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Re:TheAshLad - Sandbooks

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protections.. The most recent example is the Sonny Bono Copyright<br />

Term Extension. Act which extended by years both existing copyrights<br />

and future. copyrights. A copyright grant is a limited monopoly a<br />

reward for. innovation but the reward if too generous (long) will surely.<br />

stifle it for any increase in copyright term strengthens monopolist.<br />

practice and isolates innovation from improvement in much the same.<br />

way that Sunstein fears that cybercascades weaken the dialogue of.<br />

democracy. For that reason Lessig predicts that. ...two companies AOL<br />

Time Warner and Microsoft will define. the next five years of the<br />

Internet's life. Neither company has. committed itself to a neutral and<br />

open platform. Hence the. next five years will be radically different<br />

from the past ten.. Innovation in content and applications will be as<br />

these platform. owners permit. Additions that benefit either company<br />

will be. encouraged additions that don't won't....Content and access.<br />

will once again be controlled the innovation commons will have. been<br />

carved up and sold.. If software code the DNA of the internet is<br />

privately held. citizens will be cyberserfs on corporate estates. There<br />

can be no. freedom without commons. Businesspersons artists and<br />

academics must. be free to graze on the rich field of ideas that lead to<br />

further. innovation. In his previous book Professor Lessig argued that<br />

just. as police regulate cities code regulates cyberspace. If state. police<br />

power was the principal concern of the th century corporate. control of<br />

code should be that of the st. Just as we defeated. Hitler and Stalin the<br />

argument continues implicitly so must we. strike AOL and Microsoft.<br />

Corporations wield power invidiously. veiled by the promise of free<br />

markets effectively coopting the. institutions that should balance public<br />

and private ownership.. Lessig will. For many technologists those who<br />

believe that. technology properly configured will save the planet he is<br />

the. muchlauded (and wellschooled) David against an array of<br />

corporate. to increasing the sum and access of intellectual property<br />

online. and as lead counsel for the petitioner in Eldred v Ashcroft. in<br />

which he challenged the constitutionality of the Bono. Copyright<br />

Extension Act Lessig has argued that Congress had. overstepped the<br />

authority vested by the Constitution by essentially. marching the<br />

copyright term toward perpetuity. In January the. Supreme Court<br />

disagreed upholding the act. His fight continues.. Victory will not elude<br />

Professor Lessig though it may surprise him.. A public weaned on the<br />

Web will be increasingly sensitive to the. value of open platforms and<br />

the possibilities inherent in shared. media and code. The increasing ease<br />

with which even moderately. trained musicians mix and sample<br />

42

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