directly quoting Jefferson here, I am translating what he said to modern English and omitting a bit, but I have not put any words in his mouthâJefferson said all these things.)
The first thing to note is that Jefferson may have been the first to say, in essence, âInformation wants to be free!â (Jefferson attributed this will to nature, not information, but the sentiment was the same.) Thus, all those people who dismiss this claim as absurd have some explaining to do.
The second is that while Jefferson repeatedly says âidea,â his logic applies equally to, say, a catchy tune or phrase and thus pretty much everything we commonly call âintellectual property lawâ (mostly copyright, trademarks, and patents).
The third is that, surprisingly (especially to me!), Jefferson is just as crazy as I am:
           ⢠  By their very nature, ideas cannot be property.
           ⢠  The government has no duty to make laws about them.
           ⢠  The laws we do make arenât all that successful.
If Jefferson wasnât happy with the comparatively modest laws of 1813, can anyone seriously suggest that he wouldnât be furious with the expansionist laws of today? Forget the Free Software Foundation and the Creative Commons; Jefferson would be out there advocating armed resistance and impeaching the justices that voted against Eldred ! (OK, maybe not, but heâd certainly do more than write copyright licenses.)
Itâs true that in Jeffersonâs day there were no movies or networks, but there were certainly books and inventions. People made their livelihoods as writers or inventors. Itâs difficult to argue that Jefferson would change his mind now on economic groundsâif anything,I suspect that upon seeing the ease of sharing ideas over the Internet, he would argue for less restrictive laws, not more.
Jefferson thought these laws were contrary to human nature when they only affected people with large workshops or commercial printing pressesâimagine how angry he would be when he saw that these laws restricted practically everyone, even doing perfectly unobjectionable things (like teaching your AIBO to dance or making a documentary ).
Now perhaps folks will find Jefferson as easy an argument for ad hominem attack as they found me. And just because Jefferson said it doesnât make it trueâobviously his views were even the subject of some discussion at the time. But when the suggestions of our third president are called âa ball of self-justification,â âbullshit,â âthe far left,â âselfishness,â âshallow,â those of a âmoron,â âdisgusting,â a âmisunderstandingâ of the law (!), and âimmoralâ, you sort of have to stop and wonder: what in the world is going on?
Guerilla Open Access Manifesto
July 2008, Eremo, Italy
Age 21
The Guerilla Open Access Manifesto was written at a 2008 meeting of librarians in Italy. Aaron published it on his blog but later removed it. The manifesto played an important role in Aaronâs prosecution: the government intended to use it at trial to establish Aaronâs motive for downloading JSTOR articles, arguing that he had intended to release the articles to the public. Although it was widely attributed to him, Aaronâs role in the manifestoâs creationâand whether it reflected his later viewsâwas a contentious issue in the course of the legal proceedings. âBenjamin Mako Hill and Seth Schoen
Information is power. But like all power, there are those who want to keep it for themselves. The worldâs entire scientific and cultural heritage, published over centuries in books and journals, is increasingly being digitized and locked up by a handful of private corporations. Want to read the