US Rep: Copyright has actually been an "impediment" to rightsholders

By Nate Anderson

Rep. Zoe Lofgren (D-CA) has a rejoinder to those who argue copyright laws must be further strengthened: "I think if we were to do nothing on copyright law, we would be getting it just about right."

Lofgren, who represents Silicon Valley, spoke this week at a meeting of the Intellectual Property Breakfast Club in Washington, DC. She offered her typically blunt assessments of digital copyright, arguing that "the focus on copyright has almost been an impediment for content owners to really embrace streaming and to really understand how to make money utilizing the Internet." In her view, copyright was partially responsible for a mindset that focused too much on control just as the Internet was offering a different distribution model.

"I can remember arguing with people from the RIAA in the 1990s," she recounted. "Is Napster your enemy or your friend? Are you going to worry about controlling content or getting paid for content?" In her view, getting paid is what it's about, and the content industry should have embraced the creative chaos of the 'Net by finding innovative ways to get paid for things like file-sharing.

Instead, the industry has lobbied hard for stronger rights in bills like the PRO IP Act and has pushed colleges to implement anti-file-swapping programs or risk federal money. Despite the ratcheting up of copyright, it can always be made stronger still—witness this year's introduction of the PROTECT IP Act and S. 978, which would make unauthorized streaming a felony.

Lofgren blasted both, calling them examples of the unhelpful "control" mindset. Regarding S. 978, Lofrgen sees no need to turn most of the cases it would cover from civil disputes into criminal matters. The bill "could be used by dueling giants in the tech world who are really having commercial disputes," she said, or in the worst case might end up targeting lip syncers and sites that stream video game footage.

As for the PROTECT IP Act ("I hate that name"), its DNS site-blocking provisions are "a mess" and "a disaster" that will "do actual damage to the Internet itself."

Lofgren supports copyright enforcement; she just wants it done effectively in a way that doesn't damage the Internet or civil liberties. She pointed out how the US had successfully gone after online gambling sites by cracking down on the use of credit cards. The PROTECT IP Act includes a similar provision, and it's one that Lofrgen supports. "'Follow the money' is the way to do it," she said. But site blocking is the "least effective and most potentially damaging part of the bill."

Still, according to PROTECT IP's advocates, support for the bill continues to grow. The House is expected to introduce its own version of the legislation soon, though the Senate version continues to sit under a legislative hold by Sen. Ron Wyden (D-OR).