The Times, they are a changin'

One cannot help but wonder who reminded the New York Times' editorial board that they are all employees of a content-merchandising corporation. Lessig has properly described this Monday's pre-Grokster editorial as "insanely poor."

In a nutshell, here's why . . .

The editorial concludes with this appalling "argument":

Both the court and Congress should be sensitive to evolving technologies. But they should not let technology evolve in a way that deprives people who create of the ability to be paid for their work.

Once again . . .

"they should not let technology evolve . . ."

Contrast this with: "Congress shall have the power . . . to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" (U.S. Constitution).

Or, for even more fun, contrast it with this editorial from the New York Times JUST SIX MONTHS AGO, in which the very same (or is it?!?!?!) Times editorial board arrives at a very nearly opposite argument, writing:

But the bill [the INDUCE Act] is so loosely worded that it could threaten a host of legal information-sharing practices and technologies. That includes everything from the iPod to automatic online translation. Critics claim, with reason, that this overreaching bill would have deeply chilling effects on technological innovation.

The Times, it appears, wishes to stake out that narrow, narrow isthsmus of territory on which it is possible to be simultaneously anti-INDUCE (because it threatens technological innovation) but pro-MGM (because we ought not allow technologies to evolve if they threaten existing business models).

Enjoy that isthsmus, while it lasts . . . or in the alternative . . .

Come gather 'round people
Wherever you roam
And admit that the waters
Around you have grown
And accept it that soon
You'll be drenched to the bone.
If your time to you
Is worth savin'
Then you better start swimmin'
Or you'll sink like a stone
For the times they are a-changin'