"This does not mean that every copyright must prove its value initially. That would be a far too cumbersome system of control. But it does mean that every system or category of copyright or patent should prove its worth"
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Lessig is slipping a small detonator into a sentence that sounds, at first blush, like administrative common sense. He concedes the point that rights regimes can’t run on constant, case-by-case auditions for legitimacy. Requiring every individual copyright to “prove its value initially” would be bureaucratic theater: expensive, slow, and easily gamed by incumbents with lawyers. That opening is strategic restraint, designed to reassure anyone who hears “reform” and assumes “chaos.”
Then he pivots to the real target: not the artist uploading a song, but the architecture that automatically grants, extends, and hardens monopolies by default. The phrase “every system or category” is doing the heavy lifting. Lessig’s intent is to flip the burden of proof from the public to the regime. Instead of treating copyright and patent expansion as a natural law that only needs occasional tweaks, he frames them as policy experiments that must justify their trade-offs: higher prices, reduced access, chilled remix culture, defensive patenting, and the long tail of orphan works.
The subtext is a critique of how intellectual property debates often smuggle moral language (“stealing”) into what is actually a question of institutional design. Lessig’s educator voice shows up in the structure: he’s teaching you how to argue without sounding radical. In context, it’s a snapshot of early-2000s IP politics, when terms were expanding and digital networks were exposing how blunt the old rules had become. The wit is quiet, but the move is sharp: legitimacy isn’t presumed; it’s earned at the level where power accumulates.
Then he pivots to the real target: not the artist uploading a song, but the architecture that automatically grants, extends, and hardens monopolies by default. The phrase “every system or category” is doing the heavy lifting. Lessig’s intent is to flip the burden of proof from the public to the regime. Instead of treating copyright and patent expansion as a natural law that only needs occasional tweaks, he frames them as policy experiments that must justify their trade-offs: higher prices, reduced access, chilled remix culture, defensive patenting, and the long tail of orphan works.
The subtext is a critique of how intellectual property debates often smuggle moral language (“stealing”) into what is actually a question of institutional design. Lessig’s educator voice shows up in the structure: he’s teaching you how to argue without sounding radical. In context, it’s a snapshot of early-2000s IP politics, when terms were expanding and digital networks were exposing how blunt the old rules had become. The wit is quiet, but the move is sharp: legitimacy isn’t presumed; it’s earned at the level where power accumulates.
Quote Details
| Topic | Justice |
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