Great White Loophole

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More from KEIonline.org Comment Purgatory Berne Exceptions not subject to 3-step test http://keionline.

org/node/1518
Submitted by James Love on 6. August 2012 - 16:20 (Excerpt) When politicians and trade officials tell you they want to impose a restrictive 3-step test to narrow the copyright limitations and exceptions permitted under the Berne Convention, take a minute to review what the Berne exceptions cover, and ask yourself, why would anyone want to further limit these exceptions? and my comment Home Berne Exceptions not subject to 3-step test

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Submitted by jem40000 on 7. August 2012 - 16:11. If you listen to Carlo Scollo Lavizzari at about 23:00 in your 24 JULY 2012 interview, he says that all those Berne exceptions and limitations you choose to cite are in the context of inclusion in a new work. You seem to say that, as there are these exceptions within Berne that are not subject to the 3-step test, why then can we not have MORE especially in connection with 'fundamental freedoms and basic human rights'? Other than your friends from Ecuador * and a few other countries, this approach seems way out of the norm and is not consistent with US law no matter what you said in your 20 JUL intervention that " We believe this reflects state practice of the U.S., EU ..."

However, most likely you will continue your Captain Ahab-like quest for the Great White Loophole that will overcome any objections -- fine. * Whenever I see your favorite countries putting forth new WIPO SCCR Treaty proposals and articles at your suggestion, I think of the NY DA Robert Morgenthau comment that "I can get a grand jury to indict a ham sandwich". Addendum: The complete comment from Mr. Love at SCCR24 20JUL 2012 -And we support what is now the Ecuador proposal for Article I. We believe this reflects state practice of the U.S., EU

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