John Tehranian's paper, "Infringement Nation: Copyright Reform and the Law/Norm Gap," from a forthcoming symposium issue of the Utah Law Review on "Fixing Copyright," is a great, tight little essay on the way that the growing gap between what technology allows us to do and what copyright tells us not to do is turning us all into mega-crooks. Just by doing the normal, everyday stuff -- chatting with friends, sharing the moments of our lives -- we commit billions of dollars' worth of infringements:
By the end of the day, John has infringed the copyrights of twenty emails,
three legal articles, an architectural rendering, a poem, five photographs, an
animated character, a musical composition, a painting, and fifty notes and
drawings. All told, he has committed at least eighty-three acts of infringement and
faces liability in the amount of $12.45 million (to say nothing of potential criminal
charges).50 There is nothing particularly extraordinary about John’s activities. Yet
if copyright holders were inclined to enforce their rights to the maximum extent
allowed by law, he would be indisputably liable for a mind-boggling $4.544 billion
in potential damages each year. And, surprisingly, he has not even committed a
single act of infringement through P2P file sharing. Such an outcome flies in the
face of our basic sense of justice. Indeed, one must either irrationally conclude that
John is a criminal infringer–a veritable grand larcenist–or blithely surmise that
copyright law must not mean what it appears to say. Something is clearly amiss.
Moreover, the troublesome gap between copyright law and norms has grown only
wider in recent years.
The Electronic Frontier Foundation’s Digital Security Tips for Protesters builds on its indispensable Surveillance Self Defense guide for protesters with legal and technical suggestions to protect your rights, your data, and your identity when protesting.
White cops from Aiken, SC improperly stopped a car driven by a black woman (they claimed the stop was motivated by temporary tags, but driving with current temporary tags is not grounds for a stop), then improperly questioned her passenger, who voluntarily gave them his ID, then induced a drug dog to “alert” on the […]
The Boing Boing Store’s Gift Guide is full of ideas for pretty much anyone in your life like hipster ice cub trays, Xbox controllers, Halo Boards, and even diamond necklaces. As always, all products in the Boing Boing Store come at great discounts, too. Shop by price bucket starting at under $20. Under $20:Bloxx Jumbo Ice Trays […]
Unlike traditional lighters, the SaberLight features an electronic plasma beam that’s both rechargeable and butane-free. This sleek lighter is even approved by TSA, so you’ll never be stuck buying lighters you’ll just have to throw away partially used. For some people, like me, this is a pretty big game-changer. The SaberLight’s beam is actually both hotter and cleaner […]
Holiday shopping is in full swing, and the Striiv Touch is one of the best gift ideas I’ve landed on. Its simple design works for females and males, and its wide range of features makes it suitable for even the non-fitness enthusiasts in your life.Unlike traditional fitness trackers, the Striiv Touch also acts as a smartwatch. It […]