[wos] End of resistance against DRM?

[Juergen Fenn]

Felix Stalder <felix at openflows.org> writes:

> On Saturday, 15. April 2006 10:44, Juergen Fenn wrote:
>> Felix Stalder <felix at openflows.org> writes:
>> >> mabe it would be interesting to have a discussion between lessig and the
>> >> swedish pirates of piratpyran here.
>> >
>> > I don't think that would be productive. I have a suspicion, I already
>> > know what Lessig would say: "I would support you if we were not in the
>> > real world, where we have to make reasonable arguments, otherwise we give
>> > our enemies the amunition to shoot us down."
>>
>> Not exactly wrong.
>
> I guess it depends how you see social change happening. If you believe, like 
> any self-respecting lawyer, that it's the law that determines social 
> development, then, indeed, we need to do everything we can to appease those 
> who make laws. However, if you think that laws reflect social behaviours then 
> we need to support intersting new developments, see what's possible, and 
> worry later if that is legal. If Fanning had asked a lawyer first before 
> relasing Napster, nothing would have happened. Sure, the RIAA would not 
> started to sue thousands of people, but would that really have been a better 
> course of events?
>
> Of course, this is not an 'either-or', but rather a mutual shaping of law and 
> society, so the perhaps it's more a question of tactics and personal 
> perferences.

The latter is exactly what I think. 

I also think you should re-consider your idea of the views a
'self-respecting lawyer' holds. ;-)

Jürgen.