This morning I reaquainted myself with some of Lessig's past talks in reaction to a post I was reviewing Steve Lohr had tweeted on transparency. Recently I had an important business meeting with a group of executives to discuss a potential business acquisition, which required their input. The transaction involved a great number of copyright and other issues requiring (or not requiring to the point of this post) voluminous contracts. One of the 5 or so significant reasons the proposed transaction I was attempting was not achieved was, according to this group, my being too "legalistic".
I only use this example to make a point about where our laws have gone and the practical implication this has on commerce; particularly when it applies to innovation and progress. Attempts at progress are being impeded reguarly as the result of laws which have become disconnected from their original intent. Ironically, when I was told I was being too "legalistic" you should know, I am not a lawyer and the opposing group has multitudes of them employed, including one in the room at the time. I simply ask a lot of questions about lengthy agreements, the terms of which are prepared by others and the implications of which are often ignored until something goes awry. If you don't understand where I am coming from, watch this video of Lessig as he shows a good example regarding a young woman's video on Youtube. So is it me being too legalistic or the world we live in ? Let me know. Perhaps upon viewing this you'll appreciate what I am refering to and next time reconsider where and when you play music and take pictures, these among many actions our law has deemed "illegal".