In the March 1994 issue of Wired magazine, Grateful Dead lyricist, Wyoming rancher and co-founder of the Electronic Frontier Foundation, John Perry Barlow delivered a revolutionary discourse on the challenge to intellectual property in the emerging digital age. His original article, now taught in many law schools, is worth revisiting as a touchstone to see how much progress we have made in the past fourteen years.
The system of copyright and patent law that governs intellectual property ownership is the product of an era that produced tangible outputs. An idea’s true value was realized only through its physical manifestation. Books, records, CDs, DVDs, and floppy disks represented not the idea, but the conveyance of the idea. That is how intellectual property has traditionally been controlled and sold.
The World Wide Web, and all its appurtenances, made the physical conveyance of ideas and information less tangible. Property laws have failed to evolve in a meaningful way and no longer fit the times. What we have witnessed, and are continuing to experience, is a profound change in the concept of property, value, ownership and the concept of wealth. The magnitude of this discontinuity has become a major threat to the traditional proprietors of intellectual goods -- music companies, publishers, software developers. The response to the threat has been to try to fit the very square peg of existing intellectual property law into the round hole of the digital environment.
The larger threat to society is the potential damage to to the economy of ideas. That threat has been moderated over the past several years as the concept and structure of social networking has been fleshed out. Most ideas reach their full potential through the ad hoc, collaborative imagination of many individuals and constituencies. Shared ideas become more profound, more rounded and more valuable to more people and institutions. Whatever the form the debate takes and however we reframe intellectual property rights for the digital age, it is imperative to maintain a culture that values ideas over things. Greed must somehow be sublimated to the common good, and the potential for the free sharing of ideas, to enrich everyone.