Cyberone september 18 2006
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CyberOne September 18, 2006 PowerPoint PPT Presentation


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CyberOne September 18, 2006. feedback production process law of cyberspace. LAW of CYBERSPACE. September 18, 2006 Charles Nesson. Law of Real Property (atoms). How is Code Different?. No Law Needed When Copying Code is Slow. Some law needed . Thomas Jefferson. like a candle.

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CyberOne September 18, 2006

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CyberOneSeptember 18, 2006

feedback

production process

law of cyberspace


LAW of CYBERSPACE

September 18, 2006

Charles Nesson


Law of Real Property (atoms)


How is Code Different?


No Law Needed When Copying Code is Slow


Some law needed


Thomas Jefferson

like a candle

like a song

like second life

like wikipedia


  • "If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.


  • “That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property."


Congress has the power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries;


Congress has the power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries;


Congresshas the power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries;


Congress has the power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries;


Congress has the power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries;


Congress has the power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries;


For Profit Corporation

  • aggregation of IP assets

  • expression in wealth and power

  • influence on Law


1790 “fourteen years”maybe x2


to 42(1831)


56(1909)


59(1962)


61(1965)


63(1967)


64(1968)


65(1969)


66(1970)


67(1971)


68(1972)


70(1974)


75(1976)


95(1998)


Mickey Mouse Protection


1960’s-1970’s

  • state of trade

    • competitiveness with Japan, Germany and East Asia

    • decline of American smokestack industries

  • state of law

    • nations largely free to control their own IP environment

    • many nations offer little IP protection


Jack Valenti

Theft!!

Piracy!!!


an idea begins to take shape

President Reagan vows commitment to maintaining American technological superiority.


Caribbean Basin Economic Recovery Act1983 Watch List1988 TRIPS 1994


UNIVAC


UNIVAC tube stacks


networks develop


world wide web

Tim Berners-Lee creates HTML - 1991


John Perry Barlow


Shawn Fanning


The Napster


iMeshGnutellaGroksterKazaaeDonkeyWinMXLimewireBlubster


Thomas Jefferson

like a candle

like a song

like second life

like wikipedia


Open CodeCode as KnowledgeCode as LAW


Bit Torrent


public domaincommonwealthin balance withproprietary domaincorporatewealth


charles fried

  • It is the rock-bottom, indigestible fact of each person’s lonely individuality, his ultimate responsibility for his own beliefs, judgments and choices that grounds our demand that we be free.


tao teh ching

To lead men and serve heaven, weigh the worthOf the one source:Use the single forceWhich doubles the strength of the strongBy enabling man to go right, disabling him to go wrong,Be so charged with the nature of life that you give your people birth,That you mother your land, are the fitAnd ever-iving root of it:The seeing.root, whose eye is infinite.


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