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Surefire Way To Stifle Innovation
denissmith writes "C|NET has a very funny piece by Patrick Ross, where he pooh-pooh's Congressman Rick Boucher's (D-VA) efforts to protect Fair Use by claiming that it will stifle innovation." From the article: "If HR-1201 becomes law, every consumer could legally hack any TPM by claiming fair use, and as fair use isn't codified, there would be as many definitions of it as there are consumers. Consumers would be legally sanctioned to break their contracts with the content provider. No sane business operator enters a contract in which one party has the right to disregard its terms at will, but that's what HR-1201 permits. That hated TPM would disappear from the market, as there's no reason to employ a lock if everyone has a legal right to the key. But as TPM leaves, so do the digital offerings that come with it."
No sane business operator enters a contract in which one party has the right to disregard its terms at will
That's funny, because every single one of them does it. If you've ever signed a contract for any kind of service, such as cable/satellite TV, DSL, cellular phones, etc, the contract includes the clause: "$COMPANY maintains the right to change the terms of this agreement without notice" or something to that effect. So basically, what he really means is that no sane business enters a contract in which the terms are fair, or that they don't have complete control over their ability to screw the customer in the future. Cute claim, though, since most people don't read that far into the contract (and there's nothing you can do about it, since you need to get your internet and telephone service from them, and you can't get it without agreeing to let them change the terms on you).
I ran into this problem myself with SBC DSL recently, wherein they changed the terms of the contract after I signed it, stating that after one year, the price goes up three-fold. They didn't even inform me of the change, and acted as if it had always been that way, even though I read the contract and that was not there, and the person on the phone when I ordered the service assured me that there was no such price hike after one year (I specifically asked).
Lack of eloquence does not denote lack of intelligence, though they often coincide.
Indeed. Their site is here; let's have a quick look at how they describe themselves, shall we? Translation in italics.
"The Progress & Freedom Foundation is a market-oriented [corporate-centric] think tank that studies the digital revolution and its implications for public policy. Its mission is to educate [lobby] policymakers, opinion leaders and the public about issues associated with technological change, based on a philosophy of limited government [Don't legislate against us, only for us], free markets [Ditto] and individual sovereignty [Don't let consumer rights groups interfere with us making money].
PFF's research combines academic analysis [paid-for studies] with a practical understanding of how public policy is actually made [yet more lobbying]. Its senior fellows and other scholars are leading experts in their fields, with distinguished careers in government [ex-government officials turned lobbyists], business [corporate mouthpieces], academia [assistant lecturers desparate for grant money] and public policy [our pet politicians]. Its research is substantive, scholarly and unbiased [Liar! Liar! Pants on fire!]. At the same time [yes, we really were lying in the previous sentence], PFF is focused on having an impact on public policy.
PFF's underlying philosophy combines an appreciation for the positive impacts of technology with a classically conservative view of the proper role of government [See previous comment about not interfering with us making money]. We believe that the technological change embodied in the digital revolution has created tremendous opportunities for enhanced individual liberty [See previous comment about those goddamn consumer rights groups], as well as wealth creation [for us] and higher living standards [for us]. Those opportunities can only be realized if governments resist the temptation to regulate [DMCA? What's that? Extension of copyright? Never heard of it] , tax [us] and control [us]. Government has important roles to play in society [like helping us], including protecting [our] property rights and individual liberties [hahahaha], but its tendency is to reach beyond its legitimate functions in ways that harm [help] consumers, burden citizens [with all this messy legal stuff they really don't need to know about, right? By the way, Mr. Senator, how many callgirls will you be needing tonight?] and slow progress [of the growth of our bank balances]."
I've never seen a more obvious bluff in my entire life. It's like a child threatening to hold his breath until you give in to what he wants. It has no more substance than the "blockbusters" they produce.
They will not stop making movies or television or music because of piracy or anything else. Why? Because then they'd be making no money. They're threatening to stop making money. The TPM argument (I guess "TPM" sounds better than "DRM") is no different. Without (DR/TP)M, businesses and their advocates muse, no one will make digital content.
Good. I hope the MPAA and the RIAA and everyone else bows out because the business is just "too risky" from their point of view. The second they do so, they give away their market. Television, movies and music are a very, very competitive business, and there are thousands of people trying to work their way into it every day. There are thousands of people who want their shot at the billions these companies make and there are thousands more who would pleased with the chance to give their stuff away just for a little recognition. Someone else would step in immediately, hopefully or even probably with a better attitude for the market, and seize what can only be deemed a mythical opportunity.
To suddenly give up a huge position of power and influence... a position that might never been attainable again, is ludicrous. It's a bluff. The MPAA and RIAA have everything to lose by stepping out of the market and we, the consumers, and have everything to gain.
I just don't understand their argument at all.