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" "But fair use in America simply means the right to hire a lawyer to defend your right to create... It costs too much, it delivers too slowly, and what it delivers often has little connection to the justice underlying the claim. The legal system may be tolerable for the very rich. For everyone else, it is an embarrassment to a tradition that prides itself on the rule of law. (p. 187)
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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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.
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It might be crazy to expect a high government official to speak the truth. It might be crazy to believe that government policy will be something more than the handmaiden of the most powerful interests. It might be crazy to argue that we should preserve a tradition that has been part of our tradition for most of our history — free culture. If this is crazy, then let there be more crazies. Soon.