New translation.

[text-free-culture-lessig.git] / freeculture.xml

diff --git a/freeculture.xml b/freeculture.xml
index 3e9c3c8c3c7b4e9cd75924ea5ae3bc0187946d62..f22ac2c707ac3f50dc824ffeb5c5c5fcdcf124df 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -160,29 +160,7 @@ Code: And Other Laws of Cyberspace
 </para>
 </dedication>
 <!-- PAGE BREAK 4 -->
 </para>
 </dedication>
 <!-- PAGE BREAK 4 -->

-<dedication id="frontpublisher">
-<title></title>
-<para>
-THE PENGUIN PRESS, NEW YORK
-</para>
-</dedication>

 <!-- PAGE BREAK 5 -->
 <!-- PAGE BREAK 5 -->

-<dedication id="frontbookinfo">
-<title></title>
-<para>
-FREE CULTURE
-</para>
-
-<para>
-HOW BIG MEDIA USES TECHNOLOGY AND
-THE LAW TO LOCK DOWN CULTURE
-AND CONTROL CREATIVITY
-</para>
-
-<para>
-LAWRENCE LESSIG
-</para>
-</dedication>

 <!-- PAGE BREAK 6 -->
 <colophon>
 <para>
 <!-- PAGE BREAK 6 -->
 <colophon>
 <para>


@@ -198,11 +176,11 @@ Excerpt from an editorial titled <quote>The Coming of Copyright Perpetuity,</quo
 &copy; 2003 by The New York Times Co.  Reprinted with permission.
 </para>
 <para>
 &copy; 2003 by The New York Times Co.  Reprinted with permission.
 </para>
 <para>

-Cartoon in <xref linkend="fig-1711"/> by Paul Conrad, copyright Tribune
+Cartoon in <xref linkend="fig-1711-vcr-handgun-cartoonfig"/> by Paul Conrad, copyright Tribune

 Media Services, Inc.  All rights reserved. Reprinted with permission.
 </para>
 <para>
 Media Services, Inc.  All rights reserved. Reprinted with permission.
 </para>
 <para>

-Diagram in <xref linkend="fig-1761"/> courtesy of the office of FCC
+Diagram in <xref linkend="fig-1761-pattern-modern-media-ownership"/> courtesy of the office of FCC

 Commissioner, Michael J. Copps.
 </para>
 <para>
 Commissioner, Michael J. Copps.
 </para>
 <para>


@@ -344,9 +322,7 @@ c      INDEX
 
 <preface id="preface">
 <title>PREFACE</title>
 
 <preface id="preface">
 <title>PREFACE</title>

-<indexterm id="idxpoguedavid" class='startofrange'>
-  <primary>Pogue, David</primary>
-</indexterm>
+<indexterm id='idxpoguedavid' class='startofrange'><primary>Pogue, David</primary></indexterm>

 <para>
 <emphasis role="bold">At the end</emphasis> of his review of my first
 book, <citetitle>Code: And Other Laws of Cyberspace</citetitle>, David
 <para>
 <emphasis role="bold">At the end</emphasis> of his review of my first
 book, <citetitle>Code: And Other Laws of Cyberspace</citetitle>, David


@@ -382,7 +358,7 @@ off. It is an argument about how the battles that now rage regarding life
 on-line have fundamentally affected <quote>people who aren't online.</quote> There
 is no switch that will insulate us from the Internet's effect.
 </para>
 on-line have fundamentally affected <quote>people who aren't online.</quote> There
 is no switch that will insulate us from the Internet's effect.
 </para>

-<indexterm startref="idxpoguedavid" class='endofrange'/>
+<indexterm startref='idxpoguedavid' class='endofrange'/>

 <para>
 But unlike <citetitle>Code</citetitle>, the argument here is not much
 about the Internet itself. It is instead about the consequence of the
 <para>
 But unlike <citetitle>Code</citetitle>, the argument here is not much
 about the Internet itself. It is instead about the consequence of the


@@ -419,7 +395,10 @@ 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>
 changes I describe affect values that both sides of our political
 culture deem fundamental.
 </para>

+<indexterm id='idxpowerconcentrationof' class='startofrange'><primary>power, concentration of</primary></indexterm>

 <indexterm><primary>CodePink Women in Peace</primary></indexterm>
 <indexterm><primary>CodePink Women in Peace</primary></indexterm>

+<indexterm><primary>Safire, William</primary></indexterm>
+<indexterm><primary>Stevens, Ted</primary></indexterm>

 <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
 <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


@@ -430,7 +409,6 @@ Women for Peace and the National Rifle Association, between liberal
 Olympia Snowe and conservative Ted Stevens,</quote> he formulated perhaps
 most simply just what was at stake: the concentration of power. And as
 he asked,
 Olympia Snowe and conservative Ted Stevens,</quote> he formulated perhaps
 most simply just what was at stake: the concentration of power. And as
 he asked,

-<indexterm><primary>Safire, William</primary></indexterm>

 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>


@@ -452,7 +430,11 @@ 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&mdash;whether or not you care about the Internet, and whether you're on
 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&mdash;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
+Safire's left or on his right.
+</para>
+<indexterm startref='idxpowerconcentrationof' class='endofrange'/>
+<para>
+<emphasis role="strong">The inspiration</emphasis> 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 <citetitle>Free Software, Free
 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 <citetitle>Free Software, Free


@@ -495,25 +477,18 @@ book is written.
 <!-- PAGE BREAK 16 -->
 <chapter label="0" id="c-introduction">
 <title>INTRODUCTION</title>
 <!-- PAGE BREAK 16 -->
 <chapter label="0" id="c-introduction">
 <title>INTRODUCTION</title>

-<indexterm id='idxairtraffic' class='startofrange'>
-  <primary>air traffic, land ownership vs.</primary>
-</indexterm>
-<indexterm id='idxlandownership' class='startofrange'>
-  <primary>land ownership, air traffic and</primary>
-</indexterm>
-<indexterm id='idxproprigtair' class='startofrange'>
-  <primary>property rights</primary>
-  <secondary>air traffic vs.</secondary>
-</indexterm>
-<indexterm><primary>Wright brothers</primary></indexterm>
+<indexterm id='idxwrightbrothers' class='startofrange'><primary>Wright brothers</primary></indexterm>

 <para>
 <para>

-On December 17, 1903, on a windy North Carolina beach for just
+<emphasis role="strong">On December 17</emphasis>, 1903, on a windy North Carolina beach for just

 shy of one hundred seconds, the Wright brothers demonstrated that a
 heavier-than-air, self-propelled vehicle could fly. The moment was electric
 and its importance widely understood. Almost immediately, there
 was an explosion of interest in this newfound technology of manned
 flight, and a gaggle of innovators began to build upon it.
 </para>
 shy of one hundred seconds, the Wright brothers demonstrated that a
 heavier-than-air, self-propelled vehicle could fly. The moment was electric
 and its importance widely understood. Almost immediately, there
 was an explosion of interest in this newfound technology of manned
 flight, and a gaggle of innovators began to build upon it.
 </para>

+<indexterm id='idxairtrafficlandownershipvs' class='startofrange'><primary>air traffic, land ownership vs.</primary></indexterm>
+<indexterm id='idxlandownershipairtrafficand' class='startofrange'><primary>land ownership, air traffic and</primary></indexterm>
+<indexterm id='idxpropertyrightsairtrafficvs' class='startofrange'><primary>property rights</primary><secondary>air traffic vs.</secondary></indexterm>

 <para>
 At the time the Wright brothers invented the airplane, American
 law held that a property owner presumptively owned not just the surface
 <para>
 At the time the Wright brothers invented the airplane, American
 law held that a property owner presumptively owned not just the surface


@@ -527,6 +502,7 @@ years, scholars had puzzled about how best to interpret the idea that
 rights in land ran to the heavens. Did that mean that you owned the
 stars? Could you prosecute geese for their willful and regular trespass?
 </para>
 rights in land ran to the heavens. Did that mean that you owned the
 stars? Could you prosecute geese for their willful and regular trespass?
 </para>

+<indexterm startref='idxwrightbrothers' class='endofrange'/>

 <para>
 Then came airplanes, and for the first time, this principle of American
 law&mdash;deep within the foundations of our tradition, and acknowledged
 <para>
 Then came airplanes, and for the first time, this principle of American
 law&mdash;deep within the foundations of our tradition, and acknowledged


@@ -551,6 +527,8 @@ property, and the Causbys wanted it to stop.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

+<indexterm id='idxdouglaswilliamo' class='startofrange'><primary>Douglas, William O.</primary></indexterm>
+<indexterm id='idxsupremecourtusonairspacevslandrights' class='startofrange'><primary>Supreme Court, U.S.</primary><secondary>on airspace vs. land rights</secondary></indexterm>

 <para>
 The Supreme Court agreed to hear the Causbys' case. Congress had
 declared the airways public, but if one's property really extended to the
 <para>
 The Supreme Court agreed to hear the Causbys' case. Congress had
 declared the airways public, but if one's property really extended to the


@@ -588,6 +566,7 @@ Goldstein, <citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press
 <para>
 <quote>Common sense revolts at the idea.</quote>
 </para>
 <para>
 <quote>Common sense revolts at the idea.</quote>
 </para>

+<indexterm startref='idxdouglaswilliamo' class='endofrange'/>

 <para>
 This is how the law usually works. Not often this abruptly or
 impatiently, but eventually, this is how it works. It was Douglas's style not to
 <para>
 This is how the law usually works. Not often this abruptly or
 impatiently, but eventually, this is how it works. It was Douglas's style not to


@@ -620,27 +599,27 @@ end, the force of what seems <quote>obvious</quote> to everyone else&mdash;the p
 <quote>common sense</quote>&mdash;would prevail. Their <quote>private interest</quote> would not be
 allowed to defeat an obvious public gain.
 </para>
 <quote>common sense</quote>&mdash;would prevail. Their <quote>private interest</quote> would not be
 allowed to defeat an obvious public gain.
 </para>

-<indexterm startref='idxproprigtair' class='endofrange'/>
-<indexterm startref='idxlandownership' class='endofrange'/>
-<indexterm startref='idxairtraffic' class='endofrange'/>
-<indexterm id='idxarmstrongedwin' class='startofrange'>
-  <primary>Armstrong, Edwin Howard</primary>
-</indexterm>
-<para>
-<emphasis role='strong'>Edwin Howard Armstrong</emphasis> is one of America's forgotten inventor
-geniuses. He came to the great American inventor scene just after the
-titans Thomas Edison and Alexander Graham Bell. But his work in
-the area of radio technology was perhaps the most important of any
-single inventor in the first fifty years of radio. He was better educated
-than Michael Faraday, who as a bookbinder's apprentice had discovered
-electric induction in 1831. But he had the same intuition about
-how the world of radio worked, and on at least three occasions,
-Armstrong invented profoundly important technologies that advanced our
-understanding of radio.
-<!-- PAGE BREAK 19 -->
+<indexterm startref='idxairtrafficlandownershipvs' class='endofrange'/>
+<indexterm startref='idxlandownershipairtrafficand' class='endofrange'/>
+<indexterm startref='idxpropertyrightsairtrafficvs' class='endofrange'/>
+<indexterm startref='idxsupremecourtusonairspacevslandrights' class='endofrange'/>
+<indexterm id='idxarmstrongedwinhoward' class='startofrange'><primary>Armstrong, Edwin Howard</primary></indexterm>

 <indexterm><primary>Bell, Alexander Graham</primary></indexterm>
 <indexterm><primary>Edison, Thomas</primary></indexterm>
 <indexterm><primary>Faraday, Michael</primary></indexterm>
 <indexterm><primary>Bell, Alexander Graham</primary></indexterm>
 <indexterm><primary>Edison, Thomas</primary></indexterm>
 <indexterm><primary>Faraday, Michael</primary></indexterm>

+<indexterm id='idxradiofmspectrumof' class='startofrange'><primary>radio</primary><secondary>FM spectrum of</secondary></indexterm>
+<para>
+<emphasis role='strong'>Edwin Howard Armstrong</emphasis> is one of
+America's forgotten inventor geniuses. He came to the great American
+inventor scene just after the titans Thomas Edison and Alexander
+Graham Bell. But his work in the area of radio technology was perhaps
+the most important of any single inventor in the first fifty years of
+radio. He was better educated than Michael Faraday, who as a
+bookbinder's apprentice had discovered electric induction in 1831. But
+he had the same intuition about how the world of radio worked, and on
+at least three occasions, Armstrong invented profoundly important
+technologies that advanced our understanding of radio.
+<!-- PAGE BREAK 19 -->

 </para>
 <para>
 On the day after Christmas, 1933, four patents were issued to Armstrong
 </para>
 <para>
 On the day after Christmas, 1933, four patents were issued to Armstrong


@@ -680,6 +659,8 @@ Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard Armstrong</citet
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm id='idxrca' class='startofrange'><primary>RCA</primary></indexterm>
+<indexterm id='idxmediaownershipconcentrationin' class='startofrange'><primary>media</primary><secondary>ownership concentration in</secondary></indexterm>

 <para>
 As our own common sense tells us, Armstrong had discovered a vastly
 superior radio technology. But at the time of his invention, Armstrong
 <para>
 As our own common sense tells us, Armstrong had discovered a vastly
 superior radio technology. But at the time of his invention, Armstrong


@@ -689,13 +670,13 @@ the United States, but the stations in large cities were all owned by
 a handful of networks.
 <!--PAGE BREAK 20-->
 </para>
 a handful of networks.
 <!--PAGE BREAK 20-->
 </para>

+<indexterm><primary>Sarnoff, David</primary></indexterm>

 <para>
 RCA's president, David Sarnoff, a friend of Armstrong's, was eager
 that Armstrong discover a way to remove static from AM radio. So
 Sarnoff was quite excited when Armstrong told him he had a device
 that removed static from <quote>radio.</quote> But when Armstrong demonstrated
 his invention, Sarnoff was not pleased.
 <para>
 RCA's president, David Sarnoff, a friend of Armstrong's, was eager
 that Armstrong discover a way to remove static from AM radio. So
 Sarnoff was quite excited when Armstrong told him he had a device
 that removed static from <quote>radio.</quote> But when Armstrong demonstrated
 his invention, Sarnoff was not pleased.

-<indexterm><primary>Sarnoff, David</primary></indexterm>

 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>


@@ -710,13 +691,15 @@ www.webstationone.com/fecha, available at
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm id='idxfmradio' class='startofrange'><primary>FM radio</primary></indexterm>
+<indexterm><primary>Sarnoff, David</primary></indexterm>

 <para>
 Armstrong's invention threatened RCA's AM empire, so the company
 launched a campaign to smother FM radio. While FM may have been a
 superior technology, Sarnoff was a superior tactician.  As one author
 described,
 <para>
 Armstrong's invention threatened RCA's AM empire, so the company
 launched a campaign to smother FM radio. While FM may have been a
 superior technology, Sarnoff was a superior tactician.  As one author
 described,

-<indexterm><primary>Sarnoff, David</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxlessinglawrence' class='startofrange'><primary>Lessing, Lawrence</primary></indexterm>

 <blockquote>
 <para>
 The forces for FM, largely engineering, could not overcome the weight
 <blockquote>
 <para>
 The forces for FM, largely engineering, could not overcome the weight


@@ -728,6 +711,7 @@ on which RCA had grown to power.<footnote><para>Lessing, 226.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm id='idxfcconfmradio' class='startofrange'><primary>FCC</primary><secondary>on FM radio</secondary></indexterm>

 <para>
 RCA at first kept the technology in house, insisting that further
 tests were needed. When, after two years of testing, Armstrong grew
 <para>
 RCA at first kept the technology in house, insisting that further
 tests were needed. When, after two years of testing, Armstrong grew


@@ -752,6 +736,7 @@ Lessing, 256.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxlessinglawrence' class='endofrange'/>

 <indexterm><primary>AT&amp;T</primary></indexterm>
 <para>
 To make room in the spectrum for RCA's latest gamble, television,
 <indexterm><primary>AT&amp;T</primary></indexterm>
 <para>
 To make room in the spectrum for RCA's latest gamble, television,


@@ -763,6 +748,8 @@ FM relaying stations would mean radio stations would have to buy
 wired links from AT&amp;T.) The spread of FM radio was thus choked, at
 least temporarily.
 </para>
 wired links from AT&amp;T.) The spread of FM radio was thus choked, at
 least temporarily.
 </para>

+<indexterm startref='idxradiofmspectrumof' class='endofrange'/>
+<indexterm startref='idxfcconfmradio' class='endofrange'/>

 <para>
 Armstrong resisted RCA's efforts. In response, RCA resisted
 Armstrong's patents. After incorporating FM technology into the
 <para>
 Armstrong resisted RCA's efforts. In response, RCA resisted
 Armstrong's patents. After incorporating FM technology into the


@@ -775,7 +762,10 @@ would not even cover Armstrong's lawyers' fees. Defeated, broken, and
 now broke, in 1954 Armstrong wrote a short note to his wife and then
 stepped out of a thirteenth-story window to his death.
 </para>
 now broke, in 1954 Armstrong wrote a short note to his wife and then
 stepped out of a thirteenth-story window to his death.
 </para>

-<indexterm startref='idxarmstrongedwin' class='endofrange'/>
+<indexterm startref='idxfmradio' class='endofrange'/>
+<indexterm startref='idxarmstrongedwinhoward' class='endofrange'/>
+<indexterm><primary>Causby, Thomas Lee</primary></indexterm>
+<indexterm><primary>Causby, Tinie</primary></indexterm>

 <para>
 This is how the law sometimes works. Not often this tragically, and
 rarely with heroic drama, but sometimes, this is how it works. From
 <para>
 This is how the law sometimes works. Not often this tragically, and
 rarely with heroic drama, but sometimes, this is how it works. From


@@ -792,8 +782,11 @@ another, are sustained through this subtle corruption of our political
 process. RCA had what the Causbys did not: the power to stifle the
 effect of technological change.
 </para>
 process. RCA had what the Causbys did not: the power to stifle the
 effect of technological change.
 </para>

+<indexterm startref='idxrca' class='endofrange'/>
+<indexterm startref='idxmediaownershipconcentrationin' class='endofrange'/>
+<indexterm id='idxinternetdevelopmentof' class='startofrange'><primary>Internet</primary><secondary>development of</secondary></indexterm>

 <para>
 <para>

-There's no single inventor of the Internet. Nor is there any good date
+<emphasis role="strong">There's no</emphasis> single inventor of the Internet. Nor is there any good date

 upon which to mark its birth. Yet in a very short time, the Internet
 has become part of ordinary American life. According to the Pew
 Internet and American Life Project, 58 percent of Americans had access
 upon which to mark its birth. Yet in a very short time, the Internet
 has become part of ordinary American life. According to the Pew
 Internet and American Life Project, 58 percent of Americans had access


@@ -827,6 +820,10 @@ old as the Republic itself. Most, if they recognized this change,
 would reject it. Yet most don't even see the change that the Internet
 has introduced.
 </para>
 would reject it. Yet most don't even see the change that the Internet
 has introduced.
 </para>

+<indexterm startref='idxinternetdevelopmentof' class='endofrange'/>
+<indexterm><primary>Barlow, Joel</primary></indexterm>
+<indexterm id='idxculturecommercialvsnoncommercial' class='startofrange'><primary>culture</primary><secondary>commercial vs. noncommercial</secondary></indexterm>
+<indexterm><primary>Webster, Noah</primary></indexterm>

 <para>
 We can glimpse a sense of this change by distinguishing between
 commercial and noncommercial culture, and by mapping the law's
 <para>
 We can glimpse a sense of this change by distinguishing between
 commercial and noncommercial culture, and by mapping the law's


@@ -838,8 +835,6 @@ parks or on
 street corners telling stories that kids and others consumed, that was
 noncommercial culture. When Noah Webster published his <quote>Reader,</quote> or
 Joel Barlow his poetry, that was commercial culture.
 street corners telling stories that kids and others consumed, that was
 noncommercial culture. When Noah Webster published his <quote>Reader,</quote> or
 Joel Barlow his poetry, that was commercial culture.

-<indexterm><primary>Barlow, Joel</primary></indexterm>
-<indexterm><primary>Webster, Noah</primary></indexterm>

 </para>
 <para>
 At the beginning of our history, and for just about the whole of our
 </para>
 <para>
 At the beginning of our history, and for just about the whole of our


@@ -852,6 +847,7 @@ individuals shared and transformed their culture&mdash;telling
 stories, reenacting scenes from plays or TV, participating in fan
 clubs, sharing music, making tapes&mdash;were left alone by the law.
 </para>
 stories, reenacting scenes from plays or TV, participating in fan
 clubs, sharing music, making tapes&mdash;were left alone by the law.
 </para>

+<indexterm id='idxcopyrightinfringementlawsuitscommercialcreativityasprimarypurposeof' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>commercial creativity as primary purpose of</secondary></indexterm>

 <para>
 The focus of the law was on commercial creativity. At first slightly,
 then quite extensively, the law protected the incentives of creators by
 <para>
 The focus of the law was on commercial creativity. At first slightly,
 then quite extensively, the law protected the incentives of creators by


@@ -874,6 +870,8 @@ and it has become an increasingly important part in America. But in no
 sense was it dominant within our tradition. It was instead just one
 part, a controlled part, balanced with the free.
 </para>
 sense was it dominant within our tradition. It was instead just one
 part, a controlled part, balanced with the free.
 </para>

+<indexterm><primary>free culture</primary><secondary> permission culture vs.</secondary></indexterm>
+<indexterm><primary>permission culture</primary><secondary> free culture vs.</secondary></indexterm>

 <para>
 This rough divide between the free and the controlled has now
 been erased.<footnote><para>
 <para>
 This rough divide between the free and the controlled has now
 been erased.<footnote><para>


@@ -893,6 +891,9 @@ been undone.  The consequence is that we are less and less a free
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->

+<indexterm><primary>Causby, Thomas Lee</primary></indexterm>
+<indexterm><primary>Causby, Tinie</primary></indexterm>
+<indexterm><primary>protection of artists vs. business interests</primary></indexterm>

 <para>
 This change gets justified as necessary to protect commercial
 creativity.  And indeed, protectionism is precisely its
 <para>
 This change gets justified as necessary to protect commercial
 creativity.  And indeed, protectionism is precisely its


@@ -906,6 +907,7 @@ shared have united to induce lawmakers to use the law to protect
 them. It is the story of RCA and Armstrong; it is the dream of the
 Causbys.
 </para>
 them. It is the story of RCA and Armstrong; it is the dream of the
 Causbys.
 </para>

+<indexterm startref='idxcopyrightinfringementlawsuitscommercialcreativityasprimarypurposeof' class='endofrange'/>

 <para>
 For the Internet has unleashed an extraordinary possibility for many
 to participate in the process of building and cultivating a culture
 <para>
 For the Internet has unleashed an extraordinary possibility for many
 to participate in the process of building and cultivating a culture


@@ -934,6 +936,8 @@ more efficient, more vibrant technology for building culture. They are
 succeeding in their plan to remake the Internet before the Internet
 remakes them.
 </para>
 succeeding in their plan to remake the Internet before the Internet
 remakes them.
 </para>

+<indexterm startref='idxculturecommercialvsnoncommercial' class='endofrange'/>
+<indexterm><primary>Valenti, Jack</primary><secondary> on creative property rights</secondary></indexterm>

 <para>
 It doesn't seem this way to many. The battles over copyright and the
 <!-- PAGE BREAK 25 -->
 <para>
 It doesn't seem this way to many. The battles over copyright and the
 <!-- PAGE BREAK 25 -->


@@ -965,6 +969,10 @@ and a much more dramatic change. My fear is that unless we come to see
 this change, the war to rid the world of Internet <quote>pirates</quote> will also rid our
 culture of values that have been integral to our tradition from the start.
 </para>
 this change, the war to rid the world of Internet <quote>pirates</quote> will also rid our
 culture of values that have been integral to our tradition from the start.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>copyright law</primary><secondary>as protection of creators</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>
+<indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>

 <para>
 These values built a tradition that, for at least the first 180 years of
 our Republic, guaranteed creators the right to build freely upon their
 <para>
 These values built a tradition that, for at least the first 180 years of
 our Republic, guaranteed creators the right to build freely upon their


@@ -1012,8 +1020,9 @@ come to understand the source of this war. We must resolve it soon.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

+<indexterm id='idxintellectualpropertyrights' class='startofrange'><primary>intellectual property rights</primary></indexterm>

 <para>
 <para>

-Like the Causbys' battle, this war is, in part, about <quote>property.</quote>  The
+<emphasis role="strong">Like the Causbys'</emphasis> battle, this war is, in part, about <quote>property.</quote>  The

 property of this war is not as tangible as the Causbys', and no
 innocent chicken has yet to lose its life. Yet the ideas surrounding
 this <quote>property</quote> are as obvious to most as the Causbys' claim about the
 property of this war is not as tangible as the Causbys', and no
 innocent chicken has yet to lose its life. Yet the ideas surrounding
 this <quote>property</quote> are as obvious to most as the Causbys' claim about the


@@ -1040,6 +1049,7 @@ war. Unlike
 the lucky Wright brothers, the Internet has not inspired a revolution
 on its side.
 </para>
 the lucky Wright brothers, the Internet has not inspired a revolution
 on its side.
 </para>

+<indexterm><primary>power, concentration of</primary></indexterm>

 <para>
 My hope is to push this common sense along. I have become increasingly
 amazed by the power of this idea of intellectual property and, more
 <para>
 My hope is to push this common sense along. I have become increasingly
 amazed by the power of this idea of intellectual property and, more


@@ -1086,8 +1096,9 @@ sheriff arresting an airplane for trespass. But the consequences of
 this silliness will be much more profound.
 <!-- PAGE BREAK 28 -->
 </para>
 this silliness will be much more profound.
 <!-- PAGE BREAK 28 -->
 </para>

+<indexterm startref='idxintellectualpropertyrights' class='endofrange'/>

 <para>
 <para>

-The struggle that rages just now centers on two ideas: <quote>piracy</quote> and
+<emphasis role="strong">The struggle</emphasis> that rages just now centers on two ideas: <quote>piracy</quote> and

 <quote>property.</quote> My aim in this book's next two parts is to explore these two
 ideas.
 </para>
 <quote>property.</quote> My aim in this book's next two parts is to explore these two
 ideas.
 </para>


@@ -1124,11 +1135,12 @@ to which most of us remain oblivious.
 <title><quote>PIRACY</quote></title>
 <partintro>
 <!-- PAGE BREAK 30 -->
 <title><quote>PIRACY</quote></title>
 <partintro>
 <!-- PAGE BREAK 30 -->

-<indexterm id="idxmansfield1" class='startofrange'>
-  <primary>Mansfield, William Murray, Lord</primary>
-</indexterm>
+<indexterm><primary>copyright law</primary><secondary>English</secondary></indexterm>
+<indexterm id='idxmansfieldwilliammurraylord' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>
+<indexterm><primary>music publishing</primary></indexterm>
+<indexterm><primary>sheet music</primary></indexterm>

 <para>
 <para>

-Since the inception of the law regulating creative property, there has
+<emphasis role="strong">Since the inception</emphasis> of the law regulating creative property, there has

 been a war against <quote>piracy.</quote> The precise contours of this concept,
 <quote>piracy,</quote> are hard to sketch, but the animating injustice is easy to
 capture.  As Lord Mansfield wrote in a case that extended the reach of
 been a war against <quote>piracy.</quote> The precise contours of this concept,
 <quote>piracy,</quote> are hard to sketch, but the animating injustice is easy to
 capture.  As Lord Mansfield wrote in a case that extended the reach of


@@ -1143,8 +1155,10 @@ of them for his own use.<footnote><para>
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777) (Mansfield).
 </para></footnote>
 </para>
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777) (Mansfield).
 </para></footnote>
 </para>

-<indexterm startref="idxmansfield1" class='endofrange'/>
+<indexterm startref='idxmansfieldwilliammurraylord' class='endofrange'/>

 </blockquote>
 </blockquote>

+<indexterm><primary>Internet</primary><secondary> efficient content distribution on</secondary></indexterm>
+<indexterm id='idxpeertopeerppfilesharingefficiencyof' class='startofrange'><primary>peer-to-peer (p2p) file sharing</primary><secondary>efficiency of</secondary></indexterm>

 <para>
 Today we are in the middle of another <quote>war</quote> against <quote>piracy.</quote> The
 Internet has provoked this war. The Internet makes possible the
 <para>
 Today we are in the middle of another <quote>war</quote> against <quote>piracy.</quote> The
 Internet has provoked this war. The Internet makes possible the


@@ -1162,6 +1176,7 @@ sharing of copyrighted content. That sharing in turn has excited the
 war, as copyright owners fear the sharing will <quote>rob the author of the
 profit.</quote>
 </para>
 war, as copyright owners fear the sharing will <quote>rob the author of the
 profit.</quote>
 </para>

+<indexterm startref='idxpeertopeerppfilesharingefficiencyof' class='endofrange'/>

 <para>
 The warriors have turned to the courts, to the legislatures, and
 increasingly to technology to defend their <quote>property</quote> against this
 <para>
 The warriors have turned to the courts, to the legislatures, and
 increasingly to technology to defend their <quote>property</quote> against this


@@ -1189,7 +1204,11 @@ from someone else without permission is wrong. It is a form of
 piracy.
 </para>
 </blockquote>
 piracy.
 </para>
 </blockquote>

+<indexterm><primary>ASCAP</primary></indexterm>

 <indexterm><primary>Dreyfuss, Rochelle</primary></indexterm>
 <indexterm><primary>Dreyfuss, Rochelle</primary></indexterm>

+<indexterm><primary>Girl Scouts</primary></indexterm>
+<indexterm id='idxcreativepropertyifvaluethenrighttheoryof' class='startofrange'><primary>creative property</primary><secondary><quote>if value, then right</quote> theory of</secondary></indexterm>
+<indexterm id='idxifvaluethenrighttheory' class='startofrange'><primary><quote>if value, then right</quote> theory</primary></indexterm>

 <para>
 This view runs deep within the current debates. It is what NYU law
 professor Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> 
 <para>
 This view runs deep within the current debates. It is what NYU law
 professor Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> 


@@ -1213,7 +1232,7 @@ Speech, No One Wins,</quote> <citetitle>Boston Globe</citetitle>, 24 November 20
 There was <quote>value</quote> (the songs) so there must have been a
 <quote>right</quote>&mdash;even against the Girl Scouts.
 </para>
 There was <quote>value</quote> (the songs) so there must have been a
 <quote>right</quote>&mdash;even against the Girl Scouts.
 </para>

-<indexterm><primary>ASCAP</primary></indexterm>
+<indexterm startref='idxcreativepropertyifvaluethenrighttheoryof' class='endofrange'/>

 <para>
 This idea is certainly a possible understanding of how creative
 property should work. It might well be a possible design for a system
 <para>
 This idea is certainly a possible understanding of how creative
 property should work. It might well be a possible design for a system


@@ -1222,6 +1241,9 @@ of law protecting creative property. But the <quote>if value, then right</quote>
 theory of creative property has never been America's theory of
 creative property.  It has never taken hold within our law.
 </para>
 theory of creative property has never been America's theory of
 creative property.  It has never taken hold within our law.
 </para>

+<indexterm startref='idxifvaluethenrighttheory' class='endofrange'/>
+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxcreativitylegalrestrictionson' class='startofrange'><primary>creativity</primary><secondary>legal restrictions on</secondary></indexterm>

 <para>
 Instead, in our tradition, intellectual property is an instrument. It
 sets the groundwork for a richly creative society but remains
 <para>
 Instead, in our tradition, intellectual property is an instrument. It
 sets the groundwork for a richly creative society but remains


@@ -1236,6 +1258,7 @@ work on the one hand and building upon or transforming that work on
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>

+<indexterm startref='idxcopyrightlawonrepublishingvstransformationoforiginalwork' class='endofrange'/>

 <para>
 Before the technologies of the Internet, this conflation didn't matter
 all that much. The technologies of publishing were expensive; that
 <para>
 Before the technologies of the Internet, this conflation didn't matter
 all that much. The technologies of publishing were expensive; that


@@ -1244,6 +1267,7 @@ entities could bear the burden of the law&mdash;even the burden of the
 Byzantine complexity that copyright law has become. It was just one
 more expense of doing business.
 </para>
 Byzantine complexity that copyright law has become. It was just one
 more expense of doing business.
 </para>

+<indexterm><primary>copyright law</primary><secondary>creativity impeded by</secondary></indexterm>

 <indexterm><primary>Florida, Richard</primary></indexterm>
 <indexterm><primary>Rise of the Creative Class, The (Florida)</primary></indexterm>
 <para>
 <indexterm><primary>Florida, Richard</primary></indexterm>
 <indexterm><primary>Rise of the Creative Class, The (Florida)</primary></indexterm>
 <para>


@@ -1281,6 +1305,7 @@ under which it will be enabled are much more tenuous.
 Unfortunately, we are also seeing an extraordinary rise of regulation of
 this creative class.
 </para>
 Unfortunately, we are also seeing an extraordinary rise of regulation of
 this creative class.
 </para>

+<indexterm startref='idxcreativitylegalrestrictionson' class='endofrange'/>

 <para>
 These burdens make no sense in our tradition. We should begin by
 understanding that tradition a bit more and by placing in their proper
 <para>
 These burdens make no sense in our tradition. We should begin by
 understanding that tradition a bit more and by placing in their proper


@@ -1291,16 +1316,19 @@ context the current battles about behavior labeled <quote>piracy.</quote>
 <!-- PAGE BREAK 34 -->
 <chapter label="1" id="creators">
 <title>CHAPTER ONE: Creators</title>
 <!-- PAGE BREAK 34 -->
 <chapter label="1" id="creators">
 <title>CHAPTER ONE: Creators</title>

-<indexterm id="idxanimadedcartoons" class='startofrange'>
-  <primary>animated cartoons</primary>
-</indexterm>
+<indexterm id='idxanimatedcartoons' class='startofrange'><primary>animated cartoons</primary></indexterm>
+<indexterm id='idxcartoonfilms' class='startofrange'><primary>cartoon films</primary></indexterm>
+<indexterm id='idxfilmsanimated' class='startofrange'><primary>films</primary><secondary>animated</secondary></indexterm>
+<indexterm id='idxsteamboatwillie' class='startofrange'><primary>Steamboat Willie</primary></indexterm>
+<indexterm id='idxmickeymouse' class='startofrange'><primary>Mickey Mouse</primary></indexterm>

 <para>
 <para>

-In 1928, a cartoon character was born. An early Mickey Mouse
+<emphasis role="strong">In 1928</emphasis>, a cartoon character was born. An early Mickey Mouse

 made his debut in May of that year, in a silent flop called <citetitle>Plane Crazy</citetitle>.
 In November, in New York City's Colony Theater, in the first widely
 distributed cartoon synchronized with sound, <citetitle>Steamboat Willie</citetitle> brought
 to life the character that would become Mickey Mouse.
 </para>
 made his debut in May of that year, in a silent flop called <citetitle>Plane Crazy</citetitle>.
 In November, in New York City's Colony Theater, in the first widely
 distributed cartoon synchronized with sound, <citetitle>Steamboat Willie</citetitle> brought
 to life the character that would become Mickey Mouse.
 </para>

+<indexterm id='idxdisneywalt' class='startofrange'><primary>Disney, Walt</primary></indexterm>

 <para>
 Synchronized sound had been introduced to film a year earlier in the
 movie <citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy the
 <para>
 Synchronized sound had been introduced to film a year earlier in the
 movie <citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy the


@@ -1336,11 +1364,11 @@ Cartoons</citetitle> (New York: Penguin Books, 1987), 34&ndash;35.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm><primary>Iwerks, Ub</primary></indexterm>

 <para>
 Disney's then partner, and one of animation's most extraordinary
 talents, Ub Iwerks, put it more strongly: <quote>I have never been so thrilled
 in my life. Nothing since has ever equaled it.</quote>
 <para>
 Disney's then partner, and one of animation's most extraordinary
 talents, Ub Iwerks, put it more strongly: <quote>I have never been so thrilled
 in my life. Nothing since has ever equaled it.</quote>

-<indexterm><primary>Iwerks, Ub</primary></indexterm>

 </para>
 <para>
 Disney had created something very new, based upon something relatively
 </para>
 <para>
 Disney had created something very new, based upon something relatively


@@ -1351,6 +1379,9 @@ Disney's invention that set the standard that others struggled to
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>

+<indexterm startref='idxdisneywalt' class='endofrange'/>
+<indexterm id='idxkeatonbuster' class='startofrange'><primary>Keaton, Buster</primary></indexterm>
+<indexterm id='idxsteamboatbilljr' class='startofrange'><primary>Steamboat Bill, Jr.</primary></indexterm>

 <para>
 This much is familiar. What you might not know is that 1928 also marks
 another important transition. In that year, a comic (as opposed to
 <para>
 This much is familiar. What you might not know is that 1928 also marks
 another important transition. In that year, a comic (as opposed to


@@ -1365,6 +1396,8 @@ Jr</citetitle>. was a classic of this form, famous among film buffs for its
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>

+<indexterm id='idxderivativeworkspiracyvs' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 <citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon Steamboat
 Willie.
 <para>
 <citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon Steamboat
 Willie.


@@ -1388,6 +1421,12 @@ Steamboat Bill, Jr., itself inspired by the song <quote>Steamboat Bill,</quote>
 that we get Steamboat Willie, and then from Steamboat Willie, Mickey
 Mouse.
 </para>
 that we get Steamboat Willie, and then from Steamboat Willie, Mickey
 Mouse.
 </para>

+<indexterm startref='idxsteamboatwillie' class='endofrange'/>
+<indexterm startref='idxmickeymouse' class='endofrange'/>
+<indexterm startref='idxkeatonbuster' class='endofrange'/>
+<indexterm startref='idxsteamboatbilljr' class='endofrange'/>
+<indexterm id='idxcreativitybytransformingpreviousworks' class='startofrange'><primary>creativity</primary><secondary>by transforming previous works</secondary></indexterm>
+<indexterm id='idxdisneyinc' class='startofrange'><primary>Disney, Inc.</primary></indexterm>

 <para>
 This <quote>borrowing</quote> was nothing unique, either for Disney or for the
 industry. Disney was always parroting the feature-length mainstream
 <para>
 This <quote>borrowing</quote> was nothing unique, either for Disney or for the
 industry. Disney was always parroting the feature-length mainstream


@@ -1407,6 +1446,7 @@ were built upon a base that was borrowed.  Disney added to the work of
 others before him, creating something new out of something just barely
 old.
 </para>
 others before him, creating something new out of something just barely
 old.
 </para>

+<indexterm id='idxgrimmfairytales' class='startofrange'><primary>Grimm fairy tales</primary></indexterm>

 <para>
 Sometimes this borrowing was slight. Sometimes it was significant.
 Think about the fairy tales of the Brothers Grimm. If you're as
 <para>
 Sometimes this borrowing was slight. Sometimes it was significant.
 Think about the fairy tales of the Brothers Grimm. If you're as


@@ -1438,7 +1478,7 @@ creativity from the culture around him, mixed that creativity with his
 own extraordinary talent, and then burned that mix into the soul of
 his culture. Rip, mix, and burn.
 </para>
 own extraordinary talent, and then burned that mix into the soul of
 his culture. Rip, mix, and burn.
 </para>

-<indexterm startref="idxanimadedcartoons" class='endofrange'/>
+<indexterm startref='idxgrimmfairytales' class='endofrange'/>

 <para>
 This is a kind of creativity. It is a creativity that we should
 remember and celebrate. There are some who would say that there is no
 <para>
 This is a kind of creativity. It is a creativity that we should
 remember and celebrate. There are some who would say that there is no


@@ -1448,6 +1488,12 @@ would be a bit misleading. It is, more precisely, <quote>Walt Disney
 creativity</quote>&mdash;a form of expression and genius that builds upon the
 culture around us and makes it something different.
 </para>
 creativity</quote>&mdash;a form of expression and genius that builds upon the
 culture around us and makes it something different.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs' class='endofrange'/>
+<indexterm startref='idxcreativitybytransformingpreviousworks' class='endofrange'/>
+<indexterm id='idxcopyrightdurationof' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxpublicdomaindefined' class='startofrange'><primary>public domain</primary><secondary>defined</secondary></indexterm>
+<indexterm id='idxpublicdomaintraditionaltermforconversionto' class='startofrange'><primary>public domain</primary><secondary>traditional term for conversion to</secondary></indexterm>

 <para> In 1928, the culture that Disney was free to draw upon was
 relatively fresh. The public domain in 1928 was not very old and was
 therefore quite vibrant. The average term of copyright was just around
 <para> In 1928, the culture that Disney was free to draw upon was
 relatively fresh. The public domain in 1928 was not very old and was
 therefore quite vibrant. The average term of copyright was just around


@@ -1479,6 +1525,8 @@ for Disney to use and build upon in 1928. It was free for
 anyone&mdash; whether connected or not, whether rich or not, whether
 approved or not&mdash;to use and build upon.
 </para>
 anyone&mdash; whether connected or not, whether rich or not, whether
 approved or not&mdash;to use and build upon.
 </para>

+<indexterm startref='idxanimatedcartoons' class='endofrange'/>
+<indexterm startref='idxfilmsanimated' class='endofrange'/>

 <para>
 This is the ways things always were&mdash;until quite recently. For most
 of our history, the public domain was just over the horizon. From
 <para>
 This is the ways things always were&mdash;until quite recently. For most
 of our history, the public domain was just over the horizon. From


@@ -1492,12 +1540,23 @@ to now be free for the next Walt Disney to build upon without
 permission. Yet today, the public domain is presumptive only for
 content from before the Great Depression.
 </para>
 permission. Yet today, the public domain is presumptive only for
 content from before the Great Depression.
 </para>

+<indexterm startref='idxcartoonfilms' class='endofrange'/>
+<indexterm startref='idxdisneyinc' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof' class='endofrange'/>
+<indexterm startref='idxpublicdomaindefined' class='endofrange'/>
+<indexterm startref='idxpublicdomaintraditionaltermforconversionto' class='endofrange'/>
+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 <para>

-Of course, Walt Disney had no monopoly on <quote>Walt Disney creativity.</quote>
+<emphasis role="strong">Of course</emphasis>, Walt Disney had no monopoly on <quote>Walt Disney creativity.</quote>

 Nor does America. The norm of free culture has, until recently, and
 except within totalitarian nations, been broadly exploited and quite
 universal.
 </para>
 Nor does America. The norm of free culture has, until recently, and
 except within totalitarian nations, been broadly exploited and quite
 universal.
 </para>

+<indexterm id='idxcomicsjapanese' class='startofrange'><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs2' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxjapanesecomics' class='startofrange'><primary>Japanese comics</primary></indexterm>
+<indexterm id='idxmanga' class='startofrange'><primary>manga</primary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs2' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 Consider, for example, a form of creativity that seems strange to many
 Americans but that is inescapable within Japanese culture: <citetitle>manga</citetitle>, or
 <para>
 Consider, for example, a form of creativity that seems strange to many
 Americans but that is inescapable within Japanese culture: <citetitle>manga</citetitle>, or


@@ -1523,6 +1582,8 @@ But my purpose here is not to understand manga. It is to describe a
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>

+<indexterm id='idxcreativitybytransformingpreviousworks2' class='startofrange'><primary>creativity</primary><secondary>by transforming previous works</secondary></indexterm>
+<indexterm id='idxdoujinshicomics' class='startofrange'><primary>doujinshi comics</primary></indexterm>

 <para>
 This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are also comics, but
 they are a kind of copycat comic. A rich ethic governs the creation of
 <para>
 This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are also comics, but
 they are a kind of copycat comic. A rich ethic governs the creation of


@@ -1538,6 +1599,7 @@ must be different if they are to be considered true doujinshi. Indeed,
 there are committees that review doujinshi for inclusion within shows
 and reject any copycat comic that is merely a copy.
 </para>
 there are committees that review doujinshi for inclusion within shows
 and reject any copycat comic that is merely a copy.
 </para>

+<indexterm id='idxdisneywalt2' class='startofrange'><primary>Disney, Walt</primary></indexterm>

 <para>
 These copycat comics are not a tiny part of the manga market. They are
 huge. More than 33,000 <quote>circles</quote> of creators from across Japan produce
 <para>
 These copycat comics are not a tiny part of the manga market. They are
 huge. More than 33,000 <quote>circles</quote> of creators from across Japan produce


@@ -1549,6 +1611,8 @@ competes with that market, but there is no sustained effort by those
 who control the commercial manga market to shut the doujinshi market
 down. It flourishes, despite the competition and despite the law.
 </para>
 who control the commercial manga market to shut the doujinshi market
 down. It flourishes, despite the competition and despite the law.
 </para>

+<indexterm id='idxcopyrightlawjapanese' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>Steamboat Bill, Jr.</primary></indexterm>

 <para>
 The most puzzling feature of the doujinshi market, for those trained
 in the law, at least, is that it is allowed to exist at all. Under
 <para>
 The most puzzling feature of the doujinshi market, for those trained
 in the law, at least, is that it is allowed to exist at all. Under


@@ -1563,9 +1627,8 @@ the permission of the original copyright owner is illegal. It is an
 infringement of the original copyright to make a copy or a derivative
 work without the original copyright owner's permission.
 </para>
 infringement of the original copyright to make a copy or a derivative
 work without the original copyright owner's permission.
 </para>

-<indexterm id="idxwinickjudd" class='startofrange'>
-  <primary>Winick, Judd</primary>
-</indexterm>
+<indexterm startref='idxdisneywalt2' class='endofrange'/>
+<indexterm id='idxwinickjudd' class='startofrange'><primary>Winick, Judd</primary></indexterm>

 <para>
 Yet this illegal market exists and indeed flourishes in Japan, and in
 the view of many, it is precisely because it exists that Japanese manga
 <para>
 Yet this illegal market exists and indeed flourishes in Japan, and in
 the view of many, it is precisely because it exists that Japanese manga


@@ -1581,6 +1644,8 @@ For an excellent history, see Scott McCloud, <citetitle>Reinventing Comics</cite
 York: Perennial, 2000).
 </para></footnote>
 </para>
 York: Perennial, 2000).
 </para></footnote>
 </para>

+<indexterm startref='idxcopyrightlawjapanese' class='endofrange'/>
+<indexterm><primary>Superman comics</primary></indexterm>

 <para>
 American comics now are quite different, Winick explains, in part
 because of the legal difficulty of adapting comics the way doujinshi are
 <para>
 American comics now are quite different, Winick explains, in part
 because of the legal difficulty of adapting comics the way doujinshi are


@@ -1589,7 +1654,10 @@ and you have to stick to them.</quote> There are things Superman <quote>cannot</
 do. <quote>As a creator, it's frustrating having to stick to some parameters
 which are fifty years old.</quote>
 </para>
 do. <quote>As a creator, it's frustrating having to stick to some parameters
 which are fifty years old.</quote>
 </para>

-<indexterm startref="idxwinickjudd" class='endofrange'/>
+<indexterm startref='idxwinickjudd' class='endofrange'/>
+<indexterm id='idxcopyrightlawjapanese2' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxmehrasalil' class='startofrange'><primary>Mehra, Salil</primary></indexterm>

 <para>
 The norm in Japan mitigates this legal difficulty. Some say it is
 precisely the benefit accruing to the Japanese manga market that
 <para>
 The norm in Japan mitigates this legal difficulty. Some say it is
 precisely the benefit accruing to the Japanese manga market that


@@ -1609,6 +1677,9 @@ individual self-interest and decide not to press their legal
 rights. This is essentially a prisoner's dilemma solved.</quote>
 </para></footnote>
 </para>
 rights. This is essentially a prisoner's dilemma solved.</quote>
 </para></footnote>
 </para>

+<indexterm startref='idxcomicsjapanese' class='endofrange'/>
+<indexterm startref='idxjapanesecomics' class='endofrange'/>
+<indexterm startref='idxmanga' class='endofrange'/>

 <para>
 The problem with this story, however, as Mehra plainly acknowledges,
 is that the mechanism producing this laissez faire response is not
 <para>
 The problem with this story, however, as Mehra plainly acknowledges,
 is that the mechanism producing this laissez faire response is not


@@ -1620,6 +1691,8 @@ individual manga artists have sued doujinshi artists, why is there not
 a more general pattern of blocking this <quote>free taking</quote> by the doujinshi
 culture?
 </para>
 a more general pattern of blocking this <quote>free taking</quote> by the doujinshi
 culture?
 </para>

+<indexterm startref='idxcopyrightlawjapanese2' class='endofrange'/>
+<indexterm startref='idxmehrasalil' class='endofrange'/>

 <para>
 I spent four wonderful months in Japan, and I asked this question
 as often as I could. Perhaps the best account in the end was offered by
 <para>
 I spent four wonderful months in Japan, and I asked this question
 as often as I could. Perhaps the best account in the end was offered by


@@ -1638,7 +1711,10 @@ Japanese gain something important if they could end this practice of
 uncompensated sharing? Does piracy here hurt the victims of the
 piracy, or does it help them? Would lawyers fighting this piracy help
 their clients or hurt them?
 uncompensated sharing? Does piracy here hurt the victims of the
 piracy, or does it help them? Would lawyers fighting this piracy help
 their clients or hurt them?

-Let's pause for a moment.
+</para>
+<indexterm startref='idxdoujinshicomics' class='endofrange'/>
+<para>
+<emphasis role='strong'>Let's pause</emphasis> for a moment.

 </para>
 <para>
 If you're like I was a decade ago, or like most people are when they
 </para>
 <para>
 If you're like I was a decade ago, or like most people are when they


@@ -1651,6 +1727,7 @@ celebrants.  I believe in the value of property in general, and I also
 believe in the value of that weird form of property that lawyers call
 <quote>intellectual property.</quote><footnote><para>
 <!-- f7 -->
 believe in the value of that weird form of property that lawyers call
 <quote>intellectual property.</quote><footnote><para>
 <!-- f7 -->

+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 The term <citetitle>intellectual property</citetitle> is of relatively recent origin. See
 Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 11 (New York: New York
 University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of Ideas</citetitle>
 The term <citetitle>intellectual property</citetitle> is of relatively recent origin. See
 Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 11 (New York: New York
 University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of Ideas</citetitle>


@@ -1658,12 +1735,14 @@ University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of Idea
 describes a set of <quote>property</quote> rights&mdash;copyright, patents,
 trademark, and trade-secret&mdash;but the nature of those rights is
 very different.
 describes a set of <quote>property</quote> rights&mdash;copyright, patents,
 trademark, and trade-secret&mdash;but the nature of those rights is
 very different.

-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 </para></footnote>
 A large, diverse society cannot survive without property; a large,
 diverse, and modern society cannot flourish without intellectual
 property.
 </para>
 </para></footnote>
 A large, diverse society cannot survive without property; a large,
 diverse, and modern society cannot flourish without intellectual
 property.
 </para>

+<indexterm id='idxdisneywalt3' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm id='idxgrimmfairytales2' class='startofrange'><primary>Grimm fairy tales</primary></indexterm>
+<indexterm><primary>Keaton, Buster</primary></indexterm>

 <para>
 But it takes just a second's reflection to realize that there is
 plenty of value out there that <quote>property</quote> doesn't capture. I don't
 <para>
 But it takes just a second's reflection to realize that there is
 plenty of value out there that <quote>property</quote> doesn't capture. I don't


@@ -1679,6 +1758,7 @@ Disney's use would have been considered <quote>fair.</quote> There was nothing
 wrong with the taking from the Grimms because the Grimms' work was in
 the public domain.
 </para>
 wrong with the taking from the Grimms because the Grimms' work was in
 the public domain.
 </para>

+<indexterm id='idxfreeculturederivativeworksbasedon' class='startofrange'><primary>free culture</primary><secondary>derivative works based on</secondary></indexterm>

 <para>
 Thus, even though the things that Disney took&mdash;or more generally,
 the things taken by anyone exercising Walt Disney creativity&mdash;are
 <para>
 Thus, even though the things that Disney took&mdash;or more generally,
 the things taken by anyone exercising Walt Disney creativity&mdash;are


@@ -1688,6 +1768,12 @@ valuable, our tradition does not treat those takings as wrong. Some
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>

+<indexterm startref='idxgrimmfairytales2' class='endofrange'/>
+<indexterm id='idxcopyrightlawjapanese3' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxdoujinshicomics2' class='startofrange'><primary>doujinshi comics</primary></indexterm>
+<indexterm id='idxjapanesecomics2' class='startofrange'><primary>Japanese comics</primary></indexterm>
+<indexterm id='idxmanga2' class='startofrange'><primary>manga</primary></indexterm>

 <para>
 The same with the doujinshi culture. If a doujinshi artist broke into
 a publisher's office and ran off with a thousand copies of his latest
 <para>
 The same with the doujinshi culture. If a doujinshi artist broke into
 a publisher's office and ran off with a thousand copies of his latest


@@ -1696,12 +1782,20 @@ saying the artist was wrong. In addition to having trespassed, he would
 have stolen something of value. The law bans that stealing in whatever
 form, whether large or small.
 </para>
 have stolen something of value. The law bans that stealing in whatever
 form, whether large or small.
 </para>

+<indexterm startref='idxcreativitybytransformingpreviousworks2' class='endofrange'/>

 <para>
 Yet there is an obvious reluctance, even among Japanese lawyers, to
 say that the copycat comic artists are <quote>stealing.</quote> This form of Walt
 Disney creativity is seen as fair and right, even if lawyers in
 particular find it hard to say why.
 </para>
 <para>
 Yet there is an obvious reluctance, even among Japanese lawyers, to
 say that the copycat comic artists are <quote>stealing.</quote> This form of Walt
 Disney creativity is seen as fair and right, even if lawyers in
 particular find it hard to say why.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs2' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawjapanese3' class='endofrange'/>
+<indexterm startref='idxdoujinshicomics2' class='endofrange'/>
+<indexterm startref='idxjapanesecomics2' class='endofrange'/>
+<indexterm startref='idxmanga2' class='endofrange'/>
+<indexterm><primary>Shakespeare, William</primary></indexterm>

 <para>
 It's the same with a thousand examples that appear everywhere once you
 begin to look. Scientists build upon the work of other scientists
 <para>
 It's the same with a thousand examples that appear everywhere once you
 begin to look. Scientists build upon the work of other scientists


@@ -1727,6 +1821,7 @@ every society has left a certain bit of its culture free for the taking&mdash;fr
 societies more fully than unfree, perhaps, but all societies to some degree.
 <!-- PAGE BREAK 43 -->
 </para>
 societies more fully than unfree, perhaps, but all societies to some degree.
 <!-- PAGE BREAK 43 -->
 </para>

+<indexterm startref='idxdisneywalt3' class='endofrange'/>

 <para>
 The hard question is therefore not <emphasis>whether</emphasis> a
 culture is free. All cultures are free to some degree. The hard
 <para>
 The hard question is therefore not <emphasis>whether</emphasis> a
 culture is free. All cultures are free to some degree. The hard


@@ -1744,24 +1839,26 @@ Free cultures are cultures that leave a great deal open for others to
 build upon; unfree, or permission, cultures leave much less. Ours was a
 free culture. It is becoming much less so.
 </para>
 build upon; unfree, or permission, cultures leave much less. Ours was a
 free culture. It is becoming much less so.
 </para>

+<indexterm startref='idxfreeculturederivativeworksbasedon' class='endofrange'/>

 
 <!-- PAGE BREAK 44 -->
 </chapter>
 <chapter label="2" id="mere-copyists">
 <title>CHAPTER TWO: <quote>Mere Copyists</quote></title>
 
 <!-- PAGE BREAK 44 -->
 </chapter>
 <chapter label="2" id="mere-copyists">
 <title>CHAPTER TWO: <quote>Mere Copyists</quote></title>

-<indexterm id="idxphotography" class='startofrange'>
-  <primary>photography</primary>
-</indexterm>
+<indexterm><primary>Daguerre, Louis</primary></indexterm>
+<indexterm id='idxcameratechnology' class='startofrange'><primary>camera technology</primary></indexterm>
+<indexterm id='idxphotography' class='startofrange'><primary>photography</primary></indexterm>

 <para>
 <para>

-In 1839, Louis Daguerre invented the first practical technology for
-producing what we would call <quote>photographs.</quote> Appropriately enough, they
-were called <quote>daguerreotypes.</quote> The process was complicated and
+<emphasis role='strong'>In 1839</emphasis>, Louis Daguerre invented
+the first practical technology for producing what we would call
+<quote>photographs.</quote> Appropriately enough, they were called
+<quote>daguerreotypes.</quote> The process was complicated and

 expensive, and the field was thus limited to professionals and a few
 zealous and wealthy amateurs. (There was even an American Daguerre
 Association that helped regulate the industry, as do all such
 associations, by keeping competition down so as to keep prices up.)
 expensive, and the field was thus limited to professionals and a few
 zealous and wealthy amateurs. (There was even an American Daguerre
 Association that helped regulate the industry, as do all such
 associations, by keeping competition down so as to keep prices up.)

-<indexterm><primary>Daguerre, Louis</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>Talbot, William</primary></indexterm>

 <para>
 Yet despite high prices, the demand for daguerreotypes was strong.
 This pushed inventors to find simpler and cheaper ways to make
 <para>
 Yet despite high prices, the demand for daguerreotypes was strong.
 This pushed inventors to find simpler and cheaper ways to make


@@ -1772,11 +1869,8 @@ the 1870s, dry plates were developed, making it easier to separate the
 taking of a picture from its developing. These were still plates of
 glass, and thus it was still not a process within reach of most
 amateurs.
 taking of a picture from its developing. These were still plates of
 glass, and thus it was still not a process within reach of most
 amateurs.

-<indexterm><primary>Talbot, William</primary></indexterm>

 </para>
 </para>

-<indexterm id="idxeastmangeorge" class='startofrange'>
-  <primary>Eastman, George</primary>
-</indexterm>
+<indexterm id='idxeastmangeorge' class='startofrange'><primary>Eastman, George</primary></indexterm>

 <para>
 The technological change that made mass photography possible
 didn't happen until 1888, and was the creation of a single man. George
 <para>
 The technological change that made mass photography possible
 didn't happen until 1888, and was the creation of a single man. George


@@ -1789,6 +1883,8 @@ a developer, driving the costs of photography down substantially. By
 lowering the costs, Eastman expected he could dramatically broaden the
 population of photographers.
 </para>
 lowering the costs, Eastman expected he could dramatically broaden the
 population of photographers.
 </para>

+<indexterm id='idxkodakcameras' class='startofrange'><primary>Kodak cameras</primary></indexterm>
+<indexterm id='idxkodakprimertheeastman' class='startofrange'><primary>Kodak Primer, The (Eastman)</primary></indexterm>

 <para>
 Eastman developed flexible, emulsion-coated paper film and placed
 rolls of it in small, simple cameras: the Kodak. The device was
 <para>
 Eastman developed flexible, emulsion-coated paper film and placed
 rolls of it in small, simple cameras: the Kodak. The device was


@@ -1797,7 +1893,6 @@ do the rest.</quote><footnote><para>
 <!-- f1 -->
 Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: Johns Hopkins University Press, 1975), 112.
 </para></footnote> As he described in <citetitle>The Kodak Primer</citetitle>:
 <!-- f1 -->
 Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: Johns Hopkins University Press, 1975), 112.
 </para></footnote> As he described in <citetitle>The Kodak Primer</citetitle>:

-<indexterm><primary>Kodak Primer, The (Eastman)</primary></indexterm>

 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>


@@ -1812,12 +1907,13 @@ preliminary study, without a darkroom and without
 chemicals.<footnote>
 <para>
 <!-- f2 -->
 chemicals.<footnote>
 <para>
 <!-- f2 -->

+<indexterm><primary>Coe, Brian</primary></indexterm>

 Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: Taplinger Publishing,
 1977), 53.
 Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: Taplinger Publishing,
 1977), 53.

-<indexterm><primary>Coe, Brian</primary></indexterm>

 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxkodakprimertheeastman' class='endofrange'/>

 <para>
 For $25, anyone could make pictures. The camera came preloaded
 with film, and when it had been used, the camera was returned to an
 <para>
 For $25, anyone could make pictures. The camera came preloaded
 with film, and when it had been used, the camera was returned to an


@@ -1855,6 +1951,8 @@ interpretation or bias.</quote><footnote><para>
 Coe, 58.
 </para></footnote>
 </para>
 Coe, 58.
 </para></footnote>
 </para>

+<indexterm><primary>democracy</primary><secondary>in technologies of expression</secondary></indexterm>
+<indexterm><primary>expression, technologies of</primary><secondary>democratic</secondary></indexterm>

 <para>
 In this way, the Kodak camera and film were technologies of
 expression.  The pencil or paintbrush was also a technology of
 <para>
 In this way, the Kodak camera and film were technologies of
 expression.  The pencil or paintbrush was also a technology of


@@ -1868,6 +1966,8 @@ creativity that the Kodak enabled. Democratic tools gave ordinary
 people a way to express themselves more easily than any tools could
 have before.
 </para>
 people a way to express themselves more easily than any tools could
 have before.
 </para>

+<indexterm startref='idxkodakcameras' class='endofrange'/>
+<indexterm id='idxpermissionsphotographyexemptedfrom' class='startofrange'><primary>permissions</primary><secondary>photography exempted from</secondary></indexterm>

 <para>
 What was required for this technology to flourish? Obviously,
 Eastman's genius was an important part. But also important was the
 <para>
 What was required for this technology to flourish? Obviously,
 Eastman's genius was an important part. But also important was the


@@ -1885,6 +1985,9 @@ v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905);
 Dist. Ct. 1894).
 </para></footnote>
 </para>
 Dist. Ct. 1894).
 </para></footnote>
 </para>

+<indexterm startref='idxcameratechnology' class='endofrange'/>
+<indexterm id='idxdisneywalt4' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm id='idximagesownershipof' class='startofrange'><primary>images, ownership of</primary></indexterm>

 <para>
 The arguments in favor of requiring permission will sound surprisingly
 familiar. The photographer was <quote>taking</quote> something from the person or
 <para>
 The arguments in favor of requiring permission will sound surprisingly
 familiar. The photographer was <quote>taking</quote> something from the person or


@@ -1897,6 +2000,8 @@ Mickey, so, too, should these photographers not be free to take images
 that they thought valuable.
 </para>
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>
 that they thought valuable.
 </para>
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>

+<indexterm><primary>Steamboat Bill, Jr.</primary></indexterm>
+<indexterm id='idxcameratechnology2' class='startofrange'><primary>camera technology</primary></indexterm>

 <para>
 On the other side was an argument that should be familiar, as well.
 Sure, there may be something of value being used. But citizens should
 <para>
 On the other side was an argument that should be familiar, as well.
 Sure, there may be something of value being used. But citizens should


@@ -1914,6 +2019,7 @@ gets something for nothing. Just as Disney could take inspiration from
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>

+<indexterm startref='idxdisneywalt4' class='endofrange'/>

 <para>
 Fortunately for Mr. Eastman, and for photography in general, these
 early decisions went in favor of the pirates. In general, no
 <para>
 Fortunately for Mr. Eastman, and for photography in general, these
 early decisions went in favor of the pirates. In general, no


@@ -1932,6 +2038,8 @@ Inc</citetitle>., 971 F.  2d 1395 (9th Cir. 1992), cert. denied, 508 U.S. 951
 (1993).
 </para></footnote>)
 </para>
 (1993).
 </para></footnote>)
 </para>

+<indexterm><primary>Kodak cameras</primary></indexterm>
+<indexterm><primary>Napster</primary></indexterm>

 <para>
 We can only speculate about how photography would have developed had
 the law gone the other way. If the presumption had been against the
 <para>
 We can only speculate about how photography would have developed had
 the law gone the other way. If the presumption had been against the


@@ -1947,6 +2055,10 @@ imagine the law then requiring that some form of permission be
 demonstrated before a company developed pictures. We could imagine a
 system developing to demonstrate that permission.
 </para>
 demonstrated before a company developed pictures. We could imagine a
 system developing to demonstrate that permission.
 </para>

+<indexterm startref='idxcameratechnology2' class='endofrange'/>
+<indexterm id='idxcameratechnology3' class='startofrange'><primary>camera technology</primary></indexterm>
+<indexterm><primary>democracy</primary><secondary>in technologies of expression</secondary></indexterm>
+<indexterm><primary>expression, technologies of</primary><secondary>democratic</secondary></indexterm>

 <para>
 
 <!-- PAGE BREAK 48 -->
 <para>
 
 <!-- PAGE BREAK 48 -->


@@ -1960,22 +2072,33 @@ easily borne the burdens of the permission system. But the spread of
 photography to ordinary people would not have occurred. Nothing like
 that growth would have been realized. And certainly, nothing like that
 growth in a democratic technology of expression would have been
 photography to ordinary people would not have occurred. Nothing like
 that growth would have been realized. And certainly, nothing like that
 growth in a democratic technology of expression would have been

-realized.  If you drive through San Francisco's Presidio, you might
-see two gaudy yellow school buses painted over with colorful and
-striking images, and the logo <quote>Just Think!</quote> in place of the name of a
-school. But there's little that's <quote>just</quote> cerebral in the projects that
-these busses enable.  These buses are filled with technologies that
-teach kids to tinker with film. Not the film of Eastman. Not even the
-film of your VCR.  Rather the <quote>film</quote> of digital cameras. Just Think!
-is a project that enables kids to make films, as a way to understand
-and critique the filmed culture that they find all around them. Each
-year, these busses travel to more than thirty schools and enable three
-hundred to five hundred children to learn something about media by
-doing something with media.  By doing, they think. By tinkering, they
-learn.
-</para>
-<indexterm startref="idxeastmangeorge" class='endofrange'/>
-<indexterm startref="idxphotography" class='endofrange'/>
+realized.
+</para>
+<indexterm startref='idxphotography' class='endofrange'/>
+<indexterm startref='idxeastmangeorge' class='endofrange'/>
+<indexterm startref='idxpermissionsphotographyexemptedfrom' class='endofrange'/>
+<indexterm startref='idximagesownershipof' class='endofrange'/>
+<indexterm><primary>digital cameras</primary></indexterm>
+<indexterm id='idxjustthink' class='startofrange'><primary>Just Think!</primary></indexterm>
+<para>
+<emphasis role='strong'>If you drive</emphasis> through San
+Francisco's Presidio, you might see two gaudy yellow school buses
+painted over with colorful and striking images, and the logo
+<quote>Just Think!</quote> in place of the name of a school. But
+there's little that's <quote>just</quote> cerebral in the projects
+that these busses enable.  These buses are filled with technologies
+that teach kids to tinker with film. Not the film of Eastman. Not even
+the film of your VCR.  Rather the <quote>film</quote> of digital
+cameras. Just Think!  is a project that enables kids to make films, as
+a way to understand and critique the filmed culture that they find all
+around them. Each year, these busses travel to more than thirty
+schools and enable three hundred to five hundred children to learn
+something about media by doing something with media.  By doing, they
+think. By tinkering, they learn.
+</para>
+<indexterm id='idxeducationinmedialiteracy' class='startofrange'><primary>education</primary><secondary>in media literacy</secondary></indexterm>
+<indexterm id='idxmedialiteracy' class='startofrange'><primary>media literacy</primary></indexterm>
+<indexterm id='idxexpressiontechnologiesofmedialiteracyand' class='startofrange'><primary>expression, technologies of</primary><secondary>media literacy and</secondary></indexterm>

 <para>
 These buses are not cheap, but the technology they carry is
 increasingly so. The cost of a high-quality digital video system has
 <para>
 These buses are not cheap, but the technology they carry is
 increasingly so. The cost of a high-quality digital video system has


@@ -1993,6 +2116,7 @@ of thousands just ten years ago. And it is now feasible to imagine not
 just buses like this, but classrooms across the country where kids are
 learning more and more of something teachers call <quote>media literacy.</quote>
 </para>
 just buses like this, but classrooms across the country where kids are
 learning more and more of something teachers call <quote>media literacy.</quote>
 </para>

+<indexterm><primary>Yanofsky, Dave</primary></indexterm>

 <para>
 <!-- PAGE BREAK 49 -->
 <quote>Media literacy,</quote> as Dave Yanofsky, the executive director of Just
 <para>
 <!-- PAGE BREAK 49 -->
 <quote>Media literacy,</quote> as Dave Yanofsky, the executive director of Just


@@ -2000,8 +2124,8 @@ Think!, puts it, <quote>is the ability &hellip; to understand, analyze, and
 deconstruct media images. Its aim is to make [kids] literate about the
 way media works, the way it's constructed, the way it's delivered, and
 the way people access it.</quote>
 deconstruct media images. Its aim is to make [kids] literate about the
 way media works, the way it's constructed, the way it's delivered, and
 the way people access it.</quote>

-<indexterm><primary>Yanofsky, Dave</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxjustthink' class='endofrange'/>

 <para>
 This may seem like an odd way to think about <quote>literacy.</quote> For most
 people, literacy is about reading and writing. Faulkner and Hemingway
 <para>
 This may seem like an odd way to think about <quote>literacy.</quote> For most
 people, literacy is about reading and writing. Faulkner and Hemingway


@@ -2009,6 +2133,8 @@ and noticing split infinitives are the things that <quote>literate</quote> peopl
 about.
 </para>
 <indexterm><primary>advertising</primary></indexterm>
 about.
 </para>
 <indexterm><primary>advertising</primary></indexterm>

+<indexterm><primary>commercials</primary></indexterm>
+<indexterm><primary>television</primary><secondary>advertising on</secondary></indexterm>

 <para>
 Maybe. But in a world where children see on average 390 hours of
 television commercials per year, or between 20,000 and 45,000 
 <para>
 Maybe. But in a world where children see on average 390 hours of
 television commercials per year, or between 20,000 and 45,000 


@@ -2034,6 +2160,7 @@ how difficult media is. Or more fundamentally, few of us have a sense
 of how media works, how it holds an audience or leads it through a
 story, how it triggers emotion or builds suspense.
 </para>
 of how media works, how it holds an audience or leads it through a
 story, how it triggers emotion or builds suspense.
 </para>

+<indexterm startref='idxcameratechnology3' class='endofrange'/>

 <para>
 It took filmmaking a generation before it could do these things well.
 But even then, the knowledge was in the filming, not in writing about
 <para>
 It took filmmaking a generation before it could do these things well.
 But even then, the knowledge was in the filming, not in writing about


@@ -2042,6 +2169,7 @@ from reading a book about it. One learns to write by writing and then
 reflecting upon what one has written. One learns to write with images
 by making them and then reflecting upon what one has created.
 </para>
 reflecting upon what one has written. One learns to write with images
 by making them and then reflecting upon what one has created.
 </para>

+<indexterm id='idxdaleyelizabeth' class='startofrange'><primary>Daley, Elizabeth</primary></indexterm>

 <indexterm><primary>Crichton, Michael</primary></indexterm>
 <para>
 This grammar has changed as media has changed. When it was just film,
 <indexterm><primary>Crichton, Michael</primary></indexterm>
 <para>
 This grammar has changed as media has changed. When it was just film,


@@ -2123,7 +2251,7 @@ language of the twenty-first century.</quote><footnote><para>
 Ibid.
 </para></footnote>
 </para>
 Ibid.
 </para></footnote>
 </para>

-<indexterm><primary>Barish, Stephanie</primary></indexterm>
+<indexterm id='idxbarishstephanie' class='startofrange'><primary>Barish, Stephanie</primary></indexterm>

 <para>
 As with any language, this language comes more easily to some than to
 others. It doesn't necessarily come more easily to those who excel in
 <para>
 As with any language, this language comes more easily to some than to
 others. It doesn't necessarily come more easily to those who excel in


@@ -2136,6 +2264,7 @@ failure. But Daley and Barish ran a program that gave kids an
 opportunity to use film to express meaning about something the
 students know something about&mdash;gun violence.
 </para>
 opportunity to use film to express meaning about something the
 students know something about&mdash;gun violence.
 </para>

+<indexterm startref='idxdaleyelizabeth' class='endofrange'/>

 <para>
 The class was held on Friday afternoons, and it created a relatively
 new problem for the school. While the challenge in most classes was
 <para>
 The class was held on Friday afternoons, and it created a relatively
 new problem for the school. While the challenge in most classes was


@@ -2161,6 +2290,8 @@ can do well. Yet neither is text a form in which
 <emphasis>these</emphasis> ideas can be expressed well. The power of
 this message depended upon its connection to this form of expression.
 </para>
 <emphasis>these</emphasis> ideas can be expressed well. The power of
 this message depended upon its connection to this form of expression.
 </para>

+<indexterm startref='idxbarishstephanie' class='endofrange'/>
+<indexterm id='idxdaleyelizabeth2' class='startofrange'><primary>Daley, Elizabeth</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 52 -->
 <para>
 
 <!-- PAGE BREAK 52 -->


@@ -2193,6 +2324,7 @@ make a little movie.</quote> But instead, really help you take these elements
 that you understand, that are your language, and construct meaning
 about the topic.&hellip;
 </para>
 that you understand, that are your language, and construct meaning
 about the topic.&hellip;
 </para>

+<indexterm><primary>Barish, Stephanie</primary></indexterm>

 <para>
 That empowers enormously. And then what happens, of
 course, is eventually, as it has happened in all these classes, they
 <para>
 That empowers enormously. And then what happens, of
 course, is eventually, as it has happened in all these classes, they


@@ -2211,16 +2343,24 @@ had a lot of power with this language.
 <!-- FIXME removed a " from the end of the previous paragraph that did
      not match with any start quote. -->
 </blockquote>
 <!-- FIXME removed a " from the end of the previous paragraph that did
      not match with any start quote. -->
 </blockquote>

-<para>
-When two planes crashed into the World Trade Center, another into the
-Pentagon, and a fourth into a Pennsylvania field, all media around the
-world shifted to this news. Every moment of just about every day for
-that week, and for weeks after, television in particular, and media
-generally, retold the story of the events we had just witnessed. The
-telling was a retelling, because we had seen the events that were
-described. The genius of this awful act of terrorism was that the
-delayed second attack was perfectly timed to assure that the whole
-world would be watching.
+<indexterm startref='idxeducationinmedialiteracy' class='endofrange'/>
+<indexterm startref='idxmedialiteracy' class='endofrange'/>
+<indexterm startref='idxexpressiontechnologiesofmedialiteracyand' class='endofrange'/>
+<indexterm startref='idxdaleyelizabeth2' class='endofrange'/>
+<indexterm id='idxseptemberterroristattacksof' class='startofrange'><primary>September 11, 2001, terrorist attacks of</primary></indexterm>
+<indexterm><primary>World Trade Center</primary></indexterm>
+<indexterm id='idxnewscoverage' class='startofrange'><primary>news coverage</primary></indexterm>
+<para>
+<emphasis role='strong'>When two planes</emphasis> crashed into the
+World Trade Center, another into the Pentagon, and a fourth into a
+Pennsylvania field, all media around the world shifted to this
+news. Every moment of just about every day for that week, and for
+weeks after, television in particular, and media generally, retold the
+story of the events we had just witnessed. The telling was a
+retelling, because we had seen the events that were described. The
+genius of this awful act of terrorism was that the delayed second
+attack was perfectly timed to assure that the whole world would be
+watching.

 </para>
 <para>
 These retellings had an increasingly familiar feel. There was music
 </para>
 <para>
 These retellings had an increasingly familiar feel. There was music


@@ -2246,6 +2386,7 @@ the term in his book <citetitle>Cyber Rights</citetitle>, around a news event th
 captured the attention of the world. There was ABC and CBS, but there
 was also the Internet.
 </para>
 captured the attention of the world. There was ABC and CBS, but there
 was also the Internet.
 </para>

+<indexterm startref='idxseptemberterroristattacksof' class='endofrange'/>

 <para>
 I don't mean simply to praise the Internet&mdash;though I do think the
 people who supported this form of speech should be praised. I mean
 <para>
 I don't mean simply to praise the Internet&mdash;though I do think the
 people who supported this form of speech should be praised. I mean


@@ -2265,6 +2406,10 @@ and obviously not just that events are commented upon critically, but
 that this mix of captured images, sound, and commentary can be widely
 spread practically instantaneously.
 </para>
 that this mix of captured images, sound, and commentary can be widely
 spread practically instantaneously.
 </para>

+<indexterm><primary>September 11, 2001, terrorist attacks of</primary></indexterm>
+<indexterm id='idxblogsweblogs' class='startofrange'><primary>blogs (Web-logs)</primary></indexterm>
+<indexterm id='idxinternetblogson' class='startofrange'><primary>Internet</primary><secondary>blogs on</secondary></indexterm>
+<indexterm id='idxweblogsblogs' class='startofrange'><primary>Web-logs (blogs)</primary></indexterm>

 <para>
 September 11 was not an aberration. It was a beginning. Around the
 same time, a form of communication that has grown dramatically was
 <para>
 September 11 was not an aberration. It was a beginning. Around the
 same time, a form of communication that has grown dramatically was


@@ -2274,6 +2419,8 @@ such as in Japan, it functions very much like a diary. In those
 cultures, it records private facts in a public way&mdash;it's a kind
 of electronic <citetitle>Jerry Springer</citetitle>, available anywhere in the world.
 </para>
 cultures, it records private facts in a public way&mdash;it's a kind
 of electronic <citetitle>Jerry Springer</citetitle>, available anywhere in the world.
 </para>

+<indexterm><primary>political discourse</primary></indexterm>
+<indexterm id='idxinternetpublicdiscourseconductedon' class='startofrange'><primary>Internet</primary><secondary>public discourse conducted on</secondary></indexterm>

 <para>
 But in the United States, blogs have taken on a very different
 character.  There are some who use the space simply to talk about
 <para>
 But in the United States, blogs have taken on a very different
 character.  There are some who use the space simply to talk about


@@ -2288,6 +2435,9 @@ are relatively short; they point directly to words used by others,
 criticizing with or adding to them.  They are arguably the most
 important form of unchoreographed public discourse that we have.
 </para>
 criticizing with or adding to them.  They are arguably the most
 important form of unchoreographed public discourse that we have.
 </para>

+<indexterm id='idxdemocracyintechnologiesofexpression' class='startofrange'><primary>democracy</primary><secondary>in technologies of expression</secondary></indexterm>
+<indexterm id='idxelections' class='startofrange'><primary>elections</primary></indexterm>
+<indexterm id='idxexpressiontechnologiesofdemocratic' class='startofrange'><primary>expression, technologies of</primary><secondary>democratic</secondary></indexterm>

 <para>
 That's a strong statement. Yet it says as much about our democracy as
 it does about blogs. This is the part of America that is most
 <para>
 That's a strong statement. Yet it says as much about our democracy as
 it does about blogs. This is the part of America that is most


@@ -2299,6 +2449,12 @@ people vote
 in those elections. The cycle of these elections has become totally
 professionalized and routinized. Most of us think this is democracy.
 </para>
 in those elections. The cycle of these elections has become totally
 professionalized and routinized. Most of us think this is democracy.
 </para>

+<indexterm startref='idxblogsweblogs' class='endofrange'/>
+<indexterm startref='idxinternetblogson' class='endofrange'/>
+<indexterm startref='idxweblogsblogs' class='endofrange'/>
+<indexterm><primary>Tocqueville, Alexis de</primary></indexterm>
+<indexterm id='idxdemocracypublicdiscoursein' class='startofrange'><primary>democracy</primary><secondary>public discourse in</secondary></indexterm>
+<indexterm><primary>jury system</primary></indexterm>

 <para>
 But democracy has never just been about elections. Democracy
 means rule by the people, but rule means something more than mere
 <para>
 But democracy has never just been about elections. Democracy
 means rule by the people, but rule means something more than mere


@@ -2319,6 +2475,7 @@ See, for example, Alexis de Tocqueville, <citetitle>Democracy in America</citeti
 bk. 1, trans.  Henry Reeve (New York: Bantam Books, 2000), ch. 16.
 </para></footnote>
 </para>
 bk. 1, trans.  Henry Reeve (New York: Bantam Books, 2000), ch. 16.
 </para></footnote>
 </para>

+<indexterm startref='idxelections' class='endofrange'/>

 <para>
 Yet even this institution flags in American life today. And in its
 place, there is no systematic effort to enable citizen deliberation. Some
 <para>
 Yet even this institution flags in American life today. And in its
 place, there is no systematic effort to enable citizen deliberation. Some


@@ -2331,6 +2488,7 @@ And in some towns in New England, something close to deliberation
 remains. But for most of us for most of the time, there is no time or
 place for <quote>democratic deliberation</quote> to occur.
 </para>
 remains. But for most of us for most of the time, there is no time or
 place for <quote>democratic deliberation</quote> to occur.
 </para>

+<indexterm id='idxpoliticaldiscourse' class='startofrange'><primary>political discourse</primary></indexterm>

 <para>
 More bizarrely, there is generally not even permission for it to
 occur.  We, the most powerful democracy in the world, have developed a
 <para>
 More bizarrely, there is generally not even permission for it to
 occur.  We, the most powerful democracy in the world, have developed a


@@ -2344,6 +2502,13 @@ Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton Univers
 </para></footnote> We say what our friends want to hear, and hear very
 little beyond what our friends say.
 </para>
 </para></footnote> We say what our friends want to hear, and hear very
 little beyond what our friends say.
 </para>

+<indexterm id='idxblogsweblogs2' class='startofrange'><primary>blogs (Web-logs)</primary></indexterm>
+<indexterm><primary>e-mail</primary></indexterm>
+<indexterm id='idxinternetblogson2' class='startofrange'><primary>Internet</primary><secondary>blogs on</secondary></indexterm>
+<indexterm id='idxweblogsblogs2' class='startofrange'><primary>Web-logs (blogs)</primary></indexterm>
+<indexterm startref='idxdemocracyintechnologiesofexpression' class='endofrange'/>
+<indexterm startref='idxexpressiontechnologiesofdemocratic' class='endofrange'/>
+<indexterm startref='idxdemocracypublicdiscoursein' class='endofrange'/>

 <para>
 Enter the blog. The blog's very architecture solves one part of this
 problem. People post when they want to post, and people read when they
 <para>
 Enter the blog. The blog's very architecture solves one part of this
 problem. People post when they want to post, and people read when they


@@ -2363,13 +2528,17 @@ the left. Some of the most popular sites are conservative or libertarian,
 but there are many of all political stripes. And even blogs that are not
 political cover political issues when the occasion merits.
 </para>
 but there are many of all political stripes. And even blogs that are not
 political cover political issues when the occasion merits.
 </para>

+<indexterm><primary>Dean, Howard</primary></indexterm>

 <para>
 The significance of these blogs is tiny now, though not so tiny. The
 name Howard Dean may well have faded from the 2004 presidential race
 but for blogs. Yet even if the number of readers is small, the reading
 is having an effect.
 <para>
 The significance of these blogs is tiny now, though not so tiny. The
 name Howard Dean may well have faded from the 2004 presidential race
 but for blogs. Yet even if the number of readers is small, the reading
 is having an effect.

-<indexterm><primary>Dean, Howard</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>Lott, Trent</primary></indexterm>
+<indexterm><primary>Thurmond, Strom</primary></indexterm>
+<indexterm id='idxmediablogpressureon' class='startofrange'><primary>media</primary><secondary>blog pressure on</secondary></indexterm>
+<indexterm id='idxinternetnewseventson2' class='startofrange'><primary>Internet</primary><secondary>news events on</secondary></indexterm>

 <para>
 One direct effect is on stories that had a different life cycle in the
 mainstream media. The Trent Lott affair is an example. When Lott
 <para>
 One direct effect is on stories that had a different life cycle in the
 mainstream media. The Trent Lott affair is an example. When Lott


@@ -2385,8 +2554,8 @@ resign as senate majority leader.<footnote><para>
 Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the Pot,</quote> New
 York Times, 16 January 2003, G5.
 </para></footnote>
 Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the Pot,</quote> New
 York Times, 16 January 2003, G5.
 </para></footnote>

-<indexterm><primary>Lott, Trent</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxmediacommercialimperativesof' class='startofrange'><primary>media</primary><secondary>commercial imperatives of</secondary></indexterm>

 <para>
 This different cycle is possible because the same commercial pressures
 don't exist with blogs as with other ventures. Television and
 <para>
 This different cycle is possible because the same commercial pressures
 don't exist with blogs as with other ventures. Television and


@@ -2394,6 +2563,8 @@ newspapers are commercial entities. They must work to keep attention.
 If they lose readers, they lose revenue. Like sharks, they must move
 on.
 </para>
 If they lose readers, they lose revenue. Like sharks, they must move
 on.
 </para>

+<indexterm startref='idxmediablogpressureon' class='endofrange'/>
+<indexterm><primary>Internet</primary><secondary>peer-generated rankings on</secondary></indexterm>

 <para>
 But bloggers don't have a similar constraint. They can obsess, they
 can focus, they can get serious. If a particular blogger writes a
 <para>
 But bloggers don't have a similar constraint. They can obsess, they
 can focus, they can get serious. If a particular blogger writes a


@@ -2403,9 +2574,9 @@ rises in the ranks of stories. People read what is popular; what is
 popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>
 popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>

-<indexterm id="idxwinerdave" class='startofrange'>
-  <primary>Winer, Dave</primary>
-</indexterm>
+<indexterm startref='idxmediacommercialimperativesof' class='endofrange'/>
+<indexterm id='idxjournalism' class='startofrange'><primary>journalism</primary></indexterm>
+<indexterm id='idxwinerdave' class='startofrange'><primary>Winer, Dave</primary></indexterm>

 <para>
 There's a second way, as well, in which blogs have a different cycle
 <!-- PAGE BREAK 57 -->
 <para>
 There's a second way, as well, in which blogs have a different cycle
 <!-- PAGE BREAK 57 -->


@@ -2418,6 +2589,9 @@ conflict of interest is so easily disclosed that you know you can sort of
 get it out of the way.</quote>
 </para>
 <indexterm><primary>CNN</primary></indexterm>
 get it out of the way.</quote>
 </para>
 <indexterm><primary>CNN</primary></indexterm>

+<indexterm><primary>media</primary><secondary>commercial imperatives of</secondary></indexterm>
+<indexterm><primary>Iraq war</primary></indexterm>
+<indexterm><primary>media</primary><secondary>ownership concentration in</secondary></indexterm>

 <para>
 These conflicts become more important as media becomes more
 concentrated (more on this below). A concentrated media can hide more
 <para>
 These conflicts become more important as media becomes more
 concentrated (more on this below). A concentrated media can hide more


@@ -2435,13 +2609,15 @@ account of the war was too bleak: She needed to offer a more
 optimistic story. When she told New York that wasn't warranted, they
 told her that <emphasis>they</emphasis> were writing <quote>the story.</quote>)
 </para>
 optimistic story. When she told New York that wasn't warranted, they
 told her that <emphasis>they</emphasis> were writing <quote>the story.</quote>)
 </para>

-<para> Blog space gives amateurs a way to enter the
-debate&mdash;<quote>amateur</quote> not in the sense of inexperienced, but in the
-sense of an Olympic athlete, meaning not paid by anyone to give their
-reports. It allows for a much broader range of input into a story, as
-reporting on the Columbia disaster revealed, when hundreds from across
-the southwest United States turned to the Internet to retell what they
-had seen.<footnote><para>
+<indexterm startref='idxinternetnewseventson2' class='endofrange'/>
+<para>
+Blog space gives amateurs a way to enter the
+debate&mdash;<quote>amateur</quote> not in the sense of inexperienced,
+but in the sense of an Olympic athlete, meaning not paid by anyone to
+give their reports. It allows for a much broader range of input into a
+story, as reporting on the Columbia disaster revealed, when hundreds
+from across the southwest United States turned to the Internet to
+retell what they had seen.<footnote><para>

 <!-- f20 -->
 John Schwartz, <quote>Loss of the Shuttle: The Internet; A Wealth of
 Information Online,</quote> <citetitle>New York Times</citetitle>, 2 February 2003, A28; Staci
 <!-- f20 -->
 John Schwartz, <quote>Loss of the Shuttle: The Internet; A Wealth of
 Information Online,</quote> <citetitle>New York Times</citetitle>, 2 February 2003, A28; Staci


@@ -2462,6 +2638,10 @@ not clear that <quote>journalism</quote> is happy about this&mdash;some journali
 have been told to curtail their blogging.<footnote>
 <para>
 <!-- f21 -->
 have been told to curtail their blogging.<footnote>
 <para>
 <!-- f21 -->

+<indexterm><primary>CNN</primary></indexterm>
+<indexterm><primary>Iraq war</primary></indexterm>
+<indexterm><primary>Olafson, Steve</primary></indexterm>
+<indexterm><primary>blogs (Web-logs)</primary></indexterm>

 See Michael Falcone, <quote>Does an Editor's Pencil Ruin a Web Log?</quote> <citetitle>New
 York Times</citetitle>, 29 September 2003, C4. (<quote>Not all news organizations have
 been as accepting of employees who blog. Kevin Sites, a CNN
 See Michael Falcone, <quote>Does an Editor's Pencil Ruin a Web Log?</quote> <citetitle>New
 York Times</citetitle>, 29 September 2003, C4. (<quote>Not all news organizations have
 been as accepting of employees who blog. Kevin Sites, a CNN


@@ -2470,8 +2650,6 @@ war on March 9, stopped posting 12 days later at his bosses'
 request. Last year Steve Olafson, a <citetitle>Houston Chronicle</citetitle> reporter, was
 fired for keeping a personal Web log, published under a pseudonym,
 that dealt with some of the issues and people he was covering.</quote>)
 request. Last year Steve Olafson, a <citetitle>Houston Chronicle</citetitle> reporter, was
 fired for keeping a personal Web log, published under a pseudonym,
 that dealt with some of the issues and people he was covering.</quote>)

-<indexterm><primary>CNN</primary></indexterm>
-<indexterm><primary>Olafson, Steve</primary></indexterm>

 </para></footnote>
 But it is clear that we are still in transition. <quote>A
 
 </para></footnote>
 But it is clear that we are still in transition. <quote>A
 


@@ -2482,6 +2660,7 @@ And as the inclusion of content in this space is the least infringing use
 of the Internet (meaning infringing on copyright), Winer said, <quote>we will
 be the last thing that gets shut down.</quote>
 </para>
 of the Internet (meaning infringing on copyright), Winer said, <quote>we will
 be the last thing that gets shut down.</quote>
 </para>

+<indexterm startref='idxjournalism' class='endofrange'/>

 <para>
 This speech affects democracy. Winer thinks that happens because <quote>you
 don't have to work for somebody who controls, [for] a gatekeeper.</quote>
 <para>
 This speech affects democracy. Winer thinks that happens because <quote>you
 don't have to work for somebody who controls, [for] a gatekeeper.</quote>


@@ -2497,17 +2676,20 @@ Today there are probably a couple of million blogs where such writing
 happens. When there are ten million, there will be something
 extraordinary to report.
 </para>
 happens. When there are ten million, there will be something
 extraordinary to report.
 </para>

-<indexterm startref="idxwinerdave" class='endofrange'/>
-<indexterm id="idxbrownjohnseely" class='startofrange'>
-  <primary>Brown, John Seely</primary>
-</indexterm>
-<indexterm id='idxadvertising1' class='startofrange'>
-  <primary>advertising</primary>
-</indexterm>
+<indexterm startref='idxnewscoverage' class='endofrange'/>
+<indexterm startref='idxinternetpublicdiscourseconductedon' class='endofrange'/>
+<indexterm startref='idxpoliticaldiscourse' class='endofrange'/>
+<indexterm startref='idxblogsweblogs2' class='endofrange'/>
+<indexterm startref='idxinternetblogson2' class='endofrange'/>
+<indexterm startref='idxweblogsblogs2' class='endofrange'/>
+<indexterm startref='idxwinerdave' class='endofrange'/>
+<indexterm id='idxbrownjohnseely' class='startofrange'><primary>Brown, John Seely</primary></indexterm>
+<indexterm id='idxadvertising1' class='startofrange'><primary>advertising</primary></indexterm>

 <para>
 <para>

-John Seely Brown is the chief scientist of the Xerox Corporation.
-His work, as his Web site describes it, is <quote>human learning and &hellip; the
-creation of knowledge ecologies for creating &hellip; innovation.</quote>
+<emphasis role='strong'>John Seely Brown</emphasis> is the chief
+scientist of the Xerox Corporation.  His work, as his Web site
+describes it, is <quote>human learning and &hellip; the creation of
+knowledge ecologies for creating &hellip; innovation.</quote>

 </para>
 <para>
 Brown thus looks at these technologies of digital creativity a bit
 </para>
 <para>
 Brown thus looks at these technologies of digital creativity a bit


@@ -2610,7 +2792,7 @@ natural tendencies of today's digital kids. &hellip; We're building an
 architecture that unleashes 60 percent of the brain [and] a legal
 system that closes down that part of the brain.</quote>
 </para>
 architecture that unleashes 60 percent of the brain [and] a legal
 system that closes down that part of the brain.</quote>
 </para>

-<indexterm startref="idxbrownjohnseely" class='endofrange'/>
+<indexterm startref='idxbrownjohnseely' class='endofrange'/>

 <para>
 We're building a technology that takes the magic of Kodak, mixes
 moving images and sound, and adds a space for commentary and an
 <para>
 We're building a technology that takes the magic of Kodak, mixes
 moving images and sound, and adds a space for commentary and an


@@ -2626,16 +2808,20 @@ quipped to me in a rare moment of despondence.
 </chapter>
 <chapter label="3" id="catalogs">
 <title>CHAPTER THREE: Catalogs</title>
 </chapter>
 <chapter label="3" id="catalogs">
 <title>CHAPTER THREE: Catalogs</title>

+<indexterm><primary>Jordan, Jesse</primary></indexterm>

 <indexterm><primary>RPI</primary><see>Rensselaer Polytechnic Institute (RPI)</see></indexterm>
 <indexterm><primary>RPI</primary><see>Rensselaer Polytechnic Institute (RPI)</see></indexterm>

-<indexterm id="idxrensselaer" class='startofrange'>
-  <primary>Rensselaer Polytechnic Institute (RPI)</primary>
-</indexterm>
+<indexterm id='idxrensselaer' class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary></indexterm>
+<indexterm id='idxrensselaerpolytechnicinstituterpicomputernetworksearchengineof' class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary><secondary>computer network search engine of</secondary></indexterm>
+<indexterm id='idxsearchengines' class='startofrange'><primary>search engines</primary></indexterm>
+<indexterm id='idxuniversitycomputernetworksppsharingon' class='startofrange'><primary>university computer networks, p2p sharing on</primary></indexterm>
+<indexterm id='idxinternetsearchenginesusedon' class='startofrange'><primary>Internet</primary><secondary>search engines used on</secondary></indexterm>

 <para>
 <para>

-In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as
-a freshman at Rensselaer Polytechnic Institute, in Troy, New York.
-His major at RPI was information technology. Though he is not a
-programmer, in October Jesse decided to begin to tinker with search
-engine technology that was available on the RPI network.
+<emphasis role='strong'>In the fall</emphasis> of 2002, Jesse Jordan
+of Oceanside, New York, enrolled as a freshman at Rensselaer
+Polytechnic Institute, in Troy, New York.  His major at RPI was
+information technology. Though he is not a programmer, in October
+Jesse decided to begin to tinker with search engine technology that
+was available on the RPI network.

 </para>
 <para>
 RPI is one of America's foremost technological research institutions.
 </para>
 <para>
 RPI is one of America's foremost technological research institutions.


@@ -2652,6 +2838,7 @@ available on the RPI network is available on the Internet. But the
 network is designed to enable students to get access to the Internet,
 as well as more intimate access to other members of the RPI community.
 </para>
 network is designed to enable students to get access to the Internet,
 as well as more intimate access to other members of the RPI community.
 </para>

+<indexterm id='idxgoogle' class='startofrange'><primary>Google</primary></indexterm>

 <para>
 Search engines are a measure of a network's intimacy. Google
 <!-- PAGE BREAK 62 -->
 <para>
 Search engines are a measure of a network's intimacy. Google
 <!-- PAGE BREAK 62 -->


@@ -2664,6 +2851,9 @@ access to material from that institution.  Businesses do this all the
 time, enabling employees to have access to material that people
 outside the business can't get. Universities do it as well.
 </para>
 time, enabling employees to have access to material that people
 outside the business can't get. Universities do it as well.
 </para>

+<indexterm startref='idxuniversitycomputernetworksppsharingon' class='endofrange'/>
+<indexterm id='idxjordanjesse' class='startofrange'><primary>Jordan, Jesse</primary></indexterm>
+<indexterm id='idxmicrosoftnetworkfilesystemof' class='startofrange'><primary>Microsoft</primary><secondary>network file system of</secondary></indexterm>

 <para>
 These engines are enabled by the network technology itself.
 Microsoft, for example, has a network file system that makes it very
 <para>
 These engines are enabled by the network technology itself.
 Microsoft, for example, has a network file system that makes it very


@@ -2673,6 +2863,7 @@ content.  Jesse's search engine was built to take advantage of this
 technology. It used Microsoft's network file system to build an index
 of all the files available within the RPI network.
 </para>
 technology. It used Microsoft's network file system to build an index
 of all the files available within the RPI network.
 </para>

+<indexterm startref='idxgoogle' class='endofrange'/>

 <para>
 Jesse's wasn't the first search engine built for the RPI network.
 Indeed, his engine was a simple modification of engines that others
 <para>
 Jesse's wasn't the first search engine built for the RPI network.
 Indeed, his engine was a simple modification of engines that others


@@ -2685,6 +2876,7 @@ modified the system a bit to fix that problem, by adding a button that
 a user could click to see if the machine holding the file was still
 on-line.
 </para>
 a user could click to see if the machine holding the file was still
 on-line.
 </para>

+<indexterm startref='idxmicrosoftnetworkfilesystemof' class='endofrange'/>

 <para>
 Jesse's engine went on-line in late October. Over the following six
 months, he continued to tweak it to improve its functionality. By
 <para>
 Jesse's engine went on-line in late October. Over the following six
 months, he continued to tweak it to improve its functionality. By


@@ -2692,6 +2884,7 @@ March, the system was functioning quite well. Jesse had more than one
 million files in his directory, including every type of content that might
 be on users' computers.
 </para>
 million files in his directory, including every type of content that might
 be on users' computers.
 </para>

+<indexterm startref='idxinternetsearchenginesusedon' class='endofrange'/>

 <para>
 Thus the index his search engine produced included pictures, which
 students could use to put on their own Web sites; copies of notes or
 <para>
 Thus the index his search engine produced included pictures, which
 students could use to put on their own Web sites; copies of notes or


@@ -2701,6 +2894,8 @@ might have created; university brochures&mdash;basically anything that
 users of the RPI network made available in a public folder of their
 computer.
 </para>
 users of the RPI network made available in a public folder of their
 computer.
 </para>

+<indexterm><primary>Google</primary></indexterm>
+<indexterm><primary>education</primary><secondary>tinkering as means of</secondary></indexterm>

 <para>
 But the index also included music files. In fact, one quarter of the
 files that Jesse's search engine listed were music files. But that
 <para>
 But the index also included music files. In fact, one quarter of the
 files that Jesse's search engine listed were music files. But that


@@ -2716,6 +2911,11 @@ this experiment. He was a kid tinkering with technology in an
 environment where tinkering with technology was precisely what he was
 supposed to do.
 </para>
 environment where tinkering with technology was precisely what he was
 supposed to do.
 </para>

+<indexterm id='idxcopyrightinfringementlawsuitsinrecordingindustry' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>in recording industry</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitsagainststudentfilesharing' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>against student file sharing</secondary></indexterm>
+<indexterm id='idxrecordingindustrycopyrightinfringementlawsuitsof' class='startofrange'><primary>recording industry</primary><secondary>copyright infringement lawsuits of</secondary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaacopyrightinfringementlawsuitsfiledby' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>copyright infringement lawsuits filed by</secondary></indexterm>
+<indexterm startref='idxrensselaerpolytechnicinstituterpicomputernetworksearchengineof' class='endofrange'/>

 <para>
 On April 3, 2003, Jesse was contacted by the dean of students at
 RPI. The dean informed Jesse that the Recording Industry Association
 <para>
 On April 3, 2003, Jesse was contacted by the dean of students at
 RPI. The dean informed Jesse that the Recording Industry Association


@@ -2738,6 +2938,12 @@ RPI community to get access to content, which Jesse had not himself
 created or posted, and the vast majority of which had nothing to do
 with music.
 </para>
 created or posted, and the vast majority of which had nothing to do
 with music.
 </para>

+<indexterm startref='idxsearchengines' class='endofrange'/>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>statutory damages of</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitsindividualdefendantsintimidatedby' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>individual defendants intimidated by</secondary></indexterm>
+<indexterm><primary>statutory damages</primary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaaintimidationtacticsof' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>intimidation tactics of</secondary></indexterm>

 <para>
 But the RIAA branded Jesse a pirate. They claimed he operated a
 network and had therefore <quote>willfully</quote> violated copyright laws. They
 <para>
 But the RIAA branded Jesse a pirate. They claimed he operated a
 network and had therefore <quote>willfully</quote> violated copyright laws. They


@@ -2749,6 +2955,8 @@ claim $150,000 per infringement. As the RIAA alleged more than one
 hundred specific copyright infringements, they therefore demanded that
 Jesse pay them at least $15,000,000.
 </para>
 hundred specific copyright infringements, they therefore demanded that
 Jesse pay them at least $15,000,000.
 </para>

+<indexterm><primary>Michigan Technical University</primary></indexterm>
+<indexterm><primary>Princeton University</primary></indexterm>

 <para>
 Similar lawsuits were brought against three other students: one other
 student at RPI, one at Michigan Technical University, and one at
 <para>
 Similar lawsuits were brought against three other students: one other
 student at RPI, one at Michigan Technical University, and one at


@@ -2767,7 +2975,7 @@ Suit Alleges $97.8 Billion in Damages,</quote> <citetitle>Professional Media Gro
 (2003): 5, available at 2003 WL 55179443.
 </para></footnote>
 </para>
 (2003): 5, available at 2003 WL 55179443.
 </para></footnote>
 </para>

-<indexterm startref="idxrensselaer" class='endofrange'/>
+<indexterm startref='idxrensselaer' class='endofrange'/>

 <para>
 Jesse called his parents. They were supportive but a bit frightened.
 An uncle was a lawyer. He began negotiations with the RIAA. They
 <para>
 Jesse called his parents. They were supportive but a bit frightened.
 An uncle was a lawyer. He began negotiations with the RIAA. They


@@ -2787,6 +2995,7 @@ case, Matt Oppenheimer, told Jesse, <quote>You don't want to pay another
 visit to a dentist like me.</quote>) And throughout, the RIAA insisted it
 would not settle the case until it took every penny Jesse had saved.
 </para>
 visit to a dentist like me.</quote>) And throughout, the RIAA insisted it
 would not settle the case until it took every penny Jesse had saved.
 </para>

+<indexterm><primary>legal system, attorney costs in</primary></indexterm>

 <para>
 Jesse's family was outraged at these claims. They wanted to fight.
 But Jesse's uncle worked to educate the family about the nature of the
 <para>
 Jesse's family was outraged at these claims. They wanted to fight.
 But Jesse's uncle worked to educate the family about the nature of the


@@ -2801,6 +3010,9 @@ paper saying he and his family were bankrupt.
 So Jesse faced a mafia-like choice: $250,000 and a chance at winning,
 or $12,000 and a settlement.
 </para>
 So Jesse faced a mafia-like choice: $250,000 and a chance at winning,
 or $12,000 and a settlement.
 </para>

+<indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm><primary>Recording Industry Association of America (RIAA)</primary><secondary>lobbying power of</secondary></indexterm>

 <para>
 The recording industry insists this is a matter of law and morality.
 Let's put the law aside for a moment and think about the morality.
 <para>
 The recording industry insists this is a matter of law and morality.
 Let's put the law aside for a moment and think about the morality.


@@ -2822,6 +3034,8 @@ Douglas Lichtman makes a related point in <quote>KaZaA and Punishment,</quote>
 <citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24.
 </para></footnote>
 </para>
 <citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24.
 </para></footnote>
 </para>

+<indexterm startref='idxcopyrightinfringementlawsuitsindividualdefendantsintimidatedby' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaaintimidationtacticsof' class='endofrange'/>

 <para>
 On June 23, Jesse wired his savings to the lawyer working for the
 RIAA. The case against him was then dismissed. And with this, this
 <para>
 On June 23, Jesse wired his savings to the lawyer working for the
 RIAA. The case against him was then dismissed. And with this, this


@@ -2843,27 +3057,38 @@ I. &hellip; He's  not a tree hugger. &hellip; I  think it's bizarre that they wo
 pick on him. But he wants to let people know that they're sending the
 wrong message. And he wants to correct the record.</quote>
 </para>
 pick on him. But he wants to let people know that they're sending the
 wrong message. And he wants to correct the record.</quote>
 </para>

+<indexterm startref='idxuniversitycomputernetworksppsharingon' class='endofrange'/>
+<indexterm startref='idxjordanjesse' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsinrecordingindustry' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsagainststudentfilesharing' class='endofrange'/>
+<indexterm startref='idxrecordingindustrycopyrightinfringementlawsuitsof' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaacopyrightinfringementlawsuitsfiledby' class='endofrange'/>

 <!-- PAGE BREAK 66 -->
 </chapter>
 <chapter label="4" id="pirates">
 <title>CHAPTER FOUR: <quote>Pirates</quote></title>
 <!-- PAGE BREAK 66 -->
 </chapter>
 <chapter label="4" id="pirates">
 <title>CHAPTER FOUR: <quote>Pirates</quote></title>

-<para>
-If <quote>piracy</quote> means using the creative property of others without
-their permission&mdash;if <quote>if value, then right</quote> is true&mdash;then the history of
-the content industry is a history of piracy. Every important sector of
-<quote>big media</quote> today&mdash;film, records, radio, and cable TV&mdash;was born of a
-kind of piracy so defined. The consistent story is how last generation's
-pirates join this generation's country club&mdash;until now.
+<indexterm id='idxpiracyindevelopmentofcontentindustry' class='startofrange'><primary>piracy</primary><secondary>in development of content industry</secondary></indexterm>
+<indexterm><primary><quote>if value, then right</quote> theory</primary></indexterm>
+<para>
+<emphasis role='strong'>If <quote>piracy</quote> means</emphasis>
+using the creative property of others without their
+permission&mdash;if <quote>if value, then right</quote> is
+true&mdash;then the history of the content industry is a history of
+piracy. Every important sector of <quote>big media</quote>
+today&mdash;film, records, radio, and cable TV&mdash;was born of a
+kind of piracy so defined. The consistent story is how last
+generation's pirates join this generation's country club&mdash;until
+now.

 </para>
 <section id="film">
 <title>Film</title>
 <para>
 The film industry of Hollywood was built by fleeing pirates.<footnote><para>
 <!-- f1 -->
 </para>
 <section id="film">
 <title>Film</title>
 <para>
 The film industry of Hollywood was built by fleeing pirates.<footnote><para>
 <!-- f1 -->

+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 I am grateful to Peter DiMauro for pointing me to this extraordinary 
 history. See also Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 87&ndash;93,
 which details Edison's <quote>adventures</quote> with copyright and patent.
 I am grateful to Peter DiMauro for pointing me to this extraordinary 
 history. See also Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 87&ndash;93,
 which details Edison's <quote>adventures</quote> with copyright and patent.

-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 </para></footnote>
 Creators and directors migrated from the East Coast to California in
 the early twentieth century in part to escape controls that patents
 </para></footnote>
 Creators and directors migrated from the East Coast to California in
 the early twentieth century in part to escape controls that patents


@@ -2888,6 +3113,9 @@ summer of 1909 the independent movement was in full-swing,
 with producers and theater owners using illegal equipment and
 imported film stock to create their own underground market.
 </para>
 with producers and theater owners using illegal equipment and
 imported film stock to create their own underground market.
 </para>

+<indexterm><primary>Fox, William</primary></indexterm>
+<indexterm><primary>General Film Company</primary></indexterm>
+<indexterm><primary>Picker, Randal C.</primary></indexterm>

 <para>
 With the country experiencing a tremendous expansion in the number of
 nickelodeons, the Patents Company reacted to the independent movement
 <para>
 With the country experiencing a tremendous expansion in the number of
 nickelodeons, the Patents Company reacted to the independent movement


@@ -2910,10 +3138,9 @@ limits imposed by Victor on phonographs, see Randal C. Picker, <quote>From
 Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and
 the Propertization of Copyright</quote> (September 2002), University of
 Chicago Law School, James M. Olin Program in Law and Economics,
 Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and
 the Propertization of Copyright</quote> (September 2002), University of
 Chicago Law School, James M. Olin Program in Law and Economics,

-Working Paper No. 159.  </para></footnote>
-<indexterm><primary>Fox, William</primary></indexterm>
-<indexterm><primary>General Film Company</primary></indexterm>
-<indexterm><primary>Picker, Randal C.</primary></indexterm>
+Working Paper No. 159.
+<indexterm><primary>broadcast flag</primary></indexterm>
+</para></footnote>

 </para>
 </blockquote>
 <para>
 </para>
 </blockquote>
 <para>


@@ -2945,13 +3172,12 @@ Edison's creative property.
 </section>
 <section id="recordedmusic">
 <title>Recorded Music</title>
 </section>
 <section id="recordedmusic">
 <title>Recorded Music</title>

+<indexterm id='idxcopyrightlawonmusicrecordings' class='startofrange'><primary>copyright law</primary><secondary>on music recordings</secondary></indexterm>

 <para>
 The record industry was born of another kind of piracy, though to see
 how requires a bit of detail about the way the law regulates music.
 </para>
 <para>
 The record industry was born of another kind of piracy, though to see
 how requires a bit of detail about the way the law regulates music.
 </para>

-<indexterm id="idxfourneauxhenri" class='startofrange'>
-  <primary>Fourneaux, Henri</primary>
-</indexterm>
+<indexterm id='idxfourneauxhenri' class='startofrange'><primary>Fourneaux, Henri</primary></indexterm>

 <indexterm><primary>Russel, Phil</primary></indexterm>
 <para>
 At the time that Edison and Henri Fourneaux invented machines
 <indexterm><primary>Russel, Phil</primary></indexterm>
 <para>
 At the time that Edison and Henri Fourneaux invented machines


@@ -2982,7 +3208,7 @@ then made copies of those recordings.  Because of this gap in the law,
 then, I could effectively pirate someone else's song without paying
 its composer anything.
 </para>
 then, I could effectively pirate someone else's song without paying
 its composer anything.
 </para>

-<indexterm startref="idxfourneauxhenri" class='endofrange'/>
+<indexterm startref='idxfourneauxhenri' class='endofrange'/>

 <para>
 The composers (and publishers) were none too happy about
 <!-- PAGE BREAK 69 -->
 <para>
 The composers (and publishers) were none too happy about
 <!-- PAGE BREAK 69 -->


@@ -3009,6 +3235,7 @@ Hackensack, N.J.: Rothman Reprints, 1976).
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm><primary>Sousa, John Philip</primary></indexterm>

 <para>
 The innovators who developed the technology to record other
 people's works were <quote>sponging upon the toil, the work, the talent, and
 <para>
 The innovators who developed the technology to record other
 people's works were <quote>sponging upon the toil, the work, the talent, and


@@ -3031,6 +3258,13 @@ To Amend and Consolidate the Acts Respecting Copyright, 23
 (statement of John Philip Sousa, composer).
 </para></footnote>
 </para>
 (statement of John Philip Sousa, composer).
 </para></footnote>
 </para>

+<indexterm><primary>American Graphophone Company</primary></indexterm>
+<indexterm><primary>player pianos</primary></indexterm>
+<indexterm><primary>sheet music</primary></indexterm>
+<indexterm id='idxcongressusoncopyrightlaws' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressusonrecordingindustry' class='startofrange'><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxcopyrightlawstatutorylicensesin' class='startofrange'><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>
+<indexterm id='idxrecordingindustrystatutorylicensesystemin' class='startofrange'><primary>recording industry</primary><secondary>statutory license system in</secondary></indexterm>

 <para>
 These arguments have familiar echoes in the wars of our day. So, too,
 do the arguments on the other side. The innovators who developed the
 <para>
 These arguments have familiar echoes in the wars of our day. So, too,
 do the arguments on the other side. The innovators who developed the


@@ -3055,8 +3289,8 @@ To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared
 memorandum of Philip Mauro, general patent counsel of the American
 Graphophone Company Association).
 </para></footnote>
 memorandum of Philip Mauro, general patent counsel of the American
 Graphophone Company Association).
 </para></footnote>

-<indexterm><primary>American Graphophone Company</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>cover songs</primary></indexterm>

 <para>
 The law soon resolved this battle in favor of the composer
 <emphasis>and</emphasis> the recording artist. Congress amended the
 <para>
 The law soon resolved this battle in favor of the composer
 <emphasis>and</emphasis> the recording artist. Congress amended the


@@ -3072,6 +3306,8 @@ copyright law that makes cover songs possible. Once a composer
 authorizes a recording of his song, others are free to record the same
 song, so long as they pay the original composer a fee set by the law.
 </para>
 authorizes a recording of his song, others are free to record the same
 song, so long as they pay the original composer a fee set by the law.
 </para>

+<indexterm id='idxcompulsorylicense' class='startofrange'><primary>compulsory license</primary></indexterm>
+<indexterm id='idxstatutorylicenses' class='startofrange'><primary>statutory licenses</primary></indexterm>

 <para>
 American law ordinarily calls this a <quote>compulsory license,</quote> but I will
 refer to it as a <quote>statutory license.</quote> A statutory license is a license
 <para>
 American law ordinarily calls this a <quote>compulsory license,</quote> but I will
 refer to it as a <quote>statutory license.</quote> A statutory license is a license


@@ -3080,6 +3316,7 @@ Copyright Act in 1909, record companies were free to distribute copies
 of recordings so long as they paid the composer (or copyright holder)
 the fee set by the statute.
 </para>
 of recordings so long as they paid the composer (or copyright holder)
 the fee set by the statute.
 </para>

+<indexterm id='idxgrishamjohn' class='startofrange'><primary>Grisham, John</primary></indexterm>

 <para>
 This is an exception within the law of copyright. When John Grisham
 writes a novel, a publisher is free to publish that novel only if
 <para>
 This is an exception within the law of copyright. When John Grisham
 writes a novel, a publisher is free to publish that novel only if


@@ -3088,8 +3325,9 @@ charge whatever he wants for that permission. The price to publish
 Grisham is thus set by Grisham, and copyright law ordinarily says you
 have no permission to use Grisham's work except with permission of
 Grisham.
 Grisham is thus set by Grisham, and copyright law ordinarily says you
 have no permission to use Grisham's work except with permission of
 Grisham.

-<indexterm><primary>Grisham, John</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcopyrightlawonmusicrecordings' class='endofrange'/>
+<indexterm><primary>Beatles</primary></indexterm>

 <para>
 But the law governing recordings gives recording artists less. And
 thus, in effect, the law <emphasis>subsidizes</emphasis> the recording
 <para>
 But the law governing recordings gives recording artists less. And
 thus, in effect, the law <emphasis>subsidizes</emphasis> the recording


@@ -3111,8 +3349,10 @@ sess., 217 (1908) (statement of Senator Reed Smoot, chairman), reprinted
 in <citetitle>Legislative History of the 1909 Copyright Act</citetitle>, E. Fulton Brylawski and
 Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976).
 </para></footnote>
 in <citetitle>Legislative History of the 1909 Copyright Act</citetitle>, E. Fulton Brylawski and
 Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976).
 </para></footnote>

-<indexterm><primary>Beatles</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws' class='endofrange'/>
+<indexterm startref='idxcongressusonrecordingindustry' class='endofrange'/>
+<indexterm startref='idxgrishamjohn' class='endofrange'/>

 <para>
 While the recording industry has been quite coy about this recently,
 historically it has been quite a supporter of the statutory license for
 <para>
 While the recording industry has been quite coy about this recently,
 historically it has been quite a supporter of the statutory license for


@@ -3142,6 +3382,10 @@ March 1967). I am grateful to Glenn Brown for drawing my attention to
 this report.</para></footnote>
 </para>
 </blockquote>
 this report.</para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxcopyrightlawstatutorylicensesin' class='endofrange'/>
+<indexterm startref='idxrecordingindustrystatutorylicensesystemin' class='endofrange'/>
+<indexterm startref='idxcompulsorylicense' class='endofrange'/>
+<indexterm startref='idxstatutorylicenses' class='endofrange'/>

 <para>
 By limiting the rights musicians have, by partially pirating their
 creative work, the record producers, and the public, benefit.
 <para>
 By limiting the rights musicians have, by partially pirating their
 creative work, the record producers, and the public, benefit.


@@ -3149,6 +3393,8 @@ creative work, the record producers, and the public, benefit.
 </section>
 <section id="radio">
 <title>Radio</title>
 </section>
 <section id="radio">
 <title>Radio</title>

+<indexterm id='idxrecordingindustryradiobroadcastand' class='startofrange'><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm id='idxartistsrecordingindustrypaymentsto' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

 <para>
 Radio was also born of piracy.
 </para>
 <para>
 Radio was also born of piracy.
 </para>


@@ -3195,9 +3441,7 @@ something for nothing. It gets to perform the recording artist's work
 for free, even if it must pay the composer something for the privilege
 of playing the song.
 </para>
 for free, even if it must pay the composer something for the privilege
 of playing the song.
 </para>

-<indexterm id="idxmadonna" class='startofrange'>
-  <primary>Madonna</primary>
-</indexterm>
+<indexterm id='idxmadonna' class='startofrange'><primary>Madonna</primary></indexterm>

 <para>
 This difference can be huge. Imagine you compose a piece of music.
 Imagine it is your first. You own the exclusive right to authorize
 <para>
 This difference can be huge. Imagine you compose a piece of music.
 Imagine it is your first. You own the exclusive right to authorize


@@ -3214,7 +3458,8 @@ the sale of her CDs. The public performance of her recording is not a
 <emphasis>pirate</emphasis> the value of Madonna's work without paying
 her anything.
 </para>
 <emphasis>pirate</emphasis> the value of Madonna's work without paying
 her anything.
 </para>

-<indexterm startref="idxmadonna" class='endofrange'/>
+<indexterm startref='idxartistsrecordingindustrypaymentsto' class='endofrange'/>
+<indexterm startref='idxmadonna' class='endofrange'/>

 <para>
 No doubt, one might argue that, on balance, the recording artists
 benefit. On average, the promotion they get is worth more than the
 <para>
 No doubt, one might argue that, on balance, the recording artists
 benefit. On average, the promotion they get is worth more than the


@@ -3223,11 +3468,12 @@ ordinarily gives the creator the right to make this choice. By making
 the choice for him or her, the law gives the radio station the right
 to take something for nothing.
 </para>
 the choice for him or her, the law gives the radio station the right
 to take something for nothing.
 </para>

+<indexterm startref='idxrecordingindustryradiobroadcastand' class='endofrange'/>

 </section>
 <section id="cabletv">
 <title>Cable TV</title>
 </section>
 <section id="cabletv">
 <title>Cable TV</title>

+<indexterm id='idxcabletelevision' class='startofrange'><primary>cable television</primary></indexterm>

 <para>
 <para>

-

 Cable TV was also born of a kind of piracy.
 </para>
 <para>
 Cable TV was also born of a kind of piracy.
 </para>
 <para>


@@ -3343,11 +3589,13 @@ exercise veto power over the emerging technologies of cable. Cable
 companies thus built their empire in part upon a <quote>piracy</quote> of the value
 created by broadcasters' content.
 </para>
 companies thus built their empire in part upon a <quote>piracy</quote> of the value
 created by broadcasters' content.
 </para>

+<indexterm startref='idxpiracyindevelopmentofcontentindustry' class='endofrange'/>
+<indexterm startref='idxcabletelevision' class='endofrange'/>

 <para>
 <para>

-These separate stories sing a common theme. If <quote>piracy</quote> means
-using value from someone else's creative property without permission
-from that creator&mdash;as it is increasingly described
-today<footnote><para>
+<emphasis role='strong'>These separate stories</emphasis> sing a
+common theme. If <quote>piracy</quote> means using value from someone
+else's creative property without permission from that creator&mdash;as
+it is increasingly described today<footnote><para>

 <!-- f19 -->
 See, for example, National Music Publisher's Association, <citetitle>The Engine
 of Free Expression: Copyright on the Internet&mdash;The Myth of Free
 <!-- f19 -->
 See, for example, National Music Publisher's Association, <citetitle>The Engine
 of Free Expression: Copyright on the Internet&mdash;The Myth of Free


@@ -3368,12 +3616,12 @@ last. Every generation&mdash;until now.
 <chapter label="5" id="piracy">
 <title>CHAPTER FIVE: <quote>Piracy</quote></title>
 <para>
 <chapter label="5" id="piracy">
 <title>CHAPTER FIVE: <quote>Piracy</quote></title>
 <para>

-There is piracy of copyrighted material. Lots of it. This piracy comes
-in many forms. The most significant is commercial piracy, the
-unauthorized taking of other people's content within a commercial
-context. Despite the many justifications that are offered in its
-defense, this taking is wrong. No one should condone it, and the law
-should stop it.
+<emphasis role='strong'>There is piracy</emphasis> of copyrighted
+material. Lots of it. This piracy comes in many forms. The most
+significant is commercial piracy, the unauthorized taking of other
+people's content within a commercial context. Despite the many
+justifications that are offered in its defense, this taking is
+wrong. No one should condone it, and the law should stop it.

 </para>
 <para>
 But as well as copy-shop piracy, there is another kind of <quote>taking</quote>
 </para>
 <para>
 But as well as copy-shop piracy, there is another kind of <quote>taking</quote>


@@ -3387,6 +3635,8 @@ has so often done in the past.
 </para>
 <section id="piracy-i">
 <title>Piracy I</title>
 </para>
 <section id="piracy-i">
 <title>Piracy I</title>

+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>
+<indexterm id='idxcdsforeign' class='startofrange'><primary>CDs</primary><secondary>foreign piracy of</secondary></indexterm>

 <para>
 All across the world, but especially in Asia and Eastern Europe, there
 are businesses that do nothing but take others people's copyrighted
 <para>
 All across the world, but especially in Asia and Eastern Europe, there
 are businesses that do nothing but take others people's copyrighted


@@ -3432,7 +3682,7 @@ legal wrong, but a locally legal wrong as well.
 <para>
 True, these local rules have, in effect, been imposed upon these
 countries. No country can be part of the world economy and choose
 <para>
 True, these local rules have, in effect, been imposed upon these
 countries. No country can be part of the world economy and choose

-<beginpage pagenum="77"/>
+<!-- PAGE BREAK 77-->

 not to protect copyright internationally. We may have been born a
 pirate nation, but we will not allow any other nation to have a
 similar childhood.
 not to protect copyright internationally. We may have been born a
 pirate nation, but we will not allow any other nation to have a
 similar childhood.


@@ -3465,6 +3715,7 @@ advantage of that opportunity, but when they don't, then their laws
 should be respected. And under the laws of these nations, this piracy
 is wrong.
 </para>
 should be respected. And under the laws of these nations, this piracy
 is wrong.
 </para>

+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>

 <para>
 Alternatively, we could try to excuse this piracy by noting that in
 any case, it does no harm to the industry. The Chinese who get access
 <para>
 Alternatively, we could try to excuse this piracy by noting that in
 any case, it does no harm to the industry. The Chinese who get access


@@ -3495,6 +3746,7 @@ from a computer network, there is not one less CD that can be sold.
 The physics of piracy of the intangible are different from the physics of
 piracy of the tangible.
 </para>
 The physics of piracy of the intangible are different from the physics of
 piracy of the tangible.
 </para>

+<indexterm startref='idxcdsforeign' class='endofrange'/>

 <para>
 This argument is still very weak. However, although copyright is a
 property right of a very special sort, it <emphasis>is</emphasis> a
 <para>
 This argument is still very weak. However, although copyright is a
 property right of a very special sort, it <emphasis>is</emphasis> a


@@ -3513,6 +3765,15 @@ a property system, and that system is properly balanced to the
 technology of a time, then it is wrong to take property without the
 permission of a property owner. That is exactly what <quote>property</quote> means.
 </para>
 technology of a time, then it is wrong to take property without the
 permission of a property owner. That is exactly what <quote>property</quote> means.
 </para>

+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>
+<indexterm><primary>piracy</primary><secondary>in Asia</secondary></indexterm>
+<indexterm><primary>free software/open-source software (FS/OSS)</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>competitive strategies of</secondary></indexterm>
+<indexterm><primary>Windows</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>international software piracy of</secondary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>Windows operating system of</secondary></indexterm>

 <para>
 Finally, we could try to excuse this piracy with the argument that the
 piracy actually helps the copyright owner. When the Chinese <quote>steal</quote>
 <para>
 Finally, we could try to excuse this piracy with the argument that the
 piracy actually helps the copyright owner. When the Chinese <quote>steal</quote>


@@ -3525,14 +3786,8 @@ Microsoft, Microsoft benefits from the piracy. If instead of pirating
 Microsoft Windows, the Chinese used the free GNU/Linux operating
 system, then these Chinese users would not eventually be buying
 Microsoft.  Without piracy, then, Microsoft would lose.
 Microsoft Windows, the Chinese used the free GNU/Linux operating
 system, then these Chinese users would not eventually be buying
 Microsoft.  Without piracy, then, Microsoft would lose.

-<indexterm><primary>GNU/Linux operating system</primary></indexterm>
-<indexterm><primary>Linux operating system</primary></indexterm>
-<indexterm>
-<primary>Microsoft</primary>
-<secondary>Windows operating system of</secondary>
-</indexterm>
-<indexterm><primary>Windows</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>law</primary><secondary>databases of case reports in</secondary></indexterm>

 <para>
 This argument, too, is somewhat true. The addiction strategy is a good
 one. Many businesses practice it. Some thrive because of it. Law
 <para>
 This argument, too, is somewhat true. The addiction strategy is a good
 one. Many businesses practice it. Some thrive because of it. Law


@@ -3541,6 +3796,10 @@ databases. The companies marketing both hope the students will become
 so used to their service that they will want to use it and not the
 other when they become lawyers (and must pay high subscription fees).
 </para>
 so used to their service that they will want to use it and not the
 other when they become lawyers (and must pay high subscription fees).
 </para>

+<indexterm><primary>Netscape</primary></indexterm>
+<indexterm><primary>Internet Explorer</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>

 <para>
 Still, the argument is not terribly persuasive. We don't give the
 alcoholic a defense when he steals his first beer, merely because that
 <para>
 Still, the argument is not terribly persuasive. We don't give the
 alcoholic a defense when he steals his first beer, merely because that


@@ -3553,10 +3812,6 @@ means giving the property owner the right to say who gets access to
 what&mdash;at least ordinarily. And if the law properly balances the
 rights of the copyright owner with the rights of access, then
 violating the law is still wrong.
 what&mdash;at least ordinarily. And if the law properly balances the
 rights of the copyright owner with the rights of access, then
 violating the law is still wrong.

-<indexterm><primary>GNU/Linux operating system</primary></indexterm>
-<indexterm><primary>Internet Explorer</primary></indexterm>
-<indexterm><primary>Netscape</primary></indexterm>
-<indexterm><primary>Linux operating system</primary></indexterm>

 </para>
 <para>
 <!-- PAGE BREAK 79 -->
 </para>
 <para>
 <!-- PAGE BREAK 79 -->


@@ -3610,12 +3865,15 @@ 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.
 </para>
 law should seek to either prevent it or find an alternative to assure the
 author of his profit.
 </para>

+<indexterm><primary>innovation</primary></indexterm>
+<indexterm><primary>Fanning, Shawn</primary></indexterm>

 <para>
 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
 (and, arguably, off the Internet as well<footnote><para>
 <!-- f5 -->
 <para>
 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
 (and, arguably, off the Internet as well<footnote><para>
 <!-- f5 -->

+<indexterm><primary>innovation</primary></indexterm>

 See Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The Revolutionary
 National Bestseller That Changed the Way We Do Business</citetitle> (New York:
 HarperBusiness, 2000). Professor Christensen examines why companies
 See Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The Revolutionary
 National Bestseller That Changed the Way We Do Business</citetitle> (New York:
 HarperBusiness, 2000). Professor Christensen examines why companies


@@ -3628,7 +3886,6 @@ Christensen's ideas, see Lawrence Lessig, <citetitle>Future</citetitle>, 89&ndas
 <indexterm><primary>Christensen, Clayton M.</primary></indexterm>
 </para></footnote>), Shawn Fanning and crew had simply
 put together components that had been developed independently.
 <indexterm><primary>Christensen, Clayton M.</primary></indexterm>
 </para></footnote>), Shawn Fanning and crew had simply
 put together components that had been developed independently.

-<indexterm><primary>Fanning, Shawn</primary></indexterm>

 </para>
 <para>
 The result was spontaneous combustion. Launched in July 1999,
 </para>
 <para>
 The result was spontaneous combustion. Launched in July 1999,


@@ -3690,7 +3947,9 @@ File sharers share different kinds of content. We can divide these
 different kinds into four types.
 </para>
 <orderedlist numeration="upperalpha">
 different kinds into four types.
 </para>
 <orderedlist numeration="upperalpha">

-<listitem><para>
+<listitem>
+<indexterm><primary>Madonna</primary></indexterm>
+<para>

 <!-- A. -->
 There are some who use sharing networks as substitutes for purchasing
 content. Thus, when a new Madonna CD is released, rather than buying
 <!-- A. -->
 There are some who use sharing networks as substitutes for purchasing
 content. Thus, when a new Madonna CD is released, rather than buying


@@ -3699,7 +3958,6 @@ everyone who takes it would actually have bought it if sharing didn't
 make it available for free. Most probably wouldn't have, but clearly
 there are some who would.  The latter are the target of category A:
 users who download instead of purchasing.
 make it available for free. Most probably wouldn't have, but clearly
 there are some who would.  The latter are the target of category A:
 users who download instead of purchasing.

-<indexterm><primary>Madonna</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- B. -->
 </para></listitem>
 <listitem><para>
 <!-- B. -->


@@ -3763,6 +4021,7 @@ about radio, and broadcasters complained about cable TV, the music
 industry complains that type A sharing is a kind of <quote>theft</quote> that is
 <quote>devastating</quote> the industry.
 </para>
 industry complains that type A sharing is a kind of <quote>theft</quote> that is
 <quote>devastating</quote> the industry.
 </para>

+<indexterm id='idxcassette' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 While the numbers do suggest that sharing is harmful, how
 harmful is harder to reckon. It has long been the recording industry's
 <para>
 While the numbers do suggest that sharing is harmful, how
 harmful is harder to reckon. It has long been the recording industry's


@@ -3771,6 +4030,7 @@ cassette recording is a good example. As a study by Cap Gemini Ernst
 &amp; Young put it, <quote>Rather than exploiting this new, popular
 technology, the labels fought it.</quote><footnote><para>
 <!-- f10 -->
 &amp; Young put it, <quote>Rather than exploiting this new, popular
 technology, the labels fought it.</quote><footnote><para>
 <!-- f10 -->

+<indexterm><primary>cassette recording</primary></indexterm>

 See Cap Gemini Ernst &amp; Young, <citetitle>Technology Evolution and the
 Music Industry's Business Model Crisis</citetitle> (2003), 3. This report
 describes the music industry's effort to stigmatize the budding
 See Cap Gemini Ernst &amp; Young, <citetitle>Technology Evolution and the
 Music Industry's Business Model Crisis</citetitle> (2003), 3. This report
 describes the music industry's effort to stigmatize the budding


@@ -3788,6 +4048,7 @@ when record sales fell by 11.4 percent in 1981, the industry claimed
 that its point was proved. Technology was the problem, and banning or
 regulating technology was the answer.
 </para>
 that its point was proved. Technology was the problem, and banning or
 regulating technology was the answer.
 </para>

+<indexterm><primary>MTV</primary></indexterm>

 <para>
 Yet soon thereafter, and before Congress was given an opportunity
 to enact regulation, MTV was launched, and the industry had a record
 <para>
 Yet soon thereafter, and before Congress was given an opportunity
 to enact regulation, MTV was launched, and the industry had a record


@@ -3800,6 +4061,7 @@ innovation at the major labels.</quote><footnote><para>
 U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4.
 </para></footnote>
 </para>
 U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4.
 </para></footnote>
 </para>

+<indexterm startref='idxcassette' class='endofrange'/>

 <para>
 But just because the industry was wrong before does not mean it is
 wrong today. To evaluate the real threat that p2p sharing presents to
 <para>
 But just because the industry was wrong before does not mean it is
 wrong today. To evaluate the real threat that p2p sharing presents to


@@ -3821,6 +4083,7 @@ therefore have little <emphasis>static</emphasis> reason to resist
 them.
 
 </para>
 them.
 
 </para>

+<indexterm id='idxcdssales' class='startofrange'><primary>CDs</primary><secondary>sales levels of</secondary></indexterm>

 <para>
 Could that be true? Could the industry as a whole be gaining because
 of file sharing? Odd as that might sound, the data about CD sales
 <para>
 Could that be true? Could the industry as a whole be gaining because
 of file sharing? Odd as that might sound, the data about CD sales


@@ -3895,6 +4158,7 @@ percent drop. If 2.6 times the number of CDs sold were downloaded for
 free, and yet sales revenue dropped by just 6.7 percent, then there is
 a huge difference between <quote>downloading a song and stealing a CD.</quote>
 </para>
 free, and yet sales revenue dropped by just 6.7 percent, then there is
 a huge difference between <quote>downloading a song and stealing a CD.</quote>
 </para>

+<indexterm startref='idxcdssales' class='endofrange'/>

 <para>
 These are the harms&mdash;alleged and perhaps exaggerated but, let's
 assume, real. What of the benefits? File sharing may impose costs on
 <para>
 These are the harms&mdash;alleged and perhaps exaggerated but, let's
 assume, real. What of the benefits? File sharing may impose costs on


@@ -3921,6 +4185,7 @@ available, the vast majority of it is unavailable solely because the
 publisher or the distributor has decided it no longer makes economic
 sense <emphasis>to the company</emphasis> to make it available.
 </para>
 publisher or the distributor has decided it no longer makes economic
 sense <emphasis>to the company</emphasis> to make it available.
 </para>

+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>

 <para>
 In real space&mdash;long before the Internet&mdash;the market had a simple
 <!-- PAGE BREAK 85 -->
 <para>
 In real space&mdash;long before the Internet&mdash;the market had a simple
 <!-- PAGE BREAK 85 -->


@@ -3928,15 +4193,16 @@ response to this problem: used book and record stores. There are
 thousands of used book and used record stores in America
 today.<footnote><para>
 <!-- f16 -->
 thousands of used book and used record stores in America
 today.<footnote><para>
 <!-- f16 -->

-While there are not good estimates of the number of used record stores in
-existence, in 2002, there were 7,198 used book dealers in the United States,
-an increase of 20 percent since 1993. See Book Hunter Press, <citetitle>The Quiet
-Revolution: The Expansion of the Used Book Market</citetitle> (2002), available at 
-<ulink url="http://free-culture.cc/notes/">link #19</ulink>. Used records accounted for $260 million in sales in 2002. See 
-               National
-Association of Recording Merchandisers, <quote>2002 Annual Survey 
-               Results,</quote>
-available at 
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>
+While there are not good estimates of the number of used record stores
+in existence, in 2002, there were 7,198 used book dealers in the
+United States, an increase of 20 percent since 1993. See Book Hunter
+Press, <citetitle>The Quiet Revolution: The Expansion of the Used Book
+Market</citetitle> (2002), available at
+<ulink url="http://free-culture.cc/notes/">link #19</ulink>. Used
+records accounted for $260 million in sales in 2002. See National
+Association of Recording Merchandisers, <quote>2002 Annual Survey
+Results,</quote> available at

 <ulink url="http://free-culture.cc/notes/">link #20</ulink>.
 </para></footnote>
 These stores buy content from owners, then sell the content they
 <ulink url="http://free-culture.cc/notes/">link #20</ulink>.
 </para></footnote>
 These stores buy content from owners, then sell the content they


@@ -3949,6 +4215,7 @@ statutory licensing, they don't have to pay the copyright owner for
 the content they sell.
 </para>
 <indexterm><primary>Bernstein, Leonard</primary></indexterm>
 the content they sell.
 </para>
 <indexterm><primary>Bernstein, Leonard</primary></indexterm>

+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 <para>
 Type C sharing, then, is very much like used book stores or used
 record stores. It is different, of course, because the person making
 <para>
 Type C sharing, then, is very much like used book stores or used
 record stores. It is different, of course, because the person making


@@ -3970,6 +4237,7 @@ stores. Or put differently, if you think that type C sharing should be
 stopped, do you think that libraries and used book stores should be
 shut as well?
 </para>
 stopped, do you think that libraries and used book stores should be
 shut as well?
 </para>

+<indexterm id='idxbooksfreeonline1' class='startofrange'><primary>books</primary><secondary>free on-line releases of</secondary></indexterm>

 <para>
 Finally, and perhaps most importantly, file-sharing networks enable
 type D sharing to occur&mdash;the sharing of content that copyright owners
 <para>
 Finally, and perhaps most importantly, file-sharing networks enable
 type D sharing to occur&mdash;the sharing of content that copyright owners


@@ -3987,6 +4255,7 @@ type D content. If sharing networks enable his work to be spread, then
 both he and society are better off. (Actually, much better off: It is a
 great book!)
 </para>
 both he and society are better off. (Actually, much better off: It is a
 great book!)
 </para>

+<indexterm startref='idxbooksfreeonline1' class='endofrange'/>

 <para>
 Likewise for work in the public domain: This sharing benefits society
 with no legal harm to authors at all. If efforts to solve the problem
 <para>
 Likewise for work in the public domain: This sharing benefits society
 with no legal harm to authors at all. If efforts to solve the problem


@@ -4062,6 +4331,18 @@ technology.  In this adjustment, the law sought to ensure the
 legitimate rights of creators while protecting innovation. Sometimes
 this has meant more rights for creators. Sometimes less.
 </para>
 legitimate rights of creators while protecting innovation. Sometimes
 this has meant more rights for creators. Sometimes less.
 </para>

+<indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm><primary>composers, copyright protections of</primary></indexterm>
+<indexterm id='idxcongressusoncopyrightlaws2' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressusonrecordingindustry2' class='startofrange'><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxcopyrightlawonmusicrecordings2' class='startofrange'><primary>copyright law</primary><secondary>on music recordings</secondary></indexterm>
+<indexterm id='idxcopyrightlawstatutorylicensesin2' class='startofrange'><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>
+<indexterm><primary>radio</primary><secondary>music recordings played on</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>copyright protections in</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm><primary>statutory licenses</primary></indexterm>
+<indexterm><primary>composer's rights vs. producers' rights in</primary></indexterm>

 <para>
 So, as we've seen, when <quote>mechanical reproduction</quote> threatened the
 interests of composers, Congress balanced the rights of composers
 <para>
 So, as we've seen, when <quote>mechanical reproduction</quote> threatened the
 interests of composers, Congress balanced the rights of composers


@@ -4074,6 +4355,7 @@ respected (since the radio station did not have to pay them for the
 creativity it broadcast), Congress rejected their claim. An indirect
 benefit was enough.
 </para>
 creativity it broadcast), Congress rejected their claim. An indirect
 benefit was enough.
 </para>

+<indexterm id='idxcabletv2' class='startofrange'><primary>cable television</primary></indexterm>

 <para>
 Cable TV followed the pattern of record albums. When the courts
 rejected the claim that cable broadcasters had to pay for the content
 <para>
 Cable TV followed the pattern of record albums. When the courts
 rejected the claim that cable broadcasters had to pay for the content


@@ -4082,6 +4364,7 @@ compensation, but at a level set by the law. It likewise gave cable
 companies the right to the content, so long as they paid the statutory
 price.
 </para>
 companies the right to the content, so long as they paid the statutory
 price.
 </para>

+<indexterm startref='idxcongressusonrecordingindustry2' class='endofrange'/>

 <para>
 
 <!-- PAGE BREAK 88 -->
 <para>
 
 <!-- PAGE BREAK 88 -->


@@ -4100,7 +4383,11 @@ Congress chose a path that would assure
 <emphasis>compensation</emphasis> without giving the past
 (broadcasters) control over the future (cable).
 </para>
 <emphasis>compensation</emphasis> without giving the past
 (broadcasters) control over the future (cable).
 </para>

+<indexterm startref='idxcopyrightlawonmusicrecordings2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawstatutorylicensesin2' class='endofrange'/>
+<indexterm startref='idxcabletv2' class='endofrange'/>

 <indexterm><primary>Betamax</primary></indexterm>
 <indexterm><primary>Betamax</primary></indexterm>

+<indexterm id='idxcassettevcrs1' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 In the same year that Congress struck this balance, two major
 producers and distributors of film content filed a lawsuit against
 <para>
 In the same year that Congress struck this balance, two major
 producers and distributors of film content filed a lawsuit against


@@ -4114,6 +4401,7 @@ and shows. Sony was therefore benefiting from the copyright
 infringement of its customers. It should therefore, Disney and
 Universal claimed, be partially liable for that infringement.
 </para>
 infringement of its customers. It should therefore, Disney and
 Universal claimed, be partially liable for that infringement.
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws2' class='endofrange'/>

 <para>
 There was something to Disney's and Universal's claim. Sony did
 decide to design its machine to make it very simple to record television
 <para>
 There was something to Disney's and Universal's claim. Sony did
 decide to design its machine to make it very simple to record television


@@ -4129,6 +4417,8 @@ system to minimize the opportunity for copyright infringement. It did
 not, and for that, Disney and Universal wanted to hold it responsible
 for the architecture it chose.
 </para>
 not, and for that, Disney and Universal wanted to hold it responsible
 for the architecture it chose.
 </para>

+<indexterm id='idxcongressusoncopyrightlaws3' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on VCR technology</secondary></indexterm>

 <para>
 MPAA president Jack Valenti became the studios' most vocal
 champion. Valenti called VCRs <quote>tapeworms.</quote> He warned, <quote>When there are
 <para>
 MPAA president Jack Valenti became the studios' most vocal
 champion. Valenti called VCRs <quote>tapeworms.</quote> He warned, <quote>When there are


@@ -4151,7 +4441,7 @@ and plain common sense.</quote><footnote><para>
 <!-- f19 -->
 Copyright Infringements (Audio and Video Recorders), 475.
 </para></footnote>
 <!-- f19 -->
 Copyright Infringements (Audio and Video Recorders), 475.
 </para></footnote>

-Indeed, as surveys would later show,
+Indeed, as surveys would later show, 45

 percent of VCR owners had movie libraries of ten videos or more<footnote><para>
 <!-- f20 -->
 <citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony Corp. of America</citetitle>, 480 F. Supp. 429,
 percent of VCR owners had movie libraries of ten videos or more<footnote><para>
 <!-- f20 -->
 <citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony Corp. of America</citetitle>, 480 F. Supp. 429,


@@ -4159,8 +4449,8 @@ percent of VCR owners had movie libraries of ten videos or more<footnote><para>
 </para></footnote>
 &mdash; a use the Court would later hold was not <quote>fair.</quote> By
 <quote>allowing VCR owners to copy freely by the means of an exemption from
 </para></footnote>
 &mdash; a use the Court would later hold was not <quote>fair.</quote> By
 <quote>allowing VCR owners to copy freely by the means of an exemption from

-copyright infringementwithout creating a mechanism to compensate
-copyrightowners,</quote> Valenti testified, Congress would <quote>take from the
+copyright infringement without creating a mechanism to compensate
+copyright owners,</quote> Valenti testified, Congress would <quote>take from the

 owners the very essence of their property: the exclusive right to
 control who may use their work, that is, who may copy it and thereby
 profit from its reproduction.</quote><footnote><para>
 owners the very essence of their property: the exclusive right to
 control who may use their work, that is, who may copy it and thereby
 profit from its reproduction.</quote><footnote><para>


@@ -4211,6 +4501,7 @@ by such new technology.<footnote><para>
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxcongressusoncopyrightlaws3' class='endofrange'/>

 <para>
 Congress was asked to respond to the Supreme Court's decision.  But as
 with the plea of recording artists about radio broadcasts, Congress
 <para>
 Congress was asked to respond to the Supreme Court's decision.  But as
 with the plea of recording artists about radio broadcasts, Congress


@@ -4220,7 +4511,7 @@ together, a pattern is clear:
 </para>
 
 <informaltable id="t1">
 </para>
 
 <informaltable id="t1">

-<tgroup cols="4" align="char">
+<tgroup cols="4" align="left">

 <thead>
  <row>
  <entry>CASE</entry>
 <thead>
  <row>
  <entry>CASE</entry>


@@ -4257,7 +4548,7 @@ together, a pattern is clear:
 </tbody>
 </tgroup>
 </informaltable>
 </tbody>
 </tgroup>
 </informaltable>

-
+<indexterm startref='idxcassettevcrs1' class='endofrange'/>

 <para>
 In each case throughout our history, a new technology changed the
 way content was distributed.<footnote><para>
 <para>
 In each case throughout our history, a new technology changed the
 way content was distributed.<footnote><para>


@@ -4272,6 +4563,7 @@ controlling the technology of DAT. See Audio Home Recording Act of
 eliminate the opportunity for free riding in the sense I've described. See
 Lessig, <citetitle>Future</citetitle>, 71. See also Picker, <quote>From Edison to the Broadcast Flag,</quote>
 <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 293&ndash;96.
 eliminate the opportunity for free riding in the sense I've described. See
 Lessig, <citetitle>Future</citetitle>, 71. See also Picker, <quote>From Edison to the Broadcast Flag,</quote>
 <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 293&ndash;96.

+<indexterm><primary>broadcast flag</primary></indexterm>

 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 </para></footnote>
 In each case, throughout our history,
 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 </para></footnote>
 In each case, throughout our history,


@@ -4290,6 +4582,7 @@ technology to benefit from content made before. It balanced the
 interests at stake.
 <!-- PAGE BREAK 91 -->
 </para>
 interests at stake.
 <!-- PAGE BREAK 91 -->
 </para>

+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 When you think across these examples, and the other examples that
 make up the first four chapters of this section, this balance makes
 <para>
 When you think across these examples, and the other examples that
 make up the first four chapters of this section, this balance makes


@@ -4302,6 +4595,7 @@ to $15 million in damages? Would it have been better if Edison had
 controlled film? Should every cover band have to hire a lawyer to get
 permission to record a song?
 </para>
 controlled film? Should every cover band have to hire a lawyer to get
 permission to record a song?
 </para>

+<indexterm><primary>Supreme Court, U.S.</primary><secondary>on balance of interests in copyright law</secondary></indexterm>

 <para>
 We could answer yes to each of these questions, but our tradition
 has answered no. In our tradition, as the Supreme Court has stated,
 <para>
 We could answer yes to each of these questions, but our tradition
 has answered no. In our tradition, as the Supreme Court has stated,


@@ -4346,15 +4640,18 @@ fight.</quote><footnote><para>
 John Schwartz, <quote>New Economy: The Attack on Peer-to-Peer Software
 Echoes Past Efforts,</quote> <citetitle>New York Times</citetitle>, 22 September 2003, C3.
 </para></footnote>
 John Schwartz, <quote>New Economy: The Attack on Peer-to-Peer Software
 Echoes Past Efforts,</quote> <citetitle>New York Times</citetitle>, 22 September 2003, C3.
 </para></footnote>

-Yet when anyone begins to talk about <quote>balance,</quote> the copyright warriors
-raise a different argument. <quote>All this hand waving about balance and
-incentives,</quote> they say, <quote>misses a fundamental point. Our content,</quote> the
-warriors insist, <quote>is our <emphasis>property</emphasis>. Why should we
-wait for Congress to `rebalance' our property rights? Do you have to
-wait before calling the police when your car has been stolen? And why
-should Congress deliberate at all about the merits of this theft? Do
-we ask whether the car thief had a good use for the car before we
-arrest him?</quote>
+</para>
+<para>
+<emphasis role='strong'>Yet when anyone</emphasis> begins to talk
+about <quote>balance,</quote> the copyright warriors raise a different
+argument. <quote>All this hand waving about balance and
+incentives,</quote> they say, <quote>misses a fundamental point. Our
+content,</quote> the warriors insist, <quote>is our
+<emphasis>property</emphasis>. Why should we wait for Congress to
+`rebalance' our property rights? Do you have to wait before calling
+the police when your car has been stolen? And why should Congress
+deliberate at all about the merits of this theft? Do we ask whether
+the car thief had a good use for the car before we arrest him?</quote>

 </para>
 <para>
 <quote>It is <emphasis>our property</emphasis>,</quote> the warriors
 </para>
 <para>
 <quote>It is <emphasis>our property</emphasis>,</quote> the warriors


@@ -4371,11 +4668,11 @@ is protected.</quote>
 <para>
 
 <!-- PAGE BREAK 94 -->
 <para>
 
 <!-- PAGE BREAK 94 -->

-The copyright warriors are right: A copyright is a kind of
-property. It can be owned and sold, and the law protects against its
-theft. Ordinarily, the copyright owner gets to hold out for any price he
-wants. Markets reckon the supply and demand that partially determine
-the price she can get.
+<emphasis role='strong'>The copyright warriors</emphasis> are right: A
+copyright is a kind of property. It can be owned and sold, and the law
+protects against its theft. Ordinarily, the copyright owner gets to
+hold out for any price he wants. Markets reckon the supply and demand
+that partially determine the price she can get.

 </para>
 <para>
 But in ordinary language, to call a copyright a <quote>property</quote> right is a
 </para>
 <para>
 But in ordinary language, to call a copyright a <quote>property</quote> right is a


@@ -4389,6 +4686,7 @@ table in the backyard&mdash;by, for example, going to Sears, buying a
 table, and putting it in my backyard? What is the thing I am taking
 then?
 </para>
 table, and putting it in my backyard? What is the thing I am taking
 then?
 </para>

+<indexterm><primary>Jefferson, Thomas</primary></indexterm>

 <para>
 The point is not just about the thingness of picnic tables versus
 ideas, though that's an important difference. The point instead is that
 <para>
 The point is not just about the thingness of picnic tables versus
 ideas, though that's an important difference. The point instead is that


@@ -4408,6 +4706,7 @@ Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in
 Ellery Bergh, eds., 1903), 330, 333&ndash;34.
 </para></footnote>
 </para>
 Ellery Bergh, eds., 1903), 330, 333&ndash;34.
 </para></footnote>
 </para>

+<indexterm><primary>property rights</primary><secondary>intangibility of</secondary></indexterm>

 <para>
 The exceptions to free use are ideas and expressions within the
 reach of the law of patent and copyright, and a few other domains that
 <para>
 The exceptions to free use are ideas and expressions within the
 reach of the law of patent and copyright, and a few other domains that


@@ -4446,23 +4745,36 @@ from the implications that the copyright warriors would have us draw.
 <!-- PAGE BREAK 96 -->
 <chapter label="6" id="founders">
 <title>CHAPTER SIX: Founders</title>
 <!-- PAGE BREAK 96 -->
 <chapter label="6" id="founders">
 <title>CHAPTER SIX: Founders</title>

+<indexterm id='idxbooksenglishcopyrightlawdevelopedfor' class='startofrange'><primary>books</primary><secondary>English copyright law developed for</secondary></indexterm>
+<indexterm id='idxcopyrightlawdevelopmentof' class='startofrange'><primary>copyright law</primary><secondary>development of</secondary></indexterm>
+<indexterm id='idxcopyrightlawenglish' class='startofrange'><primary>copyright law</primary><secondary>English</secondary></indexterm>
+<indexterm id='idxenglandcopyrightlawsdevelopedin' class='startofrange'><primary>England, copyright laws developed in</primary></indexterm>
+<indexterm id='idxunitedkingdomhistoryofcopyrightlawin' class='startofrange'><primary>United Kingdom</primary><secondary>history of copyright law in</secondary></indexterm>
+<indexterm><primary>Branagh, Kenneth</primary></indexterm>

 <indexterm><primary>Henry V</primary></indexterm>
 <indexterm><primary>Henry V</primary></indexterm>

-<para>
-William Shakespeare wrote <citetitle>Romeo and Juliet</citetitle> in 1595. The play
-was first published in 1597. It was the eleventh major play that
-Shakespeare had written. He would continue to write plays through
-1613, and the plays that he wrote have continued to define
-Anglo-American culture ever since. So deeply have the works of a
-sixteenth-century writer seeped into our culture that we often don't
-even recognize their source.  I once overheard someone commenting on
-Kenneth Branagh's adaptation of Henry V: <quote>I liked it, but Shakespeare
-is so full of clichés.</quote>
-</para>
+<indexterm><primary>Shakespeare, William</primary></indexterm>
+<indexterm id='idxromeoandjulietshakespeare' class='startofrange'><primary>Romeo and Juliet (Shakespeare)</primary></indexterm>
+<para>
+<emphasis role='strong'>William Shakespeare</emphasis> wrote
+<citetitle>Romeo and Juliet</citetitle> in 1595. The play was first
+published in 1597. It was the eleventh major play that Shakespeare had
+written. He would continue to write plays through 1613, and the plays
+that he wrote have continued to define Anglo-American culture ever
+since. So deeply have the works of a sixteenth-century writer seeped
+into our culture that we often don't even recognize their source.  I
+once overheard someone commenting on Kenneth Branagh's adaptation of
+Henry V: <quote>I liked it, but Shakespeare is so full of
+clichés.</quote>
+</para>
+<indexterm><primary>Conger</primary></indexterm>
+<indexterm id='idxtonsonjacob' class='startofrange'><primary>Tonson, Jacob</primary></indexterm>

 <para>
 In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was written, the
 <quote>copy-right</quote> for the work was still thought by many to be the exclusive
 right of a single London publisher, Jacob Tonson.<footnote><para>
 <!-- f1 -->
 <para>
 In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was written, the
 <quote>copy-right</quote> for the work was still thought by many to be the exclusive
 right of a single London publisher, Jacob Tonson.<footnote><para>
 <!-- f1 -->

+<indexterm><primary>Jonson, Ben</primary></indexterm>
+<indexterm><primary>Dryden, John</primary></indexterm>

 Jacob Tonson is typically remembered for his associations with prominent
 eighteenth-century literary figures, especially John Dryden, and for his
 handsome <quote>definitive editions</quote> of classic works. In addition to <citetitle>Romeo and
 Jacob Tonson is typically remembered for his associations with prominent
 eighteenth-century literary figures, especially John Dryden, and for his
 handsome <quote>definitive editions</quote> of classic works. In addition to <citetitle>Romeo and


@@ -4486,6 +4798,10 @@ one else could publish copies of a book to which they held the
 copyright.  Prices of the classics were thus kept high; competition to
 produce better or cheaper editions was eliminated.
 </para>
 copyright.  Prices of the classics were thus kept high; competition to
 produce better or cheaper editions was eliminated.
 </para>

+<indexterm><primary>British Parliament</primary></indexterm>
+<indexterm id='idxcopyrightdurationof2' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>renewability of</secondary></indexterm>
+<indexterm><primary>Statute of Anne (1710)</primary></indexterm>

 <para>
 Now, there's something puzzling about the year 1774 to anyone who
 knows a little about copyright law. The better-known year in the
 <para>
 Now, there's something puzzling about the year 1774 to anyone who
 knows a little about copyright law. The better-known year in the


@@ -4496,13 +4812,18 @@ fourteen years, renewable once if the author was alive, and that all
 works already published by 1710 would get a single term of twenty-one
 additional years.<footnote><para>
 <!-- f3 -->
 works already published by 1710 would get a single term of twenty-one
 additional years.<footnote><para>
 <!-- f3 -->

+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 As Siva Vaidhyanathan nicely argues, it is erroneous to call this a
 <quote>copyright law.</quote> See Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 40.
 As Siva Vaidhyanathan nicely argues, it is erroneous to call this a
 <quote>copyright law.</quote> See Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 40.

-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 </para></footnote> Under this law, <citetitle>Romeo and Juliet</citetitle> should have been
 free in 1731. So why was there any issue about it still being under
 Tonson's control in 1774?
 </para>
 </para></footnote> Under this law, <citetitle>Romeo and Juliet</citetitle> should have been
 free in 1731. So why was there any issue about it still being under
 Tonson's control in 1774?
 </para>

+<indexterm startref='idxromeoandjulietshakespeare' class='endofrange'/>
+<indexterm startref='idxtonsonjacob' class='endofrange'/>
+<indexterm id='idxlawcommonvspositive' class='startofrange'><primary>law</primary><secondary>common vs. positive</secondary></indexterm>
+<indexterm><primary>positive law</primary></indexterm>
+<indexterm><primary>Licensing Act (1662)</primary></indexterm>

 <para>
 The reason is that the English hadn't yet agreed on what a <quote>copyright</quote>
 was&mdash;indeed, no one had. At the time the English passed the
 <para>
 The reason is that the English hadn't yet agreed on what a <quote>copyright</quote>
 was&mdash;indeed, no one had. At the time the English passed the


@@ -4513,8 +4834,9 @@ as a way to make it easier for the Crown to control what was
 published.  But after it expired, there was no positive law that said
 that the publishers, or <quote>Stationers,</quote> had an exclusive right to print
 books.
 published.  But after it expired, there was no positive law that said
 that the publishers, or <quote>Stationers,</quote> had an exclusive right to print
 books.

-<indexterm><primary>Licensing Act (1662)</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcopyrightdurationof2' class='endofrange'/>
+<indexterm><primary>common law</primary></indexterm>

 <para>
 There was no <emphasis>positive</emphasis> law, but that didn't mean
 that there was no law. The Anglo-American legal tradition looks to
 <para>
 There was no <emphasis>positive</emphasis> law, but that didn't mean
 that there was no law. The Anglo-American legal tradition looks to


@@ -4527,6 +4849,11 @@ background only if it passes a law to displace it. And so the real
 question after the licensing statutes had expired was whether the
 common law protected a copyright, independent of any positive law.
 </para>
 question after the licensing statutes had expired was whether the
 common law protected a copyright, independent of any positive law.
 </para>

+<indexterm startref='idxlawcommonvspositive' class='endofrange'/>
+<indexterm><primary>Conger</primary></indexterm>
+<indexterm id='idxbritishparliament' class='startofrange'><primary>British Parliament</primary></indexterm>
+<indexterm><primary>Scottish publishers</primary></indexterm>
+<indexterm id='idxstatuteofanne' class='startofrange'><primary>Statute of Anne (1710)</primary></indexterm>

 <para>
 This question was important to the publishers, or <quote>booksellers,</quote> as
 they were called, because there was growing competition from foreign
 <para>
 This question was important to the publishers, or <quote>booksellers,</quote> as
 they were called, because there was growing competition from foreign


@@ -4539,6 +4866,7 @@ to again give them exclusive control over publishing. That demand
                ultimately
 resulted in the Statute of Anne.
 </para>
                ultimately
 resulted in the Statute of Anne.
 </para>

+<indexterm id='idxcopyrightasnarrowmonopolyright' class='startofrange'><primary>copyright</primary><secondary>as narrow monopoly right</secondary></indexterm>

 <para>
 The Statute of Anne granted the author or <quote>proprietor</quote> of a book an
 exclusive right to print that book. In an important limitation,
 <para>
 The Statute of Anne granted the author or <quote>proprietor</quote> of a book an
 exclusive right to print that book. In an important limitation,


@@ -4548,12 +4876,16 @@ copyright <quote>expired,</quote> and the work would then be free and could be
 published by anyone. Or so the legislature is thought to have
 believed.
 </para>
 published by anyone. Or so the legislature is thought to have
 believed.
 </para>

+<indexterm startref='idxstatuteofanne' class='endofrange'/>

 <para>
 Now, the thing to puzzle about for a moment is this: Why would
 Parliament limit the exclusive right? Not why would they limit it to
 the particular limit they set, but why would they limit the right
 <emphasis>at all?</emphasis>
 </para>
 <para>
 Now, the thing to puzzle about for a moment is this: Why would
 Parliament limit the exclusive right? Not why would they limit it to
 the particular limit they set, but why would they limit the right
 <emphasis>at all?</emphasis>
 </para>

+<indexterm startref='idxbritishparliament' class='endofrange'/>
+<indexterm><primary>Shakespeare, William</primary></indexterm>
+<indexterm><primary>Romeo and Juliet (Shakespeare)</primary></indexterm>

 <para>
 For the booksellers, and the authors whom they represented, had a very
 strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: That play
 <para>
 For the booksellers, and the authors whom they represented, had a very
 strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: That play


@@ -4565,12 +4897,14 @@ why is it that the law would ever allow someone else to come along and
 take Shakespeare's play without his, or his estate's, permission? What
 reason is there to allow someone else to <quote>steal</quote> Shakespeare's work?
 </para>
 take Shakespeare's play without his, or his estate's, permission? What
 reason is there to allow someone else to <quote>steal</quote> Shakespeare's work?
 </para>

+<indexterm><primary>Statute of Anne (1710)</primary></indexterm>

 <para>
 The answer comes in two parts. We first need to see something special
 about the notion of <quote>copyright</quote> that existed at the time of the
 Statute of Anne. Second, we have to see something important about
 <quote>booksellers.</quote>
 </para>
 <para>
 The answer comes in two parts. We first need to see something special
 about the notion of <quote>copyright</quote> that existed at the time of the
 Statute of Anne. Second, we have to see something important about
 <quote>booksellers.</quote>
 </para>

+<indexterm><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>

 <para>
 First, about copyright. In the last three hundred years, we have come
 to apply the concept of <quote>copyright</quote> ever more broadly. But in 1710, it
 <para>
 First, about copyright. In the last three hundred years, we have come
 to apply the concept of <quote>copyright</quote> ever more broadly. But in 1710, it


@@ -4586,6 +4920,8 @@ large collection of restrictions on the freedom of others: It grants
 the author the exclusive right to copy, the exclusive right to
 distribute, the exclusive right to perform, and so on.
 </para>
 the author the exclusive right to copy, the exclusive right to
 distribute, the exclusive right to perform, and so on.
 </para>

+<indexterm><primary>Branagh, Kenneth</primary></indexterm>
+<indexterm><primary>Shakespeare, William</primary></indexterm>

 <para>
 So, for example, even if the copyright to Shakespeare's works were
 perpetual, all that would have meant under the original meaning of the
 <para>
 So, for example, even if the copyright to Shakespeare's works were
 perpetual, all that would have meant under the original meaning of the


@@ -4597,6 +4933,8 @@ allowed to make his films. The <quote>copy-right</quote> was only an exclusive
 right to print&mdash;no less, of course, but also no more.
 </para>
 <indexterm><primary>Henry VIII, King of England</primary></indexterm>
 right to print&mdash;no less, of course, but also no more.
 </para>
 <indexterm><primary>Henry VIII, King of England</primary></indexterm>

+<indexterm id='idxmonopolycopyrightas' class='startofrange'><primary>monopoly, copyright as</primary></indexterm>
+<indexterm><primary>Statute of Monopolies (1656)</primary></indexterm>

 <para>
 Even that limited right was viewed with skepticism by the British.
 They had had a long and ugly experience with <quote>exclusive rights,</quote>
 <para>
 Even that limited right was viewed with skepticism by the British.
 They had had a long and ugly experience with <quote>exclusive rights,</quote>


@@ -4619,6 +4957,10 @@ have it forever.</quote>) The state would protect the exclusive right, but
 only so long as it benefited society. The British saw the harms from
 specialinterest favors; they passed a law to stop them.
 </para>
 only so long as it benefited society. The British saw the harms from
 specialinterest favors; they passed a law to stop them.
 </para>

+<indexterm><primary>Milton, John</primary></indexterm>
+<indexterm id='idxbooksellersenglish' class='startofrange'><primary>booksellers, English</primary></indexterm>
+<indexterm><primary>Conger</primary></indexterm>
+<indexterm id='idxcopyrightdurationof3' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>

 <para>
 Second, about booksellers. It wasn't just that the copyright was a
 monopoly. It was also that it was a monopoly held by the booksellers.
 <para>
 Second, about booksellers. It wasn't just that the copyright was a
 monopoly. It was also that it was a monopoly held by the booksellers.


@@ -4639,6 +4981,8 @@ Philip Wittenberg, <citetitle>The Protection and Marketing of Literary
 Property</citetitle> (New York: J. Messner, Inc., 1937), 31.
 </para></footnote>
 </para>
 Property</citetitle> (New York: J. Messner, Inc., 1937), 31.
 </para></footnote>
 </para>

+<indexterm><primary>Enlightenment</primary></indexterm>
+<indexterm><primary>knowledge, freedom of</primary></indexterm>

 <para>
 Many believed the power the booksellers exercised over the spread of
 knowledge was harming that spread, just at the time the Enlightenment
 <para>
 Many believed the power the booksellers exercised over the spread of
 knowledge was harming that spread, just at the time the Enlightenment


@@ -4647,6 +4991,7 @@ generally. The idea that knowledge should be free was a hallmark of
 the time, and these powerful commercial interests were interfering
 with that idea.
 </para>
 the time, and these powerful commercial interests were interfering
 with that idea.
 </para>

+<indexterm id='idxbritishparliament2' class='startofrange'><primary>British Parliament</primary></indexterm>

 <para>
 To balance this power, Parliament decided to increase competition
 among booksellers, and the simplest way to do that was to spread the
 <para>
 To balance this power, Parliament decided to increase competition
 among booksellers, and the simplest way to do that was to spread the


@@ -4659,6 +5004,9 @@ to fight the power of the booksellers. The limitation on terms was
 an indirect way to assure competition among publishers, and thus the
 construction and spread of culture.
 </para>
 an indirect way to assure competition among publishers, and thus the
 construction and spread of culture.
 </para>

+<indexterm id='idxstatuteofanne2' class='startofrange'><primary>Statute of Anne (1710)
+</primary></indexterm>
+<indexterm id='idxcopyrightinperpetuity' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>

 <para>
 When 1731 (1710 + 21) came along, however, the booksellers were
 getting anxious. They saw the consequences of more competition, and
 <para>
 When 1731 (1710 + 21) came along, however, the booksellers were
 getting anxious. They saw the consequences of more competition, and


@@ -4694,6 +5042,11 @@ al., 8, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxstatuteofanne2' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity' class='endofrange'/>
+<indexterm><primary>common law</primary></indexterm>
+<indexterm><primary>law</primary><secondary>common vs. positive</secondary></indexterm>
+<indexterm><primary>positive law</primary></indexterm>

 <para>
 Having failed in Parliament, the publishers turned to the courts in a
 series of cases. Their argument was simple and direct: The Statute of
 <para>
 Having failed in Parliament, the publishers turned to the courts in a
 series of cases. Their argument was simple and direct: The Statute of


@@ -4709,6 +5062,7 @@ they had the right to ban the publication of a book, even if its
 Statute of Anne copyright had expired. This, they argued, was the only
 way to protect authors.
 </para>
 Statute of Anne copyright had expired. This, they argued, was the only
 way to protect authors.
 </para>

+<indexterm startref='idxbritishparliament2' class='endofrange'/>

 <para>
 This was a clever argument, and one that had the support of some of
 the leading jurists of the day. It also displayed extraordinary
 <para>
 This was a clever argument, and one that had the support of some of
 the leading jurists of the day. It also displayed extraordinary


@@ -4716,14 +5070,18 @@ chutzpah.  Until then, as law professor Raymond Patterson has put it,
 <quote>The publishers &hellip; had as much concern for authors as a cattle
 rancher has for cattle.</quote><footnote><para>
 <!-- f6 -->
 <quote>The publishers &hellip; had as much concern for authors as a cattle
 rancher has for cattle.</quote><footnote><para>
 <!-- f6 -->

+<indexterm><primary>Patterson, Raymond</primary></indexterm>
+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 Lyman Ray Patterson, <quote>Free Speech, Copyright, and Fair Use,</quote> <citetitle>Vanderbilt
 Law Review</citetitle> 40 (1987): 28. For a wonderfully compelling account, see
 Vaidhyanathan, 37&ndash;48.
 Lyman Ray Patterson, <quote>Free Speech, Copyright, and Fair Use,</quote> <citetitle>Vanderbilt
 Law Review</citetitle> 40 (1987): 28. For a wonderfully compelling account, see
 Vaidhyanathan, 37&ndash;48.

-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 </para></footnote>
 The bookseller didn't care squat for the rights of the author.  His
 concern was the monopoly profit that the author's work gave.
 </para>
 </para></footnote>
 The bookseller didn't care squat for the rights of the author.  His
 concern was the monopoly profit that the author's work gave.
 </para>

+<indexterm id='idxdonaldsonalexander' class='startofrange'><primary>Donaldson, Alexander</primary></indexterm>
+<indexterm><primary>Patterson, Raymond</primary></indexterm>
+<indexterm id='idxscottishpublishers' class='startofrange'><primary>Scottish publishers</primary></indexterm>

 <para>
 The booksellers' argument was not accepted without a fight.
 The hero of this fight was a Scottish bookseller named Alexander
 <para>
 The booksellers' argument was not accepted without a fight.
 The hero of this fight was a Scottish bookseller named Alexander


@@ -4733,6 +5091,10 @@ For a compelling account, see David Saunders, <citetitle>Authorship and Copyrigh
 (London: Routledge, 1992), 62&ndash;69.
 </para></footnote>
 </para>
 (London: Routledge, 1992), 62&ndash;69.
 </para></footnote>
 </para>

+<indexterm id='idxstatuteofanne3' class='startofrange'><primary>Statute of Anne (1710)</primary></indexterm>
+<indexterm id='idxconger' class='startofrange'><primary>Conger</primary></indexterm>
+<indexterm><primary>Boswell, James</primary></indexterm>
+<indexterm><primary>Erskine, Andrew</primary></indexterm>

 <para>
 Donaldson was an outsider to the London Conger. He began his
 career in Edinburgh in 1750. The focus of his business was inexpensive
 <para>
 Donaldson was an outsider to the London Conger. He began his
 career in Edinburgh in 1750. The focus of his business was inexpensive


@@ -4752,9 +5114,8 @@ of contemporary Scottish poems with Donaldson.</quote><footnote><para>
 <!-- f9 -->
 Ibid., 93.
 </para></footnote>
 <!-- f9 -->
 Ibid., 93.
 </para></footnote>

-<indexterm><primary>Boswell, James</primary></indexterm>
-<indexterm><primary>Erskine, Andrew</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxcommonlaw' class='startofrange'><primary>common law</primary></indexterm>

 <para>
 When the London booksellers tried to shut down Donaldson's shop in
 Scotland, he responded by moving his shop to London, where he sold
 <para>
 When the London booksellers tried to shut down Donaldson's shop in
 Scotland, he responded by moving his shop to London, where he sold


@@ -4762,6 +5123,7 @@ inexpensive editions <quote>of the most popular English books, in defiance
 of the supposed common law right of Literary
 Property.</quote><footnote><para>
 <!-- f10 -->
 of the supposed common law right of Literary
 Property.</quote><footnote><para>
 <!-- f10 -->

+<indexterm><primary>Patterson, Raymond</primary></indexterm>

 Lyman Ray Patterson, <citetitle>Copyright in Historical Perspective</citetitle>, 167 (quoting
 Borwell).
 </para></footnote>
 Lyman Ray Patterson, <citetitle>Copyright in Historical Perspective</citetitle>, 167 (quoting
 Borwell).
 </para></footnote>


@@ -4769,11 +5131,19 @@ His books undercut the Conger prices by 30 to 50 percent, and he
 rested his right to compete upon the ground that, under the Statute of
 Anne, the works he was selling had passed out of protection.
 </para>
 rested his right to compete upon the ground that, under the Statute of
 Anne, the works he was selling had passed out of protection.
 </para>

+<indexterm startref='idxconger' class='endofrange'/>
+<indexterm id='idxmillarvtaylor' class='startofrange'><primary>Millar v. Taylor</primary></indexterm>

 <para>
 The London booksellers quickly brought suit to block <quote>piracy</quote> like
 Donaldson's. A number of actions were successful against the <quote>pirates,</quote>
 the most important early victory being <citetitle>Millar</citetitle> v. <citetitle>Taylor</citetitle>.
 </para>
 <para>
 The London booksellers quickly brought suit to block <quote>piracy</quote> like
 Donaldson's. A number of actions were successful against the <quote>pirates,</quote>
 the most important early victory being <citetitle>Millar</citetitle> v. <citetitle>Taylor</citetitle>.
 </para>

+<indexterm startref='idxdonaldsonalexander' class='endofrange'/>
+<indexterm startref='idxscottishpublishers' class='endofrange'/>
+<indexterm id='idxthomsonjames' class='startofrange'><primary>Thomson, James</primary></indexterm>
+<indexterm id='idxcopyrightinperpetuity2' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm><primary>Seasons, The (Thomson)</primary></indexterm>
+<indexterm><primary>Taylor, Robert</primary></indexterm>

 <para>
 Millar was a bookseller who in 1729 had purchased the rights to James
 Thomson's poem <quote>The Seasons.</quote> Millar complied with the requirements of
 <para>
 Millar was a bookseller who in 1729 had purchased the rights to James
 Thomson's poem <quote>The Seasons.</quote> Millar complied with the requirements of


@@ -4787,9 +5157,7 @@ Exploding the Myth of Common Law Copyright,</quote> <citetitle>Wayne Law Review<
 (1983): 1152.
 </para></footnote>
 </para>
 (1983): 1152.
 </para></footnote>
 </para>

-<indexterm id="idxmansfield2" class='startofrange'>
-  <primary>Mansfield, William Murray, Lord</primary>
-</indexterm>
+<indexterm id='idxmansfieldwilliammurraylord2' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>

 <para>
 Astonishingly to modern lawyers, one of the greatest judges in English
 history, Lord Mansfield, agreed with the booksellers. Whatever
 <para>
 Astonishingly to modern lawyers, one of the greatest judges in English
 history, Lord Mansfield, agreed with the booksellers. Whatever


@@ -4801,6 +5169,10 @@ reprinting Thomson's poem without Millar's permission. That common law
 rule thus effectively gave the booksellers a perpetual right to
 control the publication of any book assigned to them.
 </para>
 rule thus effectively gave the booksellers a perpetual right to
 control the publication of any book assigned to them.
 </para>

+<indexterm startref='idxcommonlaw' class='endofrange'/>
+<indexterm startref='idxthomsonjames' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity2' class='endofrange'/>
+<indexterm id='idxbritishparliament3' class='startofrange'><primary>British Parliament</primary></indexterm>

 <para>
 Considered as a matter of abstract justice&mdash;reasoning as if
 justice were just a matter of logical deduction from first
 <para>
 Considered as a matter of abstract justice&mdash;reasoning as if
 justice were just a matter of logical deduction from first


@@ -4815,12 +5187,17 @@ a reasonable period of time. Within twenty-one years, Parliament
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>

-<indexterm startref="idxmansfield2" class='endofrange'/>
+<indexterm startref='idxmansfieldwilliammurraylord2' class='endofrange'/>
+<indexterm id='idxdonaldsonalexander2' class='startofrange'><primary>Donaldson, Alexander</primary></indexterm>
+<indexterm id='idxscottishpublishers2' class='startofrange'><primary>Scottish publishers</primary></indexterm>

 <para>
 The fight to defend the limits of the Statute of Anne was not to end
 there, however, and it is here that Donaldson enters the mix.
 </para>
 <para>
 The fight to defend the limits of the Statute of Anne was not to end
 there, however, and it is here that Donaldson enters the mix.
 </para>

+<indexterm><primary>Thomson, James</primary></indexterm>

 <indexterm><primary>Beckett, Thomas</primary></indexterm>
 <indexterm><primary>Beckett, Thomas</primary></indexterm>

+<indexterm id='idxhouseoflords' class='startofrange'><primary>House of Lords</primary></indexterm>
+<indexterm id='idxsupremecourtushouseoflordsvs' class='startofrange'><primary>Supreme Court, U.S.</primary><secondary>House of Lords vs.</secondary></indexterm>

 <para>
 Millar died soon after his victory, so his case was not appealed. His
 estate sold Thomson's poems to a syndicate of printers that included
 <para>
 Millar died soon after his victory, so his case was not appealed. His
 estate sold Thomson's poems to a syndicate of printers that included


@@ -4835,6 +5212,10 @@ the House of Lords, which functioned much like our own Supreme
 Court. In February of 1774, that body had the chance to interpret the
 meaning of Parliament's limits from sixty years before.
 </para>
 Court. In February of 1774, that body had the chance to interpret the
 meaning of Parliament's limits from sixty years before.
 </para>

+<indexterm startref='idxmillarvtaylor' class='endofrange'/>
+<indexterm startref='idxbritishparliament3' class='endofrange'/>
+<indexterm id='idxdonaldsonvbeckett' class='startofrange'><primary>Donaldson v. Beckett</primary></indexterm>
+<indexterm id='idxcommonlaw2' class='startofrange'><primary>common law</primary></indexterm>

 <para>
 As few legal cases ever do, <citetitle>Donaldson</citetitle> v. <citetitle>Beckett</citetitle> drew an
 enormous amount of attention throughout Britain. Donaldson's lawyers
 <para>
 As few legal cases ever do, <citetitle>Donaldson</citetitle> v. <citetitle>Beckett</citetitle> drew an
 enormous amount of attention throughout Britain. Donaldson's lawyers


@@ -4845,6 +5226,7 @@ publication came from that statute. Thus, they argued, after the term
 specified in the Statute of Anne expired, works that had been
 protected by the statute were no longer protected.
 </para>
 specified in the Statute of Anne expired, works that had been
 protected by the statute were no longer protected.
 </para>

+<indexterm startref='idxstatuteofanne3' class='endofrange'/>

 <para>
 The House of Lords was an odd institution. Legal questions were
 presented to the House and voted upon first by the <quote>law lords,</quote>
 <para>
 The House of Lords was an odd institution. Legal questions were
 presented to the House and voted upon first by the <quote>law lords,</quote>


@@ -4852,6 +5234,9 @@ members of special legal distinction who functioned much like the
 Justices in our Supreme Court. Then, after the law lords voted, the
 House of Lords generally voted.
 </para>
 Justices in our Supreme Court. Then, after the law lords voted, the
 House of Lords generally voted.
 </para>

+<indexterm startref='idxsupremecourtushouseoflordsvs' class='endofrange'/>
+<indexterm id='idxcopyrightinperpetuity3' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm id='idxpublicdomainenglishlegalestablishmentof' class='startofrange'><primary>public domain</primary><secondary>English legal establishment of</secondary></indexterm>

 <para>
 The reports about the law lords' votes are mixed. On some counts,
 it looks as if perpetual copyright prevailed. But there is no ambiguity
 <para>
 The reports about the law lords' votes are mixed. On some counts,
 it looks as if perpetual copyright prevailed. But there is no ambiguity


@@ -4862,6 +5247,11 @@ Whatever one's understanding of the common law, now a copyright was
 fixed for a limited time, after which the work protected by copyright
 passed into the public domain.
 </para>
 fixed for a limited time, after which the work protected by copyright
 passed into the public domain.
 </para>

+<indexterm><primary>Bacon, Francis</primary></indexterm>
+<indexterm><primary>Bunyan, John</primary></indexterm>
+<indexterm><primary>Johnson, Samuel</primary></indexterm>
+<indexterm><primary>Milton, John</primary></indexterm>
+<indexterm><primary>Shakespeare, William</primary></indexterm>

 <para>
 <quote>The public domain.</quote> Before the case of <citetitle>Donaldson</citetitle>
 v. <citetitle>Beckett</citetitle>, there was no clear idea of a public domain in
 <para>
 <quote>The public domain.</quote> Before the case of <citetitle>Donaldson</citetitle>
 v. <citetitle>Beckett</citetitle>, there was no clear idea of a public domain in


@@ -4871,12 +5261,13 @@ born. For the first time in Anglo-American history, the legal control
 over creative works expired, and the greatest works in English
 history&mdash;including those of Shakespeare, Bacon, Milton, Johnson,
 and Bunyan&mdash;were free of legal restraint.
 over creative works expired, and the greatest works in English
 history&mdash;including those of Shakespeare, Bacon, Milton, Johnson,
 and Bunyan&mdash;were free of legal restraint.

-<indexterm><primary>Bacon, Francis</primary></indexterm>
-<indexterm><primary>Bunyan, John</primary></indexterm>
-<indexterm><primary>Johnson, Samuel</primary></indexterm>
-<indexterm><primary>Milton, John</primary></indexterm>
-<indexterm><primary>Shakespeare, William</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxdonaldsonalexander2' class='endofrange'/>
+<indexterm startref='idxscottishpublishers2' class='endofrange'/>
+<indexterm startref='idxcommonlaw2' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity3' class='endofrange'/>
+<indexterm startref='idxpublicdomainenglishlegalestablishmentof' class='endofrange'/>
+<indexterm><primary>Scottish publishers</primary></indexterm>

 <para>
 It is hard for us to imagine, but this decision by the House of Lords
 fueled an extraordinarily popular and political reaction. In Scotland,
 <para>
 It is hard for us to imagine, but this decision by the House of Lords
 fueled an extraordinarily popular and political reaction. In Scotland,


@@ -4891,6 +5282,7 @@ and illuminations.</quote><footnote><para>
 Rose, 97.
 </para></footnote>
 </para>
 Rose, 97.
 </para></footnote>
 </para>

+<indexterm startref='idxhouseoflords' class='endofrange'/>

 <para>
 In London, however, at least among publishers, the reaction was
 equally strong in the opposite direction. The <citetitle>Morning Chronicle</citetitle>
 <para>
 In London, however, at least among publishers, the reaction was
 equally strong in the opposite direction. The <citetitle>Morning Chronicle</citetitle>


@@ -4911,6 +5303,8 @@ Ibid.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm><primary>House of Lords</primary></indexterm>
+<indexterm><primary>free culture</primary><secondary>English legal establishment of</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 105 -->
 <quote>Ruined</quote> is a bit of an exaggeration. But it is not an exaggeration to
 <para>
 <!-- PAGE BREAK 105 -->
 <quote>Ruined</quote> is a bit of an exaggeration. But it is not an exaggeration to


@@ -4933,28 +5327,46 @@ context</emphasis>, not a context in which the choices about what
 culture is available to people and how they get access to it are made
 by the few despite the wishes of the many.
 </para>
 culture is available to people and how they get access to it are made
 by the few despite the wishes of the many.
 </para>

+<indexterm startref='idxbooksellersenglish' class='endofrange'/>
+<indexterm><primary>British Parliament</primary></indexterm>

 <para>
 At least, this was the rule in a world where the Parliament is
 antimonopoly, resistant to the protectionist pleas of publishers. In a
 world where the Parliament is more pliant, free culture would be less
 protected.
 </para>
 <para>
 At least, this was the rule in a world where the Parliament is
 antimonopoly, resistant to the protectionist pleas of publishers. In a
 world where the Parliament is more pliant, free culture would be less
 protected.
 </para>

+<indexterm startref='idxbooksenglishcopyrightlawdevelopedfor' class='endofrange'/>
+<indexterm startref='idxcopyrightlawdevelopmentof' class='endofrange'/>
+<indexterm startref='idxcopyrightlawenglish' class='endofrange'/>
+<indexterm startref='idxenglandcopyrightlawsdevelopedin' class='endofrange'/>
+<indexterm startref='idxunitedkingdomhistoryofcopyrightlawin' class='endofrange'/>
+<indexterm startref='idxcopyrightasnarrowmonopolyright' class='endofrange'/>
+<indexterm startref='idxmonopolycopyrightas' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof3' class='endofrange'/>
+<indexterm startref='idxdonaldsonvbeckett' class='endofrange'/>

 <!-- PAGE BREAK 106 -->
 </chapter>
 <chapter label="7" id="recorders">
 <title>CHAPTER SEVEN: Recorders</title>
 <!-- PAGE BREAK 106 -->
 </chapter>
 <chapter label="7" id="recorders">
 <title>CHAPTER SEVEN: Recorders</title>

+<indexterm id='idxcopyrightlawfairuseand' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxdocumentaryfilm' class='startofrange'><primary>documentary film</primary></indexterm>
+<indexterm id='idxelsejon' class='startofrange'><primary>Else, Jon</primary></indexterm>
+<indexterm id='idxfairuseindocumentaryfilm' class='startofrange'><primary>fair use</primary><secondary>in documentary film</secondary></indexterm>
+<indexterm id='idxfilmsfairuseofcopyrightedmaterialin' class='startofrange'><primary>films</primary><secondary>fair use of copyrighted material in</secondary></indexterm>

 <para>
 <para>

-Jon Else is a filmmaker. He is best known for his documentaries and
-has been very successful in spreading his art. He is also a teacher, and
-as a teacher myself, I envy the loyalty and admiration that his students
-feel for him. (I met, by accident, two of his students at a dinner party.
-He was their god.)
+<emphasis role='strong'>Jon Else</emphasis> is a filmmaker. He is best
+known for his documentaries and has been very successful in spreading
+his art. He is also a teacher, and as a teacher myself, I envy the
+loyalty and admiration that his students feel for him. (I met, by
+accident, two of his students at a dinner party.  He was their god.)

 </para>
 <para>
 Else worked on a documentary that I was involved in. At a break,
 he told me a story about the freedom to create with film in America
 today.
 </para>
 </para>
 <para>
 Else worked on a documentary that I was involved in. At a break,
 he told me a story about the freedom to create with film in America
 today.
 </para>

+<indexterm id='idxwagnerrichard' class='startofrange'><primary>Wagner, Richard</primary></indexterm>
+<indexterm><primary>San Francisco Opera</primary></indexterm>

 <para>
 In 1990, Else was working on a documentary about Wagner's Ring
 Cycle. The focus was stagehands at the San Francisco Opera.
 <para>
 In 1990, Else was working on a documentary about Wagner's Ring
 Cycle. The focus was stagehands at the San Francisco Opera.


@@ -4962,8 +5374,8 @@ Stagehands are a particularly funny and colorful element of an opera.
 During a show, they hang out below the stage in the grips' lounge and
 in the lighting loft. They make a perfect contrast to the art on the
 stage.
 During a show, they hang out below the stage in the grips' lounge and
 in the lighting loft. They make a perfect contrast to the art on the
 stage.

-<indexterm><primary>San Francisco Opera</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxsimpsonsthe' class='startofrange'><primary>Simpsons, The</primary></indexterm>

 <para>
 During one of the performances, Else was shooting some stagehands
 playing checkers. In one corner of the room was a television set.
 <para>
 During one of the performances, Else was shooting some stagehands
 playing checkers. In one corner of the room was a television set.


@@ -4973,6 +5385,8 @@ and the opera company played Wagner, was <citetitle>The Simpsons</citetitle>. As
 it, this touch of cartoon helped capture the flavor of what was special
 about the scene.
 </para>
 it, this touch of cartoon helped capture the flavor of what was special
 about the scene.
 </para>

+<indexterm startref='idxwagnerrichard' class='endofrange'/>
+<indexterm><primary>films</primary><secondary>multiple copyrights associated with</secondary></indexterm>

 <para>
 Years later, when he finally got funding to complete the film, Else
 attempted to clear the rights for those few seconds of <citetitle>The Simpsons</citetitle>.
 <para>
 Years later, when he finally got funding to complete the film, Else
 attempted to clear the rights for those few seconds of <citetitle>The Simpsons</citetitle>.


@@ -4980,22 +5394,24 @@ For of course, those few seconds are copyrighted; and of course, to use
 copyrighted material you need the permission of the copyright owner,
 unless <quote>fair use</quote> or some other privilege applies.
 </para>
 copyrighted material you need the permission of the copyright owner,
 unless <quote>fair use</quote> or some other privilege applies.
 </para>

+<indexterm id='idxgraciefilms' class='startofrange'><primary>Gracie Films</primary></indexterm>
+<indexterm id='idxgroeningmatt' class='startofrange'><primary>Groening, Matt</primary></indexterm>

 <para>
 Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office to get permission.
 Groening approved the shot. The shot was a four-and-a-halfsecond image
 on a tiny television set in the corner of the room. How could it hurt?
 Groening was happy to have it in the film, but he told Else to contact
 Gracie Films, the company that produces the program.
 <para>
 Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office to get permission.
 Groening approved the shot. The shot was a four-and-a-halfsecond image
 on a tiny television set in the corner of the room. How could it hurt?
 Groening was happy to have it in the film, but he told Else to contact
 Gracie Films, the company that produces the program.

-<indexterm><primary>Gracie Films</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxfoxfilmcompany' class='startofrange'><primary>Fox (film company)</primary></indexterm>

 <para>
 Gracie Films was okay with it, too, but they, like Groening, wanted
 to be careful. So they told Else to contact Fox, Gracie's parent company.
 Else called Fox and told them about the clip in the corner of the one
 room shot of the film. Matt Groening had already given permission,
 Else said. He was just confirming the permission with Fox.
 <para>
 Gracie Films was okay with it, too, but they, like Groening, wanted
 to be careful. So they told Else to contact Fox, Gracie's parent company.
 Else called Fox and told them about the clip in the corner of the one
 room shot of the film. Matt Groening had already given permission,
 Else said. He was just confirming the permission with Fox.

-<indexterm><primary>Gracie Films</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxgraciefilms' class='endofrange'/>

 <para>
 Then, as Else told me, <quote>two things happened. First we discovered
 &hellip; that Matt Groening doesn't own his own creation&mdash;or at
 <para>
 Then, as Else told me, <quote>two things happened. First we discovered
 &hellip; that Matt Groening doesn't own his own creation&mdash;or at


@@ -5004,6 +5420,9 @@ And second, Fox <quote>wanted ten thousand dollars as a licensing fee for us
 to use this four-point-five seconds of &hellip; entirely unsolicited
 <citetitle>Simpsons</citetitle> which was in the corner of the shot.</quote>
 </para>
 to use this four-point-five seconds of &hellip; entirely unsolicited
 <citetitle>Simpsons</citetitle> which was in the corner of the shot.</quote>
 </para>

+<indexterm startref='idxgroeningmatt' class='endofrange'/>
+<indexterm startref='idxfoxfilmcompany' class='endofrange'/>
+<indexterm id='idxherrerarebecca' class='startofrange'><primary>Herrera, Rebecca</primary></indexterm>

 <para>
 Else was certain there was a mistake. He worked his way up to someone
 he thought was a vice president for licensing, Rebecca Herrera.  He
 <para>
 Else was certain there was a mistake. He worked his way up to someone
 he thought was a vice president for licensing, Rebecca Herrera.  He


@@ -5012,6 +5431,7 @@ asking for your educational rate on this.</quote> That was the educational
 rate, Herrera told Else. A day or so later, Else called again to
 confirm what he had been told.
 </para>
 rate, Herrera told Else. A day or so later, Else called again to
 confirm what he had been told.
 </para>

+<indexterm><primary>Wagner, Richard</primary></indexterm>

 <para>
 <quote>I wanted to make sure I had my facts straight,</quote> he told me. <quote>Yes, you
 have your facts straight,</quote> she said. It would cost $10,000 to use the
 <para>
 <quote>I wanted to make sure I had my facts straight,</quote> he told me. <quote>Yes, you
 have your facts straight,</quote> she said. It would cost $10,000 to use the


@@ -5024,6 +5444,9 @@ if you quote me, I'll turn you over to our attorneys.</quote> As an assistant
 to Herrera told Else later on, <quote>They don't give a shit. They just want
 the money.</quote>
 </para>
 to Herrera told Else later on, <quote>They don't give a shit. They just want
 the money.</quote>
 </para>

+<indexterm startref='idxherrerarebecca' class='endofrange'/>
+<indexterm><primary>San Francisco Opera</primary></indexterm>
+<indexterm><primary>Day After Trinity, The</primary></indexterm>

 <para>
 Else didn't have the money to buy the right to replay what was playing
 on the television backstage at the San Francisco Opera. To reproduce
 <para>
 Else didn't have the money to buy the right to replay what was playing
 on the television backstage at the San Francisco Opera. To reproduce


@@ -5031,9 +5454,9 @@ this reality was beyond the documentary filmmaker's budget. At the
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 <citetitle>The Day After Trinity</citetitle>, from ten years before.
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 <citetitle>The Day After Trinity</citetitle>, from ten years before.

-<indexterm><primary>San Francisco Opera</primary></indexterm>
-<indexterm><primary>Day After Trinity, The</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxfoxfilmcompany2' class='startofrange'><primary>Fox (film company)</primary></indexterm>
+<indexterm id='idxgroeningmatt2' class='startofrange'><primary>Groening, Matt</primary></indexterm>

 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the
 copyright to <citetitle>The Simpsons</citetitle>. That copyright is their property.  To use
 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the
 copyright to <citetitle>The Simpsons</citetitle>. That copyright is their property.  To use


@@ -5068,11 +5491,14 @@ Else's use of just 4.5 seconds of an indirect shot of a <citetitle>Simpsons</cit
 episode is clearly a fair use of <citetitle>The Simpsons</citetitle>&mdash;and fair use does
 not require the permission of anyone.
 </para>
 episode is clearly a fair use of <citetitle>The Simpsons</citetitle>&mdash;and fair use does
 not require the permission of anyone.
 </para>

+<indexterm startref='idxfoxfilmcompany2' class='endofrange'/>
+<indexterm startref='idxgroeningmatt2' class='endofrange'/>

 <para>
 <!-- PAGE BREAK 109 -->
 So I asked Else why he didn't just rely upon <quote>fair use.</quote> Here's his reply:
 </para>
 <blockquote>
 <para>
 <!-- PAGE BREAK 109 -->
 So I asked Else why he didn't just rely upon <quote>fair use.</quote> Here's his reply:
 </para>
 <blockquote>

+<indexterm id='idxfairuselegalintimidationtacticsagainst' class='startofrange'><primary>fair use</primary><secondary>legal intimidation tactics against</secondary></indexterm>

 <para>
 The <citetitle>Simpsons</citetitle> fiasco was for me a great lesson in the gulf between what
 lawyers find irrelevant in some abstract sense, and what is crushingly
 <para>
 The <citetitle>Simpsons</citetitle> fiasco was for me a great lesson in the gulf between what
 lawyers find irrelevant in some abstract sense, and what is crushingly


@@ -5082,7 +5508,9 @@ fair use</quote> in an absolute legal sense. But I couldn't rely on the
 concept in any concrete way. Here's why:
 </para>
 <orderedlist numeration="arabic">
 concept in any concrete way. Here's why:
 </para>
 <orderedlist numeration="arabic">

-<listitem><para>
+<listitem>
+<indexterm><primary>Errors and Omissions insurance</primary></indexterm>
+<para>

 <!-- 1. -->
 Before our films can be broadcast, the network requires that we buy
 Errors and Omissions insurance. The carriers require a detailed
 <!-- 1. -->
 Before our films can be broadcast, the network requires that we buy
 Errors and Omissions insurance. The carriers require a detailed


@@ -5090,7 +5518,12 @@ Errors and Omissions insurance. The carriers require a detailed
 shot in the film. They take a dim view of <quote>fair use,</quote> and a claim of
 <quote>fair use</quote> can grind the application process to a halt.
 </para></listitem>
 shot in the film. They take a dim view of <quote>fair use,</quote> and a claim of
 <quote>fair use</quote> can grind the application process to a halt.
 </para></listitem>

-<listitem><para>
+<listitem>
+<indexterm id='idxfoxfilmcompany3' class='startofrange'><primary>Fox (film company)</primary></indexterm>
+<indexterm><primary>Groening, Matt</primary></indexterm>
+<indexterm><primary>Lucas, George</primary></indexterm>
+<indexterm><primary><citetitle>Star Wars</citetitle></primary></indexterm>
+<para>

 <!-- 2. -->
 I probably never should have asked Matt Groening in the first
 place. But I knew (at least from folklore) that Fox had a history of
 <!-- 2. -->
 I probably never should have asked Matt Groening in the first
 place. But I knew (at least from folklore) that Fox had a history of


@@ -5101,7 +5534,6 @@ license to four seconds of <citetitle>Simpsons</citetitle>. As a documentary pro
 to exhaustion on a shoestring, the last thing I wanted was to risk
 legal trouble, even nuisance legal trouble, and even to defend a
 principle.
 to exhaustion on a shoestring, the last thing I wanted was to risk
 legal trouble, even nuisance legal trouble, and even to defend a
 principle.

-<indexterm><primary>Lucas, George</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- 3. -->
 </para></listitem>
 <listitem><para>
 <!-- 3. -->


@@ -5112,7 +5544,9 @@ life,</quote> regardless of the merits of my claim. He made clear that it
 would boil down to who had the bigger legal department and the deeper
 pockets, me or them.
 <!-- PAGE BREAK 110 -->
 would boil down to who had the bigger legal department and the deeper
 pockets, me or them.
 <!-- PAGE BREAK 110 -->

-</para></listitem>
+</para>
+<indexterm startref='idxfoxfilmcompany3' class='endofrange'/>
+</listitem>

 <listitem><para>
 <!-- 4. -->
 The question of fair use usually comes up at the end of the
 <listitem><para>
 <!-- 4. -->
 The question of fair use usually comes up at the end of the


@@ -5121,6 +5555,7 @@ money.
 </para></listitem>
 </orderedlist>
 </blockquote>
 </para></listitem>
 </orderedlist>
 </blockquote>

+<indexterm startref='idxsimpsonsthe' class='endofrange'/>

 <para>
 In theory, fair use means you need no permission. The theory therefore
 supports free culture and insulates against a permission culture.  But
 <para>
 In theory, fair use means you need no permission. The theory therefore
 supports free culture and insulates against a permission culture.  But


@@ -5136,25 +5571,29 @@ publishers' profits against the unfair competition of a pirate. It has
 matured into a sword that interferes with any use, transformative or
 not.
 </para>
 matured into a sword that interferes with any use, transformative or
 not.
 </para>

+<indexterm startref='idxcopyrightlawfairuseand' class='endofrange'/>
+<indexterm startref='idxdocumentaryfilm' class='endofrange'/>
+<indexterm startref='idxelsejon' class='endofrange'/>
+<indexterm startref='idxfairuseindocumentaryfilm' class='endofrange'/>
+<indexterm startref='idxfilmsfairuseofcopyrightedmaterialin' class='endofrange'/>
+<indexterm startref='idxfairuselegalintimidationtacticsagainst' class='endofrange'/>

 <!-- PAGE BREAK 111 -->
 </chapter>
 <chapter label="8" id="transformers">
 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>
 <!-- PAGE BREAK 111 -->
 </chapter>
 <chapter label="8" id="transformers">
 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>

-<indexterm id='idxalbenalex1' class='startofrange'>
-  <primary>Alben, Alex</primary>
-</indexterm>
+<indexterm id='idxalbenalex1' class='startofrange'><primary>Alben, Alex</primary></indexterm>
+<indexterm><primary>Microsoft</primary></indexterm>

 <para>
 <para>

-In 1993, Alex Alben was a lawyer working at Starwave, Inc.  Starwave
-was an innovative company founded by Microsoft cofounder Paul Allen to
-develop digital entertainment. Long before the Internet became
-popular, Starwave began investing in new technology for delivering
-entertainment in anticipation of the power of networks.
+<emphasis role='strong'>In 1993</emphasis>, Alex Alben was a lawyer
+working at Starwave, Inc.  Starwave was an innovative company founded
+by Microsoft cofounder Paul Allen to develop digital
+entertainment. Long before the Internet became popular, Starwave began
+investing in new technology for delivering entertainment in
+anticipation of the power of networks.

 </para>
 </para>

-<indexterm id='idxartistsretrospective' class='startofrange'>
-  <primary>artists</primary>
-  <secondary>retrospective compilations on</secondary>
-</indexterm>
+<indexterm id='idxartistsretrospective' class='startofrange'><primary>artists</primary><secondary>retrospective compilations on</secondary></indexterm>
+<indexterm id='idxcdroms' class='startofrange'><primary>CD-ROMs, film clips used in</primary></indexterm>

 <para>
 Alben had a special interest in new technology. He was intrigued by
 the emerging market for CD-ROM technology&mdash;not to distribute
 <para>
 Alben had a special interest in new technology. He was intrigued by
 the emerging market for CD-ROM technology&mdash;not to distribute


@@ -5202,10 +5641,7 @@ Technically, the rights that Alben had to clear were mainly those of
 publicity&mdash;rights an artist has to control the commercial
 exploitation of his image.  But these rights, too, burden <quote>Rip, Mix,
 Burn</quote> creativity, as this chapter evinces.
 publicity&mdash;rights an artist has to control the commercial
 exploitation of his image.  But these rights, too, burden <quote>Rip, Mix,
 Burn</quote> creativity, as this chapter evinces.

-<indexterm>
-<primary>artists</primary>
-<secondary>publicity rights on images of</secondary>
-</indexterm>
+<indexterm><primary>artists</primary><secondary>publicity rights on images of</secondary></indexterm>

 <indexterm><primary>Alben, Alex</primary></indexterm>
 </para></footnote>
 </para>
 <indexterm><primary>Alben, Alex</primary></indexterm>
 </para></footnote>
 </para>


@@ -5243,6 +5679,7 @@ we put together a team, my assistant and some others, and we just
 started calling people.
 </para>
 </blockquote>
 started calling people.
 </para>
 </blockquote>

+<indexterm><primary>Sutherland, Donald</primary></indexterm>

 <para>
 Some actors were glad to help&mdash;Donald Sutherland, for example,
 followed up himself to be sure that the rights had been cleared.
 <para>
 Some actors were glad to help&mdash;Donald Sutherland, for example,
 followed up himself to be sure that the rights had been cleared.


@@ -5349,6 +5786,7 @@ that the average Web designer would not have. So if it took him a
 year, how long would it take someone else? And how much creativity is
 never made just because the costs of clearing the rights are so high?
 </para>
 year, how long would it take someone else? And how much creativity is
 never made just because the costs of clearing the rights are so high?
 </para>

+<indexterm startref='idxcdroms' class='endofrange'/>

 <indexterm startref='idxartistsretrospective' class='endofrange'/>
 <para>
 These costs are the burdens of a kind of regulation. Put on a
 <indexterm startref='idxartistsretrospective' class='endofrange'/>
 <para>
 These costs are the burdens of a kind of regulation. Put on a


@@ -5412,6 +5850,7 @@ and paste architecture of the Internet created&mdash;in a second you can
 find just about any image you want; in another second, you can have it
 planted in your presentation.
 </para>
 find just about any image you want; in another second, you can have it
 planted in your presentation.
 </para>

+<indexterm><primary>Camp Chaos</primary></indexterm>

 <para>
 But presentations are just a tiny beginning. Using the Internet and
 <!-- PAGE BREAK 117 -->
 <para>
 But presentations are just a tiny beginning. Using the Internet and
 <!-- PAGE BREAK 117 -->


@@ -5422,7 +5861,6 @@ takes images of politicians and blends them with music to create
 biting political commentary. A site called Camp Chaos has produced
 some of the most biting criticism of the record industry that there is
 through the mixing of Flash! and music.
 biting political commentary. A site called Camp Chaos has produced
 some of the most biting criticism of the record industry that there is
 through the mixing of Flash! and music.

-<indexterm><primary>Camp Chaos</primary></indexterm>

 </para>
 <para>
 All of these creations are technically illegal. Even if the creators
 </para>
 <para>
 All of these creations are technically illegal. Even if the creators


@@ -5453,8 +5891,9 @@ which if made, under this plan, would produce new income for artists.
 What reason would anyone have to oppose it?
 </para>
 <para>
 What reason would anyone have to oppose it?
 </para>
 <para>

-In February 2003, DreamWorks studios announced an agreement with Mike
-Myers, the comic genius of <citetitle>Saturday Night Live</citetitle> and
+<emphasis role='strong'>In February 2003</emphasis>, DreamWorks
+studios announced an agreement with Mike Myers, the comic genius of
+<citetitle>Saturday Night Live</citetitle> and

 <!-- PAGE BREAK 118 -->
 Austin Powers. According to the announcement, Myers and Dream-Works
 would work together to form a <quote>unique filmmaking pact.</quote> Under the
 <!-- PAGE BREAK 118 -->
 Austin Powers. According to the announcement, Myers and Dream-Works
 would work together to form a <quote>unique filmmaking pact.</quote> Under the


@@ -5500,18 +5939,20 @@ curse, reserved for the few.
 </chapter>
 <chapter label="9" id="collectors">
 <title>CHAPTER NINE: Collectors</title>
 </chapter>
 <chapter label="9" id="collectors">
 <title>CHAPTER NINE: Collectors</title>

-<indexterm id='idxarchivesdigital1' class='startofrange'>
-  <primary>archives, digital</primary>
-</indexterm>
+<indexterm id='idxarchivesdigital1' class='startofrange'><primary>archives, digital</primary></indexterm>
+<indexterm><primary>bots</primary></indexterm>

 <para>
 <para>

-In April 1996, millions of <quote>bots</quote>&mdash;computer codes designed to
-<quote>spider,</quote> or automatically search the Internet and copy content&mdash;began
-running across the Net. Page by page, these bots copied Internet-based
-information onto a small set of computers located in a basement in San
-Francisco's Presidio. Once the bots finished the whole of the Internet,
-they started again. Over and over again, once every two months, these
-bits of code took copies of the Internet and stored them.
+<emphasis role='strong'>In April 1996</emphasis>, millions of
+<quote>bots</quote>&mdash;computer codes designed to
+<quote>spider,</quote> or automatically search the Internet and copy
+content&mdash;began running across the Net. Page by page, these bots
+copied Internet-based information onto a small set of computers
+located in a basement in San Francisco's Presidio. Once the bots
+finished the whole of the Internet, they started again. Over and over
+again, once every two months, these bits of code took copies of the
+Internet and stored them.

 </para>
 </para>

+<indexterm><primary>Way Back Machine</primary></indexterm>

 <para>
 By October 2001, the bots had collected more than five years of
 copies. And at a small announcement in Berkeley, California, the
 <para>
 By October 2001, the bots had collected more than five years of
 copies. And at a small announcement in Berkeley, California, the


@@ -5520,9 +5961,7 @@ the world. Using a technology called <quote>the Way Back Machine,</quote> you co
 enter a Web page, and see all of its copies going back to 1996, as
 well as when those pages changed.
 </para>
 enter a Web page, and see all of its copies going back to 1996, as
 well as when those pages changed.
 </para>

-<indexterm id='idxorwellgeorge' class='startofrange'>
-  <primary>Orwell, George</primary>
-</indexterm>
+<indexterm id='idxorwellgeorge' class='startofrange'><primary>Orwell, George</primary></indexterm>

 <para>
 This is the thing about the Internet that Orwell would have
 appreciated.  In the dystopia described in <citetitle>1984</citetitle>, old newspapers were
 <para>
 This is the thing about the Internet that Orwell would have
 appreciated.  In the dystopia described in <citetitle>1984</citetitle>, old newspapers were


@@ -5544,6 +5983,7 @@ but the content could easily be different. The Internet is Orwell's
 library&mdash;constantly updated, without any reliable memory.
 </para>
 <indexterm startref='idxorwellgeorge' class='endofrange'/>
 library&mdash;constantly updated, without any reliable memory.
 </para>
 <indexterm startref='idxorwellgeorge' class='endofrange'/>

+<indexterm><primary>Way Back Machine</primary></indexterm>

 <para>
 Until the Way Back Machine, at least. With the Way Back Machine, and
 the Internet Archive underlying it, you can see what the Internet
 <para>
 Until the Way Back Machine, at least. With the Way Back Machine, and
 the Internet Archive underlying it, you can see what the Internet


@@ -5551,6 +5991,8 @@ was. You have the power to see what you remember. More importantly,
 perhaps, you also have the power to find what you don't remember and
 what others might prefer you forget.<footnote><para>
 <!-- f1 -->
 perhaps, you also have the power to find what you don't remember and
 what others might prefer you forget.<footnote><para>
 <!-- f1 -->

+<indexterm><primary>Iraq war</primary></indexterm>
+<indexterm><primary>White House press releases</primary></indexterm>

 The temptations remain, however. Brewster Kahle reports that the White
 House changes its own press releases without notice. A May 13, 2003,
 press release stated, <quote>Combat Operations in Iraq Have Ended.</quote> That was
 The temptations remain, however. Brewster Kahle reports that the White
 House changes its own press releases without notice. A May 13, 2003,
 press release stated, <quote>Combat Operations in Iraq Have Ended.</quote> That was


@@ -5558,16 +6000,17 @@ later changed, without notice, to <quote>Major Combat Operations in Iraq
 Have Ended.</quote>  E-mail from Brewster Kahle, 1 December 2003.
 </para></footnote>
 </para>
 Have Ended.</quote>  E-mail from Brewster Kahle, 1 December 2003.
 </para></footnote>
 </para>

+<indexterm><primary>history, records of</primary></indexterm>

 <para>
 <para>

-We take it for granted that we can go back to see what we remember
-reading. Think about newspapers. If you wanted to study the reaction
-of your hometown newspaper to the race riots in Watts in 1965, or to
-Bull Connor's water cannon in 1963, you could go to your public
-library and look at the newspapers. Those papers probably exist on
-microfiche. If you're lucky, they exist in paper, too. Either way, you
-are free, using a library, to go back and remember&mdash;not just what
-it is convenient to remember, but remember something close to the
-truth.
+<emphasis role='strong'>We take it</emphasis> for granted that we can
+go back to see what we remember reading. Think about newspapers. If
+you wanted to study the reaction of your hometown newspaper to the
+race riots in Watts in 1965, or to Bull Connor's water cannon in 1963,
+you could go to your public library and look at the newspapers. Those
+papers probably exist on microfiche. If you're lucky, they exist in
+paper, too. Either way, you are free, using a library, to go back and
+remember&mdash;not just what it is convenient to remember, but
+remember something close to the truth.

 </para>
 <para>
 It is said that those who fail to remember history are doomed to
 </para>
 <para>
 It is said that those who fail to remember history are doomed to


@@ -5599,6 +6042,12 @@ Internet Archive was just the first of the projects of this Andrew
 Carnegie of the Internet. By December of 2002, the archive had over 10
 billion pages, and it was growing at about a billion pages a month.
 </para>
 Carnegie of the Internet. By December of 2002, the archive had over 10
 billion pages, and it was growing at about a billion pages a month.
 </para>

+<indexterm><primary>Library of Congress</primary></indexterm>
+<indexterm><primary>Television Archive</primary></indexterm>
+<indexterm><primary>Vanderbilt University</primary></indexterm>
+<indexterm><primary>Way Back Machine</primary></indexterm>
+<indexterm><primary>libraries</primary><secondary>archival function of</secondary></indexterm>
+<indexterm id='idxnewscoverage2' class='startofrange'><primary>news coverage</primary></indexterm>

 <para>
 The Way Back Machine is the largest archive of human knowledge in
 human history. At the end of 2002, it held <quote>two hundred and thirty
 <para>
 The Way Back Machine is the largest archive of human knowledge in
 human history. At the end of 2002, it held <quote>two hundred and thirty


@@ -5618,6 +6067,7 @@ just a graduate student?</quote> As Kahle put it,
 </para>
 <blockquote>
 <indexterm><primary>Quayle, Dan</primary></indexterm>
 </para>
 <blockquote>
 <indexterm><primary>Quayle, Dan</primary></indexterm>

+<indexterm><primary>60 Minutes</primary></indexterm>

 <para>
 Do you remember when Dan Quayle was interacting with Murphy Brown?
 Remember that back and forth surreal experience of a politician
 <para>
 Do you remember when Dan Quayle was interacting with Murphy Brown?
 Remember that back and forth surreal experience of a politician


@@ -5630,6 +6080,7 @@ original back and forth exchanges between the two, the
 impossible. &hellip; Those materials are almost unfindable. &hellip;
 </para>
 </blockquote>
 impossible. &hellip; Those materials are almost unfindable. &hellip;
 </para>
 </blockquote>

+<indexterm><primary>newspapers</primary><secondary>archives of</secondary></indexterm>

 <para>
 Why is that? Why is it that the part of our culture that is recorded
 in newspapers remains perpetually accessible, while the part that is
 <para>
 Why is that? Why is it that the part of our culture that is recorded
 in newspapers remains perpetually accessible, while the part that is


@@ -5646,6 +6097,8 @@ of knowledge and to assure that a copy of the work would be around
 once the copyright expired, so that others might access and copy the
 work.
 </para>
 once the copyright expired, so that others might access and copy the
 work.
 </para>

+<indexterm><primary>Library of Congress</primary></indexterm>
+<indexterm><primary>films</primary><secondary>archive of</secondary></indexterm>

 <para>
 These rules applied to film as well. But in 1915, the Library
 of Congress made an exception for film. Film could be copyrighted so
 <para>
 These rules applied to film as well. But in 1915, the Library
 of Congress made an exception for film. Film could be copyrighted so


@@ -5674,6 +6127,7 @@ broadcasters. No library had any right to them; the government didn't
 demand them.  The content of this part of American culture is
 practically invisible to anyone who would look.
 </para>
 demand them.  The content of this part of American culture is
 practically invisible to anyone who would look.
 </para>

+<indexterm><primary>September 11, 2001, terrorist attacks of</primary></indexterm>

 <para>
 Kahle was eager to correct this. Before September 11, 2001, he and
 <!-- PAGE BREAK 123 -->
 <para>
 Kahle was eager to correct this. Before September 11, 2001, he and
 <!-- PAGE BREAK 123 -->


@@ -5686,10 +6140,13 @@ Anyone could see how news reports from around the world covered the
 events of that day.
 </para>
 <indexterm><primary>Movie Archive</primary></indexterm>
 events of that day.
 </para>
 <indexterm><primary>Movie Archive</primary></indexterm>

-<indexterm>
-  <primary>archive.org</primary>
-  <seealso>Internet Archive</seealso>
-</indexterm>
+<indexterm><primary>archive.org</primary><seealso>Internet Archive</seealso></indexterm>
+<indexterm startref='idxnewscoverage2' class='endofrange'/>
+<indexterm><primary>films</primary><secondary>archive of</secondary></indexterm>
+<indexterm><primary>Internet Archive</primary></indexterm>
+<indexterm><primary>Duck and Cover film</primary></indexterm>
+<indexterm><primary>ephemeral films</primary></indexterm>
+<indexterm><primary>Prelinger, Rick</primary></indexterm>

 <para>
 Kahle had the same idea with film. Working with Rick Prelinger, whose
 archive of film includes close to 45,000 <quote>ephemeral films</quote> (meaning
 <para>
 Kahle had the same idea with film. Working with Rick Prelinger, whose
 archive of film includes close to 45,000 <quote>ephemeral films</quote> (meaning


@@ -5745,10 +6202,12 @@ build an archive of knowledge about our history. In this second life,
 the content can continue to inform even if that information is no
 longer sold.
 </para>
 the content can continue to inform even if that information is no
 longer sold.
 </para>

+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 <para>
 The same has always been true about books. A book goes out of print
 very quickly (the average today is after about a year<footnote><para>
 <!-- f3 -->
 <para>
 The same has always been true about books. A book goes out of print
 very quickly (the average today is after about a year<footnote><para>
 <!-- f3 -->

+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 Dave Barns, <quote>Fledgling Career in Antique Books: Woodstock Landlord,
 Bar Owner Starts a New Chapter by Adopting Business,</quote> <citetitle>Chicago Tribune</citetitle>,
 5 September 1997, at Metro Lake 1L. Of books published between 1927
 Dave Barns, <quote>Fledgling Career in Antique Books: Woodstock Landlord,
 Bar Owner Starts a New Chapter by Adopting Business,</quote> <citetitle>Chicago Tribune</citetitle>,
 5 September 1997, at Metro Lake 1L. Of books published between 1927


@@ -5774,12 +6233,12 @@ what a certain limited market demands.  Beyond that, culture
 disappears.
 </para>
 <para>
 disappears.
 </para>
 <para>

-For most of the twentieth century, it was economics that made this
-so. It would have been insanely expensive to collect and make
-accessible all television and film and music: The cost of analog
-copies is extraordinarily high. So even though the law in principle
-would have restricted the ability of a Brewster Kahle to copy culture
-generally, the
+<emphasis role='strong'>For most of</emphasis> the twentieth century,
+it was economics that made this so. It would have been insanely
+expensive to collect and make accessible all television and film and
+music: The cost of analog copies is extraordinarily high. So even
+though the law in principle would have restricted the ability of a
+Brewster Kahle to copy culture generally, the

 <!-- PAGE BREAK 125 -->
 real restriction was economics. The market made it impossibly
 difficult to do anything about this ephemeral culture; the law had
 <!-- PAGE BREAK 125 -->
 real restriction was economics. The market made it impossibly
 difficult to do anything about this ephemeral culture; the law had


@@ -5800,6 +6259,7 @@ we are for the first time at a point where that dream is possible. As
 Kahle describes,
 </para>
 <blockquote>
 Kahle describes,
 </para>
 <blockquote>

+<indexterm><primary>books</primary><secondary>total number of</secondary></indexterm>

 <para>
 It looks like there's about two to three million recordings of music.
 Ever. There are about a hundred thousand theatrical releases of
 <para>
 It looks like there's about two to three million recordings of music.
 Ever. There are about a hundred thousand theatrical releases of


@@ -5814,6 +6274,7 @@ proud of. Up there with the Library of Alexandria, putting a man on
 the moon, and the invention of the printing press.
 </para>
 </blockquote>
 the moon, and the invention of the printing press.
 </para>
 </blockquote>

+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 Kahle is not the only librarian. The Internet Archive is not the only
 archive. But Kahle and the Internet Archive suggest what the future of
 <para>
 Kahle is not the only librarian. The Internet Archive is not the only
 archive. But Kahle and the Internet Archive suggest what the future of


@@ -5842,17 +6303,25 @@ that Kahle and others would exercise.
 </chapter>
 <chapter label="10" id="property-i">
 <title>CHAPTER TEN: <quote>Property</quote></title>
 </chapter>
 <chapter label="10" id="property-i">
 <title>CHAPTER TEN: <quote>Property</quote></title>

-<para>
-Jack Valenti has been the president of the Motion Picture Association
-of America since 1966. He first came to Washington, D.C., with Lyndon
-Johnson's administration&mdash;literally. The famous picture of
-Johnson's swearing-in on Air Force One after the assassination of
-President Kennedy has Valenti in the background. In his almost forty
-years of running the MPAA, Valenti has established himself as perhaps
-the most prominent and effective lobbyist in Washington.

 <indexterm><primary>Johnson, Lyndon</primary></indexterm>
 <indexterm><primary>Kennedy, John F.</primary></indexterm>
 <indexterm><primary>Johnson, Lyndon</primary></indexterm>
 <indexterm><primary>Kennedy, John F.</primary></indexterm>

+<para>
+<emphasis role='strong'>Jack Valenti</emphasis> has been the president
+of the Motion Picture Association of America since 1966. He first came
+to Washington, D.C., with Lyndon Johnson's
+administration&mdash;literally. The famous picture of Johnson's
+swearing-in on Air Force One after the assassination of President
+Kennedy has Valenti in the background. In his almost forty years of
+running the MPAA, Valenti has established himself as perhaps the most
+prominent and effective lobbyist in Washington.

 </para>
 </para>

+<indexterm><primary>Disney, Inc.</primary></indexterm>
+<indexterm><primary>Sony Pictures Entertainment</primary></indexterm>
+<indexterm><primary>MGM</primary></indexterm>
+<indexterm><primary>Paramount Pictures</primary></indexterm>
+<indexterm><primary>Twentieth Century Fox</primary></indexterm>
+<indexterm><primary>Universal Pictures</primary></indexterm>
+<indexterm><primary>Warner Brothers</primary></indexterm>

 <para>
 The MPAA is the American branch of the international Motion Picture
 Association. It was formed in 1922 as a trade association whose goal
 <para>
 The MPAA is the American branch of the international Motion Picture
 Association. It was formed in 1922 as a trade association whose goal


@@ -5864,13 +6333,6 @@ producers and distributors of motion picture and television programs
 in the United States: Walt Disney, Sony Pictures Entertainment, MGM,
 Paramount Pictures, Twentieth Century Fox, Universal Studios, and
 Warner Brothers.
 in the United States: Walt Disney, Sony Pictures Entertainment, MGM,
 Paramount Pictures, Twentieth Century Fox, Universal Studios, and
 Warner Brothers.

-<indexterm><primary>Disney, Inc.</primary></indexterm>
-<indexterm><primary>Sony Pictures Entertainment</primary></indexterm>
-<indexterm><primary>MGM</primary></indexterm>
-<indexterm><primary>Paramount Pictures</primary></indexterm>
-<indexterm><primary>Twentieth Century Fox</primary></indexterm>
-<indexterm><primary>Universal Pictures</primary></indexterm>
-<indexterm><primary>Warner Brothers</primary></indexterm>

 </para>
 <para>
 <!-- PAGE BREAK 128 -->
 </para>
 <para>
 <!-- PAGE BREAK 128 -->


@@ -5989,10 +6451,12 @@ notwithstanding, in assuring that the new can displace them. No
 organization does. No person does. (Ask me about tenure, for example.)
 But what's good for the MPAA is not necessarily good for America. A
 society that defends the ideals of free culture must preserve
 organization does. No person does. (Ask me about tenure, for example.)
 But what's good for the MPAA is not necessarily good for America. A
 society that defends the ideals of free culture must preserve

-precisely the opportunity for new creativity to threaten the old.  To
-get just a hint that there is something fundamentally wrong in
-Valenti's argument, we need look no further than the United States
-Constitution itself.
+precisely the opportunity for new creativity to threaten the old.
+</para>
+<para>
+<emphasis role='strong'>To get</emphasis> just a hint that there is
+something fundamentally wrong in Valenti's argument, we need look no
+further than the United States Constitution itself.

 </para>
 <para>
 The framers of our Constitution loved <quote>property.</quote> Indeed, so strongly
 </para>
 <para>
 The framers of our Constitution loved <quote>property.</quote> Indeed, so strongly


@@ -6029,6 +6493,7 @@ should be accorded the same rights as every other property-right
 owner. He is effectively arguing for a change in our Constitution
 itself.
 </para>
 owner. He is effectively arguing for a change in our Constitution
 itself.
 </para>

+<indexterm id='idxjeffersonthomas' class='startofrange'><primary>Jefferson, Thomas</primary></indexterm>

 <para>
 Arguing for a change in our Constitution is not necessarily wrong.
 There was much in our original Constitution that was plainly wrong.
 <para>
 Arguing for a change in our Constitution is not necessarily wrong.
 There was much in our original Constitution that was plainly wrong.


@@ -6049,6 +6514,8 @@ creative property be given the same rights as all other property? Why
 did they require that for creative property there must be a public
 domain?
 </para>
 did they require that for creative property there must be a public
 domain?
 </para>

+<indexterm startref='idxjeffersonthomas' class='endofrange'/>
+

 <para>
 To answer this question, we need to get some perspective on the
 history of these <quote>creative property</quote> rights, and the control that they
 <para>
 To answer this question, we need to get some perspective on the
 history of these <quote>creative property</quote> rights, and the control that they


@@ -6062,6 +6529,10 @@ ought to be. Not <emphasis>whether</emphasis> artists should be paid,
 but whether institutions designed to assure that artists get paid need
 also control how culture develops.
 </para>
 but whether institutions designed to assure that artists get paid need
 also control how culture develops.
 </para>

+<indexterm id='idxfreeculturefourmodalitiesofconstrainton' class='startofrange'><primary>free culture</primary><secondary>four modalities of constraint on</secondary></indexterm>
+<indexterm id='idxregulationfourmodalitiesof' class='startofrange'><primary>regulation</primary><secondary>four modalities of</secondary></indexterm>
+<indexterm id='idxcopyrightlawasexpostregulationmodality' class='startofrange'><primary>copyright law</primary><secondary>as ex post regulation modality</secondary></indexterm>
+<indexterm id='idxlawasconstraintmodality' class='startofrange'><primary>law</primary><secondary>as constraint modality</secondary></indexterm>

 <para>
 
 <!-- PAGE BREAK 132 -->
 <para>
 
 <!-- PAGE BREAK 132 -->


@@ -6077,6 +6548,7 @@ weaken the right or regulation. I represented it with this diagram:
 <title>How four different modalities of regulation interact to support or weaken the right or regulation.</title>
 <graphic fileref="images/1331.png"></graphic>
 </figure>
 <title>How four different modalities of regulation interact to support or weaken the right or regulation.</title>
 <graphic fileref="images/1331.png"></graphic>
 </figure>

+<indexterm><primary>Madonna</primary></indexterm>

 <para>
 At the center of this picture is a regulated dot: the individual or
 group that is the target of regulation, or the holder of a right. (In
 <para>
 At the center of this picture is a regulated dot: the individual or
 group that is the target of regulation, or the holder of a right. (In


@@ -6106,7 +6578,7 @@ could easily be more harsh than many of the punishments imposed by the
 state. The mark of the difference is not the severity of the rule, but
 the source of the enforcement.
 </para>
 state. The mark of the difference is not the severity of the rule, but
 the source of the enforcement.
 </para>

-<indexterm><primary>market constraints</primary></indexterm>
+<indexterm id='idxmarketconstraints' class='startofrange'><primary>market constraints</primary></indexterm>

 <para>
 The market is a third type of constraint. Its constraint is effected
 through conditions: You can do X if you pay Y; you'll be paid M if you
 <para>
 The market is a third type of constraint. Its constraint is effected
 through conditions: You can do X if you pay Y; you'll be paid M if you


@@ -6133,6 +6605,10 @@ blocks your way, it is the law of gravity that enforces this
 constraint. If a $500 airplane ticket stands between you and a flight
 to New York, it is the market that enforces this constraint.
 </para>
 constraint. If a $500 airplane ticket stands between you and a flight
 to New York, it is the market that enforces this constraint.
 </para>

+<indexterm startref='idxcopyrightlawasexpostregulationmodality' class='endofrange'/>
+<indexterm startref='idxlawasconstraintmodality' class='endofrange'/>
+<indexterm startref='idxmarketconstraints' class='endofrange'/>
+<indexterm id='idxlawasconstraintmodality2' class='startofrange'><primary>law</primary><secondary>as constraint modality</secondary></indexterm>

 <para>
 
 <!-- PAGE BREAK 134 -->
 <para>
 
 <!-- PAGE BREAK 134 -->


@@ -6150,12 +6626,11 @@ be; my claim is not about comprehensiveness), these four are among the
 most significant, and any regulator (whether controlling or freeing)
 must consider how these four in particular interact.
 </para>
 most significant, and any regulator (whether controlling or freeing)
 must consider how these four in particular interact.
 </para>

-<indexterm id="idxdrivespeed" class='startofrange'>
-  <primary>driving speed, constraints on</primary>
-</indexterm>

 <indexterm><primary>architecture, constraint effected through</primary></indexterm>
 <indexterm><primary>market constraints</primary></indexterm>
 <indexterm><primary>norms, regulatory influence of</primary></indexterm>
 <indexterm><primary>architecture, constraint effected through</primary></indexterm>
 <indexterm><primary>market constraints</primary></indexterm>
 <indexterm><primary>norms, regulatory influence of</primary></indexterm>

+<indexterm id='idxdrivingspeedconstraintson' class='startofrange'><primary>driving speed, constraints on</primary></indexterm>
+<indexterm id='idxspeedingconstraintson' class='startofrange'><primary>speeding, constraints on</primary></indexterm>

 <para>
 So, for example, consider the <quote>freedom</quote> to drive a car at a high
 speed. That freedom is in part restricted by laws: speed limits that
 <para>
 So, for example, consider the <quote>freedom</quote> to drive a car at a high
 speed. That freedom is in part restricted by laws: speed limits that


@@ -6196,8 +6671,8 @@ strict&mdash;a federal requirement that states decrease the speed
 limit, for example&mdash;so as to decrease the attractiveness of fast
 driving.
 </para>
 limit, for example&mdash;so as to decrease the attractiveness of fast
 driving.
 </para>

-<indexterm startref="idxdrivespeed" class='endofrange'/>
-
+<indexterm startref='idxdrivingspeedconstraintson' class='endofrange'/>
+<indexterm startref='idxspeedingconstraintson' class='endofrange'/>

 <figure id="fig-1361">
 <title>Law has a special role in affecting the three.</title>
 <graphic fileref="images/1361.png"></graphic>
 <figure id="fig-1361">
 <title>Law has a special role in affecting the three.</title>
 <graphic fileref="images/1361.png"></graphic>


@@ -6247,8 +6722,10 @@ effective liberty that each of these groups might face.
 <indexterm><primary>market constraints</primary></indexterm>
 </para></footnote>
 </para>
 <indexterm><primary>market constraints</primary></indexterm>
 </para></footnote>
 </para>

+<indexterm startref='idxlawasconstraintmodality2' class='endofrange'/>

 <section id="hollywood">
 <title>Why Hollywood Is Right</title>
 <section id="hollywood">
 <title>Why Hollywood Is Right</title>

+<indexterm id='idxcopyrightfourregulatorymodalitieson' class='startofrange'><primary>copyright</primary><secondary>four regulatory modalities on</secondary></indexterm>

 <para>
 The most obvious point that this model reveals is just why, or just
 how, Hollywood is right. The copyright warriors have rallied Congress
 <para>
 The most obvious point that this model reveals is just why, or just
 how, Hollywood is right. The copyright warriors have rallied Congress


@@ -6263,8 +6740,9 @@ Internet:
 <title>Copyright's regulation before the Internet.</title>
 <graphic fileref="images/1331.png"></graphic>
 </figure>
 <title>Copyright's regulation before the Internet.</title>
 <graphic fileref="images/1331.png"></graphic>
 </figure>

-<indexterm><primary>market constraints</primary></indexterm>
-<indexterm><primary>norms, regulatory influence of</primary></indexterm>
+<indexterm id='idxarchitectureconstrainteffectedthrough' class='startofrange'><primary>architecture, constraint effected through</primary></indexterm>
+<indexterm><primary>law</primary><secondary>as constraint modality</secondary></indexterm>
+<indexterm id='idxnormsregulatoryinfluenceof2' class='startofrange'><primary>norms, regulatory influence of</primary></indexterm>

 <para>
 <!-- PAGE BREAK 136 -->
 There is balance between law, norms, market, and architecture. The law
 <para>
 <!-- PAGE BREAK 136 -->
 There is balance between law, norms, market, and architecture. The law


@@ -6278,6 +6756,10 @@ uses of copyrighted material may well be infringement, but the norms
 of our society (before the Internet, at least) had no problem with
 this form of infringement.
 </para>
 of our society (before the Internet, at least) had no problem with
 this form of infringement.
 </para>

+<indexterm id='idxinternetcopyrightregulatorybalancelostwith' class='startofrange'><primary>Internet</primary><secondary>copyright regulatory balance lost with</secondary></indexterm>
+<indexterm><primary>peer-to-peer (p2p) file sharing</primary><secondary>regulatory balance lost in</secondary></indexterm>
+<indexterm><primary>market constraints</primary></indexterm>
+<indexterm><primary>MP3s</primary></indexterm>

 <para>
 Enter the Internet, or, more precisely, technologies such as MP3s and
 p2p sharing. Now the constraint of architecture changes dramatically,
 <para>
 Enter the Internet, or, more precisely, technologies such as MP3s and
 p2p sharing. Now the constraint of architecture changes dramatically,


@@ -6286,6 +6768,9 @@ architecture relax the regulation of copyright, norms pile on. The
 happy balance (for the warriors, at least) of life before the Internet
 becomes an effective state of anarchy after the Internet.
 </para>
 happy balance (for the warriors, at least) of life before the Internet
 becomes an effective state of anarchy after the Internet.
 </para>

+<indexterm startref='idxarchitectureconstrainteffectedthrough' class='endofrange'/>
+<indexterm startref='idxnormsregulatoryinfluenceof2' class='endofrange'/>
+<indexterm><primary>technology</primary><secondary>established industries threatened by changes in</secondary></indexterm>

 <para>
 Thus the sense of, and justification for, the warriors' response.
 Technology has changed, the warriors say, and the effect of this
 <para>
 Thus the sense of, and justification for, the warriors' response.
 Technology has changed, the warriors say, and the effect of this


@@ -6300,6 +6785,8 @@ looting that results.
 <title>effective state of anarchy after the Internet.</title>
 <graphic fileref="images/1381.png"></graphic>
 </figure>
 <title>effective state of anarchy after the Internet.</title>
 <graphic fileref="images/1381.png"></graphic>
 </figure>

+<indexterm><primary>Commerce, U.S. Department of</primary></indexterm>
+<indexterm id='idxregulationasestablishmentprotectionism' class='startofrange'><primary>regulation</primary><secondary>as establishment protectionism</secondary></indexterm>

 <para>
 Neither this analysis nor the conclusions that follow are new to the
 warriors. Indeed, in a <quote>White Paper</quote> prepared by the Commerce
 <para>
 Neither this analysis nor the conclusions that follow are new to the
 warriors. Indeed, in a <quote>White Paper</quote> prepared by the Commerce


@@ -6312,6 +6799,10 @@ innovative marketing techniques, (3) technologists should push to
 develop code to protect copyrighted material, and (4) educators should
 educate kids to better protect copyright.
 </para>
 develop code to protect copyrighted material, and (4) educators should
 educate kids to better protect copyright.
 </para>

+<indexterm startref='idxfreeculturefourmodalitiesofconstrainton' class='endofrange'/>
+<indexterm startref='idxregulationfourmodalitiesof' class='endofrange'/>
+<indexterm><primary>farming</primary></indexterm>
+<indexterm><primary>steel industry</primary></indexterm>

 <para>
 This mixed strategy is just what copyright needed&mdash;if it was to
 preserve the particular balance that existed before the change induced
 <para>
 This mixed strategy is just what copyright needed&mdash;if it was to
 preserve the particular balance that existed before the change induced


@@ -6329,6 +6820,9 @@ to bail them out when a virus (architecture) devastates their
 crop. Unions have no hesitation appealing to the government to bail
 them out when imports (market) wipe out the U.S. steel industry.
 </para>
 crop. Unions have no hesitation appealing to the government to bail
 them out when imports (market) wipe out the U.S. steel industry.
 </para>

+<indexterm startref='idxcopyrightfourregulatorymodalitieson' class='endofrange'/>
+<indexterm startref='idxinternetcopyrightregulatorybalancelostwith' class='endofrange'/>
+<indexterm><primary>Brown, John Seely</primary></indexterm>

 <para>
 Thus, there's nothing wrong or surprising in the content industry's
 campaign to protect itself from the harmful consequences of a
 <para>
 Thus, there's nothing wrong or surprising in the content industry's
 campaign to protect itself from the harmful consequences of a


@@ -6337,8 +6831,14 @@ the changing technology of the Internet has not had a profound effect
 on the content industry's way of doing business, or as John Seely
 Brown describes it, its <quote>architecture of revenue.</quote>
 </para>
 on the content industry's way of doing business, or as John Seely
 Brown describes it, its <quote>architecture of revenue.</quote>
 </para>

-<indexterm><primary>railroad industry</primary></indexterm>

 <indexterm><primary>advertising</primary></indexterm>
 <indexterm><primary>advertising</primary></indexterm>

+<indexterm><primary>television</primary><secondary>advertising on</secondary></indexterm>
+<indexterm><primary>commercials</primary></indexterm>
+<indexterm><primary>camera technology</primary></indexterm>
+<indexterm><primary>digital cameras</primary></indexterm>
+<indexterm><primary>Kodak cameras</primary></indexterm>
+<indexterm><primary>railroad industry</primary></indexterm>
+<indexterm><primary>remote channel changers</primary></indexterm>

 <para>
 But just because a particular interest asks for government support, it
 doesn't follow that support should be granted. And just because
 <para>
 But just because a particular interest asks for government support, it
 doesn't follow that support should be granted. And just because


@@ -6369,6 +6869,13 @@ market. But does anyone believe we should regulate remotes to
 reinforce commercial television?  (Maybe by limiting them to function
 only once a second, or to switch to only ten channels within an hour?)
 </para>
 reinforce commercial television?  (Maybe by limiting them to function
 only once a second, or to switch to only ten channels within an hour?)
 </para>

+<indexterm id='idxfreemarkettechnologicalchangesin' class='startofrange'><primary>free market, technological changes in</primary></indexterm>
+<indexterm><primary>Brezhnev, Leonid</primary></indexterm>
+<indexterm><primary>FM radio</primary></indexterm>
+<indexterm><primary>radio</primary><secondary>FM spectrum of</secondary></indexterm>
+<indexterm><primary>Gates, Bill</primary></indexterm>
+<indexterm><primary>market competition</primary></indexterm>
+<indexterm><primary>RCA</primary></indexterm>

 <para>
 The obvious answer to these obviously rhetorical questions is no.
 In a free society, with a free market, supported by free enterprise and
 <para>
 The obvious answer to these obviously rhetorical questions is no.
 In a free society, with a free market, supported by free enterprise and


@@ -6389,7 +6896,6 @@ not only the market but also the government is a world in which
 competitors with new ideas will not succeed. It is a world of stasis and
 increasingly concentrated stagnation. It is the Soviet Union under
 Brezhnev.
 competitors with new ideas will not succeed. It is a world of stasis and
 increasingly concentrated stagnation. It is the Soviet Union under
 Brezhnev.

-<indexterm><primary>Gates, Bill</primary></indexterm>

 </para>
 <para>
 Thus, while it is understandable for industries threatened with new
 </para>
 <para>
 Thus, while it is understandable for industries threatened with new


@@ -6401,6 +6907,9 @@ changes they create, in response to the request of those hurt by
 changing technology, are changes that preserve the incentives and
 opportunities for innovation and change.
 </para>
 changing technology, are changes that preserve the incentives and
 opportunities for innovation and change.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>
+<indexterm><primary>speech, freedom of</primary><secondary>constitutional guarantee of</secondary></indexterm>

 <para>
 In the context of laws regulating speech&mdash;which include,
 obviously, copyright law&mdash;that duty is even stronger. When the
 <para>
 In the context of laws regulating speech&mdash;which include,
 obviously, copyright law&mdash;that duty is even stronger. When the


@@ -6415,6 +6924,8 @@ Congress is being asked to pass laws that would <quote>abridge</quote> the freed
 of speech, it should ask&mdash; carefully&mdash;whether such
 regulation is justified.
 </para>
 of speech, it should ask&mdash; carefully&mdash;whether such
 regulation is justified.
 </para>

+<indexterm startref='idxregulationasestablishmentprotectionism' class='endofrange'/>
+<indexterm startref='idxfreemarkettechnologicalchangesin' class='endofrange'/>

 <para>
 My argument just now, however, has nothing to do with whether
 <!-- PAGE BREAK 140 -->
 <para>
 My argument just now, however, has nothing to do with whether
 <!-- PAGE BREAK 140 -->


@@ -6427,16 +6938,16 @@ effect of the changes the content industry wants.
 <para>
 Here's the metaphor that will capture the argument to follow.
 </para>
 <para>
 Here's the metaphor that will capture the argument to follow.
 </para>

-<indexterm id="idxddt" class='startofrange'>
-  <primary>DDT</primary>
-</indexterm>
+<indexterm id='idxmllerpaulhermann' class='startofrange'><primary>Müller, Paul Hermann</primary></indexterm>
+<indexterm id='idxddt' class='startofrange'><primary>DDT</primary></indexterm>
+<indexterm id='idxinsecticideenvironmentalconsequencesof' class='startofrange'><primary>insecticide, environmental consequences of</primary></indexterm>
+<indexterm id='idxfarming' class='startofrange'><primary>farming</primary></indexterm>

 <para>
 In 1873, the chemical DDT was first synthesized. In 1948, Swiss
 chemist Paul Hermann Müller won the Nobel Prize for his work
 demonstrating the insecticidal properties of DDT. By the 1950s, the
 insecticide was widely used around the world to kill disease-carrying
 pests. It was also used to increase farm production.
 <para>
 In 1873, the chemical DDT was first synthesized. In 1948, Swiss
 chemist Paul Hermann Müller won the Nobel Prize for his work
 demonstrating the insecticidal properties of DDT. By the 1950s, the
 insecticide was widely used around the world to kill disease-carrying
 pests. It was also used to increase farm production.

-<indexterm><primary>Müller, Paul Hermann</primary></indexterm>

 </para>
 <para>
 No one doubts that killing disease-carrying pests or increasing crop
 </para>
 <para>
 No one doubts that killing disease-carrying pests or increasing crop


@@ -6444,13 +6955,13 @@ production is a good thing. No one doubts that the work of Müller was
 important and valuable and probably saved lives, possibly millions.
 </para>
 <indexterm><primary>Carson, Rachel</primary></indexterm>
 important and valuable and probably saved lives, possibly millions.
 </para>
 <indexterm><primary>Carson, Rachel</primary></indexterm>

+<indexterm><primary>Silent Spring (Carson)</primary></indexterm>
+<indexterm id='idxenvironmentalism' class='startofrange'><primary>environmentalism</primary></indexterm>

 <para>
 But in 1962, Rachel Carson published <citetitle>Silent Spring</citetitle>, which argued that
 DDT, whatever its primary benefits, was also having unintended
 environmental consequences. Birds were losing the ability to
 reproduce.  Whole chains of the ecology were being destroyed.
 <para>
 But in 1962, Rachel Carson published <citetitle>Silent Spring</citetitle>, which argued that
 DDT, whatever its primary benefits, was also having unintended
 environmental consequences. Birds were losing the ability to
 reproduce.  Whole chains of the ecology were being destroyed.

-<indexterm><primary>Carson, Rachel</primary></indexterm>
-<indexterm><primary>Silent Sprint (Carson)</primary></indexterm>

 </para>
 <para>
 No one set out to destroy the environment. Paul Müller certainly did
 </para>
 <para>
 No one set out to destroy the environment. Paul Müller certainly did


@@ -6461,6 +6972,9 @@ problems DDT caused were worse than the problems it solved, at least
 when considering the other, more environmentally friendly ways to
 solve the problems that DDT was meant to solve.
 </para>
 when considering the other, more environmentally friendly ways to
 solve the problems that DDT was meant to solve.
 </para>

+<indexterm startref='idxmllerpaulhermann' class='endofrange'/>
+<indexterm><primary>Boyle, James</primary></indexterm>
+<indexterm id='idxcopyrightlawinnovativefreedombalancedwithfaircompensationin2' class='startofrange'><primary>copyright law</primary><secondary>innovative freedom balanced with fair compensation in</secondary></indexterm>

 <para>
 It is to this image precisely that Duke University law professor James
 Boyle appeals when he argues that we need an <quote>environmentalism</quote> for
 <para>
 It is to this image precisely that Duke University law professor James
 Boyle appeals when he argues that we need an <quote>environmentalism</quote> for


@@ -6482,6 +6996,7 @@ protecting copyright not an endorsement of anarchy or an attack on
 authors.  It is an environment of creativity that we seek, and we
 should be aware of our actions' effects on the environment.
 </para>
 authors.  It is an environment of creativity that we seek, and we
 should be aware of our actions' effects on the environment.
 </para>

+<indexterm startref='idxfarming' class='endofrange'/>

 <para>
 My argument, in the balance of this chapter, tries to map exactly
 this effect. No doubt the technology of the Internet has had a dramatic
 <para>
 My argument, in the balance of this chapter, tries to map exactly
 this effect. No doubt the technology of the Internet has had a dramatic


@@ -6493,21 +7008,33 @@ not be only that copyrighted work is effectively protected. Also, and
 generally missed, the net effect of this massive increase in protection
 will be devastating to the environment for creativity.
 </para>
 generally missed, the net effect of this massive increase in protection
 will be devastating to the environment for creativity.
 </para>

+<indexterm startref='idxcopyrightlawinnovativefreedombalancedwithfaircompensationin2' class='endofrange'/>

 <para>
 In a line: To kill a gnat, we are spraying DDT with consequences
 for free culture that will be far more devastating than that this gnat will
 be lost.
 </para>
 <para>
 In a line: To kill a gnat, we are spraying DDT with consequences
 for free culture that will be far more devastating than that this gnat will
 be lost.
 </para>

-<indexterm startref="idxddt" class='endofrange'/>
+<indexterm startref='idxddt' class='endofrange'/>
+<indexterm startref='idxinsecticideenvironmentalconsequencesof' class='endofrange'/>
+<indexterm startref='idxenvironmentalism' class='endofrange'/>

 </section>
 <section id="beginnings">
 <title>Beginnings</title>
 </section>
 <section id="beginnings">
 <title>Beginnings</title>

+<indexterm><primary>Constitution, U.S.</primary><secondary>on creative property</secondary></indexterm>
+<indexterm id='idxconstitutionuscopyrightpurposeestablishedin' class='startofrange'><primary>Constitution, U.S.</primary><secondary>copyright purpose established in</secondary></indexterm>
+<indexterm id='idxconstitutionusprogressclauseof' class='startofrange'><primary>Constitution, U.S.</primary><secondary>Progress Clause of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>constitutional purpose of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcreativepropertyconstitutionaltraditionon2' class='startofrange'><primary>creative property</primary><secondary>constitutional tradition on</secondary></indexterm>
+<indexterm id='idxprogressclause' class='startofrange'><primary>Progress Clause</primary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>

 <para>
 America copied English copyright law. Actually, we copied and improved
 English copyright law. Our Constitution makes the purpose of <quote>creative
 property</quote> rights clear; its express limitations reinforce the English
 aim to avoid overly powerful publishers.
 </para>
 <para>
 America copied English copyright law. Actually, we copied and improved
 English copyright law. Our Constitution makes the purpose of <quote>creative
 property</quote> rights clear; its express limitations reinforce the English
 aim to avoid overly powerful publishers.
 </para>

+<indexterm id='idxcongressusinconstitutionalprogressclause' class='startofrange'><primary>Congress, U.S.</primary><secondary>in constitutional Progress Clause</secondary></indexterm>

 <para>
 The power to establish <quote>creative property</quote> rights is granted to
 Congress in a way that, for our Constitution, at least, is very
 <para>
 The power to establish <quote>creative property</quote> rights is granted to
 Congress in a way that, for our Constitution, at least, is very


@@ -6526,6 +7053,9 @@ does not say. It does not say Congress has the power to grant
 purpose, and its purpose is a public one, not the purpose of enriching
 publishers, nor even primarily the purpose of rewarding authors.
 </para>
 purpose, and its purpose is a public one, not the purpose of enriching
 publishers, nor even primarily the purpose of rewarding authors.
 </para>

+<indexterm startref='idxcongressusinconstitutionalprogressclause' class='endofrange'/>
+<indexterm id='idxcopyrightlawasprotectionofcreators' class='startofrange'><primary>copyright law</primary><secondary>as protection of creators</secondary></indexterm>
+<indexterm id='idxcopyrightlawhistoryofamerican' class='startofrange'><primary>copyright law</primary><secondary>history of American</secondary></indexterm>

 <para>
 The Progress Clause expressly limits the term of copyrights. As we saw
 in chapter <xref xrefstyle="select: labelnumber" linkend="founders"/>,
 <para>
 The Progress Clause expressly limits the term of copyrights. As we saw
 in chapter <xref xrefstyle="select: labelnumber" linkend="founders"/>,


@@ -6536,6 +7066,9 @@ followed the English for a similar purpose. Indeed, unlike the
 English, the framers reinforced that objective, by requiring that
 copyrights extend <quote>to Authors</quote> only.
 </para>
 English, the framers reinforced that objective, by requiring that
 copyrights extend <quote>to Authors</quote> only.
 </para>

+<indexterm><primary>Senate, U.S.</primary></indexterm>
+<indexterm><primary>Constitution, U.S.</primary><secondary>structural checks and balances of</secondary></indexterm>
+<indexterm><primary>electoral college</primary></indexterm>

 <para>
 The design of the Progress Clause reflects something about the
 Constitution's design in general. To avoid a problem, the framers
 <para>
 The design of the Progress Clause reflects something about the
 Constitution's design in general. To avoid a problem, the framers


@@ -6551,6 +7084,8 @@ case, a <emphasis>structure</emphasis> built checks and balances into
 the constitutional frame, structured to prevent otherwise inevitable
 concentrations of power.
 </para>
 the constitutional frame, structured to prevent otherwise inevitable
 concentrations of power.
 </para>

+<indexterm startref='idxconstitutionusprogressclauseof' class='endofrange'/>
+<indexterm startref='idxprogressclause' class='endofrange'/>

 <para>
 I doubt the framers would recognize the regulation we call <quote>copyright</quote>
 today. The scope of that regulation is far beyond anything they ever
 <para>
 I doubt the framers would recognize the regulation we call <quote>copyright</quote>
 today. The scope of that regulation is far beyond anything they ever


@@ -6558,6 +7093,10 @@ considered. To begin to understand what they did, we need to put our
 <quote>copyright</quote> in context: We need to see how it has changed in the 210
 years since they first struck its design.
 </para>
 <quote>copyright</quote> in context: We need to see how it has changed in the 210
 years since they first struck its design.
 </para>

+<indexterm startref='idxconstitutionuscopyrightpurposeestablishedin' class='endofrange'/>
+<indexterm startref='idxcreativepropertyconstitutionaltraditionon2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawasprotectionofcreators' class='endofrange'/>
+<indexterm><primary>copyright</primary><secondary>four regulatory modalities on</secondary></indexterm>

 <para>
 Some of these changes come from the law: some in light of changes
 in technology, and some in light of changes in technology given a
 <para>
 Some of these changes come from the law: some in light of changes
 in technology, and some in light of changes in technology given a


@@ -6583,6 +7122,11 @@ Let me explain how.
 </section>
 <section id="lawduration">
 <title>Law: Duration</title>
 </section>
 <section id="lawduration">
 <title>Law: Duration</title>

+<indexterm id='idxcopyrightdurationof4' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcongressusoncopyrightlaws5' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcopyrightact' class='startofrange'><primary>Copyright Act (1790)</primary></indexterm>
+<indexterm><primary>creative property</primary><secondary>common law protections of</secondary></indexterm>
+<indexterm id='idxpublicdomainbalanceofuscontentin' class='startofrange'><primary>public domain</primary><secondary>balance of U.S. content in</secondary></indexterm>

 <para>
 When the first Congress enacted laws to protect creative property, it
 faced the same uncertainty about the status of creative property that
 <para>
 When the first Congress enacted laws to protect creative property, it
 faced the same uncertainty about the status of creative property that


@@ -6607,6 +7151,8 @@ States was controlled or free. Just as in England, this lingering
 uncertainty would make it hard for publishers to rely upon a public
 domain to reprint and distribute works.
 </para>
 uncertainty would make it hard for publishers to rely upon a public
 domain to reprint and distribute works.
 </para>

+<indexterm><primary>Statute of Anne (1710)</primary></indexterm>
+<indexterm id='idxlawfederalvsstate' class='startofrange'><primary>law</primary><secondary>federal vs. state</secondary></indexterm>

 <para>
 That uncertainty ended after Congress passed legislation granting
 copyrights. Because federal law overrides any contrary state law,
 <para>
 That uncertainty ended after Congress passed legislation granting
 copyrights. Because federal law overrides any contrary state law,


@@ -6615,6 +7161,7 @@ protections.  Just as in England the Statute of Anne eventually meant
 that the copyrights for all English works expired, a federal statute
 meant that any state copyrights expired as well.
 </para>
 that the copyrights for all English works expired, a federal statute
 meant that any state copyrights expired as well.
 </para>

+<indexterm id='idxcopyrightrenewabilityof' class='startofrange'><primary>copyright</primary><secondary>renewability of</secondary></indexterm>

 <para>
 In 1790, Congress enacted the first copyright law. It created a
 federal copyright and secured that copyright for fourteen years. If
 <para>
 In 1790, Congress enacted the first copyright law. It created a
 federal copyright and secured that copyright for fourteen years. If


@@ -6622,6 +7169,7 @@ the author was alive at the end of that fourteen years, then he could
 opt to renew the copyright for another fourteen years. If he did not
 renew the copyright, his work passed into the public domain.
 </para>
 opt to renew the copyright for another fourteen years. If he did not
 renew the copyright, his work passed into the public domain.
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws5' class='endofrange'/>

 <para>
 While there were many works created in the United States in the first
 ten years of the Republic, only 5 percent of the works were actually
 <para>
 While there were many works created in the United States in the first
 ten years of the Republic, only 5 percent of the works were actually


@@ -6646,6 +7194,8 @@ copyright was short. The initial term of copyright was fourteen years,
 with the option of renewal for an additional fourteen years. Copyright
 Act of May 31, 1790, §1, 1 stat. 124.  </para></footnote>
 </para>
 with the option of renewal for an additional fourteen years. Copyright
 Act of May 31, 1790, §1, 1 stat. 124.  </para></footnote>
 </para>

+<indexterm startref='idxcopyrightact' class='endofrange'/>
+<indexterm startref='idxlawfederalvsstate' class='endofrange'/>

 <para>
 This system of renewal was a crucial part of the American system
 of copyright. It assured that the maximum terms of copyright would be
 <para>
 This system of renewal was a crucial part of the American system
 of copyright. It assured that the maximum terms of copyright would be


@@ -6672,6 +7222,9 @@ M. Landes and Richard A.  Posner, <quote>Indefinitely Renewable Copyright,</quot
 <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, 498&ndash;501, and
 accompanying figures.  </para></footnote>
 </para>
 <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, 498&ndash;501, and
 accompanying figures.  </para></footnote>
 </para>

+<indexterm startref='idxpublicdomainbalanceofuscontentin' class='endofrange'/>
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>
+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 <para>
 Even today, this structure would make sense. Most creative work
 has an actual commercial life of just a couple of years. Most books fall
 <para>
 Even today, this structure would make sense. Most creative work
 has an actual commercial life of just a couple of years. Most books fall


@@ -6684,6 +7237,9 @@ copyright. The only practical commercial use of the books at that time
 is to sell the books as used books; that use&mdash;because it does not
 involve publication&mdash;is effectively free.
 </para>
 is to sell the books as used books; that use&mdash;because it does not
 involve publication&mdash;is effectively free.
 </para>

+<indexterm id='idxcongressusoncopyrightlaws6' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressuscopyrighttermsextendedby' class='startofrange'><primary>Congress, U.S.</primary><secondary>copyright terms extended by</secondary></indexterm>
+<indexterm id='idxcopyrightlawtermextensionsin' class='startofrange'><primary>copyright law</primary><secondary>term extensions in</secondary></indexterm>

 <para>
 In the first hundred years of the Republic, the term of copyright was
 changed once. In 1831, the term was increased from a maximum of 28
 <para>
 In the first hundred years of the Republic, the term of copyright was
 changed once. In 1831, the term was increased from a maximum of 28


@@ -6692,6 +7248,8 @@ from 14 years to 28 years. In the next fifty years of the Republic,
 the term increased once again. In 1909, Congress extended the renewal
 term of 14 years to 28 years, setting a maximum term of 56 years.
 </para>
 the term increased once again. In 1909, Congress extended the renewal
 term of 14 years to 28 years, setting a maximum term of 56 years.
 </para>

+<indexterm id='idxsonnybonocopyrighttermextensionactctea' class='startofrange'><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>
+<indexterm id='idxpublicdomainfuturepatentsvsfuturecopyrightsin' class='startofrange'><primary>public domain</primary><secondary>future patents vs. future copyrights in</secondary></indexterm>

 <para>
 Then, beginning in 1962, Congress started a practice that has defined
 copyright law since. Eleven times in the last forty years, Congress
 <para>
 Then, beginning in 1962, Congress started a practice that has defined
 copyright law since. Eleven times in the last forty years, Congress


@@ -6702,6 +7260,7 @@ In 1976, Congress extended all existing copyrights by nineteen years.
 And in 1998, in the Sonny Bono Copyright Term Extension Act, Congress
 extended the term of existing and future copyrights by twenty years.
 </para>
 And in 1998, in the Sonny Bono Copyright Term Extension Act, Congress
 extended the term of existing and future copyrights by twenty years.
 </para>

+<indexterm><primary>patents</primary><secondary>in public domain</secondary></indexterm>

 <para>
 The effect of these extensions is simply to toll, or delay, the passing
 of works into the public domain. This latest extension means that the
 <para>
 The effect of these extensions is simply to toll, or delay, the passing
 of works into the public domain. This latest extension means that the


@@ -6713,6 +7272,7 @@ after the Sonny Bono Act, while one million patents will pass into the
 public domain, zero copyrights will pass into the public domain by virtue
 of the expiration of a copyright term.
 </para>
 public domain, zero copyrights will pass into the public domain by virtue
 of the expiration of a copyright term.
 </para>

+<indexterm startref='idxsonnybonocopyrighttermextensionactctea' class='endofrange'/>

 <para>
 The effect of these extensions has been exacerbated by another,
 little-noticed change in the copyright law. Remember I said that the
 <para>
 The effect of these extensions has been exacerbated by another,
 little-noticed change in the copyright law. Remember I said that the


@@ -6723,6 +7283,9 @@ would pass more quickly into the public domain. The works remaining
 under protection would be those that had some continuing commercial
 value.
 </para>
 under protection would be those that had some continuing commercial
 value.
 </para>

+<indexterm><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>
+<indexterm><primary>copyright</primary><secondary>of natural authors vs. corporations</secondary></indexterm>
+<indexterm><primary>corporations</primary><secondary>copyright terms for</secondary></indexterm>

 <para>
 The United States abandoned this sensible system in 1976. For
 all works created after 1978, there was only one copyright term&mdash;the
 <para>
 The United States abandoned this sensible system in 1976. For
 all works created after 1978, there was only one copyright term&mdash;the


@@ -6742,6 +7305,8 @@ is orphaned by these changes in copyright law. Despite the requirement
 that terms be <quote>limited,</quote> we have no evidence that anything will limit
 them.
 </para>
 that terms be <quote>limited,</quote> we have no evidence that anything will limit
 them.
 </para>

+<indexterm startref='idxcopyrightlawhistoryofamerican' class='endofrange'/>
+<indexterm startref='idxpublicdomainfuturepatentsvsfuturecopyrightsin' class='endofrange'/>

 <para>
 The effect of these changes on the average duration of copyright is
 dramatic. In 1973, more than 85 percent of copyright owners failed to
 <para>
 The effect of these changes on the average duration of copyright is
 dramatic. In 1973, more than 85 percent of copyright owners failed to


@@ -6757,16 +7322,24 @@ more than thirty-two years, and averaged thirty years. See Landes and
 Posner, <quote>Indefinitely Renewable Copyright,</quote> loc. cit.
 </para></footnote>
 </para>
 Posner, <quote>Indefinitely Renewable Copyright,</quote> loc. cit.
 </para></footnote>
 </para>

+<indexterm startref='idxcopyrightdurationof4' class='endofrange'/>
+<indexterm startref='idxcopyrightrenewabilityof' class='endofrange'/>
+<indexterm startref='idxcongressusoncopyrightlaws6' class='endofrange'/>
+<indexterm startref='idxcongressuscopyrighttermsextendedby' class='endofrange'/>
+<indexterm startref='idxcopyrightlawtermextensionsin' class='endofrange'/>

 <!-- PAGE BREAK 147 -->
 </section>
 <section id="lawscope">
 <title>Law: Scope</title>
 <!-- PAGE BREAK 147 -->
 </section>
 <section id="lawscope">
 <title>Law: Scope</title>

+<indexterm id='idxcopyrightscopeof' class='startofrange'><primary>copyright</primary><secondary>scope of</secondary></indexterm>

 <para>
 The <quote>scope</quote> of a copyright is the range of rights granted by the law.
 The scope of American copyright has changed dramatically. Those
 changes are not necessarily bad. But we should understand the extent
 of the changes if we're to keep this debate in context.
 </para>
 <para>
 The <quote>scope</quote> of a copyright is the range of rights granted by the law.
 The scope of American copyright has changed dramatically. Those
 changes are not necessarily bad. But we should understand the extent
 of the changes if we're to keep this debate in context.
 </para>

+<indexterm><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxderivativeworkshistoricalshiftincopyrightcoverageof' class='startofrange'><primary>derivative works</primary><secondary>historical shift in copyright coverage of</secondary></indexterm>

 <para>
 In 1790, that scope was very narrow. Copyright covered only <quote>maps,
 charts, and books.</quote> That means it didn't cover, for example, music or
 <para>
 In 1790, that scope was very narrow. Copyright covered only <quote>maps,
 charts, and books.</quote> That means it didn't cover, for example, music or


@@ -6795,6 +7368,9 @@ way, the right covers more creative work, protects the creative work
 more broadly, and protects works that are based in a significant way
 on the initial creative work.
 </para>
 more broadly, and protects works that are based in a significant way
 on the initial creative work.
 </para>

+<indexterm id='idxcopyrightmarkingof' class='startofrange'><primary>copyright</primary><secondary>marking of</secondary></indexterm>
+<indexterm id='idxformalities' class='startofrange'><primary>formalities</primary></indexterm>
+<indexterm id='idxcopyrightlawregistrationrequirementof' class='startofrange'><primary>copyright law</primary><secondary>registration requirement of</secondary></indexterm>

 <para>
 At the same time that the scope of copyright has expanded, procedural
 limitations on the right have been relaxed. I've already described the
 <para>
 At the same time that the scope of copyright has expanded, procedural
 limitations on the right have been relaxed. I've already described the


@@ -6809,6 +7385,7 @@ of the history of American copyright law, there was a requirement that
 works be deposited with the government before a copyright could be
 secured.
 </para>
 works be deposited with the government before a copyright could be
 secured.
 </para>

+<indexterm startref='idxderivativeworkshistoricalshiftincopyrightcoverageof' class='endofrange'/>

 <para>
 The reason for the registration requirement was the sensible
 understanding that for most works, no copyright was required. Again,
 <para>
 The reason for the registration requirement was the sensible
 understanding that for most works, no copyright was required. Again,


@@ -6823,6 +7400,7 @@ that after the copyright expired, there would be a copy of the work
 somewhere so that it could be copied by others without locating the
 original author.
 </para>
 somewhere so that it could be copied by others without locating the
 original author.
 </para>

+<indexterm><primary>copyright law</primary><secondary>European</secondary></indexterm>

 <para>
 All of these <quote>formalities</quote> were abolished in the American system when
 we decided to follow European copyright law. There is no requirement
 <para>
 All of these <quote>formalities</quote> were abolished in the American system when
 we decided to follow European copyright law. There is no requirement


@@ -6831,10 +7409,14 @@ automatic; the copyright exists whether or not you mark your work with
 a &copy;; and the copyright exists whether or not you actually make a
 copy available for others to copy.
 </para>
 a &copy;; and the copyright exists whether or not you actually make a
 copy available for others to copy.
 </para>

+<indexterm startref='idxcopyrightmarkingof' class='endofrange'/>
+<indexterm startref='idxformalities' class='endofrange'/>
+<indexterm startref='idxcopyrightlawregistrationrequirementof' class='endofrange'/>

 <para>
 Consider a practical example to understand the scope of these
 differences.
 </para>
 <para>
 Consider a practical example to understand the scope of these
 differences.
 </para>

+<indexterm id='idxcopyrightact2' class='startofrange'><primary>Copyright Act (1790)</primary></indexterm>

 <para>
 If, in 1790, you wrote a book and you were one of the 5 percent who
 actually copyrighted that book, then the copyright law protected you
 <para>
 If, in 1790, you wrote a book and you were one of the 5 percent who
 actually copyrighted that book, then the copyright law protected you


@@ -6853,6 +7435,9 @@ The Copyright Act was thus a tiny
 regulation of a tiny proportion of a tiny part of the creative market in
 the United States&mdash;publishers.
 </para>
 regulation of a tiny proportion of a tiny part of the creative market in
 the United States&mdash;publishers.
 </para>

+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork2' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs3' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs3' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 149 -->
 The act left other creators totally unregulated. If I copied your poem
 <para>
 <!-- PAGE BREAK 149 -->
 The act left other creators totally unregulated. If I copied your poem


@@ -6863,6 +7448,7 @@ those activities were regulated by the original copyright act. These
 creative activities remained free, while the activities of publishers
 were restrained.
 </para>
 creative activities remained free, while the activities of publishers
 were restrained.
 </para>

+<indexterm startref='idxcopyrightact2' class='endofrange'/>

 <para>
 Today the story is very different: If you write a book, your book is
 automatically protected. Indeed, not just your book. Every e-mail,
 <para>
 Today the story is very different: If you write a book, your book is
 automatically protected. Indeed, not just your book. Every e-mail,


@@ -6891,6 +7477,7 @@ copyright holder. The copyright, in other words, is now not just an
 right to your writings, but an exclusive right to your writings
 and a large proportion of the writings inspired by them.
 </para>
 right to your writings, but an exclusive right to your writings
 and a large proportion of the writings inspired by them.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs3' class='endofrange'/>

 <para>
 It is this derivative right that would seem most bizarre to our
 framers, though it has become second nature to us. Initially, this 
 <para>
 It is this derivative right that would seem most bizarre to our
 framers, though it has become second nature to us. Initially, this 


@@ -6940,6 +7527,9 @@ pp. 53&ndash;59).
 </para></footnote>
 These two different uses of my creative work are treated the same.
 </para>
 </para></footnote>
 These two different uses of my creative work are treated the same.
 </para>

+<indexterm startref='idxpiracyderivativeworkvs3' class='endofrange'/>
+<indexterm><primary>Disney, Walt</primary></indexterm>
+<indexterm><primary>Mickey Mouse</primary></indexterm>

 <para>
 This again may seem right to you. If I wrote a book, then why should
 you be able to write a movie that takes my story and makes money from
 <para>
 This again may seem right to you. If I wrote a book, then why should
 you be able to write a movie that takes my story and makes money from


@@ -6954,9 +7544,13 @@ derivative right is unjustified. My aim just now is much narrower:
 simply to make clear that this expansion is a significant change from
 the rights originally granted.
 </para>
 simply to make clear that this expansion is a significant change from
 the rights originally granted.
 </para>

+<indexterm startref='idxcopyrightscopeof' class='endofrange'/>
+<indexterm startref='idxcopyrightlawonrepublishingvstransformationoforiginalwork2' class='endofrange'/>

 </section>
 <section id="lawreach">
 <title>Law and Architecture: Reach</title>
 </section>
 <section id="lawreach">
 <title>Law and Architecture: Reach</title>

+<indexterm id='idxcopyrightlawcopiesascoreissueof' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxcopyrightlawscopeof' class='startofrange'><primary>copyright law</primary><secondary>scope of</secondary></indexterm>

 <para>
 Whereas originally the law regulated only publishers, the change in
 copyright's scope means that the law today regulates publishers, users,
 <para>
 Whereas originally the law regulated only publishers, the change in
 copyright's scope means that the law today regulates publishers, users,


@@ -6973,6 +7567,8 @@ existing law (which regulates <quote>copies;</quote> 17 <citetitle>United States
 102) is that if there is a copy, there is a right.
 </para></footnote>
 </para>
 102) is that if there is a copy, there is a right.
 </para></footnote>
 </para>

+<indexterm><primary>Valenti, Jack</primary><secondary>on creative property rights</secondary></indexterm>
+<indexterm id='idxcreativepropertyotherpropertyrightsvs2' class='startofrange'><primary>creative property</primary><secondary>other property rights vs.</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 151 -->
 <quote>Copies.</quote> That certainly sounds like the obvious thing for
 <para>
 <!-- PAGE BREAK 151 -->
 <quote>Copies.</quote> That certainly sounds like the obvious thing for


@@ -6987,6 +7583,7 @@ copies should <emphasis>not</emphasis> be the trigger for copyright
 law. More precisely, they should not <emphasis>always</emphasis> be
 the trigger for copyright law.
 </para>
 law. More precisely, they should not <emphasis>always</emphasis> be
 the trigger for copyright law.
 </para>

+<indexterm startref='idxcopyrightlawcopiesascoreissueof' class='endofrange'/>

 <para>
 This is perhaps the central claim of this book, so let me take this
 very slowly so that the point is not easily missed. My claim is that the
 <para>
 This is perhaps the central claim of this book, so let me take this
 very slowly so that the point is not easily missed. My claim is that the


@@ -7003,14 +7600,22 @@ because it is clear that the
 current reach of copyright was never contemplated, much less chosen,
 by the legislators who enacted copyright law.
 </para>
 current reach of copyright was never contemplated, much less chosen,
 by the legislators who enacted copyright law.
 </para>

+<indexterm startref='idxcopyrightlawscopeof' class='endofrange'/>
+<indexterm startref='idxcreativepropertyotherpropertyrightsvs2' class='endofrange'/>

 <para>
 <para>

-We  can see this point abstractly by beginning with this largely
+We can see this point abstractly by beginning with this largely

 empty circle.
 </para>
 <figure id="fig-1521">
 <title>All potential uses of a book.</title>
 <graphic fileref="images/1521.png"></graphic>
 </figure>
 empty circle.
 </para>
 <figure id="fig-1521">
 <title>All potential uses of a book.</title>
 <graphic fileref="images/1521.png"></graphic>
 </figure>

+<indexterm id='idxbooksthreetypesofusesof' class='startofrange'><primary>books</primary><secondary>three types of uses of</secondary></indexterm>
+<indexterm id='idxcopyrightlawcopiesascoreissueof2' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxinternetcopyrightapplicabilityalteredbytechnologyof' class='startofrange'><primary>Internet</primary><secondary>copyright applicability altered by technology of</secondary></indexterm>
+<indexterm id='idxtechnologycopyrightintentalteredby' class='startofrange'><primary>technology</primary><secondary>copyright intent altered by</secondary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs4' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs4' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 152 -->
 Think about a book in real space, and imagine this circle to represent
 <para>
 <!-- PAGE BREAK 152 -->
 Think about a book in real space, and imagine this circle to represent


@@ -7037,6 +7642,10 @@ at the core of this circle of possible uses of a copyrighted work. It is the
 paradigmatic use properly regulated by copyright regulation (see first
 diagram on next page).
 </para>
 paradigmatic use properly regulated by copyright regulation (see first
 diagram on next page).
 </para>

+<indexterm startref='idxderivativeworkspiracyvs4' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs4' class='endofrange'/>
+<indexterm id='idxfairuse' class='startofrange'><primary>fair use</primary></indexterm>
+<indexterm id='idxcopyrightlawfairuseand2' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>

 <para>
 Finally, there is a tiny sliver of otherwise regulated copying uses
 that remain unregulated because the law considers these <quote>fair uses.</quote>
 <para>
 Finally, there is a tiny sliver of otherwise regulated copying uses
 that remain unregulated because the law considers these <quote>fair uses.</quote>


@@ -7046,6 +7655,8 @@ that remain unregulated because the law considers these <quote>fair uses.</quote
 <title>Republishing stands at the core of this circle of possible uses of a copyrighted work.</title>
 <graphic fileref="images/1541.png"></graphic>
 </figure>
 <title>Republishing stands at the core of this circle of possible uses of a copyrighted work.</title>
 <graphic fileref="images/1541.png"></graphic>
 </figure>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>

 <para>
 These are uses that themselves involve copying, but which the law
 treats as unregulated because public policy demands that they remain
 <para>
 These are uses that themselves involve copying, but which the law
 treats as unregulated because public policy demands that they remain


@@ -7065,12 +7676,17 @@ for public policy (and possibly First Amendment) reasons.
 <title>Uses that before were presumptively unregulated are now presumptively regulated.</title>
 <graphic fileref="images/1551.png"></graphic>
 </figure>
 <title>Uses that before were presumptively unregulated are now presumptively regulated.</title>
 <graphic fileref="images/1551.png"></graphic>
 </figure>

+<indexterm id='idxcopyrightusagerestrictionsattachedto' class='startofrange'><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 154 -->
 In real space, then, the possible uses of a book are divided into three
 sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that
 are nonetheless deemed <quote>fair</quote> regardless of the copyright owner's views.
 </para>
 <para>
 <!-- PAGE BREAK 154 -->
 In real space, then, the possible uses of a book are divided into three
 sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that
 are nonetheless deemed <quote>fair</quote> regardless of the copyright owner's views.
 </para>

+<indexterm startref='idxbooksthreetypesofusesof' class='endofrange'/>
+<indexterm id='idxbooksoninternet' class='startofrange'><primary>books</primary><secondary>on Internet</secondary></indexterm>
+<indexterm id='idxinternetbookson2' class='startofrange'><primary>Internet</primary><secondary>books on</secondary></indexterm>
+<indexterm><primary>fair use</primary><secondary>Internet burdens on</secondary></indexterm>

 <para>
 Enter the Internet&mdash;a distributed, digital network where every use
 of a copyrighted work produces a copy.<footnote><para>
 <para>
 Enter the Internet&mdash;a distributed, digital network where every use
 of a copyrighted work produces a copy.<footnote><para>


@@ -7092,6 +7708,8 @@ would defend the unregulated uses of copyrighted work must look
 exclusively to category 3, fair uses, to bear the burden of this
 shift.
 </para>
 exclusively to category 3, fair uses, to bear the burden of this
 shift.
 </para>

+<indexterm startref='idxfairuse' class='endofrange'/>
+<indexterm startref='idxcopyrightlawfairuseand2' class='endofrange'/>

 <para>
 So let's be very specific to make this general point clear. Before the
 Internet, if you purchased a book and read it ten times, there would
 <para>
 So let's be very specific to make this general point clear. Before the
 Internet, if you purchased a book and read it ten times, there would


@@ -7104,6 +7722,8 @@ night before you went to bed. None of those instances of
 use&mdash;reading&mdash; could be regulated by copyright law because
 none of those uses produced a copy.
 </para>
 use&mdash;reading&mdash; could be regulated by copyright law because
 none of those uses produced a copy.
 </para>

+<indexterm id='idxebooks' class='startofrange'><primary>e-books</primary></indexterm>
+<indexterm id='idxderivativeworkstechnologicaldevelopmentsand' class='startofrange'><primary>derivative works</primary><secondary>technological developments and</secondary></indexterm>

 <para>
 But the same book as an e-book is effectively governed by a different
 set of rules. Now if the copyright owner says you may read the book
 <para>
 But the same book as an e-book is effectively governed by a different
 set of rules. Now if the copyright owner says you may read the book


@@ -7130,6 +7750,7 @@ evidence at all that policy makers had this idea in mind when they
 allowed our policy here to shift. Unregulated uses were an important
 part of free culture before the Internet.
 </para>
 allowed our policy here to shift. Unregulated uses were an important
 part of free culture before the Internet.
 </para>

+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork3' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>

 <para>
 Second, this shift is especially troubling in the context of
 transformative uses of creative content. Again, we can all understand
 <para>
 Second, this shift is especially troubling in the context of
 transformative uses of creative content. Again, we can all understand


@@ -7142,6 +7763,9 @@ troubling the expansion with respect to copying a particular work, it
 is extraordinarily troubling with respect to transformative uses of
 creative work.
 </para>
 is extraordinarily troubling with respect to transformative uses of
 creative work.
 </para>

+<indexterm id='idxfairuseinternetburdenson' class='startofrange'><primary>fair use</primary><secondary>Internet burdens on</secondary></indexterm>
+<indexterm id='idxcopyrightlawfairuseand3' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxderivativeworksfairusevs' class='startofrange'><primary>derivative works</primary><secondary>fair use vs.</secondary></indexterm>

 <para>
 Third, this shift from category 1 to category 2 puts an extraordinary
 
 <para>
 Third, this shift from category 1 to category 2 puts an extraordinary
 


@@ -7156,6 +7780,11 @@ copyright law and hence the need for a fair use defense. The right to
 read was effectively protected before because reading was not
 regulated.
 </para>
 read was effectively protected before because reading was not
 regulated.
 </para>

+<indexterm startref='idxcopyrightlawcopiesascoreissueof2' class='endofrange'/>
+<indexterm startref='idxinternetcopyrightapplicabilityalteredbytechnologyof' class='endofrange'/>
+<indexterm startref='idxtechnologycopyrightintentalteredby' class='endofrange'/>
+<indexterm startref='idxderivativeworkstechnologicaldevelopmentsand' class='endofrange'/>
+<indexterm startref='idxcopyrightlawonrepublishingvstransformationoforiginalwork3' class='endofrange'/>

 <para>
 This point about fair use is totally ignored, even by advocates for
 free culture. We have been cornered into arguing that our rights
 <para>
 This point about fair use is totally ignored, even by advocates for
 free culture. We have been cornered into arguing that our rights


@@ -7166,9 +7795,16 @@ grounded in fair use makes sense when the vast majority of uses are
 presumptively regulated, then the protections of fair use are not
 enough.
 </para>
 presumptively regulated, then the protections of fair use are not
 enough.
 </para>

-<indexterm id='idxadvertising2' class='startofrange'>
-  <primary>advertising</primary>
-</indexterm>
+<indexterm startref='idxcopyrightusagerestrictionsattachedto' class='endofrange'/>
+<indexterm startref='idxbooksoninternet' class='endofrange'/>
+<indexterm startref='idxinternetbookson2' class='endofrange'/>
+<indexterm startref='idxebooks' class='endofrange'/>
+<indexterm startref='idxfairuseinternetburdenson' class='endofrange'/>
+<indexterm startref='idxcopyrightlawfairuseand3' class='endofrange'/>
+<indexterm startref='idxderivativeworksfairusevs' class='endofrange'/>
+<indexterm id='idxvideopipeline' class='startofrange'><primary>Video Pipeline</primary></indexterm>
+<indexterm id='idxadvertising' class='startofrange'><primary>advertising</primary></indexterm>
+<indexterm id='idxfilmindustrytraileradvertisementsof' class='startofrange'><primary>film industry</primary><secondary>trailer advertisements of</secondary></indexterm>

 <para>
 The case of Video Pipeline is a good example. Video Pipeline was
 in the business of making <quote>trailer</quote> advertisements for movies available
 <para>
 The case of Video Pipeline is a good example. Video Pipeline was
 in the business of making <quote>trailer</quote> advertisements for movies available


@@ -7176,6 +7812,7 @@ to video stores. The video stores displayed the trailers as a way to sell
 videos. Video Pipeline got the trailers from the film distributors, put
 the trailers on tape, and sold the tapes to the retail stores.
 </para>
 videos. Video Pipeline got the trailers from the film distributors, put
 the trailers on tape, and sold the tapes to the retail stores.
 </para>

+<indexterm><primary>browsing</primary></indexterm>

 <para>
 The company did this for about fifteen years. Then, in 1997, it began
 to think about the Internet as another way to distribute these
 <para>
 The company did this for about fifteen years. Then, in 1997, it began
 to think about the Internet as another way to distribute these


@@ -7185,6 +7822,10 @@ technique by giving on-line stores the same ability to enable
 before you buy the book, so, too, you would be able to sample a bit
 from the movie on-line before you bought it.
 </para>
 before you buy the book, so, too, you would be able to sample a bit
 from the movie on-line before you bought it.
 </para>

+<indexterm id='idxdisneyinc2' class='startofrange'><primary>Disney, Inc.</primary></indexterm>
+<indexterm><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxcopyrightlawcopiesascoreissueof3' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxfairuselegalintimidationtacticsagainst2' class='startofrange'><primary>fair use</primary><secondary>legal intimidation tactics against</secondary></indexterm>

 <para>
 In 1998, Video Pipeline informed Disney and other film distributors
 that it intended to distribute the trailers through the Internet
 <para>
 In 1998, Video Pipeline informed Disney and other film distributors
 that it intended to distribute the trailers through the Internet


@@ -7200,6 +7841,11 @@ distribution immediately.  Video Pipeline thought it was within their
 lawsuit to ask the court to declare that these rights were in fact
 their rights.
 </para>
 lawsuit to ask the court to declare that these rights were in fact
 their rights.
 </para>

+<indexterm startref='idxadvertising' class='endofrange'/>
+<indexterm startref='idxfilmindustrytraileradvertisementsof' class='endofrange'/>
+<indexterm id='idxcopyrightusagerestrictionsattachedto2' class='startofrange'><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitswillfulinfringementfindingsin' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>willful infringement findings in</secondary></indexterm>
+<indexterm><primary>willful infringement</primary></indexterm>

 <para>
 Disney countersued&mdash;for $100 million in damages. Those damages
 were predicated upon a claim that Video Pipeline had <quote>willfully
 <para>
 Disney countersued&mdash;for $100 million in damages. Those damages
 were predicated upon a claim that Video Pipeline had <quote>willfully


@@ -7219,7 +7865,7 @@ permitted to list the titles of the films they were selling, but they were
 not allowed to show clips of the films as a way of selling them without
 Disney's permission.
 </para>
 not allowed to show clips of the films as a way of selling them without
 Disney's permission.
 </para>

-<indexterm startref='idxadvertising2' class='endofrange'/>
+<indexterm><primary>first-sale doctrine</primary></indexterm>

 <para>
 Now, you might think this is a close case, and I think the courts
 would consider it a close case. My point here is to map the change
 <para>
 Now, you might think this is a close case, and I think the courts
 would consider it a close case. My point here is to map the change


@@ -7234,6 +7880,15 @@ copy, use on the Internet becomes subject to the copyright owner's
 control. The technology expands the scope of effective control,
 because the technology builds a copy into every transaction.
 </para>
 control. The technology expands the scope of effective control,
 because the technology builds a copy into every transaction.
 </para>

+<indexterm startref='idxvideopipeline' class='endofrange'/>
+<indexterm startref='idxdisneyinc2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawcopiesascoreissueof3' class='endofrange'/>
+<indexterm startref='idxfairuselegalintimidationtacticsagainst2' class='endofrange'/>
+<indexterm startref='idxcopyrightusagerestrictionsattachedto2' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitswillfulinfringementfindingsin' class='endofrange'/>
+<indexterm><primary>Barnes &amp; Noble</primary></indexterm>
+<indexterm><primary>browsing</primary></indexterm>
+<indexterm><primary>market competition</primary></indexterm>

 <para>
 <!-- PAGE BREAK 158 -->
 No doubt, a potential is not yet an abuse, and so the potential for
 <para>
 <!-- PAGE BREAK 158 -->
 No doubt, a potential is not yet an abuse, and so the potential for


@@ -7267,6 +7922,8 @@ second important change brought about by the Internet magnifies its
 significance. This second change does not affect the reach of copyright
 regulation; it affects how such regulation is enforced.
 </para>
 significance. This second change does not affect the reach of copyright
 regulation; it affects how such regulation is enforced.
 </para>

+<indexterm><primary>copyright law</primary><secondary>technology as automatic enforcer of</secondary></indexterm>
+<indexterm><primary>technology</primary><secondary>copyright enforcement controlled by</secondary></indexterm>

 <para>
 In the world before digital technology, it was generally the law that
 controlled whether and how someone was regulated by copyright law.
 <para>
 In the world before digital technology, it was generally the law that
 controlled whether and how someone was regulated by copyright law.


@@ -7276,12 +7933,8 @@ tradition embraced, who said whether and how the law would restrict
 your freedom.
 </para>
 <indexterm><primary>Casablanca</primary></indexterm>
 your freedom.
 </para>
 <indexterm><primary>Casablanca</primary></indexterm>

-<indexterm id="idxmarxbrothers" class='startofrange'>
-  <primary>Marx Brothers</primary>
-</indexterm>
-<indexterm id="idxwarnerbrothers" class='startofrange'>
-  <primary>Warner Brothers</primary>
-</indexterm>
+<indexterm id='idxmarxbrothers' class='startofrange'><primary>Marx Brothers</primary></indexterm>
+<indexterm id='idxwarnerbrothers' class='startofrange'><primary>Warner Brothers</primary></indexterm>

 <para>
 There's a famous story about a battle between the Marx Brothers
 and Warner Brothers. The Marxes intended to make a parody of
 <para>
 There's a famous story about a battle between the Marx Brothers
 and Warner Brothers. The Marxes intended to make a parody of


@@ -7300,9 +7953,9 @@ This led the Marx Brothers to respond in kind. They warned
 Warner Brothers that the Marx Brothers <quote>were brothers long before
 you were.</quote><footnote><para>
 <!-- f20 -->
 Warner Brothers that the Marx Brothers <quote>were brothers long before
 you were.</quote><footnote><para>
 <!-- f20 -->

+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 Ibid. See also Vaidhyanathan, <citetitle>Copyrights and
 Copywrongs</citetitle>, 1&ndash;3.
 Ibid. See also Vaidhyanathan, <citetitle>Copyrights and
 Copywrongs</citetitle>, 1&ndash;3.

-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 </para></footnote>
 The Marx Brothers therefore owned the word
 <citetitle>brothers</citetitle>, and if Warner Brothers insisted on
 </para></footnote>
 The Marx Brothers therefore owned the word
 <citetitle>brothers</citetitle>, and if Warner Brothers insisted on


@@ -7315,6 +7968,7 @@ like the Marx Brothers, knew that no court would ever enforce such a
 silly claim. This extremism was irrelevant to the real freedoms anyone
 (including Warner Brothers) enjoyed.
 </para>
 silly claim. This extremism was irrelevant to the real freedoms anyone
 (including Warner Brothers) enjoyed.
 </para>

+<indexterm id='idxbooksoninternet2' class='startofrange'><primary>books</primary><secondary>on Internet</secondary></indexterm>

 <para>
 On the Internet, however, there is no check on silly rules, because on
 the Internet, increasingly, rules are enforced not by a human but by a
 <para>
 On the Internet, however, there is no check on silly rules, because on
 the Internet, increasingly, rules are enforced not by a human but by a


@@ -7325,12 +7979,10 @@ problem with code regulations is that, unlike law, code has no
 shame. Code would not get the humor of the Marx Brothers. The
 consequence of that is not at all funny.
 </para>
 shame. Code would not get the humor of the Marx Brothers. The
 consequence of that is not at all funny.
 </para>

-<indexterm startref="idxwarnerbrothers" class='endofrange'/>
-<indexterm startref="idxmarxbrothers" class='endofrange'/>
+<indexterm startref='idxwarnerbrothers' class='endofrange'/>
+<indexterm startref='idxmarxbrothers' class='endofrange'/>

 
 

-<indexterm id="idxadobeebookreader" class='startofrange'>
-  <primary>Adobe eBook Reader</primary>
-</indexterm>
+<indexterm id='idxadobeebookreader' class='startofrange'><primary>Adobe eBook Reader</primary></indexterm>

 <para>
 Consider the life of my Adobe eBook Reader.
 </para>
 <para>
 Consider the life of my Adobe eBook Reader.
 </para>


@@ -7379,11 +8031,11 @@ print ten pages from the book every ten days. Lastly, I have the
 permission to use the Read Aloud button to hear <citetitle>Middlemarch</citetitle>
 read aloud through the computer.
 </para>
 permission to use the Read Aloud button to hear <citetitle>Middlemarch</citetitle>
 read aloud through the computer.
 </para>

+<indexterm><primary>Aristotle</primary></indexterm>
+<indexterm><primary><citetitle>Politics</citetitle>, (Aristotle)</primary></indexterm>

 <para>
 Here's the e-book for another work in the public domain (including the
 translation): Aristotle's <citetitle>Politics</citetitle>.
 <para>
 Here's the e-book for another work in the public domain (including the
 translation): Aristotle's <citetitle>Politics</citetitle>.

-<indexterm><primary>Aristotle</primary></indexterm>
-<indexterm><primary><citetitle>Politics</citetitle>, (Aristotle)</primary></indexterm>

 </para>
 <figure id="fig-1621">
 <title>E-book of Aristotle;s <quote>Politics</quote></title>
 </para>
 <figure id="fig-1621">
 <title>E-book of Aristotle;s <quote>Politics</quote></title>


@@ -7398,6 +8050,8 @@ the book.
 <title>List of the permissions for Aristotle;s <quote>Politics</quote>.</title>
 <graphic fileref="images/1622.png"></graphic>
 </figure>
 <title>List of the permissions for Aristotle;s <quote>Politics</quote>.</title>
 <graphic fileref="images/1622.png"></graphic>
 </figure>

+<indexterm><primary>Future of Ideas, The (Lessig)</primary></indexterm>
+<indexterm><primary>Lessig, Lawrence</primary></indexterm>

 <para>
 Finally (and most embarrassingly), here are the permissions for the
 original e-book version of my last book, <citetitle>The Future of
 <para>
 Finally (and most embarrassingly), here are the permissions for the
 original e-book version of my last book, <citetitle>The Future of


@@ -7450,13 +8104,14 @@ aloud&mdash;it's not that the company will sue you if you do; instead,
 if you push the Read Aloud button with my book, the machine simply
 won't read aloud.
 </para>
 if you push the Read Aloud button with my book, the machine simply
 won't read aloud.
 </para>

+<indexterm><primary>Marx Brothers</primary></indexterm>
+<indexterm><primary>Warner Brothers</primary></indexterm>

 <para>
 <!-- PAGE BREAK 163 -->
 These are <emphasis>controls</emphasis>, not permissions. Imagine a
 world where the Marx Brothers sold word processing software that, when
 you tried to type <quote>Warner Brothers,</quote> erased <quote>Brothers</quote> from the
 sentence.
 <para>
 <!-- PAGE BREAK 163 -->
 These are <emphasis>controls</emphasis>, not permissions. Imagine a
 world where the Marx Brothers sold word processing software that, when
 you tried to type <quote>Warner Brothers,</quote> erased <quote>Brothers</quote> from the
 sentence.

-<indexterm><primary>Marx Brothers</primary></indexterm>

 </para>
 <para>
 This is the future of copyright law: not so much copyright
 </para>
 <para>
 This is the future of copyright law: not so much copyright


@@ -7478,6 +8133,8 @@ to defeat these protections as well?
 We've only scratched the surface of this story. Return to the Adobe
 eBook Reader.
 </para>
 We've only scratched the surface of this story. Return to the Adobe
 eBook Reader.
 </para>

+<indexterm id='idxalicesadventuresinwonderlandcarroll' class='startofrange'><primary>Alice's Adventures in Wonderland (Carroll)</primary></indexterm>
+<indexterm id='idxpublicdomainebookrestrictionson2' class='startofrange'><primary>public domain</primary><secondary>e-book restrictions on</secondary></indexterm>

 <para>
 Early in the life of the Adobe eBook Reader, Adobe suffered a public
 relations nightmare. Among the books that you could download for free
 <para>
 Early in the life of the Adobe eBook Reader, Adobe suffered a public
 relations nightmare. Among the books that you could download for free


@@ -7485,14 +8142,13 @@ on the Adobe site was a copy of <citetitle>Alice's Adventures in
 Wonderland</citetitle>.  This wonderful book is in the public
 domain. Yet when you clicked on Permissions for that book, you got the
 following report:
 Wonderland</citetitle>.  This wonderful book is in the public
 domain. Yet when you clicked on Permissions for that book, you got the
 following report:

-<indexterm><primary>Alice's Adventures in Wonderland (Carroll)</primary></indexterm>

 </para>
 <figure id="fig-1641">
 <title>List of the permissions for <quote>Alice's Adventures in
 Wonderland</quote>.</title>
 <graphic fileref="images/1641.png"></graphic>
 </figure>
 </para>
 <figure id="fig-1641">
 <title>List of the permissions for <quote>Alice's Adventures in
 Wonderland</quote>.</title>
 <graphic fileref="images/1641.png"></graphic>
 </figure>

-<beginpage pagenum="164"/>
+<!-- PAGE BREAK 164-->

 <para>
 Here was a public domain children's book that you were not allowed to
 copy, not allowed to lend, not allowed to give, and, as the
 <para>
 Here was a public domain children's book that you were not allowed to
 copy, not allowed to lend, not allowed to give, and, as the


@@ -7519,6 +8175,8 @@ could use a computer to read the book aloud, would Adobe agree that
 such a use of an eBook Reader was fair? Adobe didn't answer because
 the answer, however absurd it might seem, is no.
 </para>
 such a use of an eBook Reader was fair? Adobe didn't answer because
 the answer, however absurd it might seem, is no.
 </para>

+<indexterm startref='idxalicesadventuresinwonderlandcarroll' class='endofrange'/>
+<indexterm startref='idxpublicdomainebookrestrictionson2' class='endofrange'/>

 <para>
 The point is not to blame Adobe. Indeed, Adobe is among the most
 innovative companies developing strategies to balance open access to
 <para>
 The point is not to blame Adobe. Indeed, Adobe is among the most
 innovative companies developing strategies to balance open access to


@@ -7527,21 +8185,15 @@ technology enables control, and Adobe has an incentive to defend this
 control.  That incentive is understandable, yet what it creates is
 often crazy.
 </para>
 control.  That incentive is understandable, yet what it creates is
 often crazy.
 </para>

-<indexterm startref="idxadobeebookreader" class='endofrange'/>
+<indexterm startref='idxadobeebookreader' class='endofrange'/>
+<indexterm startref='idxbooksoninternet2' class='endofrange'/>

 <para>
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>
 <para>
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>

-<indexterm id="idxaibo1" class='startofrange'>
-  <primary>Aibo robotic dog</primary>
-</indexterm>
-<indexterm id="idxroboticdog1" class='startofrange'>
-  <primary>robotic dog</primary>
-</indexterm>
-<indexterm id="idxsonyaibo1" class='startofrange'>
-  <primary>Sony</primary>
-  <secondary>Aibo robotic dog produced by</secondary>
-</indexterm>
+<indexterm id='idxaibo1' class='startofrange'><primary>Aibo robotic dog</primary></indexterm>
+<indexterm id='idxroboticdog1' class='startofrange'><primary>robotic dog</primary></indexterm>
+<indexterm id='idxsonyaibo1' class='startofrange'><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 Consider the robotic dog made by Sony named <quote>Aibo.</quote> The Aibo
 learns tricks, cuddles, and follows you around. It eats only electricity
 <para>
 Consider the robotic dog made by Sony named <quote>Aibo.</quote> The Aibo
 learns tricks, cuddles, and follows you around. It eats only electricity


@@ -7551,7 +8203,7 @@ and that doesn't leave that much of a mess (at least in your house).
 The Aibo is expensive and popular. Fans from around the world
 have set up clubs to trade stories. One fan in particular set up a Web
 site to enable information about the Aibo dog to be shared. This fan set
 The Aibo is expensive and popular. Fans from around the world
 have set up clubs to trade stories. One fan in particular set up a Web
 site to enable information about the Aibo dog to be shared. This fan set

-<beginpage pagenum="165"/>
+<!-- PAGE BREAK 165-->

 up aibopet.com (and aibohack.com, but that resolves to the same site),
 and on that site he provided information about how to teach an Aibo
 to do tricks in addition to the ones Sony had taught it.
 up aibopet.com (and aibohack.com, but that resolves to the same site),
 and on that site he provided information about how to teach an Aibo
 to do tricks in addition to the ones Sony had taught it.


@@ -7564,6 +8216,7 @@ how to teach the dog to do new tricks is just to say that aibopet.com
 was giving information to users of the Aibo pet about how to hack
 their computer <quote>dog</quote> to make it do new tricks (thus, aibohack.com).
 </para>
 was giving information to users of the Aibo pet about how to hack
 their computer <quote>dog</quote> to make it do new tricks (thus, aibohack.com).
 </para>

+<indexterm><primary>hacks</primary></indexterm>

 <para>
 If you're not a programmer or don't know many programmers, the word
 <citetitle>hack</citetitle> has a particularly unfriendly
 <para>
 If you're not a programmer or don't know many programmers, the word
 <citetitle>hack</citetitle> has a particularly unfriendly


@@ -7592,9 +8245,9 @@ dance jazz. The dog wasn't programmed to dance jazz. It was a clever
 bit of tinkering that turned the dog into a more talented creature
 than Sony had built.
 </para>
 bit of tinkering that turned the dog into a more talented creature
 than Sony had built.
 </para>

-<indexterm startref="idxsonyaibo1" class='endofrange'/>
-<indexterm startref="idxroboticdog1" class='endofrange'/>
-<indexterm startref="idxaibo1" class='endofrange'/>
+<indexterm startref='idxsonyaibo1' class='endofrange'/>
+<indexterm startref='idxroboticdog1' class='endofrange'/>
+<indexterm startref='idxaibo1' class='endofrange'/>

 <para>
 I've told this story in many contexts, both inside and outside the
 United States. Once I was asked by a puzzled member of the audience,
 <para>
 I've told this story in many contexts, both inside and outside the
 United States. Once I was asked by a puzzled member of the audience,


@@ -7611,6 +8264,7 @@ completely legal activity. One imagines that the owner of aibopet.com
 thought, <emphasis>What possible problem could there be with teaching
 a robot dog to dance?</emphasis>
 </para>
 thought, <emphasis>What possible problem could there be with teaching
 a robot dog to dance?</emphasis>
 </para>

+<indexterm><primary>Microsoft</primary><secondary>government case against</secondary></indexterm>

 <para>
 Let's put the dog to sleep for a minute, and turn to a pony show&mdash;
 not literally a pony show, but rather a paper that a Princeton academic
 <para>
 Let's put the dog to sleep for a minute, and turn to a pony show&mdash;
 not literally a pony show, but rather a paper that a Princeton academic


@@ -7681,16 +8335,9 @@ academic essay, unintelligible to most people. But it clearly showed the
 weakness in the SDMI system, and why SDMI would not, as presently
 constituted, succeed.
 </para>
 weakness in the SDMI system, and why SDMI would not, as presently
 constituted, succeed.
 </para>

-<indexterm id="idxaibo2" class='startofrange'>
-  <primary>Aibo robotic dog</primary>
-</indexterm>
-<indexterm id="idxroboticdog2" class='startofrange'>
-  <primary>robotic dog</primary>
-</indexterm>
-<indexterm id="idxsonyaibo2" class='startofrange'>
-  <primary>Sony</primary>
-  <secondary>Aibo robotic dog produced by</secondary>
-</indexterm>
+<indexterm id='idxaibo2' class='startofrange'><primary>Aibo robotic dog</primary></indexterm>
+<indexterm id='idxroboticdog2' class='startofrange'><primary>robotic dog</primary></indexterm>
+<indexterm id='idxsonyaibo2' class='startofrange'><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 What links these two, aibopet.com and Felten, is the letters they
 then received. Aibopet.com received a letter from Sony about the
 <para>
 What links these two, aibopet.com and Felten, is the letters they
 then received. Aibopet.com received a letter from Sony about the


@@ -7704,9 +8351,9 @@ AIBO-ware's copy protection protocol constituting a violation of the
 anti-circumvention provisions of the Digital Millennium Copyright Act.
 </para>
 </blockquote>
 anti-circumvention provisions of the Digital Millennium Copyright Act.
 </para>
 </blockquote>

-<indexterm startref="idxsonyaibo2" class='endofrange'/>
-<indexterm startref="idxroboticdog2" class='endofrange'/>
-<indexterm startref="idxaibo2" class='endofrange'/>
+<indexterm startref='idxsonyaibo2' class='endofrange'/>
+<indexterm startref='idxroboticdog2' class='endofrange'/>
+<indexterm startref='idxaibo2' class='endofrange'/>

 <para>
 And though an academic paper describing the weakness in a system
 of encryption should also be perfectly legal, Felten received a letter
 <para>
 And though an academic paper describing the weakness in a system
 of encryption should also be perfectly legal, Felten received a letter


@@ -7755,10 +8402,7 @@ have been a copyright violation.
 </para>
 <indexterm><primary>Aibo robotic dog</primary></indexterm>
 <indexterm><primary>robotic dog</primary></indexterm>
 </para>
 <indexterm><primary>Aibo robotic dog</primary></indexterm>
 <indexterm><primary>robotic dog</primary></indexterm>

-<indexterm>
-  <primary>Sony</primary>
-  <secondary>Aibo robotic dog produced by</secondary>
-</indexterm>
+<indexterm><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 Aibopet.com and Felten make the point. The Aibo hack circumvented a
 copyright protection system for the purpose of enabling the dog to
 <para>
 Aibopet.com and Felten make the point. The Aibo hack circumvented a
 copyright protection system for the purpose of enabling the dog to


@@ -7780,6 +8424,7 @@ Thus, even though he was not himself infringing anyone's copyright,
 his academic paper was enabling others to infringe others' copyright.
 </para>
 <indexterm><primary>Rogers, Fred</primary></indexterm>
 his academic paper was enabling others to infringe others' copyright.
 </para>
 <indexterm><primary>Rogers, Fred</primary></indexterm>

+<indexterm id='idxcassettevcrs2' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 The bizarreness of these arguments is captured in a cartoon drawn in
 1981 by Paul Conrad. At that time, a court in California had held that
 <para>
 The bizarreness of these arguments is captured in a cartoon drawn in
 1981 by Paul Conrad. At that time, a court in California had held that


@@ -7808,6 +8453,7 @@ but I just feel that anything that allows a person to be more active
 in the control of his or her life, in a healthy way, is
 important.<footnote><para>
 <!-- f23 -->
 in the control of his or her life, in a healthy way, is
 important.<footnote><para>
 <!-- f23 -->

+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., 464 U.S. 417,
 455 fn. 27 (1984). Rogers never changed his view about the VCR. See
 James Lardner, <citetitle>Fast Forward: Hollywood, the Japanese, and the Onslaught of
 <citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., 464 U.S. 417,
 455 fn. 27 (1984). Rogers never changed his view about the VCR. See
 James Lardner, <citetitle>Fast Forward: Hollywood, the Japanese, and the Onslaught of


@@ -7838,6 +8484,7 @@ pirating of copyrighted material&mdash;a bad end. Or they can be used
 to enable the use of particular copyrighted materials in ways that
 would be considered fair use&mdash;a good end.
 </para>
 to enable the use of particular copyrighted materials in ways that
 would be considered fair use&mdash;a good end.
 </para>

+<indexterm id='idxhandguns' class='startofrange'><primary>handguns</primary></indexterm>

 <para>
 A handgun can be used to shoot a police officer or a child. Most
 <!-- PAGE BREAK 171 -->
 <para>
 A handgun can be used to shoot a police officer or a child. Most
 <!-- PAGE BREAK 171 -->


@@ -7846,10 +8493,11 @@ practice or to protect against an intruder. At least some would say that
 such a use would be good. It, too, is a technology that has both good
 and bad uses.
 </para>
 such a use would be good. It, too, is a technology that has both good
 and bad uses.
 </para>

-<figure id="fig-1711">
+<figure id="fig-1711-vcr-handgun-cartoonfig">

 <title>VCR/handgun cartoon.</title>
 <graphic fileref="images/1711.png"></graphic>
 </figure>
 <title>VCR/handgun cartoon.</title>
 <graphic fileref="images/1711.png"></graphic>
 </figure>

+<indexterm><primary>Conrad, Paul</primary></indexterm>

 <para>
 The obvious point of Conrad's cartoon is the weirdness of a world
 where guns are legal, despite the harm they can do, while VCRs (and
 <para>
 The obvious point of Conrad's cartoon is the weirdness of a world
 where guns are legal, despite the harm they can do, while VCRs (and


@@ -7857,14 +8505,12 @@ circumvention technologies) are illegal. Flash: <emphasis>No one ever
 died from copyright circumvention</emphasis>. Yet the law bans circumvention
 technologies absolutely, despite the potential that they might do some
 good, but permits guns, despite the obvious and tragic harm they do.
 died from copyright circumvention</emphasis>. Yet the law bans circumvention
 technologies absolutely, despite the potential that they might do some
 good, but permits guns, despite the obvious and tragic harm they do.

-<indexterm><primary>Conrad, Paul</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxhandguns' class='endofrange'/>
+<indexterm startref='idxcassettevcrs2' class='endofrange'/>

 <indexterm><primary>Aibo robotic dog</primary></indexterm>
 <indexterm><primary>robotic dog</primary></indexterm>
 <indexterm><primary>Aibo robotic dog</primary></indexterm>
 <indexterm><primary>robotic dog</primary></indexterm>

-<indexterm>
-  <primary>Sony</primary>
-  <secondary>Aibo robotic dog produced by</secondary>
-</indexterm>
+<indexterm><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 The Aibo and RIAA examples demonstrate how copyright owners are
 changing the balance that copyright law grants. Using code, copyright
 <para>
 The Aibo and RIAA examples demonstrate how copyright owners are
 changing the balance that copyright law grants. Using code, copyright


@@ -7917,6 +8563,7 @@ never be interfered with by the copyright police. You were free in
 that space to do as you wished with this part of our culture. You were
 allowed to build on it as you wished without fear of legal control.
 </para>
 that space to do as you wished with this part of our culture. You were
 allowed to build on it as you wished without fear of legal control.
 </para>

+<indexterm><primary>bots</primary></indexterm>

 <para>
 But if you moved your club onto the Internet, and made it generally
 available for others to join, the story would be very different. Bots
 <para>
 But if you moved your club onto the Internet, and made it generally
 available for others to join, the story would be very different. Bots


@@ -7978,6 +8625,12 @@ of the media.
 These changes are of two sorts: the scope of concentration, and its
 nature.
 </para>
 These changes are of two sorts: the scope of concentration, and its
 nature.
 </para>

+<indexterm><primary>cable television</primary></indexterm>
+<indexterm><primary>BMG</primary></indexterm>
+<indexterm><primary>EMI</primary></indexterm>
+<indexterm><primary>McCain, John</primary></indexterm>
+<indexterm><primary>Universal Music Group</primary></indexterm>
+<indexterm><primary>Warner Music Group</primary></indexterm>

 <para>
 Changes in scope are the easier ones to describe. As Senator John
 McCain summarized the data produced in the FCC's review of media
 <para>
 Changes in scope are the easier ones to describe. As Senator John
 McCain summarized the data produced in the FCC's review of media


@@ -7999,11 +8652,6 @@ programming to 74 percent of the cable subscribers nationwide.</quote><footnote>
 Molly Ivins, <quote>Media Consolidation Must Be Stopped,</quote> <citetitle>Charleston Gazette</citetitle>,
 31 May 2003.
 </para></footnote>
 Molly Ivins, <quote>Media Consolidation Must Be Stopped,</quote> <citetitle>Charleston Gazette</citetitle>,
 31 May 2003.
 </para></footnote>

-<indexterm><primary>BMG</primary></indexterm>
-<indexterm><primary>EMI</primary></indexterm>
-<indexterm><primary>McCain, John</primary></indexterm>
-<indexterm><primary>Universal Music Group</primary></indexterm>
-<indexterm><primary>Warner Music Group</primary></indexterm>

 </para>
 <para>
 The story with radio is even more dramatic. Before deregulation,
 </para>
 <para>
 The story with radio is even more dramatic. Before deregulation,


@@ -8016,6 +8664,7 @@ markets, the two largest broadcasters control 74 percent of that
 market's revenues. Overall, just four companies control 90 percent of
 the nation's radio advertising revenues.
 </para>
 market's revenues. Overall, just four companies control 90 percent of
 the nation's radio advertising revenues.
 </para>

+<indexterm><primary>cable television</primary></indexterm>

 <para>
 Newspaper ownership is becoming more concentrated as well.  Today,
 there are six hundred fewer daily newspapers in the United States than
 <para>
 Newspaper ownership is becoming more concentrated as well.  Today,
 there are six hundred fewer daily newspapers in the United States than


@@ -8058,7 +8707,7 @@ just large companies owning many radio stations, but a few companies
 owning as many outlets of media as possible. A picture describes this
 pattern better than a thousand words could do:
 </para>
 owning as many outlets of media as possible. A picture describes this
 pattern better than a thousand words could do:
 </para>

-<figure id="fig-1761">
+<figure id="fig-1761-pattern-modern-media-ownership">

 <title>Pattern of modern media ownership.</title>
 <graphic fileref="images/1761.png"></graphic>
 </figure>
 <title>Pattern of modern media ownership.</title>
 <graphic fileref="images/1761.png"></graphic>
 </figure>


@@ -8150,12 +8799,12 @@ find that he had the choice either to make the show less edgy or to be
 fired: The content of any show developed for a network is increasingly
 owned by the network.
 </para>
 fired: The content of any show developed for a network is increasingly
 owned by the network.
 </para>

+<indexterm><primary>Diller, Barry</primary></indexterm>
+<indexterm><primary>Moyers, Bill</primary></indexterm>

 <para>
 While the number of channels has increased dramatically, the ownership
 of those channels has narrowed to an ever smaller and smaller few. As
 Barry Diller said to Bill Moyers,
 <para>
 While the number of channels has increased dramatically, the ownership
 of those channels has narrowed to an ever smaller and smaller few. As
 Barry Diller said to Bill Moyers,

-<indexterm><primary>Diller, Barry</primary></indexterm>
-<indexterm><primary>Moyers, Bill</primary></indexterm>

 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>


@@ -8251,9 +8900,7 @@ is through votes that we are to choose policy. But to do that, we
 depend fundamentally upon the press to help inform Americans about
 these issues.
 </para>
 depend fundamentally upon the press to help inform Americans about
 these issues.
 </para>

-<indexterm id='idxadvertising3' class='startofrange'>
-  <primary>advertising</primary>
-</indexterm>
+<indexterm id='idxadvertising3' class='startofrange'><primary>advertising</primary></indexterm>

 <para>
 Beginning in 1998, the Office of National Drug Control Policy launched
 a media campaign as part of the <quote>war on drugs.</quote> The campaign produced
 <para>
 Beginning in 1998, the Office of National Drug Control Policy launched
 a media campaign as part of the <quote>war on drugs.</quote> The campaign produced


@@ -8419,13 +9066,14 @@ now interact to turn this historically benign regulation into the most
 significant regulation of culture that our free society has
 known.<footnote><para>
 <!-- f35 -->
 significant regulation of culture that our free society has
 known.<footnote><para>
 <!-- f35 -->

+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 Siva Vaidhyanathan captures a similar point in his <quote>four surrenders</quote> of
 copyright law in the digital age. See Vaidhyanathan, 159&ndash;60.
 Siva Vaidhyanathan captures a similar point in his <quote>four surrenders</quote> of
 copyright law in the digital age. See Vaidhyanathan, 159&ndash;60.

-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 </para></footnote>
 </para>
 <para>
 </para></footnote>
 </para>
 <para>

-This has been a long chapter. Its point can now be briefly stated.
+<emphasis role='strong'>This has been</emphasis> a long chapter. Its
+point can now be briefly stated.

 </para>
 <para>
 At the start of this book, I distinguished between commercial and
 </para>
 <para>
 At the start of this book, I distinguished between commercial and


@@ -8436,7 +9084,7 @@ that copyright law has undergone.  In 1790, the law looked like this:
 </para>
 
 <informaltable id="t2">
 </para>
 
 <informaltable id="t2">

-<tgroup cols="3" align="char">
+<tgroup cols="3" align="left">

 <thead>
  <row>
  <entry></entry>
 <thead>
  <row>
  <entry></entry>


@@ -8473,7 +9121,7 @@ By the end of the nineteenth century, the law had changed to this:
 </para>
 
 <informaltable id="t3">
 </para>
 
 <informaltable id="t3">

-<tgroup cols="3" align="char">
+<tgroup cols="3" align="left">

 <thead>
  <row>
  <entry></entry>
 <thead>
  <row>
  <entry></entry>


@@ -8511,7 +9159,7 @@ we could say the law began to look like this:
 </para>
 
 <informaltable id="t4">
 </para>
 
 <informaltable id="t4">

-<tgroup cols="3" align="char">
+<tgroup cols="3" align="left">

 <thead>
  <row>
  <entry></entry>
 <thead>
  <row>
  <entry></entry>


@@ -8543,7 +9191,7 @@ that the law now looks like this:
 </para>
 
 <informaltable id="t5">
 </para>
 
 <informaltable id="t5">

-<tgroup cols="3" align="char">
+<tgroup cols="3" align="left">

 <thead>
  <row>
  <entry></entry>
 <thead>
  <row>
  <entry></entry>


@@ -8659,20 +9307,15 @@ lawyer.
 <!-- PAGE BREAK 186 -->
 <chapter label="11" id="chimera">
 <title>CHAPTER ELEVEN: Chimera</title>
 <!-- PAGE BREAK 186 -->
 <chapter label="11" id="chimera">
 <title>CHAPTER ELEVEN: Chimera</title>

-<indexterm id="idxchimera" class='startofrange'>
-  <primary>chimeras</primary>
-</indexterm>
-<indexterm id="idxwells" class='startofrange'>
-  <primary>Wells, H. G.</primary>
-</indexterm>
-<indexterm id="idxtcotb" class='startofrange'>
-  <primary><quote>Country of the Blind, The</quote> (Wells)</primary>
-</indexterm>
-
-<para>
-In a well-known short story by H. G. Wells, a mountain climber
-named Nunez trips (literally, down an ice slope) into an unknown and
-isolated valley in the Peruvian Andes.<footnote><para>
+<indexterm id='idxchimera' class='startofrange'><primary>chimeras</primary></indexterm>
+<indexterm id='idxwells' class='startofrange'><primary>Wells, H. G.</primary></indexterm>
+<indexterm id='idxtcotb' class='startofrange'><primary><quote>Country of the Blind, The</quote> (Wells)</primary></indexterm>
+
+<para>
+<emphasis role='strong'>In a well-known</emphasis> short story by
+H. G. Wells, a mountain climber named Nunez trips (literally, down an
+ice slope) into an unknown and isolated valley in the Peruvian
+Andes.<footnote><para>

 <!-- f1. -->
 H. G. Wells, <quote>The Country of the Blind</quote> (1904, 1911). See H. G. Wells,
 <citetitle>The Country of the Blind and Other Stories</citetitle>, Michael Sherborne, ed. (New
 <!-- f1. -->
 H. G. Wells, <quote>The Country of the Blind</quote> (1904, 1911). See H. G. Wells,
 <citetitle>The Country of the Blind and Other Stories</citetitle>, Michael Sherborne, ed. (New


@@ -8734,18 +9377,21 @@ irritant bodies [the eyes].</quote>
 Nunez of this condition necessary for him to be allowed his bride.
 (You'll have to read the original to learn what happens in the end. I
 believe in free culture, but never in giving away the end of a story.)
 Nunez of this condition necessary for him to be allowed his bride.
 (You'll have to read the original to learn what happens in the end. I
 believe in free culture, but never in giving away the end of a story.)

-It sometimes happens that the eggs of twins fuse in the mother's
-womb. That fusion produces a <quote>chimera.</quote> A chimera is a single creature
-with two sets of DNA. The DNA in the blood, for example, might be
-different from the DNA of the skin. This possibility is an underused
+</para>
+<para>
+<emphasis role='strong'>It sometimes</emphasis> happens that the eggs
+of twins fuse in the mother's womb. That fusion produces a
+<quote>chimera.</quote> A chimera is a single creature with two sets
+of DNA. The DNA in the blood, for example, might be different from the
+DNA of the skin. This possibility is an underused

 
 <!-- PAGE BREAK 188 -->
 plot for murder mysteries. <quote>But the DNA shows with 100 percent
 certainty that she was not the person whose blood was at the
 scene. &hellip;</quote>
 </para>
 
 <!-- PAGE BREAK 188 -->
 plot for murder mysteries. <quote>But the DNA shows with 100 percent
 certainty that she was not the person whose blood was at the
 scene. &hellip;</quote>
 </para>

-<indexterm startref="idxtcotb" class='endofrange'/>
-<indexterm startref="idxwells" class="endofrange"/>
+<indexterm startref='idxtcotb' class='endofrange'/>
+<indexterm startref='idxwells' class="endofrange"/>

 <para>
 Before I had read about chimeras, I would have said they were
 impossible.  A single person can't have two sets of DNA. The very idea
 <para>
 Before I had read about chimeras, I would have said they were
 impossible.  A single person can't have two sets of DNA. The very idea


@@ -8815,6 +9461,7 @@ that no computer is used to commit this crime. These responses might
 be extreme, but each of them has either been proposed or actually
 implemented.<footnote><para>
 <!-- f2. -->
 be extreme, but each of them has either been proposed or actually
 implemented.<footnote><para>
 <!-- f2. -->

+<indexterm><primary>ISPs (Internet service providers), user identities revealed by</primary></indexterm>

 For an excellent summary, see the report prepared by GartnerG2 and the
 Berkman Center for Internet and Society at Harvard Law School,
 <quote>Copyright and Digital Media in a Post-Napster World,</quote> 27 June 2003,
 For an excellent summary, see the report prepared by GartnerG2 and the
 Berkman Center for Internet and Society at Harvard Law School,
 <quote>Copyright and Digital Media in a Post-Napster World,</quote> 27 June 2003,


@@ -8850,7 +9497,7 @@ Name Students,</quote> <citetitle>Boston Globe</citetitle>, 8 August 2003, D3, a
 </para></footnote>
 
 </para>
 </para></footnote>
 
 </para>

-<indexterm startref="idxchimera" class='endofrange'/>
+<indexterm startref='idxchimera' class='endofrange'/>

 <para>
 Alternatively, we could respond to file sharing the way many kids act
 as though we've responded. We could totally legalize it. Let there be
 <para>
 Alternatively, we could respond to file sharing the way many kids act
 as though we've responded. We could totally legalize it. Let there be


@@ -8940,11 +9587,12 @@ and will kill opportunities that could be extraordinarily valuable.
 <chapter label="12" id="harms">
 <title>CHAPTER TWELVE: Harms</title>
 <para>
 <chapter label="12" id="harms">
 <title>CHAPTER TWELVE: Harms</title>
 <para>

-To fight <quote>piracy,</quote> to protect <quote>property,</quote> the content industry has
-launched a war. Lobbying and lots of campaign contributions have now
-brought the government into this war. As with any war, this one will
-have both direct and collateral damage. As with any war of
-prohibition, these damages will be suffered most by our own people.
+<emphasis role='strong'>To fight</emphasis> <quote>piracy,</quote> to
+protect <quote>property,</quote> the content industry has launched a
+war. Lobbying and lots of campaign contributions have now brought the
+government into this war. As with any war, this one will have both
+direct and collateral damage. As with any war of prohibition, these
+damages will be suffered most by our own people.

 </para>
 <para>
 My aim so far has been to describe the consequences of this war, in
 </para>
 <para>
 My aim so far has been to describe the consequences of this war, in


@@ -9024,6 +9672,11 @@ on remote topics of science or culture. There is a vast amount of creative
 work spread across the Internet. But as the law is currently crafted, this
 work is presumptively illegal.
 </para>
 work spread across the Internet. But as the law is currently crafted, this
 work is presumptively illegal.
 </para>

+<indexterm><primary>Worldcom</primary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>in recording industry</secondary></indexterm>
+<indexterm><primary>doctors malpractice claims against</primary></indexterm>
+<indexterm><primary>Jordan, Jesse</primary></indexterm>

 <para>
 That presumption will increasingly chill creativity, as the
 examples of extreme penalties for vague infringements continue to
 <para>
 That presumption will increasingly chill creativity, as the
 examples of extreme penalties for vague infringements continue to


@@ -9063,7 +9716,6 @@ recent months.
 Can common sense recognize the absurdity in a world where
 the maximum fine for downloading two songs off the Internet is more
 than the fine for a doctor's negligently butchering a patient?
 Can common sense recognize the absurdity in a world where
 the maximum fine for downloading two songs off the Internet is more
 than the fine for a doctor's negligently butchering a patient?

-<indexterm><primary>Worldcom</primary></indexterm>

 </para>
 <indexterm><primary>art, underground</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>art, underground</primary></indexterm>
 <para>


@@ -9095,6 +9747,7 @@ See Danit Lidor, <quote>Artists Just Wanna Be Free,</quote> <citetitle>Wired</ci
 In the act of mixing the culture around us with an expression that is
 critical or reflective.
 </para>
 In the act of mixing the culture around us with an expression that is
 critical or reflective.
 </para>

+<indexterm><primary>ISPs (Internet service providers), user identities revealed by</primary></indexterm>

 <para>
 Part of the reason for this fear of illegality has to do with the
 changing law. I described that change in detail in chapter
 <para>
 Part of the reason for this fear of illegality has to do with the
 changing law. I described that change in detail in chapter


@@ -9107,6 +9760,7 @@ content. It is as if your cassette tape player transmitted a list of
 the songs that you played in the privacy of your own home that anyone
 could tune into for whatever reason they chose.
 </para>
 the songs that you played in the privacy of your own home that anyone
 could tune into for whatever reason they chose.
 </para>

+<indexterm><primary>images, ownership of</primary></indexterm>

 <para>
 Never in our history has a painter had to worry about whether
 his painting infringed on someone else's work; but the modern-day
 <para>
 Never in our history has a painter had to worry about whether
 his painting infringed on someone else's work; but the modern-day


@@ -9180,6 +9834,9 @@ permission. That's the point at which they control it.
 </section>
 <section id="innovators">
 <title>Constraining Innovators</title>
 </section>
 <section id="innovators">
 <title>Constraining Innovators</title>

+<indexterm id='idxcopyrightlawinnovationhamperedby' class='startofrange'><primary>copyright law</primary><secondary>innovation hampered by</secondary></indexterm>
+<indexterm id='idxinnovationindustryestablishmentopposedto2' class='startofrange'><primary>innovation</primary><secondary>industry establishment opposed to</secondary></indexterm>
+<indexterm id='idxregulationasestablishmentprotectionism2' class='startofrange'><primary>regulation</primary><secondary>as establishment protectionism</secondary></indexterm>

 <para>
 The story of the last section was a crunchy-lefty
 story&mdash;creativity quashed, artists who can't speak, yada yada
 <para>
 The story of the last section was a crunchy-lefty
 story&mdash;creativity quashed, artists who can't speak, yada yada


@@ -9188,16 +9845,18 @@ weird art out there, and enough expression that is critical of what
 seems to be just about everything.  And if you think that, you might
 think there's little in this story to worry you.
 </para>
 seems to be just about everything.  And if you think that, you might
 think there's little in this story to worry you.
 </para>

+<indexterm id='idxmarketconstraints2' class='startofrange'><primary>market constraints</primary></indexterm>

 <para>
 But there's an aspect of this story that is not lefty in any sense.
 Indeed, it is an aspect that could be written by the most extreme
 promarket ideologue. And if you're one of these sorts (and a special
 <para>
 But there's an aspect of this story that is not lefty in any sense.
 Indeed, it is an aspect that could be written by the most extreme
 promarket ideologue. And if you're one of these sorts (and a special

-one at that, 188 pages into a book like this), then you can see this
-other aspect by substituting <quote>free market</quote> every place I've spoken of
-<quote>free culture.</quote>  The point is the same, even if the interests
-affecting culture are more fundamental.
+one at that, <xref xrefstyle="select: pagenumber"
+linkend="innovators"/> pages into a book like this), then you
+can see this other aspect by substituting <quote>free market</quote>
+every place I've spoken of <quote>free culture.</quote> The point is
+the same, even if the interests affecting culture are more
+fundamental.

 </para>
 </para>

-<indexterm><primary>market constraints</primary></indexterm>

 <para>
 The charge I've been making about the regulation of culture is the
 same charge free marketers make about regulating markets. Everyone, of
 <para>
 The charge I've been making about the regulation of culture is the
 same charge free marketers make about regulating markets. Everyone, of


@@ -9211,7 +9870,9 @@ perspectives are constantly attuned to the ways in which regulation
 simply enables the powerful industries of today to protect themselves
 against the competitors of tomorrow.
 </para>
 simply enables the powerful industries of today to protect themselves
 against the competitors of tomorrow.
 </para>

+<indexterm startref='idxmarketconstraints2' class='endofrange'/>

 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>

+<indexterm><primary>venture capitalists</primary></indexterm>

 <para>
 This is the single most dramatic effect of the shift in regulatory
 <!-- PAGE BREAK 198 -->
 <para>
 This is the single most dramatic effect of the shift in regulatory
 <!-- PAGE BREAK 198 -->


@@ -9225,11 +9886,15 @@ that were designed and executed to teach venture capitalists a
 lesson. That lesson&mdash;what former Napster CEO Hank Barry calls a
 <quote>nuclear pall</quote> that has fallen over the Valley&mdash;has been learned.
 </para>
 lesson. That lesson&mdash;what former Napster CEO Hank Barry calls a
 <quote>nuclear pall</quote> that has fallen over the Valley&mdash;has been learned.
 </para>

+<indexterm><primary>Future of Ideas, The (Lessig)</primary></indexterm>
+<indexterm><primary>Lessig, Lawrence</primary></indexterm>

 <para>
 Consider one example to make the point, a story whose beginning
 I told in <citetitle>The Future of Ideas</citetitle> and which has progressed in a way that
 even I (pessimist extraordinaire) would never have predicted.
 </para>
 <para>
 Consider one example to make the point, a story whose beginning
 I told in <citetitle>The Future of Ideas</citetitle> and which has progressed in a way that
 even I (pessimist extraordinaire) would never have predicted.
 </para>

+<indexterm id='idxmpcom' class='startofrange'><primary>MP3.com</primary></indexterm>
+<indexterm id='idxmympcom' class='startofrange'><primary>my.mp3.com</primary></indexterm>

 <indexterm><primary>Roberts, Michael</primary></indexterm>
 <para>
 In 1997, Michael Roberts launched a company called MP3.com.  MP3.com
 <indexterm><primary>Roberts, Michael</primary></indexterm>
 <para>
 In 1997, Michael Roberts launched a company called MP3.com.  MP3.com


@@ -9239,13 +9904,14 @@ facilitate new ways to create content. Unlike the major labels,
 MP3.com offered creators a venue to distribute their creativity,
 without demanding an exclusive engagement from the creators.
 </para>
 MP3.com offered creators a venue to distribute their creativity,
 without demanding an exclusive engagement from the creators.
 </para>

+<indexterm><primary>Lovett, Lyle</primary></indexterm>
+<indexterm id='idxcdsprefdata' class='startofrange'><primary>CDs</primary><secondary>preference data on</secondary></indexterm>

 <para>
 To make this system work, however, MP3.com needed a reliable way to
 recommend music to its users. The idea behind this alternative was to
 leverage the revealed preferences of music listeners to recommend new
 artists. If you like Lyle Lovett, you're likely to enjoy Bonnie
 Raitt. And so on.
 <para>
 To make this system work, however, MP3.com needed a reliable way to
 recommend music to its users. The idea behind this alternative was to
 leverage the revealed preferences of music listeners to recommend new
 artists. If you like Lyle Lovett, you're likely to enjoy Bonnie
 Raitt. And so on.

-<indexterm><primary>Lovett, Lyle</primary></indexterm>

 </para>
 <para>
 This idea required a simple way to gather data about user preferences.
 </para>
 <para>
 This idea required a simple way to gather data about user preferences.


@@ -9268,6 +9934,7 @@ my.mp3.com service was to give users access to their own content, and
 as a by-product, by seeing the content they already owned, to discover
 the kind of content the users liked.
 </para>
 as a by-product, by seeing the content they already owned, to discover
 the kind of content the users liked.
 </para>

+<indexterm startref='idxcdsprefdata' class='endofrange'/>

 <para>
 To make this system function, however, MP3.com needed to copy 50,000
 CDs to a server. (In principle, it could have been the user who
 <para>
 To make this system function, however, MP3.com needed to copy 50,000
 CDs to a server. (In principle, it could have been the user who


@@ -9280,9 +9947,13 @@ had a copy of the CD they wanted to access. So while this was 50,000
 copies, it was 50,000 copies directed at giving customers something
 they had already bought.
 </para>
 copies, it was 50,000 copies directed at giving customers something
 they had already bought.
 </para>

-<indexterm id="idxvivendiuniversal" class='startofrange'>
-  <primary>Vivendi Universal</primary>
-</indexterm>
+<indexterm id='idxvivendiuniversal' class='startofrange'><primary>Vivendi Universal</primary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>distribution technology targeted in</secondary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitsinrecordingindustry3' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>in recording industry</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>copyright infringement lawsuits of</secondary></indexterm>
+<indexterm><primary>Recording Industry Association of America (RIAA)</primary><secondary>copyright infringement lawsuits filed by</secondary></indexterm>
+<indexterm><primary>regulation</primary><secondary>outsize penalties of</secondary></indexterm>

 <para>
 Nine days after MP3.com launched its service, the five major labels,
 headed by the RIAA, brought a lawsuit against MP3.com. MP3.com settled
 <para>
 Nine days after MP3.com launched its service, the five major labels,
 headed by the RIAA, brought a lawsuit against MP3.com. MP3.com settled


@@ -9306,6 +9977,7 @@ illegal; therefore, this lawsuit sought to punish any lawyer who had
 dared to suggest that the law was less restrictive than the labels
 demanded.
 </para>
 dared to suggest that the law was less restrictive than the labels
 demanded.
 </para>

+<indexterm startref='idxvivendiuniversal' class='endofrange'/>

 <para>
 The clear purpose of this lawsuit (which was settled for an
 unspecified amount shortly after the story was no longer covered in
 <para>
 The clear purpose of this lawsuit (which was settled for an
 unspecified amount shortly after the story was no longer covered in


@@ -9317,15 +9989,27 @@ industry directs its guns against them. It is also you. So those of
 you who believe the law should be less restrictive should realize that
 such a view of the law will cost you and your firm dearly.
 </para>
 you who believe the law should be less restrictive should realize that
 such a view of the law will cost you and your firm dearly.
 </para>

-<indexterm startref="idxvivendiuniversal" class='endofrange'/>
+<indexterm startref='idxmpcom' class='endofrange'/>
+<indexterm startref='idxmympcom' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsinrecordingindustry3' class='endofrange'/>
+<indexterm><primary>Barry, Hank</primary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>distribution technology targeted in</secondary></indexterm>
+<indexterm id='idxbmw' class='startofrange'><primary>BMW</primary></indexterm>
+<indexterm id='idxcarsmpsoundsystemsin' class='startofrange'><primary>cars, MP3 sound systems in</primary></indexterm>
+<indexterm><primary>EMI</primary></indexterm>

 <indexterm><primary>Hummer, John</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Hummer Winblad</primary></indexterm>
 <indexterm><primary>Hummer, John</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Hummer Winblad</primary></indexterm>

+<indexterm><primary>MP3 players</primary></indexterm>
+<indexterm><primary>Napster</primary><secondary>venture capital for</secondary></indexterm>
+<indexterm id='idxneedlemanrafe' class='startofrange'><primary>Needleman, Rafe</primary></indexterm>
+<indexterm><primary>Universal Music Group</primary></indexterm>
+<indexterm><primary>venture capitalists</primary></indexterm>

 <para>
 This strategy is not just limited to the lawyers. In April 2003,
 Universal and EMI brought a lawsuit against Hummer Winblad, the
 venture capital firm (VC) that had funded Napster at a certain stage of
 <para>
 This strategy is not just limited to the lawyers. In April 2003,
 Universal and EMI brought a lawsuit against Hummer Winblad, the
 venture capital firm (VC) that had funded Napster at a certain stage of

-its development, its cofounder ( John Hummer), and general partner
+its development, its cofounder (John Hummer), and general partner

 (Hank Barry).<footnote><para>
 <!-- f4. -->
 See Joseph Menn, <quote>Universal, EMI Sue Napster Investor,</quote> <citetitle>Los Angeles
 (Hank Barry).<footnote><para>
 <!-- f4. -->
 See Joseph Menn, <quote>Universal, EMI Sue Napster Investor,</quote> <citetitle>Los Angeles


@@ -9348,11 +10032,8 @@ So extreme has the environment become that even car manufacturers are
 afraid of technologies that touch content. In an article in
 <citetitle>Business 2.0</citetitle>, Rafe Needleman describes a
 discussion with BMW:
 afraid of technologies that touch content. In an article in
 <citetitle>Business 2.0</citetitle>, Rafe Needleman describes a
 discussion with BMW:

-<indexterm><primary>EMI</primary></indexterm>
-<indexterm><primary>Universal Music Group</primary></indexterm>

 </para>
 <blockquote>
 </para>
 <blockquote>

-<indexterm><primary>BMW</primary></indexterm>

 <para>
 I asked why, with all the storage capacity and computer power in
 the car, there was no way to play MP3 files. I was told that BMW
 <para>
 I asked why, with all the storage capacity and computer power in
 the car, there was no way to play MP3 files. I was told that BMW


@@ -9371,6 +10052,9 @@ to Dr. Mohammad Al-Ubaydli for this example.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxbmw' class='endofrange'/>
+<indexterm startref='idxcarsmpsoundsystemsin' class='endofrange'/>
+<indexterm startref='idxneedlemanrafe' class='endofrange'/>

 <para>
 This is the world of the mafia&mdash;filled with <quote>your money or your
 life</quote> offers, governed in the end not by courts but by the threats
 <para>
 This is the world of the mafia&mdash;filled with <quote>your money or your
 life</quote> offers, governed in the end not by courts but by the threats


@@ -9425,10 +10109,14 @@ do everything it can to limit the reach of the
 law where the law is not doing any good. The transaction costs buried
 within a permission culture are enough to bury a wide range of
 creativity.  Someone needs to do a lot of justifying to justify that
 law where the law is not doing any good. The transaction costs buried
 within a permission culture are enough to bury a wide range of
 creativity.  Someone needs to do a lot of justifying to justify that

-result.  The uncertainty of the law is one burden on innovation. There
-is a second burden that operates more directly. This is the effort by
-many in the content industry to use the law to directly regulate the
-technology of the Internet so that it better protects their content.
+result.
+</para>
+<para>
+<emphasis role='strong'>The uncertainty</emphasis> of the law is one
+burden on innovation. There is a second burden that operates more
+directly. This is the effort by many in the content industry to use
+the law to directly regulate the technology of the Internet so that it
+better protects their content.

 </para>
 <para>
 The motivation for this response is obvious. The Internet enables the
 </para>
 <para>
 The motivation for this response is obvious. The Internet enables the


@@ -9440,6 +10128,7 @@ of content.  One obvious response to this efficiency is thus to make
 the Internet less efficient. If the Internet enables <quote>piracy,</quote> then,
 this response says, we should break the kneecaps of the Internet.
 </para>
 the Internet less efficient. If the Internet enables <quote>piracy,</quote> then,
 this response says, we should break the kneecaps of the Internet.
 </para>

+<indexterm><primary>broadcast flag</primary></indexterm>

 <para>
 The examples of this form of legislation are many. At the urging of
 the content industry, some in Congress have threatened legislation that
 <para>
 The examples of this form of legislation are many. At the urging of
 the content industry, some in Congress have threatened legislation that


@@ -9471,6 +10160,7 @@ and costs on
 the technology, but will likely be eclipsed by advances around exactly
 those requirements.
 </para>
 the technology, but will likely be eclipsed by advances around exactly
 those requirements.
 </para>

+<indexterm><primary>Intel</primary></indexterm>

 <para>
 In March 2002, a broad coalition of technology companies, led by
 Intel, tried to get Congress to see the harm that such legislation
 <para>
 In March 2002, a broad coalition of technology companies, led by
 Intel, tried to get Congress to see the harm that such legislation


@@ -9482,12 +10172,11 @@ February 2002 (Entertainment).
 Their argument was obviously not that copyright should not be
 protected. Instead, they argued, any protection should not do more
 harm than good.
 Their argument was obviously not that copyright should not be
 protected. Instead, they argued, any protection should not do more
 harm than good.

-<indexterm><primary>Intel</primary></indexterm>

 </para>
 <para>
 </para>
 <para>

-There is one more obvious way in which this war has harmed
-innovation&mdash;again, a story that will be quite familiar to the
-free market crowd.
+<emphasis role='strong'>There is one</emphasis> more obvious way in
+which this war has harmed innovation&mdash;again, a story that will be
+quite familiar to the free market crowd.

 </para>
 <para>
 Copyright may be property, but like all property, it is also a form
 </para>
 <para>
 Copyright may be property, but like all property, it is also a form


@@ -9495,6 +10184,10 @@ of regulation. It is a regulation that benefits some and harms others.
 When done right, it benefits creators and harms leeches. When done
 wrong, it is regulation the powerful use to defeat competitors.
 </para>
 When done right, it benefits creators and harms leeches. When done
 wrong, it is regulation the powerful use to defeat competitors.
 </para>

+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
+<indexterm><primary>VCRs</primary></indexterm>
+<indexterm><primary>statutory licenses</primary></indexterm>
+<indexterm><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>

 <para>
 As I described in chapter <xref xrefstyle="select: labelnumber"
 linkend="property-i"/>, despite this feature of copyright as
 <para>
 As I described in chapter <xref xrefstyle="select: labelnumber"
 linkend="property-i"/>, despite this feature of copyright as


@@ -9504,6 +10197,7 @@ Copyright</citetitle>,<footnote><para>
 <!-- f9. -->
 Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst,
 N.Y.: Prometheus Books, 2001).
 <!-- f9. -->
 Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst,
 N.Y.: Prometheus Books, 2001).

+<indexterm><primary>Digital Copyright (Litman)</primary></indexterm>

 <indexterm><primary>Litman, Jessica</primary></indexterm>
 </para></footnote>
 overall this history of copyright is not bad. As chapter 10 details,
 <indexterm><primary>Litman, Jessica</primary></indexterm>
 </para></footnote>
 overall this history of copyright is not bad. As chapter 10 details,


@@ -9519,9 +10213,12 @@ the claims of a new technology and the legitimate rights of content
 creators, both the courts and Congress have imposed legal restrictions
 that will have the effect of smothering the new to benefit the old.
 </para>
 creators, both the courts and Congress have imposed legal restrictions
 that will have the effect of smothering the new to benefit the old.
 </para>

+<indexterm id='idxinternetradioon' class='startofrange'><primary>Internet</primary><secondary>radio on</secondary></indexterm>
+<indexterm id='idxradiooninternet' class='startofrange'><primary>radio</primary><secondary>on Internet</secondary></indexterm>

 <para>
 The response by the courts has been fairly universal.<footnote><para>
 <!-- f10. -->
 <para>
 The response by the courts has been fairly universal.<footnote><para>
 <!-- f10. -->

+<indexterm><primary>Grokster, Ltd.</primary></indexterm>

 The only circuit court exception is found in <citetitle>Recording Industry
 Association of America (RIAA)</citetitle> v. <citetitle>Diamond Multimedia Systems</citetitle>, 180 F. 3d
 1072 (9th Cir. 1999). There the court of appeals for the Ninth Circuit
 The only circuit court exception is found in <citetitle>Recording Industry
 Association of America (RIAA)</citetitle> v. <citetitle>Diamond Multimedia Systems</citetitle>, 180 F. 3d
 1072 (9th Cir. 1999). There the court of appeals for the Ninth Circuit


@@ -9540,6 +10237,7 @@ It has been mirrored in the responses threatened and actually
 implemented by Congress. I won't catalog all of those responses
 here.<footnote><para>
 <!-- f11. -->
 implemented by Congress. I won't catalog all of those responses
 here.<footnote><para>
 <!-- f11. -->

+<indexterm><primary>Tauzin, Billy</primary></indexterm>

 For example, in July 2002, Representative Howard Berman introduced the
 Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize
 copyright holders from liability for damage done to computers when the
 For example, in July 2002, Representative Howard Berman introduced the
 Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize
 copyright holders from liability for damage done to computers when the


@@ -9556,10 +10254,13 @@ available at
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.
 <indexterm><primary>Berman, Howard L.</primary></indexterm>
 <indexterm><primary>Hollings, Fritz</primary></indexterm>
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.
 <indexterm><primary>Berman, Howard L.</primary></indexterm>
 <indexterm><primary>Hollings, Fritz</primary></indexterm>

+<indexterm><primary>broadcast flag</primary></indexterm>

 </para></footnote>
 But there is one example that captures the flavor of them all. This is
 the story of the demise of Internet radio.
 </para>
 </para></footnote>
 But there is one example that captures the flavor of them all. This is
 the story of the demise of Internet radio.
 </para>

+<indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm><primary>Kennedy, John F.</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 204 -->
 <para>
 
 <!-- PAGE BREAK 204 -->


@@ -9572,7 +10273,6 @@ performance before President Kennedy at Madison Square Garden&mdash;
 then whenever that recording was played on the radio, the current
 copyright owners of <quote>Happy Birthday</quote> would get some money, whereas
 Marilyn Monroe would not.
 then whenever that recording was played on the radio, the current
 copyright owners of <quote>Happy Birthday</quote> would get some money, whereas
 Marilyn Monroe would not.

-<indexterm><primary>Kennedy, John F.</primary></indexterm>

 </para>
 <para>
 The reasoning behind this balance struck by Congress makes some
 </para>
 <para>
 The reasoning behind this balance struck by Congress makes some


@@ -9657,6 +10357,15 @@ those imposed by the law. Copyright law is one such law. So the first
 question we should ask is, what copyright rules would govern Internet
 radio?
 </para>
 question we should ask is, what copyright rules would govern Internet
 radio?
 </para>

+<indexterm id='idxartistsrecordingindustrypaymentsto3' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on radio</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxrecordingindustryartistremunerationin3' class='startofrange'><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm id='idxrecordingindustryradiobroadcastand2' class='startofrange'><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm id='idxrecordingindustryinternetradiohamperedby' class='startofrange'><primary>recording industry</primary><secondary>Internet radio hampered by</secondary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaaoninternetradiofees' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>on Internet radio fees</secondary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaalobbyingpowerof' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>lobbying power of</secondary></indexterm>

 <para>
 But here the power of the lobbyists is reversed. Internet radio is a
 new industry. The recording artists, on the other hand, have a very
 <para>
 But here the power of the lobbyists is reversed. Internet radio is a
 new industry. The recording artists, on the other hand, have a very


@@ -9703,6 +10412,11 @@ interests, that could have been done in a media-neutral way.</quote>
 A regular radio station broadcasting the same content would pay no
 equivalent fee.
 </para>
 A regular radio station broadcasting the same content would pay no
 equivalent fee.
 </para>

+<indexterm startref='idxartistsrecordingindustrypaymentsto3' class='endofrange'/>
+<indexterm startref='idxrecordingindustryartistremunerationin3' class='endofrange'/>
+<indexterm startref='idxrecordingindustryradiobroadcastand2' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaaoninternetradiofees' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaalobbyingpowerof' class='endofrange'/>

 <para>
 The burden is not financial only. Under the original rules that were
 proposed, an Internet radio station (but not a terrestrial radio
 <para>
 The burden is not financial only. Under the original rules that were
 proposed, an Internet radio station (but not a terrestrial radio


@@ -9787,7 +10501,7 @@ unique user identifier;
 the country in which the user received the transmissions.
 </para></listitem>
 </orderedlist>
 the country in which the user received the transmissions.
 </para></listitem>
 </orderedlist>

-
+<indexterm><primary>Library of Congress</primary></indexterm>

 <para>
 The Librarian of Congress eventually suspended these reporting
 requirements, pending further study. And he also changed the original
 <para>
 The Librarian of Congress eventually suspended these reporting
 requirements, pending further study. And he also changed the original


@@ -9802,9 +10516,10 @@ economic consequences from Internet radio that would justify these
 differences? Was the motive to protect artists against piracy?
 </para>
 <indexterm><primary>Real Networks</primary></indexterm>
 differences? Was the motive to protect artists against piracy?
 </para>
 <indexterm><primary>Real Networks</primary></indexterm>

-<indexterm id='idxalbenalex2' class='startofrange'>
-  <primary>Alben, Alex</primary>
-</indexterm>
+<indexterm id='idxalbenalex2' class='startofrange'><primary>Alben, Alex</primary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaaoninternetradiofees2' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>on Internet radio fees</secondary></indexterm>
+<indexterm id='idxartistsrecordingindustrypaymentsto4' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm id='idxrecordingindustryartistremunerationin4' class='startofrange'><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>

 <para>
 In a rare bit of candor, one RIAA expert admitted what seemed obvious
 to everyone at the time. As Alex Alben, vice president for Public
 <para>
 In a rare bit of candor, one RIAA expert admitted what seemed obvious
 to everyone at the time. As Alex Alben, vice president for Public


@@ -9826,6 +10541,7 @@ that should establish the market rate, and if you set the rate so
 high, you're going to drive the small webcasters out of
 business. &hellip;</quote>
 </para>
 high, you're going to drive the small webcasters out of
 business. &hellip;</quote>
 </para>

+<indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

 <para>
 And the RIAA experts said, <quote>Well, we don't really model this as an
 industry with thousands of webcasters, <emphasis>we think it should be
 <para>
 And the RIAA experts said, <quote>Well, we don't really model this as an
 industry with thousands of webcasters, <emphasis>we think it should be


@@ -9835,6 +10551,9 @@ added.)
 </para>
 </blockquote>
 <indexterm startref='idxalbenalex2' class='endofrange'/>
 </para>
 </blockquote>
 <indexterm startref='idxalbenalex2' class='endofrange'/>

+<indexterm startref='idxrecordingindustryassociationofamericariaaoninternetradiofees2' class='endofrange'/>
+<indexterm startref='idxartistsrecordingindustrypaymentsto4' class='endofrange'/>
+<indexterm startref='idxrecordingindustryartistremunerationin4' class='endofrange'/>

 <para>
 Translation: The aim is to use the law to eliminate competition, so
 that this platform of potentially immense competition, which would
 <para>
 Translation: The aim is to use the law to eliminate competition, so
 that this platform of potentially immense competition, which would


@@ -9844,6 +10563,12 @@ or the left, who should endorse this use of the law. And yet there is
 practically no one, on either the right or the left, who is doing anything
 effective to prevent it.
 </para>
 practically no one, on either the right or the left, who is doing anything
 effective to prevent it.
 </para>

+<indexterm startref='idxcopyrightlawinnovationhamperedby' class='endofrange'/>
+<indexterm startref='idxinnovationindustryestablishmentopposedto2' class='endofrange'/>
+<indexterm startref='idxregulationasestablishmentprotectionism2' class='endofrange'/>
+<indexterm startref='idxinternetradioon' class='endofrange'/>
+<indexterm startref='idxradiooninternet' class='endofrange'/>
+<indexterm startref='idxrecordingindustryinternetradiohamperedby' class='endofrange'/>

 </section>
 <section id="corruptingcitizens">
 <title>Corrupting Citizens</title>
 </section>
 <section id="corruptingcitizens">
 <title>Corrupting Citizens</title>


@@ -9908,6 +10633,7 @@ is an embarrassment to our tradition. And the consequence of our law
 as it is, is that those with the power can use the law to quash any rights
 they oppose.
 </para>
 as it is, is that those with the power can use the law to quash any rights
 they oppose.
 </para>

+<indexterm><primary>alcohol prohibition</primary></indexterm>

 <para>
 Wars of prohibition are nothing new in America. This one is just
 something more extreme than anything we've seen before. We
 <para>
 Wars of prohibition are nothing new in America. This one is just
 something more extreme than anything we've seen before. We


@@ -9944,8 +10670,8 @@ compliance literature).
 We pride ourselves on our <quote>free society,</quote> but an endless array of
 ordinary behavior is regulated within our society. And as a result, a
 huge proportion of Americans regularly violate at least some law.
 We pride ourselves on our <quote>free society,</quote> but an endless array of
 ordinary behavior is regulated within our society. And as a result, a
 huge proportion of Americans regularly violate at least some law.

-<indexterm><primary>alcohol prohibition</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>law schools</primary></indexterm>

 <para>
 This state of affairs is not without consequence. It is a particularly
 salient issue for teachers like me, whose job it is to teach law
 <para>
 This state of affairs is not without consequence. It is a particularly
 salient issue for teachers like me, whose job it is to teach law


@@ -9962,7 +10688,6 @@ Americans&mdash;more significantly in some parts of America than in
 others, but still, everywhere in America today&mdash;can't live their
 lives both normally and legally, since <quote>normally</quote> entails a certain
 degree of illegality.
 others, but still, everywhere in America today&mdash;can't live their
 lives both normally and legally, since <quote>normally</quote> entails a certain
 degree of illegality.

-<indexterm><primary>law schools</primary></indexterm>

 </para>
 <para>
 The response to this general illegality is either to enforce the law
 </para>
 <para>
 The response to this general illegality is either to enforce the law


@@ -10033,7 +10758,8 @@ Apple Corporation went so far as to suggest that <quote>freedom</quote> was a
 right: In a series of commercials, Apple endorsed the <quote>Rip, Mix, Burn</quote>
 capacities of digital technologies.
 </para>
 right: In a series of commercials, Apple endorsed the <quote>Rip, Mix, Burn</quote>
 capacities of digital technologies.
 </para>

-<indexterm><primary>Adromeda</primary></indexterm>
+<indexterm><primary>Andromeda</primary></indexterm>
+<indexterm id='idxcdsmix' class='startofrange'><primary>CDs</primary><secondary>mix technology and</secondary></indexterm>

 <para>
 This <quote>use</quote> of my records is certainly valuable. I have begun a large
 process at home of ripping all of my and my wife's CDs, and storing
 <para>
 This <quote>use</quote> of my records is certainly valuable. I have begun a large
 process at home of ripping all of my and my wife's CDs, and storing


@@ -10069,6 +10795,7 @@ the world where we either listened to music by manipulating pieces of
 plastic or were part of a massively complex <quote>digital rights
 management</quote> system.
 </para>
 plastic or were part of a massively complex <quote>digital rights
 management</quote> system.
 </para>

+<indexterm startref='idxcdsmix' class='endofrange'/>

 <para>
 If the only way to assure that artists get paid were the elimination
 of the ability to freely move content, then these technologies to
 <para>
 If the only way to assure that artists get paid were the elimination
 of the ability to freely move content, then these technologies to


@@ -10112,19 +10839,22 @@ understandable why we as a democracy continue to choose as we do. Jack
 
 Valenti is charming; but not so charming as to justify giving up a
 tradition as deep and important as our tradition of free culture.
 
 Valenti is charming; but not so charming as to justify giving up a
 tradition as deep and important as our tradition of free culture.

-There's one more aspect to this corruption that is particularly
-important to civil liberties, and follows directly from any war of
-prohibition.  As Electronic Frontier Foundation attorney Fred von
-Lohmann describes, this is the <quote>collateral damage</quote> that <quote>arises
-whenever you turn a very large percentage of the population into
-criminals.</quote> This is the collateral damage to civil liberties
-generally.
+</para>

 <indexterm><primary>Electronic Frontier Foundation</primary></indexterm>
 <indexterm><primary>Electronic Frontier Foundation</primary></indexterm>

+<indexterm id='idxisps' class='startofrange'><primary>ISPs (Internet service providers), user identities revealed by</primary></indexterm>
+<para>
+<emphasis role='strong'>There's one more</emphasis> aspect to this
+corruption that is particularly important to civil liberties, and
+follows directly from any war of prohibition.  As Electronic Frontier
+Foundation attorney Fred von Lohmann describes, this is the
+<quote>collateral damage</quote> that <quote>arises whenever you turn
+a very large percentage of the population into criminals.</quote> This
+is the collateral damage to civil liberties generally.

 </para>
 </para>

+<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 <para>
 <quote>If you can treat someone as a putative lawbreaker,</quote> von Lohmann
 explains,
 <para>
 <quote>If you can treat someone as a putative lawbreaker,</quote> von Lohmann
 explains,

-<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>


@@ -10220,6 +10950,8 @@ Are Weapons at Universities,</quote> <citetitle>USA Today</citetitle>, 26 Septem
 your daughter can lose the right to use the university's computer
 network.  She can, in some cases, be expelled.
 </para>
 your daughter can lose the right to use the university's computer
 network.  She can, in some cases, be expelled.
 </para>

+<indexterm startref='idxisps' class='endofrange'/>
+<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 <para>
 Now, of course, she'll have the right to defend herself. You can hire
 a lawyer for her (at $300 per hour, if you're lucky), and she can
 <para>
 Now, of course, she'll have the right to defend herself. You can hire
 a lawyer for her (at $300 per hour, if you're lucky), and she can


@@ -10233,7 +10965,6 @@ college students
 have already learned, our presumptions about innocence disappear in
 the middle of wars of prohibition. This war is no different.
 Says von Lohmann,
 have already learned, our presumptions about innocence disappear in
 the middle of wars of prohibition. This war is no different.
 Says von Lohmann,

-<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>


@@ -10275,10 +11006,11 @@ effort through our democracy to change our law?
 
 <!-- PAGE BREAK 218 -->
 <para>
 
 <!-- PAGE BREAK 218 -->
 <para>

-So here's the picture: You're standing at the side of the road. Your
-car is on fire. You are angry and upset because in part you helped start
-the fire. Now you don't know how to put it out. Next to you is a bucket,
-filled with gasoline. Obviously, gasoline won't put the fire out.
+<emphasis role='strong'>So here's</emphasis> the picture: You're
+standing at the side of the road. Your car is on fire. You are angry
+and upset because in part you helped start the fire. Now you don't
+know how to put it out. Next to you is a bucket, filled with
+gasoline. Obviously, gasoline won't put the fire out.

 </para>
 <para>
 As you ponder the mess, someone else comes along. In a panic, she
 </para>
 <para>
 As you ponder the mess, someone else comes along. In a panic, she


@@ -10289,12 +11021,13 @@ blazing car. And the fire that gasoline will ignite is about to ignite
 everything around.
 </para>
 <para>
 everything around.
 </para>
 <para>

-A war about copyright rages all around&mdash;and we're all focusing on
-the wrong thing. No doubt, current technologies threaten existing
-businesses.  No doubt they may threaten artists. But technologies
-change.  The industry and technologists have plenty of ways to use
-technology to protect themselves against the current threats of the
-Internet. This is a fire that if let alone would burn itself out.
+<emphasis role='strong'>A war</emphasis> about copyright rages all
+around&mdash;and we're all focusing on the wrong thing. No doubt,
+current technologies threaten existing businesses.  No doubt they may
+threaten artists. But technologies change.  The industry and
+technologists have plenty of ways to use technology to protect
+themselves against the current threats of the Internet. This is a fire
+that if let alone would burn itself out.

 </para>
 <para>
 <!-- PAGE BREAK 219 -->
 </para>
 <para>
 <!-- PAGE BREAK 219 -->


@@ -10328,18 +11061,19 @@ success will require.
 <!-- PAGE BREAK 220 -->
 <chapter label="13" id="eldred">
 <title>CHAPTER THIRTEEN: Eldred</title>
 <!-- PAGE BREAK 220 -->
 <chapter label="13" id="eldred">
 <title>CHAPTER THIRTEEN: Eldred</title>

-<indexterm id="idxhawthornenathaniel" class='startofrange'>
-  <primary>Hawthorne, Nathaniel</primary>
-</indexterm>
+<indexterm id='idxeldrederic' class='startofrange'><primary>Eldred, Eric</primary></indexterm>
+<indexterm id='idxhawthornenathaniel' class='startofrange'><primary>Hawthorne, Nathaniel</primary></indexterm>

 <para>
 <para>

-In 1995, a father was frustrated that his daughters didn't seem to
-like Hawthorne. No doubt there was more than one such father, but at
-least one did something about it. Eric Eldred, a retired computer
-programmer living in New Hampshire, decided to put Hawthorne on the
-Web. An electronic version, Eldred thought, with links to pictures and
-explanatory text, would make this nineteenth-century author's work
-come alive.
+<emphasis role='strong'>In 1995</emphasis>, a father was frustrated
+that his daughters didn't seem to like Hawthorne. No doubt there was
+more than one such father, but at least one did something about
+it. Eric Eldred, a retired computer programmer living in New
+Hampshire, decided to put Hawthorne on the Web. An electronic version,
+Eldred thought, with links to pictures and explanatory text, would
+make this nineteenth-century author's work come alive.

 </para>
 </para>

+<indexterm id='idxlibrariesofpublicdomainliterature' class='startofrange'><primary>libraries</primary><secondary>of public-domain literature</secondary></indexterm>
+<indexterm id='idxpublicdomainlibraryofworksderivedfrom' class='startofrange'><primary>public domain</primary><secondary>library of works derived from</secondary></indexterm>

 <para>
 It didn't work&mdash;at least for his daughters. They didn't find
 Hawthorne any more interesting than before. But Eldred's experiment
 <para>
 It didn't work&mdash;at least for his daughters. They didn't find
 Hawthorne any more interesting than before. But Eldred's experiment


@@ -10347,6 +11081,8 @@ gave birth to a hobby, and his hobby begat a cause: Eldred would build
 a library of public domain works by scanning these works and making
 them available for free.
 </para>
 a library of public domain works by scanning these works and making
 them available for free.
 </para>

+<indexterm id='idxdisneywalt5' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm><primary>Grimm fairy tales</primary></indexterm>

 <para>
 Eldred's library was not simply a copy of certain public domain
 works, though even a copy would have been of great value to people
 <para>
 Eldred's library was not simply a copy of certain public domain
 works, though even a copy would have been of great value to people


@@ -10358,6 +11094,7 @@ accessible to the twentieth century, Eldred transformed Hawthorne, and
 many others, into a form more accessible&mdash;technically
 accessible&mdash;today.
 </para>
 many others, into a form more accessible&mdash;technically
 accessible&mdash;today.
 </para>

+<indexterm><primary>Scarlet Letter, The (Hawthorne)</primary></indexterm>

 <para>
 Eldred's freedom to do this with Hawthorne's work grew from the same
 source as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed into the
 <para>
 Eldred's freedom to do this with Hawthorne's work grew from the same
 source as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed into the


@@ -10370,7 +11107,8 @@ animated cartoons, sometimes successfully (<citetitle>Cinderella</citetitle>), s
 (<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure Planet</citetitle>). These are all
 commercial publications of public domain works.
 </para>
 (<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure Planet</citetitle>). These are all
 commercial publications of public domain works.
 </para>

-<indexterm startref="idxhawthornenathaniel" class='endofrange'/>
+<indexterm startref='idxhawthornenathaniel' class='endofrange'/>
+<indexterm startref='idxdisneywalt5' class='endofrange'/>

 <para>
 The Internet created the possibility of noncommercial publications of
 public domain works. Eldred's is just one example. There are literally
 <para>
 The Internet created the possibility of noncommercial publications of
 public domain works. Eldred's is just one example. There are literally


@@ -10383,6 +11121,7 @@ social causes. But with the Internet, it includes a wide range of
 individuals and groups dedicated to spreading culture
 generally.<footnote><para>
 <!-- f1. -->
 individuals and groups dedicated to spreading culture
 generally.<footnote><para>
 <!-- f1. -->

+<indexterm><primary>pornography</primary></indexterm>

 There's a parallel here with pornography that is a bit hard to
 describe, but it's a strong one. One phenomenon that the Internet
 created was a world of noncommercial pornographers&mdash;people who
 There's a parallel here with pornography that is a bit hard to
 describe, but it's a strong one. One phenomenon that the Internet
 created was a world of noncommercial pornographers&mdash;people who


@@ -10399,6 +11138,13 @@ world before the Internet were extremely few. Yet one would think it
 at least as important to protect the Eldreds of the world as to
 protect noncommercial pornographers.</para></footnote>
 </para>
 at least as important to protect the Eldreds of the world as to
 protect noncommercial pornographers.</para></footnote>
 </para>

+<indexterm id='idxcongressuscopyrighttermsextendedby2' class='startofrange'><primary>Congress, U.S.</primary><secondary>copyright terms extended by</secondary></indexterm>
+<indexterm id='idxcopyrightdurationof6' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcopyrightlawtermextensionsin2' class='startofrange'><primary>copyright law</primary><secondary>term extensions in</secondary></indexterm>
+<indexterm><primary>Frost, Robert</primary></indexterm>
+<indexterm><primary>New Hampshire (Frost)</primary></indexterm>
+<indexterm><primary>patents</primary><secondary>in public domain</secondary></indexterm>
+<indexterm id='idxpatentsfuturepatentsvsfuturecopyrightsin' class='startofrange'><primary>patents</primary><secondary>future patents vs. future copyrights in</secondary></indexterm>

 <para>
 As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's
 collection of poems <citetitle>New Hampshire</citetitle> was slated to
 <para>
 As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's
 collection of poems <citetitle>New Hampshire</citetitle> was slated to


@@ -10413,6 +11159,12 @@ would pass into the public domain until that year (and not even then,
 if Congress extends the term again). By contrast, in the same period,
 more than 1 million patents will pass into the public domain.
 </para>
 if Congress extends the term again). By contrast, in the same period,
 more than 1 million patents will pass into the public domain.
 </para>

+<indexterm startref='idxlibrariesofpublicdomainliterature' class='endofrange'/>
+<indexterm startref='idxpublicdomainlibraryofworksderivedfrom' class='endofrange'/>
+<indexterm><primary>Bono, Mary</primary></indexterm>
+<indexterm><primary>Bono, Sonny</primary></indexterm>
+<indexterm id='idxcopyrightinperpetuity4' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm id='idxsonnybonocopyrighttermextensionactctea2' class='startofrange'><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 222 -->
 <para>
 
 <!-- PAGE BREAK 222 -->


@@ -10421,6 +11173,8 @@ This was the Sonny Bono Copyright Term Extension Act
 Sonny Bono, who, his widow, Mary Bono, says, believed that 
 <quote>copyrights should be forever.</quote><footnote><para>
 <!-- f2. -->
 Sonny Bono, who, his widow, Mary Bono, says, believed that 
 <quote>copyrights should be forever.</quote><footnote><para>
 <!-- f2. -->

+<indexterm><primary>Bono, Mary</primary></indexterm>
+<indexterm><primary>Bono, Sonny</primary></indexterm>

 The full text is: <quote>Sonny [Bono] wanted the term of copyright
 protection to last forever. I am informed by staff that such a change
 would violate the Constitution. I invite all of you to work with me to
 The full text is: <quote>Sonny [Bono] wanted the term of copyright
 protection to last forever. I am informed by staff that such a change
 would violate the Constitution. I invite all of you to work with me to


@@ -10429,8 +11183,12 @@ you know, there is also Jack Valenti's proposal for a term to last
 forever less one day. Perhaps the Committee may look at that next
 Congress,</quote> 144 Cong. Rec. H9946, 9951-2 (October 7, 1998).
 </para></footnote>
 forever less one day. Perhaps the Committee may look at that next
 Congress,</quote> 144 Cong. Rec. H9946, 9951-2 (October 7, 1998).
 </para></footnote>

-

 </para>
 </para>

+<indexterm startref='idxpatentsfuturepatentsvsfuturecopyrightsin' class='endofrange'/>
+<indexterm><primary>copyright law</primary><secondary>felony punishment for infringement of</secondary></indexterm>
+<indexterm><primary>NET (No Electronic Theft) Act (1998)</primary></indexterm>
+<indexterm><primary>No Electronic Theft (NET) Act (1998)</primary></indexterm>
+<indexterm><primary>peer-to-peer (p2p) file sharing</primary><secondary>felony punishments for</secondary></indexterm>

 <para>
 Eldred decided to fight this law. He first resolved to fight it through
 civil disobedience. In a series of interviews, Eldred announced that he
 <para>
 Eldred decided to fight this law. He first resolved to fight it through
 civil disobedience. In a series of interviews, Eldred announced that he


@@ -10440,6 +11198,11 @@ of publishing would make Eldred a felon&mdash;whether or not anyone
 complained. This was a dangerous strategy for a disabled programmer
 to undertake.
 </para>
 complained. This was a dangerous strategy for a disabled programmer
 to undertake.
 </para>

+<indexterm startref='idxsonnybonocopyrighttermextensionactctea2' class='endofrange'/>
+<indexterm id='idxcongressusconstitutionalpowersof' class='startofrange'><primary>Congress, U.S.</primary><secondary>constitutional powers of</secondary></indexterm>
+<indexterm id='idxconstitutionusprogressclauseof2' class='startofrange'><primary>Constitution, U.S.</primary><secondary>Progress Clause of</secondary></indexterm>
+<indexterm id='idxprogressclause2' class='startofrange'><primary>Progress Clause</primary></indexterm>
+<indexterm id='idxlessiglawrenceeldredcaseinvolvementof' class='startofrange'><primary>Lessig, Lawrence</primary><secondary>Eldred case involvement of</secondary></indexterm>

 <para>
 It was here that I became involved in Eldred's battle. I was a 
                constitutional
 <para>
 It was here that I became involved in Eldred's battle. I was a 
                constitutional


@@ -10457,6 +11220,7 @@ by securing for limited Times to Authors &hellip; exclusive Right to
 their &hellip; Writings. &hellip;
 </para>
 </blockquote>
 their &hellip; Writings. &hellip;
 </para>
 </blockquote>

+<indexterm startref='idxeldrederic' class='endofrange'/>

 <para>
 As I've described, this clause is unique within the power-granting
 clause of Article I, section 8 of our Constitution. Every other clause
 <para>
 As I've described, this clause is unique within the power-granting
 clause of Article I, section 8 of our Constitution. Every other clause


@@ -10467,6 +11231,10 @@ specific&mdash;to <quote>promote &hellip; Progress</quote>&mdash;through means t
 are also specific&mdash; by <quote>securing</quote> <quote>exclusive Rights</quote> (i.e.,
 copyrights) <quote>for limited Times.</quote>
 </para>
 are also specific&mdash; by <quote>securing</quote> <quote>exclusive Rights</quote> (i.e.,
 copyrights) <quote>for limited Times.</quote>
 </para>

+<indexterm startref='idxconstitutionusprogressclauseof2' class='endofrange'/>
+<indexterm startref='idxprogressclause2' class='endofrange'/>
+<indexterm startref='idxlessiglawrenceeldredcaseinvolvementof' class='endofrange'/>
+<indexterm><primary>Jaszi, Peter</primary></indexterm>

 <para>
 In the past forty years, Congress has gotten into the practice of
 extending existing terms of copyright protection. What puzzled me
 <para>
 In the past forty years, Congress has gotten into the practice of
 extending existing terms of copyright protection. What puzzled me


@@ -10477,8 +11245,10 @@ no practical effect. If every time a copyright is about to expire,
 Congress has the power to extend its term, then Congress can achieve
 what the Constitution plainly forbids&mdash;perpetual terms <quote>on the
 installment plan,</quote> as Professor Peter Jaszi so nicely put it.
 Congress has the power to extend its term, then Congress can achieve
 what the Constitution plainly forbids&mdash;perpetual terms <quote>on the
 installment plan,</quote> as Professor Peter Jaszi so nicely put it.

-<indexterm><primary>Jaszi, Peter</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcopyrightinperpetuity4' class='endofrange'/>
+<indexterm startref='idxcongressusconstitutionalpowersof' class='endofrange'/>
+<indexterm><primary>Lessig, Lawrence</primary><secondary>Eldred case involvement of</secondary></indexterm>

 <para>
 As an academic, my first response was to hit the books. I remember
 sitting late at the office, scouring on-line databases for any serious
 <para>
 As an academic, my first response was to hit the books. I remember
 sitting late at the office, scouring on-line databases for any serious


@@ -10613,18 +11383,20 @@ Alan K. Ota, <quote>Disney in Washington: The Mouse That Roars,</quote>
 
 </para>
 <para>
 
 </para>
 <para>

-Constitutional law is not oblivious to the obvious. Or at least,
-it need not be. So when I was considering Eldred's complaint, this 
-               reality
-about the never-ending incentives to increase the copyright term
-was central to my thinking. In my view, a pragmatic court committed
-to interpreting and applying the Constitution of our framers would see
-that if Congress has the power to extend existing terms, then there
-would be no effective constitutional requirement that terms be 
-               <quote>limited.</quote>
-If they could extend it once, they would extend it again and again
-and again.
+<emphasis role='strong'>Constitutional law</emphasis> is not oblivious
+to the obvious. Or at least, it need not be. So when I was considering
+Eldred's complaint, this reality about the never-ending incentives to
+increase the copyright term was central to my thinking. In my view, a
+pragmatic court committed to interpreting and applying the
+Constitution of our framers would see that if Congress has the power
+to extend existing terms, then there would be no effective
+constitutional requirement that terms be <quote>limited.</quote> If
+they could extend it once, they would extend it again and again and
+again.

 </para>
 </para>

+<indexterm startref='idxcongressuscopyrighttermsextendedby2' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof6' class='endofrange'/>
+<indexterm startref='idxcopyrightlawtermextensionsin2' class='endofrange'/>

 <para>
 It was also my judgment that <emphasis>this</emphasis> Supreme Court
 would not allow Congress to extend existing terms. As anyone close to
 <para>
 It was also my judgment that <emphasis>this</emphasis> Supreme Court
 would not allow Congress to extend existing terms. As anyone close to


@@ -10719,9 +11491,14 @@ its politics struck me as extraordinarily boring.  I was not going to
 devote my life to teaching constitutional law if these nine Justices
 were going to be petty politicians.
 </para>
 devote my life to teaching constitutional law if these nine Justices
 were going to be petty politicians.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>copyright purpose established in</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>constitutional purpose of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 <para>

-Now let's pause for a moment to make sure we understand what the
-argument in <citetitle>Eldred</citetitle> was not about. By insisting on the
+<emphasis role='strong'>Now let's pause</emphasis> for a moment to
+make sure we understand what the argument in
+<citetitle>Eldred</citetitle> was not about. By insisting on the

 Constitution's limits to copyright, obviously Eldred was not endorsing
 piracy.  Indeed, in an obvious sense, he was fighting a kind of
 piracy&mdash;piracy of the public domain. When Robert Frost wrote his
 Constitution's limits to copyright, obviously Eldred was not endorsing
 piracy.  Indeed, in an obvious sense, he was fighting a kind of
 piracy&mdash;piracy of the public domain. When Robert Frost wrote his


@@ -10736,6 +11513,7 @@ get another twenty-year dollop of monopoly. That twenty-year dollop
 would be taken from the public domain. Eric Eldred was fighting a
 piracy that affects us all.
 </para>
 would be taken from the public domain. Eric Eldred was fighting a
 piracy that affects us all.
 </para>

+<indexterm><primary>Nashville Songwriters Association</primary></indexterm>

 <para>
 Some people view the public domain with contempt. In their brief
 
 <para>
 Some people view the public domain with contempt. In their brief
 


@@ -10751,7 +11529,6 @@ But it is not piracy when the law allows it; and in our constitutional
 system, our law requires it. Some may not like the Constitution's
 requirements, but that doesn't make the Constitution a pirate's
 charter.
 system, our law requires it. Some may not like the Constitution's
 requirements, but that doesn't make the Constitution a pirate's
 charter.

-<indexterm><primary>Nashville Songwriters Association</primary></indexterm>

 </para>
 <para>
 As we've seen, our constitutional system requires limits on 
 </para>
 <para>
 As we've seen, our constitutional system requires limits on 


@@ -10766,18 +11543,15 @@ not expired, and will not expire, so long as Congress is free to be
 bought to extend them again.
 </para>
 <para>
 bought to extend them again.
 </para>
 <para>

-It is valuable copyrights that are responsible for terms being 
-               extended.
-Mickey Mouse and <quote>Rhapsody in Blue.</quote> These works are too
-valuable for copyright owners to ignore. But the real harm to our 
-               society
-from copyright extensions is not that Mickey Mouse remains 
-               Disney's.
-Forget Mickey Mouse. Forget Robert Frost. Forget all the works
-from the 1920s and 1930s that have continuing commercial value. The
-real harm of term extension comes not from these famous works. The
-real harm is to the works that are not famous, not commercially 
-               exploited,
+<emphasis role='strong'>It is valuable</emphasis> copyrights that are
+responsible for terms being extended.  Mickey Mouse and
+<quote>Rhapsody in Blue.</quote> These works are too valuable for
+copyright owners to ignore. But the real harm to our society from
+copyright extensions is not that Mickey Mouse remains Disney's.
+Forget Mickey Mouse. Forget Robert Frost. Forget all the works from
+the 1920s and 1930s that have continuing commercial value. The real
+harm of term extension comes not from these famous works. The real
+harm is to the works that are not famous, not commercially exploited,

 and no longer available as a result.
 </para>
 <para>
 and no longer available as a result.
 </para>
 <para>


@@ -10883,11 +11657,10 @@ digitized, and hence will simply rot away on shelves. But the
                consequence
 for other creative works is much more dire.
 </para>
                consequence
 for other creative works is much more dire.
 </para>

-<indexterm id='idxageemichael' class='startofrange'>
-  <primary>Agee, Michael</primary>
-</indexterm>
+<indexterm id='idxageemichael' class='startofrange'><primary>Agee, Michael</primary></indexterm>

 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <indexterm><primary>Laurel and Hardy Films</primary></indexterm>
 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <indexterm><primary>Laurel and Hardy Films</primary></indexterm>

+<indexterm><primary>Lucky Dog, The</primary></indexterm>

 <para>
 Consider the story of Michael Agee, chairman of Hal Roach Studios,
 which owns the copyrights for the Laurel and Hardy films. Agee is a
 <para>
 Consider the story of Michael Agee, chairman of Hal Roach Studios,
 which owns the copyrights for the Laurel and Hardy films. Agee is a


@@ -10905,8 +11678,6 @@ See David G. Savage, <quote>High Court Scene of Showdown on Copyright Law,</quot
 Songs, Books at Stake; Supreme Court Hears Arguments Today on Striking
 Down Copyright Extension,</quote> <citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002.
 </para></footnote>
 Songs, Books at Stake; Supreme Court Hears Arguments Today on Striking
 Down Copyright Extension,</quote> <citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002.
 </para></footnote>

-
-<indexterm><primary>Lucky Dog, The</primary></indexterm>

 </para>
 <para>
 Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in
 </para>
 <para>
 Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in


@@ -10931,7 +11702,7 @@ For most of the history of film, the costs of restoring film were very
 high; digital technology has lowered these costs substantially. While
 it cost more than $10,000 to restore a ninety-minute black-and-white
 film in 1993, it can now cost as little as $100 to digitize one hour of
 high; digital technology has lowered these costs substantially. While
 it cost more than $10,000 to restore a ninety-minute black-and-white
 film in 1993, it can now cost as little as $100 to digitize one hour of

-mm film.<footnote><para>
+8 mm film.<footnote><para>

 <!-- f12. -->
 Brief of Hal Roach Studios and Michael Agee as Amicus Curiae
 Supporting the Petitoners, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537
 <!-- f12. -->
 Brief of Hal Roach Studios and Michael Agee as Amicus Curiae
 Supporting the Petitoners, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537


@@ -10989,13 +11760,12 @@ in which they are now stored will be filled with nothing more
 than dust.
 </para>
 <para>
 than dust.
 </para>
 <para>

-Of all the creative work produced by humans anywhere, a tiny
-fraction has continuing commercial value. For that tiny fraction, the
-copyright is a crucially important legal device. For that tiny fraction,
-the copyright creates incentives to produce and distribute the 
-               creative
-work. For that tiny fraction, the copyright acts as an <quote>engine of
-free expression.</quote>
+<emphasis role='strong'>Of all the</emphasis> creative work produced
+by humans anywhere, a tiny fraction has continuing commercial
+value. For that tiny fraction, the copyright is a crucially important
+legal device. For that tiny fraction, the copyright creates incentives
+to produce and distribute the creative work. For that tiny fraction,
+the copyright acts as an <quote>engine of free expression.</quote>

 </para>
 <para>
 But even for that tiny fraction, the actual time during which the
 </para>
 <para>
 But even for that tiny fraction, the actual time during which the


@@ -11056,9 +11826,7 @@ would not have interfered with anything.
 <para>
 But this situation has now changed.
 </para>
 <para>
 But this situation has now changed.
 </para>

-<indexterm id='idxarchivesdigital2' class='startofrange'>
-  <primary>archives, digital</primary>
-</indexterm>
+<indexterm id='idxarchivesdigital2' class='startofrange'><primary>archives, digital</primary></indexterm>

 <para>
 One crucially important consequence of the emergence of digital
 technologies is to enable the archive that Brewster Kahle dreams of.
 <para>
 One crucially important consequence of the emergence of digital
 technologies is to enable the archive that Brewster Kahle dreams of.


@@ -11120,7 +11888,7 @@ market is not doing the job, then we should allow nonmarket forces the
 <!-- PAGE BREAK 235 -->
 freedom to fill the gaps. As one researcher calculated for American
 culture, 94 percent of the films, books, and music produced between
 <!-- PAGE BREAK 235 -->
 freedom to fill the gaps. As one researcher calculated for American
 culture, 94 percent of the films, books, and music produced between

-and 1946 is not commercially available. However much you love the
+1923 and 1946 is not commercially available. However much you love the

 commercial market, if access is a value, then 6 percent is a failure
 to provide that value.<footnote><para>
 <!-- f13. -->
 commercial market, if access is a value, then 6 percent is a failure
 to provide that value.<footnote><para>
 <!-- f13. -->


@@ -11131,12 +11899,13 @@ December 2002, available at
 
 </para>
 <para>
 
 </para>
 <para>

-In January 1999, we filed a lawsuit on Eric Eldred's behalf in federal
-district court in Washington, D.C., asking the court to declare the
-Sonny Bono Copyright Term Extension Act unconstitutional. The two
-central claims that we made were (1) that extending existing terms
-violated the Constitution's <quote>limited Times</quote> requirement, and (2) that
-extending terms by another twenty years violated the First Amendment.
+<emphasis role='strong'>In January 1999</emphasis>, we filed a lawsuit
+on Eric Eldred's behalf in federal district court in Washington, D.C.,
+asking the court to declare the Sonny Bono Copyright Term Extension
+Act unconstitutional. The two central claims that we made were (1)
+that extending existing terms violated the Constitution's
+<quote>limited Times</quote> requirement, and (2) that extending terms
+by another twenty years violated the First Amendment.

 </para>
 <para>
 The district court dismissed our claims without even hearing an
 </para>
 <para>
 The district court dismissed our claims without even hearing an


@@ -11162,6 +11931,7 @@ hear the case. Cases are ordinarily heard in panels of three, except for
 important cases or cases that raise issues specific to the circuit as a
 whole, where the court will sit <quote>en banc</quote> to hear the case.
 </para>
 important cases or cases that raise issues specific to the circuit as a
 whole, where the court will sit <quote>en banc</quote> to hear the case.
 </para>

+<indexterm><primary>Tatel, David</primary></indexterm>

 <para>
 The Court of Appeals rejected our request to hear the case en banc.
 This time, Judge Sentelle was joined by the most liberal member of the
 <para>
 The Court of Appeals rejected our request to hear the case en banc.
 This time, Judge Sentelle was joined by the most liberal member of the


@@ -11185,14 +11955,15 @@ was set for October of 2002. The summer would be spent writing
 briefs and preparing for argument.
 </para>
 <para>
 briefs and preparing for argument.
 </para>
 <para>

-It is over a year later as I write these words. It is still
-astonishingly hard. If you know anything at all about this story, you
-know that we lost the appeal. And if you know something more than just
-the minimum, you probably think there was no way this case could have
-been won. After our defeat, I received literally thousands of missives
-by well-wishers and supporters, thanking me for my work on behalf of
-this noble but doomed cause. And none from this pile was more
-significant to me than the e-mail from my client, Eric Eldred.
+<emphasis role='strong'>It is over</emphasis> a year later as I write
+these words. It is still astonishingly hard. If you know anything at
+all about this story, you know that we lost the appeal. And if you
+know something more than just the minimum, you probably think there
+was no way this case could have been won. After our defeat, I received
+literally thousands of missives by well-wishers and supporters,
+thanking me for my work on behalf of this noble but doomed cause. And
+none from this pile was more significant to me than the e-mail from my
+client, Eric Eldred.

 </para>
 <para>
 But my client and these friends were wrong. This case could have
 </para>
 <para>
 But my client and these friends were wrong. This case could have


@@ -11202,11 +11973,11 @@ mistake lost it.
 </para>
 <indexterm><primary>Steward, Geoffrey</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Steward, Geoffrey</primary></indexterm>
 <para>

-The mistake was made early, though it became obvious only at the very
-end. Our case had been supported from the very beginning by an
-extraordinary lawyer, Geoffrey Stewart, and by the law firm he had
-moved to, Jones, Day, Reavis and Pogue. Jones Day took a great deal of
-heat
+<emphasis role='strong'>The mistake</emphasis> was made early, though
+it became obvious only at the very end. Our case had been supported
+from the very beginning by an extraordinary lawyer, Geoffrey Stewart,
+and by the law firm he had moved to, Jones, Day, Reavis and
+Pogue. Jones Day took a great deal of heat

 <!-- PAGE BREAK 237 -->
 from its copyright-protectionist clients for supporting us. They
 ignored this pressure (something that few law firms today would ever
 <!-- PAGE BREAK 237 -->
 from its copyright-protectionist clients for supporting us. They
 ignored this pressure (something that few law firms today would ever


@@ -11273,6 +12044,8 @@ the widest range of credible critics&mdash;credible not because they
 were rich and famous, but because they, in the aggregate, demonstrated
 that this law was unconstitutional regardless of one's politics.
 </para>
 were rich and famous, but because they, in the aggregate, demonstrated
 that this law was unconstitutional regardless of one's politics.
 </para>

+<indexterm><primary>Eagle Forum</primary></indexterm>
+<indexterm><primary>Schlafly, Phyllis</primary></indexterm>

 <para>
 The first step happened all by itself. Phyllis Schlafly's
 organization, Eagle Forum, had been an opponent of the CTEA from the
 <para>
 The first step happened all by itself. Phyllis Schlafly's
 organization, Eagle Forum, had been an opponent of the CTEA from the


@@ -11286,8 +12059,6 @@ to get bogged down?</quote>  The answer, as the editorial documented, was the
 power of money.  Schlafly enumerated Disney's contributions to the key
 players on the committees. It was money, not justice, that gave Mickey
 Mouse twenty more years in Disney's control, Schlafly argued.
 power of money.  Schlafly enumerated Disney's contributions to the key
 players on the committees. It was money, not justice, that gave Mickey
 Mouse twenty more years in Disney's control, Schlafly argued.

-<indexterm><primary>Eagle Forum</primary></indexterm>
-<indexterm><primary>Schlafly, Phyllis</primary></indexterm>

 </para>
 <para>
 In the Court of Appeals, Eagle Forum was eager to file a brief
 </para>
 <para>
 In the Court of Appeals, Eagle Forum was eager to file a brief


@@ -11297,6 +12068,10 @@ existing copyrights, there is no limit to Congress's power to set
 terms.  That strong conservative argument persuaded a strong
 conservative judge, Judge Sentelle.
 </para>
 terms.  That strong conservative argument persuaded a strong
 conservative judge, Judge Sentelle.
 </para>

+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Intel</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>Eagle Forum</primary></indexterm>

 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 it gets. They included an extraordinary historical brief by the Free
 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 it gets. They included an extraordinary historical brief by the Free


@@ -11309,18 +12084,14 @@ copyright scholars and one by First Amendment scholars. There was an
 exhaustive and uncontroverted brief by the world's experts in the
 history of the Progress Clause. And of course, there was a new brief
 by Eagle Forum, repeating and strengthening its arguments.
 exhaustive and uncontroverted brief by the world's experts in the
 history of the Progress Clause. And of course, there was a new brief
 by Eagle Forum, repeating and strengthening its arguments.

-<indexterm><primary>GNU/Linux operating system</primary></indexterm>
-<indexterm><primary>Intel</primary></indexterm>
-<indexterm><primary>Linux operating system</primary></indexterm>
-<indexterm><primary>Eagle Forum</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>American Association of Law Libraries</primary></indexterm>
+<indexterm><primary>National Writers Union</primary></indexterm>

 <para>
 Those briefs framed a legal argument. Then to support the legal
 argument, there were a number of powerful briefs by libraries and
 archives, including the Internet Archive, the American Association of
 Law Libraries, and the National Writers Union.
 <para>
 Those briefs framed a legal argument. Then to support the legal
 argument, there were a number of powerful briefs by libraries and
 archives, including the Internet Archive, the American Association of
 Law Libraries, and the National Writers Union.

-<indexterm><primary>American Association of Law Libraries</primary></indexterm>
-<indexterm><primary>National Writers Union</primary></indexterm>

 </para>
 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <para>


@@ -11346,6 +12117,10 @@ anything to increase incentives to create. Such extensions were
 nothing more than <quote>rent-seeking</quote>&mdash;the fancy term economists use
 to describe special-interest legislation gone wild.
 </para>
 nothing more than <quote>rent-seeking</quote>&mdash;the fancy term economists use
 to describe special-interest legislation gone wild.
 </para>

+<indexterm><primary>Fried, Charles</primary></indexterm>
+<indexterm><primary>Morrison, Alan</primary></indexterm>
+<indexterm><primary>Public Citizen</primary></indexterm>
+<indexterm><primary>Reagan, Ronald</primary></indexterm>

 <para>
 The same effort at balance was reflected in the legal team we gathered
 to write our briefs in the case. The Jones Day lawyers had been with
 <para>
 The same effort at balance was reflected in the legal team we gathered
 to write our briefs in the case. The Jones Day lawyers had been with


@@ -11359,11 +12134,10 @@ Kathleen Sullivan, who had argued many cases in the Court, and
 <!-- PAGE BREAK 240 -->
 who had advised us early on about a First Amendment strategy; and
 finally, former solicitor general Charles Fried.
 <!-- PAGE BREAK 240 -->
 who had advised us early on about a First Amendment strategy; and
 finally, former solicitor general Charles Fried.

-<indexterm><primary>Fried, Charles</primary></indexterm>
-<indexterm><primary>Morrison, Alan</primary></indexterm>
-<indexterm><primary>Public Citizen</primary></indexterm>
-<indexterm><primary>Reagan, Ronald</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>Fried, Charles</primary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>constitutional powers of</secondary></indexterm>
+<indexterm><primary>Constitution, U.S.</primary><secondary>Commerce Clause of</secondary></indexterm>

 <para>
 Fried was a special victory for our side. Every other former solicitor
 general was hired by the other side to defend Congress's power to give
 <para>
 Fried was a special victory for our side. Every other former solicitor
 general was hired by the other side to defend Congress's power to give


@@ -11375,7 +12149,6 @@ limited Congress's power in the context of the Commerce Clause. And
 while he had argued many positions in the Supreme Court that I
 personally disagreed with, his joining the cause was a vote of
 confidence in our argument.
 while he had argued many positions in the Supreme Court that I
 personally disagreed with, his joining the cause was a vote of
 confidence in our argument.

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 <para>
 The government, in defending the statute, had its collection of
 </para>
 <para>
 The government, in defending the statute, had its collection of


@@ -11393,6 +12166,9 @@ that the copyright holders would defend the idea that they should
 continue to have the right to control who did what with content they
 wanted to control.
 </para>
 continue to have the right to control who did what with content they
 wanted to control.
 </para>

+<indexterm><primary>Gershwin, George</primary></indexterm>
+<indexterm><primary>Porgy and Bess</primary></indexterm>
+<indexterm><primary>pornography</primary></indexterm>

 <para>
 Dr. Seuss's representatives, for example, argued that it was
 better for the Dr. Seuss estate to control what happened to
 <para>
 Dr. Seuss's representatives, for example, argued that it was
 better for the Dr. Seuss estate to control what happened to


@@ -11416,7 +12192,6 @@ That's
 <!-- PAGE BREAK 241 -->
 their view of how this part of American culture should be controlled,
 and they wanted this law to help them effect that control.
 <!-- PAGE BREAK 241 -->
 their view of how this part of American culture should be controlled,
 and they wanted this law to help them effect that control.

-<indexterm><primary>Gershwin, George</primary></indexterm>

 </para>
 <para>
 This argument made clear a theme that is rarely noticed in this
 </para>
 <para>
 This argument made clear a theme that is rarely noticed in this


@@ -11436,8 +12211,11 @@ mean that there was no limit to the power of Congress to extend
 copyrights&mdash;extensions that would further concentrate the market;
 it would also mean that there was no limit to Congress's power to play
 favorites, through copyright, with who has the right to speak.
 copyrights&mdash;extensions that would further concentrate the market;
 it would also mean that there was no limit to Congress's power to play
 favorites, through copyright, with who has the right to speak.

-Between February and October, there was little I did beyond preparing
-for this case. Early on, as I said, I set the strategy.
+</para>
+<para>
+<emphasis role='strong'>Between February</emphasis> and October, there
+was little I did beyond preparing for this case. Early on, as I said,
+I set the strategy.

 </para>
 <indexterm><primary>Rehnquist, William H.</primary></indexterm>
 <indexterm><primary>O'Connor, Sandra Day</primary></indexterm>
 </para>
 <indexterm><primary>Rehnquist, William H.</primary></indexterm>
 <indexterm><primary>O'Connor, Sandra Day</primary></indexterm>


@@ -11452,6 +12230,7 @@ of cases that said that an enumerated power had to be interpreted to
 assure that Congress's powers had limits.
 </para>
 <indexterm><primary>Breyer, Stephen</primary></indexterm>
 assure that Congress's powers had limits.
 </para>
 <indexterm><primary>Breyer, Stephen</primary></indexterm>

+<indexterm id='idxginsburg' class='startofrange'><primary>Ginsburg, Ruth Bader</primary></indexterm>

 <para>
 The Rest were the four Justices who had strongly opposed limits on
 Congress's power. These four&mdash;Justice Stevens, Justice Souter,
 <para>
 The Rest were the four Justices who had strongly opposed limits on
 Congress's power. These four&mdash;Justice Stevens, Justice Souter,


@@ -11484,6 +12263,7 @@ also very sensitive to free speech concerns. And as we strongly
 believed, there was a very important free speech argument against
 these retrospective extensions.
 </para>
 believed, there was a very important free speech argument against
 these retrospective extensions.
 </para>

+<indexterm startref='idxginsburg' class='endofrange'/>

 <para>
 The only vote we could be confident about was that of Justice
 Stevens. History will record Justice Stevens as one of the greatest
 <para>
 The only vote we could be confident about was that of Justice
 Stevens. History will record Justice Stevens as one of the greatest


@@ -11517,11 +12297,12 @@ was limited, then so, too, must Congress's power to regulate copyright
 be limited.
 </para>
 <para>
 be limited.
 </para>
 <para>

-The argument on the government's side came down to this: Congress has
-done it before. It should be allowed to do it again. The government
-claimed that from the very beginning, Congress has been extending the
-term of existing copyrights. So, the government argued, the Court
-should not now say that practice is unconstitutional.
+<emphasis role='strong'>The argument</emphasis> on the government's
+side came down to this: Congress has done it before. It should be
+allowed to do it again. The government claimed that from the very
+beginning, Congress has been extending the term of existing
+copyrights. So, the government argued, the Court should not now say
+that practice is unconstitutional.

 </para>
 <para>
 There was some truth to the government's claim, but not much. We
 </para>
 <para>
 There was some truth to the government's claim, but not much. We


@@ -11544,10 +12325,12 @@ was no reason to expect that cycle would end. This Court had not
                hesitated
 to intervene where Congress was in a similar cycle of extension.
 There was no reason it couldn't intervene here.
                hesitated
 to intervene where Congress was in a similar cycle of extension.
 There was no reason it couldn't intervene here.

-Oral argument was scheduled for the first week in October. I 
-               arrived
-in D.C. two weeks before the argument. During those two
-weeks, I was repeatedly <quote>mooted</quote> by lawyers who had volunteered to
+</para>
+<para>
+<emphasis role='strong'>Oral argument</emphasis> was scheduled for the
+first week in October. I arrived in D.C. two weeks before the
+argument. During those two weeks, I was repeatedly
+<quote>mooted</quote> by lawyers who had volunteered to

 
 <!-- PAGE BREAK 244 -->
 help in the case. Such <quote>moots</quote> are basically practice rounds, where
 
 <!-- PAGE BREAK 244 -->
 help in the case. Such <quote>moots</quote> are basically practice rounds, where


@@ -11565,12 +12348,12 @@ this central idea.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <indexterm><primary>Reagan, Ronald</primary></indexterm>
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <indexterm><primary>Reagan, Ronald</primary></indexterm>

+<indexterm><primary>Fried, Charles</primary></indexterm>

 <para>
 One moot was before the lawyers at Jones Day. Don Ayer was the
 skeptic. He had served in the Reagan Justice Department with Solicitor
 General Charles Fried. He had argued many cases before the Supreme
 Court. And in his review of the moot, he let his concern speak:
 <para>
 One moot was before the lawyers at Jones Day. Don Ayer was the
 skeptic. He had served in the Reagan Justice Department with Solicitor
 General Charles Fried. He had argued many cases before the Supreme
 Court. And in his review of the moot, he let his concern speak:

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 <para>
 <quote>I'm just afraid that unless they really see the harm, they won't be
 </para>
 <para>
 <quote>I'm just afraid that unless they really see the harm, they won't be


@@ -11589,9 +12372,12 @@ does the right thing&mdash;not because of politics but because it is right. As
 I listened to Ayer's plea for passion in pressing politics, I understood
 his point, and I rejected it. Our argument was right. That was enough.
 Let the politicians learn to see that it was also good.
 I listened to Ayer's plea for passion in pressing politics, I understood
 his point, and I rejected it. Our argument was right. That was enough.
 Let the politicians learn to see that it was also good.

-The night before the argument, a line of people began to form
-in front of the Supreme Court. The case had become a focus of the
-press and of the movement to free culture. Hundreds stood in line
+</para>
+<para>
+<emphasis role='strong'>The night before</emphasis> the argument, a
+line of people began to form in front of the Supreme Court. The case
+had become a focus of the press and of the movement to free
+culture. Hundreds stood in line

 
 <!-- PAGE BREAK 245 -->
 for the chance to see the proceedings. Scores spent the night on the
 
 <!-- PAGE BREAK 245 -->
 for the chance to see the proceedings. Scores spent the night on the


@@ -11735,8 +12521,9 @@ Copyright and Patent Clause. All true. But it wasn't going to move the
 Court to my side.
 </para>
 <para>
 Court to my side.
 </para>
 <para>

-As I left the court that day, I knew there were a hundred points I
-wished I could remake. There were a hundred questions I wished I had
+<emphasis role='strong'>As I left</emphasis> the court that day, I
+knew there were a hundred points I wished I could remake. There were a
+hundred questions I wished I had

 
 <!-- PAGE BREAK 248 -->
 answered differently. But one way of thinking about this case left me
 
 <!-- PAGE BREAK 248 -->
 answered differently. But one way of thinking about this case left me


@@ -11758,11 +12545,12 @@ the Conservatives&mdash;would feel itself constrained by the rule of
 law that it had established elsewhere.
 </para>
 <para>
 law that it had established elsewhere.
 </para>
 <para>

-The morning of January 15, 2003, I was five minutes late to the office
-and missed the 7:00 A.M. call from the Supreme Court clerk. Listening to
-the message, I could tell in an instant that she had bad news to report.The
-Supreme Court had affirmed the decision of the Court of Appeals. Seven
-justices had voted in the majority. There were two dissents.
+<emphasis role='strong'>The morning</emphasis> of January 15, 2003, I
+was five minutes late to the office and missed the 7:00 A.M. call from
+the Supreme Court clerk. Listening to the message, I could tell in an
+instant that she had bad news to report.The Supreme Court had affirmed
+the decision of the Court of Appeals. Seven justices had voted in the
+majority. There were two dissents.

 </para>
 <para>
 A few seconds later, the opinions arrived by e-mail. I took the
 </para>
 <para>
 A few seconds later, the opinions arrived by e-mail. I took the


@@ -11782,6 +12570,7 @@ distinguish the principle in this case from the principle in
 cited. The argument that was the core argument of our case did not
 even appear in the Court's opinion.
 </para>
 cited. The argument that was the core argument of our case did not
 even appear in the Court's opinion.
 </para>

+<indexterm><primary>Ginsburg, Ruth Bader</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 249 -->
 <para>
 
 <!-- PAGE BREAK 249 -->


@@ -11850,9 +12639,10 @@ anyone having addressed the argument that we had carried from Judge
 Sentelle. It was <citetitle>Hamlet</citetitle> without the Prince.
 </para>
 <para>
 Sentelle. It was <citetitle>Hamlet</citetitle> without the Prince.
 </para>
 <para>

-Defeat brings depression. They say it is a sign of health when
-depression gives way to anger. My anger came quickly, but it didn't cure
-the depression. This anger was of two sorts.
+<emphasis role='strong'>Defeat brings depression</emphasis>. They say
+it is a sign of health when depression gives way to anger. My anger
+came quickly, but it didn't cure the depression. This anger was of two
+sorts.

 </para>
 <indexterm><primary>originalism</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>originalism</primary></indexterm>
 <para>


@@ -11921,11 +12711,11 @@ passion I had used elsewhere. It was not the basis on which a court
 should decide the issue.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 should decide the issue.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>

+<indexterm><primary>Fried, Charles</primary></indexterm>

 <para>
 Would it have been different if I had argued it differently? Would it
 have been different if Don Ayer had argued it? Or Charles Fried? Or
 Kathleen Sullivan?
 <para>
 Would it have been different if I had argued it differently? Would it
 have been different if Don Ayer had argued it? Or Charles Fried? Or
 Kathleen Sullivan?

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 <para>
 My friends huddled around me to insist it would not. The Court
 </para>
 <para>
 My friends huddled around me to insist it would not. The Court


@@ -11940,13 +12730,13 @@ little reason to resist doing right. I can't help but think that if I had
 stepped down from this pretty picture of dispassionate justice, I could
 have persuaded.
 </para>
 stepped down from this pretty picture of dispassionate justice, I could
 have persuaded.
 </para>

+<indexterm><primary>Jaszi, Peter</primary></indexterm>

 <para>
 And even if I couldn't, then that doesn't excuse what happened in
 January. For at the start of this case, one of America's leading
 intellectual property professors stated publicly that my bringing this
 case was a mistake. <quote>The Court is not ready,</quote> Peter Jaszi said; this
 issue should not be raised until it is.
 <para>
 And even if I couldn't, then that doesn't excuse what happened in
 January. For at the start of this case, one of America's leading
 intellectual property professors stated publicly that my bringing this
 case was a mistake. <quote>The Court is not ready,</quote> Peter Jaszi said; this
 issue should not be raised until it is.

-<indexterm><primary>Jaszi, Peter</primary></indexterm>

 </para>
 <para>
 After the argument and after the decision, Peter said to me, and
 </para>
 <para>
 After the argument and after the decision, Peter said to me, and


@@ -11956,10 +12746,13 @@ here again Peter was right. Either I was not ready to argue this case in
 a way that would do some good or they were not ready to hear this case
 in a way that would do some good. Either way, the decision to bring
 this case&mdash;a decision I had made four years before&mdash;was wrong.
 a way that would do some good or they were not ready to hear this case
 in a way that would do some good. Either way, the decision to bring
 this case&mdash;a decision I had made four years before&mdash;was wrong.

-While the reaction to the Sonny Bono Act itself was almost
-unanimously negative, the reaction to the Court's decision was mixed.
-No one, at least in the press, tried to say that extending the term of
-copyright was a good idea. We had won that battle over ideas. Where
+</para>
+<para>
+<emphasis role='strong'>While the reaction</emphasis> to the Sonny
+Bono Act itself was almost unanimously negative, the reaction to the
+Court's decision was mixed.  No one, at least in the press, tried to
+say that extending the term of copyright was a good idea. We had won
+that battle over ideas. Where

 
 <!-- PAGE BREAK 253 -->
 the decision was praised, it was praised by papers that had been
 
 <!-- PAGE BREAK 253 -->
 the decision was praised, it was praised by papers that had been


@@ -12005,13 +12798,15 @@ better lawyer would have made them see differently.
 <chapter label="14" id="eldred-ii">
 <title>CHAPTER FOURTEEN: Eldred II</title>
 <para>
 <chapter label="14" id="eldred-ii">
 <title>CHAPTER FOURTEEN: Eldred II</title>
 <para>

-The day <citetitle>Eldred</citetitle> was decided, fate would have it that I was to travel to
-Washington, D.C. (The day the rehearing petition in <citetitle>Eldred</citetitle> was
-denied&mdash;meaning the case was really finally over&mdash;fate would
-have it that I was giving a speech to technologists at Disney World.)
-This was a particularly long flight to my least favorite city. The
-drive into the city from Dulles was delayed because of traffic, so I
-opened up my computer and wrote an op-ed piece.
+<emphasis role='strong'>The day</emphasis>
+<citetitle>Eldred</citetitle> was decided, fate would have it that I
+was to travel to Washington, D.C. (The day the rehearing petition in
+<citetitle>Eldred</citetitle> was denied&mdash;meaning the case was
+really finally over&mdash;fate would have it that I was giving a
+speech to technologists at Disney World.)  This was a particularly
+long flight to my least favorite city. The drive into the city from
+Dulles was delayed because of traffic, so I opened up my computer and
+wrote an op-ed piece.

 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <para>


@@ -12079,6 +12874,7 @@ linkend="property-i"/>, formalities in copyright law were
 removed in 1976, when Congress followed the Europeans by abandoning
 any formal requirement before a copyright is granted.<footnote><para>
 <!-- f1. -->
 removed in 1976, when Congress followed the Europeans by abandoning
 any formal requirement before a copyright is granted.<footnote><para>
 <!-- f1. -->

+<indexterm><primary>German copyright law</primary></indexterm>

 Until the 1908 Berlin Act of the Berne Convention, national copyright
 legislation sometimes made protection depend upon compliance with
 formalities such as registration, deposit, and affixation of notice of
 Until the 1908 Berlin Act of the Berne Convention, national copyright
 legislation sometimes made protection depend upon compliance with
 formalities such as registration, deposit, and affixation of notice of


@@ -12248,11 +13044,13 @@ into the public domain within fifty years. What do you think?
 </para>
 <indexterm><primary>Forbes, Steve</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Forbes, Steve</primary></indexterm>
 <para>

-When Steve Forbes endorsed the idea, some in Washington began to pay
-attention. Many people contacted me pointing to representatives who
-might be willing to introduce the Eldred Act. And I had a few who
-directly suggested that they might be willing to take the first step.
+<emphasis role='strong'>When Steve Forbes</emphasis> endorsed the
+idea, some in Washington began to pay attention. Many people contacted
+me pointing to representatives who might be willing to introduce the
+Eldred Act. And I had a few who directly suggested that they might be
+willing to take the first step.

 </para>
 </para>

+<indexterm><primary>Lofgren, Zoe</primary></indexterm>

 <para>
 One representative, Zoe Lofgren of California, went so far as to get
 the bill drafted. The draft solved any problem with international
 <para>
 One representative, Zoe Lofgren of California, went so far as to get
 the bill drafted. The draft solved any problem with international


@@ -12261,7 +13059,6 @@ possible. In May 2003, it looked as if the bill would be
 introduced. On May 16, I posted on the Eldred Act blog, <quote>we are
 close.</quote> There was a general reaction in the blog community that
 something good might happen here.
 introduced. On May 16, I posted on the Eldred Act blog, <quote>we are
 close.</quote> There was a general reaction in the blog community that
 something good might happen here.

-<indexterm><primary>Lofgren, Zoe</primary></indexterm>

 </para>
 <para>
 But at this stage, the lobbyists began to intervene. Jack Valenti and
 </para>
 <para>
 But at this stage, the lobbyists began to intervene. Jack Valenti and


@@ -12301,14 +13098,14 @@ or not&mdash;a controversial claim in any case&mdash;unless they know
 about a copyright, they're not likely to.
 </para>
 <para>
 about a copyright, they're not likely to.
 </para>
 <para>

-At the beginning of this book, I told two stories about the law
-reacting to changes in technology. In the one, common sense prevailed.
-In the other, common sense was delayed. The difference between the two
-stories was the power of the opposition&mdash;the power of the side
-that fought to defend the status quo. In both cases, a new technology
-threatened old interests. But in only one case did those interest's
-have the power to protect themselves against this new competitive
-threat.
+<emphasis role='strong'>At the beginning</emphasis> of this book, I
+told two stories about the law reacting to changes in technology. In
+the one, common sense prevailed.  In the other, common sense was
+delayed. The difference between the two stories was the power of the
+opposition&mdash;the power of the side that fought to defend the
+status quo. In both cases, a new technology threatened old
+interests. But in only one case did those interest's have the power to
+protect themselves against this new competitive threat.

 </para>
 <para>
 I used these two cases as a way to frame the war that this book has
 </para>
 <para>
 I used these two cases as a way to frame the war that this book has


@@ -12330,6 +13127,7 @@ possible still to understand why the law favors Hollywood: Most people
 don't recognize the reasons for limiting copyright terms; it is thus
 still possible to see good faith within the resistance.
 </para>
 don't recognize the reasons for limiting copyright terms; it is thus
 still possible to see good faith within the resistance.
 </para>

+<indexterm><primary>Kelly, Kevin</primary></indexterm>

 <para>
 But when the copyright owners oppose a proposal such as the Eldred
 Act, then, finally, there is an example that lays bare the naked
 <para>
 But when the copyright owners oppose a proposal such as the Eldred
 Act, then, finally, there is an example that lays bare the naked


@@ -12339,7 +13137,6 @@ any copyright owner's desire to exercise continued control over his
 content. It would simply liberate what Kevin Kelly calls the <quote>Dark
 Content</quote> that fills archives around the world. So when the warriors
 oppose a change like this, we should ask one simple question:
 content. It would simply liberate what Kevin Kelly calls the <quote>Dark
 Content</quote> that fills archives around the world. So when the warriors
 oppose a change like this, we should ask one simple question:

-<indexterm><primary>Kelly, Kevin</primary></indexterm>

 </para>
 <para>
 What does this industry really want?
 </para>
 <para>
 What does this industry really want?


@@ -12396,21 +13193,18 @@ controlled by this dead (and often unfindable) hand of the past.
 </part>
 <chapter label="15" id="c-conclusion">
 <title>CONCLUSION</title>
 </part>
 <chapter label="15" id="c-conclusion">
 <title>CONCLUSION</title>

-<indexterm id="idxantiretroviraldrugs" class='startofrange'>
-  <primary>antiretroviral drugs</primary>
-</indexterm>
-<indexterm id="idxhivaidstherapies" class='startofrange'>
-  <primary>HIV/AIDS therapies</primary>
-</indexterm>
-<indexterm id="idxafricahivmed" class='startofrange'>
-  <primary>Africa, medications for HIV patients in</primary>
-</indexterm>
-<para>
-There are more than 35 million people with the AIDS virus
-worldwide. Twenty-five million of them live in sub-Saharan Africa.
-Seventeen million have already died. Seventeen million Africans
-is proportional percentage-wise to seven million Americans. More
-importantly, it is seventeen million Africans.
+<indexterm id='idxafricamedicationsforhivpatientsin' class='startofrange'><primary>Africa, medications for HIV patients in</primary></indexterm>
+<indexterm id='idxaidsmedications' class='startofrange'><primary>AIDS medications</primary></indexterm>
+<indexterm id='idxantiretroviraldrugs' class='startofrange'><primary>antiretroviral drugs</primary></indexterm>
+<indexterm id='idxdevelopingcountriesforeignpatentcostsin2' class='startofrange'><primary>developing countries, foreign patent costs in</primary></indexterm>
+<indexterm id='idxdrugspharmaceutical' class='startofrange'><primary>drugs</primary><secondary>pharmaceutical</secondary></indexterm>
+<indexterm id='idxhivaidstherapies' class='startofrange'><primary>HIV/AIDS therapies</primary></indexterm>
+<para>
+<emphasis role='strong'>There are more</emphasis> than 35 million
+people with the AIDS virus worldwide. Twenty-five million of them live
+in sub-Saharan Africa.  Seventeen million have already died. Seventeen
+million Africans is proportional percentage-wise to seven million
+Americans. More importantly, it is seventeen million Africans.

 </para>
 <para>
 There is no cure for AIDS, but there are drugs to slow its
 </para>
 <para>
 There is no cure for AIDS, but there are drugs to slow its


@@ -12437,6 +13231,8 @@ issued 9 July 2002, only 230,000 of the 6 million who need drugs in
 the developing world receive them&mdash;and half of them are in Brazil.
 </para></footnote>
 </para>
 the developing world receive them&mdash;and half of them are in Brazil.
 </para></footnote>
 </para>

+<indexterm id='idxpatentsonpharmaceuticals' class='startofrange'><primary>patents</primary><secondary>on pharmaceuticals</secondary></indexterm>
+<indexterm id='idxpharmaceuticalpatents' class='startofrange'><primary>pharmaceutical patents</primary></indexterm>

 <para>
 <!-- PAGE BREAK 265 -->
 These prices are not high because the ingredients of the drugs are
 <para>
 <!-- PAGE BREAK 265 -->
 These prices are not high because the ingredients of the drugs are


@@ -12464,6 +13260,9 @@ African leaders began to recognize the devastation that AIDS was
 bringing, they started looking for ways to import HIV treatments at
 costs significantly below the market price.
 </para>
 bringing, they started looking for ways to import HIV treatments at
 costs significantly below the market price.
 </para>

+<indexterm id='idxinternationallaw2' class='startofrange'><primary>international law</primary></indexterm>
+<indexterm id='idxparallelimportation' class='startofrange'><primary>parallel importation</primary></indexterm>
+<indexterm id='idxsouthafricarepublicofpharmaceuticalimportsby' class='startofrange'><primary>South Africa, Republic of, pharmaceutical imports by</primary></indexterm>

 <para>
 In 1997, South Africa tried one tack. It passed a law to allow the
 importation of patented medicines that had been produced or sold in
 <para>
 In 1997, South Africa tried one tack. It passed a law to allow the
 importation of patented medicines that had been produced or sold in


@@ -12480,6 +13279,7 @@ Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), 37.
 <indexterm><primary>Drahos, Peter</primary></indexterm>
 </para></footnote>
 </para>
 <indexterm><primary>Drahos, Peter</primary></indexterm>
 </para></footnote>
 </para>

+<indexterm><primary>United States Trade Representative (USTR)</primary></indexterm>

 <para>
 However, the United States government opposed the bill. Indeed, more
 than opposed. As the International Intellectual Property Association
 <para>
 However, the United States government opposed the bill. Indeed, more
 than opposed. As the International Intellectual Property Association


@@ -12519,6 +13319,7 @@ Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan
 Africa, a Report Prepared for the World Intellectual Property
 Organization</citetitle> (Washington, D.C., 2000), 15.  </para></footnote>
 </para>
 Africa, a Report Prepared for the World Intellectual Property
 Organization</citetitle> (Washington, D.C., 2000), 15.  </para></footnote>
 </para>

+<indexterm startref='idxparallelimportation' class='endofrange'/>

 <para>
 We should place the intervention by the United States in context.  No
 doubt patents are not the most important reason that Africans don't
 <para>
 We should place the intervention by the United States in context.  No
 doubt patents are not the most important reason that Africans don't


@@ -12573,6 +13374,7 @@ drugs should not flow into Africa. It was a principle about the
 importance of <quote>intellectual property</quote> that led these government actors
 to intervene against the South African response to AIDS.
 </para>
 importance of <quote>intellectual property</quote> that led these government actors
 to intervene against the South African response to AIDS.
 </para>

+<indexterm startref='idxsouthafricarepublicofpharmaceuticalimportsby' class='endofrange'/>

 <para>
 Now just step back for a moment. There will be a time thirty years
 from now when our children look back at us and ask, how could we have
 <para>
 Now just step back for a moment. There will be a time thirty years
 from now when our children look back at us and ask, how could we have


@@ -12583,6 +13385,7 @@ idea?  What possible justification could there ever be for a policy
 that results in so many deaths? What exactly is the insanity that
 would allow so many to die for such an abstraction?
 </para>
 that results in so many deaths? What exactly is the insanity that
 would allow so many to die for such an abstraction?
 </para>

+<indexterm id='idxcorporationsinpharmaceuticalindustry' class='startofrange'><primary>corporations</primary><secondary>in pharmaceutical industry</secondary></indexterm>

 <para>
 Some blame the drug companies. I don't. They are corporations.
 Their managers are ordered by law to make money for the corporation.
 <para>
 Some blame the drug companies. I don't. They are corporations.
 Their managers are ordered by law to make money for the corporation.


@@ -12599,6 +13402,7 @@ elsewhere.  There are issues they'd have to resolve to make sure the
 drugs didn't get back into the United States, but those are mere
 problems of technology.  They could be overcome.
 </para>
 drugs didn't get back into the United States, but those are mere
 problems of technology.  They could be overcome.
 </para>

+<indexterm id='idxintellectualpropertyrightsofdrugpatents' class='startofrange'><primary>intellectual property rights</primary><secondary>of drug patents</secondary></indexterm>

 <para>
 A different problem, however, could not be overcome. This is the
 fear of the grandstanding politician who would call the presidents of
 <para>
 A different problem, however, could not be overcome. This is the
 fear of the grandstanding politician who would call the presidents of


@@ -12614,6 +13418,13 @@ unintended consequence that perhaps millions die. And that rational
 strategy thus becomes framed in terms of this ideal&mdash;the sanctity of an
 idea called <quote>intellectual property.</quote>
 </para>
 strategy thus becomes framed in terms of this ideal&mdash;the sanctity of an
 idea called <quote>intellectual property.</quote>
 </para>

+<indexterm startref='idxafricamedicationsforhivpatientsin' class='endofrange'/>
+<indexterm startref='idxaidsmedications' class='endofrange'/>
+<indexterm startref='idxantiretroviraldrugs' class='endofrange'/>
+<indexterm startref='idxdevelopingcountriesforeignpatentcostsin2' class='endofrange'/>
+<indexterm startref='idxdrugspharmaceutical' class='endofrange'/>
+<indexterm startref='idxhivaidstherapies' class='endofrange'/>
+<indexterm startref='idxcorporationsinpharmaceuticalindustry' class='endofrange'/>

 <para>
 So when the common sense of your child confronts you, what will
 you say? When the common sense of a generation finally revolts
 <para>
 So when the common sense of your child confronts you, what will
 you say? When the common sense of a generation finally revolts


@@ -12632,6 +13443,9 @@ in any case. A sensible policy, in other words, could be a balanced
 policy. For most of our history, both copyright and patent policies
 were balanced in just this sense.
 </para>
 policy. For most of our history, both copyright and patent policies
 were balanced in just this sense.
 </para>

+<indexterm startref='idxpatentsonpharmaceuticals' class='endofrange'/>
+<indexterm startref='idxpharmaceuticalpatents' class='endofrange'/>
+<indexterm startref='idxinternationallaw2' class='endofrange'/>

 <para>
 But we as a culture have lost this sense of balance. We have lost the
 critical eye that helps us see the difference between truth and
 <para>
 But we as a culture have lost this sense of balance. We have lost the
 critical eye that helps us see the difference between truth and


@@ -12640,17 +13454,15 @@ our tradition, now reigns in this culture&mdash;bizarrely, and with
 consequences more grave to the spread of ideas and culture than almost
 any other single policy decision that we as a democracy will make.
 </para>
 consequences more grave to the spread of ideas and culture than almost
 any other single policy decision that we as a democracy will make.
 </para>

-<indexterm startref="idxafricahivmed" class='endofrange'/>
-<indexterm startref="idxhivaidstherapies" class='endofrange'/>
-<indexterm startref="idxantiretroviraldrugs" class='endofrange'/>
-<para>
-A simple idea blinds us, and under the cover of darkness, much happens
-that most of us would reject if any of us looked. So uncritically do
-we accept the idea of property in ideas that we don't even notice how
-monstrous it is to deny ideas to a people who are dying without
-them. So uncritically do we accept the idea of property in culture
-that we don't even question when the control of that property removes
-our
+<indexterm startref='idxintellectualpropertyrightsofdrugpatents' class='endofrange'/>
+<para>
+<emphasis role='strong'>A simple idea</emphasis> blinds us, and under
+the cover of darkness, much happens that most of us would reject if
+any of us looked. So uncritically do we accept the idea of property in
+ideas that we don't even notice how monstrous it is to deny ideas to a
+people who are dying without them. So uncritically do we accept the
+idea of property in culture that we don't even question when the
+control of that property removes our

 <!-- PAGE BREAK 269 -->
 ability, as a people, to develop our culture democratically. Blindness
 becomes our common sense. And the challenge for anyone who would
 <!-- PAGE BREAK 269 -->
 ability, as a people, to develop our culture democratically. Blindness
 becomes our common sense. And the challenge for anyone who would


@@ -12671,11 +13483,25 @@ hypocrisy reeks. Yet in a city like Washington, hypocrisy is not even
 noticed. Powerful lobbies, complex issues, and MTV attention spans
 produce the <quote>perfect storm</quote> for free culture.
 </para>
 noticed. Powerful lobbies, complex issues, and MTV attention spans
 produce the <quote>perfect storm</quote> for free culture.
 </para>

+<indexterm><primary>academic journals</primary></indexterm>
+<indexterm><primary>biomedical research</primary></indexterm>
+<indexterm id='idxintellectualpropertyrightsinternationalorganizationonissuesof' class='startofrange'><primary>intellectual property rights</primary><secondary>international organization on issues of</secondary></indexterm>
+<indexterm><primary>Internet</primary><secondary>development of</secondary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>
+<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
+<indexterm><primary>Public Library of Science (PLoS)</primary></indexterm>
+<indexterm><primary>public domain</primary><secondary>public projects in</secondary></indexterm>
+<indexterm><primary>single nucleotied polymorphisms (SNPs)</primary></indexterm>
+<indexterm><primary>Wellcome Trust</primary></indexterm>
+<indexterm id='idxworldintellectualpropertyorganizationwipo' class='startofrange'><primary>World Intellectual Property Organization (WIPO)</primary></indexterm>
+<indexterm><primary>World Wide Web</primary></indexterm>
+<indexterm><primary>Global Positioning System</primary></indexterm>

 <indexterm><primary>Reagan, Ronald</primary></indexterm>
 <indexterm><primary>Reagan, Ronald</primary></indexterm>

+<indexterm id='idxbiomedicalresearch' class='startofrange'><primary>biomedical research</primary></indexterm>

 <para>
 <para>

-In August 2003, a fight broke out in the United States about a
-decision by the World Intellectual Property Organization to cancel a
-meeting.<footnote><para>
+<emphasis role='strong'>In August 2003</emphasis>, a fight broke out
+in the United States about a decision by the World Intellectual
+Property Organization to cancel a meeting.<footnote><para>

 <!-- f6. --> Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> <citetitle>Washington Post</citetitle>,
 August 2003, E1, available at 
 <ulink url="http://free-culture.cc/notes/">link #59</ulink>; William New, <quote>Global Group's
 <!-- f6. --> Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> <citetitle>Washington Post</citetitle>,
 August 2003, E1, available at 
 <ulink url="http://free-culture.cc/notes/">link #59</ulink>; William New, <quote>Global Group's


@@ -12694,20 +13520,20 @@ intellectual property. Examples include the Internet and the World
 Wide Web, both of which were developed on the basis of protocols in
 the public domain. It included an emerging trend to support open
 academic journals, including the Public Library of Science project
 Wide Web, both of which were developed on the basis of protocols in
 the public domain. It included an emerging trend to support open
 academic journals, including the Public Library of Science project

-that I describe in the Afterword. It included a project to develop
-single nucleotide polymorphisms (SNPs), which are thought to have
-great significance in biomedical research. (That nonprofit project
-comprised a consortium of the Wellcome Trust and pharmaceutical and
-technological companies, including Amersham Biosciences, AstraZeneca,
+that I describe in chapter 
+<xref xrefstyle="select: labelnumber" linkend="c-afterword"/>.  It
+included a project to develop single nucleotide polymorphisms (SNPs),
+which are thought to have great significance in biomedical
+research. (That nonprofit project comprised a consortium of the
+Wellcome Trust and pharmaceutical and technological companies,
+including Amersham Biosciences, AstraZeneca,

 <!-- PAGE BREAK 270 -->
 Aventis, Bayer, Bristol-Myers Squibb, Hoffmann-La Roche,
 Glaxo-SmithKline, IBM, Motorola, Novartis, Pfizer, and Searle.) It
 included the Global Positioning System, which Ronald Reagan set free
 in the early 1980s. And it included <quote>open source and free software.</quote>
 <!-- PAGE BREAK 270 -->
 Aventis, Bayer, Bristol-Myers Squibb, Hoffmann-La Roche,
 Glaxo-SmithKline, IBM, Motorola, Novartis, Pfizer, and Searle.) It
 included the Global Positioning System, which Ronald Reagan set free
 in the early 1980s. And it included <quote>open source and free software.</quote>

-<indexterm><primary>academic journals</primary></indexterm>
-<indexterm><primary>IBM</primary></indexterm>
-<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxbiomedicalresearch' class='endofrange'/>

 <para>
 The aim of the meeting was to consider this wide range of projects
 from one common perspective: that none of these projects relied upon
 <para>
 The aim of the meeting was to consider this wide range of projects
 from one common perspective: that none of these projects relied upon


@@ -12715,6 +13541,7 @@ intellectual property extremism. Instead, in all of them, intellectual
 property was balanced by agreements to keep access open or to impose
 limitations on the way in which proprietary claims might be used.
 </para>
 property was balanced by agreements to keep access open or to impose
 limitations on the way in which proprietary claims might be used.
 </para>

+<indexterm id='idxlessiglawrenceininternationaldebateonintellectualproperty' class='startofrange'><primary>Lessig, Lawrence</primary><secondary>in international debate on intellectual property</secondary></indexterm>

 <para>
 From the perspective of this book, then, the conference was ideal.<footnote><para>
 <!-- f7. --> I should disclose that I was one of the people who asked WIPO for the
 <para>
 From the perspective of this book, then, the conference was ideal.<footnote><para>
 <!-- f7. --> I should disclose that I was one of the people who asked WIPO for the


@@ -12726,6 +13553,7 @@ perspectives.  And WIPO was an ideal venue for this discussion, since
 WIPO is the preeminent international body dealing with intellectual
 property issues.
 </para>
 WIPO is the preeminent international body dealing with intellectual
 property issues.
 </para>

+<indexterm id='idxworldsummitontheinformationsocietywsis' class='startofrange'><primary>World Summit on the Information Society (WSIS)</primary></indexterm>

 <para>
 Indeed, I was once publicly scolded for not recognizing this fact
 about WIPO. In February 2003, I delivered a keynote address to a
 <para>
 Indeed, I was once publicly scolded for not recognizing this fact
 about WIPO. In February 2003, I delivered a keynote address to a


@@ -12756,6 +13584,12 @@ had thought it was taken for granted that WIPO could and should. And
 thus the meeting about <quote>open and collaborative projects to create
 public goods</quote> seemed perfectly appropriate within the WIPO agenda.
 </para>
 thus the meeting about <quote>open and collaborative projects to create
 public goods</quote> seemed perfectly appropriate within the WIPO agenda.
 </para>

+<indexterm startref='idxintellectualpropertyrightsinternationalorganizationonissuesof' class='endofrange'/>
+<indexterm startref='idxworldintellectualpropertyorganizationwipo' class='endofrange'/>
+<indexterm startref='idxworldsummitontheinformationsocietywsis' class='endofrange'/>
+<indexterm id='idxfreesoftwareopensourcesoftwarefsoss' class='startofrange'><primary>free software/open-source software (FS/OSS)</primary></indexterm>
+<indexterm><primary>Apple Corporation</primary></indexterm>
+<indexterm id='idxmicrosoftonfreesoftware' class='startofrange'><primary>Microsoft</primary><secondary>on free software</secondary></indexterm>

 <para>
 But there is one project within that list that is highly
 controversial, at least among lobbyists. That project is <quote>open source
 <para>
 But there is one project within that list that is highly
 controversial, at least among lobbyists. That project is <quote>open source


@@ -12767,6 +13601,10 @@ Microsoft's software. And internationally, many governments have begun
 to explore requirements that they use open source or free software,
 rather than <quote>proprietary software,</quote> for their own internal uses.
 </para>
 to explore requirements that they use open source or free software,
 rather than <quote>proprietary software,</quote> for their own internal uses.
 </para>

+<indexterm><primary><quote>copyleft</quote> licenses</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>

 <para>
 I don't mean to enter that debate here. It is important only to
 make clear that the distinction is not between commercial and
 <para>
 I don't mean to enter that debate here. It is important only to
 make clear that the distinction is not between commercial and


@@ -12795,11 +13633,10 @@ Model</citetitle>, discussion at New York University Stern School of Business (3
 May 2001), available at
 <ulink url="http://free-culture.cc/notes/">link #63</ulink>.
 </para></footnote>
 May 2001), available at
 <ulink url="http://free-culture.cc/notes/">link #63</ulink>.
 </para></footnote>

-<indexterm><primary>IBM</primary></indexterm>
-<indexterm><primary><quote>copyleft</quote> licenses</primary></indexterm>
-<indexterm><primary>GNU/Linux operating system</primary></indexterm>
-<indexterm><primary>Linux operating system</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxlessiglawrenceininternationaldebateonintellectualproperty' class='endofrange'/>
+<indexterm><primary>General Public License (GPL)</primary></indexterm>
+<indexterm><primary>GPL (General Public License)</primary></indexterm>

 <para>
 More important for our purposes, to support <quote>open source and free
 software</quote> is not to oppose copyright. <quote>Open source and free software</quote>
 <para>
 More important for our purposes, to support <quote>open source and free
 software</quote> is not to oppose copyright. <quote>Open source and free software</quote>


@@ -12818,6 +13655,10 @@ software. If copyright did not govern software, then free software
 could not impose the same kind of requirements on its adopters. It
 thus depends upon copyright law just as Microsoft does.
 </para>
 could not impose the same kind of requirements on its adopters. It
 thus depends upon copyright law just as Microsoft does.
 </para>

+<indexterm id='idxintellectualpropertyrightsinternationalorganizationonissuesof2' class='startofrange'><primary>intellectual property rights</primary><secondary>international organization on issues of</secondary></indexterm>
+<indexterm id='idxworldintellectualpropertyorganizationwipo2' class='startofrange'><primary>World Intellectual Property Organization (WIPO)</primary></indexterm>
+<indexterm id='idxkrimjonathan' class='startofrange'><primary>Krim, Jonathan</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>WIPO meeting opposed by</secondary></indexterm>

 <para>
 It is therefore understandable that as a proprietary software
 developer, Microsoft would oppose this WIPO meeting, and
 <para>
 It is therefore understandable that as a proprietary software
 developer, Microsoft would oppose this WIPO meeting, and


@@ -12831,7 +13672,6 @@ Krim, <quote>The Quiet War over Open-Source,</quote> available at <ulink
 url="http://free-culture.cc/notes/">link #64</ulink>.
 </para></footnote>
 And without U.S. backing, the meeting was canceled.
 url="http://free-culture.cc/notes/">link #64</ulink>.
 </para></footnote>
 And without U.S. backing, the meeting was canceled.

-<indexterm><primary>Krim, Jonathan</primary></indexterm>

 </para>
 <para>
 I don't blame Microsoft for doing what it can to advance its own
 </para>
 <para>
 I don't blame Microsoft for doing what it can to advance its own


@@ -12841,6 +13681,8 @@ its lobbying here, and nothing terribly surprising about the most
 powerful software producer in the United States having succeeded in
 its lobbying efforts.
 </para>
 powerful software producer in the United States having succeeded in
 its lobbying efforts.
 </para>

+<indexterm startref='idxmicrosoftonfreesoftware' class='endofrange'/>
+<indexterm><primary>Boland, Lois</primary></indexterm>

 <para>
 What was surprising was the United States government's reason for
 opposing the meeting. Again, as reported by Krim, Lois Boland, acting
 <para>
 What was surprising was the United States government's reason for
 opposing the meeting. Again, as reported by Krim, Lois Boland, acting


@@ -12851,9 +13693,11 @@ She is quoted as saying, <quote>To hold a meeting which has as its purpose
 to disclaim or waive such rights seems to us to be contrary to the
 goals of WIPO.</quote>
 </para>
 to disclaim or waive such rights seems to us to be contrary to the
 goals of WIPO.</quote>
 </para>

+<indexterm startref='idxkrimjonathan' class='endofrange'/>

 <para>
 These statements are astonishing on a number of levels.
 </para>
 <para>
 These statements are astonishing on a number of levels.
 </para>

+<indexterm startref='idxfreesoftwareopensourcesoftwarefsoss' class='endofrange'/>

 <!-- PAGE BREAK 273 -->
 <para>
 First, they are just flat wrong. As I described, most open source and
 <!-- PAGE BREAK 273 -->
 <para>
 First, they are just flat wrong. As I described, most open source and


@@ -12865,6 +13709,10 @@ in understanding&mdash;the sort of mistake that is excusable in a
 first-year law student, but an embarrassment from a high government
 official dealing with intellectual property issues.
 </para>
 first-year law student, but an embarrassment from a high government
 official dealing with intellectual property issues.
 </para>

+<indexterm><primary>World Summit on the Information Society (WSIS)</primary></indexterm>
+<indexterm><primary>drugs</primary><secondary>pharmaceutical</secondary></indexterm>
+<indexterm><primary>generic drugs</primary></indexterm>
+<indexterm><primary>patents</primary><secondary>on pharmaceuticals</secondary></indexterm>

 <para>
 Second, who ever said that WIPO's exclusive aim was to <quote>promote</quote>
 intellectual property maximally? As I had been scolded at the
 <para>
 Second, who ever said that WIPO's exclusive aim was to <quote>promote</quote>
 intellectual property maximally? As I had been scolded at the


@@ -12878,6 +13726,7 @@ based on drugs whose patent has expired) contrary to the WIPO mission?
 Does the public domain weaken intellectual property? Would it have
 been better if the protocols of the Internet had been patented?
 </para>
 Does the public domain weaken intellectual property? Would it have
 been better if the protocols of the Internet had been patented?
 </para>

+<indexterm><primary>Gates, Bill</primary></indexterm>

 <para>
 Third, even if one believed that the purpose of WIPO was to maximize
 intellectual property rights, in our tradition, intellectual property
 <para>
 Third, even if one believed that the purpose of WIPO was to maximize
 intellectual property rights, in our tradition, intellectual property


@@ -12890,8 +13739,8 @@ good in the world, that is not inconsistent with the objectives of the
 property system. That is, on the contrary, just what a property system
 is supposed to be about: giving individuals the right to decide what
 to do with <emphasis>their</emphasis> property.
 property system. That is, on the contrary, just what a property system
 is supposed to be about: giving individuals the right to decide what
 to do with <emphasis>their</emphasis> property.

-<indexterm><primary>Gates, Bill</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxboland' class='startofrange'><primary>Boland, Lois</primary></indexterm>

 <para>
 When Ms. Boland says that there is something wrong with a meeting
 <quote>which has as its purpose to disclaim or waive such rights,</quote> she's
 <para>
 When Ms. Boland says that there is something wrong with a meeting
 <quote>which has as its purpose to disclaim or waive such rights,</quote> she's


@@ -12904,6 +13753,8 @@ WIPO is not just that intellectual property rights be maximized, but
 that they also should be exercised in the most extreme and restrictive
 way possible.
 </para>
 that they also should be exercised in the most extreme and restrictive
 way possible.
 </para>

+<indexterm id='idxfeudalsystem' class='startofrange'><primary>feudal system</primary></indexterm>
+<indexterm id='idxpropertyrightsfeudalsystemof' class='startofrange'><primary>property rights</primary><secondary>feudal system of</secondary></indexterm>

 <para>
 There is a history of just such a property system that is well known
 in the Anglo-American tradition. It is called <quote>feudalism.</quote> Under
 <para>
 There is a history of just such a property system that is well known
 in the Anglo-American tradition. It is called <quote>feudalism.</quote> Under


@@ -12930,6 +13781,8 @@ choice now is whether that information society will be
 <emphasis>free</emphasis> or <emphasis>feudal</emphasis>. The trend is
 toward the feudal.
 </para>
 <emphasis>free</emphasis> or <emphasis>feudal</emphasis>. The trend is
 toward the feudal.
 </para>

+<indexterm startref='idxfeudalsystem' class='endofrange'/>
+<indexterm startref='idxpropertyrightsfeudalsystemof' class='endofrange'/>

 <para>
 When this battle broke, I blogged it. A spirited debate within the
 comment section ensued. Ms. Boland had a number of supporters who
 <para>
 When this battle broke, I blogged it. A spirited debate within the
 comment section ensued. Ms. Boland had a number of supporters who


@@ -12937,6 +13790,8 @@ tried to show why her comments made sense. But there was one comment
 that was particularly depressing for me. An anonymous poster wrote,
 </para>
 <blockquote>
 that was particularly depressing for me. An anonymous poster wrote,
 </para>
 <blockquote>

+<indexterm startref='idxintellectualpropertyrightsinternationalorganizationonissuesof2' class='endofrange'/>
+<indexterm startref='idxworldintellectualpropertyorganizationwipo2' class='endofrange'/>

 <para>
 George, you misunderstand Lessig: He's only talking about the world as
 it should be (<quote>the goal of WIPO, and the goal of any government,
 <para>
 George, you misunderstand Lessig: He's only talking about the world as
 it should be (<quote>the goal of WIPO, and the goal of any government,


@@ -12959,6 +13814,7 @@ mistake. I have no illusion about the extremism of our government,
 whether Republican or Democrat. My only illusion apparently is about
 whether our government should speak the truth or not.)
 </para>
 whether Republican or Democrat. My only illusion apparently is about
 whether our government should speak the truth or not.)
 </para>

+<indexterm startref='idxboland' class='endofrange'/>

 <para>
 Obviously, however, the poster was not supporting that idea.  Instead,
 the poster was ridiculing the very idea that in the real world, the
 <para>
 Obviously, however, the poster was not supporting that idea.  Instead,
 the poster was ridiculing the very idea that in the real world, the


@@ -12992,20 +13848,22 @@ something more than the handmaiden of the most powerful interests.
 It might be crazy to argue that we should preserve a tradition that has
 been part of our tradition for most of our history&mdash;free culture.
 </para>
 It might be crazy to argue that we should preserve a tradition that has
 been part of our tradition for most of our history&mdash;free culture.
 </para>

-<indexterm><primary>CodePink Women in Peace</primary></indexterm>

 <para>
 <para>

-If this is crazy, then let there be more crazies. Soon.  There are
-moments of hope in this struggle. And moments that surprise. When the
-FCC was considering relaxing ownership rules, which would thereby
-further increase the concentration in media ownership, an
-extraordinary bipartisan coalition formed to fight this change. For
-perhaps the first time in history, interests as diverse as the NRA,
-the ACLU, Moveon.org, William Safire, Ted Turner, and CodePink Women
-for Peace organized to oppose this change in FCC policy. An
-astonishing 700,000 letters were sent to the FCC, demanding more
-hearings and a different result.
-<indexterm><primary>Turner, Ted</primary></indexterm>
+If this is crazy, then let there be more crazies. Soon.
+</para>
+<indexterm><primary>CodePink Women in Peace</primary></indexterm>

 <indexterm><primary>Safire, William</primary></indexterm>
 <indexterm><primary>Safire, William</primary></indexterm>

+<indexterm><primary>Turner, Ted</primary></indexterm>
+<para>
+<emphasis role='strong'>There are moments</emphasis> of hope in this
+struggle. And moments that surprise. When the FCC was considering
+relaxing ownership rules, which would thereby further increase the
+concentration in media ownership, an extraordinary bipartisan
+coalition formed to fight this change. For perhaps the first time in
+history, interests as diverse as the NRA, the ACLU, Moveon.org,
+William Safire, Ted Turner, and CodePink Women for Peace organized to
+oppose this change in FCC policy. An astonishing 700,000 letters were
+sent to the FCC, demanding more hearings and a different result.

 </para>
 <para>
 This activism did not stop the FCC, but soon after, a broad coalition
 </para>
 <para>
 This activism did not stop the FCC, but soon after, a broad coalition


@@ -13053,8 +13911,9 @@ of our tragedy.
 </para>
 <indexterm><primary>Dylan, Bob</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Dylan, Bob</primary></indexterm>
 <para>

-As I write these final words, the news is filled with stories about
-the RIAA lawsuits against almost three hundred individuals.<footnote><para>
+<emphasis role='strong'>As I write</emphasis> these final words, the
+news is filled with stories about the RIAA lawsuits against almost
+three hundred individuals.<footnote><para>

 <!-- f11. -->
 John Borland, <quote>RIAA Sues 261 File Swappers,</quote> CNET News.com, September
 2003, available at
 <!-- f11. -->
 John Borland, <quote>RIAA Sues 261 File Swappers,</quote> CNET News.com, September
 2003, available at


@@ -13098,8 +13957,11 @@ kids who use a computer to share content.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

+<indexterm><primary>BBC</primary></indexterm>
+<indexterm><primary>Brazil, free culture in</primary></indexterm>

 <indexterm><primary>Creative Commons</primary></indexterm>
 <indexterm><primary>Gil, Gilberto</primary></indexterm>
 <indexterm><primary>Creative Commons</primary></indexterm>
 <indexterm><primary>Gil, Gilberto</primary></indexterm>

+<indexterm><primary>United Kingdom</primary><secondary>public creative archive in</secondary></indexterm>

 <para>
 Yet on the other side of the Atlantic, the BBC has just announced
 that it will build a <quote>Creative Archive,</quote> from which British citizens can
 <para>
 Yet on the other side of the Atlantic, the BBC has just announced
 that it will build a <quote>Creative Archive,</quote> from which British citizens can


@@ -13139,9 +14001,9 @@ potential is ever to be realized.
 <para>
 
 <!-- PAGE BREAK 280 -->
 <para>
 
 <!-- PAGE BREAK 280 -->

-At least some who have read this far will agree with me that something
-must be done to change where we are heading. The balance of this book
-maps what might be done.
+<emphasis role='strong'>At least some</emphasis> who have read this
+far will agree with me that something must be done to change where we
+are heading. The balance of this book maps what might be done.

 </para>
 <para>
 I divide this map into two parts: that which anyone can do now,
 </para>
 <para>
 I divide this map into two parts: that which anyone can do now,


@@ -13168,10 +14030,11 @@ sketch changes that Congress could make to better secure a free culture.
 <section id="usnow">
 <title>US, NOW</title>
 <para>
 <section id="usnow">
 <title>US, NOW</title>
 <para>

-Common sense is with the copyright warriors because the debate so far
-has been framed at the extremes&mdash;as a grand either/or: either
-property or anarchy, either total control or artists won't be paid. If
-that really is the choice, then the warriors should win.
+<emphasis role='strong'>Common sense</emphasis> is with the copyright
+warriors because the debate so far has been framed at the
+extremes&mdash;as a grand either/or: either property or anarchy,
+either total control or artists won't be paid. If that really is the
+choice, then the warriors should win.

 </para>
 <para>
 The mistake here is the error of the excluded middle. There are
 </para>
 <para>
 The mistake here is the error of the excluded middle. There are


@@ -13183,6 +14046,8 @@ permission before you <quote>use</quote> a copyrighted work in any way. The <quo
 Rights Reserved</quote> sorts believe you should be able to do with content
 as you wish, regardless of whether you have permission or not.
 </para>
 Rights Reserved</quote> sorts believe you should be able to do with content
 as you wish, regardless of whether you have permission or not.
 </para>

+<indexterm id='idxinternetdevelopmentof2' class='startofrange'><primary>Internet</primary><secondary>development of</secondary></indexterm>
+<indexterm id='idxinternetinitialfreecharacterof' class='startofrange'><primary>Internet</primary><secondary>initial free character of</secondary></indexterm>

 <para>
 When the Internet was first born, its initial architecture effectively
 tilted in the <quote>no rights reserved</quote> direction. Content could be copied
 <para>
 When the Internet was first born, its initial architecture effectively
 tilted in the <quote>no rights reserved</quote> direction. Content could be copied


@@ -13209,6 +14074,8 @@ content requires permission.  The <quote>cut and paste</quote> world that define
 the Internet today will become a <quote>get permission to cut and paste</quote>
 world that is a creator's nightmare.
 </para>
 the Internet today will become a <quote>get permission to cut and paste</quote>
 world that is a creator's nightmare.
 </para>

+<indexterm startref='idxinternetdevelopmentof2' class='endofrange'/>
+<indexterm startref='idxinternetinitialfreecharacterof' class='endofrange'/>

 <para>
 What's needed is a way to say something in the middle&mdash;neither
 <quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but <quote>some rights
 <para>
 What's needed is a way to say something in the middle&mdash;neither
 <quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but <quote>some rights


@@ -13217,9 +14084,11 @@ creators to free content as they see fit. In other words, we need a
 way to restore a set of freedoms that we could just take for granted
 before.
 </para>
 way to restore a set of freedoms that we could just take for granted
 before.
 </para>

-

 <section id="examples">
 <title>Rebuilding Freedoms Previously Presumed: Examples</title>
 <section id="examples">
 <title>Rebuilding Freedoms Previously Presumed: Examples</title>

+<indexterm id='idxfreeculturerestorationeffortsonpreviousaspectsof' class='startofrange'><primary>free culture</primary><secondary>restoration efforts on previous aspects of</secondary></indexterm>
+<indexterm id='idxbrowsing' class='startofrange'><primary>browsing</primary></indexterm>
+<indexterm id='idxprivacyrights2' class='startofrange'><primary>privacy rights</primary></indexterm>

 <para>
 If you step back from the battle I've been describing here, you will
 recognize this problem from other contexts. Think about
 <para>
 If you step back from the battle I've been describing here, you will
 recognize this problem from other contexts. Think about


@@ -13250,7 +14119,9 @@ of privacy. That privacy is guaranteed to us by friction. Not by law
 places, not by norms (snooping and gossip are just fun), but instead,
 by the costs that friction imposes on anyone who would want to spy.
 </para>
 places, not by norms (snooping and gossip are just fun), but instead,
 by the costs that friction imposes on anyone who would want to spy.
 </para>

-<indexterm><primary>Amazon</primary></indexterm>
+<indexterm id='idxamazon' class='startofrange'><primary>Amazon</primary></indexterm>
+<indexterm><primary>cookies, Internet</primary></indexterm>
+<indexterm id='idxinternetprivacyprotectionon' class='startofrange'><primary>Internet</primary><secondary>privacy protection on</secondary></indexterm>

 <para>
 Enter the Internet, where the cost of tracking browsing in particular
 has become quite tiny. If you're a customer at Amazon, then as you
 <para>
 Enter the Internet, where the cost of tracking browsing in particular
 has become quite tiny. If you're a customer at Amazon, then as you


@@ -13260,8 +14131,8 @@ at. You know this because at the side of the page, there's a list of
 and the function of cookies on the Net, it is easier to collect the
 data than not. The friction has disappeared, and hence any <quote>privacy</quote>
 protected by the friction disappears, too.
 and the function of cookies on the Net, it is easier to collect the
 data than not. The friction has disappeared, and hence any <quote>privacy</quote>
 protected by the friction disappears, too.

-<indexterm><primary>cookies, Internet</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>libraries</primary><secondary>privacy rights in use of</secondary></indexterm>

 <para>
 Amazon, of course, is not the problem. But we might begin to worry
 about libraries. If you're one of those crazy lefties who thinks that
 <para>
 Amazon, of course, is not the problem. But we might begin to worry
 about libraries. If you're one of those crazy lefties who thinks that


@@ -13272,6 +14143,8 @@ you. If it becomes simple to gather and sort who does what in
 electronic spaces, then the friction-induced privacy of yesterday
 disappears.
 </para>
 electronic spaces, then the friction-induced privacy of yesterday
 disappears.
 </para>

+<indexterm startref='idxbrowsing' class='endofrange'/>
+<indexterm startref='idxamazon' class='endofrange'/>

 <para>
 It is this reality that explains the push of many to define <quote>privacy</quote>
 on the Internet. It is the recognition that technology can remove what
 <para>
 It is this reality that explains the push of many to define <quote>privacy</quote>
 on the Internet. It is the recognition that technology can remove what


@@ -13296,6 +14169,11 @@ kind of freedom that was passively provided before. A change in
 technology now forces those who believe in privacy to affirmatively
 act where, before, privacy was given by default.
 </para>
 technology now forces those who believe in privacy to affirmatively
 act where, before, privacy was given by default.
 </para>

+<indexterm startref='idxprivacyrights2' class='endofrange'/>
+<indexterm startref='idxinternetprivacyprotectionon' class='endofrange'/>
+<indexterm><primary>Data General</primary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>
+<indexterm id='idxfreesoftwareopensourcesoftwarefsoss2' class='startofrange'><primary>free software/open-source software (FS/OSS)</primary></indexterm>

 <para>
 A similar story could be told about the birth of the free software
 movement. When computers with software were first made available
 <para>
 A similar story could be told about the birth of the free software
 movement. When computers with software were first made available


@@ -13303,9 +14181,8 @@ commercially, the software&mdash;both the source code and the
 binaries&mdash; was free. You couldn't run a program written for a
 Data General machine on an IBM machine, so Data General and IBM didn't
 care much about controlling their software.
 binaries&mdash; was free. You couldn't run a program written for a
 Data General machine on an IBM machine, so Data General and IBM didn't
 care much about controlling their software.

-<indexterm><primary>IBM</primary></indexterm>

 </para>
 </para>

-<indexterm><primary>Stallman, Richard</primary></indexterm>
+<indexterm id='idxstallmanrichard' class='startofrange'><primary>Stallman, Richard</primary></indexterm>

 <para>
 That was the world Richard Stallman was born into, and while he was a
 researcher at MIT, he grew to love the community that developed when
 <para>
 That was the world Richard Stallman was born into, and while he was a
 researcher at MIT, he grew to love the community that developed when


@@ -13326,6 +14203,7 @@ free to tinker with and improve the code that ran a machine. This,
 too, was knowledge. Why shouldn't it be open for criticism like
 anything else?
 </para>
 too, was knowledge. Why shouldn't it be open for criticism like
 anything else?
 </para>

+<indexterm id='idxproprietarycode' class='startofrange'><primary>proprietary code</primary></indexterm>

 <para>
 No one answered that question. Instead, the architecture of revenue
 for computing changed. As it became possible to import programs from
 <para>
 No one answered that question. Instead, the architecture of revenue
 for computing changed. As it became possible to import programs from


@@ -13344,6 +14222,8 @@ economics of computing. And as he believed, if he did nothing about
 it, then the freedom to change and share software would be
 fundamentally weakened.
 </para>
 it, then the freedom to change and share software would be
 fundamentally weakened.
 </para>

+<indexterm startref='idxproprietarycode' class='endofrange'/>
+<indexterm><primary>Torvalds, Linus</primary></indexterm>

 <para>
 Therefore, in 1984, Stallman began a project to build a free operating
 system, so that at least a strain of free software would survive. That
 <para>
 Therefore, in 1984, Stallman began a project to build a free operating
 system, so that at least a strain of free software would survive. That


@@ -13371,14 +14251,19 @@ that bind copyrighted code, Stallman was affirmatively reclaiming a
 space where free software would survive. He was actively protecting
 what before had been passively guaranteed.
 </para>
 space where free software would survive. He was actively protecting
 what before had been passively guaranteed.
 </para>

+<indexterm startref='idxfreesoftwareopensourcesoftwarefsoss2' class='endofrange'/>
+<indexterm startref='idxstallmanrichard' class='endofrange'/>
+<indexterm id='idxacademicjournals' class='startofrange'><primary>academic journals</primary></indexterm>
+<indexterm id='idxscientificjournals' class='startofrange'><primary>scientific journals</primary></indexterm>

 <para>
 Finally, consider a very recent example that more directly resonates
 with the story of this book. This is the shift in the way academic and
 scientific journals are produced.
 </para>
 <para>
 Finally, consider a very recent example that more directly resonates
 with the story of this book. This is the shift in the way academic and
 scientific journals are produced.
 </para>

-<indexterm id="idxacademocjournals" class='startofrange'>
-  <primary>academic journals</primary>
-</indexterm>
+<indexterm id='idxlexisandwestlaw' class='startofrange'><primary>Lexis and Westlaw</primary></indexterm>
+<indexterm id='idxlawdatabasesofcasereportsin' class='startofrange'><primary>law</primary><secondary>databases of case reports in</secondary></indexterm>
+<indexterm><primary>libraries</primary><secondary>journals in</secondary></indexterm>
+<indexterm><primary>Supreme Court, U.S.</primary><secondary>access to opinions of</secondary></indexterm>

 <para>
 As digital technologies develop, it is becoming obvious to many that
 printing thousands of copies of journals every month and sending them
 <para>
 As digital technologies develop, it is becoming obvious to many that
 printing thousands of copies of journals every month and sending them


@@ -13395,6 +14280,8 @@ and Westlaw are also free
 to charge users for the privilege of gaining access to that Supreme
 Court opinion through their respective services.
 </para>
 to charge users for the privilege of gaining access to that Supreme
 Court opinion through their respective services.
 </para>

+<indexterm><primary>public domain</primary><secondary>access fees for material in</secondary></indexterm>
+<indexterm id='idxpublicdomainlicensesystemforrebuildingof' class='startofrange'><primary>public domain</primary><secondary>license system for rebuilding of</secondary></indexterm>

 <para>
 There's nothing wrong in general with this, and indeed, the ability to
 charge for access to even public domain materials is a good incentive
 <para>
 There's nothing wrong in general with this, and indeed, the ability to
 charge for access to even public domain materials is a good incentive


@@ -13404,11 +14291,14 @@ to flourish. And if there's nothing wrong with selling the public
 domain, then there could be nothing wrong, in principle, with selling
 access to material that is not in the public domain.
 </para>
 domain, then there could be nothing wrong, in principle, with selling
 access to material that is not in the public domain.
 </para>

+<indexterm startref='idxlexisandwestlaw' class='endofrange'/>
+<indexterm startref='idxlawdatabasesofcasereportsin' class='endofrange'/>

 <para>
 But what if the only way to get access to social and scientific data
 was through proprietary services? What if no one had the ability to
 browse this data except by paying for a subscription?
 </para>
 <para>
 But what if the only way to get access to social and scientific data
 was through proprietary services? What if no one had the ability to
 browse this data except by paying for a subscription?
 </para>

+<indexterm id='idxlibrariesjournalsin' class='startofrange'><primary>libraries</primary><secondary>journals in</secondary></indexterm>

 <para>
 As many are beginning to notice, this is increasingly the reality with
 scientific journals. When these journals were distributed in paper
 <para>
 As many are beginning to notice, this is increasingly the reality with
 scientific journals. When these journals were distributed in paper


@@ -13429,6 +14319,8 @@ public libraries begin to disappear. Thus, as with privacy and with
 software, a changing technology and market shrink a freedom taken for
 granted before.
 </para>
 software, a changing technology and market shrink a freedom taken for
 granted before.
 </para>

+<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
+<indexterm><primary>Public Library of Science (PLoS)</primary></indexterm>

 <para>
 This shrinking freedom has led many to take affirmative steps to
 restore the freedom that has been lost. The Public Library of Science
 <para>
 This shrinking freedom has led many to take affirmative steps to
 restore the freedom that has been lost. The Public Library of Science


@@ -13441,8 +14333,8 @@ then deposited in a public, electronic archive and made permanently
 available for free. PLoS also sells a print version of its work, but
 the copyright for the print journal does not inhibit the right of
 anyone to redistribute the work for free.
 available for free. PLoS also sells a print version of its work, but
 the copyright for the print journal does not inhibit the right of
 anyone to redistribute the work for free.

-<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxlibrariesjournalsin' class='endofrange'/>

 <para>
 This is one of many such efforts to restore a freedom taken for
 granted before, but now threatened by changing technology and markets.
 <para>
 This is one of many such efforts to restore a freedom taken for
 granted before, but now threatened by changing technology and markets.


@@ -13452,18 +14344,18 @@ distribution of content. But competition in our tradition is
 presumptively a good&mdash;especially when it helps spread knowledge
 and science.
 </para>
 presumptively a good&mdash;especially when it helps spread knowledge
 and science.
 </para>

-<indexterm startref="idxacademocjournals" class='endofrange'/>
-
+<indexterm startref='idxfreeculturerestorationeffortsonpreviousaspectsof' class='endofrange'/>
+<indexterm startref='idxacademicjournals' class='endofrange'/>
+<indexterm startref='idxscientificjournals' class='endofrange'/>

 </section>
 <section id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>
 </section>
 <section id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>

-<indexterm id="idxcc" class='startofrange'>
-  <primary>Creative Commons</primary>
-</indexterm>
+<indexterm id='idxcreativecommons' class='startofrange'><primary>Creative Commons</primary></indexterm>

 <para>
 The same strategy could be applied to culture, as a response to the
 increasing control effected through law and technology.
 </para>
 <para>
 The same strategy could be applied to culture, as a response to the
 increasing control effected through law and technology.
 </para>

+<indexterm><primary>Stanford University</primary></indexterm>

 <para>
 Enter the Creative Commons. The Creative Commons is a nonprofit
 corporation established in Massachusetts, but with its home at
 <para>
 Enter the Creative Commons. The Creative Commons is a nonprofit
 corporation established in Massachusetts, but with its home at


@@ -13515,6 +14407,7 @@ upon. Voluntary choice of individuals and creators will make this
 content available. And that content will in turn enable us to rebuild
 a public domain.
 </para>
 content available. And that content will in turn enable us to rebuild
 a public domain.
 </para>

+<indexterm><primary>Garlick, Mia</primary></indexterm>

 <para>
 This is just one project among many within the Creative Commons.  And
 of course, Creative Commons is not the only organization pursuing such
 <para>
 This is just one project among many within the Creative Commons.  And
 of course, Creative Commons is not the only organization pursuing such


@@ -13526,8 +14419,8 @@ aim is to build a movement of consumers and producers
 of content (<quote>content conducers,</quote> as attorney Mia Garlick calls them)
 who help build the public domain and, by their work, demonstrate the
 importance of the public domain to other creativity.
 of content (<quote>content conducers,</quote> as attorney Mia Garlick calls them)
 who help build the public domain and, by their work, demonstrate the
 importance of the public domain to other creativity.

-<indexterm><primary>Garlick, Mia</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>Jefferson, Thomas</primary></indexterm>

 <para>
 The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The aim is to
 complement them. The problems that the law creates for us as a culture
 <para>
 The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The aim is to
 complement them. The problems that the law creates for us as a culture


@@ -13540,6 +14433,7 @@ freedoms, expressed in ways so that humans without lawyers can use
 them&mdash;are needed. Creative Commons gives people a way effectively
 to begin to build those rules.
 </para>
 them&mdash;are needed. Creative Commons gives people a way effectively
 to begin to build those rules.
 </para>

+<indexterm id='idxbooksfreeonline2' class='startofrange'><primary>books</primary><secondary>free on-line releases of</secondary></indexterm>

 <para>
 Why would creators participate in giving up total control? Some
 participate to better spread their content. Cory Doctorow, for
 <para>
 Why would creators participate in giving up total control? Some
 participate to better spread their content. Cory Doctorow, for


@@ -13565,6 +14459,8 @@ conclusion.  The book's first printing was exhausted months before the
 publisher had expected. This first novel of a science fiction author
 was a total success.
 </para>
 publisher had expected. This first novel of a science fiction author
 was a total success.
 </para>

+<indexterm><primary>Free for All (Wayner)</primary></indexterm>
+<indexterm><primary>Wayner, Peter</primary></indexterm>

 <para>
 The idea that free content might increase the value of nonfree content
 was confirmed by the experience of another author. Peter Wayner,
 <para>
 The idea that free content might increase the value of nonfree content
 was confirmed by the experience of another author. Peter Wayner,


@@ -13575,11 +14471,11 @@ Commons license after the book went out of print. He then monitored
 used book store prices for the book. As predicted, as the number of
 downloads increased, the used book price for his book increased, as
 well.
 used book store prices for the book. As predicted, as the number of
 downloads increased, the used book price for his book increased, as
 well.

-<indexterm><primary>Free for All (Wayner)</primary></indexterm>
-<indexterm><primary>Wayner, Peter</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxbooksfreeonline2' class='endofrange'/>

 <indexterm><primary>Public Enemy</primary></indexterm>
 <indexterm><primary>rap music</primary></indexterm>
 <indexterm><primary>Public Enemy</primary></indexterm>
 <indexterm><primary>rap music</primary></indexterm>

+<indexterm><primary>Leaphart, Walter</primary></indexterm>

 <para>
 These are examples of using the Commons to better spread proprietary
 content. I believe that is a wonderful and common use of the
 <para>
 These are examples of using the Commons to better spread proprietary
 content. I believe that is a wonderful and common use of the


@@ -13603,7 +14499,6 @@ Hittelman, a Fiat Lucre production, available at
 </para></footnote>),
 these artists release into the creative environment content
 that others can build upon, so that their form of creativity might grow.
 </para></footnote>),
 these artists release into the creative environment content
 that others can build upon, so that their form of creativity might grow.

-<indexterm><primary>Leaphart, Walter</primary></indexterm>

 </para>
 <para>
 Finally, there are many who mark their content with a Creative Commons
 </para>
 <para>
 Finally, there are many who mark their content with a Creative Commons


@@ -13644,19 +14539,19 @@ make it easier for authors and creators to exercise their rights more
 flexibly and cheaply. That difference, we believe, will enable
 creativity to spread more easily.
 </para>
 flexibly and cheaply. That difference, we believe, will enable
 creativity to spread more easily.
 </para>

-<indexterm startref="idxcc" class='endofrange'/>
-
+<indexterm startref='idxpublicdomainlicensesystemforrebuildingof' class='endofrange'/>
+<indexterm startref='idxcreativecommons' class='endofrange'/>

 <!-- PAGE BREAK 292 -->
 </section>
 </section>
 <section id="themsoon">
 <title>THEM, SOON</title>
 <para>
 <!-- PAGE BREAK 292 -->
 </section>
 </section>
 <section id="themsoon">
 <title>THEM, SOON</title>
 <para>

-We will not reclaim a free culture by individual action alone. It will
-also take important reforms of laws. We have a long way to go before
-the politicians will listen to these ideas and implement these reforms.
-But that also means that we have time to build awareness around the
-changes that we need.
+<emphasis role='strong'>We will</emphasis> not reclaim a free culture
+by individual action alone. It will also take important reforms of
+laws. We have a long way to go before the politicians will listen to
+these ideas and implement these reforms.  But that also means that we
+have time to build awareness around the changes that we need.

 </para>
 <para>
 In this chapter, I outline five kinds of changes: four that are general,
 </para>
 <para>
 In this chapter, I outline five kinds of changes: four that are general,


@@ -13835,6 +14730,7 @@ evolve. The best way to ensure that the system evolves is to limit the
 Copyright Office's role to that of approving standards for marking
 content that have been crafted elsewhere.
 </para>
 Copyright Office's role to that of approving standards for marking
 content that have been crafted elsewhere.
 </para>

+<indexterm><primary>CDs</primary><secondary>copyright marking of</secondary></indexterm>

 <para>
 For example, if a recording industry association devises a method for
 marking CDs, it would propose that to the Copyright Office. The
 <para>
 For example, if a recording industry association devises a method for
 marking CDs, it would propose that to the Copyright Office. The


@@ -13923,7 +14819,9 @@ into copyright when the term itself is kept short. A clear and active
 <quote>idea/expression</quote> less necessary to navigate.
 <!-- PAGE BREAK 298 -->
 </para></listitem>
 <quote>idea/expression</quote> less necessary to navigate.
 <!-- PAGE BREAK 298 -->
 </para></listitem>

-<listitem><para>
+<listitem>
+<indexterm><primary>veterans' pensions</primary></indexterm>
+<para>

 <!-- (3) -->
 <emphasis>Keep it alive:</emphasis> Copyright should have to be
 renewed.  Especially if the maximum term is long, the copyright owner
 <!-- (3) -->
 <emphasis>Keep it alive:</emphasis> Copyright should have to be
 renewed.  Especially if the maximum term is long, the copyright owner


@@ -13941,7 +14839,6 @@ available at
 If we make veterans suffer that burden, I don't see why we couldn't
 require authors to spend ten minutes every fifty years to file a
 single form.
 If we make veterans suffer that burden, I don't see why we couldn't
 require authors to spend ten minutes every fifty years to file a
 single form.

-<indexterm><primary>veterans' pensions</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- (4) -->
 </para></listitem>
 <listitem><para>
 <!-- (4) -->


@@ -13979,10 +14876,7 @@ a more generous copyright law than Richard Nixon presided over?
 <section id="freefairuse">
 <title>3. Free Use Vs. Fair Use</title>
 <indexterm><primary>land ownership, air traffic and</primary></indexterm>
 <section id="freefairuse">
 <title>3. Free Use Vs. Fair Use</title>
 <indexterm><primary>land ownership, air traffic and</primary></indexterm>

-<indexterm>
-  <primary>property rights</primary>
-  <secondary>air traffic vs.</secondary>
-</indexterm>
+<indexterm><primary>property rights</primary><secondary>air traffic vs.</secondary></indexterm>

 <para>
 As I observed at the beginning of this book, property law originally
 granted property owners the right to control their property from the
 <para>
 As I observed at the beginning of this book, property law originally
 granted property owners the right to control their property from the


@@ -14000,6 +14894,7 @@ work. Thus, if I write a book, and you base a movie on that book, I
 have the power to deny you the right to release that movie, even
 though that movie is not <quote>my writing.</quote>
 </para>
 have the power to deny you the right to release that movie, even
 though that movie is not <quote>my writing.</quote>
 </para>

+<indexterm><primary>Kaplan, Benjamin</primary></indexterm>

 <para>
 Congress granted the beginnings of this right in 1870, when it
 expanded the exclusive right of copyright to include a right to
 <para>
 Congress granted the beginnings of this right in 1870, when it
 expanded the exclusive right of copyright to include a right to


@@ -14011,7 +14906,6 @@ University Press, 1967), 32.
 The courts have expanded it slowly through judicial interpretation
 ever since. This expansion has been commented upon by one of the law's
 greatest judges, Judge Benjamin Kaplan.
 The courts have expanded it slowly through judicial interpretation
 ever since. This expansion has been commented upon by one of the law's
 greatest judges, Judge Benjamin Kaplan.

-<indexterm><primary>Kaplan, Benjamin</primary></indexterm>

 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>


@@ -14153,6 +15047,8 @@ content that is not copyrighted or to get access that the copyright
 owner plainly endorses.
 </para></listitem>
 </orderedlist>
 owner plainly endorses.
 </para></listitem>
 </orderedlist>

+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
+<indexterm><primary>VCRs</primary></indexterm>

 <para>
 Any reform of the law needs to keep these different uses in focus. It
 must avoid burdening type D even if it aims to eliminate type A. The
 <para>
 Any reform of the law needs to keep these different uses in focus. It
 must avoid burdening type D even if it aims to eliminate type A. The


@@ -14201,6 +15097,7 @@ Rockies&mdash;you can instantaneously be connected to the
 Internet. Imagine the Internet as ubiquitous as the best cell-phone
 service, where with the flip of a device, you are connected.
 </para>
 Internet. Imagine the Internet as ubiquitous as the best cell-phone
 service, where with the flip of a device, you are connected.
 </para>

+<indexterm><primary>cell phones, music streamed over</primary></indexterm>

 <para>
 In that world, it will be extremely easy to connect to services that
 give you access to content on the fly&mdash;such as Internet radio,
 <para>
 In that world, it will be extremely easy to connect to services that
 give you access to content on the fly&mdash;such as Internet radio,


@@ -14262,6 +15159,8 @@ unavailable because the work is forgotten. Either way, the aim of the
 law should be to facilitate the access to this content, ideally in a
 way that returns something to the artist.
 </para>
 law should be to facilitate the access to this content, ideally in a
 way that returns something to the artist.
 </para>

+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>

 <para>
 Again, the model here is the used book store. Once a book goes out of
 print, it may still be available in libraries and used book
 <para>
 Again, the model here is the used book store. Once a book goes out of
 print, it may still be available in libraries and used book


@@ -14334,11 +15233,13 @@ the Internet, or the p2p technologies that are currently harming
 content providers on the Internet, we should find a relatively simple
 way to compensate those who are harmed.
 </para>
 content providers on the Internet, we should find a relatively simple
 way to compensate those who are harmed.
 </para>

+<indexterm id='idxpromisestokeepfisher' class='startofrange'><primary>Promises to Keep (Fisher)</primary></indexterm>

 <para>
 The idea would be a modification of a proposal that has been
 floated by Harvard law professor William Fisher.<footnote>
 <para>
 <!-- f9. -->
 <para>
 The idea would be a modification of a proposal that has been
 floated by Harvard law professor William Fisher.<footnote>
 <para>
 <!-- f9. -->

+<indexterm id='idxartistspayments3' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

 William Fisher, <citetitle>Digital Music: Problems and Possibilities</citetitle> (last
 revised: 10 October 2000), available at
 <ulink url="http://free-culture.cc/notes/">link #77</ulink>; William
 William Fisher, <citetitle>Digital Music: Problems and Possibilities</citetitle> (last
 revised: 10 October 2000), available at
 <ulink url="http://free-culture.cc/notes/">link #77</ulink>; William


@@ -14375,6 +15276,7 @@ debate by about a decade. See
 <indexterm><primary>Fisher, William</primary></indexterm>
 <indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>
 <indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>
 <indexterm><primary>Fisher, William</primary></indexterm>
 <indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>
 <indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>

+<indexterm startref='idxartistspayments3' class='endofrange'/>

 </para></footnote>
 Fisher suggests a very clever way around the current impasse of the
 Internet. Under his plan, all content capable of digital transmission
 </para></footnote>
 Fisher suggests a very clever way around the current impasse of the
 Internet. Under his plan, all content capable of digital transmission


@@ -14400,8 +15302,9 @@ facilitate free exchange of content, supported through a taxation
 system, then it can be continued. If this form of protection is no
 longer necessary, then the system could lapse into the old system of
 controlling access.
 system, then it can be continued. If this form of protection is no
 longer necessary, then the system could lapse into the old system of
 controlling access.

-<indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxpromisestokeepfisher' class='endofrange'/>
+<indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

 <para>
 Fisher would balk at the idea of allowing the system to lapse. His aim
 is not just to ensure that artists are paid, but also to ensure that
 <para>
 Fisher would balk at the idea of allowing the system to lapse. His aim
 is not just to ensure that artists are paid, but also to ensure that


@@ -14415,7 +15318,10 @@ uses. A system that simply charges for access would not greatly burden
 semiotic democracy if there were few limitations on what one was
 allowed to do with the content itself.
 </para>
 semiotic democracy if there were few limitations on what one was
 allowed to do with the content itself.
 </para>

+<indexterm><primary>Apple Corporation</primary></indexterm>
+<indexterm><primary>MusicStore</primary></indexterm>

 <indexterm><primary>Real Networks</primary></indexterm>
 <indexterm><primary>Real Networks</primary></indexterm>

+<indexterm><primary>CDs</primary><secondary>prices of</secondary></indexterm>

 <para>
 No doubt it would be difficult to calculate the proper measure of
 <quote>harm</quote> to an industry. But the difficulty of making that calculation
 <para>
 No doubt it would be difficult to calculate the proper measure of
 <quote>harm</quote> to an industry. But the difficulty of making that calculation


@@ -14431,6 +15337,11 @@ Real Networks, offering music at just 79 cents a song. And no doubt
 there will be a great deal of competition to offer and sell music
 on-line.
 </para>
 there will be a great deal of competition to offer and sell music
 on-line.
 </para>

+<indexterm><primary>cable television</primary></indexterm>
+<indexterm><primary>television</primary><secondary>cable vs. broadcast</secondary></indexterm>
+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>
+<indexterm><primary>piracy</primary><secondary>in Asia</secondary></indexterm>
+<indexterm><primary>film industry</primary><secondary>luxury theatres vs. video piracy in</secondary></indexterm>

 <para>
 This competition has already occurred against the background of <quote>free</quote>
 music from p2p systems. As the sellers of cable television have known
 <para>
 This competition has already occurred against the background of <quote>free</quote>
 music from p2p systems. As the sellers of cable television have known


@@ -14532,6 +15443,8 @@ client. And in a world where the rich clients have one strong view,
 the unwillingness of the profession to question or counter that one
 strong view queers the law.
 </para>
 the unwillingness of the profession to question or counter that one
 strong view queers the law.
 </para>

+<indexterm><primary>Nimmer, Melville</primary></indexterm>
+<indexterm><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary><secondary>Supreme Court challenge of</secondary></indexterm>

 <para>
 The evidence of this bending is compelling. I'm attacked as a
 <quote>radical</quote> by many within the profession, yet the positions that I am
 <para>
 The evidence of this bending is compelling. I'm attacked as a
 <quote>radical</quote> by many within the profession, yet the positions that I am


@@ -14613,6 +15526,7 @@ away from areas that we know it will only harm. And that is precisely
 what the law will too often do if too much of our culture is left to
 its review.
 </para>
 what the law will too often do if too much of our culture is left to
 its review.
 </para>

+<indexterm><primary>Brezhnev, Leonid</primary></indexterm>

 <para>
 Think about the amazing things your kid could do or make with digital
 technology&mdash;the film, the music, the Web page, the blog. Or think
 <para>
 Think about the amazing things your kid could do or make with digital
 technology&mdash;the film, the music, the Web page, the blog. Or think


@@ -14626,7 +15540,7 @@ permission produces. Again, this is the reality of Brezhnev's Russia.
 The law should regulate in certain areas of culture&mdash;but it should
 regulate culture only where that regulation does good. Yet lawyers
 
 The law should regulate in certain areas of culture&mdash;but it should
 regulate culture only where that regulation does good. Yet lawyers
 

-<!-- PAGE BREAK 311 -->
+<!-- PAGE BREAK 311-->

 rarely test their power, or the power they promote, against this
 simple pragmatic question: <quote>Will it do good?</quote> When challenged about
 the expanding reach of the law, the lawyer answers, <quote>Why not?</quote>
 rarely test their power, or the power they promote, against this
 simple pragmatic question: <quote>Will it do good?</quote> When challenged about
 the expanding reach of the law, the lawyer answers, <quote>Why not?</quote>


@@ -14654,6 +15568,10 @@ alive, you will be redirected to that link. If the original link has
 disappeared, you will be redirected to an appropriate reference for
 the material.
 </para>
 disappeared, you will be redirected to an appropriate reference for
 the material.
 </para>

+
+<!-- insert endnotes here -->
+<?latex \theendnotes ?>
+

 <!--PAGE BREAK 336-->
 
 </chapter>
 <!--PAGE BREAK 336-->
 
 </chapter>