Question Details	Asked By	Asked On
Intellectual Property:2	Conchan	03/28/04
Hello voiceguy, This is related to my previous question concerning intellectual property. Thank you for such a great answer. Communication/computer technology has led to very different kinds of content becoming available on the same and different media and transmittable at no/minimal cost. Does that mean that intellectual property laws, especially those concerning copyright, should be changed to recognize differences among various kinds of intellectual property, based on the nature of the content, rather than the delivery mechanism? Again I am not looking for legal advice, just a better understanding of the concept of intellectual property and its relationship with technology. Thank you for taking the time to read this. Have a nice day. Sincerely, Conchan
Answered By		Answered On
voiceguy2000		03/28/04
I do not advocate changing the laws just because technology has made it easier to break the law. If anything, the search should be for ways to make the laws more effective. In my view, original content should presumptively be protected and protectible. I can see no valid purpose to be served by introducing some kind of sliding scale of protection based on the nature of the content. In addition, such a scheme would pose grave problems in a jurisdiction such as the U.S., where content-based legal restrictions or favoritism would be vulnerable to challenge under the First Amendment. As I stated in my earlier answer, I think that in the end the market will dictate the direction in which intellectual property law goes. Market forces (expressed as political and diplomatic pressure) will lead jurisdictions with inadequate legal frameworks to introduce meaningful protection of intellectual property as the price of joining the civilized world. Other market forces, dictated by the realities of technology, will shape the content and means of access for works of expression. To the extent that technology frustrates the ability to "harvest the corn," corn will not be planted. There is very little that law can do about this.

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