Considering the Innovative Application of Copyright in the Digital World: Lex Informatica Conference, 21st-23rd May 2008 Pretoria, South Africa
2009; University of Warwick; Volume: 2008; Issue: 2 Linguagem: Inglês
ISSN
1361-4169
Autores Tópico(s)Copyright and Intellectual Property
ResumoWhat is Digitisation? According to online information technology encyclopedia and learning centre WhatIs.com : Digitization is the process of converting information into a digital format. In this format, information is organized into discrete units of data (called bits) that can be separately addressed (usually in multiple-bit groups called bytes). This is the binary data that computers and many devices with computing capacity (such as digital cameras and digital hearing aids) can process. According to a White Paper Diverse and Exploding Digital Universe produced by the technology consultancy IDC and sponsored by the IT firm EMC : + the digital universe (3) in 2007--at 2.25 x 1021 bits (281 exabytes or 281 billion gigabytes) as a result of faster growth in cameras, digital TV shipments, and better understanding of information replication; + by 2011, the digital universe will be 10 times the size it was in 2006; and + fast-growing corners of the digital universe include those related to digital TV, surveillance cameras, Internet access in emerging countries, sensor-based applications, datacenters supporting cloud computing, and social networks. For the rights holder of intellectual over digitised information, a review of the results of the survey is actively pursued by the question: What if any impact does the exploding digital universe have on intellectual frameworks? Perhaps answering this question 14 years prior to the release of the IDC White Paper, in the March 1994 issue of Wired Magazine, John Perry Barlow, in his article Economy of announced to the world that everything we know about intellectual is wrong. Barlow's article, notwithstanding its revolutionary nature raised questions that remain pertinent as we consider the complexity of the ever expanding digital universe. Barlow raised the enigma of digitised property: enigma is this: If our can be infinitely reproduced and instantaneously distributed all over the planet without cost, without our knowledge, without its even leaving our possession, how can we protect it? How are we going to get paid for the work we do with our minds? And, if we can't get paid, what will assure the continued creation and distribution of such work? With respect to intellectual property, Barlow observed that digital technology is detaching information from the physical plane, where law of all sorts has always found definition. Barlow's view was that the current intellectual law could not be customised to contain digitised expression. He called for an entirely new set of methods as befits an entirely new set of circumstances. In an interview 10 years after the publication of the article with Benjamen Walker (Audio Berkman producer), Barlow stated that he thought his article was communicating the obvious. Barlow's closing remarks surrounded a shift in business strategy to cope with the enigma of digitised property: a shift towards a service provider relationship or a relationship of performance versus the product based business strategy. This shift heralded a new point of view regarding the information economy - a shift in protectionist intellectual regimes to collaborative open culture brought on by the Internet and digitised information, copyleft. Why Copyleft? A few thoughts from The Next Economy of Ideas : Grateful Dead, for whom I once wrote songs, learned by accident that if we let fans tape concerts and freely reproduce those tapes-stealing our intellectual property just like those heinous Napsterians--the tapes would become a marketing virus that would spawn enough Deadheads to fill any stadium in America. …
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