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Lessig - Public Domain Dead in 35 Years

tcd004 writes "Lawrence Lessig, in an article on the Foreign Policy site, predicts that the public domain will die a slow death at the hands of anti-piracy efforts. From the article: 'The danger remains invisible to most, hidden by the zeal of a war on piracy. And that is how the public domain may die a quiet death, extinguished by self-righteous extremism, long before many even recognize it is gone.'"

5 of 469 comments (clear)

  1. 35 years by 1u3hr · · Score: 4, Informative

    I RTFA, and nowhere was the term "35 years" used. However, poking around the site I see this article was one of a batch on the themes of thngs happeneng over the last 35 years (since Foreign Policy magazine began), and the next 35. So Lessig didn't choose that figure for any real reason.

  2. Re:Going to die? by afree87 · · Score: 3, Informative

    Here's the end result of the industry's plan-- use software controls to make copyright last forever. DRM is quicker and easier than lobbying Congress for another extension.

  3. Re:Will it be dead? by interiot · · Score: 3, Informative

    Yeah, but once you write your shared idea down, it's automatically copyrighted to you. You have to formally state that the written-down idea is in the public domain if you wish. All your spoken-only words are still in the public domain though.

  4. No recordings go into public domain until 2067! by rjnagle · · Score: 4, Informative

    http://www.pdinfo.com/record.htm
    I quote:
            Records, cassettes, CD's, and other music recordings come under a general category called Sound Recordings or Phonorecords. Before 1972, sound recordings were not protected by copyright law, but by a hodge-podge tangle of state laws. This problem was fixed with the 1972 copyright act and extended by the 1998 twenty year copyright extension. Different copyright experts have offered very different complicated explanations, but all agree that all sound recordings essentially are under copyright protection until the year 2067. So here is the one sentence you need to remember:

            Sound Recording Rule of Thumb:
            There are NO sound recordings in the Public Domain.

            There are, of course, exceptions to everything, and there really are some PD sound recordings. However, the federal and state laws are so tangled and complicated, it is extremely difficult to do confident sound recording PD research. There are several U.S. web sites claiming that sound recordings made in the United States prior to February 15, 1972, are in the public domain, and there are links to U.S. Copyright Office publications stating: "Sound recordings fixed before February 15, 1972, are not eligible for Federal copyright protection." We have had this reviewed independently by several attorneys across the U.S. Each has confidently and independently told us that between federal and state copyright protection, virtually all sound recordings are protected until the year 2067.

    --
    Robert Nagle, Idiotprogrammer, Houston
  5. Re:Communism must die. by Hakubi_Washu · · Score: 5, Informative

    Don't confuse communism and totalitarian systems as those created by Lenin, Stalin & Co. that were called "communism".

    Marx original comunism idea specifically called for industry workers that overthrow their governing regime on their own, not purely agricutural societies forced to change by some so-called intellectuals. Real communism never called for a one-party system, nor a quasi-dictatoric board of directors in it. Instead it relies solely on self-organizational principles and true equality (In the libertarian + social security sense, everyone paid according to his needs).

    Every "communist" system so far has utterly failed to even attempt employing these principles, which lead to oppression (via the "we know better" and "not with us is against us" approaches) and inequality ("Some are more equal than others", because they bear the burden of ruling...). Followed directly by restrictions, that were only necessary, because people didn't decide to become communist in the first place and didn't want to stay communist, because their infrastructure wasn't up to it (the reason Marx wanted industry workers under all circumstances!)

    In short: Communism has not failed, because it has never been tried. Systems hiding under that name have failed though. Wrong names for systems is pretty common though, consider democracy, which means "ruling by the people". Nowhere does this call for parliaments!