David "Small Pieces, Loosely Joined" Weinberger has a fantastic editorial in the new Wired on the evil of "copy protection."
If your lease stipulates that you can't paint without explicit permission from your landlord, you will nevertheless patch up the scratches made by your yappy little dog on the bottom of the front door. If the high-priced industry analyst's report warns you on every page against duplicating, you'll still hand out at your weekly sales meeting copies of a page with a relevant chart. You'd snicker at the very suggestion of doing otherwise.
But why? The analyst report is stamped 'DO NOT PHOTOCOPY', and the bit in your lease about not painting really couldn't be any clearer. We chuckle because we all understand that before the law there's leeway – the true bedrock of human relationships. Sure, we rely on rules to decide the hard cases, but the rest of the time we cut one another a whole lot of slack. We have to. That's the only way we humans can manage to share a world. Otherwise, we'd be at one another's throats all the time – or, more exactly, our lawyers would be at each other's throats.
Yet we're on the verge of instituting digital rights management. What do computers do best? Obey rules. What do they do worst? Allow latitude. Why? Because computers don't know when to look the other way.
We're screwed. Not because we MP3 cowboys and cowgirls will not have to pay for content we've been "stealing." No, we're screwed because we're undercutting the basis of our shared intellectual and creative lives. For us to talk, argue, try out ideas, tear down and build up thoughts, assimilate and appropriate concepts – heck, just to be together in public – we have to grant all sorts of leeway. That's how ideas breed, how cultures get built. If any public space needs plenty of light, air, and room to play, it's the marketplace of ideas.
