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.
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
Putting it to work
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
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 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 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
Related quotes
A crowded police docket is the surest of all signs that trade is brisk and money plenty.
Samuel Langhorne ClemensSamuel Langhorne Clemens quote #11 Our Government springs from and was made for the people - not the people for the Government. To them it owes allegiance; from them it must derive its courage, …
Andrew JohnsonAndrew Johnson quote #16 A man has a right to use a saw, an axe, a plane, separately; may he not combine their uses on the same piece of wood? He has a right to use his knife to cut hi…
Thomas JeffersonThomas Jefferson quote #73