Saturday, November 1, 2008

To Own is to Defend

In Lessig’s Code 2.0, the author describes a struggle that currently plagues the innovation process of this digital age. The struggle is over how intellectual property should be protected in the age of the internet. The government, within the confines of the Constitution, grants rights to the owner of the IP, but it also granted rights to the user as well. The use of code, however, can allow the IP owners to restrict the rights of the user. In the reading from Lessig, the author’s assistant, Harold Reeves, suggested that the government should not help with the protection of IP on the net, because he argues that it would be completely impossible to do so. However, the absence of government, in my opinion, would create a civil war between IP owners and content users, which is essentially what we have today. It is well-documented the effect that piracy has on IP holders. P2P sites and software such as Kazaa, ThePirateBay.Org, Napster, etc. have infringed on the copyrights of major corporations for years now, and it has only gotten worse since the introduction of high-speed internet. On the other hand, these corporations could also develop the capacity to produce code that restricts fair use. According to the Constitution, the whole reason for issuing out IPs to businesses and individuals is to promote the advancement of the arts and sciences, not to help make money for these entities. However, the writers of the Constitution knew that money motivates like people like so few other things can, and thus entices inventors with this. Moreso than most technologies, the internet is dependent on individuals. Companies should not overprotect their products by taking away fair use rights from consumers. Companies must also be ensured pay for their works. Therefore, the government must be the mediator and the enforcer between these two groups. Now, how do we combat IP lobbyists???

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