German copyright > English copyright?

Der Spiegel has posted a summary of the work of economic historian Eckhard Höffner (see here for one of Höffner’s presentations).  As Der Spiegel summarizes Höffner’s question, “Did Germany experience rapid industrial expansion in the 19th century due to an absence of copyright law?”  Höffner argues that England’s draconian 19th century copyright laws resulted in a “chronically weak book market that caused England, the colonial power,to fritter away its head start within the span of a century, while the underdeveloped agrarian state of Germany caught up rapidly, becoming an equally developed industrial nation by 1900.”

As Matthew Lasar points out in his analysis for Wired, however, Höffner’s thesis is vulnerable to correlation vs. causation objections.  For one thing, many European countries (and their colonies) had growth outpacing England’s during this time period, and many of these countries also had strong copyright laws.

I find one of Lasar’s other objections to Höffner’s thesis less persuasive:

…when we put all the legal and economic comparisons aside, we have to ask how much the United Kingdom really suffered from its allegedly stultifying copyright rules. Sure, the nation’s economic growth declined compared to Germany and the US, but it certainly turned out some great literature; we’re still talking about the country of Charles Dickens, John Stewart Mill, Jane Austen, Lewis Carroll, and Arthur Conan Doyle.

And don’t forget that this is the nation whose scientists discovered the electron and the precise behavior of heat, explained the nervous system, electromagnetic laws, and the true nature of evolution, and whose inventors pioneered modern steel, the telegraph, the suspension bridge, and (over a century later) the theory of Internet packet switching as it is widely understood today.

I’d be curious to hear what you think.

See no evil

The Wall Street Journal is reporting a summary judgment ruling in the Viacom vs. YouTube copyright infringment case (link to the opinion here).

For those of you not familiar with the case, Viacom, which owns a host of media outlets, is suing on the theory that YouTube/Google is legally responsible for Viacom clips that YouTube users post.  As Judge Louis Stanton puts it, “the critical question” from a legal perspective is whether the law punishes an online service provider that has “a general awareness that there are infringements” taking place (i.e., the fact that everyone knows there are infringing videos up on YouTube) or whether YouTube is only responsible if it has “actual or constructive knowledge of specific and identifiable infringements of individual items.”  Closely reading the Digital Millennium Copyright Act [text] and its legislative history, Judge Stanton concludes that “[m]ere knowledge of prevalence of [infringing] activity is not enough….To let knowledge of a generalized practice of infringement in the industry, or of a proclivity of users to post infringing materials, impose responsibility on service providers to discover which of their users’ posting infringe a copyright would contravene the structure and operation of the DMCA.”

This one’s virtually certain to be appealed.  Stay tuned…

Chunga – 6/23/10 8:24 PM – The onus now seems to be on the content providers, like Viacom, to monitor which of their products are uploaded and then ask for their removal (which Google appears quite willing to do). If Viacom does not explicitly ask for a removal, YouTube/Google can keep all sorts of of copyrighted material online?

Sagescape – 6/23/10 9:34 PM – Generally speaking, that’s correct.  There’s a very helpful FAQ maintained by ChillingEffects.org that describes the DMCA’s “notice and takedown” process in some detail.