You can check out today’s U.S. News & World Report for a Point/Counterpoint by Stanford (soon to be Harvard again) Law Professor Lawrence Lessig and yours truly on Lessig’s proposal to decriminalize unauthorized file-sharing online. This is not a simple issue, and I’m pleased the magazine provided a platform for the debate.

It should be noted both pieces were written before the news broke that the RIAA and its members would no longer be filing civil suits against massive infringers of unauthorized creative works, but would instead be working with Internet service providers on enforcement of creators’ rights. I have written that there is much to praise in that decision, and that it is a win-win-win for copyright owners, ISPs and consumers.

But that news has nothing to do with the proposal by Mr. Lessig to decriminalize unauthorized file-sharing.

In this latest news development, it is the copyright owner making the decision as to how to address massive infringement. In Mr. Lessig’s case, it is the infringers forcing a decision through law whether the copyright owner likes it or not.

The essence of copyright is that in order to “promote the Progress and Science and useful Arts,” rights are given to creators. Their exercise of those right gives us the rich tapestry of works we enjoy today. Unceremoniously removing those rights because a significant volume of people choose to ignore them is not the way a civilized, democratic society should function, and it would serve to seriously erode the incentive for further creation.

Bottom line: RIAA dropping suits=rightsholder decision. Decriminalizing infringement=lawbreaker decision. The former promotes creativity, the latter discourages creativity.

ADDENDUM:I’ve been offline spending the holidays with my wife, kids and parents, but today I’m back and took a glance at Professor Lessig’s blog. I noticed something very interesting. I made a point above to link to my piece as well as his. His blog entry directs readers only to his US News editorial; anyone following the link would have no clue that there was an opposing opinion piece. I’m a bit surprised someone of his intellectual caliber would be hesitant to let readers know of points of view that diverge with his.

Share this:

This entry was posted on Monday, December 22nd, 2008 at 12:18 pm by Patrick Ross and is filed under copyright law, copyright opponents, creators, internet, p2p, piracy. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.