Lawrence Lessig
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Legal scholar known for 'Code is Law'
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Claims by Lawrence Lessig (20 of 36)
Of the 10,047 books published in 1930, only 174 remain in print in 2000, yet copyright law prevents Brewster Kahle's Internet Archive from making the 9,873 out-of-print works available digitally because identifying copyright owners and clearing rights is prohibitively expensive and legally risky.
Media ownership has become highly concentrated, with five companies controlling 85% of U.S. media sources, while the top four companies control 90% of radio revenue and integrated ownership (production, distribution, exhibition) means fewer diverse voices control what culture is available.
After the FCC abandoned rules requiring separation between network ownership and content production in 1994, the proportion of prime-time television owned by network studios rose from 25% (1992) to 75% (2002), while the number of independent television production studios fell from 25 to 5.
Formalities in copyright law (registration, renewal, marking) were abolished in 1976 when the U.S. followed European practice treating copyright as a natural right, but this created orphan works problem where copyright owners cannot be identified to obtain permission, blocking digital preservation.
The four-modality regulation model (law, norms, market, architecture) explains how copyright control operates: the Internet changed architecture (copying became costless), which prompted law changes to restore control through technology protection and legal expansion to maintain the prior balance.
Fair use, while theoretically protecting noncommercial uses, is practically ineffective because the costs of defending a fair use claim in court (tens of thousands of dollars) exceed the value of most noncommercial works, and insurance companies and production companies demand legal clearance before using content, making fair use a theoretical right that few can afford to exercise.
Walt Disney built an empire of creativity by taking stories from the public domain—Grimm's fairy tales, mythology, and other works—and transforming them into new creative works, yet today's copyright law would prevent this kind of 'rip, mix, and burn' creativity that was fundamental to building twentieth-century culture.
Edwin Howard Armstrong invented FM radio technology in 1933 but was crushed by RCA's legal and political assault on FM through patent litigation and FCC manipulation, ultimately leading to Armstrong's suicide in 1954 after his patents expired with only a settlement that didn't cover his legal fees.
The doujinshi market in Japan demonstrates that a robust transformative fan culture can flourish despite technically violating copyright law, with over 33,000 circles of creators and 450,000 Japanese attending biannual conventions, suggesting legal protection of derivative works is not necessary for their creation.
Jesse Jordan, a freshman at Rensselaer Polytechnic Institute, built a simple search engine to index files on his university's local network in 2002-2003, causing the RIAA to sue him and three other students for $98 billion total in damages, eventually forcing Jordan to settle for his entire $12,000 life savings.
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