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"Webcaster's Right"

There's a European concept of "broadcaster's right" that suggests TV and radio stations can control the dissemination of their broadcasts. Now the U.S. delegation to the World International Property Organization wants to extend this control to the web, and as Andy Oram says, "this is a new threat to the public domain."

What would a webcaster's right mean? It would mean you couldn't retransmit content put up by someone else on the Web without permission. The proposal tries to indicate that the restriction covers only images and sound, but it's not clear that a line can be drawn between such content and other things, including text. At any rate, the idea of extending the broadcaster's right to the Web is bizarre and fundamentally out of sync with how the Web works. The whole basis of the Web is making links; people don't normally copy and retransmit material.

I take it back. Copying and retransmission happens on the Web all the time. It's call caching, and it's crucial to the efficient operation of the Web. Even if the webcasting treaty leaves a loophole to allow caching, the treaty may hamper another promising way of reducing the load on servers: chained downloads that piggyback on intermediate nodes, the basis for useful protocols such as BitTorrent.

The U.S. delegation is pushing for this strange new right under the catch-all rubric of "harmonizing" the Web with broadcasting, and, of course, that shibboleth of regulators, "technological neutrality." But because equating Web distribution with broadcasting is absurd on the face of it, one has to wonder what is really on the minds of the large portals who put so much energy into forcing this radical change on the public....

jon posted this at 5:11 PM
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