But, like all metaphoric wars, the copyright wars are not actual conflicts of survival. Or at least, they are not conflicts for survival of a people or a society, even if they are wars of survival for certain businesses or, more accurately, business models. Thus we must keep in mind the other values or objectives that might also be affected by this war. We must make sure this war doesn't cost more than it is worth. We must be sure it is winnable, or winnable at a price we're willing to pay.

In the 1970s, 3 percent of retiring members became lobbyists. Thirty years later, that number has increased by an order of magnitude. Between 1998 and 2004, more than 50 percent of senators and 42 percent of House members made that career transition.

It is said that those who fail to remember history are doomed to repeat it. That’s not quite correct. We all forget history. The key is whether we have a way to go back to rediscover what we forget. More directly, the key is whether an objective past can keep us honest.

On December 17, 1903, on a windy North Carolina beach for just shy of one hundred seconds, the Wright brothers demonstrated that a heavier-than-air, self-propelled vehicle could fly. The moment was electric and its importance widely understood. Almost immediately, there was an explosion of interest in this newfound technology of manned flight, and a gaggle of innovators began to build upon it.

Share Your Favorite Quotes

Know a quote that's missing? Help grow our collection.

[The Internet] affects democracy... As more and more citizens express what they think, and defend it in writing, that will change the way people understand public issues. It is easy to be wrong and misguided in your head. It is harder when the product of your mind can be criticized by others. Of course, it is a rare human who admits that he has been persuaded that he is wrong. But it is even rarer for a human to ignore when he has been proven wrong. The writing of ideas, arguments, and criticism improves democracy.

The obvious point of Conrad’s cartoon is the weirdness of a world where guns are legal, despite the harm they can do, while VCRs (and circumvention technologies) are illegal. Flash: No one ever died from copyright circumvention. Yet the law bans circumvention technologies absolutely, despite the potential that they might do some good, but permits guns, despite the obvious and tragic harm they do.

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.

So, ignorant we are. But we're not stupid. Indeed...remaining ignorant about politics and our government is a perfectly rational response to the government we have. The question isn't what we know. The question is what we're capable of knowing, and doing, if we have the right incentives, and the right opportunity.

PREMIUM FEATURE
Advanced Search Filters

Filter search results by source, date, and more with our premium search tools.

"But as well as copy-shop piracy, there is another kind of "taking" that is more directly related to the Internet. That taking, too, seems wrong to many, and it is wrong much of the time. Before we paint this taking "piracy," however, we should understand its nature a bit more. For the harm of this taking is significantly more ambiguous than outright copying, and the law should account for that ambiguity, as it has so often done in the past."

Liberty in cyberspace will not come from the absence of the state. Liberty there, as anywhere, will come from a state of a certain kind. We build a world where freedom can flourish not by removing from society any self-conscious control, but by setting it in a place where a particular kind of self-conscious control survives. We build liberty as our founders did, by setting society upon a certain constitution.

But it is to say that a basic idea of a representative democracy — one that argues over fundamental choices of policy, through the battle between differently committed representatives — is not the reality of our democracy anymore. We’ve settled into what Francis Fukuyama calls a “vetocracy,” where change of almost any kind, whether from the Right or the Left, is practically always stopped.

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.

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.