The second part of Lawrence Lessig's Free Culture outlines in detail the changes that have been occurring in copyright laws, the entertainment industry and technology. He uses a very informative visual format to help describe to relationship between the forces that influence interact to support or weaken a particular right or regulation. This model placed a "regulated dot" at the center representing the regulation regarding copyright protection. The four oval areas represented equidistant around this were Law, Market, Architecture and Norms. He then described what each was, in terms of it's relationship to copyright law, and how each was one of "four ways in which the group or individual might be regulated" in regards to copyright protection. The Law and Norms are regulators that constrain by threatening punishment. They are certainly different and can carry much different burdens. The first is imposed by the state, the second by the community. The third constraint, Market, operates simultaneously with the first two, either constraining or enabling, within a free market system. The fourth, Architecture, imposes a constraint or enables based on the conditions of the physical world at that particular place in time. The Architecture to which Mr. Lessig refers is the physical makeup of the copyrighted work and the technology used to format it in the real world. He gives us a historical perspective on how and why copyright law was initiated in England and in our own Constitution. He reiterates his support of this protection of "intellectual property" but voices his concerns over the changes that have taken place over the last two hundred years, most specifically in the last forty years. He uses his model to visually describe the changes that have occurred and the impact they have had on this country's "free culture". He reveals to the reader a regulatory system that has gone completely out of balance. The four ways that interact to provide fairness and balance in regulating copyright by protecting "creative property" rights and ensuring reasonable and unhindered access of the public to it, have "become unbalanced and tilted toward an extreme". There have always been attempts by powerful third parties with a financial interest in intellectual property to control access to it completely. Their attempts to do so have resulted in increasing more restrictive use and application of copyrighted material but the courts have limited these restrictions in order to provide a reasonable balance between use of this material and the rights of copyright owners who control it. This, as Mr Lessig points out, is because intellectual property-free or not- is at the very heart of our culture and is often part of the foundation on which succeeding generations build the future. This "build-on" creativity has always been part of our culture and is in fact what the entertainment industry that exists today was built upon. As with most of the changes initiated by financially interested communities, the issues today arise from the advent of new technology. The Internet has provided an arena where, not only can information in all forms be made available to a worldwide audience, all of this can be shared with the click of a mouse. In addition, the media industry has positioned itself, both legally and financially in a position with almost overwhelming power. They control the "creative property" and usually all rights to it, or so we would be lead to believe. Even the right to "fair use" which is covered by law but not well defined, is infringed upon by imposing immense burdens of proof to those who might attempt to use it. In the end we understand first that the Law has been skewered greatly in favor of a powerful entertainment industry. Second that the Media and this industry is controlled by a very powerful few who will use any means they have to retain control. Thirdly, the Media can and is being used to affect the Norms of a community by providing only those arguments and points of view they support to be presented in a favorable light. This is important because the general population of a community seeks information about the world around them and in general from these sources. Finally, the Architecture, the framework in which "intellectual property" is made available, is now being used in ways never imagined before and against uses often previously been considered "fair use". The power of technology, which could support the fair use and distribution of material copyrighted and not, is being "used to supplement the law's control in ways that are often no less the threatening and invasive for a user of this technology. And worse yet, the overall effect of all of this is to strengthen regulation yet weaken creativity, especially for those who would quite normally build-on the creativity of the past.
As Mr. Lessig very effectively points out, creativity should be independent in a free market. That creativity historically, and quite reasonably, grows on the past."Free cultures, like free markets,are built with property." It is the nature of this property that has been so drastically changed by this unbalanced and extreme vision of copyright law that exists today. We are becoming a culture of creativity but only with permission.
This reading was very long but informative. I often tried to imagine my own examples of how unbalanced this vision of copyright law has become. As I have taken several science classes the past year, I recalled that a copyright has been sought(and probably granted by this time)on human genes. This is so preposterous to me. Genes are the product of normal biological interactions between amino acids, specific sugar molecules and phosphate molecules. These have been around far longer than any humans and in fact combined independent of human assistance to form who we are today. This is certainly a "property" that was not created recently, it was discovered and identified. recently but that is hardly the same thing. Imagine in the early 60's if scientific information was as severely restricted as "creative property " is today. Those who discovered the pieces to the puzzle that was the shape and form of the human genome were unable to put the pieces together. The information was there but it took two men(Crick and Watson), neither of whom had discovered the pieces themselves, to see the bigger picture formed by these parts and discover the shape of DNA. Imagine them having to obtain and possibly pay for permission before using the results of the work that preceded their discovery. Their creative work and subsequent discovery was built on the creative work/property of others. In the real world at that time they were only required to give credit where it was due for the work they based their discovery on(which they unfortunately did not do in at least one case). So today, if a researcher feels that they can provide a product of great benefit to mankind by using the gene that is now copyrighted, would they be required to obtain permission and pay for the use of this gene before they could even experiment with it?