On SOPA, PIPA, and Copyright Maximalism: How We Must Respond
(1) The internet seems to ignore legislation until somebody tries to take something away from us… then we carefully defend that one thing and never counter-attack. Then the other side says, “OK, compromise,” and gets half of what they want. That’s not the way to win… that’s the way to see a steady and continuous erosion of rights online.
The solution is to start lobbying for our own laws. It’s time to go on the offensive if we want to preserve what we’ve got. Let’s force the RIAA and MPAA to use up all their political clout just protecting what they have. Here are some ideas we should be pushing for:
- Elimination of software patents
- Legal fees paid by the loser in patent cases; non-practicing entities must post bond before they can file fishing expedition lawsuits
- Roll back length of copyright protection to the minimum necessary “to promote the useful arts.” Maybe 10 years?
- Create a legal doctrine that merely linking is protected free speech
- And ponies. We want ponies. We don’t have to get all this stuff. We merely have to tie them up fighting it, and re-center the “compromise” position.
Mr Spolsky is expressing thoughts that all of us should be thinking. In fact, I’ve partially expressed some related concepts before. Only, now that they’ve been expressed, we need to discuss them, modify them as needed, and then implement them. I encourage you to go to his post on GPlus and read the whole thing.