Re: Napster destroys Western Civilization

On Thu, May 04, 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".
>
> {snip}
> 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).

     Indeed. I would also add that there is a history of writing bad law with good intentions (as well as bad law with bad intentions).

> 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.

     There are certainly a lot of people who are confusing "ease of copying" with "legitimacy of copying" -- an understandable, if unacceptable, confusion given the reliance there used to be on the physical difficulties of infringing to prevent infringing. There are also a lot of content-owners who assume that because the law gives them a very lengthy monopoly on the reproductions of their work that such a long monopoly is justified. In my opinion there is "spoiled populace" on both sides of the debate -- populace who see themselves as meaning well but whose goals do not always serve society well.

> Does anyone seriously doubt which this is?

     Nope. The question is how to deal constructively with the changes that digital technology brings to how society benefits from copyright. And that entails listening carefully to the views and interests of both those whom we consider sensible and those who are "spoiled populace that wants something so badly that they'll do anything they can to get it". Adaptations of how we use copyright to "promote the progress of science" that are not accepted by all the factions of "content-owners" and "content-users" will not succeed. We do live in interesting times...

     Sincerely,
     Christopher

Christopher Gwyn
<christopher[_at_]icopyright.com> Received on Fri May 05 2000 - 20:05:54 GMT