Lawrence Lessig citations

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Lawrence Lessig

Date de naissance: 3. juin 1961

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Lawrence Lessig, né le 3 juin 1961 à Rapid City , est un juriste américain de notoriété internationale. En 2010, il est professeur de droit au Harvard Law School où il a fondé le Center for Internet and Society.

Spécialiste de droit constitutionnel et de droit de la propriété intellectuelle, il est un défenseur réputé de la liberté sur Internet et s’oppose à une interprétation extensive du droit d'auteur qui porte atteinte au potentiel de création et aux échanges en ligne. Il est l'une des voix les plus écoutées dans les débats sur les limites du droit d’auteur et sur le développement mondial de l'Internet. Il est fondateur et président du conseil d'administration de l'organisation Creative Commons.

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Citations Lawrence Lessig

„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.“

— 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.

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„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.“

— 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.

„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.“

— 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.

„I received an email from JSTOR four days before Aaron died, from the president of JSTOR, announcing, celebrating that JSTOR was going to release all of these journal articles to anybody around the world who wanted access — exactly what Aaron was fighting for.“

— Lawrence Lessig
Context: I received an email from JSTOR four days before Aaron died, from the president of JSTOR, announcing, celebrating that JSTOR was going to release all of these journal articles to anybody around the world who wanted access — exactly what Aaron was fighting for. And I didn’t have time to send it to Aaron; I was on — I was traveling. But I looked forward to seeing him again — I had just seen him the week before — and celebrating that this is what had happened. So, all of us think there are a thousand things we could have done, a thousand things we could have done, and we have to do, because Aaron Swartz is now an icon, an ideal. He is what we will be fighting for, all of us, for the rest of our lives. … Every time you saw Aaron, he was surrounded by five or 10 different people who loved and respected and worked with him. He was depressed because he was increasingly recognizing that the idealism he brought to this fight maybe wasn’t enough. When he saw all of his wealth gone, and he recognized his parents were going to have to mortgage their house so he could afford a lawyer to fight a government that treated him as if he were a 9/11 terrorist, as if what he was doing was threatening the infrastructure of the United States, when he saw that and he recognized how — how incredibly difficult that fight was going to be, of course he was depressed. Now, you know, I’m not a psychiatrist. I don’t know whether there was something wrong with him because of — you know, beyond the rational reason he had to be depressed, but I don’t — I don’t — I don’t have patience for people who want to say, "Oh, this was just a crazy person; this was just a person with a psychological problem who killed himself." No. This was somebody — this was somebody who was pushed to the edge by what I think of as a kind of bullying by our government. A bullying by our government. Statement after the suicide of Aaron Swartz, in "An Incredible Soul": Larry Lessig Remembers Aaron Swartz After Cyberactivist’s Suicide Before Trial; Parents Blame Prosecutor" at Democracy NOW! (14 January 2013) http://www.democracynow.org/2013/1/14/an_incredible_soul_lawrence_lessig_remembers

„It's insane. It's extreme. It's controlled by political interests. It has no justification in the traditional values that justify legal regulation. And we've done nothing about it.“

— Lawrence Lessig
Context: It's insane. It's extreme. It's controlled by political interests. It has no justification in the traditional values that justify legal regulation. And we've done nothing about it. We're bigger than they are. We've got rights on our side. And we've done nothing about it. We let them control this debate. Here's the refrain that leads to this: They win because we've done nothing to stop it.

„So, all of us think there are a thousand things we could have done, a thousand things we could have done, and we have to do, because Aaron Swartz is now an icon, an ideal. He is what we will be fighting for, all of us, for the rest of our lives. … Every time you saw Aaron, he was surrounded by five or 10 different people who loved and respected and worked with him. He was depressed because he was increasingly recognizing that the idealism he brought to this fight maybe wasn’t enough.“

— Lawrence Lessig
Context: I received an email from JSTOR four days before Aaron died, from the president of JSTOR, announcing, celebrating that JSTOR was going to release all of these journal articles to anybody around the world who wanted access — exactly what Aaron was fighting for. And I didn’t have time to send it to Aaron; I was on — I was traveling. But I looked forward to seeing him again — I had just seen him the week before — and celebrating that this is what had happened. So, all of us think there are a thousand things we could have done, a thousand things we could have done, and we have to do, because Aaron Swartz is now an icon, an ideal. He is what we will be fighting for, all of us, for the rest of our lives. … Every time you saw Aaron, he was surrounded by five or 10 different people who loved and respected and worked with him. He was depressed because he was increasingly recognizing that the idealism he brought to this fight maybe wasn’t enough. When he saw all of his wealth gone, and he recognized his parents were going to have to mortgage their house so he could afford a lawyer to fight a government that treated him as if he were a 9/11 terrorist, as if what he was doing was threatening the infrastructure of the United States, when he saw that and he recognized how — how incredibly difficult that fight was going to be, of course he was depressed. Now, you know, I’m not a psychiatrist. I don’t know whether there was something wrong with him because of — you know, beyond the rational reason he had to be depressed, but I don’t — I don’t — I don’t have patience for people who want to say, "Oh, this was just a crazy person; this was just a person with a psychological problem who killed himself." No. This was somebody — this was somebody who was pushed to the edge by what I think of as a kind of bullying by our government. A bullying by our government. Statement after the suicide of Aaron Swartz, in "An Incredible Soul": Larry Lessig Remembers Aaron Swartz After Cyberactivist’s Suicide Before Trial; Parents Blame Prosecutor" at Democracy NOW! (14 January 2013) http://www.democracynow.org/2013/1/14/an_incredible_soul_lawrence_lessig_remembers

„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.“

— 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.

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„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)

„When it has become silly to suppose that the role of our government should be to "seek balance," then count me with the silly, for that means that this has become quite serious indeed.“

— Lawrence Lessig
Context: When it has become silly to suppose that the role of our government should be to "seek balance," then count me with the silly, for that means that this has become quite serious indeed. If it should be obvious to everyone that the government does not seek balance, that the government is simply the tool of the most powerful lobbyists, that the idea of holding the government to a different standard is absurd, that the idea of demanding of the government that it speak truth and not lies is just naïve, then who have we, the most powerful democracy in the world, become?

„I will say the word: To hell with the fair uses. What about the unregulated uses we had of culture before this massive expansion of control?“

— Lawrence Lessig
Context: Here's a simple copyright lesson: Law regulates copies. What's that mean? Well, before the Internet, think of this as a world of all possible uses of a copyrighted work. Most of them are unregulated. Talking about fair use, this is not fair use; this is unregulated use. To read is not a fair use; it's an unregulated use. To give it to someone is not a fair use; it's unregulated. To sell it, to sleep on top of it, to do any of these things with this text is unregulated. Now, in the center of this unregulated use, there is a small bit of stuff regulated by the copyright law; for example, publishing the book — that's regulated. And then within this small range of things regulated by copyright law, there's this tiny band before the Internet of stuff we call fair use: Uses that otherwise would be regulated but that the law says you can engage in without the permission of anybody else. For example, quoting a text in another text — that's a copy, but it's a still fair use. That means the world was divided into three camps, not two: Unregulated uses, regulated uses that were fair use, and the quintessential copyright world. Three categories. Enter the Internet. Every act is a copy, which means all of these unregulated uses disappear. Presumptively, everything you do on your machine on the network is a regulated use. And now it forces us into this tiny little category of arguing about, "What about the fair uses? What about the fair uses?" I will say the word: To hell with the fair uses. What about the unregulated uses we had of culture before this massive expansion of control?

„All around us are the consequences of the most significant technological, and hence cultural, revolution in generations.“

— Lawrence Lessig
Context: All around us are the consequences of the most significant technological, and hence cultural, revolution in generations. This revolution has produced the most powerful and diverse spur to innovation of any in modern times. Yet a set of ideas about a central aspect of this prosperity — "property" — confuses us. This confusion is leading us to change the environment in ways that will change the prosperity. Believing we know what makes prosperity work, ignoring the nature of the actual prosperity all around, we change the rules within which the Internet revolution lives. These changes will end the revolution.

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„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.

„They win because we've done nothing to stop it.“

— Lawrence Lessig
Context: It's insane. It's extreme. It's controlled by political interests. It has no justification in the traditional values that justify legal regulation. And we've done nothing about it. We're bigger than they are. We've got rights on our side. And we've done nothing about it. We let them control this debate. Here's the refrain that leads to this: They win because we've done nothing to stop it.

„In 1774, free culture was born. In a case called Donaldson v. Beckett in the House of Lords in England, free culture was made because copyright was stopped.“

— Lawrence Lessig
Context: In 1774, free culture was born. In a case called Donaldson v. Beckett in the House of Lords in England, free culture was made because copyright was stopped. In 1710, the statute had said that copyright should be for a limited term of just 14 years. But in the 1740s, when Scottish publishers started reprinting classics — you gotta' love the Scots — the London publishers said "Stop!" They said, "Copyright is forever!"... These publishers demanded a common-law copyright that would be forever. In 1769, in a case called Miller v. Taylor, they won their claim, but just five years later, in Donaldson, Miller was reversed, and for the first time in history, the works of Shakespeare were freed, freed from the control of a monopoly of publishers. Freed culture was the result of that case.

„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.

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