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  • From: Gisle Hannemyr <gisle AT ifi.uio.no>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] EDRI
  • Date: Mon, 02 Apr 2012 13:58:52 +0200

On 02.04.2012 00:04, Wolf Ludwig wrote:

> what doesn’t illume basics of the public interest and what is not
> at all reflected or questioned in Gisle Hannemyr’s deliberations
> arguing “law is law” (in Norway or elsewhere), whether it fits to
> digital environments or realities doesn’t matter but it needs to be
> enforced … at any price …

I still do not believe that any discussion about "the public interest"
in the perspective of IP law belongs on this list, so I refrain
to respond to that particular point. (I have a strong personal
interest in this issue, and am writing a longer essay about it.
I will put an this on my personal blog when it is done.)

However, since the above quote by Wolf Ludwig represents a rather
blatant distortion of what I've said so far in this discussion,
I need to make the following statement:

*Nowhere have I ever said that: "law is law" and that it "needs
to be enforced … at any price". Nor do I hold this opinion.*

To iterate what I've said so far:

My major point is that that Creative Commons should not take an
official position, or make advocacy efforts, with respect to
legal or other issues that does *not* in any way interfere with
CC's licenses and tools - no matter how strongly individual
members and officers feel about these issues.

I've also made a minor point: Hypothetically, *if* CC officers
should enter into advocacy efforts about such controversies purely
based upon their personal beliefs of what would be good justice
(de lege ferenda), then we risk that officers with different
views (and, as *by means of example*, I've used my own personal
preference for the use of criminal courts for certain acts of
rights piracy) makes contradictory statements on behalf of
CC - something which I think will hurt the CC and we therefore
a situation we should take care to avoid.
--
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
========================================================================
"Don't follow leaders // Watch the parkin' meters" - Bob Dylan




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