Lawrence Lessig Quotes

Cable TV was also born of a kind of piracy.

If “piracy” means using value from someone else’s creative property without permission from that creator–as it is increasingly described today – then every industry affected by copyright today is the product and beneficiary of a certain kind of piracy. Film, records, radio, cable TV… Extremists in this debate love to say “You wouldn’t go into Barnes & Noble and take a book off of the shelf without paying; why should it be any different with online music?” The difference is, of course, that when you take a book from Barnes & Noble, it has one less book to sell. By contrast, when you take an MP3 from a computer network, there is not one less CD that can be sold. The physics of piracy of the intangible are different from the physics of piracy of the tangible.

"Writing" is the Latin of our times. The modern language of the people is video and sound.

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.

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.

Here's a simple copyright lesson: Law regulates copies. What's that mean? Well, before the Internet, think of this as a world of all possible uses of a copyrighted work. Most of them are unregulated. Talking about fair use, this is not fair use; this is unregulated use. To read is not a fair use; it's an unregulated use. To give it to someone is not a fair use; it's unregulated. To sell it, to sleep on top of it, to do any of these things with this text is unregulated. Now, in the center of this unregulated use, there is a small bit of stuff regulated by the copyright law; for example, publishing the book — that's regulated. And then within this small range of things regulated by copyright law, there's this tiny band before the Internet of stuff we call fair use: Uses that otherwise would be regulated but that the law says you can engage in without the permission of anybody else. For example, quoting a text in another text — that's a copy, but it's a still fair use. That means the world was divided into three camps, not two: Unregulated uses, regulated uses that were fair use, and the quintessential copyright world. Three categories. Enter the Internet. Every act is a copy, which means all of these unregulated uses disappear. Presumptively, everything you do on your machine on the network is a regulated use. And now it forces us into this tiny little category of arguing about, "What about the fair uses? What about the fair uses?" I will say the word: To hell with the fair uses. What about the unregulated uses we had of culture before this massive expansion of control?

É dessa forma que algumas vezes a lei funciona. Nem sempre de forma tão trágica, e raramente com esse drama heróico, mas algumas vezes é assim que a lei funciona. Para começar, o governo e suas agências são vítimas de cooptação. Elas normalmente são cooptadas quando um interesse poderoso é ameaçado tanto por uma mudança legal quanto técnica. Esse interesse poderoso freqüentemente exerce sua influência em um governo para que este o proteja. A retórica para essa proteção é sempre baseada, claro, no bem público, mas a verdade é muito diferente.

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.

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.

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”.

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.

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.

Now the Disney Corporation could do this because that culture lived in a commons, an intellectual commons, a cultural commons, where people could freely take and build. It was a lawyer-free zone. It was culture, which you didn't need the permission of someone else to take and build upon. That was the character of creativity at the birth of the last century. It was built upon a constitutional requirement that protection be for limited times, and it was originally limited. Fourteen years, if the author lived, then 28, then in 1831 it went to 42, then in 1909 it went to 56, and then magically, starting in 1962, look — no hands, the term expands. Eleven times in the last 40 years it has been extended for existing works — not just for new works that are going to be created, but existing works. The most recent is the Sonny Bono copyright term extension act.

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. In addition to these important harms, there is one more that was important to our forebears, but seems forgotten today. Overregulation corrupts citizens and weakens the rule of law. The war that is being waged today is a war of prohibition. As with every war of prohibition, it is targeted against the behavior of a very large number of citizens. According to The New York Times, 43 million Americans downloaded music in May 2002. According to the RIAA, the behavior of those 43 million Americans is a felony. We thus have a set of rules that transform 20 percent of America into criminals.

But sometimes they're just oblivious, and their obliviousness brings out the worst in me. I remember once talking to one about the principle of 'one person, one vote' — the Supreme Court's doctrine that forces states to ensure the weight one person's vote is equal to the weight of everyone else's. He had done work early in his career to push that principle along, and considered it, as he told me, 'among the most important values now written into our Constitution.' 'Isn't it weird then', I asked hime, 'that the law would obsess about making sure that on Election Day, my vote is just as powerful as yours, but stand blind to the fact that in the days before Election Day, because of your wealth, your ability to affect that election is a million times greater than mine?' My friend — or at least friend until that moment — didn't say a word.