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Lessig - Public Domain Dead in 35 Years

Posted by Zonk on from the rest-in-peace dept.

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.'"

11 of 469 comments (clear)

  1. Going to die? by sqlrob · · Score: 5, Insightful

    Nothing has fallen into the public domain for almost a half century before I was born.

    It's dead Jim.

    1. Re:Going to die? by sqlrob · · Score: 5, Insightful

      There's still the idea that *EVERYTHING* ends up in the public domain. That's what's dying.

      An author can easily purposely put something in the public domain, or use a copyleft that is almost as good. That doesn't solve the original problem.

    2. Re:Going to die? by EzInKy · · Score: 5, Insightful


      Nothing has fallen into the public domain for almost a half century before I was born.


      That is amazing isn't it? Back in the days when it took years to publish and distribute a work artists were given fourteen years of protection. Today, despite near instantaneous communication, they are protected for a hundred years or better. It's no wonder that so many people don't give a damn about sharing copyrighted works.

      --
      Time is what keeps everything from happening all at once.
    3. Re:Going to die? by ultranova · · Score: 5, Insightful

      I never understood that...

      I do like to buy DVD's of movies that I enjoy, and the industry's insistence that they don't release movies in certain regions just gives me one less reason to give them my money.

      There's three reasons I can think for this.

      The first reason is simply that while digital content may cost a lot to produce originally, making copies is basically free. This means that every sale is profitable, no matter how low the cost. This, in turn, means that there is no market where selling the product wouldn't be profitable, no matter how low a price you must set in order to sell it. So, you sell the same product for a high price in rich western countries, and for a low price in poorer countries, maximizing the profits in each particular area. However, this model breaks down if someone buys the product in areas of low price and sells it in areas of high price.

      In other words, companies want the benefits of globalization for themselves but not for their customers.

      The second reason is that companies like to sell the same product several times. First you buy a ticket to see a movie in a theater, then you buy it in a DVD. If theater and DVD versions were available at the same time, they would compete with each other - you might decide to simply rent the DVD and skip the theater completely. Because of this, the DVD version only appears after the movie has disappeared from the theater.

      Now, movies are shown at different times at different countries. This means that a movie that debuted in the US is already released as a DVD there when it is shown in theaters here in Europe. Againt, the companies don't want their customers to get the benefits of globalization, but want them reserved for themselves.

      The third reason is the simple fact that company executives are human beings (as hard as that might be to believe sometimes), and human beings like power; telling others what they can and cannot do gives them kicks, so why not do so ?

      Of course, I'm sure most future players will be hackable/flashable.

      Isn't circumventing access control a crime nowadays in the US ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    4. Re:Going to die? by Microlith · · Score: 5, Insightful

      It's no wonder that so many people don't give a damn about sharing copyrighted works.
      *cough*

      You mistake the freeloader attitude for an understanding and rejection of the issue.

      Most people don't give a damn cause they get it for free, not because of some political opinion.

  2. Fight back! by alexwcovington · · Score: 5, Insightful

    This is why everything I write on Wikipedia is still released into the public domain.

    --
    (It's never too late to join the Renaissance)
  3. I disagree by marcantonio · · Score: 5, Insightful

    In a free society the public domain will never die. It's part of our culture. There will come a point when things get so bad that people will just stop caring about the lawyers and self-righteous extremism. Look at what a joke patents are becoming. If it's get ridiculous enough and enough people care about, it will change.

    Although, things aren't so great right now, and will probably get worse before they get better.

  4. Anti-piracy? by bedroll · · Score: 5, Insightful

    Lessig himself teaches that, since the failing of Eldred, public domain will die due to lobbying and retroactive term extensions. That's not an anti-piracy measure, it's just big companies controlling congress.

  5. Culture of Greed by digitaldc · · Score: 5, Insightful

    This is what happens when the motivating factor is to maximize profits. If someone can make a profit from it, it gets patented and copyrighted.
    What is the incentive for people to give away things when the trend is to become wealthy as quickly as possible?
    People who already are wealthy are the ones with the greatest means and free time to create more wealth...it is a mindset.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  6. Another Prohibition by dpbsmith · · Score: 5, Insightful

    It's very likely that Lessig is right. Meanwhile, personal casual copying will continue--on a reduced level. Average consumers will have DRMed gear.

    Only about one in twenty or one in a hundred will go to the effort of buying the illegally chipped merchandise that will become available in flea markets, on the Internet, and via other black-market channels. This gear will be sold like the pressed-grape-concentrate bricks of the Prohibition era, which came with detailed instructions explaining that it was totally illegal to use them to make wine and giving careful step-by-step directions on what you must not do to stay legal.

    It will create more social unrest, injustice, and disrespect for the law. As with prohibition, and with current marijuana laws, a huge fraction of the population will be felons according to the law. Enforcement will be inconsistent and selective. Most people breaking the law will not be deterred because they will feel that getting caught is unlikely and totally a matter of bad luck.

    My analog cassette player died last year. My old CD player is starting to become unreliable. I'm not sure what the useful life of a solid-state laser is, but I'm beginning to suspect it's less than ten years. The next one I buy will probably have DRM.

    Prohibition eventually ended, the "war on drugs" will eventually end, and the war on the public domain will eventually end. Probably not in my lifetime, though, and not until a lot of damage and misery has occurred.

    --

    "How to Do Nothing," kids activities, back in print!

  7. In 35 years... by Sun+Rider · · Score: 5, Insightful

    You're assuming that in 35 years the western countries will still rule the world.