X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/7604c5cac2980efa38630efba6fa10a07a4d620a..1d7bffcd8d65e1ef87fb83f5eee00f1ac32d4635:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index bcbeb08..c9f5f59 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -8086,6 +8086,7 @@ times. But that obligation (and the limits for creating that obligation) would come from the contract, not from copyright law, and the obligations of contract would not necessarily pass to anyone who subsequently acquired the book. +contracts When my e-book of Middlemarch says I have the permission to copy only ten text selections into the memory every ten @@ -10100,6 +10101,10 @@ that will obviously and necessarily stifle new innovation. It is hard enough to start a company. It is impossibly hard if that company is constantly threatened by litigation. +market constraints +permission culturetransaction cost of +regulationoutsize penalties of +technologylegal murkiness on @@ -10116,7 +10121,6 @@ innovation. If innovation is constantly checked by this uncertain and unlimited liability, we will have much less vibrant innovation and much less creativity. -market constraints The point is directly parallel to the crunchy-lefty point about fair use. Whatever the real law is, realism about the effect of law in @@ -10148,6 +10152,8 @@ within a permission culture are enough to bury a wide range of creativity. Someone needs to do a lot of justifying to justify that result. + + The uncertainty of the law is one burden on innovation. There is a second burden that operates more