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Mises Economics Blog

The DMCA, The Most Creative Solution To Preventing Creativity

June 5, 2006 6:31 PM by Tim Swanson | Other posts by Tim Swanson | Comments (9)

The IEEE Spectrum Online has a great article reviewing the smorgasbord of smoldering ruins that the DMCA has and will continue to create: Death by DMCA.

The list includes fan favorites such as the broadcast flag, suing DVR manufactures that create products consumers want and legislating additional methods for blocking the analog hole.

It should be noted that the enforcement of the DMCA is entirely in the interest of copyright and patent holders, not consumers or even manufactures (who must now reallocate productive resources to integrate features consumers do not want).

In fact, this legislation serves as a practical illustration of how intellectual property props up inefficient business models (i.e. if the only way for you, as an artist, can survive is through State intervention, you might want to rethink the whole "freedom-to-fail" concept).

Also, while the RIAA, MPAA, BSA and other pro-DMCA organizations continually cite lost revenues due to "piracy," it should be noted that no physical property is actually stolen in a case of copyright infringement. To understand the subtle differences, please refer to this visual representation.

And Wired recently published an article discussing the negative, unintended consequences of anti-terror laws which are also stifling innovation and creativity.

More: 1 2 3

Comments (9)

  • Vanmind

  • Good stuff, thanks for the post.

  • Published: June 5, 2006 8:29 PM

  • Jerry Mitchell

  • I do believe there was a pirate in Atlas Shrugged that would raid government ships loaded with "humanitarian aid". We need a fleet of those type of pirates to raid the DMCA and do a bit of plundering to them. Arrrg matey!

    Avast me keyboard.

  • Published: June 5, 2006 8:38 PM

  • TGGP

  • I don't think likening this kind of legislation to anti-terror laws is a smart way to go about seeking support. To paraphrase a song I've never actually heard, accent the silly, downplay the ominous.

  • Published: June 5, 2006 9:57 PM

  • Pirate

  • I refer to myself all the time as a pirate, it amuses me to do so. As it apparently does these folks: http://thepiratebay.org/

    The argument against the DMCA is simple - "utilitarian". One word, argument done, case closed, no fear mongering required, and regardless of what a person may think of copyright/patents. See previous discussions against utilitarianism.

  • Published: June 5, 2006 10:16 PM

  • Tim Swanson

  • TGGP, I think you have a valid point.

    However, I am reminded of an actual propaganda poster used to connect "terrorism" with movie "piracy." In fact, two years ago the BBC published a report discussing how the movie industry - in an effort to demonize movie 'piracy - tried to create that connection in the mind of consumers.

    Here is an image of the poster.

  • Published: June 5, 2006 10:21 PM

  • TGGP

  • Tim, that poster had me cracking up. I can just imagine the following: "Terrorists have beards. Don't grow a beard", or "Hitler spoke German. Don't speak German".

  • Published: June 6, 2006 1:08 PM

  • M E Hoffer

  • Seems like there is more coming:

    http://ipaction.org/blog/2006/06/worst-bill-youve-never-heard-of.html

    when at the site, make sure page down( It looks blank, at first )

  • Published: June 6, 2006 7:07 PM

  • Peter

  • Must be a problem with your browser, ME.

  • Published: June 6, 2006 8:31 PM

  • Artisan

  • In fact, this legislation serves as a practical illustration of how intellectual property props up inefficient business models (i.e. if the only way for you, as an artist, can survive is through State intervention, you might want to rethink the whole "freedom-to-fail" concept)

    Tim Swanson is going too far in illustrating the inadequacy of copyright enforcement with the idea it is welfare…

    Sounds like he thinks it has been explained enough times why copyright is not genuine… so now one can just use the whole set of libertarian arguments against welfare: sorry, but that’s flawed!

    Please, “don’t just throw out the baby with the water of the tub� they say in French…
    The copyright question really has nothing to do with a social justification of Government!
    Many brilliant artists like Van Gogh, Rembrandt, Vermeer or Kafka… seemed to have “failing business models� years ago and they relied somehow on the support of their surrounding for a living too. In fact, they only made money “after they died�. That’s not a crime and it doesn’t deserve your contempt. In fact, now they are the original authors of unmistakable greatness, who owe for this worldwide acknowledgement much less to the generosity of governments or Tim Swanson’s model, than such flawed reasoning would need complaisance from libertarians just to spread beyond that blog.

  • Published: June 8, 2006 3:06 AM

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