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Nonlawyers who hear one term applied to these various laws tend to assume they are based on a common principle and function similarly.

Since these laws developed independently, they are different in every detail, as well as in their basic purposes and methods.

If you want to think clearly about the issues raised by patents, or copyrights, or trademarks, the first step is to forget the idea of lumping them together, and treat them as separate topics.

In ordinary language, to call a copyright a "property" right is a bit misleading, for the property of copyright is an odd kind of property. . . . I understand what I am taking when I take the picnic table you put in your backyard. I am taking a thing, the picnic table, and after I take it, you don't have it. But what am I taking when I take the good idea you had to put a picnic table in the backyard—by, for example, going to Sears, buying a table, and putting it in my backyard? What is the thing that I am taking then? The point is not just about the thingness of picnic tables versus ideas, though that is an important difference. The point instead is that in the ordinary case—indeed, in practically every case except for a narrow range of exceptions—ideas released to the world are free. I don't take anything from you when I copy the way you dress—though I might seem weird if I do it every day. . . . Instead, as Thomas Jefferson said (and this is especially true when I copy the way someone dresses), "He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me."

arguments that Lessig has with the hard-core proponents of intellectual property are almost all arguments about where and when the line should be drawn between the right to copy and the right to protection from copying, not whether a line should be drawn.

when it comes to literature, we have somehow decided that copying is never acceptable.

A successful music executive has to understand the distinction between borrowing that is transformative and borrowing that is merely derivative, and that distinction, I realized, was what was missing from the discussion of Bryony Lavery's borrowings.

problem with plagiarism. It is not merely extremist. It has also become disconnected from the broader question of what does and does not inhibit creativity.

But the truth is that Lavery has every right to create an affair for Agnetha, because Agnetha is not Dorothy Lewis. She is a fictional character, drawn from Lewis's life but endowed with a completely imaginary set of circumstances and actions.

dred and seventy-five rather ordinary words could bring the walls tumbling down.

in literature, the courts will look at substantiality of the excerpt rather than mere volume

These digital activities should not be the sole measure of tenure, but they should be counted in the tenure formula. The irony today is that if the open activity is analog (e.g., participation on a committee), it likely counts toward tenure, but if the open activity is digital (e.g., writing an academic blog), it probably does not.

They will push at (and leak out of) the boundaries of whatever learning management system (or other enterprise systems) the institution wants them to use. This is not because they are uncooperative; it's simply that these enterprise systems tend to be locked down, allowing only employees and students to share within these environments

For me, an interesting side effect of sharing on the open web is that I've learned to be more careful about what I say and write.

Looking for indicators of open digital faculty is easier than coming up with a strict definition. The presence of several of the following characteristics should be taken as an indication of open digital faculty: Writing a public blog or maintaining a public wiki to share academic interests Freely sharing what might otherwise be guarded intellectual property (e.g., textbooks, research-in-progress, computer programs, course materials, artwork) Participating in a learning community in a social networking platform (e.g., Twitter or LinkedIn discussion groups) Participating in a social network that includes students, both current and past (e.g., Facebook) Encouraging students to participate in class-related projects that employ web-based media (e.g., student blogs, group wikis) Creating or participating in open courses Sharing video or audio content created for a course (e.g., podcasts) Sharing information and ideas from conference talks on the web (e.g., recordings, tweets, presentation links)

fair use requires judgment.

if the user “transforms” the material in some way, repurposing it in a new media composition, for instance, then fair use likely applies.

or did it just repeat the work for the same intent and value as the original?

Students’ use of copyrighted material should not be a substitute for creative effort.

in the basic forms, as well as in the content of people's thinking.

The early 1930

had experienced the conditions necessary to alter radically the content and form of their thought.

we expected that they would display a predominance of those forms of thought that come from activity that is guided by the physical features of familiar objects.

Therefore we began, as most field work with people does, by emphasizing contact with the people who would serve as our subjects. We tried to establish friendly relations so that experimental sessions seemed natural and non-threatening. We were particularly careful not to conduct hasty or unprepared presentations of the test materials.

As a rule, our experimental sessions began with long conversations which were sometimes repeated with the subjects in the relaxed atmosphere of a tea house, where the villagers spent most of their free time, or in camps in the field and in mountain pastures around the evening campfire. These talks were frequently held in groups. Even when the interviews were held with one person, the experimenter and other subjects made up a group of two or three who listened attentively to the person being interviewed and who sometimes offered remarks or comments on what he said. The talk often took the form of a free-flowing exchange of opinion between participants, and a particular problem might be solved simultaneously by two or three subjects, each proposing an answer. Only gradually did the experimenters introduce the prepared tasks, which resembled the “riddles” familiar to the population and therefore seemed like a natural extension of the conversation.

He characterized primitive thinking as “prelogical” and “loosely organized.” Primitive people were said to be indifferent to logical contradiction and dominated by the idea that mystical forces control natural phenomena

We conceived the idea of carrying out the first far-reaching study of intellectual functions among adults from a non-technological non-literate, traditional society

hamlets

nomad

1. Women living in remote villages who were illiterate and who were not involved in any modern social activities. There were still a considerable number of such women at the time our study was made. Their interviews were conducted by women, since they alone had the right to enter the women's quarters. 2. Peasants living in remote villages who were in no way involved with socialized labor and who continued to maintain an individualistic economy. These peasants were not literate. 3. Women who attended short-term courses in the teaching of kindergarteners. As a rule, they had no formal schooling and almost no training in literacy. 4. Active kolhoz (collective farm) workers and young people who had taken short courses. They were involved as chairmen running collective farms, as holders of other offices on the, collective farm, or as brigade leaders. They had considerable experience in planning production, distributing labor, and taking stock of output. By dealing with other collective farm members, they had acquired a much broader outlook than isolated peasants. But they had attended school only briefly, and many were still barely literate. 5. Women students admitted to teachers school after two or three years of study. Their educational qualifications, however, were still fairly low.

Short-term psychological experiments would have been highly problematic under the field conditions we expected to encounter