Over a couple of cocktails, my good friend Jeff and I discussed copyrights, trademarks and patents. I know, fascinating stuff right - wish you could have been there? But we're both Pomona dorks and he's a lawyer, so...
Anyhow, we ended up getting tangled in the mess of ownership and market definitions that just is too hairy for most sober brains, much less one that's 2 shots and 4 beers in...
So anyhow, that's how I got to finding these two pieces and finding them pretty interesting, in fairly divergent ways:
-This piece on copyright really takes the stance that Silicon Valley is full of thieves making money off of the works of others (mostly Google, they say). I've got to say, Adam Lashinsky, you sound like you're whining. I'm not totally set in how I think about the issue of copyrights and ownership of IP, but I don't believe it's terribly constructive to complain in the fashion that many of these "owners" do. They tend to basically say, "Look, we own it. You've figured out how to increase the ways in which it's being consumed, but we're not making money, so we'll sue you." That's a ridiculous approach.
A much more constructive approach would be to say, "You know what, we're just not as innovative about increasing our distribution and tapping into consumer needs as fast as we should be. Thank you for showing us this new stream of desire. Let's work together to determine the best way to obtain some value for the consumption that this drives."
Pundits, blogges, executives are all saying this and they're right: this is the Age of the Consumer. The choices available to each and every one of us are massive and they're growing every day. If you don't want to be left out in the cold, irrelevant and penniless, you better figure out what consumers want and serve that need. Plugging your ears and shutting your eyes while you send out the lawyers is NOT going to cut it.
-So, that brings me to the second article, which I just saw today in Wired, about how Second Life is dealing with copyright problems. This sounds more correct to me. I don't know that it'll get us all the way to the right solution, but giving the tools to the creators to better identify what they've created, giving the community at large the option to self-police and basically making this a community challenge should change the game. The truth is that there is always going to be some amount of "theft", digital or otherwise. But some of that "theft" creates value, by creating interest. And some of that "theft" comes at a real cost to society. But draconian enforcement of DRM and legal battles isn't going to be the best way to solve the problems while maintaining the robustness of the creative community. Second Life will be a fascinating world to follow for many reasons, but I think this copyright issue might be the most interesting contribution it brings to us all.
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