Derivative as Original

It was with some amusement (momentary irritation?) that I read of Spencer Ante's critique of Lawrence Lessig's work, Remix.

What, exactly, is derivative? I remember an art teacher who was very fond of the word. But even then, too many years ago, I knew that it was through coming to understand what is that we reach for what can be. It's creative process. Snipped at the point of observation, constrained to a passive acceptance, there is no continuum.

Surely, evolution is derivative. Is creationism what happens when one must merely accept, instead of engage?

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More to the point, not having read Remix yet, but with an understanding of the Creative Commons, I note that we must deal with these issues. Ponder the affect on social constructs that evolves from a generation that engages beyond what the law allows. Lest we be complacent in assuming "the kids" just don't understand, know that mainstream thinkers also observe--in some surprisingly conservative companies--that protecting the dollar value of IP may actually work against innovation.

New rule: it's not one or the other. How do we balance ownership and rights with extrapolation and innovation?