Phyllis Schlafly on copyright extremism

[Kragen Sitaker]

I don't agree with Phyllis Schlafly on abortion, gender equity, or
most other issues we both care about; but I agree with her on this.

It gratifies me to see such a strong bipartisan coalition forming
against intellectual-property excesses.

http://www.townhall.com/columnists/phyllisschlafly/printps20021231.shtml

   Copyright extremists shouldn't control information
   Phyllis Schlafly, December 31, 2002

   Copyright extremists are working to control as much information as
   possible. Almost every week we see a new example of how they are
   thwarting the free flow of information.

   The leaders of the copyright lobby are the Hollywood movie
   distributors and the major music corporations known as music labels.
   The latter dont create any music; they just market and distribute CDs
   with music after they acquire control of the copyrights.

   The major music labels operate through a lobbying organization called
   the RIAA (Recording Industry Association of America) to maintain their
   monopolistic interests and stifle the online distribution of music.
   Its five largest members, which sell 85 percent of all CDs, were found
   by the Federal Trade Commission in 2000 to have unlawfully kept the
   retail prices of CDs high.

   The RIAA has pressured colleges into policing the computer networks
   used by their students. It has subpoenaed computer network providers
   in order to track people listening to music. The U.S. Naval Academy
   seized 100 student computers suspected of containing unauthorized
   music and threatened the Annapolis midshipmen with court-martial and
   expulsion. These fine students are training to fight a war in behalf
   of our country, and they should be allowed to listen to a little music
   in their spare time.

   The copyright extremists argue that essentially all downloaded music
   is illegal. They successfully lobbied Congress into extending
   copyright terms to life of the composer plus 70 years, and now they
   claim that copyright owners can dictate how, where and when people
   listen to music.

   The U.S. Supreme Court is currently considering a challenge to the
   constitutionality of the latest copyright extension. Congress has
   extended the time period 11 times in the past 40 years.

   All authority for copyright law comes from the U.S. Constitution,
   which states that the purpose of copyright protection is to promote
   the progress of science and useful arts and that copyright protection
   is granted only for limited times.

   The RIAA tried to put small radio station Webcasters out of business
   while secretly giving National Public Radio affiliates a sweetheart
   deal not available to other radio stations. Only last-minute
   intervention by outgoing Sen. Jesse Helms, R-N.C., gave small radio
   stations the legislative right to play music while paying reasonable
   royalties.

   A teenager is on trial in Norway for figuring out a novel way to play
   DVD movie discs on his personal computer. He should be commended for
   his ingenuity, not punished.

   Adobe (a U.S. computer software company) persuaded U.S. law
   enforcement to throw a visiting Russian scholar in jail after he
   revealed some shortcomings in an Adobe e-book product at a public
   conference in this country. He was eventually released on condition
   that he testify against his own company.

   The company has just been acquitted in a jury trial. Adobe could not
   find any example of anyone using the Russian software improperly.
   Major retailers are now using copyright law to try to stop Web sites
   from posting advance information about sales. Its understandable that
   retailers want to keep it secret that they might be cutting prices
   after a holiday, but that is not the purpose of copyright law.

   Microsoft now uses its Windows license agreement to try to limit
   criticism by its customers. It says, "You may not disclose the
   results of any bench-mark test of the .NET framework component of
   the OS Components to any third party without Microsofts prior
   written approval. ... All rights not expressly granted are reserved
   by Microsoft."

   The CEO of Turner Broadcasting says that television viewers are guilty
   of stealing if they skip the commercials. She said, "Your contract with
   the network when you get the show is you're going to watch the spots."

   Eight Hollywood studios have filed suit against local retailers who
   buy their videos and DVDs and then delete the nudity, violence and
   foul language for the benefit and at the expense of their customers.
   Hollywood doesnt lose any sales from this practice; Hollywood is just
   determined to force viewers to watch the lurid sex and violence.

   Copyright extremists are committing all this mischief under current
   law. Yet, the music labels and Hollywood argue that current laws are
   not strong enough, and they are lobbying for an assortment of new
   anti-consumer legislation.

   One proposal would allow them to vandalize computer networks that they
   believe might be transmitting unauthorized content. Another proposed
   bill would force computer equipment makers to rig their computers so
   buyers can only see and hear what is authorized, and another proposal
   would give copyrights to privacy-invading databases.

   The purpose of copyright law is to provide incentives and protection
   to authors to create and publish original works, not give corporations
   the power to control the flow of information. We should not permit
   copyright extremists to exploit current laws for that goal, and we
   should reject their demands that Congress give them even broader power
   to control and license information.

-- 
<kragen@pobox.com>       Kragen Sitaker     <http://www.pobox.com/~kragen/>
Edsger Wybe Dijkstra died in August of 2002.  The world has lost a great
man.  See http://advogato.org/person/raph/diary.html?start=252 and
http://www.kode-fu.com/geek/2002_08_04_archive.shtml for details.