David Newhoff at The Illusion Of More challenges Lawrence Lessig’s “Laws That Choke Creativity.”
So, as a legal layman but active observer of these things, it seems to me Mr. Lessig’s presentation, though charming, contains at least two fallacious premises. The first is that the positive aspects of remix culture are actually threatened by the copyright system; and the second is that remix culture is universally positive. I don’t know of any cases in which rights holders are stopping “the kids” from singing the songs of the day on YouTube. But there are plenty of cases in which adults are profiting from remixing culture in ways that benefit neither fans nor creators. While it’s almost rote these days to call everyone a shill, I don’t think this is very helpful. I prefer to assume intelligent people mean what they say and believe in their positions, and Lawrence Lessig is certainly an intelligent man. Of course, that might be why his ideas are ultimately so dangerous.
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