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Jonathan Zittrain On The Spiderweb of Copyright Law
Jonathan Zittrain, director of Harvard Law School's Berkman Center for Internet & Society, takes an unusual approach to critiquing copyright in this Legal Affairs article. He explains with an analogy to the bizarre patchwork of United States tax codes a reason that (in the words of one of Zittrain's colleagues) "all the cyberprofs hate copyright." It goes beyond simple indignation that current copyright laws often grant seemingly unfair monopoly powers, and into the tangled minutia of the laws themselves.
Time to scrap the heap of copyright laws and start over (why not begin with what the Constitution says, as a suggestion?). When laws are being created to prevent toddlers from accidentally becoming felons, simply because they want to listen to their teddy bear read them a story, you know things have gotten out of hand.
Look, here at /. we know all about the music (hello, RIAA!), movies (hello, MPAA!) and software (hello, UCITA!) examples. But here is an example that is just absurd. Fix the problem? Please, just gut the laws and start over.
Wait a minute, what am I saying?! Any laws rewritten from scratch nowadays would be far more draconian. Maybe this time they would put in provisions to haul the 3-year-olds off to prison...
Microsoft Windows's "Network Neighborhood" feature, for example, is simply a way to swap files. Almost every software application that capitalizes on this central functionality is therefore a Kinko's of sorts, and decreeing all search-and-copy software to be illegal is simply too sweeping a move for a court to make.
Now of course, I'm not suggesting that y'all start firing up windows, but I find this point really intriguing - filesharing using the SMB protocol over port 139 a'la redmond. What (c|w)ould the RIAA do about that ?
$ strings FTP.EXE | grep Copyright
@(#) Copyright (c) 1983 The Regents of the University of California.
So your pretty much for enacting a tax that would give back to the movie record and software industry to compensate them for copyright infringement? This sounds ungly who gets to decide the value of the software does MS get a huge chunk because office 2005 costs $2005 a copy with Sony recods decide it's music is worth more etc etc etc. Sure you could give a fixed rate but that ruins the small expensive custom applications like say Oracle server that wont make it up in volume (assuming that the taxes get distributed by volume?) And wouldent monoply powers just play into this anyway with the recond industry cutting deals to host there realy fast servers on prem to scew the download results of top 20's garbage if they are so much faster more people will download them.
No sir I dont like it.
" Add some sort of "fee" to our taxes (maybe just on ISPs, more like on everyone) that allows us, as individuals, to use any copyrighted material we want, as long as we don't try to sell it, without robbing the owners of the copyright - cause we are paying them."
Unfortunately, though this would be th easiest of solutions to implement, it would never pass...
-ISP's and their users would complain that it's a "tax", and would fight it to the end.
-Artists with big followings (U2, Garth Brooks, Pink Floyd, etc etc) would complain that this method shortchanges them in revenues. Bands and record companies fight it to the end.
We're not going to get rid of copyright, and we're not going to get rid of DRM at this point either. Instead of splitting our energies and efforts, we should be focusing on getting two things done...
-Lobbying Congress with all of our might to have copyright terms reduced to a reasonable exemption. Either a set term, like 20 years, or the lifetime of the artists. No extensions beyond that.
-Pressuring record companies through a campaign of public relations and a music boycott to get an Apple Store-like solution up for all copyrighted music at reasonable rates, like 99 cents a song. And this pressure should not include copyright violations. That destroys any moral credibility we may have.
Life is hard, and the world is cruel
This raises an interesting question. turnitin claims to detect plagiarism in essays turned in by students. But those essays are then stored by turnitin in order to detect future plagiarism (of course since we can't track the use of the essay, I have wondered if turnitin isn't feeding the essays out to one of the essay sales sites). If the essay is copyright by the author, this seems to me to be out of the realm of fair use. Perhaps a few students should go after turnitin in the courts.
It did not create "intellectual property", a highly offensive misnomer, it created a temporary loan from the public domain, to which all ideas belong once expressed.
Nonsense, the common law treated Copyright as intangible personal property since the adoption of the Statute of Anne, long before there was a United States or a United States Constitution. There are no significant differences between
Perhaps copyright should simply be abolished. Yes, that would take an amendment, but overturning extentions would only take simple legislation. Too bad the greedy profiteers who oppose it own congress. We need to vote the bums out!
Abolishment of Copyright clearly does not require an amendment to the Constitution -- nothing in the Constitution guarantees any author the right to the monopoly described in Article I, Section 8 -- the power to grant or deny Copyright is within the sound discretion of the Congress. An interesting question of whether the abolishment would constitute a "taking," however remains -- if the Congress took Disney's rights to its films, perhaps Disney would have rights under eminent domain to the value of the asset at the time of the taking.
Such speculations are pointless, for this will never happen, and so we needn't really spend too much time counting Angels on the head of the pin.
From the majority of posts here, everyone seems to have forgotten that copyright laws were designed to protect the authors and creators NOT the "copyright owners" or (the new oxymoron for the 21st century) "intellectual property owners."
All of the squealing on behalf of the poor creators and authors and how file sharing is hurting them is misguided drivel. If it's available on the commercial market, the author has already sold their right to the work.
The copyright should end once the author has lost control of the work -- as in virtually every recording contract existing today.
The laws were designed to protect the authors -- not the publishers. The RIAA is the publishers. The software companies are the publishers. None of the creators owns their rights any longer.
Therefore, most of this discussion is so far off base that it is all irrelevant.
I know, this will get a flamebait modifier, but I don't care. Copyright has been twisted so severely that even those who are staunchly defending it are still arguing against the basic principle upon which the copyright laws were founded.
All the legal antics miss the real point. It's the authors, dammit. In today's system, they get screwed, regardless.