Re: Napster destroys Western Civilization

On 5/4/2000, Carl Hartmann <carlhartmann[_at_]icnt.net> wrote:
>
> There is a rich history in this country of clear violation of laws
> that are both "the law" and "good law". Such cases as Koramatsu
> and the Japanese internment decisions of the State of California
> serve as an example. They are either based in the view that if
> everyone is for something it must be right (repeal of Prohibition)
> or even though you know its wrong so many of us want it that we'll
> force the lawyers/courts/ legislatures to do it (Plessy and the
> 'separate but equal doctrine).
>
> So the question is this... is this a bad law or is it a reaction
> of a spoiled populace that wants something so badly that
> they'll do anything they can to get it -- and damn the law and
> what is right.
>
> Does anyone seriously doubt which this is?

   Well, I hope that I'm not arguing for a "tyranny of the majority" scenario. But even as the barriers to widespread infringments fall for the mass public, it may be that the marginal costs of enforcement are rising for the IP owners. It is all very well for us to mumble about "the law" and "what is right", but if we can't obtain more-or-less voluntary compliance with the law, and if we lack the means to effectively enforce compliance, then our efforts go into the wastebin of empty intellectual efforts, like Aristotle's catagory of "animals which exist in fire". The legislature has made it pretty clear that they will serve their friends by enacting a menu of, in my opinion, fairly draconian measures. But I am beginning to supect that, as Gorbachev said of the last Soviet _putsch_, "even this they could not do". Since Napster supposedly has about 6 million users already, and rising, it may be that there is little deterrent value in the current slate of laws. I would guess that the next move will be a small sample of well-publicized terror suits (how about joint and several liability for Napster members?), and perhaps criminal prosecutions, against individual users.

                                James

James Rogers
<jetan[_at_]ionet.net> Received on Fri May 05 2000 - 12:01:47 GMT