“Common sense is with the copyright warriors because the debate so far has been framed at the extremes — as a grand either/or: either property or anarchy, either total control or artists won't be paid.”

— Lawrence Lessig , book Free Culture

Free Culture (2004)
Context: Common sense is with the copyright warriors because the debate so far has been framed at the extremes — as a grand either/or: either property or anarchy, either total control or artists won't be paid. If that really is the choice, then the warriors should win.
The mistake here is the error of the excluded middle. There are extremes in this debate, but the extremes are not all that there is. There are those who believe in maximal copyright — "All Rights Reserved" — and those who reject copyright — "No Rights Reserved." The "All Rights Reserved" sorts believe that you should ask permission before you "use" a copyrighted work in any way. The "No Rights Reserved" sorts believe you should be able to do with content as you wish, regardless of whether you have permission or not.... What's needed is a way to say something in the middle — neither "all rights reserved" nor "no rights reserved" but "some rights reserved" — and thus a way to respect copyrights but enable creators to free content as they see fit. In other words, we need a way to restore a set of freedoms that we could just take for granted before.

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Lawrence Lessig 71

American academic, political activist. 1961

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“A free culture is not a culture without property; it is not a culture in which artists don't get paid. A culture without property, or in which creators can't get paid, is anarchy, not freedom. Anarchy is not what I advance here. Instead, the free culture that I defend in this book is a balance between anarchy and control.”

Lawrence Lessig book Free Culture

Free Culture (2004)
Context: A free culture has been our past, but it will only be our future if we change the path we are on right now. Like Stallman's arguments for free software, an argument for free culture stumbles on a confusion that is hard to avoid, and even harder to understand. A free culture is not a culture without property; it is not a culture in which artists don't get paid. A culture without property, or in which creators can't get paid, is anarchy, not freedom. Anarchy is not what I advance here. Instead, the free culture that I defend in this book is a balance between anarchy and control. A free culture, like a free market, is filled with property. It is filled with rules of property and contract that get enforced by the state. But just as a free market is perverted if its property becomes feudal, so too can a free culture be queered by extremism in the property rights that define it. That is what I fear about our culture today. It is against that extremism that this book is written.

“In the end, both extremes had more in common with each other than either did with the middle.”

David Brin book Glory Season

Source: Glory Season (1993), Chapter 24 (p. 470)

“Lawlessness is lawlessness. Anarchy is anarchy is anarchy. Neither race nor color nor frustration is an excuse for either lawlessness or anarchy.”

Thurgood Marshall (1908–1993) Associate Justice of the United States Supreme Court

Speech at the national convention of Alpha Phi Alpha, St. Louis, Missouri, August 15, 1966, as reported by the St. Louis Globe-Democrat, August 17, 1966, p. 1.

“Either we, as a society, decide that copyright is the greater value to society, and take active steps to give up private communications as a concept. Either that, or we decide that the ability to communicate in private, without constant monitoring by authorities, has the greater value - in which case copyright will have to give way.”

Rickard Falkvinge (1972) former head of the Swedish Pirate Party

Wikinews Interview http://en.wikinews.org/wiki/%22Avast_ye_scurvy_file_sharers%21%22:_Interview_with_Swedish_Pirate_Party_leader_Rickard_Falkvinge (June 20, 2006)

“The choice is not between order and liberty. It is between liberty with order and anarchy without either.”

Robert H. Jackson (1892–1954) American judge

Dissenting in Terminiello v. City of Chicago, 337 U.S. 1 (1949); this has sometimes been paraphrased as The Bill of Rights is not a suicide pact.
Judicial opinions
Context: The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.

“Europe and Africa are already here, and the Indian was here before either. He stands today between the two extremes of black and white, too proud to claim fraternity with either, and yet too weak to withstand the power of either. Heretofore, the policy of our government has been governed by race pride, rather than by wisdom. Until recently, neither the Indian nor the negro has been treated as a part of the body politic. No attempt has been made to inspire either with a sentiment of patriotism, but the hearts of both races have been diligently sown with the dangerous seeds of discontent and hatred.”

Frederick Douglass (1818–1895) American social reformer, orator, writer and statesman

1860s, Our Composite Nationality (1869)

“Men, in a word, must necessarily be controlled, either by a power within them, or by a power without them; either by the Word of God, or by the strong arm of man; either by the Bible, or by the bayonet.”

Robert Charles Winthrop (1809–1894) American politician

Speech to the Massachusetts Bible Society (1849-05-28), quoted in Robert Winthrop, Addresses and Speeches on Various Occasions, Little, Brown & Co., 1852, p. 172 http://books.google.com/books?id=tKohAAAAMAAJ&pg=PA172&dq=robert+winthrop+bible+bayonet#PPA172,M1
Context: All societies of men must be governed in some way or other. The less they may have of stringent State Government, the more they must have of individual self-government. The less they rely on public law or physical force, the more they must rely on private moral restraint. Men, in a word, must necessarily be controlled, either by a power within them, or by a power without them; either by the Word of God, or by the strong arm of man; either by the Bible, or by the bayonet. It may do for other countries and other governments to talk about the State supporting religion. Here, under our own free institutions, it is Religion which must support the State.

“There is nothing unscientific in the idea that, beyond the lines of force felt by the senses, the universe may be — as it has always been — either a supersensuous chaos or a divine unity, which irresistibly attracts, and is either life or death to penetrate. Thus far, religion, philosophy and science seem to go hand in hand. The schools begin their vital battle only there.”

Henry Adams (1838–1918) journalist, historian, academic, novelist

The Education of Henry Adams (1907)

“They frame this as a massive battle to stop theft, to protect property. … They extend copyrights perpetually. They don't get how that in itself is a form of theft. A theft of our common culture.”

Lawrence Lessig (1961) American academic, political activist.

OSCON 2002
Context: J. C. Watts is the only black member of the Republican Party in leadership. He's going to resign from Congress. He's been there seven and a half years. He's had enough. Nobody can believe it. Nobody in Washington can believe it.... In an interview two days ago, Watts said, Here's the problem with Washington: "If you are explaining, you are losing." If you are explaining, you're losing. It's a bumper sticker culture. People have to get it like that, and if they don't, if it takes three seconds to make them understand, you're off their radar screen. Three seconds to understand, or you lose. This is our problem. Six years after this battle began, we're still explaining. We're still explaining and we are losing. They frame this as a massive battle to stop theft, to protect property.... They extend copyrights perpetually. They don't get how that in itself is a form of theft. A theft of our common culture. We have failed in getting them to see what the issues here are and that's why we live in this place where a tradition speaks of freedom and their controls take it away.

“Virtue is defined to be mediocrity, of which either extreme is vice.”

Rutherford B. Hayes (1822–1893) American politician, 19th President of the United States (in office from 1877 to 1881)

Diary (21 December 1843), referring to Aristotle's Ethics
Diary and Letters of Rutherford Birchard Hayes (1922 - 1926)

“Common sense is with the copyright warriors because the debate so far has been framed at the extremes — as a grand either/or: either property or anarchy, either total control or artists won't be paid.”

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