|
Home page for digital-law-online.info - Table of Contents - Introduction to the online version Chapter 1 – The Commission and Its Recommendations Chapter 2 – The Establishment, Mandate, and Activities of the Commission Chapter 3 – Computers and Copyright - Recommendations for Statutory Change - Recommendation for Regulations - Case for Copyright Protection for Programs - Copyright and Other Methods Compared - Scope of Copyright in Programs - Economic Effects of Program Copyright - Cultural Effects of Program Copyright - Concurring Opinion of Commissioner Nimmer - Dissent of Commissioner Hersey - Dissent of Commissioner Karpatkin Chapter 4 – Machine Reproduction – Photocopying Appendix A – Summary of the Legislative History of Computer-Related Issues and the Photocopy Issue Appendix B – Public Law 93-573 and Public Law 95-146 Appendix E – Lists of Witnesses Appendix F – Alphabetical Listing of Persons Appearing before the Commission Appendix G – Transcripts of Commission Meetings Appendix H – Summaries of Commission-Sponsored Studies Appendix J – Selected Provisions of the Copyright Act of 1976 and Copyright Office Regulations |
Final Report of the National Commission on New Technology Uses of Copyrighted Works Chapter 3 – Computers and Copyright Dissent of Commissioner KarpatkinThroughout the Commission’s deliberations on computer software, Commissioner Hersey has advocated the point of view expressed in his dissent. While a majority of the Commission has not been persuaded, Commissioner Nimmer shares a number of Mr. Hersey’s doubts and concerns, and the late Commissioner Dix, who passed away before the Commission’s final report, indicated that he shared them as well. {Page 38} The Commission has respectfully considered and discussed Commissioner Hersey’s views. In the course of the many discussions, I have been persuaded that Commissioner Hersey has raised important issues and that they merit serious consideration. Whether that consideration tilts in the direction of a dissent or concurrence is less important than the fad that the issues raised are serious. Without agreeing with the entire text of Commissioner Hersey’s dissent I share his doubts and concerns sufficiently to lead me to add my dissent to his. |