And while we are on the subject of corporate gamesmanship (see the last post), I just saw an email from a group called Protect Fair Use urging support for H.R.107, and pressing me to "Tell Congress You're No Pirate," and to fight against the "big movie studios" that are trying to "take away your fair use rights." The gist of the pitch is that I should be able to make back-up copies of DVDs, and that only a greedy poltroon could oppose this.

I was touched by this concern for the little man, this uprising of the digital masses. But years in Washington have made me cynical. So I noted that the site was sponsored by 321 Studios, which sells software that cracks the encryption protecting DVDs, and that stands to make much money if this product is legalized. And the site was designed by e-advocates, a group which describes itself as:

"[T]he nation's premier, full-service Internet and grassroots advocacy consulting firm backed by the commitment and expertise of Capitol Advantage, the nation's top provider of cyberlobbying technology. e-advocates helps organizations harness the power of the Internet to achieve legislative and political objectives, offering clients a full range of advocacy consulting services. Our campaigns generate online grassroots action and off-line legislative wins."

Is it possible, do you think, that e-advocates and Capitol Advantage charge money for their services? That they will share in the booty if they persuade Congress to redefine property rights so as take them away from the motion picture industry and give them to someone else, such as 321? And that this Internet demonstration has all the spontaneity of Red Square as of about 1950?

The scope of proper fair use rights is an interesting, difficult, and important question. But I have seen no evidence that large numbers of DVDs are defective or that there is any particular need to back them up. I do know that legalizing the de-encryption of DVDs would make it very difficult to control piracy, which is certainly not in the interests of consumers as a class. This interest is in having everyone pay for their DVDs so that they share the costs and everyone gets the products as cheaply as possible.

So once again, in my view, the moral balance is the reverse of where the opponents of property rights and markets would have you believe -- it lies with those of us who defend these institutions.

posted by James DeLong @ 9:25 AM | General

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