Lessig, in his book Remix, contrasts two types of culture: read only and read and write. He points out the current situation in which young people are engaging in an illegal activity that they deem ethical, such as music downloading. He argues the idea of a war on piracy has calcified our position to go hard and go all the way. However, he believes the effort should be aimed at finding the right balance between protecting certain rights while allowing the development of culture through individuals that choose to take part in the writing (and rewriting) of culture. Lessig argues that as new generations construct their idea of culture, they are more open to the idea of texts that are not fully and permanently controlled by their creators.
I think the whole picture of this book is based on what we call Confucian ethics as it highlights the relationships in society above the individual. Well, I would even say not so much above as determining. There is no individual without relationships. There is no ethics if it is not exemplified through actions within a social context.
When it comes to creation and culture, a Confucian approach would value the sharing on insight and shared knowledge above whatever wealth or fame a person may receive from hoarding the rights over their text (be it a song, a book, a program, etc). Many people find this to be a clearer picture of the digital reality we live in. Ess mentions FLOSS (free/libre/open source software) as evidence that many people, particularly younger generations, ascribe to this type of thinking by believing that it is much more enriching to the whole of society to release one’s rights over a certain element than it is to cling to one’s capacity to scream “MINE!” like an out of control toddler.
I do see value in his argument, but I have my doubts about how this would work as a general rule (and not like an exception) in our present society were ownership is so closely tied to the capacity of a person to achieve happiness (thanks Locke).