TorrentSpy lawyer battling 'copyright extremism'

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We keep forgetting the key points

Too many people, unfortunately including contributors to this forum, keep forgeting the fundamentals of copyright and treat this like a game in which the copyright holders are on the high ground. Copyright is intended to provide the creator of an artistic piece a reasonable time to realize a gain from his creation. The DMCA and the Bono copyright extension are much more than simple extensions of time, they extend and distort the laws and apply draconian penalties. It is hard to summarize all the problems but I'll try.
1. The $750/song penalty is divorced from reality and, based on the Sony penalty of $120/entire computer for their violations, divorced from morality too;
2. The copyright holders are despised by the creative artists and are perceived, in violation of the intent of copyright, to be exploiting the creative artists involved;
3. The author of DMCA, a Clinton appointee, has been quoted saying that the law is a disaster since the copyright holders have used it to force an obsolete business model on the public instead of using it to develop new technology and establish a partnership with the customers. In essence, the copyright holders are middlemen, and the internet is about disintermediation- hence they have to reengineer their business;
4. The copyright holders have been merciless in suing alleged copyright violators and have overstepped and sued innocent people and stretched discovery laws to the point that even copyright supporters feel that these guys are worse than the NSA in violating privacy. For example, if they had opened with a "cease and desist" order they could have avoided suing grandmothers, kids and dead people. It would have been less profitable since it is likely that the litigation is automated and the suits are a profit center for the copyright holders.
5. The copyright holders will not be able to hold back the tide of progress any more than King Canute could hold back the waves. Mash ups and custom digitalization will simply go to other countries if the US clamps down like some totalitarian regime. Try suing someone in Brazil, Burma, Iran, etc etc.Even getting full compliance in China is likely impossible.

In essence, the DMCA and the industry sponsored Bono copyright extension act (which, given its loopholes, can be extended backward and forward in time to encompass the entire history of the Universe) need to be set aside and have all the stakeholders, not just the lawyers and copyright holders, have input into a law that will work. Unlikely, but the the alternative is more of the same, which isn't good but doesn't seem totally painful to anyone since no one is beating the drums to change the laws execpt for the copyright holders in attempt to see just how far they can push.

Posted by: jdubow@...   Posted on: 08/01/07 You are currently: a Guest | Members login | Terms of Use

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