BitTorrent Legit Service Launches

The launch of the BitTorrent Entertainment Network came out today; there's the AP write-up, which is decent enough but the interview with Bram about it is more interesting. Tangentially, the the education of lawmakers on video DRM is an interesting countweight to all this.

Comments

Re:There wasn't legitimate bittorrent before?

[JesseMcDonald]

...you seem toconveniently [sic] forget that intellectual property rights were included even before amendments were proposed.

Perhaps you stop and reread the Constitution before making such a sloppy argument. The Constitution allows Congress "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries". Note that Congress isn't required to enact copyrights and patents; it merely has the ability to do so under the Constitution, with a very specific purpose: promoting "the Progress of Science and useful Arts". Copyrights and patents, in other words, are an attempt at social engineering, one which Congress can enact or withdraw at its leisure. They are also transient ("for limited times") whereas real property rights are permanent, passing from one generation to the next until the property is finally consumed or abandoned by its owner -- even presuming such ever occurs.

In contract, regular property rights are barely mentioned in the Constitution, because they were already thoroughly established in the Common Law; real property rights formed a background so obvious to the Constitution's authors that they saw no need to make them explicit; copyrights and patents had to be mentioned precisely because they were not part of that background. Congress can revoke them on a whim because they exist purely by Congressional decree. There are some (badly worded and poorly interpreted) clauses which Congress can abuse to violate traditional property rights under very specific circumstances, but as such rights do not originate with Congress it would take more than a simple decree to eliminate them entirely. (It would probably take a major Constitutional amendment, a change in the very nature of the government itself.)