Re: INFO/NYT: DISCUSS: The Future of the Internet

On Tue, Aug 17, 1999, Nick Zales <zales[_at_]execpc.com> wrote:
>
> On Mon, 16 Aug 1999, Mike Oliver <mikeoliver[_at_]home.com> wrote:
> >
> > Even if only one person engages in original expression because of the
> > protection afforded by copyright law, that's enough for me to believe
> > its worthwhile. That they might have the power to exact a fee for us
> > to use or enjoy it is an expected by-product of our system of capitalism.
> > If they abuse that power (price gouge etc.) there are enough options
> > now that I'll just choose a different copyrighted work.
>
> Thanks Mike,
>
> Your comments are food for thought indeed.
>
> I dabble in copyright law and my opinion is that it is all about
> money. I love our country and Washington, Jefferson, Madison, et al.
> They were all wealthy to a degree and certainly were not looking out
> for the "little guy." Recall the Bill of Rights was forced on them
> as a quid pro quo for ratification.

I don't dispute the generally accurate -- albeit simplistic -- assertion that copyright law is about money. What surprises me, though, is that Nick makes that point as if it were somehow critical of copyright law. In truth, ALL law -- with the possible exception of criminal law -- is about money. Creating copyrightable works or patentable devices is a way some people have of making a living -- and making a living is also "about money." Money is the way in which we compensate and reward people for contributing their skills and products to our society. Taking money away, or forcing people to spend it, is the way in which we most commonly penalize, punish, or harm one another. Damage to another's property is tortious because it forces the other person to spend money for repairs or replacement. Personal injury is tortious because it forces the victim to pay money for medical costs. Even harms that may defy quantification, such as emotional damage, are compensated through money damages. We live in a society for which money -- for better or worse -- is the most readily available measure of both damage and reward. Don't blame the law -- or suggest it is not doing its job -- for being "about money." The law is, in fact, our best weapon against abuses and harms that damage us where it hurts most.

Bob

Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
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> E-mail: rcumbow[_at_]grahamdunn.com
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Received on Wed Aug 18 1999 - 15:41:58 GMT