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cc-eyebeam - [cc-eyebeam] Re: OpenLaw, Chilling Effects, Creative Commons

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Subject: Creative Commons-Eyebeam Forum 2003 November 12-19

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  • From: jippolito AT guggenheim.org
  • To: cc-eyebeam AT lists.ibiblio.org
  • Subject: [cc-eyebeam] Re: OpenLaw, Chilling Effects, Creative Commons
  • Date: Sun, 16 Nov 2003 19:18:03 -0500 (EST)


Wendy Seltzer wrote:
> That's why EFF <!-- @@!-- @@a
> href="http://www.eff.org/Legal/ISP_liability/OPG_v_Diebold/"---->recently
> filed suit<!-- @@!-- @@/a----> against Diebold, one of the worst abusers of
> DMCA takedown, on behalf of Online Policy Group and two Swarthmore students.

Wendy, the distributed approach behind your legal innovations is fascinating,
but I presume you and your colleagues didn't exactly learn it in law schools
and law firms. The Swarthmore case offers a parallel case: the students went
out on a limb to publicize the embarrassing documents, but the university
caved to pressure from Diebold and removed the documents from its network. As
Swarthmore sophomore Nelson Pavlosky put it, "We feel like they wimped out."
(<A Href="http://truthout.org/docs_03/110403E.shtml";
target="_blank">http://truthout.org/docs_03/110403E.shtml</A>)

I have a hunch the chutzpah of students like Pavlosky isn't just naivete.
Conditioned by Napster and other file-sharing programs created by and for
20-year-olds, this generation thinks in a distributed way. If so, what will
happen to their natural inclination once it collides head-on with the
hierarchic culture they will inherit?

jon




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