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17 Nov 08
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For the Copy Left, as for Hyde, the last 20 years have witnessed a corporate “land grab” of information — often in the guise of protecting the work of individual artists — that has put a stranglehold on creativity, in increasingly bizarre ways.
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Illich, an Austrian priest-cum-social-critic who drew wide public attention for his book “Deschooling Society” (1971) — a polemic against modern public education.
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Gift economies, as Mauss defines them, are marked by circulation and connectivity: goods have value only insofar as they are treated as gifts, and gifts can remain gifts only if they are continually given away. This results in a kind of engine of community cohesion, in which objects create social, psychological, emotional and spiritual bonds as they pass from hand to hand.
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For centuries people have been speaking of talent and inspiration as gifts; Hyde’s basic argument was that this language must extend to the products of talent and inspiration too. Unlike a commodity, whose value begins to decline the moment it changes hands, an artwork gains in value from the act of being circulated—published, shown, written about, passed from generation to generation — from being, at its core, an offering.
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C.T.E.A. was not only unfortunate but also unconstitutional. For Hyde, as for many legal and political scholars, the C.T.E.A. (the “Mickey Mouse Protection Act” to its detractors) represents a blatant abrogation of the purpose of intellectual-property law. As he sets out to show in his book, copyright was enshrined in the Constitution for civic rather than commercial purposes. For the founders, intellectual property was a great privilege; copyrights and patents were primarily meant to serve, in Madison’s words, as “encouragements to literary works and ingenious discoveries.” By extending copyright retroactively, Hyde told me, the C.T.E.A. negated the logic of incentive: Mickey Mouse can’t be invented twice.
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“All of the C.C. licenses use the lever of the law,” he said. “They have the assumption of private ownership behind them. So Lessig, in a certain sense, is confining himself to one slice of this stuff, which is not as capacious as a true commons would be.”
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“Shakespeare’s plays,” he writes, “will never collapse, no matter how many people read them — and such commons therefore serve as a kind of limiting case for the argument that the market will serve us well in every sphere of life.”
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There’s a line of Emerson’s from ‘Self-Reliance,’ ” Hyde told me one day in his office, “where he says of Benjamin Franklin: ‘Where is the master who could have instructed Franklin? Every great man is a unique.’ Well, it’s crazy! There’s a long list of masters who taught Franklin! And yet the Emersonian song is the one that sticks in everyone’s head.”
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The point of all this is not to prove that Franklin wasn’t a genius but to show that his genius didn’t burst out of thin air. “It takes a capacious mind to play host to … others and to find new ways to combine what they have to offer,” Hyde writes, “but not a mind for whom there are no masters, not a ‘unique.’ Quite the opposite — this is a mind willing to be taught, willing to be inhabited, willing to labor in the cultural commons.”
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In other words, “Walden,” the premier document of American individualism, was in a sense born out of the generosity of the American prophet of self-reliance.
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