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About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

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In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Copyfight

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February 20, 2012

More "Post" SOPA

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Posted by Alan Wexelblat

(apologies to Professor Post for punning thus on his name)

David Post took his Justia piece I mentioned last week and expanded on it for his regular venue, the Volokh Conspiracy.

In the expanded piece he both broadens and deepens his critique of SOPA and what has gone on around and since it. He continues to write for a largely legal-oriented readership, but don't let that discourage you. His analysis is thorough and worth keeping in mind as we move into the next phase of this war.

I wanted to pick one thought from his conclusion for my own comment. He writes:

Copyrighted works are important, culturally and economically, and they are worth protecting. They are not, however, sacred objects that we should protect at any cost.

I wanted to pull-quote this because it highlights a problem in the rhetoric that I've experienced in my own talks on these topics. If I say that I'm opposed to this or that regulation, or to a particular form of enforcement, or to a campaign of mass lawsuits, or whatever, then people leap to the conclusion that I must therefore be in favor of unfettered theft or denial of all rights and remuneration to artists. This is not true - I've tried in this blog to show a third way, to celebrate people and organizations/businesses that are crafting it. I think Post would agree that there are reasonable and appropriate ways to regulate, but SOPA wasn't even close to it.

Comments (1) + TrackBacks (0) | Category: Laws and Regulations


COMMENTS

1. Harry freaking Potter on February 20, 2012 5:21 PM writes...

The Government doesn't erect walls and fences and ticket booths for movie theaters to exclude non-payers, this is handled by the free market. Excluding non-payers allows for value, however- YOU HAVE NO RIGHT TO THE VALUE OF YOUR HOME. This is determined by free market prices. IP creates unnatural scarcity- when there is none. Government shouldn't be building ticket booths for businesses that choose to utilize the Internet. The Internet is the greatest free market tool the world has ever seen- and Government wants to destroy it! Let the free market create walls and ticket booths online- they'll figure it out if Government gets their fat ass out of our faces! Senator Hatch wants the Government to start blowing up computers- be prepared for the Internet war!
http://www.dethronehatch.com/orrin-hatch-is-no-friend-of-the-internet/

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