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" "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”.
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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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.
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Common sense is with the copyright warriors because the debate so far has been framed at the extremes — as a grand either/or: either property or anarchy, either total control or artists won't be paid. If that really is the choice, then the warriors should win. The mistake here is the error of the excluded middle. There are extremes in this debate, but the extremes are not all that there is. There are those who believe in maximal copyright — "All Rights Reserved" — and those who reject copyright — "No Rights Reserved." The "All Rights Reserved" sorts believe that you should ask permission before you "use" a copyrighted work in any way. The "No Rights Reserved" sorts believe you should be able to do with content as you wish, regardless of whether you have permission or not. ... What's needed is a way to say something in the middle — neither "all rights reserved" nor "no rights reserved" but "some rights reserved" — and thus a way to respect copyrights but enable creators to free content as they see fit. In other words, we need a way to restore a set of freedoms that we could just take for granted before.