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I would dramatically reduce the safeguards for software - from the ordinary term of 95 years to an initial term of 5 years, renewable once. And I would extend that government-backed protection only if the author submitted a duplicate of the source code to be held in escrow while the work was protected. Once the copyright expired, that escrowed version would be publicly available from the copyright office. Most programmers should like this change. No code lives for 10 years, and getting access to the source code of even orphaned software projects would benefit all. More important, it would unlock the knowledge built into this protected code for others to build upon as they see fit. Software would thus be like every other creative work - open for others to see and to learn from.

Lawrence Lessig#13

CopyrightPublic domainInnovationSoftware

About this quote

What does it mean?
Lessig argues for reducing software copyright terms to 5 years with source code escrow, ensuring public access after expiration to foster innovation.
In plain terms
Shorten copyright terms and store code so it becomes public later.
What can you take from it?
Shorter terms with escrow unlock knowledge for future builders.

Where it applies

  • software development
  • legislative reform
  • preservation efforts

Putting it to work

  • legislative proposal
  • open source advocacy

Questions to consider

  • Should code be locked away for decades?
  • How do we balance incentives with access?

Another view

Escrow requirements might discourage some developers from sharing code voluntarily.

More from Lawrence Lessig

  1. While the creative works from the 16th century can still be accessed and used by others, the data in some software programs from the 1990s is already inaccessi…

    Permalink to quote #12
  2. The problems with software are just examples of the problems found generally with creativity. Our trend in copyright law has been to enclose as much as we can;…

    Permalink to quote #14
  3. 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

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