Fred von Lohmann, senior copyright attorney at the Electronic Frontier Foundation, has just posted a review of Adrian John's monumental, 500-page Piracy: The Intellectual Property Wars from Gutenberg to Gates
, a thoroughgoing and well-researched history that draws compelling conclusions about the need to view piracy as a business-model crisis, not a moral one. I'm about halfway through Piracy
myself, and really enjoying it:
Along the way, you'll be reminded that today's debates have historical roots in controversies over computer hacking, phone phreaking, home taping, and ultimately the 1920s patent-law rebellions against AT&T. This is history every interested copy-fighter, patent reformer, and netizen needs to know. Prof. Johns ends his book by describing the unique thing about our current historical moment: the rise of what he calls an "intellectual property defense industry":
As piracy has grown and diversified, so a counterindustry has emerged, dedicated to combating it. The coherence and scope of this industry are relatively new and remarkable. In previous centuries, particular groups or industries mounted efforts against piracy; but they did not generally regard them as fronts in one common cause. Now they do. ... So the first implication is that we need to appreciate the historical significance of this industry of antipiracy policing and apprehend its consequences, at every social level. The second implication follows from that. Measures adopted against piracy can sometimes impinge on other, equally valued, aspects of society. Indeed, it is possible that they must do so, given the nature of the task. When that happens, however, they can trigger deeply felt reactions. The result is a crisis, with the potential to create a moment of genuine transformation.
If that's right (and I think it is), then opposing the "intellectual property defense industry" is not the same thing as opposing "intellectual property." Rather, it is about insisting on values like civil liberties, privacy, and autonomy, and not allowing antipiracy enforcement to trample them.
Required Reading: Adrian Johns, Piracy: The Intellectual Property Wars from Gutenberg to Gates (review)
Piracy: The Intellectual Property Wars from Gutenberg to Gates
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