Access Control [1:03 pm]
Derek’s Access Controls and Copyright Misuse posting continues the discussion of technological lockup of copyright. The discussion that Derek points to seems ultimately to come down to distinguishing what copyright is supposed to do as compared with what it is that technologically managed copyright enables one to do under the DMCA. Sadly, what copyright is supposed to do is left to generalities like the Constitutional definitions, which then are widely (and wildly!) interpreted according each stakeholder’s particular interests and ideologies of innovation.
Adjudication gives the courts an opportunity to discuss the normative consequences of some of these technologies, but the diversity of these conflicts makes them poor instruments for studying each other. It’s going to be about getting past these specifics and back to the larger question of what copyright is supposed to accomplish.