The DMCA is a classic example of traditional copyright regulation being broadly applied to the internet world. The problem as I see it is that the traditional nature of communication, the nature of piracy, business relationships, and avenues of profit; have all changed dramatically on the internet. Still it seems Congress, as spurred on by the lobbying industries, is attempting an awkward marriage of traditional copyright doctrine and contemporary internet communications. In my opinion the result is a gross misevaluation of the underlying principles that informed copyright in the first place, the “advancement of useful arts and sciences.” It seems those interests might be better served on the contemporary internet by deregulation whereas in the traditional sense they may have been better served by regulation. I think that when viewed in terms of the contemporary internet environment and the resulting change in how communication is conducted devalues traditional copyright doctrine and aggrandizes First Amendment doctrine because the nature of internet communication would be better served by deregulation than by an awkward statutory overlay of antiquated copyright doctrine.
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