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resources. 
Sold Out James Boyle, March 31,1996 
The Creative Commons: concept and organization. Can there be a Tragedy of the Commons if the commons is not a zero-sum game? 
Mark Twain on copyright term. 

The following terms are closely tied to concepts in Lessig's talk. You may wish to refer to their definitions. 

Public Domain 
Copyright 
Fair Use 

Read Lawrence Lessig's Keynote speech, all three (web) pages, at the Open Source Convention in 2002. Here is a print-friendly, one page version. Lessig is a law professor at Stanford and argued against the Sonny Bono Copyright Term Extension Act in Eldred v. Ashcroft in front of the Supreme Court. You may also listen to the actual presentation while viewing Professor Lessig's slides. Answer the following questions. 

 

  1. What is the public domain? How is it related to creativity (or is it?) Don't give me a definition of the public domain, explain what it is.
  2. Why does Lawrence Lessig say that the CTEA will make certain "no one can do to Disney what Disney did to the Brothers Grimm."? You should probably include what Disney did the the Grimms.
  3. Lessig talks about 'fair use" (which we talked about in class) as well as "unregulated use." What is the difference, and why does he think that unregulated use is important? 
  4. There are two schools of thought with respect to copyright. Mark Twain and others considered intellectual property to be a natural right. The Eldritch Press and other critics of current copyright laws consider copyright to be a justifiable but necessarily limited violation of the First Amendment's right of free speech. The Constitution's Section 8, Clause 8 states, "the Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Which view seems more compatible with this statement, including a discussion of both views? Support your argument.
  5. Read Spider Robinson's story Melancholy Elephants (written in 1983.) According to Robinson, why would perpetual copyright stifle creativity?
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