Robert Boynton, Righting Copyright: Fair use and "Digital Environmentalism", BookForum, February/March 2005. A review of four books, by David Bollier, James Boyle, Lawrence Lessig, and Kembrew McLeod. Excerpt: 'Once an arcane part of the American legal system, intellectual property law is now at the center of major disputes in the arts, sciences, and politics. People are increasingly aware of the role intellectual property plays in their everyday lives; they bump up against it every time they discover they can't print a passage from an e-book or transfer a song from their computer to their iPod....As amazing an effort as Google Print is (creating nothing less than a virtual "universal library of knowledge"), its logical goal --giving readers full access to the entire contents of that library-- will be undercut by our intellectual property laws....One of the most suggestive responses to this dilemma has come from Duke University law professor James Boyle, who, in his landmark book Shamans, Software and Spleens: Law and the Construction of the Information Society (1996), diagnosed the problem succinctly. "What we have right now is an exponentially expanding intellectual land grab, a land grab that is not only bad but dumb, about which the progressive community is largely silent, the center overly sanguine, and the right wing short-sighted." Boyle's subsequent work is an extended plea that we value the public domain. "Our art, our culture, our science depend on this public domain every bit as much as they depend on intellectual property," he writes....Digital environmentalism...[is] conservatives in the traditional sense of the term. "The point is not that copyright and trademark law needs to be overthrown," writes Bollier. "It is that its original goals need to be restored. Individual creators need to be empowered more than ever. The volume and free flow of information and creativity need to be protected. The public's rights of access and use must be honored. We must strike a new balance of private and public interests that takes account of the special dynamics of the Internet and digital technology."'
Posted by
Peter Suber at 1/28/2005 02:37:00 PM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
