Obiter Dicta Issue 14 - April 6, 2015 | Page 15

OPINION Monday, April 6, 2015   15 3D printing » continued from page 7 It seems unnecessary, however, to find remedy through these distortions of the criminal law. Attempts to stymie the dissemination of controversial source code by denying it protection as free speech appear to be based on a solution to the matter that goes beyond addressing concerns for the safety of the public. It is overreaching to suggest that mere possession of source code that has the potential to create a dangerous weapon should be equated to possession of that weapon itself. This logic falls victim to the basic fallacy of necessity. Source code produces dangerous weapons. John possesses source code. Therefore, John produces dangerous weapons. These sentiments speak to a larger issue whereby stakeholders are using these safety concerns and other distractions in an attempt to curtail the disruptive influence 3D printing has on the status quo. Yes, the technology gives individuals the ability to print drugs, sex toys, and dangerous weapons; but the danger in allowing the debate to become overshadowed by these potential negative consequences prevents an innovative transformation that has the potential to reshape our culture for the better. Another particularly interesting aspect of 3D printing is its capacity to intersect with all forms of intellectual property: patents, trademarks, copyright, industrial designs, and even trade secrets. Rarely before have we seen a technology with the potential for users to create objects so comprehensively covered by IPRs. Previously, access to 3D printers was limited to industry and out of reach for the general public. As the patents on this technology begin to expire, what previously cost $25,000 now sells for roughly $1,300. As these financial barriers disappear, access to the technology has increasingly become available to the public. This has raised concerns about the impact this rapidly developing field of technology will have upon intellectual property rights. The fear is that the ability to regulate and enforce these rights will be diminished as the capacity to produce infringing objects becomes ubiquitous. Comparisons have been drawn between the effects of 3D printing on patents and Napster’s effects on copyright. In an article published in the Georgetown Law Journal, professors Deven Desai and Gerard Magliocca suggest that 3D printing “will do for physical objects what MP3 files did for music.” In our increasingly technocratic society, social media has allowed for a shift in the traditional balance of power. These new online communication models have given rise to a culture defined by active participation and expression. As a result of this new philosophy taking hold on a new generation, we have increasingly seen the derogation of intellectual property rights. In fact, some extremist thinkers have speculated that we are in the midst of a technical revolution that is set to bring about the abrogation of intellectual property law as a whole. While the concerns that give rise to these fears might prove to be well-founded, the notion that 3D printing will render intellectual property rights irrelevant and obsolete can more accurately be described to be academic fearmongering than a potential reality. Giving credence to this view discounts an established institution’s ability to respond and adapt to a changing environment. Similar predictions were made with respect to copyright law in the music industry as P2P sharing networks rose in popularity on the Internet. A stubborn and ill-conceived response from rights holders certainly didn’t help to dispel the threats they faced. Notwithstanding these tactical blunders, the industry was eventually able to piece together some semblance of a new business model that appropriately responded to the ways in which new technology had reshaped the demands of the market. Online services developed which focused on access to rather than ownership of creative works. Sites like Apple’s iTunes were the first to reimagine the way in which intellectual property could be commercialized after the effect of digitization. By identifying and responding to this new unconventional understanding of proprietary information, the doors to a world embracing the democratization of knowledge had been opened. Finally, what is most fascinating about this area of technology is how little attention it has received within academic circles in the legal community. If we are truly on the cusp of what is shaping to be the “third industrial revolution,” it seems remiss not to develop a more substantive discourse that contemplates the impact 3D printing will have upon our society’s legal rights and obligations. What currently exists has only touched upon the surface of what begs to be considered.  u ê Joseph DeSimone, cofounder of Carbon3D. Photo credit: TED.com t humbs UP Coachella dismissing selfie sticks as “narcisstics.” Non-full-time/contract faculty WE WANT YOU. More than half of teachers in Ontario’s colleges and universities are non-full-time/contract faculty. Help us understand you better to improve education for everyone. Take the survey. Make a difference. Visit invisibleworkforce.ca now. HEQCO is an independent agency of the Government of Ontario.