Slashdot Mirror

An anonymous reader writes: Harvard law professor Lawrence Lessig has announced his intention to explore a bid for the U.S. presidency. By Labor Day, he will decide whether he has the support necessary to enter the Democratic primary. His goals are rather unusual — he says, "I want to run to be a different kind of president. 'Different' not in the traditional political puffery sense of that term. 'Different,' quite literally. I want to run to build a mandate for the fundamental change that our democracy desperately needs. Once that is passed, I would resign, and the elected Vice President would become President."

His top picks for a running mate include Elizabeth Warren and Bernie Sanders. Lessig calls it a "Presidency as referendum," a hack for the U.S. Constitution to give more power back to the citizens. "In no plausible sense do we have a representative democracy in America today." In an interview with the Washington Post, Lessig added, "Until we find a way to fix the rigged system, none of the other things that people talk about doing are going to be possible."

An anonymous reader writes "James Boyle has released his new book, The Public Domain: Enclosing the Commons of the Mind (Yale University Press) under a Creative Commons License. It can be downloaded free or read online. There are chapters on Thomas Jefferson's views of IP, musical borrowing and the birth of soul, free software, and synthetic biology. Lessig is impressed. Doctorow says he is a law prof who writes like a comedian (is this a good thing?), and credits Boyle's first book for getting him involved in online rights."

waderoush writes "While James Gleick, Lawrence Lessig, and other pundits have reacted positively to this week's proposed settlement of the publishing industry's lawsuit against Google over the Google Book Search project, a deeper study of the agreement turns up some worrisome provisions that could make online access to books much more costly and difficult than it needs to be. Harvard University's libraries, for example, declined to endorse the settlement over concerns that it provides no mechanism for keeping the cost of access to books reasonable. And while the parties to the settlement have made much of the clause providing public libraries with free full-text access to Google's database of over 7 million out-of-print books, Xconomy has a post pointing out that this access is restricted to exactly one Google terminal per library. So, you can read books for free — as long as you're the first person to get to your public library's computer room in the morning."

dilute writes "The US Court of Appeals for the Federal Circuit (an authoritative court that normally deals with patent law), has issued a strong ruling (PDF) upholding the Artistic License in a copyright dispute between the developers of the Java Model Railroad Interface (JMRI), and Kamind, a company that used portions of DecoderPro to develop a competing product. The product at issue was DecoderPro, an open source project released on SourceForge under the Artistic License, for interfacing with model railroad control chips. Kamind used a number of DecoderPro files in developing its product, Decoder Commander. However, Kamind did not comply with the Artistic License in a number of respects, including attribution, copyright notices, tracked changes or availability of the underlying standard version." Read on for more, below. Dilute continues: "The lower court denied relief, saying that the Artistic License merely imposed 'contractual' promises, and that a violation did not constitute copyright infringement (any contract-based relief would probably have been meaningless). In a strong ruling, the Federal Circuit found that the Artistic License is legally enforceable, that its terms constituted 'conditions' for reliance on the license, and consequently that a violation of those conditions would put the violating product outside the license and thus make the violator a copyright infringer, potentially liable for an injunction. The case lays out a clear and compelling description of the rationale for open source, and reflects a complete willingness by the court to lend the force of law to these licenses." Reader ruphus13 point to Lawrence Lessig's commentary on the ruling; Lessig calls it "huge and important news," and notes that the reasoning is generalizable to the GPL and other Free software licenses, as well.

micheas writes "Larry Lessig has decided that running for U.S. Congress himself in a special election would be too risky to his Change Congress movement and has decided not to run. 'With lots of mixed feelings, I have decided a run for Congress would not help the Change Congress movement. I explain the thinking in this 5 minute video (a new record for me!). First question: What happens to the contributions to Lessig08? As explained on the ActBlue page, all will go to (the yet to be established) Change Congress organization.'"

GoldenShale wrote a follow up to last week's discussion about Lessig running for congress. He writes "Larry Lessig has created a Lessig08 website, and it looks like he is getting serious about running for congress. In his introduction video he proposes the creation of a national "Change Congress" movement which would try to limit the influence of money in the electoral and legislative processes. Having a technologically savvy representative and a clear intellectual leader to head this kind of movement is exactly what we need to counter the last 8 years of corporate dominance in government."

luge writes "With the unfortunate passing of Congressman Tom Lantos, parts of Silicon Valley and San Francisco will be holding a special election in June to send a replacement to Congress. Given the area, it would be great to have someone who is both tech- and policy-aware fill the seat — and it looks like that just might happen. Lawrence Lessig has apparently bought 'change-congress.com.' A 'Draft Lessig' group is forming on Facebook, featuring some of Lessig's old co-workers at Harvard and Jimmy Wales, among others. No word from Lessig himself yet, but he's been increasingly vocal about politics of late. If it happens, it would be a huge step forward for the representation of technology in Washington."

goombah99 writes "John Edwards, the presidential candidate and lawyer, is standing out from the pack by showing himself to be a bit tech savvy. In 2003 he was a guest host on Lawrence Lessig's Blog, giving his view on the imbalance between property right protection and the good of public access. As of this week he has become the first presidential candidate to support 'open source code' for election systems in addition to voter verified paper records. He's even personally using Twitter. 'Currently, software used in election systems remains the proprietary property of vendors. This situation has created a continual problem when anomalous results have been reported and independent experts are denied the ability to review how the systems work. A growing body of critics oppose this privatization of the voting system.'"

brandonY writes "The founder of Creative Commons, the Stanford lawyer behind the 'Eldred v. Ashcroft' case, and the author of 'Code' has spent the last 10 years working tirelessly on behalf of limited copyright terms, net neutrality, and the public domain. Tuesday, Lawrence Lessig announced on his blog that he has "decided to shift my academic work, and soon, my activism" from fighting the good fight for the public domain to fighting the good fight against corruption and the influence of big money's effects on legislation in general."

Several readers sent in a link to an op-ed in the NYTimes by novelist Mark Halprin, who lays out the argument for what amounts to perpetual copyright. He says that anything less is essentially an unfair public taking of property: "No good case exists for the inequality of real and intellectual property, because no good case can exist for treating with special disfavor the work of the spirit and the mind." This community can surely supply a plethora of arguments for the public domain, words which don't appear in the op-ed. In a similar vein, reader benesch sends us to the BBC for a tale of aging pop performers (virtually) serenading Parliament in favor of extending copyright for recording artists in the UK. Some performers are likely to outlive the current protections, now fixed at a mere 50 years.
Update: 05/20 22:50 GMT by KD : Podcaster writes to let us know that the copyright reform community is crafting a reply over at Lawrence Lessig's wiki.

Presidential hopeful Barack Obama recently submitted a letter to the DNC asking for the Presidential debates to be licensed under the Creative Commons. This move would give everyone the freedom to share, recut, and edit the debates as they wish. "I am a strong believer in the importance of copyright, especially in a digital age. But there is no reason that this particular class of content needs the protection. We have incentive enough to debate. The networks have incentive enough to broadcast those debates. Rather than restricting the product of those debates, we should instead make sure that our democracy and citizens have the chance to benefit from them in all the ways that technology makes possible."

The New York Times has weighed in again on Net Neutrality, this time with a hopeful message of change in the near future due to the shift of power in the House and Senate. The opinion piece takes a look at Ron Wyden in the Senate and Edward Markey in the House who have both promised to lead the charge to pass a net neutrality bill in the coming months. Lessig, on the other hand, has a somewhat more cynical view of the new Congress.

epeus writes "Following from the Gowers coverage and the Musicians' ad in the FT, Larry Lessig admits he was wrong about term extension: 'If you read the list, you'll see that at least some of these artists are apparently dead (e.g. Lonnie Donegan, died 4th November 2002; Freddie Garrity, died 20th May 2006). I take it the ability of these dead authors to sign a petition asking for their copyright terms to be extended can only mean that even after death, term extension continues to inspire. I'm not yet sure how. But I guess I should be a good sport about it, and just confess I was wrong. For if artists can sign petitions after they've died, then why can't they produce new recordings fifty year ago?'"

Random BedHead Ed writes "After years of development, Robert X. Cringely's NerdTV is finally on its way, and will be released September 6th. The program will feature interviews with prominent nerds, such as Bill Joy and Macintosh programmer Andy Hertzfeld. But far from being a normal television show, it will be downloadable. As Cringely explained last week in his column, BitTorrent and the expansion of broadband made this the right time for such a move. The show will be available at pbs.org/nerdtv/, where there is currently an information page. Larry Lessig points out that the show will be distributed under a Creative Commons license - the specific license is not specified, but Cringely and PBS say that noncommercial use and redistribution will be allowed."

lesinator writes "On Monday the 28th the US Library of Congress is holding the eighth lecture in its series on Managing Knowledge and Creativity in a Digital Context. Previous speakers include David Weinberger on blogging, Brewster Kahle - founding member of archive.org and the wayback machine, and Lawrence Lessig on intellectual property and the creative commons. After the lecture questions will be taken from the audience and the internet. C-Span will be broadcasting the lecture live at 6:30 PM EST, and also has archives of previous lectures. Audio archives of previous lecture are available at Audible.com in the Selected Free Media section."

BlakeCaldwell writes "Yahoo has added the ability to search specifically for content with unconventional copyright arrangements. The search tool was produced in order to help promote Creative Commons' efforts to advocate the use of nontraditional copyright arrangements between digital content developers and people interested in licensing those individuals' work. The group said that most of the content available through the Yahoo search can be licensed for free under required attribution or noncommercial usage guidelines." Commentary on Lawrence Lessig's Blog.

Illissius writes "Lawrence Lessig has a new article up on Wired, with the title Our Kids Are in Big Trouble. I suck at summarizing, so here's a choice quote: 'Gone is the sense of duty that made so compelling Kennedy's demand "ask what you can do for your country." We don't even ask what we, as a nation, can do for our kids. The rhetoric of self-interest so deeply pervades politics that an ideal as fundamental as building a better future has been lost.'"

oddlyenough writes "I've been helping to launch IPac, a new political action committee that works on IP policy and technical innovation. We're supporting six candidates in the current election, including a Senate candidate (Brad Carson) who says he's in the "Lessig School" when it comes to IP. You can check them out and donate here. We started this IPac because despite all of the wonderful, important work of groups like EFF, Public Knowledge, et. al, there wasn't a way to funnel the energy they create into the electoral process. You can read some coverage on us here."

An anonymous reader writes "In an almost philosophical essay replete with references to everyone from Larry Lessig and Tim Bray to to Professor Yochai Benkler, Sun Micrososystems evangelist Simon Phipps explores the metaphor of subscription (well, of course it's not just a metaphor any more from Sun's point of view) as the way that companies will make money off of deploying open source solutions. His distinction between OS developer and OS deployer is useful, but the crux is his contention that, with a "system" such as Sun has put together like the JDS, 'You don't buy the software from Sun - instead you subscribe to the editorial outlook.' It's an alluring analogy - Sun as the editor-in-chief of a 'publication' (JDS) with readers who may or may not choose to subscribe. Worth reading."

The Importance of writes "The INDUCE Act, which has been discussed many times previously, will likely be getting a lot more attention thanks to the recent Grokster decision. The Register of Copyrights, who thinks the Betamax decision should be overturned, is supposed to come up with a consensus fix to the current language of the bill by Sept. 7. So, various people are proposing alternative solutions to the INDUCE Act. C|Net reports on one coalition's version [PDF] [HTML]. However, there are also versions by Prof. Tim Wu [PDF] [HTML], IEEE-USA [PDF] [HTML] and Ernie Miller [HTML]." Read more below about the proposed "Don't Induce" act.

Iphtashu Fitz writes "The 'Don't Induce Act' proposes that only someone who distributes a commercial computer program that is 'specifically designed' for wide-scale piracy on digital networks could be held liable for copyright violations. The proposal includes three requirements that must be met before a software distributor can be found liable: The 'predominant' use of the program must be the mass, indiscriminate infringing redistribution of copyrighted works; the 'commercial viability of the computer program' must depend on revenue derived from piracy; and the software distributor must have 'undertaken conscious, recurring, persistent and deliberate acts' to encourage copyright infringement. No surprise that the MPAA and RIAA are opposed to this 'watered down' bill. MPAA vice president Fritz Attaway showed his organizations true colors by stating that the Don't Induce Act was so narrowly drafted it would be impossible to use it to shutter even operators of peer-to-peer networks."

The Importance of writes "Internet multimedia producers JibJab have been getting a lot of attention recently for their version of Woody Guthrie's "This Land is Your Land" that pokes fun at Bush, Kerry and America in general. Now, JibJab is being threatened with a copyright lawsuit by the rights holders. They've already contacted EFF and there is an ongoing debate about whether the flash animation is protected parody or infringing satire."

dankinit writes "The FTC is considering a proposal made popular by Lawrence Lessig which would offer a bounty to people who help catch spammers. The proposal looks to harness the power of volunteers online who might want a piece of the multimillion dollar fines spammers could incur. Spamhaus founder Steve Linford doesn't like the idea though, explaining '...the FTC already has so much information on their identities that to get anymore would be useless.'"

yohaas writes "Two Op-Ed stories today in the NY Times address music sharing. In one Kembrew McLeod says that the lawsuits aren't working and gives some alternate suggestions. In the other Harvard Law professor William Fisher says that the industry is going about the situation in the wrong way, concluding that 'the record industry's response to file sharing--trying to block the technology altogether--would generate the worst of all possible results'. Neither article is comprehensive, but they are good read nonetheless." Reader Brill Pappin points out that Canadians aren't afraid of the music industry. And reader The Importance of Being Earnest writes "The INDUCE Act, which would make it a crime to 'induce' copyright infringement, such as by inventing things like the Betamax, has finally been officially introduced. The bill has been renamed the Inducing Infringement of Copyrights Act [PDF]. In addition to the name change, there has been another slight modication: 'counsel' is no longer part of the proposed statute. Here is a line-by-line refutation of Hatch's introduction [PDF] to the Act. EFF has shown how broad the Act is by writing a mock lawsuit [PDF] suing Apple (for making the iPod), C|Net (for reviewing the iPod), and Toshiba (for supplying hard drives for iPods). Previous Slashdot coverage here."

yohaas writes "Two Op-Ed stories today in the NY Times address music sharing. In one Kembrew McLeod says that the lawsuits aren't working and gives some alternate suggestions. In the other Harvard Law professor William Fisher says that the industry is going about the situation in the wrong way, concluding that 'the record industry's response to file sharing--trying to block the technology altogether--would generate the worst of all possible results'. Neither article is comprehensive, but they are good read nonetheless." Reader Brill Pappin points out that Canadians aren't afraid of the music industry. And reader The Importance of Being Earnest writes "The INDUCE Act, which would make it a crime to 'induce' copyright infringement, such as by inventing things like the Betamax, has finally been officially introduced. The bill has been renamed the Inducing Infringement of Copyrights Act [PDF]. In addition to the name change, there has been another slight modication: 'counsel' is no longer part of the proposed statute. Here is a line-by-line refutation of Hatch's introduction [PDF] to the Act. EFF has shown how broad the Act is by writing a mock lawsuit [PDF] suing Apple (for making the iPod), C|Net (for reviewing the iPod), and Toshiba (for supplying hard drives for iPods). Previous Slashdot coverage here."

The Importance of writes "Larry Lessig is reporting that Microsoft is threatening a defamation lawsuit against Sergio Amadeu, President of the National Institute of Information Technology (ITI) of Brazil, for comments he has made about Microsoft's business practices, "accusing the company of a 'drug-dealer practice' for offering the operational system Windows to some governments and city administration for digital inclusion programs. 'This is a trojan horse, a form of securing critical mass to continue constraining the country'." Additionally, "To Amadeu, this will be a decisive year to win the 'strategy of fear, uncertainty and doubt', as he classifies the business model of Microsoft." Microsoft's complaint claims that this is "an excess in freedom of speech and freedom of thought, by means of the dissemination of information." Read a translation of the complaint [PDF] and the original article, "The Penguin Advances [PDF]." Lessig notes that this may be defamation in Brazil, but would not be considered defamation in the United States."

The Importance of writes "Larry Lessig is reporting that Microsoft is threatening a defamation lawsuit against Sergio Amadeu, President of the National Institute of Information Technology (ITI) of Brazil, for comments he has made about Microsoft's business practices, "accusing the company of a 'drug-dealer practice' for offering the operational system Windows to some governments and city administration for digital inclusion programs. 'This is a trojan horse, a form of securing critical mass to continue constraining the country'." Additionally, "To Amadeu, this will be a decisive year to win the 'strategy of fear, uncertainty and doubt', as he classifies the business model of Microsoft." Microsoft's complaint claims that this is "an excess in freedom of speech and freedom of thought, by means of the dissemination of information." Read a translation of the complaint [PDF] and the original article, "The Penguin Advances [PDF]." Lessig notes that this may be defamation in Brazil, but would not be considered defamation in the United States."

The Importance of writes "Larry Lessig is reporting that Microsoft is threatening a defamation lawsuit against Sergio Amadeu, President of the National Institute of Information Technology (ITI) of Brazil, for comments he has made about Microsoft's business practices, "accusing the company of a 'drug-dealer practice' for offering the operational system Windows to some governments and city administration for digital inclusion programs. 'This is a trojan horse, a form of securing critical mass to continue constraining the country'." Additionally, "To Amadeu, this will be a decisive year to win the 'strategy of fear, uncertainty and doubt', as he classifies the business model of Microsoft." Microsoft's complaint claims that this is "an excess in freedom of speech and freedom of thought, by means of the dissemination of information." Read a translation of the complaint [PDF] and the original article, "The Penguin Advances [PDF]." Lessig notes that this may be defamation in Brazil, but would not be considered defamation in the United States."

The Importance of writes "Larry Lessig is reporting that Microsoft is threatening a defamation lawsuit against Sergio Amadeu, President of the National Institute of Information Technology (ITI) of Brazil, for comments he has made about Microsoft's business practices, "accusing the company of a 'drug-dealer practice' for offering the operational system Windows to some governments and city administration for digital inclusion programs. 'This is a trojan horse, a form of securing critical mass to continue constraining the country'." Additionally, "To Amadeu, this will be a decisive year to win the 'strategy of fear, uncertainty and doubt', as he classifies the business model of Microsoft." Microsoft's complaint claims that this is "an excess in freedom of speech and freedom of thought, by means of the dissemination of information." Read a translation of the complaint [PDF] and the original article, "The Penguin Advances [PDF]." Lessig notes that this may be defamation in Brazil, but would not be considered defamation in the United States."

Robotech_Master writes "People may remember librarian Brewster Kahle as the man behind Archive.org's Wayback Machine and the Internet Bookmobile. He was one of the big supporters of Eldred in the Eldred vs Ashcroft case. Well, he's at it again. A new lawsuit, Kahle vs Ashcroft, has been filed as of March 22nd. Lawrence Lessig comments on this case in his blog." Question number 3 of the FAQ explains that while the Eldred case challenged the length of copyright expansion, this case challenges the breadth.

mm0mm writes "Just hours after we read Darl's open letter on copyrights, Groklaw has another breaking update on SCO up on their website. SCO's Reply Memorandum of Law in Support of its Motion to Compel Discovery is now available. (original document here) The memorandum requests court to order IBM, the defendant, to provide evidence and support their case against ....IBM. :D When I was young, it was the plaintiff who was responsible for preparing enough evidence to present to the court, but in Darl's world, with army of lawyers who will be given 20% of the proceeds from the settlement or of 'a sale of SCO during the pendancy of litigation', apparently rules are different." Lawrence Lessig has a great piece reviewing Darl's nonsensical letter.

Codeine writes "Larry Lessig articulates some infrastructure observations based on work by the IEEE & Cornell AFN Institute regarding 'end-user-as owner' (EUO) advanced fibre networks."

Codeine writes "Larry Lessig articulates some infrastructure observations based on work by the IEEE & Cornell AFN Institute regarding 'end-user-as owner' (EUO) advanced fibre networks."

Jennifer Granick writes "Stanford Law School Center for Internet and Society, headed by Lawrence Lessig and Jennifer Granick, is hosting a day long conference on vulnerability disclosure on November 22, 2003. The point is to get all sorts of people interested in vulnerability disclosure in the same room to discuss the issues and to come up with a clear definition of the problems and the costs and benefits of various solutions. This conference is really a workshop, and security researchers, vendor security teams, and system administrators should all consider attending and participating. For more information: http://cyberlaw.stanford.edu/security/"

panthan writes "The Washington Post has has an article about a proposed meeting of the WIPO concerning open source having been removed from consideration, apparently due to pressure from the US State Department and the USPTO. 'In short order, lobbyists from Microsoft-funded trade groups were pushing officials at the State Department and the U.S. Patent and Trademark Office to squelch the meeting. One lobbyist, Emery Simon with the Business Software Alliance, said his group objected to the suggestion in the proposal that overly broad or restrictive intellectual-property rights might in some cases stunt technological innovation and economic growth.'" Lawrence Lessig has some comments.

RedCard writes "Back in April of 1999, Wired magazine published an issue featuring a black-on-black cover with the title Lights Out. In it, they detailed what could've happened had the Y2K bug not fizzled. There's the cover story detailing the Y2K worries, a guide to the biggest blackouts of all time (before last week, that is), survival stories from New Zealand, and finally a look at the myth of order - how our power system is as chaotic as any complex software system. By the way, whatever happened to those backups put in place for Y2K that were supposed to prevent one grid from taking out a zillion others? Where'd my tax money go? Enjoy!" Dennis Kucinich has also written an informative piece about the energy utility that seems to have been responsible for the recent blackout.

scubacuda writes "Lessig has an editorial in Financial Times regarding the recent court decision in favor Streamcast (which distributes "Morpheus") and Grokster. 'The wisdom of this rule is something innovators in Silicon Valley are increasingly coming to see. When courts intervene to maintain copyright's balance, the inevitable consequence is that innovation is harmed. If every innovator with technologies affecting content must bear the burden of a lawsuit before his innovation can be allowed, there will be many fewer innovations in the distribution and creation of content. That in turn will harm artists and technologists alike. Better to let the innovation happen, and then consider whether the change caused by the innovation is so significant as to require new legislation by the legislature.'"

scubacuda writes "In the Forbes editorial, Fact and Comment , Steve Forbes voices his support for Lessig and the Eldred case: 'Maybe Congress should just be done with it and declare that a copyright is forever....Stanford Law School professor Lawrence Lessig has proposed a sensible compromise..."[I]f Congress is listening to the frustration that the court's decision has created, [paying to maintain copyright extensions] would be a simple and effective way for the First Branch to respond." He's absolutely right.'"

scubacuda writes "BBC News reports that Larry Lessig held a private meeting with government media policy advisers at Number 10 Downing Street to urge them to ensure that laws designed to prevent digital piracy do not trample over the right of fair use. Lessig's views could influence the government's approach to proposals to change the Patent Act to implement the European Union Copyright Directive."

scubacuda writes "Arnold Kling, in his article, Content is Crap, writes, 'While there are many Net-heads who share Dan Gillmor's [and Larry Lessig's] enthusiasm for Creative Commons, I do not. It has little or no significance, because it is based on a strikingly naive 60's-retro ideological view of how content intermediaries function.' He compares artists' works to, well, raw sewage that publishers filter into something that can be later consumed by the public. 'What Creative Commons lets you do as an author is label your stuff before you flush it down the toilet.' Kling points to Bayesian Intermediaries (filters based on flexible keyword weights and 'trained' by user preferences) and weblogs as good ways to filter out the drivel that many content creators produce. (Dan Gilmore and Siva Vaidhayanatha respond, to which Kling responds in his blog."

Gorgonzola writes: "Lawrence Lessig has written an accessible article in Foreign Policy on the threats to freedom on the internet, including the threat the DMCA poses to open and free software. Nothing new to Slashdot regulars, but good to see something appear in an influential magazine like Foreign Policy. An article mentioning the Sklyarov case like this one does, is going to draw a lot more attention from policymakers to the problems the DMCA and other legal troubles are posing to online freedom than your average rant on a board like this, how well reasoned it may be."