The future of copyright will most likely not be determined by a cost benefit analysis

So i finally managed to start reading the ‘Future of Copyright‘ anthology that contains the winning essays from a contest organised by the Modern Poland Foundation. So far (i have not read them all) my favourite essay is ‘Give‘ by Togi, which i read as powerful argument that systemic change (and not just reform) is not only much needed but also possible. While his overall line of argument is pretty convincing (to me), i have a bit of trouble following one of his (her?) central arguments (Mike Linksvayer makes a very similar point in his review of the anthology):

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At the point where government profit from copyright/IP is negated by the cost of its enforcement (both in monetary terms and in terms of public goodwill), free culture will be permitted.

While this would be the logical thing for governments to do, there is ample evidence that governments don’t work like this. This seems to be especially true in conflicts that are rhetorically packaged as ‘wars’. The ‘war on drugs’ is the best example of this (if this does not make sense to you listen to the last point bought forward in this episode of the planet money podcast), but it is also true for the ‘war on terror’. Given this i think it is rather naive to expect (as Togi does) governments to succumb to rational economic thinking when it comes to the war on piracy sharing.

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