Lawrence Lessig has many seemingly radical ideas about what consitutes copyright infringement versus freedom of expression. He makes a lot of good points in the preface, introduction, and first chapter of
Remix, but raises some questions that are likely addressed later in the book.
Some of the case studies that Lessig posits are (to me, at least) clearly scenarios in which copyright law has gone too far--for instance, the story of a mother who shared a video on Youtube of her baby dancing to a Prince song. Lessig's argument was that the audio was unclear and the video obviously not meant to gain a profit or detract from Prince's sales. He's right; if this were a case of common sense, the mother would not be at fault. Unfortunately, the law often seems to serve the interests of corporations rather than subscribing to what most people would view as common sense.
The case in which the exhibit created by John Lennon fans using his songs and their voices was denied permissions by Yoko Ono was a case involving what could be called common decency rather than common sense. It seems as though in this particular instance, allowing the group to display the exhibit, which was garnering no profit, was simply the polite thing to do. It would have not only sent a message to fans that they are always appreciated but would have, very simply, been a kind act. Instead, Ono and her lawyers turned a small matter into a large, laborious, and arguably unnecessary process.
I'm interested to read about how Lessig rationalizes the use of peer-to-peer exchange. He seems to contradict himself during the first part of his book: first he says that we are criminalizing an entire generation of people who will inevitably use P2P websites and programs, but he then goes on to say:
Companies like YouTube are deluged with demands to remove material from their systems. No doubt a significant portion of those demands are fair and justified. If you’re Viacom, funding a new television series with high-priced ads, it is perfectly understandable that when a perfect copy of the latest episode is made available on YouTube, you would be keen to have it taken down. Copyright law gives Viacom that power by giving it a quick and inexpensive way to get the YouTubes of the world to help it protect its rights.
Here, Lessig seems to be on Viacom's side, against the perfect-copy-providers of the world. However, P2P sharing provides HD copies of TV shows, as well as DVD releases, PDFs of books, music, games, software, and an other type of file that could possibly be transmitted and stored electronically. I'm curious to discover Lessig's stand on P2P sharing--is it inevitable but not really harmful and therefore permissible, or damaging and therefore wrong? Or would he propose selective P2P sharing, as websites like Mininova and isoHunt have been forced to adopt, so that only content willfully shared by its creators is allowed to be distributed?
I'll probably continue reading
Remix in my spare time to learn about Lessig's proposed course of action.