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Re: NEWS: Paramount is Shutting Down Trek Websites!!!
thirteen@fred.net (Brad Ferguson) writes:
>In article <codex-2909961007330001@ip162.tus.primenet.com>,
>codex@primenet.com (codex) wrote:
>> Again, I believe there is ample precedent in law to reproduce and
>> redistribute copyrighted information AS LONG AS the copier/distrubter does
>> not profit from the information and/or the holder of the copyright does
>> not suffer a demonstrable loss of income from such redistribution-- such
>> as printing the entire text of an author's book on the Internet, for
>> example, or the script of an as-yet unreleased motion picture.
>This just isn't so. A copyright can't be violated because the violator's
>heart is pure. There is such a thing as "fair use," however, and that
>should certainly include a vidcap or two within a discussion of Star
>Trek. Your argument about profit only goes to mitigating the money
>damages Paramount could be awarded, not to the blameworthiness of the
>defendant.
In point of fact, there are two profit principles which drive copyright law -
whether or not the alleged violator profitted from his violation, and
whether or not the violation has the potential to cause the copyright holder
to profit less from his holdings. Neither is necessary for a violation to
be held as such, but they are the justification for protecting copyrights.
Look at it this way. Paramount has made millions off of Star Trek, because
they have chosen to create and foster Star Trek exactly the way it exists
right now. If someone comes along and produces Star Trek material - stories,
memorabilia, etc., there is the potential that he will change people's
perception of what Star Trek is. And if people view Star Trek differently,
there is the potential that they will be less willing to give Paramount money.
Classic example of this - K/S Trek fandom. Do you think for one moment that
Paramount likes the notion of K/S or wants to foster its exposure? K/S is
purely fan-drive, from unauthorized use of the Star Trek characters, and it
pretty clearly threatens Trek's profitability (based on current cultural
mores).
Jim
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Jim Griffith /--OO--\ | Two great powers are on our side: the power of
griffith@netcom.com | Love and the power of Arithmetic. These two are
BEWARE BATS WITHOUT NOSES! | stronger than anything else in the world.
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