copyright

I noted previously that Reason author Cathy Young had written in favor of a fifty-year copyright term. Now, in a recent Reason article,”The Trouble with the Copyright Debate” (subtitle: Does every illegal download represent a lost sale?), she joins the anti-SOPA bandwagon, but is still pro-copyright:

A few days ago, I committed an illegal act.

Instead of watching the latest episode of the British fantasy show Merlin on the SyFy channel and suffer through a hundred commercials and pop-up ads that sometimes deface the screen during the show itself, I got online and watched an illicitly streamed video. What’s more, I intend to continue my crime spree and download the three-episode second season of Sherlock, which aired on the BBC earlier this month, rather than wait until May when it finally gets to PBS.

The point of this true confession is that the current debate about copyright enforcement and piracy on the Web largely misses the boat. Yes, creators and copyright holders have important rights and legitimate interests. And yes, some Internet users display an obnoxious sense of entitlement to “free” intellectual content.

So: Young is anti-SOPA. But she is still pro-copyright: “creators and copyright holders have important rights and legitimate interests”. And yet she admits she herself engages in piracy (while bizarrely taking a superior tone in condemning others who pirate). Say what? If she thinks copyright should last 50 years, and that it is legitimate, then … when she pirates she is violating people’s rights, and should be penalized–perhaps even by imprisonment. Right?

Young is confused and hypocritical. She favors copyright, and bashes other people who pirate, all the while engaging in piracy herself and then condemning efforts to enforce copyright. She’s trying to have her copyright and eat it, too.

As I argued earlier this week SOPA is the Symptom, Copyright is the Disease. The only solution is to abolish copyright. Wake up and smell the libertarian principles, Young.

[C4sIF]

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Over at C4SIF, I’ve blogged quite a bit lately about SOPA and PIPA and the recent Internet blackouts and other protests against these bills, which threaten free speech and the open Internet (Mike Masnick et al. at Techdirt have also been great on exposing and analyzing SOPA). As Jeff Tucker noted recently, the protests against SOPA started not with conservatives or even “libertarians,” but with civil libertarians of the “left,” as well as Silicon Valley tech types. Of course, some libertarians have been opposed to SOPA (and copyright) from the beginning–the more radical and anti-state libertarians, in particular Austro-libertarians and left-libertarians (such as some of the people associated with C4SS ).

Aside from the anti-state libertarians, however, most of the protests against SOPA concede that copyright is good, intellectual property is important, and piracy is bad–but then they bemoan that SOPA “goes too far.” For example, as I noted in Where does IP Rank Among the Worst State Laws?, consider this article in PC Magazine, providing the response of 11 PCMag staffers asked for their take on SOPA. The response to SOPA was universally negative, but most of them first prefaced their opposition to SOPA by genuflecting to copyright and recognizing that IP piracy “is of course a real problem”. [Keep reading…]

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Cory Doctorow has a great speech up, The coming war on general computation, delivered at the the 28C3, the recent Chaos Computer Congress in Berlin. (He’s also written an article based on the transcript.) Doctorow explains that how the copyright interests want general purpose computers to be regulated, or hobbled, so that people cannot evade copyright restrictions and copyright circumvention prohibitions. (Why Doctorow is not yet a complete copyright abolitionists is a mystery to me.) He has an interesting point at around 45:00 about how the Internet and technology only provides an incremental benefit to the state, since they are already organized enough to be in charge, but can provide a more qualitative change–a “phase shift”–for the subjects of the state, in helping them to better organize and fight the state.

His summary of the talk:

The last 20 years of Internet policy have been dominated by the copyright war, but the war turns out only to have been a skirmish. The coming century will be dominated by war against the general purpose computer, and the stakes are the freedom, fortune and privacy of the entire human race.

The problem is twofold: first, there is no known general-purpose computer that can execute all the programs we can think of except the naughty ones; second, general-purpose computers have replaced every other device in our world. There are no airplanes, only computers that fly. There are no cars, only computers we sit in. There are no hearing aids, only computers we put in our ears. There are no 3D printers, only computers that drive peripherals. There are no radios, only computers with fast ADCs and DACs and phased-array antennas. Consequently anything you do to “secure” anything with a computer in it ends up undermining the capabilities and security of every other corner of modern human society.

[C4SIF]

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William Patry on How to Fix Copyright

by Stephan Kinsella January 10, 2012

From my C4SIF post: There is nothing wrong with incrementalism. Advocates of private property and free markets want patent, copyright, and other forms of IP to be abolished, but we are also in favor of measures short of abolition that move in the right direction–shortening terms and penalties, etc. Still, it’s frustrating when some commentators [...]

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Kinsella’s “Rethinking Intellectual Property” course: Audio and Slides

by Stephan Kinsella December 25, 2011

In late 2010 I taught my first Mises Academy course, “Rethinking Intellectual Property: History, Theory, and Economics.” I reprised the course in Spring 2011: “Rethinking Intellectual Property: History, Theory, and Economics.” This was a 6-week course, which provided an overview of current intellectual property law and the history and origins of IP. (In Teaching an [...]

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SOPA, Piracy, Censorship and the End of the Internet? Kinsella and Stefan Molyneux on Freedomain Radio

by Stephan Kinsella December 22, 2011

Stefan Molyneux interviewed me yesterday for his Freedomain Radio program about the evil Stop Online Piracy Act, or SOPA. We discussed the First Amendment violations of and other problems with SOPA. Audio is here and streamed below: FDR_2060_sopa_kinsella_interview.mp3 (24.7 MB; local copy). (And check out Youtube’s cool “snowflake” feature.) [c4sif]

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Should Copyright Be Allowed to Override Speech Rights?

by Stephan Kinsella December 20, 2011

Excellent article by Internet and First Amendment lawyer Marvin Ammori in The Atlantic, Should Copyright Be Allowed to Override Speech Rights? Ammori, with the New America Foundation’s Open Technology Initiative, points out that the have courts recognized the potential threats to free speech posed by defamation law: Defamation law, while necessary to protect wrongly tarnished [...]

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