This article, by Chuck Cochems, is an interesting look into the mind of a video game consumer.  This particular consumer is annoyed at video game companies (“corporate fat cats”) for their unending bashing of video game emulation.  He feels that they are simply out to make as much profit as possible, and do not really care about what is right or legal.  However, what starts as just a long rant against the industry morphs into the author’s attempt to find a legitimate, legal defense for video game ROMs.  After discarding all of the traditional defenses, he turns to the Betamax case, and focuses on what he refers to as “the personal use defense.”  Through his reading of the decision, the author comes to the conclusion that ROMs made for personal use could not be infringing.  He also applies this personal use logic to the DMCA, claiming that since a personal use could not possibly be commercial, the DMCA does not apply to copies made by consumers (he also notes catch-22 inherent in the DMCA, that nobody can legally provide the equipment to make a legal backup copy of a video game).  So, there does exist a legal means for a consumer to make backup ROMs of a video game.

While the author makes some valid points, a lot of his logic seems to fall flat.  The Betamax case cannot be applied to space-shifting quite as easily as Cochems might think, even if it only applies to personal use.  And not every personal use is non-infringing; it is clearly possible to infringe on someone’s copyright without selling or trading the infringement.  Also, he simply waves the DMCA away with a wand and the magical words “personal use.”  This is an unlikely scenario at best, and downright wrong at worst.  However, the true power of this article is to demonstrate how important this issue is for a significant segment of consumers.  It is clear while reading this article that Cochems cares passionately about video game emulation, if only on an ethical level.  He is “sick and tired” of the attempts by the video game industry to stamp out emulation, and he is looking for any legitimate argument to ensure the legality of video game ROMs.  The video game industry wants to avoid creating a consumer base that predominantly resembles Cochems.  Otherwise, they could find themselves in the same position as the RIAA.

Sprigman, Christopher. "Fashion Copyright, 'Corruption,' and the Unheard Consumer." Public Knowledge Blog. http://www.publicknowledge.org/node/1404. February 20, 2008.

This blog provides some very useful insight into how the fashion industry works and the corruption plauging the industry. The fashion industry's success can be attributed to the cyclical nature of consumption. Basically, copying helps to set trends, trends lead to consumption, more copying destroys that same trend due to overexposure, and the industry moves on to new trends. Therefore, copying does not harm the process; it is the process that creates profits in fashion. Why then would anyone want to destroy the process that generates money? Sprigman answers this question by accusing the Council for Fashion Designers of America of corruption and selfishness. The CFDA is the group that is promoting copyright laws for fashion design. However, the CFDA only represents a small fraction of the industry, the elite designers. The needs of the thousands of non-elite designers, manufacturers, retailers, distributors, and consumers are completely overlooked by the CFDA. These elite designers, who sell clothes for ridiculous prices, are the only ones who can afford to compete and prosper in a revised industry where every design is subject to infrigement suits. This is because these elite groups are the only ones who can afford lawyers. Just to increase profit a little for the small group of elite designers, the CFDA is going to raise prices and reduce consumer choices in an industry that has been incredibly successful for a very long time. These laws hurt consumers. However, consumer needs are ignored because of corrupt politics. These elite corporations can afford to pay Congressmen to sponsor the passing of bills they support. Therefore, intellectual property laws are badly warped due to elite desires and political corruption.

Although blogs are not necessarily the most reliable sources, the author of this blog is Chris Sprigman, the author of the Piracy Paradox. This blog is so interesting because it provides a completely different take on the fashion copyright war: a political angle. Rather than having an equal amount of people of either side of the debate, Sprigman argues that only a very few elite designers actually support these laws. The other supporters, such as those in Congress, are just a result of corruption. The argument here is the decision made regarding this issue should benefit the majority or the "public good." Since the CFDA is a small fraction of the fashion industry, passing these laws would harm the majority simply because this elite group is able to buy support. Therefore, this article is structured around attacking the CFDA and Congress and their reasons for supporting design protection. This will be very beneficial to my paper and argument since I can use these claims to counterargue declarations that fashion copyright will benefit the industry, consumers, and the fashion cycle.