A Sad Day for Copyright

In the dark, twisted world of copyright, one ray of light has been William Patry's blog. No more:

I have decided to end the blog, after doing around 800 postings over about 4 years.

Although Google's top copyright man, he wrote his blog in a purely private capacity as one of the leading copyright scholars in the world. Indeed, despite his position at that company, he was remarkably approachable: when I asked him to do a quick email interview for this blog he readily agreed. Sadly, one answer has proved prophetic:

I think copyright has become less and less responsive to the balance of incentives and exceptions that the 18th century English common judges grasped intuitively. Our ability to adapt has been seriously hampered by trade agreements, and that's a big problem.

Indeed, Patry now feels that this crucial "balance of incentives and exceptions" has been lost to such an extent that he can no longer blog. Alongside the fact that people kept assuming his views were official Google policy (they weren't), his other reason for stopping was simply:

The Current State of Copyright Law is too depressing

This leads me to my final reason for closing the blog which is independent of the first reason: my fear that the blog was becoming too negative in tone. I regard myself as a centrist. I believe very much that in proper doses copyright is essential for certain classes of works, especially commercial movies, commercial sound recordings, and commercial books, the core copyright industries. I accept that the level of proper doses will vary from person to person and that my recommended dose may be lower (or higher) than others. But in my view, and that of my cherished brother Sir Hugh Laddie, we are well past the healthy dose stage and into the serious illness stage. Much like the U.S. economy, things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together again: multilateral and trade agreements have ensured that, and quite deliberately.

When one of the world's pre-eminent experts in the field is so depressed by the state of copyright that he can't bring himself to blog about it, you know that something is rotten in the state of Denmark.

Thanks, Mr Patry, for all you gave, and sorry to see you go. Now it's up to us to carry on the fight for some copyright sanity.

Messrs. Copyright and Copyright Say "Basta!"

William Patry is Senior Copyright Counsel, Google; he's also author of a seven-volume, 6,000 page treatise on copyright, which suggests he knows a thing or two about the subject. In one of the longest blog posts I've seen in a while (and not exactly light reading, either), he wrote about "the legendary UK intellectual property authority Sir Hugh Laddie" and his inaugural lecture as a Professor at the University College London.

The title of his lecture was "The Insatiable Appetite for Intellectual Property Rights" - interesting in itself. But what is really remarkable is that Patry agrees:

Regrettably, both Sir Hugh and I have been lead in recent years to speak out in protest over the unslakable lust for more and more rights, longer terms of protection, draconian criminal provisions, and civil damages that bear no resemblance to the damages suffered. As Sir Hugh noted in his speech, “A calm look at the way IP rights are obtained and enforced in practice suggests that something is wrong. The drive for more IP rights has produced startling results.” He then gives page after page of examples, drawn from copyright law, trademark law, and patent law

When two of the top copyright experts in the Anglophone world both speak out in no uncertain terms against the current intellectual property maximalism, you know that there's something seriously rotten in the state of Denmark.