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June 10, 2005
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463 Communications Looks at CDT's Copyright Policy Paper
463 Communications takes a look at CDT's new copyright policy paper and the blogospheric reaction (Bridging the Digital Content Divide).
STILL, what is lost on many outside of Washington, is that this is not always about reality (especially a reality seen through the prism of technologists), it’s about politics. And, and as hard as it is for some to recognize, the center simply wins in business policy debates (especially on an issues that isn't naturally partisan). CDT is working in a Washington environment that is vastly different from Silicon Valley's or or any tech-savvy center. Put simply and wrong or right, most members of Congress (Democrats and Republicans) believe that P2P equals theft. Many also understand that technology mandates don't work. Still, without reinforcement from those in the tech industry, current theft could lose to possible, unknown innovations.
See also, CDT's
David Sohn respond to
Freedom to Tinker's criticisms:
Comments on CDT Closes Eyes, Wishes for Good DRM.
posted by Ernest Miller |
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Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
1. Douglas K. Lay on June 11, 2005 05:44 AM writes...
"And, and as hard as it is for some to recognize, the center simply wins in business policy debates (especially on an issues that isn't naturally partisan)."
Two things bother me about this little pithy homily.
First, Grokster and related issues (broadcast flag, DMCA section 1201(b)) are primarily technology policy debates, not business policy debates. Changing the terminology implicitly relegates non-commercial developers (of content as well as technology) to the sidelines.
Second, while both business and technology policy should involve compromise between various interests, the whole area of digital copyright policy is so new and in flux that it's doubtful anyone, no matter how well-connected, has any idea where the "center" is. Where was the "center" in 1999 when the DMCA was passed unopposed, compared to the "center" in late 2004 when the Induce Act couldn't get out of committee? It seems like the "center" is going to be pretty widely up for grabs over the next few years, and CDT's vision of consumer-friendly DRM at the "center" is just one hat among many in the ring. A hat with a number of holes in it, as both Felten and Miller have pointed out quite eloquently.
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