-
Archives
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- May 2011
- March 2011
- November 2010
- October 2010
- August 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
- October 2005
- September 2005
- August 2005
- July 2005
- June 2005
- May 2005
- April 2005
- March 2005
- February 2005
- January 2005
- December 2004
- November 2004
- October 2004
- September 2004
- August 2004
- July 2004
- June 2004
- May 2004
- October 2003
- September 2003
- August 2003
- July 2003
- June 2003
- May 2003
- April 2003
- March 2003
- January 2003
- December 2002
- November 2002
- October 2002
- September 2002
- August 2002
-
Meta
Monthly Archives: January 2003
losing
So I’ve got to go get onto a plane to go to my least favorite city (DC). My inbox is filling with kind emails from friends. Also with a few of a different flavor. It’s my nature to identify most closely with those of the different flavor. David Gossett at the law firm of Mayer Brown wrote Declan, “Larry lost Eldred, 7-2.” Yes, no matter what is said, that is how I will always view this case. The constitutional question is not even close. To have failed to get the Court to see it is my failing.
It has often been said that movements gain by losing in the Supreme Court. Some feminists say it would have been better to lose Roe, because that would have built a movement in response. I have often wondered whether it would ever be possible to lose a case and yet smell victory in the defeat. I’m not yet convinced it’s possible. But if there is any good that might come from my loss, let it be the anger and passion that now gets to swell against the unchecked power that the Supreme Court has said Congress has. When the Free Software Foundation, Intel, Phillis Schlafly, Milton Friedman, Ronald Coase, Kenneth Arrow, Brewster Kahle, and hundreds of creators and innovators all stand on one side saying, “this makes no sense,” then it makes no sense. Let that be enough to move people to do something about it. Our courts will not.
I will always be grateful to Eric Eldred, and our other plaintiffs, for putting his faith in this case. I will always regret not being able to meet that faith with the success it deserves.
What the Framers of our constitution did is not enough. We must do more. Continue reading
Posted in eldred.cc
142 Comments
the opinions
There were three opinions. The majority was written by Justice Ginsburg. Justice
Stevens wrote a dissent, as did Justice Breyer. Continue reading
Posted in eldred.cc
Comments Off on the opinions
with deep sadness
The Supreme Court has rejected our challenge to the Sonny Bono Law. Continue reading
Posted in bad law
Comments Off on with deep sadness
research questions II: help!
Thanks to everyone who responded to my request yesterday. My inbox and comment box are now deluged with fantastic ideas, and I’m now way behind in responding. Please don’t stop with the ideas. I’ll catch up in the replies soon. But thank you. I am astonished by the generosity.
Aaron once wondered what he should do with his life. Option 4 was answer email (3069 in his inbox). This is a worthy discipline for anyone, though we need a norm of slack for email. I’d love a script that posted the number of emails in my inbox and the average time to reply just so I don’t inadvertently insult someone who’s used to conversing with Mitch.
More soon, but thanks again for the help. And to pass the time quickly, I recommend Cory‘s book. Continue reading
Cory’s novel (creatively licensed) is out
Cory Doctorow’s brilliant novel, Down and Out in the Magic Kingdom, is out today. Buy it early and often. Cory’s book is also the very first to be offered initially both for sale and under a CreativeCommons license. That means you can also download it for free. As Cory describes it,
“The entire text of my novel is available as a free download in a variety of standards-defined formats. No crappy DRM, no teasers, just the whole damned book.”
But as he (and I) expect, once you start the book, you’ll see you want it in its bound form. So again, you might as well buy it too.
Cory has been defending the rights of creators at EFF for sometime now. With this experiment, he is putting his money where his heart is. I’ve had enormous respect for him for a very long time, but I’m quickly discovering new heights of respect.
Congratulations, Cory, on a great novel, made available to the world freely � and with great CC metadata to boot!
Check out the CC Weblog later today for an interview with Cory about the novel, and his ideas about licensing. Continue reading
Posted in creative commons
3 Comments
still waiting for the iPresident
So I wandered over to Senator Edwards’ website, and was impressed to see an online donation tool. So I tried it out. It told me my card was declined. I tried another card. It too was declined. Both cards are fine, so I figured there must be a problem with the routine. And so I searched the site for an email addres–any email address at all–to tell them something is wrong with the site. Result? None. Click “Contact Us” and you’re given a mailing address in North Carolina and a telephone number.
Oh well. Still waiting for the internet candidate. Continue reading
Posted in politics
5 Comments
research questions: help
I’ve been hiding away in Japan working on a book that’s tentatively titled “Free Culture”–“free” as in the verb. I’d be grateful for any help with two questions that are continued below. Continue reading
Posted in ideas
30 Comments
on the wisdom in norway
In a second, important defeat for the RIAA, and DMCA-defender types, Johansen was acquitted by a Norwegian court. And as the EFF is nicely publicizing, the principles on which this court in Norway decided the case might be familiar to those who remember our own constitutional tradition. As the chief judge said in reading the verdict, “no one could be convicted of breaking into their own property” and “consumers have rights to legally obtained DVD films ‘even if the films are played in a different way than the makers had foreseen.” The freedom to tinker in Norway is real. So too should it be so here. Continue reading
Posted in heroes
3 Comments
Penn: a new hero
This is a great story of a citizen standing up for his rights against petty fascism. Didn’t hurt that he’s an amazing and famous comedian. Don’t try this without being famous. Continue reading
Posted in heroes
3 Comments
something in nothing
Matt wonders what one does with 100 mbs. Great question. In Korea, where, as I was told, copyright laws are “immature,” they are free to stream TV to their computers. That uses chunks of bandwidth, and creates great new competition for video. (If only we (or Canada) could be “immature” again.
But remember Mr. Gates’ thought about how much memory a PC would need: 640k. Give us bandwidth, and we’ll find a way to use it. Continue reading
Posted in ideas
8 Comments