Posted on 11/21/2010 9:41:22 AM PST by liberty33
The libertarian position on intellectual property that is most commonly recited is perhaps the most extreme: the outright abolition of copyright as a relic of the past. Though certainly dramatic and not without some merit, the absence of some sort of copyright protection for creators reeks a little too much of Marxist collectivism by denying, if not vilifying, the profit motive. Hence, a more prudent reconciliation between Article I and Amendment I is in order.
It is the purpose of this essay to articulate a standard by which to promote, through practice, an expansion of fair use, specifically as it pertains to what Judge Stewart Dalzell identified in 1996 as “the most participatory form of mass speech yet developed,” the Internet. In the face of a growing, government-assisted, corporate monopoly over ideas and information—to which the Internet has granted mass access—it is necessary to review the intellectual and legal history behind copyright and its relationship to free speech; then to properly distinguish between the dichotomous infringements taking place upon both copyright and free expression. Following a libertarian tradition, it is the position of this paper to favor the freedom to express any idea over the exclusive right to reproduce an expression claimed. In the course of any infringement claim that would come before a judge, it should be the copyright owner who bears the burden of making such ownership clear. And if the courts are to err, then they must err on the side of free speech.
(Excerpt) Read more at policyjournal.blogspot.com ...
Interesting analysis, thanks for posting it.
Of course I immediately copied it to my hard drive ;-)
Bump!
There are many who put things up on the Internet so that they can be copied off. Blogs are mostly like that, too. I have one little book linked on my profile page that has been copied thousands of times since it was put up for access by the public. In that regard, the Internet is an astonishingly rich resource for freedom of information and thought.
Agree completely, it’s the best brain amplifier of all time, and getting better all the time. Just no substitute for judgement and wisdom to interpret what we find here.
I’ve only worked my way through part of it so far, but what I’ve read is outstanding.
Great post.
If you want your own free song, write it and record it yourself.
If you want your own free movie, write the screenplay, cast it, shoot it and edit it yourself.
If you want your own journalism story, research it and write it yourself.
The Internet is no excuse for stealing the creative work of others.
The talented among us don't work their butts off and invest time and treasure so no-talent, clueless assholes can rip them off.
These are the rationalizations of criminals - thieves who love to rob from the Internet because that's where the content is.
These are the arguments of communists - what you create belongs to everyone in the collective.
Shove this thievery where the sun don't shine.
If you want to freely share something on the Internet, create your own work and share it.
Don't use the work of others as if it belongs to you.
It does not belong to you just because you saw it and want it.
There is a worldwide Berne Convention which is an international agreement to protect the copyrights of creators throughout the world. Copyright is damn important to the entire world and serious people have put in place serious laws to keep pirates from destroying the value of the works of creative people.
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