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There was always something about Creative Commons and its name that bugged me, too. The name sounds like a variation of the once-powerful Common Cause political-action committee. A ring of days gone by — nostalgia. All I see here is making the very easy and simple U.S. copyright laws more complex for no apparent reason, except maybe as a protest.

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"Commons" is an Old English word. According to my Japanese friends, it is quite close to the meaning that iriai still has in Japanese. "Commons," like iriai, is a word which, in preindustrial times, was used to designate certain aspects of the environment. People called commons those parts of the environment for which customary law exacted specific forms of community respect. People called commons that part of the environment which lay beyond their own thresholds and outside of their own possessions, to which, however, they had recognized claims of usage, not to produce commodities but to provide for the subsistence of their households. The customary law which humanized the environment by establishing the commons was usually unwritten. It was unwritten law not only because people did not care to write it down, but because what it protected was a reality much too complex to fit into paragraphs. The law of the commons regulates the right of way, the right to fish and to hunt, to graze, and to collect wood or medicinal plants in the forest. An oak tree might be in the commons. Its shade, in summer, is reserved for the shepherd and his flock; its acorns are reserved for the pigs of the neighbouring peasants; its dry branches serve as fuel for the widows of the village; some of its fresh twigs in springtime are cut as ornaments for the church — and at sunset it might be the place for the village assembly. When people spoke about commons, iriai, they designated an aspect of the environment that was limited, that was necessary for the community's survival, that was necessary for different groups in different ways, but which, in a strictly economic sense, was not perceived as scarce.

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.

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I released this book a little over a year ago under the terms of a Creative Commons license that allowed my readers to freely redistribute the text without needing any further permission from me. In this fashion, I enlisted my readers in the service of a grand experiment, to see how my book could find its way into cultural relevance and commercial success. The experiment worked out very satisfactorily. When I originally licensed the book under the terms set out in the next section, I did so in the most conservative fashion possible, using CC's most restrictive license. I wanted to dip my toe in before taking a plunge. I wanted to see if the sky would fall: you see writers are routinely schooled by their peers that maximal copyright is the only thing that stands between us and penury, and so ingrained was this lesson in me that even though I had the intellectual intuition that a "some rights reserved" regime would serve me well, I still couldn't shake the atavistic fear that I was about to do something very foolish indeed. It wasn't foolish.

What the fuck is DC anyway? They'd be better off calling it AOL Comics. At least people know what AOL is. I mean, they have Batman and Superman, and they don't know what to do with them. That's like being a porn star with the biggest dick and you can't get it up. What the fuck?

The problems with software are just examples of the problems found generally with creativity. Our trend in copyright law has been to enclose as much as we can; the consequence of this enclosure is a stifling of creativity and innovation. If the Internet teaches us anything, it is that great value comes from leaving core resources in a commons, where they're free for people to build upon as they see fit.

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Now that copyrights can be just about a century long, the inability to know what is protected and what is not protected becomes a huge and obvious burden on the creative process. If the only way a library can offer an Internet exhibit about the New Deal is to hire a lawyer to clear the rights to every image and sound, then the copyright system is burdening creativity in a way that has never been seen before because there are no formalities.

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I was looking for a name like the Crickets that meant two things, and from crickets I got to beetles. And I changed [to] B E A because … B E E T L E S didn't mean two things, so I changed … the E to an A. And it meant two things then. … When you said it, people thought of crawly things; and when you read it, it was beat music.

It is a natural impulse of human beings to evade the narrowness of personal and family routine to venture into the wider universe of history, where you feel that your life is transcendent and get a higher "sense". The most banal and clumsy way to do it, accessible even to the poor, incapable and rogue is the militancy in a party or a "cause", that is, in some group embellished with pompous words like "freedom", "equality", "justice", "patriotism", "morality" or "human rights". These words can represent any substantive value, but not when the individual acquires from them all the value they may have, rather than filling them with his own personal substance. The most criminal illusion of modernity was to persuade men that they can be noble by identifying with a "cause", when in fact all causes, while names of abstract values, only acquire concrete value by the nobility of men who represent them. The bottom of degradation is achieved when some "causes" are so valued that they seem to infuse virtues automatically in any bum, fake or bandit who agrees to represent them.

That pompous phrase (graphic novel) was thought up by some idiot in the marketing department of DC. I prefer to call them Big Expensive Comics.

In order to build a common identity, we must find a name with which all of us are comfortable. While I personally have no problem with the term ‘Fijian’, I recognize many others in my community are not. But let us not leave it there, let us find other options.

Let us be direct: the dark side, and indeed a principal aim, of copyright is to suppress unauthorized expression for a period of time amounting, on average, to almost a century. This may or may not be an encouragement to originality or creativity or some other form of favored productivity in some; it is unquestionably repressive as to others.

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