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CyberOne September 18, 2006. feedback production process law of cyberspace. LAW of CYBERSPACE. September 18, 2006 Charles Nesson. Law of Real Property (atoms). How is Code Different?. No Law Needed When Copying Code is Slow. Some law needed . Thomas Jefferson. like a candle. - PowerPoint PPT Presentation
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CyberOneSeptember 18, 2006
feedbackproduction processlaw of cyberspace
LAW of CYBERSPACE
September 18, 2006
Charles Nesson
Law of Real Property (atoms)
How is Code Different?
No Law Needed When Copying Code is Slow
Some law needed
Thomas Jeffersonlike a candle like a song
like wikipedia like second life
• "If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.
• “That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property."
Congress has the power … To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors exclusive Right to their respective Writings
and Discoveries;
Congress has the power … To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors exclusive Right to their respective Writings
and Discoveries;
Congress has the power … To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors exclusive Right to their respective Writings
and Discoveries;
Congress has the power … To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors exclusive Right to their respective Writings
and Discoveries;
Congress has the power … To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors exclusive Right to their respective Writings
and Discoveries;
Congress has the power … To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors exclusive Right to their respective Writings
and Discoveries;
For Profit Corporation• aggregation of IP assets• expression in wealth and power• influence on Law
1790 “fourteen years”
maybe x2
to 42(1831)
56(1909)
59(1962)
61(1965)
63(1967)
64(1968)
65(1969)
66(1970)
67(1971)
68(1972)
70(1974)
75(1976)
95(1998)
Mickey Mouse Protection
1960’s-1970’s
• state of trade– competitiveness with Japan, Germany and
East Asia– decline of American smokestack
industries• state of law
– nations largely free to control their own IP environment
– many nations offer little IP protection
Jack ValentiTheft!! Piracy!!!
an idea begins to take shape
President Reagan vows commitment to maintaining American technological superiority.
Caribbean Basin Economic Recovery Act
1983
Watch List1988
TRIPS 1994
UNIVAC
UNIVAC tube stacks
networks develop
world wide web
Tim Berners-Lee creates HTML - 1991
John Perry Barlow
Shawn Fanning
The Napster
iMeshGnutellaGrokster
KazaaeDonkeyWinMX
LimewireBlubster
Thomas Jeffersonlike a candle like a song
like wikipedia like second life
Open CodeCode as Knowledge
Code as LAW
Bit Torrent
public domaincommonwealth
in balance with
proprietary domaincorporate
wealth
charles fried• It is the rock-bottom,
indigestible fact of each person’s lonely individuality, his ultimate responsibility for his own beliefs, judgments and choices that grounds our demand that we be free.
tao teh ching
To lead men and serve heaven, weigh the worthOf the one source:Use the single forceWhich doubles the strength of the strongBy enabling man to go right, disabling him to go wrong,Be so charged with the nature of life that you give your people birth,That you mother your land, are the fitAnd ever-iving root of it:The seeing.root, whose eye is infinite.