Monthly Archives: October 2002

the spirit of disney

It is wonderful to see that the spirit of my hero, Walt Disney, still lives at that amazing company. See their latest work drawn from the public domain. Creativity the way it was meant to be…. Continue reading

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an environment for software

Dave’s valid call for more and different software to cycle us out of Andy Grove’s “Valley of Death” reminds me of a favorite interview that helped me write my last book. Marc Andreessen described the environment in which innovation flourished in the valley — when the platform for innovation was neutral, and innovators did not fear the power of others to crush their innovation. Power in the software market was Andreessen’s concern. Power in the content market drives much of Markoff’s. But the point in both cases is the same: give the past a veto over the future, and the… Continue reading

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brewster’s brilliance

Herein the difference between a brilliant mind and a lawyer’s mind. While we brought a law suit, Brewster built a bookmobile. A public domain bookmobile, which he drove across the country to show the value of the public domain in a tangible, and unmistakable, way. Richard Korman has written an excellent account of this perfect way to make the Eldred point…. Continue reading

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the right question

Long before I downloaded Mosaic 1.0, my obsession was constitutional law. It still is. If there is one intellectual passion that has lived the longest in my life, it is how a country makes sure its constitution lives. I spent many years studying the emerging democracies in the former soviet republics. I spent many years writing about how our Court can best protect our constitutional values over time. This, it turns out, is an extraordinarily hard question, for which we have no good answer. So as a constitutionalist, I must confess that the greatest part of this debate about Eldred… Continue reading

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taiwan says no

This is an amazing story of activism and political will. Lots to learn from this amazing nation…. Continue reading

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from the front line

So there’s an extraordinary (and extraordinarily interesting) range of reporting about the argument before the Court. As I was on the front line, let me add a bit more. My hope in doing this is to put this in a bit of context, and to highlight at least what we should be looking for. (EV predicts a 6-3 victory, which is significant, because he and I have a bet, and he took the other side.) Aaron reports Brewster’s statement to him that “it was a dance for which I don’t know the steps.” That’s close. I think the better analogy… Continue reading

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keeping focus

Tomorrow the Supreme Court will hear arguments in Eldred v. Ashcroft. In the past weeks, and especially the past week, I’ve received an extraordinary amount of mail, ranging from wishes of good luck, to demands that I “win.” And as well has the press been extraordinary. (Check out Google’s cool new service for a list. Even Declan is reporting the story, if only to report that the Ayn Rand Institute has pronounced me a Marxist (along with Milton Friedman, Ronald Coase, James Buchanan and Phyllis Schlafly I assume.)). When we brought this case 4 years ago, there were many allies… Continue reading

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