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Three technological trends--the ubiquity of information in digital form, the widespread use of computer networks, and the rapid proliferation of the World Wide Web--have profound implications for the way intellectual property (IP) is created, distributed, and accessed by virtually every sector of society. The stakes are high in terms of both ideology and economics. Not surprisingly, much discussion of these issues has occurred in the Congress, among stakeholder groups, and in the press. But the effects of the information infrastructure extend beyond these institutions; as never before there are also important and direct effects on individuals in their daily life.
The information infrastructure offers both promise and peril: promise in the form of extraordinary ease of access to a vast array of information, and peril from opportunities both for information to be reproduced inappropriately and for information access to be controlled in new and problematic ways. Providing an appropriate level of access to digital IP is central to realizing the promise of the information infrastructure. Ensuring that this appropriate level of access becomes a reality raises a number of difficult issues that in the aggregate constitute the digital dilemma. This report articulates these difficult issues, provides a framework for thinking about them, and offers ways of moving toward resolving the dilemma.
One salient theme in the committee's conclusions and recommendations is an acknowledgment of the multiplicity of stakeholders and forces that must be considered. Intellectual property has a pervasive impact in society, resulting in a corresponding diversity of interests, motivations, and values. Some stakeholders see the issues in economic terms; some in philosophical terms; others in technological terms; and still others in legal, ethical, or social policy terms. There are also a variety of important forces at work--regulations, markets, social norms, and technology--all of which must be considered and all of which may also be used in dealing with the issues. Knowing about the full range of forces may open up additional routes for dealing with issues; not every problem need be legislated (or priced) into submission. Individuals exploring these issues are well advised to be cognizant of all the forces at work, to avoid being blind-sided by any of them; to avail themselves of the opportunity to use any of the forces when appropriate; to be aware of the process by which each of them comes about; and to consider the degree of public scrutiny of the values embedded in each.
The committee believes that the issue of intellectual property in the information infrastructure cannot be viewed as solely a legal issue (as it was, for example, in the white paper Intellectual Property and the National Information Infrastructure, IITF, 1995) or through any other single lens. Such an approach will necessarily yield incomplete, and often incorrect, answers. One of the committee's key contributions is to urge an appropriately broad framework for use by policy makers, one that acknowledges the full spectrum of stakeholders and forces.
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The Digital Dilemma: Intellectual Property in the Information Age is a methodical, detailed and objective analysis of the current problems with copyright and patent policies in the Information Age. From the music industry and big business to libraries, archives and individuals, the stakeholders vary widely in their behaviour, attitudes to and understanding of the law. Issues such as private use versus fair use, technical protection services (encryption, access control mechanisms, fingerprinting, watermarks and digital signatures for example), the problems with the DMCA, privacy concerns, consumer ignorance and the lack of essential data on the behaviour and attitudes of private individuals are examined in great detail. The essential question is raised of whether control of "the copy" (replication and distribution) is suitable or even necessary in the digital context. The effect that business models and licensing (contract law) are having on copyright is stressed, while the issues of privacy and access to information are explored in this context.
The distinguished committee that prepared this analysis issues sensible, balanced recommendations and provides a good framework for policy-makers to follow (see the essential
20-point checklist.) This book should be required reading for senators, parliamentarians and other representatives, particularly those presiding on any committee, caucus or advisory panel dealing with IP in the digital environment. The appendices provide technical details in a fashion that is relevant and accessible to the layman. The economic analysis is particularly interesting, as is the appendix on TPS (technical protection services.)
You can read the entire book online, but if you don't have the patience, the
Executive Summary is of most interest. A similar, yet understandably not as representative, report can be read
here. {P.S. thanks to
multi for posting the link.
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The Digital Dilemma isn't flavoured with idealism or fundamentalism. Instead, it presents the issues clearly and factually, examines them from all sides, and provides some practical suggestions for change. Though published in 1999, the book is even more relevant today than it was then. No matter what side of the debate you stand on, this book will challenge and stimulate both your perceptions and principles without provoking any sense of moral outrage. For that reason, this is highly recommended reading!
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Finally, a copyright campaign using heavy-handed, preachy, antipiracy rhetoric may backfire because it insults the public, rather than appealing to people's better judgment. Some lessons from prohibition in the early 20th century should be remembered: Heavy-handed rhetoric and enforcement practices bred less respect for the law, not more, and left people feeling justified in flouting the law.
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Too bad the RIAA didn't heed these words.
07-10-03, 07:05 PM
The Digital Dilemma...
Re: The Digital Dilemma...
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