There's a big day tomorrow in the technology world.
Oral arguments are happening at the Supreme Court for M.G.M. v. Grokster. The basic question is whether companies that develop filesharing software can be held liable for the behavior of its users when they don't respect copyright.
This a highly unfortunate wedge issue on all sides because it is confusing. But this is very much a case of the little guy versus the big guy. Technology is an enabler, and it develops quickly. This means that there can often be "awkward adolescent stages", such as when very exciting developments in technology can lead to a surge in what had always been seen as criminal behavior.
But the absolute wrong thing to do is to limit the ability to create new technologies, and that is basically what this case is about.
M.G.M. is on the regulation side, and Grokster is on the free market side. But this is a case where the free market advantages the little guy, and regulation advantages the big corporation. In this case, you've got free market AND the little guy - it should be a no brainer as to which side should be the winner.
I am a musician. I'm licensed with ASCAP as a writer and a publisher, and I care about copyright. But the way to deal with this exciting technology is to leverage it to enable more marketing and distribution paths for the independent artist, not to clamp down on technology so that all marketing and distribution paths are gateways controlled by those who have the most legislative influence.
Legislators who have proven they've been willing to consider this issue thoughtfully include Rick Boucher (D), Chris Cannon (R), and Orrin Hatch (R). Many Democrats that have lobbying relationships with the entertainment industry have been on the wrong side of this issue. This is one of those cases where everything is topsy-turvy and "Democrats versus Republicans" does not apply.
TalkLeft appears to be on the wrong side. Atrios seems to have it correct.
And check out what Mark Cuban has to say when he discloses that he financed EFF's effort against M.G.M. It should be required reading for those on the fence.
It wont be a good day when high school entrepreneurs have to get a fairness opinion from a technology oriented law firm to confirm that big music or movie studios wont sue you because they can come up with an angle that makes a judge believe the technology might impact the music business. It will be a sad day when American corporations start to hold their US digital innovations and inventions overseas to protect them from the RIAA, moving important jobs overseas with them. [...] Its about our ability to use future innovations to compete vs their ability to use the courts to shut down our ability to compete. its that simple.
Myself? I think America is in trouble because of accumulating debt, and I believe our best chance to beat it is to innovate our way out of it. That means pro-technology, pro-innovation, pro-small business, patent reform, copyright reform - all to enable freedom of movement for small businesses, inventors, innovators, and entrepreneurs. We have been on the opposite road for a while now, and have departed from what Jefferson intended. If you care about small business, innovation, and the little guy, root for Grokster.