Copyright law has got to give up its obsession with 'the copy.' The law should not regulate 'copies' or 'modern reproductions' on their own. It should instead regulate uses — like public distributions of copies of copyrighted work — that connect directly to the economic incentive copyright law was intended to foster.
American academic, political activist
Lawrence Lessig (born 3 June 1961) is an American academic and political activist. He is most famous as a proponent of reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications. He is a director of the Edmond J. Safra Foundation Center for Ethics at Harvard University and a professor of law at Harvard Law School. Prior to rejoining Harvard, he was a professor of law at Stanford Law School and founder of its Center for Internet and Society. Lessig is a founding board member of Creative Commons, a board member of the Software Freedom Law Center, an advisory board member of the Sunlight Foundation and a former board member of the Electronic Frontier Foundation.
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Also Known As:
Larry Lessig
Alternative Names:
Lester Lawrence Lessig III
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"That tradition is the way our culture gets made. As I explain in the pages that follow, we come from a tradition of "free culture" — not "free" as in "free beer" (to borrow a phrase from the founder of the freesoftware movement[2] ), but "free" as in "free speech," "free markets," "free trade," "free enterprise," "free will," and "free elections." A free culture supports and protects creators and innovators. It does this directly by granting intellectual property rights. But it does so indirectly by limiting the reach of those rights, to guarantee that follow-on creators and innovators remain as free as possible from the control of the past. A free culture is not a culture without property, just as a free market is not a market in which everything is free. The opposite of a free culture is a "permission culture" — a culture in which creators get to create only with the permission of the powerful, or of creators from the past."
If “piracy means using the creative property of others without their permission- if “if value, then right” is true- then the history of the content industry is a history of piracy. Every important sector of “big media” today- film, records, radio, and cable TV-was born of a kind of piracy so defined. The consistent story is how last generation’s pirates join this generation’s country club-until now.
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.
Code will be a central tool in this analysis. It will present the greatest threat to both liberal and libertarian ideals, as well as their greatest promise. We can build, or architect, or code cyberspace to protect values that we believe are fundamental. Or we can build, or architect, or code cyberspace to allow those values to disappear. There is no middle ground. There is no choice that does not include some kind of building. Code is never found; it is only ever made, and only ever made by us.
Economics itself offers a parallel that explains why this integration affects creativity. Clay Christensen has written about the “Innovator’s Dilemma”: the fact that large traditional firms find it rational to ignore new, breakthrough technologies that compete with their core business. The same analysis could help explain why large, traditional media companies will undermine our tradition of free culture. The property right that is copyright is no longer the balanced right that it was, or was intended to be. The property right that is copyright has become unbalanced, tilted toward an extreme. The opportunity to create and transform becomes weakened in a world in which creation requires permission and creativity must check with a lawyer.