Gepostet vor 8 Jahren, 3 Monaten in
Ich habe mich in Sachen Urheberrecht in letzter Zeit etwas zurückgehalten, weil ich ja bereits alles was ich darüber denke bereits gesagt habe. Jetzt muss ich aber nochmal ein längeres Stück aus einem frischen Artikel von Cory Doctorow zitieren, weil er die komplette Problematik nochmal ganz gut zusammenfasst. Hervorhebungen von mir.
When non-industrial entities (e.g., people, schools, church groups, etc.) interacted with copyrighted works, they did things that copyright law didn't have anything to say about: they read books, they listened to music, they sang around the piano or went to the movies. They discussed this stuff. They sang it in the shower. Retold it (with variations) to the kids at bedtime. Quoted it. Painted murals for the kids' room based on it.
Then came the early days of the copyfight: the analog period, when VCRs, double-cassette-decks, photocopiers, and other proto-copying technology came along. Now it was possible to do things that rose to the realm of copyright's regulated activities (copying, performing, displaying, adapting) with stuff lying around the house. Dealer rooms at cons sometimes sported crudely bound fanfic "novels," teenagers courted each other with mix tapes, you could bring some HBO over to the neighbors' on VHS cassette and have a movie party.
And yet, there was comparatively little danger in this process. Although these activities were of dubious legality (certainly, the big rightsholder groups considered them technological suitcase nukes, comparing the VCR to the Boston Strangler and promising that "home taping is killing music"), the cost of enforcement was very high. Publishers and record labels and studios couldn't watch what you did at home and work and parties and cons, not without an expensive network of paid snitches whose salaries would exceed any losses they were experiencing.
Enter the Internet and the personal computer. These two technologies represent a perfect storm for bringing ordinary peoples' ordinary activity into the realm of copyright: every household has the apparatus to commit mass acts of infringement (the PC) and those infringements take place over a public conduit (the Internet) that can be cheaply monitored, allowing for low-cost enforcement against ordinary people by the thousand.
What's more, Internet transactions are more apt to commit a copyright offense than their offline equivalents. That's because every transaction on the Internet involves copies. The Internet is a system for efficiently making copies between computers. Whereas a conversation in your kitchen involves mere perturbations of air by noise, the same conversation on the net involves making thousands of copies. Every time you press a key, the keypress is copied several times on your computer, then copied into your modem, then copied onto a series of routers, thence (often) to a server, which may make hundreds of copies both ephemeral and long-term, and then to the other party(ies) to the conversation, where dozens more copies might be made.
Copyright law valorizes copying as a rare and noteworthy event. On the Internet, copying is automatic, massive, instantaneous, free, and constant. Clip a Dilbert cartoon and stick it on your office door and you're not violating copyright. Take a picture of your office door and put it on your homepage so that the same co-workers can see it, and you've violated copyright law, and since copyright law treats copying as such a rarified activity, it assesses penalties that run to the hundreds of thousands of dollars for each act of infringement.
There's a word for all the stuff we do with creative works — all the conversing, retelling, singing, acting out, drawing, and thinking: we call it culture.