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April 20, 2009 4:18 PM PDT

Copyright debate heats up over Obama appointments

by Stephanie Condon

As industry and public interest groups wait for the president to fill the remaining positions in his administration, such as the new position of intellectual-property enforcement coordinator, opposing sides of the copyright debate are speaking up.

The Copyright Alliance, along with 40 other groups representing intellectual-property holders, sent a letter (PDF) to President Obama on Monday arguing that intellectual-property protection stimulates creativity and creates jobs.

The letter was sent in response to an earlier letter, sent by 19 different groups, that urged the president to choose administration officials who "reflect the diversity of stakeholders affected by IP policy."

The April 2 letter, signed by groups including Public Knowledge, the American Library Association, and the Consumer Electronics Association, said that, "To date, several of (Obama's) appointees to positions that oversee the formulation and implementation of IP policy have, immediately prior to their appointments, represented the concentrated copyright industries."

The president has, in fact, filled out some high-level Justice Department positions with lawyers favored by the copyright industry, including attorneys who have represented the Recording Industry Association of America and the Business Software Alliance. The signatories of the April 2 letter said the Justice Department's intervention last month in favor of a record label in a file-sharing case heightens their concern.

"We ask you to consider that individuals who support overly broad IP protection might favor established distribution models at the expense of technological innovators, creative artists, writers, musicians, filmmakers, and an increasingly participatory public," the letter said. "Overzealous expansion and enforcement of copyright, for example, can quash innovative information technologies, the development and marketing of new and useful devices, and the creation of new works, as well as prohibit the public from accessing and using its cultural heritage."

The letter also asks the president to create new offices in agencies like the State Department dedicated to promoting innovation, to counter the enforcement-focused IP enforcement coordinator position.

The letter sent Monday by groups like the Directors Guild of America, the Entertainment Software Association, and Time Warner countered that "enforcement of copyrights and patents and protecting the freedom to create and be compensated for it are essential components of promoting the progress of sciences and arts, as articulated so clearly by our Founding Fathers in the U.S. Constitution."

IP protection and promoting innovation are not mutually exclusive, the letter continued.

"Intellectual property drives innovation and creativity, from the production of new creative works to the development of consumer electronics and medicine," it said.

The letter sites research indicating that the creative industries employ 38 million U.S. workers and points out that copyright and patent protections apply to a number of different businesses including movies, visual arts, video games, computer software, and pharmaceuticals.

The intellectual property holders said in their letter that Obama's administration is diverse in experience and perspectives and that the president's appointees so far have been solid choices.

"We have every confidence these hallmarks will be demonstrated in your future IP policy appointments," their letter said.

Stephanie Condon is a staff writer for CNET News focused on the intersection of technology and politics. She is based in Washington, D.C. E-mail Stephanie.
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by rmva April 20, 2009 5:22 PM PDT
Slow news day in DC.
Reply to this comment
by rnaoncfixd April 21, 2009 12:36 PM PDT
I live in DC and every day is a slow news day. Ugh.
by man_w_balls April 20, 2009 5:30 PM PDT
impeach Obama
Reply to this comment
by Lumiseon April 21, 2009 10:21 AM PDT
Why, becuase you're a moron?
by unknown unknown April 21, 2009 10:27 AM PDT
"Why, becuase you're a moron?"

No because he's as bad as Bush Jr.
by subsider34 April 20, 2009 6:06 PM PDT
Am I the only one who finds it rather sad that neither Privacy nor Intellectual Property Rights are listed as issues to be considered on whitehouse.gov?
Reply to this comment
by baconstang April 20, 2009 6:14 PM PDT
The babies are crying. Eventually you've got to pay some way or the flow of music/films/games etc. will dry up
Reply to this comment
by gerrrg April 20, 2009 8:09 PM PDT
Yeah...that's why DRM is so popular, such that they can charge more for files with DRM. LOL.


Follow the market forces, and watch the decline of the high prices for IP.
by unknown unknown April 21, 2009 10:42 AM PDT
People are willing to pay if they perceive a good value. The people in danger are ones sitting on their laurels or the ones producing formula generic crap. I personally wouldn't miss the bad movie remakes, the over compressed (removing the dynamic range so the music is just loud to hide how sh*tty it really is), and the large video game publishers are getting a bit stale in what they release.

Plenty of people are creating for free or considerably cheap than the big players and are a lot more innovative.
If it makes room for people who actually innovate. let em die.
by magicmaster April 20, 2009 6:37 PM PDT
There is no direct connection between stricter protection of IP and creation of new jobs. For example, I could hire new people without stricter protection of IP, but stricter protection of IP does not lead to guranteed job offer.
Reply to this comment
by pkron April 21, 2009 9:46 AM PDT
It's not that simple magicmaster.
A reasonable amount IP protection will encourage monetizing creative works. Unfortunately the IP holders, and not artists or creators, have put unreasonable IP protections in place. This stifles the use of creative works for the common good. A more pragmatic approach is needed. We all should be able to use content on the internet which does two things:
1) use is easily determined by the content owner (see Creative Commons)
2) Copyright expires in a reasonable time frame and available for all to use. A reasonable time frame will allow copyright owners to monetize IP without perpetual ownership. Perpetual ownership also stifles innovation and hurts potential creative works, which in turn creates jobs.
by Mergatroid Mania April 20, 2009 6:49 PM PDT
The real problem is the US Patent Office giving out patents to everyone and his dog. So many patents should never have been awarded. The only people making money off of those patents are lawyers.
Those are the patents stifling innovation and creativity.

Personally, I don't think software should be patentable at all. Since the people getting the patents did not invent the hardware, languages or command sets, they have no business patenting any work created using them.
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by odubtaig April 21, 2009 8:33 AM PDT
Not that I'm disagreeing with your conclusion, but how you came to it is fundamentally flawed. If a person cannot patent something because they didn't make the tools used in its creation then anything after the flint axe is unpatentable. It's equivalent to saying that a physical invention couldn't be patented because it was made with tools bought from some other entity, that the guy on American Inventor who came up with the dissasembling wheelchair couldn't patent that design because he didn't invent metal tubes, welding torches or the garage he made it in.
by odubtaig April 21, 2009 8:39 AM PDT
Whatever the rights and wrongs of it, the government is supposed to represent the population which elected it, not special interest groups. Yes, even if they're wrong, the administration is supposed to reflect that.

Oh, who am I kidding? Different name, same old face. We have always been at war with Oceana.

A minor correction, should be 'cited', not 'sited' in the third from last paragraph.
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