Lawrence Lessig, The Public Domain, Foreign Policy, September/October 2005. Excerpt:
Within every culture, there is a public domain --a lawyer-free zone, unregulated by the rules of copyright. Throughout history, this part of culture has been vital to the spread and development of creative work. It is the part that gets cultivated without the permission of anyone else. This public domain has always lived alongside a private domain—the part of culture that is owned and regulated, that part whose use requires the permission of someone else. Through the market incentives it creates, the private domain has also produced extraordinary cultural wealth throughout the world. It is essential to how cultures develop. Traditionally, the law has kept these two domains in balance. The term of copyright was relatively short, and its reach was essentially commercial. But a fundamental change in the scope and nature of copyright law, inspired by a radical change in technology, now threatens this balance....wealthy countries everywhere are pushing to impose even tighter restrictions on the rest of the world. These legal measures will soon be supplemented by extraordinary technologies that will secure to the owners of culture almost perfect control over how “their property” is used. Any balance between public and private will thus be lost. The private domain will swallow the public domain. And the cultivation of culture and creativity will then be dictated by those who claim to own it. There is no doubt that piracy is an important problem --it’s just not the only problem. Our leaders have lost this sense of balance....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.
Posted by
Peter Suber at 8/31/2005 09:53:00 AM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
I recommend the OA tracking project (OATP) as the best way to stay on top of new OA developments. You can read the OATP feed on a blog-like web page or subscribe to it by RSS, email, or Twitter. You can also help build the feed by tagging new developments you encounter.
