1. The document discusses the history of copyright and how it has increasingly restricted creativity and innovation over time as the past tries to control the future. 2. It notes that in 1774, the free culture was born with Donaldson v Beckett, but that copyright terms and control of derivatives have steadily increased since then. 3. Now in 2002, creativity is highly regulated by copyright law and technology that controls uses, and every action on the internet is potentially a copy, restricting an open culture that previously enabled innovation.

2. <free culture>
OSCON
July 24, 2002

3. <refrain>

4. 1. Creativity and innovation always
builds on the past.

5. 2. The past always tries to control the
creativity that builds on it.

6. 3. Free societies enable the future by
limiting the past.

7. 4. Ours is less and less a free society.

8. </refrain>

9. (1)

10. 1774
Donaldson v. Beckett
free culture
born

11. 1774
Donaldson v. Beckett
free culture
born

12. 1774
Donaldson v. Beckett
free culture
born

13. 1774
Donaldson v. Beckett
free culture
born

14. 1710
Statute of Anne
limited term
14 years

15. 1710
Statute of Anne
limited term
14 years

16. 1710
Statute of Anne
limited term
14 years

17. 1710
Statute of Anne
limited term
14 years

18. 1740s
Scottish publishers
reprint classics

19. 1740s
Scottish publishers
reprint classics

20. 1740s
Scottish publishers
reprint classics

21. London publishers:
“copyright is forever”

22. London publishers:
“copyright is forever”

23. [Sonny Bono:
“forever minus a day”]

24. London publishers:
“copyright is forever”

25. publishers

26. “old patentees and monopolizers in the
trade of bookselling, men who do not
labour in an honest profession to
learning is indetted.”

27. “common law copyright”

28. 1769
Millar v. Taylor
publishers prevail

29. 1769
Millar v. Taylor
publishers prevail

30. 1769
Millar v. Taylor
publishers prevail

31. 1774
Millar reversed

32. 1774
Millar reversed

33. Shakespeare free

34. freed culture

35. <refrain>

36. 1. Creativity and innovation always
builds on the past.

37. 2. The past always tries to control the
creativity that builds on it.

38. 3. Free societies enable the future by
limiting the past.

39. 4. Ours is less and less a free society.

40. </refrain>

41. (2)

42. 1790
unregulated creativity
“printing”
free derivatives
14 years

43. 1790
unregulated creativity
“printing”
free derivatives
14 years

44. 1790
unregulated creativity
“printing”
free derivatives
14 years

45. 1790
unregulated creativity
“printing”
free derivatives
14 years

46. 1790
unregulated creativity
“printing”
free derivatives
14 years

47. 1790
free code
transparent technology

48. 1790
free code
transparent technology

49. 1790
free code
transparent technology

50. control

51. control

52. not
just
then

53. 1928
Walt Disney
Steamboat Willie
Steamboat Bill., Jr.

55. 1928
Walt Disney
Steamboat Willie
Steamboat Bill., Jr.

56. QuickTime™ and a Video Format cvid decompressor are needed to see this picture.

57. 1928
Walt Disney
Steamboat Willie
Steamboat Bill., Jr.

59. 1928
Walt Disney
Steamboat Willie
Steamboat Bill, Jr.

60. “always parroting the feature length
mainstream films”

74. commons

75. lawyer

76. lawyer

77. “limited Times”

78. 1790
“fourteen years”
maybe x2

79. to 42
(1831)

80. 56
(1909)

81. 59
(1962)

82. 61
(1965)

83. 63
(1967)

84. 64
(1968)

85. 65
(1969)

86. 66
(1970)

87. 67
(1971)

88. 68
(1972)

89. 70
(1974)

90. 75
(1976)

91. 95
(1998)

92. Sonny Bono Copyright Term
Extension Act

93. aka

94. Mickey Mouse Protection Act

95. No one can
do to Disney, Inc.
what Walt Disney did to
the Brothers Grimm

97. <refrain>

98. 1. Creativity and innovation always
builds on the past.

99. 2. The past always tries to control the
creativity that builds on it.

100. 3. Free societies enable the future by
limiting the past.

101. 4. Ours is less and less a free society.

102. </refrain>

103. (3)

104. different
now

105. 2002
regulated creativity

106. 2002
regulated creativity

107. law:

108. ©

109. ©

110. ©

111. ©

112. ©

113. “publishing” to “copying”

114. “copies” to “derivative works”

115. “14 years” to “life+70”

116. technology:

117. opaque creativity

118. controlling uses

126. law + technology:

127. law regulates “copies”

128. uses

129. unregulated

130. unregulated
read

131. unregulated
read give

132. unregulated
read give
sell

133. unregulated
read give
sell sleep

134. unregulated
©

135. unregulated
publish ©

136. unregulated
©

137. unregulated
©
fair use

138. unregulated
©
quote

139. uses

140. uses
• unregulated
• regulated
• ©

141. uses
• unregulated
• regulated
• ©

142. uses
• unregulated
• fair use
• ©

143. uses
1. unregulated
2. fair use
3. ©

144. enter the net

145. every
acts a
copy

146. every
act’s a
copy

147. every
act’s a
copy

148. unregulated uses

149. regulated

150. ©

151. uses
1. unregulated
2. fair use
3. ©

152. <del>
“fair use”

154. QuickTime™ and a
Sorenson Video decompressor
are needed to see this picture.

155. <http://aibopet.com>
“teach your Aibo jazz”

156. “[Y]our site contains information providing
the means to circumvent AIBO-ware's copy
protection protocol constituting a violation
of the anti-circumvention provisions of the
Digital Millennium Copyright Act.”

159. uses
1. unregulated
2. fair use
3. ©

160. uses
©

161. controlled creativity

162. never more controlled

163. term
scope
concentration

164. term
scope
concentration

165. term
scope
concentration

166. never
fewer
more

167. never
fewer
more

168. never
fewer
more

169. 1773

170. control

171. <refrain>

172. 1. Creativity and innovation always
builds on the past.

173. 2. The past always tries to control the
creativity that builds on it.

174. 3. Free societies enable the future by
limiting the past.

175. 4. Ours is less and less a free society.

176. </refrain>

177. (4)

178. you

179. gnu

180. transparent creativity

181. free sharing

182. common base

183. create
like it’s
1790

184. proprietary
v.
free

185. proprietary
v.
free

186. for now

187. <refrain>

188. 1. Creativity and innovation always
builds on the past.

189. 2. The past always tries to control the
creativity that builds on it.

190. 3. Free societies enable the future by
limiting the past.

191. 4. Ours is less and less a free society.

192. </refrain>

193. (5)

194. free code threatens

195. threats to free code

196. item:
sw patents

197. Mr. Gates
on sw patents:

198. If people had understood how patents
would be granted when most of
today’s ideas were invented and had
taken out patents, the industry would
be at a complete stand-still today.

199. The solution . . . is patenting as much as we
can. . . . A future start-up with no patents of
its own will be forced to pay whatever price
the giants choose to impose. That price might
be high: Established companies have an
interest in excluding future competitors.

200. The solution . . . is patenting as much as we
can. . . . A future start-up with no patents of
its own will be forced to pay whatever price
the giants choose to impose. That price might
be high: Established companies have an
interest in excluding future competitors.

201. Established companies have an interest in
excluding future competitors.

202. 4 years

203. tiny changes

204. tim changes

205. q. todd changes

206. apologists

207. what have you done?

208. “excluding future competitors”

209. defensive

210. offensive

211. what have you done?

212. item:
copyright wars

213. homeric tragedy

215. $25,000

216. insane rules
whole world

217. insane rules
for the whole world

218. broadcast flag

219. mandated fritz chips

220. “police state in every computer”

221. digital vigilantes

222. “a terrorist war”

223. for what?

224. “to stop the harm”

225. the harm:
5x
-5%

226. the harm:
5x
-5%

227. the harm:
5x
-5%

228. what have you done?

229. <refrain>

230. 1. Creativity and innovation always
builds on the past.

231. 2. The past always tries to control the
creativity that builds on it.

232. 3. Free societies enable the future by
limiting the past.

233. 4. Ours is less and less a free society.

234. </refrain>

235. (6)

236. JC Watts

237. “If you’re explaining,
you’re losing.”
JC Watts

238. 6 years

239. what have you done?

240. Boucher
Cannon
Hank Perritt

241. eff.org

242. do something