Hi everybody. Unfortunately I do not yet have a copy of Bound by Law, so I am going to have to punt this week. Luckily, Mr. Barlow's article is coherent enough to make sense of some law for me, which is no small miracle.
As the article suggested, the problem with copyright law and the Internet is that both are moving at different paces. I thought the analogy of using real estate law to protect broadcasting was a good one. (p.2, Barlow) Some copyright law has never really worked well for the creators--witness Barlow's comments on ASCAP and radio royalties, " I can assure you this is not a model that we should emulate.The monitoring methods are wildly approximate. It really doesn't work. Honest."
So obviously, some rethinking needs to be done, and apparently has been done even since this article was written. In our discussions of Web 2.0, it seems like new mediums are being developed all the time. New sites for blog creation, My Space etc. Who owns the information on a blog page then? The site provider or the blogger? Is the blogger the wine and the site provider the bottle? (p. 3 Barlow) The writer of a popular blog however, always has the power to stop creating product, however.
I think in considering intellectual protection, the norms and practices of everyday people should be taken into account, as Barlow mentions, like common law. Do we read the fine print or ignore it? Is it our impulse to share software, or to obey the package warnings? (I think the answer to this is obvious, since we are seeing less and less 'physical' software and more downloading from the Internet. I received a new version of Adobe for Professionals at work, and the whole process was done online--try copying that!)
I like the idea of a commons, as we have been discussing all semester--that is what the Internet is really about for many people. When there is a lot of collaboration, who owns the product (if there is one)? In film, television, and theater there is a tremendous amount of collaboration, with each participant (actor, director, screenwriter) being paid up front. The studio owns the film in the end, though. In theater, since there is no physical 'final product' more ownership goes to the creators (playwrite, composer). If there is money to be had in collaborating on the Internet, you can bet there will be a conflict, and soon.
It seems funny to me that some bloggers end up wriitng books. Is the physical manifestation of the blog the only way a bogger can get paid? Historically, the Internet seems to be following the model of the physical world--those who invent the application--be it eBay, My Space, etc, make the money, while those who populate the application are the true 'creators' of it. So it has been for writers. Screenwriters are notoriously underpaid, even when the material is an original story. Writers have to work hard at protecting work.
That is why a site like Triggerstreet intrigues me. This site asks people to submit screenplays for critiques and ratings. Some people can submit short films. Screenwriters are continuously warned NOT to share ideas with others, in case they are stolen. Does that affect the material on the site--are people not posting their best efforts? Who owns the material once it is on the site?
In thinking about the law and the Internet, we would be well served (no pun intended) to remember that computers have long memories. Deleted and forgotten e-mail can be harvested from hard drives. Maybe there is a way that the Internet can use this memory for protective service. Maybe streaming or satellite radio does a better job of paying songwriters, for example.