i read an earlier article re lessig posted at info anarchy on this case; i finally remembered where I heard a lot of these issues before (stimulating innovation by protecting those who innovate vs. stimulating innovation by allowing derivation, etc.).
Hip-hop. Gilbert O'Sullivan vs. Biz Markie.
in the early years of rap, lots of cases re samplng of old records by new ones; eventually the copyright holders pretty much got their way, if I'm not mistaken. hope it doen't happen again.
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