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Jonathan Zittrain On The Spiderweb of Copyright Law 194

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.
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Jonathan Zittrain On The Spiderweb of Copyright Law

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  • by FunWithHeadlines ( 644929 ) on Sunday August 03, 2003 @01:34PM (#6600633) Homepage
    "The notion of "contributory" copyright infringement--aiding and abetting copycats--was devised by judges. In conjunction with a statutory limit on creating "derivative" works of a copyrighted original, a theory of contributory infringement led a couple of courts to outlaw the production by third parties of cassette programs designed to be inserted into the belly of Teddy Ruxpin talking stuffed animals. The idea was that by pushing "Play" when a non-Teddy Ruxpin story tape was inside the creature, children would be creating a derivative, contraband "audiovisual work comprising animated plush toy bear with unique voice." Since toddlers are largely unsusceptible to cease-and-desist letters, it fell to the cassette makers to stop abetting the kids' illegal behavior. "

    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...

    • by macdaddy357 ( 582412 ) <macdaddy357@hotmail.com> on Sunday August 03, 2003 @04:02PM (#6601326)
      Oh yes! Teddy Ruxpin. That was a great toy. You could put Never Mind the Bollocks, Here's the Sex Pistols into your little brother's bear, and make Teddy sing Anarchy In the UK ... "I am an anti-christ, and I am an anarchist! Don't know what I want, but I know how to get it. I wanna destroy!"

      The little tyke would run screaming, "Mom! Mom! Teddy Ruxin's posessed!"

  • Gasp! (Score:5, Insightful)

    by James A. A. Joyce ( 681634 ) on Sunday August 03, 2003 @01:36PM (#6600641) Journal
    Laws that people don't understand are disliked by them? Surely some mistake!

    What does the government expect? Copyright laws have not been properly developed and then updated independently of the interests of those with influence (read: money) but have instead been accumulated over time by gradual accretion. Is it really any surprise then that they parallel other equally confusing works such as James Joyce's Ulysses, developed in an identical way. Copyright law started out as making some sense for the purpose of protecting an artist's rights while allowing public domain material to say public domain. Now they continuously tinker with it. Rich organisations constantly press for nonsensical and exact new stipulations, and because people try to exploit every loophole at every opportunity because of this they have to introduce even more arbitrary limits:


    "For example, bars and restaurants that measure no more than 3,750 square feet (not including the parking lot, as long as the parking lot is used exclusively for parking purposes) can contain no more than four TVs (of no more than 55 inches diagonally) for their patrons to watch, as long as there is only one TV per room."


    What bullshit! The thing that makes this even worse is that this isn't unusual: it's just a microcosm of law these days: a series of idiotic and numerically precise restrictions with no justification suffering from excessive detail with every little fucking detail having to be dictated due to the foolhardy allowance given for defence lawyers in exploiting any undefined part of each law.
    • Re:Gasp! (Score:2, Insightful)

      by wol ( 10606 )
      I agree with your description of the idiotic and numercially precision regulations with no justification. And they are generally dictated by the plaintiff's bar. But even if the defendent meets those requirements, he/she/it will still be sued and some jury will award money to someone who was 98% responsible for the accident in the first place.
  • by Thinkit3 ( 671998 ) * on Sunday August 03, 2003 @01:36PM (#6600644)
    Remember, copyright law is given in the constitution. So much like slavery (a similarly bad system), a constitutional amendment will have to occur to rid of us this scourge.
    • by wol ( 10606 ) on Sunday August 03, 2003 @01:45PM (#6600674)
      Copyright law is in the US Constitution, but the ridiculous stuff is in the law (passed by Congress) and the regulations (enacted by 'mere' regulators.) You don't need a constitutional amendment, you need intelligent government. ... sorry ... worldwide shortage of that.
    • by uncoveror ( 570620 ) on Sunday August 03, 2003 @02:28PM (#6600854) Homepage
      "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". This is all that is in the constitution. The first copyright law based on this had a term of 14 years, and was renewable once if the author or artist still was alive, and still had something commercially viable, but they had to apply for renewal, it was not automatic.

      That original law was perfectly adequate to encourage authors and artists to keep creating. It was always done for the benefit of society as a whole, not a few greedy profiteers. 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. There is similar language in the laws of many other countries. Copyright extentions have totally ruined the purpose of copyright to the point that just undoing them may not fix it any more. 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!

      • 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.

        Thank you. This is the best summary of the entire issue I've red thus far, and reflects my feelings exactly. I can't imagine a more offensive concept than "intellectual property" and can't imagine anyone who is not of the most base bourgeois sensibility feeling any differently.
      • Also nonsense (Score:4, Interesting)

        by werdna ( 39029 ) on Sunday August 03, 2003 @07:04PM (#6602084) Journal
        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.
    • Remember, copyright law is given in the constitution.

      Nope. All the constitution says is that congress MAY create copyright law, and only for a specific purpose, and only for limited duration. Repealing the entirety of copyright law would be perfectly constitutional. All it would take would be one act of congress.

      Copyright law can be a good thing within those narrow limits. But copyright law has grown like a cancer beyond its original intent. There is no inherent right to to get copyright protection. Int
      • Copyright law was intended to be covered by civil law, not criminal law.

        Very important. If being treated as part of criminal law, copyright is a carte blanche for the industry to write their own criminal law statutes, without a need to ask any parliament.

        And that's really a big step away from democracy.

    • Remember, copyright law is given in the constitution. So much like slavery (a similarly bad system), a constitutional amendment will have to occur to rid of us this scourge.

      Actually not. Copyright law is merely an option given to Congress, which Congress doesn't have to exercise. Congress could end copyright law with one bill.
    • Article I, Section 8 of the Constitution is simply an enumeration of some of the powers granted to the Legislative Branch. In other words, it simply is a grant to the Congress of the power to pass a Copyright Act -- it does not require one. This is a point long-settled by the Supreme Court -- there is no right of an author, under the Constitution or otherwise, to any exclusive rights in Copyright, unless and until the Congress says so.
  • new Study (Score:2, Funny)

    by Anonymous Coward
    A new study released by the Gartner Group has revealed that articles about spiderweb copyright laws are slightly more enjoyable than punching yourself repeatedly in the balls. However, the self testes pugilist society has issued a rebuttal. "nad punching is still a growing activity" said one source. "and it appeals to all age groups".
  • Isn't academia obsessed with credit for ideas? When is the last time a paper was published anonymously? Ideas exist outside of time. This should work against both copyright/patent and academia's obsession with "plaigarism" and keeping track of credit.
    • by wol ( 10606 ) on Sunday August 03, 2003 @01:47PM (#6600683)
      Credit for ideas, yes. Laws that are microscopic in detail and miss the actual target are hated.
    • Plagiarism (which is frowned upon in academia) is very different from copyright infringement.

      Plagiarism is copying work from others and publishing it als your own (i.e. pretend it is entirely your own work). It is like renaming a metallica mp3 as Sardonis\'_Hefty_Metal_Band-Roll_Now.mp3 (or whatever) and pretending I wrote the music/text and did the performance, recording, mixing, etc.

      Copyright infringers copy a work without permission, but usually give lots of credit. Someone sharing mp3's from metallica is usually quite upfront about the fact that they are made by metallica.

    • If you remove an author's right to control the reproduction and use of his works and ideas then the "medium of exchange" naturally reduces to credit for authorship.

      Credit isn't a form of control, it's merely a from of aknowledgement or what you have contributed to the

      KFG
    • Heh--Professors don't make any money, so there's not much irony there. While acadamia demands 'credit' in the form of citation, they are, as a basic element of the viral nature of ideas, opposed to charging money for it. You absolutely positively want every last researcher on the planet to use and cite your ideas. That's acadamia for acadamia's sake.

      Conversely, corporatization of ideas are the element that copyright law has a problem with, (often precisely because those ideas are now controlled by th

    • Speaking of plagarism. I've been in academia for a bit and while I am not obsessed with plagarism I do respect the notion of giving credit when credit is due.

      I think Slashdot should have a plagarism option for moderation. I am sure it happens on Slashdot occassionaly.

      What got me thinking about this was the following two post s in the recent "Microsoft to do for Usenet what it did for Email & The Web?" discussion.

      once again, google leads the way (Score:5, Interesting)
      jd142 (129673) on Sunday Augus
    • Plaigarism is different from violating copyright. Even though Shakespeare and Beethoven's works are in the public domain, and you are free to copy and distribute them, you still can't legally claim that you wrote Hamlet or composed any of Beethoven's symphonies.
  • by __aagmrb7289 ( 652113 ) on Sunday August 03, 2003 @01:44PM (#6600667) Journal
    Seems like most early posters didn't really read the article. Okay, a summation:

    1. Copyright law was never meant to apply to the individual
    2. It does now
    3. It is way too specific in some areas, but not specific enough in others.
    4. It often stifles creativity, but when used correctly, it encourages it.
    5. Copyright law is NOT BAD, just our implementation of it.

    so... conclusion:

    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.

    I like it...

    By the way... read the damn article before posting. /. ain't for the ignorant, so stop letting yourself be excluded (aka ignored)!
    • by silas_moeckel ( 234313 ) <silas@@@dsminc-corp...com> on Sunday August 03, 2003 @02:01PM (#6600748) Homepage
      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.
      • My question is, how are you going to apply such a tax? Is it *assumed* that a certain percentage of my income would have gone to buy what it covers, if I hadn't pirated it? what about people who use NONE of what's covered -- will they have a recourse? (Kinda like fighting the TV fee in Britain.)

    • but when used correctly, it encourages it.
      He never actually says this, the closest he gets is that he believes in a moral obligation to recompensate artists.
    • by DesScorp ( 410532 ) on Sunday August 03, 2003 @02:09PM (#6600775) Journal
      " 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.

      • And this pressure should not include copyright violations. That destroys any moral credibility we may have.

        Yeah, violating an unjust law never gets you anywhere. Just look at the various minority rights movements. If Susan B Anthony would have voted in that election, well that would have destroyed all her credibility, and nothing would have changed. Or that Rosa Parks chick. She knew her place.

        In summary, we need to bend over and take it in the ass, it's the only way we will ever win!
      • -ISP's and their users would complain that it's a "tax", and would fight it to the end.

        I didn't see everyone fighting tooth and nail against the "tax" on recordable media. I don't think the public has enough awareness of the situation to mount any sort of defense against such a tax. That said, I think you're correct about the opposition we'd see from the Recording Industry. Reducing the terms to something sensible is really the only way to go. 20 years I could live with, but not much beyond that or i

        • I didn't see everyone fighting tooth and nail against the "tax" on recordable media
          The one where I have to pay attention and buy CDs labeled "Data" instead of "Music"? Wow, that really takes a lot of fighting...
          • Yes, you can get around it easily, but you'd think the very idea of having to pay a sort of pre-emptive tax based on the assumption that they are going to commit copyright infringement would piss people off. Especially when it remains a crime to do so even if they've paid the tax.

      • ... start writing and registering so many pointless little programs, to get your tax money, that artists and programmers will never eat again.

        They won't be able to sell their work, because people will point to the "tax", and refuse to pay -- even though it's good.

        Or if I don't break the system, somebody will. That system is so messed up that it could not fly.

        The solution is not to standardize what is broken; the solution is to get rid of broken IP laws (to use the offensive term).

        Copyright: Broken. V
    • 1. Copyright law was never meant to apply to the individual

      Exactly.

      2. It does now

      See number 1: Copyright law was never meant to apply to the individual. (As long as we don't try to sell it.)The entire problem lies in trying to apply copyright law were it was never intened to apply. It is generally easy to identify anyone who commercially exploits a work. It is extremely effective to sue anyone who commercially exploits a work. Traditional copyright law is easy and effective at doing the job it was int
  • by groove10 ( 266295 ) on Sunday August 03, 2003 @01:45PM (#6600675) Homepage
    There are too many wealthy vested interests in copyright law that change at this stage is nearly impossible. The interconnectedness of laws and elections and corporations make the changing of the law to include more logic and coherancy is impossible.

    The lawyers don't want change even though they see the problems everyday since it will keep more cases out of court and decrease their job opportunities.

    The monied corps don't want to change them because the ambiguity helps their cases as they can just throw money at lawyers and the courts in order to win their cases.

    The politicians don't want to change them because they are paid well for opposing such changes.

    Therefore, the only people who want them changed are people like you and me... The ones who are informed and see the problem. The only thing is that we are a small minority of the voting public.
    • So start a letter writing compaign, call your Congressperson, do something instead of justing whining on Slashdot. The only way to overcome big money lobbying activity is to get the politicians to realize that a large amount of voters are unhappy. Remember, corporations can only contribute money, they can't vote. And it is the deliver of votes (or threat of delivery of votes) that is the only score that counts.

    • The lawyers don't want change even though they see the problems everyday since it will keep more cases out of court and decrease their job opportunities.

      I disagree. Lawyers actually tend to argue for or against copyright on policy arguments. Some lawyers think that copyright can be a good thing if it meets certain criteria. Others feel it's like a property right and ought to be inherent.

      But I've never heard of any lawyer arguing for copyrights just so that they can stay in work.
  • by maharg ( 182366 ) on Sunday August 03, 2003 @01:49PM (#6600687) Homepage Journal
    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 ?
    • by wfberg ( 24378 ) on Sunday August 03, 2003 @02:27PM (#6600853)
      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 ?

      Has been done. A company called scour.com used to use SMB. It got sued by the MPAA and RIAA and NMPA and subsequently went bankrupt.
    • What could the RIAA do about it? A lot since you are specifically sharing copyrighted material, and if you make the material available to a guest account so that anyone can see it, there's no real distinction between doing that and doing Kazaalite.

      If you want to do something like that, there's a better way.

      Set up an ftp server or some other share. Leave one directory visible to anonymous. Encrypt the username and password as part of that directory. For example, ftp://my.warez.net/idrt-qsdd

      Would mean
  • I've never had any trouble seeing how "traditional" copyright law could and should be applied to modern technology.

    IANAL, but why is everyone else having so much trouble seeing this? I suggest this is only because they've created this holy war and want to change copyright law to suit their battle tactics.

    The courts should know better and be able to act as a stablizing force, but they're not technologists so they can't be sure there shouldn't be a difference. Judgement: the courts need to continue to tr
    • by gilroy ( 155262 ) on Sunday August 03, 2003 @02:47PM (#6600953) Homepage Journal
      Blockquoth the poster:

      I've never had any trouble seeing how "traditional" copyright law could and should be applied to modern technology.

      Oh, really? Well, you're an infringer. You see, you've made a copy of the slashdot article and probably of the main article, too. You didn't get the explicit permission of the copyright holder, either. And maybe you've covered your dirty little crime by clearing your browser's cache, but the fact remains: To have read the article at all, you had to willfully cause to be created a copy of that article.


      Ludicrous? Sure. Implicit in the whole idea of how the Net and the Web work? Certainly. In contradiction of "traditional" copyright? Without a doubt.


      And before you unload on me, consider that (a) Congress had to add language providing for "emphemeral" copies and (b) the Copyright Cartel fought tooth-and-nail to stop such language from being added.

  • Lets See (Score:5, Insightful)

    by Crashmarik ( 635988 ) on Sunday August 03, 2003 @02:14PM (#6600797)
    You have 4 ways to protect essentially the same thing.

    Copyright
    Trademark
    Patent
    Trade Secret

    The rules governing them overlap, contradict and in the case of patent are usually poorly applied(prior art).

    Toss in 200 years of technological progress that have reduced difficult or impossible tasks to completely trivial tasks. (Publishing books, reproducing music, etc)

    Add in the fact that the laws were originally designed to deal with works that were matters of entertainment or education now deal with pedestrian business tools. (Theres not many businesses that will stop because a copyrighted book is unavailable. Theres quite a few that will stop if the copy protection on their software goes bezerk).

    My point is it took a Harvard Law prof. to figure out the system is broke ? The only people its not broke for are the I.P. lawyers and for them its a license to extort money.
    • Re:Lets See (Score:2, Informative)

      Not really. Trade secrets and patents are mutually exclusive. And trade secrets can protect things that no patent could ever be granted for. Copyrights and patents are also mutually exclusive. And trademarks cannot be trade secrets or copyrighted, and it would be quite a stretch to try for even a design patent on a trademark.

      Really they're all quite different types of protection, with different origins, and the policies behind them are different as well. That's why it's so silly to lump them together as IP
    • Trade Secret

      Actually, "Trade Secrets" have no formal legal status. The only way they're protected is if someone breaches a contract that says they can't reveal them. The concept that they were protected got started with the DeCSS case, where the MPAA claimed that DeCSS was illegal because CSS had "trade secret" protections, and so could not be legally re-implemented.

      The only people its not broke for are the I.P. lawyers and for them its a license to extort money.

      Especially since its practically im

  • student copyright (Score:5, Interesting)

    by jefu ( 53450 ) on Sunday August 03, 2003 @02:17PM (#6600807) Homepage Journal
    One of the author's comments is that the British patent office recommends that schoolchildren copyright (and mark as copyright) their essays.

    This raises an interesting question. turnitin [turnitin.com] 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.

    • Interesting Point (Score:4, Insightful)

      by nuggz ( 69912 ) on Sunday August 03, 2003 @02:32PM (#6600875) Homepage
      Good question I had wondered, so I looked.
      From their site.

      http://www.turnitin.com/static/legal_document.ht ml #archiving

      Commercial use of a work may still be "fair use" under U.S. Copyright Law ... the use does not "materially impair the marketability of the work which is copied."

      That superficially solid, however by using it to detect plagurism decreases the marketability of the work.
      One of the stated purposeses of turnitin.com is to destroy the business of "paper mills" or "digital paper mills". As such these actions likely do decrease the marketability of the work either directly or indirectly.

      Plagarism at school is NOT a crime AFAIK.
      Copyright infringement IS a crime. Copying works to impair the marketability of the work by the copyright holder is most certainly illegal, and morally wrong.

      • They've updated their legal page quite a bit since I first looked at it (a couple years ago) and the information is much more complete. However, in several places it looks to me like they may be trying to make the law just by saying it is the law. I'm not in favor of students copying papers - though I do believe a fair amount of that problem is due to the laziness of the instructors - many of whom give the same assignments year after year after year. Still, turnitin feels more than a bit distasteful to m
      • destroy the business of "paper mills" or "digital paper mills". As such these actions likely do decrease the marketability of the work either directly or indirectly. As such these actions likely do decrease the marketability of the work either directly or indirectly.

        LOL! What a beautifully twisted analysis :) Destroying the market for selling the paper to cheaters! You win a cookie for that one!

        -
        • by nuggz ( 69912 )
          Yes I think I do deserve a cookie.

          It isn't a twisted analysis.

          Group A provides a service, Group B wishes to provide another service. Group B must violate the copyright of Group A to do so.

          Either Group B should not be permitted to do this, or they should do so in a way that does not infringe on the IP of Group A.
    • Hmmmm (Score:3, Interesting)

      by jefu ( 53450 )
      I just spent some time browsing google for information on plagiarism and copy detection and ran into a very interesting point. If you were to post your essay on the web, its likely to be found as a plagiarized source. So, put your essay on the web, pass it in to turnitin, get zapped, then show the instructor that it was your web copy that was cited as the source material and watch the fun.

      Best to have a good grade going in. Be ready to drop the course and avoid the instructor in the future.

      OK, so I

      • Something up with which they will not put.)

        And for *gasp* misquoting without even providing a proper attribution! Plagiarism for sure! ;)

  • THEN CAME FILE SWAPPING ON THE NET and the all-purpose computers attached to it. With the right software, individuals could copy digital content perfectly, quickly, and cheaply--and the presence of a (C) symbol did little to deter them from doing so.

    In theory, of course, Title 17 applies to everyone. Even the Sony case of 1984 included a token individual defendant, a VCR owner who was the alleged direct infringer. But no one demanded that he pay damages or change his behavior. More recently the Recording
    • The recording industry is not going to sue the tens of thousands of Americans who engage in these practices. But it hopes to make an example of a few users to add teeth to the infringement warnings that file-swapping services send to their customers--and to pressure those services to pressure their customers to stop copying files.

      hmm isnt that extortion? m-w [m-w.com]
  • by TLouden ( 677335 ) on Sunday August 03, 2003 @02:32PM (#6600874)
    Some (maybe all) people have to pay a small fee every time the get their cable bill which claims to be a 'copyright infringement' fee. The idea here is that some people will copy/record what they watch and therefore the producers of that material must be paid for this infringement. So this assumes that everyone that has cable is breaking the law and so they must pay. So does this mean that if I'm already guilty of the crime I might as well do it, what about innocence before guilt? Does this seam backwards to anyone else?
  • That is a pretty great summary of what's wrong with copyright laws as they currently stand. If you know anyone that just doesn't understand the issue, I'd point them to this article.
  • by grantsellis ( 537978 ) on Sunday August 03, 2003 @03:55PM (#6601305) Homepage
    Judging from the preveilance of "Let's tear up copyright law and start over" posts, copyright law is not popular here (duh).

    The kneejerk reaction, however, ignores the fact that copyright law has evolved because of specific problems and exists in its current form because that is what producers believe they require to turn a profit.

    Zittrain touches on this patchwork evolution of copyright with a comarison to tax law:
    a product of diverse interests shaped from the bottom up than as an elegant set of rules crafted by legal artisans to align with high-level principles.
    The original provisions for copyright law have been frequently quoted, because back when they were written they were deemed sufficient to get people to produce content. However, each time the producers (at first authors/composers and later corporations) felt they got screwed they lobbied for an extension.

    Examples of this problem / solution approach to law explain many of the changes. For instance, authors in the 1800s frequently were destitute in their later years because their works went out of copyright. Nothing like Sir Walter Scott as your poster boy to get sympathy.

    And what about those geniuses who die young before their works become popular (e.g. Stephen Crane). Their heirs were *really* pleased. Can anyone say life plus 50?
    Skip to a modern example from the article: look at the rediculous 55 inch TV rule. That's the result of bars competing with cinemaplexes without having to pay royalties for what they showed on huge screens. The resulting (stupid) rule gives a maximum size for a TV screen that does not qualify as competiting with the movies.

    Bear in mind each badly written novel generally takes at least a year to write and then several months for a team of people to edit, and each dirivitive pop CD takes about 6 months to write plus several months for a team of people to produce, and we all know about the effort put into each lousy movie. People (and corporations) don't want to see that effort go down the drain, and with profit margins being low in the various content creation industry, they'll fight like dogs for even more draconian rules unless they can be convinced relaxing the rules will help them.

    The publishing ogliarchy exists, ironically enough, because people don't like to waste their time listening to garbage. The industry offers people certain (minimal) guarantees, so most people listen to them. That, not money, is what gives them their clout. If we rewrote the law, lawmakers would listen to them out of the because they don't want to kill the goose that lays the golden eggs. Thus, without addressing producer's concerns, we'd have to write *more* draconian laws

    I'd say salvation would come from addressing these concerns more then viva la revolucion style burning of the old laws. For instance, listening to my brother's downloaded music has pushed me towards buying CDs I wouldn't otherwise have known about. That is something content producers need to know before we get rational copyright law: Sharing can help them.

    Of course, since I'm writting this on a Mac, I have to add that salvation will come from the Apple Music store, just to gloat.

    IANAL, just an english major with an emphasis in publishing.
    • authors in the 1800s frequently were destitute in their later years because their works went out of copyright.

      Wah. Really. If a janitor or a teacher or a computer programmer, or 99% of people retire, they don't continue to get paid for the work they have done. Why should that 1% be any different? Why should children get paid for the work of their parents?
      • Excellent point. The construction workers who built the place you live in won't continue to get paid for it as you live in the house for the next 50 years, even if they become destitute. What is so special about people who create almost completely NON-ESSENTIAL goods like novels and music that they should continue to get paid for life while the producers of life-saving goods like food, houses and cars don't?
    • "And what about those geniuses who die young before their works become popular (e.g. Stephen Crane). Their heirs were *really* pleased. Can anyone say life plus 50?"

      Heirs are not generally entitled to benefit from their ancestors' work. They may receive an inheritance from the ancestors' estate, but that depends on how the will was drawn up and what assets were left behind by the ancestor. In the case of an ancestors' premature death (esp. if the ancestor is a parent), there is this thing called life insur
  • by kaltkalt ( 620110 ) on Sunday August 03, 2003 @03:58PM (#6601316)
    Zittrain proves to be yet another intelligent person who can't see past the "we must have copyright or there will be no creativity" fallacy. It's really a shame. Yes, even the founding fathers fucked up on that one, although they at least limited it to 14+14 years, which was acceptable. Had they really had foresight, they would have stuck "Congress shall make no law establishing a monopoly - temporary or permanent - on any creation, artistic or technical" in the First Amendment. Yes, no patents, no copyrights. People will still get off their asses and make stuff. We did it before the advent of intellectual "property" monopolies and we'd still do it once those monopolies are abolished. Bottom line: get rid of copyright (yes, all of it, erase Title 17) and people will still paint pictures, record music, make movies, books, television shows, and software. In fact, since the size of the public domain will increase a million-fold overnight, there will be a lot more to use in order to create such things. And jack valenti should be left asking "do you want fries with that?"
    • The Founding Fathers (Score:3, Informative)

      by Peaker ( 72084 )
      The Founding Fathers did not just come up with copyright as a "great idea" to increase innovation. They did so as a solution to some common problems of those days.

      The first problem was publishing of books. Few could afford to distribute information (publishers), and it was not worthwhile to publish a book, if all the competing publishers could just sell the same book as well.
      This is the well known problem, and not really relevant these days - when distribution of information is a non-issue.

      Another probl
      • While reading the article, I had a thought along similar lines: what if there were no patents, but only trade secrets? Leaving aside the issue of corporate espionage and relevant security (both of which would doubtless escalate beyond measure) what would the effects be? Let's assume, for the sake of discussion, that NDAs are worthless, being used only to weasel one's way into confidence for the purpose of stealing trade secrets.

        So, how do you think such a system would affect the world?

    • Zittrain proves to be yet another intelligent person who can't see past the "we must have copyright or there will be no creativity" fallacy.

      Interestingly enough, it's not people like Zittrain that think this -- it's people like Jack Valenti and others who believe we need stronger copyright protection who believe this.

      People like Zittrain -- i.e., IP scholars -- believe that IP laws are here not to incentivize creativity, but to incentivize the *maximum amount of creativity versus the costs.* Everyone kn
      • by Sydney Weidman ( 187981 ) on Monday August 04, 2003 @01:47AM (#6603859) Homepage
        Everyone knows that "people will still get off their asses and make stuff" even if we don't have IP protection; ... The real question is whether we can have *more* people get off their asses and make stuff if we provide IP protection.
        The quantity of output does nothing to address the real need to which resources should be put. If you artificially force capital to move into certain areas, it will go there, but then that's no surprise, is it? The more important question is this: Will you get the results you need? A cure for cancer? What drug company has any incentive to create a *cure* for cancer. Isn't it a much better business model to just treat the symptoms? What you really want is a way to encourage the right kind of output, the needed output, not just blindly throw favours at some particular sector of the economy.

        There once existed a means to achieve needed intellectual goods, namely the University, but that institution is now a mere handmaiden to market interests. Of course, with the creative output of academia now hobbled by "market relevance" and special interest lobbies, no engine of intellectual freedom is left. So of course, public policy has to shift toward strengthened intellectual property law. Hence as universities weaken and academic freedom erodes, there is a corresponding rise in the breadth and venom of intellectual property protection.

        To cite one example, Richard Stallman created the Free Software Foundation as a reaction to the commercialization of academic research. Perhaps there would be no Free Software movement at all if our universities were as strong and free as they ought to be. Nor, of course would there be the current boundless monopolies in intellectual property that have moved in to fill the void left by the death of academia. The university has let its proper role in society be usurped by charlatans.

        • The more important question is this: Will you get the results you need? . . . What you really want is a way to encourage the right kind of output, the needed output, not just blindly throw favours at some particular sector of the economy.

          This is a perfectly valid question, but it's not one that has an easy answer. Your example of a cure for cancer is fine, but the question of "need" is much subtler. Who is to say what is "needed"? For drugs, it's somewhat easier -- of course we'd rather have a cure for
          • I'm not willing pass judgment on what is "needed" and what's not, and I'm not willing to let anyone else decide it.


            You've lost the game in that case. The Good and the Right are everything when deciding how laws should or should not be made. People in positions of authority and power are *required* to make such decisions many times a day. By *not* being willing to decide such things you have already let someone else make the decision.

            • You've lost the game in that case. The Good and the Right are everything when deciding how laws should or should not be made. People in positions of authority and power are *required* to make such decisions many times a day. By *not* being willing to decide such things you have already let someone else make the decision.

              When it comes to intellectual, expressive creations, THERE IS NO GOOD AND RIGHT. Over my dead body will people in positions of authority and power decide what's good and right music, what
          • But what about, say, music? What kind of music do we "need"?

            We don't *need* a certain kind of music. We need music PERIOD. As long as there's some kind of music, the need is satisfied. When you're sick you need a certian type of treatment, but that's not the case for music. That's why it ought not to be protected by copyright at all.

            Music is much healthier when the creators are closer to the consumers, when the consumers are participants, as in a live performance. Music is healthier when it can be freel

            • We don't *need* a certain kind of music. We need music PERIOD. As long as there's some kind of music, the need is satisfied. When you're sick you need a certian type of treatment, but that's not the case for music. That's why it ought not to be protected by copyright at all.

              We already have music. We would have music without IP law. My point is that it's always better to have MORE music. If there is a certain amount of additional music that may be produced because of IP protection, then that's great. I
          • It's certainly not the job of lawmakers to fashion laws that would reduce the production of Britneys and increase the production of indie bands. Their job is to increase the production of music.

            It is *not* the job of a lawmaker to increase the production of music. That's not even the job of record executives. It's nobody's job, and that's the way it ought to be. Even the poppiest of pop stars doesn't see it as their responsibility to increase the production of music. They do what they think is good and wh

    • by Sydney Weidman ( 187981 ) on Monday August 04, 2003 @02:08AM (#6603922) Homepage
      I agree that it needs to be completely wiped out, but for a slightly different reason.

      The "information owners" lobby is too powerful for incremental change to work in favour of public interest or good. Since the members of that group also control the public dialogue on such matters via their distribution channels, it becomes doubly difficult to press back gently.

      Moreover, current IP is a blunt instrument that lends itself to abuse because it deals with overly broad classes of material, with no provision for measuring merit. There's lots of noise generated, but not much signal.

      Is that really the best we can do? Who knows? No one is proposing alternatives because the airwaves are choked with received opinion and regurgitated pap courtesy of the knowguls (ya know, like moguls).

  • by chro ( 324578 )
    If you want to trade music freely,
    trade free music, protected by a free
    license.

    That's all..

    All you complaining about not being able to share
    commercial documents, don't understand the value
    of work and the rules of business.

    NOW what you could do is to build campaign against
    the buying of commercial art. With competiting free art.

    This is the only reasonable path. The one adopted by the people of the free software.
    You can adopt it too and design free art,
    that can be freely shared.

    Now stop whining and act: b
  • good points.. (Score:2, Interesting)

    by Anonymous Coward
    "In the absence of tough copyright controls, investors may decide not to underwrite a $200 million blockbuster film because copying of the final product may unduly reduce their expected profit. But the cost of making no change at all must also be soberly assessed because the Internet offers such a staggering potential for the rapid transformation and evolution of ideas-a veritable Jazz Age of creation enabled by technology. "

    indeed. Copyright was created to encourage innovation, fair enough..
    Sadly, a great
    • (1) take warm turd from toilet.

      (2) Put warm turd on hard surface (like plate)

      (3) Put turd in walk-in freezer

      (4) Get cloth and shoe polish

      (5) Put cloth in freezer

      (6) When frozen, take cloth out, apply a small amount of shoe polish to cloth. Blacken. Repeat step 6 until turd is completely covered with shoe polish.

      (7) Explain to restaurant manager and Dept. of Health official the philosophical implications of your experiment, and the importance that it will have for PHBs all over the business world.

      (8
  • by Nom du Keyboard ( 633989 ) on Sunday August 03, 2003 @06:04PM (#6601824)
    What should be illegal is extending existing copyrights after they are issued. The copyright term in effect at the time of creation has served its purpose by the very fact that the work was created. While copyright terms might be reduced in the future, no copyright term should be allowed to be extended -- ever!

    This way Americans might feel the copyright system is more fair than many obviously feel it is now.

  • by rworne ( 538610 ) on Sunday August 03, 2003 @06:12PM (#6601852) Homepage
    At this website [playitcybersafe.com] They have shockwave games for the kids to play!

    Help the weasel (how ironic!) protect the city from pirates and pirated software and prevent the deep freeze!

    The funniest point is that there is no goal to the game at all, you keep going until you lose. So you do your best to protect the city from pirated software and software pirates, but eventually, you will lose and the pirates take over.

    How true! To bad the BSA can't take their own advice!
    • That's a ferret, not a weasel.
      • Surprise!

        Ferrets are members of the weasel family:

        The family Mustelidae has been around for a very long time; it is probably the oldest extant (living) family in the Carnivora, which means there are lots of different subgroups within the major group. Weasels include weasels, mink, ferrets and polecats; martens include martens and fishers; skunks include all types of skunks; badgers include badgers and wolverine; and otters include sea and river otters. Sometimes martens are grouped within the badgers, us
  • by MacWiz ( 665750 ) <[moc.liamg] [ta] [45nameizg]> on Monday August 04, 2003 @04:19AM (#6604228) Journal
    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.

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