[pp.int.general] philosophy vs. action
Reinier Bakels
r.bakels at pr.unimaas.nl
Fri Jan 16 13:46:56 CET 2009
> Totally agree.
>
> There are more "pirate" issues, though:
> * software patents
> * privacy violations: CCTV cameras everywhere, RFID tags in ourselves
> * freedom/security balance
> * etc
>
> So we need a "philosophy", which is supposed to be the Manifesto.
> The Manifesto needs to address all (or most of) the main core issues, in a
> way that we all agree.
>
> When we have the manifesto, we will be able to fight back the copyright
> lobby and all the other menaces to our freedoms.
OK ,we are getting close now. To play the devils advocate:
* Doesn't someone who contributes a brilliant trick for building software
have the "human" right of a software patent? It is his (her) labour and
creativity, anyhow ...
* Don't we need pervasive surveillance in a world full of terrorist threat +
"ordinary" criminality such as street violence? Isn't personal integrity a
human right? Elderly people are very happy if cameras are installed e.g. in
public transportation because it gives them a feeling of safety.
These arguments - I repeat - are by no means nonsensical. The proponents of
such ideas only make different trade-offs.
In sum, if you need a philosophy, human rights simply do not give the
answers. It is the trade-off that matters. Restore the balance. Which needs
counterweight on the political balance. Which is the PP.
Last monday I heard a visionary lecture about the future of copyright, by a
renowned professor who is known to be critical on copyright proliferation.
Harmonisation in Europe is a failure, despite numerous diectives. We need a
European copyright act. Which should be fundamentally restructured.
Presently, the conntinental European "authors right" system has "limitations
and restrictions". Actually, with the Anglo-Saxon "fair use" principle it is
not essentially different: the suggestion of such regulations is that the
principle is a very broad right, while the "limitations and restrictions"
are the exceptions. The professor argued that a very different perspective
is needed: it is wrong to talk about exceptions: they are an integral part
of the regulation. Some have argued that is better to talk about "user
rights".
Having said all this, I am afraid it is very ambitious for the PP to propose
some sort of 21th century copyright blueprint. Altering the utterly
unbalanced political decision making process is a realistic, short-term
objective, and, realistically, a major overhaul of copyright is unlikely
anyway. Small steps should lead the way. For a political party, it is pretty
logical to limit (at least initially) the ambition to improving the process.
Not: economists say A so you should adopt regulation B, but: have you asked
expert advice from economists (preferably more than one!), and have you
taken that advice into account?
As I reported earlier, the EU Commission recently blatantly ignored advice
it actually commissioned (=paid) itself!
http://www.ivir.nl/nieuws/open_letter_concerning_european_commissions_intellectual_property_package.html
Incidentally, for a more balanced decision making no political reforms are
required: if only the PP is there, it can exert influence! It is the
"catalytic" approach I recommended earlier. Asking questions will also
trigger other politicans.
reinier
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