¶ 1 Leave a comment on paragraph 1 0 1. There are many print and electronic versions of Raymond’s legendary essay available, which he first presented in May 1997, but the most appropriate would be the version on his own website, complete with a list of changes over the years; see Eric Raymond, “The Cathedral and the Bazaar,” Eric S. Raymond’s Home Page, 21 May 1997, catb.org/~esr/writings/homesteading/cathedral-bazaar/
¶ 4 Leave a comment on paragraph 4 0 4. Nelson, Literary Machines: The Report on, and of, Project Xanadu Concerning Word Processing, Electronic Publishing, Hypertext, Thinkertoys, Tomorrow’s Intellectual Revolution, and Certain Other Topics Including Knowledge, Education and Freedom (self published, 1983), chap. 2, 38.
¶ 7 Leave a comment on paragraph 7 0 7. Locke’s phrase in the Second Treatise was “no one ought to harm another in his life, health, liberty, or possessions” (John Locke, Second Treatise of Government, ed. Crawford Brough Macpherson [Hackett Publishing, 1980], 9.)
¶ 9 Leave a comment on paragraph 9 0 9. For an overview of some of the odd twists and turns in early property law in the United States, see Lawrence M. Friedman, A History of American Law (Touchstone, 1986), 234–44.
¶ 16 Leave a comment on paragraph 16 0 16. Fisher divides these into four perspectives that currently dominate theoretical writing about intellectual property: utilitarianism; labor theory; personality theory; and social planning theory. See Fisher, “Theories of Intellectual Property.”
¶ 22 Leave a comment on paragraph 22 0 22. See Michel Foucault, “What Is an Author?” in Language, Counter-Memory, Practice, ed. Donald F. Bouchard, trans. Sherry Simon (Cornell University Press, 1980), 113–8.
¶ 23 Leave a comment on paragraph 23 0 23. See Jaszi, “Who Cares Who Wrote Shakespeare,” American University Law Review 37 (1987): 617, and James D. A. Boyle, “Search for an Author: Shakespeare and the Framers,” American University Law Review 37 (1987): 625.
¶ 27 Leave a comment on paragraph 27 0 27. See U.S. Patent and Trademark Office, Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual, Property Rights, Sept. 1995, www.uspto.gov/go/com/doc/ipnii/
¶ 28 Leave a comment on paragraph 28 0 28. John Perry Barlow, “The Economy of Ideas: a Framework for Patents and Copyrights in the Digital Age (Everything you Know about Intellectual Property Is Wrong),” Wired 2.03, 1994, 349.
¶ 31 Leave a comment on paragraph 31 0 31. A similar intellectual trajectory was adopted by Barack Obama when he became president of the Harvard Law Review in 1989, just as Lessig was assuming his first faculty position at the University of Chicago.
¶ 36 Leave a comment on paragraph 36 0 36. Julian Dibbell, “A Rape in Cyberspace: How an Evil Clown, a Haitian Trickster Spirit, Two Wizards, and a Cast of Dozens Turned a Database into a Society,” The Village Voice 23, 21Dec. 1993, 36–42.
¶ 39 Leave a comment on paragraph 39 0 39. See Christian Zapf and Eben Moglen, “Linguistic Indeterminacy and the Rule of Law: On the Perils of Misunderstanding Wittgenstein,” Georgetown Law Journal 84 (1995): 485.
¶ 41 Leave a comment on paragraph 41 0 41. “Bill Gates once told me that the way to make money in the computer business is by setting de facto standards, by which he meant proprietary standards” (Cringely, “I, Cringely . The Pulpit . Tactics Versus Strategy | PBS,” I, Cringely, 2 Sept. 1999, www.pbs.org/cringely/pulpit/1999/pulpit_19990902_000622.html
¶ 42 Leave a comment on paragraph 42 0 42. “The question is not whether Mr. Gates can strain to see even further―the evidence so far suggests not―but whether his skill at making money in the slipstream of other people’s technological vision will serve him as well in the next decade as it has for the past two” (“I Have a Dream,” The Economist, 25 Nov. 1995, 65).
¶ 45 Leave a comment on paragraph 45 0 45. See “Linux,” Wikipedia en.wikipedia.org/wiki/Linux, and Glyn Moody, Rebel Code: Linux and the Open Source Revolution (Basic Books, 2002), 190–91. Also see Michael Tiemann, “History of the OSI | Open Source Initiative,” www.opensource.org/history.
¶ 46 Leave a comment on paragraph 46 0 46. According to Tiemann, “The immediate chain of events that was to lead to the formation of OSI began with the publication of Eric Raymond’s paper The Cathedral and the Bazaar in 1997″ (Tiemann, “History of the OSI | Open Source Initiative”).
¶ 47 Leave a comment on paragraph 47 0 47. “The ‘utility function’ Linux hackers are maximizing is not classically economic but is the intangible of their own ego satisfaction and reputation among other hackers. (One may call their motivation altruistic’, but this ignores the fact that altruism is itself a form of ego satisfaction for the altruist). Voluntary cultures that work this way are not actually uncommon; one other in which I have long participated is science fiction fandom, which unlike hackerdom explicitly recognizes `egoboo’ (the enhancement of one’s reputation among other fans) as the basic drive behind volunteer activity”.(Raymond, “The Cathedral and the Bazaar.”)
¶ 49 Leave a comment on paragraph 49 0 49. Several more of these aphorisms refer to internal states: “4. If you have the right attitude, interesting problems will find you,” for example, and “18. To solve an interesting problem, start by finding a problem that is interesting to you.”
¶ 50 Leave a comment on paragraph 50 0 50. The piece does in various ways acknowledge and elaborate the obvious values of cooperation and sharing and thus has to somehow distance itself from the more simplistic forms of romantic individualism. But the idea of creativity is still very much heroic and Promethean. Consider this passage: “The only way to try for ideas like that is by having lots of ideas―or by having the engineering judgment to take other peoples’ good ideas beyond where the originators thought they could go. . . . Andrew Tanenbaum had the original idea to build a simple native Unix for the 386, for use as a teaching tool. Linus Torvalds pushed the Minix concept further than Andrew probably thought it could go — and it grew into something wonderful. In the same way (though on a smaller scale), I took some ideas by Carl Harris and Harry Hochheiser and pushed them hard. Neither of us was ‘original’ in the romantic way people think is genius. But then, most science and engineering and software development isn’t done by original genius, hacker mythology to the contrary. The results were pretty heady stuff all the same―in fact, just the kind of success every hacker lives for! And they meant I would have to set my standards even higher.” [Raymond, “The Cathedral and the Bazaar”]
¶ 51 Leave a comment on paragraph 51 0 51. See en.wikipedia.org/wiki/Usage_share_of_web_browsers. Also John Borland, “Browser Wars: High Price, Huge Rewards,” ZDNet News & Blogs, 15 Apr. 2003, news.zdnet.com/2100-3513_22-128738.html.
¶ 54 Leave a comment on paragraph 54 0 54. See Graham Lea, “MS’ Ballmer: Linux Is Communism,” The Register, 31 July 2000, www.theregister.co.uk/2000/07/31/ms_ballmer_linux_is_communism/, and Michael Kanellos, “Gates Taking a Seat in Your Den–CNET News,” CNet News, 5 Jan. 2005, news.cnet.com/Gates-taking-a-seat-in-your-den/2008-1041_3-5514121.html
¶ 63 Leave a comment on paragraph 63 0 63. See Milton Mueller, “Info-Communisim? Ownership and Freedom in the Digital Economy,” First Monday 137 Apr. 2008, firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/2058/1956
¶ 66 Leave a comment on paragraph 66 0 66. Kevin Werbach, Open Spectrum: The New Wireless Paradigm, working paper, Spectrum Series (New America Foundation, 2002), werbach.com/docs/new_wireless_paradigm.htm.
¶ 67 Leave a comment on paragraph 67 0 67. See Micah L. Sifry, “The Rise of Open-Source Politics: Thanks to Web-Savvy Agitators, Insiderism and Elitism Are under Heavy Attack,” The Nation, 22 Nov. 2004.
¶ 69 Leave a comment on paragraph 69 0 69. See Larry Rohter, “Gilberto Gil Hears the Future, Some Rights Reserved,” The New York Times, 11 Mar. 2007, www.nytimes.com/2007/03/11/arts/music/11roht.html?_r=1 and “Brazilian Government Invests in Culture of Hip-Hop,” The New York Times, 14 Mar. 2007, www.nytimes.com/2007/03/14/arts/music/14gil.html