[rumori] The Holden Server

wobblyatcompcurr.com [rumori] The Holden Server
Thu, 11 Feb 1999 00:52:17 -0800 (00918723137, 199902110953.BAA01677atmail.currents.net)

At 01:26 AM 2/11/99 -0500, you wrote:

>At 09:51 AM 2/10/99 -0800, you wrote:
>>Interesting, because it brings up a facet of the copyright issue that you
>>don't see too often, that of privacy. The Holden Server, to my mind, is
>>undoubtedly fair use, in fact i think the case against it is laughable.
>>piecemeal quotation of literature is probably more protected than any
>>other kind of "re-use". But do artists have the right to limit the re-use
>>of their works in order to limit their exposure to the world?
> But if you've published something and sell it publically, just what
>kind of right to privacy to those contents can you reasonably expect? I
>agree that had the case been pressed that the fair use side would've won.
>Too bad the site owner didn't want to press it.

That's the scary thing -- just how many of these valid cases are getting
squashed through sheer force of threat? Lawyers showed up on Negativland's
doorstep offering pro bono services towards a Fair Use case, but it was too
late -- now that their reputation is so firmly wrapped up in Fair Use, (and
closer to the mark, now that they've gone public as a group who has legally
prepared to fight on Fair Use turf), no one is likely to dare to sue
Negativland over the issue. Further under the radar, dozens of potentially
winnable cases will continue to get squashed for lack of that handy pro
bono help.

On an idealistic note, how could we spread some kind of network that could
get us and some Fair Use lawyers in touch with these fringe cases within
the 2-7 day period between injunction and capitulation?

Too serious. Hey, these Holger Hiller CD's are _all_ great. I recommend
starting with _Little Present_ -- it's like a pop music version of Carl
Stone's _Kamiya Bar_. Tap your foot to sound.

Kill me