Interesting People mailing list archives
IP: RE: Author of DeCss Arrested
From: Dave Farber <farber () cis upenn edu>
Date: Tue, 25 Jan 2000 15:04:32 -0500
Reply-To: <callbritton () edit nydailynews com> From: "Chris Allbritton" <callbritton () edit nydailynews com> To: <farber () cis upenn edu> Dave, this is a horrible trend that seems to be accelerating--namely the privatization of ALL knowledge. It seems that copyright laws are being used not as an incentive for artists to produce new work, but revenue streams for multinational corporations. I can't imagine this is what the framers had in mind when they wrote that clause into ye olde Constitution. I enclose portions of a (copyrighted) story that appeared in Saturday's NYTimes on this subject: The Artist's Friend Turned Enemy: A Backlash Against the Copyright By PAUL LEWIS Shakespeare was great at writing plays but lousy at inventing plots. So he borrowed them. "Romeo and Juliet," for instance, was lifted from "The Tragicall Historye of Romeus and Juliet," a 1562 translation of a tale by Matteo Bandello, an Italian writer, soldier and monk. "Julius Caesar" came out of Sir Thomas North's 1579 translation of Plutarch's "Lives of Nobel Grecians and Romans." Nobody sued for breach of copyright because there wasn't any. By and large, the work of artists, inventors and scientists was available for others to copy, improve or improvise on at will. Of course, that hasn't been true the last couple of hundred years. The idea of a copyright -- to establish personal ownership of artworks, ideas, techniques and other intellectual property -- was included in Article 1 of the United States Constitution. In 1989 Americans took out 95,537 patents; in 1998 the number reached 147,521 and 72,395 more were issued to foreigners. In 1998 Congress extended existing copyright protection for an additional 20 years. Major beneficiaries were corporations like Disney, whose copyright on Mickey Mouse, for example, was to expire in 2004 but has now been extended through 2023. Since then criticism has been building in the academic world, with many arguing that the growing privatization of knowledge will threaten traditional intellectual and artistic freedoms. "Industries and governments always favor strong intellectual property protection; academics tend to favor weaker protection," said Robert P. Merges, an expert on intellectual property law at the University of California at Berkeley. "If you took a poll of American academics, you'd find most believe the knowledge grab has gone too far." This year a group of Harvard University law professors asked the United States District Court for the District of Columbia to declare the Copyright Extension Act of 1998 unconstitutional. They argued that it violated guarantees of free speech by reprivatizing works that would otherwise have become public property. They also said it breached a constitutional requirement that copyright laws "promote the progress of science and useful arts." "Extending a dead author's copyright won't encourage him to write another book," said Lawrence Lessig, one of the Harvard professors bringing the case. "Would Shakespeare have written 'Romeo and Juliet' if he had to get permission from Bandello and pay royalties?" <I wish I could include more, but alas, I would be running up against fair use laws. But I can probably include a little more...> While some of the fastest growth in copyrights has been in the field of computer software (where the number of patents granted is expected to increase to 22,500 for 1999 from 1,300 in 1990), companies are increasingly patenting such innovations as methods of doing business. Amazon.com, the on-line bookseller, for example, has patented its "one click" sales system, allowing customers to place new orders with a single press on the computer mouse. And priceline.com has done the same for "reverse auctions," which enable buyers to name a price and find a seller. Applications for such "business method" patents have risen 70 percent this year, according to the United States Patent and Trademark Office. Critics say that the current laws on intellectual property may shrink the pool of freely available artworks and ideas from which artists and inventors often draw their inspiration. In "Shamans, Software and Spleens: Law and the Construction of the Information Society" (Harvard University Press), James Boyle of American University argues that the present system overemphasizes the rights of the romanticized author at the expense of "the public domain necessary to give the magpie genius the raw material she needs." <The "romanticized author" these days is too often a faceless corporation. To grant these immortal bodies with scads of money and power the same rights as (relatively powerless) individuals is a travesty, one that extends far beyond the issue of intellectual property. But another well-made point from the article:> Ronald V. Bettif, a communications professor at Pennsylvania State University, writes in his book "Copyrighting Culture: the Political Economy of Intellectual Property" (Westview Press): "The consequences of expanded intellectual property rights are always the same: the continuing enclosure of the intellectual and artistic commons. "More and more knowledge and culture are being privately appropriated and submitted to the logic of the marketplace." <I only wish I could include a link to the article but it's buried in the premium archives now. Hm. That seems to prove my point even more. Anyway, the continuing corporatization of so many aspects of our lives threatens to erase the cultural and intellectual commons that allow people with vision to move society forward. Instead we seem content to place that vision in the hands of the 'free market,' which doesn't hold the common good as a value, but instead seeks--by law--to maximize shareholder value. In cases regarding intellectual property, shareholder value is antithical to a free and open society.> Cheers, -- Chris Allbritton Technology Reporter -- New York Daily News 450 W. 33rd St., New York, NY 10001-2681 callbritton () edit nydailynews com (212) 210-2197 (v) (212) 210-2921 (f)-----Original Message----- From: owner-ip-sub-1 () admin listbox com [mailto:owner-ip-sub-1 () admin listbox com]On Behalf Of Dave Farber Sent: Tuesday, January 25, 2000 10:56 AM To: ip-sub-1 () majordomo pobox com Subject: IP: Author of DeCss Arrested [ In my view this type of action portends serious serious problems in the future. I wonder if, as a teacher, I had assigned a project to explore the security of some system and see how robust it was, if I and my studnets would be arrested? djf]Date: Tue, 25 Jan 2000 10:48:57 -0500 (EST) From: Joe Greenseid <jgreenseid () mail wesleyan edu> To: Dave Farber <farber () cis upenn edu> Jon Johansen, the 16 year old from Norway who cracked DVD encryption was arrested in a suprise raidyesterday after being named in alawsuit by someof the biggest companies in entertainment.Police raid teen hacker's home Police have raided the Larvik home of a teen charged by some of the world's biggest entertainment companies with ripping off their music and films. The boy broke the code protecting videos and CDs. \ Entertainment industry giants including Sony, Universal, MGM and Warner have sued the 16-year-old Norwegian, accusing him of hacking his way through the codes meant to protect their products from downloading. They also charged he then publicized the code on the Internet. The teenager published the code on the home page of his father's company. His father is also charged. <snip> http://www.aftenposten.no/english/local/d121152.htm
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