Re: Music industry proposes a piracy surcharge on ISPs

[David Farber <dave () farber net>]

________________________________________
From: David P. Reed [dpreed () reed com]
Sent: Monday, March 17, 2008 10:49 AM
To: Brett Glass
Cc: Richard Bennett; David Farber; ip; Gordon Peterson; scott () bluespike com; Rbohn () ucsd edu; griffin () onehouse 
com; Kenneth_Mayer () Dell com; vxm () miglia com
Subject: Re: [IP] Re:     Music industry proposes a piracy surcharge on   ISPs

Brett Glass wrote:
> At 12:55 PM 3/15/2008, David P. Reed wrote:
>
> > Tom Paine, Tom Jefferson, Ben Franklin, and other American
> > revolutionaries would roll over in their graves.
>
> They might well do so. They drafted a Constitution that prohibited the
> taking of property without compensation.
The length and artfulness of your argument, Brett, that network
neutrality would amount to taking of property stretches the legal
understanding of property beyond all reasonable bounds.  I suppose you
would agree with me, then, that the Second Amendment guarantees me the
right to keep and bear tactical nuclear armaments in my personal vehicle.

The law of property (common law and codified law) does not define your
theory that you should control of what content travels over Lariat.net
as a "property right".   At least not yet.   Perhaps as an extension of
the so-called Broadcast Right being proposed via the "treaty loophole"
in the US Constitution in WIPO meetings by our King (er... President)
via the USPTO and State Dept.   We can always gin up new synthetic
"rights" that can be treated as property.  But they are new rights ...
not rights that have been recognized by precedent in the property law
precedents up to today.

I hope before you continue to blather about the Constitution or the Law
you would bother to actually learn something about the difference
between Property Law, Tort Law and Contract Law, for example.   Most of
your dealings with customers at Lariat.net are covered by Contract and
Tort Law, not by Property Law.

I know that, and IANAL.

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