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Thursday, July 28, 2005

Taking Shots at Compulsory Licenses

Those readers concerned about the government's ability to manage IP compensation will enjoy PFF's latest Progress on Point, "Why Government Can't Be Trusted With Trust Funds: A 118-Year-Old Case Study Highlights the Dangers of Compulsory Licensing." It notes the frightening failure of the Department of the Interior to properly manage property rights for Indians who had their land taken in the 19th Century, and compares that to current models proposed by defenders of infringing P2P downloading that involve government taxation and rerouting of royalties. I note that in a 10-year suit still ongoing against the federal government, the fed's defense is that it's impossible to manage such a project, so they shouldn't be culpable.

I first introduced this paper when speaking last month at a symposium on IP hosted by the University of Maryland. A college student, clearly enamored with the Free Culture Movement, told me he had enjoyed the paper. What I enjoyed was that, even though it went after his heroes -- EFF, Fisher, Lessig, the Berkman Center -- he had no rebuttal to its arguments, and admitted he didn't care for compulsory licensing.

It's a start.

posted by Patrick Ross @ 10:38 AM | Internet: P2P, Search Engines...

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