Wednesday, November 12, 2008

A shift in law to match culture...?

An argument in Eben Moglen’s “dotCommunist Manifesto” holds that universal education is a means of enlisting people into the habits of consumption. The rise of literacy and skilled proficiency in the use of technology have both led to shortcut ways of consuming culture and products. I would like to expand on this notion and relate back to our second midterm assignment. The two current California Senators, our president elect, his opposing candidate and most lawmaking officials are Pro-IP. Law makers are supposed to create legislation in the best interest of the public majority. It wasn’t originally surprising to me that the two California State Senators were cosponsors for bill S.3325, a bill later signed into law that would increase protection and oversight of intellectual property. Afterall, California is home to Hollywood and Silicon Valley, two thriving economies spurred by innovation and creativity. But Hollywood and Silicon Valley hardly represent the majority of America. This leads to my next point—file sharing, illegal downloading and all that deemed “copyright infringement” by law has become such a normal part of our culture, of our everyday life and of our nation’s majority. If that is the case, then will we ever see IP law change so that it becomes less punitive and legally consequential? Could we expect to see a shift away from copyright maximization toward copyright minimization? Or are our law makers more concerned with protecting the big companies like those coming out of Hollywood and Silicon Valley?

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