#8211; enabling individuals to more quickly adapt to more equitable business without it.</p>
<p>Unfortunately, it didn&#39;t get any traction. So what we have now is just the &#39;more draconian&#39; bit, i.e. ACTA. Although, it seems that a tiny few still have some qualms about measures that see people such as Emmanuel Nimley in jail for 6 months for pointing their iPhone at the cinema screen. We&#39;ll see what happens after ACTA is ratified and each country&#39;s legislation &#39;harmonises&#39; with it.</p>
<p>&#39;Copyleft by default&#39; is effectively the people&#39;s DIY legislation. The coders started the ball rolling with the Free Software Movement. Other artists will follow.</p>
<p>I think you&#39;re just exhibiting the &#39;bargaining&#39; phase prior to the &#39;acceptance&#39; phase of recognising copyright&#39;s demise. Your questions are of a hypothetical copyright reform, one that I don&#39;t think will ever come about. So, it&#39;s really rather moot.</p>
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		<title>Comment on Default public licensing of copyrighted works by Crosbie Fitch</title>
		<link>http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/comment-page-1/#comment-572</link>
		<dc:creator>Crosbie Fitch</dc:creator>
		<pubDate>Wed, 13 Oct 2010 18:26:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/#comment-572</guid>
		<description>I&#039;ve never said copyleft is wrong.&lt;br&gt;&lt;br&gt;Providing a covenant not to sue, or a copyright neutralising license with one&#039;s work, is ethical. It is any attempt to exploit copyright&#039;s unethical suspension of the public&#039;s liberty that is thus also unethical.</description>
		<content:encoded><![CDATA[<p>I&#39;ve never said copyleft is wrong.</p>
<p>Providing a covenant not to sue, or a copyright neutralising license with one&#39;s work, is ethical. It is any attempt to exploit copyright&#39;s unethical suspension of the public&#39;s liberty that is thus also unethical.</p>
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		<title>Comment on Default public licensing of copyrighted works by Philippe Bradley</title>
		<link>http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/comment-page-1/#comment-570</link>
		<dc:creator>Philippe Bradley</dc:creator>
		<pubDate>Wed, 13 Oct 2010 18:19:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/#comment-570</guid>
		<description>These are the particular things I&#039;m wondering:&lt;br&gt;&lt;br&gt;Would it adequately solve some of the issues you have with copyright?&lt;br&gt;Would it provide the &#039;innocent reproducer&#039; with a defence when non-commercially reproducing/modifying work they come across that isn&#039;t accompanied by a licence?&lt;br&gt;Would it boost the commons and legitimise not-for-profit sharing and reworking of more works (unless the creator express a wish to contrary?)&lt;br&gt;Would it have undesirable side-effects (such as DRM of some form? term extension? enforcement? economic effects?)&lt;br&gt;Could the idea usefully be made more sophisticated, e.g. making it such that explicit departures from the default public licence must be expressly renewed every (xx) years? That after (y) multiples of the (xx) period, the work falls into the public domain outright?&lt;br&gt;Would it strike a fair balance between stakeholders in the copyright debate?&lt;br&gt;Could it be implemented without a break with the UK&#039;s international copyright treaty/agreement obligations? With EU harmonisation?&lt;br&gt;Is there a particular type of copyrighted work which this could be applied to if a government wanted to experiment?</description>
		<content:encoded><![CDATA[<p>These are the particular things I&#39;m wondering:</p>
<p>Would it adequately solve some of the issues you have with copyright?<br />Would it provide the &#39;innocent reproducer&#39; with a defence when non-commercially reproducing/modifying work they come across that isn&#39;t accompanied by a licence?<br />Would it boost the commons and legitimise not-for-profit sharing and reworking of more works (unless the creator express a wish to contrary?)<br />Would it have undesirable side-effects (such as DRM of some form? term extension? enforcement? economic effects?)<br />Could the idea usefully be made more sophisticated, e.g. making it such that explicit departures from the default public licence must be expressly renewed every (xx) years? That after (y) multiples of the (xx) period, the work falls into the public domain outright?<br />Would it strike a fair balance between stakeholders in the copyright debate?<br />Could it be implemented without a break with the UK&#39;s international copyright treaty/agreement obligations? With EU harmonisation?<br />Is there a particular type of copyrighted work which this could be applied to if a government wanted to experiment?</p>
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		<title>Comment on Default public licensing of copyrighted works by Philippe Bradley</title>
		<link>http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/comment-page-1/#comment-569</link>
		<dc:creator>Philippe Bradley</dc:creator>
		<pubDate>Wed, 13 Oct 2010 18:17:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/#comment-569</guid>
		<description>I do have issues with asking for registration though. I&#039;ve not seen any feasibility studies done yet. Content production and dissemination is accelerating, fast. Self-deprecating/expiring DRM instead?&lt;br&gt;&lt;br&gt;The effect of such a policy on DRM usage and development is one of the questions I have concerning this.</description>
		<content:encoded><![CDATA[<p>I do have issues with asking for registration though. I&#39;ve not seen any feasibility studies done yet. Content production and dissemination is accelerating, fast. Self-deprecating/expiring DRM instead?</p>
<p>The effect of such a policy on DRM usage and development is one of the questions I have concerning this.</p>
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		<title>Comment on Default public licensing of copyrighted works by Philippe Bradley</title>
		<link>http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/comment-page-1/#comment-568</link>
		<dc:creator>Philippe Bradley</dc:creator>
		<pubDate>Wed, 13 Oct 2010 18:12:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.overthecounterculture.com/2010/default-public-licensing-of-copyrighted-works/#comment-568</guid>
		<description>Ah, I get a few more web hits for &quot;copyleft be default&quot;. Not a new idea
&lt;br&gt;then, as I thought.
&lt;br&gt;(I&#039;m astounded that they came from you though!)
&lt;br&gt;
&lt;br&gt;Not a solution that ever got traction I guess - but did it get rebuttals
&lt;br&gt;(besides *your own*, which seem to be based on the premise that copyleft is
&lt;br&gt;wrong because copyright is wrong)?</description>
		<content:encoded><![CDATA[<p>Ah, I get a few more web hits for &#8220;copyleft be default&#8221;. Not a new idea<br />
<br />then, as I thought.<br />
<br />(I&#39;m astounded that they came from you though!)</p>
<p>Not a solution that ever got traction I guess &#8211; but did it get rebuttals<br />
<br />(besides *your own*, which seem to be based on the premise that copyleft is<br />
<br />wrong because copyright is wrong)?</p>
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