Iran

Keep the Pitchforks Sharp

Tuesday, January 24, 2012 

While David Pogue’s opinion piece “Put Down the Pitchforks” makes a valid point about the alliance of varied views on the utility and validity of copyright that have come together to oppose SOPA/PIPA, the differences are more subtle than his language indicates.

Everyone, even those characterized (somewhat fairly) as the “we want our illegal movies” crowd, is horrified that the United States would contemplate outright censorship of the web à la North Korea or Iran, something we actively fight quite vigorously, and with USAID and State Department support, to ensure that dissidents can circumvent similar blocking schemes.

There is no way to fix the language of the bills to rule out those abuses. Universal filling a flagrantly illegal DMCA takedown request with YouTube to censor the MegaUploads advertisement video, the pernicious use of malicious prosecution by the RIAA, and the recent MPAA/Chris Dodd bribery flap all demonstrate incontrovertibly how the entertainment industry has been utterly shameless to date and there is no basis for the belief that they would voluntarily refrain from an aggressive and likely illegal extension of whatever new powers they are offered. If anything, we need stronger legislation to discourage the current abuse of litigation and take-down powers.

Thus everyone, including those that believe that copyright needs to be extended (again, further), recognizes that the premise of SOPA/PIPA—that parts of the international internet have to be blocked in the US—are fundamentally flawed and cannot be repaired.

The differentiation between the “ignorant mechanism” and “ignorant goal” camps is, however, unfairly characterized by Pogue when he draws an analogy to shoplifting. Copyright is not a property right—it is a privilege that is granted by we the people, an exchange where we the people voluntarily relinquish our right to copy, and we gift the inventor with a temporary monopoly as an incentive to promote the progress of science and the useful arts.

It is not “stealing” to copy a movie; it may be illegal, but it is not stealing. There is no legal basis to consider such an act theft—not in natural law, not in “denial of utility.”

“If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it.”

– Thomas Jefferson, 1813

(A letter that should be read in its entirety by anyone electing to weigh in on copyright.)

The basis and purpose of copyright is codified in the constitution: it is an agreement between we the people and inventors to promote the progress of science and the useful arts, it is neither a property right nor a human right. If any copyright legislation fails to advance the cause of promoting the progress of science and the useful arts it is simply prima facia unconstitutional. And not a single extension of copyright law, back to and including the Sony Bono Copyright Extension Act, has even bothered to pay lip service to the obligation to promote the progress of science and the useful arts.

The problem is that these bills retard progress by hampering important and economically relevant industries for economically irrelevant ones (regardless of how nostalgic they might be). It is fair, still, to frame copyright protections and copyright modifications with respect to the expected actual net contribution to the progress of science and the useful arts, as the constitution requires. It is unlikely that such an analysis would favor complete abolition of copyright but it is clear that only a mechanism closer to the patent model makes sense: a very limited and carefully regulated temporary monopoly granted to inventors and creators in return for fully contributing their efforts to the public domain promptly thereafter.

(Edited and enhanced by Carolyn Anhalt)

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Posted at 14:42:48 GMT-0700

Category: politicstechnology

Persepolis

Sunday, September 2, 2007 

We saw this really amazing film by an Iranian film maker, based on the graphic novel Persepolis. The film was the best we’ve seen so far. I really wonderful relief from some fairly indulgent films. A tribute to Pierre Ressient that was technically rough and really only engaging for the extended family. More of a home movie tribute than a film, though Pierre himself is quite amazing and his nebulous yet defining influence on the film industry is astonishing.

We also saw Werner Herzog’s travelogue of his vacation to Antarctica as a resident artist at McMurdo, Encounters at the End of the World. He’s a brilliant enough that his travelogue is interesting, but primarily just beautiful and occasionally funny.

Persepolis is a brilliant film. The characters are engaging and fun and adorable; more compelling and human than any animated film I’ve seen, and more so than most live action films. The story is tragic and painful and challenging and yet very real and despite being a devastating critique of Muslim rule in Iran, and a painfully honest indictment of the Shah, of British meddling, of the US influence in the Iran/Iraq war, and a sharp social critique of expat life, it was intimately apolitical.

Marjane Satrapi spoke after the film and is as quick-witted and funny as her characters. She was an absolute delight to listen to.

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2007 Telluride Film Festival

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Posted at 00:00:16 GMT-0700

Category: films