Re: Napster destroys Western Civilization

On May 03, 2000, James Rogers <jetan[_at_]ionet.net> wrote:
>
> As some of you may have noticed, for a lawyer I take a somewhat
> nihilistic view of copyright, e.g., "blow it up". I realize that this
> will seem distasteful to some on the list, particularly to those whose
> bread and butter comes from protecting their client's IP interests.
>
> If you guys can forgive me for asking sort of an airy-fairy
> philosophical question, I'm a bit curious as to how you guys feel
> about the Napster and MP3 suits in the most _general_ sense. Clearly
> these are just the beginnings of an all out assault on copyright on
> the most basic, conceptual level. It also seems clear that none of
> us can readily conceive of all the tech fronts on which copyright
> will have to be defended.
>
> I am of the opinion that Napster represents a very clear violation
> of the copyright statute. But it also strikes me that the courts are
> going to come to this question rather late in the game. We all recall
> the videotape decision, in which the court virtually rewrote the
> statute in order to permit a widespread use in the face of existing
> copyright law.
>
> My position is (I think) that the court, soon or late, is going to
> have to adopt a new model for copyright, by which I mean a new economic
> model. Assuming that I am correct, what form can you conceive of this
> taking? I realize that in a way I am asking you folks to be science
> fiction writers and extrapolate larger effects from a technological
> development. But I would be interested in your opinions, and
> particularly interested if those who disagree strongly with my
> assumptions and prejudices give their best and worse case scenarios.
> By "best" I mean copyright succumbs to the assault, and good things
> happen, and by "worst" I mean that current copyright law is troubled
> but not substantilly altered by Napsterish criminal mischief, and that
> great economic harm is wrought by the transgressors.
>
> Doubtless most of you have already thought so far ahead on this
> (I'm not being facetious), that the question may strike you as both
> banal and pretentious. Nevertheless, I would be interested in your
> thoughts.

Check out the National Research Council's recent publication entitled "The Digital Dilemma" for some great thought-provoking analysis, as well as recommendations. For example: "Providing additional statutory limitations on copyright and/or additional statutory protection may be necessary over time to adapt copyright appropriately to the digital environment." (page 9)

http://books.nap.edu/html/digital_dilemma/

Sarah

Sarah E. Sully
<ssully[_at_]mofo.com>

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