X-Git-Url: http://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/7050028a0c2bc7ab0f1736a7542852634e490abf..63923ff0fcd23179f4131232fb8adeca7c3f0757:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 3471393..2712eba 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -52,8 +52,8 @@ - The Penguin Press -
New York
+ Petter Reinholdtsen +
Oslo
 @@ -124,7 +124,7 @@ Appeals. --> - 1-59420-006-8 + 978-82-92812-XX-Y - - - -You can buy a copy of this book by clicking on one of the links below: - - -Amazon -B&N -Penguin - - - - @@ -165,7 +151,7 @@ Code: And Other Laws of Cyberspace -To Eric Eldred—whose work first drew me to this cause, and for whom +To Eric Eldred — whose work first drew me to this cause, and for whom it continues still. @@ -1550,7 +1536,7 @@ flourish. As American graphic novelist Judd Winick said to me, The early days of comics in America are very much like what's going on in Japan now. … American comics were born out of copying each -other. … That's how [the artists] learn to draw—by going into comic +other. … That's how [the artists] learn to draw — by going into comic books and not tracing them, but looking at them and copying them and building from them. @@ -1646,8 +1632,8 @@ The term intellectual property is of relatively recent or Siva Vaidhyanathan, Copyrights and Copywrongs, 11 (New York: New York University Press, 2001). See also Lawrence Lessig, The Future of Ideas (New York: Random House, 2001), 293 n. 26. The term accurately -describes a set of property rights—copyright, patents, -trademark, and trade-secret—but the nature of those rights is +describes a set of property rights — copyright, patents, +trademark, and trade-secret — but the nature of those rights is very different. A large, diverse society cannot survive without property; a large, @@ -3779,9 +3765,10 @@ and how much p2p sharing harms before we know how strongly the law should seek to either prevent it or find an alternative to assure the author of his profit. -innovation -Fanning, Shawn +Fanning, Shawn +innovation +Napster Peer-to-peer sharing was made famous by Napster. But the inventors of the Napster technology had not made any major technological innovations. Like every great advance in innovation on the Internet @@ -3802,6 +3789,9 @@ Christensen's ideas, see Lawrence Lessig, Future, 89&ndas put together components that had been developed independently. +Kazaa +Napsternumber of registrations on +Napsterreplacement of The result was spontaneous combustion. Launched in July 1999, Napster amassed over 10 million users within nine months. After eighteen months, there were close to 80 million registered users of the @@ -3822,6 +3812,7 @@ users to make content available to any number of other users. With a p2p system, you can share your favorite songs with your best friend— or your 20,000 best friends. + According to a number of estimates, a huge proportion of Americans have tasted file-sharing technology. A study by Ipsos-Insight in @@ -4206,14 +4197,13 @@ found only with time. just what you call type A sharing? -You would think. And we should hope. But so far, it is not. The - effect +You would think. And we should hope. But so far, it is not. The effect of the war purportedly on type A sharing alone has been felt far -beyond that one class of sharing. That much is obvious from the - Napster -case itself. When Napster told the district court that it had - developed -a technology to block the transfer of 99.4 percent of identified +beyond that one class of sharing. That much is obvious from the +Napster case itself. When Napster told the district court that it had +developed a technology to block the transfer of 99.4 percent of +identified + infringing material, the district court told counsel for Napster 99.4 percent was not good enough. Napster had to push the infringements @@ -4304,7 +4294,7 @@ Congress chose a path that would assure -Betamax +Betamax cassette recordingVCRs In the same year that Congress struck this balance, two major @@ -4377,6 +4367,7 @@ Copyright Infringements (Audio and Video Recorders), 485 (testimony of Jack Valenti). + It took eight years for this case to be resolved by the Supreme Court. In the interim, the Ninth Circuit Court of Appeals, which @@ -5744,9 +5735,12 @@ room of over 250 well-entertained judges. Taking an ominous tone, he began his talk with a question: Do you know how many federal laws were just violated in this room? -Boies, David -Alben, Alex +Alben, Alex +Boies, David +Court of AppealsNinth Circuit +Ninth Circuit Court of Appeals +Napster For of course, the two brilliantly talented creators who made this film hadn't done what Alben did. They hadn't spent a year clearing the rights to these clips; technically, what they had done violated the @@ -6464,7 +6458,7 @@ weaken the right or regulation. I represented it with this diagram:
How four different modalities of regulation interact to support or weaken the right or regulation. - +
Madonna @@ -6593,7 +6587,8 @@ driving.
Law has a special role in affecting the three. - + +
architecture, constraint effected through @@ -6656,7 +6651,8 @@ Internet:
Copyright's regulation before the Internet. - + +
architecture, constraint effected through lawas constraint modality @@ -6701,7 +6697,8 @@ looting that results.
effective state of anarchy after the Internet. - + +
Commerce, U.S. Department of regulationas establishment protectionism @@ -7024,14 +7021,14 @@ started here:
Copyright's regulation before the Internet. - +
We will end here:
<quote>Copyright</quote> today. - +
Let me explain how. @@ -7526,7 +7523,7 @@ empty circle.
All potential uses of a book. - +
booksthree types of uses of copyright lawcopies as core issue of @@ -7550,7 +7547,7 @@ acts do not make a copy.
Examples of unregulated uses of a book. - +
Obviously, however, some uses of a copyrighted book are regulated @@ -7571,7 +7568,7 @@ that remain unregulated because the law considers these fair uses.
Republishing stands at the core of this circle of possible uses of a copyrighted work. - +
Constitution, U.S.First Amendment to First Amendment @@ -7587,12 +7584,12 @@ for public policy (and possibly First Amendment) reasons.
Unregulated copying considered <quote>fair uses.</quote> - +
Uses that before were presumptively unregulated are now presumptively regulated. - +
copyrightusage restrictions attached to @@ -7930,7 +7927,7 @@ a button at the bottom called Permissions.
Picture of an old version of Adobe eBook Reader - +
If you click on the Permissions button, you'll see a list of the @@ -7938,7 +7935,7 @@ permissions that the publisher purports to grant with this book.
List of the permissions that the publisher purports to grant. - +
@@ -7957,7 +7954,7 @@ translation): Aristotle's Politics.
E-book of Aristotle;s <quote>Politics</quote> - +
According to its permissions, no printing or copying is permitted @@ -7966,7 +7963,7 @@ the book.
List of the permissions for Aristotle;s <quote>Politics</quote>. - +
Future of Ideas, The (Lessig) Lessig, Lawrence @@ -7978,7 +7975,7 @@ Ideas:
List of the permissions for <quote>The Future of Ideas</quote>. - +
No copying, no printing, and don't you dare try to listen to this book! @@ -8064,7 +8061,7 @@ following report:
List of the permissions for <quote>Alice's Adventures in Wonderland</quote>. - +
@@ -8413,7 +8410,7 @@ and bad uses.
VCR/handgun cartoon. - +
Conrad, Paul @@ -8536,7 +8533,7 @@ media. Before this change happened, the different forms of media were owned by separate media companies. Now, the media is increasingly owned by only a few companies. Indeed, after the changes that the FCC announced in June 2003, most expect that within a few years, we will -live in a world where just three companies control more than percent +live in a world where just three companies control more than 85 percent of the media. @@ -8627,7 +8624,7 @@ pattern better than a thousand words could do:
Pattern of modern media ownership. - +
@@ -8819,6 +8816,9 @@ depend fundamentally upon the press to help inform Americans about these issues. advertising +commercials +televisionadvertising on +Nick and Norm anti-drug campaign Beginning in 1998, the Office of National Drug Control Policy launched a media campaign as part of the war on drugs. The campaign produced @@ -8848,6 +8848,10 @@ money. Assume a group of concerned citizens donates all the money in the world to help you get your message out. Can you be sure your message will be heard then? +Constitution, U.S.First Amendment to +First Amendment +Supreme Court, U.S.on television advertising bans +televisioncontroversy avoided by No. You cannot. Television stations have a general policy of avoiding controversial ads. Ads sponsored by the government are deemed @@ -8874,24 +8878,29 @@ without reviewing them. The local ABC affiliate, WJOA, originally agreed to run the ads and accepted payment to do so, but later decided not to run the ads and returned the collected fees. Interview with Neal Levine, 15 October 2003. These restrictions are, of course, not -limited to drug policy. See, for example, Nat Ives, On the Issue of -an Iraq War, Advocacy Ads Meet with Rejection from TV Networks, New -York Times, 13 March 2003, C4. Outside of election-related air time -there is very little that the FCC or the courts are willing to do to -even the playing field. For a general overview, see Rhonda Brown, Ad -Hoc Access: The Regulation of Editorial Advertising on Television and -Radio, Yale Law and Policy Review 6 (1988): 449–79, and for a -more recent summary of the stance of the FCC and the courts, see -Radio-Television News Directors Association v. FCC, 184 F. 3d 872 +limited to drug policy. See, for example, Nat Ives, On the +Issue of an Iraq War, Advocacy Ads Meet with Rejection from TV +Networks, New York Times, 13 March +2003, C4. Outside of election-related air time there is very little +that the FCC or the courts are willing to do to even the playing +field. For a general overview, see Rhonda Brown, Ad Hoc Access: +The Regulation of Editorial Advertising on Television and +Radio, Yale Law and Policy Review 6 +(1988): 449–79, and for a more recent summary of the stance of +the FCC and the courts, see Radio-Television News Directors +Association v. FCC, 184 F. 3d 872 (D.C. Cir. 1999). Municipal authorities exercise the same authority as the networks. In a recent example from San Francisco, the San Francisco transit authority rejected an ad that criticized its Muni -diesel buses. Phillip Matier and Andrew Ross, Antidiesel Group Fuming -After Muni Rejects Ad, SFGate.com, 16 June 2003, available at -link #32. The ground -was that the criticism was too controversial. +diesel buses. Phillip Matier and Andrew Ross, Antidiesel Group +Fuming After Muni Rejects Ad, SFGate.com, 16 June 2003, +available at link +#32. The ground was that the criticism was too +controversial. + + I'd be happy to defend the networks' rights, as well—if we lived in a media market that was truly diverse. But concentration in the @@ -10013,7 +10022,7 @@ creativity generally. Free market and free culture depend upon vibrant competition. Yet the effect of the law today is to stifle just this kind of competition. The effect is to produce an overregulated culture, just as the effect of too much control in the market is to -produce an overregulatedregulated market. +produce an overregulated-regulated market. The building of a permission culture, rather than a free culture, is @@ -12705,7 +12714,7 @@ unfair. But the punch in the face felt exactly like that.
Tom the Dancing Bug cartoon - + Bolling, Ruben
@@ -15573,24 +15582,37 @@ grateful for her perpetual patience and love. -THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street New -York, New York +This digital book was published by Petter Reinholdtsen in 2014. + + +The original hardcover paper book was published in 2004 by The Penguin +Press, a member of Penguin Group (USA) Inc. 375 Hudson Street New +York, New York. -Copyright © Lawrence Lessig. All rights reserved. +Copyright © Lawrence Lessig. Some rights reserved. + + +This version of Free Culture is licensed under +a Creative Commons license. This license permits non-commercial use of +this work, so long as attribution is given. For more information +about the license, click the icon above, or visit +http://creativecommons.org/licenses/by-nc/1.0/ -Excerpt from an editorial titled The Coming of Copyright Perpetuity, -The New York Times, January 16, 2003. Copyright -© 2003 by The New York Times Co. Reprinted with permission. +Excerpt from an editorial titled The Coming of Copyright +Perpetuity, The New York Times, January +16, 2003. Copyright © 2003 by The New York Times Co. Reprinted +with permission. -Cartoon in by Paul Conrad, copyright Tribune -Media Services, Inc. All rights reserved. Reprinted with permission. +Cartoon in by Paul +Conrad, copyright Tribune Media Services, Inc. All rights +reserved. Reprinted with permission. -Diagram in courtesy of the office of FCC -Commissioner, Michael J. Copps. +Diagram in +courtesy of the office of FCC Commissioner, Michael J. Copps. Library of Congress Cataloging-in-Publication Data @@ -15606,54 +15628,79 @@ p. cm. Includes index. - -ISBN 1-59420-006-8 (hardcover) - -1. Intellectual property—United States. 2. Mass media—United States. + + + + + ISBN + Format / MIME-type + + + + + 978-82-92812-XX-Y + text/plain + + + + 978-82-92812-XX-Y + application/pdf + + + 978-82-92812-XX-Y + text/html + + + 978-82-92812-XX-Y + application/epub+zip + + + 978-82-92812-XX-Y + application/docbook+xml + + + 978-82-92812-XX-Y + application/x-mobipocket-ebook + + + + + -3. Technological innovations—United States. 4. Art—United States. I. Title. +1. Intellectual property—United States. -KF2979.L47 +2. Mass media—United States. -343.7309'9—dc22 +3. Technological innovations—United States. -This book is printed on acid-free paper. +4. Art—United States. I. Title. -Printed in the United States of America +KF2979.L47 2004 -1 3 5 7 9 10 8 6 4 +343.7309'9—dc22 2003063276 + -Designed by Marysarah Quinn +The source of this version of the text is written using DocBook +notation and the other formats are derived from the DocBook source. +The DocBook source is based on a DocBook XML version created by Hans +Schou, and extended with formatting and index references by Petter +Reinholdtsen. The source files of this book is available as +a +github project. &translationblock; - -Without limiting the rights under copyright reserved above, no part of -this publication may be reproduced, stored in or introduced into a -retrieval system, or transmitted, in any form or by any means -(electronic, mechanical, photocopying, recording or otherwise), -without the prior written permission of both the copyright owner and -the above publisher of this book. - - -The scanning, uploading, and distribution of this book via the -Internet or via any other means without the permission of the -publisher is illegal and punishable by law. Please purchase only -authorized electronic editions and do not participate in or encourage -electronic piracy of copyrighted materials. Your support of the -author's rights is appreciated. -