Political Activists

"When it has become silly to suppose that the role of our government should be to "seek balance," then count me with the silly, for that means that this has become quite serious indeed. If it should be obvious to everyone that the government does not seek balance, that the government is simply the tool of the most powerful lobbyists, that the idea of holding the government to a different standard is absurd, that the idea of demanding of the government that it speak truth and not lies is just naïve, then who have we, the most powerful democracy in the world, become?"

"A simple idea blinds us, and under the cover of darkness, much happens that most of us would reject if any of us looked. So uncritically do we accept the idea of property in ideas that we don't even notice how monstrous it is to deny ideas to a people who are dying without them. So uncritically do we accept the idea of property in culture that we don't even question when the control of that property removes our ability, as a people, to develop our culture democratically. Blindness becomes our common sense. And the challenge for anyone who would reclaim the right to cultivate our culture is to find a way to make this common sense open its eyes. So far, common sense sleeps. There is no revolt. Common sense does not yet see what there could be to revolt about."

"The most powerful and sexy and well loved of lobbies really has as its aim not the protection of "property" but the rejection of a tradition. Their aim is not simply to protect what is theirs. Their aim is to assure that all there is is what is theirs. It is not hard to understand why the warriors take this view. It is not hard to see why it would benefit them if the competition of the public domain tied to the Internet could somehow be quashed."

"Now that copyrights can be just about a century long, the inability to know what is protected and what is not protected becomes a huge and obvious burden on the creative process. If the only way a library can offer an Internet exhibit about the New Deal is to hire a lawyer to clear the rights to every image and sound, then the copyright system is burdening creativity in a way that has never been seen before because there are no formalities."

"Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal device. For that tiny fraction, the copyright creates incentives to produce and distribute the creative work. For that tiny fraction, the copyright acts as an "engine of free expression." But even for that tiny fraction, the actual time during which the creative work has a commercial life is extremely short. As I've indicated, most books go out of print within one year. The same is true of music and film. Commercial culture is sharklike. It must keep moving. And when a creative work falls out of favor with the commercial distributors, the commercial life ends."

"It is valuable copyrights that are responsible for terms being extended. Mickey Mouse and "Rhapsody in Blue." These works are too valuable for copyright owners to ignore. But the real harm to our society from copyright extensions is not that Mickey Mouse remains Disney's. Forget Mickey Mouse. Forget Robert Frost. Forget all the works from the 1920s and 1930s that have continuing commercial value. The real harm of term extension comes not from these famous works. The real harm is to the works that are not famous, not commercially exploited, and no longer available as a result."

"Some people view the public domain with contempt. In their brief before the Supreme Court, the Nashville Songwriters Association wrote that the public domain is nothing more than "legal piracy." But it is not piracy when the law allows it; and in our constitutional system, our law requires it. Some may not like the Constitution's requirements, but that doesn't make the Constitution a pirate's charter. As we've seen, our constitutional system requires limits on copyright as a way to assure that copyright holders do not too heavily influence the development and distribution of our culture. Yet, as Eric Eldred discovered, we have set up a system that assures that copyright terms will be repeatedly extended, and extended, and extended. We have created the perfect storm for the public domain. Copyrights have not expired, and will not expire, so long as Congress is free to be bought to extend them again."

"By insisting on the Constitution's limits to copyright, obviously Eldred was not endorsing piracy. Indeed, in an obvious sense, he was fighting a kind of piracy — piracy of the public domain. When Robert Frost wrote his work and when Walt Disney created Mickey Mouse, the maximum copyright term was just fifty-six years. Because of interim changes, Frost and Disney had already enjoyed a seventy-five-year monopoly for their work. They had gotten the benefit of the bargain that the Constitution envisions: In exchange for a monopoly protected for fifty-six years, they created new work. But now these entities were using their power — expressed through the power of lobbyists' money — to get another twenty-year dollop of monopoly. That twenty-year dollop would be taken from the public domain. Eric Eldred was fighting a piracy that affects us all."

"Overregulation stifles creativity. It smothers innovation. It gives dinosaurs a veto over the future. It wastes the extraordinary opportunity for a democratic creativity that digital technology enables. In addition to these important harms, there is one more that was important to our forebears, but seems forgotten today. Overregulation corrupts citizens and weakens the rule of law. The war that is being waged today is a war of prohibition. As with every war of prohibition, it is targeted against the behavior of a very large number of citizens. According to The New York Times, 43 million Americans downloaded music in May 2002. According to the RIAA, the behavior of those 43 million Americans is a felony. We thus have a set of rules that transform 20 percent of America into criminals."

"There has never been a time in history when more of our "culture" was as "owned" as it is now. And yet there has never been a time when the concentration of power to control the uses of culture has been as unquestioningly accepted as it is now."

"A free culture has been our past, but it will only be our future if we change the path we are on right now. Like Stallman's arguments for free software, an argument for free culture stumbles on a confusion that is hard to avoid, and even harder to understand. A free culture is not a culture without property; it is not a culture in which artists don't get paid. A culture without property, or in which creators can't get paid, is anarchy, not freedom. Anarchy is not what I advance here. Instead, the free culture that I defend in this book is a balance between anarchy and control. A free culture, like a free market, is filled with property. It is filled with rules of property and contract that get enforced by the state. But just as a free market is perverted if its property becomes feudal, so too can a free culture be queered by extremism in the property rights that define it. That is what I fear about our culture today. It is against that extremism that this book is written."

"I believe it would be right for common sense to revolt against the extreme claims made today on behalf of "intellectual property." What the law demands today is increasingly as silly as a sheriff arresting an airplane for trespass. But the consequences of this silliness will be much more profound."

"This is not a left and right issue. This is the important thing to recognize: This is not about conservatives versus liberals. In our case, in Eldred, we have this brief filed by 17 economists, including Milton Friedman, James Buchanan, Ronald Kost, Ken Arrow, you know, lunatics, right? Left-wing liberals, right? Friedman said he'd only join if the word "no-brainer" existed in the brief somewhere, like this was a complete no-brainer for him. This is not about left and right. This is about right and wrong. That's what this battle is."

"If you don't do something now, this freedom that you built, that you spend your life coding, this freedom will be taken away. Either by those who see you as a threat, who then invoke the system of law we call patents, or by those who take advantage of the extraordinary expansion of control that the law of copyright now gives them over innovation. Either of these two changes through law will produce a world where your freedom has been taken away. And, If you can't fight for your freedom . . . you don't deserve it."

"J. C. Watts is the only black member of the Republican Party in leadership. He's going to resign from Congress. He's been there seven and a half years. He's had enough. Nobody can believe it. Nobody in Washington can believe it. ... In an interview two days ago, Watts said, Here's the problem with Washington: "If you are explaining, you are losing." If you are explaining, you're losing. It's a bumper sticker culture. People have to get it like that, and if they don't, if it takes three seconds to make them understand, you're off their radar screen. Three seconds to understand, or you lose. This is our problem. Six years after this battle began, we're still explaining. We're still explaining and we are losing. They frame this as a massive battle to stop theft, to protect property. ... They extend copyrights perpetually. They don't get how that in itself is a form of theft. A theft of our common culture. We have failed in getting them to see what the issues here are and that's why we live in this place where a tradition speaks of freedom and their controls take it away."

"It's insane. It's extreme. It's controlled by political interests. It has no justification in the traditional values that justify legal regulation. And we've done nothing about it. We're bigger than they are. We've got rights on our side. And we've done nothing about it. We let them control this debate. Here's the refrain that leads to this: They win because we've done nothing to stop it."

"Here's a story: There was a documentary filmmaker who was making a documentary film about education in America. And he's shooting across this classroom with lots of people, kids, who are completely distracted at the television in the back of the classroom. When they get back to the editing room, they realize that on the television, you can barely make out the show for two seconds; it's "The Simpsons," Homer Simpson on the screen. So they call up Matt Groening, who was a friend of the documentary filmmaker, and say, you know, Is this going to be a problem? It's only a couple seconds. Matt says, No, no, no, it's not going to be a problem, call so and so. So they called so and so, and so and so said call so and so. Eventually, the so and so turns out to be the lawyers, so when they got to the lawyers, they said, Is this going to be a problem? It's a documentary film. It's about education. It's a couple seconds. The so and so said 25,000 bucks. 25,000 bucks?! It's a couple seconds! What do you mean 25,000 bucks? The so and so said, I don't give a goddamn what it is for. $25,000 bucks or change your movie. Now you look at this and you say this is insane. It's insane. And if it is only Hollywood that has to deal with this, OK, that's fine. Let them be insane. The problem is their insane rules are now being applied to the whole world. This insanity of control is expanding as everything you do touches copyrights."

"Now, here's the thing you've got to remember. You've got to see this. This is the point. (And Jack Valenti misses this.) Here's the point: Never has it been more controlled ever. Take the addition, the changes, the copyrights turn, take the changes to copyrights scope, put it against the background of an extraordinarily concentrated structure of media, and you produce the fact that never in our history have fewer people controlled more of the evolution of our culture. Never."

"Here's a simple copyright lesson: Law regulates copies. What's that mean? Well, before the Internet, think of this as a world of all possible uses of a copyrighted work. Most of them are unregulated. Talking about fair use, this is not fair use; this is unregulated use. To read is not a fair use; it's an unregulated use. To give it to someone is not a fair use; it's unregulated. To sell it, to sleep on top of it, to do any of these things with this text is unregulated. Now, in the center of this unregulated use, there is a small bit of stuff regulated by the copyright law; for example, publishing the book — that's regulated. And then within this small range of things regulated by copyright law, there's this tiny band before the Internet of stuff we call fair use: Uses that otherwise would be regulated but that the law says you can engage in without the permission of anybody else. For example, quoting a text in another text — that's a copy, but it's a still fair use. That means the world was divided into three camps, not two: Unregulated uses, regulated uses that were fair use, and the quintessential copyright world. Three categories. Enter the Internet. Every act is a copy, which means all of these unregulated uses disappear. Presumptively, everything you do on your machine on the network is a regulated use. And now it forces us into this tiny little category of arguing about, "What about the fair uses? What about the fair uses?" I will say the word: To hell with the fair uses. What about the unregulated uses we had of culture before this massive expansion of control?"

"Law and technology produce, together, a kind of regulation of creativity we've not seen before."

"We have a massive system to regulate creativity. A massive system of lawyers regulating creativity as copyright law has expanded in unrecognizable forms, going from a regulation of publishing to a regulation of copying."

"Remember the refrain: We always build on the past; the past always tries to stop us. Freedom is about stopping the past, but we have lost that ideal."

"The meaning of this pattern is absolutely clear to those who pay to produce it. The meaning is: No one can do to the Disney Corporation what Walt Disney did to the Brothers Grimm. That though we had a culture where people could take and build upon what went before, that's over. There is no such thing as the public domain in the minds of those who have produced these 11 extensions these last 40 years because now culture is owned."

"Now the Disney Corporation could do this because that culture lived in a commons, an intellectual commons, a cultural commons, where people could freely take and build. It was a lawyer-free zone. It was culture, which you didn't need the permission of someone else to take and build upon. That was the character of creativity at the birth of the last century. It was built upon a constitutional requirement that protection be for limited times, and it was originally limited. Fourteen years, if the author lived, then 28, then in 1831 it went to 42, then in 1909 it went to 56, and then magically, starting in 1962, look — no hands, the term expands. Eleven times in the last 40 years it has been extended for existing works — not just for new works that are going to be created, but existing works. The most recent is the Sonny Bono copyright term extension act."

"Forget the 18th century, the 19th century, even at the birth of the 20th century. Here's my favorite example, here: 1928, my hero, Walt Disney, created this extraordinary work, the birth of Mickey Mouse in the form of Steamboat Willie. But what you probably don't recognize about Steamboat Willie and his emergence into Mickey Mouse is that in 1928, Walt Disney, to use the language of the Disney Corporation today, "stole" Willie from Buster Keaton's "Steamboat Bill." It was a parody, a take-off; it was built upon Steamboat Bill. Steamboat Bill was produced in 1928 — no 14 years — just take it, rip, mix, and burn, as he did to produce the Disney empire."

"That free culture was carried to America; that was our birth — 1790. We established a regime that left creativity unregulated. Now it was unregulated because copyright law only covered "printing." Copyright law did not control derivative work. And copyright law granted this protection for the limited time of 14 years."

"In 1774, free culture was born. In a case called Donaldson v. Beckett in the House of Lords in England, free culture was made because copyright was stopped. In 1710, the statute had said that copyright should be for a limited term of just 14 years. But in the 1740s, when Scottish publishers started reprinting classics — you gotta' love the Scots — the London publishers said "Stop!" They said, "Copyright is forever!"... These publishers demanded a common-law copyright that would be forever. In 1769, in a case called Miller v. Taylor, they won their claim, but just five years later, in Donaldson, Miller was reversed, and for the first time in history, the works of Shakespeare were freed, freed from the control of a monopoly of publishers. Freed culture was the result of that case."

"If you understand this refrain, you're gonna' understand everything I want to say to you today. It has four parts:"

"I am often accused of interfering in the private lives of citizens. Yes, if I did not, had I not done that, we wouldn't be here today. And I say without the slightest remorse, that we wouldn't be here, we would not have made economic progress, if we had not intervened on very personal matters - who your neighbour is, how you live, the noise you make, how you spit, or what language you use. We decide what is right. Never mind what the people think."

"[H]e was the most important Asian statesman of his generation, an achievement all the more remarkable for being based on the small state of Singapore. He had his own kind of democracy to be sure, but his strong commitment to free-market capitalism had done wonders for the tiny island which he governed."

"Lee Kuan Yew (born 1923) narrowly escaped execution by the occupying Japanese in 1942. Lee shaped the evolution of an impoverished, multiethnic port city at the edge of the Pacific, surrounded by hostile neighbors. Under his tutelage, Singapore emerged as a secure, well-administered and prosperous city-state with a shared national identity providing unity amid cultural diversity."

"An intellectual through and through, he had been the most brilliant schoolboy of his age in Singapore... He took a Double First in Law at Cambridge... Lee was brought up in English, which he speaks far better than most British politicians, and learned Mandarin as well as Malay only when he entered politics. Yet he is immensely proud that his Chinese ancestry makes him part of the oldest, and, as he would say, the greatest culture in the world. He is especially proud of being of the Hakka people, which originated in North China. The Hakka are the Prussians of China, and there is a lot of the Prussian in Lee Kuan Yew. He believes in discipline and hard work."

"I’m dead by then. There’ll be different voices, different standpoints, but I stand by my record. I did some sharp and hard things to get things right. Maybe some people disapproved of it. Too harsh, but a lot was at stake and I wanted the place to succeed, that’s all. At the end of the day, what have I got? A successful Singapore. What have I given up? My life."

"At the end of the day, if you are in Aljunied, ask yourself: Do you want one MP, one Non-Constituency MP, one celebrity who has been away 30 years, and two unknowns to look after you? Or would you prefer me and my hand-picked colleagues?"

"If Aljunied decides to go that way, well Aljunied has five years to live and repent."

"Hard Truths was a book based on 32 hours of interviews over a period of two years. I made this one comment on the Muslims integrating with other communities probably two or three years ago. Ministers and MPs, both Malay and non-Malay, have since told me that Singapore Malays have indeed made special efforts to integrate with the other communities, especially since 9/11, and that my call is out of date. I stand corrected. I hope that this trend will continue in the future."

"I have to speak candidly to be of value, but I do not want to offend the Muslim community... I think we were progressing very nicely until the surge of Islam came, and if you asked me for my observations, the other communities have easier integration – friends, inter-marriages and so on – than Muslims... I would say, today, we can integrate all religions and races, except Islam."

"The final verdict will not be in the obituaries. The final verdict will be when the PhD students dig out the archives, read my old papers, assess what my enemies have said, sift the evidence and seek the truth. I'm not saying that everything I did was right, but everything I did was for an honourable purpose"

"What if Mr Mah is unable to defend himself, he deserves to lose? No country in the world has given its citizens an asset as valuable as what we've given every family here. And if you say that policy is at fault, you must be daft."

"India is a creation of the British Raj and the railway system it built, and therefore it has its limitations."

"India is an intrinsic part of this unfolding new world order. India can no longer be dismissed as a “wounded civilisation”, in the hurtful phrase of a westernised non resident Indian author (V.S. Naipaul)."

"There is a conspiracy to do us in. Why?... They see us as a threat to the rest of Singapore."

"When you're Singapore and your existence depends on performance — extraordinary performance, better than your competitors — when that performance disappears because the system on which it's been based becomes eroded, then you've lost everything... I try to tell the younger generation that and they say the old man is playing the same record, we've heard it all before. I happen to know how we got here and I know how we can unscramble it."

"Singaporeans, if I can chose an analogy, we are the hard disk of a computer, the foreign talent are the megabytes you add to your storage capacity. So your computer never hangs because you got enormous storage capacity,"

"You know, the cure for all this talk is really a good dose of incompetent government. You get that alternative and you'll never put Singapore together again: Humpty Dumpty cannot be put together again... your asset values will disappear, your apartments will be worth a fraction of what they were, and our women will become maids in other people's countries, foreign workers."

"That was the year the British decided to get out and sell everything. So I immediately held an election. I knew the people will be dead scared. And I won my bet big-time."

"Without the elected president and if there is a freak result, within two or three years, the army would have to come in and stop it"

"When I call a man openly, you're a liar, you're dishonest, and you do not dare to sue me, there's something basically wrong. And I will repeat it anywhere and you can't go and say, oh, I have apologised; let's move on. Can you commit a dishonourable -- maybe even one which is against the law -- an illegal act and say, let's move on because I've apologised? You may move on but you're going to move on out of politics in time."

"Please do not assume that you can change governments. Young people don’t understand this."

"At the end of the day, we are so many digits in the machine. The point is – are these digits stronger than the competitors' digits?"