"By the time Apple's Macintosh operating system finally falls into the public domain, there will be no machine that could possibly run it. The term of copyright for software is effectively unlimited"
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Lessig is twisting the knife with a nerd’s precision: copyright isn’t just long, it’s long in a way that makes its supposed public benefit almost comically hypothetical. The line about the Macintosh OS “finally” entering the public domain is doing double duty. On the surface it’s a prediction about technological obsolescence. Underneath, it’s an indictment of a legal regime that treats code like a Victorian novel, locking it up for decades even though software ages like fruit, not like Shakespeare.
The subtext is that “public domain” has become a rhetorical ornament - a promise deferred so far into the future it stops functioning as a real policy goal. Lessig’s kicker, “effectively unlimited,” isn’t legal literalism; it’s an experiential truth. If a work can only be freely used after it’s practically unusable, then the freedom is symbolic, not functional.
Context matters: Lessig made his name arguing that digital culture needs a different bargain than the 20th century’s ever-expanding copyright. Apple’s early Macintosh system is a perfect example because software is both cultural artifact and machine-dependent tool. Even if the code is released someday, the hardware, interfaces, and proprietary dependencies may be gone, or fenced off by other rights and technical barriers. So the joke lands as policy critique: we’ve built an “incentive” system that outlives the incentives, outlasts the market, and kneecaps preservation, remix, and research in the only window when the work is still alive.
The subtext is that “public domain” has become a rhetorical ornament - a promise deferred so far into the future it stops functioning as a real policy goal. Lessig’s kicker, “effectively unlimited,” isn’t legal literalism; it’s an experiential truth. If a work can only be freely used after it’s practically unusable, then the freedom is symbolic, not functional.
Context matters: Lessig made his name arguing that digital culture needs a different bargain than the 20th century’s ever-expanding copyright. Apple’s early Macintosh system is a perfect example because software is both cultural artifact and machine-dependent tool. Even if the code is released someday, the hardware, interfaces, and proprietary dependencies may be gone, or fenced off by other rights and technical barriers. So the joke lands as policy critique: we’ve built an “incentive” system that outlives the incentives, outlasts the market, and kneecaps preservation, remix, and research in the only window when the work is still alive.
Quote Details
| Topic | Technology |
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