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.
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.
All of the great Disney works took works that were in the public domain and remixed them.
Legislation needs a better reason than that lawyers like it, and that America does 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.
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.
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.
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.
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.
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