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Some people view the public domain with contempt. In their brief before the Supreme Court, the Nashville Songwriters Association wrote that the publi… - Lawrence Lessig
" "Some people view the public domain with contempt. In their brief before the Supreme Court, the Nashville Songwriters Association wrote that the public domain is nothing more than "legal piracy." But it is not piracy when the law allows it; and in our constitutional system, our law requires it. Some may not like the Constitution's requirements, but that doesn't make the Constitution a pirate's charter. As we've seen, our constitutional system requires limits on copyright as a way to assure that copyright holders do not too heavily influence the development and distribution of our culture. Yet, as Eric Eldred discovered, we have set up a system that assures that copyright terms will be repeatedly extended, and extended, and extended. We have created the perfect storm for the public domain. Copyrights have not expired, and will not expire, so long as Congress is free to be bought to extend them again.
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About Lawrence Lessig
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
Also Known As:
Larry Lessig
Alternative Names:
Lester Lawrence Lessig III
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Additional quotes by Lawrence Lessig
I would dramatically reduce the safeguards for software — from the ordinary term of 95 years to an initial term of 5 years, renewable once. And I would extend that government-backed protection only if the author submitted a duplicate of the source code to be held in escrow while the work was protected. Once the copyright expired, that escrowed version would be publicly available from the copyright office. Most programmers should like this change. No code lives for 10 years, and getting access to the source code of even orphaned software projects would benefit all. More important, it would unlock the knowledge built into this protected code for others to build upon as they see fit. Software would thus be like every other creative work — open for others to see and to learn from.
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A free culture has been our past, but it will only be our future if we change the path we are on right now. Like Stallman's arguments for free software, an argument for free culture stumbles on a confusion that is hard to avoid, and even harder to understand. 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. A free culture, like a free market, is filled with property. It is filled with rules of property and contract that get enforced by the state. But just as a free market is perverted if its property becomes feudal, so too can a free culture be queered by extremism in the property rights that define it. That is what I fear about our culture today. It is against that extremism that this book is written.
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