One of the supposed justifications for the intellectual monopoly called copyright is that it drives creativity and culture. In the last few weeks alone we have had multiple demonstrations of why the opposite is true: copyright destroys culture, and not by accident, but wilfully. For example, the MTVNews.com site, along with its sister site CMT.com, …
IA didn’t get sued for archiving. They got sued for mass redistribution.
Pretty sure that’s a basic function of a publicly operated archive, but for sure there was a lot of nuance.
That’s the point, though. The law is very clear that mass distributing wholesale copyrighted works isn’t fair use. Digitizing it was the part justified by fair use “archival”. Distribution isn’t.
You have to start over and throw out the old laws. Right now there’s no framework to own a file at all (outside of actually holding the copyright). It’s always a license.
Throwing them out and restarting is a lot harder than restarting without throwing them out.
The core concept of ownership and copying needs to change if you want anything resembling what IA did to be protected. Because the underlying premise behind copyright legislation that that any unauthorized copy needs a specific exception to be legal, and it’s impossible to use digital files without numerous copies.
That’s starting from scratch.
Okay but you can literally just overwrite laws without making a period inbetween where anything and everything is allowed. That’s fucking stupid.
Where did anyone say anything that resembles “make a free for all in between” in any way?
The core concepts of current laws are completely incompatible with any form of actual ownership in a digital world. You need to write new laws that start from the ground up with concepts that work.
You, then.
You should work on your reading comprehension.