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New Content-Delivery Tech Should Be Presumed Illegal, Says Former Copyright Boss
TrueSatan writes "Reminiscent of buggy whip manufacturers taking legal action against auto makers, the former U.S. Register of Copyrights, Ralph Oman, has given an amicus brief in the Aereo case (PDF) stating that all new content-delivery technology should be presumed illegal unless and until it is approved by Congress. He adds that providers of new technology should be forced to apply to Congress to prove they don't upset existing business models."
How does Congress lack this authority? Congress has already banned particular technologies in the purported interest "to promote the progress of science and useful arts".
Wow, to preserve current business models all new thoughts should be reviewed..... yep, clearly representing the people,er, businesses on this one, innovative ideas need not apply, I try not to fan boi this much but imagine if iTunes online music sales had to clear congress first? I imagine those that lobby would have had a lot of fun with that one, clearing congress is a lot harder than convincing one label to sell online, this doesn't protect anyone other than those currently milking the masses..... Please, show this man the door, he has clearly lost his way.
Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
"Red flag locomotive act 1865" all over again?
So he wants to tie up technology development in the USA while the rest of the world leaps ahead? Sounds like a brilliant plan to me, seeing as I'm not in the USA. ;) I guess at least it stops patent wars if it's illegal to invent new technology. Sounds like another payday for the lawyers though. And whoever said "existing business models" are legally immune to future changes. Slave traders had an "existing business model" once upon a time. Lots of shop floors got automated. Business models change, technology advances, adapt and survive, or die like the dinosaur you aspire to be!
Can they prove that the CURRENT delivery models were approved by Congress? How many years are they liable for subverting the previous deliver models and business methods?
Humm, in my book, upsetting existing business models is the essence of capitalism. And that is a very good thing.
morcego
It's a commonly held opinion by a lot of people. They feel they have a right to other people's money. I can kind of understand the poor ramming their hands in my pockets but these rich fuckers are too much.
Just because it upsets a business model, does not make it bad for the economy or the citizens of the country. It makes it bad for those whose business models it upsets, but they also have the choice to change with the times or lose their money.
There are a few places where we desperately need some business models being upset, curtailed or destroyed for the benefit of the citzens: telecom carriers, cable carriers, IP holders in general and a few overgrown gorillas who have become oppressive. It's best that the government itself stays out of this as much as possible, or at least just acts as a facilitator (i.e. pork money thrown to enemies of these beasts).
An example of something that worked well: for a few years the government gave independent service providers cheap access to "the last mile" customers. Consumers got cheap, highly functioning, unlimited broadband, with excellent service and a selection of options that served our needs. For a few years our telecom system wasn't an embarrassment. Unfortunately, the government reversed itself, and those advantages have been slowly sucked away, or "unlimited" redefined to mean something that doesn't mean unlimited, virtually no competition and basically a selection of the same shitty service served the same way. I can't argue that what the government did isn't a little scary and vaguely communist, but it absolutely was positive change while it lasted.
If the same scenarios can be created without government involvement (i.e. a new, natural competitor that disrupts the status quo), we have the actual ideal of a capitalist economy that works. Unfortunately IP law being what it is, does not allow competition by definition. The purpose of the law makes sense, but the government needs to spend less time and energy policing it. Basically if you are a pirate, you could go to jail if the government chases you. But the government won't be funded to chase all but the worst offenders. The way to regulate this is market based pricing: as long as media companies can get away with charging us $20 for what costs $1 in China, we are overpolicing our IP. As long as region locks exists, we are overpolicing our IP.
I doubt he would get laughed out of court. Because not only would he argue article 1, he would argue 9th amendment as in it limits the copyright clause and the interstate commerce clause and that because the DMCA authorizes the library of congress to designate what technology can be circumvented but creates a situation where it cannot legally be circumvented by the lay person.
He would also have to argue that the WPPT and WTC WIPO treaties as ratified are unconstitutional too seeing how the DMCA is a product to comply with them. But if the anti-circumvention clauses of the DMCA is granted then the supremacy clause would also kick in because regardless the content of a treaty, it has to be made pursuant to and in line with the constitution.
Either way, those are some legitimate questions that would need to be answered if brought up. Laughing wouldn't really be on the table. On the other hand, he would have to show cause in order to get the case heard which is highly unlikely to happen without being in jeopardy of the punishment of the laws. It would cost lots of money.
One way to take the wind out of the copyright's sails would be to have the IRS collect a periodic token "intellectual property tax" on subsisting copyrights in works published more than 50 years ago. Under this Eldred tax scheme, copyright could not be enforced on works in arrears.