Saturday, September 6, 2008

Lessig's talk at Ted

This video was similar to the one we watched in class with a few exceptions. He split it up into three stories and an argument.
Stories
  1. He began talking about Sousa and that statement he made to congress on the subject of those "talking machine" or phonographs.
  2. Next he spoke about a situation that occurred 1945 when two chicken framers took a case to the supreme court. They were upset because airplanes that flew over their farm indirectly made the chickens follow the flight pattern right in to the sides of their barn. This lawsuit was based on trespassing laws written 100 years earlier by a Mr. Blackstone stating a land owner owns all that is below and above his land. The farmers did not win their battle and the chief justice of the time said "Common sense revolts at the idea."
  3. Finally Lessig talks about broadcasting and the group called ASCAP. In the 30s they controlled most music and showed their power by raising rates 448% between 1931 and 1939. In order to keep the broadcasting affordable a group called BMI took music from the public domain and gave it away for free to the subscribes. So when ASCAP threaten to double rates the majority of listeners switched to BMI despite it's second rate reputation.
Argument
  • "digital technology is the opportunity for the revival of these vocal cords that he [Sousa] spoke so passionately to Congress about."-- Lessig
  • Lessig then showed some videos to include the amv and Bush Blair love song but one new one about Jesus walking down the street singing "I will survive"
  • The point that Lessig is trying to make here is that these creation are building on old things to create something new.
  • This movement has also "democratized" techniques and once we thought to only be possessed by professionals. This in turn creates a place for amateurs to have their voice heard but that does not make it amateurish.
  • Fianlly Lessig ties back the idea that just as flying an airplane over someones land is not trespassing; recreating something that already exist is not piracy.
  • There are now two extreme viewpoints developing around this idea.
  1. people who want to take down anything with copyrighted content not matter if fair use is at play
  2. people who reject the idea of copyright all together and fight at every opportunity possible
  3. but Lessig sees where we need to find a balance through his system talked about in the previous video. Generating a possibility for someone to make a copyright with varying degrees of freedom.
  • In the end Lessig makes the point that the way our system is set up and the way our soceity is going these days we live life at odds with the law.

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