Freedom on All Layers
Freedom on code layer is particularly important in web environment, where the code determines how everything works on the other layers as well. Freedom on code layer would increase the development of new inventions on all layers, whereas increasing the control will not only hold back the inventions, but also decrease all other possibilities on Internet. The Internet could facilitate our communication and sharing of our ideas and works, connecting us to one another etc. The mere increase in scope and duration of copyright can, especially when applied to code of the software, deny us these possibilities. Controlling the code layer risks making Internet useless.
The other layers are important too. Just the control, especially the copyright control, of no matter what you want to share or use, has become increasingly tight with the new computer technology. What's the deal with the piratism these days? In fact, the non-commercial use of copyrighted material hasn't probably increased. We have always been able to show posters, share comic strips, copy music on tapes etc. What has increased, with new technology, are the possibilities to control all this. It was extremely difficult to control the copying of tapes, but it's way easier to track down the downloading of mp3. These are things that are not in first place tied to Internet or to code layer, but that have become more easy to share and to control with the new technology. They also show, that the increase of freedom on content layer is especially important now that we have developed technologies to share and control it. [Lessig]
In case of music, for example, the freedom on content layer can mean few things. Firstly, it means that you can take, copy and use you the music that has been made in the way you want. It doesn't mean the music should be free of charge. There can be a regulated charge you must pay in order to get the songs you wants. This is very normal, but once you have purchased the product, you should be able to copy it and use it. And this without asking a permission of the artist or the company that had recorded it. It is not necessary that the freedom on content layer would mean complete abolishment of the copyrights. Another thing it would mean would be shorter and less restricting copyrights. The freedom on code layer of music would simply mean that we would know how the songs are made and be able to use the same methods again, without permission of those who had recorded that song. The first part isn't that difficult with music. With software, it's very hard to see the code if it's not revealed, with books it's rather easy, and with music it's well possible. Many other musicians will hear the structure and melody, as well as what instruments have been used. However, the problem remains that it isn't legal to reuse it.
A ridiculous – and outrageous – example is “The Bitter Sweet Symphony” by The Verve. Very bizarrely it is now Jagger and Richards – the infamous duo from The Rolling Stones – who get the credit from this song. And all in spite of the fact that neither of these two was there writing the song. It is all because The Verve used a sample of Richard Oldham Orchestra recording of rolling Stones' “The Last Time”. You could assume a part of the credits going to the composer of the song sampled, but that all credits go to the writers of that song is insane. The melody of the song, the lyrics, pretty much anything weren't written by Richards and Jagger. Better yet, their “The Last Time” was very strongly based on “This May Be The Last Time” by The Staple Singers. In fact, here the song is so similar, that you can call it plagiarism. So, in fact, even “The Last Time” isn't really written by Jagger and Richards, but by the Staples. Isn't it a strange twist of law that two guys who had not really written neither of these two songs, “The Last Time” and “Bitter Sweet Symphony”, merely plagiarized one of them, have got the full credits for both.
Freedom on physical layer would mean, when talking about music, that there would be some possibilities to record and to play music even if you didn't own instruments or recording equipment. In other areas free physical layer is easy to see being of very high importance: for example, the use of the land and of the waterways.