Britain Moves Toward “Fair Use” Of Copyrighted Material On Internet!

From the BBC –

(Bizarrely, enough, the British are envious of our Fair Use provisions, and the article begins with praise for the American doctrine. This is bizarre, because there are current proposals in Congress to butcher these protections.)

“Over there, they have what are called ‘fair-use’ provisions, which some people believe gives companies more breathing space to create new products and services.

“So I can announce today that we are reviewing our IP laws, to see if we can make them fit for the internet age. I want to encourage the sort of creative innovation that exists in America.”

The six month review will look at what the UK can learn from US rules on the use of copyright material without the rights holder’s permission.

It will also look at removing some of the potential barriers that stand in the way of new internet-based business models, such as the cost of obtaining permission from rights holders and the cost and complexity of enforcing intellectual property rights in the UK and internationally.

If only we had the kind of forward looking leadership here to encourage a lessening of our over protections of copyrights (SEVENTY years plus the life of the author). What genius thought that was appropriate protection? Why should a publishing company hold those kinds of rights for so long? The only answer is that the publishing industry has a tremendous influence over legislation.

What that means in practice is that hundreds of thousands of works that should have passed into the public domain are lost to time, discarded by libraries, thrown away by owners who don’t realize their value, or simply decay into the dust. These things could be preserved for every future generation of Americans by web sites like Project Gutenberg.

But because of the rapacious greed of American companies and their minions in the Congress, a good sized chunk of American’s intellectual heritage is discarded like used toilet paper.

Imagine the writers and the thinkers who thought they were creating a legacy for their fellow citizens to be frustrated by the shallow fundraising of the the flag waving hypocrites of the American Congress. It is hard to think of more disgusting show of influence than these well financed companies and the Congress of the United States laying waste to American ‘s past for the long green.

James Pilant

Homeowners Betrayed

I have been accused of being shrill. Today is the day, I should tear the wallpaper off the walls in hot raging anger. The Senate passed a bill on the last day of the session by unanimous consent that essentially solves the banks’ mortgage foreclosure problems.

Have a read – (from Reuters)

The bill, passed without public debate in a way that even surprised its main sponsor, Republican Representative Robert Aderholt, requires courts to accept as valid document notarizations made out of state, making it harder to challenge the authenticity of foreclosure and other legal documents.

The timing raised eyebrows, coming during a rising furor over improper affidavits and other filings in foreclosure actions by large mortgage processors such as GMAC, JPMorgan and Bank of America.

Questions about improper notarizations have figured prominently in challenges to the validity of these court documents, and led to widespread halts of foreclosure proceedings.

The legislation could protect bank and mortgage processors from liability for false or improperly prepared documents.

Do we live in a nation where citizens matter? Hundreds of thousands of mortgages have been done without actual knowledge of the facts. This is not legal. But here comes Congress just when the crisis is beginning to develop. And Congress like the cavalry rides not to rescue the homeowners but to make it difficult or impossible for them to challenge inaccurate or false documents. It will also make it difficult or impossible to sue for redress by these simple Americans who lived their lives believing falsely they had a government that was concerned in some way about their rights.

It’s not law yet. It awaits that “stalwart defender” of the public, Barack Obama, to sign or veto. What do you bet?

This is incredible. The mortgage companies are caught committing essentially fraud on a massive scale at the very least lying to the court system not once but hundreds of thousands of times(probably several million times) and the government acts to legalize their acts just as the scandal is revealed.

I don’t know what to say. I am well aware that besides this frail web site, I have no influence. I want to go outside and scream. Doesn’t someone, anyone care about the homeowners who have been abused hundreds of thousands of times?

What do these huge accumulations of money have to do to get in trouble? Apparently there is nothing they can’t do. Apparently there is no line they can cross, that will cause our government to act against them.

Will there be any action taken? Will there be any outrage? Will there be any investigations and will they lead to any actual action?

Stay tuned. I’m not finished with this yet.

James Pilant