Comments on: Reclaiming Freedom https://archives.lessig.org/?p=2312 2002-2015 Thu, 09 Sep 2004 19:47:50 +0000 hourly 1 https://wordpress.org/?v=5.7.2 By: msgmates https://archives.lessig.org/?p=2312#comment-3568 Thu, 09 Sep 2004 19:47:50 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3568 msgMates.com is a fun and exciting way of keeping in touch with your current friends, and making new friends from all over the world.

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By: Try again https://archives.lessig.org/?p=2312#comment-3567 Wed, 20 Aug 2003 13:36:42 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3567 “Yes, we did produce a near-perfect republic. But will they keep it? Or will they, in the enjoyment of plenty, lose the memory of freedom?”
– Thomas Jefferson in a letter to John Adams

Well, they lost it. If Jefferson were around today, he’d be living in Montreal and pretending not to speak English.
Certainly there he could sit in cafes and deep-kiss Sally Hemings and no one would care. Even his funky knee socks would fit in.
Also he’d like Canadian constitutional review, Quebec isolationist pacifism, publicly owned universities, and tolerance written into the Constitution.
He’d want nothing to do with that thing flying that ugly 50-starred imperialist flag – and he’d dodge the draft if he came back during the 1960s.

Time to break up the state, pick new regional capitals, and try again.

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By: ryan https://archives.lessig.org/?p=2312#comment-3566 Mon, 18 Aug 2003 04:02:20 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3566 A comment was made earlier “Who is right, Lars or Janis?” or something to that effect.

I believe both.

I tend to agree that just because you can trade a file doesn’t mean you should or should be allowed to.

No one advocates photocopying novels and handing them out on street corners.

On the otherhand, any artist would be insane NOT to freely distribute their music online.

The indirect benefits of a potential listenership 100s of thousands of people larger than traditionally possible, far outweighs any direct costs in lost CD sale.

The only thing that worries me about file trading is the shift aways from albums to singles.

For me the album is the work of art and should be experienced as a whole. Each song, obviously i a work in it’s own right and can be enjoyed as such. But, just like a series of painting when experienced together the works take on another level of enriched meaning and insight.

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By: Pete https://archives.lessig.org/?p=2312#comment-3565 Sun, 17 Aug 2003 21:52:50 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3565 Richard,

Thanks for responding. It’s kind of unfortunate that you chose to call me silly and use a straw man argument about stealing music instead of responding meaningfully to my question. I wasn’t questioning Gandhi as an example of leadership, but I did wonder about the logic of naming him given your positions on IP.

Gandhi certainly regarded theft as inappropriate, but his feelings on property were fairly radical and probably don’t match well with your own. He would have taken issue with any model for intellectual property favoring the interests of one group over those of the broader community. I have no doubt that he would have advocated boycotts and other actions to help a given industry understand that its policies are counter productive, including the illegal use of materials that would better serve the community’s interests if they were brought into the commons. A couple clear examples of this would be the salt march and the drive to use home spun cloth. This is where I see a significant disconnect between your positions… hence my confusion at your decision to include him in your post.

I doubt you’ll even see this post, but if you do I’d be interested to read a bit about your take on him as a leader within the context of his feelings on property. Feel free to drop me a line directly if you like – pwelsch at indiana dot edu.

Be well,

Pete

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By: Eric Brunner-Williams https://archives.lessig.org/?p=2312#comment-3564 Sun, 17 Aug 2003 12:28:28 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3564 Four substantive entries. Dennis Kucinich’s five days before the mast came off better than Howard Dean’s. I’ve read every comment (several times) during both weeks. The one comment that really stands out for me was made by a Kucinich Campaign volunteer, who wrote about mimicry and learning.

There were just under 300 comments, far too many of which were mine, like this one. I’m off on holiday now.

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By: Richard Bennett https://archives.lessig.org/?p=2312#comment-3563 Sun, 17 Aug 2003 00:47:12 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3563 Pete, you’re a silly boy. Granted, Gandhi never actually lead a country, just a movement, he’s still someone that we can respect as a leader. And I have no information that would support your theory that he would support theft of music or that he would be opposed to stateful network layer protocols.

I once knew some people who worked with Gandhi in the Swaraj movement, and they said he was a pretty swell all-around guy, with a bit of a temper where his wife was concerned, but generally OK. I have no reason to doubt them.

One example of the little guy’s leadership was his putting the Swaraj movement on hold during WW II, when several others wanted to take advantage of Britain’s preoccupation with a man holding Buchanan/Kucinich positions on trade and Israel to accelerate the independence struggle. He was a stand-up guy on that issue, and on many others as well.

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By: Eric Brunner-Williams https://archives.lessig.org/?p=2312#comment-3562 Sat, 16 Aug 2003 20:51:27 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3562 Nat,
When the Research Institute of the Open Software Foundation folded up, I wrote to Hillary Orman, then a DARPA muckety-muck (since civilized to Novell) and asked for the unenumbered source to the MK++ (Mach redone, in C++, with non-trivial software architetectural clue) micro-kernel. In weeks I’d a spiffy little eXabyte tape. Four years later, there still isn’t a public funding for the dozen or so operating systems programmers that are needed to sustain a project. Availability simply isn’t sufficient, there has to be the means to do something with what is “available”. Next, there are existing public data that is politically and/or economically encumbere. Data that could, repeat, could, tend to prove that mercury in vaccines, or heavy metals in the environment, or … that exists within the CDC is actually not available for the asking. Dan Burton has been asking for this data for some time now, in fact, the EPA’s data on childhood health and the environment was held by Elli Lily’s former VP for strategic cleaverness, Mr. Mitch Daniels, Director, OMB. My point is the real is more important than the possible. There are Republicans asking for actual data that has tremendous downside risk for the vaccine adulterant industry, Lilly in particular, and tremendous scientific value for understanding the causes of autism, now more prevalent than diabeties, and DK is campaigning for what is prospective. Finally, throughout Indian Country, the HGP is viewed with concern, bio-piracy is a real problem, and “freeing everything” will be simply bio-piracy on a grander scale.

Baldrick’s clever plans always sound good at first hearing, that one of the chamring things about the Black Adder sketch.

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By: Nathaniel Graham https://archives.lessig.org/?p=2312#comment-3561 Sat, 16 Aug 2003 20:20:27 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3561 This may have already come up, but I wanted to point out that Dennis had an excellent piece in the Nation magazine a couple of months ago entitled, “The Case for Public Patents.” His proposes legislation would make research data and findings coming out of government funded labs publicly available on a central website, just like the Human Genome project. In case anyone is interested, here’s the link: http://www.thenation.com/doc.mhtml?i=20030707&s=kucinich

One more reason to vote for Kucinich!

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By: Rob https://archives.lessig.org/?p=2312#comment-3560 Sat, 16 Aug 2003 15:14:57 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3560 Fuzzy, I ran across a great link today to the part of the statute describing what a “public performance” was:

TITLE 17 > CHAPTER 1 > Sec. 101.

Here is the relevant definition (quote):

To perform or display a work ”publicly” means –

(1)

to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

(2)

to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

End quote. I think a private party would be covered by (1), unless you invited your whole neighborhood (like a block party). But it seems to me that P2P filesharing constitutes “public performance” under (2). I don’t dispute your opinion that it should not be illegal; you’re entitled to that. Just under the law as it stands, it looks illegal for copyrighted works.

One of the (many) things that is frightening to me is the entertainment industries’ efforts to bully hardware manufacturers into “helping” us stay within the law by putting access-control components into the various media players we buy. DVD region-encoding was only the first effort. I can easily imagine a day when you have to enter keys into your CD player to “unlock” your CD so you can play it, or where your Windows Media Player will not play an mp3 file unless you downloaded it from an approved source that attached the proper key to allow it to play. This can go really really far all in the name of “protecting copyright.”

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By: Pete https://archives.lessig.org/?p=2312#comment-3559 Sat, 16 Aug 2003 14:24:02 +0000 http://lessig.org/blog/2003/08/reclaiming_freedom.html#comment-3559 Richard,

I found the inclusion of Gandhi in your list of great leaders interesting. I’d agree that he was a great leader, far greater than any of the other men you listed… but it’s worth pointing out that he would have stood in direct opposition to the vast majority of principles that you’ve articulated in this forum. Why did you include him?

Pete

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