[Foundation-l] NYT: Who owns the law? (Noam Cohen)

Jussi-Ville Heiskanen cimonavaro at gmail.com
Tue Sep 30 22:12:31 UTC 2008


John Vandenberg wrote:
> On Wed, Oct 1, 2008 at 7:14 AM, Jussi-Ville Heiskanen
> <cimonavaro at gmail.com> wrote:
>   
>> geni wrote:
>>     
>>> 2008/9/30 John Vandenberg <jayvdb at gmail.com>:
>>>
>>>       
>>>> Absurd.  Most recently written copyright laws are very clear that laws
>>>> and judicial opinions are in the public domain.  add Israel and
>>>> Azerbaijan to the growing list appearing in this thread.
>>>>
>>>>         
>>> Okey. As I've said I'm more familiar with British based law than
>>> French based (is Azerbaijan Russian based?). The problem is that
>>> British does not have PD laws and has never done so which means that
>>> anyone with an English law based legal system who hasn't updated the
>>> relevant sections will not have PD laws. Rather a lot of countries
>>> have English law based legal systems.
>>>
>>>
>>>       
>> Not okay. This is just absurd. It is ludicrous to assume that every
>> country which is based on English law, will have jumped over the cliff
>> after it, and balked from safeguarding itself from copyright silliness.
>>     
>
> It was in 1911 that commonwealth countries were given the option of
> defining their own copyright laws.  As far as I know, all have
> radically revised their law, but many still have the 1911 law in
> effect for works before the new laws were enacted.  Wikisource also
> has a project to produce a text of the 1911 copyright act.  We need
> help proofreading this vital law.
>
> http://en.wikisource.org/wiki/Index:The_copyright_act,_1911,_annotated.djvu
>
> The UK gov only provides a revised edition, which doesnt help us
> understand what copyright law is in effect in commonwealth countries
> which enacted their own laws at different years, and thus based on
> different editions of the UK law.  Here is the revised law:
>
> http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1911/cukpga_19110046_en_1
>
> The UK gov only provide originals for a small subset of laws prior to 1998.
>
> http://www.opsi.gov.uk/acts.htm
> --
> John V
>
>   

Heh. This does sort of make me interested in a further enquiry though...

Are all the countries which base their law on the english system still 
members of the commonwealth?

And no, this is not an idle question or asked merely rhetorically. I 
really don't know.

For that matter, could not, and did not some countries base their legal 
system on the english laws, and never ever were members of the 
kingdom/empire/commonwealth in the first place? I could easily imagine a 
country devising a legal system modeled after the English legal 
framework, which actually never came under the crown itself.


Yours,

Jussi-Ville Heiskanen




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