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Moral Panics and the Copyright Wars by William Patry Pdf
In Moral Panics and the Copyright Wars, William Patry offers a lively, unflinching examination of the pitched battles over new technology, business models, and most of all, consumers. He lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. A centrist and believer in appropriately balanced copyright laws, Patry concludes that the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning.
Moral Panics and the Copyright Wars by William Patry Pdf
Metaphors, moral panics, folk devils, Jack Valenti, Joseph Schumpeter, John Maynard Keynes, predictable irrationality, and free market fundamentalism are a few of the topics covered in this lively, unflinching examination of the Copyright Wars: the pitched battles over new technology, business models, and most of all, consumers. In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program--not a property or moral right. As a government program, copyright must be regulated and held accountable to ensure it is serving its public purpose. Just as Wall Street must serve Main Street, neither can copyright be left to a Reaganite "magic of the market." The way we have come to talk about copyright--metaphoric language demonizing everyone involved--has led to bad business and bad policy decisions. Unless we recognize that the debates over copyright are debates over business models, we will never be able to make the correct business and policy decisions. A centrist and believer in appropriately balanced copyright laws, Patry concludes that calls for strong copyright laws, just like calls for weak copyright laws, miss the point entirely: the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning. Our current regime, unfortunately, creates too many bad incentives, leading to bad conduct. Just as President Obama has called for re-tooling and re-imagining the auto industry, Patry calls for a remaking of our copyright laws so that they may once again be respected.
Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
NEW YORK TIMES BESTSELLER • A groundbreaking history of 175 years of American education that brings the lessons of the past to bear on the dilemmas we face today—and brilliantly illuminates the path forward for public schools. “[A] lively account." —New York Times Book Review In The Teacher Wars, a rich, lively, and unprecedented history of public school teaching, Dana Goldstein reveals that teachers have been embattled for nearly two centuries. She uncovers the surprising roots of hot button issues, from teacher tenure to charter schools, and finds that recent popular ideas to improve schools—instituting merit pay, evaluating teachers by student test scores, ranking and firing veteran teachers, and recruiting “elite” graduates to teach—are all approaches that have been tried in the past without producing widespread change.
Moral Combat by Patrick M. Markey,Christopher J. Ferguson Pdf
In family rooms across America, millions of children and teenagers are playing video games, such as Call of Duty, Halo, and Grand Theft Auto, roaming violent virtual worlds—with virtual guns in their hands. In what sometimes seems like an increasingly violent world, it's only natural to worry about the effects of all this pixelated gore. But is that concern misplaced? Authors and psychologists Patrick M. Markey and Christopher J. Ferguson say it is. The media and politicians have been sounding the alarm for years, and with every fresh tragedy involving a young perpetrator comes another flurry of articles about the dangers of violent media. The problem is this: Their fear isn't supported by the evidence. In fact, unlike the video game–trained murder machines depicted in the press, school shooters are actually less likely to be interested in violent games than their peers. In reality, most well-adjusted children and teenagers play violent video games, all without ever exhibiting violent behavior in real life. What's more, spikes in sales of violent games actually correspond to decreased rates of violent crime. If that surprises you, you're not alone—the national dialogue on games and violence has been hopelessly biased. But that's beginning to change. Scholars are finding that not only are violent games not one of society's great evils, they may even be a force for good. In Moral Combat, Markey and Ferguson explore how video games—even the bloodiest—can have a positive impact on everything from social skills to stress, and may even make us more morally sensitive. Tracing the rise of violent games from arcades to online deathmatches, they have spent years on the front lines of the video game debate and now offer a comprehensive overview of the scientific research on gaming. With humor, complete honesty, and extensive research, they separate the myth from the medium. Moral Combat is an irreverent and informative guide to the worries—and wonders—of our violent virtual world.
Author : Roger N. Lancaster Publisher : Univ of California Press Page : 322 pages File Size : 55,7 Mb Release : 2011-03-15 Category : Social Science ISBN : 9780520948211
Sex Panic and the Punitive State by Roger N. Lancaster Pdf
One evening, while watching the news, Roger N. Lancaster was startled by a report that a friend, a gay male school teacher, had been arrested for a sexually based crime. The resulting hysteria threatened to ruin the life of an innocent man. In this passionate and provocative book, Lancaster blends astute analysis, robust polemic, ethnography, and personal narrative to delve into the complicated relationship between sexuality and punishment in our society. Drawing on classical social science, critical legal studies, and queer theory, he tracks the rise of a modern suburban culture of fear and develops new insights into the punitive logic that has put down deep roots in everyday American life.
Landscapes of Injustice by Jordan Stanger-Ross Pdf
In 1942, the Canadian government forced more than 21,000 Japanese Canadians from their homes in British Columbia. They were told to bring only one suitcase each and officials vowed to protect the rest. Instead, Japanese Canadians were dispossessed, all their belongings either stolen or sold. The definitive statement of a major national research partnership, Landscapes of Injustice reinterprets the internment of Japanese Canadians by focusing on the deliberate and permanent destruction of home through the act of dispossession. All forms of property were taken. Families lost heirlooms and everyday possessions. They lost decades of investment and labour. They lost opportunities, neighbourhoods, and communities; they lost retirements, livelihoods, and educations. When Japanese Canadians were finally released from internment in 1949, they had no homes to return to. Asking why and how these events came to pass and charting Japanese Canadians' diverse responses, this book details the implications and legacies of injustice perpetrated under the cover of national security. In Landscapes of Injustice the diverse descendants of dispossession work together to understand what happened. They find that dispossession is not a chapter that closes or a period that neatly ends. It leaves enduring legacies of benefit and harm, shame and silence, and resilience and activism.
The Rise of Victimhood Culture by Bradley Campbell,Jason Manning Pdf
The Rise of Victimhood Culture offers a framework for understanding recent moral conflicts at U.S. universities, which have bled into society at large. These are not the familiar clashes between liberals and conservatives or the religious and the secular: instead, they are clashes between a new moral culture—victimhood culture—and a more traditional culture of dignity. Even as students increasingly demand trigger warnings and “safe spaces,” many young people are quick to police the words and deeds of others, who in turn claim that political correctness has run amok. Interestingly, members of both camps often consider themselves victims of the other. In tracking the rise of victimhood culture, Bradley Campbell and Jason Manning help to decode an often dizzying cultural milieu, from campus riots over conservative speakers and debates around free speech to the election of Donald Trump.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
The 1980s saw the peak of a moral panic over fantasy role-playing games such as Dungeons and Dragons. A coalition of moral entrepreneurs that included representatives from the Christian Right, the field of psychology, and law enforcement claimed that these games were not only psychologically dangerous but an occult religion masquerading as a game. Dangerous Games explores both the history and the sociological significance of this panic. Fantasy role-playing games do share several functions in common with religion. However, religionÑas a socially constructed world of shared meaningÑcan also be compared to a fantasy role-playing game. In fact, the claims of the moral entrepreneurs, in which they presented themselves as heroes battling a dark conspiracy, often resembled the very games of imagination they condemned as evil. By attacking the imagination, they preserved the taken-for-granted status of their own socially constructed reality. Interpreted in this way, the panic over fantasy-role playing games yields new insights about how humans play and together construct and maintain meaningful worlds. LaycockÕs clear and accessible writing ensures that Dangerous Games will be required reading for those with an interest in religion, popular culture, and social behavior, both in the classroom and beyond.
The United States Supreme Court famously labeled copyright "the engine of free expression" because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today's greatly expanded copyright law often does the opposite--it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech concerns, revealing how copyright law can impose unacceptable burdens on speech. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringements, Hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished. Copyright and free speech will always stand in some tension. But there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and fashion new art. This book shows us how.
Critical Readings: Moral Panics And The Media by Critcher, Chas Pdf
First coined by Stanley Cohen in 1972, 'moral panic' is a key term in media studies, used to refer to sudden eruptions of indignant concern about social issues. An occurrence of moral panic is characterised by stylized and stereotypical representation by the mass media, and a tendency for those in power to claim the moral high ground and pronounce judgement. In this important book, Chas Critcher brings together essential readings on moral panics, which he contextualises in the light of moral panic scholarship through an editor’s introduction and concise section introductions. The first section discusses moral panic models, and includes contributions on the history and intellectual background of the concept. Differences in thinking between British and American moral panic scholarship are also examined. A second section features important case studies, including AIDS, Satanism, drugs, paedophilia and asylum seekers. This is followed by readings that look at themes such as the importance of language, rhetoric and discourse; the dynamics of media reporting and how it affects public opinion; and the idea of the ‘risk society’. Finally, readings critique and debate the use and relevance of moral panic models. Critical Readings: Moral Panics And The Mediais a valuable resource for students and researchers in media studies, criminology and sociology. Essays by:David L. Altheide, Nachman Ben-Yehuda, Joel Best, Theodore Chiricos, John Clarke, Stan Cohen, Chas Critcher, Mary deYoung, Julie Dickinson, Erich Goode, Johanna Habermeier, Stuart Hall, Sean P. Hier, Tony Jefferson, Philip Jenkins, Hans Mathias Kepplinger, Jennifer Kitzinger, Daniel Maier-Katkin, Angela McRobbie, Peter Meylakhs, Suzanne Ost, Bryan Roberts, Liza Schuster, Stephen Stockwell, Kenneth Thompson, Sarah L.Thornton, Sheldon Ungar, Simon Watney, Jeffrey Weeks, Michael Welch, Paul Williams.
Moral Panics by Erich Goode,Nachman Ben-Yehuda Pdf
Packed with new examples and material, this second edition providesa fully up-to-date exploration of the genesis, dynamics, and demiseof moral panics and their impacts on the societies in which theytake place. Packed with updated and recent examples including terrorism,the 9/11 attack on the World Trade Towers, school shootings, flagburning, and the early-2000s resurgence of the “sexslave” scare Includes a new chapter on the media, currently regarded as amajor component of the moral panic Devotes a chapter to addressing criticisms of the first editionas well as the moral panics concept itself Written by long-established experts in the field Designed to fit both self-contained courses on moral panics andwider courses on deviance
Holt argues strategy is the process by which an organization presents itself to itself and others. To bring this about exponents of strategic inquiry attempt t gather knowledge about the conditions in which any organization is being organized: emerging markets, restless geo-political environments, networks of technological ordering, populations with differing skill sets, and the like. The upshot of such inquiry is a succession of images by which an organization attains distinction as a unity, or 'self'. Using work from literature, art, and philosophy, Holt explores what it means to present such an organizational 'self'. In strategy practice, he identifies three related forms of presentation. First comes strategy as a project of representational knowledge. Here strategists generate accurate, timely, and complex information to build successive images of the organization and its place in the world. Though pervasive and persistent, these overtly technical images remain subject to the basic skeptical challenge that things could be otherwise. In response, come the second and third forms of self presentation: the creation of visionary images, or assertions of competitive brute will. Here too come problems. With vision comes the risk of collective thoughtlessness, and with brute will a one dimensional condition of aquisitive competition. Holt suggests judgment offers another way of responding to the skeptics' challenge. Tracing a narrative through the ideas of David Hume, Immanuel Kant, Adam Smith, William Shakespeare, William Hazlitt, Hannah Arendt, Stanley Cavell, Harold Pinter, Virginia Woolf, Martha Nussbaum and others, Holt finds much might be gained from associating strategic inquiry with a form of critical or poetic spectating. It is, he argues, by having this un-homely sense of 'being besides' oneself that an organization can best present itself to itself and others.
This book investigates the normalisation of blame-shifting within ideological discourse as a broad feature of history, working from Churchill’s truism that history is written by the victors. To that end, it explores historical episodes of political persecution carried out under cover of moral panic, highlighting the process of ‘Othering’ common to each and theorising a historical model of panic-driven scapegoating from the results. Building this model from case studies in witch panic, communist panic and terrorist panic respectively, The Oldest Trick in the Book builds an argument that features common to each case study reflect broader historical patterning consistent with Churchill’s maxim. On this basis it argues that the periodic construction of bogeymen or ‘folk demons’ is a useful device for enabling the kind of victim-playing and victim-blaming critical to protecting elite privilege during periods of crisis and that in being a recurring theme historically, panic-driven scapegoating retains great ongoing value to the privileged and powerful, and thus conspicuously remains an ongoing feature of world politics.
