1. Internet Creativity vs. Internet Regulation Mathias Klang [email_address]

2. Life is organized by technology...

3. But law attempts to ignore technology FAIL...

4. The root of our problem begins about 5000 years ago...

6. Writing: an information storage system outside the body. Independent of space & time

7. The history of writing is the history of reducing copying costs.

8. Gutenberg is important...

9. Wheras printers, booksellers, and other persons, have of late frequently taken the liberty of printing... books, and other writings, without the consent of the authors... to their very great detriment, and too often to the ruin of them and their families : For preventing therefore such practices for the future, and for the encouragement of learned men to compose and write useful books... Statute of Anne 1710… (The modern myth of creation)

10. But what happened then?

12. The archdeacon gazed at the gigantic edifice for some time in silence, then extending his right hand, with a sigh, towards the printed book which lay open on the table, and his left towards the Notre-Dame, and turning a sad glance from the book to the church, “Alas”, he said, “this will kill that.” The Hunchback of Notre-Dame 1831

13. Berne Convention

14. International Norm Established

15. Idea/Expression No formalities 70 Years Which becomes copyright today...

16. It even adapts to new technology “ entirely from his own mental conception, to which he gave visible form” ” useful, new, harmonious, characteristic, and graceful picture.” Oscar Wilde nr 18 av Napoleon Sarony

17. This changed everything

18. Copies Cost Initial cost First Copy In a digital environment the cost of copying moves towards zero. In an Internet environment the cost of copying is shared by the end user Analogue Digital

20. I havent written on here for a while but I've taken the time to write this as I think music piracy is having a dangerous effect on British music… You don't start out in music with the Ferraris. Instead you get a huge debt from your record company, which you spend years working your arse off to repay… I don't think what's out there is perfect. It's stupid that kids can't buy anything on the internet without credit, forcing them to steal Mum's credit card or download illegally. It's this kind of thing that the record company bosses, artists, broadband providers and government should be sitting down and discussing.

21. Main argument today: if copying costs move towards zero then harsher copyright laws

22. This argument forgets technology & society

23. LAW PROGRAMMED & CONTEXTUAL SOCIAL RULES ARCHITECTURE

24. A funny thing happened on the Jaipur – Delhi Express...

25. The disruption occurs when the technology, which is introduced effects the social arrangements around which we build our lives

26. Three really crazy ideas... that WORKED!

28. Richard Stallman has proved empirically that economic rewards are not a prerequisite for creation

30. Jimmy Wales showed that Stallman's ideas could scale and include a hugely differentiated group

32. Lawrence Lessig showed that, given the opportunity, creators share all types of copyrightable works

33. … and then came the rest of us...

34. This past decade (the death of memory)

35. 2000 2001 2002 2003 2005 2004 2006

36. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Blogger 1999

37. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999

38. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space

39. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook

40. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook Ning YouTube

41. 2000 2001 2002 2003 2005 2004 2006 Wikipedia Linkedin Blogger 1999 Second Life Skype My Space Digg Facebook Ning YouTube Twitter Spotify

43. Anything that is in the world when you’re born is normal and ordinary and is just a natural part of the way the world works. Anything that’s invented between when you’re fifteen and thirty-five is new and exciting and revolutionary and you can probably get a career in it. Anything invented after you’re thirty-five is against the natural order of things.

45. (which is another reason I admire India)

46. Impulse: Control

47. Command & Control is an inefficient system To be used with care!

48. Innovative Technology & wasteful law?

49. Do you want to see one of my favorite sights in Jaipur?

51. Whether by necessity or design India's default position is open access to technology

52. Free Software Foundation & the GPL License Protects the Four Freedoms

54. …study how the program works, and adapt it to your needs.

55. …redistribute copies so you can help your neighbor.

56. …improve the program, and release your improvements to the public

57. If 4 Freedoms lead to innovation, what does copyright law do?

58. Napster: Launched July 1999 April 2000 – 10 million users January 2001 - 18 million users A & M Records, Inc. v. Napster, Inc. 239 F.3d (9th Cir. 2001).

59. Grokster: MGM Studios, Inc. v. Grokster, Ltd. 545 U.S. 913 (2005)

60. Sweden is home to one of the most famous Internet sites in the world... No, its not Ikea

62. The development of torrent technology is a direct consequence of the law. And now the law is trying to equate torrents to copyright infringement

63. So what is the moral of this tale lecture?

64. 3. Most of Europe & the United States have made the mistake of almost eliminating access & anarchy. It will take many years for us to recover.

65. 2. Law does not innovate. Legislators wishing to drive innovation must preserve access to technology and anarchy

66. 1. You as lawyers must not fall into the trap of single system life... even if the law encourages such thinking.

67. Thank you!