LAWRENCE LESSIG ~ FREE CULTURE ~ 2004

~ ABBAAC ~ A Balance Between Anarchy And Control

~ FTFTIOT-TOWIWICASCFWTROTROTL-WHETDIICAVAOCACTINRB-TCITWALALA-FC-MAMA-PC ~ For The First Time In Our Tradition – The Ordinary Ways In Which Individuals Create And Share Culture Fall Within The Reach Of The Regulation Of The Law – Which Has Expanded To Draw Within Its Control A Vast Amount Of Culture And Creativity That It Never Reached Before – The Consequence Is That We Are Less And Less A – Free Culture – More And More A – Permission Culture

~ TINA-PTPA-IIIA-PTPCFOB ~ This Is Not A – Protectionism To Protect Artists – It Is Instead A – Protectionism To Protect Certain Forms Of Business

~ MOUTFGTEPCTTOO-‘IP’-NA ~ Most Of Us Take For Granted The Extraordinarily Powerful Claims That The Owners Of – “Intellectual Property” – Now Assert

~ R-M-A-B-TIAKOC-IACTWS-RAC-TASWWSTTINCETK ~ Rip – Mix – And – Burn – This Is A Kind Of Creativity – It’s A Creativity That We Should – Remember And Celebrate – There Are Some Who Would Say That There Is No Creativity Except This Kind

~ ATEOACT-AWPIT-PD-NPITNTDUOUTW-NP-A-H-NL-T-PD-IA-‘L-FZ’ ~ At The End Of A Copyright Term – A Work Passes Into The – Public Domain – No Permission Is Then Needed To Draw Upon Or Use That Work – No Permission – And – Hence – No Lawyers – The – Public Domain – Is A – “Lawyer-free Zone”

~ A-L-D-S-CSWP;A-L-D-A-M-S-CFWIP-B-TIPOVOTT-‘P’-DC ~ A – Large – Diverse – Society – Cannot Survive Without Property; A – Large – Diverse – And – Modern – Society – Cannot Flourish Without Intellectual Property – But – There Is Plenty Of Value Out There That – “Property” – Doesn’t Capture

~ CHAEAAAAATBUTCTWBATSTN-TBIAAEALPDWPAWCTOC-ESHLACBOICFFTT-FSMFTU-P-B-ASTSD ~ Creators Here And Everywhere Are Always And At All Times Building Upon The Creativity That Went Before And That Surrounds Them Now – That Building Is Always And Everywhere At Least Partially Done Without Permission And Without Compensating The Original Creator – Every Society Has Left A Certain Bit Of Its Culture Free For The Taking – Free Societies More Fully Than Unfree – Perhaps – But – All Societies To Some Degree

~ ‘HFITC?’-‘HM-A-HB-ITCFFOTTABU?’ ~ “How Free Is This Culture?” – “How Much – And – How Broadly – Is The Culture Free For Others To Take And Build Upon?”

~ B-TAATMIFOUPDTWH ~ Blogs – They Are Arguably The Most Important Form Of Unchoreographed Public Discourse That We Have

~ WITMIALLT?-WITVIS? ~ Where Is The Morality In A Lawsuit Like This? – What Is The Virtue In Scapegoatism?

~ THOTCHIAHO-P-F-R-R-CTV-BOAKOPSD-TCSIHLGPJTGCC-UN-I-‘P’-MUVFSECPWPFTC ~ The History Of The Content Industry Is A History Of – Piracy – Film – Records – Radio – Cable TV – Born Of A Kind Of Piracy So Defined – The Consistent Story Is How Last Generation’s Pirates Join This Generation’s Country Club – Until Now – If – “Piracy” – Means Using Value From Someone Else’s Creative Property Without Permission From That Creator

~ TPOPOTIADFTPOPOTT ~ The Physics Of Piracy Of The Intangible Are Different From The Physics Of Piracy Of The Tangible

~ MKO-‘P’-AUAP-TPENCONWODB ~ Many Kinds Of – “Piracy” – Are Useful And Productive – To Produce Either New Content Or New Ways Of Doing Business

~ TQIOOB-ZHHNBOH-IHNPTCITWKT ~ The Question Is One Of Balance – Zero Tolerance Has Not Been Our History – It Has Not Produced The Content Industry That We Know Today

~ HMCINMJBTCOCTRASH? ~ How Much Creativity Is Never Made Just Because The Costs Of Clearing The Rights Are So High?

~ TVO-‘FU’-YEPALTDYFUROPALTTDPSYDHTRUFUR-EW-TCPIAPOPY-AAP-OPAC-RFTF ~ The Vagueness Of – “Fair Use” – You Either Pay A Lawyer To Defend Your Fair Use Rights Or Pay A Lawyer To Track Down Permissions So You Don’t Have To Rely Upon Fair Use Rights – Either Way – The Creative Process Is A Process Of Paying Lawyers – Again A Privilege – Or Perhaps A Curse – Reserved For The Few

~ AWIWCWNIMFNOTMBATGIAWIWCWNIWNS-IIAWOSAICS ~ A World In Which Competitors With New Ideas Must Fight Not Only The Market But Also The Government Is A World In Which Competitors With New Ideas Will Not Succeed – It Is A World Of Stasis And Increasingly Concentrated Stagnation

~ WWBTSAWO-UA-NBTMINP-OBTSIC-B-BTVAOCTAILF ~ We Will Begin To See A World Of – Underground Art – Not Because The Message Is Necessarily Political – Or Because The Subject Is Controversial – But – Because The Very Act Of Creating The Art Is Legally Fraught

~ TIA-HR-M-M-I-CI

~ There Is A – Highly Regulated – Monopolized – Market – In – Cultural Icons

~ ORSC-ISI-IGDAVOTF ~ OverRegulation Stifles Creativity – It Smothers Innovation – It Gives Dinosaurs A Veto Over The Future

~ ORCCAWTROL-A-WOP-AWE-WOP-IITATBOAVLNOC-TROLDUPOTL-TMO-A-MR-WACEVTL-TLWRTL ~ OverRegulation Corrupts Citizens And Weakens The Rule Of Law – A – War Of Prohibition – As With Every – War Of Prohibition – It Is Targeted Against The Behavior Of A Very Large Number Of Citizens – The Rule Of Law Depends Upon People Obeying The Law – The More Often – And – More Repeatedly – We As Citizens Experience Violating The Law – The Less We Respect The Law

~ WASRTAJ-A-WANTTCAA-TIOAIUIR ~ With A Simple Request To A Judge – And – Without Any Notice To The Customer At All – The Identity Of An Internet User Is Revealed

~ RCWIIDNEBAATSOK ~ Remove Copyright Where It Is Doing Nothing Except Blocking Access And The Spread Of Knowledge

~ TLSAHWO-FIM-TINRCLCAW ~ The Law Should Always Have Ways Of – Forgiving Innocent Mistakes – There Is No Reason Copyright Law Couldn’t As Well

~ WNIAWTSS-ITM-N-‘ARR’-N-‘NRR’-B-‘SRR-AT-AWTRCBECTFCATSF ~ 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

~ WNAWTRASOFTWCJTFGB ~ We Need A Way To Restore A Set Of Freedoms That We Could Just Take For Granted Before

~ RFPP ~ Rebuilding Freedoms Previously Presumed

~ T-TINSWTK-WOW-O-WWOMD-IOTUOBUTCWOO-TANR-TINSTT-TINSWTKHTGP-WSRF:MCW-RC-A-RTCTC-TOOFITMTC-IWBSTIWCIPF-STIWCTRFAPKOC

~ Today – There Is No Simple Way To Know – Who Owns What – Or – With Whom One Must Deal – In Order To Use Or Build Upon The Creative Work Of Others – There Are No Records – There Is No System To Trace – There Is No Simple Way To Know How To Get Permission – We Should Require Formalities: Marking Copyrighted Work – Registering Copyrights – And – Renewing The Claim To Copyright – The Objective Of Formalities Is To Make Things Clear – It Would Be Simple To Identify What Content Is Presumptively Free – Simply To Identify Who Controls The Rights For A Particular Kind Of Content

~ NMWWDT-WWNI-TNOAWWI1923 ~ No Matter What We Do Today – We Will Not Increase – The Number Of Authors Who Wrote In 1923

~ STMEFYTFASF ~ Spend Ten Minutes Every Fifty Years To File A Single Form

~ NDT-E-WCTI-‘R’ ~ No Doubt The – Extremists – Will Call These Ideas – “Radical”

~ TQISB-HTATAGP-DTTB-T-CMFDB-A-T-FCT ~ The Question Instead Should Be – How To Assure That Artists Get Paid – During This Transition Between – Twentieth-Century Models For Doing Business – And – Twenty-First Century Technologies

~ WSA-‘W’-SMWYROCIN-SNHIDG-A-UYCSMB-KYLA ~ 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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