I've been pretty bad about posting my class essays up here, for a number of reasons. One of the big ones is that they are so specific to the questions, and I make kind of lazy references to books that I don't expect everyone on my blogroll to have read. (Let's be honest--I haven't read all of them. Four books in a week? Really? With a full course schedule and a part-time job? Hah, right.)
In this case, I just use articles, most of which are worth your time to check out, and for good measure [and because I refer directly to it], I am going to post the question, as well. It's still a little cramped, I think, because I had to get it in under 275 words (it's 271). Anyway, enjoy. And comment. And let's discuss. (And sorry for a second post in a day!) And, yes, you could argue that I ignored half the question, but I am actually pretty comfortable with that; knowing my professor, I suspect most of the question was a red herring.
Question:
In the United States, copyright law promotes the public good and protects the exclusive limited rights of copyright holders, in that order. If the copyright law fails to protect the rights of copyright holders adequately, how is the public good affected? Would it be better or worse if the United States adopted the standard for copyright protection in the rest of the industrialized world, whereby the primary purpose of such statutes is to protect the rights and interests of copyright holders?
Answer:
I believe the change referred to in the last sentence is already occurring--and has been for twenty years. Copyright law was written to prevent corporations from reproducing works without permission--something they had the tools to do--in the interest of encouraging innovation by making it profitable. However, the advent of consumer technologies that could make copies, then the Internet, has effectively put the same tools into the hands of individuals, making copyright law into a seriously flawed and poorly patched joke (Lessig). In 1982 Jack Valenti, a lobbyist for the film industry, compared the VCR to the Boston Strangler in front of Congress (Frel and michael). Clearly, this comparison is overblown; in fact, the film industry saw gains from this technology; it makes over $25 billion per year from videotapes and DVDs now (Frel).
Nevertheless, the same logic continues to stream out from their lobbyists, leading most recently to the PRO-IP Act, which "relaxes the standards under which extended prison terms of up to ten years can be given to repeat felony copyright infringers" (Ehmke). Just for comparison, the minimum prison term for rape in Pennsylvania is 4 years (McGill); yes, one could serve more time for copying a CD than for brutally attacking another person. I fail to see how this is "in the public interest."
I'm out of words but have much more to say. So, I would like to point you to an article by Cory Doctorow, which claims that what is at stake in the fight against draconian IP laws is nothing less than our culture itself: http://www.locusmag.com/Features/2008/11/cory-doctorow-why-i-copyfight.html. Please give it a read. He's right.
Works cited:
Ehmke, A. "Pro-IP Act Signed into Law." Haynes and Boone's News Room. Posted October 15, 2008. Available online: http://www.haynesboone.com/pro-ip-act-signed-into-law-10-15-2008/ Accessed November 20, 2008.
Frel, J. "The Revolution Will Be Downloaded." AlterNet. Posted April 20, 2005. Available online: http://www.alternet.org/mediaculture/21817/. Accessed Nov 20, 2008.
Lessig, Lawrence. Speech: "The Internet at the Crossroads." The Politics of Code - Shaping the Future of the Next Internet, Oxford Internet Institute, 2003.
McGill, A. "Cluck sentenced to four years in prison." The Daily Collegian Online. Posted August 23, 2007. Available online: http://www.collegian.psu.edu/archive/2007/08/23/cluck_sentenced_to_four_years.aspx Accessed November 20, 2008.
michael. "Valenti's "Boston Strangler" Testimony." Slashdot. Posted on Fri May 31, 2002 03:12 PM. Available online: http://slashdot.org/article.pl?sid=02/05/31/1622232.
West, J. "little pieces of things that might interest you." librarian.net. Posted November 20, 2008. Available online: http://www.librarian.net/stax/2561/little-pieces-of-things-that-might-interest-you/
A quote I ran into while I was looking for best practices on citing Slashdot (which is something I do tend to avoid): "... citing slashdot on patent issues is like citing Soviet propaganda to find out about the US Constitution." --FallLine, , posted to Slashdot on Monday January 15 2007.Labels: classes, copyright, libraries, politics, technology