L'article est s'intitule "The Economics of Copyright Law: A Stocktake of the Literature" (référence complète), cosigné entre autres par Ruth Towse, une des fondatrices du champ de l'économie de la culture. L'extrait suivant (tiré de la conclusion) me paraît un excellent résumé des principaux reproches qu'on peut faire au projet même de la loi Hadopi :
Technological change is rarely smooth and before the effects of one change have played themselves out, another is on the way. We also know from studies of innovation that previous waves of innovation were initially resisted by industries slow to appreciate their potential uses and they attempted to halt their progress by recourse to law and lobbying; the most significant example is the resistance of the film industry to video recorders (which eventually enabled it to earn a great deal from derivative and secondary use). The implication of these observations is that governments should not act hastily in response to demands for more copyright protection because we really do not know what the effects will be in possibly inhibiting technical progress and the development of new ways of doing business. On the other hand, governments should not take action that promotes one type of technology until it is fully adopted. The emphasis in the WIPO Internet Treaties and in the EU ‘Information Society Directive’ on DRM and TPM seems to have been premature as there is no standard system and no knowledge about their costs and who will pay them. Protection can easily slip into Protectionism.
Est-il vraiment nécessaire d'en dire plus ?