Saturday, November 12, 2011

Misleading Metaphors That Drive The War On Online Sharing

arise again and again in arguments about copyright infringement and file sharing. Words such as "theft" and "fly" is clearly an attempt to frame the debate in a way. This is not a new vision: Techdirt many posts have highlighted these attempts to manipulate the discourse.



But so far no one has stepped back and watched this phenomenon as a whole by placing it in a historical and legal context, or attempted to analyze how it refers to the battles on the future shape of the Internet runs. This is what Stefan Larsson received his Ph.D. at the University of Lund in Sweden, in a thesis entitled "Metaphors and Standards Act - Understanding Copyright in the Digital Society" (available in PDF format.)


Accordingly, the accompanying press release (yes, even the theses have today), said the central question is to answer:

What about copyright
is wrong with the digital society? Why millions of people think it's okay to break the law when it comes to file sharing in particular? Sociology of law researcher Stefan Larsson Lund University believes that the metaphors and ways of thinking outdated legal help to confusion and increased the gap between legislation and regulation.


Our language is made up of metaphors, even in our legal documents. Stefan Larsson has studied the impact this has on the numeric phenomena, such as file sharing and downloading, are limited by the descriptions of an analog world.
In other words, the problem arises when the concepts of the implementation of a digital camera to a similar context, where the concepts are used as metaphors do not work because the main differences between the two worlds.
A metaphor is "theft":


"When the legal arguments equate file sharing with theft of physical objects, sometimes becomes a problem," said Stefan Larsson, who did not think possible to assimilate an illegal dump on the flight of a physical object, as has been done in the case against The Pirate Bay.



using the model of employee compensation in the case against The Pirate Bay, the total value of this site may be estimated at more than SEK 600 million. It's almost as much as the national budget of Sweden, said Stefan Larsson.
other is to "copy":
Given Stefan Larsson, "copy" the word is a metaphor cache makes legal issues and ideas in the digital society. For example, copyright does not take into account that the discharge does not cause the owner to lose his own copy. It is not possible to compare the number of downloads with the loss of income to the holder of copyright, since it is likely that people downloading much more than what you buy in a store.

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