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That is what Lawrence Lessig, the Harvard University law professor and renowned open-access advocate, told a theater of higher ed technologists Thursday at the 2009 Educause Conference here. In his talk, Lessig described how digital and Web technology has exploded the conditions under which copyright law had been written.
“If copyright law, at its core, regulates something called ‘copies,’ then in the analog world… many uses of culture were copyright-free,” he explained. “They didn’t trigger copyright law, because no copy was made. But in the digital world, very few uses are copyright-free because in the digital world … all uses produce a copy.”
The paradigm for copyright law enforcement emerged out of this "analog world" as a way of ensuring authors were remunerated for their contributions to culture, thereby creating an incentive to make further contributions and drive the progress on human art and discovery forward, he said.