NetWorld! What People Are Really Doing on the Internet and What It Means to YouRothman, David H.
General
NetWorld! What People Are Really Doing on the Internet and What It Means to You
Rothman, David H.
Internet
Then a “Green Paper” revealing the Clinton Administration’s preliminary
views on data highways and copyright came out. It was even more horrid
than I could have imagined, an insult to the memory of Andrew Carnegie.
The ethos was exactly the opposite of TeleRead’s. For example, if the
paper became law, one could not transmit a newspaper article to a few
friends; the present ambiguities here would be resolved in favor of the
copyright holders. Yes, Washington should not allow anyone to bootleg
newspaper stories or magazine items for hundreds of people in an
electronic discussion group. In fact, I’d once reported a gross offender
to a magazine; I believed passionately in property rights. Clearly
electronic books, of all media, should enjoy protection, which, in fact,
TeleRead would promote by making piracy less lucrative. But we also had
to understand the purpose of copyright law—to help spread information in
a democracy and further the progress of science and the arts. Lehman
either was disingenuous or had let his old $430,000 make him a little
amnesic toward Constitutional tradition.
Ironically, if Lehman’s side won out, writers and journalists would be
among the biggest victims of the very law designed to protect us. After
all, we were not just producers of information; we were also consumers.
To write a book I would absorb millions of words from the Internet,
swapping information with friend after friend along the way, including,
yes, some electronic newspaper clips. But the Green Paper bizarrely
flouted the natural tendency of most people to _share_. Imagine the
effect on teachers and children. Quite rightly, Jim Warren observed that
Washington was cheating the public “to avoid controversy among
‘important’ people.”
“The Draft Report comes down firmly on the side of increased rights for
copyright owners in all relevant contexts, endorsing the goal of
enhanced copyright protection without acknowledging any countervailing
concerns,” wrote Jessica Litman, a law professor at Detroit’s Wayne
State University. In a reply to the Administration she said of the
report: “It appears to be an advocacy document: It at times
misrepresents the state of current law, and gives voice to only one side
of complicated policy debates.”
Another expert, law professor Pamela Samuelson at the University of
Pittsburgh, lambasted the Green Paper in an article for _Communications
of the ACM_, published by the Association for Computing Machinery. She
said that “not since the King of England in the sixteenth century gave a
group of printers exclusive rights to print books in exchange for the
printers’ agreement not to print heretical or seditious material has a
government copyright policy been so skewed in favor of publisher
interests and so detrimental to the public interest.” Contrary to
Washington’s claim, the Green Paper was not just a tweaking of existing
law but a radical revision in favor of publishers.[6.44]
Public-domain text, read in full here on John Shaqi.
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