For Quarter 3 I’ve chosen this article written by Ting Yu from the The Brink, at Boston University.
https://www.bu.edu/articles/2022/how-copyrights-patents-trademarks-may-stifle-creativity-and-progress/
This article was written in August of 2022. It establishes and idea that law has not been able to keep up with the development of the digital era. This idea, proposed by Jessica Silbey, an expert on constitutional and intellectual property law argues that current law does nothing to advance the public’s creativity and ability to make society better for the collective, instead society lined up today to empower individuals and corporations. In other words, Silbey explains that the idea of individual copyright and trademarking of ones own work is more an empowerment to exclude, making copyright and trademark law seem more on the offensive than defensive.
The reason I decided that this article fit the bill for the semester is of course its relevance to our topics surrounding copyright law and trademarks of our work as programmers and developers. But at the same time I chose it for its interesting take on the implications of copyright law and trademarks on the creativity of the public.
Pulling down from the summary of the article about the empowerment to exclude being used to describe copyright and trademarks, at first it felt like a weird take but the more I thought about it the more it made sense to me. While at face value the idea of copyright and trademarks is to protect the intellectual property of whoever created said property, on the grand scheme of things, especially in a world where you can instantly contact someone from the other side of the planet in an instant it does feel more like a trademark plays the role of a bouncer at the entrance of a club, letting in select people and excluding others. Although the people not being the problem but the intentions of said people as trademarks and copyright determine what one can do with an intellectual property. Something specific that Silbey brings up that to me shows the severe issue with current law is the example about how in days long past, it was usually the inventor of something who would own the patent to said thing, but in todays world its teams of people working all towards a single goal, usually in competition with other companies. Leaving copyright and trademarks usually in the hands of the company the team is operating under depending on contract stipulations. For example the battle between Microsoft, Sony and Nintendo to be the next big innovator in the gaming industry creates hostile work environments powered by profit and quotas. Copyright and trademarks usually held tight with an iron fist by these companies. So while I do need to give this idea more thought I definitely think Silbey has a strong point that shes making for us.
From the blog CS@Worcester – Splaine CS Blog by Brady Splaine and used with permission of the author. All other rights reserved by the author.
