Slashdot Mirror
UK Government Order Review of IP Rights
quaker5567 writes "The Chancellor of the Exchequer, Gordon Brown, has ordered an independent review of intellectual property rights in the UK. The review will be led by Andrew Gowers, formerly the editor of London newspaper The Financial Times. The review will look into the awarding of IP rights to business, the complexity of current laws and the extent of "fair use" in the current law. Importantly, the review will also examine whether the current term of copyright protection (70 years after the author's death) is appropriate. Andrew Gowers recently criticised the print industry for not realising the true power of the digital platform, comparing them to a record company which specialises in vinyl."
I suspect that the outcome of this "review" will be my descendants owning this post long after I am dead.
Automated DNA sequencing software
This is just a review: some guy with good credentials is sent away to study the area for a year or so and proposes some sensible reforms. The resulting report gets a few hours of press coverage before the government dismisses its findings as too expensive, too hard to get through parliament or "not the answer we paid for".
To the people of the UK -- be afraid. In fact, be very afraid:
In other words it is the legal scheme (IP) and not the ideas, creativity or innovation which what lies at the heart of Britain's success. an environment for innovation usually means an environment rewarding past innovation with infinite monopoly reducing the motivation for future innovation (consider US copyright law).
This sentence is usually a sign that the public, the largest stakeholder in the business, is about to be excluded.
Many slashdot readers are starting to realize what a scam Intellectual Property laws are, and I firmly believe that the only ownership one can have is physical ownership of a good. The power of IP is born from government's monopoly on force, and the majority of IP-owners are corporations, another figment of government's imagination. Isn't the intent of government to make all citizens safe, secure and let no one's freedom to produce be hampered by another?
The U.K. isn't going to make any changes to their laws. In a country with increasing inflation, increasing unemployment and increasing debt, the powers-the-be will more likely collude with megacorps than shun them. There is a mistaken belief that employment is a creation of government fiat and that the market won't provide unless government sets up regulations and restrictions. IP is one of those restrictions. IP also creates unemployment, as companies that could otherwise compete with the IP holder are not allowed entry into the market.
Kinsella wrote a decent article (PDF warning) about Intellectual Property and how anti-freedom/pro-force the idea is. I don't believe we can "fix" the laws, and I don't think we can even roll them back. The slippery slope has shown its ugly face, and the only hope we have is to completely toss the rules and find a better way, maybe a non-government way. Kinsella's 53 page article has more footnotes and links that I could ever place in a slashdot article, but he hits the nail on the head in reaching the same conclusion: don't offer protection for non-physical property.
If you post it, expect it to get copied. If you create it, expect cheap knock-offs to appear. If you don't want either thing to happen, don't put your idea into the public eye. If you want to profit from your creation, you have to add in the cost of knock-offs and copying into the equation, and offer value added options in order to attract customers to your first-to-market creation.
Importantly, the review will also examine whether the current term of copyright protection (70 years after the author's death) is appropriate.
As a UK citizen, this has got me worried. I don't think there has ever been a government that has *reduced* the copyright term. This move also probably ties in with the announcement earlier this year that they were going to extend the copyright term on recordings from 50 years to 100 years (after all, we couldn't have any of the Beatles' material get into the public domain, could we?).
-- Help Digitise the Public Domain at DP.
The two aren't really equivalent.
Several uses that I think most of us would consider reasonable are actually illegal in the UK, or legal only on a technicality under some circumstances. Making back-ups, format shifting, and making music compilations are all somewhat dodgy, for example, even where only legitimately bought content is involved and it's strictly for personal use by the person who bought it.
To give an example of how daft this is, a local dancing club I help to run would like to make compilation CDs of the music we have legitimately paid for, since we have a large library and carrying all the CDs everywhere is awkward. We also pay an additional fee for the right to play this music at public classes and events, so our use of the music itself is entirely legit. We have concluded that none of the standard licensing agencies can authorise the simple compilations we'd like to produce, so we have made efforts to contact the copyright holders directly.
Interestingly enough, the specialist dancing music companies from which we buy most of our CDs (we're talking about things like ballroom, rock 'n' roll, salsa and swing here, rather than clubbing stuff) tend to be helpful, slightly surprised that we've even bothered to ask, and happy to grant permission for reasonable uses. The big names, which we actually don't buy as much from, have also been slightly surprised to hear from us, but we get strange things like permission for the mechanical copyright, but not for the actual recording because the publisher doesn't actually hold that copyright, and doesn't seem to know who does.
In other words, we have a reasonable use, we're paying properly for the music itself and the right to play it at public events, when asked the publishers generally haven't objected to our request or asked for any extra consideration in exchange, but legal technicalities mean that strictly speaking we still can't make the compilations because some unknown copyright holder hasn't given permission and there's no way for us to seek it. That seems a bit daft to me.
Personally, I'm not sure US-style fair use is the best way to go in a digital world; it's just too easy to argue that activities which could -- not necessarily are in practice today -- be seriously damaging to copyright holders are authorised. I'm thinking in particular of distribution to "friends", and thence to their "friends" and so on, until a new track/e-book/game/whatever has suddenly spread across the whole Internet.
However, it seems about time that paying to buy content should guarantee certain inalienable consumer rights, such as the right to make a back-up copy, to shift to a different media format, and the right to make compilations composed only of legitimately purchased content. In particular, those should be rights rather than exemptions, so that the media industries can't simply add DRM that makes it technically difficult for an average consumer to do these things (or to criminalise the behaviour under alternative laws such as the EUCD or DMCA as a back door).
Hopefully, the guy they've put in charge of this review has his head screwed on the right way, and a reasonable balance between the legitimate interests of the consumer and the legitimate interests of the copyright holder and content creators will be found. I'm a bit worried about some of the language, as no doubt mentioned by others in this discussion by the time I post this, but I'm far more interested in how the review actually goes than in any guesses based on government weasel words before they've even started.
If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
You see, the UK, and especially the US are starting to realise that they have way too much debt for all that stuff they bought on credit from overseas, in their housing markets, in their bond markets, and in their industries. In fact, in economic circles bankers talk about the fall of the dollar as if it was pre-destined (which it is).
The deal is that they have this wet dream that they are going to be able to export their "intellectual property" abroad, to make up for all these economic imbalances - and bring them unlimited growth and profit.
I think they are going to be in for a very very rude supprise.