Showing posts with label tolerated use. Show all posts
Showing posts with label tolerated use. Show all posts

20 October 2007

Should We Tolerate Tolerated Use?

Although this article by Tim Wu came out a few days ago, I hadn't read it through until now; but I see that it's raising some fascinating questions about the *next* stage of the copyright battle, not least through Our Man in the Audience, Larry Lessig:

This spring, at the Max-Planck Institute in Bonn, Germany, I gave a talk on the phenomenon of tolerated use, and in the audience was Stanford professor Larry Lessig, a Thomas Jefferson figure in the information revolution. "So here's what I want to know," he asked. "Why should we tolerate tolerated use?" His point: If you care about free expression and the core reasons for our copyright law—i.e., protecting the artists—why would you put up with a system that makes something like fan art illegal and then tries to ignore the problem? Surely the right answer is to fight for reform of the copyright law: Have the law declare clearly that most noncommercial activities, like fan sites and remixes, are simply beyond the reach of the law.

In a sense, it's simple: laws that are ignored by hundreds of millions of people are, by definition, bad laws.

Update: If you enjoy Tim Wu's article, as I'm sure you will, why not give this rather meatier paper a whirl: it's a fascinating alternative history of copyright, and its "role in the regulation of competing disseminators."