Is it possible to create something where knowing about the thing constitutes copyright infringement?
I suppose you could argue an “illegal number” is: https://en.wikipedia.org/wiki/Illegal_number.
For example, the HD DVD encryption key saga was originally fought via DMCA notices to Digg: https://en.wikipedia.org/wiki/AACS_encryption_key_controversy
Heads up, your first link is borked
Works for me with Lemmy-UI. I’m guessing whatever client/browser you’re using is including the period at the end of the sentence in the URL.
So I suppose being able to memorise and then replicate it? That’s not bad. I was thinking along the lines of knowing about a joke where Taylor Swift lyrics were attributed to Mark Twain (for example) would violate Tay tay’s moral right of attribution, and that could happen by simply knowing the joke.
You mean like “The Game” but for copyright?
lol yes.
oh no i forgor
I think the closest you can get to that is illegal numbers
No.
You cannot violate copyright by seeing, reading, hearing, or feeling a work. Even if you are knowingly observing an infringing copy, your consumption of that work is not an infringement.
Unless you were complicit in creating or distributing the infringing copy, you are free to consume any copy that you have acquired.
Well, you could make it such that accessing it would make you break the law, but then it would still be the accessing, not consumption that breaks the law.
Agreed, with one caveat: while mere access could be potentially illegal, I don’t think that it would be copyright law that would be broken.
Yes, that is what I was trying to say
or feeling a work.
Lmao.
“These emotions are a work of art and I demand you pay royalties for feeling them!”
Lol, I was trying to imply “braille”, or some other tactile expression…
Would not the act of memorization an infringing copy? Copyright itself does not allow a provision where a non-ephemeral copy may be stored, regardless of the medium or duration. You would, of course, have the positive defense of fair use - if you were sued for your infringing copy, you could mount a defense that the storage falls under the fair use provisions, but you would still be required to defend yourself at your own expense. Would it make a difference if we, one day, developed a method of reading memories. Someone with a photographic memory could then be used to recreate the work from their copy - clearly a violation, and hence the storage is a violation (excepting backup/fairuse - which is still an infringement, but a special case of permitted infringement)
Would not the act of memorization an infringing copy?
No. The variant of the work recorded within your nervous system does not meet the legal definition of a “copy”.
Even if it did, prosecuting such a violation would violate a whole mess of human and civil rights which supersede copyright provisions.
Oh, it definitely does. A copy does not need to be verbatim - derivative works, of which even an inaccurately memorized copy would certainly apply - to be infringing. Otherwise a re-encoded copy of a video - having been entirely changed through the encoding process - would be a new work. When I sing a song from memory, it’s effectively reproducing the equivalent recorded copy from my brain. Of course, the performance is yet a new copy - and I can be sued if I were to change the lyrics or notes outside of the specific contract under which I perform (performance) or record (mechanical). Broadway show owners do this all the time (prohibit changes of words and characters, among other alterations) - and generally they win in court if challenged, shutting down shows and cancelling performance rights
What if you were playing a Switch on the train? Would that not be “exhibiting the work publically”?
You could play your Switch on a train, while streaming on Twitch, and it still wouldn’t be infringement.
You could tell people where they could download a Switch emulator and the roms for the game you were playing (provided you weren’t hosting them yourself), and you still wouldn’t be infringing copyright. (The host of that emulator and the roms would be, and you would violate Twitch’s TOS, but not copyright law)
I would argue that your followers would not be violating copyright in downloading that emulator and rom; the violator is the uploader, not the downloader.
I would argue that you could then invite your followers to play with you, and you could play on the train, and stream your gameplay on twitch, and still not be violating copyright.
Another example could be clean room design. Essentially reverse engineering code without using copyrighted code. Having someone on a team who has reviewed leaked code could compromise a project and make it more likely to be hit with a copyright claim if they slip up.
This has been an issue/topic of debate with multiple open source projects such as ReactOS.
I could be slightly off here but this is my understanding of it. I hope someone corrects me if I’m off base.
Yeah this was something else I was thinking of. I’m not exactly sure about the mechanics of the infringement here, but it seems like simply knowing a thing taints you for producing a work. I guess it’s more about ease of proving?
The key here is that it taints you, not the thing. Just because the source code of eg.: Acrobat is known because the source is leaked, that does not make the source code of an alternative instantly illegal.
No.
Trade secrets,?