Professional Documents
Culture Documents
Daniel McDermott
29 September 2010
In the era of digital technology expressing one’s own creativity and even
manipulating other people’s creative works has become easier than ever before. With new
tools like computers, mp3 players, and the internet we gain new abilities, but with these
new abilities come new ethical questions. Is letting anyone with a computer and an
internet connection create art a good thing? Do we need to change existing copyright laws
to coincide with these new forms of media? In many circles around the country these and
other questions are being debated heatedly. Two of the most prevalent advocates for both
sides of the debate have written articles on the subject. Lawrence Lessig, a professor at
Harvard Law School, advocates citizen media and changing copyright laws. He expresses
this in his article “In Defense of Piracy” which was published in the Wall Street Journal.
Andrew Keen, an entrepreneur and veteran of Silicon Valley, on the other hand argues that
if everyone can create art, art and culture as a whole will be diluted. He published his
article, “Web 2.0”, in the Weekly Standard. While both have well thought out arguments
Andrew Keen, the author of “Web 2.0”, starts his article by comparing the ancient
seduction of Odysseus by the Sirens with the seductions of today such as the
counterculture movements of the ‘60s and the digital revolution of the ‘90s. He states that,
unlike Odysseus, we are not very good at resisting these temptations. He then tells us the
McDermott 2
new great seduction of the modern age, Web 2.0. Keen describes this seduction as “the
radical democratization of media”. As his article develops he states quite clearly why he
thinks this is an evil seduction which we must avoid. While he is definitely an expert in
his field and brings up many logical proofs, his article lacks the needed pathos to make it a
Keen is well practiced in aggressive writing, constantly attacking his opponents and
showing the reader why his opponents are wrong. While the saying goes the best defense
is a good offense, in this case it takes away from the reader’s sympathy toward Keen’s
argument. This is exemplified when Keen refers to Larry Lessig, the author of the other
point of view is a bad way to win converts over, more likely offending them than
persuading them. Generally Keen does a poor job of creating pathos; there are a couple of
exceptions, though. Throughout the article Keen builds a sense of fear about the coming of
web 2.0. At various times in “Web 2.0” he parallels this new technological movement with
socialism, comparing it to quotes by Marx and Kafka, both socialist thinkers, adding to the
sense of foreboding about the coming of web 2.0. Keen has a few emotional arguments,
Logically, Keen tears apart his competition. He is very good at pointing out irony.
He writes about a business associate who talks of smashing elitism in the media world by
advancing Web 2.0. Keen points out that this associate owns a four million dollar house
and that his children go to the most exclusive academy in the area. He also denotes that
Socrates, arguably the greatest thinker ever, warned about giving the masses the ability to
express themselves. Quoting the most logical person in the history of mankind about one’s
McDermott 3
topic really helps to get one’s main idea across. One more of his many logically based
arguments he brings up is that this internet phenomenon is entrenching people in their own
opinions and preferences, and not introducing people to new ideas. This is because of
things like personalized searches and ads where only the topics that interest the user are
readily available. Keen’s varied logical arguments are backed up by a very strong resume.
Keen has spent time in the academic world as well as the business world where he
started his own dotcom business. He has been in the online business since 1995 and is a
self-proclaimed Silicon Valley veteran. He is still on the inside of the business world
shown when he relates a business meeting with another entrepreneur about an investment
opportunity in Silicon Valley. While his previous experience is a strong testament to his
ethos he does not do as good of a job as he could reinforcing the idea as he writes. “Just as
communist utopia, so the Web 2.0 cult of creative self-realization has seduced everyone in
Silicon Valley” (Keen). This quote clearly demonstrates Keen coming across as a strong
right wing advocate with his constant Communist bashing remarks. He also refers to his
opponents as left wing radicals yet again bring to mind the Communist scares and the
McCarthyism of the 50s and 60s that did great damage to our country’s reputation. He
comes across as close minded and unrelenting in his position, which is an unattractive
While Keen writes a decently compelling argument, it lacks all the rhetorical
strategies that the book, They Say I Say wants to convey. A much better example of all the
strategies the book tries to convey is the article “In Defense of Piracy” by Lawrence
Lessig.
McDermott 4
“In Defense of Piracy” starts with an unbearably cute story of a mother and her
baby son. The mother catches her baby dancing to a song by Prince, films it, and puts it on
youtube to share with her family. Basically it becomes a very popular video on youtube.
Unfortunately the mother ends up having the video taken off of youtube and sued for
copyright violations for using Prince’s song without consent. Lessig comments on how
ridiculous this is, and then tells his readers what he would do to stop atrocities like this
from happening. Lessig says we need “…changes in law, and changes in us.” According
to Lessig lawsuits like this happen all the time. He explains why amending copyright laws
would improve our society culturally and economically. Lessig’s argument was well
constructed with good portions of ethos and logos, but the rhetorical strategy that he makes
Lessig does a wonderful job in his article of making the reader sympathetic to his
cause. He uses pathos like an expert when he tells the story about the mother and her
child. Everyone but the coldest reader’s hearts melts hearing about the cute little baby
dancing. Just as many readers’ hearts break hearing how a large ‘evil’ corporation ruined
this family’s fun and innocent video by taking it off the internet and slapping the mother
with a lawsuit. Lessig also does an excellent job of using loaded vocabulary. He turns
around his opponents’ quotes and opinions to claim that they are calling our children
terrorists and criminals. Lessig makes himself out to be the protector of our children in
this section and at the end, one of five changes to our society that he suggests is to
“Decriminalize Gen-X”. By the end of the article the reader feels that if he does not agree
His exceptional use of pathos is not Lessig’s only use of persuasion. His use of
McDermott 5
logic in “In Defense of Piracy” is quite sound. One excellent point that Lessig brings up is
the double standard when it comes to quoting music and writing. He states that it has
always been acceptable to quote other authors while writing, but when it comes to music a
musician is not allowed to quote or use pieces of music from another musician. This does
not make sense, so later in the article Lessig demonstrates how his argument contains more
logos than this hypocrisy. First he rationally argues that with previous inventions like the
record player and the rise of professional musicians the amateur artist was left in the dust.
With new technology and the web, Lessig asserts that we can turn this trend around and see
the reemergence of amateur artists, but only if we change copyright laws. After he shows
the cultural benefits of less regulated creativity he shares the economic benefits. All
economists know that more production equals a better economy. Today more people are
creating art at a faster pace then ever before. Lessig argues that if the laws were not so
harsh this growth would become a boom in creative productivity, and to top it off we
would not be spending as much on prevention measures. Overall Lessig puts together a
very logically compelling argument about his views without going overboard with too
many examples.
Dr. Lawrence Lessig is a professor at Harvard Law School and commands much
respect in the real world as well as the academic world. He has been studying and writing
about copyright laws and new technology for years. When he started writing this article in
the Wall Street Journal he already had excellent credentials, and he reinforced them as he
wrote. One extremely important fact that Lessig stresses about his argument is that it is
nonpolitical. He emphasizes this by stating that both the presidential campaigns of Obama
and McCain were negatively affected by ridiculous copyright laws. At the end of the
McDermott 6
article Lessig writes a list of changes he would suggest to make copyright laws more
effective and less cumbersome. This is a bold move, but one I think he can get away with
considering his reputation as an expert in the area, and the reinforcement of his ethos as he
writes.
Both Keen’s “Web 2.0” and Lessig’s “In Defense of Piracy” have strengths and
weaknesses. Lessig does an excellent job of creating sympathy for his argument by telling
heart breaking stories of injustice and turning his opponent’s words around so that it seems
they are calling children criminals. While Keen also uses loaded language he directs it at
his adversaries which is not as effective as Lessig’s use of loaded language, directing it at
children, at the expense of his opponents’ credibility. Logic is the one rhetorical strategy
that Keen uses quite well. He points out the irony of the elite trying to take down a system
that they are profiting from, and uses Socrates, one of the inventors of logical
argumentation, to advance his claims. Lessig also uses logos well, pointing out the cultural
and economic advantages of changed copyright laws. Both Lessig and Keen have
impeccable records outside of the articles, but while Lessig reinforces his ethos, Keen
They Say/I Say is a book that teaches students how to argue using the three main
rhetorical strategies, ethos, pathos, and logos. While Keen puts up a good logical fight,
and there are some signs of the use of pathos and ethos in his article, they are few and far
in between. Lessig, on the other hand, does a better job of using all the rhetorical strategies
mentioned in They/Say I Say and would make the best choice to add as an example in the
book.
McDermott 7
Works Cited
Keen, Andrew. “Web 2.0.” weeklystandard.com. Clarity Media Group. Feb. 15 2006. Sept.
21 2010. Web.