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View Diary: Confessions Of A Hollywood Professional: Why I Can't Support the Stop Online Piracy Act (UPDATED) (272 comments)

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  •  True, however (2+ / 0-)
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    caul, Cassandra Waites

    I had to look up the information for a refresher of the facts.   However, this is still a case where copyright law is being abused (in my own opinion) because it prevents the creation of an original work.  You can't copyright a character or a name in a book.  This case was won because the court was convinced the book is essentially a COPY of Catcher in the RYE and therefore infringed on their copyright.  

    The case was settled out of court, likely because there was no real case.  The book can be found and purchased outside the US and Canada and it seems the only real restriction put on the author (other than the NA ban...on a book probably few care about aside from the controversy anyway) is that he can't use the controversy OR Catcher in the Rye to promote his own book.

    So in short, the case was less about actual copyright as it was about using copyright to protect profit off a general idea that can't really be copyrighted or protected under copyright law.  They were worried this new book would profit out of the association with the original so resorted to a loose interpretation of copyright to stop a new work from coming onto the market.

    And that is ultimately my point.  Copyright as it currently exists is no longer serving its original intent - that is ensuring people who create new works will be able to try and profit off those new works.  That is the intent of copyright because before these laws there was concern that if someone could create something and immediately have it ripped off by someone else, then what would be the point of creating anything at all?   So laws were put in place to give creators of products time to try and profit off their product before it becomes public domain.

    Now, the laws have been extended so that people can control the product for LONG after the original creator has died.  I believe this actually restricts and discourages people from creating new works which is why I used that case as an example.  

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