
Toward a New Politics of Intellectual Property
http://www.sims.berkeley.edu/~pam/papers/CACMNewPolitics3.pdf
Samuelson, Pamela
University of California Berkeley
2002
Abstract:
Until very recently, copyright has been on the periphery of law and public policy
concerns because it provided highly technical rules to regulate a specialized industry.
The politics of copyright largely focused on intra-industry bickering. The typical
response of the legislature to such intra-industry struggles has been to propose that
affected parties meet behind closed doors and hammer out compromise language that
would thereafter become enacted into law. It didn’t matter much if the language
negotiated in the heat of the night was incomprehensible (as has so often been the case)
because the affected parties understood it, and that was all that mattered. Copyright law
has, as a consequence, become highly complex and effectively unreadable. One reason why a new politics of intellectual property is necessary is that copyright now affects everyone.