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.
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.
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.
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.
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.
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.
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.
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.
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