Frasi di Lawrence Lessig

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Lawrence Lessig

Data di nascita: 3. Giugno 1961

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Lawrence Lessig è un giurista statunitense. Direttore della Edmond J. Safra Foundation Center for Ethics dell'Università di Harvard, dove insegna anche diritto, fondatore dello Stanford Center for Internet and Society , fondatore e amministratore delegato di Creative Commons, nonché membro del consiglio direttivo della Electronic Frontier Foundation e di quello del Software Freedom Law Center, costituito nel febbraio 2005, è noto soprattutto come sostenitore della riduzione delle restrizioni legali sul diritto d'autore, sui marchi commerciali e sullo spettro delle frequenze radio, in particolare nelle applicazioni tecnologiche.

Lessig ha annunciato all'iCommons Summit 07 che non si sarebbe più concentrato sul copyright e sulle tematiche ad esso legate, ma sulla corruzione nel sistema politico statunitense. Questo suo nuovo impegno sarà in parte facilitato dalla presenza del suo wiki — "Lessig Wiki" — dal momento che egli stesso ha incoraggiato i visitatori a farne uso per documentare casi di corruzione. Frutto di questo suo nuovo orientamento del proprio attivismo è l'inaugurazione, nel maggio del 2014, del Comitato di Azione Politica a finanziamento collettivo denominato "May Day PAC". Lo scopo dichiarato è di far eleggere al Congresso degli Stati Uniti candidati che si impegnino a far approvare leggi che riformino le leggi sul finanziamento ai candidati e alle forze politiche limitando fortemente la possibilità di pochi ricchi finanziatori di avere una troppo forte rappresentatività dei loro interessi nel parlamento degli Stati Uniti.

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Frasi Lawrence Lessig

Pubblicità

„Show me why your regulation of culture is needed. Show me how it does good. And until you can show me both, keep your lawyers away.“

—  Lawrence Lessig
Context: The law should regulate in certain areas of culture — but it should regulate culture only where that regulation does good. Yet lawyers rarely test their power, or the power they promote, against this simple pragmatic question: "Will it do good?" When challenged about the expanding reach of the law, the lawyer answers, "Why not?" We should ask, "Why?" Show me why your regulation of culture is needed. Show me how it does good. And until you can show me both, keep your lawyers away.

„We really need to think quite pragmatically about whether intellectual property is helping or hurting, and if you can't show it's going to help, then there is no reason to issue this government-backed monopoly.“

—  Lawrence Lessig
Context: Our problem is that lawyers have taught us that there is only one kind of economic market for innovation out there and it is this kind of isolated inventor who comes up with an idea and then needs to be protected. That is a good picture of maybe what pharmaceutical industry does. It's a bad picture of what goes on, for example, in the context of software development, in particular. In the context of software development, where you have sequential and complementary developments, patents create an extraordinarily damaging influence on innovation and on the process of developing and bringing new ideas to market. So the particular mistake that lawyers have compounded is the unwillingness to discriminate among different kinds of innovation. We really need to think quite pragmatically about whether intellectual property is helping or hurting, and if you can't show it's going to help, then there is no reason to issue this government-backed monopoly. "Code + Law: An Interview with Lawrence Lessig" at O'Reilly P2P (29 January 2001)(29 January 2001)

Pubblicità

„Eric Eldred was fighting a piracy that affects us all.“

—  Lawrence Lessig
Context: By insisting on the Constitution's limits to copyright, obviously Eldred was not endorsing piracy. Indeed, in an obvious sense, he was fighting a kind of piracy — piracy of the public domain. When Robert Frost wrote his work and when Walt Disney created Mickey Mouse, the maximum copyright term was just fifty-six years. Because of interim changes, Frost and Disney had already enjoyed a seventy-five-year monopoly for their work. They had gotten the benefit of the bargain that the Constitution envisions: In exchange for a monopoly protected for fifty-six years, they created new work. But now these entities were using their power — expressed through the power of lobbyists' money — to get another twenty-year dollop of monopoly. That twenty-year dollop would be taken from the public domain. Eric Eldred was fighting a piracy that affects us all.

„A free culture has been our past, but it will only be our future if we change the path we are on right now.“

—  Lawrence Lessig
Context: A free culture has been our past, but it will only be our future if we change the path we are on right now. Like Stallman's arguments for free software, an argument for free culture stumbles on a confusion that is hard to avoid, and even harder to understand. A free culture is not a culture without property; it is not a culture in which artists don't get paid. A culture without property, or in which creators can't get paid, is anarchy, not freedom. Anarchy is not what I advance here. Instead, the free culture that I defend in this book is a balance between anarchy and control. A free culture, like a free market, is filled with property. It is filled with rules of property and contract that get enforced by the state. But just as a free market is perverted if its property becomes feudal, so too can a free culture be queered by extremism in the property rights that define it. That is what I fear about our culture today. It is against that extremism that this book is written.

„Before the monopoly should be permitted, there must be reason to believe it will do some good — for society, and not just for monopoly holders.“

—  Lawrence Lessig
Context: While control is needed, and perfectly warranted, our bias should be clear up front: Monopolies are not justified by theory; they should be permitted only when justified by facts. If there is no solid basis for extending a certain monopoly protection, then we should not extend that protection. This does not mean that every copyright must prove its value initially. That would be a far too cumbersome system of control. But it does mean that every system or category of copyright or patent should prove its worth. Before the monopoly should be permitted, there must be reason to believe it will do some good — for society, and not just for monopoly holders.

„In an interview two days ago, Watts said, Here's the problem with Washington: "If you are explaining, you are losing."“

—  Lawrence Lessig
Context: J. C. Watts is the only black member of the Republican Party in leadership. He's going to resign from Congress. He's been there seven and a half years. He's had enough. Nobody can believe it. Nobody in Washington can believe it.... In an interview two days ago, Watts said, Here's the problem with Washington: "If you are explaining, you are losing." If you are explaining, you're losing. It's a bumper sticker culture. People have to get it like that, and if they don't, if it takes three seconds to make them understand, you're off their radar screen. Three seconds to understand, or you lose. This is our problem. Six years after this battle began, we're still explaining. We're still explaining and we are losing. They frame this as a massive battle to stop theft, to protect property.... They extend copyrights perpetually. They don't get how that in itself is a form of theft. A theft of our common culture. We have failed in getting them to see what the issues here are and that's why we live in this place where a tradition speaks of freedom and their controls take it away.

Pubblicità

„While the creative works from the 16th century can still be accessed and used by others, the data in some software programs from the 1990s is already inaccessible.“

—  Lawrence Lessig
Context: While the creative works from the 16th century can still be accessed and used by others, the data in some software programs from the 1990s is already inaccessible. Once a company that produces a certain product goes out of business, it has no simple way to uncover how its product encoded data. The code is thus lost, and the software is inaccessible. Knowledge has been destroyed.

„When they get back to the editing room, they realize that on the television, you can barely make out the show for two seconds; it's "The Simpsons," Homer Simpson on the screen. So they call up Matt Groening, who was a friend of the documentary filmmaker, and say, you know, Is this going to be a problem? It's only a couple seconds. Matt says, No, no, no, it's not going to be a problem, call so and so.“

—  Lawrence Lessig
Context: Here's a story: There was a documentary filmmaker who was making a documentary film about education in America. And he's shooting across this classroom with lots of people, kids, who are completely distracted at the television in the back of the classroom. When they get back to the editing room, they realize that on the television, you can barely make out the show for two seconds; it's "The Simpsons," Homer Simpson on the screen. So they call up Matt Groening, who was a friend of the documentary filmmaker, and say, you know, Is this going to be a problem? It's only a couple seconds. Matt says, No, no, no, it's not going to be a problem, call so and so. So they called so and so, and so and so said call so and so. Eventually, the so and so turns out to be the lawyers, so when they got to the lawyers, they said, Is this going to be a problem? It's a documentary film. It's about education. It's a couple seconds. The so and so said 25,000 bucks. 25,000 bucks?! It's a couple seconds! What do you mean 25,000 bucks? The so and so said, I don't give a goddamn what it is for. $25,000 bucks or change your movie. Now you look at this and you say this is insane. It's insane. And if it is only Hollywood that has to deal with this, OK, that's fine. Let them be insane. The problem is their insane rules are now being applied to the whole world. This insanity of control is expanding as everything you do touches copyrights.

„The real harm of term extension comes not from these famous works. The real harm is to the works that are not famous, not commercially exploited, and no longer available as a result.“

—  Lawrence Lessig
Context: It is valuable copyrights that are responsible for terms being extended. Mickey Mouse and "Rhapsody in Blue." These works are too valuable for copyright owners to ignore. But the real harm to our society from copyright extensions is not that Mickey Mouse remains Disney's. Forget Mickey Mouse. Forget Robert Frost. Forget all the works from the 1920s and 1930s that have continuing commercial value. The real harm of term extension comes not from these famous works. The real harm is to the works that are not famous, not commercially exploited, and no longer available as a result.

„I believe it would be right for common sense to revolt against the extreme claims made today on behalf of "intellectual property."“

—  Lawrence Lessig
Context: I believe it would be right for common sense to revolt against the extreme claims made today on behalf of "intellectual property." What the law demands today is increasingly as silly as a sheriff arresting an airplane for trespass. But the consequences of this silliness will be much more profound. Introduction

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