1. Relating Memes of Justice & Technology Legal Constraints on (Digital) Creativity Class 3 – Technological Constraints UBC Law @ Allard Hall Jon Festinger Q.C. Centre for Digital Media Festinger Law & Strategy http://videogame.law.ubc.ca @gamebizlaw jon_festinger@thecdm.ca

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11. Today: The Relationship of Law to Technology Printing Press 1570

12. The Printing Press (legally) begat.. The Statute of Anne (1710) Purpose: Copyright and/or Freedom of Expression?

13. …& a clue (working backwards)? Areopagitica: A speech of Mr. John Milton for the Liberty of Unlicenc’d Printing, to the Parlament of England, 1644

14. John Milton would have liked Johanna Blakely’s “Lessons from fashion’s free culture” ???

15. But consider the role of $$$$ in all this (from last week)

16. Is the role of reward in IP a red herring?

18. Present day digital media technology example (with irony)

21. http://www.scotusblog.com/case-files/cases/american-broadcasting-companies-inc-v- aereo-inc/

22. So What’s It All About? Copyright Creativity Control Incumbancies $$$ Which is in service to which?

23. Is this related or not?

24. Or Don’t Worry Be Happy?

25. But surely the Rule of Law will save us ?!!

26. Before answering: a caution

27. Beware: Technological Determinism “Technological determinism is a reductionist theory that presumes that a society's technology drives the development of its social structure and cultural values.” (Wikipedia)

28. http://www.theparisreview.org/blog/2015/01/09/hal-mother-and-father/

29. Dr. Richard Smith on “Technological Determinism” “Most of these claims over-emphasize the role of technology, and under-emphasize human agency”

30. A better answer? Technologies evolve over time, with their 'invention’ mediated and controlled by society and societal factors which suppress the radical potential of any particular technology.

31. Deterministic or Not ??

32. Now consider …

33. Back to our previously scheduled programming…

34. …But surely the Rule of Law will save us ?!!

35. The My Answer Is..

36. …the Rule of Law will (probably) save us someone… just not quickly

37. Because… THE LAW SEEMS TO RESPOND SO SLOWLY TO TECHNOLOGICAL CHANGE. WHY?

38. Is it what Brian Winston (appears to) suggest and/or the inevitable effect of a less than obvious cause?

39. “It used to be said that the judges did not make law but merely declared what the law has always been. This is a view that has few, if any, adherents today…But cases are brought raising novel questions, and the judges have to answer them. Their answers will often make law, whatever answer they give, one way or another. So the judges do have a role in developing the law…” Tom Bingham “The Rule of Law’ (Allen Lane 2010)

40. Consider the possibility... …that concepts of Law & Justice can never adequately resolve issues related to communications because…technologies have a role in proactively defining how we communicate…and therefore the future meanings of Justice & the forms Law will take.

41. Put Another Way… Communication tools iteratively alter and shape how and what we communicate, including (over time) how we formulate ethical concerns and legal frameworks…

42. Communications technologies are disruptive… Why would they not disrupt concepts of justice?

43. Technology /Justice (Parallels)? Before Justice was Revenge 1. Pre-literate => Justice as Retribution 2. Writing Instruments =>Justice as Compensation 3. Printing Press => Justice as Rights 4. Mass Media => Justice as Truth 5. Digital => Justice as Resolution 6. Big Data=>Justice as (Individual) Boundaries 7. Virtual reality => ???

44. TECHNOLOGIC AL DETERMINISM? ?

45. Cliffhanger to next week…

46. Next Week: More tech/justice parallels +

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