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| About site: http://www.gnu.org/philosophy/reevaluating-copyright.html |
Title: Issues/Intellectual Property/Copyrights - Reevaluating Copyright: The Public Must Prevail Open source pioneer Richard Stallman discusses some problems with copyright restrictions. (May, 1996)
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Reevaluating Copyright: The Public Must Prevail - GNU Project - Free Software Foundation (FSF)@import url('/print.css'); Skip to content | Translations of this page Search: The GNU Operating System Home Store History Philosophy Licenses Download GNU Help GNU Sitemap Reevaluating Copyright: The Public Must Prevail Reevaluating Copyright: The Public Must Prevail [Published in Oregon Law Review, Spring 1996] Richard StallmanThe legal world is aware that digital information technology poses“problems for copyright,” but has not traced theseproblems to their root cause: a fundamental conflict betweenpublishers of copyrighted works and the users of these works. Thepublishers, understanding their own interest, have set forth aproposal through the Clinton Administration to fix the“problems” by deciding the conflict in their favor. Thisproposal, the Lehman White Paper [2], was theprincipal focus of the “Innovation and the InformationEnvironment” conference at the University of Oregon (November1995).John Perry Barlow [3], the keynote speaker,began the conference by telling us how the Greatful Dead recognizedand dealt with this conflict. They decided it would be wrong tointerfere with copying of their performances on tapes, or withdistribution on the Internet, but saw nothing wrong in enforcingcopyright for CD recordings of their music.Barlow did not analyze the reasons for treating these mediadifferently, and later Gary Glisson [4] criticizedBarlow's idea that the Internet is inexplicably unique and unlikeanything else in the world. He argued that we should be able todetermine the implications of the Internet for copyright policy by thesame kind of analysis that we apply to other technologies. This paperattempts to do just that.Barlow suggested that our intuitions based on physical objects asproperty do not transfer to information as property becauseinformation is “abstract.” As StevenWinter [5] remarked, abstract property has existedfor centuries. Shares in a company, commodity futures, and even papermoney, are forms of property that are more or less abstract. Barlowand others who argue that information should be free do not rejectthese other kinds of abstract property. Clearly, the crucialdifference between information and acceptable kinds of property is notabstractness per se. So what is it? I propose a simple and practicalexplanation.United States copyright law considers copyright a bargain betweenthe public and “authors” (although in practice, usuallypublishers take over the authors' part of the bargain). The publictrades certain freedoms in exchange for more published works toenjoy. Until the White Paper, our government had never proposed thatthe public should trade all of its freedom to use publishedworks. Copyright involves giving up specific freedoms and retainingothers. This means that there are many alternative bargains that thepublic could offer to publishers. So which bargain is the best one forthe public? Which freedoms are worth while for the public to trade,and for what length of time? The answers depend on two things: howmuch additional publication the public will get for trading a givenfreedom, and how much the public benefits from keeping thatfreedom.This shows why making intellectual propertydecisions by analogy to physical object property, or even to olderintellectual property policies, is a mistake. Winter arguedpersuasively that it is possible to make such analogies, to stretchour old concepts and apply them to new decisions |
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Open | source | pioneer | Richard | Stallman | discusses | some | problems | with | copyright | restrictions. | (May, | 1996) |
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http://www.gnu.org/philosophy/reevaluating-copyright.html
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Open source pioneer Richard Stallman discusses some problems with copyright restrictions. (May, 1996)
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