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The debate over digital content rights
Striking the right balance of control over the use of copyrighted content is at the heart of a major debate in the industry today. How do we exert enough control to incent creators to go on innovating, without exerting so much control that others can't leverage that innovation to expand upon it?
Sun CTO Greg Papadopoulos met recently with Stanford Law professor Larry Lessig, one of today's leading thinkers around intellectual property rights in cyberspace, to discuss this issue. Below are highlights from that discussion.
Greg: What is the relationship between intellectual property, the control of it, and innovation?
Larry: Intellectual property is critical to building the right incentives in many industries for creating new innovations. This was the great insight of our founding fathers who recognized the need to protect patents and copyrights in certain fields, to create incentives that otherwise wouldn't be there. What's counter-intuitive about intellectual property is that there can be too much of a good thing. If you exercise too much control, or if a law grants creators or innovators too much control, new innovation can be stifled. So the problem for policymakers, and companies dealing in this context, is striking the right balance between the control that's necessary to produce the profits that will support new innovation, and the access or freedom of others to build on top of that innovation and make it worth more.
Greg: Where do you think we are in the balance? What direction are we headed?
Larry: Right now we're in an obsessively extreme IP environment, especially in the context of copyright. The Internet has created fear within the content industry that they're going to lose everything if they aren't allowed to exercise perfect control over content. So they're building technology and legal infrastructures to give them more control over innovation than they've ever had before. The same thing is happening with patents for business methods and software, presenting a similar problem.
Greg: This is counter-intuitive because the content industry talks about the mayhem of digital being able to make perfect copies, but it can also allow perfect control.
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