Amazon's Orwellian actions illustrate the absurdity of American copyright law

by: Ian Welsh

Mon Jul 20, 2009 at 06:30


By now you may have heard of Amazon remotely erasing from their electronic books, the Kindle, copies of 1984 and Animal Farm. The reaction has been generally scathing, but it's a different aspect brought to light which I want to comment on. To whit, 1984 and Animal Farm were erased because the copyright holder objected. But...

While the copyright on “1984” will not expire until 2044 in the United States, it has already expired in other countries, including Canada, Australia and Russia. Web sites in those countries offer digital copies of the book free to all comers.

 George Orwell died in 1950.  Fifty-nine years ago.  In the US copyright on 1984 will note expire untill 94 years after he died.  The constitution gave Congress the right to set intellectual property laws to encourage people to create new works, but the idea that anyone would care whether or not their work is still under copyright 94 years after they died is ludicrous.

This, in fact, primarily the work of one company.  Call it the Mickey Mouse Protection Act, because the law went into effect to make sure Mickey Mouse didn't go into the public domain.

The problem with copyrights, patents and so on is that they stifle innovation and creativity.  The ability of everyone to take what has already been done and build on it is at the heart of progress, whether technological, intellectual or creative.

It is also one of the conditions for modern style capitalism and industrialization.  Knowledge must be reasonably free, everyone must be able to use it.  If it isn't, you move swiftly to a position where IP producers start extracting monopoly profits, which strangles the use of new ideas.

Americans are obsessed with intellectual property because it's one of the few things the US still has a surplus in with the rest of the world.   But strangling information also strangles innovation and growth.  The price is too high, and it is paid by America as well as America's customers.

 

Ian Welsh :: Amazon's Orwellian actions illustrate the absurdity of American copyright law

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Just another way of redistributing income upward nt (0.00 / 0)


Looking On (0.00 / 0)
You write: "George Orwell died in 1950.  Fifty-nine years ago.  In the US copyright on 1984 will note expire untill 94 years after he died.  The constitution gave Congress the right to set intellectual property laws to encourage people to create new works, but the idea that anyone would care whether or not their work is still under copyright 94 years after they died is ludicrous."

Not ludicrous at all to his heirs!  Intellectual property rights are part of an estate once the author has passed.  His sons, daughters, and other surviving heirs deserve to go on collecting the rewards from their loved one's labors.  How would you like it if, say, Merrill-Lynch were allowed to cancel out your parents' cash management account and tell you, "So, sorry, they're dead, so we get to keep the money now"?  Of course you wouldn't.  Ninety-four years is about four generations.  I should think Orwell's great-great-great grandchildren would be somewhat put out if they were deprived of their royalties from some of the most widely-read, best-loved books in the history of letters.

Wouldn't you?

"Against stupidity even the angels fight in vain" --Schiller
"Respect for the rights of others is peace" -- Juarez


Umm... (0.00 / 0)
as I tell my Dad. "Spend it all if you want.  I sure as hell didn't earn it."

The costs of what you suggest are much higher than the benefits.  And actually, while I don't think Merrill should be able to cancel my parent's cash account (huh?), I am totally fine with inheritance taxes.

Why?

Because I didn't earn the money.  My parents did, and they're dead.  I'm willing to give some protection beyond death, but I tend towards a shorter one.

30 years, or life, whichever is longer, for example.


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