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The Legal Regulation Of Printing Press Disrupted The Equilibrium Of Its Day

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Those of us who care about continuing the copyright tradition that regards public access to information as the principal goal of the law are faced with the hard task of searching for and exploring middle-ground scenarios wherein author/publisher interests in receiving compensation can be balanced with user/library interests in having access to information on fair and reasonable terms. Finding and implementing such a balance is all the more challenging in view of the messianic fervor that the Green Paper has engendered in the publishing industry. As we search for middle grounds, it may help to realize new technologies have been disrupting existing equilibria for centuries, yet balanced solutions have been found before. The printing press disrupted the equilibrium of its day. When the first legal regulation of printing proved imbalanced, legislative adjustments achieved a public policy balance that has lasted for a considerable period of time. While the history of copyright reveals many examples of disruptions caused by new technology and the construction of new balanced equilibria, one relatively recent instructive example is that of the cable television industry. When cable technology made it possible to transmit television programming to cable subscribers, owners of programming copyrights sought to stop this retransmission, saying it would be their ruination. Courts, however, found no copyright infringement, saying that passive retransmissions of signals were not “public

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