Culture and Copyright in the 21st Century

On 24 March, 2009 Lawrence Lessig delivered the keynote speech, Getting the Network the World Needs, at the OFC Conference in San Diego, CA. This is a revision of a REMIX talk, distinguishing between parts of the 20th Century that were Read-Only and parts that were Read-Write. His brilliantly delivered thesis discusses how culture prior to the 20th century was essentially read-write, everyone consumed and created the culture interactively. During the 20th century centralization and control of media and distribution transformed our culture to a read only - where creation was almost exclusively the province of professionals and professional distribution channels (tv, movies, music). He then suggests that the 21st century brings the promise and the demand for building a read-write culture once more, and for moving far beyond the mash-up of the past decade. He also discusses the necessary legal and infrastructural changes needed to accommodate this changed reality. Warner Music has tried to serve a DCMA takedown, based on his inclusion of some music and media clips - despite the obvious and clear "fair use".

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What you can do with a philosophy degree.

Philosophy majors are not getting rich, but they're able to buy enough food to allow them to sit around and ponder things.   Truth be told, philosophy majors are at the bottom of the list in starting salaries.  As someone who majored in philosophy, I found these statistics to be of interest.   In…

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George Orwell’s contributions to clear legal writing

Best known for his dystopia, 1984, George Orwell cared deeply about language. A good example is Orwell's "Politics and the English Language."  Judith D. Fischer reviewed Orwell’s contributions to the use of plain English in legal writing in “Why George Orwell’s Ideas About Language Still Matter for Lawyers.” Montana Law…

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Legal consequences of failing to read fine print

For the past couple years, I have had the privilege of working as a consumer attorney.  I’ve occasionally written about some of the topics I’ve encountered as a consumer lawyer.  In this post, I’ll address another issue that I commonly encounter in my practice: illegible forms full of fine print that deprive consumers of fundamental rights.

What provoked this topic is a lawsuit I am currently handling.  My client sued a payday lender based on a payday loan that she alleges the defendant repeatedly processed and renewed in violation of the payday lending laws of Missouri.  This is a big deal to my client and to all of the numerous potential class members of this class action.  Why is it important?  For starters, this particular payday lender (and many others) charged 469% interest.  This is not a typo.  I have often asked friends and acquaintances whether they’ve heard of payday loans.  They usually say they have heard of those sorts of businesses.  I then ask them how much interest they think payday lenders charge.  Most people say something like this:

“Oh, I hear that it is an exorbitant rate of interest, perhaps 25%.” 

They are shocked to hear that it is legal to charge consumers 400 or 500% interest on a small consumer loans.  They are shocked to hear that some of these companies make it part of their business plan to repeatedly violate Missouri lending laws.  They are also shocked at one other thing, the topic of this post.  …

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