Mhm...
The transition we are living and its impact of the regulatory systems as we know them is what has motivated the writing of a doctoral thesis all together. My observations on that began long ago when the law on sustainable development was proposed in Spain back in 2005, reflecting legislative developments in the UK with its digital act, and in France that passed a law (and was the very first enforcing it) with very similar content. This is the background; not very well know movement that ended up in the widely publicized proposal of a whole new management of our digital rights and an imposition of an outdated ideology on property values. People learned about it much later, through ACTA, SOPA and PIPA and the debate these proposals generated. It has been a much longer process that has not reached an end yet.
I am tremendously affected by the digital reality in many ways. First, I am an instructor on legal issues, a legal scientist with a commitment to liberal principles, and the rule of law. This alone puts me in a position where I have to pay attention to what is going on and contribute as much as I can from the academic perspective. I have to teach legal standards and integrity to students much more vigorously now, as knowledge sources are restricted and dishonorable conduct is so openly facilitated by technology(plagiarism is not a crime; it does not have anything to do with copyrights). I must also contend the wave of "popular knowledge" that has crowded the world by communicating, at least to my students, what are the realistic and reasonable standards applicable to internet and technology governance, whether we really need laws or not and that in fact we cannot be all of the time using legal tools to solve the problems of uncertainty that arise from these thechnologies.
The moment we call the state to intervene we delay, we obstaculize, we create confusion and most importantly, we increase contentiousness in society. I especially feel worried about the notorious sense of ownership people display about their creations or inventions, mainly due to massive misinformation on the fundamental principles of intellectual property law, and to the detriment of the society in general. I think the digitalization of our lives is a reality that challenges most of what we consider important in society: freedoms and property. I have ethical worries in many levels.
On one hand we have author´s rights and those are not patrimonial, irrenuntiable and unlimited. This means that we all deserve credit for what we do (not money, but credit, that is attribution, so what I say remains my say, and not only to benefit me but because I have to be fully responsible for my expressions and the consequences they might bring about). On the other hand we have copyrights that are a FICTION. They are a temporary monopoly that might or not be in the hands of authors and that confers the right to restrict distribution, use and modification of their object. This is so damaging to the economy (liberal ideology promotes free markets) that it is conferred by the state only temporarily, and suppose a gain to the whole society: That more creators will create more creations. That more inventors will invent more inventions. These are not privileges to obtain money and they do not protect ideas.
In schools people are taught to be in love with whatever they do, without screening it on quality of marketability. People are encouraged to fight their copyrights on any piece of gibberish they compose and businesses reflect the same attitudes. This fractures societies, makes out of each one of us a potential infringer, distrusting and hostile to others. This also promotes social and legal conflict. We are put to believe that the only solution to the extensive availability of copyrighted materials is the restriction of our civil liberties: monitoring, surveillance, policing and criminalization.
Of course, this view is not very optimistic and certainly differs from that of the designers and media professionals by far. But we all are users, self regulation is more efficient and friendly than legal disputes, and not all creations are worthy of protection, because some of them are simply trash, just like it has always been. An object is worth anything if people like it, value it, or are willing to get it, not because the law says so. Or are we going to call the legislator to decide on beauty contests and pass laws on aesthetics? There has to be an acceptable standard of conduct reachable by wide consensus, but I have no idea will we live to see it being formulated or found? This is what I think about and write about. In the meantime I am fascinated by the possibilities. It is good to mix competence with caution. I still would like to claim I have the right to be anonymous, and opt for an analogous lifestyle in all respects. It is all about choices now, but one day it will no longer be so. When innovations become impositions then it is difficult not to be disturbed. For instance, why my 65 year old mother, who will not race against time to get updated on lifestyle, cannot maintain her Windows XP Operative system running efficiently for as long as she wants? Why innovation and development imposes her updates that imply expenditures and learning beyond her interests and possibilities? Why some services are fully electronic when not everyone can or want to access to them that way? How to match the demand of technology developments in Finland or Estonia with that of Bangladesh, Zambia or Bolivia? Still they are imposed the same global policies and agendas. Innovation should be made with purpose and on demand, at least when the audience can absorb it, or else it turns into a very expensive waste or cause social problems.
I have not read the articels you proposed but I will, and maybe get back to you with a more pertinent post. Maybe they would allow me to focus on other aspects and guide me onto other topics. Anyway, the laws are cultural manifestations, so taking about them is always relevant.
The first part of the task is more difficult to complete because I prefer to keep my time planning and family activities private. Of course I would not mind sharing a bit, but could not produce a full reasoning chart to be made public. In general: post graduate student, master on laws from 1995, when I also married to an Estonian man. I am a widow now, with 3 minor kids, lecturer on what I wrote on my first post and a doctoral student. VERY BUSY! Wishing to finish with at least one of these chapters (preferably the PHD) asap so I can move onto the next and become more efficient. Have no free time now, but when I can get it then I would invest it in what I like most: hiking, digital technology, the sea, sewing, visual arts of all sorts, graphic design and illustrations, applied arts, some music, literature and films, Japan, anime, my family here and there, painting, and sleeping!
Please find below the concept maps I would use to explain an article I am busy writing at the moment and how I was developing my studies last academic year:
http://mind42.com/pub/mindmap?mid=bbe0352f-c99e-4b11-b6ba-f5b7ae3b36d1&rel=link
http://www.spiderscribe.net/app/?b37de428d432221c5f8b3a73a85316ee
Does this count?
MariaC.
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