Internet Industries Are ‘Content Creators’ Too

Earlier this year, the House Judiciary Committee launched a “comprehensive review” to examine the role of technology and existing copyright laws in innovation. Their first set of hearings included only representatives from the music, movie and visual arts communities.

Today we had the chance to testify. (View written testimony and watch the webcast.)

We told Congress that copyrightable content is not only works of art and literature, movies and music. It also includes all of the software code written by professional computer programmers.

We told Congress about the importance of developers, open source and individual users.

We told Congress that they can’t exclude ordinary citizens from the discussion about copyright. If they only focus on the traditional “content industry,” they miss out on the Internet – the greatest engine of new content creation that the world has ever seen.

We told Congress that there are many business models for using copyrighted content to achieve success. Some business models rely on exclusive control of their content. Other business models rely on the widespread sharing and dissemination of their work. We need to make sure that the conversation doesn’t focus on just one business model to the detriment of others.

We told them that if we restrict sharing, we also restrict innovation.

At Rackspace, we know about both sides of this story. Three years ago, we decided to become both a technology company and also a content provider. At the time, Rackspace was looking for a new technology foundation to build our next generation cloud computing system. We joined forces with NASA to create OpenStack – and made it available for everyone to use.

OpenStack has grown so rapidly that it’s not only used by NASA, but by other operations across the federal government. The project is directly responsible for tens of thousands of new American jobs and has driven billions of dollars of growth and investment.

This massive contribution to innovation is the result not of exclusive and tight control over this copyrighted content, but of the deliberate spreading and dissemination of the efforts of each OpenStack contributor.

At Rackspace, we believe in and respect copyright. We’re on the front lines of the battle against copyright infringers and other online criminals. We employ dedicated teams that take enforcement actions every day under the Digital Millennium Copyright Act as well as our own even stricter Acceptable Use Policy.

But we also believe that shared creative expression plays an essential role in our society. There are many new content creators and many new business models. We need to respect them all. Let’s make sure we empower all of America’s industries – and citizens – to innovate.

Van Lindberg served as Vice President and Associate General Counsel for Rackspace, where he served in both legal and technical roles, until 2017. As associate general counsel, Lindberg oversaw the Intellectual Property program, directing Rackspace's strategy and policy around patent, copyright, trademark, trade secret and open source matters. He also headed Rackspace's patent reform lobbying efforts. On the technical side, Lindberg co-chaired the company’s Technical Career Track program, or TCT, a leadership development program for the most highly skilled technical Rackers. He offered technical strategy and ecosystem engagement, identified emerging technologies, separating out differentiating versus non-differentiating product elements and using open source strategies to be more competitive. Previously, Lindberg worked for the international corporate law firm Haynes and Boone, LLP, where he wrote "Intellectual Property and Open Source,” and grew the firm's open source practice. He also did intellectual property transactional work, patent prosecution, litigation and post-grant actions (ex parte and inter partes reexams/reviews). In 2012, the American Bar Association Journal named him one of "America's Top 12 Techiest Attorneys." Lindberg served on the board of the Python Software Foundation, the board of the OpenStack Foundation, and was the first chair of the Docker Governance Advisory Board.


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