[FoRK] A FoRK at Cato

rudy rouhana < rudy at comlaw.org > on > Fri Apr 28 20:47:17 PDT 2006

When the PFF guy went after you for claiming his opinion was biased by the organizations they represent - you should have drilled him on the differences between Fair-use for other copyright works vs. digital works under DMCA.  It's an expansion of copyright protection by subtraction of the Fair-use choice from the purchasers of content - and it clearly caters to specific industries.

That said, I do agree with him that there doesn't need to be a dilution of copyright protection just to accommodate an environment where reproduction cost is zero.  Reproduction cost really isn't the issue, transaction costs are.  The same technology that allows for zero reproduction cost can get the transaction cost that manages the bundle of rights to approach zero as well (less a reasonable fee, of course).  If you can handle rights efficiently, for essentially no cost, then there is no reason to reduce them.

I also completely disagree with what I believe I heard the law prof. say when he mentioned that "amateurs" don't care about copyright.  That is absolutely false from my experience.  Amateurs do care about copyright, they just don't care to manage the transaction.

Of course, one might ask where is such a system to seamlessly manage copyright of online content created on blogs, photo album sites, etc.?  Like I said, press release this month ;)  I will say no more.

Anyway, sorry I couldn't hook up with you.  I had to catch up with all the free-marketeers afterwards and the crowd disbursed quickly as soon as the food was done.

-r



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