3/1/08

Ethics or Fear

Here is a really interesting thread about banjoists and copyright.

In Barlow's 1994 essay, he discusses how with the "third wave" of economic development, in which information replaces land and other tangible items as the mainstay of our economy, a new system of intellectual property protection is needed to replace the now-defunct copyright laws.

Barlow makes an interesting argument in both his 1994 and 2000 essays. He claims that as we move further and further away from effective lawful control of the internet, "ethics are going to make a major comeback."

I find Barlow's argument compelling, and I've personally witnessed its application, but I'm wondering if we are really there yet. In this post, "Musicians Censoring Themselves," isn't it fear that keeps the banjoists from sharing not only musical notation but also personal knowledge? How much of the lack of sharing here is based on ethics and how much on fear of being attacked by the law? Interesting stuff, considering our constitution's copyright law is supposed "To promote the Progress of Science and useful Art."

1 comment:

entremanureal said...

The point made on "Musicians Censoring Themselves" certainly highlights how copyright law hasn't yet caught up to society's use of the Internet. Ben laments, "For centuries, musicians have been teaching and learning from each other, imitating and improvising together... and now we have some hobbyists who are afraid to show each other how one particular person happened to improvise some accompaniment on one particular recording? Yeesh!" But as Lessig pointed out, until the law can be updated to reflect the tools of authorship (and in this case, teaching), creativity (and the tutelage that goes with it) will be harmed, if not completely squashed. Fear is definitely playing its part in this case.