Law in the Internet Society

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JustinColanninoFirstPaper 16 - 23 Nov 2009 - Main.JustinColannino
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When we were discussing goods reproduced at zero marginal cost two serious objections were raised. The first was that the right to control the means of distribution was a major incentive for authors to write. Granting the right to collect rent in exchange for a distribution of the work allows authors to recoup the cost (and maybe more) of the time and effort spent writing. The second objection spoke to the moral right of authors; in order to control the context of their works - how and where they are presented - authors had to be able to control the distribution pipeline.
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One of the properties of the internet is that any two people are able to send bit streams to each other at zero cost. A side effect of this property is that people distribute copyrighted music, movies, and books to each other without seeking or obtaining permission of the copyright holder. Many authors (and entertainment executives) complain granting the right to collect rent in exchange for each distribution of the work is necessary for authors to recoup the cost (and maybe more) of the time and effort spent writing, and to control the presentation and context of their works.
 I support author rights, and recognize the importance of even aesthetic contributions. The most valuable time of my day as a law student are the hours I spend listening to music while I read - it keeps me focused, gives me ideas, and calms me down. A problem we face as we transition to an internet society is ensuring that the authors we read and the musicians we like have enough money so that they will continue devoting most of their time creating works to educate, inspire, and entertain us.
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However, if we decide as a society to stay the course so that the way to provide compensation and recognition to authors is to allow them to control and sell their distribution rights absolutely, even when making an additional copy is free, then I think that we owe it to ourselves to recognize the social costs imposed by such a system. This essay will proceed by observing how the distribution right fundamentally alters the distribution properties of works representable in digital form. Taking this observation, it will explore how a system that does not interfere with frictionless distribution could enhance our form of self-government.
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However, if we decide as a society to reject alternative methods of providing compensation and stay the course so that the way we provide compensation and recognition is to allow authors to control and sell their distribution rights absolutely, even when making an additional copy is free, then I think that we owe it to ourselves to recognize the social costs imposed by such a system. This essay will proceed by observing how the distribution right fundamentally alters the distribution properties of works representable in digital form. Taking this observation, it will explore how a system that does not interfere with frictionless distribution could enhance our form of self-government.
 

Phase Transitions and Charging for Distribution

A useful way of illustrating the cost of rents on distribution is through the concept of phase transitions. A phase transition can generally be thought of as an abrupt change in the behavior of a system at a critical point. In physical science, the most common example of a phase transition is the difference between water molecules at < 0°C, ice, and water molecules at > 0°C, water. Not limited to physical science, other examples of systems possessing a phase transition include certain NP-Complete problems and certain types of graphs.
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The Social Costs of Charging For Distribution

The fact that these properties are lost by allowing authors to charge rent on distribution has little consequence if we do not think that they are worthwhile to have. However, these properties have the potential to increase the effectiveness of our system of government. When we decided that ours would be a government by the people, we all took on the responsibility of governing, and took an interest in the education and development of ourselves and all of our fellow citizens. Every time we are confronted with a problem in this system the solution must come from us; we are all we have.
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The different properties of writings, music, or video which can be distributed at marginal cost zero and those which can not has implications on the behavior of this political system. When authors seek rent through the distribution right, there is an artificial cost applied to reading, watching, or listening. This barrier effects the reach of the works among the citizens, prohibiting access to those who will not or can not pay rent. Writings may even be lost completely to society if an injunction against their distribution is granted on behalf of the right holder. These barriers place constraints on the ability of citizens to develop and educate themselves through digesting works, constraints which could be removed for digital goods with a different mode of artist compensation.
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The different properties of writings, music, or video which can be distributed at marginal cost zero and those which can not has implications on the behavior of this political system. When authors seek rent through the distribution right, there is an artificial cost applied to reading, watching, or listening. This barrier effects the reach of the works among the citizens, prohibiting access to those who will not or can not pay rent. Writings may even be lost completely to society if an injunction against their distribution is granted on behalf of the right holder. These barriers place constraints on the ability of citizens to learn and develop through digesting works, constraints which could be removed for digital goods with a different mode of artist compensation.
 Removing these constrains might achieve a different type of phase transition in our political economy. As Meiklejohn noted in the quote at the beginning of this essay, in self-government wisdom in action can only be found in the minds of individual citizens. If we remove the barriers to development and education for us all, the structure of how our political system behaves will be altered and unexpected solutions may be, and are more likely to be, reached.

Revision 16r16 - 23 Nov 2009 - 23:48:21 - JustinColannino
Revision 15r15 - 23 Nov 2009 - 19:42:08 - JustinColannino
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