Jophiel wrote:
Kavekk wrote:
Quote:
There is no "but". If you agree that it's illegal than the government has an obligation to enforce those protections. And the entertainment industry has every right to expect the government to do it.
Let me reach into my bag of tricks for an appropriate response.
False.
Well, that was convincing.
That's the point. I was very unimpressed with your argument.
One problem is that you're trying to boil away the enforcement mechanisms from the equation. This allows you to claim that the government is not enforcing the protections it has given, when in truth this can only sanely be used to describe a situation where the government is wilfully not prosecuting people found in breach. These mechanisms are part, and a limitation of, the extent of protections given, which
are being enforced.
From here you argue that because the government has undertaken to protect something, there is an imperative to protect it to a greater degree. This is cast as a general principle of law. You say later a criticism of your position is vulnerable to excluded middle, so obviously this threshold you're setting isn't absolute protection.
So what is this thereshold, then? If it's a reasonable threshold it's certainly incorrect, even if we accept your principle, to exclude the difficulties of enforcement or the fact that those unprotected can easily protect themselves. If this is the threshold, then you're simply recasting the debate in a profoundly unhelpful way, because anyone on the other side will say the current legal threshold is, all things conisdered, reasonable, and you will say the opposite. It follows that your suggested principle is unhelpful.
Presumably, then, the standard is of the nebulous concept of effectiveness. Now, if this is different from the reasonable standard, it is unreasonable. If it is the same, then there's no point following whatever methodology you have in mind to determine it when we can simply do the old balancing excercise of reasonableness, which ahs no chance of leading us astray.