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While control is needed, and perfectly warranted, our bias should be clear up front: Monopolies are not justified by theory; they should be permitted only when justified by facts. If there is no solid basis for extending a certain monopoly protection, then we should not extend that protection. This does not mean that every copyright must prove its value initially. That would be a far too cumbersome system of control. But it does mean that every system or category of copyright or patent should prove its worth. Before the monopoly should be permitted, there must be reason to believe it will do some good - for society, and not just for monopoly holders.

Lawrence Lessig#10

LawSocietyMonopolyEconomyJustification

About this quote

What does it mean?
Monopolies should only be allowed when facts justify them for society, not just for the holders.
In plain terms
Only allow monopolies if facts show they help society, not just the owners.
What can you take from it?
Monopoly protection requires factual justification showing benefit to society.

Where it applies

  • economic policy
  • antitrust analysis
  • patent review

Putting it to work

  • evaluate monopoly claims
  • demand factual basis
  • prioritize public interest

Questions to consider

  • How do we justify monopolies?
  • What benefits society more?

Another view

Proof of worth for every category could be difficult to measure objectively.

More from Lawrence Lessig

  1. Creation always involves building upon something else. There is no art that doesn't reuse. And there will be less art if every reuse is taxed by the appropriat…

    Permalink to quote #9
  2. The current term of protection for software is the life of an author plus 70 years, or, if it's work-for-hire, a total of 95 years. This is a bastardization of…

    Permalink to quote #11
  3. In arguing for increasing content owners' control over content users, it's not sufficient to say 'They didn't pay for this use.'

    Permalink to quote #8

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