Hydwin China Blawg

The production of expressive works (writings, paintings, musical works, movies and so on) is a creative process of fixation of ideas and knowledge. It is of significance not only to the preservation of human beings’ civilization but also to the very growth of knowledge which, for evolutionary economists, is the origin and locus of economic evolution. The link between wealth creation and growth of knowledge has been a shared theme in a variety of writings of economists, evolutionary economists in particular for many decades. From Marshall to Schumpeter and Hayek, the dynamics of economic progress and its connection to innovation and economic adaptation to emergent novelty apprehended extensive investigation. From the perspective of these evolutionary economists, knowledge and information are critical economic resources in modern economy. To this end, a recent report (the Venturous Australia Report) affirms that information is central to the functioning of the economic system.

Hayek believes that compared to governments, markets act more effectively to optimize the generation and handling of information; however other economists disagree with this assertion. The best approach is likely to be produced by some appropriate hybrid of the two. Modern copyright law (and other laws of intellectual property), as a legal instrument (if not the only one) regulating the production and flow of information, endeavors to sustain this hybrid. However, the existing copyright regime established three centuries ago is very problematic in this new and networked information age. For example, the changing social context, such as the application of new media and communication technologies, new production of knowledge, and especially the democratisation of creativity, has brought about continuing challenges to this regulatory framework. In this networked information society, the prevalence of a participatory and read/write culture and the rise of everyday creativity are reflections of the transformation of the dynamics of knowledge generation and information flow. Accordingly, copyright law more than ever plays an increasing role in the assurance of the flow of information, and thus in promotion of the growth of economy (in both positive and negative senses).

Attachments:

Abstract-CCI Colloquium 2008.pdf

Presentation of CCI PhD Colloquium 2008.pdf

Weeks ago, I received a letter from a guy from TransAsia Lawyers complaining copyright infringment as my personal blog re-published 3 pieces of content of them. Although I believe the using of such content is in the way that is allowed by fair use, I deleted all of them immediately upon their complaining letter. Surprisingly, I was attacked by another letter from them today complianing that I haven't responded to their email. In both cases, the letter were repetitively sent 3 times!!! It is not a complaining letter rahter it is a threatening letter. I am of the opinion that it is a typical lawyer's letter of threatening and bluffing. This is the very part that I hate lawyers or why I dislike to be a lawyer.

I believe the U.S. court's recent move, Copyright owners must consider fair use before sending DMCA takedown notices (see here), would be of significant implications to copyright balance in this networked digital world. The flow of information and knowledge, in my case, is a very realistic concern of copyright users. The preparatory compyright infringment complaining is an act of abusing copyright. Such act of its kind are, in many cases, just bravados of notorious lawyers and copyright holders who even cannot see beyond the length of their nose! There is no chance to expect them to consider public interests and the significance of information flow and knowledge dissemination. Therefore, I believe that there must be statutory rights of copyright users to combat against the tyranny of these copyright holders in order to strike a sound balance between the owners and users of copyright.