[rumori] The Holden Server

Steev [rumori] The Holden Server
Thu, 11 Feb 1999 09:39:40 -0800 (PST) (00918754780, Pine.LNX.4.05.9902110925140.11618-100000atflotsam.detritus.net)

On Thu, 11 Feb 1999 wobblyatcompcurr.com 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

if you read the letters on the Holden site you see that the final closing
of the site was due to the site creator's choice, not any force.
of course it might have progressed to this, but maybe not. Salinger's
agent may have even backed off. Lawyers had not even joined the fray yet.

But Luke shut it down because he loved J.D. so much. He knew that if the
case was pursued, it would have blown up into incredible media coverage,
which is not, of course, what Salinger would want. So to avoid that, he
gave in. I belive if he had stood up for himself, Salinger would have
backed down to avoid the spotlight.

Which is exactly what Beck did in the case of "Deconstructing Beck."
Oddly, the Salinger case was a case of a totally devoted FAN
being squashed, not for critisizing or attacking, but paying tribute.

Whether you're friendly or not, IP will smash you.

The sad thing is that In both cases the case become a footnote rather
than a decisive battleground.

>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.

Yes. But also, dozens of other cases similar enough to the "U2" case may persuade THEM to tread more lightly. the bright side...

>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?

That is one things i really wanted to do with Detritus.net and still do.
A subsection of Rhizome that is all about legal defense issues.
I would love to collect everyone's lawyers, stories, free artist legal
foundations' contact info, etc etc.
Anyone interested in helping with this?

I just recently heard of California Lawyers for the Arts. They include
intellectual property specialists.

>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.

what a comparison. i agree, but, uh... how many got that allusion?

>Kill me
"...you'll feel better..."

Steev Hise, Subversive Radical Hippy Hacker
steevathise.org http://www.cyborganic.com/people/steev recycled art site: http://www.detritus.net -----------------------------------------------------------------
"Nothing is worth more than this day." -Goethe