Archive for October, 2009
I swore that I wouldn’t put off CLEs again…
October 19, 2009…but I did. I’m now catching up on CLE requirements (due end of this year). Some notes to keep my mind working while I watch hours of video. There is actually a lot of interesting stuff (but, then again, I’m a lawyer).
Here is my first one:
A Lawyer’s Guide to Navigating Intellectual Property in Cyberspace (Original date: August 5, 2009)
- I’m very tired of the overused and tired term Cyberspace
- Not illegal to own URL that infringes on trademark. It’s illegal to do anything with it. (Is this an accurate statement of the law?) Read the rest of this entry »
On Newspapers
October 12, 2009This is a must read for anyone interested in the newspaper industry and the future of journalism. Newspapers and Thinking the Unthinkable.
It makes me remember the internal debate at the LA Times whether to place www.latimes.com on the print masthead (if you can believe it).
The problem newspapers face isn’t that they didn’t see the internet coming. They not only saw it miles off, they figured out early on that they needed a plan to deal with it, and during the early 90s they came up with not just one plan but several. One was to partner with companies like America Online, a fast-growing subscription service that was less chaotic than the open internet. Another plan was to educate the public about the behaviors required of them by copyright law. New payment models such as micropayments were proposed. Alternatively, they could pursue the profit margins enjoyed by radio and TV, if they became purely ad-supported. Still another plan was to convince tech firms to make their hardware and software less capable of sharing, or to partner with the businesses running data networks to achieve the same goal. Then there was the nuclear option: sue copyright infringers directly, making an example of them.
As these ideas were articulated, there was intense debate about the merits of various scenarios. Would DRM or walled gardens work better? Shouldn’t we try a carrot-and-stick approach, with education and prosecution? And so on. In all this conversation, there was one scenario that was widely regarded as unthinkable, a scenario that didn’t get much discussion in the nation’s newsrooms, for the obvious reason.
The unthinkable scenario unfolded something like this: The ability to share content wouldn’t shrink, it would grow. Walled gardens would prove unpopular. Digital advertising would reduce inefficiencies, and therefore profits. Dislike of micropayments would prevent widespread use. People would resist being educated to act against their own desires. Old habits of advertisers and readers would not transfer online. Even ferocious litigation would be inadequate to constrain massive, sustained law-breaking. (Prohibition redux.) Hardware and software vendors would not regard copyright holders as allies, nor would they regard customers as enemies. DRM’s requirement that the attacker be allowed to decode the content would be an insuperable flaw. And, per Thompson, suing people who love something so much they want to share it would piss them off.


