Archive of UserLand's first discussion group, started October 5, 1998.

New Lessig column on copyright

Author:Russell Lipton
Posted:6/21/2000; 6:29:32 AM
Topic:New Lessig column on copyright
Msg #:17975
Prev/Next:17974 / 17976

The Limits of Copyright.

From its conclusion:

"Everyone is entitled to his or her own (corporate) view. Adobe is entitled to press "overly strong" intellectual property protection if it pays. But the "false trade-off" is the one Warnock presents: between pirates and him. The true trade-off is between balance and him. The choice is between the balance that our framers, and our tradition, firmly recognized, and the recent race to increase government regulation of innovation through copyright.

You are right, Mr. Warnock, to look to the Constitution to understand the nature of intellectual property. I suggest you do so again. Right there, in Article I, Section 8, Clause 8, is a power granted to Congress – to secure "exclusive Rights" for "limited times" "to promote Progress." A balance, in other words, between intellectual property and an intellectual commons, to the end of progress."

The interesting point to me, which I hadn't focused on before, is the intent of the Founders that early copyright promote the 18th century version of innovation within the civic community.

I recall discussion here recently about Lessig's position on copyright - this reinforces his position as an opponent of copyright "corporatism".

aka HeadDuffer
duffer.editthispage.com




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