Link Banana

This month, the libertarian Cato Unbound is discussing copyright. The first two (of four — the others haven’t been posted) essays are rather interesting reading. Rasmus Fliecher kicked off with a rather bleak vision of the future:

The real dispute, once again, is not between proponents and opponents of copyright as a whole. It is between believers and non-believers. Believers in copyright keep dreaming about building a digital simulation of a 20th-century copyright economy, based on scarcity and with distinct limits between broadcasting and unit sales. I don’t believe such a stabilization will ever occur, but I fear that this vision of copyright utopia is triggering an escalation of technology regulations running out of control and ruining civil liberties. Accepting a laissez-faire attitude regarding software development and communication infrastructure can prevent such an escalation.

More optimistically, Timothy Lee offers a (radical-sounding) new paradigm:

The starkness with which the copyright debate is often framed reflects a misunderstanding of the function copyright served in the 20th century. Copyright is commonly conceived as a system of restrictions on the copying of creative works. But until recently, it would have been more accurate to describe copyright as governing the commercial exploitation of creative works. From this perspective, the inevitable legalization of non-commercial file sharing looks less like a radical departure from copyright’s past, and more like an incremental adjustment to technological change. It will require the rejection of some misguided policy developments of the last decade, to be sure, but in a sense it will simply restore the common-sense principles of 20th-century copyright law.

(via Matt Yglesias)

At Reason (the only publication likely to care), David Weigel says that trying to sell himself as Tom Tancredo is the primary reason the internet’s former hero, Ron Paul, failed so thoroughly. Though there are certainly many other reasons, his argument holds some weight.

But after a spike in fund raising and polling, Paul pivoted to the more crowded anti-immigration field, with mailers showing a work boot stomping on the Constitution and the legend: “Illegal immigrants flaunt [sic] our laws.”

This lunge for the Minuteman vote didn’t work. According to exit polls, Paul won only 8 percent of Republican voters who want to deport all illegal immigrants. That was 16 points less than immigration compromiser John McCain, six less than amnesty waffler Mike Huckabee, and even one point less than “sanctuary city” mayor Rudy Giuliani. Paul finished a poor fifth among voters who cared about immigration but came in a strong second place among voters angry at the Bush administration. In other words, he came in second among his natural constituency and fared poorly on an issue every candidate was already scrapping over.

(via Matthew Yglesias)