James Boyle, a law proÂfesÂsor at Duke UniÂverÂsiÂty, has just put out a new book called The PubÂlic Domain: EnclosÂing the ComÂmons of the Mind, and it basiÂcalÂly tells citÂiÂzens what they need to know about intelÂlecÂtuÂal propÂerÂty law to take meanÂingÂful part in our emergÂing inforÂmaÂtion sociÂety. The book clearÂly comÂpleÂments a lot of the work done by Lawrence Lessig. You can snap up a copy in three difÂferÂent forÂmats (Free PDF copy, Free HTML copy, Buy on AmaÂzon) and also find othÂer free, downÂloadÂable books at CreÂative ComÂmons.
The name Alex KozinÂsÂki probÂaÂbly won’t mean much to many of you. But if you’re a lawyer, or a Supreme Court watchÂer, you’ll know that he’s the Chief Judge of the UnitÂed States Court of Appeals for the Ninth CirÂcuit (a realÂly presÂtiÂgious posiÂtion). Rather recentÂly, he’s been assoÂciÂatÂed with a highÂly visÂiÂble pornogÂraÂphy scanÂdal relatÂed to one of his casÂes, and now this. A video docÂuÂmentÂing his appearÂance long ago on The DatÂing Game, a wonÂderÂful piece of AmerÂiÂcana. And the best part is that he beat SquigÂgy from the othÂer slice of AmerÂiÂcana, LavÂerne & Shirley. Oh, the endÂless wealth of YouTube:
Below we have postÂed the last lecÂture that Lawrence Lessig will ever present on Free CulÂture. It’s an area where he has spent the past decade workÂing, and this talk offers an excelÂlent introÂducÂtion to Lessig’s thought and work on this issue. GivÂen at StanÂford on JanÂuÂary 31, the preÂsenÂtaÂtion is one that Steve Jobs could appreÂciÂate. Very well done. So give it a watch below (or here). Also, if you’d like to get free digÂiÂtal copies of Lessig’s major writÂings on Free CulÂture, look here.
As for what Lessig plans to do next. He has talked about comÂbatÂing corÂrupÂtion in WashÂingÂton (someÂthing he talks about here). That’s part of the plan, but he may do it by runÂning for ConÂgress. Read this artiÂcle in the Wall Street JourÂnal and check out the new site: Lessig08.com
In 2001, StanÂford law proÂfesÂsor Lawrence Lessig pubÂlished The Future of Ideas: The Fate of the ComÂmons in a ConÂnectÂed World. Here, Lessig launched a camÂpaign against AmerÂiÂcan copyÂright law, arguÂing that it has become so restricÂtive that it stiÂfles culÂturÂal innoÂvaÂtion and social progress .… which underÂmines the origÂiÂnal point of copyÂright law. Back in 1787, the foundÂing fathers includÂed the “copyÂright clause” in the AmerÂiÂcan conÂstiÂtuÂtion, lookÂing to give authors a short-term incenÂtive to innoÂvate and ultiÂmateÂly conÂtribute to the pubÂlic good. (ArtiÂcle I, SecÂtion 8 empowÂers ConÂgress “To proÂmote the Progress of SciÂence and useÂful Arts, by securÂing for limÂitÂed Times to Authors and InvenÂtors the excluÂsive Right to their respecÂtive WritÂings and DisÂcovÂerÂies.”). At the outÂset, copyÂright law proÂtectÂed forms of expresÂsion — and let authors profÂit from them — for a minÂiÂmum of 14 years and a maxÂiÂmum of 28. Then, the mateÂrÂiÂal went into the pubÂlic domain. But over time, the proÂtecÂtions placed on culÂturÂal expresÂsion have been extendÂed, and now works are proÂtectÂed so long as an author is alive, and then anothÂer 70 years. That’s potenÂtialÂly up to 140 years or more. All of this has hapÂpened because ConÂgress has been sucÂcessÂfulÂly lobÂbied by large media corÂpoÂraÂtions (e.g. DisÂney), wantÂiÂng to monÂeÂtize their media assets (think, MickÂey Mouse) indefÂiÂniteÂly.
AnyÂway, this is a long way of telling you that you can now downÂload The Future of Ideasfor free. Lessig perÂsuadÂed RanÂdom House to release the book under a “CreÂative ComÂmons” license, using the arguÂment that free e‑books will actuÂalÂly stimÂuÂlate sales of paper copies. (Do you realÂly want to read 350 pages on your comÂputÂer screen?)
This is not the first time that Lessig has worked with this modÂel. One of his preÂviÂous books, Free CulÂture: How Big Media Uses TechÂnolÂoÂgy and the Law to Lock Down CulÂture and ConÂtrol CreÂativÂiÂty, was also made freely availÂable in digÂiÂtal forÂmat. (You can downÂload a free audioÂbook verÂsion or buy the paper verÂsion here.)
As a final note, I should menÂtion that Lessig will be leavÂing behind his focus on these copyÂright issues, and turnÂing his sights to corÂrupÂtion in WashÂingÂton. Below you can watch him outÂline the probÂlem that he’s lookÂing to tackÂle.
What does the SecÂond AmendÂment mean? It’s someÂthing that the Supreme Court has nevÂer realÂly said. In this hour long video, Cass SunÂstein, a very well known law proÂfesÂsor from the UniÂverÂsiÂty of ChicaÂgo, takes a crack at interÂpretÂing this amendÂment and seeÂing whether its origÂiÂnal meanÂing actuÂalÂly conÂfers the right to bear arms. Originalists/conservatives probÂaÂbly won’t like his conÂcluÂsions, and they may be inclined to disÂmiss this as a talk givÂen by anothÂer libÂerÂal elitÂist. But they should keep in mind that SunÂstein actuÂalÂly saw the Bush adminÂisÂtraÂtion’s wireÂtapÂping as havÂing a plauÂsiÂble legal basis, and he’s had anyÂthing but a harsh assessÂment of John Roberts’ track record as a judge.
The Supreme Court has long takÂen heat for being in the techÂnoÂlogÂiÂcal arrière-garde, a critÂiÂcism that has seemed fair givÂen its unwillÂingÂness to even allow camÂeras into its oral arguÂments.
SlowÂly, howÂevÂer, that perÂcepÂtion may be about to change. AccordÂing to the ABA JourÂnal eReÂport, the Court has stuck a small toe into the techÂnolÂoÂgy waters by proÂvidÂing web access to videoÂtaped eviÂdence that figÂured into a recent case, Scott v. HarÂris. The url for the video gets refÂerÂenced withÂin the writÂten opinÂion for the case, and a link is proÂvidÂed from the Court’s opinÂions web page. (You’ll need Real PlayÂer to watch it.)
The video itself is nothÂing speÂcial. It feaÂtures very low qualÂiÂty footage of a car chase takÂen from the dashÂboard of a police car, and it’s essenÂtialÂly the same sceÂnario that AmerÂiÂca has seen played out for almost 20 years on Fox’s COPS. As you watch the video, you can’t help but feel that this landÂmark moment for the court is a non-moment. But that’s perÂhaps to be expectÂed when a traÂdiÂtion-bound instiÂtuÂtion banalÂly enters a brave new world.
ProÂduced by the JourÂnal of Law, EcoÂnomÂics, and PolÂiÂcy.
HarÂvard Law School
MediÂaÂBerkÂman by The BerkÂman CenÂter for InterÂnet & SociÂetyiTunesFeedWeb Site
MediÂaÂBerkÂman “feaÂtures conÂverÂsaÂtions with and talks by leadÂing cyber-scholÂars, entreÂpreÂneurs, activists, and polÂiÂcyÂmakÂers as they explore topÂics such as the facÂtors that influÂence knowlÂedge creÂation and disÂsemÂiÂnaÂtion in the digÂiÂtal age; the charÂacÂter of powÂer as the worlds of govÂerÂnance, busiÂness, citÂiÂzenÂship and the media meet the interÂnet; and the opporÂtuÂniÂties, role and limÂiÂtaÂtions of new techÂnoloÂgies in learnÂing.”
These techÂnolÂoÂgy-focused lecÂtures are givÂen by a diverse group of facÂulÂty, many from uniÂverÂsiÂties othÂer than StanÂford.
ProÂgram in Law, SciÂence & TechÂnolÂoÂgyiTunesWeb Site
This proÂgram focusÂes on the role that sciÂence and techÂnolÂoÂgy play in the nationÂal and globÂal areÂnas. The issues disÂcussed in these podÂcasts will interÂest stuÂdents, legal proÂfesÂsionÂals, busiÂnessÂpeoÂple, govÂernÂment offiÂcials, and the pubÂlic at large.
The AmerÂiÂcan ConÂstiÂtuÂtion SociÂety for Law and PolÂiÂcyiTunesFeedWeb Site
The AmerÂiÂcan ConÂstiÂtuÂtion SociÂety for Law and PolÂiÂcy is a nationÂal orgaÂniÂzaÂtion comÂprised of lawyers, law stuÂdents, scholÂars, judges, polÂiÂcyÂmakÂers, and othÂer conÂcerned indiÂvidÂuÂals workÂing to ensure that funÂdaÂmenÂtal prinÂciÂples of human digÂniÂty, indiÂvidÂual rights and libÂerÂties, genÂuine equalÂiÂty, and access to jusÂtice enjoy their rightÂful, cenÂtral place in AmerÂiÂcan law.
Lawrence Lessig, a law proÂfesÂsor at StanÂford, has made a big name for himÂself by develÂopÂing a susÂtained criÂtique of how ConÂgress, at the behest of corÂpoÂrate AmerÂiÂca, has proÂgresÂsiveÂly stiÂfled culÂturÂal and sciÂenÂtifÂic innoÂvaÂtion by extendÂing the duraÂtion and scope of copyÂright laws. Out of this criÂtique, Lessig foundÂed CreÂative ComÂmons, a non-profÂit which issues copyÂright licensÂes that allow authors and innoÂvaÂtors to retain some conÂtrol over their works yet “dedÂiÂcate [them] to the pubÂlic domain” where they will conÂtribute to the flourÂishÂing of new culÂture. And, even betÂter, Lessig has pubÂlished some of his own imporÂtant works under these licensÂes, includÂing Free CulÂture: How Big Media Uses TechÂnolÂoÂgy and the Law to Lock Down CulÂture and ConÂtrol CreÂativÂiÂty. What this means is that you can freely access the book in a variÂety of difÂferÂent forÂmats (click here to pick), even an audio book verÂsion. This makes it utterÂly easy to find out what Lessig’s groundÂbreakÂing arguÂments are all about. It gets his thinkÂing out there, into the comÂmons, and vigÂorÂousÂly shapes the debate on copyÂright law. It brings about a free flow of ideas, the very thing that Lessig cares most about.
FinalÂly, you may also want to check out the recent work pubÂlished by Lessig’s peer at Yale, Yochai BenÂkler: The Wealth of NetÂworks. Though released in hardÂcovÂer, it is also freely availÂable in wiki and PDF forÂmats.
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