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I was reading this article called A world free from DRM, copyrights and patents over on my favorite tech news site: www.tgdaily.com. It was less of an opinion piece, and more of an invitation for discussion than anything else, and it was on one of my favorite topics to vocalize my opinion about: copyright and patent law.The article basically asked the following question:
What would it be like to wake up tomorrow and have the ability to take everything that exists and recreate it as needed absolutely free from royalty or limitation? If people and companies could copy anything in existence, rolling it into whatever product they can design, and then attempt to sell it to others ... what would that world look like?
After writing my response, I decided I would bring it over here as well. So, that being said, here it is:
A world without DRM would be a beautiful place.
A world without copyright and patents? Perhaps less so.
DRM is a little different from copyrights and patents in this discussion however. See, DRM is actually an enforcement of copyright. Without copyright, it would not exist. It is an example of the horribleness of the extreme position to which copyright law has been pushed.
It is important to remember that copyrights and patents exist for legitimate reasons. Namely, to protect the creators of the technology or work. They were originally intended to protect said creator(s) for a short period of time to allow them to profit exclusively from their work. That's a good thing. The bad thing is what they exist as now.
Copyrights now last an absurd amount of time. Perpetually forever in some cases. Mickey Mouse, for example, should have been in the public domain long ago except for the changes that we have seen to copyright law which now seem to provide Disney the ability to maintain copyright on Mickey forever.
Patents were originally created with a reasonable time attached to them as well...until technology advanced to the point that we are creating and manufacturing new things so much faster than when patent law was originally written. Especially in the case of software (which should not be able to be patented in my book), advancements are happening so fast that the long term of copyright no longer merely protects the creator from profitability, it stymies the creativity of others to the point of stymieing innovation.
The solution? Adjust patents and copyright terms to reflect modern innovation and technology. Copyright needs to go back to it's original term lengths (if not shorter), and patents need to have their term lengths set based on the creative pace of their respective industry. In other words, it may be appropriate for a special type of clutch on a tractor to have a patent lasting 20 years, but the idea of patenting multi-touch interfaces on mobile devices should probably not be able to last more than 4 or 5 years due to the pace of innovation in the industry.
I think with these kinds of modifications, patent and copyright law still serve a very valid purpose. It's only in it's current state that it becomes so evil.
The reason I say all this is because I can imagine a world without any of these things (DRM, patents, and copyright). Unfortunately, as we live in a world of fast paced innovation and proliferation of information, I think it would be impossible for people to profit legitimately from their work without some form of protection. We have rampant piracy now from countries that don't enforce copyright law. Imagine if it was out of control like that here because there was no copyright law. Suddenly, we would have less movies, less video games, less advancements in medicine, computers, and science. Sure, a program like Windows would greatly advance from the kind of openness that Linux currently profits from, but for how long before it fell apart or simply dried up?
The danger of these kinds of laws lies in the extremes. We have been steadily pushed by the big media and technology corporations towards increased DRM, copyright, and patent law to protect their profit margins for things that are now becoming ancient. If we are not already at the extreme and pushing beyond it, we are certainly at least approaching it. Likewise, we can and should not advocate the total opposite extreme. We needed the laws and rules to begin with to spark innovation. Now, we still need them. We just need them back towards to the point of balance where they began, and not towards the point of extreme at which they exist now.
And, below, is a thoughtful quote by a guy who is very outspoken and opinionated on the above subject: Richard Stallman
I don't have a problem with someone using their talents to become successful, I just don't think the highest calling is success. Things like freedom and the expansion of knowledge are beyond success, beyond the personal. Personal success is not wrong, but it is limited in importance, and once you have enough of it it is a shame to keep striving for that, instead of for truth, beauty, or justice.
- Richard Stallman - An Interview with Znet




