[Script Info] Title: [Events] Format: Layer, Start, End, Style, Name, MarginL, MarginR, MarginV, Effect, Text Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Lawrence Lessig: Thank you very much. It's extremely cool to be here. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,It's just about as cool as when I spoke at Pixar. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I think of these two as being highlights of my career (check). Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, thank you very much for having me. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I have two small ideas I want to use as an introduction to an argument, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,about the nature of access to scientific knowledge in the context of the internet, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and use that argument as a step towards a plea about what we should do. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So here is the first idea. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I want to call it the "White-effect". Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And I name that after Justice Byron White, justice of the US Supreme Court, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,appointed by John F. Kennedy - here he is in 1962 Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,- famous before that as 'Whizzer' White on the Yale University football team Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,When he was appointed to the Supreme Court, he was a famous liberal, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,renowned liberal, the only appointee that John Kennedy had to the Supreme Court. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But 'Whizzer' White grew old, and he is probably most famous for an infamous opinion, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,which he penned on behalf of the Supreme Court, Bowers v. Hardwick, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,an opinion where the Supreme Court upheld the Criminalization of Sodomy law. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Here is the passage: 'Against this background, to claim that a right to engage Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in such conduct' - homosexual sodomy - 'is "deeply rooted in this Nation's history and tradition" Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or "implicit in the concept of ordered liberty" is, at best, facetious.' Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, this is what I want to think of as the "White Effect". Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,To be a liberal or a progressive is always relative to a moment, and that moment changes, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and too many are liberal or progressive no more. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, that's the "White effect". Here is the second idea. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The Harvard Gazette is a kind of propaganda publication of Harvard University, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it talks about all the happy things at Harvard. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So here's an article that it wrote, about an extraordinary macro-economist, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Gita Gopinath, who has just come to Harvard, received tenure last year Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and is one of the most influential macroeconomists in the United States right now. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,This article talks about her work and her research, and at the very end, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,there is this puzzling passage, where it says: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,'Still, the shelves in her new office are nearly bare, since, said Gopinath, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"Everything I need is on the Internet now." ' Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Right, that's the second idea. Here is the argument. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, copyright is a regulation by the State intended to change Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a regulation by the market. It's an exclusive right, a monopoly right, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a property right granted by the State, which is necessary Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to solve an inevitable market failure. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, by saying that it's necessary to solve an inevitable market failure, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I'm marking myself as a pro-copyright scholar, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in the sense that I believe copyright is necessary, even in a digital age. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Especially in a digital age, copyright is necessary to achieve Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,certain incentives that otherwise would be lost. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But in the internet age, what we've seen as a fight about copyright, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,about the scope of copyright, waged most consistently in the context Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of the battle over artists' rights, in particular, in the context of music, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,where massive 'sharing' - sharing which is technically illegal - has lead to a fight Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,fought by artists and especially by artists' representatives. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And we from the Free Culture movement, have challenged the people Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,who have been waging that fight. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And they defend copyright in the context of that fight. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But if we get above the din of this battle, the important thing to keep in mind Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is that both sides in this fight acknowledge that copyright is essential Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,for certain creative work, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and we need to respect copyright for that creative work. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We, from the Free Culture movement, need to respect copyright for that work, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,we need to recognize that there is a place for sensible copyright policy Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to protect and encourage that work. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But, however - and here is the important distinction - Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Not only artists rely upon copyright, copyright is also relied upon by publishers, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and publishers are a different animal. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We don't have to be as negative as John Milton was when he wrote publishers are Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"Old patentees and monopolizers in the trade of books Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,- men who do no labor in an honest profession, to [them], learning is indebted." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We don't have to go quite that far to recognize why publishers are different, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that the economic problem for publishers is different Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,from the economic problems presented by creating. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So who is copyright for? The publishers or the artists? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Well, since the beginning of copyright in the Anglo-American tradition, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the Statute of Anne of 1710, there has been this argument about whether copyright Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,was intended for the publishers or the artists. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,When the Statute of Anne was originally introduced, it gave a perpetual term of copyright, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,which the publishers understood to be a protection for them. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,It was then amended to give just a limited term for copyright. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Publishers were puzzled about that, because it wouldn't make sense to give a limited term Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,if it was the publisher that was to be protected. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,In 1769, a court case in the context of Millar v. Taylor seemd to suggest that Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,despite the limitation of the Statute of Anne, copyright was for ever. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But in 1774, in a very famous case about this book, The Seasons, by James Thomson, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the House of Lords have held that copyright protected by the Status of Anne was limited, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,holding for the first time that works passed into the public domain. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And for the first time in English history, works including Shakespeare Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,passed into the public domain. And in this moment, we can say Free Culture was born. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And it also clarified that copyright was not intended for the publisher. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Even if it benefited the publishers, it was a creative right Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and author's right. Even if benefitting publishers, copyright was for authors. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, I remark these obvious borders about the scope of copyright, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because we tend to forget them. We've been fighting a battle in the context of copyright Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,where copyright is essential, and we are spending too little attention Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,about a battle in a context where copyright is not essential. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And I mean by that, in the context of science, in the context that Gopinath was speaking of Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,when she talked about everything being available on the internet. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And the consequence of failing to pay attention to this second context Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,within which this battle is being waged is that there is a trouble here Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that too few see. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So let's think about this claim that everything is on the internet now. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,What does that mean? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Here is a particular example to evaluate what that means. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Much of my work, these days, is focusing on corruption Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in the context of this institution, Congress. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So let's say that we wanted to study, you wanted to study with me, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,corruption in this context. Go to Google Scholar and enter a search for campaign finance. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Here are the top articles that would be listed from that search. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So let's say you wanted to browse through these articles Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and get a sense of campaign finance and how it might be related to corruption in Congress. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So here are the top 10 articles. This first one, a very famous one Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,by my former colleagues Pam Karlan and Sam Issacharof. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,You would find, to get access to this article, you'd have to pay $29.95. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The second article, housed at JSTOR, you'd have to get through to get permission Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,from the Columbia Law Review - not quite clear how you would do that. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Third article, again, $29.95. The fourth article, protected by Questia, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,we learn that you can get a 1-day free trial to all these Oxford University Press articles, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,you'd only have to pay when that day is over 99 dollars Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to continue for a year. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Here is the 4th article again, protected by JSTOR. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The 5th article, it's an economics article, so the price is right on the surface: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,10 dollars to purchase access to this article. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Here's the 7th article, Columbia Law Review. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,8th article, Columbia Law Review, 9th article, protected again by JSTOR, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,10th article, $29.95. So, how accessible is this information to the general public? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Well, one of these you can get access to for free, at least one time only, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,One of them you can pay $10 for. 3 of them, $29.95, and 5 of them, terms unknown, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,protected by JSTOR. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, when Gopinath says "Everything I need is on the internet", Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,what does she mean? What she means is if - and this is a big if - Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,you're a tenured professor in an elite university or we could say a professor, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or a student or professor in an elite university, or maybe Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a student or professor at a US university, if you are a member of the knowledge elite, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,then you have effectively free access to all of this information. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But if you are from the rest of the world? Not so much. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, the thing to recognize is we built this world, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,we built this architecture for access that flows from the deployment of copyright, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but here, copyright to benefit publishers. Not to enable authors. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Not one of these authors gets money from copyright. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Not one of them wants the distribution of their articles limited. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Not one of them has a business model that turns upon restricting access to their work. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Not one of them should support this system. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,As a knowledge policy for the creators of this knowledge, this is crazy. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And the craziness doesn't stop here. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, my third child is this extraordinarily beautiful girl, Samantha Tess. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,When she was born, the doctors were worried she had a condition Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that would suggest jaundice. I had jaundice as a baby, so I didn't think it was serious, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and I was told very forcefully by her doctor, this is extroardinarily serious. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,If this condition manifest in the dangerous condition, it would produce brain damage, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,possibly death. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, of course, we were terrified. I went home and I did what every academic did, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I pulled everything I could from the web to study about what jaundice was Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and what the conditions were. Now, because I am a Harvard professor, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of course, I didn't have to pay to get access to this information, but I just kept the total. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,To get access to these 20 articles that I wanted access to was $435, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,for the ordinary human, not a Harvard professor. OK. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So I gathered these articles and set them aside, believing this problem Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,would not manifest itself in such a serious way. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But on her third day, she fell into a stupor, and we called the doctor, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and the doctor was panciked and he said we had to get to the hospital immediately. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, at 3 o'clock in the morning, we trundled the baby up and raced to the hospital. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We were sitting in the waiting room, and I brought the articles with me, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because I wanted something to do, to distract me from the terror Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that my child had this condition. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And I picked up the first of these articles, which is actually free, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,published on the web for free, at the American Family Physician, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and I started reading about this condition. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And I got to this table, a table that was going to describe Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,when you should worry about whether the child would have too severe of this exposure. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I turned the page, and this is what I found: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"The rightsholder did not grant rights to reproduce this item in electronic media. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,For the missing item, see the original print version of this publication." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And I had this moment of liberation from fear about my child, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because I turned to fear about our culture. I thought, this is outrageous! Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The idea that we are regulating access down to the chart in an article Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that was published for free to help, not doctors, but parents Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,understand what this condition was. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We are regulating access to parts of articles. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now here and throughout our architecture for access, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,we are building an infrastructure for this regulation. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Think of the Google Books project, which is perfecting control down to the sentence, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the ability to regulate access down to the sentence. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,By the way, I alway forget to tell this: the kid is fine, she didn't have jaundice, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it is a complete non issue. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But the point is, we are archintecting access here, for what purpose? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,To maximize revenue. And why? Revenue to the authors? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Revenues necessary to produce the incentive to create? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Is this a limitation that serves any of the real objectives of copyright? (14:00) Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The answer is no. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,It is simply the natural result of for-profit production Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,for any good that we, quote, must have. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,As Bergstrom and McAfee describe in a really fantastic little bit of work, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,if you compare the cost per page of for-profit publishers Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and the cost per page of not-for-profit publishers in these different fields of science, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it's a 4 and a half times factor difference cost per page. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That is a function of different, of these having different objectives. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,One objective is to spread knowledge: that's the not-for-profit publishers, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and one objective, to maximize profit: that's the for-profit publishers. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, this architecture for access is beginning to build resistance. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, think about story of JSTOR. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,JSTOR was launched in 1995, with an extraordinary amount of funding Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,from the Mellon Foundation. That funding produced a huge archive Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of journal articles. So that there are now more than 1200 journals, 20 collections, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,53 disciplines, 303'000 issues, about 28 million pages in JSTOR archive. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,When this archive was launched, everybody thought it was brilliant. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Everybody thought the access here was extraordinary. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But today? There is increasingly criticism growing out there Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,about how JSTOR makes its information accessible. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We could think of it as a kind of "White effect". Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,It was liberal when it was launched, but what has it become as it has grown old? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, for example, here is an article published in the Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,California Historical Society Quarterly. It's 6 pages long. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,To get it, you have to pay $20 to JSTOR, this non-profit organization, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,leading Carl Malamud, who of course is famous for his Public Resources site, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to tweet in the following way: "JSTOR is morally offensive. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,$20 for a 6-page article, unless you happen to work at a fancy school." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, you might say, "This is a really important academic archive", Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but the question is whether this really important academic archive Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is going to become a kind of RIAA for the academy. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Begging the question that the "White effect" always begs, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,whether we could do this better under a different set of assumptions. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, of course the Open Access movement is the movement that was launched Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to try and do this better under different circumstances. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, it has a long history, but its real push was inspired by Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a dramatic increase in the cost of journals. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, if this is a study between 1986 and 2004 by the American Research Libraries, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,this is the increase in inflation, this is the increase in the cost of serials, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it's obvious that the market power of these publishers is being exploited, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because the purchasers of these serials have no choice but to buy them. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,It's in part motivated by this cost concern, it's also motivated by a sense of unfairness. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We do all the work, they get all the money, here. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So the response to these two kinds of concerns has been two: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,#1 an open access self-archiving movement, where the push has been Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"Let's get as many things out there archived on the Web as we can, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,pre-prints and whatever we can get up, and make sure Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the Web can make them accessible" - and an Open Access publishing movement. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, what's the difference between these two movements? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The difference is licensing. Some "open" is "free", in the sense that Richard Stallman Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,made famous by his quote: "Free software is a matter of liberty, not price. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,To understand the concept, you should think of free as in free speech, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,not as in free beer." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, some aspect of the Open Access publishing is free as in free speech, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,some "open" is not. Some is just free as in: "You can download it freely, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but the rights that you get from the download are just as broad Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,as narrowly granted by some implicit copyright rule. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, "free", as in licensed freely, has been the objective that the Science Commons project, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,which is a project that Creative Commons has been pushing, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and pushing as part of a broader strategy for producing Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the information architecture that science needs, as they announce Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in their "Principles for open science". There are four principles here. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The first is, there should be open access to literature, by which Science Commons says: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,you should be on the internet, literature "should be on the internet Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in digital form, with permission granted in advance Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to users to read, download, copy, distribute, print, search or link Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to the full texts of articles, crawl them indexing, pass them data to software, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or use them for any other lawful purpose, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,without financial, legal or technical barriers other than those inseparable Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,from gaining access to the internet itself." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That's what "free", here, means. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Second, access to research tools: there should be "materials necessary Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to replicate funded research - cell lines, model animals, DNA tools, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,reagents, and more - should be described in digital formats, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,made available under standard terms of use or contracts, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,with infrastructure or resources to fulfill requests to qualified scientists, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and with full credit provided to the scientist who created the tools." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,#3 Data should be in the public domain. "Research data, data sets, databases, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and protocols should be in the public domain." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,meaning no copyright restrictions at all. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And 4, Open cyber-infrastructure: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"Data without structure and annotation is an opportunity lost. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Research data should flow in an open, public and extensible infrastructure Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that supposrts its recombination and reconfiguration into computer models, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,its searchability by search engines, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and its use by both scientists and the taxpaying public. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,This infrastructure is an essential public good." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, my view is, this the right way - you might think this is the left way - Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but it's the correct way to instantiate this Open Access movement. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The values and the efficiency and the justice in this architecture Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,are the right values, efficiency and justice for an Open Access movement. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So let's call it, following Stallman, the Free Access Movement. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And the critical question of the Free Access movement Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is the license that governs access to the information being provided. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Does the license grant freedoms? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And that, of course, was the motivation between the Public Library of Science - Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,every one of their articles is published under a Creative Commons Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Attribution license, the freeest license we have. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And that is increasingly the practice, surprisingly, of the largest publishers, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,as described by this wonderful project housed here at CERN, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,which is studying Open Access publishing. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,This is the first of three stages of this project. When studying the large publishers, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,this study concludes that "Half of the large publishers use some version Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of a Creative Commons license. These seven publish 72% of the titles Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and 71% of the articles investigated. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And of these, 82% use the freeest license, cc-by, and 18% use cc-by-nc", non commercial. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And that of course is an excellent report on the progress of this free access movement Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in the context of the largest publishers. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But what's not excellent in this story is the other publishers here. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,For these other publishers, only 73% you can determine copyright status (check) Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,69% transfer the copyright to the publisher. Only 21 % of the articles Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,have any Creative Commons license attached at all. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, this is because these other publishers are using copyright as a means, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a means to a non-knowledge ends, to a non-copyright ends. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, for example, they are using it to support the societies Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that might happen to be associated with publishing Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that particular journal, that society that might be studying Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,one particular of science. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That society, of course, is valuable, but what they are doing Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is using copyright to support that society. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And the consequence of that strategy is to block access to all but the few. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We don't achieve the objectives of the Enlightenment, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,we achieve the reality of an elite-nment, the elite-nment Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,which describes the way in which we spread knowledge Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,despite the ideas of the Enlightenment. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And the point I'm emphasizing here is that it's for no good copyright reason. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, the slowness inside of science to embrace this more broadly, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,especially among the smaller publishers, may surprise some, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or maybe it doesn't surprise. The whole design of science Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is to be a fad-resistor, the idea is to have an infrastructure Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that avoids fads, and tradition then becomes the metric of what's right Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or of what's good in science. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But I think it's time to recognize that Free Access, as in free speech, access Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is no fad. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And it's time to push this non fad more broadly in the context of science. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, just because I'm talking about how bad some area of science is, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I don't mean to suggest that the arts is good, right? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We have practices in the context of the arts that are just as bad, here. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,For example, think about a recent episode around YouTube. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,You know, we should not minimize the significance of YouTube Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in the infrastructure of culture right now. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,YouTube now has 43 different languages. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,There is more uploaded in one month on Youtube Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,than was broadcast by the major networks in the United States Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,over the last 60 years. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Every single day, 6 new years of video gets uploaded to YouTube. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,There are 2 billion views of YouTube every single year. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,every single day, sorry. That's 40% increase over just the last year. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And I've been famously a friend (check) of this extraordinary site Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because I celebrate the kind of read-write creativity Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that I think YouTube has encouraged. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And I got this sense of what we should think of as read-write creativity Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,when I was reading testimony at this place Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,by this man, John Philip Souza, in 1906. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,when he was - I didn't read it in 1906 but the testimony was given in 1906 - Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,When Souza was testifying about this technology, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,what he called "talking machines". Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, Souza was not a fan of the talking machines. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,This is what he had to say about them: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"These talking machines are going to ruin the artistic development Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of music in this country. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,When I was a boy, in front of every house in the summer evenings Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,you would find young people together singing the songs Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of the day or the old songs. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Today you hear these infernal machines going night and day. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,We will not have a vocal chord left," Souza said, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"The vocal chords will be eliminated by a process of evolution, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,as was the tail of man when he came from the ape." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now this is the picture I want you to focus on. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,This picture of "young people together, singing the songs of the day Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or the old songs". Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,This is a picture of culture. We could call it, using modern computer terminology, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a kind of read-write culture. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,It's a culture where people participage in the creation and the re-creation Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of their culture: in that sense, it's read-write. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And the opposite of read-write creativity, then, we should call Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"read-only" culture. A culture where creativity is consumed Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but the consumer is not a creator. A culture, in this sense, that's top-down, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,where the vocal cords of the millions of ordinary potential creators Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,has been lost, and lost, because, as Souza said, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because of these infernal machines: technology, technology like this, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or technology like this, to produce a culture like this, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a culture which enabled efficient consumption, what we call "reading", Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but inefficient amateur production, what we should call "writing". Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,A culture good for listening, but not a culture good for speaking, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a culture good for watching, a culture not good for creating. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, the first popular instantiation of the internet, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,long after you guys gave us the read-write web, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but the first one people really paid attention to, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,around 1997 and 1998, was a read-only internet. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, Napster, which of course, built the largest music archive, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is still a music archive of music created by others Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and the legal version, Music Store, was an archive of the music Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,created by others, which you could buy for 99 cents. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,These were technologies to enable access, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but access to culture created elsewhere. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But then, shortly in - after the turn of the century, I think, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the internet became fundamentally read-write. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,People began taking, and remixing, and sharing Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,their creativity on the internet, and YouTube was the platform for that. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, my favorite example, which I first saw on YouTube, is this: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,[Read my lips by: Atmo - http://www.youtube.com/watch?v=rhlHUTBgAMw] Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"Bush: My love, there's only you in my life, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the only thing that's right. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Blair: My first love: you're every breath that I take, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,you're every step I make. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Bush: And I, I want to share Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Bush and Blair: all my love with you Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Bush: No one else will do. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Blair: And your eyes Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Bush: Your eyes, your eyes Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Bush and Blair: they tell me how much you care for... Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,announcer: remember to(?) take dictation" Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Lessig: OK. And then.more recently, I don't know if (?) many of you Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,have seen this extraordinary site ThruYou. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,This is a site that takes content only from YouTube Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and remixes it to produce albums and videos. I mean this is his latest, you know. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Voice: This is my mother: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Mother: Howdy, howdy. OK. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,[pays a continuo on keyboard] Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Tenesan1 [see http://www.youtube.com/watch?v=-J8sSXO9VWk ] Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Tenesan1: The song I'm going to sing, I wrote, is called "Green" Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because ... (?) Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,[Tenesan1 sings "Green" on the keyboard continuo] Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,[Horn enters] Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,[Other instruments enter] (30:38)