During a panel discussion at LFSCon (see p. 5), L. Neil Smith said "We need a new ownership paradigm [for intellectual property]." It seems likely that one of the 21st century's great conflicts will be over copyright law. Corporate owners of valuable intellectual property support longer lasting copyright; many academics oppose it, as a barrier to the free discussion their community is based on; and many people use the Internet as a tool for transferring information without regard to the claims of its owners.
Historically, copyright is of recent origin; it developed only after the invention of the printing press. In the era of hand copying—by medieval monks, for example—there was no concept of copyright. The printing press meant that large numbers of copies could be produced and sold, with a significant capital investment that had to to protected. Now, with photocopying, computers, and the Internet, large numbers of copies can be produced and exchanged with only minimal capital. The ease of copying makes it harder to produced an income stream from intellectual property, as the Napster case made clear. Whether it will still be practical to enforce intellectual property rights in their current form is uncertain. It's hard not to feel divided sympathies in this situation. On one hand, libertarians support property rights; on the other hand, file sharing involves exactly the kind of decentralized voluntary cooperation that libertarians admire. Smith's call for a new paradigm is well timed.
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