When Think Tanks Attack!

One of the very few things that dull the digital content piracy debates is the lack of partisan rancor.  For every Republican Orrin Hatch fighting for Hollywood, you get a get a Democrat Howard Berman doing the same.  And, the same goes for the party breakdown, or lack thereof, of legislators who are wary of legislating away P2P technologies.

So, when you don't have Republicans or Democrats to entertain you with their pugilism, who can you turn to? 

Well, the National Hockey League is on labor dispute hiatus, so how about think tanks!...

Conjuring images of a nerd slapping a geek with his pocket protector, the Progress & Freedom Foundation attacked Public Knowledge -- claiming, in the subhead of a press release (!) that Public Knowledge is "unconstructive" in helping bridge the digital content debates.  The press release was  publicity for a CNET column on the same subject by PFF new guy  and ex-reporter Patrick Ross.

Ross essentially charges that Public Knowledge (and their founder, Gigi Sohn, specifically) promised that they would provide the middle-ground in the digital content debate, but, has instead become an advocate for the P2P industry as evidenced by advisorial affiliations with a EFF' lawyer and a P2P trade group head, and, more pointedly, for focusing on killing the Induce Act, instead of finding compromise.

Public Knowledge has been fairly low-key in their response.  Seemingly only choosing to reprint a short brief on the spat from the Washington Internet Daily on the front page of their Web site.  In the brief, a PK spokesman is quoted saying:

"Public Knowledge has never endorsed the theft of copyrighted material. [We are] very disappointed that the Progress & Freedom Foundation used the unproductive politics of personal attack on Gigi Sohn in making its arguments... We were also disappointed that PFF, which has in the past stood for the free market, has chosen to side with those who would increase government regulation and stifle technological innovation."

Having been involved in the early digital content fights during Listen.com's first two years, I can say that, yes, middle ground is extremely lacking in the P2P debate.  Every conference panel on the subject since 1999 has played out in some sort of strange Kabuki theater where the faces are different, but the words are always the same (for a real time view of this, subscribe to the pho mailing list).  It's charges of theft parried by charges of being out touch of consumer wants.  And, the band played on...

And, in fact, this isn't exactly the first time that the PFF has faced off against the "Free Culture" advocates.  See here for a debate with Lawrence Lessig.  PFF also came out and called the Induce Act too broad, but claimed that "its method not too alien to the law."

But, I don't agree with Ross that lack of effort for compromise in the the killing of the "too broad" Induce Act was wrong.  A compromise on a piece of legislation that started from such an extreme place might not have gotten to the hoped-for "middle-ground" as the legislation raced to the finish line in an election year.  And, at the same time, the advocacy community is going to have to step up and start creating solutions, rather than only poking holes in attempts by the content community to protect their IP. 

Interestingly, the analog is what was asked of the music industry in the days before iTunes and Rhapsody.  Then, the advocates (rightly) told them to stop focusing on suing kids and blocking opportunities for distribution and find a product that could compete with Napster. 

Now, in a new congress, we can look forward to many more of these action packed (if circular) debates.

BTW, did you hear what the Cato Institute said about AEI's mother?

Comments

[Darci Hardman]

the advocates (rightly) told them to stop focusing on suing kids and blocking opportunities for distribution and find a product that could compete with Napster.

[wioletta]

Hi! I've been reading your website for some time now and finally got the courage to go ahead and give you a shout out from Dallas Texas! Just wanted to say keep up the great work!

[carpal tunnel specialist Vail]

Reduced forearms are greatly responsible for motility which likewise provides military capability in your paw and wrist joint. Though these are the best leash slipway to you make your organic structure before you set about these carpal tunnel exercises. Entertainment common usage has go increasingly more pop as many conquer since it might engagement with the activities of the internal associations and would create considerable administrative burdens on the organisers. Patch those of us unexpended carry on hold out them as you work on and patch you sopor.

[pożyczka od ręki]

Thanks for the good writeup. It in truth was once a amusement account it. Look complex to more brought agreeable from you! However, how can we communicate?

[pożyczka gotówkowa]

It's appropriate time to make some plans for the future and it is time to be happy. I have read this post and if I could I wish to suggest you some interesting things or advice. Maybe you can write next articles referring to this article. I wish to read more things about it!