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Crawford Paper on the Broadcast Flag

Ernest’s link to Susan Crawford’s post Chimps and Copyrights made me remember to point to her new paper available at SSRN: The Biology of the Broadcast Flag.



“We should pay attention to the evolutionary ecosystem of the law as the background medium in which innovation occurs, business models evolve, and social factions grow and prosper. This article argues that preserving the flexibility and evolutionary richness of the code/law background medium (code/law) should be our aim. We need to avoid both codes and laws that unduly freeze innovation, so that code/law can continue to evolve. Competitive DRM systems – self-enforcing private ordering – are a better solution in this context than harmonized code/law.”

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