* emphasis ?
* quotes ?
-->
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+<!DOCTYPE book PUBLIC "-//OASIS//DTD DocBook XML V4.2//EN"
+"http://www.oasis-open.org/docbook/xml/4.2/docbookx.dtd"
+[
+ <!ENTITY copy "©">
+]>
<!--
-->
<para>
LAWRENCE LESSIG
(<ulink url="http://www.lessig.org/">http://www.lessig.org</ulink>),
-professor of law and a John A.
-Wilson Distinguished Faculty Scholar at Stanford Law School, is founder of the
-Stanford Center for Internet and Society and is chairman of the Creative
- Commons
+professor of law and a John A. Wilson Distinguished Faculty Scholar
+at Stanford Law School, is founder of the Stanford Center for Internet
+and Society and is chairman of the Creative Commons
(<ulink url="http://creativecommons.org/">http://creativecommons.org</ulink>).
-The author of The Future of Ideas (Random
-House, 2001) and Code: And Other Laws of Cyberspace (Basic Books, 1999), Lessig
-is a member of the boards of the Public Library of Science, the Electronic Frontier
-Foundation, and Public Knowledge. He was the winner of the Free Software
-Foundation's Award for the Advancement of Free Software, twice listed in
- BusinessWeek's
-"e.biz 25," and named one of Scientific American's "50 visionaries." A
-graduate of the University of Pennsylvania, Cambridge University, and Yale Law
-School, Lessig clerked for Judge Richard Posner of the U.S. Seventh Circuit Court
-of Appeals.
+The author of The Future of Ideas (Random House, 2001) and Code: And
+Other Laws of Cyberspace (Basic Books, 1999), Lessig is a member of
+the boards of the Public Library of Science, the Electronic Frontier
+Foundation, and Public Knowledge. He was the winner of the Free
+Software Foundation's Award for the Advancement of Free Software,
+twice listed in BusinessWeek's "e.biz 25," and named one of Scientific
+American's "50 visionaries." A graduate of the University of
+Pennsylvania, Cambridge University, and Yale Law School, Lessig
+clerked for Judge Richard Posner of the U.S. Seventh Circuit Court of
+Appeals.
</para>
</abstract>
</bookinfo>
<!-- PAGE BREAK 1 -->
<para>
-You can buy a copy of this book
-by clicking on one of the links below:
+You can buy a copy of this book by clicking on one of the links below:
</para>
<itemizedlist mark="number" spacing="compact">
<listitem><para><ulink url="http://www.amazon.com/">Amazon</ulink></para></listitem>
<!-- PAGE BREAK 3 -->
<para>
ALSO BY LAWRENCE LESSIG
-The Future of Ideas: The Fate of the Commons
+<sbr/>The Future of Ideas: The Fate of the Commons
in a Connected World
-Code: And Other Laws of Cyberspace
+<sbr/>Code: And Other Laws of Cyberspace
</para>
<!-- PAGE BREAK 4 -->
<para>
THE PENGUIN PRESS
-NEW YORK
+<sbr/>NEW YORK
</para>
<!-- PAGE BREAK 5 -->
<para>
FREE CULTURE
-HOW BIG MEDIA USES TECHNOLOGY AND THE
+<sbr/>HOW BIG MEDIA USES TECHNOLOGY AND THE
HOW BIG MEDIA USES TECHNOLOGY AND
LAW TO LOCK DOWN CULTURE AND CONTROL
THE LAW TO LOCK DOWN CULTURE
CREATIVITY
AND CONTROL CREATIVITY
-LAWRENCE LESSIG
+<sbr/>LAWRENCE LESSIG
</para>
<!-- PAGE BREAK 6 -->
<para>
THE PENGUIN PRESS
-a member of
-Penguin Group (USA) Inc.
-375 Hudson Street
-New York, New York
-Copyright © Lawrence Lessig,
-All rights reserved
-Excerpt from an editorial titled "The Coming of Copyright Perpetuity,"
+<sbr/>a member of Penguin Group (USA) Inc. 375 Hudson Street New
+York, New York
+<sbr/>Copyright © Lawrence Lessig,
+<sbr/>All rights reserved
+<sbr/>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 by Paul Conrad on page 159. Copyright Tribune Media Services, Inc.
-All rights reserved. Reprinted with permission.
-Diagram on page 164 courtesy of the office of FCC Commissioner, Michael J. Copps.
-Library of Congress Cataloging-in-Publication Data
-Lessig, Lawrence.
+<sbr/>Cartoon by Paul Conrad on page 159. Copyright Tribune Media Services, Inc.
+<sbr/>All rights reserved. Reprinted with permission.
+<sbr/>Diagram on page 164 courtesy of the office of FCC Commissioner, Michael J. Copps.
+<sbr/>Library of Congress Cataloging-in-Publication Data
+<sbr/>Lessig, Lawrence.
Free culture : how big media uses technology and the law to lock down
culture and control creativity / Lawrence Lessig.
-p. cm.
-Includes index.
-ISBN 1-59420-006-8 (hardcover)
-1. Intellectual property--United States. 2. Mass media--United States.
-3. Technological innovations--United States. 4. Art--United States. I. Title.
-KF2979.L47
-343.7309'9--dc22
-This book is printed on acid-free paper.
-Printed in the United States of America
-1 3 5 7 9 10 8 6 4
-Designed by Marysarah Quinn
-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.
+<sbr/>p. cm.
+<sbr/>Includes index.
+<sbr/>ISBN 1-59420-006-8 (hardcover)
+<sbr/>1. Intellectual property--United States. 2. Mass media--United States.
+<sbr/>3. Technological innovations--United States. 4. Art--United States. I. Title.
+<sbr/>KF2979.L47
+<sbr/>343.7309'9--dc22
+<sbr/>This book is printed on acid-free paper.
+<sbr/>Printed in the United States of America
+<sbr/>1 3 5 7 9 10 8 6 4
+<sbr/>Designed by Marysarah Quinn
+</para>
+
+<para>
+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.
</para>
<!-- PAGE BREAK 7 -->
<para>
-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.
</para>
<figure id="CreativeCommons">
<title>Creative Commons, Some rights reserved</title>
-<graphic fileref="webcc.gif"></graphic>
+<graphic fileref="images/cc.png"></graphic>
</figure>
<toc id="toc"></toc>
<para>
That tradition is the way our culture gets made. As I explain in the
pages that follow, we come from a tradition of "free culture"--not
-"free" as in "free beer" (to borrow a phrase from the founder of the
- freesoftware
-
movement<footnote><para>
+"free" as in "free beer" (to borrow a phrase from the founder of the
+freesoftware movement<footnote>
+<para>
Richard M. Stallman, Free Software, Free Societies 57 ( Joshua Gay, ed. 2002).
</para></footnote>), but "free" as in "free speech," "free markets," "free
-trade," "free enterprise," "free will," and "free elections." A free culture
-supports and protects creators and innovators. It does this directly by
-granting intellectual property rights. But it does so indirectly by
- limiting
-the reach of those rights, to guarantee that follow-on creators and
-innovators remain as free as possible from the control of the past. A free
-culture is not a culture without property, just as a free market is not a
-market in which everything is free. The opposite of a free culture is a
-"permission culture"--a culture in which creators get to create only
-with the permission of the powerful, or of creators from the past.
+trade," "free enterprise," "free will," and "free elections." A free
+culture supports and protects creators and innovators. It does this
+directly by granting intellectual property rights. But it does so
+indirectly by limiting the reach of those rights, to guarantee that
+follow-on creators and innovators remain as free as possible from the
+control of the past. A free culture is not a culture without property,
+just as a free market is not a market in which everything is free. The
+opposite of a free culture is a "permission culture"--a culture in
+which creators get to create only with the permission of the powerful,
+or of creators from the past.
</para>
<para>
If we understood this change, I believe we would resist it. Not "we"
on the Left or "you" on the Right, but we who have no stake in the
particular industries of culture that defined the twentieth century.
-Whether you are on the Left or the Right, if you are in this sense
- disinterested,
-then the story I tell here will trouble you. For the changes I
-describe affect values that both sides of our political culture deem
- fundamental.
+Whether you are on the Left or the Right, if you are in this sense
+disinterested, then the story I tell here will trouble you. For the
+changes I describe affect values that both sides of our political
+culture deem fundamental.
</para>
<para>
We saw a glimpse of this bipartisan outrage in the early summer of
2003. As the FCC considered changes in media ownership rules that
would relax limits on media concentration, an extraordinary coalition
generated more than 700,000 letters to the FCC opposing the change.
-As William Safire described marching "uncomfortably alongside
-CodePink Women for Peace and the National Rifle Association,
- between
- liberal Olympia Snowe and conservative Ted Stevens," he
- formulated
-perhaps most simply just what was at stake: the concentration
-of power. And as he asked,
+As William Safire described marching "uncomfortably alongside CodePink
+Women for Peace and the National Rifle Association, between liberal
+Olympia Snowe and conservative Ted Stevens," he formulated perhaps
+most simply just what was at stake: the concentration of power. And as
+he asked,
</para>
<blockquote>
<para>
-Does that sound unconservative? Not to me. The concentration
-of power--political, corporate, media, cultural--should be
- anathema
-to conservatives. The diffusion of power through local
- control,
-thereby encouraging individual participation, is the essence
-of federalism and the greatest expression of democracy.<footnote><para>
-William Safire, "The Great Media Gulp," New York Times, 22 May 2003.
+Does that sound unconservative? Not to me. The concentration of
+power--political, corporate, media, cultural--should be anathema to
+conservatives. The diffusion of power through local control, thereby
+encouraging individual participation, is the essence of federalism and
+the greatest expression of democracy.<footnote><para> William Safire,
+"The Great Media Gulp," New York Times, 22 May 2003.
</para></footnote>
</para>
</blockquote>
<para>
This idea is an element of the argument of Free Culture, though my
-focus is not just on the concentration of power produced by
- concentrations
-in ownership, but more importantly, if because less visibly, on the
-concentration of power produced by a radical change in the effective
-scope of the law. The law is changing; that change is altering the way our
-culture gets made; that change should worry you--whether or not you
-care about the Internet, and whether you're on Safire's left or on his right.
-The inspiration for the title and for much of the argument of
-this book comes from the work of Richard Stallman and the Free
- Software
-Foundation. Indeed, as I reread Stallman's own work, especially
-the essays in Free Software, Free Society, I realize that all of the
- theoretical
-insights I develop here are insights Stallman described decades
-ago. One could thus well argue that this work is "merely" derivative.
+focus is not just on the concentration of power produced by
+concentrations in ownership, but more importantly, if because less
+visibly, on the concentration of power produced by a radical change in
+the effective scope of the law. The law is changing; that change is
+altering the way our culture gets made; that change should worry
+you--whether or not you care about the Internet, and whether you're on
+Safire's left or on his right. The inspiration for the title and for
+much of the argument of this book comes from the work of Richard
+Stallman and the Free Software Foundation. Indeed, as I reread
+Stallman's own work, especially the essays in Free Software, Free
+Society, I realize that all of the theoretical insights I develop here
+are insights Stallman described decades ago. One could thus well argue
+that this work is "merely" derivative.
</para>
<para>
I accept that criticism, if indeed it is a criticism. The work of a
<para>
<!-- PAGE BREAK 132 -->
-To answer these questions, we need a more general way to talk
-about how property is protected. More precisely, we need a more
- general
-way than the narrow language of the law allows. In Code and Other
-Laws of Cyberspace, I used a simple model to capture this more general
-perspective. For any particular right or regulation, this model asks how
-four different modalities of regulation interact to support or weaken
-the right or regulation. I represented it with this diagram:
+To answer these questions, we need a more general way to talk about
+how property is protected. More precisely, we need a more general way
+than the narrow language of the law allows. In Code and Other Laws of
+Cyberspace, I used a simple model to capture this more general
+perspective. For any particular right or regulation, this model asks
+how four different modalities of regulation interact to support or
+weaken the right or regulation. I represented it with this diagram:
</para>
<figure id="fig-1331">
-<title></title>
-<graphic fileref="1331.jpg"></graphic>
+<title>How four different modalities of regulation interact to support or weaken the right or regulation.</title>
+<graphic fileref="images/1331.png"></graphic>
</figure>
<para>
At the center of this picture is a regulated dot: the individual or
example--so as to decrease the attractiveness of fast driving.
</para>
<figure id="fig-1361">
-<title></title>
-<graphic fileref="1361.jpg"></graphic>
+<title>Law has a special role in affecting the three.</title>
+<graphic fileref="images/1361.png"></graphic>
</figure>
<para>
These constraints can thus change, and they can be changed. To
-understand the effective protection of liberty or protection of property
-at any particular moment, we must track these changes over time. A
- restriction
-imposed by one modality might be erased by another. A
- freedom
-enabled by one modality might be displaced by another.<footnote><para>
+understand the effective protection of liberty or protection of
+property at any particular moment, we must track these changes over
+time. A restriction imposed by one modality might be erased by
+another. A freedom enabled by one modality might be displaced by
+another.<footnote><para>
<!-- f4 -->
Some people object to this way of talking about "liberty." They object
because
Internet:
</para>
<figure id="fig-1371">
-<title></title>
-<graphic fileref="1371.jpg"></graphic>
+<title>Copyright's regulation before the Internet.</title>
+<graphic fileref="images/1331.png"></graphic>
</figure>
<para>
<!-- PAGE BREAK 136 -->
looting that results.
</para>
<figure id="fig-1381">
-<title></title>
-<graphic fileref="1381.jpg"></graphic>
+<title>effective state of anarchy after the Internet.</title>
+<graphic fileref="images/1381.png"></graphic>
</figure>
<para>
Neither this analysis nor the conclusions that follow are new to the
started here:
</para>
<figure id="fig-1441">
-<title></title>
-<graphic fileref="1441.jpg"></graphic>
+<title>Copyright's regulation before the Internet.</title>
+<graphic fileref="images/1331.png"></graphic>
</figure>
<para>
We will end here:
</para>
<figure id="fig-1442">
-<title></title>
-<graphic fileref="1442.jpg"></graphic>
+<title>"Copyright" today.</title>
+<graphic fileref="images/1442.png"></graphic>
</figure>
<para>
Let me explain how.
empty circle.
</para>
<figure id="fig-1521">
-<title></title>
-<graphic fileref="1521.jpg"></graphic>
+<title>All potential uses of a book.</title>
+<graphic fileref="images/1521.png"></graphic>
</figure>
<para>
<!-- PAGE BREAK 152 -->
-Think about a book in real space, and imagine this circle to
- represent
-all its potential uses. Most of these uses are unregulated by copyright
-law, because the uses don't create a copy. If you read a book, that act is not
-regulated by copyright law. If you give someone the book, that act is
-not regulated by copyright law. If you resell a book, that act is not
- regulated
-(copyright law expressly states that after the first sale of a book,
-the copyright owner can impose no further conditions on the
- disposition
-of the book). If you sleep on the book or use it to hold up a lamp or
-let your puppy chew it up, those acts are not regulated by copyright law,
-because those acts do not make a copy.
+Think about a book in real space, and imagine this circle to represent
+all its potential uses. Most of these uses are unregulated by
+copyright law, because the uses don't create a copy. If you read a
+book, that act is not regulated by copyright law. If you give someone
+the book, that act is not regulated by copyright law. If you resell a
+book, that act is not regulated (copyright law expressly states that
+after the first sale of a book, the copyright owner can impose no
+further conditions on the disposition of the book). If you sleep on
+the book or use it to hold up a lamp or let your puppy chew it up,
+those acts are not regulated by copyright law, because those acts do
+not make a copy.
</para>
<figure id="fig-1531">
-<title></title>
-<graphic fileref="1531.jpg"></graphic>
+<title>Examples of unregulated uses of a book.</title>
+<graphic fileref="images/1531.png"></graphic>
</figure>
<para>
Obviously, however, some uses of a copyrighted book are regulated
</para>
<!-- PAGE BREAK 153 -->
<figure id="fig-1541">
-<title></title>
-<graphic fileref="1541.jpg"></graphic>
+<title>Republishing stands at the core of this circle of possible uses of a copyrighted work.</title>
+<graphic fileref="images/1541.png"></graphic>
</figure>
<para>
These are uses that themselves involve copying, but which the law treats
policy (and possibly First Amendment) reasons.
</para>
<figure id="fig-1542">
-<title></title>
-<graphic fileref="1542.jpg"></graphic>
+<title>Unregulated copying considered "fair uses."</title>
+<graphic fileref="images/1542.png"></graphic>
</figure>
<para> </para>
<figure id="fig-1551">
-<title></title>
-<graphic fileref="1551.jpg"></graphic>
+<title>Uses that before were presumptively unregulated are now presumptively regulated.</title>
+<graphic fileref="images/1551.png"></graphic>
</figure>
<para>
<!-- PAGE BREAK 154 -->
called Permissions.
</para>
<figure id="fig-1611">
-<title>Acrobat eBook Reader</title>
-<graphic fileref="1611.jpg"></graphic>
+<title>Picture of an old version of Adobe eBook Reader</title>
+<graphic fileref="images/1611.png"></graphic>
</figure>
<para>
-If you click on the Permissions button, you'll see a list of the
- permissions
-that the publisher purports to grant with this book.
+If you click on the Permissions button, you'll see a list of the
+permissions that the publisher purports to grant with this book.
</para>
<figure id="fig-1612">
<title></title>
-<graphic fileref="1612.jpg"></graphic>
+<graphic fileref="images/1612.png"></graphic>
</figure>
<para>
<!-- PAGE BREAK 161 -->
computer.
</para>
<para>
-Here's the e-book for another
-work in the public domain
- (including
-the translation):
- Aristotle's
-Politics.
+Here's the e-book for another work in the public domain (including the
+translation): Aristotle's Politics.
</para>
<figure id="fig-1621">
-<title></title>
-<graphic fileref="1621.jpg"></graphic>
+<title>E-book of Aristotle;s "Politics"</title>
+<graphic fileref="images/1621.png"></graphic>
</figure>
<para>
According to its permissions, no printing or copying is permitted
the book.
</para>
<figure id="fig-1622">
-<title></title>
-<graphic fileref="1622.jpg"></graphic>
+<title>List of the permissions for Aristotle;s "Politics".</title>
+<graphic fileref="images/1622.png"></graphic>
</figure>
<para>
Finally (and most embarrassingly), here are the permissions for the
</para>
<!-- PAGE BREAK 162 -->
<figure id="fig-1631">
-<title></title>
-<graphic fileref="1631.jpg"></graphic>
+<title>List of the permissions for "The Future of Ideas".</title>
+<graphic fileref="images/1631.png"></graphic>
</figure>
<para>
No copying, no printing, and don't you dare try to listen to this book!
Permissions for that book, you got the following report:
</para>
<figure id="fig-1641">
-<title></title>
-<graphic fileref="1641.jpg"></graphic>
+<title>List of the permissions for "Alice's Adventures in
+Wonderland".</title>
+<graphic fileref="images/1641.png"></graphic>
</figure>
<para>
<!-- PAGE BREAK 164 -->
and bad uses.
</para>
<figure id="fig-1711">
-<title></title>
-<graphic fileref="1711.jpg"></graphic>
+<title>VCR/handgun cartoon.</title>
+<graphic fileref="images/1711.png"></graphic>
</figure>
<para>
The obvious point of Conrad's cartoon is the weirdness of a world
pattern better than a thousand words could do:
</para>
<figure id="fig-1761">
-<title></title>
-<graphic fileref="1761.jpg"></graphic>
+<title>Pattern of modern media ownership.</title>
+<graphic fileref="images/1761.png"></graphic>
</figure>
<para>
<!-- PAGE BREAK 175 -->
projects / text-free-culture-lessig.git / blobdiff