ReasonedResponse.com

I'm Scottish by heritage and nature, a kilted man in the tartar of the Clan McLeod and a fierce supporter of Scottish independence from England.  If you're interested, my personal web site has much more information about our clan and my family.

Among the most treacherous acts of perfidy in the history of Scotland occurred in 1692 at the villages of Glen Coe in the Scottish Highlands.  Two companies of soldiers loyal to King William of England and under the command of Robert Campbell came to the MacDonalds of Glen Coe on a winter night.  They were given Highland hospitality -- a warm meal and a place to sleep, and played cards with the MacDonalds. 

But the Campbells carried sealed orders from King William -- "You are hereby ordered to fall upon the Rebels, the McDonalds of Glenco, and putt all to the sword under seventy..." 

In the night, they fell on the members of Clan MacDonald under the order of the King, and slaughtered 38 members of the clan.  Another 40 women and children died of exposure when they tried to escape into the wintery night.  To this day, no Scot will trust a man who brings a sword to dinner, and the name Glen Coe is synonymous with treachery.

I mention this historical footnote because I came across an editorial on CNet this week called "'Tis the Season for Commonsense Copyright."  Authored by Maura Corbett, partner in a Washington, DC pr firm, the piece is a gushing endorsement of H.R. 4279, a copyright bill introduced as a gift to copyright holders by Judiciary Chairman John Conyers (D-Mich.) and Congressman Howard Berman (D-Calif.).  Ms. Corbett writes of the bill:

"It's the season of giving, and the House Judiciary Committee could give consumers, innovators, and artists what they are asking for--fair and balanced copyright reform--and even give a holiday boost to our technology-driven economy." 

Bovine excrement.  This bill does nothing of the sort.

It fails to do anything to promote fair use.  It does, however, substantially raise the penalties for copyright infringement, allowing for multiple awards for a single infraction that could drive the penalty cost of copying a single CD -- even if that copy was made legally under current law -- to as much as $360,000.

It creates a new copyright squad within the US Department of Justice to act as the private police force for the copyright industry.  But according to Ms. Corbett:

"What H.R. 4279 offers, if we are very lucky, is the beginning of a meaningful conversation."  

What she perhaps meant to say is that you can have a meaningful conversation with federal agents before they arrest you and destroy your life for making a copy of a CD you already bought.

I don't pretend to have all of the answers when it comes to copyright.  It is important that authors and artists be compensated for their efforts.  It is important to protect American copyrights and trademarks here and abroad.  And no one should condone stealing.  But it is also important to protect the cherished and traditional notion of fair use.  And to protect school kids and single moms from the thuggery of the entertainment industry.  And to protect taxpayers from government bureaucracies run amok.

Whatever H.R. 4279 offers, it is not a meaningful conversation.  It is not an effort to address the glaring and crippling problems created by the odious Digital Millennium Copyright Act.  It is not the solution that consumers, innovators and artists are asking for.

For consumers, this is a copyright Glen Coe.  And the Campbells are coming for dinner.