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A Free Culture Supports And Protects Creators And Innovators. It Does This Directly By Granting Intellectual Property Rights. But It Does So Indirectly By Limiting The Reach Of Those Rights, To Guarantee That Follow-on Creators And Innovators Remain As Free As Possible From The Control Of The Past. A Free Culture Is Not A Culture Without Property, Just As A Free Market Is Not A Market In Which Everything Is Free. The Opposite Of A Free Culture Is A "permission Culture" -- A Culture In Which Creators Get To Create Only With The Permission Of The Powerful, Or Of Creators From The Past.

-Lawrence Lessig

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A Free Culture Supports

Lawrence Lessig

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A Free Culture Supports And Protects Creators And Innovators. It Does This Directly By Granting Intellectual Property Rights. But It Does So Indirectly By Limiting The Reach Of Those Rights, To Guarantee That Follow-on Creators And Innovators Remain As Free As Possible From The Control Of The Past. A Free Culture Is Not A Culture Without Property, Just As A Free Market Is Not A Market In Which Everything Is Free. The Opposite Of A Free Culture Is A "permission Culture" -- A Culture In Which Creators Get To Create Only With The Permission Of The Powerful, Or Of Creators From The Past.

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If There Were Two Candidates, A Democrat And A Republican, Who Each Committed To The Same Kind Of Fundamental Reform, Then The Election Would Be An Election Between The Vice Presidential Candidates. It'd Be Just Like The Regular Election, Except It Would Be One Step Down.

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Remember The Refrain: We Always Build On The Past; The Past Always Tries To Stop Us. Freedom Is About Stopping The Past, But We Have Lost That Ideal.

One Great Feature Of Modern Society Is The Institutionalized Respect We Give To Processes Designed To Destroy The Past.

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The Electoral College Is A Project That Calls On Their Judgment. If We Don't Like It, We Can Talk About How To Eliminate It. I'm Not Quite Convinced We Should Eliminate It Completely. I Think It's Important To Have A Final Check Be Somebody Other Than The Supreme Court. But Given That It's There, We Should Take It Seriously. And Taking It Seriously Says They Should Exercise Their Judgment According To The Moral Values, The Principles That Are Part Of Our Constitutional Tradition Today. And Those Principles Say Equality.

Companies Will Often Use The Legal System To Scare People Away From Attacking Them. But We All Should Be Free To Make Critical Statements About Anybody, Unless Those Statements Are Malicious.

For However Much The State May Gain By Not Having To Fund Roads On Its Own, Society Would Lose In Aggregate If The Open Commons Of Transportation Were Lost.

A Free Culture Has Been Our Past, But It Will Only Be Our Future If We Change The Path We Are On Right Now.

I Think If The Copyright Regime Focuses On The People We Are Supposed To Be Helping, The Artists And Creators, And Builds A System That Gives Them The Freedom To Choose And To Protect And To Be Rewarded For Their Creativity, Then We Will Have The Right Focus.

It's Fine To Talk About Politics With People You Agree With. But It Is Rude To Argue About Politics With People You Disagree With. Political Discourse Becomes Isolated, And Isolated Discourse Becomes More Extreme.

The Value Of "one Person, One Vote," The Value Of Equality, Is A Value That Was Given To Us More Than 50 Years Ago As A Central Part Of Our Constitutional Tradition. So, Under That Principle, We Ought To Be Applying The Same Standard Today That I Would Have Said We Should Have Applied A Year Ago.

Monopolies Are Not Justified By Theory; They Should Be Permitted Only When Justified By Facts. If There Is No Solid Basis For Extending A Certain Monopoly Protection, Then We Should Not Extend That Protection. This Does Not Mean That Every Copyright Must Prove Its Value Initially. That Would Be A Far Too Cumbersome System Of Control. But It Does Mean That Every System Or Category Of Copyright Or Patent Should Prove Its Worth. Before The Monopoly Should Be Permitted, There Must Be Reason To Believe It Will Do Some Good -- For Society, And Not Just For Monopoly Holders.

So Uncritically Do We Accept The Idea Of Property In Ideas That We Don't Even Notice How Monstrous It Is To Deny Ideas To A People Who Are Dying Without Them.

We Are On The Cusp Of This Time Where I Can Say, "i Speak As A Citizen Of The World" Without Others Saying, "god, What A Nut."

While Appropriation Art Is Critical To Art, It's An Ambiguous Art Form In The World Of The Supreme Court.

Every Generation Welcomes The Pirates From The Last.

We Always Build On The Past; The Past Always Tries To Stop Us.

This Does Not Mean That Every Copyright Must Prove Its Value Initially. That Would Be A Far Too Cumbersome System Of Control. But It Does Mean That Every System Or Category Of Copyright Or Patent Should Prove Its Worth.

There Is Still The Illusion That If We Could Declare Corporations Are Not People Or That Money Is Not Speech, All Would Be Solved. Regardless Of The Good In Those Ideas, It Wouldn't.

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.

Notwithstanding The Fact That The Most Innovative And Progressive Space We've Seen - The Internet - Has Been The Place Where Intellectual Property Has Been Least Respected. You Know, Facts Don't Get In The Way Of This Ideology.

The Popular Choice, By More Than 2 Million Votes, Is A Completely Qualified Candidate For President.

We Live In A World With "free" Content, And This Freedom Is Not An Imperfection. We Listen To The Radio Without Paying For The Songs We Hear; We Hear Friends Humming Tunes That They Have Not Licensed. We Tell Jokes That Reference Movie Plots Without The Permission Of The Directors. We Read Our Children Books, Borrowed From A Library, Without Paying The Original Copyright Holder For The Performance Rights.

I Advocate For Protecting The Liberty Of The Net, And Securing Privacy. I Argue Against People Who Believe Both Are Somehow Given Automatically. They're Not.

Creativity Is Enhanced By Less-than-perfect Control Over What Content Is On The Network.

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Here's What We [americans] Need: A 30 Second You Tube Video Of Some Guy At A Party Constantly Checking Out Everyone Else At The Party, While He Pretends To Be Speaking To The Other Person. We're The Other Person. The Guy Are The Politicians. And The Distraction Is The Corruption: We Need A Congress That Can Afford To Talk To Us. For At Least One Drink Or So.

The War Against Illegal File-sharing Is Like The Church's Age-old War Against Masturbation. It's A War You Just Can't Win.

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Money Corrupts The Process Of Reasoning.

We Established A Regime That Left Creativity Unregulated. Now It Was Unregulated Because Copyright Law Only Covered "printing." Copyright Law Did Not Control Derivative Work. And Copyright Law Granted This Protection For The Limited Time Of 14 Years.

Politics Is That Rare Sport Where The Amateur Contest Is Actually More Interesting Than The Professional.

Law And Technology Produce, Together, A Kind Of Regulation Of Creativity We've Not Seen Before.

Legislation Needs A Better Reason Than That Lawyers Like It, And That America Does It.

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Permission From The Government Is An Expensive Commodity. New Ideas Rarely Have This Kind Of Support. Old Ideas Often Have Deep Legislative Connections To Defend Them Against The New.

By The Time Apple's Macintosh Operating System Finally Falls Into The Public Domain, There Will Be No Machine That Could Possibly Run It. The Term Of Copyright For Software Is Effectively Unlimited.

Some May Not Like The Constitution's Requirements, But That Doesn't Make The Constitution A Pirate's Charter.

Creation Always Involves Building Upon Something Else. There Is No Art That Doesn't Reuse. And There Will Be Less Art If Every Reuse Is Taxed By The Appropriator.

I'm Focused On Solving The Problem That Would Make It Plausible For Gov't To Get Back To Solving Real Problems.

If You Are Explaining, You're Losing. It's A Bumper Sticker Culture. People Have To Get It Like That, And If They Don't, If It Takes Three Seconds To Make Them Understand, You're Off Their Radar Screen. Three Seconds To Understand, Or You Lose. This Is Our Problem.

A World Where Congressmen Spend 30 To 70 Percent Of Their Time Raising Money From A Tiny, Tiny Fraction Of The 1% Is A World Where That Tiny, Tiny Fraction Has Enormous Power. And It's That Inequality In Political Power That Enables This Corrupted System To Happen.

And With A Practice Of Writing Comes A Certain Important Integrity. A Culture Filled With Bloggers Thinks Differently About Politics Or Public Affairs, If Only Because More Have Been Forced Through The Discipline Of Showing In Writing Why A Leads To B.

While The Creative Works From The 16th Century Can Still Be Accessed And Used By Others, The Data In Some Software Programs From The 1990s Is Already Inaccessible.

My Claim Is That We Should Focus On The Values Of Liberty... If There Is Not Government To Insist On Those Values, Then Who? ... The Single Unifying Force Should Be That We Govern Ourselves.

Overregulation Corrupts Citizens And Weakens The Rule Of Law.

The Popular Choice Is Not Elected As President.

In A Time Of Polarized Politics There's One Thing That More Than Ninety Percent Of Americans Agree On, That Our Government Is Broken, And Broken Because Of The Money In Politics.

So Uncritically Do We Accept The Idea Of Property In Culture That We Don't Even Question When The Control Of That Property Removes Our Ability, As A People, To Develop Our Culture Democratically.

[conservatives] Go To Church, They Do Lots Of Things For Free For Each Other. They Hold Potluck Dinners. ... They Serve Food To Poor People. They Share, They Give, They Give Away For Free. It's The Very Same People Leading Wall Street Firms Who, On Sundays, Show Up And Share.

Winner Take All Does Not Exist In The Constitution. It's A Restriction Imposed On The Electors By The States.

Overregulation Stifles Creativity. It Smothers Innovation. It Gives Dinosaurs A Veto Over The Future. It Wastes The Extraordinary Opportunity For A Democratic Creativity That Digital Technology Enables.

I Am A Big Supporter Of Experiments To Complement Representative Gov't With Randomly Selected Representative Bodies Of Citizens, Sure. I Think Most Americans Would Be Surprised To Learn Just How Much Better We Are At Gov't Than Our Gov't.

But, Like All Metaphoric Wars, The Copyright Wars Are Not Actual Conflicts Of Survival. Or At Least, They Are Not Conflicts For Survival Of A People Or A Society, Even If They Are Wars Of Survival For Certain Businesses Or, More Accurately, Business Models. Thus We Must Keep I Mind The Other Values Or Objectives That Might Also Be Affected By This War. We Must Make Sure This War Doesn't Cost More Than It Is Worth. We Must Be Sure It Is Winnable, Or Winnable At A Price We're Willing To Pay.

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.

Americans Have Been Selling This View Around The World: That Progress Comes From Perfect Protection Of Intellectual Property.

I'm A Lawyer. I Make Lawyers For A Living.

Why Should It Be That Just When Technology Is Most Encouraging Of Creativity, The Law Should Be Most Restrictive?

When Government Disappears, Its Not As If Paradise Will Take Its Place. When Governments Are Gone, Other Interests Will Take Their Place.

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.

A Time Is Marked Not So Much By Ideas That Are Argued About As By Ideas That Are Taken For Granted. The Character Of An Era Hangs Upon What Needs No Defense.

There Is Nothing More Dangerous Than A Government Of The Many Controlled By The Few.

"writing" Is The Latin Of Our Times. The Modern Language Of The People Is Video And Sound.

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.

A Free Culture Supports And Protects Creators And Innovators. It Does This Directly By Granting Intellectual Property Rights. But It Does So Indirectly By Limiting The Reach Of Those Rights, To Guarantee That Follow-on Creators And Innovators Remain As Free As Possible From The Control Of The Past. A Free Culture Is Not A Culture Without Property, Just As A Free Market Is Not A Market In Which Everything Is Free. The Opposite Of A Free Culture Is A "permission Culture" -- A Culture In Which Creators Get To Create Only With The Permission Of The Powerful, Or Of Creators From The Past.

Some Blame The Drug Companies. I Don't. They Are Corporations. Their Managers Are Ordered By Law To Make Money For The Corporation. They Push A Certain Patent Policy Not Because Of Ideals,but Because It Is The Policy That Makes Them The Most Money. And It Only Makes Them The Most Money Because Of A Certain Corruption Within Our Political System-a Corruption The Drug Companies Are Certainly Not Responsible For. The Corruption Is Our Own Politicians' Failure Of Integrity.

There's No Reason For The Electors To Overrule The Popular Choice.

Change The Way We Fund Campaigns. Until We Do, Wall Street Will Always Be Able To Blackmail The Dems And Gop To Giving Them What Wall Street Wants.

A Free Culture Is Not A Culture Without Property; It Is Not A Culture In Which Artists Don't Get Paid.

I Think The Archaic Idea Is Actually Winner Take All, Because The Principle Of "one Person, One Vote" Is A Principle That Was Introduced As A Fundamental Principle In American Law In 1962, Long After States Had Moved To "one Person, One Vote."

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.

We Have A Massive System To Regulate Creativity. A Massive System Of Lawyers Regulating Creativity As Copyright Law Has Expanded In Unrecognizable Forms, Going From A Regulation Of Publishing To A Regulation Of Copying.

Technology Means You Can Now Do Amazing Things Easily; But You Couldn't Easily Do Them Legally.

I'm Pushing For Citizen Equality Not Because Of Some Moral Idea, But Because This Is The Essential Way To Crack The Corruption That Now Makes It So Washington Can't Work.

Under The Principle Of Equality, We Should Get As Close To Respecting Equal Votes Of Every Citizen As We Can, Given Our Constitutional Structure. And I Think If We Did That, Then The Will Of The People Would Not Be Overturned.

I'm All For Experimenting With Sortition - Randomly Selected Representative Bodies Of Citizens. But I Don't Favor Direct Democracy. We're Busy. We Have Lives. There Is Reddit. Who Has Time To Work Out The Right Answer To The Thousand Policy Choices A Gov't Must Make All The Time?

If The Law Imposed The Death Penalty For Parking Tickets, We'd Not Only Have Fewer Parking Tickets, We'd Also Have Much Less Driving.

The More Important Point, However, Is Not About What The Money Does. It's About What Has To Be Done To Get The Money. The Effect Of The Money Might Be (democratically) Benign. But What Is Done To Secure That Money Is Not Necessarily Benign. To Miss This Point Is To Betray The Robin Hood Fallacy: The Fact That The Loot Was Distributed Justly Doesn't Excuse The Means Taken To Secure It.

There Is A Regulation Of Behavior On The Internet And In Cyberspace, But That Regulation Is Imposed Primarily Through Code. The Differences In The Regulations Effected Through Code Distinguish Different Parts Of The Internet And Cyberspace. In Some Places, Life Is Fairly Free; In Other Places, It Is More Controlled. And The Difference Between These Spaces Is Simply A Difference In The Architectures Of Control--that Is, A Difference In Code.

But It Is As Silly To Think About Peer-to-peer As Applying Just To Music As It Would Have Been To Think About The Internet As Applying Just To Pornography. Whatever The Initial Use Of The Technology, It Has Nothing To Do With The Potential Of The Architecture To Serve Many Other Extremely Important Functions.

I Think The Reality Is That Copyright Law Has For A Very Long Time Been A Tiny Little Part Of American Jurisprudence, Far Removed From Traditional First Amendment Jurisprudence, And That Made Sense Before The Internet. Now There Is An Unavoidable Link Between First Amendment Interests And The Scope Of Copyright Law. The Legal System Is Recognizing For The First Time The Extraordinary Expanse Of Copyright Regulation And Its Regulation Of Ordinary Free-speech Activities.

There Are Very Few People In Our Society Who Are Actually Free To Say What They Believe. I Am In An Extremely Fortunate Position In Having This Enormous Gift Of Freedom And Believe I Should Try To Use It To Do Something Useful For Society. As Long As I Feel As If I Have Something To Say, I’ll Continue To Try To Do That.

I Don't Support Direct Democracy Because I Want A Life, And That Means I Want To Select People Who Work For Me Who Do That Sort Of Work For Me.

Copyrights Have Not Expired, And Will Not Expire, So Long As Congress Is Free To Be Bought To Extend Them Again.

Code Plus Law Is Combining To Reduce Rights Consumers Used To Have.

You And I Both Know That As Long As Our Representatives Are Held Hostage To Their Funders - And Their Funders Are Not All Of Us - Our System Will Not Work

Representatives

Creativity Builds Upon The Public Domain. The Battle That We're Fighting Now Is About Whether The Public Domain Will Continue To Be Fed By Creative Works After Their Copyright Expires. That Has Been Our Tradition But That Tradition Has Been Perverted In The Last Generation. We're Trying To Use The Constitution To Reestablish What Has Always Been Taken For Granted--that The Public Domain Would Grow Each Year With New Creative Work.

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?

Believing We Know What Makes Prosperity Work, Ignoring The Nature Of The Actual Prosperity All Around, We Change The Rules Within Which The Internet Revolution Lives. These Changes Will End The Revolution.

Internet Revolution

Power Runs With Ideas That Only The Crazy Would Draw Into Doubt.

Creativity And Innovation Always Builds On The Past. The Past Always Tries To Control The Creativity That Builds Upon It. Free Societies Enable The Future By Limiting This Power Of The Past. Ours Is Less And Less A Free Society.

There Is A Culture Among Academics To Be Obscure. If You're Too Clear, You Can't Be Saying Anything Interesting. The Issue Isn't Word Length. The Issue Is A Commitment To Speaking In A Way An Audience Can Understand.

A Culture Without Property, Or In Which Creators Can't Get Paid, Is Anarchy, Not Freedom.

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.

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.

The Principle, That Should Be A Fundamental Principle In Our Democracy, The Principle Of "one Person, One Vote," Says That The Vote Of Every American Should Count Equally. And If It Does, Hillary Clinton Should Be The President Of The United States.

Monopoly Controls Have Been The Exception In Free Societies; They Have Been The Rule In Closed Societies.

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