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OSCON July 24, 2002
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1.Creativity and innovation always builds on the past.
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2. The past always tries to control the creativity that builds on it.
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3. Free societies enable the future by limiting the past.
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4. Ours is less and less a free society.
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(1)
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1774 Donaldson v. Beckett free culture born
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1710 Statute of Anne limited term 14 years
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1740s Scottish publishers reprint classics
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London publishers: “copyright is forever”
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[Sonny Bono: “forever minus a day”]
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London publishers: “copyright is forever”
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publishers
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“old patentees and monopolizers in the trade of bookselling, men who do not labour in an honest profession to learning is indetted.”
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“common law copyright”
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1769 Millar v. Taylor publishers prevail
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1774 Millar reversed
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Shakespeare free
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freed culture
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1.Creativity and innovation always builds on the past.
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2. The past always tries to control the creativity that builds on it.
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3. Free societies enable the future by limiting the past.
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4. Ours is less and less a free society.
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(2)
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1790 unregulated creativity “printing” free derivatives 14 years
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1790 free code transparent technology
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control
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not just then
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1928 Walt Disney Steamboat Willie Steamboat Bill., Jr.
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1928 Walt Disney Steamboat Willie Steamboat Bill, Jr.
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“always parroting the feature length mainstream films”
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commons
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lawyer
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“limited Times”
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1790 “fourteen years” maybe x2
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to 42 (1831)
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56 (1909)
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59 (1962)
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61 (1965)
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63 (1967)
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64 (1968)
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65 (1969)
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66 (1970)
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67 (1971)
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68 (1972)
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70 (1974)
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75 (1976)
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95 (1998)
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Sonny Bono Copyright Term Extension Act
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aka
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Mickey Mouse Protection Act
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No one can do to Disney, Inc. what Walt Disney did to the Brothers Grimm
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1.Creativity and innovation always builds on the past.
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2. The past always tries to control the creativity that builds on it.
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3. Free societies enable the future by limiting the past.
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4. Ours is less and less a free society.
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(3)
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different now
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2002 regulated creativity
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law:
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©
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©
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©
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©
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©
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“publishing” to “copying”
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“copies” to “derivative works”
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“14 years” to “life+70”
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technology:
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opaque creativity
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controlling uses
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law + technology:
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law regulates “copies”
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uses
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unregulated
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read
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unregulated readgive
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unregulated read sell give
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unregulated read sell give sleep
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unregulated ©
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© publish
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unregulated ©
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© fair use
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unregulated © quote
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uses
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1. unregulated 2. regulated 3. ©
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uses 1. unregulated 2. regulated 3. ©
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uses 1. unregulated 2. fair use 3. ©
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uses 1. unregulated 2. fair use 3. ©
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enter the net
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every acts a copy
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every act’s a copy
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unregulated uses
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regulated
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©
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uses 1. unregulated 2. fair use 3. ©
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“fair use”
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“teach your Aibo jazz”
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“[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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uses 1. unregulated 2. fair use 3. ©
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uses ©
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controlled creativity
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never more controlled
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term scope concentration
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never fewer more
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1773
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control
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1.Creativity and innovation always builds on the past.
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2. The past always tries to control the creativity that builds on it.
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3. Free societies enable the future by limiting the past.
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4. Ours is less and less a free society.
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(4)
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you
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gnu
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transparent creativity
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free sharing
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common base
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create like it’s 1790
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proprietary v. free
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for now
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1.Creativity and innovation always builds on the past.
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2. The past always tries to control the creativity that builds on it.
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3. Free societies enable the future by limiting the past.
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4. Ours is less and less a free society.
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(5)
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free code threatens
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threats to free code
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item: sw patents
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Mr. Gates on sw patents:
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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.
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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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Established companies have an interest in excluding future competitors.
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4 years
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tiny changes
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tim changes
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q. todd changes
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apologists
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what have you done?
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“excluding future competitors”
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defensive
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offensive
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what have you done?
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item: copyright wars
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homeric tragedy
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$25,000
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insane rules whole world
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insane rules for the whole world
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broadcast flag
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mandated fritz chips
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“police state in every computer”
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digital vigilantes
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“a terrorist war”
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for what?
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“to stop the harm”
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the harm: 5x -5%
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what have you done?
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1.Creativity and innovation always builds on the past.
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2. The past always tries to control the creativity that builds on it.
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3. Free societies enable the future by limiting the past.
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4. Ours is less and less a free society.
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(6)
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JC Watts
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“If you’re explaining, you’re losing.” JC Watts
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6 years
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what have you done?
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Boucher Cannon Hank Perritt
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eff.org
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do something
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