The Future of Ideas

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The Future of Ideas
The Future of Ideas.jpg
Author Lawrence Lessig
PublisherRandom House
Publication date
2001
ISBN 0-375-50578-4
OCLC 46969861
Preceded by Code and Other Laws of Cyberspace  
Followed by Free Culture  

The Future of Ideas: The Fate of the Commons in a Connected World (2001) is a book by Lawrence Lessig, at the time of writing a professor of law at Stanford Law School, who is well known as a critic of the extension of the copyright term in US. [1] It is a continuation of his previous book Code and Other Laws of Cyberspace , which is about how computer programs can restrict freedom of ideas in cyberspace.

Lawrence Lessig American academic, political activist

Lester Lawrence Lessig III is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University. Lessig was a candidate for the Democratic Party's nomination for president of the United States in the 2016 U.S. presidential election, but withdrew before the primaries.

Stanford Law School graduate school of Stanford University, California, U.S

Stanford Law School is a professional graduate school of Stanford University, located in Silicon Valley near Palo Alto, California. Established in 1893, Stanford Law has been ranked one of the top three law schools in the country, with Yale Law School and Harvard Law School, every year since 1992. Since 2016, Stanford Law has been ranked 2nd. Stanford Law is consistently regarded as one of the most prestigious law schools in the world.

Copyright is the exclusive right given to the creator of a creative work to reproduce the work, usually for a limited time. The creative work may be in a literary, artistic or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution.

Contents

While copyright helps artists get rewarded for their work, Lessig warns that a copyright regime that is too strict and grants copyright for too long a period of time (e.g. the current US legal climate) can destroy innovation, as the future always builds on the past. [2] Lessig also discusses recent movements by corporate interests to promote longer and tighter protection of intellectual property in three layers: the code layer, the content layer, and the physical layer.

Intellectual property Notion of ownership of ideas and processes

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyrights, patents, trademarks, and trade secrets. Early precursors to some types of intellectual property existed in societies such as Ancient Rome, but the modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems.

The code layer is that which is controlled by computer programs. One instance is Internet censorship in mainland China by sorting out geographical IP addresses. The content layer is notoriously illustrated by Napster, a peer-to-peer file sharing service. Lessig criticizes the reaction of music companies and Hollywood. [3] The physical layer is the one that actually conveys information from one point to another, and can be either wired or wireless. He discusses particularly the regulation of the radio spectrum in the United States.

An Internet Protocol address is a numerical label assigned to each device connected to a computer network that uses the Internet Protocol for communication. An IP address serves two main functions: host or network interface identification and location addressing.

Napster is a set of three music-focused online services. It was founded as a pioneering peer-to-peer (P2P) file sharing Internet software that emphasized sharing digital audio files, typically audio songs, encoded in MP3 format. As the software became popular, the company ran into legal difficulties over copyright infringement. It ceased operations and was eventually acquired by Roxio. In its second incarnation, Napster became an online music store until it was acquired by Rhapsody from Best Buy on December 1, 2011.

Peer-to-peer file sharing is the distribution and sharing of digital media using peer-to-peer (P2P) networking technology. P2P file sharing allows users to access media files such as books, music, movies, and games using a P2P software program that searches for other connected computers on a P2P network to locate the desired content. The nodes (peers) of such networks are end-user computers and distribution servers.

In the end, he stresses the importance of existing works entering the public domain in a reasonably short period of time, as the Founding Fathers intended.

Founding Fathers of the United States Group of Americans who led the revolution against Great Britain

The Founding Fathers of the United States, or simply the Founding Fathers, were a group of American leaders who united the Thirteen Colonies, led the war for independence from Great Britain, and built a frame of government for the new United States of America upon republican principles during the latter decades of the 18th century. Most Founding Fathers at one point considered themselves British subjects, but they came to understand themselves more as patriotic Americans who possessed a spirit distinct from that of their motherland. The group was composed of businessmen, lawyers, philosophers, politicians, plantation owners and writers from a variety of social, economic, and ethnic backgrounds. The Founding Fathers came from a variety of occupations, and many had no prior political experience.

On 15 January 2008, Lessig announced on his blog that his publishers agreed to license the book under a Creative Commons Attribution-Noncommercial license, and the book in PDF format can be downloaded freely. [4]

The Portable Document Format (PDF) is a file format developed by Adobe in the 1990s to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. Based on the PostScript language, each PDF file encapsulates a complete description of a fixed-layout flat document, including the text, fonts, vector graphics, raster images and other information needed to display it. PDF was standardized as ISO 32000 in 2008, and no longer requires any royalties for its implementation.

Editions

Random House General-interest trade book publisher

Random House is an American book publisher and the largest general-interest paperback publisher in the world. As of 2013, it is part of Penguin Random House, which is jointly owned by German media conglomerate Bertelsmann and British global education and publishing company Pearson PLC.

International Standard Book Number Unique numeric book identifier

The International Standard Book Number (ISBN) is a numeric commercial book identifier which is intended to be unique. Publishers purchase ISBNs from an affiliate of the International ISBN Agency.

Related Research Articles

Open content creative work that others can copy or modify

Open content is a neologism coined by David Wiley in 1998 which describes a creative work that others can copy or modify freely, without asking for permission. The term evokes the related concept of open-source software. Such content is said to be under an open licence.

Creative Commons (CC) is an American non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses, known as Creative Commons licenses, free of charge to the public. These licenses allow creators to communicate which rights they reserve and which rights they waive for the benefit of recipients or other creators. An easy-to-understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Creative Commons licenses do not replace copyright but are based upon it. They replace individual negotiations for specific rights between copyright owner (licensor) and licensee, which are necessary under an "all rights reserved" copyright management, with a "some rights reserved" management employing standardized licenses for re-use cases where no commercial compensation is sought by the copyright owner. The result is an agile, low-overhead and low-cost copyright-management regime, benefiting both copyright owners and licensees.

Criticism of copyright movement dissenting the nature of current copyright law

Opposition to copyright or anti-copyright is opposition to the current state of copyright law, or perhaps copyright as a concept. Opposition groups often criticize philosophical, economical, or social rationales of such laws and the laws' implementations, the benefits of which they claim do not justify the policy's costs to society. Adherents advocate for changing the current system, though different groups have different ideas of what that change should be. Some call for remission of the policies to a previous state—copyright once covered few categories of thing and had shorter term limits—or they may seek to expand concepts like Fair Use that allow permissionless copying. Others seek the abolition of copyright itself.

Creative Commons license license allowing free use of a work

A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that they have created. CC provides an author flexibility and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.

<i>Free Culture</i> (book) book by Lawrence Lessig

Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity is a 2004 book by law professor Lawrence Lessig that was released on the Internet under the Creative Commons Attribution/Non-commercial license on March 25, 2004.

Permission culture is a term often employed by Lawrence Lessig and other copyright activists such as Luis Villa and Nina Paley to describe a society in which copyright restrictions are pervasive and enforced to the extent that any and all uses of copyrighted works need to be explicitly leased. This has both economic and social implications: in such a society, copyright holders could require payment for each use of a work and, perhaps more importantly, permission to make any sort of derivative work.

Remix culture a society that allows and encourages derivative works by combining or editing existing materials to produce a new product

Remix culture, sometimes read-write culture, is a society that allows and encourages derivative works by combining or editing existing materials to produce a new creative work or product. A remix culture would be, by default, permissive of efforts to improve upon, change, integrate, or otherwise remix the work of copyright holders. While a common practice of artists of all domains throughout human history, the growth of exclusive copyright restrictions in the last several decades limits this practice more and more by the legal chilling effect. In reaction, Harvard law professor Lawrence Lessig who considers remixing a desirable concept for human creativity has worked since the early 2000s on a transfer of the remixing concept into the digital age. Lessig founded the Creative Commons in 2001 which released Licenses as tools to enable remix culture again, as remixing is legally prevented by the default exclusive copyright regime applied currently on intellectual property. The remix culture for cultural works is related to and inspired by the earlier Free and open-source software for software movement, which encourages the reuse and remixing of software works.

Free-culture movement social movement promoting free content

The free-culture movement is a social movement that promotes the freedom to distribute and modify the creative works of others in the form of free content or open content without compensation to, or the consent of, the work's original creators, by using the Internet and other forms of media.

Students for Free Culture organization

Students for Free Culture, formerly known as FreeCulture.org, is an international student organization working to promote free culture ideals, such as cultural participation and access to information. It was inspired by the work of former Stanford, now Harvard, law professor Lawrence Lessig, who wrote the book Free Culture, and it frequently collaborates with other prominent free culture NGOs, including Creative Commons, the Electronic Frontier Foundation, and Public Knowledge. Students for Free Culture has over 30 chapters on college campuses around the world, and a history of grassroots activism.

<i>Code: Version 2.0</i> book by Lawrence Lessig

Code: Version 2.0 is a 2006 book by Harvard law professor Lawrence Lessig which proposes that governments have broad regulatory powers over the Internet. The book is released under a Creative Commons license, CC BY-SA 2.5.

<i>Good Copy Bad Copy</i> 2007 film

Good Copy Bad Copy is a 2007 documentary film about copyright and culture in the context of Internet, peer-to-peer file sharing and other technological advances, directed by Andreas Johnsen, Ralf Christensen, and Henrik Moltke. It features interviews with many people with various perspectives on copyright, including copyright lawyers, producers, artists and filesharing service providers.

<i>Code and Other Laws of Cyberspace</i> book

Code and Other Laws of Cyberspace is a 1999 book by Lawrence Lessig on the structure and nature of regulation of the Internet.

The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

GNU Free Documentation License copyleft license primarily for free software documentation

The GNU Free Documentation License is a copyleft license for free documentation, designed by the Free Software Foundation (FSF) for the GNU Project. It is similar to the GNU General Public License, giving readers the rights to copy, redistribute, and modify a work and requires all copies and derivatives to be available under the same license. Copies may also be sold commercially, but, if produced in larger quantities, the original document or source code must be made available to the work's recipient.

<i>Remix</i> (book) book by Lawrence Lessig

Remix: Making Art and Commerce Thrive in the Hybrid Economy is Lawrence Lessig's fifth book. The book was made available for free download and remixing under the CC BY-NC Creative Commons license via Bloomsbury Academic. It is still available via the Internet Archive. It details a hypothesis about the societal effect of the Internet, and how this will affect production and consumption of popular culture to a "remix culture".

<i>Freedom of Expression</i> (book) book by Kembrew McLeod

Freedom of Expression® is a book written by Kembrew McLeod about freedom of speech issues involving concepts of intellectual property. The book was first published in 2005 by Doubleday as Freedom of Expression®: Overzealous Copyright Bozos and Other Enemies of Creativity, and in 2007 by University of Minnesota Press as Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property. The paperback edition includes a foreword by Lawrence Lessig. The author recounts a history of the use of counter-cultural artistry, illegal art, and the use of copyrighted works in art as a form of fair use and creative expression. The book encourages the reader to continue such uses in art and other forms of creative expression.

Pathetic dot theory

The pathetic dot theory or the New Chicago School theory was introduced by Lawrence Lessig in a 1998 article and popularized in his 1999 book, Code and Other Laws of Cyberspace. It is a socioeconomic theory of regulation. It discusses how lives of individuals are regulated by four forces: the law, social norms, the market, and architecture.

Creative Commons NonCommercial license

A Creative Commons NonCommercial license' is a Creative Commons license which a copyright holder can apply to their media to give public permission for anyone to reuse that media only for noncommercial activities. Creative Commons is an organization which develops a variety of public copyright licenses, and the "noncommercial" licenses are a subset of these.

References

  1. Starr, Sandy (July 2, 2004). "Culture warrior". Spiked. Archived from the original on July 10, 2012. Retrieved December 15, 2011.
  2. Gelernter, David (December 12, 2001). "The Computer World, Inside and Out". Books of the Times. The New York Times. Retrieved December 15, 2011.
  3. Stalder, Felix (January 8, 2002). "The excess of control". Telepolis. Retrieved December 15, 2011.
  4. Lessig, Lawrence. The Future of Ideas is now Free. Last accessed on January 16, 2008.