Thanks for the legal analysis, always a welcome addition here.
> The useful question is whether the particular rights bundled into "copyright" are the best way to do the things we're trying to do.
Yes, the ultimate goal is to reform that, but I think the argument needs to be that there is a more optimal way of codifying copyright for everyone - content creators, consumers, and 'mashuppers' - that can create more abundance, dynamism, an opportunity for all parties.
But instead the prevailing argument seems to essentially be one of technological entitlement - that taking something for nothing without the consent of the creator/rights owner, at least as defined under current laws, has no consequence for the rights owner, and that it should be legal to do simply because it can be done.
No, it should be legal to do because there is ultimately more utility and value in it for everyone including the rights owners than under the old regime, so much so that they do it willingly like some are starting to experiment with now (NIN, Louis CK, etc).
That's the argument that must and can ultimately convince society, government, and Hollywood (or at least drag the latter to it kicking and screaming) that there is a more optimal copyright system. Spurious appeals to neo-entitlement will just fail there.
> The useful question is whether the particular rights bundled into "copyright" are the best way to do the things we're trying to do.
Yes, the ultimate goal is to reform that, but I think the argument needs to be that there is a more optimal way of codifying copyright for everyone - content creators, consumers, and 'mashuppers' - that can create more abundance, dynamism, an opportunity for all parties.
But instead the prevailing argument seems to essentially be one of technological entitlement - that taking something for nothing without the consent of the creator/rights owner, at least as defined under current laws, has no consequence for the rights owner, and that it should be legal to do simply because it can be done.
No, it should be legal to do because there is ultimately more utility and value in it for everyone including the rights owners than under the old regime, so much so that they do it willingly like some are starting to experiment with now (NIN, Louis CK, etc).
That's the argument that must and can ultimately convince society, government, and Hollywood (or at least drag the latter to it kicking and screaming) that there is a more optimal copyright system. Spurious appeals to neo-entitlement will just fail there.