Candace Hare

“ Solum's argument is utopian, to be sure; it would be a foolish assumption to consider Creative Commons as the end of all overprotective copyright laws or the death of the media corporations' extended hold on cultural information. What the open licensing movement does create, however, is a space in which those interested in free information can congregate, collaborate, and share. Through the combined efforts of concerned citizens the world over, cultural and technical knowledge can be distributed and accessed easily and legally using growing technology as a help rather than a hindrance. ”

“ The digital divide can take place within communities or even on a national level, but it seems to be always due to economic factors. From the poor members of North American communities to the struggling citizens of lesser developed countries, if there is a lack of funds, there is little way to get access to the network which is gradually becoming the world's main avenue for current information.
Even within the sphere of society which has access to all the latest technology, there still exists a barrier which prevents much of the available information from being internalised, used, and shared. ”

“ The future of copyright and the public domain is surely still to be revealed as the war against Internet piracy continues and copyright laws gradually increase in duration. The "copyfight" is far from losing steam, however, as Creative Commons licences are becoming more popular and prevalent throughout the Internet, and many individuals are actively campaigning for the benefits of nurturing the public domain. ”

“ Not every person who employs a Creative Commons license for their work is doing it solely for economic gain. Andy Raskin maintains that "whatever the reason, every artist who embraces Creative Commons helps to build its brand. It is a classic case of network effects: As more of the licenses appear on the web, the collective value of the Creative Commons body of work increases, which creates greater incentives for other artists to use the licenses" (Raskin, 2004, 15) . ”

“ Viability of open licenses
Though many people and corporations consider the concept of an open licensing system foolish, it remains a fact that open licensing opportunities would not be so popular if those using them did not feel it served their interests in some way. A popular example of the way open licensing can benefit creators economically rather than hurt them, is the way in which writer Cory Doctorow published his first novel simultaneously in print and as a free download via a Creative Commons licence. ”

“ The response to this state of affairs has been varied; activities range from outright piracy by those unwilling to accept digital lockdowns, to an attempt at some sort of balance with the emergence of new kinds of copyright licenses, such as Creative Commons. The "copyfight", as it is known, is far from over, as the issues at stake refuse to be resolved easily. Through digital restrictions, and despite dominant corporations, there are an increasing number of people aiming to bring information to the public and have it free for use. ”

“ As mentioned earlier, there is a Creative Commons license called the Developing Nations License, which can be implemented by anyone licensing a work. This license allows those in developing countries to use the work for creative, cultural, and developmental purposes, while still retaining full copyright in developed countries.
The distinction made with the Developing Nations License is important, because many creators may feel uncomfortable with the thought of putting their work or ideas entirely into the public domain, especially in regards to the commercially driven developed world. ”

“ As the body of work offered through Creative Commons grows, the ideals behind such open licenses will spread and become more commonplace. Through many of the avenues offered to creators by Creative Commons, commercial rights are maintained while other uses remain possible, allowing many people to benefit from the creativity on the global network today. ”

“ Every invention and artwork of imperial Europe was free for reproduction and acquisition in the USA. No developing nation today enjoys this privilege. A combination of international copyright, patent, and trademark laws have robbed developing nations of the autonomy that would allow them to embark on a program of self-improvement comparable to that of America's in its first century as a nation. ”

“ Lessig and others within the Creative Commons organisation feel that the public domain is something dwindling in today's society, which creates a situation potentially detrimental to culture at large. ”

“ Using methods of free and collaborative information seems a fitting way to try to bring about changes in copyright legislation for developing countries. One does not, however, need to be a member of an NGO at a WIPO meeting to help improve developing countries' access to information. ”

“ Quite obviously the question at stake is not whether or not the RIAA is allowed to aggressively combat piracy. What Lessig and other "copyfighters" take issue with is the fact that potentially liberating technology is being crippled by the assumption that everyone using it will exploit it to steal, pirate, and otherwise compromise the commercial endeavours of copyright holders. ”

“ Artists looking for inspiration or raw material, and readers looking for a book to peruse are not the only people who can benefit from information found through Creative Commons and the public domain. Many Lesser Developed Countries (LDCs) are unable to access potentially useful information due to the strict copyright terms designed and instituted by wealthier, developed nations. ”

“ Lawrence Lessig, Professor of Law at Stanford University, claims that another type of digital divide exists not in accessing information and technology, but in the ability (or lack thereof) to use that information and control the technology that makes it available. Lessig addresses this in his book Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity: "The greatest digital divide is not in access to the 'box' but the ability to be empowered with the language of the 'box' ”

“ There are some people and organisations which wish to work alongside the new technology. They recognise that the Internet and its universal access to cheap and instantaneous distribution will not disappear in the near future, and so work with the technology's potential to open up more possibilities and opportunities. ”

“ Therefore, under current copyright terms, virtually nothing created in the last 150 years has entered into the public domain. It is not a stretch of the imagination to postulate that many of the works still protected are long-forgotten endeavours which are no longer proving to be commercially rewarding to either the creator or the creator's children. ”

“ Increased copyright laws have not only made it more difficult for people in the west to get access to information, but it has become a severe problem in LDCs. The intellectual property laws for international agreements on copyright greatly limit access of information to countries which cannot otherwise afford to pay for it. ”

“ Swift advances in technology over the past decades have vastly changed how many of the world's inhabitants search for, retrieve, use, and share information. Communication networks have changed all aspects of our society, from personal exchanges to international business. ”

“ The corporations are unleashing a stream of lawsuits which do not appear to be effectively halting online piracy. Likewise, the average users (pirates or otherwise) must live in a digital world where a large portion of their technology is prevented from operating at full potential. ”

“ Ingrid Hering remarks in her article Report Claims IP Harms Development, that "the [UK Commission on Intellectual Property Rights] declared that the IP system erects barriers to many products and technologies that developing countries need" (Herring, 2002, 3) . Cory Doctorow illustrates this situation in WorldChanging: A User's Guide to the 21st Century:
For the first hundred years of its post-Revolutionary existence, America was a land of merry piracy. ”

“ Instead, rebuttals were crafted on the local network. NGO members would collaboratively take notes and formulate rebuttals to arguments made by WIPO members, and forward this information to the NGO member who was next called to speak. In this way, the people working for the rights of developing countries were able to have strength through shared knowledge and information (Doctorow, 2005) . ”