Chapter Fourteen: Eldred
Lessig's said(I received an avalanche of e-mail and letters expressing support. When you focus the issue on lost creativity, people can see the copyright system makes no sense. As a good Republican might say, here government regulation is simply getting in the way of innovation and creativity. And as a good Democrat might say, here the government is blocking access and the spread of knowledge for no good reason. Indeed, there is no real difference between Democrats and Republicans on this issue). Lessig's persuasively argues that material property should be from intellectual property, be accepts the importance of creative property in today's knowledge economy and lays to rest a very controversial topic by saying that most person-to-person sharing is probably wrong. And despite Lessig's insistent rejection of the "free-for-all" position in the property debate, it is interesting to note of his three major works: Code is almost exclusively a work of legal theory.
The Future of Ideas is a distinctly more normative project, while Free Culture can be considered activist. But along with the radicalization of ideas also come several improvements: with time, his arguments tend to get clearer, more accessible to a general readership, and at the same time even more relevant to copyright law. It is also a great virtue o( Free Culture that it does not sacrifice Lessig's thorough legal reasoning, his broad, contextual legal analysis, and his gift for telling stories that often map the law's significance more effectively than mere linear recounts of legal provisions and precedents.
On the other band, one could easily charge Lessig with making a classically "historical" argument. He buttresses his plea for freedom in culture on claims that "our tradition has never been a permission culture," or that "we've never done this in our history," implying that because something has always been so, it should necessarily be the same today. It is avowedly a part of his objective, lost in the shuffle is the fact that the past decade has also seen tremendous gains for the public domain and free culture as a result of the overall environment for content dissemination created by new technologies. As an astute and self-conscious scholar himself, be does concede this point tangentially it may still be lost on most readers as a result to the general impression one gets from his overall analysis.
One might think of the state of the current US copyright regime, it is bard to dispute that, especially when combined with the power of lobbyists and the extremely litigious nature of the US legal establishment, it continues to see its share of abuses. And while Lessig has perhaps developed a tunnel vision of those abuses in the midst of what he calls "the copyright wars," Free Culture retains enough objectivity and academic rigor to make it an interesting and important. All this seems to follow easily from this untroubled acceptance of the "property" in intellectual property. Common sense supports it, and so long as it does, the assaults will rain down upon the technologies of the Internet. The consequence will be an increasing "permission society." The past can be cultivated only if you can identify the owner and gain permission to build upon his work. The future will be controlled by this dead (and often unfindable) hand of the past.
I think Lessig has vision about the copyright law and how is this copyright law have impact in the future and it will be ware in the copyright law and any of the abuses should stop and make a strong law to keep this copyright law saved.