We Need a Balance
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With the world increasingly moving to digital technologies for the creation, dissemination, and storage of all our data, who owns the rights to the various items? And how is this balanced with fair use?
Free speech is under attack according to a report (2 MB PDF) from 2 people at New York University Law School. Not sure if they are professors, but they are worried about the first amendment rights that have been granted to US citizens for so long. It sounds like doom and gloom and the line of where copyright infringement occurs is harder and harder to discern.
In skimming the report and reading about this in the news, the thing that is most troubling is the fact that a simple complaint to an ISP can result in a site being taken down. The issue of infringement isn't even proven, no legal proceedings required and companies can easily squash in individual without spending any money in the courts.
I think this is huge problem in the US where our freedoms are cherished and an important part of our culture. Whether it's the Patriot act, the DCMA, or any other legislation that circumvents due process, it is a bad idea and moves us in a direction that I don't want to go.
We all build on the shoulders of others when we create something. And that ability needs to be encouraged, not stifled.
Steve Jones
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Steve,
I agree 100%. In the past I was in the military to defend our freedoms and more of them are taken away from me daily.
I especially love the fact that IF 1 person doesn't like something and they complain it can ADVERSELY affect millions....
I heard an e-mail read last week that basically stated: Our country was founded on freedoms and one of those is "If you don't like it you are free to leave...."
Thank you for putting my feelings about this whole subject together clearly and concisely.
Good Hunting!AJ Ahrens
webmaster@kritter.net -
Sorry to pick nits but there is a huge difference between a privately owned ISP revoking a site and the Federal Government doing so. You do not have a constitutional free speech right to post things on my ISP but you do have the right to not have the government pull your content off your ISP.
That is a point that way too many Americans don't understand. The constitution protects us from the government, not each other. That is what the rule of law is for...
Robert
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I wanted to post a comment but then thought that the government will read it and keep it in my file. That's the freedom of speech - I am already afraid to speak up.
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As a Canadian I can offer an observation that might make you feel better, Steve: you still have a heck of a lot more freedom than we do.
While our political wags crow about our marvellous health care, social support system, etc., the reality is that we're taxed at a god-awful level to provide some hellishly inefficient services -- and we still have a large number of homeless, helpless people floating around. It weakens the ability of individuals to participate effectively in our society. I would love to hear the kind of discourse here that I hear from south of the border, but most Canadians seem to have bought into the government as a wise parent BS.
The Americans I've known all have a few traits that remain broadly visible from afar. The sense of adventure, risk-taking, confidence and underlying defence of the rights of individuals show through in everything the world sees. (Then again, some of the world doesn't seem to appreciate a few of those traits, which says a lot more about them and their point of view.) Now, admittedly, a few could use some basic manners, but my experience has been that jerks come in every nationality.
What is kind of troubling is that you don't have to be a militia-minded type to see that your government is playing pretty fast and loose with the law in regard to protection of individuals. I think, though, that this too will pass. I somehow can't see the average American putting up with invasive government behaviour for long.
As for copyright law, part of the problem is that people at an individual level have forgotten that just because laws allow stupid behaviour, doesn't mean we have to engage in stupid behaviour.
PS: I attribute any original thought in this message to some ancient proto-human, making these thoughts public domain...unless some company just copyrighted the term proto-human, in which case I blame my cat...
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Thanks and Frank, I can certainly agree. Our agressive, pioneering spirit has served the US well, but it has definitely led to a lack of social graces
The ISP issue is disheartening because they are bowing under to attacks on our Freedom of Speech without due process. I admit that if you research and determine that copyright violation has taken place then you can pull down content, as we have done here. But we spent time to determine that and did not blindly react to an email from someone.
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I agree with most of what has been said... I'm for sure the less gov. is more type of person. Even though it might be nice if the ISP looked into it before removing the site I can't say I wouldn't do the same. Some hosting sites collect just enough to offer the basic service and can not spend time looking into a copyright claim. The bottom line on the finance statement is truely better off to lose a customer than invest the time and potential lawsuit for not doing it. Yes, it's the easy way out right or wrong. Yes, the person claiming the copyright problem should not be able to sue the ISP because of what someone else did. What can I say... it depends on how the judge or jury sees it not me.
Like someone else said jerks come in all nationalities. It just so happens that here in the USA we some from everywhere
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One more note on the ISP. I guess it comes down to who is the ISP more afraid of? Their customer or the person claiming the copyright problem?
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I suspect that many people today do not remember Dwight Eisenhower, much less his prescient warning about the "Military Industrial Complex." That is too bad. What we are seeing is a twofold development: One-the onset of a security state which uses the threat of terrorism to justify it's anti-democratic and in some case, downright unconstitutional actions; and Two-a greed driven corporatocracy which uses massive lobbying efforts (aka bribery) to co-opt government into doing it's bidding and to hell with the rights of individual citizens. Ironically, the latter uses its own version of terrorism, (i.e. piracy) to justify it's actions.
I wish I could be as optimistic as to believe that Americans would not long stand for such deprivations of their liberty but increasingly, Americans seem to be so easily cowed or divided by ideology straw-men that I doubt they will wake up until their freedoms are eroded beyond recovery. Our forefathers were made of sterner stuff. Perhaps decades of fast food, and a couch potato lifestyle have taken their toll.
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I'm going to pick a nit also.
"the first amendment rights that have been granted to US citizens "
US citizens have not been granted rights, not even by the Constitution. All people are born with the same rights. We in the US are just lucky to live in a country where the government respects more of those rights than practically anywhere else in the world. Unfortunately, the government is starting to infringe more and more these days.
The Consitution is not a granting of rights to people. It is the people delegating power to the government.
Robert
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