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« Thank you for a great week | Main | cultural pc-ism »

thank you, Senator Edwards

November 9, 2003 9:42 AM - comments (4)

I'm grateful to Senator Edwards for spending some cycles on my blog. I am particularly grateful given his willingness to say a few things about the sort of things Democrats don't talk about enough -- IP and Free and Open Source Software. As obvious as the issues of balance and choice are to the likes of many who hang around here, I think we should not underestimate just how politically difficult it is to say the obvious. In particular, I read the comment about the importance of a level playing field for software to be a clear rejection of the move pushed by, e.g., Congressman Adam Smith to ban GPL within government research. (Apparently Adam Smith was named by the same guys who named the Patriot Act). To side with, e.g., the Free Software Foundation (which also opposes mandates, but endorses competition) and against Microsoft (which gave Adam Smith his bad idea) is not to side with power against right.

Most candidates seem to think it better to just stay quiet about these issues. They might be right. It might be better, politically. God knows, the Democrats can't upset the content industry. But character takes small steps such as these -- regularly, as part of the routine. And it doesn't suprise me to see such character here.

Thank you again, Senator.

Posted by Lawrence Lessig on November 9, 2003 9:42 AM |

Comments (4)

November 9, 2003 2:46 PM Ned Ulbricht:

Priorities

As important as many IP / FOSS issues are, I find myself in agreement with Vietnam veteran Brit Blaser who writes in Secreted Ballots and a War Story:

... We're talking about an issue that's so close to the core of the life of our body politic that, like breath itself, we can't afford to debate it as if it matters no more than, say redistricting. The power to count the votes is the key to the kingdom. ...

One day as we were maneuvering to land, the emergency Guard frequency came awake. "Mayday! Mayday, this is Stalwart 34 declaring an emergency. I'm an F4C with one engine out, low oil pressure on no. 2 and bingo fuel. Request immediate landing!"

"Roger Stalwart 34," came the tower's surprisingly relaxed reply, "You're number 3 in the Emergency Traffic Pattern."

If you fly airplanes for a while, you learn that some issues are more vital than others. For instance, if you can't get the landing gear down at the same time you need to make a radio report to headquarters, you deal with the gear. I know, I've been there.

When you have low hydraulic pressure at the same time you have an engine fire light, you pay attention to the fire and leave the hydraulic pressure for later. I know, I've been there.

When you can't control the airplane at the same time you have a fire light, you first control the airplane, then deal with the fire. I know, I've been there.

...

If you can't be sure your vote will count, at the same time your personal freedom is threatened, make sure your vote is guaranteed to be counted.

I am now sure that Senator Edwards and senior members of his campaign staff are aware of the clear and present danger. He chose a priority for it. That indeed showed his character. I think he's a coward.


November 9, 2003 4:47 PM Ed Lyons:

You're quite right, Professor. It is easier to just stay quiet. I would have liked to have seen the senator go into more detail or take more aggressive positions on IP-related issues - but in terms of a national campaign, taking on the backers of control appears to be all risk and no reward. As I said in my comment, there are certainly more votes to be had freeing Lipitor than Mickey. At least his experience trying to get drugs promptly into the public domain is exactly analogous to what we need to see elsewhere. (If anything, we free-culture folks ought to use that as an example in our communication to ordinary folks: "Just as it is important for prescription drug patents to one day expire to promote the health of our citizens, copyrights also need to expire to promote the vitality of our culture.")

Sigh. But I am very glad he stopped by. Hopefully he and/or his chief of staff had a seed planted in them which may in the future grow into a desire for a free culture.

November 11, 2003 4:37 AM David H. Rothman:

Would respectfully disagree with Prof. Lessig on this one. Believe it or not, even a pragmatic case can be made for an end to the Democrats' disgraceful wimp-out on copyright matters. More at TeleRead. - DR (lifelong Dem)

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