Wednesday, September 12, 2012

To Change or Not to Change: Thoughts on Intellectual Property and Copyright


Yesterday while sitting in class, I had a discussion of what piracy and intellectual property means for us today with the accessibility of everything of the internet. Building off of my reading from Piracy: Intellectual Property Wars from Gutenberg to Gates by Adrian Johns, I have been coming to see that our digital culture has many of the same historical piracy and copyright issues that originated with the printing press. Johns argues that our current issues with intellectual property relate to:

The core issues of traditional political theory and practice: issues of privacy, accountability, and autonomy. That is why it was worth tracking the history of the enforcement enterprise back all the way to the seventeenth century and the origins of modern political order. Such issues have, it seems, dogged intellectual property policing throughout its history, because of the nature of the enterprise. They continue to do so today in new forms and media (507).
Johns argues throughout his book that we are today facing the same issues that have been relevant to the book/printing industries since their conception. These fundamental issues of privacy, autonomy and accountability must be at the center of any decision we make today about our new media and digital forms.
As I’ve come to think more about this system, I’ve come to wonder more about whether it would be better to completely revamp our current intellectual property system to better address the needs of today’s culture. Johns uses the example of Google’s online book translation project, which raised a number of questions about the legality of an open-access library online. This example highlighted to me that there are a number of problems that the current copyright system is not prepared to address. Furthermore the popularity of e-readers, as well as the wealth of (legal and illegal) information available online, is definitely not something the original laws were created to address. With the popularity of the internet and the increasing ease of finding any sort of information online, I do wonder if the rules of a traditional book culture should apply to our copyright system.

Johnson proposes at the end of his book that, “At present we have a system that is conceptually simple, in that it is professedly based on a small number of ideal premises that are impervious to historical change. But it is hopelessly complex in practice, because the everyday life of creativity and commerce is historical. A reticulated system would be more complex in theory, because it would require more premises” (517). Although it sounds great to say yes let’s change the entire system, I do wonder what exactly would be the best method of addressing the hopeless complexities of everyday life in our digital culture. Perhaps simply relying on more alternatives to copyrights and patents would help us to address current problems of the system as they would address more “premises” or situations and contexts. From what I know of the creative commons licenses they seem like a valuable way to address the need to collaborate of the internet.  I think we need more flexible solutions like this to fully cover all of the different copyright situations in an ever expanding digital world.
Although I am just scratching the surface, I wonder if this sort of complete revamping is what is needed. The challenges of our digital age seem to require more creative solutions than are presently being employed, and I personally would like to explore more of the alternatives to address the complex questions and concerns that will and have already arisen. Although I definitely don’t have all the answers, I appreciate Johns’s insights and hope to explore other potential solutions.

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