Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-q6k6v Total loading time: 0 Render date: 2024-07-08T12:59:01.275Z Has data issue: false hasContentIssue false

5 - .commons

Published online by Cambridge University Press:  05 June 2012

Lawrence Lessig
Affiliation:
C. Wendell and Edith Carlsmith Professor of Law, Stanford Law School
John N. Drobak
Affiliation:
Washington University, School of Law
Get access

Summary

I start with the words of someone famous, and then an account of the deeds of someone not quite so famous, as a way of framing an argument about the commons in cyberspace.

First the words.

In a letter written late in his life, Thomas Jefferson, the first commissioner of the patent office, commenting about the limited scope of patents, had this to say about the very idea of protecting something like an idea:

If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possess the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lites his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement, or exclusive appropriation. […]

Type
Chapter
Information
Norms and the Law , pp. 89 - 104
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • .commons
    • By Lawrence Lessig, C. Wendell and Edith Carlsmith Professor of Law, Stanford Law School
  • Edited by John N. Drobak, Washington University, School of Law
  • Book: Norms and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617720.006
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • .commons
    • By Lawrence Lessig, C. Wendell and Edith Carlsmith Professor of Law, Stanford Law School
  • Edited by John N. Drobak, Washington University, School of Law
  • Book: Norms and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617720.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • .commons
    • By Lawrence Lessig, C. Wendell and Edith Carlsmith Professor of Law, Stanford Law School
  • Edited by John N. Drobak, Washington University, School of Law
  • Book: Norms and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617720.006
Available formats
×