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It Is Time To Stop Pretending To Endorse The Copyright Monopoly

171 pointsby GBiTover 13 years ago

12 comments

grellasover 13 years ago
A few thoughts:<p>1. I am against SOPA-style enforcement schemes as much as is anyone here at HN - laws that impose potentially ruinous penalties based on vague standards lacking all due process protections are laws that stink, however assessed, and SOPA offers that and little more amidst a drama featuring shady lobbyists, venal motives, and hordes of lawyers waiting in the wings to wreak havoc on the core elements of the Internet and the public at large in order to promote the interests of a narrow faction of copyright holders.<p>2. It is not true, however, that the continued enforcement of copyright laws in a hyper-connected world depends on having SOPA-style laws in effect. The legitimate concerns bothering people about mass infringement on the web were addressed years ago in the DMCA and its scheme of offering safe harbors to those who upheld copyright while allowing for legal action against those who didn't has been a reasonable solution to the difficult problem of how to curb infringement when copying digital content is so easy. The SOPA-style laws are clearly an attempted power grab by which content holders now seek to overreach to get special advantages for themselves at the expense of everyone else. This is wrong but it is not an inevitable part of maintaining copyright protection. Indeed, it is not even a wise or prudent part of maintaining such protection, as is evident from the reaction it has provoked. By framing his argument in the way of claiming that it is, then, the author is setting up a straw-man argument against which he can declaim (in effect, saying, "see, copyright is culturally oppressive and can only exist as part of a regime that denies people civil liberties and many other things they treasure" and it can be nothing else than this - therefore, you either support copyright and its inevitable accompanying oppression or you support civil liberties - this is a false dichotomy).<p>3. Copyright can easily be abused and that is why laws relating to it need to be very carefully framed. That said, the protection it affords is an integral part of our modern world and does protect creative effort to a significant degree. Without copyright, I could take apart J.K Rowling's billion dollar Harry Potter empire by simply republishing and selling all the works myself, without compensation to Ms. Rowling. Without copyright, I could take Pixar's Toy Story movies and characters and reproduce them for my profit at my whim. Without copyright, I could take any company's source code and lift it for my commercial use while leaving the company that spent millions developing it without recourse. Without copyright, anything you or I write on our blogs, or in books, or anywhere else, can freely be used by anybody, word-for-word, and passed off as something having nothing to do with the author who in fact put in the creative effort to compose it. This list of such consequences is long and extends far beyond a narrow "content industry" composed of conglomerates - it reaches down to everyday people who, knowingly or not, rely on copyright to ensure that their creative work belongs to them and cannot be used indiscriminately by others.<p>4. There is, of course, a philosophical argument that all information ought to be free and that its use and dissemination should not be restricted in any way by any form of legal restriction. There is a case to be made for this argument, one with which I would not agree but one which nonetheless can be made in good faith as a goal of trying to achieve a better society. I do not denigrate that argument even as I oppose it. It is undeniable, however, that a society cast in this way would be radically different in terms of how it treats intangible rights and I believe that most people would oppose those changes. SOPA has whatever momentum it does have precisely because many people do feel it is a problem that creative content can be copied at will and without compensation in so many ways across the web. This gives a colorable reason for why SOPA is needed and SOPA proponents exploit this widespread feeling among the public, in effect, to try to put one over on people.<p>5. In the U.S., copyright has deep roots and is seriously grounded in the federal constitution and in congressional enabling legislation going back to the nation's founding. While copyright acts dating back hundreds of years to England were sometimes used as instruments of government oppression, that can't be said of how such laws have been implemented and enforced in the U.S. for over 200 years now. This fact is not changed by using loaded expressions such as "cultural monopoly" to describe those laws. Yes, studios and publishing houses have used the force of those laws to set up distribution mechanisms that have often given them large slices of the profits from the creative efforts of authors, filmmakers, etc. But that simply reflects the fact that huge sums of capital were needed to set up and maintain such distribution mechanisms and few could afford to take such steps independently of a close group of large entities. This "monopoly," if you want to call it that, is being broken up today because of the increased independence creative people have with modern technology. Those creative people, though, want to <i>profit</i> from their efforts even as they shed the old constraints - they don't want their works to become instant common property, usable and salable by all without compensation to the original creator, simply because technology enables easy copying.<p>6. Therefore, it is possible to oppose SOPA and endorse copyright laws with complete consistency. One can oppose overreach that leads to manifold evils while protecting the core of something that is worthy of protection. I think this article gets it all wrong on this score and therefore, while making some good points, is flawed in its core premise.
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libraryatnightover 13 years ago
"I reject and oppose this monopoly that was never for the creators, but always for the distributors: a guild whose time is up and obsolete, and which has no business trampling on our civil liberties."<p>I like this statement. This summarizes a decent portion of the anger generated by the RIAA, the MPAA, and the U.S. Congress.
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soundsover 13 years ago
I am a creator. I create:<p>• original songs<p>• original movies<p>• original apps<p>• original documents, such as this post<p>I am my own distributor. In other words, I am a competitor to the outmoded entrenched RIAA, MPAA, etc.<p>Because I am a competitor, and I am cutting the bottom out of their market by doing my own internet-based distribution, they are frightened.<p>Rick Falkvinge and the religion, Kopimism, made my day. :)
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Joakalover 13 years ago
I would rather like governments to punish abusers of copyright if the intent of it was to promote innovation and creativity.<p>Since there had not been any attempts to punish or reduce such disproportionate abuses, there's no place for more copyright legislation until that happens. And I'm not talking about people's perception of piracy. If I have my grandmother's birthday video on Youtube automatically taken down, the judge will ask, what damages did you suffer? Is law really asking for damages for freely sharing memories?<p>It's a good catch-22 to kill free sharing. Lose the ability to share or force people to sell their content in order to claim damages against companies abusing DMCA.<p>Continuing to push it further will paint a view of the proponents having draconian intents. Especially when such myopic legislation including restricting Internet goes against the original aims of copyright; promoting innovation and creativity.
michaelfeathersover 13 years ago
I hesitate to post this, because I think current copyright law is ridiculous, as is SOPA, and I love mash-ups and mix-culture, etc.<p>But.. the fact of the matter is that for music at least, I'm pretty sure that without copyright in the early days, we would never have had the variety and originality we've seen over the past 100 years or so. I remember an anecdote about the Rolling Stones, that they only started writing originals when they realized they could make money off of the publishing. I also notice that lots of early church hymns and political songs were merely new sets of lyrics put on the same melody over and over again. There was no incentive to make new melodies, so people reused. It was a far cry from the diversity we see in music today. People are pretty much forced to make something new all the time.<p>That said, I love artists like Girl Talk, etc. I just don't know where the right line is.
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CountHackulusover 13 years ago
I do enjoy that this piece is so well written, gets all the points across clearly and effectively.
yelsgibover 13 years ago
A law is only a law if it is enforceable. Copyright is not enforceable since every copyrighted object is a requirement on the government's resources, and such objects are (basically) infinitely easy to create. Therefore, since the government has finite resources, it is simple to create a system where it cannot protect all (supposedly) copyrighted objects, namely one in which (# objects)*(resources required to protect an object) &#62; governmental resources. It is a fundamentally unenforceable law and therefore not a law.
Tychoover 13 years ago
People who want rid of copyright are people who want to kill the golden goose. They look around at all the copyright enabled businesses that have generated so much entertainment for them, and think 'You know what, I'd rather just have all this stuff for free, now. I don't care if we don't get any more in the future.'
nlover 13 years ago
Does anyone have any (non circular) references for the whole "the French tortured people to death for violating copyright on fabric patterns" story?<p>I cannot find anything about it anywhere (including searching Google Books).
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jstclairover 13 years ago
Wouldn't eliminating of copyright render the GPL unenforceable? I'd imagine you'd have to fall back to a BSD-style license, which (according to the FSF) is less-free? [not agreeing or disagreeing].
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gasullover 13 years ago
tl;dr:<p><i>"General-purpose networked computers, free and anonymous speech, and sustained civil liberties make it impossible to maintain this distribution monopoly of digitizable information. As technical progress can't be legislated against, basic civil liberties would have to go to maintain the crumbling monopoly."</i>
PaulHouleover 13 years ago
... it happens just a moment after the singularity