Timothy Phillips responds to Ed Felten's post on Eldred and the language of the common's argument as mentioned in the bIPlog earlier. Felten proposed changing the debate to reflect the difficulties of copyright, but Phillips believes those arguments are about the complexity of the current system, not the problem of the duration of copyright protection. He thinks ideas are only public property, and therefore, the public needs to be more diligent about protecting the public domain, rather than letting the copyright industry frame the argument as a private property issue. Also, he points out the language the Supreme Court used in Scott Paper v. Marcalus, where they said, "...the consuming public at large shall receive the benefits of the unrestricted exploitation..." about patents. He believes the principle should hold true for copyright protected works.
The Economist has an opinion piece, A Radical Rethink, on crushing creativity in the digital age, saying the battle over copyright, "could yet determine the future character of cyberspace itself.... Copyright was originally the grant of a temporary government-supported monopoly on copying a work, not a property right." Those seem like fairly powerful metaphors, used before to insist that the Internet remain open and free.Posted by Mary Hodder at January 25, 2003 04:47 PM