Here's the
email retracting the fully vetted study, released after Hollywood burned up the GOP phone lines, preposterously claiming the fully vetted reported wasn't completely reviewed:
From: Teller, Paul
Sent: Saturday, November 17, 2012 04:11 PM
Subject: RSC Copyright PB
We at the RSC take pride in providing informative analysis of major policy issues and pending legislation that accounts for the range of perspectives held by RSC Members and within the conservative community. Yesterday you received a Policy Brief on copyright law that was published without adequate review within the RSC and failed to meet that standard. Copyright reform would have far-reaching impacts, so it is incredibly important that it be approached with all facts and viewpoints in hand. As the RSC’s Executive Director, I apologize and take full responsibility for this oversight. Enjoy the rest of your weekend and a meaningful Thanksgiving holiday....
Paul S. Teller
Executive Director
U.S. House Republican Study Committee
Paul.Teller@mail.house.gov
http://republicanstudycommittee.co
Below are two salient points, the first attacking a widely accepted myth about copyright, and the second proposing one of several reforms:
...the purpose of copyright is to compensate the creator. No, it correctly notes, it's about benefiting the public:
Thus, according to the Constitution, the overriding purpose of the
copyright system is to “promote the progress of science and useful
arts.” In today’s terminology we may say that the purpose is to lead to
maximum productivity and innovation.
This is a major distinction, because most legislative discussions on
this topic, particularly during the extension of the copyright term, are
not premised upon what is in the public good or what will promote the
most productivity and innovation, but rather what the content creators
“deserve” or are “entitled to” by virtue of their creation. This lexicon
is appropriate in the realm of taxation and sometimes in the realm of
trade protection, but it is inappropriate in the realm of patents and
copyrights.
=================================
Copyright infringement has statutory damages, which most copyright
holders can and do use in litigation (rather than having to prove actual
damages). The government sets a range – which is $750 to $30,000 per
infringement – but that goes up to $150,000 if the infringement is
"willful." Evidence suggests that the content holder almost always
claims that it is willful. This fine is per infringement. Those rates
might have made sense in commercial settings (though even then they
arguably seemed high), but in a world where everyone copies stuff at
home all the time, the idea that your iPod could make you liable for a
billion dollars in damages is excessive.
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