Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity [Anglais] [Relié]

From Stanford law professor Lessig (Code; The Future of Ideas) comes this expertly argued, alarming and surprisingly entertaining look at the current copyright wars. Copyright law in the digital age has become a hot topic, thanks to millions of music downloaders and the controversial, high-profile legal efforts of the music industry to stop them. Here Lessig argues that copyright as designed by the Framers has become dangerously unbalanced, favoring the interests of corporate giants over the interests of citizens and would-be innovators. In clear, well-paced prose, Lessig illustrates how corporations attempt to stifle innovations, from FM radio and the instant camera to peer-to-peer technology. He debunks the myth that draconian new copyright enforcement is needed to combat the entertainment industry's expanded definition of piracy, and chillingly assesses the direct and collateral damage of the copyright war. Information technology student Jesse Jordan, for example, was forced to hand over his life savings to settle a lawsuit brought by the music industry—for merely fixing a glitch in an Internet search engine. Lessig also offers a very personal look into his failed Supreme Court bid to overturn the Copyright Term Extension Act, a law that added 20 years to copyright protections largely to protect Mickey Mouse from the public domain. In addition to offering a brilliant argument, Lessig also suggests a few solutions, including the Creative Commons licensing venture (an online licensing venture that streamlines the rights process for creators), as well as legislative solutions. This is an important book. "Free Cultures are cultures that leave a great deal open for others to build upon," he writes. "Ours was a free culture. It is becoming less so."
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Lessig looks at the disturbing legal and commercial trends that threaten to curb the incredible creative potential of the Internet. All innovations are derived from a certain amount of "piracy" of preceding innovations, Lessig argues, and he presents a catalog of technological breakthroughs in film, music, and television as illustrations. Drawing on distinctions between piracy that benefits a single user and harms the owner and piracy that is useful in advancing new content or new ways of doing business, Lessig strongly argues for a balance between the interests of the owner and broader society so that we can continue a "free culture" that encourages innovation rather than a "permission culture" that does not. He reviews an array of legal actions, including the restrictions on peer-to-peer sharing made famous by Napster, and the threat they represent to the kind of openness the law has traditionally allowed and from which the marketplace has benefited. This is a highly accessible and enlightening look at the intersection of commerce, the law, and cyberspace. Vanessa Bush
Copyright © American Library Association. All rights reserved

...an accessible and compelling case for the need for balance...

A landmark manifesto about the genuine closing of the American mind.

Lawrence Lessig could be called a cultural environmentalist. One of America's most original and influential public intellectuals, his focus is the social dimension of creativity: how creative work builds on the past and how society encourages or inhibits that building with laws and technologies. In his two previous books, Code and The Future of Ideas, Lessig concentrated on the destruction of much of the original promise of the Internet. Now, in Free Culture, he widens his focus to consider the diminishment of the larger public domain of ideas. In this powerful wake-up call he shows how short-sighted interests blind to the long-term damage they're inflicting are poisoning the ecosystem that fosters innovation.

All creative works-books, movies, records, software, and so on-are a compromise between what can be imagined and what is possible-technologically and legally. For more than two hundred years, laws in America have sought a balance between rewarding creativity and allowing the borrowing from which new creativity springs. The original term of copyright set by the Constitution in 1787 was seventeen years. Now it is closer to two hundred. Thomas Jefferson considered protecting the public against overly long monopolies on creative works an essential government role. What did he know that we've forgotten?

Lawrence Lessig shows us that while new technologies always lead to new laws, never before have the big cultural monopolists used the fear created by new technologies, specifically the Internet, to shrink the public domain of ideas, even as the same corporations use the same technologies to control more and more what we can and can't do with culture. As more and more culture becomes digitized, more and more becomes controllable, even as laws are being toughened at the behest of the big media groups. What's at stake is our freedom-freedom to create, freedom to build, and ultimately, freedom to imagine.

Lawrence Lessig is a professor at Stanford Law School and the founder of the Stanford Center for Internet and Society. The author of The Future of Ideas and Code and Other Laws of Cyberspace, he is the chair of the Creative Commons project. A graduate of the University of Pennsylvania, Cambridge University, and Yale Law School, he has clerked for Judge Richard Posner of the U.S. 7th Circuit Court of Appeals and Judge Antonin Scalia of the U.S. Supreme Court.