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:: 5.28.2003 ::
:: For your consideration ::
Copy Protection Is a Crime
…against humanity. Society is based on bending the rules.
By David Weinberger
We're on the verge of instituting digital rights management. What do computers do best? Obey rules. What do they do worst? Allow latitude. Why? Because computers don't know when to look the other way.
We're screwed. Not because we MP3 cowboys and cowgirls will not have to pay for content we've been "stealing." No, we're screwed because we're undercutting the basis of our shared intellectual and creative lives. For us to talk, argue, try out ideas, tear down and build up thoughts, assimilate and appropriate concepts - heck, just to be together in public - we have to grant all sorts of leeway. That's how ideas breed, how cultures get built. If any public space needs plenty of light, air, and room to play, it's the marketplace of ideas.
There are times when rules need to be imposed within that marketplace, whether they're international laws against bootleg CDs or the right of someone to sue for libel. But the fact that sometimes we resort to rules shouldn't lead us to think that they are the norm. In fact, leeway is the default and rules are the exception.
Fairness means knowing when to make exceptions. After all, applying rules equally is easy. Any bureaucrat can do it. It's far harder to know when to bend or even ignore the rules. That requires being sensitive to individual needs, understanding the larger context, balancing competing values, and forgiving transgressions when appropriate.
But in the digital world - the global marketplace of ideas made real - we're on the verge of handing amorphous, context-dependent decisions to hard-coded software incapable of applying the snicker test. This is a problem, and not one that more and better programming can fix. That would just add more rules. What we really need is to recognize that the world - online and off - is necessarily imperfect, and that it's important it stay that way.
posted by me
:: 9:48:00 AM [+] ::
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