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Culture and Creativity
posted by mpawlo on Thursday August 08, @05:36PM
from the rip-mix-burn dept.
Copyright Just when you thought you had read all the articles on politics of copyright, First Monday publish a new one. In their paper, Kathy Bowrey and Matthew Rimmer looks at the role of culture and creativity in the law. The authors conclude that challenging the politics of copyright and peer-to-peer law requires exposure of the law's mismanagement of cultural diversity and technological change.


The authors are Australian but use a lot of the US precedent to make their arguments. Hence, the average Greplaw reader will be familiar with a lot of the stories in this article. The article is worth reading, and make several intersting points. Still, I am not satisfied. If we are to learn only one thing from Lessig, we should learn to reframe the copyright debate. But how can we reframe the debate when we always start with the same sources? The Asian and European law professors need to enter the arena with some new insights. I want to read an article on copyright that does not include the word "lessig" in the preface (sorry Larry!).

Read the article.

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    Culture and Creativity | Login/Create an Account | Top | 4 comments | Search Discussion
    Threshold:
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    culture/creativity - outside the first amendment (Score:1)
    by Kim Weatherall on Thursday August 08, @07:18PM (#198)
    User #391 Info
    I think your comments are a little unfair on the authors - at least they are moving outside the first amendment/free speech idea that is oh-so-prevalent in the academic literature in the area. It just seems a shame that when they say we should go 'back to basics' on the copyright principles they don't expand on how that might be done, or what the result might be.
    Re:culture/creativity - outside the first amendmen (Score:2)
    by mpawlo on Friday August 09, @02:33AM (#200)
    User #42 Info | http://www.pawlo.com/
    I like the article and it is better than most I have read in this new field of legal discussion. However, I still think it would be good if scholars tried to move outside of the Lessig frame sometime. I am sure Larry would agree .-)
    Unfairness (Score:1)
    by greglas on Thursday August 08, @10:16PM (#199)
    User #95 Info | http://www.chaihana.com/pers.html
    Ditto on the Lessigocentricism of the article, ditto on the apologies to the Great L for blaspheming.

    The one thing I really really liked about the article was the GRAPHICS -- very very trippy... the DMCA's effect on copyright's scope has never been better illustrated by 3-D textured enveloped spheres. There's some creativity for ya.
    Re:Unfairness (Score:1)
    by Danse on Friday August 09, @03:00PM (#203)
    User #346 Info

    LOL... yeah.. that was one of the most interesting diagrams I've ever seen relating to copyright. I think they might have explained the diagram a little better (specifically the blue "branch" being illegal at this point in time, and labeling the spheres as they were in the first diagram), but I suppose if you'd read that far, you probably understood enough about copyright that you got the point.

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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