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While control is needed, and perfectly warranted, our bias should be clear up front: Monopolies are not justified by theory; they should be permitted only when justified by facts. If there is no solid basis for extending a certain monopoly protection, then we should not extend that protection. This does not mean that every copyright must prove its value initially. That would be a far too cumbersome system of control. But it does mean that every system or category of copyright or patent should prove its worth. Before the monopoly should be permitted, there must be reason to believe it will do some good — for society, and not just for monopoly holders.
Lawrence Lessig
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Remember the refrain: We always build on the past; the past always tries to stop us. Freedom is about stopping the past, but we have lost that ideal.
Lawrence Lessig
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All around us are the consequences of the most significant technological, and hence cultural, revolution in generations. This revolution has produced the most powerful and diverse spur to innovation of any in modern times. Yet a set of ideas about a central aspect of this prosperity — "property" — confuses us. This confusion is leading us to change the environment in ways that will change the prosperity. Believing we know what makes prosperity work, ignoring the nature of the actual prosperity all around, we change the rules within which the Internet revolution lives. These changes will end the revolution.
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Now that copyrights can be just about a century long, the inability to know what is protected and what is not protected becomes a huge and obvious burden on the creative process. If the only way a library can offer an Internet exhibit about the New Deal is to hire a lawyer to clear the rights to every image and sound, then the copyright system is burdening creativity in a way that has never been seen before because there are no formalities.
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Americans have been selling this view around the world: that progress comes from perfect protection of intellectual property. Notwithstanding the fact that the most innovative and progressive space we've seen — the Internet — has been the place where intellectual property has been least respected. You know, facts don't get in the way of this ideology.
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While the creative works from the 16th century can still be accessed and used by others, the data in some software programs from the 1990s is already inaccessible. Once a company that produces a certain product goes out of business, it has no simple way to uncover how its product encoded data. The code is thus lost, and the software is inaccessible. Knowledge has been destroyed.
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A free culture is not a culture without property; it is not a culture in which artists don't get paid. A culture without property, or in which creators can't get paid, is anarchy, not freedom. Anarchy is not what I advance here. Instead, the free culture that I defend in this book is a balance between anarchy and control.
Lawrence Lessig
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When government disappears, it's not as if paradise will take its place. When governments are gone, other interests will take their place.
Lawrence Lessig
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The problems with software are just examples of the problems found generally with creativity. Our trend in copyright law has been to enclose as much as we can; the consequence of this enclosure is a stifling of creativity and innovation. If the Internet teaches us anything, it is that great value comes from leaving core resources in a commons, where they're free for people to build upon as they see fit.
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We, the most powerful democracy in the world, have developed a strong norm against talking about politics. It's fine to talk about politics with people you agree with. But it is rude to argue about politics with people you disagree with. Political discourse becomes isolated, and isolated discourse becomes more extreme. We say what our friends want to hear, and hear very little beyond what our friends say.
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"Writing" is the Latin of our times. The modern language of the people is video and sound.
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The most powerful and sexy and well loved of lobbies really has as its aim not the protection of "property" but the rejection of a tradition. Their aim is not simply to protect what is theirs. Their aim is to assure that all there is is what is theirs.
It is not hard to understand why the warriors take this view. It is not hard to see why it would benefit them if the competition of the public domain tied to the Internet could somehow be quashed.
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Law and technology produce, together, a kind of regulation of creativity we've not seen before.
Lawrence Lessig
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The law should regulate in certain areas of culture — but it should regulate culture only where that regulation does good. Yet lawyers rarely test their power, or the power they promote, against this simple pragmatic question: "Will it do good?" When challenged about the expanding reach of the law, the lawyer answers, "Why not?"
We should ask, "Why?" Show me why your regulation of culture is needed. Show me how it does good. And until you can show me both, keep your lawyers away.
Lawrence Lessig
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Overregulation stifles creativity. It smothers innovation. It gives dinosaurs a veto over the future. It wastes the extraordinary opportunity for a democratic creativity that digital technology enables.
Lawrence Lessig
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This is not a left and right issue. This is the important thing to recognize: This is not about conservatives versus liberals.
In our case, in Eldred, we have this brief filed by 17 economists, including Milton Friedman, James Buchanan, Ronald Kost, Ken Arrow, you know, lunatics, right? Left-wing liberals, right? Friedman said he'd only join if the word "no-brainer" existed in the brief somewhere, like this was a complete no-brainer for him. This is not about left and right. This is about right and wrong. That's what this battle is.
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I've told a dark story. The truth is more mixed. A technology has given us a new freedom. Slowly, some begin to understand that this freedom need not mean anarchy. We can carry a free culture into the twenty-first century, without artists losing and without the potential of digital technology being destroyed.... Common sense must revolt. It must act to free culture. Soon, if this potential is ever to be realized.
Lawrence Lessig
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Creation always involves building upon something else. There is no art that doesn't reuse. And there will be less art if every reuse is taxed by the appropriator. Monopoly controls have been the exception in free societies; they have been the rule in closed societies.
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It might be crazy to expect a high government official to speak the truth. It might be crazy to believe that government policy will be something more than the handmaiden of the most powerful interests. It might be crazy to argue that we should preserve a tradition that has been part of our tradition for most of our history — free culture.
If this is crazy, then let there be more crazies. Soon.
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If you understand this refrain, you're gonna' understand everything I want to say to you today. It has four parts:
1. Creativity and innovation always builds on the past.
2. The past always tries to control the creativity that builds upon it.
3. Free societies enable the future by limiting this power of the past.
4. Ours is less and less a free society.
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I believe it would be right for common sense to revolt against the extreme claims made today on behalf of "intellectual property." What the law demands today is increasingly as silly as a sheriff arresting an airplane for trespass. But the consequences of this silliness will be much more profound.
Lawrence Lessig
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We will not reclaim a free culture by individual action alone. It will also take important reforms of laws. We have a long way to go before the politicians will listen to these ideas and implement these reforms. But that also means that we have time to build awareness around the changes that we need.
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That free culture was carried to America; that was our birth — 1790. We established a regime that left creativity unregulated. Now it was unregulated because copyright law only covered "printing." Copyright law did not control derivative work. And copyright law granted this protection for the limited time of 14 years.
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Common sense is with the copyright warriors because the debate so far has been framed at the extremes — as a grand either/or: either property or anarchy, either total control or artists won't be paid.
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When it has become silly to suppose that the role of our government should be to "seek balance," then count me with the silly, for that means that this has become quite serious indeed. If it should be obvious to everyone that the government does not seek balance, that the government is simply the tool of the most powerful lobbyists, that the idea of holding the government to a different standard is absurd, that the idea of demanding of the government that it speak truth and not lies is just naïve, then who have we, the most powerful democracy in the world, become?
Lawrence Lessig
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If the law imposed the death penalty for parking tickets, we'd not only have fewer parking tickets, we'd also have much less driving.
Lawrence Lessig
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One great feature of modern society is the institutionalized respect we give to processes designed to destroy the past.
Lawrence Lessig
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The more important point, however, is not about what the money does. It's about what has to be done to get the money. The effect of the money might be (democratically) benign. But what is done to secure that money is not necessarily benign. To miss this point is to betray the Robin Hood fallacy: the fact that the loot was distributed justly doesn't excuse the means taken to secure it.
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A time is marked not so much by ideas that are argued about as by ideas that are taken for granted. The character of an era hangs upon what needs no defense. Power runs with ideas that only the crazy would draw into doubt. The "taken for granted" is the test of sanity; "what everyone knows" is the line between us and them.
This means that sometimes a society gets stuck. Sometimes these unquestioned ideas interfere, as the cost of questioning becomes too great. In these times, the hardest task for social or political activists is to find a way to get people to wonder again about what we all believe is true. The challenge is to sow doubt.
Lawrence Lessig
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You can't incent a dead person. No matter what we do, Hawthorne will not produce any more works, no matter how much we pay him.
Lawrence Lessig
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Quote of the day
We are half ruined by conformity, but we should be wholly ruined without it.
Charles Dudley Warner
Lawrence Lessig
Creative Commons
Born:
June 3, 1961
(age 63)
Bio:
Lester Lawrence "Larry" Lessig III is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University.
Known for:
Republic, Lost (2011)
Code and Other Laws of Cyberspace (1999)
Code: Version 2.0 (2006)
Remix (2008)
Most used words:
culture
copyright
law
free
creativity
property
system
control
government
work
freedom
ideas
people
time
produce
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