FC: Jim Maule's defense of Hugh Prestwood and RIAA lawsuits

[Declan McCullagh <declan () well com>]

Previous Politech message:
"Reply to Hugh Prestwood and RIAA suing individual P2P users"
http://www.politechbot.com/p-05050.html

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Date: Tue, 09 Sep 2003 11:36:31 -0400
From: "James Maule" <maule () law villanova edu>
To: <declan () well com>
Subject: Re: FC: Reply to Hugh Prestwood and RIAA suing individual P2P users

I don't get the gist of Jason's complaint. Actually, I do.... and it is
troubling.

So, If I build a barn-like structure with my own hands, and then build
a huge model railroad display inside, and then invite the public to
visit for $10 a visit per person, why should I, after some short period
of time, let people in for free? Why can I not pass that building and
display on to my kids when I die, giving them something for which they
can charge admission? Under current law, the property right (created by
my physical efforts and the creativity of how I designed the layout and
its accessories) is eternal. (Sure, I'll pay taxes to repay society for
the burden my property puts on the environment, for police protection,
etc..... just as creative artists pay taxes).

But if I were to write a song or make a movie about my model layout you
want yourself (or others) to have access to it for free, at least after
some short period of time? I'd sue someone who breaks in or tries to
enter without paying, and the fact that the person is a "fan" of my
railroad layout doesn't matter. Muggers are "fans" of my wallet.... but
they're not going to get the legal system to support their claim. Oh,
wait, we live in a society where muggers are coddled because no one
"understands" them. *I* understand them... they're too lazy to go to
school, learn how to do something productive, and then labor in a job.
Much like plantation owners who couldn't pick their own cotton.

So should my grandchildren get to live off my model railroad creation?
Yes, unless society through its legislatures, imposes a "take all"
estate or similar tax. It ought not be decided by outlaw renegade "do it
yourself wealth redistribution entrepreneurs" (a fancy word for mugger,
thief, embezzler, etc.). Sure, my grandchildren could be creative and
make their own model railroad layout or whatever else suits them. And,
just as well, these P2P activists can go and create their own music
rather than stealing someone else's work.

The idea that people come to visit and pay $10 because they want to
expand on my work? Rubbish. They simply want to get in for free because
they think they're "special" and don't need to abide by the rules that
bind the rest of us. They're like folks who go straight from the left
turn lane... and the fact more and more people act so idiotically is
nothing more but proof that a few bad apples in the barrel, if permitted
to remain, spoil the rest.

So the underlying premise of the entire argument of the "we share other
people's property' crowd makes no sense unless it is viewed as a "I want
it, you have it, I'll find a way to take it." Hmmm.... sounds like
several national leaders of the 30s in Europe and the Pacific Rim......

So, they're "not consumers anymore." So what are they? Can we dare
utter the words?

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Jim Maule
Professor of Law, Villanova University School of Law
Villanova PA 19085
maule () law villanova edu
http://vls.law.vill.edu/prof/maule
President, TaxJEM Inc (computer assisted tax law instruction)
(www.taxjem.com)
Publisher, JEMBook Publishing Co. (www.jembook.com)
Owner/Developer, TaxCruncherPro (www.taxcruncherpro.com)
Maule Family Archivist & Genealogist (www.maulefamily.com)




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