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> How is this in any way honest? Through a paradigm shift, which is long overdue. Should the public have free access to scholarly papers and pay to see the do
by niels_olson 15y ago
> How is this in any way honest?
Through a paradigm shift, which is long overdue.
Should the public have free access to scholarly papers and pay to see the doctor, lawyer, and geneticist?
Should the public have free access to musical recordings and pay to see the artists live?
Seems to me in both cases the net effect, the consequence, would be a higher quality of public discourse and appreciation. And that would be in the public's interest.
By comparison, implicit in your argument is an endorsement of the current system, wherein 77 years of copyright is just fine. From a deontological perspective, perhaps. Certainly lawyers make their money perpetuating a purely deontological view of the world, claiming they're the only ones who can parse the ontology of duties.
This divide between the deontological position to a consequentalist position is exactly the bridge Lessig believes the Supreme Court wanted him to cross, and he failed to realize it. Free Culture was his mea culpa.
I'm not sure how old you are, but my personal observation at 35 is that the quality of public discourse has improved since the advent of the internet. It would be a tough sell to claim that more information is better, but more access to high quality information is worse. Fundamentally, it's not about honoring the terms of scams corporate lobbyists perpetrated as we awoke from a 50-year TV-induced coma. It's about the public interest. In that paradigm, a consequentalist paradigm focused on the public interest, more access to high quality information is better.
Building the quantitative body of evidence to examine the consequentalist position is exactly what scholars have been laboring at for the last decade. And arguably the most advanced, sophisticated, educated society on the planet has examined the evidence and found it sufficient to directly, explicitly, reject in whole and in part, the deontological arguments of the old business model.
I will stretch this a bit further: if you look at history, I think you will find progress is often a story that starts with a deontology, a consequentalist argument forms, which is then backed up with evidence, adopted, and then forms the foundation of a new, hopefully less misguided deontology. If you can identify a deontology, look for consequentalist arguments that oppose it.
edit in reply to geoffschmidt: How to implement? I think we have seen that grandfathering current stakeholders has historically been an effective path to progress in the long term. As the new rules apply to more people, the old rules enjoy progressively fewer supporters, and eventually the new rules prevail. In terms of defining their copyright as "property", we're getting into the merits of the term "intellectual property", which is a red herring. There is no such thing under the law, but it is a very useful conflation of ideas for patent lawyers who need to pay off their Maseratis. The facts will set you free.
- joebadmo 15y agoTotally agree. The more I think about it, the more it seems to me that the onus is on 'intellectual property' proponents to justify their position, instead of vice versa. It does not seem obvious to me that people have a natural right to make money on intangibles. Even copyright and patent law wasn't in inception about natural rights, so much as it was about 'encouraging continued creation,' but I've yet to see convincing evidence that intellectual property rights actually have this effect, or that lack of intellectual property rights discourage it.
- tszyn 15y agoI'd like to live in a world in which people are rewarded for their contributions to society, how about you?
- joebadmo 15y agoSure. How do you measure it? The way capitalism measures it is by how much people are willing to pay for it. Seems to work pretty well, or at least (to borrow Churchill for my purpose) less badly than any other system. The upshot of this system, though, is that people have to figure out a way to get people to pay them for their contributions. It doesn't change for artists. Charging people for ~0 marginal cost copies is rapidly becoming not a way to get people to pay you. I think artists are going to do fine.
- tszyn 15y agoIf you agree that people should be rewarded for their contributions, then you should support a system which does that. The system of paying for zero-marginal-cost copies at least attempts to reward people proportionally to the perceived value of their work. Surely that's better than no system at all. Creating a system that rewards desirable behavior is the job of regulators. I don't see why we should succumb to defeatist claims like "It's all over. Just accept that your work is now worthless". No, we should do something about it, just like we are tackling pollution, crime, etc. One crucial step would be to make it easy for a creator to sell their work over the Web with a one-click interface, like buying an iPhone app. (BTW, I agree with the "less badly" assessment. Capitalism has been known to reward total crap.)