we won't be pwn'd again

Via the ever splendiferous watchers at Boing Boing, Electronic Frontier Foundation reports on what struck me as a new tact on the part of the entertainment industry and intellectual property chieftains but is just I suppose the latest assault in the bullying-desperate attempts to alienate ownership, entrepreneurship and fair-use. Essentially, an international textbook publishing house has placed an injunction against a student from selling his used learning materials, because, they argue, the content was manufactured, compiled overseas and therefore not subject to the legal principle of first sale, a doctrine that makes venues like eBay and flea-markets and charitable giving possible because one is selling one’s ownership of the thing and not the copyrighted content of it. The US Supreme Court is scheduled to hear arguments, for what seems like a sophisticated and possibly pervasive loophole, since there’s little that is created without non-domestic contributions, and is expected to strike the publisher’s case down as clawing.

For companies to be able to dictate what can be resold or given away after they’ve made their initial profit seems absurd and specious, if not blatant overstepping.  Industry, however, has been codifying and campaigning against the idea of right to property or some time, through various avenues and with unbalanced successes, attempting to extend the lifetime of copyrights and franchises and introducing a little estranging thing called an end-users’ licensing agreement (EULA), which is not a bill-of-sale but rather a permit to use and enjoy their goods and services within strictly defined parameters. While I do not think that the American high-court would open up a legal framework to criminalize garage sales and that there’s no way to argue stealing and counterfeiting out of piracy, there is a creeping and seemingly relentless offensive in favour of large-holders that is in the interest of everyone watching carefully.