Christopher Wood wrote:
The stuff about the history of copyright at
Main Page ("Copyright was originally intended as a mechanism to promote the creation of works"),
Copyright and
Core Policy is just plain wrong... copyright grew out of censorship, it was marketed as being for authors but it was actually created and promoted entirely by censors and publishers. See (in order of importance):
I think the origins of copyright law predate January 13, 1535 (which is the earliest date I saw in the above references). The Statute of Monopolies, passed on 25 May 1624, as I understand it, was based on the idea that grants of royal privilege (used among other things to restrict copying) could not be justified if they were harmful to the public good <http://en.wikipedia.org/wiki/Statute_of_Monopolies>. I believe such grants of royal privilege go back to somewhere around the 10th century <http://www.britannica.com/EBchecked/topic/25121/Anglo-Saxon-law>. You could argue, I suppose, that the Statute of Monopolies was not a reinstatement of original limitations on royal privilege, but rather a novel reinterpretation of royal privilege, but OTOH I'm not sure royal privilege was originally about censorship either. Also, for what it's worth, I believe something similar to a limited form of copyright or patents is thought to have existed in ancient Greece <http://en.wikipedia.org/wiki/History_of_patent_law#cite_ref-5>, and was for the promotion of good works (although I guess it might be debated whether this played any part in the origin of the copyright law we have now).
I think you're right that this page is in need of a rewrite, but I don't think it's accurate to say that copyright originated in censorship either. In any case the Statute of Anne is widely regarded as the beginning of
modern copyright law at least, and the copyright clause in the USA constitution was a significant early decision in USA copyright law (which is very relevant because it is the USA in particular that is pushing copyright restrictions today). So to me, I think these are probably two of the most significant developments in the early history of copyright. If we want to go back earlier than these, then I think it would probably be best to keep it pretty brief, essentially as a bit of background for these two.
Christopher Wood wrote:
Also on the Main Page:
"We don't think authors have a moral right to impose such control, but rather that such control can only be justified by democratic agreement to advance the public good by providing an incentive for creating works."
This says basically nothing. Copyright maximalists could say the same.
I don't agree. If copyright is considered a moral right, then we would conclude that it ought to be imposed no matter what. If copyright is instead considered as a democratic agreement to advance the public good, then it must meet three conditions. It must actually be supported by real democratic agreement (not a claim of right), it must actually advance the public good (so not be imposed beyond the extent that the marginal economic benefit of further restriction would be outweighed by the marginal economic detriment of it), and it must not infringe on our personal rights (unless you consider democracy to be a justification for infringing on people's personal rights).
Christopher Wood wrote:
In terms of materials, of course per-copy profits are necessary, because they use scarce resources. In terms of pure information, people do not need (and have never needed) per-copy profits to have incentive for creating works. Information is not scarce, and culture is anti-scarce.
Rufus Pollock reckons that there's an economic benefit in allowing a 15 year term of copyright restriction <http://www.rufuspollock.org/economics/papers/optimal_copyright.pdf> <http://www.rufuspollock.org/economics/papers/optimal_copyright_term.pdf>, and he seems credible to me.