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.
EFF has just posted a job listing for a development director, seeking someone to "take charge of EFF's eleven-person Development Team in their efforts to raise over $13 million each year," starting late 2019 or early 2020.
ORG -- the UK Open Rights Group (disclosure: I am a co-founder and volunteers on its advisory board) is hiring a Data and Democracy Project Officer: "responsible for delivering our work on preserving democratic integrity in the digital age. This role has two main areas of focus: 1) electronic voting and 2) the use of […]
The Democrats' newly unveiled "Internet Bill of Rights" enumerates ten rights that the party says it will enshrine in law, ranging from Net Neutrality to data portability to timely notification of breaches to opt-in for data collection, the right to see the data held on you by surveillance capitalists, rights to privacy and to be […]
There are a lot of different language apps out there because nobody learns anything the same exact way – especially not something as complex as a new language. For some people, the best way is to dive in and start talking, but that’s easier said than done if you’re not around those natives you aspire […]
There’s movie merch and then there are artifacts – one-of-a-kind items for the true fans only. These 11 items definitely fall into the latter category. We’ve unearthed movie art, props and other fan touchstones from the major nerd franchises of the last 50 years. Gaze upon these Star Wars and Marvel collectibles and don’t worry. […]
No matter what kind of office you work at, there’s probably an Excel expert in it. And no wonder: Businesses are still discovering uses for one of Microsoft’s flagship software suites beyond just bare-bones spreadsheets. Make October the month you become invaluable at work by taking one of these boot camps in Excel and its […]