A Copyfighter’s Musings

See this article (via Frank) and Weed’s website.  Here’s how it works: you download a song; listen to it three times, at which point you must buy it or get rid of it; purchasing gives you a WMA version, with permission to burn a CD, copy to a portable player and copy to 2 other computers; if you distribute the song to someone else who goes through the same process and buys the song, you get a cut of the money.  Get rid of the DRM, and you have something a lot like mediAgora.

Filed by Derek Slater at 9:26 pm under General news
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In a News.com article, Sen. John Sununu says:

“The fundamental problem with the approach of the RIAA took is that it was based on legislation that created special property rights,” Sununu said. “Suddenly, you had a private entity that’s able to issue subpoenas, which is unprecedented.”

“That’s not what the DMCA was intended to do,” he said. “We can’t be writing legislation that gives holders of certain types of intellectual property special rights…We can’t carve out special legislation to give special powers to certain types of content.”

I definitely appreciate his sentiments (as does Jason) but…

If “that’s not what the DMCA was intended to do,” what were the intentions?  It was certainly intended to allow 512(h) subpoenas for 512(b)-(d) providers, and it was all about giving copyright holders special rights.  I would appreciate it if people faced up to that – that a lot of the “unintended consequences” were built right into the law, even though the Congressmen didn’t take time to consider them.  Would it have been a better law if it were broader and anyone could get those subpoenas or circumvention of any measure – whether related to copyright or not – was illegal?

And the “fundamental problem” isn’t really that we created “special property rights,” in that special rights aren’t necessarily bad. These rights certainly were bad, but the bigger problem was that we assessed and created those rights without due regard for other rights and interests, e.g. fair use, privacy, scientific research, technological innovation.  I hope we start looking for the broader balance point, rather than just playing around with these narrower issues.

At the same time, it is encouraging to hear another Congressman knock the DMCA.  Even though he’s only talking about 512, I figure if people talk about the need for some element of copyright reform enough then other important issues are likely to be back on the table, too.

Rep. Joe Barton is another Congressman who gets it:

“I don’t agree you’re going to get teen-agers and young people to believe they’re doing something immoral” in file swapping, he said. “The industry has to decide on a different model.”

Filed by Derek Slater at 9:06 pm under General news
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The new year is a transition time for many of us, myself included.  I decided recently to take this next semester off from school.  In the spring (~April), I’ll be travelling around the country, seeing new things and doing something I never imagined I would.  My plan is as simple as that, still unfolding, and, for now, that’s a good thing.

In the meantime, I am going to be living in Westchester, NY, and I’m looking for part-time or full-time work in the area or in New York City until I leave.  If you, or someone you know, might be willing to employ me, please email me and I can send a resume, etc.  I am open to any available opportunity – in particular, I am looking for work as a research assistant in any legal area, preferably intellectual property or cyberlaw.  I’m also interested in media or marketing related positions.

This also might mean my blogging pace will change, what with not being on the flexible school schedule.  Certainly, when I’m travelling, don’t expect me around.  Just a heads up.

But since I’ll be travelling, if you live somewhere out there that I should visit, do tell me.  I’m still mapping out what I want to do and see, so I’d love suggestions.  In any case, I will eventually end up in San Francisco for the summer, where I hope to see and meet many of you.

Filed by Derek Slater at 1:58 pm under General news
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