Re: [fsl-discuss] Legal History on "Natural" vs. Statutory Exclusive Rights

Subject: Re: [fsl-discuss] Legal History on "Natural" vs. Statutory Exclusive Rights
From: "tompoe@xxxxxxxxxxxxxx" <tompoe@xxxxxxxxxxxxxx>
Date: Sun, 12 Jan 2003 17:28:36 -0800
Hi: I've been thinking about this some. I'd like to respond to the following statement, below:

Seth Johnson wrote:
- - -snip - - -
This text actually makes clear where we stand and
brings us close to confronting the fact that in the digital
age, citizens in a free society have more fundamental rights
than those of either distributors or creators.

Seth Johnson

Prior to the Digital Age, there was a historical separation of distributors, creators, and citizens who would receive the products of the distributors and creators. Thus, was associated the fundamental rights that Seth refers to with general classification depending on the group one was a member of. Today, as we embark into the Digital Age, the lines between distributor, creator, and citizen blurs, not because of anything other than, the timeframe for switching from distributor to creator to citizen shortens dramatically. For example, a citizen can receive the product of a creator, and almost instantly switch to that of a creator, and within seconds, is capable of distributing that which she has created as a result of the inspiration and innovation resulting from the receipt of the original creator's product.


The Creative Commons Project contributes the promise of providing the legal framework for contacting and arranging agreements between creators and innovators within minutes in many instances. The distributors that heretofore had control over much of the creating process, now face new challenges. How will they fit into an electronic distribution system that no longer relies on specialized equipment and materials and services?

With these thoughts in mind, maybe the fundamental rights don't necessarily change, but the citizen's access to creator and distributor rights is greatly facilitated. A distributor does not have to be restricted to that role, but, in fact, can broaden her base of operations, and begin to enjoy the roles of creator and citizen in a more dramatic fashion. As a distributor in the Digital Age, one would expect her to begin to build on her past with entry into both the creator and citizen roles that weren't available or desired. An efficient economy claimed by neoclassicists, emphasizes the need to reduce the number of transactions to maximize the profit. Here, we have in the Digital Age, a beautiful example of how to accomplish that goal, if we view the individual as capable of being a profit generating entity unto itself.
Thanks,
Tom Poe
Open Studios
Reno, NV




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