The second day of TACD's conference is
in full swing. There have been several interesting presentations, and I
can't possibly keep up with all of them. So I'll just raise the points
that seemed most interesting to me. Forgive my liberal omissions.
Mark Cooper of Stanford University gave a
passionate presentation, talking about how digital technology,
especially networks, enables collaborative production - and how
inadequate monopoly powers stifle innovation. In a digitally networked
environment, "less property gives me more innovation." He called into
doubt the view that the current system of copyrights and patents is
absolute: "We write and re-write the rules of property throughout
history to fit the way in which we live."
The dense presentation summed up two of Mark's papers, to be found here and here.
On the morning's first panel, Leonardo Cervera Navas of the European
Commission's DG Internal Market dedicated part of his talks to the way
in which his departement considers the impact of the directives and
policies they implement. An example was the the evaluation report for
the Database directive, which creates a sui generis monopoly power over
databases in the EU.
The evaluation report said that the directive had been basically
useless, which led Jamie
Boyle to describe it as "faith-based
intellectual property policy". Navas and his departement, though,
seem in no special hurry to do anything about this irrational measure
which is hurting the European economy: They're considering all options,
from keeping the directive as it is to abolishing it. My guess is that
abolishment is not high on their agenda.
An interesting note is that he also talked about an upcoming discussion
about extending the term of copyright protection. This is urgently
needed, since the current 70 years after the author's death certainly do
not suffice to guarantee the revenue of the rightsholders. Mind you that
"rightsholder" and "creator" are rarely identical today.
Thus, an extension of the copyright term would benefit rightsholders,
but hurt creators by reducing their access to the existing works they
need to build upon. I asked Navas if the discussion in his departement
would also include the possibility of a shortening of the term.
He answered that such a thing is politically unthinkable.
Prepare for soon having copyrighted works protected well into the 23rd
century. Or do something about it. Navas mentioned that stakeholders
would have a voice in the process. So let's get it to them loud and
clear: An extension of the copyright terms is counterproductive. Instead
of putting Zombie business models on life support, let's prepare the
ground for new kinds of value creation.
If you've stuck with me this far, I'll reward you with two external
links: There is an article - spotless, as usual - by IP
Watch. Stefan Krempl of Heise
is reporting in German.