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I want to talk about
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what we learn from conservatives.
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And I'm at a stage in life where I'm yearning for my old days,
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so I want to confess to you
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that when I was a kid,
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indeed, I was a conservative.
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I was a Young Republican, a Teenage Republican,
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a leader in the Teenage Republicans.
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Indeed, I was the youngest member
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of any delegation
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in the 1980 convention that elected Ronald Reagan
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to be the Republican nominee for president.
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Now, I know what you're thinking.
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(Laughter)
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You're thinking, "That's not what the Internets say."
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You're thinking, "Wikipedia doesn't say this fact."
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And indeed, this is just one of the examples
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of the junk that flows across the tubes
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in these Internets here.
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Wikipedia reports that this guy,
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this former congressman from Erie, Pennsylvania
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was, at the age of 20, one of the youngest people
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at the Republican National Convention,
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but it's just not true.
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(Laughter)
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Indeed, it drives me so nuts, let me just change this little fact here.
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(Laughter)
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(Applause)
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All right. Okay, so ... perfect.
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Perfect.
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(Laughter)
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Okay, speaker Lawrence Lessig, right.
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Okay.
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Finally, truth will be brought here.
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Okay, see? It's done. It's almost done. Here we go.
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"... Youngest Republican," okay, we're finished.
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That's it. Please save this.
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Great, here we go.
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And ... Wikipedia is fixed, finally.
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Okay, but no, this is really besides the point.
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(Applause)
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But the thing I want you to think about when we think about conservatives --
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not so much this issue of the 1980 convention --
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the thing to think about is this:
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They go to church.
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Now, you know, I mean, a lot of people go to church.
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I'm not talking about that only conservatives go to church.
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And I'm not talking about the God thing.
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I don't want to get into that, you know; that's not my point.
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They go to church, by which I mean,
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they do lots of things for free for each other.
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They hold potluck dinners.
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Indeed, they sell books about potluck dinners.
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They serve food to poor people.
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They share, they give,
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they give away for free.
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And it's the very same people
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leading Wall Street firms
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who, on Sundays, show up
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and share.
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And not only food, right.
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These very same people
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are strong believers, in lots of contexts,
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in the limits on the markets.
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They are in many important places
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against markets.
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Indeed, they, like all of us, celebrate this kind of relationship.
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But they're very keen that we don't
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let money drop into that relationship,
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else it turns into something like this.
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They want to regulate us, those conservatives,
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to stop us from allowing the market to spread in those places.
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Because they understand:
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There are places for the market
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and places where the market should not exist,
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where we should be free
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to enjoy the fellowship of others.
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They recognize: Both of these things have to live together.
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And the second great thing about conservatives:
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they get ecology.
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Right, it was the first great Republican president of the 20th century
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who taught us about
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environmental thinking -- Teddy Roosevelt.
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They first taught us about ecology
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in the context of natural resources.
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And then they began to teach us in the context of
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innovation, economics.
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They understand, in that context,
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"free." They understand "free" is an important
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essential part of the
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cultural ecology as well.
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That's the thing I want you to think about them.
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Now, I know
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you don't believe me, really, here.
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So here's exhibit number one.
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I want to share with you my latest hero, Julian Sanchez,
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a libertarian who works at the, for many people,
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"evil" Cato Institute.
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Okay, so Julian made this video.
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He's a terrible producer of videos,
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but it's great content, so I'm going to give you a little bit of it.
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So here he is beginning.
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Julian Sanchez: I'm going to make an observation about the way
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remix culture seems to be evolving ...
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Larry Lessig: So what he does is he begins to tell us
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about these three videos.
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This is this fantastic Brat Pack remix
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set to Lisztomania.
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Which, of course, spread virally.
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Hugely successful.
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(Music)
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And then some people from Brooklyn saw it.
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They decided they wanted to do the same.
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(Music)
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And then, of course, people from San Fransisco saw it.
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And San Franciscans thought they had to do the same as well.
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(Music)
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And so they're beautiful, but this libertarian
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has some important lessons he wants us to learn from this.
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Here's lesson number one.
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JS: There's obviously also something really deeply great about this.
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They are acting in the sense that they're
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emulating the original mashup.
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And the guy who shot it obviously has a strong eye
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and some experience with video editing.
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But this is also basically just a group of friends
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having an authentic social moment
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and screwing around together.
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It should feel familiar and kind of resonate
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for anyone who's had a sing-a-long or a dance party
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with a group of good friends.
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LL: Or ...
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JS: So that's importantly different from the earlier videos we looked at
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because here, remix isn't just about
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an individual doing something alone in his basement;
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it becomes an act of social creativity.
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And it's not just that it yields
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a different kind of product at the end,
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it's that potentially it changes the way that we relate to each other.
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All of our normal social interactions
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become a kind of invitation
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to this sort of collective expression.
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It's our real social lives themselves
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that are transmuted into art.
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LL: And so then, what this libertarian draws from these two points ...
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JS: One remix is about
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individuals using our shared culture
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as a kind of language to communicate something to an audience.
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Stage two, social remix,
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is really about using it to mediate
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people's relationships to each other.
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First, within each video,
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the Brat Pack characters are used as a kind of template
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for performing the social reality of each group.
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But there's also a dialogue between the videos,
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where, once the basic structure is established,
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it becomes a kind of platform
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for articulating the similarities and differences
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between the groups' social and physical worlds.
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LL: And then, here's for me,
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the critical key to what
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Julian has to say ...
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JS: Copyright policy isn't just about
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how to incentivize the production
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of a certain kind of artistic commodity;
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it's about what level of control
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we're going to permit to be exercised
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over our social realities --
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social realities that are now inevitably
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permeated by pop culture.
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I think it's important that we
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keep these two different kinds of public goods in mind.
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If we're only focused on how to maximize
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the supply of one,
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I think we risk suppressing
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this different and richer
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and, in some ways, maybe even more important one.
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LL: Right. Bingo. Point.
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Freedom needs this opportunity
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to both have the commercial success
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of the great commercial works
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and the opportunity
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to build this different kind of culture.
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And for that to happen, you need
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ideas like fair use to be central and protected,
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to enable this kind of innovation,
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as this libertarian tells us,
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between these two creative cultures,
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a commercial and a sharing culture.
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The point is they, he, here,
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gets that culture.
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Now, my concern is, we Dems,
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too often, not so much.
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All right, take for example this great company.
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In the good old days when this Republican ran that company,
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their greatest work was work that built on the past, right.
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All of the great Disney works
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were works that took works that
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were in the public domain and remixed them,
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or waited until they entered the public domain to remix them,
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to celebrate this add-on remix creativity.
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Indeed, Mickey Mouse himself, of course,
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as "Steamboat Willie,"
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is a remix of the then, very dominant,
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very popular "Steamboat Bill"
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by Buster Keaton.
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This man was a remixer extraordinaire.
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He is the celebration and ideal
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of exactly this kind of creativity.
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But then the company passes
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through this dark stage
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to this Democrat.
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Wildly different.
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This is the mastermind behind
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the eventual passage of what we call
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the Sonny Bono Copyright Term Extension Act,
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extending the term of existing copyrights
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by 20 years,
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so that no one could do to Disney
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what Disney did to the Brothers Grimm.
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Now, when we tried to challenge this,
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going to the Supreme Court, getting the Supreme Court, the bunch of conservatives there --
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if we could get them to wake up to this -- to strike it down,
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we had the assistance of Nobel Prize winners
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including this right-wing
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Nobel Prize winner, Milton Friedman,
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who said he would join our brief
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only if the word "no brainer"
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was in the brief somewhere.
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(Laughter)
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But apparently, no brains
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existed in this place
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when Democrats passed and signed
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this bill into law.
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Now, tiny little quibble of a footnote:
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Sonny Bono, you might say, was a Republican,
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but I don't buy it.
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This guy is no Republican.
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Okay, for a second example,
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think about this cultural hero,
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icon on the Left,
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creator of this character.
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Look at the site that he built: "Star Wars" MashUps,
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inviting people to come and use their creative energy
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to produce a new generation of attention
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towards this extraordinarily important cultural icon.
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Read the license.
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The license for these remixers
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assigns all of the rights
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to the remix back to Lucas.
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The mashup is owned by Lucas.
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Indeed, anything you add to the mashup,
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music you might add,
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Lucas has a worldwide perpetual right
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to exploit that for free.
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There is no creator here to be recognized.
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The creator doesn't have any rights.