I would dramatically reduce the safeguards for software - from the ordinary term of 95 years to an initial term of 5 years, renewable once. And I would extend that government-backed protection only if the author submitted a duplicate of the source code to be held in escrow while the work was protected. Once the copyright expired, that escrowed version would be publicly available from the copyright office. Most programmers should like this change. No code lives for 10 years, and getting access to the source code of even orphaned software projects would benefit all. More important, it would unlock the knowledge built into this protected code for others to build upon as they see fit. Software would thus be like every other creative work - open for others to see and to learn from.
Lawrence LessigRelated topics
access author benefit built build change code copyright creative duplicate escrow extend fit getting hold initial knowledge learn lives office once open ordinary protection reduce renewable see should source term thus unlock version while work others software years projectsRelated quotes
What are the great faults of conversation? Want of ideas, want of words, want of manners, are the principal ones, I suppose you think. I don't doubt it, but I will tell you what I have found spoil more good talks than anything else;-long arguments on special points between people who differ on the fundamental principles upon which these points depend. No men can have satisfactory relations with each other until they have agreed on certain ultimata [finalities] of belief not to be disturbed in ordinary conversation, and unless they have sense enough to trace the secondary questions depending upon these ultimate beliefs to their source. In short, just as a written constitution is essential to the best social order, so a code of finalities is a necessary condition of profitable talk between two persons.
Oliver Wendell Holmes Jr.
A final aspect of all open access orders is Schumpeter's notion of creative destruction, one of the most powerful descriptions of a competitive, open access economy. When Schumpeter wrote Capitalism, Socialism, and Democracy in the early 1940s, the economic theory of perfect competition among atomistic firms (i. e., firms too small to have market power) had come under sustained attack as unrealistic. Large and powerful economic organizations dominated the new economy, and their behavior did not match the textbooks. Despite this dominance, the economy produced historically unprecedented, sustained economic development. Schumpeter asked, How could large businesses that were supposed to choke off competition and growth nonetheless generate such spectacular productivity increases in a world that seemed ever more competitive?
Douglass North
A presumption of equality may be contrary to present fact, and yet not contrary to a desideratum. We are not as a fact all equally fit to live, equally responsible, or equally deserving of the protection of the law: but it will hardly be doubted that it would be desirable if we were.
But further, the presumption of a desired condition is, in any group of plastic minds, a force tending to bring about the thing presumed, i. e., to create it. It aids a boy to reach maturity to treat him as if he were a little older than he is. A little older: for the presumption loses its effect if it is too wide of the actual fact. The fundamental presumptions of the law are justified on this basis and to this extent: if they are too wide of the truth to be creative, they are not justified.
William Ernest Hocking
The animating purpose of James was, on the other hand, primarily moral and artistic. It is expressed in his phrase, "block universe," employed as a term of adverse criticism. Mechanism and idealism were abhorrent to him because they both hold to a closed universe in which there is no room for novelty and adventure. Both sacrifice individuality and all the values, moral and aesthetic, which hang upon individuality; for according to absolute idealism, as to mechanistic materialism, the individual is simply a part determined by the whole of which he is a part. Only a philosophy of pluralism, of genuine indetermination, and of change which is real and intrinsic gives significance to individuality. It alone justifies struggle in creative activity and gives opportunity for the emergence of the genuinely new.
John Dewey
I believe a government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone. That's why our strongest leaders -- from George Washington to Nelson Mandela -- have elevated the importance of building strong, democratic institutions over a thirst for perpetual power. Leaders who amend constitutions to stay in office only acknowledge that they failed to build a successful country for their people -- because none of us last forever. It tells us that power is something they cling to for its own sake, rather than for the betterment of those they purport to serve.
Barack Obama
