Christos Stamos 2008-08-03
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It is indicative of the widespread misconceptions about the nature and purpose of intellectual property law that Bill Gates could get away with so foolish a statement as to conflate the open source movement with communist dogma.
And it is to such misguided notions that professor Lessig responds with this work. The issue at stake with the current debate on copyright, Lessig contends, is not a simplistic battle of unrewarded creators against thieving pirates, as the content industry would have us believe. Nor is it a conflict between those who support individual property rights and aspiring property abolitioners. If anything, such strawmen have been set up for no other purpose than to vilify moderates on the copyright debate and frame discourse on a divisive ideological basis.
Contrary to media perceptions, those attempting to subvert the status quo have been the intellectual property extremists who favor limitless copyright terms, instead of the careful balance between incentives for creative work (through the state-enforced copyrights), and infusion of creative work into the public domain after a reasonable time frame.
That balance has been the rationale behind modern copyright law, and not the misguided notion that a corporation may hold perpetual ownership of the ideas conceived by its employees - "for ever minus one day", per Jack Valenti's infamous quip. This latter restrictive, extremist approach to copyright, Lessig argues, would hamper the fertilization of public domain with new ideas, stifle innovation and go to the face of copyright law's goals.
"Free Culture" provides numerous examples of how the eventual flow of copyrighted works into the public domain buttresses innovation and creativity ; how the staunchest sponsors of limitless copyright extensions have they themselves tapped into the public domain for some of their most cherished values, and how creativity, just as much as artistic and individual liberties are compromised by the tidal wave of copyright extremism.
In light of the encroachment upon consumer rights, creative freedom and the public domain by such restrictive measures as anti-circumvention laws and retroactive copyright extensions, Lawrence Lessig's book is an eloquent, indispensable call for some long-needed moderation in copyright policy.