Over the past couple of weeks, like a bad tooth flaring up,
the conflict over encryption and copyright has seeped into
the news again. A selective and by no means comprehensive
survey finds the following news items:
* Two Members of Congress celebrate eased encryption
regulation by e-mailing a copy of PGP to the United
Kingdom. Last month, that would have been a felony.
* A federal judge orders Web sites to remove software
designed to break DVD's encryption.
* The programmer who reverse-engineered that encryption
scheme is detained by Norwegian authorities, his computers
and cellphone seized, his father (who owns his domain)
indicted.
* The Recording Industry Association of America sues
MP3.com for allowing customers to store digital copies of
copyright music on its Web site.
* Time Warner, owner of one of the world's six major music
distributors, buys EMI, one of the other six.
There are two counterbalancing trends here. One is that
people who create things have a right to be paid for them.
As an author and a musician I believe in that very keenly,
and I'm proud that Article I, Section 8, of the U.S.
Constitution specifically enumerates the protection of
intellectual property as one of the duties of Congress. The
opposite trend is that technology allows unparalleled
access to markets and consumers, helping to break the
stranglehold that MegaMedia has on promotion and
distribution.
When Galileo proposed that the universe was not geocentric,
he was forced on pain of death to renounce his
science-based observation in favor of the Church-endorsed
view of the cosmos. (To give you some historical
perspective, this all happened a few years after the
Pilgrims landed on Plymouth Rock.) After he submitted and
was given a life sentence of house arrest, the story goes
that Galileo turned away from Pope Urban VIII and said
under his breath, "Eppur si muove" ("And yet it moves").
And so it does.
Genies don't go back into bottles. Technology, once
invented, has a habit of getting out. Judges can try to ban
cracking software, but the world is a big place and there
are an awful lot of hard drives out there. The recording
industry can try to wish and litigate MP3 away, and with it
the easy duplication and distribution of digital music. But
in a world where five companies pretty much control the
music you can buy and hear, and where record labels impose
contracts that a Mafia chieftain would look at enviously,
is it any wonder that people are using technology to break
free?
If people want to copy-protect DVDs -- a reasonable desire,
as they have the right to protect their intellectual
property -- maybe they should design or use algorithms that
a Norwegian teenager can't hack. If artists and record
labels want to discourage the free swapping of unauthorized
copies of music -- and remember that AOL is suddenly the
world's largest record company -- maybe they should provide
a free-market reason to discourage it, like higher-quality
sound, cheap licensing, easy payments, and organized access
to content.
What won't work are legal roadblocks, and crying about
what's lost. The genie is out. The Earth yet moves. Deal
with it.