Intellectual property law cannot be patched, retrofitted, or expanded to contain digitized expression any more than real estate law might be revised to cover the allocation of broadcasting spectrum (which, in fact, rather resembles what is being attempted here). We will need to develop an entirely new set of methods as befits this entirely new set of circumstances.
Predictor: Barlow, John Perry
Prediction, in context:In a 1994 article for Wired magazine, John Perry Barlow, a co-founder of the Electronic Frontier Foundation, discusses patents and copyrights in the digital age. Barlow writes: ”The accumulated canon of copyright and patent law, was developed to convey forms and methods of expression entirely different from the vaporous cargo it is now being asked to carry. It is leaking as much from within as from without. Legal efforts to keep the old boat floating are taking three forms: a frenzy of deck chair rearrangement, stern warnings to the passengers that if she goes down, they will face harsh criminal penalties, and serene, glassy-eyed denial. Intellectual property law cannot be patched, retrofitted, or expanded to contain digitized expression any more than real estate law might be revised to cover the allocation of broadcasting spectrum (which, in fact, rather resembles what is being attempted here). We will need to develop an entirely new set of methods as befits this entirely new set of circumstances. Most of the people who actually create soft property – the programmers, hackers, and Net surfers – already know this. Unfortunately, neither the companies they work for nor the lawyers these companies hire have enough direct experience with nonmaterial goods to understand why they are so problematic. They are proceeding as though the old laws can somehow be made to work, either by grotesque expansion or by force. They are wrong. The source of this conundrum is as simple as its solution is complex. Digital technology is detaching information from the physical plane, where property law of all sorts has always found definition.”
Biography:John Perry Barlow helped found the Electronic Frontier Foundation in 1990 with WELL (Whole Earth ‘Lectronic Link) members Mitch Kapor and John Gilmore in direct response to a threat to free speech. Barlow’s was one of the loudest voices in the battle to keep the Internet unfettered while still encouraging that it become a tool available to everyone. (Advocate/Voice of the People.)
Date of prediction: January 1, 1994
Topic of prediction: Controversial Issues
Subtopic: Copyright/Intellectual Property/Plagiarism
Name of publication: Wired
Title, headline, chapter name: The Economy of Ideas: A Framework for Patents and Copyrights in the Digital Age (Everything You Know About Intellectual Property is Wrong)
Quote Type: Direct quote
Page number or URL of document at time of study:
http://www.wired.com/wired/archive/2.03/economy.ideas_pr.html
This data was logged into the Elon/Pew Predictions Database by: Anderson, Janna Quitney