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Circuit opinion in Oct. He digresses on cultural freedoms in America, with especial emphasis on copyright laws in the digital (computer) age. ISBN 0-14 30.3465 0, PB 345/306. In the remaining 50 pages or so, Lessig discusses the legal, societal and big business factors likely to influence a court's opinion.
7 3/4" x 5".The author, an ambitious lawyer and previously published is a professor at Stanford Law School immersed in diverse activities. "Free Culture: The Nature and Future of Creativity", Lawrence Lessig, Penguin Books, New York, NY, 2004. 2002. Overall, this book has a lot to offer; but, it is unnecessarily wordy, repeatedly overstates that which is clear. At great length and in myriads of ways he discusses ownership rights to creations subject to copyright protection - and finally, in chapter 13 (of 14) we meet the real subject matter of this entire narrative, Eldred, for whom he'd filed a lawsuit, Eldred v.
Herein, the Supreme Court affirmed the decision of the Court of Appeals, with two dissents & seven affirmatives. In the Afterword, he recites ways he would like to see copyright laws re-formulated. Notes 24 pgs., Index 13 pgs. The author's current mission is to now crusade and attempt to change this CTEA law, one he argues is not only unconstitutional and does not promote free culture; a law that does great harm in suppressing freedoms in many ways through inhibiting expression & creativity, mainly by fear of expensive litigation (for which he provides excellent examples). Ashcroft, January 1999, in federal district court of Washington, D.C., "asking the court to declare the Sonny Bono Copyright Term Extension Act unconstitutional" with claims the CTEA violated the Constitution's "limited Times" requirement.
The Court of Appeals initially rejected hearing the case en banc but finally agreed to review the D.C. Much in the book deals with both real and imaginary fears of litigation for infringement on patents, especially copyrights that no longer require a marking, registration, or renewal. Here, Lessig has honed his arguments nicely.
Copyright is one of the most important issues of the day, especially for anyone invested in any creative industry, and yet - so few artists and arts professionals invest themselves in thinking about it. He makes a compelling argument, backed up by an impressive accumulation of footnotes - all of which are indexed and linked in the freely downloadable on-line version. I used to think "copyright" was only a concern for appropriation artists. After reading Lessig's incredibly thorough and engaging book, I now know better. How's that for transparency. I'd recommend this to anyone.
A strong lobby comprising book publishers, music recording companies and movie companies are seeking strong enforcement power on the transmission of copyright materials on the Internet. The freedom of using such knowledge and thus enabling a free culture is what Lessig is looking forward to. They should also consider the magnitude of type B and assess the actual harm done against the benefits gained. Any reform of the law and enforcement actions should take all these into account. In 1945, the Supreme Court ruled to uphold the decision of the Congress with a simple statement that "Common sense revolts at the idea". The unlimited copyright duration has led to all published materials: books, music, films, to be excluded from the public domain forever.
A mere academic explanation of the letters of the Constitution was not sufficient to impress the Supreme Court. As such, hundreds of years of property right was erased. He explained the case in details in the book and admitted his mistake. Some people use sharing networks to sample content before purchasing it. The Causbys argued that the property right of their land would include the space above it, and that the government was trespassing on their property. Free culture, free as in freedom not free lunch, is threatened as copyright could restrain all adaptations of published materials.Lessig explained in details the origin, history and trend of the copyright issue. Second, there should be a definite duration of copyright to enable owners to receive their fair share of benefits. Lessig likened this case to the numerous extensions of copyright duration.
He argued that the extension was unconstitutional because the Constitution has a clause on limited time of copyright, and that repeated extension would render copyright with no time limit. The Causbys sued the US government of allowing airplanes to fly over their farm. Fibre-optic connection and wireless connection are making Internet access more convenient and virtually always available. The most advanced technology in the dissemination of knowledge is being restrained, as well as the free culture.On file sharing, Lessig divided them into four types by the content shared:Type A. Type B is illegal but beneficial to the owner.
The author of the book, Lawrence Lessig, is a professor of law at Stanford Law School. The Internet is quickly moving into its next phase of fast connection speed and perpetual availability. There are at present many websites offering online on-the-fly music listening, movie viewing and electronic book reading. Type C is illegal yet good for the society. They must avoid burdening type D even if it aims to eliminate type A. There are many who use sharing networks to get access to content that is not copyrighted or that the copyright owner wants to give away.Only type D sharing is clearly legal from the perspective of the law.
Although it is arguable whether everyone who takes content this way would actually have bought it if sharing didn't make it available for free, there are some who would, thus depriving the legitimate sale of copyright content.Type B. Common sense should revolt at this idea as well. He regretted that he did not take the advice of his legal partners that the case should be presented to the Supreme Court highlighting the harm done to free culture owing to unending copyright. If viewed from the perspective of economics, only type A sharing is harmful.
He is well known for representing Eldred in the case Eldred v Ashcroft where he fought in the US Supreme Court that the numerous extensions of copyright duration by the US Congress was unconstitutional. Instead of vigorously putting off all file sharing activities, Lessig suggested a model that could solve the problem and satisfy all parties. One topic which I am quite interested, and which deeply affects the Internet, is the downloading of files, in particular the peer-to-peer, P2P, file sharing technology which enables fast transmission and copying of digital files. Materials which their owners would wish to surrender copyright, or with expired copyright could enter the public domain for either free sharing or be used at a nominal cost. Third, such duration could be reasonably extended for those with continued value. He is a crusader for reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications. First, there should be a register of copyright materials.
This would establish a clear legal status of copyright so that people wishing to use copyright materials could have a clear channel to seek permission. For content not sold, there is still technically a violation of copyright, although because the copyright owner is not selling the content anymore, the economic harm is zero.Type D. The net effect of this sharing could increase the quantity of content purchased.Type C. There are many who use sharing networks to get access to copyrighted content that is no longer sold. As a result of such copyright extensions, the public domain of publications has ceased to expand since 1923.With regard to property right, he cited the case of Causbys.
Broadband connection is now widely used, and its speed is expected to be further enhanced. Some people use sharing networks as substitutes for purchasing content. This is a kind of target advertising which is quite likely to succeed. At present, these proposals are fiercely resisted by the interest parties who wish copyright to be forever.Notwithstanding the impasse, there are clear signs that the present struggle of file copying and file sharing on the Internet is only temporary. There will soon be no need for a user to download content from sharing networks as content is readily available any time we need.
I learned a lot about copyright law that I was completely unaware of before. This book also really changed the way I think about intellectual property.
our culture is becoming increasingly digitized and intellectual property is an oft-disputed domain. this book is absolutely essential if you have any concern towards media and policy regarding said media.
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