DRM, SOPA,
PATENTS, COPYRIGHT AND I.P.
There is an
ongoing and vigorous debate about the whole issue of intellectual property,
copying and protection that I want to discuss.
There are
many issues here, and I want to go back to the whole purpose of having
protection mechanisms.
The idea
behind patents and copyright is to encourage invention and original work by
ensuring that other people cannot benefit others by copying who have not put in
the effort to create the work (and who maybe do not have the talent or
ability).
Or rather,
it is to ensure that the originator can benefit, and hence can continue to
produce other works and derive financial benefit from them.
And here
perhaps we come immediately to the nub of the whole issue. Does it matter if
other people benefit parasitically from my original work, providing that I can
benefit from it myself?
It would be
reasonable to suggest that it does not matter, providing that I can benefit in
an amount that is appropriate to the work.
Now some
might say that I should be able to benefit to the maximum amount possible,
because that would enhance the incentive to produce further work, and ensure
that I would not suffer if I was unable to continue to be creative.
At first
sight this might seem reasonable, but there are a couple of points relating to
this view. Firstly, it is (as much in life), ultimately about proportionality.
If I produce a creative work that requires a great deal of effort and talent,
it is fair that I should receive a commensurably large reward. A work that
requires a small effort and little talent would seem not to deserve a large
reward.
The
difficulty comes with the other cases: work that requires little effort, but
large talent, and that which requires large effort but little talent. How should
these be rewarded?
The free
market approach would suggest that great talent will be given great reward (if
there is also great demand), but that great effort will not be so rewarded
because it is easily provided by others.
And here we
come up against a moral conundrum also at the heart of the issue.
Why should
Paul McCartney be paid a million pounds for writing a song that takes him a few
hours, when a teacher or nurse has to labour for a lifetime to earn less?
It is easy
to say, “Well, that’s just the way it is”, and in a sense, that is so. But
remember that the songwriter can only earn huge amounts because of two things.
There exists a large market of willing consumers, and the cost of distributing
copies to them is small.
Before
recording was possible, musicians did not earn huge amounts. The great few did
quite well, because of support from the rich, but there was not the same opportunity
to tap mass markets at low cost.
We are left
with the question, what is an appropriate reward for these works? The standard
reply is that is impossible for people to agree on the amount, so it must be
left to market forces to decide.
Now when it
is possible, as it now is, to copy digital works at almost zero cost, and in
large numbers, the issue becomes confused. It is possible to argue that the
‘free market’ has become exactly that – copies available free, because the cost
is also free. The only obstacle to this happening is the protection of
intellectual property rights.
The problem
is, though, that the solution is rather one sided. Prices (the financial
reward) are effectively controlled by the rights, and there is a gulf between
the protected price and the free market price. Which is why rampant copying
exists in the internet, and by DVD copying in some parts of the world.
The world
is changing rapidly, and existing business models are often past their sell by
date. Price structures for digital media are still based on the pre digital
age. Adjustment can be painful, but one conclusion that is impossible to avoid
is that end user prices for digital media have been kept too high.
The
industry has been slow to adapt, and has sought to fight rather than embrace
the digital revolution. The more enlightened have realised that a certain
amount of free distribution by copying is in itself a form of marketing, and
can actually increase physical media sales rather than undermine them.
I now want
to move on to the issue of patents. These exist for much the same reason as
copyright, to protect those responsible for innovative methods of creating new
products.
Again,
there needs to be appropriate protection without providing a guarantee of
excessive rewards available through digital copying and the mass world market.
The time
period is a key issue in all these right protections. Some of them have
increased, at a time when the world is moving faster, product lead times are
reducing, and market windows are narrowing. This seems illogical, to say the
least.
I really see no reason why the grandchildren of an author should be able to benefit from works he wrote before they were born (I write as the son of an author - I don't feel I have the right to his work long after his death).
The whole
idea of software patents seems to be dubious to me. I worked in the software
industry for many years. Most, maybe all, software is based on the ideas of
previous work. Much is based on algorithms that have their roots in history.
Nobody has suggested (so far) that you should be able to patent a mathematical
theorem, but there can be a thin line between that and a software program.
There is very little in the software world that is truly of ground breaking
originality. If there is, it is likely to have come from some research
department rather than a commercial software company.
It is
sometimes suggested that, if you could not patent software, that it would make
new software development unprofitable. That is nonsense. Somehow I do not see
Apple ceasing to bring out new versions of software even if they could not
patent any – same goes for Microsoft.
It is
argued that small innovative companies that produce new software products would
no longer do so without patent protection. Again, I simply do not believe it. A
new innovative internet company can be born, thrive, and sell itself to Google
for a million dollars in a very short space of time. Patent protection, in any
case, will often not protect these small companies, because the legal
department of the giants can tie them up until it ceases to be valuable.
In fact, I
strongly believe that software patents do more harm than good, and simply
should not be allowed.
The whole
issue of I.P. rights should be greatly simplified and reduced. Rights should
provide appropriate reward, but not guarantee excessive rewards provided by
technology and mass markets. The time period for any such rights should be
severely restricted
to reflect
the realities of today’s world – say one year (but I’ll take a second opinion).
Technology
is rapidly driving down the cost of products, and any rights provided have to
reflect that. Rights for artistic works, too, have to be limited. I have
nothing against J.K. Rowling, but see no reason why she should have an absolute
right to be rewarded with hundreds of millions, however talented she may be
(she does, thankfully, recycle some of those rewards through charities).
A short
protection period, together with sensible pricing, should lead to a reduction
in free copying, and an ability to reap reasonable reward. I do not believe
that artists will cease to exist if they cannot hope to achieve massive
financial success – most are not going to anyway. Art is driven by emotional
need more that finance.
A
combination of sensible pricing by media companies, and a reduction of the
rights business, should ensure a sensible approach to the whole issue in times
to come.
Dream on.