Helprin on perpetual copyright: write the reply?

So I’ve gotten (literally) scores of emails about this piece by Mark Helprin promoting perpetual copyright terms. “Write a reply!” is the demand. But why don’t you write the reply instead. Here’s a page on wiki.lessig.org. Please write an argument that puts this argument in its proper place.

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Free Culture, Harvard

Next week, Harvard will hold this year’s Free Culture National Conference. Go, join, multiply!

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Free Debates: Congressman Livingston (Rep) (Ret) joins the call

This letter was sent to the RNC today:

May 16, 2007

Honorable Mel Martinez
Chairman
Republican National Committee
310 First Street, SE
Washington, DC 20003

Dear Chairman Martinez:

I have watched with interest the growing effort to urge the Republican and Democratic National Committees to open the debate process by making the footage from the Presidential debates available to the public – by permitting anyone to reuse the footage in whole or in part with attribution or by placing the footage in the public domain.

The process of selecting our representative government is perhaps the most important function we, as Americans, carry out in our democracy. It is imperative that the process to do so is as public, and as transparent as possible.

Following on the heels of this week’s Republican Debate in South Carolina, I am writing to urge you to give new consideration to the bi-partisan request you have received requesting access to the debates. I believe this effort is important to our democracy, and I am reaching across the partisan divide to join Senators Obama and Dodd, and former Senator Edwards in asking the parties to assist in opening the process to the people.

I was encouraged that CNN recently announced it would make the footage from its debates available immediately following the conclusion of the debate.

Due to the historical nature of presidential debates and the significance of these forums to the American public, CNN believes strongly that the debates should be accessible to the public. The candidates need to be held accountable for what they say throughout the election process.

The presidential debates are an integral part of our system of government, in which the American people have the opportunity to make informed choices about who will serve them. Therefore, CNN debate coverage will be made available without restrictions at the conclusion of each live debate. We believe this is good for the country and good for the electoral process.

I could not agree with this more. I hope that other networks will follow suit and give these debates life beyond the moment. It is unfortunate that activists currently fear running afoul of copyright laws and may hesitate before using footage from these debates to advocate on behalf of their candidate.

These debates are a part of our political discourse. While the networks do the nation a great service by hosting and broadcasting them, the issues and ideas are bigger than the networks that carry them, and deserve a life beyond their air date.

Recently, I began working with the Capitol Hill Broadcasting Network (www.chbn.com) in an effort to bring attention and transparency to our government. CHBN provides a platform, similar to YouTube, for elected officials, candidates, public policy advocates, and others to engage in discussion and debate of the important issues facing our nation. CHBN is dedicated to making our government accessible to the people, and as CNN suggested, holding our government accountable to the people.

I ask that you do the same. I urge you to put the weight of the Republican National Committee behind the effort to free the debates. Urge the networks carrying Republican debates, and the candidates seeking the highest office in the land, to make the footage available to the people.

Thanks for your consideration of this matter and your stewardship of our party.

Sincerely,

Robert L. Livingston
Member of Congress (Retired)

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Free Debates: MSNBC

MSNBC wrote to me to say that the policy I quoted them as having respecting the Presidential Debates is not, in fact, their policy. We’re having a constructive conversation about what the policy should be. Meanwhile, here’s their statement to me.

As the producers of two Presidential Candidates’ debates so far this year, NBC NEWS, MSNBC and MSNBC.com believe strongly in our public interest obligations and the importance of a robust political dialogue on the internet.

The MSNBC / Politico.com GOP Debate and the MSNBC Democratic Candidates debate were both aired commercial free on MSNBC cable. In addition, the debates were streamed live in their entirety at our free website MSNBC.com, where both debates continue to be available through election day 2008 for streaming, in their entirety as well as in segments. The GOP debate also streamed live at Politico.com. Other news organizations as well as news and information websites are free to use substantial portions of both debates on their television, radio, and internet platforms. (Specific usage information has been released separately by NBC media relations.)

In the weeks ahead and until Election Day 2008, we will continue to make our coverage widely available on many platforms, and we welcome the ongoing conversation on ways to bring these important events to an even broader audience of Americans.

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iCommons Summit 07 — help us more!

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Thanks to the many (and I know, because I get to write the thank you notes) who responded to my request to help us increase the scholarship funding for the iCommons Summit. We are in the last days (Monday we need to decide who we can fund and who not) and we need $16,000 more from the public campaign. Please do what you can. Or maybe, a bit more than you can. We’re trying to bring as many as possible. Not many in this movement can afford a trip to Croatia without support. We want to help as many as possible.

A couple clicks and you could help us bring a couple more.

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Another fantastic victory by the Center for Internet and Society

Brian Transeau, aka BT, is a well known electronic, or “trance musician,” as Wikipedia puts it. More than a year ago, his lawyer contacted me about a lawsuit that BT was defendant in. BT was alleged to have “copied” a 9 second drum track in a recording that was used in an advertisement. BT had not copied anything. Moreover, the drum beat was totally generic, and not, BT argued, subject to copyright protection at all.

We don’t usually get involved in cases involving famous artists. But after more than a year in litigation, this (totally bogus) case had become too much. We therefore took the case to defend this creator’s right to create, rather than see him forced to cave to these groundless claims by a litigation happy plaintiff (he had done this to others before). Musicians, especially using electronic technology, need to be free to create without basic sound patterns being used as tools of litigation extortion.

Yesterday, the district court finally dismissed the case. After an extensive period of discovery, and expert testimony, the Court found that plaintiff had no credible evidence that BT copied the 9 second drum beat.

BT: “[The plaintiff] attacked my integrity as an artist. It’s very satisfying to be vindicated by the Court, and reassuring to know there are organizations and lawyers out there who are willing to donate their time to help artists protect themselves and their work.”

You can read the opinion here.

Thanks to the lawyers at CIS who made this happen, and also to the fantastic lawyers at Kirkland and Ellis who were also volunteers in this case.

Posted in Stanford CIS | 7 Comments

Way 2 Cool 4 Me — Free Culture South Africa

When we launched CC Brazil, Glenn Brown and I christened a term that I’ve had to invoke way too much — W2C4M — Way too cool for me. The launch of Free Culture South Africa was W2C4M^2.

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Free Debates: A defining moment

So last week, good news. This week, importantly defining news. The USA Today OnPolitics blog has announced that Fox has decided not to make its debates with the Republicans free.

This is now a defining moment. The RNC has not yet responded to either the call to free the debates, nor even the request to talk. And while three Dems have joined the call, the DNC and Hilary Clinton are also, so far, AWOL in this debate.

It is time to for these leaders to say something, one way or the other. Some of the best bloggers I’ve read are Republican. Does the RNC support them? And it has taken way too long for Senator Clinton to focus on this issue. Why?

Inquiring minds want to know. And more should ask that these questions get answered.

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Free Debates: CNN HAS ANNOUNCED IT WILL FREE THE DEBATES

Ok, so I’ve never had an all caps title, but this is fantastic news: From CNN:

Media Advisory
For Release: May 5, 2007
CNN to Make Presidential Debate Footage Available without Restrictions

As previously announced, CNN will team up with Hearst-Argyle’s WMUR-TV and the New Hampshire Union Leader to host two presidential debates to be held in America’s first primary state. The debate featuring Democratic candidates will be held on Sunday, June 3, from 7 p.m. to 9 p.m. and the Republican debate will be held on Tuesday, June 5, from 7 p.m. to 9 p.m. Due to the historical nature of presidential debates and the significance of these forums to the American public, CNN believes strongly that the debates should be accessible to the public. The candidates need to be held accountable for what they say throughout the election process. The presidential debates are an integral part of our system of government, in which the American people have the opportunity to make informed choices about who will serve them. Therefore, CNN debate coverage will be made available without restrictions at the conclusion of each live debate. We believe this is good for the country and good for the electoral process. This decision will apply to all of CNN’s presidential debates, beginning with the upcoming New Hampshire debates in June. CNN Worldwide, a division of Turner Broadcasting System, Inc., a Time Warner Company, is one of the world’s most respected and trusted sources for news and information. Its reach extends to nine cable and satellite television networks; one private place-based network; two radio networks; wireless devices around the world; four Web sites, including CNN.com, the first major news and information Web site; CNN Pipeline, CNN.com’s premium live video news service; CNN Newsource, the world’s most extensively syndicated news service; and partnerships for four television networks and two Web sites.

Bravo, CNN! This is exactly the sort of leadership one hopes to see from that network. This is fantastic news for citizen generated content.

(And, by the way, June 3 is my birthday. What a great present!)

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Free Debates: Senator Dodd, too

Senator Dodd wrote a very strong (and substantively smart) letter to the DNC calling for free debates. This is great news. Now just a few more and the policy of the Dems will be clear. See the press release here.

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