OUR INTELLECTUAL PROPERTY REGIME IS NO LONGER FIT FOR PURPOSE

The internet: Everything you ever need to know
By John Naughton
The Observer, Sunday 20 June 2010

OUR INTELLECTUAL PROPERTY REGIME IS NO LONGER FIT FOR PURPOSE

In the analogue world, copying was difficult and degenerative (ie copies of copies became progressively worse than the original). In the digital world, copying is effortless and perfect. In fact, copying is to computers as breathing is to living organisms, inasmuch as all computational operations involve it. When you view a web page, for example, a copy of the page is loaded into the video memory of your computer (or phone, or iPad) before the device can display it on the screen. So you can't even look at something on the web without (unknowingly) making a copy of it.

Since our current intellectual property regime was conceived in an era when copying was difficult and imperfect, it's not surprising that it seems increasingly out of sync with the networked world. To make matters worse (or better, depending on your point of view), digital technology has provided internet users with software tools which make it trivially easy to copy, edit, remix and publish anything that is available in digital form – which means nearly everything, nowadays. As a result, millions of people have become "publishers" in the sense that their creations are globally published on platforms such as Blogger, Flickr and YouTube. So everywhere one looks, one finds things that infringe copyright in one way or another. [including copying and re-purposing this article]

This is a disagreeable but inescapable fact – as inescapable in its way as the fact that young adults tend to drink too much alcohol. The only way to stop copying is to shut down the net. There's nothing wrong with intellectual property (or alcohol), per se, but our copyright laws are now so laughably out of touch with reality that they are falling into disrepute. They urgently need reforming to make them relevant to digital circumstances. The problem is that none of our legislators seems to understand this, so it won't happen any time soon.