Metaphors, moral panics, folk devils, Jack Valenti, Joseph
Schumpeter, John Maynard Keynes, predictable irrationality, and
free market fundamentalism are a few of the topics covered in this
lively, unflinching examination of the Copyright Wars: the pitched
battles over new technology, business models, and most of all,
consumers.
In Moral Panics and the Copyright Wars, William Patry lays bare
how we got to where we are: a bloated, punitive legal regime that
has strayed far from its modest, but important roots. Patry
demonstrates how copyright is a utilitarian government program--not
a property or moral right. As a government program, copyright must
be regulated and held accountable to ensure it is serving its
public purpose. Just as Wall Street must serve Main Street, neither
can copyright be left to a Reaganite "magic of the market."
The way we have come to talk about copyright--metaphoric language
demonizing everyone involved--has led to bad business and bad
policy decisions. Unless we recognize that the debates over
copyright are debates over business models, we will never be able
to make the correct business and policy decisions.
A centrist and believer in appropriately balanced copyright laws,
Patry concludes that calls for strong copyright laws, just like
calls for weak copyright laws, miss the point entirely: the only
laws we need are effective laws, laws that further the purpose of
encouraging the creation of new works and learning. Our current
regime, unfortunately, creates too many bad incentives, leading to
bad conduct. Just as President Obama has called for re-tooling and
re-imagining the auto industry, Patry calls for a remaking of our
copyright laws so that they may once again be respected.
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