By insisting on the Constitution's limits to copyright, obviously Eldred was not endorsing piracy. Indeed, in an obvious sense, he was fighting a kin… - Lawrence Lessig

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By insisting on the Constitution's limits to copyright, obviously Eldred was not endorsing piracy. Indeed, in an obvious sense, he was fighting a kind of piracy — piracy of the public domain. When Robert Frost wrote his work and when Walt Disney created Mickey Mouse, the maximum copyright term was just fifty-six years. Because of interim changes, Frost and Disney had already enjoyed a seventy-five-year monopoly for their work. They had gotten the benefit of the bargain that the Constitution envisions: In exchange for a monopoly protected for fifty-six years, they created new work. But now these entities were using their power — expressed through the power of lobbyists' money — to get another twenty-year dollop of monopoly. That twenty-year dollop would be taken from the public domain. Eric Eldred was fighting a piracy that affects us all.

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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

The legal system doesn't work. Or more accurately, it doesn't work for anyone except those with the most resources. Not because the system is corrupt. I don't think our legal system (at the federal level, at least) is at all corrupt. I mean simply because the costs of our legal system are so astonishingly high that justice can practically never be done.

"Atualmente nós estamos no meio de outra "guerra" contra a "pirataria". A Internet provocou essa guerra. O compartilhamento de arquivos através de sistemas peer-to-peer (P2P)7 está entre as formas mais eficientes de tecnologia permitidas pela Internet. Usando inteligência distribuída, sistemas de P2P facilitam a distribuição de conteúdo de uma maneira que à uma geração atrás era simplesmente inimaginável.
Essa eficiência não respeita as linhas tradicionais do copyright . A rede não faz discriminação entre o compartilhamento de conteúdo com ou sem direitos autorais. Desse modo existe uma grande quantidade de compartilhamento de conteúdo com direitos autorais. Esse compartilhamento, por sua vez, excitou a guerra, com os donos de direitos autorais temendo que o compartilhamento viesse "tomar do autor o seu sustento"."

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Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal device. For that tiny fraction, the copyright creates incentives to produce and distribute the creative work. For that tiny fraction, the copyright acts as an "engine of free expression." But even for that tiny fraction, the actual time during which the creative work has a commercial life is extremely short. As I've indicated, most books go out of print within one year. The same is true of music and film. Commercial culture is sharklike. It must keep moving. And when a creative work falls out of favor with the commercial distributors, the commercial life ends.

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