Update with new indexes and wrap lines.

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

diff --git a/freeculture.xml b/freeculture.xml
index 59bdc763114e86a6ed327a64bef72c59d4534b12..37be6037c95963eb5947baa58ab73613f11f9fbf 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -135,7 +135,7 @@ Appeals.
   <biblioid class="libraryofcongress">2003063276</biblioid>
 
 </bookinfo>
   <biblioid class="libraryofcongress">2003063276</biblioid>
 
 </bookinfo>

-<!-- PAGE BREAK 1 -->
+<!--PAGE BREAK 1-->

 <dedication id="salespoints">
 <title></title>
 <para>
 <dedication id="salespoints">
 <title></title>
 <para>


@@ -379,7 +379,7 @@ Pogue might have been right in 1999&mdash;I'm skeptical, but maybe.
 But even if he was right then, the point is not right now:
 <citetitle>Free Culture</citetitle> is about the troubles the Internet
 causes even after the modem is turned
 But even if he was right then, the point is not right now:
 <citetitle>Free Culture</citetitle> is about the troubles the Internet
 causes even after the modem is turned

-<!-- PAGE BREAK 12 -->
+<!--PAGE BREAK 12-->

 off. It is an argument about how the battles that now rage regarding life
 on-line have fundamentally affected "people who aren't online." There
 is no switch that will insulate us from the Internet's effect.
 off. It is an argument about how the battles that now rage regarding life
 on-line have fundamentally affected "people who aren't online." There
 is no switch that will insulate us from the Internet's effect.


@@ -472,7 +472,7 @@ like Stallman, I believe those are values of our past that will need
 to be defended in our future. A free culture has been our past, but it
 will only be our future if we change the path we are on right now.
 
 to be defended in our future. A free culture has been our past, but it
 will only be our future if we change the path we are on right now.
 

-<!-- PAGE BREAK 14 -->
+<!--PAGE BREAK 14-->

 Like Stallman's arguments for free software, an argument for free
 culture stumbles on a confusion that is hard to avoid, and even harder
 to understand. A free culture is not a culture without property; it is not
 Like Stallman's arguments for free software, an argument for free
 culture stumbles on a confusion that is hard to avoid, and even harder
 to understand. A free culture is not a culture without property; it is not


@@ -583,7 +583,7 @@ Goldstein, <citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press
 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
 dither. Other justices would have blathered on for pages to reach the
 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
 dither. Other justices would have blathered on for pages to reach the

-<!-- PAGE BREAK 18 -->
+<!--PAGE BREAK 18-->

 conclusion that Douglas holds in a single line: "Common sense revolts
 at the idea." But whether it takes pages or a few words, it is the special
 genius of a common law system, as ours is, that the law adjusts to the
 conclusion that Douglas holds in a single line: "Common sense revolts
 at the idea." But whether it takes pages or a few words, it is the special
 genius of a common law system, as ours is, that the law adjusts to the


@@ -671,7 +671,7 @@ was working for RCA. RCA was the dominant player in the then dominant
 AM radio market. By 1935, there were a thousand radio stations across
 the United States, but the stations in large cities were all owned by
 a handful of networks.
 AM radio market. By 1935, there were a thousand radio stations across
 the United States, but the stations in large cities were all owned by
 a handful of networks.

-<!-- PAGE BREAK 20 -->
+<!--PAGE BREAK 20-->

 </para>
 <para>
 RCA's president, David Sarnoff, a friend of Armstrong's, was eager
 </para>
 <para>
 RCA's president, David Sarnoff, a friend of Armstrong's, was eager


@@ -770,7 +770,7 @@ the government to protect it. The rhetoric of this protection is of
 course always public spirited; the reality is something
 different. Ideas that were as solid as rock in one age, but that, left
 to themselves, would crumble in
 course always public spirited; the reality is something
 different. Ideas that were as solid as rock in one age, but that, left
 to themselves, would crumble in

-<!-- PAGE BREAK 22 -->
+<!--PAGE BREAK 22-->

 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.
 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.


@@ -1018,7 +1018,7 @@ Wright brothers technology, most of us are simply unsympathetic.
 Common sense does not revolt. Unlike in the case of the unlucky
 Causbys, common sense is on the side of the property owners in this
 war. Unlike
 Common sense does not revolt. Unlike in the case of the unlucky
 Causbys, common sense is on the side of the property owners in this
 war. Unlike

-<!-- PAGE BREAK 27 -->
+<!--PAGE BREAK 27-->

 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>


@@ -2921,6 +2921,7 @@ how requires a bit of detail about the way the law regulates music.
 <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
 for reproducing music (Edison the phonograph, Fourneaux the player
 <para>
 At the time that Edison and Henri Fourneaux invented machines
 for reproducing music (Edison the phonograph, Fourneaux the player


@@ -4706,6 +4707,7 @@ under the Statute of Anne.<footnote><para>
 <!-- f8 -->
 Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard University Press,
 1993), 92.
 <!-- f8 -->
 Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard University Press,
 1993), 92.

+<indexterm><primary>Rose, Mark</primary></indexterm>

 </para></footnote>
 Donaldson's publishing house prospered
 <!-- PAGE BREAK 102 -->
 </para></footnote>
 Donaldson's publishing house prospered
 <!-- PAGE BREAK 102 -->


@@ -6273,6 +6275,7 @@ 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 "architecture of revenue."
 </para>
 on the content industry's way of doing business, or as John Seely
 Brown describes it, its "architecture of revenue."
 </para>

+<indexterm><primary>railroad industry</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


@@ -6870,6 +6873,7 @@ derivative works. See Jed Rubenfeld, "The Freedom of Imagination:
 Copyright's Constitutionality," <citetitle>Yale Law
 Journal</citetitle> 112 (2002): 1&ndash;60 (see especially
 pp. 53&ndash;59).
 Copyright's Constitutionality," <citetitle>Yale Law
 Journal</citetitle> 112 (2002): 1&ndash;60 (see especially
 pp. 53&ndash;59).

+<indexterm><primary>Rubenfeld, Jeb</primary></indexterm>

 </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>


@@ -7461,9 +7465,16 @@ often crazy.
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>

-<indexterm id="idxaibo" class='startofrange'>
+<indexterm id="idxaibo1" class='startofrange'>

   <primary>Aibo robotic dog</primary>
 </indexterm>
   <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 "Aibo." The Aibo
 learns tricks, cuddles, and follows you around. It eats only electricity
 <para>
 Consider the robotic dog made by Sony named "Aibo." The Aibo
 learns tricks, cuddles, and follows you around. It eats only electricity


@@ -7487,16 +7498,18 @@ was giving information to users of the Aibo pet about how to hack
 their computer "dog" to make it do new tricks (thus, aibohack.com).
 </para>
 <para>
 their computer "dog" to make it do new tricks (thus, aibohack.com).
 </para>
 <para>

-If you're not a programmer or don't know many programmers, the
-word <citetitle>hack</citetitle> has a particularly unfriendly connotation. Nonprogrammers
-hack bushes or weeds. Nonprogrammers in horror movies do even
-worse. But to programmers, or coders, as I call them, <citetitle>hack</citetitle> is a much
-more positive term. <citetitle>Hack</citetitle> just means code that enables the program to
-do something it wasn't originally intended or enabled to do. If you buy
-a new printer for an old computer, you might find the old computer
-doesn't run, or "drive," the printer. If you discovered that, you'd later be
-happy to discover a hack on the Net by someone who has written a
-driver to enable the computer to drive the printer you just bought.
+If you're not a programmer or don't know many programmers, the word
+<citetitle>hack</citetitle> has a particularly unfriendly
+connotation. Nonprogrammers hack bushes or weeds. Nonprogrammers in
+horror movies do even worse. But to programmers, or coders, as I call
+them, <citetitle>hack</citetitle> is a much more positive
+term. <citetitle>Hack</citetitle> just means code that enables the
+program to do something it wasn't originally intended or enabled to
+do. If you buy a new printer for an old computer, you might find the
+old computer doesn't run, or "drive," the printer. If you discovered
+that, you'd later be happy to discover a hack on the Net by someone
+who has written a driver to enable the computer to drive the printer
+you just bought.

 </para>
 <para>
 Some hacks are easy. Some are unbelievably hard. Hackers as a
 </para>
 <para>
 Some hacks are easy. Some are unbelievably hard. Hackers as a


@@ -7512,7 +7525,9 @@ 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="idxaibo" 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,


@@ -7599,6 +7614,16 @@ 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>

 <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


@@ -7612,6 +7637,9 @@ 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'/>

 <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


@@ -7658,6 +7686,12 @@ measures. It was designed to ban those devices, whether or not the use
 of the copyrighted material made possible by that circumvention would
 have been a copyright violation.
 </para>
 of the copyrighted material made possible by that circumvention would
 have been a copyright violation.
 </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>

 <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


@@ -7678,6 +7712,7 @@ suggested, Felten himself was distributing a circumvention technology.
 Thus, even though he was not himself infringing anyone's copyright,
 his academic paper was enabling others to infringe others' copyright.
 </para>
 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>

 <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


@@ -7710,6 +7745,7 @@ important.<footnote><para>
 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
 the VCR</citetitle> (New York: W. W. Norton, 1987), 270&ndash;71.
 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
 the VCR</citetitle> (New York: W. W. Norton, 1987), 270&ndash;71.

+<indexterm><primary>Rogers, Fred</primary></indexterm>

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


@@ -7756,6 +7792,12 @@ 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>
 good, but permits guns, despite the obvious and tragic harm they do.
 <indexterm><primary>Conrad, Paul</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>

 <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


@@ -11231,6 +11273,7 @@ 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>Fried, Charles</primary></indexterm>
 <indexterm><primary>Morrison, Alan</primary></indexterm>
 <indexterm><primary>Public Citizen</primary></indexterm>

+<indexterm><primary>Reagan, Ronald</primary></indexterm>

 </para>
 <para>
 Fried was a special victory for our side. Every other former solicitor
 </para>
 <para>
 Fried was a special victory for our side. Every other former solicitor


@@ -11392,7 +11435,7 @@ 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

-certainly agreed that Congress had extended existing terms in
+certainly agreed that Congress had extended existing terms in 1831

 and in 1909. And of course, in 1962, Congress began extending 
                existing
 terms regularly&mdash;eleven times in forty years.
 and in 1909. And of course, in 1962, Congress began extending 
                existing
 terms regularly&mdash;eleven times in forty years.


@@ -11431,6 +11474,7 @@ were an effective practice; I found ways to take every question back to
 this central idea.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 this central idea.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>

+<indexterm><primary>Reagan, Ronald</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
 <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


@@ -12520,6 +12564,7 @@ hypocrisy reeks. Yet in a city like Washington, hypocrisy is not even
 noticed. Powerful lobbies, complex issues, and MTV attention spans
 produce the "perfect storm" for free culture.
 </para>
 noticed. Powerful lobbies, complex issues, and MTV attention spans
 produce the "perfect storm" for free culture.
 </para>

+<indexterm><primary>Reagan, Ronald</primary></indexterm>

 <para>
 In August 2003, a fight broke out in the United States about a
 decision by the World Intellectual Property Organization to cancel a
 <para>
 In August 2003, a fight broke out in the United States about a
 decision by the World Intellectual Property Organization to cancel a


@@ -13427,6 +13472,7 @@ well.
 <indexterm><primary>Wayner, Peter</primary></indexterm>
 </para>
 <indexterm><primary>Public Enemy</primary></indexterm>
 <indexterm><primary>Wayner, Peter</primary></indexterm>
 </para>
 <indexterm><primary>Public Enemy</primary></indexterm>

+<indexterm><primary>rap music</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


@@ -14495,7 +14541,7 @@ 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>

-<!-- PAGE BREAK 336 -->
+<!--PAGE BREAK 336-->

 
 </chapter>
 <chapter label="18" id="c-acknowledgments">
 
 </chapter>
 <chapter label="18" id="c-acknowledgments">


@@ -14506,6 +14552,7 @@ began when I read of Eric Eldred's war to keep books free. Eldred's
 work helped launch a movement, the free culture movement, and it is
 to him that this book is dedicated.
 </para>
 work helped launch a movement, the free culture movement, and it is
 to him that this book is dedicated.
 </para>

+<indexterm><primary>Rose, Mark</primary></indexterm>

 <para>
 I received guidance in various places from friends and academics,
 including Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner,
 <para>
 I received guidance in various places from friends and academics,
 including Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner,


@@ -14524,7 +14571,7 @@ Yuko Noguchi helped me to understand the laws of Japan as well as
 its culture. I am thankful to her, and to the many in Japan who helped
 me prepare this book: Joi Ito, Takayuki Matsutani, Naoto Misaki,
 Michihiro Sasaki, Hiromichi Tanaka, Hiroo Yamagata, and Yoshihiro
 its culture. I am thankful to her, and to the many in Japan who helped
 me prepare this book: Joi Ito, Takayuki Matsutani, Naoto Misaki,
 Michihiro Sasaki, Hiromichi Tanaka, Hiroo Yamagata, and Yoshihiro

-<!-- PAGE BREAK 337 -->
+<!--PAGE BREAK 337-->

 Yonezawa. I am thankful as well as to Professor Nobuhiro Nakayama,
 and the Tokyo University Business Law Center, for giving me the
 chance to spend time in Japan, and to Tadashi Shiraishi and Kiyokazu
 Yonezawa. I am thankful as well as to Professor Nobuhiro Nakayama,
 and the Tokyo University Business Law Center, for giving me the
 chance to spend time in Japan, and to Tadashi Shiraishi and Kiyokazu


@@ -14565,7 +14612,7 @@ insisted that there would be unending happiness away from these
 battles, and who has always been right. This slow learner is, as ever,
 grateful for her perpetual patience and love.
 </para>
 battles, and who has always been right. This slow learner is, as ever,
 grateful for her perpetual patience and love.
 </para>

-<!-- PAGE BREAK 338 -->
+<!--PAGE BREAK 338-->

 
 </chapter>
 <index></index>
 
 </chapter>
 <index></index>