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There has never been a time in history when more of our "culture" was as "owned" as it is now. And yet there has never been a time when the concentration of power to control the uses of culture has been as unquestioningly accepted as it is now.
Lawrence Lessig
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We have a massive system to regulate creativity. A massive system of lawyers regulating creativity as copyright law has expanded in unrecognizable forms, going from a regulation of publishing to a regulation of copying.
Lawrence Lessig
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The current term of protection for software is the life of an author plus 70 years, or, if it's work-for-hire, a total of 95 years. This is a bastardization of the Constitution's requirement that copyright be for "limited times." By the time Apple's Macintosh operating system finally falls into the public domain, there will be no machine that could possibly run it. The term of copyright for software is effectively unlimited.
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The legal system doesn't work. Or more accurately, it doesn't work for anyone except those with the most resources. Not because the system is corrupt. I don't think our legal system (at the federal level, at least) is at all corrupt. I mean simply because the costs of our legal system are so astonishingly high that justice can practically never be done.
Lawrence Lessig
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And with a practice of writing comes a certain important integrity. A culture filled with bloggers thinks differently about politics or public affairs, if only because more have been forced through the discipline of showing in writing why A leads to B.
Lawrence Lessig
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Why should it be that just when technology is
most encouraging of creativity, the law should be most restrictive?
Lawrence Lessig
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In arguing for increasing content owners' control over content users, it's not sufficient to say "They didn't pay for this use."
Lawrence Lessig
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We are on the cusp of this time where I can say, "I speak as a citizen of the world" without others saying, "God, what a nut."
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The meaning of this pattern is absolutely clear to those who pay to produce it. The meaning is: No one can do to the Disney Corporation what Walt Disney did to the Brothers Grimm. That though we had a culture where people could take and build upon what went before, that's over. There is no such thing as the public domain in the minds of those who have produced these 11 extensions these last 40 years because now culture is owned.
Lawrence Lessig
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Overregulation corrupts citizens and weakens the rule of law.
Lawrence Lessig
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So uncritically do we accept the idea of property in ideas that we don't even notice how monstrous it is to deny ideas to a people who are dying without them.
Lawrence Lessig
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Copyrights have not expired, and will not expire, so long as Congress is free to be bought to extend them again.
Lawrence Lessig
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The danger in media concentration comes not from the concentration, but instead from the feudalism that this concentration, tied to the change in copyright, produces. It is not just that there are a few powerful companies that control an ever expanding slice of the media. It is that this concentration can call upon an equally bloated range of rights — property rights of a historically extreme form — that makes their bigness bad.
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It's insane. It's extreme. It's controlled by political interests. It has no justification in the traditional values that justify legal regulation. And we've done nothing about it. We're bigger than they are. We've got rights on our side. And we've done nothing about it. We let them control this debate. Here's the refrain that leads to this: They win because we've done nothing to stop it.
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We Americans have a long history of fighting "big," wisely or not. That we could be motivated to fight "big" again is not something new.
It would be something new, and something very important, if an equal number could be rallied to fight the increasing extremism built within the idea of "intellectual property." Not because balance is alien to our tradition; indeed, as I've argued, balance is our tradition. But because the muscle to think critically about the scope of anything called "property" is not well exercised within this tradition anymore.
If we were Achilles, this would be our heel. This would be the place of our tragedy.
Lawrence Lessig
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If you don't do something now, this freedom that you built, that you spend your life coding, this freedom will be taken away. Either by those who see you as a threat, who then invoke the system of law we call patents, or by those who take advantage of the extraordinary expansion of control that the law of copyright now gives them over innovation. Either of these two changes through law will produce a world where your freedom has been taken away. And, If you can't fight for your freedom... you don't deserve it.
Lawrence Lessig
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Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal device. For that tiny fraction, the copyright creates incentives to produce and distribute the creative work. For that tiny fraction, the copyright acts as an "engine of free expression."
But even for that tiny fraction, the actual time during which the creative work has a commercial life is extremely short. As I've indicated, most books go out of print within one year. The same is true of music and film. Commercial culture is sharklike. It must keep moving. And when a creative work falls out of favor with the commercial distributors, the commercial life ends.
Lawrence Lessig
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We live in a world with "free" content, and this freedom is not an imperfection. We listen to the radio without paying for the songs we hear; we hear friends humming tunes that they have not licensed. We tell jokes that reference movie plots without the permission of the directors. We read our children books, borrowed from a library, without paying the original copyright holder for the performance rights.
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Some may not like the Constitution's requirements, but that doesn't make the Constitution a pirate's charter.
Lawrence Lessig
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There's going to be an i-9/11 event. Which doesn't necessarily mean an Al Qaeda attack, it means an event where the instability or the insecurity of the internet becomes manifest during a malicious event which then inspires the government into a response. You've got to remember that after 9/11 the government drew up the Patriot Act within 20 days and it was passed. … So I was having dinner with Richard Clarke and I asked him if there is an equivalent, is there an i-Patriot Act just sitting waiting for some substantial event as an excuse to radically change the way the internet works. He said of course there is.
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It is valuable copyrights that are responsible for terms being extended. Mickey Mouse and "Rhapsody in Blue." These works are too valuable for copyright owners to ignore. But the real harm to our society from copyright extensions is not that Mickey Mouse remains Disney's. Forget Mickey Mouse. Forget Robert Frost. Forget all the works from the 1920s and 1930s that have continuing commercial value. The real harm of term extension comes not from these famous works. The real harm is to the works that are not famous, not commercially exploited, and no longer available as a result.
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Forget the 18th century, the 19th century, even at the birth of the 20th century. Here's my favorite example, here: 1928, my hero, Walt Disney, created this extraordinary work, the birth of Mickey Mouse in the form of Steamboat Willie. But what you probably don't recognize about Steamboat Willie and his emergence into Mickey Mouse is that in 1928, Walt Disney, to use the language of the Disney Corporation today, "stole" Willie from Buster Keaton's "Steamboat Bill."
It was a parody, a take-off; it was built upon Steamboat Bill. Steamboat Bill was produced in 1928 — no 14 years — just take it, rip, mix, and burn, as he did to produce the Disney empire.
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Now, here's the thing you've got to remember. You've got to see this. This is the point. (And Jack Valenti misses this.) Here's the point: Never has it been more controlled ever. Take the addition, the changes, the copyrights turn, take the changes to copyrights scope, put it against the background of an extraordinarily concentrated structure of media, and you produce the fact that never in our history have fewer people controlled more of the evolution of our culture. Never.
Lawrence Lessig
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Quote of the day
Wars and elections are both too big and too small to matter in the long run. The daily work—that goes on, it adds up.
Barbara Kingsolver
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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