internet creativity vs internet regulation
Post on 05-Jul-2015
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Internet Creativity vs. Internet Regulation
Life is organized by technology
But law attempts to ignore technology
FAIL
...
The root of our problem begins about 5000 years ago...
Writing: an information storage system outside the body.
Independent of space & time
The history of writing is the history of reducing
copying costs.
Gutenberg is important...
Wheras printers, booksellers, and other persons, have of late frequently taken the liberty of printing... books, and other writings, without the consent of the authors... to their very great detriment, and too often to the ruin of them and their families: For preventing therefore such practices for the future, and for the encouragement of learned men to compose and write useful books...
Statute of Anne 1710… (The modern myth of creation)
But what happened then?
The archdeacon gazed at the gigantic edifice for some time in silence, then extending his right hand, with a sigh, towards the printed book
which lay open on the table, and his left towards the NotreDame, and turning a sad glance from
the book to the church, “Alas”, he said, “this will kill that.”
The Hunchback of NotreDame 1831
Berne Convention
International Norm Established
Idea/ExpressionNo formalities70 Years
Which becomes copyright today...
It even adapts to new technology
“entirely from his own mental conception, to which he gave visible form”
”useful, new, harmonious, characteristic, and graceful picture.”
Oscar Wilde nr 18 av Napoleon Sarony
But digitalization changed everything
Copies
Cost
Initial cost
First Copy
In a digital environment the cost of copying moves towards zero.
In an Internet environment the cost of copying is shared by the end user
Analogue
Digital
I havent written on here for a while but I've taken the time to write this as I think music piracy is having a
dangerous effect on British music…
You don't start out in music with the Ferraris. Instead you get a huge debt from your record company, which you
spend years working your arse off to repay…
I don't think what's out there is perfect. It's stupid that kids can't buy anything on the internet without credit, forcing them to steal Mum's credit card or download
illegally. It's this kind of thing that the record company bosses, artists, broadband providers and government
should be sitting down and discussing.
Main argument today: if copying costs move towards zero then
harsher copyright laws
This argument forgets technology & society
LAW
PROGRAMMED & CONTEXTUAL SOCIAL RULES
ARCHITECTURE
A funny thing happened on the Jaipur – Delhi Express...
The disruption occurs when the technology, which is introduced effects the social arrangements
around which we build our lives
Three really crazy ideas...
that WORKED!
Richard Stallman has proved empirically that economic rewards
are not a prerequisite for creation
Jimmy Wales showed that Stallman's ideas could scale
and include a hugely differentiated group
Lawrence Lessig showedthat, given the opportunity, creators share all types of
copyrightable works
…and then came the rest of us...
This past decade(the death of memory)
2000
2001
2002
2003 2005
2004 2006
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Wikipedia
Blo
gger
199
9
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Second Life
Skype
My Space
2000
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Wikipedia
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Second Life
Skype
My Space Digg
2000
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Second Life
Skype
My Space Digg
Ning
YouTube
2000
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2004 2006
Wikipedia
Blo
gger
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9
Second Life
Skype
My Space Digg
Ning
YouTube
Spotify
Anything that is in the world when you’re born is normal and ordinary and is just a natural part of
the way the world works. Anything that’s invented between when you’re fifteen and thirty
five is new and exciting and revolutionary and you can probably get a career in it. Anything invented after you’re thirtyfive is against the
natural order of things.
(which is another reason I admire India)
Impulse: Control
Command & Control is an inefficient system
To be u
sed
To be u
sed
with ca
re!
with ca
re!
Innovative Technology &wasteful law
Do you want to see one of my favorite sights in Jaipur?
Whether by necessity or design India's default position is open access to technology
Free Software Foundation & the GPL LicenseProtects the Four Freedoms
Four Freedoms
The freedom to...
…run the program, for any purpose.
…study how the program works, and adapt it to your needs.
…redistribute copies so you can help your neighbor.
…improve the program, and release your improvements to the public
If 4 Freedoms lead to innovation,what does copyright law do?
Napster:
Launched July 1999April 2000 – 10 million users
January 2001 18 million users
A & M Records, Inc. v. Napster, Inc. 239 F.3d (9th Cir. 2001).
Grokster:
MGM Studios, Inc. v. Grokster, Ltd. 545 U.S. 913 (2005)
Sweden is home to one of the most famous Internet sites in the world...
No, its n
ot
Ikea
The development of torrent technology is a direct consequence of the law. And now the law is trying
to equate torrents to copyright infringement
So what is the moral of this tale lecture?
3. Most of Europe & the United States have made the mistake of almost eliminating access &
anarchy. It will take many years for us to recover.
2. Law does not innovate. Legislators wishing to drive innovation must preserve access to
technology and anarchy
1. You as lawyers must not fall into the trap of single system life... even if the law encourages
such thinking.
Social Technology
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