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OSCON July 24, 2002 1.Creativity and innovation always builds on the past.

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Presentation on theme: "OSCON July 24, 2002 1.Creativity and innovation always builds on the past."— Presentation transcript:

1

2 OSCON July 24, 2002

3

4 1.Creativity and innovation always builds on the past.

5 2. The past always tries to control the creativity that builds on it.

6 3. Free societies enable the future by limiting the past.

7 4. Ours is less and less a free society.

8

9 (1)

10 1774 Donaldson v. Beckett free culture born

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12

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14 1710 Statute of Anne limited term 14 years

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18 1740s Scottish publishers reprint classics

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21 London publishers: “copyright is forever”

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23 [Sonny Bono: “forever minus a day”]

24 London publishers: “copyright is forever”

25 publishers

26 “old patentees and monopolizers in the trade of bookselling, men who do not labour in an honest profession to learning is indetted.”

27 “common law copyright”

28 1769 Millar v. Taylor publishers prevail

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31 1774 Millar reversed

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33 Shakespeare free

34 freed culture

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36 1.Creativity and innovation always builds on the past.

37 2. The past always tries to control the creativity that builds on it.

38 3. Free societies enable the future by limiting the past.

39 4. Ours is less and less a free society.

40

41 (2)

42 1790 unregulated creativity “printing” free derivatives 14 years

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47 1790 free code transparent technology

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50 control

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52 not just then

53 1928 Walt Disney Steamboat Willie Steamboat Bill., Jr.

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59 1928 Walt Disney Steamboat Willie Steamboat Bill, Jr.

60 “always parroting the feature length mainstream films”

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74 commons

75 lawyer

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77 “limited Times”

78 1790 “fourteen years” maybe x2

79 to 42 (1831)

80 56 (1909)

81 59 (1962)

82 61 (1965)

83 63 (1967)

84 64 (1968)

85 65 (1969)

86 66 (1970)

87 67 (1971)

88 68 (1972)

89 70 (1974)

90 75 (1976)

91 95 (1998)

92 Sonny Bono Copyright Term Extension Act

93 aka

94 Mickey Mouse Protection Act

95 No one can do to Disney, Inc. what Walt Disney did to the Brothers Grimm

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98 1.Creativity and innovation always builds on the past.

99 2. The past always tries to control the creativity that builds on it.

100 3. Free societies enable the future by limiting the past.

101 4. Ours is less and less a free society.

102

103 (3)

104 different now

105 2002 regulated creativity

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107 law:

108 ©

109 ©

110 ©

111 ©

112 ©

113 “publishing” to “copying”

114 “copies” to “derivative works”

115 “14 years” to “life+70”

116 technology:

117 opaque creativity

118 controlling uses

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126 law + technology:

127 law regulates “copies”

128 uses

129 unregulated

130 read

131 unregulated readgive

132 unregulated read sell give

133 unregulated read sell give sleep

134 unregulated ©

135 © publish

136 unregulated ©

137 © fair use

138 unregulated © quote

139 uses

140 1. unregulated 2. regulated 3. ©

141 uses 1. unregulated 2. regulated 3. ©

142 uses 1. unregulated 2. fair use 3. ©

143 uses 1. unregulated 2. fair use 3. ©

144 enter the net

145 every acts a copy

146 every act’s a copy

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148 unregulated uses

149 regulated

150 ©

151 uses 1. unregulated 2. fair use 3. ©

152 “fair use”

153

154

155 “teach your Aibo jazz”

156 “[Y]our site contains information providing the means to circumvent AIBO-ware's copy protection protocol constituting a violation of the anti-circumvention provisions of the Digital Millennium Copyright Act.”

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159 uses 1. unregulated 2. fair use 3. ©

160 uses ©

161 controlled creativity

162 never more controlled

163 term scope concentration

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166 never fewer more

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169 1773

170 control

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172 1.Creativity and innovation always builds on the past.

173 2. The past always tries to control the creativity that builds on it.

174 3. Free societies enable the future by limiting the past.

175 4. Ours is less and less a free society.

176

177 (4)

178 you

179 gnu

180 transparent creativity

181 free sharing

182 common base

183 create like it’s 1790

184 proprietary v. free

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186 for now

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188 1.Creativity and innovation always builds on the past.

189 2. The past always tries to control the creativity that builds on it.

190 3. Free societies enable the future by limiting the past.

191 4. Ours is less and less a free society.

192

193 (5)

194 free code threatens

195 threats to free code

196 item: sw patents

197 Mr. Gates on sw patents:

198 If people had understood how patents would be granted when most of today’s ideas were invented and had taken out patents, the industry would be at a complete stand-still today.

199 The solution... is patenting as much as we can.... A future start-up with no patents of its own will be forced to pay whatever price the giants choose to impose. That price might be high: Established companies have an interest in excluding future competitors.

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201 Established companies have an interest in excluding future competitors.

202 4 years

203 tiny changes

204 tim changes

205 q. todd changes

206 apologists

207 what have you done?

208 “excluding future competitors”

209 defensive

210 offensive

211 what have you done?

212 item: copyright wars

213 homeric tragedy

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215 $25,000

216 insane rules whole world

217 insane rules for the whole world

218 broadcast flag

219 mandated fritz chips

220 “police state in every computer”

221 digital vigilantes

222 “a terrorist war”

223 for what?

224 “to stop the harm”

225 the harm: 5x -5%

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227

228 what have you done?

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230 1.Creativity and innovation always builds on the past.

231 2. The past always tries to control the creativity that builds on it.

232 3. Free societies enable the future by limiting the past.

233 4. Ours is less and less a free society.

234

235 (6)

236 JC Watts

237 “If you’re explaining, you’re losing.” JC Watts

238 6 years

239 what have you done?

240 Boucher Cannon Hank Perritt

241 eff.org

242 do something

243


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