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	<title>Ruling Imagination: Law and Creativity &#187; invention</title>
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	<description>The ways law rules creative endeavors and the ways law itself is a creative endeavor</description>
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		<title>Mark Twain on invention</title>
		<link>http://blogs.geniocity.com/friedman/2010/02/mark-twain-on-invention/</link>
		<comments>http://blogs.geniocity.com/friedman/2010/02/mark-twain-on-invention/#comments</comments>
		<pubDate>Wed, 03 Feb 2010 01:05:29 +0000</pubDate>
		<dc:creator>pfriedman</dc:creator>
				<category><![CDATA[creativity]]></category>
		<category><![CDATA[originality]]></category>
		<category><![CDATA[influence]]></category>
		<category><![CDATA[invention]]></category>
		<category><![CDATA[Mark Twain]]></category>
		<category><![CDATA[patents]]></category>

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		<description><![CDATA[It takes a thousand men to invent a telegraph, or a steam engine, or a phonograph, or a photograph, or a telephone, or any other Important thing&#8211;and the last man gets the credit and we forget the others. He added his little mite&#8211;that is all he did. - letter to Anne Macy. Reprinted in Anne Sullivan Macy, The Story Behind Helen Keller (Garden City, N.Y.: Doubleday, Doran, and Co., 1933),<a href="http://blogs.geniocity.com/friedman/2010/02/mark-twain-on-invention/">&#160;<b>Read more</b></a>]]></description>
			<content:encoded><![CDATA[<blockquote><p>It takes a thousand men to invent a telegraph, or a steam engine, or a phonograph, or a photograph, or a telephone, or any other Important thing&#8211;and the last man gets the credit and we forget the others. He added his little mite&#8211;that is all he did.</p></blockquote>
<p>- letter to Anne Macy. Reprinted in Anne Sullivan Macy, The Story Behind Helen Keller (Garden City, N.Y.: Doubleday, Doran, and Co., 1933), p.162.</p>
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		<title>The Great Emancipator, 200-year-old mashup artist</title>
		<link>http://blogs.geniocity.com/friedman/2009/02/the-great-emancipator-200-year-old-mashup-artist/</link>
		<comments>http://blogs.geniocity.com/friedman/2009/02/the-great-emancipator-200-year-old-mashup-artist/#comments</comments>
		<pubDate>Thu, 12 Feb 2009 06:23:42 +0000</pubDate>
		<dc:creator>pfriedman</dc:creator>
				<category><![CDATA[legal history]]></category>
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		<category><![CDATA[Abraham Lincoln]]></category>
		<category><![CDATA[collaboration]]></category>
		<category><![CDATA[innovation]]></category>
		<category><![CDATA[invention]]></category>
		<category><![CDATA[printing]]></category>
		<category><![CDATA[technology]]></category>

		<guid isPermaLink="false">http://blogs.geniocity.com/friedman/?p=1530</guid>
		<description><![CDATA[Reflecting on Abraham Lincoln’s 200th birthday, I’ve made the startling discovery that he was not only an inventor but that he espoused ideas that constitute one of this blog’s principal themes — that innovation and progress require the technical capacity and the legal freedom to exploit existing knowledge. I hadn’t learned in school or in the many books I’ve read about him since that Lincoln  is the only President to<a href="http://blogs.geniocity.com/friedman/2009/02/the-great-emancipator-200-year-old-mashup-artist/">&#160;<b>Read more</b></a>]]></description>
			<content:encoded><![CDATA[<p><a href="http://2.bp.blogspot.com/_LJKYXFsoKu8/SZQJtgrxhMI/AAAAAAAAAYw/4j2o8SfMAss/s1600-h/abraham-lincoln-picture-jpg--Barack-Obama.jpeg" onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}"><img id="BLOGGER_PHOTO_ID_5301873338794214594" style="margin: 0pt 10px 10px 0pt; float: left; cursor: pointer; width: 246px; height: 361px;" src="http://2.bp.blogspot.com/_LJKYXFsoKu8/SZQJtgrxhMI/AAAAAAAAAYw/4j2o8SfMAss/s400/abraham-lincoln-picture-jpg--Barack-Obama.jpeg" border="0" alt="" /></a></p>
<p>Reflecting on Abraham Lincoln’s 200th birthday, I’ve made the startling discovery that he was not only an inventor but that he espoused ideas that constitute one of this blog’s principal themes — that innovation and progress require the technical capacity and the legal freedom to exploit existing knowledge.</p>
<p>I hadn’t learned in school or in the many books I’ve read about him since that Lincoln <a href="http://showcase.netins.net/web/creative/lincoln/education/patent.htm" target="_blank"> is the only President to have applied for and received a patent</a>. It was for a device to lift boats over shoals. In fact, throughout his life Lincoln was fascinated by mechanical devices. William H. Herndon, his law partner, wrote that Lincoln “evinced a decided bent toward machinery or mechanical appliances, a trait he doubtless inherited from his father who was himself something of a mechanic and therefore skilled in the use of tools.”</p>
<p><a href="http://www.thelincolnlog.org/view/1859/2" target="_blank">On February 11, 1859</a> (on the eve of his 50th birthday and precisely 150 years prior to the moment at which  I am writing this post), Lincoln delivered a lecture on “Discoveries and Inventions” in Jacksonville, Illinois. Published as the “<a href="http://quod.lib.umich.edu/cgi/t/text/text-idx?c=lincoln;rgn=div1;view=text;idno=lincoln3;node=lincoln3%3A87" target="_blank">Second Lecture on Discoveries and Inventions</a>,” Lincoln described the U.S. as the embodiment of a youthful vitality that caused some to think it “conceited and arrogant” but also made it “the inventor and owner of <em>the present</em>, and sole hope of <em>the future</em>.”</p>
<p>Lincoln attributed this extraordinary national role to America’s capacity for innovation:</p>
<blockquote><p>The great difference between Young America and Old Fogy, is the result of <em>Discoveries, Inventions, and Improvements.</em></p></blockquote>
<p>But Lincoln didn’t consider America’s talent for innovation to be the product of some unprecedented national genius. Instead, its inventiveness resulted from the recognition that innovation <em>requires </em>using and building on earlier innovation. Thus, speaking of the invention of the steam engine, Lincoln made clear that his comparison of “Young America” to “Old Fogies” was ironic:</p>
<blockquote><p>[W]as this first inventor of the application of steam, wiser or more ingenious than those who had gone before him? Not at all. Had he not learned much of them, he never would have succeeded—probably, never would have thought of making the attempt. To be fruitful in invention, it is indispensable to have a habit of observation and reflection; and this habit, our steam friend acquired, no doubt, from those who, to him, were old fogies.</p></blockquote>
<p>Furthermore, while humans instinctively exchange knowledge, the progression from speech to writing to printing was indispensable to “facilitating all other inventions and discoveries”:</p>
<blockquote><p>When man was possessed of speech alone, the chances of invention, discovery, and improvement, were very limited; but by the introduction of each of these, they were greatly multiplied. When writing was invented, any important observation, likely to lead to a discovery, had at least a chance of being written down, and consequently, a better chance of never being forgotten; and of being seen, and reflected upon, by a much greater number of persons; and thereby the chances of a valuable hint being caught, proportionally augmented. By this means the observation of a single individual might lead to an important invention, years, and even centuries after he was dead. In one word, by means of writing, the seeds of invention were more permanently preserved, and more widely sown. And yet, for the three thousand years during which printing remained undiscovered after writing was in use, it was only a small portion of the people who could write, or read writing; and consequently the field of invention, though much extended, still continued very limited. At length printing came. It gave ten thousand copies of any written matter, quite as cheaply as ten were given before; and consequently a thousand minds were brought into the field where there was but one before. This was a great gain; and history shows a great change corresponding to it, in point of time. I will venture to consider it, the true termination of that period called ”the dark ages.” Discoveries, inventions, and improvements followed rapidly, and have been increasing their rapidity ever since.</p></blockquote>
<p>It is easy to imagine, then, that Lincoln would revel in the capacity of today’s technology to copy and disseminate information world-wide in mere moments. Without the technological capacity to pass knowledge across time and space, “[i]t is very probable—almost certain—that the great mass of men . . . were utterly unconscious, that their conditions, or their minds were incapable of improvement. They not only looked upon the educated few as superior beings; but they supposed themselves to be naturally incapable.”</p>
<p>But it was knowledge, not intelligence, they lacked.  Lincoln knew innovation is not the product of individual genius towering above the mass of humanity.  It is a collaborative enterprise that grows from one person’s creative use of someone else’s invention, which itself appropriated another’s discovery that was inspired by something written across the world in an earlier century.  To think it could be otherwise is to enslave humanity not on a plantation but in ignorance:</p>
<blockquote><p>To emancipate the mind from this false and under estimate of itself, is the great task which printing came into the world to perform. It is difficult for us, now and here, to conceive how strong this slavery of the mind was; and how long it did, of necessity, take, to break its shackles, and to get a habit of freedom of thought, established.</p></blockquote>
<p>It is even more difficult for us, for whom the printing press seems the equivalent of cuneiform.  But if we are to overcome the challenges we face, we must embrace the full potential of the technology that makes it so easy to improvise on the creations of others.  It is improvisation and reworking and remixing that leads to innovation and progress.</p>
<p>Who knew that Remix Culture is merely an appropriation of Abraham Lincoln’s thinking, that the Great Emancipator believed that for humans to be truly free  knowledge must be free too?</p>
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