msgid ""
msgstr ""
"Project-Id-Version: PACKAGE VERSION\n"
-"POT-Creation-Date: 2012-07-27 11:04+0300\n"
+"POT-Creation-Date: 2012-07-27 20:12+0300\n"
"PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n"
"Last-Translator: FULL NAME <EMAIL@ADDRESS>\n"
"Language-Team: LANGUAGE <LL@li.org>\n"
"Content-Transfer-Encoding: 8bit\n"
#. type: Content of the copy entity
-#: freeculture.xml:13
+#: freeculture.xml:12
msgid "©"
msgstr ""
#. type: Attribute 'lang' of: <book>
-#: freeculture.xml:19
+#: freeculture.xml:18
msgid "en"
msgstr ""
#. type: Content of: <book><bookinfo><title>
-#: freeculture.xml:21
+#: freeculture.xml:20
msgid "Free Culture"
msgstr ""
#. type: Content of: <book><bookinfo>
-#: freeculture.xml:23
+#: freeculture.xml:22
msgid "<abbrev>\"freeculture\"</abbrev>"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:25 freeculture.xml:113
+#: freeculture.xml:24 freeculture.xml:112
msgid ""
"HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN CULTURE AND CONTROL "
"CREATIVITY"
msgstr ""
#. type: Content of: <book><bookinfo>
-#: freeculture.xml:28
+#: freeculture.xml:27
msgid "<pubdate>2004-03-25</pubdate>"
msgstr ""
#. type: Content of: <book><bookinfo><releaseinfo>
-#: freeculture.xml:30
+#: freeculture.xml:29
msgid "Version 2004-02-10"
msgstr ""
#. type: Content of: <book><bookinfo><authorgroup><author><firstname>
-#: freeculture.xml:34
+#: freeculture.xml:33
msgid "Lawrence"
msgstr ""
#. type: Content of: <book><bookinfo><authorgroup><author><surname>
-#: freeculture.xml:35
+#: freeculture.xml:34
msgid "Lessig"
msgstr ""
#. type: Content of: <book><bookinfo>
-#: freeculture.xml:39
+#: freeculture.xml:38
msgid "<copyright> <year>2004</year> <holder>Lawrence Lessig</holder> </copyright>"
msgstr ""
#. type: Content of: <book><bookinfo><legalnotice><para>
-#: freeculture.xml:46
+#: freeculture.xml:45
msgid ""
-"This version of Free Culture is licensed under a Creative Commons "
-"license. This license permits non-commercial use of this work, so long as "
-"attribution is given. For more information about the license, click the "
-"icon above, or visit <ulink "
+"This version of <citetitle>Free Culture</citetitle> is licensed under a "
+"Creative Commons license. This license permits non-commercial use of this "
+"work, so long as attribution is given. For more information about the "
+"
license, click the icon above, or visit <ulink "
"url=\"http://creativecommons.org/licenses/by-nc/1.0/\">http://creativecommons.org/licenses/by-nc/1.0/</ulink>"
msgstr ""
#. type: Content of: <book><bookinfo><abstract><title>
-#: freeculture.xml:55
+#: freeculture.xml:54
msgid "ABOUT THE AUTHOR"
msgstr ""
#. type: Content of: <book><bookinfo><abstract><para>
-#: freeculture.xml:57
+#: freeculture.xml:56
msgid ""
"LAWRENCE LESSIG (<ulink "
"url=\"http://www.lessig.org/\">http://www.lessig.org</ulink>), professor of "
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:81
+#: freeculture.xml:80
msgid "You can buy a copy of this book by clicking on one of the links below:"
msgstr ""
#. type: Content of: <book><colophon><itemizedlist><listitem><para>
-#: freeculture.xml:84
+#: freeculture.xml:83
msgid "<ulink url=\"http://www.amazon.com/\">Amazon</ulink>"
msgstr ""
#. type: Content of: <book><colophon><itemizedlist><listitem><para>
-#: freeculture.xml:85
+#: freeculture.xml:84
msgid "<ulink url=\"http://www.barnesandnoble.com/\">B&N</ulink>"
msgstr ""
#. type: Content of: <book><colophon><itemizedlist><listitem><para>
-#: freeculture.xml:86
+#: freeculture.xml:85
msgid "<ulink url=\"http://www.penguin.com/\">Penguin</ulink>"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:93
+#: freeculture.xml:92
msgid "ALSO BY LAWRENCE LESSIG"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:96
+#: freeculture.xml:95
msgid "The Future of Ideas: The Fate of the Commons in a Connected World"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:99
+#: freeculture.xml:98
msgid "Code: And Other Laws of Cyberspace"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:104
+#: freeculture.xml:103
msgid "THE PENGUIN PRESS, NEW YORK"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:109
+#: freeculture.xml:108
msgid "FREE CULTURE"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:119
+#: freeculture.xml:118
msgid "LAWRENCE LESSIG"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:124
+#: freeculture.xml:123
msgid ""
"THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street "
"New York, New York"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:128
+#: freeculture.xml:127
msgid "Copyright © Lawrence Lessig. All rights reserved."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:131
+#: freeculture.xml:130
msgid ""
-"Excerpt from an editorial titled \"The Coming of Copyright Perpetuity,\" The "
-"New York Times, January 16, 2003. Copyright © 2003 by The New York "
-"Times Co. Reprinted with permission."
+"Excerpt from an editorial titled \"The Coming of Copyright Perpetuity,\" "
+"<citetitle>The New York Times</citetitle>, January 16, 2003. Copyright "
+"© 2003 by The New York Times Co. Reprinted with permission."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:136
+#: freeculture.xml:135
msgid ""
"Cartoon in <xref linkend=\"fig-1711\"/> by Paul Conrad, copyright Tribune "
"Media Services, Inc. All rights reserved. Reprinted with permission."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:140
+#: freeculture.xml:139
msgid ""
"Diagram in <xref linkend=\"fig-1761\"/> courtesy of the office of FCC "
"Commissioner, Michael J. Copps."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:144
+#: freeculture.xml:143
msgid "Library of Congress Cataloging-in-Publication Data"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:147
+#: freeculture.xml:146
msgid ""
"Lessig, Lawrence. Free culture : how big media uses technology and the law "
"to lock down culture and control creativity / Lawrence Lessig."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:152
+#: freeculture.xml:151
msgid "p. cm."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:155
+#: freeculture.xml:154
msgid "Includes index."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:158
+#: freeculture.xml:157
msgid "ISBN 1-59420-006-8 (hardcover)"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:161
+#: freeculture.xml:160
msgid ""
"1. Intellectual property—United States. 2. Mass media—United "
"States."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:164
+#: freeculture.xml:163
msgid ""
"3. Technological innovations—United States. 4. Art—United "
"States. I. Title."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:167
+#: freeculture.xml:166
msgid "KF2979.L47"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:170
+#: freeculture.xml:169
msgid "343.7309'9—dc22"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:173
+#: freeculture.xml:172
msgid "This book is printed on acid-free paper."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:176
+#: freeculture.xml:175
msgid "Printed in the United States of America"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:179
+#: freeculture.xml:178
msgid "1 3 5 7 9 10 8 6 4"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:182
+#: freeculture.xml:181
msgid "Designed by Marysarah Quinn"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:186
+#: freeculture.xml:185
msgid "&translationblock;"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:190
+#: freeculture.xml:189
msgid ""
"Without limiting the rights under copyright reserved above, no part of this "
"publication may be reproduced, stored in or introduced into a retrieval "
msgstr ""
#. type: Content of: <book><dedication><para>
-#: freeculture.xml:207
+#: freeculture.xml:206
msgid ""
"To Eric Eldred—whose work first drew me to this cause, and for whom it "
"continues still."
msgstr ""
#. type: Content of: <book><dedication><para><figure><title>
-#: freeculture.xml:213
+#: freeculture.xml:212
msgid "Creative Commons, Some rights reserved"
msgstr ""
#. type: Content of: <book><dedication><para><figure>
-#: freeculture.xml:214
+#: freeculture.xml:213
msgid "<graphic fileref=\"images/cc.png\"></graphic>"
msgstr ""
#. type: Content of: <book><dedication><para>
-#: freeculture.xml:212
+#: freeculture.xml:211
msgid "<placeholder type=\"figure\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><lot><title>
-#: freeculture.xml:222
+#: freeculture.xml:221
msgid "List of figures"
msgstr ""
#. type: Content of: <book><preface><title>
-#: freeculture.xml:284
+#: freeculture.xml:283
msgid "PREFACE"
msgstr ""
#. type: Content of: <book><preface><indexterm><primary>
-#: freeculture.xml:286
+#: freeculture.xml:285
msgid "Pogue, David"
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:289
+#: freeculture.xml:288
msgid ""
-"At the end of his review of my first book, Code: And Other Laws of "
-"Cyberspace, David Pogue, a brilliant writer and author of countless "
-"technical and computer-related texts, wrote this:"
+"At the end of his review of my first book, <citetitle>Code: And Other Laws "
+"of Cyberspace</citetitle>, David Pogue, a brilliant writer and author of "
+"countless technical and computer-related texts, wrote this:"
msgstr ""
#. type: Content of: <book><preface><blockquote><para><footnote><para>
-#: freeculture.xml:299
+#: freeculture.xml:298
msgid ""
-"David Pogue, \"Don't Just Chat, Do Something,\" New York Times, 30 January "
-"2000."
+"David Pogue, \"Don't Just Chat, Do Something,\" <citetitle>New York "
+"Times</citetitle>, 30 January 2000."
msgstr ""
#. type: Content of: <book><preface><blockquote><para>
-#: freeculture.xml:295
+#: freeculture.xml:294
msgid ""
"Unlike actual law, Internet software has no capacity to punish. It doesn't "
"affect people who aren't online (and only a tiny minority of the world "
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:304
+#: freeculture.xml:303
msgid ""
"Pogue was skeptical of the core argument of the book—that software, or "
"\"code,\" functioned as a kind of law—and his review suggested the "
"happy thought that if life in cyberspace got bad, we could always \"drizzle, "
"drazzle, druzzle, drome\"-like simply flip a switch and be back home. Turn "
-"off the modem, unplug the computer, and any troubles that exist in that "
-"space wouldn't \"affect\" us anymore."
+"off the modem, unplug the computer, and any troubles that exist in "
+"<emphasis>that</emphasis> space wouldn't \"affect\" us anymore."
msgstr ""
#. PAGE BREAK 12
#: freeculture.xml:312
msgid ""
"Pogue might have been right in 1999—I'm skeptical, but maybe. But "
-"even if he was right then, the point is not right now: Free Culture is about "
-"the troubles the Internet causes even after the modem is turned 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."
+"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 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."
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:322
+#: freeculture.xml:323
msgid ""
-"But unlike Code, the argument here is not much about the Internet itself. It "
-"is instead about the consequence of the Internet to a part of our tradition "
-"that is much more fundamental, and, as hard as this is for a geek-wanna-be "
-"to admit, much more important."
+"But unlike <citetitle>Code</citetitle>, the argument here is not much about "
+"the Internet itself. It is instead about the consequence of the Internet to "
+"a part of our tradition that is much more fundamental, and, as hard as this "
+"is for a geek-wanna-be to admit, much more important."
msgstr ""
#. type: Content of: <book><preface><para><footnote><para>
-#: freeculture.xml:333
+#: freeculture.xml:335
msgid ""
-"Richard M. Stallman, Free Software, Free Societies 57 (Joshua Gay, "
-"ed. 2002)."
+"Richard M. Stallman, <citetitle>Free Software, Free Societies</citetitle> 57 "
+"(Joshua Gay, ed. 2002)."
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:328
+#: freeculture.xml:330
msgid ""
"That tradition is the way our culture gets made. As I explain in the pages "
"that follow, we come from a tradition of \"free culture\"—not \"free\" "
"\"free will,\" and \"free elections.\" A free culture supports and protects "
"creators and innovators. It does this directly by granting intellectual "
"property rights. But it does so indirectly by limiting the reach of those "
-"rights, to guarantee that follow-on creators and innovators remain as free "
-"as possible from the control of the past. A free culture is not a culture "
-"without property, just as a free market is not a market in which everything "
-"is free. The opposite of a free culture is a \"permission culture\"—a "
-"culture in which creators get to create only with the permission of the "
-"powerful, or of creators from the past."
+"rights, to guarantee that follow-on creators and innovators remain "
+"<emphasis>as free as possible</emphasis> from the control of the past. A "
+"free culture is not a culture without property, just as a free market is not "
+"a market in which everything is free. The opposite of a free culture is a "
+"\"permission culture\"—a culture in which creators get to create only "
+"with the permission of the powerful, or of creators from the past."
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:347
+#: freeculture.xml:350
msgid ""
"If we understood this change, I believe we would resist it. Not \"we\" on "
"the Left or \"you\" on the Right, but we who have no stake in the particular "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:355 freeculture.xml:12702
+#: freeculture.xml:358 freeculture.xml:12674
msgid "CodePink Women in Peace"
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:366 freeculture.xml:376 freeculture.xml:12715
+#: freeculture.xml:369 freeculture.xml:379 freeculture.xml:12687
msgid "Safire, William"
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:357
+#: freeculture.xml:360
msgid ""
"We saw a glimpse of this bipartisan outrage in the early summer of 2003. As "
"the FCC considered changes in media ownership rules that would relax limits "
msgstr ""
#. type: Content of: <book><preface><blockquote><para><footnote><para>
-#: freeculture.xml:374
+#: freeculture.xml:377
msgid ""
-"William Safire, \"The Great Media Gulp,\" New York Times, 22 May 2003. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"William Safire, \"The Great Media Gulp,\" <citetitle>New York "
+"
Times</citetitle>, 22 May 2003. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><preface><blockquote><para>
-#: freeculture.xml:370
+#: freeculture.xml:373
msgid ""
"Does that sound unconservative? Not to me. The concentration of "
"power—political, corporate, media, cultural—should be anathema "
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:381
-msgid ""
-"This idea is an element of the argument of Free Culture, though my focus is "
-"not just on the concentration of power produced by concentrations in "
-"ownership, but more importantly, if because less visibly, on the "
-"concentration of power produced by a radical change in the effective scope "
-"of the law. The law is changing; that change is altering the way our culture "
-"gets made; that change should worry you—whether or not you care about "
-"the Internet, and whether you're on Safire's left or on his right. The "
-"inspiration for the title and for much of the argument of this book comes "
-"from the work of Richard Stallman and the Free Software Foundation. Indeed, "
-"as I reread Stallman's own work, especially the essays in Free Software, "
-"Free Society, I realize that all of the theoretical insights I develop here "
-"are insights Stallman described decades ago. One could thus well argue that "
-"this work is \"merely\" derivative."
+#: freeculture.xml:384
+msgid ""
+"This idea is an element of the argument of <citetitle>Free "
+"Culture</citetitle>, though my focus is not just on the concentration of "
+"power produced by concentrations in ownership, but more importantly, if "
+"because less visibly, on the concentration of power produced by a radical "
+"change in the effective scope of the law. The law is changing; that change "
+"is altering the way our culture gets made; that change should worry "
+"you—whether or not you care about the Internet, and whether you're on "
+"Safire's left or on his right. The inspiration for the title and for much "
+"of the argument of this book comes from the work of Richard Stallman and the "
+"Free Software Foundation. Indeed, as I reread Stallman's own work, "
+"especially the essays in <citetitle>Free Software, Free Society</citetitle>, "
+"I realize that all of the theoretical insights I develop here are insights "
+"Stallman described decades ago. One could thus well argue that this work is "
+"\"merely\" derivative."
msgstr ""
#. PAGE BREAK 14
#. type: Content of: <book><preface><para>
-#: freeculture.xml:397
+#: freeculture.xml:400
msgid ""
"I accept that criticism, if indeed it is a criticism. The work of a lawyer "
"is always derivative, and I mean to do nothing more in this book than to "
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:415
+#: freeculture.xml:418
msgid ""
"Instead, the free culture that I defend in this book is a balance between "
"anarchy and control. A free culture, like a free market, is filled with "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:430
+#: freeculture.xml:433
msgid "INTRODUCTION"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:432
+#: freeculture.xml:435
msgid ""
"On December 17, 1903, on a windy North Carolina beach for just shy of one "
"hundred seconds, the Wright brothers demonstrated that a heavier-than-air, "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:444
+#: freeculture.xml:447
msgid ""
-"St. George Tucker, Blackstone's Commentaries 3 (South Hackensack, N.J.: "
-"Rothman Reprints, 1969), 18."
+"St. George Tucker, <citetitle>Blackstone's Commentaries</citetitle> 3 (South "
+"Hackensack, N.J.: Rothman Reprints, 1969), 18."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:440
+#: freeculture.xml:443
msgid ""
"At the time the Wright brothers invented the airplane, American law held "
"that a property owner presumptively owned not just the surface of his land, "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:453
+#: freeculture.xml:456
msgid ""
"Then came airplanes, and for the first time, this principle of American "
"law—deep within the foundations of our tradition, and acknowledged by "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:461 freeculture.xml:474 freeculture.xml:505 freeculture.xml:524 freeculture.xml:924 freeculture.xml:941 freeculture.xml:986 freeculture.xml:8741 freeculture.xml:12103 freeculture.xml:12806
+#: freeculture.xml:464 freeculture.xml:477 freeculture.xml:508 freeculture.xml:527 freeculture.xml:927 freeculture.xml:944 freeculture.xml:990 freeculture.xml:8724 freeculture.xml:12077 freeculture.xml:12778
msgid "Causby, Thomas Lee"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:462 freeculture.xml:475 freeculture.xml:506 freeculture.xml:525 freeculture.xml:925 freeculture.xml:942 freeculture.xml:987 freeculture.xml:8742 freeculture.xml:12104 freeculture.xml:12807
+#: freeculture.xml:465 freeculture.xml:478 freeculture.xml:509 freeculture.xml:528 freeculture.xml:928 freeculture.xml:945 freeculture.xml:991 freeculture.xml:8725 freeculture.xml:12078 freeculture.xml:12779
msgid "Causby, Tinie"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:464
+#: freeculture.xml:467
msgid ""
"In 1945, these questions became a federal case. When North Carolina farmers "
"Thomas Lee and Tinie Causby started losing chickens because of low-flying "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:477
+#: freeculture.xml:480
msgid ""
"The Supreme Court agreed to hear the Causbys' case. Congress had declared "
"the airways public, but if one's property really extended to the heavens, "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:497
+#: freeculture.xml:500
msgid ""
"United States v. Causby, U.S. 328 (1946): 256, 261. The Court did find that "
"there could be a \"taking\" if the government's use of its land effectively "
"destroyed the value of the Causbys' land. This example was suggested to me "
"by Keith Aoki's wonderful piece, \"(Intellectual) Property and Sovereignty: "
-"Notes Toward a Cultural Geography of Authorship,\" Stanford Law Review 48 "
-"(1996): 1293, 1333. See also Paul Goldstein, Real Property (Mineola, N.Y.: "
-"Foundation Press, 1984), 1112–13. <placeholder type=\"indexterm\" "
-"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"Notes Toward a Cultural Geography of Authorship,\" <citetitle>Stanford Law "
+"Review</citetitle> 48 (1996): 1293, 1333. See also Paul Goldstein, "
+"<citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press, "
+"1984), 1112–13. <placeholder type=\"indexterm\" id=\"0\"/> "
+"<placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:488
+#: freeculture.xml:491
msgid ""
"[The] doctrine has no place in the modern world. The air is a public "
"highway, as Congress has declared. Were that not true, every "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:511
+#: freeculture.xml:514
msgid "\"Common sense revolts at the idea.\""
msgstr ""
#. PAGE BREAK 18
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:514
+#: freeculture.xml:517
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:527
+#: freeculture.xml:530
msgid ""
"Or at least, this is how things happen when there's no one powerful on the "
"other side of the change. The Causbys were just farmers. And though there "
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:556
+#: freeculture.xml:559
msgid "Bell, Alexander Graham"
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:557
+#: freeculture.xml:560
msgid "Edison, Thomas"
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:558
+#: freeculture.xml:561
msgid "Faraday, Michael"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:545
+#: freeculture.xml:548
msgid ""
"Edwin Howard Armstrong is one of America's forgotten inventor geniuses. He "
"came to the great American inventor scene just after the titans Thomas "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:561
+#: freeculture.xml:564
msgid ""
"On the day after Christmas, 1933, four patents were issued to Armstrong for "
"his most significant invention—FM radio. Until then, consumer radio "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:571
+#: freeculture.xml:574
msgid ""
"On November 5, 1935, he demonstrated the technology at a meeting of the "
"Institute of Radio Engineers at the Empire State Building in New York "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:582
+#: freeculture.xml:585
msgid "The audience was hearing something no one had thought possible:"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:593
+#: freeculture.xml:596
msgid ""
-"Lawrence Lessing, Man of High Fidelity: Edwin Howard Armstrong "
-"(Philadelphia: J. B. Lipincott Company, 1956), 209."
+"Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard "
+"Armstrong</citetitle> (Philadelphia: J. B. Lipincott Company, 1956), 209."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:586
+#: freeculture.xml:589
msgid ""
"A glass of water was poured before the microphone in Yonkers; it sounded "
"like a glass of water being poured. . . . A paper was crumpled and torn; it "
#. PAGE BREAK 20
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:599
+#: freeculture.xml:602
msgid ""
"As our own common sense tells us, Armstrong had discovered a vastly superior "
"radio technology. But at the time of his invention, Armstrong was working "
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:613 freeculture.xml:633
+#: freeculture.xml:616 freeculture.xml:636
msgid "Sarnoff, David"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:608
+#: freeculture.xml:611
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:620
+#: freeculture.xml:623
msgid ""
"See \"Saints: The Heroes and Geniuses of the Electronic Era,\" First "
"Electronic Church of America, at www.webstationone.com/fecha, available at "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:617
+#: freeculture.xml:620
msgid ""
"I thought Armstrong would invent some kind of a filter to remove static from "
"our AM radio. I didn't think he'd start a revolution— start up a whole "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:629
+#: freeculture.xml:632
msgid ""
"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, "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:642
+#: freeculture.xml:645
msgid "Lessing, 226."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:637
+#: freeculture.xml:640
msgid ""
"The forces for FM, largely engineering, could not overcome the weight of "
"strategy devised by the sales, patent, and legal offices to subdue this "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:647
+#: freeculture.xml:650
msgid ""
"RCA at first kept the technology in house, insisting that further tests were "
"needed. When, after two years of testing, Armstrong grew impatient, RCA "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:666
+#: freeculture.xml:669
msgid "Lessing, 256."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:662
+#: freeculture.xml:665
msgid ""
"The series of body blows that FM radio received right after the war, in a "
"series of rulings manipulated through the FCC by the big radio interests, "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:670
+#: freeculture.xml:673
msgid "AT&T"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:672
+#: freeculture.xml:675
msgid ""
"To make room in the spectrum for RCA's latest gamble, television, FM radio "
"users were to be moved to a totally new spectrum band. The power of FM radio "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:682
+#: freeculture.xml:685
msgid ""
"Armstrong resisted RCA's efforts. In response, RCA resisted Armstrong's "
"patents. After incorporating FM technology into the emerging standard for "
#. PAGE BREAK 22
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:694
+#: freeculture.xml:697
msgid ""
"This is how the law sometimes works. Not often this tragically, and rarely "
"with heroic drama, but sometimes, this is how it works. From the beginning, "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:716
+#: freeculture.xml:719
msgid ""
"Amanda Lenhart, \"The Ever-Shifting Internet Population: A New Look at "
"Internet Access and the Digital Divide,\" Pew Internet and American Life "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:710
+#: freeculture.xml:713
msgid ""
"There's no 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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:725
+#: freeculture.xml:728
msgid ""
"As the Internet has been integrated into ordinary life, it has changed "
"things. Some of these changes are technical—the Internet has made "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:736
+#: freeculture.xml:739
msgid ""
"Instead, this book is about an effect of the Internet beyond the Internet "
"itself: an effect upon how culture is made. My claim is that the Internet "
#. PAGE BREAK 23
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:745
+#: freeculture.xml:748
msgid ""
"We can glimpse a sense of this change by distinguishing between commercial "
"and noncommercial culture, and by mapping the law's regulation of each. By "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:757
+#: freeculture.xml:760
msgid ""
"At the beginning of our history, and for just about the whole of our "
"tradition, noncommercial culture was essentially unregulated. Of course, if "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary>
-#: freeculture.xml:782 freeculture.xml:1784 freeculture.xml:1795
+#: freeculture.xml:785 freeculture.xml:1798 freeculture.xml:1809
msgid "Brandeis, Louis D."
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:774
+#: freeculture.xml:777
msgid ""
"This is not the only purpose of copyright, though it is the overwhelmingly "
"primary purpose of the copyright established in the federal constitution. "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:768
+#: freeculture.xml:771
msgid ""
"The focus of the law was on commercial creativity. At first slightly, then "
"quite extensively, the law protected the incentives of creators by granting "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:792
+#: freeculture.xml:795
msgid ""
-"See Jessica Litman, Digital Copyright (New York: Prometheus Books, 2001), "
-"ch. 13."
+"See Jessica Litman, <citetitle>Digital Copyright</citetitle> (New York: "
+"Prometheus Books, 2001), ch. 13."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:790
+#: freeculture.xml:793
msgid ""
"This rough divide between the free and the controlled has now been "
"erased.<placeholder type=\"footnote\" id=\"0\"/> The Internet has set the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:808
+#: freeculture.xml:811
msgid ""
"This change gets justified as necessary to protect commercial creativity. "
"And indeed, protectionism is precisely its motivation. But the protectionism "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:821
+#: freeculture.xml:824
msgid ""
"For the Internet has unleashed an extraordinary possibility for many to "
"participate in the process of building and cultivating a culture that "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:840
+#: freeculture.xml:843
msgid ""
"Yet, as I argue in the pages that follow, that is precisely what is "
"happening in our culture today. These modern-day equivalents of the early "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:857
+#: freeculture.xml:860
msgid ""
"Amy Harmon, \"Black Hawk Download: Moving Beyond Music, Pirates Use New "
-"Tools to Turn the Net into an Illicit Video Club,\" New York Times, 17 "
-"January 2002."
+"Tools to Turn the Net into an Illicit Video Club,\" <citetitle>New York "
+"Times</citetitle>, 17 January 2002."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:849
+#: freeculture.xml:852
msgid ""
"It doesn't seem this way to many. The battles over copyright and the "
"Internet seem remote to most. To the few who follow them, they seem mainly "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:866
+#: freeculture.xml:869
msgid ""
"If those really were the choices, then I would be with Jack Valenti and the "
"content industry. I, too, am a believer in property, and especially in the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:874
+#: freeculture.xml:877
msgid ""
"But those simple beliefs mask a much more fundamental question and a much "
"more dramatic change. My fear is that unless we come to see this change, the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:888 freeculture.xml:14046
+#: freeculture.xml:891 freeculture.xml:14031
msgid "Netanel, Neil Weinstock"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:886
+#: freeculture.xml:889
msgid ""
-"Neil W. Netanel, \"Copyright and a Democratic Civil Society,\" Yale Law "
-"Journal 106 (1996): 283. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Neil W. Netanel, \"Copyright and a Democratic Civil Society,\" "
+"<citetitle>Yale Law Journal</citetitle> 106 (1996): 283. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:880
+#: freeculture.xml:883
msgid ""
"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 past, and "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:896
+#: freeculture.xml:899
msgid ""
"Yet the law's response to the Internet, when tied to changes in the "
"technology of the Internet itself, has massively increased the effective "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:908
+#: freeculture.xml:911
msgid ""
"The story that follows is about this war. Is it not about the \"centrality "
"of technology\" to ordinary life. I don't believe in gods, digital or "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:916
+#: freeculture.xml:919
msgid ""
"It is instead an effort to understand a hopelessly destructive war inspired "
"by the technologies of the Internet but reaching far beyond its code. And by "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:927
+#: freeculture.xml:930
msgid ""
"Like the Causbys' battle, this war is, in part, about \"property.\" The "
"property of this war is not as tangible as the Causbys', and no innocent "
#. PAGE BREAK 27
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:944
+#: freeculture.xml:947
msgid ""
"And thus, when geeks and technologists defend their Armstrong or Wright "
"brothers technology, most of us are simply unsympathetic. Common sense does "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:954
+#: freeculture.xml:957
msgid ""
"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 "
"importantly, its power to disable critical thought by policy makers and "
"citizens. There has never been a time in our history when more of our "
"\"culture\" was as \"owned\" as it is now. And yet there has never been a "
-"time when the concentration of power to control the uses of culture has been "
-"as unquestioningly accepted as it is now."
+"time when the concentration of power to control the "
+"<emphasis>uses</emphasis> of culture has been as unquestioningly accepted as "
+"it is now."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:963
+#: freeculture.xml:967
msgid ""
"The puzzle is, Why? Is it because we have come to understand a truth about "
"the value and importance of absolute property over ideas and culture? Is it "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:969
+#: freeculture.xml:973
msgid ""
"Or is it because the idea of absolute property over ideas and culture "
"benefits the RCAs of our time and fits our own unreflective intuitions?"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:973
+#: freeculture.xml:977
msgid ""
"Is the radical shift away from our tradition of free culture an instance of "
"America correcting a mistake from its past, as we did after a bloody war "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:980
+#: freeculture.xml:984
msgid ""
"Does common sense lead to the extremes on this question because common sense "
"actually believes in these extremes? Or does common sense stand silent in "
#. PAGE BREAK 28
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:989
+#: freeculture.xml:993
msgid ""
"I don't mean to be mysterious. My own views are resolved. I believe it was "
"right for common sense to revolt against the extremism of the Causbys. I "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:999
+#: freeculture.xml:1003
msgid ""
"The struggle that rages just now centers on two ideas: \"piracy\" and "
"\"property.\" My aim in this book's next two parts is to explore these two "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1004
+#: freeculture.xml:1008
msgid ""
"My method is not the usual method of an academic. I don't want to plunge you "
"into a complex argument, buttressed with references to obscure French "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1012
+#: freeculture.xml:1016
msgid ""
"The two sections set up the core claim of this book: that while the Internet "
"has indeed produced something fantastic and new, our government, pushed by "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1023
+#: freeculture.xml:1027
msgid ""
"We allow this, I believe, not because it is right, and not because most of "
"us really believe in these changes. We allow it because the interests most "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:1033
+#: freeculture.xml:1037
msgid "\"PIRACY\""
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:1037 freeculture.xml:4656
+#: freeculture.xml:1041 freeculture.xml:4644
msgid "Mansfield, William Murray, Lord"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1040
+#: freeculture.xml:1044
msgid ""
"Since the inception of the law regulating creative property, there has been "
"a war against \"piracy.\" The precise contours of this concept, \"piracy,\" "
#. f1
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:1052
-msgid "Bach v. Longman, 98 Eng. Rep. 1274 (1777) (Mansfield)."
+#: freeculture.xml:1056
+msgid ""
+"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 "
+"Eng. Rep. 1274 (1777) (Mansfield)."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:1048
+#: freeculture.xml:1052
msgid ""
"A person may use the copy by playing it, but he has no right to rob the "
"author of the profit, by multiplying copies and disposing of them for his "
#. PAGE BREAK 31
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1058
+#: freeculture.xml:1062
msgid ""
"Today we are in the middle of another \"war\" against \"piracy.\" The "
"Internet has provoked this war. The Internet makes possible the efficient "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1067
+#: freeculture.xml:1071
msgid ""
"This efficiency does not respect the traditional lines of copyright. The "
"network doesn't discriminate between the sharing of copyrighted and "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1075
+#: freeculture.xml:1079
msgid ""
"The warriors have turned to the courts, to the legislatures, and "
"increasingly to technology to defend their \"property\" against this "
"\"piracy.\" A generation of Americans, the warriors warn, is being raised to "
"believe that \"property\" should be \"free.\" Forget tattoos, never mind "
-"body piercing—our kids are becoming thieves!"
+"body piercing—our kids are becoming <emphasis>thieves</emphasis>!"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1082
+#: freeculture.xml:1087
msgid ""
"There's no doubt that \"piracy\" is wrong, and that pirates should be "
"punished. But before we summon the executioners, we should put this notion "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1088
+#: freeculture.xml:1093
msgid "The idea goes something like this:"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:1092
+#: freeculture.xml:1097
msgid ""
"Creative work has value; whenever I use, or take, or build upon the creative "
"work of others, I am taking from them something of value. Whenever I take "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:1100
+#: freeculture.xml:1105
msgid "Dreyfuss, Rochelle"
msgstr ""
#. f2
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:1106
+#: freeculture.xml:1111
msgid ""
"See Rochelle Dreyfuss, \"Expressive Genericity: Trademarks as Language in "
-"the Pepsi Generation,\" Notre Dame Law Review 65 (1990): 397."
+"the Pepsi Generation,\" <citetitle>Notre Dame Law Review</citetitle> 65 "
+"(1990): 397."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1119 freeculture.xml:6749
+#: freeculture.xml:1124 freeculture.xml:6740
msgid "Zittrain, Jonathan"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:1114
+#: freeculture.xml:1119
msgid ""
"Lisa Bannon, \"The Birds May Sing, but Campers Can't Unless They Pay Up,\" "
-"Wall Street Journal, 21 August 1996, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #3</ulink>; Jonathan Zittrain, "
-"\"Calling Off the Copyright War: In Battle of Property vs. Free Speech, No "
-"One Wins,\" Boston Globe, 24 November 2002. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"<citetitle>Wall Street Journal</citetitle>, 21 August 1996, available at "
+"<ulink url=\"http://free-culture.cc/notes/\">link #3</ulink>; Jonathan "
+"Zittrain, \"Calling Off the Copyright War: In Battle of Property vs. Free "
+"Speech, No One Wins,\" <citetitle>Boston Globe</citetitle>, 24 November "
+"2002. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1102
+#: freeculture.xml:1107
msgid ""
"This view runs deep within the current debates. It is what NYU law professor "
"Rochelle Dreyfuss criticizes as the \"if value, then right\" theory of "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:1124
+#: freeculture.xml:1129
msgid "ASCAP"
msgstr ""
#. PAGE BREAK 32
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1126
+#: freeculture.xml:1131
msgid ""
"This idea is certainly a possible understanding of how creative property "
"should work. It might well be a possible design for a system of law "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1134
+#: freeculture.xml:1139
msgid ""
"Instead, in our tradition, intellectual property is an instrument. It sets "
"the groundwork for a richly creative society but remains subservient to the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1141
+#: freeculture.xml:1146
msgid ""
"The source of this confusion is a distinction that the law no longer takes "
"care to draw—the distinction between republishing someone's work on "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1148
+#: freeculture.xml:1153
msgid ""
"Before the technologies of the Internet, this conflation didn't matter all "
"that much. The technologies of publishing were expensive; that meant the "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1155 freeculture.xml:1183
+#: freeculture.xml:1160 freeculture.xml:1188
msgid "Florida, Richard"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:1176
+#: freeculture.xml:1181
msgid ""
-"In The Rise of the Creative Class (New York: Basic Books, 2002), Richard "
-"Florida documents a shift in the nature of labor toward a labor of "
-"creativity. His work, however, doesn't directly address the legal "
-"conditions under which that creativity is enabled or stifled. I certainly "
-"agree with him about the importance and significance of this change, but I "
-"also believe the conditions under which it will be enabled are much more "
-"tenuous. <placeholder type=\"indexterm\" id=\"0\"/>"
+"In <citetitle>The Rise of the Creative Class</citetitle> (New York: Basic "
+"Books, 2002), Richard Florida documents a shift in the nature of labor "
+"toward a labor of creativity. His work, however, doesn't directly address "
+"the legal conditions under which that creativity is enabled or stifled. I "
+"certainly agree with him about the importance and significance of this "
+"change, but I also believe the conditions under which it will be enabled are "
+"
much more tenuous. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1157
+#: freeculture.xml:1162
msgid ""
"But with the birth of the Internet, this natural limit to the reach of the "
"law has disappeared. The law controls not just the creativity of commercial "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1189
+#: freeculture.xml:1194
msgid ""
"These burdens make no sense in our tradition. We should begin by "
"understanding that tradition a bit more and by placing in their proper "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:1196
+#: freeculture.xml:1201
msgid "CHAPTER ONE: Creators"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1198
+#: freeculture.xml:1203
msgid ""
"In 1928, a cartoon character was born. An early Mickey Mouse made his debut "
-"in May of that year, in a silent flop called Plane Crazy. In November, in "
-"New York City's Colony Theater, in the first widely distributed cartoon "
-"synchronized with sound, Steamboat Willie brought to life the character that "
+"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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1205
+#: freeculture.xml:1210
msgid ""
"Synchronized sound had been introduced to film a year earlier in the movie "
-"The Jazz Singer. That success led Walt Disney to copy the technique and mix "
-"sound with cartoons. No one knew whether it would work or, if it did work, "
-"whether it would win an audience. But when Disney ran a test in the summer "
-"of 1928, the results were unambiguous. As Disney describes that first "
-"experiment,"
+"<citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy "
+"the technique and mix sound with cartoons. No one knew whether it would work "
+"or, if it did work, whether it would win an audience. But when Disney ran a "
+"test in the summer of 1928, the results were unambiguous. As Disney "
+"describes that first experiment,"
msgstr ""
#. PAGE BREAK 35
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:1214
+#: freeculture.xml:1219
msgid ""
"A couple of my boys could read music, and one of them could play a mouth "
"organ. We put them in a room where they could not see the screen and "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:1221
+#: freeculture.xml:1226
msgid ""
"The boys worked from a music and sound-effects score. After several false "
"starts, sound and action got off with the gun. The mouth organist played the "
#. f1
#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para>
-#: freeculture.xml:1234
+#: freeculture.xml:1239
msgid ""
-"Leonard Maltin, Of Mice and Magic: A History of American Animated Cartoons "
-"(New York: Penguin Books, 1987), 34–35."
+"Leonard Maltin, <citetitle>Of Mice and Magic: A History of American Animated "
+"Cartoons</citetitle> (New York: Penguin Books, 1987), 34–35."
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:1228
+#: freeculture.xml:1233
msgid ""
"The effect on our little audience was nothing less than electric. They "
"responded almost instinctively to this union of sound and motion. I thought "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:1243
+#: freeculture.xml:1248
msgid "Iwerks, Ub"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1240
+#: freeculture.xml:1245
msgid ""
"Disney's then partner, and one of animation's most extraordinary talents, Ub "
"Iwerks, put it more strongly: \"I have never been so thrilled in my "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1246
+#: freeculture.xml:1251
msgid ""
"Disney had created something very new, based upon something relatively "
"new. Synchronized sound brought life to a form of creativity that had "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1255
+#: freeculture.xml:1260
msgid ""
"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 cartoon) "
"genius created his last independently produced silent film. That genius was "
-"Buster Keaton. The film was Steamboat Bill, Jr."
+"Buster Keaton. The film was <citetitle>Steamboat Bill, Jr</citetitle>."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1261
+#: freeculture.xml:1266
msgid ""
"Keaton was born into a vaudeville family in 1895. In the era of silent film, "
"he had mastered using broad physical comedy as a way to spark uncontrollable "
-"laughter from his audience. Steamboat Bill, Jr. was a classic of this form, "
-"famous among film buffs for its incredible stunts. The film was classic "
-"Keaton—wildly popular and among the best of its genre."
+"laughter from his audience. <citetitle>Steamboat Bill, Jr</citetitle>. was a "
+"classic of this form, famous among film buffs for its incredible stunts. "
+"The film was classic Keaton—wildly popular and among the best of its "
+"genre."
msgstr ""
#. f2
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1274
+#: freeculture.xml:1280
msgid ""
"I am grateful to David Gerstein and his careful history, described at <ulink "
"url=\"http://free-culture.cc/notes/\">link #4</ulink>. According to Dave "
"Smith of the Disney Archives, Disney paid royalties to use the music for "
-"five songs in Steamboat Willie: \"Steamboat Bill,\" \"The Simpleton\" "
-"(Delille), \"Mischief Makers\" (Carbonara), \"Joyful Hurry No. 1\" (Baron), "
-"and \"Gawky Rube\" (Lakay). A sixth song, \"The Turkey in the Straw,\" was "
-"already in the public domain. Letter from David Smith to Harry Surden, 10 "
-"July 2003, on file with author."
+"five songs in <citetitle>Steamboat Willie</citetitle>: \"Steamboat Bill,\" "
+"\"The Simpleton\" (Delille), \"Mischief Makers\" (Carbonara), \"Joyful Hurry "
+"No. 1\" (Baron), and \"Gawky Rube\" (Lakay). A sixth song, \"The Turkey in "
+"the Straw,\" was already in the public domain. Letter from David Smith to "
+"Harry Surden, 10 July 2003, on file with author."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1269
+#: freeculture.xml:1274
msgid ""
-"Steamboat Bill, Jr. appeared before Disney's cartoon Steamboat Willie. The "
-"coincidence of titles is not coincidental. Steamboat Willie is a direct "
-"cartoon parody of Steamboat Bill,<placeholder type=\"footnote\" id=\"0\"/> "
-"and both are built upon a common song as a source. It is not just from the "
-"invention of synchronized sound in The Jazz Singer that we get Steamboat "
-"Willie. It is also from Buster Keaton's invention of Steamboat Bill, Jr., "
-"itself inspired by the song \"Steamboat Bill,\" that we get Steamboat "
-"Willie, and then from Steamboat Willie, Mickey Mouse."
+"<citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon "
+"Steamboat Willie. The coincidence of titles is not coincidental. Steamboat "
+"Willie is a direct cartoon parody of Steamboat Bill,<placeholder "
+"type=\"footnote\" id=\"0\"/> and both are built upon a common song as a "
+"source. It is not just from the invention of synchronized sound in "
+"<citetitle>The Jazz Singer</citetitle> that we get <citetitle>Steamboat "
+"Willie</citetitle>. It is also from Buster Keaton's invention of Steamboat "
+"Bill, Jr., itself inspired by the song \"Steamboat Bill,\" that we get "
+"Steamboat Willie, and then from Steamboat Willie, Mickey Mouse."
msgstr ""
#. f3
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1295
+#: freeculture.xml:1301
msgid ""
"He was also a fan of the public domain. See Chris Sprigman, \"The Mouse that "
"Ate the Public Domain,\" Findlaw, 5 March 2002, at <ulink "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1291
+#: freeculture.xml:1297
msgid ""
"This \"borrowing\" was nothing unique, either for Disney or for the "
"industry. Disney was always parroting the feature-length mainstream films of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1310
+#: freeculture.xml:1316
msgid ""
"Sometimes this borrowing was slight. Sometimes it was significant. Think "
"about the fairy tales of the Brothers Grimm. If you're as oblivious as I "
#. PAGE BREAK 37
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1319
+#: freeculture.xml:1325
msgid ""
"Disney took these stories and retold them in a way that carried them into a "
"new age. He animated the stories, with both characters and light. Without "
"dark and injected a genuine emotion of compassion where before there was "
"fear. And not just with the work of the Brothers Grimm. Indeed, the catalog "
"of Disney work drawing upon the work of others is astonishing when set "
-"together: Snow White (1937), Fantasia (1940), Pinocchio (1940), Dumbo "
-"(1941), Bambi (1942), Song of the South (1946), Cinderella (1950), Alice in "
-"Wonderland (1951), Robin Hood (1952), Peter Pan (1953), Lady and the Tramp "
-"(1955), Mulan (1998), Sleeping Beauty (1959), 101 Dalmatians (1961), The "
-"Sword in the Stone (1963), and The Jungle Book (1967)—not to mention a "
-"recent example that we should perhaps quickly forget, Treasure Planet "
-"(2003). In all of these cases, Disney (or Disney, Inc.) ripped 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."
+"together: <citetitle>Snow White</citetitle> (1937), "
+"<citetitle>Fantasia</citetitle> (1940), <citetitle>Pinocchio</citetitle> "
+"(1940), <citetitle>Dumbo</citetitle> (1941), <citetitle>Bambi</citetitle> "
+"(1942), <citetitle>Song of the South</citetitle> (1946), "
+"<citetitle>Cinderella</citetitle> (1950), <citetitle>Alice in "
+"Wonderland</citetitle> (1951), <citetitle>Robin Hood</citetitle> (1952), "
+"<citetitle>Peter Pan</citetitle> (1953), <citetitle>Lady and the "
+"Tramp</citetitle> (1955), <citetitle>Mulan</citetitle> (1998), "
+"<citetitle>Sleeping Beauty</citetitle> (1959), <citetitle>101 "
+"Dalmatians</citetitle> (1961), <citetitle>The Sword in the Stone</citetitle> "
+"(1963), and <citetitle>The Jungle Book</citetitle> (1967)—not to "
+"mention a recent example that we should perhaps quickly forget, "
+"<citetitle>Treasure Planet</citetitle> (2003). In all of these cases, Disney "
+"(or Disney, Inc.) ripped 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1339
+#: freeculture.xml:1347
msgid ""
"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 creativity except "
#. f4
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1353
+#: freeculture.xml:1361
msgid ""
"Until 1976, copyright law granted an author the possibility of two terms: an "
"initial term and a renewal term. I have calculated the \"average\" term by "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1347
+#: freeculture.xml:1355
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1370
+#: freeculture.xml:1378
msgid ""
"At the end of a copyright term, a work passes into the public domain. No "
"permission is then needed to draw upon or use that work. No permission and, "
#. PAGE BREAK 38
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1379
+#: freeculture.xml:1387
msgid ""
"This is the ways things always were—until quite recently. For most of "
"our history, the public domain was just over the horizon. From until 1978, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1392
+#: freeculture.xml:1400
msgid ""
"Of course, Walt Disney had no monopoly on \"Walt Disney creativity.\" Nor "
"does America. The norm of free culture has, until recently, and except "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1398
+#: freeculture.xml:1406
msgid ""
"Consider, for example, a form of creativity that seems strange to many "
-"Americans but that is inescapable within Japanese culture: manga, or "
-"comics. The Japanese are fanatics about comics. Some 40 percent of "
-"publications are comics, and 30 percent of publication revenue derives from "
-"comics. They are everywhere in Japanese society, at every magazine stand, "
-"carried by a large proportion of commuters on Japan's extraordinary system "
-"of public transportation."
+"Americans but that is inescapable within Japanese culture: "
+"<citetitle>manga</citetitle>, or comics. The Japanese are fanatics about "
+"comics. Some 40 percent of publications are comics, and 30 percent of "
+"publication revenue derives from comics. They are everywhere in Japanese "
+"society, at every magazine stand, carried by a large proportion of commuters "
+"on Japan's extraordinary system of public transportation."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1407
+#: freeculture.xml:1415
msgid ""
"Americans tend to look down upon this form of culture. That's an "
"unattractive characteristic of ours. We're likely to misunderstand much "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1418
+#: freeculture.xml:1426
msgid ""
"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 "
#. PAGE BREAK 39
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1423
+#: freeculture.xml:1431
msgid ""
-"This is the phenomenon of doujinshi. Doujinshi are also comics, but they are "
-"a kind of copycat comic. A rich ethic governs the creation of doujinshi. It "
-"is not doujinshi if it is just a copy; the artist must make a contribution "
-"to the art he copies, by transforming it either subtly or significantly. A "
+"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 doujinshi. It is not doujinshi if it is "
+"<emphasis>just</emphasis> a copy; the artist must make a contribution to the "
+"art he copies, by transforming it either subtly or significantly. A "
"doujinshi comic can thus take a mainstream comic and develop it "
"differently—with a different story line. Or the comic can keep the "
"character in character but change its look slightly. There is no formula for "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1437
+#: freeculture.xml:1446
msgid ""
"These copycat comics are not a tiny part of the manga market. They are "
"huge. More than 33,000 \"circles\" of creators from across Japan produce "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1448
+#: freeculture.xml:1457
msgid ""
"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 Japanese "
"\"derivative works.\" There is no general practice by doujinshi artists of "
"securing the permission of the manga creators. Instead, the practice is "
"simply to take and modify the creations of others, as Walt Disney did with "
-"Steamboat Bill, Jr. Under both Japanese and American law, that \"taking\" "
-"without 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."
+"<citetitle>Steamboat Bill, Jr</citetitle>. Under both Japanese and American "
+"law, that \"taking\" without 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:1462
+#: freeculture.xml:1471
msgid "Winick, Judd"
msgstr ""
#. f5
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1475
+#: freeculture.xml:1484
msgid ""
-"For an excellent history, see Scott McCloud, Reinventing Comics (New York: "
-"Perennial, 2000)."
+"For an excellent history, see Scott McCloud, <citetitle>Reinventing "
+"Comics</citetitle> (New York: Perennial, 2000)."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1465
+#: freeculture.xml:1474
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1480
+#: freeculture.xml:1489
msgid ""
"American comics now are quite different, Winick explains, in part because of "
"the legal difficulty of adapting comics the way doujinshi are "
#. f6
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1497
+#: freeculture.xml:1506
msgid ""
"See Salil K. Mehra, \"Copyright and Comics in Japan: Does Law Explain Why "
-"All the Comics My Kid Watches Are Japanese Imports?\" Rutgers Law Review 55 "
-"(2002): 155, 182. \"[T]here might be a collective economic rationality that "
-"would lead manga and anime artists to forgo bringing legal actions for "
-"infringement. One hypothesis is that all manga artists may be better off "
-"collectively if they set aside their individual self-interest and decide not "
-"to press their legal rights. This is essentially a prisoner's dilemma "
-"solved.\""
+"All the Comics My Kid Watches Are Japanese Imports?\" <citetitle>Rutgers Law "
+"Review</citetitle> 55 (2002): 155, 182. \"[T]here might be a collective "
+"economic rationality that would lead manga and anime artists to forgo "
+"bringing legal actions for infringement. One hypothesis is that all manga "
+"artists may be better off collectively if they set aside their individual "
+"self-interest and decide not to press their legal rights. This is "
+"essentially a prisoner's dilemma solved.\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1489
+#: freeculture.xml:1498
msgid ""
"The norm in Japan mitigates this legal difficulty. Some say it is precisely "
"the benefit accruing to the Japanese manga market that explains the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1508
+#: freeculture.xml:1517
msgid ""
"The problem with this story, however, as Mehra plainly acknowledges, is that "
"the mechanism producing this laissez faire response is not clear. It may "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1519
+#: freeculture.xml:1528
msgid ""
"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 a friend from "
#. PAGE BREAK 41
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1526
+#: freeculture.xml:1535
msgid ""
"This is a theme to which we will return: that regulation by law is a "
"function of both the words on the books and the costs of making those words "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1539
+#: freeculture.xml:1548
msgid ""
"If you're like I was a decade ago, or like most people are when they first "
"start thinking about these issues, then just about now you should be puzzled "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1556 freeculture.xml:2730 freeculture.xml:4355 freeculture.xml:4589 freeculture.xml:7144 freeculture.xml:8201
+#: freeculture.xml:1565 freeculture.xml:2748 freeculture.xml:4351 freeculture.xml:4577 freeculture.xml:7127 freeculture.xml:8184
msgid "Vaidhyanathan, Siva"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1549
+#: freeculture.xml:1558
msgid ""
-"The term intellectual property is of relatively recent origin. See Siva "
-"Vaidhyanathan, Copyrights and Copywrongs, 11 (New York: New York University "
-"Press, 2001). See also Lawrence Lessig, The Future of Ideas (New York: "
+"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> (New York: "
"Random House, 2001), 293 n. 26. The term accurately describes a set of "
"\"property\" rights—copyright, patents, trademark, and "
"trade-secret—but the nature of those rights is very different. "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1544
+#: freeculture.xml:1553
msgid ""
"We live in a world that celebrates \"property.\" I am one of those "
"celebrants. I believe in the value of property in general, and I also "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1563
+#: freeculture.xml:1572
msgid ""
"But it takes just a second's reflection to realize that there is plenty of "
"value out there that \"property\" doesn't capture. I don't mean \"money "
#. PAGE BREAK 42
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1578
+#: freeculture.xml:1587
msgid ""
"Thus, even though the things that Disney took—or more generally, the "
"things taken by anyone exercising Walt Disney creativity—are valuable, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1587
+#: freeculture.xml:1596
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1595
+#: freeculture.xml:1604
msgid ""
"Yet there is an obvious reluctance, even among Japanese lawyers, to say that "
"the copycat comic artists are \"stealing.\" This form of Walt Disney "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1601
+#: freeculture.xml:1610
msgid ""
"It's the same with a thousand examples that appear everywhere once you begin "
"to look. Scientists build upon the work of other scientists without asking "
"or paying for the privilege. (\"Excuse me, Professor Einstein, but may I "
"have permission to use your theory of relativity to show that you were wrong "
"about quantum physics?\") Acting companies perform adaptations of the works "
-"of Shakespeare without securing permission from anyone. (Does anyone believe "
-"Shakespeare would be better spread within our culture if there were a "
-"central Shakespeare rights clearinghouse that all productions of Shakespeare "
-"must appeal to first?) And Hollywood goes through cycles with a certain kind "
-"of movie: five asteroid films in the late 1990s; two volcano disaster films "
-"in 1997."
+"of Shakespeare without securing permission from anyone. (Does "
+"<emphasis>anyone</emphasis> believe Shakespeare would be better spread "
+"within our culture if there were a central Shakespeare rights clearinghouse "
+"that all productions of Shakespeare must appeal to first?) And Hollywood "
+"goes through cycles with a certain kind of movie: five asteroid films in the "
+"late 1990s; two volcano disaster films in 1997."
msgstr ""
#. PAGE BREAK 43
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1615
+#: freeculture.xml:1624
msgid ""
"Creators here and everywhere are always and at all times building upon the "
"creativity that went before and that surrounds them now. That building is "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1626
+#: freeculture.xml:1635
msgid ""
-"The hard question is therefore not whether a culture is free. All cultures "
-"are free to some degree. The hard question instead is \"How free is this "
-"culture?\" How much, and how broadly, is the culture free for others to take "
-"and build upon? Is that freedom limited to party members? To members of the "
-"royal family? To the top ten corporations on the New York Stock Exchange? Or "
-"is that freedom spread broadly? To artists generally, whether affiliated "
-"with the Met or not? To musicians generally, whether white or not? To "
-"filmmakers generally, whether affiliated with a studio or not?"
+"The hard question is therefore not <emphasis>whether</emphasis> a culture is "
+"free. All cultures are free to some degree. The hard question instead is "
+"\"<emphasis>How</emphasis> free is this culture?\" How much, and how "
+"broadly, is the culture free for others to take and build upon? Is that "
+"freedom limited to party members? To members of the royal family? To the top "
+"ten corporations on the New York Stock Exchange? Or is that freedom spread "
+"broadly? To artists generally, whether affiliated with the Met or not? To "
+"musicians generally, whether white or not? To filmmakers generally, whether "
+"affiliated with a studio or not?"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1637
+#: freeculture.xml:1647
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:1645
+#: freeculture.xml:1655
msgid "CHAPTER TWO: \"Mere Copyists\""
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:1646
+#: freeculture.xml:1656
msgid "Daguerre, Louis"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1648
+#: freeculture.xml:1658
msgid ""
"In 1839, Louis Daguerre invented the first practical technology for "
"producing what we would call \"photographs.\" Appropriately enough, they "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1657
+#: freeculture.xml:1667
msgid ""
"Yet despite high prices, the demand for daguerreotypes was strong. This "
"pushed inventors to find simpler and cheaper ways to make \"automatic "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:1668
+#: freeculture.xml:1678
msgid "Eastman, George"
msgstr ""
#. PAGE BREAK 45
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1671
+#: freeculture.xml:1681
msgid ""
"The technological change that made mass photography possible didn't happen "
"until 1888, and was the creation of a single man. George Eastman, himself an "
#. f1
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1688
+#: freeculture.xml:1698
msgid ""
-"Reese V. Jenkins, Images and Enterprise (Baltimore: Johns Hopkins University "
-"Press, 1975), 112."
+"Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: "
+"Johns Hopkins University Press, 1975), 112."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1683
+#: freeculture.xml:1693
msgid ""
"Eastman developed flexible, emulsion-coated paper film and placed rolls of "
"it in small, simple cameras: the Kodak. The device was marketed on the basis "
"of its simplicity. \"You press the button and we do the rest.\"<placeholder "
-"type=\"footnote\" id=\"0\"/> As he described in The Kodak Primer:"
+"type=\"footnote\" id=\"0\"/> As he described in <citetitle>The Kodak "
+"Primer</citetitle>:"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:1706 freeculture.xml:1729
+#: freeculture.xml:1716 freeculture.xml:1739
msgid "Coe, Brian"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para>
-#: freeculture.xml:1704
+#: freeculture.xml:1714
msgid ""
-"Brian Coe, The Birth of Photography (New York: Taplinger Publishing, 1977), "
-"53. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: "
+"
Taplinger Publishing, 1977), 53. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:1693
+#: freeculture.xml:1703
msgid ""
"The principle of the Kodak system is the separation of the work that any "
"person whomsoever can do in making a photograph, from the work that only an "
#. f3
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1722
+#: freeculture.xml:1732
msgid "Jenkins, 177."
msgstr ""
#. f4
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1726
+#: freeculture.xml:1736
msgid "Based on a chart in Jenkins, p. 178."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1711
+#: freeculture.xml:1721
msgid ""
"For $25, anyone could make pictures. The camera came preloaded with film, "
"and when it had been used, the camera was returned to an Eastman factory, "
#. f5
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1744
+#: freeculture.xml:1754
msgid "Coe, 58."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1733
+#: freeculture.xml:1743
msgid ""
"The real significance of Eastman's invention, however, was not economic. It "
"was social. Professional photography gave individuals a glimpse of places "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1748
+#: freeculture.xml:1758
msgid ""
"In this way, the Kodak camera and film were technologies of expression. The "
"pencil or paintbrush was also a technology of expression, of course. But it "
#. f6
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1770
+#: freeculture.xml:1780
msgid ""
-"For illustrative cases, see, for example, Pavesich v. N.E. Life Ins. Co., 50 "
-"S.E."
+"For illustrative cases, see, for example, <citetitle>Pavesich</citetitle> "
+"v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905); "
+"<citetitle>Foster-Milburn Co</citetitle>. v. <citetitle>Chinn</citetitle>, "
+"123090 S.W. 364, 366 (Ky. 1909); <citetitle>Corliss</citetitle> "
+"v. <citetitle>Walker</citetitle>, 64 F. 280 (Mass. Dist. Ct. 1894)."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1761
+#: freeculture.xml:1771
msgid ""
"What was required for this technology to flourish? Obviously, Eastman's "
"genius was an important part. But also important was the legal environment "
#. PAGE BREAK 47
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1774
+#: freeculture.xml:1788
msgid ""
"The arguments in favor of requiring permission will sound surprisingly "
"familiar. The photographer was \"taking\" something from the person or "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1796
+#: freeculture.xml:1810
msgid "Warren, Samuel D."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1793
+#: freeculture.xml:1807
msgid ""
-"Samuel D. Warren and Louis D. Brandeis, \"The Right to Privacy,\" Harvard "
-"Law Review 4 (1890): 193. <placeholder type=\"indexterm\" id=\"0\"/> "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"Samuel D. Warren and Louis D. Brandeis, \"The Right to Privacy,\" "
+"<citetitle>Harvard Law Review</citetitle> 4 (1890): 193. <placeholder "
+"
type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1786
+#: freeculture.xml:1800
msgid ""
"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 have the "
"Brandeis, who would become a Supreme Court Justice, thought the rule should "
"be different for images from private spaces.<placeholder type=\"footnote\" "
"id=\"0\"/>) It may be that this means that the photographer gets something "
-"for nothing. Just as Disney could take inspiration from Steamboat Bill, "
-"Jr. or the Brothers Grimm, the photographer should be free to capture an "
-"image without compensating the source."
+"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."
msgstr ""
#. f8
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1813
+#: freeculture.xml:1827
msgid ""
-"See Melville B. Nimmer, \"The Right of Publicity,\" Law and Contemporary "
-"Problems 19 (1954): 203; William L. Prosser, \"Privacy,\" California Law "
-"Review 48 (1960) 398–407; White v. Samsung Electronics America, Inc., "
-"971 F. 2d 1395 (9th Cir. 1992), cert. denied, 508 U.S. 951 (1993)."
+"See Melville B. Nimmer, \"The Right of Publicity,\" <citetitle>Law and "
+"Contemporary Problems</citetitle> 19 (1954): 203; William L. Prosser, "
+"\"Privacy,\" <citetitle>California Law Review</citetitle> 48 (1960) "
+"398–407; <citetitle>White</citetitle> v. <citetitle>Samsung "
+"Electronics America, Inc</citetitle>., 971 F. 2d 1395 (9th Cir. 1992), "
+"cert. denied, 508 U.S. 951 (1993)."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1803
+#: freeculture.xml:1817
msgid ""
"Fortunately for Mr. Eastman, and for photography in general, these early "
"decisions went in favor of the pirates. In general, no permission would be "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1821
+#: freeculture.xml:1835
msgid ""
"We can only speculate about how photography would have developed had the law "
"gone the other way. If the presumption had been against the photographer, "
#. PAGE BREAK 48
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1838
+#: freeculture.xml:1852
msgid ""
"But though we could imagine this system of permission, it would be very hard "
"to see how photography could have flourished as it did if the requirement "
#. f9
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1870
+#: freeculture.xml:1884
msgid ""
"H. Edward Goldberg, \"Essential Presentation Tools: Hardware and Software "
"You Need to Create Digital Multimedia Presentations,\" cadalyst, February "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1864
+#: freeculture.xml:1878
msgid ""
"These buses are not cheap, but the technology they carry is increasingly "
"so. The cost of a high-quality digital video system has fallen "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:1887
+#: freeculture.xml:1901
msgid "Yanofsky, Dave"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1882
+#: freeculture.xml:1896
msgid ""
"\"Media literacy,\" as Dave Yanofsky, the executive director of Just Think!, "
"puts it, \"is the ability . . . to understand, analyze, and deconstruct "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1890
+#: freeculture.xml:1904
msgid ""
"This may seem like an odd way to think about \"literacy.\" For most people, "
"literacy is about reading and writing. Faulkner and Hemingway and noticing "
#. f10
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1900
+#: freeculture.xml:1914
msgid ""
-"Judith Van Evra, Television and Child Development (Hillsdale, N.J.: Lawrence "
-"Erlbaum Associates, 1990); \"Findings on Family and TV Study,\" Denver Post, "
-"25 May 1997, B6."
+"Judith Van Evra, <citetitle>Television and Child Development</citetitle> "
+"(Hillsdale, N.J.: Lawrence Erlbaum Associates, 1990); \"Findings on Family "
+"and TV Study,\" <citetitle>Denver Post</citetitle>, 25 May 1997, B6."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1896
+#: freeculture.xml:1910
msgid ""
"Maybe. But in a world where children see on average 390 hours of television "
"commercials per year, or between 20,000 and 45,000 commercials "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1911
+#: freeculture.xml:1925
msgid ""
"A growing field of academics and activists sees this form of literacy as "
"crucial to the next generation of culture. For though anyone who has written "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1921
+#: freeculture.xml:1935
msgid ""
"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 the "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:1928
+#: freeculture.xml:1942
msgid "Crichton, Michael"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:1942 freeculture.xml:2002 freeculture.xml:2009 freeculture.xml:2444
+#: freeculture.xml:1956 freeculture.xml:2016 freeculture.xml:2023 freeculture.xml:2458
msgid "Barish, Stephanie"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1943
+#: freeculture.xml:1957
msgid "Daley, Elizabeth"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1940
+#: freeculture.xml:1954
msgid ""
"Interview with Elizabeth Daley and Stephanie Barish, 13 December 2002. "
"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
#. f12
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:1954
+#: freeculture.xml:1968
msgid ""
"See Scott Steinberg, \"Crichton Gets Medieval on PCs,\" E!online, 4 November "
"2000, available at <ulink url=\"http://free-culture.cc/notes/\">link "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1930
+#: freeculture.xml:1944
msgid ""
"This grammar has changed as media has changed. When it was just film, as "
"Elizabeth Daley, executive director of the University of Southern "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:1961
+#: freeculture.xml:1975
msgid "computer games"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1963
+#: freeculture.xml:1977
msgid ""
"This skill is precisely the craft a filmmaker learns. As Daley describes, "
"\"people are very surprised about how they are led through a film. [I]t is "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1970
+#: freeculture.xml:1984
msgid ""
"Yet the push for an expanded literacy—one that goes beyond text to "
"include audio and visual elements—is not about making better film "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:1977
+#: freeculture.xml:1991
msgid ""
"From my perspective, probably the most important digital divide is not "
"access to a box. It's the ability to be empowered with the language that "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1985
+#: freeculture.xml:1999
msgid ""
"\"Read-only.\" Passive recipients of culture produced elsewhere. Couch "
"potatoes. Consumers. This is the world of media from the twentieth century."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2001
+#: freeculture.xml:2015
msgid "Interview with Daley and Barish. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. f31
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2006 freeculture.xml:3701 freeculture.xml:4775 freeculture.xml:7929
+#: freeculture.xml:2020 freeculture.xml:3725 freeculture.xml:4763 freeculture.xml:7911
msgid "Ibid."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:1990
+#: freeculture.xml:2004
msgid ""
"The twenty-first century could be different. This is the crucial point: It "
"could be both read and write. Or at least reading and better understanding "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2011
+#: freeculture.xml:2025
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2023
+#: freeculture.xml:2037
msgid ""
"The class was held on Friday afternoons, and it created a relatively new "
"problem for the school. While the challenge in most classes was getting the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2031
+#: freeculture.xml:2045
msgid ""
"Using whatever \"free web stuff they could find,\" and relatively simple "
"tools to enable the kids to mix \"image, sound, and text,\" Barish said this "
"students, `you have to do it in text,' they would've just thrown their hands "
"up and gone and done something else,\" Barish described, in part, no doubt, "
"because expressing themselves in text is not something these students can do "
-"well. Yet neither is text a form in which these ideas can be expressed "
-"well. The power of this message depended upon its connection to this form of "
-"expression."
+"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."
msgstr ""
#. PAGE BREAK 52
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2050
+#: freeculture.xml:2064
msgid ""
"\"But isn't education about teaching kids to write?\" I asked. In part, of "
"course, it is. But why are we teaching kids to write? Education, Daley "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:2061
+#: freeculture.xml:2075
msgid ""
"What you want is to give these students ways of constructing meaning. If all "
"you give them is text, they're not going to do it. Because they can't. You "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:2080
+#: freeculture.xml:2094
msgid ""
"That empowers enormously. And then what happens, of course, is eventually, "
"as it has happened in all these classes, they bump up against the fact, \"I "
#. PAGE BREAK 53
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:2087
+#: freeculture.xml:2101
msgid ""
"Because they needed to. There was a reason for doing it. They needed to say "
"something, as opposed to just jumping through your hoops. They actually "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2096
+#: freeculture.xml:2110
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2107
+#: freeculture.xml:2121
msgid ""
"These retellings had an increasingly familiar feel. There was music scored "
"for the intermissions, and fancy graphics that flashed across the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:2114 freeculture.xml:7867
+#: freeculture.xml:2128 freeculture.xml:7849
msgid "ABC"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:2115
+#: freeculture.xml:2129
msgid "CBS"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2117
+#: freeculture.xml:2131
msgid ""
"But in addition to this produced news about the \"tragedy of September 11,\" "
"those of us tied to the Internet came to see a very different production as "
"shows with text. Some offered open letters. There were sound "
"recordings. There was anger and frustration. There were attempts to provide "
"context. There was, in short, an extraordinary worldwide barn raising, in "
-"the sense Mike Godwin uses the term in his book Cyber Rights, around a news "
-"event that had captured the attention of the world. There was ABC and CBS, "
-"but there was also the Internet."
+"the sense Mike Godwin uses the term in his book <citetitle>Cyber "
+"Rights</citetitle>, around a news event that had captured the attention of "
+"the world. There was ABC and CBS, but there was also the Internet."
msgstr ""
#. PAGE BREAK 54
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2131
+#: freeculture.xml:2145
msgid ""
"I don't mean simply to praise the Internet—though I do think the "
"people who supported this form of speech should be praised. I mean instead "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2141
+#: freeculture.xml:2155
msgid ""
"But unlike any technology for simply capturing images, the Internet allows "
"these creations to be shared with an extraordinary number of people, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2150
+#: freeculture.xml:2164
msgid ""
"September 11 was not an aberration. It was a beginning. Around the same "
"time, a form of communication that has grown dramatically was just beginning "
"to come into public consciousness: the Web-log, or blog. The blog is a kind "
"of public diary, and within some cultures, such as in Japan, it functions "
"very much like a diary. In those cultures, it records private facts in a "
-"public way—it's a kind of electronic Jerry Springer, available "
-"anywhere in the world."
+"public way—it's a kind of electronic <citetitle>Jerry "
+"Springer</citetitle>, available anywhere in the world."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2159
+#: freeculture.xml:2173
msgid ""
"But in the United States, blogs have taken on a very different character. "
"There are some who use the space simply to talk about their private "
#. PAGE BREAK 55
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2173
+#: freeculture.xml:2187
msgid ""
"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 difficult for "
#. f15
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2199
+#: freeculture.xml:2213
msgid ""
-"See, for example, Alexis de Tocqueville, Democracy in America, bk. 1, "
-"trans. Henry Reeve (New York: Bantam Books, 2000), ch. 16."
+"See, for example, Alexis de Tocqueville, <citetitle>Democracy in "
+"America</citetitle>, bk. 1, trans. Henry Reeve (New York: Bantam Books, "
+"2000), ch. 16."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2184
+#: freeculture.xml:2198
msgid ""
"But democracy has never just been about elections. Democracy means rule by "
"the people, but rule means something more than mere elections. In our "
#. f16
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2208
+#: freeculture.xml:2222
msgid ""
-"Bruce Ackerman and James Fishkin, \"Deliberation Day,\" Journal of Political "
-"Philosophy 10 (2) (2002): 129."
+"Bruce Ackerman and James Fishkin, \"Deliberation Day,\" <citetitle>Journal "
+"of Political Philosophy</citetitle> 10 (2) (2002): 129."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2204
+#: freeculture.xml:2218
msgid ""
"Yet even this institution flags in American life today. And in its place, "
"there is no systematic effort to enable citizen deliberation. Some are "
#. f17
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2223
+#: freeculture.xml:2237
msgid ""
-"Cass Sunstein, Republic.com (Princeton: Princeton University Press, 2001), "
-"65–80, 175, 182, 183, 192."
+"Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton "
+"University Press, 2001), 65–80, 175, 182, 183, 192."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2216
+#: freeculture.xml:2230
msgid ""
"More bizarrely, there is generally not even permission for it to occur. We, "
"the most powerful democracy in the world, have developed a strong norm "
#. PAGE BREAK 56
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2229
+#: freeculture.xml:2243
msgid ""
"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 want "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2240
+#: freeculture.xml:2254
msgid ""
"But beyond architecture, blogs also have solved the problem of "
"norms. There's no norm (yet) in blog space not to talk about politics. "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:2252
+#: freeculture.xml:2266
msgid "Dean, Howard"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2248
+#: freeculture.xml:2262
msgid ""
"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 "
#. f18
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2266
+#: freeculture.xml:2280
msgid ""
"Noah Shachtman, \"With Incessant Postings, a Pundit Stirs the Pot,\" New "
"York Times, 16 January 2003, G5."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:2269
+#: freeculture.xml:2283
msgid "Lott, Trent"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2255
+#: freeculture.xml:2269
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2272
+#: freeculture.xml:2286
msgid ""
"This different cycle is possible because the same commercial pressures don't "
"exist with blogs as with other ventures. Television and newspapers are "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2279
+#: freeculture.xml:2293
msgid ""
"But bloggers don't have a similar constraint. They can obsess, they can "
"focus, they can get serious. If a particular blogger writes a particularly "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:2288
+#: freeculture.xml:2302
msgid "Winer, Dave"
msgstr ""
#. PAGE BREAK 57
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2291
+#: freeculture.xml:2305
msgid ""
"There's a second way, as well, in which blogs have a different cycle from "
"the mainstream press. As Dave Winer, one of the fathers of this movement and "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2301 freeculture.xml:2354
+#: freeculture.xml:2315 freeculture.xml:2368
msgid "CNN"
msgstr ""
#. f19
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2309
+#: freeculture.xml:2323
msgid "Telephone interview with David Winer, 16 April 2003."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2303
+#: freeculture.xml:2317
msgid ""
"These conflicts become more important as media becomes more concentrated "
"(more on this below). A concentrated media can hide more from the public "
"uplink with a reporter in Iraq. The New York headquarters was telling the "
"reporter over and over that her 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 they were writing \"the story.\")"
+"warranted, they told her <emphasis>that</emphasis> they were writing \"the "
+"story.\")"
msgstr ""
#. f20
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2327
+#: freeculture.xml:2341
msgid ""
"John Schwartz, \"Loss of the Shuttle: The Internet; A Wealth of Information "
-"Online,\" New York Times, 2 February 2003, A28; Staci D. Kramer, \"Shuttle "
-"Disaster Coverage Mixed, but Strong Overall,\" Online Journalism Review, 2 "
-"February 2003, available at <ulink "
+"Online,\" <citetitle>New York Times</citetitle>, 2 February 2003, A28; Staci "
+"D. Kramer, \"Shuttle Disaster Coverage Mixed, but Strong Overall,\" Online "
+"
Journalism Review, 2 February 2003, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #10</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2319
+#: freeculture.xml:2333
msgid ""
"Blog space gives amateurs a way to enter the debate—\"amateur\" not in "
"the sense of inexperienced, but in the sense of an Olympic athlete, meaning "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2346
-msgid ""
-"See Michael Falcone, \"Does an Editor's Pencil Ruin a Web Log?\" New York "
-"Times, 29 September 2003, C4. (\"Not all news organizations have been as "
-"accepting of employees who blog. Kevin Sites, a CNN correspondent in Iraq "
-"who started a blog about his reporting of the war on March 9, stopped "
-"posting 12 days later at his bosses' request. Last year Steve Olafson, a "
-"Houston Chronicle 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.\") <placeholder type=\"indexterm\" id=\"0\"/>"
+#: freeculture.xml:2360
+msgid ""
+"See Michael Falcone, \"Does an Editor's Pencil Ruin a Web Log?\" "
+"<citetitle>New York Times</citetitle>, 29 September 2003, C4. (\"Not all "
+"news organizations have been as accepting of employees who blog. Kevin "
+"Sites, a CNN correspondent in Iraq who started a blog about his reporting of "
+"the 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.\") "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 58
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2339
+#: freeculture.xml:2353
msgid ""
"Winer is optimistic about the future of journalism infected with "
"blogs. \"It's going to become an essential skill,\" Winer predicts, for "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2366
+#: freeculture.xml:2380
msgid ""
"This speech affects democracy. Winer thinks that happens because \"you don't "
"have to work for somebody who controls, [for] a gatekeeper.\" That is "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:2382
+#: freeculture.xml:2396
msgid "Brown, John Seely"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2385
+#: freeculture.xml:2399
msgid ""
"John Seely Brown is the chief scientist of the Xerox Corporation. His work, "
"as his Web site describes it, is \"human learning and . . . the creation of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2390
+#: freeculture.xml:2404
msgid ""
"Brown thus looks at these technologies of digital creativity a bit "
"differently from the perspectives I've sketched so far. I'm sure he would be "
#. PAGE BREAK 59
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2397
+#: freeculture.xml:2411
msgid ""
"As Brown believes, we learn by tinkering. When \"a lot of us grew up,\" he "
"explains, that tinkering was done \"on motorcycle engines, lawnmower "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2410
+#: freeculture.xml:2424
msgid ""
"The best large-scale example of this kind of tinkering so far is free "
"software or open-source software (FS/OSS). FS/OSS is software whose source "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2417
+#: freeculture.xml:2431
msgid ""
"This opportunity creates a \"completely new kind of learning platform,\" as "
"Brown describes. \"As soon as you start doing that, you . . . unleash a "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2425
+#: freeculture.xml:2439
msgid ""
"In this process, \"the concrete things you tinker with are abstract. They "
"are code.\" Kids are \"shifting to the ability to tinker in the abstract, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2434
+#: freeculture.xml:2448
msgid ""
"This same thing happens with content, too. And it happens in the same "
"collaborative way when that content is part of the Web. As Brown puts it, "
#. PAGE BREAK 60
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2446
+#: freeculture.xml:2460
msgid ""
"Brown is talking about what Elizabeth Daley, Stephanie Barish, and Just "
"Think! teach: that this tinkering with culture teaches as well as "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2454
+#: freeculture.xml:2468
msgid ""
"Yet the freedom to tinker with these objects is not guaranteed. Indeed, as "
"we'll see through the course of this book, that freedom is increasingly "
#. f22
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2469
+#: freeculture.xml:2483
msgid ""
"See, for example, Edward Felten and Andrew Appel, \"Technological Access "
-"Control Interferes with Noninfringing Scholarship,\" Communications of the "
-"Association for Computer Machinery 43 (2000): 9."
+"Control Interferes with Noninfringing Scholarship,\" "
+"<citetitle>Communications of the Association for Computer "
+"Machinery</citetitle> 43 (2000): 9."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2463
+#: freeculture.xml:2477
msgid ""
"These restrictions have become the focus of researchers and scholars. "
"Professor Ed Felten of Princeton (whom we'll see more of in chapter 10) has "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2477
+#: freeculture.xml:2491
msgid ""
"\"This is where education in the twenty-first century is going,\" Brown "
"explains. We need to \"understand how kids who grow up digital think and "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2482
+#: freeculture.xml:2496
msgid ""
"\"Yet,\" as Brown continued, and as the balance of this book will evince, "
"\"we are building a legal system that completely suppresses the natural "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2490
+#: freeculture.xml:2504
msgid ""
"We're building a technology that takes the magic of Kodak, mixes moving "
"images and sound, and adds a space for commentary and an opportunity to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2496
+#: freeculture.xml:2510
msgid ""
"\"No way to run a culture,\" as Brewster Kahle, whom we'll meet in chapter "
"9, quipped to me in a rare moment of despondence."
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:2502
+#: freeculture.xml:2516
msgid "CHAPTER THREE: Catalogs"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2504
+#: freeculture.xml:2518
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2511
+#: freeculture.xml:2525
msgid ""
"RPI is one of America's foremost technological research institutions. It "
"offers degrees in fields ranging from architecture and engineering to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2519
+#: freeculture.xml:2533
msgid ""
"RPI's computer network links students, faculty, and administration to one "
"another. It also links RPI to the Internet. Not everything available on the "
#. PAGE BREAK 62
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2526
+#: freeculture.xml:2540
msgid ""
"Search engines are a measure of a network's intimacy. Google brought the "
"Internet much closer to all of us by fantastically improving the quality of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2538
+#: freeculture.xml:2552
msgid ""
"These engines are enabled by the network technology itself. Microsoft, for "
"example, has a network file system that makes it very easy for search "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2547
+#: freeculture.xml:2561
msgid ""
"Jesse's wasn't the first search engine built for the RPI network. Indeed, "
"his engine was a simple modification of engines that others had built. His "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2559
+#: freeculture.xml:2573
msgid ""
"Jesse's engine went on-line in late October. Over the following six months, "
"he continued to tweak it to improve its functionality. By March, the system "
#. PAGE BREAK 63
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2566
+#: freeculture.xml:2580
msgid ""
"Thus the index his search engine produced included pictures, which students "
"could use to put on their own Web sites; copies of notes or research; copies "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2575
+#: freeculture.xml:2589
msgid ""
"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 means, of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2590
+#: freeculture.xml:2604
msgid ""
"On April 3, 2003, Jesse was contacted by the dean of students at RPI. The "
"dean informed Jesse that the Recording Industry Association of America, the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2599
+#: freeculture.xml:2613
msgid ""
"\"It was absurd,\" he told me. \"I don't think I did anything wrong. . . . "
"I don't think there's anything wrong with the search engine that I ran or "
". . . what I had done to it. I mean, I hadn't modified it in any way that "
"promoted or enhanced the work of pirates. I just modified the search engine "
-"in a way that would make it easier to use\"—again, a search engine, "
-"which Jesse had not himself built, using the Windows filesharing system, "
-"which Jesse had not himself built, to enable members of the 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."
+"in a way that would make it easier to use\"—again, a <emphasis>search "
+"engine</emphasis>, which Jesse had not himself built, using the Windows "
+"filesharing system, which Jesse had not himself built, to enable members of "
+"the 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."
msgstr ""
#. PAGE BREAK 64
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2611
+#: freeculture.xml:2626
msgid ""
"But the RIAA branded Jesse a pirate. They claimed he operated a network and "
"had therefore \"willfully\" violated copyright laws. They demanded that he "
#. f1
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2631
+#: freeculture.xml:2649
msgid ""
"Tim Goral, \"Recording Industry Goes After Campus P-2-P Networks: Suit "
-"Alleges $97.8 Billion in Damages,\" Professional Media Group LCC 6 (2003): "
-"5, available at 2003 WL 55179443."
+"Alleges $97.8 Billion in Damages,\" <citetitle>Professional Media Group "
+"LCC</citetitle> 6 (2003): 5, available at 2003 WL 55179443."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2622
+#: freeculture.xml:2637
msgid ""
"Similar lawsuits were brought against three other students: one other "
"student at RPI, one at Michigan Technical University, and one at "
"different in detail, the bottom line in each was exactly the same: huge "
"demands for \"damages\" that the RIAA claimed it was entitled to. If you "
"added up the claims, these four lawsuits were asking courts in the United "
-"States to award the plaintiffs close to $100 billion—six times the "
-"total profit of the film industry in 2001.<placeholder type=\"footnote\" "
+"States to award the plaintiffs close to $100 "
+"<emphasis>billion</emphasis>—six times the <emphasis>total</emphasis> "
+"profit of the film industry in 2001.<placeholder type=\"footnote\" "
"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2637
+#: freeculture.xml:2655
msgid ""
"Jesse called his parents. They were supportive but a bit frightened. An "
"uncle was a lawyer. He began negotiations with the RIAA. They demanded to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2644
+#: freeculture.xml:2662
msgid ""
"The RIAA wanted Jesse to admit to doing something wrong. He refused. They "
"wanted him to agree to an injunction that would essentially make it "
#. PAGE BREAK 65
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2655
+#: freeculture.xml:2673
msgid ""
"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 American "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2665
+#: freeculture.xml:2683
msgid ""
"So Jesse faced a mafia-like choice: $250,000 and a chance at winning, or "
"$12,000 and a settlement."
#. f2
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2677
+#: freeculture.xml:2695
msgid ""
"Occupational Employment Survey, U.S. Dept. of Labor (2001) "
"(27–2042—Musicians and Singers). See also National Endowment for "
-"the Arts, More Than One in a Blue Moon (2000)."
+"the Arts, <citetitle>More Than One in a Blue Moon</citetitle> (2000)."
msgstr ""
#. f3
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:2685
+#: freeculture.xml:2703
msgid ""
-"Douglas Lichtman makes a related point in \"KaZaA and Punishment,\" Wall "
-"Street Journal, 10 September 2003, A24."
+"Douglas Lichtman makes a related point in \"KaZaA and Punishment,\" "
+"<citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2669
+#: freeculture.xml:2687
msgid ""
"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. Where is the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2690
+#: freeculture.xml:2708
msgid ""
"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 kid who had "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:2697
+#: freeculture.xml:2715
msgid ""
"I was definitely not an activist [before]. I never really meant to be an "
"activist. . . . [But] I've been pushed into this. In no way did I ever "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2704
+#: freeculture.xml:2722
msgid ""
"Jesse's parents betray a certain pride in their reluctant activist. As his "
"father told me, Jesse \"considers himself very conservative, and so do "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:2713
+#: freeculture.xml:2731
msgid "CHAPTER FOUR: \"Pirates\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:2715
+#: freeculture.xml:2733
msgid ""
"If \"piracy\" means using the creative property of others without their "
"permission—if \"if value, then right\" is true—then the history "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:2723
+#: freeculture.xml:2741
msgid "Film"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2727
+#: freeculture.xml:2745
msgid ""
"I am grateful to Peter DiMauro for pointing me to this extraordinary "
-"history. See also Siva Vaidhyanathan, Copyrights and Copywrongs, "
-"87–93, which details Edison's \"adventures\" with copyright and "
-"patent. <placeholder type=\"indexterm\" id=\"0\"/>"
+"history. See also Siva Vaidhyanathan, <citetitle>Copyrights and "
+"Copywrongs</citetitle>, 87–93, which details Edison's \"adventures\" "
+"
with copyright and patent. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 67
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2725
+#: freeculture.xml:2743
msgid ""
"The film industry of Hollywood was built by fleeing pirates.<placeholder "
"type=\"footnote\" id=\"0\"/> Creators and directors migrated from the East "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2743
+#: freeculture.xml:2761
msgid "As one commentator tells one part of the story,"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:2747
+#: freeculture.xml:2765
msgid ""
"A January 1909 deadline was set for all companies to comply with the "
"license. By February, unlicensed outlaws, who referred to themselves as "
#. f2
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:2767
+#: freeculture.xml:2785
msgid ""
-"J. A. Aberdeen, Hollywood Renegades: The Society of Independent Motion "
-"Picture Producers (Cobblestone Entertainment, 2000) and expanded texts "
-"posted at \"The Edison Movie Monopoly: The Motion Picture Patents Company "
-"vs. the Independent Outlaws,\" available at <ulink "
+"J. A. Aberdeen, <citetitle>Hollywood Renegades: The Society of Independent "
+"Motion Picture Producers</citetitle> (Cobblestone Entertainment, 2000) and "
+"expanded texts posted at \"The Edison Movie Monopoly: The Motion Picture "
+"
Patents Company vs. the Independent Outlaws,\" available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #11</ulink>. For a discussion of "
"the economic motive behind both these limits and the limits imposed by "
"Victor on phonographs, see Randal C. Picker, \"From Edison to the Broadcast "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><indexterm><primary>
-#: freeculture.xml:2778
+#: freeculture.xml:2796
msgid "General Film Company"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2779 freeculture.xml:3022 freeculture.xml:4121 freeculture.xml:9469
+#: freeculture.xml:2797 freeculture.xml:3042 freeculture.xml:4129 freeculture.xml:9448
msgid "Picker, Randal C."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:2756
+#: freeculture.xml:2774
msgid ""
"With the country experiencing a tremendous expansion in the number of "
"nickelodeons, the Patents Company reacted to the independent movement by "
#. f3
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2789
+#: freeculture.xml:2807
msgid ""
-"Marc Wanamaker, \"The First Studios,\" The Silents Majority, archived at "
-"<ulink url=\"http://free-culture.cc/notes/\">link #12</ulink>."
+"Marc Wanamaker, \"The First Studios,\" <citetitle>The Silents "
+"Majority</citetitle>, archived at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #12</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2783
+#: freeculture.xml:2801
msgid ""
"The Napsters of those days, the \"independents,\" were companies like "
"Fox. And no less than today, these independents were vigorously resisted. "
#. PAGE BREAK 68
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2799
+#: freeculture.xml:2817
msgid ""
"Of course, California grew quickly, and the effective enforcement of federal "
"law eventually spread west. But because patents grant the patent holder a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:2810
+#: freeculture.xml:2828
msgid "Recorded Music"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2812
+#: freeculture.xml:2830
msgid ""
"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."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2816
+#: freeculture.xml:2834
msgid ""
"At the time that Edison and Henri Fourneaux invented machines for "
"reproducing music (Edison the phonograph, Fourneaux the player piano), the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:2825 freeculture.xml:2967
+#: freeculture.xml:2843 freeculture.xml:2987
msgid "Beatles"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2827
+#: freeculture.xml:2845
msgid ""
"But what if I wanted to record \"Happy Mose,\" using Edison's phonograph or "
"Fourneaux's player piano? Here the law stumbled. It was clear enough that I "
#. PAGE BREAK 69
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2845
+#: freeculture.xml:2863
msgid ""
"The composers (and publishers) were none too happy about this capacity to "
"pirate. As South Dakota senator Alfred Kittredge put it,"
#. f4
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:2859
+#: freeculture.xml:2877
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright: Hearings on S. 6330 "
"and H.R. 19853 Before the ( Joint) Committees on Patents, 59th Cong. 59, 1st "
"sess. (1906) (statement of Senator Alfred B. Kittredge, of South Dakota, "
-"chairman), reprinted in Legislative History of the Copyright Act, E. Fulton "
-"Brylawski and Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, "
-"1976)."
+"chairman), reprinted in <citetitle>Legislative History of the Copyright "
+"Act</citetitle>, E. Fulton Brylawski and Abe Goldman, eds. (South "
+"Hackensack, N.J.: Rothman Reprints, 1976)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:2852
+#: freeculture.xml:2870
msgid ""
"Imagine the injustice of the thing. A composer writes a song or an opera. A "
"publisher buys at great expense the rights to the same and copyrights "
#. f5
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2873
+#: freeculture.xml:2891
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 223 (statement of "
"Nathan Burkan, attorney for the Music Publishers Association)."
#. f6
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2879
+#: freeculture.xml:2897
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 226 (statement of "
"Nathan Burkan, attorney for the Music Publishers Association)."
#. f7
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2886
+#: freeculture.xml:2904
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 23 (statement of "
"John Philip Sousa, composer)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2869
+#: freeculture.xml:2887
msgid ""
"The innovators who developed the technology to record other people's works "
"were \"sponging upon the toil, the work, the talent, and genius of American "
#. f8
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2899
+#: freeculture.xml:2917
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 283–84 "
"(statement of Albert Walker, representative of the Auto-Music Perforating "
#. f9
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2910
+#: freeculture.xml:2928
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared "
"memorandum of Philip Mauro, general patent counsel of the American "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2891
+#: freeculture.xml:2909
msgid ""
"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 player piano "
#. PAGE BREAK 70
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2916
+#: freeculture.xml:2934
msgid ""
-"The law soon resolved this battle in favor of the composer and the recording "
-"artist. Congress amended the law to make sure that composers would be paid "
-"for the \"mechanical reproductions\" of their music. But rather than simply "
-"granting the composer complete control over the right to make mechanical "
-"reproductions, Congress gave recording artists a right to record the music, "
-"at a price set by Congress, once the composer allowed it to be recorded "
-"once. This is the part of 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."
+"The law soon resolved this battle in favor of the composer "
+"<emphasis>and</emphasis> the recording artist. Congress amended the law to "
+"make sure that composers would be paid for the \"mechanical reproductions\" "
+"of their music. But rather than simply granting the composer complete "
+"control over the right to make mechanical reproductions, Congress gave "
+"recording artists a right to record the music, at a price set by Congress, "
+"once the composer allowed it to be recorded once. This is the part of "
+"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."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2930
+#: freeculture.xml:2949
msgid ""
"American law ordinarily calls this a \"compulsory license,\" but I will "
"refer to it as a \"statutory license.\" A statutory license is a license "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:2945 freeculture.xml:13722
+#: freeculture.xml:2964 freeculture.xml:13703
msgid "Grisham, John"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2938
+#: freeculture.xml:2957
msgid ""
"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 Grisham gives the "
#. f10
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:2961
+#: freeculture.xml:2981
msgid ""
"Copyright Law Revision: Hearings on S. 2499, S. 2900, H.R. 243, and "
"H.R. 11794 Before the ( Joint) Committee on Patents, 60th Cong., 1st sess., "
"217 (1908) (statement of Senator Reed Smoot, chairman), reprinted in "
-"Legislative History of the 1909 Copyright Act, E. Fulton Brylawski and Abe "
-"Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976)."
+"<citetitle>Legislative History of the 1909 Copyright Act</citetitle>, "
+"E. Fulton Brylawski and Abe Goldman, eds. (South Hackensack, N.J.: Rothman "
+"Reprints, 1976)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2948
+#: freeculture.xml:2967
msgid ""
"But the law governing recordings gives recording artists less. And thus, in "
-"effect, the law subsidizes the recording industry through a kind of "
-"piracy—by giving recording artists a weaker right than it otherwise "
-"gives creative authors. The Beatles have less control over their creative "
-"work than Grisham does. And the beneficiaries of this less control are the "
-"recording industry and the public. The recording industry gets something of "
-"value for less than it otherwise would pay; the public gets access to a much "
-"wider range of musical creativity. Indeed, Congress was quite explicit about "
-"its reasons for granting this right. Its fear was the monopoly power of "
-"rights holders, and that that power would stifle follow-on "
-"creativity.<placeholder type=\"footnote\" id=\"0\"/> <placeholder "
+"effect, the law <emphasis>subsidizes</emphasis> the recording industry "
+"through a kind of piracy—by giving recording artists a weaker right "
+"than it otherwise gives creative authors. The Beatles have less control over "
+"their creative work than Grisham does. And the beneficiaries of this less "
+"control are the recording industry and the public. The recording industry "
+"gets something of value for less than it otherwise would pay; the public "
+"gets access to a much wider range of musical creativity. Indeed, Congress "
+"was quite explicit about its reasons for granting this right. Its fear was "
+"the monopoly power of rights holders, and that that power would stifle "
+"
follow-on creativity.<placeholder type=\"footnote\" id=\"0\"/> <placeholder "
"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2970
+#: freeculture.xml:2990
msgid ""
"While the recording industry has been quite coy about this recently, "
"historically it has been quite a supporter of the statutory license for "
#. f11
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:2992
+#: freeculture.xml:3012
msgid ""
"Copyright Law Revision: Report to Accompany H.R. 2512, House Committee on "
"the Judiciary, 90th Cong., 1st sess., House Document no. 83, (8 March "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:2977
+#: freeculture.xml:2997
msgid ""
"the record producers argued vigorously that the compulsory license system "
"must be retained. They asserted that the record industry is a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:2999
+#: freeculture.xml:3019
msgid ""
"By limiting the rights musicians have, by partially pirating their creative "
"work, the record producers, and the public, benefit."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:3004 freeculture.xml:4086
+#: freeculture.xml:3024 freeculture.xml:4094
msgid "Radio"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3006
+#: freeculture.xml:3026
msgid "Radio was also born of piracy."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3021
+#: freeculture.xml:3041
msgid "Hand, Learned"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3012
-msgid ""
-"See 17 United States Code, sections 106 and 110. At the beginning, record "
-"companies printed \"Not Licensed for Radio Broadcast\" and other messages "
-"purporting to restrict the ability to play a record on a radio station. "
-"Judge Learned Hand rejected the argument that a warning attached to a record "
-"might restrict the rights of the radio station. See RCA Manufacturing "
-"Co. v. Whiteman, 114 F. 2d 86 (2nd Cir. 1940). See also Randal C. Picker, "
-"\"From Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and "
-"the Propertization of Copyright,\" University of Chicago Law Review 70 "
-"(2003): 281. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+#: freeculture.xml:3032
+msgid ""
+"See 17 <citetitle>United States Code</citetitle>, sections 106 and 110. At "
+"the beginning, record companies printed \"Not Licensed for Radio Broadcast\" "
+"and other messages purporting to restrict the ability to play a record on a "
+"radio station. Judge Learned Hand rejected the argument that a warning "
+"attached to a record might restrict the rights of the radio station. See "
+"<citetitle>RCA Manufacturing "
+"Co</citetitle>. v. <citetitle>Whiteman</citetitle>, 114 F. 2d 86 (2nd "
+"Cir. 1940). See also Randal C. Picker, \"From Edison to the Broadcast Flag: "
+"Mechanisms of Consent and Refusal and the Propertization of Copyright,\" "
+"<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 281. "
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3009
+#: freeculture.xml:3029
msgid ""
"When a radio station plays a record on the air, that constitutes a \"public "
"performance\" of the composer's work.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:3038 freeculture.xml:8564 freeculture.xml:9022 freeculture.xml:11921
+#: freeculture.xml:3059 freeculture.xml:8547 freeculture.xml:9003 freeculture.xml:11893
msgid "Lovett, Lyle"
msgstr ""
#. PAGE BREAK 72
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3029
+#: freeculture.xml:3049
msgid ""
"But when the radio station plays a record, it is not only performing a copy "
-"of the composer's work. The radio station is also performing a copy of the "
-"recording artist's work. It's one thing to have \"Happy Birthday\" sung on "
-"the radio by the local children's choir; it's quite another to have it sung "
-"by the Rolling Stones or Lyle Lovett. The recording artist is adding to the "
-"value of the composition performed on the radio station. And if the law "
-"were perfectly consistent, the radio station would have to pay the recording "
-"artist for his work, just as it pays the composer of the music for his "
-"work. <placeholder type=\"indexterm\" id=\"0\"/>"
+"of the <emphasis>composer's</emphasis> work. The radio station is also "
+"performing a copy of the <emphasis>recording artist's</emphasis> work. It's "
+"one thing to have \"Happy Birthday\" sung on the radio by the local "
+"children's choir; it's quite another to have it sung by the Rolling Stones "
+"or Lyle Lovett. The recording artist is adding to the value of the "
+"composition performed on the radio station. And if the law were perfectly "
+"consistent, the radio station would have to pay the recording artist for his "
+"work, just as it pays the composer of the music for his work. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3043
+#: freeculture.xml:3064
msgid ""
"But it doesn't. Under the law governing radio performances, the radio "
"station does not have to pay the recording artist. The radio station need "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:3051 freeculture.xml:3535 freeculture.xml:5939
+#: freeculture.xml:3072 freeculture.xml:3557 freeculture.xml:5931
msgid "Madonna"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3054
+#: freeculture.xml:3075
msgid ""
"This difference can be huge. Imagine you compose a piece of music. Imagine "
"it is your first. You own the exclusive right to authorize public "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3060
+#: freeculture.xml:3081
msgid ""
"Imagine she does sing your song, and imagine she likes it a lot. She then "
"decides to make a recording of your song, and it becomes a top hit. Under "
"our law, every time a radio station plays your song, you get some money. But "
"Madonna gets nothing, save the indirect effect on the sale of her CDs. The "
"public performance of her recording is not a \"protected\" right. The radio "
-"station thus gets to pirate the value of Madonna's work without paying her "
-"anything."
+"station thus gets to <emphasis>pirate</emphasis> the value of Madonna's work "
+"without paying her anything."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3070
+#: freeculture.xml:3092
msgid ""
"No doubt, one might argue that, on balance, the recording artists "
"benefit. On average, the promotion they get is worth more than the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:3079 freeculture.xml:4092
+#: freeculture.xml:3101 freeculture.xml:4100
msgid "Cable TV"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3082
+#: freeculture.xml:3104
msgid "Cable TV was also born of a kind of piracy."
msgstr ""
#. PAGE BREAK 73
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3085
+#: freeculture.xml:3107
msgid ""
"When cable entrepreneurs first started wiring communities with cable "
"television in 1948, most refused to pay broadcasters for the content that "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:3095
+#: freeculture.xml:3117
msgid "Anello, Douglas"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:3096
+#: freeculture.xml:3118
msgid "Burdick, Quentin"
msgstr ""
#. f13
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3102
+#: freeculture.xml:3124
msgid ""
"Copyright Law Revision—CATV: Hearing on S. 1006 Before the "
"Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee "
#. f14
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3113
+#: freeculture.xml:3135
msgid ""
"Copyright Law Revision—CATV, 116 (statement of Douglas A. Anello, "
"general counsel of the National Association of Broadcasters)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3098
+#: freeculture.xml:3120
msgid ""
"Broadcasters and copyright owners were quick to attack this theft. Rosel "
"Hyde, chairman of the FCC, viewed the practice as a kind of \"unfair and "
#. f15
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:3124
+#: freeculture.xml:3146
msgid ""
"Copyright Law Revision—CATV, 126 (statement of Ernest W. Jennes, "
"general counsel of the Association of Maximum Service Telecasters, Inc.)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:3120
+#: freeculture.xml:3142
msgid ""
"The extraordinary thing about the CATV business is that it is the only "
"business I know of where the product that is being sold is not paid "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3130
+#: freeculture.xml:3152
msgid "Again, the demand of the copyright holders seemed reasonable enough:"
msgstr ""
#. f16
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:3139
+#: freeculture.xml:3161
msgid ""
"Copyright Law Revision—CATV, 169 (joint statement of Arthur B. Krim, "
"president of United Artists Corp., and John Sinn, president of United "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:3134
+#: freeculture.xml:3156
msgid ""
"All we are asking for is a very simple thing, that people who now take our "
"property for nothing pay for it. We are trying to stop piracy and I don't "
#. f17
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3150
+#: freeculture.xml:3172
msgid ""
"Copyright Law Revision—CATV, 209 (statement of Charlton Heston, "
"president of the Screen Actors Guild)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3146
+#: freeculture.xml:3168
msgid ""
"These were \"free-ride[rs],\" Screen Actor's Guild president Charlton Heston "
"said, who were \"depriving actors of compensation.\"<placeholder "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3155
+#: freeculture.xml:3177
msgid ""
"But again, there was another side to the debate. As Assistant Attorney "
"General Edwin Zimmerman put it,"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><indexterm><primary>
-#: freeculture.xml:3171 freeculture.xml:3173
+#: freeculture.xml:3193 freeculture.xml:3195
msgid "Zimmerman, Edwin"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:3169
+#: freeculture.xml:3191
msgid ""
"Copyright Law Revision—CATV, 216 (statement of Edwin M. Zimmerman, "
"acting assistant attorney general). <placeholder type=\"indexterm\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:3160
+#: freeculture.xml:3182
msgid ""
"Our point here is that unlike the problem of whether you have any copyright "
"protection at all, the problem here is whether copyright holders who are "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3177
+#: freeculture.xml:3199
msgid ""
"Copyright owners took the cable companies to court. Twice the Supreme Court "
"held that the cable companies owed the copyright owners nothing."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3181
+#: freeculture.xml:3203
msgid ""
"It took Congress almost thirty years before it resolved the question of "
"whether cable companies had to pay for the content they \"pirated.\" In the "
#. f19
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3198
+#: freeculture.xml:3220
msgid ""
-"See, for example, National Music Publisher's Association, The Engine of Free "
-"Expression: Copyright on the Internet—The Myth of Free Information, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#13</ulink>. \"The threat of piracy—the use of someone else's creative "
-"work without permission or compensation—has grown with the Internet.\""
+"See, for example, National Music Publisher's Association, <citetitle>The "
+"Engine of Free Expression: Copyright on the Internet—The Myth of Free "
+"Information</citetitle>, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #13</ulink>. \"The threat of "
+"piracy—the use of someone else's creative work without permission or "
+"compensation—has grown with the Internet.\""
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3193
+#: freeculture.xml:3215
msgid ""
"These separate stories sing a common theme. If \"piracy\" means using value "
"from someone else's creative property without permission from that "
"creator—as it is increasingly described today<placeholder "
-"type=\"footnote\" id=\"0\"/> — then every industry affected by "
-"copyright today is the product and beneficiary of a certain kind of "
-"piracy. Film, records, radio, cable TV. . . . The list is long and could "
-"well be expanded. Every generation welcomes the pirates from the last. Every "
-"generation—until now."
+"type=\"footnote\" id=\"0\"/> — then <emphasis>every</emphasis> "
+"industry affected by copyright today is the product and beneficiary of a "
+"certain kind of piracy. Film, records, radio, cable TV. . . . The list is "
+"long and could well be expanded. Every generation welcomes the pirates from "
+"the last. Every generation—until now."
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:3215
+#: freeculture.xml:3237
msgid "CHAPTER FIVE: \"Piracy\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:3217
+#: freeculture.xml:3239
msgid ""
"There is piracy of copyrighted material. Lots of it. This piracy comes in "
"many forms. The most significant is commercial piracy, the unauthorized "
#. PAGE BREAK 76
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:3225
+#: freeculture.xml:3247
msgid ""
"But as well as copy-shop piracy, there is another kind of \"taking\" that is "
"more directly related to the Internet. That taking, too, seems wrong to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:3235
+#: freeculture.xml:3257
msgid "Piracy I"
msgstr ""
#. f1
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3243
+#: freeculture.xml:3265
msgid ""
-"See IFPI (International Federation of the Phonographic Industry), The "
-"Recording Industry Commercial Piracy Report 2003, July 2003, available at "
-"<ulink url=\"http://free-culture.cc/notes/\">link #14</ulink>. See also Ben "
-"Hunt, \"Companies Warned on Music Piracy Risk,\" Financial Times, 14 "
-"February 2003, 11."
+"See IFPI (International Federation of the Phonographic Industry), "
+"<citetitle>The Recording Industry Commercial Piracy Report 2003</citetitle>, "
+"July 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
+"#14</ulink>. See also Ben Hunt, \"Companies Warned on Music Piracy Risk,\" "
+"<citetitle>Financial Times</citetitle>, 14 February 2003, 11."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3237
+#: freeculture.xml:3259
msgid ""
"All across the world, but especially in Asia and Eastern Europe, there are "
"businesses that do nothing but take others people's copyrighted content, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3253
+#: freeculture.xml:3275
msgid ""
"This is piracy plain and simple. Nothing in the argument of this book, nor "
"in the argument that most people make when talking about the subject of this "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3259
+#: freeculture.xml:3281
msgid ""
"Which is not to say that excuses and justifications couldn't be made for "
"it. We could, for example, remind ourselves that for the first one hundred "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3268
+#: freeculture.xml:3290
msgid ""
"That excuse isn't terribly strong. Technically, our law did not ban the "
"taking of foreign works. It explicitly limited itself to American "
#. PAGE BREAK 77
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3279
+#: freeculture.xml:3301
msgid ""
"True, these local rules have, in effect, been imposed upon these "
"countries. No country can be part of the world economy and choose not to "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3306 freeculture.xml:12198 freeculture.xml:12627 freeculture.xml:12634
+#: freeculture.xml:3328 freeculture.xml:12172 freeculture.xml:12598 freeculture.xml:12605
msgid "Drahos, Peter"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3292
-msgid ""
-"See Peter Drahos with John Braithwaite, Information Feudalism: Who Owns the "
-"Knowledge Economy? (New York: The New Press, 2003), 10–13, 209. The "
-"Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement "
-"obligates member nations to create administrative and enforcement mechanisms "
-"for intellectual property rights, a costly proposition for developing "
-"countries. Additionally, patent rights may lead to higher prices for staple "
-"industries such as agriculture. Critics of TRIPS question the disparity "
-"between burdens imposed upon developing countries and benefits conferred to "
-"industrialized nations. TRIPS does permit governments to use patents for "
-"public, noncommercial uses without first obtaining the patent holder's "
-"permission. Developing nations may be able to use this to gain the benefits "
-"of foreign patents at lower prices. This is a promising strategy for "
-"developing nations within the TRIPS framework. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+#: freeculture.xml:3314
+msgid ""
+"See Peter Drahos with John Braithwaite, Information Feudalism: "
+"<citetitle>Who Owns the Knowledge Economy?</citetitle> (New York: The New "
+"Press, 2003), 10–13, 209. The Trade-Related Aspects of Intellectual "
+"Property Rights (TRIPS) agreement obligates member nations to create "
+"administrative and enforcement mechanisms for intellectual property rights, "
+"a costly proposition for developing countries. Additionally, patent rights "
+"may lead to higher prices for staple industries such as agriculture. Critics "
+"of TRIPS question the disparity between burdens imposed upon developing "
+"countries and benefits conferred to industrialized nations. TRIPS does "
+"permit governments to use patents for public, noncommercial uses without "
+"first obtaining the patent holder's permission. Developing nations may be "
+"able to use this to gain the benefits of foreign patents at lower "
+"prices. This is a promising strategy for developing nations within the TRIPS "
+"framework. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3287
+#: freeculture.xml:3309
msgid ""
"If a country is to be treated as a sovereign, however, then its laws are its "
"laws regardless of their source. The international law under which these "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3326 freeculture.xml:3582 freeculture.xml:14245
+#: freeculture.xml:3348 freeculture.xml:3604 freeculture.xml:14230
msgid "Liebowitz, Stan"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3319
+#: freeculture.xml:3341
msgid ""
"For an analysis of the economic impact of copying technology, see Stan "
-"Liebowitz, Rethinking the Network Economy (New York: Amacom, 2002), "
-"144–90. \"In some instances . . . the impact of piracy on the "
-"copyright holder's ability to appropriate the value of the work will be "
-"negligible. One obvious instance is the case where the individual engaging "
-"in pirating would not have purchased an original even if pirating were not "
-"an option.\" Ibid., 149. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Liebowitz, <citetitle>Rethinking the Network Economy</citetitle> (New York: "
+"Amacom, 2002), 144–90. \"In some instances . . . the impact of piracy "
+"on the copyright holder's ability to appropriate the value of the work will "
+"be negligible. One obvious instance is the case where the individual "
+"engaging in pirating would not have purchased an original even if pirating "
+"were not an option.\" Ibid., 149. <placeholder type=\"indexterm\" "
+"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3313
+#: freeculture.xml:3335
msgid ""
"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 to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3330
+#: freeculture.xml:3352
msgid ""
"This is often true (though I have friends who have purchased many thousands "
"of pirated DVDs who certainly have enough money to pay for the content they "
#. PAGE BREAK 78
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3343
+#: freeculture.xml:3365
msgid ""
"This argument is still very weak. However, although copyright is a property "
-"right of a very special sort, it is a property right. Like all property "
-"rights, the copyright gives the owner the right to decide the terms under "
-"which content is shared. If the copyright owner doesn't want to sell, she "
-"doesn't have to. There are exceptions: important statutory licenses that "
-"apply to copyrighted content regardless of the wish of the copyright "
-"owner. Those licenses give people the right to \"take\" copyrighted content "
-"whether or not the copyright owner wants to sell. But where the law does not "
-"give people the right to take content, it is wrong to take that content even "
-"if the wrong does no harm. If we have 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 "
-"\"property\" means."
+"right of a very special sort, it <emphasis>is</emphasis> a property "
+"right. Like all property rights, the copyright gives the owner the right to "
+"decide the terms under which content is shared. If the copyright owner "
+"doesn't want to sell, she doesn't have to. There are exceptions: important "
+"statutory licenses that apply to copyrighted content regardless of the wish "
+"of the copyright owner. Those licenses give people the right to \"take\" "
+"copyrighted content whether or not the copyright owner wants to sell. But "
+"where the law does not give people the right to take content, it is wrong to "
+"take that content even if the wrong does no harm. If we have 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 \"property\" means."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:3372
+#: freeculture.xml:3394
msgid "Windows"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3361
+#: freeculture.xml:3383
msgid ""
"Finally, we could try to excuse this piracy with the argument that the "
"piracy actually helps the copyright owner. When the Chinese \"steal\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3375
+#: freeculture.xml:3397
msgid ""
"This argument, too, is somewhat true. The addiction strategy is a good "
"one. Many businesses practice it. Some thrive because of it. Law students, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3383
+#: freeculture.xml:3405
msgid ""
"Still, the argument is not terribly persuasive. We don't give the alcoholic "
"a defense when he steals his first beer, merely because that will make it "
#. PAGE BREAK 79
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3397
+#: freeculture.xml:3419
msgid ""
"Thus, while I understand the pull of these justifications for piracy, and I "
"certainly see the motivation, in my view, in the end, these efforts at "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3407
+#: freeculture.xml:3429
msgid ""
"But as the examples from the four chapters that introduced this part "
"suggest, even if some piracy is plainly wrong, not all \"piracy\" is. Or at "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3416
+#: freeculture.xml:3438
msgid ""
"This doesn't mean that there are no questions raised by the latest piracy "
"concern, peer-to-peer file sharing. But it does mean that we need to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3422
+#: freeculture.xml:3444
msgid ""
"For (1) like the original Hollywood, p2p sharing escapes an overly "
"controlling industry; and (2) like the original recording industry, it "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3428
+#: freeculture.xml:3450
msgid ""
"These differences distinguish p2p sharing from true piracy. They should push "
"us to find a way to protect artists while enabling this sharing to survive."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:3434
+#: freeculture.xml:3456
msgid "Piracy II"
msgstr ""
#. f4
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3439
-msgid "Bach v. Longman, 98 Eng. Rep. 1274 (1777)."
+#: freeculture.xml:3461
+msgid ""
+"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 "
+"Eng. Rep. 1274 (1777)."
msgstr ""
#. PAGE BREAK 80
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3436
+#: freeculture.xml:3458
msgid ""
"The key to the \"piracy\" that the law aims to quash is a use that \"rob[s] "
"the author of [his] profit.\"<placeholder type=\"footnote\" id=\"0\"/> This "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:3461 freeculture.xml:7998
+#: freeculture.xml:3483 freeculture.xml:7980
msgid "Christensen, Clayton M."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3453
-msgid ""
-"See Clayton M. Christensen, The Innovator's Dilemma: The Revolutionary "
-"National Bestseller That Changed the Way We Do Business (New York: "
-"HarperBusiness, 2000). Professor Christensen examines why companies that "
-"give rise to and dominate a product area are frequently unable to come up "
-"with the most creative, paradigm-shifting uses for their own products. This "
-"job usually falls to outside innovators, who reassemble existing technology "
-"in inventive ways. For a discussion of Christensen's ideas, see Lawrence "
-"Lessig, Future, 89–92, 139. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+#: freeculture.xml:3475
+msgid ""
+"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 that give rise to and dominate a product area are "
+"frequently unable to come up with the most creative, paradigm-shifting uses "
+"for their own products. This job usually falls to outside innovators, who "
+"reassemble existing technology in inventive ways. For a discussion of "
+"Christensen's ideas, see Lawrence Lessig, <citetitle>Future</citetitle>, "
+"89–92, 139. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:3464
+#: freeculture.xml:3486
msgid "Fanning, Shawn"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3448
+#: freeculture.xml:3470
msgid ""
"Peer-to-peer sharing was made famous by Napster. But the inventors of the "
"Napster technology had not made any major technological innovations. Like "
#. f6
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3472
+#: freeculture.xml:3494
msgid ""
-"See Carolyn Lochhead, \"Silicon Valley Dream, Hollywood Nightmare,\" San "
-"Francisco Chronicle, 24 September 2002, A1; \"Rock 'n' Roll Suicide,\" New "
-"Scientist, 6 July 2002, 42; Benny Evangelista, \"Napster Names CEO, Secures "
-"New Financing,\" San Francisco Chronicle, 23 May 2003, C1; \"Napster's "
-"Wake-Up Call,\" Economist, 24 June 2000, 23; John Naughton, \"Hollywood at "
-"War with the Internet\" (London) Times, 26 July 2002, 18."
+"See Carolyn Lochhead, \"Silicon Valley Dream, Hollywood Nightmare,\" "
+"<citetitle>San Francisco Chronicle</citetitle>, 24 September 2002, A1; "
+"\"Rock 'n' Roll Suicide,\" <citetitle>New Scientist</citetitle>, 6 July "
+"2002, 42; Benny Evangelista, \"Napster Names CEO, Secures New Financing,\" "
+"<citetitle>San Francisco Chronicle</citetitle>, 23 May 2003, C1; \"Napster's "
+"Wake-Up Call,\" <citetitle>Economist</citetitle>, 24 June 2000, 23; John "
+"Naughton, \"Hollywood at War with the Internet\" (London) "
+"<citetitle>Times</citetitle>, 26 July 2002, 18."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3467
+#: freeculture.xml:3489
msgid ""
"The result was spontaneous combustion. Launched in July 1999, Napster "
"amassed over 10 million users within nine months. After eighteen months, "
#. f7
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3494
+#: freeculture.xml:3516
msgid ""
-"See Ipsos-Insight, TEMPO: Keeping Pace with Online Music Distribution "
-"(September 2002), reporting that 28 percent of Americans aged twelve and "
-"older have downloaded music off of the Internet and 30 percent have listened "
-"to digital music files stored on their computers."
+"See Ipsos-Insight, <citetitle>TEMPO: Keeping Pace with Online Music "
+"Distribution</citetitle> (September 2002), reporting that 28 percent of "
+"Americans aged twelve and older have downloaded music off of the Internet "
+"and 30 percent have listened to digital music files stored on their "
+"computers."
msgstr ""
#. f8
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3503
+#: freeculture.xml:3525
msgid ""
-"Amy Harmon, \"Industry Offers a Carrot in Online Music Fight,\" New York "
-"Times, 6 June 2003, A1."
+"Amy Harmon, \"Industry Offers a Carrot in Online Music Fight,\" "
+"<citetitle>New York Times</citetitle>, 6 June 2003, A1."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3488
+#: freeculture.xml:3510
msgid ""
"According to a number of estimates, a huge proportion of Americans have "
"tasted file-sharing technology. A study by Ipsos-Insight in September 2002 "
"estimated that 60 million Americans had downloaded music—28 percent of "
"Americans older than 12.<placeholder type=\"footnote\" id=\"0\"/> A survey "
-"by the NPD group quoted in The New York Times estimated that 43 million "
-"citizens used file-sharing networks to exchange content in May "
-"2003.<placeholder type=\"footnote\" id=\"1\"/> The vast majority of these "
-"are not kids. Whatever the actual figure, a massive quantity of content is "
-"being \"taken\" on these networks. The ease and inexpensiveness of "
-"file-sharing networks have inspired millions to enjoy music in a way that "
-"they hadn't before."
+"by the NPD group quoted in <citetitle>The New York Times</citetitle> "
+"estimated that 43 million citizens used file-sharing networks to exchange "
+"content in May 2003.<placeholder type=\"footnote\" id=\"1\"/> The vast "
+"majority of these are not kids. Whatever the actual figure, a massive "
+"quantity of content is being \"taken\" on these networks. The ease and "
+"inexpensiveness of file-sharing networks have inspired millions to enjoy "
+"music in a way that they hadn't before."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3512
+#: freeculture.xml:3534
msgid ""
"Some of this enjoying involves copyright infringement. Some of it does "
"not. And even among the part that is technically copyright infringement, "
#. PAGE BREAK 81
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3522
+#: freeculture.xml:3544
msgid ""
"File sharers share different kinds of content. We can divide these different "
"kinds into four types."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:3528
+#: freeculture.xml:3550
msgid ""
"There are some who use sharing networks as substitutes for purchasing "
"content. Thus, when a new Madonna CD is released, rather than buying the CD, "
#. B.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:3539
+#: freeculture.xml:3561
msgid ""
"There are some who use sharing networks to sample music before purchasing "
"it. Thus, a friend sends another friend an MP3 of an artist he's not heard "
#. C.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:3550
+#: freeculture.xml:3572
msgid ""
"There are many who use sharing networks to get access to copyrighted content "
"that is no longer sold or that they would not have purchased because the "
#. PAGE BREAK 82
#. D.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:3567
+#: freeculture.xml:3589
msgid ""
"Finally, there are many who use sharing networks to get access to content "
"that is not copyrighted or that the copyright owner wants to give away."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3573
+#: freeculture.xml:3595
msgid "How do these different types of sharing balance out?"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3581
+#: freeculture.xml:3603
msgid ""
-"See Liebowitz, Rethinking the Network Economy,148–49. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"See Liebowitz, <citetitle>Rethinking the Network Economy</citetitle>, "
+"148–49. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3576
+#: freeculture.xml:3598
msgid ""
"Let's start with some simple but important points. From the perspective of "
"the law, only type D sharing is clearly legal. From the perspective of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3592
+#: freeculture.xml:3614
msgid ""
"Whether on balance sharing is harmful depends importantly on how harmful "
"type A sharing is. Just as Edison complained about Hollywood, composers "
#. f10
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3607
+#: freeculture.xml:3629
msgid ""
-"See Cap Gemini Ernst & Young, Technology Evolution and the Music "
-"Industry's Business Model Crisis (2003), 3. This report describes the music "
-"industry's effort to stigmatize the budding practice of cassette taping in "
-"the 1970s, including an advertising campaign featuring a cassette-shape "
-"skull and the caption \"Home taping is killing music.\" At the time digital "
-"audio tape became a threat, the Office of Technical Assessment conducted a "
-"survey of consumer behavior. In 1988, 40 percent of consumers older than ten "
-"had taped music to a cassette format. U.S. Congress, Office of Technology "
-"Assessment, Copyright and Home Copying: Technology Challenges the Law, "
-"OTA-CIT-422 (Washington, D.C.: U.S. Government Printing Office, October "
-"1989), 145–56."
+"See Cap Gemini Ernst & 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 practice of "
+"cassette taping in the 1970s, including an advertising campaign featuring a "
+"cassette-shape skull and the caption \"Home taping is killing music.\" At "
+"the time digital audio tape became a threat, the Office of Technical "
+"Assessment conducted a survey of consumer behavior. In 1988, 40 percent of "
+"consumers older than ten had taped music to a cassette format. U.S. "
+"Congress, Office of Technology Assessment, <citetitle>Copyright and Home "
+"Copying: Technology Challenges the Law</citetitle>, OTA-CIT-422 (Washington, "
+"D.C.: U.S. Government Printing Office, October 1989), 145–56."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3600
+#: freeculture.xml:3622
msgid ""
"While the numbers do suggest that sharing is harmful, how harmful is harder "
"to reckon. It has long been the recording industry's practice to blame "
#. f11
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3633
-msgid "U.S. Congress, Copyright and Home Copying, 4."
+#: freeculture.xml:3655
+msgid "U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3625
+#: freeculture.xml:3647
msgid ""
"Yet soon thereafter, and before Congress was given an opportunity to enact "
"regulation, MTV was launched, and the industry had a record turnaround. \"In "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3637
+#: freeculture.xml:3659
msgid ""
"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 the industry "
"in particular, and society in general—or at least the society that "
"inherits the tradition that gave us the film industry, the record industry, "
"the radio industry, cable TV, and the VCR—the question is not simply "
-"whether type A sharing is harmful. The question is also how harmful type A "
-"sharing is, and how beneficial the other types of sharing are."
+"whether type A sharing is harmful. The question is also "
+"<emphasis>how</emphasis> harmful type A sharing is, and how beneficial the "
+"other types of sharing are."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3647
+#: freeculture.xml:3669
msgid ""
"We start to answer this question by focusing on the net harm, from the "
"standpoint of the industry as a whole, that sharing networks cause. The "
"sharing exceeds type B. If the record companies sold more records through "
"sampling than they lost through substitution, then sharing networks would "
"actually benefit music companies on balance. They would therefore have "
-"little static reason to resist them."
+"little <emphasis>static</emphasis> reason to resist them."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3656
+#: freeculture.xml:3680
msgid ""
"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 actually suggest "
#. f12
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3666
-msgid ""
-"See Recording Industry Association of America, 2002 Yearend Statistics, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#15</ulink>. A later report indicates even greater losses. See Recording "
-"Industry Association of America, Some Facts About Music Piracy, 25 June "
-"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#16</ulink>: \"In the past four years, unit shipments of recorded music have "
-"fallen by 26 percent from 1.16 billion units in to 860 million units in 2002 "
-"in the United States (based on units shipped). In terms of sales, revenues "
-"are down 14 percent, from $14.6 billion in to $12.6 billion last year (based "
-"on U.S. dollar value of shipments). The music industry worldwide has gone "
-"from a $39 billion industry in 2000 down to a $32 billion industry in 2002 "
-"(based on U.S. dollar value of shipments).\""
+#: freeculture.xml:3689
+msgid ""
+"See Recording Industry Association of America, <citetitle>2002 Yearend "
+"Statistics</citetitle>, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #15</ulink>. A later report "
+"indicates even greater losses. See Recording Industry Association of "
+"America, <citetitle>Some Facts About Music Piracy</citetitle>, 25 June 2003, "
+"available at <ulink url=\"http://free-culture.cc/notes/\">link #16</ulink>: "
+"\"In the past four years, unit shipments of recorded music have fallen by 26 "
+"percent from 1.16 billion units in to 860 million units in 2002 in the "
+"United States (based on units shipped). In terms of sales, revenues are "
+"down 14 percent, from $14.6 billion in to $12.6 billion last year (based on "
+"U.S. dollar value of shipments). The music industry worldwide has gone from "
+"a $39 billion industry in 2000 down to a $32 billion industry in 2002 (based "
+"on U.S. dollar value of shipments).\""
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3693
+#: freeculture.xml:3716
msgid "Black, Jane"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3690
+#: freeculture.xml:3713
msgid ""
"Jane Black, \"Big Music's Broken Record,\" BusinessWeek online, 13 February "
"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3662
+#: freeculture.xml:3685
msgid ""
"In 2002, the RIAA reported that CD sales had fallen by 8.9 percent, from 882 "
"million to 803 million units; revenues fell 6.7 percent.<placeholder "
"prices could account for at least some of the loss. \"From 1999 to 2001, the "
"average price of a CD rose 7.2 percent, from $13.04 to $14.19.\"<placeholder "
"type=\"footnote\" id=\"1\"/> Competition from other forms of media could "
-"also account for some of the decline. As Jane Black of BusinessWeek notes, "
-"\"The soundtrack to the film High Fidelity has a list price of $18.98. You "
-"could get the whole movie [on DVD] for $19.99.\"<placeholder "
-"type=\"footnote\" id=\"2\"/>"
+"also account for some of the decline. As Jane Black of "
+"<citetitle>BusinessWeek</citetitle> notes, \"The soundtrack to the film "
+"<citetitle>High Fidelity</citetitle> has a list price of $18.98. You could "
+"get the whole movie [on DVD] for $19.99.\"<placeholder type=\"footnote\" "
+"id=\"2\"/>"
msgstr ""
#. PAGE BREAK 84
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3707
+#: freeculture.xml:3731
msgid ""
"But let's assume the RIAA is right, and all of the decline in CD sales is "
"because of Internet sharing. Here's the rub: In the same period that the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3716
+#: freeculture.xml:3739
msgid ""
"There are too many different things happening at the same time to explain "
"these numbers definitively, but one conclusion is unavoidable: The recording "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3734
+#: freeculture.xml:3754
msgid ""
"These are the harms—alleged and perhaps exaggerated but, let's assume, "
"real. What of the benefits? File sharing may impose costs on the recording "
#. f15
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3747
+#: freeculture.xml:3766
msgid ""
"By one estimate, 75 percent of the music released by the major labels is no "
"longer in print. See Online Entertainment and Copyright Law—Coming "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3741
+#: freeculture.xml:3760
msgid ""
"One benefit is type C sharing—making available content that is "
"technically still under copyright but is no longer commercially available. "
"available because the artist producing the content doesn't want it to be "
"made available, the vast majority of it is unavailable solely because the "
"publisher or the distributor has decided it no longer makes economic sense "
-"to the company to make it available."
+"<emphasis>to the company</emphasis> to make it available."
msgstr ""
#. f16
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3772
+#: freeculture.xml:3786
msgid ""
"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, The Quiet "
-"Revolution: The Expansion of the Used Book Market (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, \"2002 Annual Survey Results,\" available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #20</ulink>."
+"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, \"2002 Annual Survey "
+"Results,\" available at <ulink url=\"http://free-culture.cc/notes/\">link "
+"#20</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3766
+#: freeculture.xml:3780
msgid ""
"In real space—long before the Internet—the market had a simple "
"response to this problem: used book and record stores. There are thousands "
"of used book and used record stores in America today.<placeholder "
"type=\"footnote\" id=\"0\"/> These stores buy content from owners, then sell "
"the content they buy. And under American copyright law, when they buy and "
-"sell this content, even if the content is still under copyright, the "
-"copyright owner doesn't get a dime. Used book and record stores are "
-"commercial entities; their owners make money from the content they sell; but "
-"as with cable companies before statutory licensing, they don't have to pay "
-"the copyright owner for the content they sell."
+"sell this content, <emphasis>even if the content is still under "
+"copyright</emphasis>, the copyright owner doesn't get a dime. Used book and "
+"record stores are commercial entities; their owners make money from the "
+"content they sell; but as with cable companies before statutory licensing, "
+"they don't have to pay the copyright owner for the content they sell."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:3793
+#: freeculture.xml:3806
msgid "Bernstein, Leonard"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3795
+#: freeculture.xml:3808
msgid ""
"Type C sharing, then, is very much like used book stores or used record "
"stores. It is different, of course, because the person making the content "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3808
+#: freeculture.xml:3821
msgid ""
"It may well be, all things considered, that it would be better if the "
"copyright owner got something from this trade. But just because it may well "
#. PAGE BREAK 86
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3816
+#: freeculture.xml:3829
msgid ""
"Finally, and perhaps most importantly, file-sharing networks enable type D "
"sharing to occur—the sharing of content that copyright owners want to "
"have shared or for which there is no continuing copyright. This sharing "
"clearly benefits authors and society. Science fiction author Cory Doctorow, "
-"for example, released his first novel, Down and Out in the Magic Kingdom, "
-"both free on-line and in bookstores on the same day. His (and his "
-"publisher's) thinking was that the on-line distribution would be a great "
-"advertisement for the \"real\" book. People would read part on-line, and "
-"then decide whether they liked the book or not. If they liked it, they would "
-"be more likely to buy it. Doctorow's content is 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!)"
+"for example, released his first novel, <citetitle>Down and Out in the Magic "
+"Kingdom</citetitle>, both free on-line and in bookstores on the same "
+"day. His (and his publisher's) thinking was that the on-line distribution "
+"would be a great advertisement for the \"real\" book. People would read part "
+"on-line, and then decide whether they liked the book or not. If they liked "
+"it, they would be more likely to buy it. Doctorow's content is 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!)"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3833
+#: freeculture.xml:3846
msgid ""
"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 of type A "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3839
+#: freeculture.xml:3852
msgid ""
"The point throughout is this: While the recording industry understandably "
"says, \"This is how much we've lost,\" we must also ask, \"How much has "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3846
+#: freeculture.xml:3859
msgid ""
"For unlike the piracy I described in the first section of this chapter, much "
"of the \"piracy\" that file sharing enables is plainly legal and good. And "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3859
+#: freeculture.xml:3872
msgid ""
"\"But isn't the war just a war against illegal sharing? Isn't the target "
"just what you call type A sharing?\""
#. f17
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3876
+#: freeculture.xml:3889
msgid ""
"See Transcript of Proceedings, In Re: Napster Copyright Litigation at 34- 35 "
"(N.D. Cal., 11 July 2001), nos. MDL-00-1369 MHP, C 99-5183 MHP, available at "
"<ulink url=\"http://free-culture.cc/notes/\">link #21</ulink>. For an "
-"account of the litigation and its toll on Napster, see Joseph Menn, All the "
-"Rave: The Rise and Fall of Shawn Fanning's Napster (New York: Crown "
-"Business, 2003), 269–82."
+"account of the litigation and its toll on Napster, see Joseph Menn, "
+"<citetitle>All the Rave: The Rise and Fall of Shawn Fanning's "
+"Napster</citetitle> (New York: Crown Business, 2003), 269–82."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3863
+#: freeculture.xml:3876
msgid ""
"You would think. And we should hope. But so far, it is not. The effect of "
"the war purportedly on type A sharing alone has been felt far beyond that "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3886
+#: freeculture.xml:3900
msgid ""
"If 99.4 percent is not good enough, then this is a war on file-sharing "
"technologies, not a war on copyright infringement. There is no way to assure "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3897
+#: freeculture.xml:3911
msgid ""
"Zero tolerance has not been our history. It has not produced the content "
"industry that we know today. The history of American law has been a process "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3908
+#: freeculture.xml:3920
msgid ""
"So, as we've seen, when \"mechanical reproduction\" threatened the interests "
"of composers, Congress balanced the rights of composers against the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3921
+#: freeculture.xml:3932
msgid ""
"Cable TV followed the pattern of record albums. When the courts rejected the "
"claim that cable broadcasters had to pay for the content they rebroadcast, "
#. PAGE BREAK 88
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3931
+#: freeculture.xml:3942
msgid ""
"This compromise, like the compromise affecting records and player pianos, "
"served two important goals—indeed, the two central goals of any "
"holders associated with broadcasters would use their power to stifle this "
"new technology, cable. But if Congress had permitted cable to use "
"broadcasters' content for free, then it would have unfairly subsidized "
-"cable. Thus Congress chose a path that would assure compensation without "
-"giving the past (broadcasters) control over the future (cable)."
+"cable. Thus Congress chose a path that would assure "
+"<emphasis>compensation</emphasis> without giving the past (broadcasters) "
+"control over the future (cable)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:3949
+#: freeculture.xml:3957
msgid "Betamax"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3951
+#: freeculture.xml:3959
msgid ""
"In the same year that Congress struck this balance, two major producers and "
"distributors of film content filed a lawsuit against another technology, the "
#. PAGE BREAK 89
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3964
+#: freeculture.xml:3972
msgid ""
"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 shows. It "
#. f18
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3986
+#: freeculture.xml:3994
msgid ""
"Copyright Infringements (Audio and Video Recorders): Hearing on S. 1758 "
"Before the Senate Committee on the Judiciary, 97th Cong., 1st and 2nd sess., "
#. f19
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:3998
+#: freeculture.xml:4006
msgid "Copyright Infringements (Audio and Video Recorders), 475."
msgstr ""
#. f20
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:4003
+#: freeculture.xml:4011
msgid ""
-"Universal City Studios, Inc. v. Sony Corp. of America, 480 F. Supp. 429, "
-"(C.D. Cal., 1979)."
+"<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony "
+"Corp. of America</citetitle>, 480 F. Supp. 429, (C.D. Cal., 1979)."
msgstr ""
#. f21
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:4014
+#: freeculture.xml:4022
msgid ""
"Copyright Infringements (Audio and Video Recorders), 485 (testimony of Jack "
"Valenti)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:3979
+#: freeculture.xml:3987
msgid ""
"MPAA president Jack Valenti became the studios' most vocal champion. Valenti "
"called VCRs \"tapeworms.\" He warned, \"When there are 20, 30, 40 million of "
#. f22
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:4030
+#: freeculture.xml:4039
msgid ""
-"Universal City Studios, Inc. v. Sony Corp. of America, 659 F. 2d 963 (9th "
-"Cir. 1981)."
+"<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony "
+"Corp. of America</citetitle>, 659 F. 2d 963 (9th Cir. 1981)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4019
+#: freeculture.xml:4027
msgid ""
"It took eight years for this case to be resolved by the Supreme Court. In "
"the interim, the Ninth Circuit Court of Appeals, which includes Hollywood in "
"liable for the copyright infringement made possible by its machines. Under "
"the Ninth Circuit's rule, this totally familiar technology—which Jack "
"Valenti had called \"the Boston Strangler of the American film industry\" "
-"(worse yet, it was a Japanese Boston Strangler of the American film "
-"industry)—was an illegal technology.<placeholder type=\"footnote\" "
-"id=\"0\"/>"
+"(worse yet, it was a <emphasis>Japanese</emphasis> Boston Strangler of the "
+"American film industry)—was an illegal technology.<placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 90
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4035
+#: freeculture.xml:4044
msgid ""
"But the Supreme Court reversed the decision of the Ninth Circuit. And in "
"its reversal, the Court clearly articulated its understanding of when and "
#. f23
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:4054
+#: freeculture.xml:4063
msgid ""
-"Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 431 "
-"(1984)."
+"<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City "
+"Studios, Inc</citetitle>., 464 U.S. 417, 431 (1984)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:4044
+#: freeculture.xml:4053
msgid ""
"Sound policy, as well as history, supports our consistent deference to "
"Congress when major technological innovations alter the market for "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4059
+#: freeculture.xml:4068
msgid ""
"Congress was asked to respond to the Supreme Court's decision. But as with "
"the plea of recording artists about radio broadcasts, Congress ignored the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><title>
-#: freeculture.xml:4068
+#: freeculture.xml:4076
msgid "Table"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry>
-#: freeculture.xml:4072
+#: freeculture.xml:4080
msgid "CASE"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry>
-#: freeculture.xml:4073
+#: freeculture.xml:4081
msgid "WHOSE VALUE WAS \"PIRATED\""
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry>
-#: freeculture.xml:4074
+#: freeculture.xml:4082
msgid "RESPONSE OF THE COURTS"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry>
-#: freeculture.xml:4075
+#: freeculture.xml:4083
msgid "RESPONSE OF CONGRESS"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4080
+#: freeculture.xml:4088
msgid "Recordings"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4081
+#: freeculture.xml:4089
msgid "Composers"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4082 freeculture.xml:4094 freeculture.xml:4100
+#: freeculture.xml:4090 freeculture.xml:4102 freeculture.xml:4108
msgid "No protection"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4083 freeculture.xml:4095
+#: freeculture.xml:4091 freeculture.xml:4103
msgid "Statutory license"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4087
+#: freeculture.xml:4095
msgid "Recording artists"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4088
+#: freeculture.xml:4096
msgid "N/A"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4089 freeculture.xml:4101
+#: freeculture.xml:4097 freeculture.xml:4109
msgid "Nothing"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4093
+#: freeculture.xml:4101
msgid "Broadcasters"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4098
+#: freeculture.xml:4106
msgid "VCR"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:4099
+#: freeculture.xml:4107
msgid "Film creators"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:4111
+#: freeculture.xml:4119
msgid ""
"These are the most important instances in our history, but there are other "
"cases as well. The technology of digital audio tape (DAT), for example, was "
"regulated by Congress to minimize the risk of piracy. The remedy Congress "
"imposed did burden DAT producers, by taxing tape sales and controlling the "
"technology of DAT. See Audio Home Recording Act of 1992 (Title 17 of the "
-"United States Code), Pub. L. No. 102-563, 106 Stat. 4237, codified at 17 "
-"U.S.C. §1001. Again, however, this regulation did not eliminate the "
-"opportunity for free riding in the sense I've described. See Lessig, Future, "
-"71. See also Picker, \"From Edison to the Broadcast Flag,\" University of "
-"Chicago Law Review 70 (2003): 293–96. <placeholder type=\"indexterm\" "
+"<citetitle>United States Code</citetitle>), Pub. L. No. 102-563, 106 Stat. "
+"4237, codified at 17 U.S.C. §1001. Again, however, this regulation did not "
+"eliminate the opportunity for free riding in the sense I've described. See "
+"Lessig, <citetitle>Future</citetitle>, 71. See also Picker, \"From Edison to "
+"the Broadcast Flag,\" <citetitle>University of Chicago Law "
+"Review</citetitle> 70 (2003): 293–96. <placeholder type=\"indexterm\" "
"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4108
+#: freeculture.xml:4116
msgid ""
"In each case throughout our history, a new technology changed the way "
"content was distributed.<placeholder type=\"footnote\" id=\"0\"/> In each "
#. PAGE BREAK 91
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4128
+#: freeculture.xml:4136
msgid ""
-"In none of these cases did either the courts or Congress eliminate all free "
-"riding. In none of these cases did the courts or Congress insist that the "
-"law should assure that the copyright holder get all the value that his "
-"copyright created. In every case, the copyright owners complained of "
-"\"piracy.\" In every case, Congress acted to recognize some of the "
-"legitimacy in the behavior of the \"pirates.\" In each case, Congress "
-"allowed some new technology to benefit from content made before. It balanced "
-"the interests at stake."
+"In <emphasis>none</emphasis> of these cases did either the courts or "
+"Congress eliminate all free riding. In <emphasis>none</emphasis> of these "
+"cases did the courts or Congress insist that the law should assure that the "
+"copyright holder get all the value that his copyright created. In every "
+"case, the copyright owners complained of \"piracy.\" In every case, Congress "
+"acted to recognize some of the legitimacy in the behavior of the "
+"\"pirates.\" In each case, Congress allowed some new technology to benefit "
+"from content made before. It balanced the interests at stake."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4140
+#: freeculture.xml:4148
msgid ""
"When you think across these examples, and the other examples that make up "
"the first four chapters of this section, this balance makes sense. Was Walt "
#. f25
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:4157
-msgid "Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, (1984)."
+#: freeculture.xml:4165
+msgid ""
+"<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City "
+"Studios, Inc</citetitle>., 464 U.S. 417, (1984)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4152
+#: freeculture.xml:4160
msgid ""
"We could answer yes to each of these questions, but our tradition has "
"answered no. In our tradition, as the Supreme Court has stated, copyright "
"uses of his work.\"<placeholder type=\"footnote\" id=\"0\"/> Instead, the "
"particular uses that the law regulates have been defined by balancing the "
"good that comes from granting an exclusive right against the burdens such an "
-"exclusive right creates. And this balancing has historically been done after "
-"a technology has matured, or settled into the mix of technologies that "
-"facilitate the distribution of content."
+"exclusive right creates. And this balancing has historically been done "
+"<emphasis>after</emphasis> a technology has matured, or settled into the mix "
+"of technologies that facilitate the distribution of content."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4169
+#: freeculture.xml:4176
msgid ""
"We should be doing the same thing today. The technology of the Internet is "
"changing quickly. The way people connect to the Internet (wires "
#. f26
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:4196
+#: freeculture.xml:4200
msgid ""
"John Schwartz, \"New Economy: The Attack on Peer-to-Peer Software Echoes "
-"Past Efforts,\" New York Times, 22 September 2003, C3."
+"Past Efforts,\" <citetitle>New York Times</citetitle>, 22 September 2003, "
+"C3."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4186
+#: freeculture.xml:4192
msgid ""
"This is especially true when a new technology enables a vastly superior mode "
"of distribution. And this p2p has done. P2p technologies can be ideally "
"efficient in moving content across a widely diverse network. Left to "
"develop, they could make the network vastly more efficient. Yet these "
-"\"potential public benefits,\" as John Schwartz writes in The New York "
-"Times, \"could be delayed in the P2P fight.\"<placeholder type=\"footnote\" "
-"id=\"0\"/> Yet when anyone begins to talk about \"balance,\" the copyright "
-"warriors raise a different argument. \"All this hand waving about balance "
-"and incentives,\" they say, \"misses a fundamental point. Our content,\" the "
-"warriors insist, \"is our property. Why should we wait for Congress to "
+"\"potential public benefits,\" as John Schwartz writes in <citetitle>The New "
+"York Times</citetitle>, \"could be delayed in the P2P fight.\"<placeholder "
+"type=\"footnote\" id=\"0\"/> Yet when anyone begins to talk about "
+"\"balance,\" the copyright warriors raise a different argument. \"All this "
+"hand waving about balance and incentives,\" they say, \"misses a fundamental "
+"point. Our content,\" the warriors insist, \"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:4210
+#: freeculture.xml:4214
msgid ""
-"\"It is our property,\" the warriors insist. \"And it should be protected "
-"just as any other property is protected.\""
+"\"It is <emphasis>our property</emphasis>,\" the warriors insist. \"And it "
+"should be protected just as any other property is protected.\""
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:4218
+#: freeculture.xml:4222
msgid "\"PROPERTY\""
msgstr ""
#. PAGE BREAK 94
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:4222
+#: freeculture.xml:4226
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:4229
+#: freeculture.xml:4233
msgid ""
"But in ordinary language, to call a copyright a \"property\" right is a bit "
"misleading, for the property of copyright is an odd kind of property. "
"Indeed, the very idea of property in any idea or any expression is very "
"odd. I understand what I am taking when I take the picnic table you put in "
"your backyard. I am taking a thing, the picnic table, and after I take it, "
-"you don't have it. But what am I taking when I take the good idea you had to "
-"put a picnic table in the backyard—by, for example, going to Sears, "
-"buying a table, and putting it in my backyard? What is the thing I am taking "
-"then?"
+"you don't have it. But what am I taking when I take the good "
+"<emphasis>idea</emphasis> you had to put a picnic table in the "
+"backyard—by, for example, going to Sears, buying a table, and putting "
+"it in my backyard? What is the thing I am taking then?"
msgstr ""
#. f1
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:4254
+#: freeculture.xml:4258
msgid ""
-"Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in The "
-"Writings of Thomas Jefferson, vol. 6 (Andrew A. Lipscomb and Albert Ellery "
-"Bergh, eds., 1903), 330, 333–34."
+"Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in "
+"<citetitle>The Writings of Thomas Jefferson</citetitle>, vol. 6 (Andrew "
+"A. Lipscomb and Albert Ellery Bergh, eds., 1903), 330, 333–34."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:4241
+#: freeculture.xml:4245
msgid ""
"The point is not just about the thingness of picnic tables versus ideas, "
"though that's an important difference. The point instead is that in the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:4260
+#: freeculture.xml:4264
msgid ""
"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 I won't discuss "
#. f2
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:4275
+#: freeculture.xml:4277
msgid ""
"As the legal realists taught American law, all property rights are "
"intangible. A property right is simply a right that an individual has "
"against the world to do or not do certain things that may or may not attach "
"to a physical object. The right itself is intangible, even if the object to "
"which it is (metaphorically) attached is tangible. See Adam Mossoff, \"What "
-"Is Property? Putting the Pieces Back Together,\" Arizona Law Review 45 "
-"(2003): 373, 429 n. 241."
+"Is Property? Putting the Pieces Back Together,\" <citetitle>Arizona Law "
+"Review</citetitle> 45 (2003): 373, 429 n. 241."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:4268
+#: freeculture.xml:4272
msgid ""
"But how, and to what extent, and in what form—the details, in other "
"words—matter. To get a good sense of how this practice of turning the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:4288
+#: freeculture.xml:4287
msgid ""
"My strategy in doing this will be the same as my strategy in the preceding "
"part. I offer four stories to help put the idea of \"copyright material is "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:4302
+#: freeculture.xml:4299
msgid "CHAPTER SIX: Founders"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4304
+#: freeculture.xml:4301
msgid ""
-"William Shakespeare wrote Romeo and Juliet 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: \"I liked it, but "
-"Shakespeare is so full of clichés.\""
+"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: \"I "
+"liked it, but Shakespeare is so full of clichés.\""
msgstr ""
#. f1
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4320
+#: freeculture.xml:4316
msgid ""
"Jacob Tonson is typically remembered for his associations with prominent "
"eighteenth-century literary figures, especially John Dryden, and for his "
-"handsome \"definitive editions\" of classic works. In addition to Romeo and "
-"Juliet, he published an astonishing array of works that still remain at the "
-"heart of the English canon, including collected works of Shakespeare, Ben "
-"Jonson, John Milton, and John Dryden. See Keith Walker, \"Jacob Tonson, "
-"Bookseller,\" American Scholar 61:3 (1992): 424–31."
+"handsome \"definitive editions\" of classic works. In addition to "
+"<citetitle>Romeo and Juliet</citetitle>, he published an astonishing array "
+"of works that still remain at the heart of the English canon, including "
+"collected works of Shakespeare, Ben Jonson, John Milton, and John "
+"Dryden. See Keith Walker, \"Jacob Tonson, Bookseller,\" <citetitle>American "
+"Scholar</citetitle> 61:3 (1992): 424–31."
msgstr ""
#. f2
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4331
+#: freeculture.xml:4327
msgid ""
-"Lyman Ray Patterson, Copyright in Historical Perspective (Nashville: "
-"Vanderbilt University Press, 1968), 151–52."
+"Lyman Ray Patterson, <citetitle>Copyright in Historical "
+"Perspective</citetitle> (Nashville: Vanderbilt University Press, 1968), "
+"151–52."
msgstr ""
#. PAGE BREAK 97
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4316
+#: freeculture.xml:4312
msgid ""
-"In 1774, almost 180 years after Romeo and Juliet was written, the "
-"\"copy-right\" for the work was still thought by many to be the exclusive "
-"right of a single London publisher, Jacob Tonson.<placeholder "
+"In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was "
+"written, the \"copy-right\" for the work was still thought by many to be the "
+"
exclusive right of a single London publisher, Jacob Tonson.<placeholder "
"type=\"footnote\" id=\"0\"/> Tonson was the most prominent of a small group "
"of publishers called the Conger<placeholder type=\"footnote\" id=\"1\"/> who "
"controlled bookselling in England during the eighteenth century. The Conger "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4353
+#: freeculture.xml:4349
msgid ""
"As Siva Vaidhyanathan nicely argues, it is erroneous to call this a "
-"\"copyright law.\" See Vaidhyanathan, Copyrights and Copywrongs, 40. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"\"copyright law.\" See Vaidhyanathan, <citetitle>Copyrights and "
+"
Copywrongs</citetitle>, 40. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4344
+#: freeculture.xml:4340
msgid ""
"Now, there's something puzzling about the year 1774 to anyone who knows a "
"little about copyright law. The better-known year in the history of "
"published works would get a copyright term of 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.<placeholder "
-"type=\"footnote\" id=\"0\"/> Under this law, Romeo and Juliet should have "
-"been free in 1731. So why was there any issue about it still being under "
-"Tonson's control in 1774?"
+"type=\"footnote\" id=\"0\"/> 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?"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4361
+#: freeculture.xml:4357
msgid ""
"The reason is that the English hadn't yet agreed on what a \"copyright\" "
"was—indeed, no one had. At the time the English passed the Statute of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4372
+#: freeculture.xml:4368
msgid ""
-"There was no positive law, but that didn't mean that there was no law. The "
-"Anglo-American legal tradition looks to both the words of legislatures and "
-"the words of judges to know the rules that are to govern how people are to "
-"behave. We call the words from legislatures \"positive law.\" We call the "
-"words from judges \"common law.\" The common law sets the background against "
-"which legislatures legislate; the legislature, ordinarily, can trump that "
-"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."
+"There was no <emphasis>positive</emphasis> law, but that didn't mean that "
+"there was no law. The Anglo-American legal tradition looks to both the words "
+"of legislatures and the words of judges to know the rules that are to govern "
+"how people are to behave. We call the words from legislatures \"positive "
+"law.\" We call the words from judges \"common law.\" The common law sets the "
+"background against which legislatures legislate; the legislature, "
+"ordinarily, can trump that 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."
msgstr ""
#. PAGE BREAK 98
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4389
+#: freeculture.xml:4380
msgid ""
"This question was important to the publishers, or \"booksellers,\" as they "
"were called, because there was growing competition from foreign "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4401
+#: freeculture.xml:4392
msgid ""
"The Statute of Anne granted the author or \"proprietor\" of a book an "
"exclusive right to print that book. In an important limitation, however, and "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4411
+#: freeculture.xml:4401
msgid ""
"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 at all?"
+"limit they set, but why would they limit the right <emphasis>at "
+"all?</emphasis>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4416
+#: freeculture.xml:4407
msgid ""
"For the booksellers, and the authors whom they represented, had a very "
-"strong claim. Take Romeo and Juliet as an example: That play was written by "
-"Shakespeare. It was his genius that brought it into the world. He didn't "
-"take anybody's property when he created this play (that's a controversial "
-"claim, but never mind), and by his creating this play, he didn't make it any "
-"harder for others to craft a play. So 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 "
-"\"steal\" Shakespeare's work?"
+"strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: "
+"That play was written by Shakespeare. It was his genius that brought it into "
+"the world. He didn't take anybody's property when he created this play "
+"(that's a controversial claim, but never mind), and by his creating this "
+"play, he didn't make it any harder for others to craft a play. So 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 \"steal\" Shakespeare's work?"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4428
+#: freeculture.xml:4418
msgid ""
"The answer comes in two parts. We first need to see something special about "
"the notion of \"copyright\" that existed at the time of the Statute of "
#. PAGE BREAK 99
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4435
+#: freeculture.xml:4424
msgid ""
"First, about copyright. In the last three hundred years, we have come to "
"apply the concept of \"copyright\" ever more broadly. But in 1710, it wasn't "
"as a very specific set of restrictions: It forbade others from reprinting a "
"book. In 1710, the \"copy-right\" was a right to use a particular machine to "
"replicate a particular work. It did not go beyond that very narrow right. It "
-"did not control any more generally how a work could be used. Today the right "
-"includes a 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."
+"did not control any more generally how a work could be "
+"<emphasis>used</emphasis>. Today the right includes a 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4452
+#: freeculture.xml:4439
msgid ""
"So, for example, even if the copyright to Shakespeare's works were "
"perpetual, all that would have meant under the original meaning of the term "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4464
+#: freeculture.xml:4451
msgid ""
"Even that limited right was viewed with skepticism by the British. They had "
"had a long and ugly experience with \"exclusive rights,\" especially "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4480
+#: freeculture.xml:4467
msgid ""
"Thus the \"copy-right,\" when viewed as a monopoly right, was naturally "
"viewed as a right that should be limited. (However convincing the claim that "
#. f4
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4504
+#: freeculture.xml:4493
msgid ""
-"Philip Wittenberg, The Protection and Marketing of Literary Property (New "
-"York: J. Messner, Inc., 1937), 31."
+"Philip Wittenberg, <citetitle>The Protection and Marketing of Literary "
+"Property</citetitle> (New York: J. Messner, Inc., 1937), 31."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4491
+#: freeculture.xml:4478
msgid ""
"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. "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4509
+#: freeculture.xml:4498
msgid ""
"Many believed the power the booksellers exercised over the spread of "
"knowledge was harming that spread, just at the time the Enlightenment was "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4518
+#: freeculture.xml:4506
msgid ""
"To balance this power, Parliament decided to increase competition among "
"booksellers, and the simplest way to do that was to spread the wealth of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4530
+#: freeculture.xml:4518
msgid ""
"When 1731 (1710 + 21) came along, however, the booksellers were getting "
"anxious. They saw the consequences of more competition, and like every "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4539
+#: freeculture.xml:4527
msgid ""
"Parliament rejected their requests. As one pamphleteer put it, in words that "
"echo today,"
#. f5
#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para>
-#: freeculture.xml:4554
+#: freeculture.xml:4542
msgid ""
"A Letter to a Member of Parliament concerning the Bill now depending in the "
"House of Commons, for making more effectual an Act in the Eighth Year of the "
"Reign of Queen Anne, entitled, An Act for the Encouragement of Learning, by "
"Vesting the Copies of Printed Books in the Authors or Purchasers of such "
"Copies, during the Times therein mentioned (London, 1735), in Brief Amici "
-"Curiae of Tyler T. Ochoa et al., 8, Eldred v. Ashcroft, 537 U.S. 186 (2003) "
-"(No. 01-618)."
+"Curiae of Tyler T. Ochoa et al., 8, <citetitle>Eldred</citetitle> "
+"v. <citetitle>Ashcroft</citetitle>, 537 U.S. 186 (2003) (No. 01-618)."
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:4544
+#: freeculture.xml:4532
msgid ""
"I see no Reason for granting a further Term now, which will not hold as well "
"for granting it again and again, as often as the Old ones Expire; so that "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4565
+#: freeculture.xml:4553
msgid ""
"Having failed in Parliament, the publishers turned to the courts in a series "
"of cases. Their argument was simple and direct: The Statute of Anne gave "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4586
+#: freeculture.xml:4574
msgid ""
-"Lyman Ray Patterson, \"Free Speech, Copyright, and Fair Use,\" Vanderbilt "
-"Law Review 40 (1987): 28. For a wonderfully compelling account, see "
-"Vaidhyanathan, 37–48. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Lyman Ray Patterson, \"Free Speech, Copyright, and Fair Use,\" "
+"<citetitle>Vanderbilt Law Review</citetitle> 40 (1987): 28. For a "
+"wonderfully compelling account, see Vaidhyanathan, 37–48. "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4580
+#: freeculture.xml:4568
msgid ""
"This was a clever argument, and one that had the support of some of the "
"leading jurists of the day. It also displayed extraordinary chutzpah. Until "
#. f7
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4599
+#: freeculture.xml:4587
msgid ""
-"For a compelling account, see David Saunders, Authorship and Copyright "
-"(London: Routledge, 1992), 62–69."
+"For a compelling account, see David Saunders, <citetitle>Authorship and "
+"Copyright</citetitle> (London: Routledge, 1992), 62–69."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4595
+#: freeculture.xml:4583
msgid ""
"The booksellers' argument was not accepted without a fight. The hero of "
"this fight was a Scottish bookseller named Alexander Donaldson.<placeholder "
#. f8
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4609
+#: freeculture.xml:4597
msgid ""
-"Mark Rose, Authors and Owners (Cambridge: Harvard University Press, 1993), "
-"92."
+"Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard "
+"University Press, 1993), 92."
msgstr ""
#. f9
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4619
+#: freeculture.xml:4607
msgid "Ibid., 93."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4621
+#: freeculture.xml:4609
msgid "Erskine, Andrew"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4604
+#: freeculture.xml:4592
msgid ""
"Donaldson was an outsider to the London Conger. He began his career in "
"Edinburgh in 1750. The focus of his business was inexpensive reprints \"of "
#. f10
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4630
+#: freeculture.xml:4618
msgid ""
-"Lyman Ray Patterson, Copyright in Historical Perspective, 167 (quoting "
-"Borwell)."
+"Lyman Ray Patterson, <citetitle>Copyright in Historical "
+"Perspective</citetitle>, 167 (quoting Borwell)."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4624
+#: freeculture.xml:4612
msgid ""
"When the London booksellers tried to shut down Donaldson's shop in Scotland, "
"he responded by moving his shop to London, where he sold inexpensive "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4638
+#: freeculture.xml:4626
msgid ""
"The London booksellers quickly brought suit to block \"piracy\" like "
"Donaldson's. A number of actions were successful against the \"pirates,\" "
-"the most important early victory being Millar v. Taylor."
+"the most important early victory being <citetitle>Millar</citetitle> "
+"v. <citetitle>Taylor</citetitle>."
msgstr ""
#. f11
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4650
+#: freeculture.xml:4638
msgid ""
"Howard B. Abrams, \"The Historic Foundation of American Copyright Law: "
-"Exploding the Myth of Common Law Copyright,\" Wayne Law Review 29 (1983): "
-"1152."
+"Exploding the Myth of Common Law Copyright,\" <citetitle>Wayne Law "
+"Review</citetitle> 29 (1983): 1152."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4643
+#: freeculture.xml:4631
msgid ""
"Millar was a bookseller who in 1729 had purchased the rights to James "
"Thomson's poem \"The Seasons.\" Millar complied with the requirements of the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4659
+#: freeculture.xml:4647
msgid ""
"Astonishingly to modern lawyers, one of the greatest judges in English "
"history, Lord Mansfield, agreed with the booksellers. Whatever protection "
#. PAGE BREAK 103
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4670
+#: freeculture.xml:4658
msgid ""
"Considered as a matter of abstract justice—reasoning as if justice "
"were just a matter of logical deduction from first "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4685
+#: freeculture.xml:4673
msgid ""
"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."
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:4688
+#: freeculture.xml:4676
msgid "Beckett, Thomas"
msgstr ""
#. f12
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4694
+#: freeculture.xml:4682
msgid "Ibid., 1156."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4690
+#: freeculture.xml:4678
msgid ""
"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 Thomas "
"Beckett.<placeholder type=\"footnote\" id=\"0\"/> Donaldson then released an "
"unauthorized edition of Thomson's works. Beckett, on the strength of the "
-"decision in Millar, got an injunction against Donaldson. Donaldson appealed "
-"the case to 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."
+"decision in <citetitle>Millar</citetitle>, got an injunction against "
+"Donaldson. Donaldson appealed the case to 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4704
+#: freeculture.xml:4692
msgid ""
-"As few legal cases ever do, Donaldson v. Beckett drew an enormous amount of "
-"attention throughout Britain. Donaldson's lawyers argued that whatever "
-"rights may have existed under the common law, the Statute of Anne terminated "
-"those rights. After passage of the Statute of Anne, the only legal "
-"protection for an exclusive right to control 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."
+"As few legal cases ever do, <citetitle>Donaldson</citetitle> "
+"v. <citetitle>Beckett</citetitle> drew an enormous amount of attention "
+"throughout Britain. Donaldson's lawyers argued that whatever rights may have "
+"existed under the common law, the Statute of Anne terminated those "
+"rights. After passage of the Statute of Anne, the only legal protection for "
+"an exclusive right to control 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4714
+#: freeculture.xml:4702
msgid ""
"The House of Lords was an odd institution. Legal questions were presented to "
"the House and voted upon first by the \"law lords,\" members of special "
#. PAGE BREAK 104
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4721
+#: freeculture.xml:4709
msgid ""
"The reports about the law lords' votes are mixed. On some counts, it looks "
"as if perpetual copyright prevailed. But there is no ambiguity about how the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4739
+#: freeculture.xml:4727
msgid "Bacon, Francis"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4740
+#: freeculture.xml:4728
msgid "Bunyan, John"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4741
+#: freeculture.xml:4729
msgid "Johnson, Samuel"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4742
+#: freeculture.xml:4730
msgid "Milton, John"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4743
+#: freeculture.xml:4731
msgid "Shakespeare, William"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4731
+#: freeculture.xml:4719
msgid ""
-"\"The public domain.\" Before the case of Donaldson v. Beckett, there was no "
-"clear idea of a public domain in England. Before 1774, there was a strong "
-"argument that common law copyrights were perpetual. After 1774, the public "
-"domain was born. For the first time in Anglo-American history, the legal "
-"control over creative works expired, and the greatest works in English "
-"history—including those of Shakespeare, Bacon, Milton, Johnson, and "
-"Bunyan—were free of legal restraint. <placeholder type=\"indexterm\" "
-"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
-"type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/> "
-"<placeholder type=\"indexterm\" id=\"4\"/>"
+"\"The public domain.\" Before the case of <citetitle>Donaldson</citetitle> "
+"v. <citetitle>Beckett</citetitle>, there was no clear idea of a public "
+"domain in England. Before 1774, there was a strong argument that common law "
+"copyrights were perpetual. After 1774, the public domain was born. For the "
+"first time in Anglo-American history, the legal control over creative works "
+"expired, and the greatest works in English history—including those of "
+"Shakespeare, Bacon, Milton, Johnson, and Bunyan—were free of legal "
+"restraint. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
+"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> "
+"<placeholder type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" "
+"id=\"4\"/>"
msgstr ""
#. f13
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4756
+#: freeculture.xml:4744
msgid "Rose, 97."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4746
+#: freeculture.xml:4734
msgid ""
"It is hard for us to imagine, but this decision by the House of Lords fueled "
"an extraordinarily popular and political reaction. In Scotland, where most "
"of the \"pirate publishers\" did their work, people celebrated the decision "
-"in the streets. As the Edinburgh Advertiser reported, \"No private cause has "
-"so much engrossed the attention of the public, and none has been tried "
-"before the House of Lords in the decision of which so many individuals were "
-"interested.\" \"Great rejoicing in Edinburgh upon victory over literary "
-"property: bonfires and illuminations.\"<placeholder type=\"footnote\" "
-"id=\"0\"/>"
+"in the streets. As the <citetitle>Edinburgh Advertiser</citetitle> reported, "
+"\"No private cause has so much engrossed the attention of the public, and "
+"none has been tried before the House of Lords in the decision of which so "
+"many individuals were interested.\" \"Great rejoicing in Edinburgh upon "
+"victory over literary property: bonfires and illuminations.\"<placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4760
+#: freeculture.xml:4748
msgid ""
"In London, however, at least among publishers, the reaction was equally "
-"strong in the opposite direction. The Morning Chronicle reported:"
+"strong in the opposite direction. The <citetitle>Morning "
+"Chronicle</citetitle> reported:"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:4766
+#: freeculture.xml:4754
msgid ""
"By the above decision . . . near 200,000 pounds worth of what was honestly "
"purchased at public sale, and which was yesterday thought property is now "
#. PAGE BREAK 105
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4781
+#: freeculture.xml:4769
msgid ""
"\"Ruined\" is a bit of an exaggeration. But it is not an exaggeration to say "
"that the change was profound. The decision of the House of Lords meant that "
"the booksellers could no longer control how culture in England would grow "
-"and develop. Culture in England was thereafter free. Not in the sense that "
-"copyrights would not be respected, for of course, for a limited time after a "
-"work was published, the bookseller had an exclusive right to control the "
-"publication of that book. And not in the sense that books could be stolen, "
-"for even after a copyright expired, you still had to buy the book from "
-"someone. But free in the sense that the culture and its growth would no "
-"longer be controlled by a small group of publishers. As every free market "
-"does, this free market of free culture would grow as the consumers and "
-"producers chose. English culture would develop as the many English readers "
-"chose to let it develop— chose in the books they bought and wrote; "
-"chose in the memes they repeated and endorsed. Chose in a competitive "
-"context, 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."
+"and develop. Culture in England was thereafter <emphasis>free</emphasis>. "
+"Not in the sense that copyrights would not be respected, for of course, for "
+"a limited time after a work was published, the bookseller had an exclusive "
+"right to control the publication of that book. And not in the sense that "
+"books could be stolen, for even after a copyright expired, you still had to "
+"buy the book from someone. But <emphasis>free</emphasis> in the sense that "
+"the culture and its growth would no longer be controlled by a small group of "
+"publishers. As every free market does, this free market of free culture "
+"would grow as the consumers and producers chose. English culture would "
+"develop as the many English readers chose to let it develop— chose in "
+"the books they bought and wrote; chose in the memes they repeated and "
+"endorsed. Chose in a <emphasis>competitive 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4801
+#: freeculture.xml:4790
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:4809
+#: freeculture.xml:4798
msgid "CHAPTER SEVEN: Recorders"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4811
+#: freeculture.xml:4800
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4818
+#: freeculture.xml:4807
msgid ""
"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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4829 freeculture.xml:4898
+#: freeculture.xml:4818 freeculture.xml:4887
msgid "San Francisco Opera"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4823
+#: freeculture.xml:4812
msgid ""
"In 1990, Else was working on a documentary about Wagner's Ring Cycle. The "
"focus was stagehands at the San Francisco Opera. Stagehands are a "
#. PAGE BREAK 107
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4832
+#: freeculture.xml:4821
msgid ""
"During one of the performances, Else was shooting some stagehands playing "
"checkers. In one corner of the room was a television set. Playing on the "
"television set, while the stagehands played checkers and the opera company "
-"played Wagner, was The Simpsons. As Else judged it, this touch of cartoon "
-"helped capture the flavor of what was special about the scene."
+"played Wagner, was <citetitle>The Simpsons</citetitle>. As Else judged it, "
+"this touch of cartoon helped capture the flavor of what was special about "
+"the scene."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4841
+#: freeculture.xml:4830
msgid ""
"Years later, when he finally got funding to complete the film, Else "
-"attempted to clear the rights for those few seconds of The Simpsons. For of "
-"course, those few seconds are copyrighted; and of course, to use copyrighted "
-"material you need the permission of the copyright owner, unless \"fair use\" "
-"or some other privilege applies."
+"attempted to clear the rights for those few seconds of <citetitle>The "
+"Simpsons</citetitle>. For of course, those few seconds are copyrighted; and "
+"of course, to use copyrighted material you need the permission of the "
+"copyright owner, unless \"fair use\" or some other privilege applies."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4853 freeculture.xml:4861
+#: freeculture.xml:4842 freeculture.xml:4850
msgid "Gracie Films"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4848
+#: freeculture.xml:4837
msgid ""
-"Else called Simpsons 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. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"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. "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4856
+#: freeculture.xml:4845
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4864
+#: freeculture.xml:4853
msgid ""
"Then, as Else told me, \"two things happened. First we discovered . . . that "
"Matt Groening doesn't own his own creation—or at least that someone "
"[at Fox] believes he doesn't own his own creation.\" And second, Fox "
"\"wanted ten thousand dollars as a licensing fee for us to use this "
-"four-point-five seconds of . . . entirely unsolicited Simpsons which was in "
-"the corner of the shot.\""
+"four-point-five seconds of . . . entirely unsolicited "
+"<citetitle>Simpsons</citetitle> which was in the corner of the shot.\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4872
+#: freeculture.xml:4861
msgid ""
"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 explained "
#. PAGE BREAK 108
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4880
+#: freeculture.xml:4869
msgid ""
"\"I wanted to make sure I had my facts straight,\" he told me. \"Yes, you "
"have your facts straight,\" she said. It would cost $10,000 to use the clip "
-"of The Simpsons in the corner of a shot in a documentary film about Wagner's "
-"Ring Cycle. And then, astonishingly, Herrera told Else, \"And if you quote "
-"me, I'll turn you over to our attorneys.\" As an assistant to Herrera told "
-"Else later on, \"They don't give a shit. They just want the money.\""
+"of <citetitle>The Simpsons</citetitle> in the corner of a shot in a "
+"documentary film about Wagner's Ring Cycle. And then, astonishingly, Herrera "
+"told Else, \"And if you quote me, I'll turn you over to our attorneys.\" As "
+"an assistant to Herrera told Else later on, \"They don't give a shit. They "
+"just want the money.\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:4899
+#: freeculture.xml:4888
msgid "Day After Trinity, The"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4892
+#: freeculture.xml:4881
msgid ""
"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 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, The Day After Trinity, "
-"from ten years before. <placeholder type=\"indexterm\" id=\"0\"/> "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"with a clip from another film that he had worked on, <citetitle>The Day "
+"After Trinity</citetitle>, from ten years before. <placeholder "
+"
type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4902
+#: freeculture.xml:4891
msgid ""
"There's no doubt that someone, whether Matt Groening or Fox, owns the "
-"copyright to The Simpsons. That copyright is their property. To use that "
-"copyrighted material thus sometimes requires the permission of the copyright "
-"owner. If the use that Else wanted to make of the Simpsons copyright were "
-"one of the uses restricted by the law, then he would need to get the "
-"permission of the copyright owner before he could use the work in that "
-"way. And in a free market, it is the owner of the copyright who gets to set "
-"the price for any use that the law says the owner gets to control."
+"copyright to <citetitle>The Simpsons</citetitle>. That copyright is their "
+"property. To use that copyrighted material thus sometimes requires the "
+"permission of the copyright owner. If the use that Else wanted to make of "
+"the <citetitle>Simpsons</citetitle> copyright were one of the uses "
+"restricted by the law, then he would need to get the permission of the "
+"copyright owner before he could use the work in that way. And in a free "
+"market, it is the owner of the copyright who gets to set the price for any "
+"use that the law says the owner gets to control."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4913
+#: freeculture.xml:4902
msgid ""
-"For example, \"public performance\" is a use of The Simpsons that the "
-"copyright owner gets to control. If you take a selection of favorite "
-"episodes, rent a movie theater, and charge for tickets to come see \"My "
-"Favorite Simpsons,\" then you need to get permission from the copyright "
-"owner. And the copyright owner (rightly, in my view) can charge whatever she "
-"wants—$10 or $1,000,000. That's her right, as set by the law."
+"For example, \"public performance\" is a use of <citetitle>The "
+"Simpsons</citetitle> that the copyright owner gets to control. If you take a "
+"selection of favorite episodes, rent a movie theater, and charge for tickets "
+"to come see \"My Favorite <citetitle>Simpsons</citetitle>,\" then you need "
+"to get permission from the copyright owner. And the copyright owner "
+"(rightly, in my view) can charge whatever she wants—$10 or "
+"$1,000,000. That's her right, as set by the law."
msgstr ""
#. f1
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:4925
+#: freeculture.xml:4914
msgid ""
"For an excellent argument that such use is \"fair use,\" but that lawyers "
"don't permit recognition that it is \"fair use,\" see Richard A. Posner with "
-"William F. Patry, \"Fair Use and Statutory Reform in the Wake of Eldred \" "
-"(draft on file with author), University of Chicago Law School, 5 August "
-"2003."
+"William F. Patry, \"Fair Use and Statutory Reform in the Wake of "
+"<citetitle>Eldred</citetitle>\" (draft on file with author), University of "
+"Chicago Law School, 5 August 2003."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4922
+#: freeculture.xml:4911
msgid ""
"But when lawyers hear this story about Jon Else and Fox, their first thought "
"is \"fair use.\"<placeholder type=\"footnote\" id=\"0\"/> Else's use of just "
-"4.5 seconds of an indirect shot of a Simpsons episode is clearly a fair use "
-"of The Simpsons—and fair use does not require the permission of "
-"anyone."
+"4.5 seconds of an indirect shot of a <citetitle>Simpsons</citetitle> episode "
+"is clearly a fair use of <citetitle>The Simpsons</citetitle>—and fair "
+"use does not require the permission of anyone."
msgstr ""
#. PAGE BREAK 109
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4937
+#: freeculture.xml:4926
msgid "So I asked Else why he didn't just rely upon \"fair use.\" Here's his reply:"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:4941
+#: freeculture.xml:4930
msgid ""
-"The Simpsons fiasco was for me a great lesson in the gulf between what "
-"lawyers find irrelevant in some abstract sense, and what is crushingly "
-"relevant in practice to those of us actually trying to make and broadcast "
-"documentaries. I never had any doubt that it was \"clearly fair use\" in an "
-"absolute legal sense. But I couldn't rely on the concept in any concrete "
-"way. Here's why:"
+"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 relevant in practice to those of us actually trying to make "
+"and broadcast documentaries. I never had any doubt that it was \"clearly "
+"fair use\" in an absolute legal sense. But I couldn't rely on the concept in "
+"any concrete way. Here's why:"
msgstr ""
#. 1.
#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:4951
+#: freeculture.xml:4940
msgid ""
"Before our films can be broadcast, the network requires that we buy Errors "
"and Omissions insurance. The carriers require a detailed \"visual cue "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para><indexterm><primary>
-#: freeculture.xml:4968
+#: freeculture.xml:4957
msgid "Lucas, George"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:4959
+#: freeculture.xml:4948
msgid ""
"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 tracking down and "
-"stopping unlicensed Simpsons usage, just as George Lucas had a very high "
-"profile litigating Star Wars usage. So I decided to play by the book, "
-"thinking that we would be granted free or cheap license to four seconds of "
-"Simpsons. As a documentary producer working 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. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"stopping unlicensed <citetitle>Simpsons</citetitle> usage, just as George "
+"Lucas had a very high profile litigating <citetitle>Star Wars</citetitle> "
+"usage. So I decided to play by the book, thinking that we would be granted "
+"free or cheap license to four seconds of <citetitle>Simpsons</citetitle>. As "
+"a documentary producer working 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. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. 3.
#. PAGE BREAK 110
#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:4972
+#: freeculture.xml:4961
msgid ""
"I did, in fact, speak with one of your colleagues at Stanford Law School "
". . . who confirmed that it was fair use. He also confirmed that Fox would "
#. 4.
#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:4982
+#: freeculture.xml:4971
msgid ""
"The question of fair use usually comes up at the end of the project, when we "
"are up against a release deadline and out of money."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4989
+#: freeculture.xml:4978
msgid ""
"In theory, fair use means you need no permission. The theory therefore "
"supports free culture and insulates against a permission culture. But in "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:4997
+#: freeculture.xml:4986
msgid ""
"This practice shows just how far the law has come from its "
"eighteenth-century roots. The law was born as a shield to protect "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:5006
+#: freeculture.xml:4995
msgid "CHAPTER EIGHT: Transformers"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:5007
+#: freeculture.xml:4996
msgid "Allen, Paul"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:5008 freeculture.xml:5016 freeculture.xml:5027 freeculture.xml:5042 freeculture.xml:5051 freeculture.xml:5056 freeculture.xml:5108 freeculture.xml:5124 freeculture.xml:5147 freeculture.xml:5209 freeculture.xml:9571
+#: freeculture.xml:4997 freeculture.xml:5005 freeculture.xml:5016 freeculture.xml:5031 freeculture.xml:5040 freeculture.xml:5045 freeculture.xml:5097 freeculture.xml:5113 freeculture.xml:5136 freeculture.xml:5199 freeculture.xml:9551
msgid "Alben, Alex"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5010
+#: freeculture.xml:4999
msgid ""
"In 1993, Alex Alben was a lawyer working at Starwave, Inc. Starwave was an "
"innovative company founded by Microsoft cofounder Paul Allen to develop "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5018
+#: freeculture.xml:5007
msgid ""
"Alben had a special interest in new technology. He was intrigued by the "
"emerging market for CD-ROM technology—not to distribute film, but to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5029
+#: freeculture.xml:5018
msgid ""
"At that time, Eastwood had made more than fifty films, as an actor and as a "
"director. Alben began with a series of interviews with Eastwood, asking him "
#. PAGE BREAK 112
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5036
+#: freeculture.xml:5025
msgid ""
"That alone would not have made a very interesting product, so Starwave "
"wanted to add content from the movies in Eastwood's career: posters, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5044
+#: freeculture.xml:5033
msgid ""
"Then Alben and his team decided to include actual film clips. \"Our goal was "
"that we were going to have a clip from every one of Eastwood's films,\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5053
+#: freeculture.xml:5042
msgid ""
"Alben brought the idea to Michael Slade, the CEO of Starwave. Slade asked, "
"\"Well, what will it take?\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary>
-#: freeculture.xml:5069
+#: freeculture.xml:5058
msgid "artists"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><secondary>
-#: freeculture.xml:5070
+#: freeculture.xml:5059
msgid "publicity rights on images of"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:5064
+#: freeculture.xml:5053
msgid ""
"Technically, the rights that Alben had to clear were mainly those of "
"publicity—rights an artist has to control the commercial exploitation "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5058
+#: freeculture.xml:5047
msgid ""
"Alben replied, \"Well, we're going to have to clear rights from everyone who "
"appears in these films, and the music and everything else that we want to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5075
+#: freeculture.xml:5064
msgid ""
"The problem was that neither Alben nor Slade had any idea what clearing "
"those rights would mean. Every actor in each of the films could have a claim "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5082
+#: freeculture.xml:5071
msgid ""
"I asked Alben how he dealt with the problem. With an obvious pride in his "
"resourcefulness that obscured the obvious bizarreness of his tale, Alben "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:5088
+#: freeculture.xml:5077
msgid ""
"So we very mechanically went about looking up the film clips. We made some "
"artistic decisions about what film clips to include—of course we were "
-"going to use the \"Make my day\" clip from Dirty Harry. But you then need to "
-"get the guy on the ground who's wiggling under the gun and you need to get "
-"his permission. And then you have to decide what you are going to pay him."
+"going to use the \"Make my day\" clip from <citetitle>Dirty "
+"Harry</citetitle>. But you then need to get the guy on the ground who's "
+"wiggling under the gun and you need to get his permission. And then you "
+"have to decide what you are going to pay him."
msgstr ""
#. PAGE BREAK 113
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:5097
+#: freeculture.xml:5086
msgid ""
"We decided that it would be fair if we offered them the dayplayer rate for "
"the right to reuse that performance. We're talking about a clip of less than "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5110
+#: freeculture.xml:5099
msgid ""
"Some actors were glad to help—Donald Sutherland, for example, followed "
"up himself to be sure that the rights had been cleared. Others were "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5121
+#: freeculture.xml:5110
msgid ""
-"It was one year later—\"and even then we weren't sure whether we were "
-"totally in the clear.\""
+"It was one <emphasis>year</emphasis> later—\"and even then we weren't "
+"sure whether we were totally in the clear.\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5126
+#: freeculture.xml:5115
msgid ""
"Alben is proud of his work. The project was the first of its kind and the "
"only time he knew of that a team had undertaken such a massive project for "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:5132
+#: freeculture.xml:5121
msgid ""
"Everyone thought it would be too hard. Everyone just threw up their hands "
"and said, \"Oh, my gosh, a film, it's so many copyrights, there's the music, "
#. PAGE BREAK 114
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5144
+#: freeculture.xml:5133
msgid ""
"And no doubt, the product itself was exceptionally good. Eastwood loved it, "
"and it sold very well."
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:5148
+#: freeculture.xml:5137
msgid "Drucker, Peter"
msgstr ""
#. f2
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:5156
+#: freeculture.xml:5145
msgid ""
-"U.S. Department of Commerce Office of Acquisition Management, Seven Steps to "
-"Performance-Based Services Acquisition, available at <ulink "
+"U.S. Department of Commerce Office of Acquisition Management, "
+"<citetitle>Seven Steps to Performance-Based Services "
+"Acquisition</citetitle>, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #22</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5150
+#: freeculture.xml:5139
msgid ""
"But I pressed Alben about how weird it seems that it would have to take a "
"year's work simply to clear rights. No doubt Alben had done this "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5164
+#: freeculture.xml:5153
msgid ""
"For, as he acknowledged, \"very few . . . have the time and resources, and "
"the will to do this,\" and thus, very few such works would ever be "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:5172
+#: freeculture.xml:5161
msgid ""
"I don't think so. When an actor renders a performance in a movie, he or she "
"gets paid very well. . . . And then when 30 seconds of that performance is "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5180
+#: freeculture.xml:5169
msgid ""
-"Or at least, is this how the artist should be compensated? Would it make "
-"sense, I asked, for there to be some kind of statutory license that someone "
-"could pay and be free to make derivative use of clips like this? Did it "
-"really make sense that a follow-on creator would have to track down every "
-"artist, actor, director, musician, and get explicit permission from each? "
-"Wouldn't a lot more be created if the legal part of the creative process "
-"could be made to be more clean?"
+"Or at least, is this <emphasis>how</emphasis> the artist should be "
+"compensated? Would it make sense, I asked, for there to be some kind of "
+"statutory license that someone could pay and be free to make derivative use "
+"of clips like this? Did it really make sense that a follow-on creator would "
+"have to track down every artist, actor, director, musician, and get explicit "
+"permission from each? Wouldn't a lot more be created if the legal part of "
+"the creative process could be made to be more clean?"
msgstr ""
#. PAGE BREAK 115
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:5190
+#: freeculture.xml:5180
msgid ""
"Absolutely. I think that if there were some fair-licensing "
"mechanism—where you weren't subject to hold-ups and you weren't "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5211
+#: freeculture.xml:5201
msgid ""
"Alben worked for a big company. His company was backed by some of the "
"richest investors in the world. He therefore had authority and access that "
#. PAGE BREAK 116
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5228
+#: freeculture.xml:5218
msgid ""
"I've seen the flash of recognition when people get this point, but only a "
"few times. The first was at a conference of federal judges in California. "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5238
+#: freeculture.xml:5228
msgid ""
"The video was a brilliant collage of film from every period in the twentieth "
-"century, all framed around the idea of a 60 Minutes episode. The execution "
-"was perfect, down to the sixty-minute stopwatch. The judges loved every "
-"minute of it."
+"century, all framed around the idea of a <citetitle>60 Minutes</citetitle> "
+"episode. The execution was perfect, down to the sixty-minute stopwatch. The "
+"judges loved every minute of it."
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:5243
+#: freeculture.xml:5233
msgid "Nimmer, David"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5245
+#: freeculture.xml:5235
msgid ""
"When the lights came up, I looked over to my copanelist, David Nimmer, "
"perhaps the leading copyright scholar and practitioner in the nation. He had "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:5252
+#: freeculture.xml:5242
msgid "Boies, David"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5254
+#: freeculture.xml:5244
msgid ""
"For of course, the two brilliantly talented creators who made this film "
"hadn't done what Alben did. They hadn't spent a year clearing the rights to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5269
+#: freeculture.xml:5259
msgid ""
"We live in a \"cut and paste\" culture enabled by technology. Anyone "
"building a presentation knows the extraordinary freedom that the cut and "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5285
+#: freeculture.xml:5275
msgid "Camp Chaos"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5276
+#: freeculture.xml:5266
msgid ""
"But presentations are just a tiny beginning. Using the Internet and its "
"archives, musicians are able to string together mixes of sound never before "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5288
+#: freeculture.xml:5278
msgid ""
"All of these creations are technically illegal. Even if the creators wanted "
"to be \"legal,\" the cost of complying with the law is impossibly "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5295
+#: freeculture.xml:5285
msgid ""
"To some, these stories suggest a solution: Let's alter the mix of rights so "
"that people are free to build upon our culture. Free to add or mix as they "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5310
+#: freeculture.xml:5300
msgid ""
"Who could possibly object to this? And what reason would there be for "
"objecting? We're talking about work that is not now being made; which if "
#. PAGE BREAK 118
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5316
+#: freeculture.xml:5306
msgid ""
"In February 2003, DreamWorks studios announced an agreement with Mike Myers, "
-"the comic genius of Saturday Night Live and Austin Powers. According to the "
-"announcement, Myers and Dream-Works would work together to form a \"unique "
-"filmmaking pact.\" Under the agreement, DreamWorks \"will acquire the rights "
-"to existing motion picture hits and classics, write new storylines "
-"and—with the use of stateof-the-art digital technology—insert "
-"Myers and other actors into the film, thereby creating an entirely new piece "
-"of entertainment.\""
+"the comic genius of <citetitle>Saturday Night Live</citetitle> and Austin "
+"Powers. According to the announcement, Myers and Dream-Works would work "
+"together to form a \"unique filmmaking pact.\" Under the agreement, "
+"DreamWorks \"will acquire the rights to existing motion picture hits and "
+"classics, write new storylines and—with the use of stateof-the-art "
+"digital technology—insert Myers and other actors into the film, "
+"thereby creating an entirely new piece of entertainment.\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5328
+#: freeculture.xml:5318
msgid ""
"The announcement called this \"film sampling.\" As Myers explained, \"Film "
"Sampling is an exciting way to put an original spin on existing films and "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5337
+#: freeculture.xml:5327
msgid ""
"Spielberg is right. Film sampling by Myers will be brilliant. But if you "
"don't think about it, you might miss the truly astonishing point about this "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5347
+#: freeculture.xml:5337
msgid ""
"This privilege becomes reserved for two sorts of reasons. The first "
"continues the story of the last chapter: the vagueness of \"fair use.\" Much "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:5362
+#: freeculture.xml:5352
msgid "CHAPTER NINE: Collectors"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5364
+#: freeculture.xml:5354
msgid ""
"In April 1996, millions of \"bots\"—computer codes designed to "
"\"spider,\" or automatically search the Internet and copy "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5373
+#: freeculture.xml:5363
msgid ""
"By October 2001, the bots had collected more than five years of copies. And "
"at a small announcement in Berkeley, California, the archive that these "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5381
+#: freeculture.xml:5371
msgid ""
"This is the thing about the Internet that Orwell would have appreciated. In "
-"the dystopia described in 1984, old newspapers were constantly updated to "
-"assure that the current view of the world, approved of by the government, "
-"was not contradicted by previous news reports."
+"the dystopia described in <citetitle>1984</citetitle>, old newspapers were "
+"constantly updated to assure that the current view of the world, approved of "
+"by the government, was not contradicted by previous news reports."
msgstr ""
#. PAGE BREAK 120
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5389
+#: freeculture.xml:5379
msgid ""
"Thousands of workers constantly reedited the past, meaning there was no way "
"ever to know whether the story you were reading today was the story that was "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5394
+#: freeculture.xml:5384
msgid ""
"It's the same with the Internet. If you go to a Web page today, there's no "
"way for you to know whether the content you are reading is the same as the "
#. f1
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:5407
+#: freeculture.xml:5397
msgid ""
"The temptations remain, however. Brewster Kahle reports that the White House "
"changes its own press releases without notice. A May 13, 2003, press release "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5401
+#: freeculture.xml:5391
msgid ""
"Until the Way Back Machine, at least. With the Way Back Machine, and the "
"Internet Archive underlying it, you can see what the Internet was. You have "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5415
+#: freeculture.xml:5405
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5426
+#: freeculture.xml:5416
msgid ""
"It is said that those who fail to remember history are doomed to repeat "
-"it. That's not quite correct. We all forget history. The key is whether we "
-"have a way to go back to rediscover what we forget. More directly, the key "
-"is whether an objective past can keep us honest. Libraries help do that, by "
-"collecting content and keeping it, for schoolchildren, for researchers, for "
-"grandma. A free society presumes this knowedge."
+"it. That's not quite correct. We <emphasis>all</emphasis> forget "
+"history. The key is whether we have a way to go back to rediscover what we "
+"forget. More directly, the key is whether an objective past can keep us "
+"honest. Libraries help do that, by collecting content and keeping it, for "
+"schoolchildren, for researchers, for grandma. A free society presumes this "
+"knowedge."
msgstr ""
#. PAGE BREAK 121
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5435
+#: freeculture.xml:5425
msgid ""
"The Internet was an exception to this presumption. Until the Internet "
"Archive, there was no way to go back. The Internet was the quintessentially "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5446
+#: freeculture.xml:5436
msgid ""
"Brewster Kahle is the founder of the Internet Archive. He was a very "
"successful Internet entrepreneur after he was a successful computer "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5456
+#: freeculture.xml:5446
msgid ""
"The Way Back Machine is the largest archive of human knowledge in human "
"history. At the end of 2002, it held \"two hundred and thirty terabytes of "
#. PAGE BREAK 122
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:5474
+#: freeculture.xml:5464
msgid ""
"Do you remember when Dan Quayle was interacting with Murphy Brown? Remember "
"that back and forth surreal experience of a politician interacting with a "
"fictional television character? If you were a graduate student wanting to "
"study that, and you wanted to get those original back and forth exchanges "
-"between the two, the 60 Minutes episode that came out after it . . . it "
-"would be almost impossible. . . . Those materials are almost "
-"unfindable. . . ."
+"between the two, the <citetitle>60 Minutes</citetitle> episode that came out "
+"after it . . . it would be almost impossible. . . . Those materials are "
+"almost unfindable. . . ."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5486
+#: freeculture.xml:5476
msgid ""
"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 recorded "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5494
+#: freeculture.xml:5484
msgid ""
"In part, this is because of the law. Early in American copyright law, "
"copyright owners were required to deposit copies of their work in "
#. f2
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:5511
+#: freeculture.xml:5501
msgid ""
"Doug Herrick, \"Toward a National Film Collection: Motion Pictures at the "
-"Library of Congress,\" Film Library Quarterly 13 nos. 2–3 (1980): 5; "
-"Anthony Slide, Nitrate Won't Wait: A History of Film Preservation in the "
-"United States ( Jefferson, N.C.: McFarland & Co., 1992), 36."
+"Library of Congress,\" <citetitle>Film Library Quarterly</citetitle> 13 "
+"nos. 2–3 (1980): 5; Anthony Slide, <citetitle>Nitrate Won't Wait: A "
+"History of Film Preservation in the United States</citetitle> ( Jefferson, "
+"N.C.: McFarland & Co., 1992), 36."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5502
+#: freeculture.xml:5492
msgid ""
"These rules applied to film as well. But in 1915, the Library of Congress "
"made an exception for film. Film could be copyrighted so long as such "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5519
+#: freeculture.xml:5509
msgid ""
"The same is generally true about television. Television broadcasts were "
"originally not copyrighted—there was no way to capture the broadcasts, "
#. PAGE BREAK 123
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5530
+#: freeculture.xml:5520
msgid ""
"Kahle was eager to correct this. Before September 11, 2001, he and his "
"allies had started capturing television. They selected twenty stations from "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5557
+#: freeculture.xml:5547
msgid "Movie Archive"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5541
+#: freeculture.xml:5531
msgid ""
"Kahle had the same idea with film. Working with Rick Prelinger, whose "
"archive of film includes close to 45,000 \"ephemeral films\" (meaning films "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5560
+#: freeculture.xml:5550
msgid ""
"Here again, Kahle is providing access to a part of our culture that we "
"otherwise could not get easily, if at all. It is yet another part of what "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5568
+#: freeculture.xml:5558
msgid ""
"The key here is access, not price. Kahle wants to enable free access to this "
"content, but he also wants to enable others to sell access to it. His aim is "
#. PAGE BREAK 124
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5576
+#: freeculture.xml:5566
msgid ""
"For here is an idea that we should more clearly recognize. Every bit of "
"creative property goes through different \"lives.\" In its first life, if "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5588
+#: freeculture.xml:5578
msgid ""
"After the commercial life of creative property has ended, our tradition has "
"always supported a second life as well. A newspaper delivers the news every "
#. f3
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:5600
+#: freeculture.xml:5590
msgid ""
"Dave Barns, \"Fledgling Career in Antique Books: Woodstock Landlord, Bar "
-"Owner Starts a New Chapter by Adopting Business,\" Chicago Tribune, 5 "
-"September 1997, at Metro Lake 1L. Of books published between 1927 and 1946, "
-"only 2.2 percent were in print in 2002. R. Anthony Reese, \"The First Sale "
-"Doctrine in the Era of Digital Networks,\" Boston College Law Review 44 "
-"(2003): 593 n. 51."
+"Owner Starts a New Chapter by Adopting Business,\" <citetitle>Chicago "
+"Tribune</citetitle>, 5 September 1997, at Metro Lake 1L. Of books published "
+"between 1927 and 1946, only 2.2 percent were in print in 2002. R. Anthony "
+"Reese, \"The First Sale Doctrine in the Era of Digital Networks,\" "
+"<citetitle>Boston College Law Review</citetitle> 44 (2003): 593 n. 51."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5597
+#: freeculture.xml:5587
msgid ""
"The same has always been true about books. A book goes out of print very "
"quickly (the average today is after about a year<placeholder "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5614
+#: freeculture.xml:5604
msgid ""
"Yet increasingly, any assumption about a stable second life for creative "
"property does not hold true with the most important components of popular "
#. PAGE BREAK 125
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5625
+#: freeculture.xml:5615
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5637
+#: freeculture.xml:5627
msgid ""
"Perhaps the single most important feature of the digital revolution is that "
"for the first time since the Library of Alexandria, it is feasible to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5645
+#: freeculture.xml:5635
msgid ""
"The scale of this potential archive is something we've never imagined "
"before. The Brewster Kahles of our history have dreamed about it; but we are "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:5652
+#: freeculture.xml:5642
msgid ""
"It looks like there's about two to three million recordings of music. "
"Ever. There are about a hundred thousand theatrical releases of movies, "
#. PAGE BREAK 126
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5666
+#: freeculture.xml:5656
msgid ""
"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 "
-"libraries or archives could be. When the commercial life of creative "
-"property ends, I don't know. But it does. And whenever it does, Kahle and "
-"his archive hint at a world where this knowledge, and culture, remains "
-"perpetually available. Some will draw upon it to understand it; some to "
-"criticize it. Some will use it, as Walt Disney did, to re-create the past "
-"for the future. These technologies promise something that had become "
-"unimaginable for much of our past—a future for our past. The "
-"technology of digital arts could make the dream of the Library of Alexandria "
-"real again."
+"libraries or archives could be. <emphasis>When</emphasis> the commercial "
+"life of creative property ends, I don't know. But it does. And whenever it "
+"does, Kahle and his archive hint at a world where this knowledge, and "
+"culture, remains perpetually available. Some will draw upon it to understand "
+"it; some to criticize it. Some will use it, as Walt Disney did, to re-create "
+"the past for the future. These technologies promise something that had "
+"become unimaginable for much of our past—a future "
+"<emphasis>for</emphasis> our past. The technology of digital arts could make "
+"the dream of the Library of Alexandria real again."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5681
+#: freeculture.xml:5671
msgid ""
"Technologists have thus removed the economic costs of building such an "
"archive. But lawyers' costs remain. For as much as we might like to call "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:5691
+#: freeculture.xml:5681
msgid "CHAPTER TEN: \"Property\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5700
+#: freeculture.xml:5690
msgid "Johnson, Lyndon"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5693
+#: freeculture.xml:5683
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5713
+#: freeculture.xml:5703
msgid "Disney, Inc."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5714
+#: freeculture.xml:5704
msgid "Sony Pictures Entertainment"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5715
+#: freeculture.xml:5705
msgid "MGM"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5716
+#: freeculture.xml:5706
msgid "Paramount Pictures"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5717
+#: freeculture.xml:5707
msgid "Twentieth Century Fox"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5718
+#: freeculture.xml:5708
msgid "Universal Pictures"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:5719
+#: freeculture.xml:5709
msgid "Warner Brothers"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5703
+#: freeculture.xml:5693
msgid ""
"The MPAA is the American branch of the international Motion Picture "
"Association. It was formed in 1922 as a trade association whose goal was to "
#. PAGE BREAK 128
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5723
+#: freeculture.xml:5713
msgid ""
"Valenti is only the third president of the MPAA. No president before him has "
"had as much influence over that organization, or over Washington. As a "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5735
+#: freeculture.xml:5725
msgid ""
"In defending artistic liberty and the freedom of speech that our culture "
"depends upon, the MPAA has done important good. In crafting the MPAA rating "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5744
+#: freeculture.xml:5734
msgid "In 1982, Valenti's testimony to Congress captured the strategy perfectly:"
msgstr ""
#. f1
#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para>
-#: freeculture.xml:5758
+#: freeculture.xml:5748
msgid ""
"Home Recording of Copyrighted Works: Hearings on H.R. 4783, H.R. 4794, "
"H.R. 4808, H.R. 5250, H.R. 5488, and H.R. 5705 Before the Subcommittee on "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:5749
+#: freeculture.xml:5739
msgid ""
"No matter the lengthy arguments made, no matter the charges and the "
"counter-charges, no matter the tumult and the shouting, reasonable men and "
"women will keep returning to the fundamental issue, the central theme which "
-"animates this entire debate: Creative property owners must be accorded the "
-"same rights and protection resident in all other property owners in the "
-"nation. That is the issue. That is the question. And that is the rostrum on "
-"which this entire hearing and the debates to follow must rest.<placeholder "
-"type=\"footnote\" id=\"0\"/>"
+"animates this entire debate: <emphasis>Creative property owners must be "
+"accorded the same rights and protection resident in all other property "
+"owners in the nation</emphasis>. That is the issue. That is the "
+"question. And that is the rostrum on which this entire hearing and the "
+"debates to follow must rest.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 129
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5768
+#: freeculture.xml:5758
msgid ""
"The strategy of this rhetoric, like the strategy of most of Valenti's "
"rhetoric, is brilliant and simple and brilliant because simple. The "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5779
+#: freeculture.xml:5769
msgid ""
"This claim has an obvious and powerful intuitive pull. It is stated with "
"such clarity as to make the idea as obvious as the notion that we use "
"elections to pick presidents. But in fact, there is no more extreme a claim "
-"made by anyone who is serious in this debate than this claim of "
-"Valenti's. Jack Valenti, however sweet and however brilliant, is perhaps the "
-"nation's foremost extremist when it comes to the nature and scope of "
-"\"creative property.\" His views have no reasonable connection to our actual "
-"legal tradition, even if the subtle pull of his Texan charm has slowly "
-"redefined that tradition, at least in Washington."
+"made by <emphasis>anyone</emphasis> who is serious in this debate than this "
+"claim of Valenti's. Jack Valenti, however sweet and however brilliant, is "
+"perhaps the nation's foremost extremist when it comes to the nature and "
+"scope of \"creative property.\" His views have <emphasis>no</emphasis> "
+"reasonable connection to our actual legal tradition, even if the subtle pull "
+"of his Texan charm has slowly redefined that tradition, at least in "
+"Washington."
msgstr ""
#. f2
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:5794
+#: freeculture.xml:5784
msgid ""
"Lawyers speak of \"property\" not as an absolute thing, but as a bundle of "
"rights that are sometimes associated with a particular object. Thus, my "
"\"property right\" to my car gives me the right to exclusive use, but not "
"the right to drive at 150 miles an hour. For the best effort to connect the "
"ordinary meaning of \"property\" to \"lawyer talk,\" see Bruce Ackerman, "
-"Private Property and the Constitution (New Haven: Yale University Press, "
-"1977), 26–27."
+"<citetitle>Private Property and the Constitution</citetitle> (New Haven: "
+"Yale University Press, 1977), 26–27."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5791
+#: freeculture.xml:5781
msgid ""
"While \"creative property\" is certainly \"property\" in a nerdy and precise "
"sense that lawyers are trained to understand,<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5809
+#: freeculture.xml:5799
msgid ""
"Valenti knows this. But he speaks for an industry that cares squat for our "
"tradition and the values it represents. He speaks for an industry that is "
#. PAGE BREAK 130
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5817
+#: freeculture.xml:5807
msgid ""
"I have two purposes in this chapter. The first is to convince you that, "
"historically, Valenti's claim is absolutely wrong. The second is to convince "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5832
+#: freeculture.xml:5822
msgid ""
"Organizations such as the MPAA, whose board includes the most powerful of "
"the old guard, have little interest, their rhetoric notwithstanding, in "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5844
+#: freeculture.xml:5834
msgid ""
"The framers of our Constitution loved \"property.\" Indeed, so strongly did "
"they love property that they built into the Constitution an important "
"house, or acquires a slice of land from your farm—it is required, "
"under the Fifth Amendment's \"Takings Clause,\" to pay you \"just "
"compensation\" for that taking. The Constitution thus guarantees that "
-"property is, in a certain sense, sacred. It cannot ever be taken from the "
-"property owner unless the government pays for the privilege."
+"property is, in a certain sense, sacred. It cannot <emphasis>ever</emphasis> "
+"be taken from the property owner unless the government pays for the "
+"privilege."
msgstr ""
#. PAGE BREAK 131
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5855
+#: freeculture.xml:5845
msgid ""
"Yet the very same Constitution speaks very differently about what Valenti "
"calls \"creative property.\" In the clause granting Congress the power to "
-"create \"creative property,\" the Constitution requires that after a "
-"\"limited time,\" Congress take back the rights that it has granted and set "
-"the \"creative property\" free to the public domain. Yet when Congress does "
-"this, when the expiration of a copyright term \"takes\" your copyright and "
-"turns it over to the public domain, Congress does not have any obligation to "
-"pay \"just compensation\" for this \"taking.\" Instead, the same "
-"Constitution that requires compensation for your land requires that you lose "
-"your \"creative property\" right without any compensation at all."
+"create \"creative property,\" the Constitution <emphasis>requires</emphasis> "
+"that after a \"limited time,\" Congress take back the rights that it has "
+"granted and set the \"creative property\" free to the public domain. Yet "
+"when Congress does this, when the expiration of a copyright term \"takes\" "
+"your copyright and turns it over to the public domain, Congress does not "
+"have any obligation to pay \"just compensation\" for this \"taking.\" "
+"Instead, the same Constitution that requires compensation for your land "
+"requires that you lose your \"creative property\" right without any "
+"compensation at all."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5870
+#: freeculture.xml:5860
msgid ""
"The Constitution thus on its face states that these two forms of property "
"are not to be accorded the same rights. They are plainly to be treated "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5879
+#: freeculture.xml:5869
msgid ""
"Arguing for a change in our Constitution is not necessarily wrong. There "
"was much in our original Constitution that was plainly wrong. The "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5891
+#: freeculture.xml:5881
msgid ""
"Instead, my argument is that because Jefferson did it, we should at least "
-"try to understand why. Why did the framers, fanatical property types that "
-"they were, reject the claim that 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?"
+"try to understand <emphasis>why</emphasis>. Why did the framers, fanatical "
+"property types that they were, reject the claim that 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?"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5898
+#: freeculture.xml:5889
msgid ""
"To answer this question, we need to get some perspective on the history of "
"these \"creative property\" rights, and the control that they enabled. Once "
"we see clearly how differently these rights have been defined, we will be in "
"a better position to ask the question that should be at the core of this "
-"war: Not whether creative property should be protected, but how. Not whether "
-"we will enforce the rights the law gives to creative-property owners, but "
-"what the particular mix of rights ought to be. Not whether artists should be "
-"paid, but whether institutions designed to assure that artists get paid need "
-"also control how culture develops."
+"war: Not <emphasis>whether</emphasis> creative property should be protected, "
+"but how. Not <emphasis>whether</emphasis> we will enforce the rights the law "
+"gives to creative-property owners, but what the particular mix of rights "
+"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."
msgstr ""
#. PAGE BREAK 132
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5912
+#: freeculture.xml:5904
msgid ""
"To answer these questions, we need a more general way to talk about how "
"property is protected. More precisely, we need a more general way than the "
-"narrow language of the law allows. In Code and Other Laws of Cyberspace, I "
-"used a simple model to capture this more general perspective. For any "
-"particular right or regulation, this model asks how four different "
-"modalities of regulation interact to support or weaken the right or "
-"regulation. I represented it with this diagram:"
+"narrow language of the law allows. In <citetitle>Code and Other Laws of "
+"Cyberspace</citetitle>, I used a simple model to capture this more general "
+"perspective. For any particular right or regulation, this model asks how "
+"four different modalities of regulation interact to support or weaken the "
+"right or regulation. I represented it with this diagram:"
msgstr ""
#. type: Content of: <book><chapter><sect1><figure><title>
-#: freeculture.xml:5921
+#: freeculture.xml:5913
msgid ""
"How four different modalities of regulation interact to support or weaken "
"the right or regulation."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:5922 freeculture.xml:6097 freeculture.xml:6398
+#: freeculture.xml:5914 freeculture.xml:6089 freeculture.xml:6390
msgid "<graphic fileref=\"images/1331.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5925
+#: freeculture.xml:5917
msgid ""
"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 each case "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5942
+#: freeculture.xml:5934
msgid ""
"Norms are a different kind of constraint. They, too, punish an individual "
"for violating a rule. But the punishment of a norm is imposed by a "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5953
+#: freeculture.xml:5945
msgid ""
"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 do N. These "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5963
+#: freeculture.xml:5955
msgid ""
"Finally, and for the moment, perhaps, most mysteriously, "
"\"architecture\"—the physical world as one finds it—is a "
#. PAGE BREAK 134
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5980
+#: freeculture.xml:5972
msgid ""
"So the first point about these four modalities of regulation is obvious: "
"They interact. Restrictions imposed by one might be reinforced by "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5986
+#: freeculture.xml:5978
msgid ""
"The second point follows directly: If we want to understand the effective "
"freedom that anyone has at a given moment to do any particular thing, we "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:5995
+#: freeculture.xml:5987
msgid "driving speed, constraints on"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:5998
+#: freeculture.xml:5990
msgid ""
"So, for example, consider the \"freedom\" to drive a car at a high "
"speed. That freedom is in part restricted by laws: speed limits that say how "
#. f3
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:6016
+#: freeculture.xml:6008
msgid ""
"By describing the way law affects the other three modalities, I don't mean "
"to suggest that the other three don't affect law. Obviously, they do. Law's "
"only distinction is that it alone speaks as if it has a right "
"self-consciously to change the other three. The right of the other three is "
-"more timidly expressed. See Lawrence Lessig, Code: And Other Laws of "
-"Cyberspace (New York: Basic Books, 1999): 90–95; Lawrence Lessig, "
-"\"The New Chicago School,\" Journal of Legal Studies, June 1998."
+"more timidly expressed. See Lawrence Lessig, <citetitle>Code: And Other "
+"Laws of Cyberspace</citetitle> (New York: Basic Books, 1999): 90–95; "
+"Lawrence Lessig, \"The New Chicago School,\" <citetitle>Journal of Legal "
+"Studies</citetitle>, June 1998."
msgstr ""
#. PAGE BREAK 135
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:6012
+#: freeculture.xml:6004
msgid ""
"The final point about this simple model should also be fairly clear: While "
"these four modalities are analytically independent, law has a special role "
msgstr ""
#. type: Content of: <book><chapter><sect1><figure><title>
-#: freeculture.xml:6040
+#: freeculture.xml:6032
msgid "Law has a special role in affecting the three."
msgstr ""
#. type: Content of: <book><chapter><sect1><figure>
-#: freeculture.xml:6041
+#: freeculture.xml:6033
msgid "<graphic fileref=\"images/1361.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6080
+#: freeculture.xml:6072
msgid "Commons, John R."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:6052
+#: freeculture.xml:6044
msgid ""
"Some people object to this way of talking about \"liberty.\" They object "
"because their focus when considering the constraints that exist at any "
"of ordinary life. I don't mean to deny the value in this narrower view, "
"which depends upon the context of the inquiry. I do, however, mean to argue "
"against any insistence that this narrower view is the only proper view of "
-"liberty. As I argued in Code, we come from a long tradition of political "
-"thought with a broader focus than the narrow question of what the government "
-"did when. John Stuart Mill defended freedom of speech, for example, from "
-"the tyranny of narrow minds, not from the fear of government prosecution; "
-"John Stuart Mill, On Liberty (Indiana: Hackett Publishing Co., 1978), 19. "
-"John R. Commons famously defended the economic freedom of labor from "
-"constraints imposed by the market; John R. Commons, \"The Right to Work,\" "
-"in Malcom Rutherford and Warren J. Samuels, eds., John R. Commons: Selected "
-"Essays (London: Routledge: 1997), 62. The Americans with Disabilities Act "
-"increases the liberty of people with physical disabilities by changing the "
-"architecture of certain public places, thereby making access to those places "
-"easier; 42 United States Code, section 12101 (2000). Each of these "
-"interventions to change existing conditions changes the liberty of a "
-"particular group. The effect of those interventions should be accounted for "
-"in order to understand the effective liberty that each of these groups might "
-"face. <placeholder type=\"indexterm\" id=\"0\"/>"
+"liberty. As I argued in <citetitle>Code</citetitle>, we come from a long "
+"tradition of political thought with a broader focus than the narrow question "
+"of what the government did when. John Stuart Mill defended freedom of "
+"speech, for example, from the tyranny of narrow minds, not from the fear of "
+"government prosecution; John Stuart Mill, <citetitle>On Liberty</citetitle> "
+"(Indiana: Hackett Publishing Co., 1978), 19. John R. Commons famously "
+"defended the economic freedom of labor from constraints imposed by the "
+"market; John R. Commons, \"The Right to Work,\" in Malcom Rutherford and "
+"Warren J. Samuels, eds., <citetitle>John R. Commons: Selected "
+"Essays</citetitle> (London: Routledge: 1997), 62. The Americans with "
+"Disabilities Act increases the liberty of people with physical disabilities "
+"by changing the architecture of certain public places, thereby making access "
+"to those places easier; 42 <citetitle>United States Code</citetitle>, "
+"section 12101 (2000). Each of these interventions to change existing "
+"conditions changes the liberty of a particular group. The effect of those "
+"interventions should be accounted for in order to understand the effective "
+"liberty that each of these groups might face. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:6044
+#: freeculture.xml:6036
msgid ""
"These constraints can thus change, and they can be changed. To understand "
"the effective protection of liberty or protection of property at any "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:6084
+#: freeculture.xml:6076
msgid "Why Hollywood Is Right"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6086
+#: freeculture.xml:6078
msgid ""
"The most obvious point that this model reveals is just why, or just how, "
"Hollywood is right. The copyright warriors have rallied Congress and the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6092
+#: freeculture.xml:6084
msgid "Let's say this is the picture of copyright's regulation before the Internet:"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:6096 freeculture.xml:6397
+#: freeculture.xml:6088 freeculture.xml:6389
msgid "Copyright's regulation before the Internet."
msgstr ""
#. PAGE BREAK 136
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6101
+#: freeculture.xml:6093
msgid ""
"There is balance between law, norms, market, and architecture. The law "
"limits the ability to copy and share content, by imposing penalties on those "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6113
+#: freeculture.xml:6105
msgid ""
"Enter the Internet, or, more precisely, technologies such as MP3s and p2p "
"sharing. Now the constraint of architecture changes dramatically, as does "
#. PAGE BREAK 137
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6121
+#: freeculture.xml:6113
msgid ""
"Thus the sense of, and justification for, the warriors' response. "
"Technology has changed, the warriors say, and the effect of this change, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:6131
+#: freeculture.xml:6123
msgid "effective state of anarchy after the Internet."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:6132
+#: freeculture.xml:6124
msgid "<graphic fileref=\"images/1381.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6135
+#: freeculture.xml:6127
msgid ""
"Neither this analysis nor the conclusions that follow are new to the "
"warriors. Indeed, in a \"White Paper\" prepared by the Commerce Department "
#. PAGE BREAK 138
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6147
+#: freeculture.xml:6139
msgid ""
"This mixed strategy is just what copyright needed—if it was to "
"preserve the particular balance that existed before the change induced by "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6164
+#: freeculture.xml:6156
msgid ""
"Thus, there's nothing wrong or surprising in the content industry's campaign "
"to protect itself from the harmful consequences of a technological "
#. f5
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6180
+#: freeculture.xml:6172
msgid ""
"See Geoffrey Smith, \"Film vs. Digital: Can Kodak Build a Bridge?\" "
"BusinessWeek online, 2 August 1999, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6172
+#: freeculture.xml:6164
msgid ""
"But just because a particular interest asks for government support, it "
"doesn't follow that support should be granted. And just because technology "
"cameras.<placeholder type=\"footnote\" id=\"0\"/> Does anyone believe the "
"government should ban digital cameras just to support Kodak? Highways have "
"weakened the freight business for railroads. Does anyone think we should ban "
-"trucks from roads for the purpose of protecting the railroads? Closer to the "
-"subject of this book, remote channel changers have weakened the "
-"\"stickiness\" of television advertising (if a boring commercial comes on "
-"the TV, the remote makes it easy to surf ), and it may well be that this "
-"change has weakened the television advertising 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?)"
+"trucks from roads <emphasis>for the purpose of</emphasis> protecting the "
+"railroads? Closer to the subject of this book, remote channel changers have "
+"weakened the \"stickiness\" of television advertising (if a boring "
+"commercial comes on the TV, the remote makes it easy to surf ), and it may "
+"well be that this change has weakened the television advertising 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?)"
msgstr ""
#. f6
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6212
-msgid "Fred Warshofsky, The Patent Wars (New York: Wiley, 1994), 170–71."
+#: freeculture.xml:6204
+msgid ""
+"Fred Warshofsky, <citetitle>The Patent Wars</citetitle> (New York: Wiley, "
+"1994), 170–71."
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:6221 freeculture.xml:12601
+#: freeculture.xml:6213 freeculture.xml:12572
msgid "Gates, Bill"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6202
+#: freeculture.xml:6194
msgid ""
"The obvious answer to these obviously rhetorical questions is no. In a free "
"society, with a free market, supported by free enterprise and free trade, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6224
+#: freeculture.xml:6216
msgid ""
"Thus, while it is understandable for industries threatened with new "
"technologies that change the way they do business to look to the government "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6234
+#: freeculture.xml:6226
msgid ""
"In the context of laws regulating speech—which include, obviously, "
"copyright law—that duty is even stronger. When the industry "
#. PAGE BREAK 140
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6248
+#: freeculture.xml:6240
msgid ""
"My argument just now, however, has nothing to do with whether the changes "
"that are being pushed by the copyright warriors are \"justified.\" My "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6257
+#: freeculture.xml:6249
msgid "Here's the metaphor that will capture the argument to follow."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:6260
+#: freeculture.xml:6252
msgid "DDT"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:6268
+#: freeculture.xml:6260
msgid "Müller, Paul Hermann"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6263
+#: freeculture.xml:6255
msgid ""
"In 1873, the chemical DDT was first synthesized. In 1948, Swiss chemist Paul "
"Hermann Müller won the Nobel Prize for his work demonstrating the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6271
+#: freeculture.xml:6263
msgid ""
"No one doubts that killing disease-carrying pests or increasing crop "
"production is a good thing. No one doubts that the work of Müller was "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:6275 freeculture.xml:6281
+#: freeculture.xml:6267 freeculture.xml:6273
msgid "Carson, Rachel"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:6282
+#: freeculture.xml:6274
msgid "Silent Sprint (Carson)"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6277
+#: freeculture.xml:6269
msgid ""
-"But in 1962, Rachel Carson published Silent Spring, 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. <placeholder type=\"indexterm\" "
-"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"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. <placeholder "
+"
type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6285
+#: freeculture.xml:6277
msgid ""
"No one set out to destroy the environment. Paul Müller certainly did not aim "
"to harm any birds. But the effort to solve one set of problems produced "
#. f7
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6298
+#: freeculture.xml:6290
msgid ""
"See, for example, James Boyle, \"A Politics of Intellectual Property: "
-"Environmentalism for the Net?\" Duke Law Journal 47 (1997): 87."
+"Environmentalism for the Net?\" <citetitle>Duke Law Journal</citetitle> 47 "
+"(1997): 87."
msgstr ""
#. PAGE BREAK 141
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6294
+#: freeculture.xml:6286
msgid ""
"It is to this image precisely that Duke University law professor James Boyle "
"appeals when he argues that we need an \"environmentalism\" for "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6315
+#: freeculture.xml:6307
msgid ""
"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 effect on "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6326
+#: freeculture.xml:6318
msgid ""
"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."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:6333
+#: freeculture.xml:6325
msgid "Beginnings"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6335
+#: freeculture.xml:6327
msgid ""
"America copied English copyright law. Actually, we copied and improved "
"English copyright law. Our Constitution makes the purpose of \"creative "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6341
+#: freeculture.xml:6333
msgid ""
"The power to establish \"creative property\" rights is granted to Congress "
"in a way that, for our Constitution, at least, is very odd. Article I, "
#. PAGE BREAK 142
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6346
+#: freeculture.xml:6338
msgid ""
"Congress has the power to promote the Progress of Science and useful Arts, "
"by securing for limited Times to Authors and Inventors the exclusive Right "
"to their respective Writings and Discoveries. We can call this the "
"\"Progress Clause,\" for notice what this clause does not say. It does not "
"say Congress has the power to grant \"creative property rights.\" It says "
-"that Congress has the power to promote progress. The grant of power is its "
-"purpose, and its purpose is a public one, not the purpose of enriching "
-"publishers, nor even primarily the purpose of rewarding authors."
+"that Congress has the power <emphasis>to promote progress</emphasis>. The "
+"grant of power is its purpose, and its purpose is a public one, not the "
+"purpose of enriching publishers, nor even primarily the purpose of rewarding "
+"authors."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6359
+#: freeculture.xml:6351
msgid ""
"The Progress Clause expressly limits the term of copyrights. As we saw in "
"chapter 6, the English limited the term of copyright so as to assure that a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6368
+#: freeculture.xml:6360
msgid ""
"The design of the Progress Clause reflects something about the "
"Constitution's design in general. To avoid a problem, the framers built "
"federal government, they built structures to reinforce the power of the "
"states—including the Senate, whose members were at the time selected "
"by the states, and an electoral college, also selected by the states, to "
-"select the president. In each case, a structure built checks and balances "
-"into the constitutional frame, structured to prevent otherwise inevitable "
-"concentrations of power."
+"select the president. In each case, a <emphasis>structure</emphasis> built "
+"checks and balances into the constitutional frame, structured to prevent "
+"otherwise inevitable concentrations of power."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6383
+#: freeculture.xml:6375
msgid ""
"I doubt the framers would recognize the regulation we call \"copyright\" "
"today. The scope of that regulation is far beyond anything they ever "
#. PAGE BREAK 143
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6390
+#: freeculture.xml:6382
msgid ""
"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 particular "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6401
+#: freeculture.xml:6393
msgid "We will end here:"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:6404
+#: freeculture.xml:6396
msgid ""Copyright" today."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:6405
+#: freeculture.xml:6397
msgid "<graphic fileref=\"images/1442.png\"></graphic>"
msgstr ""
#. PAGE BREAK 144
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6408
+#: freeculture.xml:6400
msgid "Let me explain how."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:6413
+#: freeculture.xml:6405
msgid "Law: Duration"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6428
+#: freeculture.xml:6421
msgid "Crosskey, William W."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6423
+#: freeculture.xml:6415
msgid ""
-"William W. Crosskey, Politics and the Constitution in the History of the "
-"United States (London: Cambridge University Press, 1953), vol. 1, "
-"485–86: \"extinguish[ing], by plain implication of `the supreme Law of "
-"the Land,' the perpetual rights which authors had, or were supposed by some "
-"to have, under the Common Law\" (emphasis added). <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"William W. Crosskey, <citetitle>Politics and the Constitution in the History "
+"of the United States</citetitle> (London: Cambridge University Press, 1953), "
+"vol. 1, 485–86: \"extinguish[ing], by plain implication of `the "
+"supreme Law of the Land,' <emphasis>the perpetual rights which authors had, "
+"or were supposed by some to have, under the Common Law</emphasis>\" "
+"(emphasis added). <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6415
+#: freeculture.xml:6407
msgid ""
"When the first Congress enacted laws to protect creative property, it faced "
"the same uncertainty about the status of creative property that the English "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6438
+#: freeculture.xml:6431
msgid ""
"That uncertainty ended after Congress passed legislation granting "
"copyrights. Because federal law overrides any contrary state law, federal "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6446
+#: freeculture.xml:6439
msgid ""
"In 1790, Congress enacted the first copyright law. It created a federal "
"copyright and secured that copyright for fourteen years. If the author was "
#. f9
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6461
+#: freeculture.xml:6454
msgid ""
"Although 13,000 titles were published in the United States from 1790 to "
-"1799, only 556 copyright registrations were filed; John Tebbel, A History of "
-"Book Publishing in the United States, vol. 1, The Creation of an Industry, "
-"1630–1865 (New York: Bowker, 1972), 141. Of the 21,000 imprints "
-"recorded before 1790, only twelve were copyrighted under the 1790 act; "
-"William J. Maher, Copyright Term, Retrospective Extension and the Copyright "
-"Law of 1790 in Historical Context, 7–10 (2002), available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #25</ulink>. Thus, the "
+"1799, only 556 copyright registrations were filed; John Tebbel, <citetitle>A "
+"History of Book Publishing in the United States</citetitle>, vol. 1, "
+"<citetitle>The Creation of an Industry, 1630–1865</citetitle> (New "
+"York: Bowker, 1972), 141. Of the 21,000 imprints recorded before 1790, only "
+"twelve were copyrighted under the 1790 act; William J. Maher, "
+"<citetitle>Copyright Term, Retrospective Extension and the Copyright Law of "
+"1790 in Historical Context</citetitle>, 7–10 (2002), available at "
+"<ulink url=\"http://free-culture.cc/notes/\">link #25</ulink>. Thus, the "
"overwhelming majority of works fell immediately into the public domain. Even "
"those works that were copyrighted fell into the public domain quickly, "
"because the term of copyright was short. The initial term of copyright was "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6453
+#: freeculture.xml:6446
msgid ""
"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 registered "
#. PAGE BREAK 145
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6477
+#: freeculture.xml:6470
msgid ""
"This system of renewal was a crucial part of the American system of "
"copyright. It assured that the maximum terms of copyright would be granted "
#. f10
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6492
+#: freeculture.xml:6485
msgid ""
"Few copyright holders ever chose to renew their copyrights. For instance, of "
"the 25,006 copyrights registered in 1883, only 894 were renewed in 1910. For "
"a year-by-year analysis of copyright renewal rates, see Barbara A. Ringer, "
-"\"Study No. 31: Renewal of Copyright,\" Studies on Copyright, vol. 1 (New "
-"York: Practicing Law Institute, 1963), 618. For a more recent and "
-"comprehensive analysis, see William M. Landes and Richard A. Posner, "
-"\"Indefinitely Renewable Copyright,\" University of Chicago Law Review 70 "
-"(2003): 471, 498–501, and accompanying figures."
+"\"Study No. 31: Renewal of Copyright,\" <citetitle>Studies on "
+"Copyright</citetitle>, vol. 1 (New York: Practicing Law Institute, 1963), "
+"618. For a more recent and comprehensive analysis, see William M. Landes and "
+"Richard A. Posner, \"Indefinitely Renewable Copyright,\" "
+"<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, "
+"498–501, and accompanying figures."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6486
+#: freeculture.xml:6479
msgid ""
"Fourteen years may not seem long to us, but for the vast majority of "
"copyright owners at that time, it was long enough: Only a small minority of "
#. f11
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6507
+#: freeculture.xml:6500
msgid "See Ringer, ch. 9, n. 2."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6503
+#: freeculture.xml:6496
msgid ""
"Even today, this structure would make sense. Most creative work has an "
"actual commercial life of just a couple of years. Most books fall out of "
"print after one year.<placeholder type=\"footnote\" id=\"0\"/> When that "
"happens, the used books are traded free of copyright regulation. Thus the "
-"books are no longer effectively controlled by copyright. The only practical "
-"commercial use of the books at that time is to sell the books as used books; "
-"that use—because it does not involve publication—is effectively "
-"free."
+"books are no longer <emphasis>effectively</emphasis> controlled by "
+"copyright. The only practical commercial use of the books at that time is to "
+"sell the books as used books; that use—because it does not involve "
+"publication—is effectively free."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6515
+#: freeculture.xml:6508
msgid ""
"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 years to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6523
+#: freeculture.xml:6516
msgid ""
"Then, beginning in 1962, Congress started a practice that has defined "
"copyright law since. Eleven times in the last forty years, Congress has "
#. PAGE BREAK 146
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6533
+#: freeculture.xml:6526
msgid ""
"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 public "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6544
+#: freeculture.xml:6537
msgid ""
"The effect of these extensions has been exacerbated by another, "
"little-noticed change in the copyright law. Remember I said that the framers "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6554
+#: freeculture.xml:6547
msgid ""
"The United States abandoned this sensible system in 1976. For all works "
"created after 1978, there was only one copyright term—the maximum "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6564
+#: freeculture.xml:6557
msgid ""
"This change meant that American law no longer had an automatic way to assure "
"that works that were no longer exploited passed into the public domain. And "
#. f12
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6581
+#: freeculture.xml:6574
msgid ""
"These statistics are understated. Between the years 1910 and 1962 (the first "
"year the renewal term was extended), the average term was never more than "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6573
+#: freeculture.xml:6566
msgid ""
"The effect of these changes on the average duration of copyright is "
"dramatic. In 1973, more than 85 percent of copyright owners failed to renew "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:6590
+#: freeculture.xml:6583
msgid "Law: Scope"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6592
+#: freeculture.xml:6585
msgid ""
"The \"scope\" of a copyright is the range of rights granted by the law. The "
"scope of American copyright has changed dramatically. Those changes are not "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6598
+#: freeculture.xml:6591
msgid ""
"In 1790, that scope was very narrow. Copyright covered only \"maps, charts, "
"and books.\" That means it didn't cover, for example, music or "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6611
+#: freeculture.xml:6604
msgid ""
"This, too, has changed dramatically. While the contours of copyright today "
"are extremely hard to describe simply, in general terms, the right covers "
#. PAGE BREAK 148
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6626
+#: freeculture.xml:6619
msgid ""
"At the same time that the scope of copyright has expanded, procedural "
"limitations on the right have been relaxed. I've already described the "
"there was a requirement that a work be registered before it could receive "
"the protection of a copyright. There was also a requirement that any "
"copyrighted work be marked either with that famous © or the word "
-"copyright. And for most of the history of American copyright law, there was "
-"a requirement that works be deposited with the government before a copyright "
-"could be secured."
+"<emphasis>copyright</emphasis>. And for most of the history of American "
+"copyright law, there was a requirement that works be deposited with the "
+"government before a copyright could be secured."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6639
+#: freeculture.xml:6633
msgid ""
"The reason for the registration requirement was the sensible understanding "
"that for most works, no copyright was required. Again, in the first ten "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6653
+#: freeculture.xml:6647
msgid ""
"All of these \"formalities\" were abolished in the American system when we "
"decided to follow European copyright law. There is no requirement that you "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6661
+#: freeculture.xml:6655
msgid "Consider a practical example to understand the scope of these differences."
msgstr ""
#. f13
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6672
+#: freeculture.xml:6666
msgid ""
"See Thomas Bender and David Sampliner, \"Poets, Pirates, and the Creation of "
-"American Literature,\" 29 New York University Journal of International Law "
-"and Politics 255 (1997), and James Gilraeth, ed., Federal Copyright Records, "
-"1790–1800 (U.S. G.P.O., 1987)."
+"American Literature,\" 29 <citetitle>New York University Journal of "
+"International Law and Politics</citetitle> 255 (1997), and James Gilraeth, "
+"ed., Federal Copyright Records, 1790–1800 (U.S. G.P.O., 1987)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6665
+#: freeculture.xml:6659
msgid ""
"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 against another "
#. PAGE BREAK 149
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6685
+#: freeculture.xml:6678
msgid ""
"The act left other creators totally unregulated. If I copied your poem by "
"hand, over and over again, as a way to learn it by heart, my act was totally "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6695
+#: freeculture.xml:6687
msgid ""
"Today the story is very different: If you write a book, your book is "
"automatically protected. Indeed, not just your book. Every e-mail, every "
-"note to your spouse, every doodle, every creative act that's reduced to a "
-"tangible form—all of this is automatically copyrighted. There is no "
-"need to register or mark your work. The protection follows the creation, not "
-"the steps you take to protect it."
+"note to your spouse, every doodle, <emphasis>every</emphasis> creative act "
+"that's reduced to a tangible form—all of this is automatically "
+"copyrighted. There is no need to register or mark your work. The protection "
+"follows the creation, not the steps you take to protect it."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6704
+#: freeculture.xml:6696
msgid ""
"That protection gives you the right (subject to a narrow range of fair use "
"exceptions) to control how others copy the work, whether they copy it to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6709
+#: freeculture.xml:6701
msgid ""
"That much is the obvious part. Any system of copyright would control "
"competing publishing. But there's a second part to the copyright of today "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6723
+#: freeculture.xml:6715
msgid ""
"It is this derivative right that would seem most bizarre to our framers, "
"though it has become second nature to us. Initially, this expansion was "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6746
+#: freeculture.xml:6737
msgid ""
-"Jonathan Zittrain, \"The Copyright Cage,\" Legal Affairs, July/August 2003, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link #26</ulink>. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"Jonathan Zittrain, \"The Copyright Cage,\" <citetitle>Legal "
+"Affairs</citetitle>, July/August 2003, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #26</ulink>. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6736
+#: freeculture.xml:6727
msgid ""
"In preventing that joke, the law created an astonishing power within a free "
"culture—at least, it's astonishing when you understand that the law "
"applies not just to the commercial publisher but to anyone with a "
"computer. I understand the wrong in duplicating and selling someone else's "
-"work. But whatever that wrong is, transforming someone else's work is a "
-"different wrong. Some view transformation as no wrong at all—they "
-"believe that our law, as the framers penned it, should not protect "
-"derivative rights at all.<placeholder type=\"footnote\" id=\"0\"/> Whether "
-"or not you go that far, it seems plain that whatever wrong is involved is "
-"fundamentally different from the wrong of direct piracy."
+"work. But whatever <emphasis>that</emphasis> wrong is, transforming someone "
+"else's work is a different wrong. Some view transformation as no wrong at "
+"all—they believe that our law, as the framers penned it, should not "
+"protect derivative rights at all.<placeholder type=\"footnote\" id=\"0\"/> "
+"Whether or not you go that far, it seems plain that whatever wrong is "
+"involved is fundamentally different from the wrong of direct piracy."
msgstr ""
#. f15
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6762
+#: freeculture.xml:6752
msgid ""
"Professor Rubenfeld has presented a powerful constitutional argument about "
"the difference that copyright law should draw (from the perspective of the "
"First Amendment) between mere \"copies\" and derivative works. See Jed "
"Rubenfeld, \"The Freedom of Imagination: Copyright's Constitutionality,\" "
-"Yale Law Journal 112 (2002): 1–60 (see especially pp. 53–59)."
+"<citetitle>Yale Law Journal</citetitle> 112 (2002): 1–60 (see "
+"especially pp. 53–59)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6756
+#: freeculture.xml:6747
msgid ""
"Yet copyright law treats these two different wrongs in the same way. I can "
"go to court and get an injunction against your pirating my book. I can go to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6773
+#: freeculture.xml:6763
msgid ""
"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 it without "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6782
+#: freeculture.xml:6772
msgid ""
"These are good arguments, and, in general, my point is not that the "
"derivative right is unjustified. My aim just now is much narrower: simply to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:6790
+#: freeculture.xml:6780
msgid "Law and Architecture: Reach"
msgstr ""
#. f16
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6797
+#: freeculture.xml:6787
msgid ""
"This is a simplification of the law, but not much of one. The law certainly "
"regulates more than \"copies\"—a public performance of a copyrighted "
"song, for example, is regulated even though performance per se doesn't make "
-"a copy; 17 United States Code, section 106(4). And it certainly sometimes "
-"doesn't regulate a \"copy\"; 17 United States Code, section 112(a). But the "
-"presumption under the existing law (which regulates \"copies;\" 17 United "
-"States Code, section 102) is that if there is a copy, there is a right."
+"a copy; 17 <citetitle>United States Code</citetitle>, section 106(4). And it "
+"certainly sometimes doesn't regulate a \"copy\"; 17 <citetitle>United States "
+"Code</citetitle>, section 112(a). But the presumption under the existing law "
+"(which regulates \"copies;\" 17 <citetitle>United States Code</citetitle>, "
+"section 102) is that if there is a copy, there is a right."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6792
+#: freeculture.xml:6782
msgid ""
"Whereas originally the law regulated only publishers, the change in "
"copyright's scope means that the law today regulates publishers, users, and "
#. PAGE BREAK 151
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6809
+#: freeculture.xml:6799
msgid ""
-"\"Copies.\" That certainly sounds like the obvious thing for copyright law "
-"to regulate. But as with Jack Valenti's argument at the start of this "
-"chapter, that \"creative property\" deserves the \"same rights\" as all "
-"other property, it is the obvious that we need to be most careful about. For "
+"\"Copies.\" That certainly sounds like the obvious thing for "
+"<emphasis>copy</emphasis>right law to regulate. But as with Jack Valenti's "
+"argument at the start of this chapter, that \"creative property\" deserves "
+"the \"same rights\" as all other property, it is the "
+"<emphasis>obvious</emphasis> that we need to be most careful about. For "
"while it may be obvious that in the world before the Internet, copies were "
"the obvious trigger for copyright law, upon reflection, it should be obvious "
-"that in the world with the Internet, copies should not be the trigger for "
-"copyright law. More precisely, they should not always be the trigger for "
-"copyright law."
+"that in the world with the Internet, 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."
msgstr ""
#. f17
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6825
+#: freeculture.xml:6817
msgid ""
"Thus, my argument is not that in each place that copyright law extends, we "
"should repeal it. It is instead that we should have a good argument for its "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6820
+#: freeculture.xml:6812
msgid ""
"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 Internet "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6836
+#: freeculture.xml:6828
msgid ""
"We can see this point abstractly by beginning with this largely empty "
"circle."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:6840
+#: freeculture.xml:6832
msgid "All potential uses of a book."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:6841
+#: freeculture.xml:6833
msgid "<graphic fileref=\"images/1521.png\"></graphic>"
msgstr ""
#. PAGE BREAK 152
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6845
+#: freeculture.xml:6837
msgid ""
"Think about a book in real space, and imagine this circle to represent all "
-"its potential uses. Most of these uses are unregulated by copyright law, "
-"because the uses don't create a copy. If you read a book, that act is not "
-"regulated by copyright law. If you give someone the book, that act is not "
-"regulated by copyright law. If you resell a book, that act is not regulated "
-"(copyright law expressly states that after the first sale of a book, the "
-"copyright owner can impose no further conditions on the disposition of the "
-"book). If you sleep on the book or use it to hold up a lamp or let your "
-"puppy chew it up, those acts are not regulated by copyright law, because "
-"those acts do not make a copy."
+"its potential <emphasis>uses</emphasis>. Most of these uses are unregulated "
+"by copyright law, because the uses don't create a copy. If you read a book, "
+"that act is not regulated by copyright law. If you give someone the book, "
+"that act is not regulated by copyright law. If you resell a book, that act "
+"is not regulated (copyright law expressly states that after the first sale "
+"of a book, the copyright owner can impose no further conditions on the "
+"disposition of the book). If you sleep on the book or use it to hold up a "
+"lamp or let your puppy chew it up, those acts are not regulated by copyright "
+"law, because those acts do not make a copy."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:6858
+#: freeculture.xml:6850
msgid "Examples of unregulated uses of a book."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:6859
+#: freeculture.xml:6851
msgid "<graphic fileref=\"images/1531.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6862
+#: freeculture.xml:6854
msgid ""
"Obviously, however, some uses of a copyrighted book are regulated by "
"copyright law. Republishing the book, for example, makes a copy. It is "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6870
+#: freeculture.xml:6862
msgid ""
"Finally, there is a tiny sliver of otherwise regulated copying uses that "
"remain unregulated because the law considers these \"fair uses.\""
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:6875
+#: freeculture.xml:6867
msgid ""
"Republishing stands at the core of this circle of possible uses of a "
"copyrighted work."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:6876
+#: freeculture.xml:6868
msgid "<graphic fileref=\"images/1541.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6879
+#: freeculture.xml:6871
msgid ""
"These are uses that themselves involve copying, but which the law treats as "
"unregulated because public policy demands that they remain unregulated. You "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:6890
+#: freeculture.xml:6882
msgid "Unregulated copying considered "fair uses.""
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:6891
+#: freeculture.xml:6883
msgid "<graphic fileref=\"images/1542.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:6895
+#: freeculture.xml:6887
msgid ""
"Uses that before were presumptively unregulated are now presumptively "
"regulated."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:6896
+#: freeculture.xml:6888
msgid "<graphic fileref=\"images/1551.png\"></graphic>"
msgstr ""
#. PAGE BREAK 154
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6900
+#: freeculture.xml:6892
msgid ""
"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 "
#. f18
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:6908
+#: freeculture.xml:6900
msgid ""
"I don't mean \"nature\" in the sense that it couldn't be different, but "
"rather that its present instantiation entails a copy. Optical networks need "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6905
+#: freeculture.xml:6897
msgid ""
"Enter the Internet—a distributed, digital network where every use of a "
"copyrighted work produces a copy.<placeholder type=\"footnote\" id=\"0\"/> "
#. PAGE BREAK 155
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6929
+#: freeculture.xml:6921
msgid ""
"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 be no "
-"plausible copyright-related argument that the copyright owner could make to "
-"control that use of her book. Copyright law would have nothing to say about "
-"whether you read the book once, ten times, or every night before you went to "
-"bed. None of those instances of use—reading— could be regulated "
-"by copyright law because none of those uses produced a copy."
+"plausible <emphasis>copyright</emphasis>-related argument that the copyright "
+"owner could make to control that use of her book. Copyright law would have "
+"nothing to say about whether you read the book once, ten times, or every "
+"night before you went to bed. None of those instances of "
+"use—reading— could be regulated by copyright law because none of "
+"those uses produced a copy."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6942
+#: freeculture.xml:6934
msgid ""
"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 only once or "
-"only once a month, then copyright law would aid the copyright owner in "
-"exercising this degree of control, because of the accidental feature of "
-"copyright law that triggers its application upon there being a copy. Now if "
-"you read the book ten times and the license says you may read it only five "
-"times, then whenever you read the book (or any portion of it) beyond the "
-"fifth time, you are making a copy of the book contrary to the copyright "
-"owner's wish."
+"only once a month, then <emphasis>copyright law</emphasis> would aid the "
+"copyright owner in exercising this degree of control, because of the "
+"accidental feature of copyright law that triggers its application upon there "
+"being a copy. Now if you read the book ten times and the license says you "
+"may read it only five times, then whenever you read the book (or any portion "
+"of it) beyond the fifth time, you are making a copy of the book contrary to "
+"the copyright owner's wish."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6956
+#: freeculture.xml:6946
msgid ""
"There are some people who think this makes perfect sense. My aim just now is "
"not to argue about whether it makes sense or not. My aim is only to make "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6962
+#: freeculture.xml:6952
msgid ""
"First, making category 1 disappear is not anything any policy maker ever "
"intended. Congress did not think through the collapse of the presumptively "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6972
+#: freeculture.xml:6960
msgid ""
"Second, this shift is especially troubling in the context of transformative "
"uses of creative content. Again, we can all understand the wrong in "
-"commercial piracy. But the law now purports to regulate any transformation "
-"you make of creative work using a machine. \"Copy and paste\" and \"cut and "
-"paste\" become crimes. Tinkering with a story and releasing it to others "
-"exposes the tinkerer to at least a requirement of justification. However "
-"troubling the expansion with respect to copying a particular work, it is "
-"extraordinarily troubling with respect to transformative uses of creative "
-"work."
+"commercial piracy. But the law now purports to regulate "
+"<emphasis>any</emphasis> transformation you make of creative work using a "
+"machine. \"Copy and paste\" and \"cut and paste\" become crimes. Tinkering "
+"with a story and releasing it to others exposes the tinkerer to at least a "
+"requirement of justification. However troubling the expansion with respect "
+"to copying a particular work, it is extraordinarily troubling with respect "
+"to transformative uses of creative work."
msgstr ""
#. PAGE BREAK 156
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:6988
+#: freeculture.xml:6972
msgid ""
"Third, this shift from category 1 to category 2 puts an extraordinary burden "
"on category 3 (\"fair use\") that fair use never before had to bear. If a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7003
+#: freeculture.xml:6987
msgid ""
"This point about fair use is totally ignored, even by advocates for free "
"culture. We have been cornered into arguing that our rights depend upon fair "
"use—never even addressing the earlier question about the expansion in "
"effective regulation. A thin protection grounded in fair use makes sense "
-"when the vast majority of uses are unregulated. But when everything becomes "
-"presumptively regulated, then the protections of fair use are not enough."
+"when the vast majority of uses are <emphasis>unregulated</emphasis>. But "
+"when everything becomes presumptively regulated, then the protections of "
+"fair use are not enough."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7014
+#: freeculture.xml:6997
msgid ""
"The case of Video Pipeline is a good example. Video Pipeline was in the "
"business of making \"trailer\" advertisements for movies available to video "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7021
+#: freeculture.xml:7004
msgid ""
"The company did this for about fifteen years. Then, in 1997, it began to "
"think about the Internet as another way to distribute these previews. The "
#. PAGE BREAK 157
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7033
+#: freeculture.xml:7016
msgid ""
"In 1998, Video Pipeline informed Disney and other film distributors that it "
"intended to distribute the trailers through the Internet (rather than "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7050
+#: freeculture.xml:7033
msgid ""
"Disney countersued—for $100 million in damages. Those damages were "
"predicated upon a claim that Video Pipeline had \"willfully infringed\" on "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7062
+#: freeculture.xml:7045
msgid ""
"Disney has the right to control its property, of course. But the video "
"stores that were selling Disney's films also had some sort of right to be "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7071
+#: freeculture.xml:7054
msgid ""
"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 that gives "
#. PAGE BREAK 158
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7086
+#: freeculture.xml:7069
msgid ""
"No doubt, a potential is not yet an abuse, and so the potential for control "
"is not yet the abuse of control. Barnes & Noble has the right to say you "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7101
+#: freeculture.xml:7084
msgid ""
"Again, my aim so far is simply to map the changes that this changed "
"architecture enables. Enabling technology to enforce the control of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:7110
+#: freeculture.xml:7093
msgid "Architecture and Law: Force"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7112
+#: freeculture.xml:7095
msgid ""
"The disappearance of unregulated uses would be change enough, but a second "
"important change brought about by the Internet magnifies its "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7118
+#: freeculture.xml:7101
msgid ""
"In the world before digital technology, it was generally the law that "
"controlled whether and how someone was regulated by copyright law. The law, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:7125
+#: freeculture.xml:7108
msgid "Casablanca"
msgstr ""
#. f19
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7134
+#: freeculture.xml:7117
msgid ""
-"See David Lange, \"Recognizing the Public Domain,\" Law and Contemporary "
-"Problems 44 (1981): 172–73."
+"See David Lange, \"Recognizing the Public Domain,\" <citetitle>Law and "
+"Contemporary Problems</citetitle> 44 (1981): 172–73."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7127
+#: freeculture.xml:7110
msgid ""
"There's a famous story about a battle between the Marx Brothers and Warner "
-"Brothers. The Marxes intended to make a parody of Casablanca. Warner "
-"Brothers objected. They wrote a nasty letter to the Marxes, warning them "
-"that there would be serious legal consequences if they went forward with "
-"their plan.<placeholder type=\"footnote\" id=\"0\"/>"
+"Brothers. The Marxes intended to make a parody of "
+"<citetitle>Casablanca</citetitle>. Warner Brothers objected. They wrote a "
+"nasty letter to the Marxes, warning them that there would be serious legal "
+"consequences if they went forward with their plan.<placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7143
+#: freeculture.xml:7126
msgid ""
-"Ibid. See also Vaidhyanathan, Copyrights and Copywrongs, 1–3. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"Ibid. See also Vaidhyanathan, <citetitle>Copyrights and "
+"Copywrongs</citetitle>, 1–3. <placeholder type=\"indexterm\" "
+"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7139
+#: freeculture.xml:7122
msgid ""
"This led the Marx Brothers to respond in kind. They warned Warner Brothers "
"that the Marx Brothers \"were brothers long before you were.\"<placeholder "
"type=\"footnote\" id=\"0\"/> The Marx Brothers therefore owned the word "
-"brothers, and if Warner Brothers insisted on trying to control Casablanca, "
-"then the Marx Brothers would insist on control over brothers."
+"<citetitle>brothers</citetitle>, and if Warner Brothers insisted on trying "
+"to control <citetitle>Casablanca</citetitle>, then the Marx Brothers would "
+"insist on control over <citetitle>brothers</citetitle>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7151
+#: freeculture.xml:7134
msgid ""
"An absurd and hollow threat, of course, because Warner Brothers, like the "
"Marx Brothers, knew that no court would ever enforce such a silly "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7157
+#: freeculture.xml:7140
msgid ""
"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 machine: "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7168
+#: freeculture.xml:7151
msgid "Consider the life of my Adobe eBook Reader."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7171
+#: freeculture.xml:7154
msgid ""
"An e-book is a book delivered in electronic form. An Adobe eBook is not a "
"book that Adobe has published; Adobe simply produces the software that "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7178
+#: freeculture.xml:7161
msgid "On the next page is a picture of an old version of my Adobe eBook Reader."
msgstr ""
#. PAGE BREAK 160
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7182
+#: freeculture.xml:7165
msgid ""
"As you can see, I have a small collection of e-books within this e-book "
"library. Some of these books reproduce content that is in the public domain: "
-"Middlemarch, for example, is in the public domain. Some of them reproduce "
-"content that is not in the public domain: My own book The Future of Ideas is "
-"not yet within the public domain. Consider Middlemarch first. If you click "
-"on my e-book copy of Middlemarch, you'll see a fancy cover, and then a "
-"button at the bottom called Permissions."
+"<citetitle>Middlemarch</citetitle>, for example, is in the public domain. "
+"Some of them reproduce content that is not in the public domain: My own book "
+"<citetitle>The Future of Ideas</citetitle> is not yet within the public "
+"domain. Consider <citetitle>Middlemarch</citetitle> first. If you click on "
+"my e-book copy of <citetitle>Middlemarch</citetitle>, you'll see a fancy "
+"cover, and then a button at the bottom called Permissions."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:7193
+#: freeculture.xml:7176
msgid "Picture of an old version of Adobe eBook Reader"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:7194
+#: freeculture.xml:7177
msgid "<graphic fileref=\"images/1611.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7197
+#: freeculture.xml:7180
msgid ""
"If you click on the Permissions button, you'll see a list of the permissions "
"that the publisher purports to grant with this book."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:7201
+#: freeculture.xml:7184
msgid "List of the permissions that the publisher purports to grant."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:7202
+#: freeculture.xml:7185
msgid "<graphic fileref=\"images/1612.png\"></graphic>"
msgstr ""
#. PAGE BREAK 161
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7206
+#: freeculture.xml:7189
msgid ""
"According to my eBook Reader, I have the permission to copy to the clipboard "
"of the computer ten text selections every ten days. (So far, I've copied no "
"text to the clipboard.) I also have the permission to print ten pages from "
"the book every ten days. Lastly, I have the permission to use the Read Aloud "
-"button to hear Middlemarch read aloud through the computer."
+"button to hear <citetitle>Middlemarch</citetitle> read aloud through the "
+"computer."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7222
+#: freeculture.xml:7197
msgid ""
"Here's the e-book for another work in the public domain (including the "
-"translation): Aristotle's Politics."
+"translation): Aristotle's <citetitle>Politics</citetitle>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:7226
+#: freeculture.xml:7201
msgid "E-book of Aristotle;s "Politics""
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:7227
+#: freeculture.xml:7202
msgid "<graphic fileref=\"images/1621.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7230
+#: freeculture.xml:7205
msgid ""
"According to its permissions, no printing or copying is permitted at "
"all. But fortunately, you can use the Read Aloud button to hear the book."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:7235
+#: freeculture.xml:7210
msgid "List of the permissions for Aristotle;s "Politics"."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:7236
+#: freeculture.xml:7211
msgid "<graphic fileref=\"images/1622.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7239
+#: freeculture.xml:7214
msgid ""
"Finally (and most embarrassingly), here are the permissions for the original "
-"e-book version of my last book, The Future of Ideas:"
+"e-book version of my last book, <citetitle>The Future of Ideas</citetitle>:"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:7244
+#: freeculture.xml:7219
msgid "List of the permissions for "The Future of Ideas"."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:7245
+#: freeculture.xml:7220
msgid "<graphic fileref=\"images/1631.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7248
+#: freeculture.xml:7223
msgid "No copying, no printing, and don't you dare try to listen to this book!"
msgstr ""
#. f21
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7258
+#: freeculture.xml:7233
msgid ""
"In principle, a contract might impose a requirement on me. I might, for "
"example, buy a book from you that includes a contract that says I will read "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7251
+#: freeculture.xml:7226
msgid ""
"Now, the Adobe eBook Reader calls these controls \"permissions\"— as "
"if the publisher has the power to control how you use these works. For "
"works under copyright, the copyright owner certainly does have the "
"power—up to the limits of the copyright law. But for work not under "
"copyright, there is no such copyright power.<placeholder type=\"footnote\" "
-"id=\"0\"/> When my e-book of Middlemarch says I have the permission to copy "
-"only ten text selections into the memory every ten days, what that really "
-"means is that the eBook Reader has enabled the publisher to control how I "
-"use the book on my computer, far beyond the control that the law would "
-"enable."
+"id=\"0\"/> When my e-book of <citetitle>Middlemarch</citetitle> says I have "
+"the permission to copy only ten text selections into the memory every ten "
+"days, what that really means is that the eBook Reader has enabled the "
+"publisher to control how I use the book on my computer, far beyond the "
+"control that the law would enable."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7273
+#: freeculture.xml:7248
msgid ""
"The control comes instead from the code—from the technology within "
"which the e-book \"lives.\" Though the e-book says that these are "
#. PAGE BREAK 163
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7291
+#: freeculture.xml:7266
msgid ""
-"These are controls, not permissions. Imagine a world where the Marx Brothers "
-"sold word processing software that, when you tried to type \"Warner "
-"Brothers,\" erased \"Brothers\" from the sentence."
+"These are <emphasis>controls</emphasis>, not permissions. Imagine a world "
+"where the Marx Brothers sold word processing software that, when you tried "
+"to type \"Warner Brothers,\" erased \"Brothers\" from the sentence."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7296
+#: freeculture.xml:7272
msgid ""
-"This is the future of copyright law: not so much copyright law as copyright "
-"code. The controls over access to content will not be controls that are "
-"ratified by courts; the controls over access to content will be controls "
-"that are coded by programmers. And whereas the controls that are built into "
-"the law are always to be checked by a judge, the controls that are built "
-"into the technology have no similar built-in check."
+"This is the future of copyright law: not so much copyright "
+"<emphasis>law</emphasis> as copyright <emphasis>code</emphasis>. The "
+"controls over access to content will not be controls that are ratified by "
+"courts; the controls over access to content will be controls that are coded "
+"by programmers. And whereas the controls that are built into the law are "
+"always to be checked by a judge, the controls that are built into the "
+"technology have no similar built-in check."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7304
+#: freeculture.xml:7281
msgid ""
"How significant is this? Isn't it always possible to get around the controls "
"built into the technology? Software used to be sold with technologies that "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7312
+#: freeculture.xml:7289
msgid ""
"We've only scratched the surface of this story. Return to the Adobe eBook "
"Reader."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7316
+#: freeculture.xml:7293
msgid ""
"Early in the life of the Adobe eBook Reader, Adobe suffered a public "
"relations nightmare. Among the books that you could download for free on the "
-"Adobe site was a copy of Alice's Adventures in Wonderland. This wonderful "
-"book is in the public domain. Yet when you clicked on Permissions for that "
-"book, you got the following report:"
+"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:"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:7324
+#: freeculture.xml:7301
msgid "List of the permissions for "Alice's Adventures in Wonderland"."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:7326
+#: freeculture.xml:7303
msgid "<graphic fileref=\"images/1641.png\"></graphic>"
msgstr ""
#. PAGE BREAK 164
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7330
+#: freeculture.xml:7307
msgid ""
"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 \"permissions\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7337
+#: freeculture.xml:7314
msgid ""
"The public relations nightmare attached to that final permission. For the "
"text did not say that you were not permitted to use the Read Aloud button; "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7345
+#: freeculture.xml:7322
msgid ""
"Adobe responded quickly that it was absurd to think that it was trying to "
"restrict the right to read a book aloud. Obviously it was only restricting "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7358
+#: freeculture.xml:7335
msgid ""
"The point is not to blame Adobe. Indeed, Adobe is among the most innovative "
"companies developing strategies to balance open access to content with "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7366
+#: freeculture.xml:7343
msgid ""
"To see the point in a particularly absurd context, consider a favorite story "
"of mine that makes the same point."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:7370
+#: freeculture.xml:7347
msgid "Aibo robotic dog"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7373
+#: freeculture.xml:7350
msgid ""
"Consider the robotic dog made by Sony named \"Aibo.\" The Aibo learns "
"tricks, cuddles, and follows you around. It eats only electricity and that "
#. PAGE BREAK 165
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7378
+#: freeculture.xml:7355
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7387
+#: freeculture.xml:7364
msgid ""
"\"Teach\" here has a special meaning. Aibos are just cute computers. You "
"teach a computer how to do something by programming it differently. So to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7395
+#: freeculture.xml:7372
msgid ""
-"If you're not a programmer or don't know many programmers, the word hack 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, hack is a much more positive term. Hack 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7407
+#: freeculture.xml:7384
msgid ""
"Some hacks are easy. Some are unbelievably hard. Hackers as a community like "
"to challenge themselves and others with increasingly difficult "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7414
+#: freeculture.xml:7391
msgid ""
"The Aibo fan was displaying a bit of both when he hacked the program and "
"offered to the world a bit of code that would enable the Aibo to dance "
#. PAGE BREAK 166
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7422
+#: freeculture.xml:7399
msgid ""
"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, is it "
"dance jazz. Nor is it a crime to teach your dog to dance jazz. Nor should it "
"be a crime (though we don't have a lot to go on here) to teach your robot "
"dog to dance jazz. Dancing jazz is a completely legal activity. One imagines "
-"that the owner of aibopet.com thought, What possible problem could there be "
-"with teaching a robot dog to dance?"
+"that the owner of aibopet.com thought, <emphasis>What possible problem could "
+"there be with teaching a robot dog to dance?</emphasis>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7438
+#: freeculture.xml:7415
msgid ""
"Let's put the dog to sleep for a minute, and turn to a pony show— not "
"literally a pony show, but rather a paper that a Princeton academic named Ed "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:7461 freeculture.xml:9883
+#: freeculture.xml:7438 freeculture.xml:9864
msgid "Electronic Frontier Foundation"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7451
+#: freeculture.xml:7428
msgid ""
"See Pamela Samuelson, \"Anticircumvention Rules: Threat to Science,\" "
-"Science 293 (2001): 2028; Brendan I. Koerner, \"Play Dead: Sony Muzzles the "
-"Techies Who Teach a Robot Dog New Tricks,\" American Prospect, January 2002; "
-"\"Court Dismisses Computer Scientists' Challenge to DMCA,\" Intellectual "
-"Property Litigation Reporter, 11 December 2001; Bill Holland, \"Copyright "
-"Act Raising Free-Speech Concerns,\" Billboard, May 2001; Janelle Brown, \"Is "
-"the RIAA Running Scared?\" Salon.com, April 2001; Electronic Frontier "
-"Foundation, \"Frequently Asked Questions about Felten and USENIX v. RIAA "
+"<citetitle>Science</citetitle> 293 (2001): 2028; Brendan I. Koerner, \"Play "
+"Dead: Sony Muzzles the Techies Who Teach a Robot Dog New Tricks,\" "
+"<citetitle>American Prospect</citetitle>, January 2002; \"Court Dismisses "
+"Computer Scientists' Challenge to DMCA,\" <citetitle>Intellectual Property "
+"Litigation Reporter</citetitle>, 11 December 2001; Bill Holland, \"Copyright "
+"Act Raising Free-Speech Concerns,\" <citetitle>Billboard</citetitle>, May "
+"2001; Janelle Brown, \"Is the RIAA Running Scared?\" Salon.com, April 2001; "
+"Electronic Frontier Foundation, \"Frequently Asked Questions about "
+"<citetitle>Felten and USENIX</citetitle> v. <citetitle>RIAA</citetitle> "
"Legal Case,\" available at <ulink url=\"http://free-culture.cc/notes/\">link "
"#27</ulink>. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7449
+#: freeculture.xml:7426
msgid ""
"But Felten's bravery was really tested in April 2001.<placeholder "
"type=\"footnote\" id=\"0\"/> He and a group of colleagues were working on a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7469
+#: freeculture.xml:7446
msgid ""
"The SDMI coalition had as its goal a technology to enable content owners to "
"exercise much better control over their content than the Internet, as it "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7479
+#: freeculture.xml:7456
msgid ""
"When SDMI thought it was close to a standard, it set up a competition. In "
"exchange for providing contestants with the code to an SDMI-encrypted bit of "
#. PAGE BREAK 167
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7486
+#: freeculture.xml:7463
msgid ""
"Felten and his team figured out the encryption system quickly. He and the "
"team saw the weakness of this system as a type: Many encryption systems "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7492
+#: freeculture.xml:7469
msgid ""
"Let's review just what Felten was doing. Again, this is the United "
"States. We have a principle of free speech. We have this principle not just "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7500
+#: freeculture.xml:7477
msgid ""
"What Felten and his colleagues were doing was publishing a paper describing "
"the weakness in a technology. They were not spreading free music, or "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7508
+#: freeculture.xml:7485
msgid ""
"What links these two, aibopet.com and Felten, is the letters they then "
"received. Aibopet.com received a letter from Sony about the aibopet.com "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:7515
+#: freeculture.xml:7492
msgid ""
"Your site contains information providing the means to circumvent AIBO-ware's "
"copy protection protocol constituting a violation of the anti-circumvention "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7521
+#: freeculture.xml:7498
msgid ""
"And though an academic paper describing the weakness in a system of "
"encryption should also be perfectly legal, Felten received a letter from an "
#. PAGE BREAK 168
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:7527
+#: freeculture.xml:7504
msgid ""
"Any disclosure of information gained from participating in the Public "
"Challenge would be outside the scope of activities permitted by the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7535
+#: freeculture.xml:7512
msgid ""
"In both cases, this weirdly Orwellian law was invoked to control the spread "
"of information. The Digital Millennium Copyright Act made spreading such "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7540
+#: freeculture.xml:7517
msgid ""
"The DMCA was enacted as a response to copyright owners' first fear about "
"cyberspace. The fear was that copyright control was effectively dead; the "
"response was to find technologies that might compensate. These new "
"technologies would be copyright protection technologies— technologies "
"to control the replication and distribution of copyrighted material. They "
-"were designed as code to modify the original code of the Internet, to "
-"reestablish some protection for copyright owners."
+"were designed as <emphasis>code</emphasis> to modify the original "
+"<emphasis>code</emphasis> of the Internet, to reestablish some protection "
+"for copyright owners."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7549
+#: freeculture.xml:7528
msgid ""
"The DMCA was a bit of law intended to back up the protection of this code "
-"designed to protect copyrighted material. It was, we could say, legal code "
-"intended to buttress software code which itself was intended to support the "
-"legal code of copyright."
+"designed to protect copyrighted material. It was, we could say, "
+"<emphasis>legal code</emphasis> intended to buttress <emphasis>software "
+"code</emphasis> which itself was intended to support the <emphasis>legal "
+"code of copyright</emphasis>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7555
+#: freeculture.xml:7535
msgid ""
"But the DMCA was not designed merely to protect copyrighted works to the "
"extent copyright law protected them. Its protection, that is, did not end at "
#. PAGE BREAK 169
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7564
+#: freeculture.xml:7544
msgid ""
"Aibopet.com and Felten make the point. The Aibo hack circumvented a "
"copyright protection system for the purpose of enabling the dog to dance "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7576
+#: freeculture.xml:7556
msgid ""
"The threat against Felten was more attenuated, but it followed the same line "
"of reasoning. By publishing a paper describing how a copyright protection "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7584
+#: freeculture.xml:7564
msgid ""
"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 the VCR could "
"be banned because it was a copyright-infringing technology: It enabled "
"consumers to copy films without the permission of the copyright owner. No "
"doubt there were uses of the technology that were legal: Fred Rogers, aka "
-"\"Mr. Rogers,\" for example, had testified in that case that he wanted "
-"people to feel free to tape Mr. Rogers' Neighborhood."
+"\"<citetitle>Mr. Rogers</citetitle>,\" for example, had testified in that "
+"case that he wanted people to feel free to tape Mr. Rogers' Neighborhood."
msgstr ""
#. f23
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:7610
+#: freeculture.xml:7590
msgid ""
-"Sony Corporation of America v. Universal City Studios, Inc., 464 U.S. 417, "
-"455 fn. 27 (1984). Rogers never changed his view about the VCR. See James "
-"Lardner, Fast Forward: Hollywood, the Japanese, and the Onslaught of the VCR "
+"<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 the VCR</citetitle> "
"(New York: W. W. Norton, 1987), 270–71."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:7595
+#: freeculture.xml:7575
msgid ""
"Some public stations, as well as commercial stations, program the "
"\"Neighborhood\" at hours when some children cannot use it. I think that "
#. PAGE BREAK 170
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7619
+#: freeculture.xml:7599
msgid ""
"Even though there were uses that were legal, because there were some uses "
"that were illegal, the court held the companies producing the VCR "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7624
+#: freeculture.xml:7604
msgid "This led Conrad to draw the cartoon below, which we can adopt to the DMCA."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7628
+#: freeculture.xml:7608
msgid "No argument I have can top this picture, but let me try to get close."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7631
+#: freeculture.xml:7611
msgid ""
"The anticircumvention provisions of the DMCA target copyright circumvention "
"technologies. Circumvention technologies can be used for different "
#. PAGE BREAK 171
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7639
+#: freeculture.xml:7619
msgid ""
"A handgun can be used to shoot a police officer or a child. Most would agree "
"such a use is bad. Or a handgun can be used for target practice or to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:7647
+#: freeculture.xml:7627
msgid "VCR/handgun cartoon."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:7648
+#: freeculture.xml:7628
msgid "<graphic fileref=\"images/1711.png\"></graphic>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7651
+#: freeculture.xml:7631
msgid ""
"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 circumvention "
-"technologies) are illegal. Flash: No one ever died from copyright "
-"circumvention. 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."
+"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."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7659
+#: freeculture.xml:7639
msgid ""
"The Aibo and RIAA examples demonstrate how copyright owners are changing the "
"balance that copyright law grants. Using code, copyright owners restrict "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7667
+#: freeculture.xml:7647
msgid ""
-"This is how code becomes law. The controls built into the technology of copy "
-"and access protection become rules the violation of which is also a "
-"violation of the law. In this way, the code extends the law—increasing "
-"its regulation, even if the subject it regulates (activities that would "
-"otherwise plainly constitute fair use) is beyond the reach of the law. Code "
-"becomes law; code extends the law; code thus extends the control that "
-"copyright owners effect—at least for those copyright holders with the "
-"lawyers who can write the nasty letters that Felten and aibopet.com "
-"received."
+"This is how <emphasis>code</emphasis> becomes <emphasis>law</emphasis>. The "
+"controls built into the technology of copy and access protection become "
+"rules the violation of which is also a violation of the law. In this way, "
+"the code extends the law—increasing its regulation, even if the "
+"subject it regulates (activities that would otherwise plainly constitute "
+"fair use) is beyond the reach of the law. Code becomes law; code extends the "
+"law; code thus extends the control that copyright owners effect—at "
+"least for those copyright holders with the lawyers who can write the nasty "
+"letters that Felten and aibopet.com received."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7677
+#: freeculture.xml:7659
msgid ""
"There is one final aspect of the interaction between architecture and law "
"that contributes to the force of copyright's regulation. This is the ease "
#. f24
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7696
+#: freeculture.xml:7678
msgid ""
"For an early and prescient analysis, see Rebecca Tushnet, \"Legal Fictions, "
-"Copyright, Fan Fiction, and a New Common Law,\" Loyola of Los Angeles "
-"Entertainment Law Journal 17 (1997): 651."
+"Copyright, Fan Fiction, and a New Common Law,\" <citetitle>Loyola of Los "
+"Angeles Entertainment Law Journal</citetitle> 17 (1997): 651."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7690
+#: freeculture.xml:7672
msgid ""
-"For example, imagine you were part of a Star Trek fan club. You gathered "
-"every month to share trivia, and maybe to enact a kind of fan fiction about "
-"the show. One person would play Spock, another, Captain Kirk. The characters "
-"would begin with a plot from a real story, then simply continue "
-"it.<placeholder type=\"footnote\" id=\"0\"/>"
+"For example, imagine you were part of a <citetitle>Star Trek</citetitle> fan "
+"club. You gathered every month to share trivia, and maybe to enact a kind of "
+"fan fiction about the show. One person would play Spock, another, Captain "
+"Kirk. The characters would begin with a plot from a real story, then simply "
+"
continue it.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7702
+#: freeculture.xml:7684
msgid ""
"Before the Internet, this was, in effect, a totally unregulated activity. "
"No matter what happened inside your club room, you would never be interfered "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7709
+#: freeculture.xml:7691
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7719
+#: freeculture.xml:7701
msgid ""
"This change in the effective force of the law is caused by a change in the "
"ease with which the law can be enforced. That change too shifts the law's "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:7728
+#: freeculture.xml:7710
msgid "Market: Concentration"
msgstr ""
#. PAGE BREAK 173
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7730
+#: freeculture.xml:7712
msgid ""
"So copyright's duration has increased dramatically—tripled in the past "
"thirty years. And copyright's scope has increased as well—from "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7748
+#: freeculture.xml:7730
msgid ""
"Still, in my view, all of these changes would not matter much if it weren't "
"for one more change that we must also consider. This is a change that is in "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7755
+#: freeculture.xml:7737
msgid ""
"This is the change in the concentration and integration of the media. In "
"the past twenty years, the nature of media ownership has undergone a radical "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7766
+#: freeculture.xml:7748
msgid "These changes are of two sorts: the scope of concentration, and its nature."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:7769
+#: freeculture.xml:7751
msgid "BMG"
msgstr ""
#. f25
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7775
+#: freeculture.xml:7757
msgid ""
"FCC Oversight: Hearing Before the Senate Commerce, Science and "
"Transportation Committee, 108th Cong., 1st sess. (22 May 2003) (statement "
#. f26
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7782
+#: freeculture.xml:7764
msgid ""
"Lynette Holloway, \"Despite a Marketing Blitz, CD Sales Continue to Slide,\" "
-"New York Times, 23 December 2002."
+"<citetitle>New York Times</citetitle>, 23 December 2002."
msgstr ""
#. f27
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7788
+#: freeculture.xml:7770
msgid ""
-"Molly Ivins, \"Media Consolidation Must Be Stopped,\" Charleston Gazette, 31 "
-"May 2003."
+"Molly Ivins, \"Media Consolidation Must Be Stopped,\" <citetitle>Charleston "
+"Gazette</citetitle>, 31 May 2003."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:7791
+#: freeculture.xml:7773
msgid "McCain, John"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7771
+#: freeculture.xml:7753
msgid ""
"Changes in scope are the easier ones to describe. As Senator John McCain "
"summarized the data produced in the FCC's review of media ownership, \"five "
#. PAGE BREAK 174
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7794
+#: freeculture.xml:7776
msgid ""
"The story with radio is even more dramatic. Before deregulation, the "
"nation's largest radio broadcasting conglomerate owned fewer than "
-"seventy-five stations. Today one company owns more than 1,200 stations. "
-"During that period of consolidation, the total number of radio owners "
-"dropped by 34 percent. Today, in most 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."
+"seventy-five stations. Today <emphasis>one</emphasis> company owns more than "
+"1,200 stations. During that period of consolidation, the total number of "
+"radio owners dropped by 34 percent. Today, in most 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7805
+#: freeculture.xml:7787
msgid ""
"Newspaper ownership is becoming more concentrated as well. Today, there are "
"six hundred fewer daily newspapers in the United States than there were "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:7819 freeculture.xml:7836
+#: freeculture.xml:7801 freeculture.xml:7818
msgid "Fallows, James"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7816
+#: freeculture.xml:7798
msgid ""
"Concentration in size alone is one thing. The more invidious change is in "
"the nature of that concentration. As author James Fallows put it in a recent "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:7834
+#: freeculture.xml:7816
msgid ""
-"James Fallows, \"The Age of Murdoch,\" Atlantic Monthly (September 2003): "
-"89. <placeholder type=\"indexterm\" id=\"0\"/>"
+"James Fallows, \"The Age of Murdoch,\" <citetitle>Atlantic "
+"Monthly</citetitle> (September 2003): 89. <placeholder type=\"indexterm\" "
+"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:7823
+#: freeculture.xml:7805
msgid ""
"Murdoch's companies now constitute a production system unmatched in its "
"integration. They supply content—Fox movies . . . Fox TV shows "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7841
+#: freeculture.xml:7823
msgid ""
"The pattern with Murdoch is the pattern of modern media. Not just large "
"companies owning many radio stations, but a few companies owning as many "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure><title>
-#: freeculture.xml:7847
+#: freeculture.xml:7829
msgid "Pattern of modern media ownership."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><figure>
-#: freeculture.xml:7848
+#: freeculture.xml:7830
msgid "<graphic fileref=\"images/1761.png\"></graphic>"
msgstr ""
#. PAGE BREAK 175
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7852
+#: freeculture.xml:7834
msgid ""
"Does this concentration matter? Will it affect what is made, or what is "
"distributed? Or is it merely a more efficient way to produce and distribute "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7857
+#: freeculture.xml:7839
msgid ""
"My view was that concentration wouldn't matter. I thought it was nothing "
"more than a more efficient financial structure. But now, after reading and "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7863
+#: freeculture.xml:7845
msgid ""
"Here's a representative story that begins to suggest how this integration "
"may matter."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:7866
+#: freeculture.xml:7848
msgid "Lear, Norman"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:7868 freeculture.xml:7932
+#: freeculture.xml:7850 freeculture.xml:7914
msgid "All in the Family"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7870
+#: freeculture.xml:7852
msgid ""
-"In 1969, Norman Lear created a pilot for All in the Family. He took the "
-"pilot to ABC. The network didn't like it. It was too edgy, they told "
-"Lear. Make it again. Lear made a second pilot, more edgy than the first. ABC "
-"was exasperated. You're missing the point, they told Lear. We wanted less "
-"edgy, not more."
+"In 1969, Norman Lear created a pilot for <citetitle>All in the "
+"Family</citetitle>. He took the pilot to ABC. The network didn't like it. It "
+"was too edgy, they told Lear. Make it again. Lear made a second pilot, more "
+"edgy than the first. ABC was exasperated. You're missing the point, they "
+"told Lear. We wanted less edgy, not more."
msgstr ""
#. f29
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7882
+#: freeculture.xml:7864
msgid ""
"Leonard Hill, \"The Axis of Access,\" remarks before Weidenbaum Center "
"Forum, \"Entertainment Economics: The Movie Industry,\" St. Louis, Missouri, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7877
+#: freeculture.xml:7859
msgid ""
"Rather than comply, Lear simply took the show elsewhere. CBS was happy to "
"have the series; ABC could not stop Lear from walking. The copyrights that "
#. PAGE BREAK 176
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7894
+#: freeculture.xml:7876
msgid ""
"The network did not control those copyrights because the law forbade the "
"networks from controlling the content they syndicated. The law required a "
#. f30
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7913
+#: freeculture.xml:7895
msgid ""
"NewsCorp./DirecTV Merger and Media Consolidation: Hearings on Media "
"Ownership Before the Senate Commerce Committee, 108th Cong., 1st "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7903
+#: freeculture.xml:7885
msgid ""
"In 1994, the FCC abandoned the rules that required this independence. After "
"that change, the networks quickly changed the balance. In 1985, there were "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7934
+#: freeculture.xml:7916
msgid ""
-"Today, another Norman Lear with another All in the Family would 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."
+"Today, another Norman Lear with another <citetitle>All in the "
+"Family</citetitle> would 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."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:7943
+#: freeculture.xml:7925
msgid "Diller, Barry"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:7944
+#: freeculture.xml:7926
msgid "Moyers, Bill"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7940
+#: freeculture.xml:7922
msgid ""
"While the number of channels has increased dramatically, the ownership of "
"those channels has narrowed to an ever smaller and smaller few. As Barry "
#. f32
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:7957
+#: freeculture.xml:7939
msgid ""
-"\"Barry Diller Takes on Media Deregulation,\" Now with Bill Moyers, Bill "
-"Moyers, 25 April 2003, edited transcript available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #31</ulink>."
+"\"Barry Diller Takes on Media Deregulation,\" <citetitle>Now with Bill "
+"Moyers</citetitle>, Bill Moyers, 25 April 2003, edited transcript available "
+"at <ulink url=\"http://free-culture.cc/notes/\">link #31</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:7948
+#: freeculture.xml:7930
msgid ""
"Well, if you have companies that produce, that finance, that air on their "
"channel and then distribute worldwide everything that goes through their "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7964
+#: freeculture.xml:7946
msgid ""
"This narrowing has an effect on what is produced. The product of such large "
"and concentrated networks is increasingly homogenous. Increasingly "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:7975
+#: freeculture.xml:7957
msgid "Clark, Kim B."
msgstr ""
#. f33
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:7984
+#: freeculture.xml:7966
msgid ""
-"Clayton M. Christensen, The Innovator's Dilemma: The Revolutionary National "
-"Bestseller that Changed the Way We Do Business (Cambridge: Harvard Business "
-"School Press, 1997). Christensen acknowledges that the idea was first "
-"suggested by Dean Kim Clark. See Kim B. Clark, \"The Interaction of Design "
-"Hierarchies and Market Concepts in Technological Evolution,\" Research "
-"Policy 14 (1985): 235–51. For a more recent study, see Richard Foster "
-"and Sarah Kaplan, Creative Destruction: Why Companies That Are Built to Last "
-"Underperform the Market—and How to Successfully Transform Them (New "
-"York: Currency/Doubleday, 2001)."
+"Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The "
+"Revolutionary National Bestseller that Changed the Way We Do "
+"Business</citetitle> (Cambridge: Harvard Business School Press, "
+"1997). Christensen acknowledges that the idea was first suggested by Dean "
+"Kim Clark. See Kim B. Clark, \"The Interaction of Design Hierarchies and "
+"Market Concepts in Technological Evolution,\" <citetitle>Research "
+"Policy</citetitle> 14 (1985): 235–51. For a more recent study, see "
+"Richard Foster and Sarah Kaplan, <citetitle>Creative Destruction: Why "
+"Companies That Are Built to Last Underperform the Market—and How to "
+"Successfully Transform Them</citetitle> (New York: Currency/Doubleday, "
+"2001)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:7977
+#: freeculture.xml:7959
msgid ""
"Economics itself offers a parallel that explains why this integration "
"affects creativity. Clay Christensen has written about the \"Innovator's "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8001
+#: freeculture.xml:7983
msgid ""
"I don't think we know enough about the economics of the media market to say "
"with certainty what concentration and integration will do. The efficiencies "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8007
+#: freeculture.xml:7989
msgid ""
"But there is a quintessentially obvious example that does strongly suggest "
"the concern."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8011
+#: freeculture.xml:7993
msgid ""
"In addition to the copyright wars, we're in the middle of the drug "
"wars. Government policy is strongly directed against the drug cartels; "
#. PAGE BREAK 178
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8016
+#: freeculture.xml:7998
msgid ""
"Let me hereby disqualify myself from any possible appointment to any "
"position in government by saying I believe this war is a profound mistake. I "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8035
+#: freeculture.xml:8017
msgid ""
"You may not be convinced. That's fine. We live in a democracy, and it is "
"through votes that we are to choose policy. But to do that, we depend "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8041
+#: freeculture.xml:8023
msgid ""
"Beginning in 1998, the Office of National Drug Control Policy launched a "
"media campaign as part of the \"war on drugs.\" The campaign produced scores "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8053
+#: freeculture.xml:8035
msgid ""
"Fair enough. It's a good ad. Not terribly misleading. It delivers its "
"message well. It's a fair and reasonable message."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8057
+#: freeculture.xml:8039
msgid ""
"But let's say you think it is a wrong message, and you'd like to run a "
"countercommercial. Say you want to run a series of ads that try to "
#. PAGE BREAK 179
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8063
+#: freeculture.xml:8045
msgid ""
"Well, obviously, these ads cost lots of money. Assume you raise the "
"money. Assume a group of concerned citizens donates all the money in the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8104
+#: freeculture.xml:8086
msgid "Comcast"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8105
+#: freeculture.xml:8087
msgid "Marijuana Policy Project"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8106
+#: freeculture.xml:8088
msgid "WJOA"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:8080
+#: freeculture.xml:8062
msgid ""
"The Marijuana Policy Project, in February 2003, sought to place ads that "
"directly responded to the Nick and Norm series on stations within the "
"the collected fees. Interview with Neal Levine, 15 October 2003. These "
"restrictions are, of course, not limited to drug policy. See, for example, "
"Nat Ives, \"On the Issue of an Iraq War, Advocacy Ads Meet with Rejection "
-"from TV Networks,\" New York Times, 13 March 2003, C4. Outside of "
-"election-related air time there is very little that the FCC or the courts "
-"are willing to do to even the playing field. For a general overview, see "
-"Rhonda Brown, \"Ad Hoc Access: The Regulation of Editorial Advertising on "
-"Television and Radio,\" Yale Law and Policy Review 6 (1988): 449–79, "
-"and for a more recent summary of the stance of the FCC and the courts, see "
-"Radio-Television News Directors Association v. FCC, 184 F. 3d 872 "
-"(D.C. Cir. 1999). Municipal authorities exercise the same authority as the "
-"networks. In a recent example from San Francisco, the San Francisco transit "
-"authority rejected an ad that criticized its Muni diesel buses. Phillip "
-"Matier and Andrew Ross, \"Antidiesel Group Fuming After Muni Rejects Ad,\" "
-"SFGate.com, 16 June 2003, available at <ulink "
+"from TV Networks,\" <citetitle>New York Times</citetitle>, 13 March 2003, "
+"C4. Outside of election-related air time there is very little that the FCC "
+"or the courts are willing to do to even the playing field. For a general "
+"overview, see Rhonda Brown, \"Ad Hoc Access: The Regulation of Editorial "
+"Advertising on Television and Radio,\" <citetitle>Yale Law and Policy "
+"Review</citetitle> 6 (1988): 449–79, and for a more recent summary of "
+"the stance of the FCC and the courts, see <citetitle>Radio-Television News "
+"Directors Association</citetitle> v. <citetitle>FCC</citetitle>, 184 F. 3d "
+"872 (D.C. Cir. 1999). Municipal authorities exercise the same authority as "
+"the networks. In a recent example from San Francisco, the San Francisco "
+"transit authority rejected an ad that criticized its Muni diesel "
+"buses. Phillip Matier and Andrew Ross, \"Antidiesel Group Fuming After Muni "
+"Rejects Ad,\" SFGate.com, 16 June 2003, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #32</ulink>. The ground was that "
"the criticism was \"too controversial.\" <placeholder type=\"indexterm\" "
"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8070
+#: freeculture.xml:8052
msgid ""
"No. You cannot. Television stations have a general policy of avoiding "
"\"controversial\" ads. Ads sponsored by the government are deemed "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8110
+#: freeculture.xml:8092
msgid ""
"I'd be happy to defend the networks' rights, as well—if we lived in a "
"media market that was truly diverse. But concentration in the media throws "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:8122
+#: freeculture.xml:8104
msgid "Together"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8124
+#: freeculture.xml:8106
msgid ""
"There is something innocent and obvious about the claim of the copyright "
"warriors that the government should \"protect my property.\" In the "
#. PAGE BREAK 180
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8130
+#: freeculture.xml:8112
msgid ""
"But when we see how dramatically this \"property\" has changed— when "
"we recognize how it might now interact with both technology and markets to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8146
+#: freeculture.xml:8128
msgid ""
"Not starkly. Or absolutely. My point is not that we should abolish copyright "
"or go back to the eighteenth century. That would be a total mistake, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8152
+#: freeculture.xml:8134
msgid ""
"But there is a space between zero and one, Internet culture "
"notwithstanding. And these massive shifts in the effective power of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8164
+#: freeculture.xml:8146
msgid ""
"Copyright law has not been a rock of Gibraltar. It's not a set of constant "
"commitments that, for some mysterious reason, teenagers and geeks now "
"time, as the technologies of distribution and creation have changed and as "
"lobbyists have pushed for more control by copyright holders. Changes in the "
"past in response to changes in technology suggest that we may well need "
-"similar changes in the future. And these changes have to be reductions in "
-"the scope of copyright, in response to the extraordinary increase in control "
-"that technology and the market enable."
+"similar changes in the future. And these changes have to be "
+"<emphasis>reductions</emphasis> in the scope of copyright, in response to "
+"the extraordinary increase in control that technology and the market enable."
msgstr ""
#. PAGE BREAK 181
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8176
+#: freeculture.xml:8158
msgid ""
"For the single point that is lost in this war on pirates is a point that we "
"see only after surveying the range of these changes. When you add together "
"the effect of changing law, concentrated markets, and changing technology, "
-"together they produce an astonishing conclusion: Never in our history have "
-"fewer had a legal right to control more of the development of our culture "
-"than now."
+"together they produce an astonishing conclusion: <emphasis>Never in our "
+"history have fewer had a legal right to control more of the development of "
+"our culture than now</emphasis>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:8199
+#: freeculture.xml:8182
msgid ""
"Siva Vaidhyanathan captures a similar point in his \"four surrenders\" of "
"copyright law in the digital age. See Vaidhyanathan, 159–60. "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8185
+#: freeculture.xml:8167
msgid ""
"Not when copyrights were perpetual, for when copyrights were perpetual, they "
"affected only that precise creative work. Not when only publishers had the "
"tools to publish, for the market then was much more diverse. Not when there "
"were only three television networks, for even then, newspapers, film "
"studios, radio stations, and publishers were independent of the "
-"networks. Never has copyright protected such a wide range of rights, against "
-"as broad a range of actors, for a term that was remotely as long. This form "
-"of regulation—a tiny regulation of a tiny part of the creative energy "
-"of a nation at the founding—is now a massive regulation of the overall "
-"creative process. Law plus technology plus the market now interact to turn "
-"this historically benign regulation into the most significant regulation of "
-"culture that our free society has known.<placeholder type=\"footnote\" "
-"id=\"0\"/>"
+"networks. <emphasis>Never</emphasis> has copyright protected such a wide "
+"range of rights, against as broad a range of actors, for a term that was "
+"remotely as long. This form of regulation—a tiny regulation of a tiny "
+"part of the creative energy of a nation at the founding—is now a "
+"massive regulation of the overall creative process. Law plus technology plus "
+"the market now interact to turn this historically benign regulation into the "
+"most significant regulation of culture that our free society has "
+"known.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8205
+#: freeculture.xml:8188
msgid "This has been a long chapter. Its point can now be briefly stated."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8208
+#: freeculture.xml:8191
msgid ""
"At the start of this book, I distinguished between commercial and "
"noncommercial culture. In the course of this chapter, I have distinguished "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry>
-#: freeculture.xml:8221 freeculture.xml:8259
+#: freeculture.xml:8204 freeculture.xml:8242
msgid "PUBLISH"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry>
-#: freeculture.xml:8222 freeculture.xml:8260 freeculture.xml:8299 freeculture.xml:8332
+#: freeculture.xml:8205 freeculture.xml:8243 freeculture.xml:8282 freeculture.xml:8315
msgid "TRANSFORM"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:8227 freeculture.xml:8265 freeculture.xml:8304 freeculture.xml:8337
+#: freeculture.xml:8210 freeculture.xml:8248 freeculture.xml:8287 freeculture.xml:8320
msgid "Commercial"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:8228 freeculture.xml:8266 freeculture.xml:8267 freeculture.xml:8305 freeculture.xml:8306 freeculture.xml:8338 freeculture.xml:8339 freeculture.xml:8343 freeculture.xml:8344
+#: freeculture.xml:8211 freeculture.xml:8249 freeculture.xml:8250 freeculture.xml:8288 freeculture.xml:8289 freeculture.xml:8321 freeculture.xml:8322 freeculture.xml:8326 freeculture.xml:8327
msgid "©"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:8229 freeculture.xml:8233 freeculture.xml:8234 freeculture.xml:8271 freeculture.xml:8272 freeculture.xml:8311
+#: freeculture.xml:8212 freeculture.xml:8216 freeculture.xml:8217 freeculture.xml:8254 freeculture.xml:8255 freeculture.xml:8294
msgid "Free"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:8232 freeculture.xml:8270 freeculture.xml:8309 freeculture.xml:8342
+#: freeculture.xml:8215 freeculture.xml:8253 freeculture.xml:8292 freeculture.xml:8325
msgid "Noncommercial"
msgstr ""
#. PAGE BREAK 182
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8241
+#: freeculture.xml:8224
msgid ""
"The act of publishing a map, chart, and book was regulated by copyright "
"law. Nothing else was. Transformations were free. And as copyright attached "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8250
+#: freeculture.xml:8233
msgid "By the end of the nineteenth century, the law had changed to this:"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8279
+#: freeculture.xml:8262
msgid ""
"Derivative works were now regulated by copyright law—if published, "
"which again, given the economics of publishing at the time, means if offered "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8285
+#: freeculture.xml:8268
msgid ""
"In 1909 the law changed to regulate copies, not publishing, and after this "
"change, the scope of the law was tied to technology. As the technology of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry>
-#: freeculture.xml:8298 freeculture.xml:8331
+#: freeculture.xml:8281 freeculture.xml:8314
msgid "COPY"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry>
-#: freeculture.xml:8310
+#: freeculture.xml:8293
msgid "©/Free"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8318
+#: freeculture.xml:8301
msgid ""
"The law was interpreted to reach noncommercial copying through, say, copy "
"machines, but still much of copying outside of the commercial market "
#. PAGE BREAK 183
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8351
+#: freeculture.xml:8334
msgid ""
"Every realm is governed by copyright law, whereas before most creativity was "
"not. The law now regulates the full range of creativity— commercial or "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8359
+#: freeculture.xml:8342
msgid ""
"Obviously, copyright law is not the enemy. The enemy is regulation that does "
"no good. So the question that we should be asking just now is whether "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8365
+#: freeculture.xml:8348
msgid ""
"I have no doubt that it does good in regulating commercial copying. But I "
"also have no doubt that it does more harm than good when regulating (as it "
#. f36
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:8381
+#: freeculture.xml:8364
msgid ""
"It was the single most important contribution of the legal realist movement "
"to demonstrate that all property rights are always crafted to balance public "
"and private interests. See Thomas C. Grey, \"The Disintegration of "
-"Property,\" in Nomos XXII: Property, J. Roland Pennock and John W. Chapman, "
-"eds. (New York: New York University Press, 1980)."
+"Property,\" in <citetitle>Nomos XXII: Property</citetitle>, J. Roland "
+"Pennock and John W. Chapman, eds. (New York: New York University Press, "
+"1980)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8375
+#: freeculture.xml:8358
msgid ""
"The issue is therefore not simply whether copyright is property. Of course "
"copyright is a kind of \"property,\" and of course, as with any property, "
"need to give authors and artists incentives with the equally important need "
"to assure access to creative work. This balance has always been struck in "
"light of new technologies. And for almost half of our tradition, the "
-"\"copyright\" did not control at all the freedom of others to build upon or "
-"transform a creative work. American culture was born free, and for almost "
-"180 years our country consistently protected a vibrant and rich free "
-"culture."
+"\"copyright\" did not control <emphasis>at all</emphasis> the freedom of "
+"others to build upon or transform a creative work. American culture was born "
+"free, and for almost 180 years our country consistently protected a vibrant "
+"and rich free culture."
msgstr ""
#. PAGE BREAK 184
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8398
+#: freeculture.xml:8381
msgid ""
"We achieved that free culture because our law respected important limits on "
"the scope of the interests protected by \"property.\" The very birth of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8417
+#: freeculture.xml:8400
msgid ""
"Free culture is increasingly the casualty in this war on piracy. In response "
"to a real, if not yet quantified, threat that the technologies of the "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:8434
+#: freeculture.xml:8417
msgid "PUZZLES"
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:8438
+#: freeculture.xml:8421
msgid "CHAPTER ELEVEN: Chimera"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:8440
+#: freeculture.xml:8423
msgid "chimeras"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:8443
+#: freeculture.xml:8426
msgid "Wells, H. G."
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:8446
+#: freeculture.xml:8429
msgid ""Country of the Blind, The" (Wells)"
msgstr ""
#. f1.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:8454
+#: freeculture.xml:8437
msgid ""
-"H. G. Wells, \"The Country of the Blind\" (1904, 1911). See H. G. Wells, The "
-"Country of the Blind and Other Stories, Michael Sherborne, ed. (New York: "
-"Oxford University Press, 1996)."
+"H. G. Wells, \"The Country of the Blind\" (1904, 1911). See H. G. Wells, "
+"<citetitle>The Country of the Blind and Other Stories</citetitle>, Michael "
+"Sherborne, ed. (New York: Oxford University Press, 1996)."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8450
+#: freeculture.xml:8433
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8466
+#: freeculture.xml:8449
msgid ""
"Things don't go quite as he planned. He tries to explain the idea of sight "
"to the villagers. They don't understand. He tells them they are \"blind.\" "
-"They don't have the word blind. They think he's just thick. Indeed, as they "
-"increasingly notice the things he can't do (hear the sound of grass being "
-"stepped on, for example), they increasingly try to control him. He, in turn, "
-"becomes increasingly frustrated. \"`You don't understand,' he cried, in a "
-"voice that was meant to be great and resolute, and which broke. `You are "
-"blind and I can see. Leave me alone!'\""
+"They don't have the word <citetitle>blind</citetitle>. They think he's just "
+"thick. Indeed, as they increasingly notice the things he can't do (hear the "
+"sound of grass being stepped on, for example), they increasingly try to "
+"control him. He, in turn, becomes increasingly frustrated. \"`You don't "
+"understand,' he cried, in a voice that was meant to be great and resolute, "
+"and which broke. `You are blind and I can see. Leave me alone!'\""
msgstr ""
#. PAGE BREAK 187
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8478
+#: freeculture.xml:8461
msgid ""
"The villagers don't leave him alone. Nor do they see (so to speak) the "
"virtue of his special power. Not even the ultimate target of his affection, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8489
+#: freeculture.xml:8472
msgid ""
"When Nunez announces his desire to marry his \"mysteriously delighted\" "
"love, the father and the village object. \"You see, my dear,\" her father "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8495
+#: freeculture.xml:8478
msgid ""
"After a careful examination, the doctor gives his opinion. \"His brain is "
"affected,\" he reports."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8499
+#: freeculture.xml:8482
msgid ""
"\"What affects it?\" the father asks. \"Those queer things that are called "
"the eyes . . . are diseased . . . in such a way as to affect his brain.\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8504
+#: freeculture.xml:8487
msgid ""
"The doctor continues: \"I think I may say with reasonable certainty that in "
"order to cure him completely, all that we need to do is a simple and easy "
#. PAGE BREAK 188
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8510
+#: freeculture.xml:8493
msgid ""
"\"Thank Heaven for science!\" says the father to the doctor. They inform "
"Nunez of this condition necessary for him to be allowed his bride. (You'll "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8527
+#: freeculture.xml:8510
msgid ""
"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 of DNA is that it is "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8535
+#: freeculture.xml:8518
msgid ""
"The more I work to understand the current struggle over copyright and "
"culture, which I've sometimes called unfairly, and sometimes not unfairly "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8549
+#: freeculture.xml:8532
msgid ""
"But the description is also false in part. For when my p2p server is on a "
"p2p network through which anyone can get access to my music, then sure, my "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8558
+#: freeculture.xml:8541
msgid ""
"Likewise, when the other side says, \"File sharing is just like walking into "
"a Tower Records and taking a CD off the shelf and walking out with it,\" "
#. PAGE BREAK 189
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8569
+#: freeculture.xml:8552
msgid ""
"But it is not quite stealing from Tower. After all, when I take a CD from "
"Tower Records, Tower has one less CD to sell. And when I take a CD from "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8579
+#: freeculture.xml:8562
msgid ""
"The point is not that it is as neither side describes. The point is that it "
"is both—both as the RIAA describes it and as Kazaa describes it. It is "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8625 freeculture.xml:9328
+#: freeculture.xml:8608 freeculture.xml:9308
msgid "Berman, Howard L."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:8595
+#: freeculture.xml:8578
msgid ""
"For an excellent summary, see the report prepared by GartnerG2 and the "
"Berkman Center for Internet and Society at Harvard Law School, \"Copyright "
"Conyers Jr. (D-Mich.) and Howard L. Berman (D-Calif.) have introduced a bill "
"that would treat unauthorized on-line copying as a felony offense with "
"punishments ranging as high as five years imprisonment; see Jon Healey, "
-"\"House Bill Aims to Up Stakes on Piracy,\" Los Angeles Times, 17 July 2003, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#34</ulink>. Civil penalties are currently set at $150,000 per copied "
-"song. For a recent (and unsuccessful) legal challenge to the RIAA's demand "
-"that an ISP reveal the identity of a user accused of sharing more than 600 "
-"songs through a family computer, see RIAA v. Verizon Internet Services (In "
-"re. Verizon Internet Services), 240 F. Supp. 2d 24 (D.D.C. 2003). Such a "
-"user could face liability ranging as high as $90 million. Such astronomical "
-"figures furnish the RIAA with a powerful arsenal in its prosecution of file "
-"sharers. Settlements ranging from $12,000 to $17,500 for four students "
-"accused of heavy file sharing on university networks must have seemed a mere "
-"pittance next to the $98 billion the RIAA could seek should the matter "
-"proceed to court. See Elizabeth Young, \"Downloading Could Lead to Fines,\" "
-"redandblack.com, August 2003, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #35</ulink>. For an example of "
-"the RIAA's targeting of student file sharing, and of the subpoenas issued to "
-"universities to reveal student file-sharer identities, see James Collins, "
-"\"RIAA Steps Up Bid to Force BC, MIT to Name Students,\" Boston Globe, 8 "
-"August 2003, D3, available at <ulink "
+"\"House Bill Aims to Up Stakes on Piracy,\" <citetitle>Los Angeles "
+"Times</citetitle>, 17 July 2003, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #34</ulink>. Civil penalties are "
+"currently set at $150,000 per copied song. For a recent (and unsuccessful) "
+"legal challenge to the RIAA's demand that an ISP reveal the identity of a "
+"user accused of sharing more than 600 songs through a family computer, see "
+"<citetitle>RIAA</citetitle> v. <citetitle>Verizon Internet Services (In "
+"re. Verizon Internet Services)</citetitle>, 240 F. Supp. 2d 24 "
+"(D.D.C. 2003). Such a user could face liability ranging as high as $90 "
+"million. Such astronomical figures furnish the RIAA with a powerful arsenal "
+"in its prosecution of file sharers. Settlements ranging from $12,000 to "
+"$17,500 for four students accused of heavy file sharing on university "
+"networks must have seemed a mere pittance next to the $98 billion the RIAA "
+"could seek should the matter proceed to court. See Elizabeth Young, "
+"\"Downloading Could Lead to Fines,\" redandblack.com, August 2003, available "
+"at <ulink url=\"http://free-culture.cc/notes/\">link #35</ulink>. For an "
+"example of the RIAA's targeting of student file sharing, and of the "
+"subpoenas issued to universities to reveal student file-sharer identities, "
+"see James Collins, \"RIAA Steps Up Bid to Force BC, MIT to Name Students,\" "
+"<citetitle>Boston Globe</citetitle>, 8 August 2003, D3, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #36</ulink>. <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8586
+#: freeculture.xml:8569
msgid ""
"We could respond by simply pretending that it is not a chimera. We could, "
"with the RIAA, decide that every act of file sharing should be a felony. We "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8631
+#: freeculture.xml:8614
msgid ""
"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 no "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8638
+#: freeculture.xml:8621
msgid ""
"Either response is possible. I think either would be a mistake. Rather than "
"embrace one of these two extremes, we should embrace something that "
"recognizes the truth in both. And while I end this book with a sketch of a "
"system that does just that, my aim in the next chapter is to show just how "
"awful it would be for us to adopt the zero-tolerance extreme. I believe "
-"either extreme would be worse than a reasonable alternative. But I believe "
-"the zero-tolerance solution would be the worse of the two extremes."
+"<emphasis>either</emphasis> extreme would be worse than a reasonable "
+"alternative. But I believe the zero-tolerance solution would be the worse "
+"of the two extremes."
msgstr ""
#. PAGE BREAK 190
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8650
+#: freeculture.xml:8633
msgid ""
"Yet zero tolerance is increasingly our government's policy. In the middle of "
"the chaos that the Internet has created, an extraordinary land grab is "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8658
+#: freeculture.xml:8641
msgid ""
"I'm not talking about the opportunities for kids to \"steal\" music. My "
"focus instead is the commercial and cultural innovation that this war will "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:8671
+#: freeculture.xml:8654
msgid ""
"eMusic opposes music piracy. We are a distributor of copyrighted material, "
"and we want to protect those rights."
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:8675
+#: freeculture.xml:8658
msgid ""
"But building a technology fortress that locks in the clout of the major "
"labels is by no means the only way to protect copyright interests, nor is it "
#. f3.
#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para>
-#: freeculture.xml:8693
+#: freeculture.xml:8676
msgid ""
"WIPO and the DMCA One Year Later: Assessing Consumer Access to Digital "
"Entertainment on the Internet and Other Media: Hearing Before the "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:8683
+#: freeculture.xml:8666
msgid ""
"This is a critical point. The choices that industry sectors make with "
"respect to these systems will in many ways directly shape the market for "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:8707 freeculture.xml:9058
+#: freeculture.xml:8690 freeculture.xml:9039
msgid "Vivendi Universal"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8704
+#: freeculture.xml:8687
msgid ""
"In April 2001, eMusic.com was purchased by Vivendi Universal, one of \"the "
"major labels.\" Its position on these matters has now changed. <placeholder "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8710
+#: freeculture.xml:8693
msgid ""
"Reversing our tradition of tolerance now will not merely quash piracy. It "
"will sacrifice values that are important to this culture, and will kill "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:8718
+#: freeculture.xml:8701
msgid "CHAPTER TWELVE: Harms"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8721
+#: freeculture.xml:8704
msgid ""
"To fight \"piracy,\" to protect \"property,\" the content industry has "
"launched a war. Lobbying and lots of campaign contributions have now brought "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8729
+#: freeculture.xml:8712
msgid ""
"My aim so far has been to describe the consequences of this war, in "
"particular, the consequences for \"free culture.\" But my aim now is to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8736
+#: freeculture.xml:8719
msgid ""
"In my view, it is not. There is no good reason why this time, for the first "
"time, the law should defend the old against the new, just when the power of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8744
+#: freeculture.xml:8727
msgid ""
"Yet \"common sense\" does not see it this way. Common sense is still on the "
"side of the Causbys and the content industry. The extreme claims of control "
#. PAGE BREAK 193
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:8751
+#: freeculture.xml:8734
msgid ""
"There will be many consequences of continuing this war. I want to describe "
"just three. All three might be said to be unintended. I am quite confident "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:8758
+#: freeculture.xml:8741
msgid "Constraining Creators"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8760
+#: freeculture.xml:8743
msgid ""
"In the next ten years we will see an explosion of digital technologies. "
"These technologies will enable almost anyone to capture and share "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8775
+#: freeculture.xml:8758
msgid ""
"This digital \"capturing and sharing\" is in part an extension of the "
"capturing and sharing that has always been integral to our culture, and in "
#. PAGE BREAK 194
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8786
+#: freeculture.xml:8769
msgid ""
"Technology has thus given us an opportunity to do something with culture "
"that has only ever been possible for individuals in small groups, isolated "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8796
+#: freeculture.xml:8779
msgid ""
"Yet all this is possible only if the activity is presumptively legal. In the "
"current regime of legal regulation, it is not. Forget file sharing for a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:8824 freeculture.xml:8845
+#: freeculture.xml:8807 freeculture.xml:8828
msgid "Worldcom"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:8819
+#: freeculture.xml:8802
msgid ""
-"See Lynne W. Jeter, Disconnected: Deceit and Betrayal at WorldCom (Hoboken, "
-"N.J.: John Wiley & Sons, 2003), 176, 204; for details of the settlement, "
-"see MCI press release, \"MCI Wins U.S. District Court Approval for SEC "
-"Settlement\" (7 July 2003), available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #37</ulink>. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at "
+"WorldCom</citetitle> (Hoboken, N.J.: John Wiley & Sons, 2003), 176, 204; "
+"for details of the settlement, see MCI press release, \"MCI Wins "
+"U.S. District Court Approval for SEC Settlement\" (7 July 2003), available "
+"at <ulink url=\"http://free-culture.cc/notes/\">link #37</ulink>. "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8840
+#: freeculture.xml:8823
msgid "Bush, George W."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:8831
+#: freeculture.xml:8814
msgid ""
"The bill, modeled after California's tort reform model, was passed in the "
"House of Representatives but defeated in a Senate vote in July 2003. For an "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8807
+#: freeculture.xml:8790
msgid ""
"That presumption will increasingly chill creativity, as the examples of "
"extreme penalties for vague infringements continue to proliferate. It is "
#. f3.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:8868
+#: freeculture.xml:8850
msgid ""
-"See Danit Lidor, \"Artists Just Wanna Be Free,\" Wired, 7 July 2003, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#40</ulink>. For an overview of the exhibition, see <ulink "
-"url=\"http://free-culture.cc/notes/\">link #41</ulink>."
+"See Danit Lidor, \"Artists Just Wanna Be Free,\" "
+"<citetitle>Wired</citetitle>, 7 July 2003, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #40</ulink>. For an overview of "
+"the exhibition, see <ulink url=\"http://free-culture.cc/notes/\">link "
+"#41</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8848
+#: freeculture.xml:8831
msgid ""
"The consequence of this legal uncertainty, tied to these extremely high "
"penalties, is that an extraordinary amount of creativity will either never "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8879
+#: freeculture.xml:8860
msgid ""
"Part of the reason for this fear of illegality has to do with the changing "
"law. I described that change in detail in chapter 10. But an even bigger "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8890
+#: freeculture.xml:8871
msgid ""
"Never in our history has a painter had to worry about whether his painting "
"infringed on someone else's work; but the modern-day painter, using the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8901
+#: freeculture.xml:8882
msgid ""
"Lawyers rarely see this because lawyers are rarely empirical. As I described "
"in chapter 7, in response to the story about documentary filmmaker Jon Else, "
#. PAGE BREAK 196
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8910
+#: freeculture.xml:8891
msgid ""
"But fair use in America simply means the right to hire a lawyer to defend "
"your right to create. And as lawyers love to forget, our system for "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8920
+#: freeculture.xml:8901
msgid ""
"Judges and lawyers can tell themselves that fair use provides adequate "
"\"breathing room\" between regulation by the law and the access the law "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8931
+#: freeculture.xml:8912
msgid ""
"For in a world that threatens $150,000 for a single willful infringement of "
"a copyright, and which demands tens of thousands of dollars to even defend "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8942
+#: freeculture.xml:8923
msgid "As Jed Horovitz, the businessman behind Video Pipeline, said to me,"
msgstr ""
#. PAGE BREAK 197
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:8946
+#: freeculture.xml:8927
msgid ""
"We're losing [creative] opportunities right and left. Creative people are "
"being forced not to express themselves. Thoughts are not being "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:8959
+#: freeculture.xml:8940
msgid "Constraining Innovators"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8961
+#: freeculture.xml:8942
msgid ""
"The story of the last section was a crunchy-lefty story—creativity "
"quashed, artists who can't speak, yada yada yada. Maybe that doesn't get you "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8969
+#: freeculture.xml:8950
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8978
+#: freeculture.xml:8959
msgid ""
"The charge I've been making about the regulation of culture is the same "
"charge free marketers make about regulating markets. Everyone, of course, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:8990 freeculture.xml:9096
+#: freeculture.xml:8971 freeculture.xml:9077
msgid "Barry, Hank"
msgstr ""
#. PAGE BREAK 198
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:8992
+#: freeculture.xml:8973
msgid ""
"This is the single most dramatic effect of the shift in regulatory strategy "
"that I described in chapter 10. The consequence of this massive threat of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9004
+#: freeculture.xml:8985
msgid ""
"Consider one example to make the point, a story whose beginning I told in "
-"The Future of Ideas and which has progressed in a way that even I (pessimist "
-"extraordinaire) would never have predicted."
+"<citetitle>The Future of Ideas</citetitle> and which has progressed in a way "
+"that even I (pessimist extraordinaire) would never have predicted."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9009
+#: freeculture.xml:8990
msgid ""
"In 1997, Michael Roberts launched a company called MP3.com. MP3.com was "
"keen to remake the music business. Their goal was not just to facilitate new "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9017
+#: freeculture.xml:8998
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9025
+#: freeculture.xml:9006
msgid ""
"This idea required a simple way to gather data about user preferences. "
"MP3.com came up with an extraordinarily clever way to gather this preference "
#. PAGE BREAK 199
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9037
+#: freeculture.xml:9018
msgid ""
"No doubt some could use this system to illegally copy content. But that "
"opportunity existed with or without MP3.com. The aim of the my.mp3.com "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9046
+#: freeculture.xml:9027
msgid ""
"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 uploaded the music, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9061
+#: freeculture.xml:9042
msgid ""
"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 with four of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9071
+#: freeculture.xml:9052
msgid "That part of the story I have told before. Now consider its conclusion."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9074
+#: freeculture.xml:9055
msgid ""
"After Vivendi purchased MP3.com, Vivendi turned around and filed a "
"malpractice lawsuit against the lawyers who had advised it that they had a "
#. PAGE BREAK 200
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9084
+#: freeculture.xml:9065
msgid ""
"The clear purpose of this lawsuit (which was settled for an unspecified "
"amount shortly after the story was no longer covered in the press) was to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:9095
+#: freeculture.xml:9076
msgid "Hummer, John"
msgstr ""
#. f4.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9104
+#: freeculture.xml:9085
msgid ""
-"See Joseph Menn, \"Universal, EMI Sue Napster Investor,\" Los Angeles Times, "
-"23 April 2003. For a parallel argument about the effects on innovation in "
-"the distribution of music, see Janelle Brown, \"The Music Revolution Will "
-"Not Be Digitized,\" Salon.com, 1 June 2001, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #42</ulink>. See also Jon "
-"Healey, \"Online Music Services Besieged,\" Los Angeles Times, 28 May 2001."
+"See Joseph Menn, \"Universal, EMI Sue Napster Investor,\" <citetitle>Los "
+"Angeles Times</citetitle>, 23 April 2003. For a parallel argument about the "
+"effects on innovation in the distribution of music, see Janelle Brown, \"The "
+"Music Revolution Will Not Be Digitized,\" Salon.com, 1 June 2001, available "
+"at <ulink url=\"http://free-culture.cc/notes/\">link #42</ulink>. See also "
+"Jon Healey, \"Online Music Services Besieged,\" <citetitle>Los Angeles "
+"Times</citetitle>, 28 May 2001."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9098
+#: freeculture.xml:9079
msgid ""
"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 "
"not just in the marketplace, but in the courtroom as well. Your investment "
"buys you not only a company, it also buys you a lawsuit. So extreme has the "
"environment become that even car manufacturers are afraid of technologies "
-"that touch content. In an article in Business 2.0, Rafe Needleman describes "
-"a discussion with BMW:"
+"that touch content. In an article in <citetitle>Business 2.0</citetitle>, "
+"Rafe Needleman describes a discussion with BMW:"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><indexterm><primary>
-#: freeculture.xml:9125
+#: freeculture.xml:9106
msgid "BMW"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9140
+#: freeculture.xml:9121
msgid "Needleman, Rafe"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:9136
+#: freeculture.xml:9117
msgid ""
-"Rafe Needleman, \"Driving in Cars with MP3s,\" Business 2.0, 16 June 2003, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#43</ulink>. I am grateful to Dr. Mohammad Al-Ubaydli for this example. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"Rafe Needleman, \"Driving in Cars with MP3s,\" <citetitle>Business "
+"2.0</citetitle>, 16 June 2003, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #43</ulink>. I am grateful to "
+"Dr. Mohammad Al-Ubaydli for this example. <placeholder type=\"indexterm\" "
+"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:9127
+#: freeculture.xml:9108
msgid ""
"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 engineers in Germany "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9145
+#: freeculture.xml:9126
msgid ""
"This is the world of the mafia—filled with \"your money or your life\" "
"offers, governed in the end not by courts but by the threats that the law "
#. PAGE BREAK 201
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9155
+#: freeculture.xml:9136
msgid ""
"The point is not that businesses should have a right to start illegal "
"enterprises. The point is the definition of \"illegal.\" The law is a mess "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9170
+#: freeculture.xml:9151
msgid ""
"The point is directly parallel to the crunchy-lefty point about fair "
"use. Whatever the \"real\" law is, realism about the effect of law in both "
#. PAGE BREAK 202
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9182
+#: freeculture.xml:9163
msgid ""
"The building of a permission culture, rather than a free culture, is the "
"first important way in which the changes I have described will burden "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9204
+#: freeculture.xml:9185
msgid ""
"The motivation for this response is obvious. The Internet enables the "
"efficient spread of content. That efficiency is a feature of the Internet's "
#. f6.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9218
+#: freeculture.xml:9199
msgid ""
"\"Copyright and Digital Media in a Post-Napster World,\" GartnerG2 and the "
"Berkman Center for Internet and Society at Harvard Law School (2003), "
#. f7.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9234
+#: freeculture.xml:9215
msgid "GartnerG2, 26–27."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9214
+#: freeculture.xml:9195
msgid ""
"The examples of this form of legislation are many. At the urging of the "
"content industry, some in Congress have threatened legislation that would "
#. PAGE BREAK 203
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9239
+#: freeculture.xml:9220
msgid ""
"In one sense, these solutions seem sensible. If the problem is the code, why "
"not regulate the code to remove the problem. But any regulation of technical "
#. f8.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9253
+#: freeculture.xml:9234
msgid ""
"See David McGuire, \"Tech Execs Square Off Over Piracy,\" Newsbytes, "
"February 2002 (Entertainment)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9250
+#: freeculture.xml:9231
msgid ""
"In March 2002, a broad coalition of technology companies, led by Intel, "
"tried to get Congress to see the harm that such legislation would "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9261
+#: freeculture.xml:9242
msgid ""
"There is one more obvious way in which this war has harmed "
"innovation—again, a story that will be quite familiar to the free "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9267
+#: freeculture.xml:9248
msgid ""
"Copyright may be property, but like all property, it is also a form of "
"regulation. It is a regulation that benefits some and harms others. When "
#. f9.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9276
-msgid "Jessica Litman, Digital Copyright (Amherst, N.Y.: Prometheus Books, 2001)."
+#: freeculture.xml:9257
+msgid ""
+"Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst, N.Y.: "
+"Prometheus Books, 2001)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9273
+#: freeculture.xml:9254
msgid ""
"As I described in chapter 10, despite this feature of copyright as "
"regulation, and subject to important qualifications outlined by Jessica "
-"Litman in her book Digital Copyright,<placeholder type=\"footnote\" "
-"id=\"0\"/> overall this history of copyright is not bad. As chapter 10 "
-"details, when new technologies have come along, Congress has struck a "
-"balance to assure that the new is protected from the old. Compulsory, or "
-"statutory, licenses have been one part of that strategy. Free use (as in the "
-"case of the VCR) has been another."
+"Litman in her book <citetitle>Digital Copyright</citetitle>,<placeholder "
+"type=\"footnote\" id=\"0\"/> overall this history of copyright is not "
+"bad. As chapter 10 details, when new technologies have come along, Congress "
+"has struck a balance to assure that the new is protected from the "
+"old. Compulsory, or statutory, licenses have been one part of that "
+"strategy. Free use (as in the case of the VCR) has been another."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9286
+#: freeculture.xml:9267
msgid ""
"But that pattern of deference to new technologies has now changed with the "
"rise of the Internet. Rather than striking a balance between the claims of a "
#. f10.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9294
+#: freeculture.xml:9276
msgid ""
-"The only circuit court exception is found in Recording Industry Association "
-"of America (RIAA) v. Diamond Multimedia Systems, 180 F. 3d 1072 (9th "
-"Cir. 1999). There the court of appeals for the Ninth Circuit reasoned that "
-"makers of a portable MP3 player were not liable for contributory copyright "
-"infringement for a device that is unable to record or redistribute music (a "
-"device whose only copying function is to render portable a music file "
-"already stored on a user's hard drive). At the district court level, the "
-"only exception is found in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, "
-"Ltd., 259 F. Supp. 2d 1029 (C.D. Cal., 2003), where the court found the "
-"link between the distributor and any given user's conduct too attenuated to "
-"make the distributor liable for contributory or vicarious infringement "
-"liability."
+"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 reasoned that makers of a portable MP3 player "
+"were not liable for contributory copyright infringement for a device that is "
+"unable to record or redistribute music (a device whose only copying function "
+"is to render portable a music file already stored on a user's hard drive). "
+"At the district court level, the only exception is found in "
+"<citetitle>Metro-Goldwyn-Mayer Studios, "
+"Inc</citetitle>. v. <citetitle>Grokster, Ltd</citetitle>., 259 F. Supp. 2d "
+"1029 (C.D. Cal., 2003), where the court found the link between the "
+"distributor and any given user's conduct too attenuated to make the "
+"distributor liable for contributory or vicarious infringement liability."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9314
+#: freeculture.xml:9294
msgid ""
"For example, in July 2002, Representative Howard Berman introduced the "
"Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9293
+#: freeculture.xml:9274
msgid ""
"The response by the courts has been fairly universal.<placeholder "
"type=\"footnote\" id=\"0\"/> It has been mirrored in the responses "
#. PAGE BREAK 204
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9336
+#: freeculture.xml:9316
msgid ""
"As I described in chapter 4, when a radio station plays a song, the "
"recording artist doesn't get paid for that \"radio performance\" unless he "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9346
+#: freeculture.xml:9326
msgid ""
"The reasoning behind this balance struck by Congress makes some sense. The "
"justification was that radio was a kind of advertising. The recording artist "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9357
+#: freeculture.xml:9337
msgid ""
"Enter Internet radio. Like regular radio, Internet radio is a technology to "
"stream content from a broadcaster to a listener. The broadcast travels "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9366
+#: freeculture.xml:9346
msgid ""
"This feature of the architecture of Internet radio means that there are "
"potentially an unlimited number of radio stations that a user could tune in "
#. PAGE BREAK 205
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9381
+#: freeculture.xml:9361
msgid ""
"Internet radio is thus to radio what FM was to AM. It is an improvement "
"potentially vastly more significant than the FM improvement over AM, since "
#. f12.
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:9405
+#: freeculture.xml:9385
msgid "Lessing, 239."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:9391
+#: freeculture.xml:9371
msgid ""
"An almost unlimited number of FM stations was possible in the shortwaves, "
"thus ending the unnatural restrictions imposed on radio in the crowded "
#. f13.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9415
+#: freeculture.xml:9395
msgid "Ibid., 229."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9410
+#: freeculture.xml:9390
msgid ""
"This potential for FM radio was never realized—not because Armstrong "
"was wrong about the technology, but because he underestimated the power of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9420
+#: freeculture.xml:9400
msgid ""
"Now the very same claim could be made about Internet radio. For again, there "
"is no technical limitation that could restrict the number of Internet radio "
#. PAGE BREAK 206
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9428
+#: freeculture.xml:9408
msgid ""
"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 powerful "
"for Internet radio than the rule that applies to terrestrial radio. While "
"terrestrial radio does not have to pay our hypothetical Marilyn Monroe when "
"it plays her hypothetical recording of \"Happy Birthday\" on the air, "
-"Internet radio does. Not only is the law not neutral toward Internet "
-"radio—the law actually burdens Internet radio more than it burdens "
-"terrestrial radio."
+"<emphasis>Internet radio does</emphasis>. Not only is the law not neutral "
+"toward Internet radio—the law actually burdens Internet radio more "
+"than it burdens terrestrial radio."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9468
+#: freeculture.xml:9447
msgid "CARP (Copyright Arbitration Royalty Panel)"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9451
+#: freeculture.xml:9430
msgid ""
"This example was derived from fees set by the original Copyright Arbitration "
"Royalty Panel (CARP) proceedings, and is drawn from an example offered by "
"Recordings, Docket No. 2000-9, CARP DTRA 1 and 2, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #45</ulink>. For an excellent "
"analysis making a similar point, see Randal C. Picker, \"Copyright as Entry "
-"Policy: The Case of Digital Distribution,\" Antitrust Bulletin (Summer/Fall "
-"2002): 461: \"This was not confusion, these are just old-fashioned entry "
-"barriers. Analog radio stations are protected from digital entrants, "
-"reducing entry in radio and diversity. Yes, this is done in the name of "
-"getting royalties to copyright holders, but, absent the play of powerful "
-"interests, that could have been done in a media-neutral way.\" <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"Policy: The Case of Digital Distribution,\" <citetitle>Antitrust "
+"Bulletin</citetitle> (Summer/Fall 2002): 461: \"This was not confusion, "
+"these are just old-fashioned entry barriers. Analog radio stations are "
+"protected from digital entrants, reducing entry in radio and diversity. Yes, "
+"this is done in the name of getting royalties to copyright holders, but, "
+"absent the play of powerful interests, that could have been done in a "
+"media-neutral way.\" <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
+"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9444
+#: freeculture.xml:9423
msgid ""
"This financial burden is not slight. As Harvard law professor William Fisher "
"estimates, if an Internet radio station distributed adfree popular music to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9475
+#: freeculture.xml:9454
msgid ""
"The burden is not financial only. Under the original rules that were "
-"proposed, an Internet radio station (but not a terrestrial radio station) "
-"would have to collect the following data from every listening transaction:"
+"proposed, an Internet radio station (but not a terrestrial radio station) "
+"would have to collect the following data from <emphasis>every listening "
+"transaction</emphasis>:"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9482
+#: freeculture.xml:9462
msgid "name of the service;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9485
+#: freeculture.xml:9465
msgid "channel of the program (AM/FM stations use station ID);"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9488
+#: freeculture.xml:9468
msgid "type of program (archived/looped/live);"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9491
+#: freeculture.xml:9471
msgid "date of transmission;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9494
+#: freeculture.xml:9474
msgid "time of transmission;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9497
+#: freeculture.xml:9477
msgid "time zone of origination of transmission;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9500
+#: freeculture.xml:9480
msgid "numeric designation of the place of the sound recording within the program;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9503
+#: freeculture.xml:9483
msgid "duration of transmission (to nearest second);"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9506
+#: freeculture.xml:9486
msgid "sound recording title;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9509
+#: freeculture.xml:9489
msgid "ISRC code of the recording;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9512
+#: freeculture.xml:9492
msgid ""
"release year of the album per copyright notice and in the case of "
"compilation albums, the release year of the album and copy- right date of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9515
+#: freeculture.xml:9495
msgid "featured recording artist;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9518
+#: freeculture.xml:9498
msgid "retail album title;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9521
+#: freeculture.xml:9501
msgid "recording label;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9524
+#: freeculture.xml:9504
msgid "UPC code of the retail album;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9527
+#: freeculture.xml:9507
msgid "catalog number;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9530
+#: freeculture.xml:9510
msgid "copyright owner information;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9533
+#: freeculture.xml:9513
msgid "musical genre of the channel or program (station format);"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9536
+#: freeculture.xml:9516
msgid "name of the service or entity;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9539
+#: freeculture.xml:9519
msgid "channel or program;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9542
+#: freeculture.xml:9522
msgid "date and time that the user logged in (in the user's time zone);"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9545
+#: freeculture.xml:9525
msgid "date and time that the user logged out (in the user's time zone);"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9548
+#: freeculture.xml:9528
msgid "time zone where the signal was received (user);"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9551
+#: freeculture.xml:9531
msgid "Unique User identifier;"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:9554
+#: freeculture.xml:9534
msgid "the country in which the user received the transmissions."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9559
+#: freeculture.xml:9539
msgid ""
"The Librarian of Congress eventually suspended these reporting requirements, "
"pending further study. And he also changed the original rates set by the "
"arbitration panel charged with setting rates. But the basic difference "
"between Internet radio and terrestrial radio remains: Internet radio has to "
-"pay a type of copyright fee that terrestrial radio does not."
+"pay a <emphasis>type of copyright fee</emphasis> that terrestrial radio does "
+"not."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9567
+#: freeculture.xml:9547
msgid ""
"Why? What justifies this difference? Was there any study of the economic "
"consequences from Internet radio that would justify these differences? Was "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9573
+#: freeculture.xml:9553
msgid ""
"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 Policy at "
#. PAGE BREAK 208
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:9579
+#: freeculture.xml:9559
msgid ""
"The RIAA, which was representing the record labels, presented some testimony "
"about what they thought a willing buyer would pay to a willing seller, and "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:9595
+#: freeculture.xml:9575
msgid ""
"And the RIAA experts said, \"Well, we don't really model this as an industry "
-"with thousands of webcasters, we think it should be an industry with, you "
-"know, five or seven big players who can pay a high rate and it's a stable, "
-"predictable market.\" (Emphasis added.)"
+"with thousands of webcasters, <emphasis>we think it should be an industry "
+"with, you know, five or seven big players who can pay a high rate and it's a "
+"stable, predictable market</emphasis>.\" (Emphasis added.)"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9602
+#: freeculture.xml:9583
msgid ""
"Translation: The aim is to use the law to eliminate competition, so that "
"this platform of potentially immense competition, which would cause the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:9612
+#: freeculture.xml:9593
msgid "Corrupting Citizens"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9614
+#: freeculture.xml:9595
msgid ""
"Overregulation stifles creativity. It smothers innovation. It gives "
"dinosaurs a veto over the future. It wastes the extraordinary opportunity "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9620
+#: freeculture.xml:9601
msgid ""
"In addition to these important harms, there is one more that was important "
"to our forebears, but seems forgotten today. Overregulation corrupts "
#. f15.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9629
+#: freeculture.xml:9610
msgid ""
"Mike Graziano and Lee Rainie, \"The Music Downloading Deluge,\" Pew Internet "
"and American Life Project (24 April 2001), available at <ulink "
#. PAGE BREAK 209
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9625
+#: freeculture.xml:9606
msgid ""
"The war that is being waged today is a war of prohibition. As with every war "
"of prohibition, it is targeted against the behavior of a very large number "
-"of citizens. According to The New York Times, 43 million Americans "
-"downloaded music in May 2002.<placeholder type=\"footnote\" id=\"0\"/> "
-"According to the RIAA, the behavior of those 43 million Americans is a "
-"felony. We thus have a set of rules that transform 20 percent of America "
-"into criminals. As the RIAA launches lawsuits against not only the Napsters "
-"and Kazaas of the world, but against students building search engines, and "
-"increasingly against ordinary users downloading content, the technologies "
-"for sharing will advance to further protect and hide illegal use. It is an "
-"arms race or a civil war, with the extremes of one side inviting a more "
-"extreme response by the other."
+"of citizens. According to <citetitle>The New York Times</citetitle>, 43 "
+"million Americans downloaded music in May 2002.<placeholder "
+"type=\"footnote\" id=\"0\"/> According to the RIAA, the behavior of those 43 "
+"million Americans is a felony. We thus have a set of rules that transform 20 "
+"percent of America into criminals. As the RIAA launches lawsuits against not "
+"only the Napsters and Kazaas of the world, but against students building "
+"search engines, and increasingly against ordinary users downloading content, "
+"the technologies for sharing will advance to further protect and hide "
+"illegal use. It is an arms race or a civil war, with the extremes of one "
+"side inviting a more extreme response by the other."
msgstr ""
#. f16.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9663
+#: freeculture.xml:9644
msgid ""
-"Alex Pham, \"The Labels Strike Back: N.Y. Girl Settles RIAA Case,\" Los "
-"Angeles Times, 10 September 2003, Business."
+"Alex Pham, \"The Labels Strike Back: N.Y. Girl Settles RIAA Case,\" "
+"<citetitle>Los Angeles Times</citetitle>, 10 September 2003, Business."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9650
+#: freeculture.xml:9631
msgid ""
"The content industry's tactics exploit the failings of the American legal "
"system. When the RIAA brought suit against Jesse Jordan, it knew that in "
#. f17.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9685
+#: freeculture.xml:9666
msgid ""
"Jeffrey A. Miron and Jeffrey Zwiebel, \"Alcohol Consumption During "
-"Prohibition,\" American Economic Review 81, no. 2 (1991): 242."
+"Prohibition,\" <citetitle>American Economic Review</citetitle> 81, no. 2 "
+"(1991): 242."
msgstr ""
#. f18.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9693
+#: freeculture.xml:9674
msgid ""
"National Drug Control Policy: Hearing Before the House Government Reform "
"Committee, 108th Cong., 1st sess. (5 March 2003) (statement of John "
#. f19.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9703
+#: freeculture.xml:9684
msgid ""
"See James Andreoni, Brian Erard, and Jonathon Feinstein, \"Tax Compliance,\" "
-"Journal of Economic Literature 36 (1998): 818 (survey of compliance "
-"literature)."
+"<citetitle>Journal of Economic Literature</citetitle> 36 (1998): 818 (survey "
+"of compliance literature)."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9675
+#: freeculture.xml:9656
msgid ""
"Wars of prohibition are nothing new in America. This one is just something "
"more extreme than anything we've seen before. We experimented with alcohol "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9712
+#: freeculture.xml:9693
msgid ""
"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 students "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9729
+#: freeculture.xml:9710
msgid ""
"The response to this general illegality is either to enforce the law more "
"severely or to change the law. We, as a society, have to learn how to make "
#. PAGE BREAK 211
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9742
+#: freeculture.xml:9723
msgid ""
"My point is not the idiotic one: Just because people violate a law, we "
"should therefore repeal it. Obviously, we could reduce murder statistics "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9749
+#: freeculture.xml:9730
msgid ""
"My point is instead one that democracies understood for generations, but "
"that we recently have learned to forget. The rule of law depends upon people "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9763
+#: freeculture.xml:9744
msgid ""
"When at least forty-three million citizens download content from the "
"Internet, and when they use tools to combine that content in ways "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9775
+#: freeculture.xml:9756
msgid "This abstract point can be made more clear with a particular example."
msgstr ""
#. PAGE BREAK 212
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9778
+#: freeculture.xml:9759
msgid ""
"We all own CDs. Many of us still own phonograph records. These pieces of "
"plastic encode music that in a certain sense we have bought. The law "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9789
+#: freeculture.xml:9770
msgid ""
"But as the MP3 craze has demonstrated, there is another use of phonograph "
"records that is effectively free. Because these recordings were made without "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:9797
+#: freeculture.xml:9778
msgid "Adromeda"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9799
+#: freeculture.xml:9780
msgid ""
"This \"use\" 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 them in "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9810
+#: freeculture.xml:9791
msgid ""
"This use is enabled by unprotected media—either CDs or records. But "
"unprotected media also enable file sharing. File sharing threatens (or so "
#. PAGE BREAK 213
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9820
+#: freeculture.xml:9801
msgid ""
"If these technologies took off, then the building of large archives of your "
"own music would become quite difficult. You might hang in hacker circles, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9834
+#: freeculture.xml:9815
msgid ""
"If the only way to assure that artists get paid were the elimination of the "
"ability to freely move content, then these technologies to interfere with "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9843
+#: freeculture.xml:9824
msgid ""
"My point just now is not to prove that there is such a system. I offer a "
"version of such a system in the last chapter of this book. For now, the only "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9854
+#: freeculture.xml:9835
msgid ""
"I believe there is a way to assure that artists are paid without turning "
"forty-three million Americans into felons. But the salient feature of this "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9863
+#: freeculture.xml:9844
msgid ""
"Except that this generation's buggy manufacturers have already saddled "
"Congress, and are riding the law to protect themselves against this new form "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9869
+#: freeculture.xml:9850
msgid ""
"It is understandable why they choose as they do. It is not understandable "
"why we as a democracy continue to choose as we do. Jack Valenti is charming; "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:9888 freeculture.xml:9997
+#: freeculture.xml:9869 freeculture.xml:9978
msgid "von Lohmann, Fred"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9886
+#: freeculture.xml:9867
msgid ""
"\"If you can treat someone as a putative lawbreaker,\" von Lohmann explains, "
"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:9892
+#: freeculture.xml:9873
msgid ""
"then all of a sudden a lot of basic civil liberty protections evaporate to "
"one degree or another. . . . If you're a copyright infringer, how can you "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9904
+#: freeculture.xml:9885
msgid ""
"And the consequence of this transformation of the American public into "
"criminals is that it becomes trivial, as a matter of due process, to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9909
+#: freeculture.xml:9890
msgid ""
"Users of the Internet began to see this generally in 2003 as the RIAA "
"launched its campaign to force Internet service providers to turn over the "
#. f20.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9927
+#: freeculture.xml:9908
msgid ""
"See Frank Ahrens, \"RIAA's Lawsuits Meet Surprised Targets; Single Mother in "
-"Calif., 12-Year-Old Girl in N.Y. Among Defendants,\" Washington Post, 10 "
-"September 2003, E1; Chris Cobbs, \"Worried Parents Pull Plug on File "
-"`Stealing'; With the Music Industry Cracking Down on File Swapping, Parents "
-"are Yanking Software from Home PCs to Avoid Being Sued,\" Orlando Sentinel "
-"Tribune, 30 August 2003, C1; Jefferson Graham, \"Recording Industry Sues "
-"Parents,\" USA Today, 15 September 2003, 4D; John Schwartz, \"She Says She's "
-"No Music Pirate. No Snoop Fan, Either,\" New York Times, 25 September 2003, "
-"C1; Margo Varadi, \"Is Brianna a Criminal?\" Toronto Star, 18 September "
-"2003, P7."
+"Calif., 12-Year-Old Girl in N.Y. Among Defendants,\" <citetitle>Washington "
+"Post</citetitle>, 10 September 2003, E1; Chris Cobbs, \"Worried Parents Pull "
+"Plug on File `Stealing'; With the Music Industry Cracking Down on File "
+"Swapping, Parents are Yanking Software from Home PCs to Avoid Being Sued,\" "
+"<citetitle>Orlando Sentinel Tribune</citetitle>, 30 August 2003, C1; "
+"Jefferson Graham, \"Recording Industry Sues Parents,\" <citetitle>USA "
+"Today</citetitle>, 15 September 2003, 4D; John Schwartz, \"She Says She's No "
+"Music Pirate. No Snoop Fan, Either,\" <citetitle>New York Times</citetitle>, "
+"25 September 2003, C1; Margo Varadi, \"Is Brianna a Criminal?\" "
+"<citetitle>Toronto Star</citetitle>, 18 September 2003, P7."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9918
+#: freeculture.xml:9899
msgid ""
"The RIAA then expanded this campaign, by announcing a general strategy to "
"sue individual users of the Internet who are alleged to have downloaded "
#. f21.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9945
+#: freeculture.xml:9926
msgid ""
"See \"Revealed: How RIAA Tracks Downloaders: Music Industry Discloses Some "
"Methods Used,\" CNN.com, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9941
+#: freeculture.xml:9922
msgid ""
"Even this understates the espionage that is being waged by the RIAA. A "
"report from CNN late last summer described a strategy the RIAA had adopted "
#. f22.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:9966
-msgid ""
-"See Jeff Adler, \"Cambridge: On Campus, Pirates Are Not Penitent,\" Boston "
-"Globe, 18 May 2003, City Weekly, 1; Frank Ahrens, \"Four Students Sued over "
-"Music Sites; Industry Group Targets File Sharing at Colleges,\" Washington "
-"Post, 4 April 2003, E1; Elizabeth Armstrong, \"Students `Rip, Mix, Burn' at "
-"Their Own Risk,\" Christian Science Monitor, 2 September 2003, 20; Robert "
-"Becker and Angela Rozas, \"Music Pirate Hunt Turns to Loyola; Two Students "
-"Names Are Handed Over; Lawsuit Possible,\" Chicago Tribune, 16 July 2003, "
-"1C; Beth Cox, \"RIAA Trains Antipiracy Guns on Universities,\" Internet "
-"News, 30 January 2003, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #48</ulink>; Benny Evangelista, "
-"\"Download Warning 101: Freshman Orientation This Fall to Include Record "
-"Industry Warnings Against File Sharing,\" San Francisco Chronicle, 11 August "
-"2003, E11; \"Raid, Letters Are Weapons at Universities,\" USA Today, 26 "
+#: freeculture.xml:9947
+msgid ""
+"See Jeff Adler, \"Cambridge: On Campus, Pirates Are Not Penitent,\" "
+"<citetitle>Boston Globe</citetitle>, 18 May 2003, City Weekly, 1; Frank "
+"Ahrens, \"Four Students Sued over Music Sites; Industry Group Targets File "
+"Sharing at Colleges,\" <citetitle>Washington Post</citetitle>, 4 April 2003, "
+"E1; Elizabeth Armstrong, \"Students `Rip, Mix, Burn' at Their Own Risk,\" "
+"<citetitle>Christian Science Monitor</citetitle>, 2 September 2003, 20; "
+"Robert Becker and Angela Rozas, \"Music Pirate Hunt Turns to Loyola; Two "
+"Students Names Are Handed Over; Lawsuit Possible,\" <citetitle>Chicago "
+"Tribune</citetitle>, 16 July 2003, 1C; Beth Cox, \"RIAA Trains Antipiracy "
+"Guns on Universities,\" <citetitle>Internet News</citetitle>, 30 January "
+"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
+"#48</ulink>; Benny Evangelista, \"Download Warning 101: Freshman Orientation "
+"This Fall to Include Record Industry Warnings Against File Sharing,\" "
+"<citetitle>San Francisco Chronicle</citetitle>, 11 August 2003, E11; \"Raid, "
+"Letters Are Weapons at Universities,\" <citetitle>USA Today</citetitle>, 26 "
"September 2000, 3D."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9954
+#: freeculture.xml:9935
msgid ""
"So imagine the following not-implausible scenario: Imagine a friend gives a "
"CD to your daughter—a collection of songs just like the cassettes you "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:9985
+#: freeculture.xml:9966
msgid ""
"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 plead that "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:10001
+#: freeculture.xml:9982
msgid ""
"So when we're talking about numbers like forty to sixty million Americans "
"that are essentially copyright infringers, you create a situation where the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:10021
+#: freeculture.xml:10002
msgid ""
"When forty to sixty million Americans are considered \"criminals\" under the "
"law, and when the law could achieve the same objective— securing "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:10034
+#: freeculture.xml:10015
msgid "BALANCES"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:10038
+#: freeculture.xml:10019
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:10044
+#: freeculture.xml:10025
msgid ""
"As you ponder the mess, someone else comes along. In a panic, she grabs the "
"bucket. Before you have a chance to tell her to stop—or before she "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:10052
+#: freeculture.xml:10033
msgid ""
"A war about copyright rages all around—and we're all focusing on the "
"wrong thing. No doubt, current technologies threaten existing businesses. "
#. PAGE BREAK 219
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:10061
+#: freeculture.xml:10042
msgid ""
"Yet policy makers are not willing to leave this fire to itself. Primed with "
"plenty of lobbyists' money, they are keen to intervene to eliminate the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:10069
+#: freeculture.xml:10050
msgid ""
"Somehow we have to find a way to turn attention to this more important and "
"fundamental issue. Somehow we have to find a way to avoid pouring gasoline "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:10074
+#: freeculture.xml:10055
msgid ""
"We have not found that way yet. Instead, we seem trapped in a simpler, "
"binary view. However much many people push to frame this debate more "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:10080
+#: freeculture.xml:10061
msgid ""
"This challenge has been my life these last few years. It has also been my "
"failure. In the two chapters that follow, I describe one small brace of "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:10089
+#: freeculture.xml:10070
msgid "CHAPTER THIRTEEN: Eldred"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10091
+#: freeculture.xml:10072
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10100
+#: freeculture.xml:10081
msgid ""
"It didn't work—at least for his daughters. They didn't find Hawthorne "
"any more interesting than before. But Eldred's experiment gave birth to a "
#. PAGE BREAK 221
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10107
+#: freeculture.xml:10088
msgid ""
"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 across the world "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10118
+#: freeculture.xml:10099
msgid ""
"Eldred's freedom to do this with Hawthorne's work grew from the same source "
-"as Disney's. Hawthorne's Scarlet Letter had passed into the public domain in "
-"1907. It was free for anyone to take without the permission of the Hawthorne "
-"estate or anyone else. Some, such as Dover Press and Penguin Classics, take "
-"works from the public domain and produce printed editions, which they sell "
-"in bookstores across the country. Others, such as Disney, take these stories "
-"and turn them into animated cartoons, sometimes successfully (Cinderella), "
-"sometimes not (The Hunchback of Notre Dame, Treasure Planet). These are all "
-"commercial publications of public domain works."
+"as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed "
+"into the public domain in 1907. It was free for anyone to take without the "
+"permission of the Hawthorne estate or anyone else. Some, such as Dover Press "
+"and Penguin Classics, take works from the public domain and produce printed "
+"editions, which they sell in bookstores across the country. Others, such as "
+"Disney, take these stories and turn them into animated cartoons, sometimes "
+"successfully (<citetitle>Cinderella</citetitle>), sometimes not "
+"(<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure "
+"Planet</citetitle>). These are all commercial publications of public domain "
+"works."
msgstr ""
#. f1.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10141
+#: freeculture.xml:10122
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10130
+#: freeculture.xml:10111
msgid ""
"The Internet created the possibility of noncommercial publications of public "
"domain works. Eldred's is just one example. There are literally thousands of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10158
+#: freeculture.xml:10139
msgid ""
"As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's collection "
-"of poems New Hampshire was slated to pass into the public domain. Eldred "
-"wanted to post that collection in his free public library. But Congress got "
-"in the way. As I described in chapter 10, in 1998, for the eleventh time in "
-"forty years, Congress extended the terms of existing copyrights—this "
-"time by twenty years. Eldred would not be free to add any works more recent "
-"than 1923 to his collection until 2019. Indeed, no copyrighted work 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."
+"of poems <citetitle>New Hampshire</citetitle> was slated to pass into the "
+"public domain. Eldred wanted to post that collection in his free public "
+"library. But Congress got in the way. As I described in chapter 10, in "
+"1998, for the eleventh time in forty years, Congress extended the terms of "
+"existing copyrights—this time by twenty years. Eldred would not be "
+"free to add any works more recent than 1923 to his collection until 2019. "
+"Indeed, no copyrighted work 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."
msgstr ""
#. f2.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10178
+#: freeculture.xml:10159
msgid ""
"The full text is: \"Sonny [Bono] wanted the term of copyright protection to "
"last forever. I am informed by staff that such a change would violate the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10173
+#: freeculture.xml:10154
msgid ""
"This was the Sonny Bono Copyright Term Extension Act (CTEA), enacted in "
"memory of the congressman and former musician Sonny Bono, who, his widow, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10189
+#: freeculture.xml:10170
msgid ""
"Eldred decided to fight this law. He first resolved to fight it through "
"civil disobedience. In a series of interviews, Eldred announced that he "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10198
+#: freeculture.xml:10179
msgid ""
"It was here that I became involved in Eldred's battle. I was a "
"constitutional scholar whose first passion was constitutional "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:10209
+#: freeculture.xml:10190
msgid ""
"Congress has the power to promote the Progress of Science . . . by securing "
"for limited Times to Authors . . . exclusive Right to their "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10215
+#: freeculture.xml:10196
msgid ""
"As I've described, this clause is unique within the power-granting clause of "
"Article I, section 8 of our Constitution. Every other clause granting power "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:10234 freeculture.xml:11685
+#: freeculture.xml:10215 freeculture.xml:11657
msgid "Jaszi, Peter"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10225
+#: freeculture.xml:10206
msgid ""
"In the past forty years, Congress has gotten into the practice of extending "
"existing terms of copyright protection. What puzzled me about this was, if "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10237
+#: freeculture.xml:10218
msgid ""
"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 consideration "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10248
+#: freeculture.xml:10229
msgid ""
"For this is the core of the corruption in our present system of "
"government. \"Corruption\" not in the sense that representatives are "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10257
+#: freeculture.xml:10238
msgid ""
"If that's not obvious to you, consider the following: Say you're one of the "
"very few lucky copyright owners whose copyright continues to make money one "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10267
+#: freeculture.xml:10248
msgid ""
"So imagine the Robert Frost estate is earning $100,000 a year from three of "
"Frost's poems. And imagine the copyright for those poems is about to "
#. PAGE BREAK 224
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10274
+#: freeculture.xml:10255
msgid ""
"\"Next year,\" the adviser announces, \"our copyrights in works A, B, and C "
"will expire. That means that after next year, we will no longer be receiving "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10282
+#: freeculture.xml:10263
msgid ""
"\"There's a proposal in Congress, however,\" she continues, \"that could "
"change this. A few congressmen are floating a bill to extend the terms of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10288
+#: freeculture.xml:10269
msgid ""
"\"Hope?\" a fellow board member says. \"Can't we be doing something about "
"it?\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10292
+#: freeculture.xml:10273
msgid ""
"\"Well, obviously, yes,\" the adviser responds. \"We could contribute to the "
"campaigns of a number of representatives to try to assure that they support "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10297
+#: freeculture.xml:10278
msgid ""
"You hate politics. You hate contributing to campaigns. So you want to know "
"whether this disgusting practice is worth it. \"How much would we get if "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10303
+#: freeculture.xml:10284
msgid ""
"\"Well,\" the adviser says, \"if you're confident that you will continue to "
"get at least $100,000 a year from these copyrights, and you use the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10309
+#: freeculture.xml:10290
msgid ""
"You're a bit shocked by the number, but you quickly come to the correct "
"conclusion:"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10313
+#: freeculture.xml:10294
msgid ""
"\"So you're saying it would be worth it for us to pay more than $1,000,000 "
"in campaign contributions if we were confident those contributions would "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10319
+#: freeculture.xml:10300
msgid ""
"\"Absolutely,\" the adviser responds. \"It is worth it to you to contribute "
"up to the `present value' of the income you expect from these "
#. PAGE BREAK 225
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10325
+#: freeculture.xml:10306
msgid ""
"You quickly get the point—you as the member of the board and, I trust, "
"you the reader. Each time copyrights are about to expire, every beneficiary "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10336
+#: freeculture.xml:10317
msgid ""
"Thus a congressional perpetual motion machine: So long as legislation can be "
"bought (albeit indirectly), there will be all the incentive in the world to "
#. f3.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10349
+#: freeculture.xml:10329
msgid ""
"Associated Press, \"Disney Lobbying for Copyright Extension No Mickey Mouse "
-"Effort; Congress OKs Bill Granting Creators 20 More Years,\" Chicago "
-"Tribune, 17 October 1998, 22."
+"Effort; Congress OKs Bill Granting Creators 20 More Years,\" "
+"<citetitle>Chicago Tribune</citetitle>, 17 October 1998, 22."
msgstr ""
#. f4.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10356
+#: freeculture.xml:10336
msgid ""
"See Nick Brown, \"Fair Use No More?: Copyright in the Information Age,\" "
"available at <ulink url=\"http://free-culture.cc/notes/\">link #49</ulink>."
#. f5.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10363
+#: freeculture.xml:10344
msgid ""
-"Alan K. Ota, \"Disney in Washington: The Mouse That Roars,\" Congressional "
-"Quarterly This Week, 8 August 1990, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #50</ulink>."
+"Alan K. Ota, \"Disney in Washington: The Mouse That Roars,\" "
+"<citetitle>Congressional Quarterly This Week</citetitle>, 8 August 1990, "
+"available at <ulink url=\"http://free-culture.cc/notes/\">link #50</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10342
+#: freeculture.xml:10322
msgid ""
"In the lobbying that led to the passage of the Sonny Bono Copyright Term "
"Extension Act, this \"theory\" about incentives was proved real. Ten of the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10371
+#: freeculture.xml:10351
msgid ""
"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 "
#. PAGE BREAK 226
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10384
+#: freeculture.xml:10364
msgid ""
-"It was also my judgment that this Supreme Court would not allow Congress to "
-"extend existing terms. As anyone close to the Supreme Court's work knows, "
-"this Court has increasingly restricted the power of Congress when it has "
-"viewed Congress's actions as exceeding the power granted to it by the "
-"Constitution. Among constitutional scholars, the most famous example of this "
-"trend was the Supreme Court's decision in 1995 to strike down a law that "
-"banned the possession of guns near schools."
+"It was also my judgment that <emphasis>this</emphasis> Supreme Court would "
+"not allow Congress to extend existing terms. As anyone close to the Supreme "
+"Court's work knows, this Court has increasingly restricted the power of "
+"Congress when it has viewed Congress's actions as exceeding the power "
+"granted to it by the Constitution. Among constitutional scholars, the most "
+"famous example of this trend was the Supreme Court's decision in 1995 to "
+"strike down a law that banned the possession of guns near schools."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10397
+#: freeculture.xml:10377
msgid ""
"Since 1937, the Supreme Court had interpreted Congress's granted powers very "
"broadly; so, while the Constitution grants Congress the power to regulate "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10407
+#: freeculture.xml:10387
msgid ""
"As the economy grew, this standard increasingly meant that there was no "
"limit to Congress's power to regulate, since just about every activity, when "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10416
+#: freeculture.xml:10394
msgid ""
"The Supreme Court, under Chief Justice Rehnquist's command, changed that in "
-"United States v. Lopez. The government had argued that possessing guns near "
-"schools affected interstate commerce. Guns near schools increase crime, "
-"crime lowers property values, and so on. In the oral argument, the Chief "
-"Justice asked the government whether there was any activity that would not "
-"affect interstate commerce under the reasoning the government advanced. The "
-"government said there was not; if Congress says an activity affects "
-"interstate commerce, then that activity affects interstate commerce. The "
-"Supreme Court, the government said, was not in the position to second-guess "
-"Congress."
+"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>. The "
+"government had argued that possessing guns near schools affected interstate "
+"commerce. Guns near schools increase crime, crime lowers property values, "
+"and so on. In the oral argument, the Chief Justice asked the government "
+"whether there was any activity that would not affect interstate commerce "
+"under the reasoning the government advanced. The government said there was "
+"not; if Congress says an activity affects interstate commerce, then that "
+"activity affects interstate commerce. The Supreme Court, the government "
+"said, was not in the position to second-guess Congress."
msgstr ""
#. f6.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10432
-msgid "United States v. Lopez, 514 U.S. 549, 564 (1995)."
+#: freeculture.xml:10409
+msgid ""
+"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>, 514 "
+"U.S. 549, 564 (1995)."
msgstr ""
#. f7.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10438
-msgid "United States v. Morrison, 529 U.S. 598 (2000)."
+#: freeculture.xml:10416
+msgid ""
+"<citetitle>United States</citetitle> v. <citetitle>Morrison</citetitle>, 529 "
+"U.S. 598 (2000)."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10429
+#: freeculture.xml:10407
msgid ""
"\"We pause to consider the implications of the government's arguments,\" the "
"Chief Justice wrote.<placeholder type=\"footnote\" id=\"0\"/> If anything "
"Congress says is interstate commerce must therefore be considered interstate "
"commerce, then there would be no limit to Congress's power. The decision in "
-"Lopez was reaffirmed five years later in United States "
-"v. Morrison.<placeholder type=\"footnote\" id=\"1\"/>"
+"<citetitle>Lopez</citetitle> was reaffirmed five years later in "
+"<citetitle>United States</citetitle> "
+"v. <citetitle>Morrison</citetitle>.<placeholder type=\"footnote\" id=\"1\"/>"
msgstr ""
#. f8.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10445
+#: freeculture.xml:10423
msgid ""
"If it is a principle about enumerated powers, then the principle carries "
"from one enumerated power to another. The animating point in the context of "
#. PAGE BREAK 227
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10443
+#: freeculture.xml:10420
msgid ""
"If a principle were at work here, then it should apply to the Progress "
"Clause as much as the Commerce Clause.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10469
+#: freeculture.xml:10444
msgid ""
-"If, that is, the principle announced in Lopez stood for a principle. Many "
-"believed the decision in Lopez stood for politics—a conservative "
-"Supreme Court, which believed in states' rights, using its power over "
-"Congress to advance its own personal political preferences. But I rejected "
-"that view of the Supreme Court's decision. Indeed, shortly after the "
-"decision, I wrote an article demonstrating the \"fidelity\" in such an "
+"<emphasis>If</emphasis>, that is, the principle announced in "
+"<citetitle>Lopez</citetitle> stood for a principle. Many believed the "
+"decision in <citetitle>Lopez</citetitle> stood for politics—a "
+"conservative Supreme Court, which believed in states' rights, using its "
+"power over Congress to advance its own personal political preferences. But I "
+"rejected that view of the Supreme Court's decision. Indeed, shortly after "
+"the decision, I wrote an article demonstrating the \"fidelity\" in such an "
"interpretation of the Constitution. The idea that the Supreme Court decides "
"cases based upon its politics struck me as extraordinarily boring. I was "
"not going to devote my life to teaching constitutional law if these nine "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10483
+#: freeculture.xml:10457
msgid ""
"Now let's pause for a moment to make sure we understand what the argument in "
-"Eldred 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—piracy of the public "
-"domain. When Robert Frost wrote his work and when Walt Disney created Mickey "
-"Mouse, the maximum copyright term was just fifty-six years. Because of "
-"interim changes, Frost and Disney had already enjoyed a seventy-five-year "
-"monopoly for their work. They had gotten the benefit of the bargain that the "
-"Constitution envisions: In exchange for a monopoly protected for fifty-six "
-"years, they created new work. But now these entities were using their "
-"power—expressed through the power of lobbyists' money—to 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."
+"<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—piracy of the public domain. When Robert Frost wrote his work "
+"and when Walt Disney created Mickey Mouse, the maximum copyright term was "
+"just fifty-six years. Because of interim changes, Frost and Disney had "
+"already enjoyed a seventy-five-year monopoly for their work. They had gotten "
+"the benefit of the bargain that the Constitution envisions: In exchange for "
+"a monopoly protected for fifty-six years, they created new work. But now "
+"these entities were using their power—expressed through the power of "
+"lobbyists' money—to 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."
msgstr ""
#. f9.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10506
+#: freeculture.xml:10480
msgid ""
-"Brief of the Nashville Songwriters Association, Eldred v. Ashcroft, 537 "
-"U.S. 186 (2003) (No. 01-618), n.10, available at <ulink "
+"Brief of the Nashville Songwriters Association, "
+"<citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.S. "
+"186 (2003) (No. 01-618), n.10, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #51</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10501
+#: freeculture.xml:10474
msgid ""
"Some people view the public domain with contempt. In their brief before the "
"Supreme Court, the Nashville Songwriters Association wrote that the public "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10516
+#: freeculture.xml:10490
msgid ""
"As we've seen, our constitutional system requires limits on copyright as a "
"way to assure that copyright holders do not too heavily influence the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10528
+#: freeculture.xml:10502
msgid ""
"It is valuable copyrights that are responsible for terms being extended. "
"Mickey Mouse and \"Rhapsody in Blue.\" These works are too valuable for "
#. f10.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10549
+#: freeculture.xml:10523
msgid ""
"The figure of 2 percent is an extrapolation from the study by the "
"Congressional Research Service, in light of the estimated renewal "
-"ranges. See Brief of Petitioners, Eldred v. Ashcroft, 7, available at <ulink "
+"ranges. See Brief of Petitioners, <citetitle>Eldred</citetitle> "
+"v. <citetitle>Ashcroft</citetitle>, 7, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #52</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10543
+#: freeculture.xml:10517
msgid ""
"If you look at the work created in the first twenty years (1923 to 1942) "
"affected by the Sonny Bono Copyright Term Extension Act, 2 percent of that "
#. PAGE BREAK 229
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10558
+#: freeculture.xml:10532
msgid ""
"Think practically about the consequence of this extension—practically, "
"as a businessperson, and not as a lawyer eager for more legal work. In 1930, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10570
+#: freeculture.xml:10544
msgid ""
"Well, first, you'd have to determine which of the 9,873 books were still "
"under copyright. That requires going to a library (these data are not "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10578
+#: freeculture.xml:10552
msgid ""
"Then for the books still under copyright, you would need to locate the "
"current copyright owners. How would you do that?"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10582
+#: freeculture.xml:10556
msgid ""
"Most people think that there must be a list of these copyright owners "
"somewhere. Practical people think this way. How could there be thousands and "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10589
+#: freeculture.xml:10563
msgid ""
"But there is no list. There may be a name from 1930, and then in 1959, of "
"the person who registered the copyright. But just think practically about "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10598
+#: freeculture.xml:10572
msgid ""
"\"But there isn't a list of who owns property generally,\" the apologists "
"for the system respond. \"Why should there be a list of copyright owners?\""
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10604
+#: freeculture.xml:10577
msgid ""
-"Well, actually, if you think about it, there are plenty of lists of who owns "
-"what property. Think about deeds on houses, or titles to cars. And where "
-"there isn't a list, the code of real space is pretty good at suggesting who "
-"the owner of a bit of property is. (A swing set in your backyard is probably "
-"yours.) So formally or informally, we have a pretty good way to know who "
-"owns what tangible property."
+"Well, actually, if you think about it, there <emphasis>are</emphasis> plenty "
+"of lists of who owns what property. Think about deeds on houses, or titles "
+"to cars. And where there isn't a list, the code of real space is pretty "
+"good at suggesting who the owner of a bit of property is. (A swing set in "
+"your backyard is probably yours.) So formally or informally, we have a "
+"pretty good way to know who owns what tangible property."
msgstr ""
#. PAGE BREAK 230
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10613
+#: freeculture.xml:10586
msgid ""
"So: You walk down a street and see a house. You can know who owns the house "
"by looking it up in the courthouse registry. If you see a car, there is "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10628
+#: freeculture.xml:10601
msgid ""
"Compare this story to intangible property. You go into a library. The "
"library owns the books. But who owns the copyrights? As I've already "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10640
+#: freeculture.xml:10613
msgid ""
"The consequence with respect to old books is that they won't be digitized, "
"and hence will simply rot away on shelves. But the consequence for other "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:10645
+#: freeculture.xml:10618
msgid "Agee, Michael"
msgstr ""
#. f11.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10658
+#: freeculture.xml:10631
msgid ""
-"See David G. Savage, \"High Court Scene of Showdown on Copyright Law,\" Los "
-"Angeles Times, 6 October 2002; David Streitfeld, \"Classic Movies, Songs, "
-"Books at Stake; Supreme Court Hears Arguments Today on Striking Down "
-"Copyright Extension,\" Orlando Sentinel Tribune, 9 October 2002."
+"See David G. Savage, \"High Court Scene of Showdown on Copyright Law,\" "
+"<citetitle>Los Angeles Times</citetitle>, 6 October 2002; David Streitfeld, "
+"\"Classic Movies, Songs, Books at Stake; Supreme Court Hears Arguments Today "
+"on Striking Down Copyright Extension,\" <citetitle>Orlando Sentinel "
+"Tribune</citetitle>, 9 October 2002."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:10664
+#: freeculture.xml:10637
msgid "Lucky Dog, The"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10647
+#: freeculture.xml:10620
msgid ""
"Consider the story of Michael Agee, chairman of Hal Roach Studios, which "
"owns the copyrights for the Laurel and Hardy films. Agee is a direct "
"beneficiary of the Bono Act. The Laurel and Hardy films were made between "
-"1921 and 1951. Only one of these films, The Lucky Dog, is currently out of "
-"copyright. But for the CTEA, films made after 1923 would have begun entering "
-"the public domain. Because Agee controls the exclusive rights for these "
-"popular films, he makes a great deal of money. According to one estimate, "
-"\"Roach has sold about 60,000 videocassettes and 50,000 DVDs of the duo's "
-"
silent films.\"<placeholder type=\"footnote\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+"1921 and 1951. Only one of these films, <citetitle>The Lucky "
+"Dog</citetitle>, is currently out of copyright. But for the CTEA, films made "
+"after 1923 would have begun entering the public domain. Because Agee "
+"controls the exclusive rights for these popular films, he makes a great deal "
+"of money. According to one estimate, \"Roach has sold about 60,000 "
+"
videocassettes and 50,000 DVDs of the duo's silent films.\"<placeholder "
+"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10667
+#: freeculture.xml:10640
msgid ""
"Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in this "
"culture: selflessness. He argued in a brief before the Supreme Court that "
#. PAGE BREAK 231
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10673
+#: freeculture.xml:10646
msgid ""
"His argument is straightforward. A tiny fraction of this work has any "
"continuing commercial value. The rest—to the extent it survives at "
#. f12.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10690
+#: freeculture.xml:10664
msgid ""
"Brief of Hal Roach Studios and Michael Agee as Amicus Curiae Supporting the "
-"Petitoners, Eldred v. Ashcroft, 537 U.S. 186 (2003) (No. 01- 618), 12. See "
-"also Brief of Amicus Curiae filed on behalf of Petitioners by the Internet "
-"Archive, Eldred v. Ashcroft, available at <ulink "
+"Petitoners, <citetitle>Eldred</citetitle> "
+"v. <citetitle>Ashcroft</citetitle>, 537 U.S. 186 (2003) (No. 01- 618), "
+"12. See also Brief of Amicus Curiae filed on behalf of Petitioners by the "
+"Internet Archive, <citetitle>Eldred</citetitle> "
+"v. <citetitle>Ashcroft</citetitle>, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #53</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10684
+#: freeculture.xml:10657
msgid ""
"We can't know the benefits, but we do know a lot about the costs. For most "
"of the history of film, the costs of restoring film were very high; digital "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10700
+#: freeculture.xml:10674
msgid ""
"Restoration technology is not the only cost, nor the most important. "
"Lawyers, too, are a cost, and increasingly, a very important one. In "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10708
+#: freeculture.xml:10682
msgid ""
-"Or more accurately, owners. As we've seen, there isn't only a single "
-"copyright associated with a film; there are many. There isn't a single "
-"person whom you can contact about those copyrights; there are as many as can "
-"hold the rights, which turns out to be an extremely large number. Thus the "
-"costs of clearing the rights to these films is exceptionally high."
+"Or more accurately, <emphasis>owners</emphasis>. As we've seen, there isn't "
+"only a single copyright associated with a film; there are many. There isn't "
+"a single person whom you can contact about those copyrights; there are as "
+"many as can hold the rights, which turns out to be an extremely large "
+"number. Thus the costs of clearing the rights to these films is "
+"exceptionally high."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10717
+#: freeculture.xml:10690
msgid ""
"\"But can't you just restore the film, distribute it, and then pay the "
"copyright owner when she shows up?\" Sure, if you want to commit a "
#. PAGE BREAK 232
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10728
+#: freeculture.xml:10701
msgid ""
"For some films, the benefit of releasing the film may well exceed these "
"costs. But for the vast majority of them, there is no way the benefit would "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10738
+#: freeculture.xml:10711
msgid ""
"But by the time the copyright for these films expires, the film will have "
"expired. These films were produced on nitrate-based stock, and nitrate stock "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10746
+#: freeculture.xml:10719
msgid ""
"Of all the creative work produced by humans anywhere, a tiny fraction has "
"continuing commercial value. For that tiny fraction, the copyright is a "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10755
+#: freeculture.xml:10728
msgid ""
"But even for that tiny fraction, the actual time during which the creative "
"work has a commercial life is extremely short. As I've indicated, most books "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10765
+#: freeculture.xml:10738
msgid ""
"Yet that doesn't mean the life of the creative work ends. We don't keep "
"libraries of books in order to compete with Barnes & Noble, and we don't "
#. PAGE BREAK 233
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10778
+#: freeculture.xml:10751
msgid ""
"Copyrights in this context do not drive an engine of free expression. In "
"this context, there is no need for an exclusive right. Copyrights in this "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10785
+#: freeculture.xml:10758
msgid ""
"Yet, for most of our history, they also did little harm. For most of our "
"history, when a work ended its commercial life, there was no "
-"copyright-related use that would be inhibited by an exclusive right. When a "
-"book went out of print, you could not buy it from a publisher. But you "
-"could still buy it from a used book store, and when a used book store sells "
-"it, in America, at least, there is no need to pay the copyright owner "
-"anything. Thus, the ordinary use of a book after its commercial life ended "
-"was a use that was independent of copyright law."
+"<emphasis>copyright-related use</emphasis> that would be inhibited by an "
+"exclusive right. When a book went out of print, you could not buy it from a "
+"publisher. But you could still buy it from a used book store, and when a "
+"used book store sells it, in America, at least, there is no need to pay the "
+"copyright owner anything. Thus, the ordinary use of a book after its "
+"commercial life ended was a use that was independent of copyright law."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10795
+#: freeculture.xml:10769
msgid ""
"The same was effectively true of film. Because the costs of restoring a "
"film—the real economic costs, not the lawyer costs—were so high, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10804
+#: freeculture.xml:10778
msgid ""
"In other words, though copyright has been relatively short for most of our "
"history, long copyrights wouldn't have mattered for the works that lost "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10810
+#: freeculture.xml:10784
msgid "But this situation has now changed."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10813
+#: freeculture.xml:10787
msgid ""
"One crucially important consequence of the emergence of digital technologies "
"is to enable the archive that Brewster Kahle dreams of. Digital "
#. PAGE BREAK 234
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10826
+#: freeculture.xml:10800
msgid ""
"And now copyright law does get in the way. Every step of producing this "
"digital archive of our culture infringes on the exclusive right of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10836
+#: freeculture.xml:10810
msgid ""
"Here is the core of the harm that comes from extending terms: Now that "
"technology enables us to rebuild the library of Alexandria, the law gets in "
-"the way. And it doesn't get in the way for any useful copyright purpose, for "
-"the purpose of copyright is to enable the commercial market that spreads "
-"culture. No, we are talking about culture after it has lived its commercial "
-"life. In this context, copyright is serving no purpose at all related to the "
-"spread of knowledge. In this context, copyright is not an engine of free "
+"the way. And it doesn't get in the way for any useful "
+"<emphasis>copyright</emphasis> purpose, for the purpose of copyright is to "
+"enable the commercial market that spreads culture. No, we are talking about "
+"culture after it has lived its commercial life. In this context, copyright "
+"is serving no purpose <emphasis>at all</emphasis> related to the spread of "
+"knowledge. In this context, copyright is not an engine of free "
"expression. Copyright is a brake."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10847
+#: freeculture.xml:10821
msgid ""
"You may well ask, \"But if digital technologies lower the costs for Brewster "
"Kahle, then they will lower the costs for Random House, too. So won't "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10853
+#: freeculture.xml:10827
msgid ""
"Maybe. Someday. But there is absolutely no evidence to suggest that "
"publishers would be as complete as libraries. If Barnes & Noble offered "
#. f13.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:10876
+#: freeculture.xml:10850
msgid ""
"Jason Schultz, \"The Myth of the 1976 Copyright `Chaos' Theory,\" 20 "
"December 2002, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10864
+#: freeculture.xml:10838
msgid ""
"I would be the first to agree that it should do as much as it can: We should "
"rely upon the market as much as possible to spread and enable culture. My "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10883
+#: freeculture.xml:10857
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10891
+#: freeculture.xml:10865
msgid ""
"The district court dismissed our claims without even hearing an argument. A "
"panel of the Court of Appeals for the D.C. Circuit also dismissed our "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10898
+#: freeculture.xml:10872
msgid ""
"Judge David Sentelle said the CTEA violated the requirement that copyrights "
"be for \"limited Times\" only. His argument was as elegant as it was simple: "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10909
+#: freeculture.xml:10883
msgid ""
"We asked the Court of Appeals for the D.C. Circuit as a whole to hear the "
"case. Cases are ordinarily heard in panels of three, except for important "
#. PAGE BREAK 236
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10915
+#: freeculture.xml:10889
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10924
+#: freeculture.xml:10898
msgid ""
"It was here that most expected Eldred v. Ashcroft would die, for the Supreme "
"Court rarely reviews any decision by a court of appeals. (It hears about one "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10931
+#: freeculture.xml:10905
msgid ""
"But in February 2002, the Supreme Court surprised the world by granting our "
"petition to review the D.C. Circuit opinion. Argument was set for October of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10937
+#: freeculture.xml:10911
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10947
+#: freeculture.xml:10921
msgid ""
"But my client and these friends were wrong. This case could have been "
"won. It should have been won. And no matter how hard I try to retell this "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:10952 freeculture.xml:10966
+#: freeculture.xml:10926 freeculture.xml:10940
msgid "Steward, Geoffrey"
msgstr ""
#. PAGE BREAK 237
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10954
+#: freeculture.xml:10928
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:10964 freeculture.xml:11305 freeculture.xml:11320 freeculture.xml:11414 freeculture.xml:11628 freeculture.xml:11659 freeculture.xml:11747
+#: freeculture.xml:10938 freeculture.xml:11278 freeculture.xml:11293 freeculture.xml:11386 freeculture.xml:11600 freeculture.xml:11631 freeculture.xml:11719
msgid "Ayer, Don"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:10965
+#: freeculture.xml:10939
msgid "Bromberg, Dan"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10968
+#: freeculture.xml:10942
msgid ""
"There were three key lawyers on the case from Jones Day. Geoff Stewart was "
"the first, but then Dan Bromberg and Don Ayer became quite "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10978
+#: freeculture.xml:10952
msgid ""
"I hate this view of the law. Of course I thought the Sonny Bono Act was a "
"dramatic harm to free speech and free culture. Of course I still think it "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:10999
+#: freeculture.xml:10973
msgid ""
"In any case, I thought, the Court must already see the danger and the harm "
"caused by this sort of law. Why else would they grant review? There was no "
#. PAGE BREAK 238
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11007
+#: freeculture.xml:10981
msgid ""
"There was one way, however, in which I felt politics would matter and in "
"which I thought a response was appropriate. I was convinced that the Court "
"the case was not to demonstrate how bad the Sonny Bono Act was but to "
"demonstrate that it was unconstitutional, my hope was to make this argument "
"against a background of briefs that covered the full range of political "
-"views. To show that this claim against the CTEA was grounded in law and not "
-"politics, then, we tried to gather the widest range of credible "
-"critics—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."
+"views. To show that this claim against the CTEA was grounded in "
+"<emphasis>law</emphasis> and not politics, then, we tried to gather the "
+"widest range of credible critics—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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:11038 freeculture.xml:11061
+#: freeculture.xml:11012 freeculture.xml:11035
msgid "Eagle Forum"
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:11039
+#: freeculture.xml:11013
msgid "Schlafly, Phyllis"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11026
+#: freeculture.xml:11000
msgid ""
"The first step happened all by itself. Phyllis Schlafly's organization, "
"Eagle Forum, had been an opponent of the CTEA from the very beginning. "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11042
+#: freeculture.xml:11016
msgid ""
"In the Court of Appeals, Eagle Forum was eager to file a brief supporting "
"our position. Their brief made the argument that became the core claim in "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11050
+#: freeculture.xml:11024
msgid ""
"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 Software "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11064
+#: freeculture.xml:11038
msgid ""
"Those briefs framed a legal argument. Then to support the legal argument, "
"there were a number of powerful briefs by libraries and archives, including "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11070
+#: freeculture.xml:11044
msgid ""
"But two briefs captured the policy argument best. One made the argument I've "
"already described: A brief by Hal Roach Studios argued that unless the law "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11076
+#: freeculture.xml:11050
msgid "Akerlof, George"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11077
+#: freeculture.xml:11051
msgid "Arrow, Kenneth"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11078
+#: freeculture.xml:11052
msgid "Buchanan, James"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11079
+#: freeculture.xml:11053
msgid "Coase, Ronald"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11080
+#: freeculture.xml:11054
msgid "Friedman, Milton"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11082
+#: freeculture.xml:11056
msgid ""
"This economists' brief was signed by seventeen economists, including five "
"Nobel Prize winners, including Ronald Coase, James Buchanan, Milton "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:11105 freeculture.xml:11118 freeculture.xml:11311 freeculture.xml:11664
+#: freeculture.xml:11079 freeculture.xml:11092 freeculture.xml:11284 freeculture.xml:11636
msgid "Fried, Charles"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11093
+#: freeculture.xml:11067
msgid ""
"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 us from "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11108
+#: freeculture.xml:11082
msgid ""
"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 media "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11121
+#: freeculture.xml:11095
msgid ""
"The government, in defending the statute, had its collection of friends, as "
"well. Significantly, however, none of these \"friends\" included historians "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11128
+#: freeculture.xml:11102
msgid ""
"The media companies were not surprising. They had the most to gain from the "
"law. The congressmen were not surprising either—they were defending "
#. f14.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:11144
+#: freeculture.xml:11118
msgid ""
-"Brief of Amici Dr. Seuss Enterprise et al., Eldred v. Ashcroft, 537 U.S. "
-"(2003) (No. 01-618), 19."
+"Brief of Amici Dr. Seuss Enterprise et al., <citetitle>Eldred</citetitle> "
+"v. <citetitle>Ashcroft</citetitle>, 537 U.S. (2003) (No. 01-618), 19."
msgstr ""
#. f15.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:11152
+#: freeculture.xml:11126
msgid ""
"Dinitia Smith, \"Immortal Words, Immortal Royalties? Even Mickey Mouse Joins "
-"the Fray,\" New York Times, 28 March 1998, B7."
+"the Fray,\" <citetitle>New York Times</citetitle>, 28 March 1998, B7."
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:11159
+#: freeculture.xml:11133
msgid "Gershwin, George"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11137
+#: freeculture.xml:11111
msgid ""
"Dr. Seuss's representatives, for example, argued that it was better for the "
"Dr. Seuss estate to control what happened to Dr. Seuss's work— better "
"drugs or to create pornography.\"<placeholder type=\"footnote\" id=\"0\"/> "
"That was also the motive of the Gershwin estate, which defended its "
"\"protection\" of the work of George Gershwin. They refuse, for example, to "
-"license Porgy and Bess to anyone who refuses to use African Americans in the "
-"cast.<placeholder type=\"footnote\" id=\"1\"/> That's their view of how this "
-"part of American culture should be controlled, and they wanted this law to "
-"help them effect that control. <placeholder type=\"indexterm\" id=\"2\"/>"
+"license <citetitle>Porgy and Bess</citetitle> to anyone who refuses to use "
+"African Americans in the cast.<placeholder type=\"footnote\" id=\"1\"/> "
+"That's their view of how this part of American culture should be controlled, "
+"and they wanted this law to help them effect that control. <placeholder "
+"type=\"indexterm\" id=\"2\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11162
+#: freeculture.xml:11136
msgid ""
"This argument made clear a theme that is rarely noticed in this debate. "
"When Congress decides to extend the term of existing copyrights, Congress is "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11174
+#: freeculture.xml:11148
msgid ""
"We argued as much in a final brief. Not only would upholding the CTEA mean "
"that there was no limit to the power of Congress to extend "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11183
+#: freeculture.xml:11157
msgid ""
"The Supreme Court was divided into two important camps. One camp we called "
"\"the Conservatives.\" The other we called \"the Rest.\" The Conservatives "
"included Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice "
"Kennedy, and Justice Thomas. These five had been the most consistent in "
"limiting Congress's power. They were the five who had supported the "
-"Lopez/Morrison line of cases that said that an enumerated power had to be "
-"interpreted to assure that Congress's powers had limits."
+"<citetitle>Lopez/Morrison</citetitle> line of cases that said that an "
+"enumerated power had to be interpreted to assure that Congress's powers had "
+"limits."
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11192 freeculture.xml:11216 freeculture.xml:11557 freeculture.xml:11569
+#: freeculture.xml:11166 freeculture.xml:11190 freeculture.xml:11529 freeculture.xml:11541
msgid "Breyer, Stephen"
msgstr ""
#. PAGE BREAK 242
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11194
+#: freeculture.xml:11168
msgid ""
"The Rest were the four Justices who had strongly opposed limits on "
"Congress's power. These four—Justice Stevens, Justice Souter, Justice "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11206
+#: freeculture.xml:11180
msgid ""
"In particular, the least likely was Justice Ginsburg's. In addition to her "
"general view about deference to Congress (except where issues of gender are "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11218
+#: freeculture.xml:11192
msgid ""
"Close behind Justice Ginsburg were two justices whom we also viewed as "
"unlikely allies, though possible surprises. Justice Souter strongly favored "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11226
+#: freeculture.xml:11200
msgid ""
"The only vote we could be confident about was that of Justice "
"Stevens. History will record Justice Stevens as one of the greatest judges "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11234
+#: freeculture.xml:11208
msgid ""
"This analysis of \"the Rest\" showed most clearly where our focus had to be: "
"on the Conservatives. To win this case, we had to crack open these five and "
#. PAGE BREAK 243
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11244
+#: freeculture.xml:11218
msgid ""
"This then was the core of our strategy—a strategy for which I am "
-"responsible. We would get the Court to see that just as with the Lopez case, "
-"under the government's argument here, Congress would always have unlimited "
-"power to extend existing terms. If anything was plain about Congress's power "
-"under the Progress Clause, it was that this power was supposed to be "
-"\"limited.\" Our aim would be to get the Court to reconcile Eldred with "
-"Lopez: If Congress's power to regulate commerce was limited, then so, too, "
-"must Congress's power to regulate copyright be limited."
+"responsible. We would get the Court to see that just as with the "
+"<citetitle>Lopez</citetitle> case, under the government's argument here, "
+"Congress would always have unlimited power to extend existing terms. If "
+"anything was plain about Congress's power under the Progress Clause, it was "
+"that this power was supposed to be \"limited.\" Our aim would be to get the "
+"Court to reconcile <citetitle>Eldred</citetitle> with "
+"<citetitle>Lopez</citetitle>: If Congress's power to regulate commerce was "
+"limited, then so, too, must Congress's power to regulate copyright be "
+"limited."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11257
+#: freeculture.xml:11232
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11266
+#: freeculture.xml:11239
msgid ""
"There was some truth to the government's claim, but not much. We certainly "
"agreed that Congress had extended existing terms in and in 1909. And of "
#. PAGE BREAK 244
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11273
+#: freeculture.xml:11246
msgid ""
"But this \"consistency\" should be kept in perspective. Congress extended "
"existing terms once in the first hundred years of the Republic. It then "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11296
+#: freeculture.xml:11269
msgid ""
"I was convinced that to win, I had to keep the Court focused on a single "
"point: that if this extension is permitted, then there is no limit to the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11307
+#: freeculture.xml:11280
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11314
+#: freeculture.xml:11287
msgid ""
"\"I'm just afraid that unless they really see the harm, they won't be "
"willing to upset this practice that the government says has been a "
#. PAGE BREAK 245
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11322
+#: freeculture.xml:11295
msgid ""
"He may have argued many cases before this Court, I thought, but he didn't "
"understand its soul. As a clerk, I had seen the Justices do the right "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11339
+#: freeculture.xml:11312
msgid ""
"Not everyone has to wait in line. People who know the Justices can ask for "
"seats they control. (I asked Justice Scalia's chambers for seats for my "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11354
+#: freeculture.xml:11327
msgid ""
"When the Chief Justice called me to begin my argument, I began where I "
"intended to stay: on the question of the limits on Congress's power. This "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11360
+#: freeculture.xml:11333
msgid ""
"Justice O'Connor stopped me within one minute of my opening. The history "
"was bothering her."
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:11365
+#: freeculture.xml:11338
msgid ""
"justice o'connor: Congress has extended the term so often through the years, "
"and if you are right, don't we run the risk of upsetting previous extensions "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11372
+#: freeculture.xml:11345
msgid ""
"She was quite willing to concede \"that this flies directly in the face of "
"what the framers had in mind.\" But my response again and again was to "
#. PAGE BREAK 246
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:11378
+#: freeculture.xml:11351
msgid ""
"mr. lessig: Well, if it flies in the face of what the framers had in mind, "
"then the question is, is there a way of interpreting their words that gives "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11386
+#: freeculture.xml:11359
msgid ""
"There were two points in this argument when I should have seen where the "
"Court was going. The first was a question by Justice Kennedy, who observed,"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:11392
+#: freeculture.xml:11365
msgid ""
"justice kennedy: Well, I suppose implicit in the argument that the '76 act, "
"too, should have been declared void, and that we might leave it alone "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11400
+#: freeculture.xml:11373
msgid ""
"Here follows my clear mistake. Like a professor correcting a student, I "
"answered,"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:11406
+#: freeculture.xml:11379
msgid ""
"mr. lessig: Justice, we are not making an empirical claim at all. Nothing "
"in our Copyright Clause claim hangs upon the empirical assertion about "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11416
+#: freeculture.xml:11388
msgid ""
"That was a correct answer, but it wasn't the right answer. The right answer "
"was instead that there was an obvious and profound harm. Any number of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11423
+#: freeculture.xml:11395
msgid ""
"The second came from the Chief, for whom the whole case had been "
-"crafted. For the Chief Justice had crafted the Lopez ruling, and we hoped "
-"that he would see this case as its second cousin."
+"crafted. For the Chief Justice had crafted the <citetitle>Lopez</citetitle> "
+"ruling, and we hoped that he would see this case as its second cousin."
msgstr ""
#. PAGE BREAK 247
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11428
+#: freeculture.xml:11400
msgid ""
"It was clear a second into his question that he wasn't at all sympathetic. "
"To him, we were a bunch of anarchists. As he asked:"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:11436
+#: freeculture.xml:11407
msgid ""
"chief justice: Well, but you want more than that. You want the right to copy "
"verbatim other people's books, don't you?"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:11440
+#: freeculture.xml:11411
msgid ""
"mr. lessig: We want the right to copy verbatim works that should be in the "
"public domain and would be in the public domain but for a statute that "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11449
+#: freeculture.xml:11420
msgid ""
"Things went better for us when the government gave its argument; for now the "
"Court picked up on the core of our claim. As Justice Scalia asked Solicitor "
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:11455
+#: freeculture.xml:11426
msgid ""
"justice scalia: You say that the functional equivalent of an unlimited time "
"would be a violation [of the Constitution], but that's precisely the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11463
+#: freeculture.xml:11434
msgid ""
"When Olson was finished, it was my turn to give a closing rebuttal. Olson's "
"flailing had revived my anger. But my anger still was directed to the "
#. PAGE BREAK 248
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11476
+#: freeculture.xml:11447
msgid ""
"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 answered "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11484
+#: freeculture.xml:11455
msgid ""
"The government had been asked over and over again, what is the limit? Over "
"and over again, it had answered there is no limit. This was precisely the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11499
+#: freeculture.xml:11470
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11506
+#: freeculture.xml:11477
msgid ""
"A few seconds later, the opinions arrived by e-mail. I took the phone off "
"the hook, posted an announcement to our blog, and sat down to see where I "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11511
+#: freeculture.xml:11482
msgid ""
-"My reasoning. Here was a case that pitted all the money in the world against "
-"reasoning. And here was the last naïve law professor, scouring the pages, "
-"looking for reasoning."
+"My <emphasis>reasoning</emphasis>. Here was a case that pitted all the money "
+"in the world against <emphasis>reasoning</emphasis>. And here was the last "
+"naïve law professor, scouring the pages, looking for reasoning."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11516
+#: freeculture.xml:11488
msgid ""
"I first scoured the opinion, looking for how the Court would distinguish the "
-"principle in this case from the principle in Lopez. The argument was nowhere "
-"to be found. The case was not even cited. The argument that was the core "
-"argument of our case did not even appear in the Court's opinion."
+"principle in this case from the principle in "
+"<citetitle>Lopez</citetitle>. The argument was nowhere to be found. The case "
+"was not even cited. The argument that was the core argument of our case did "
+"not even appear in the Court's opinion."
msgstr ""
#. PAGE BREAK 249
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11525
+#: freeculture.xml:11497
msgid ""
"Justice Ginsburg simply ignored the enumerated powers argument. Consistent "
"with her view that Congress's power was not limited generally, she had found "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11530
+#: freeculture.xml:11502
msgid ""
"Her opinion was perfectly reasonable—for her, and for Justice "
-"Souter. Neither believes in Lopez. It would be too much to expect them to "
-"write an opinion that recognized, much less explained, the doctrine they had "
-"worked so hard to defeat."
+"Souter. Neither believes in <citetitle>Lopez</citetitle>. It would be too "
+"much to expect them to write an opinion that recognized, much less "
+"explained, the doctrine they had worked so hard to defeat."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11536
+#: freeculture.xml:11508
msgid ""
"But as I realized what had happened, I couldn't quite believe what I was "
"reading. I had said there was no way this Court could reconcile limited "
"powers with the Commerce Clause and unlimited powers with the Progress "
"Clause. It had never even occurred to me that they could reconcile the two "
-"simply by not addressing the argument. There was no inconsistency because "
-"they would not talk about the two together. There was therefore no "
-"principle that followed from the Lopez case: In that context, Congress's "
-"power would be limited, but in this context it would not."
+"simply <emphasis>by not addressing the argument</emphasis>. There was no "
+"inconsistency because they would not talk about the two together. There was "
+"therefore no principle that followed from the <citetitle>Lopez</citetitle> "
+"case: In that context, Congress's power would be limited, but in this "
+"context it would not."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11547
+#: freeculture.xml:11519
msgid ""
"Yet by what right did they get to choose which of the framers' values they "
"would respect? By what right did they—the silent five—get to "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11559
+#: freeculture.xml:11531
msgid ""
"Justices Breyer and Stevens wrote very strong dissents. Stevens's opinion "
"was crafted internal to the law: He argued that the tradition of "
#. PAGE BREAK 250
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11572
+#: freeculture.xml:11544
msgid ""
"Justice Breyer's opinion, perhaps the best opinion he has ever written, was "
"external to the Constitution. He argued that the term of copyrights has "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11583
+#: freeculture.xml:11555
msgid ""
"These two justices understood all the arguments we had made. But because "
-"neither believed in the Lopez case, neither was willing to push it as a "
-"reason to reject this extension. The case was decided without anyone having "
-"addressed the argument that we had carried from Judge Sentelle. It was "
-"Hamlet without the Prince."
+"neither believed in the <citetitle>Lopez</citetitle> case, neither was "
+"willing to push it as a reason to reject this extension. The case was "
+"decided without anyone having addressed the argument that we had carried "
+"from Judge Sentelle. It was <citetitle>Hamlet</citetitle> without the "
+"Prince."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11590
+#: freeculture.xml:11562
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11595
+#: freeculture.xml:11567
msgid ""
"It was first anger with the five \"Conservatives.\" It would have been one "
-"thing for them to have explained why the principle of Lopez didn't apply in "
-"this case. That wouldn't have been a very convincing argument, I don't "
-"believe, having read it made by others, and having tried to make it "
-"myself. But it at least would have been an act of integrity. These justices "
-"in particular have repeatedly said that the proper mode of interpreting the "
-"Constitution is \"originalism\"—to first understand the framers' text, "
-"interpreted in their context, in light of the structure of the "
-"Constitution. That method had produced Lopez and many other \"originalist\" "
-"rulings. Where was their \"originalism\" now?"
+"thing for them to have explained why the principle of "
+"<citetitle>Lopez</citetitle> didn't apply in this case. That wouldn't have "
+"been a very convincing argument, I don't believe, having read it made by "
+"others, and having tried to make it myself. But it at least would have been "
+"an act of integrity. These justices in particular have repeatedly said that "
+"the proper mode of interpreting the Constitution is \"originalism\"—to "
+"first understand the framers' text, interpreted in their context, in light "
+"of the structure of the Constitution. That method had produced "
+"<citetitle>Lopez</citetitle> and many other \"originalist\" rulings. Where "
+"was their \"originalism\" now?"
msgstr ""
#. PAGE BREAK 251
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11608
+#: freeculture.xml:11580
msgid ""
"Here, they had joined an opinion that never once tried to explain what the "
"framers had meant by crafting the Progress Clause as they did; they joined "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11623
+#: freeculture.xml:11595
msgid ""
"My anger with the Conservatives quickly yielded to anger with myself. For I "
"had let a view of the law that I liked interfere with a view of the law as "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11630
+#: freeculture.xml:11602
msgid ""
"Most lawyers, and most law professors, have little patience for idealism "
"about courts in general and this Supreme Court in particular. Most have a "
#. PAGE BREAK 252
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11641
+#: freeculture.xml:11613
msgid ""
"As I read back over the transcript from that argument in October, I can see "
"a hundred places where the answers could have taken the conversation in "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11661
+#: freeculture.xml:11633
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11667
+#: freeculture.xml:11639
msgid ""
"My friends huddled around me to insist it would not. The Court was not "
"ready, my friends insisted. This was a loss that was destined. It would take "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11673
+#: freeculture.xml:11645
msgid ""
"Maybe, but I doubt it. These Justices have no financial interest in doing "
"anything except the right thing. They are not lobbied. They have little "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11680
+#: freeculture.xml:11652
msgid ""
"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 "
#. PAGE BREAK 253
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11688
+#: freeculture.xml:11660
msgid ""
"After the argument and after the decision, Peter said to me, and publicly, "
"that he was wrong. But if indeed that Court could not have been persuaded, "
"been skeptical of the Court's activism in other cases. Deference was a good "
"thing, even if it left standing a silly law. But where the decision was "
"attacked, it was attacked because it left standing a silly and harmful "
-"law. The New York Times wrote in its editorial,"
+"law. <citetitle>The New York Times</citetitle> wrote in its editorial,"
msgstr ""
#. type: Content of: <book><chapter><sect1><blockquote><para>
-#: freeculture.xml:11709
+#: freeculture.xml:11681
msgid ""
"In effect, the Supreme Court's decision makes it likely that we are seeing "
"the beginning of the end of public domain and the birth of copyright "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:11723
+#: freeculture.xml:11695
msgid "Bolling, Ruben"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11718
+#: freeculture.xml:11690
msgid ""
"The best responses were in the cartoons. There was a gaggle of hilarious "
"images—of Mickey in jail and the like. The best, from my view of the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11726
+#: freeculture.xml:11698
msgid ""
"The image that will always stick in my head is that evoked by the quote from "
-"The New York Times. That \"grand experiment\" we call the \"public domain\" "
-"is over? When I can make light of it, I think, \"Honey, I shrunk the "
-"Constitution.\" But I can rarely make light of it. We had in our "
-"Constitution a commitment to free culture. In the case that I fathered, the "
-"Supreme Court effectively renounced that commitment. A better lawyer would "
-"have made them see differently."
+"<citetitle>The New York Times</citetitle>. That \"grand experiment\" we call "
+"the \"public domain\" is over? When I can make light of it, I think, "
+"\"Honey, I shrunk the Constitution.\" But I can rarely make light of it. We "
+"had in our Constitution a commitment to free culture. In the case that I "
+"fathered, the Supreme Court effectively renounced that commitment. A better "
+"lawyer would have made them see differently."
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:11737
+#: freeculture.xml:11709
msgid "CHAPTER FOURTEEN: Eldred II"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11739
+#: freeculture.xml:11711
msgid ""
-"The day Eldred was decided, fate would have it that I was to travel to "
-"Washington, D.C. (The day the rehearing petition in Eldred was "
-"denied—meaning the case was really finally over—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."
+"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—meaning the case was really "
+"finally over—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."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11749
+#: freeculture.xml:11721
msgid ""
"It was an act of contrition. During the whole of the flight from San "
"Francisco to Washington, I had heard over and over again in my head the same "
#. PAGE BREAK 256
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11759
+#: freeculture.xml:11731
msgid ""
-"The New York Times published the piece. In it, I proposed a simple fix: "
-"Fifty years after a work has been published, the copyright owner would be "
-"required to register the work and pay a small fee. If he paid the fee, he "
-"got the benefit of the full term of copyright. If he did not, the work "
-"passed into the public domain."
+"<citetitle>The New York Times</citetitle> published the piece. In it, I "
+"proposed a simple fix: Fifty years after a work has been published, the "
+"copyright owner would be required to register the work and pay a small "
+"fee. If he paid the fee, he got the benefit of the full term of "
+"copyright. If he did not, the work passed into the public domain."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11767
+#: freeculture.xml:11739
msgid ""
"We called this the Eldred Act, but that was just to give it a name. Eric "
"Eldred was kind enough to let his name be used once again, but as he said "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11772
+#: freeculture.xml:11744
msgid ""
"Or another two names. For depending upon your perspective, this is either "
"the \"Public Domain Enhancement Act\" or the \"Copyright Term Deregulation "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11780 freeculture.xml:11979
+#: freeculture.xml:11752 freeculture.xml:11951
msgid "Forbes, Steve"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11782
+#: freeculture.xml:11754
msgid ""
"The reaction to this idea was amazingly strong. Steve Forbes endorsed it in "
"an editorial. I received an avalanche of e-mail and letters expressing "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11794
+#: freeculture.xml:11766
msgid ""
"Indeed, many recognized the obvious benefit of the registration "
"requirement. For one of the hardest things about the current system for "
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11804
+#: freeculture.xml:11776
msgid "Berlin Act (1908)"
msgstr ""
#. type: Content of: <book><chapter><sect1><indexterm><primary>
-#: freeculture.xml:11805 freeculture.xml:11844
+#: freeculture.xml:11777 freeculture.xml:11816
msgid "Berne Convention (1908)"
msgstr ""
#. f1.
#. type: Content of: <book><chapter><sect1><para><footnote><para>
-#: freeculture.xml:11812
+#: freeculture.xml:11784
msgid ""
"Until the 1908 Berlin Act of the Berne Convention, national copyright "
"legislation sometimes made protection depend upon compliance with "
"National Museum. Copies of books published in the United Kingdom must be "
"deposited in the British Library. The German Copyright Act provides for a "
"Registrar of Authors where the author's true name can be filed in the case "
-"of anonymous or pseudonymous works. Paul Goldstein, International "
-"Intellectual Property Law, Cases and Materials (New York: Foundation Press, "
-"2001), 153–54."
+"of anonymous or pseudonymous works. Paul Goldstein, <citetitle>International "
+"Intellectual Property Law, Cases and Materials</citetitle> (New York: "
+"Foundation Press, 2001), 153–54."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11808
+#: freeculture.xml:11780
msgid ""
"As I described in chapter 10, formalities in copyright law were removed in "
"1976, when Congress followed the Europeans by abandoning any formal "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11838
+#: freeculture.xml:11810
msgid ""
"That's great rhetoric. It sounds wonderfully romantic. But it is absurd "
"copyright policy. It is absurd especially for authors, because a world "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11846
+#: freeculture.xml:11818
msgid ""
"The fight against formalities achieved its first real victory in Berlin in "
"1908. International copyright lawyers amended the Berne Convention in 1908, "
"to require copyright terms of life plus fifty years, as well as the "
"abolition of copyright formalities. The formalities were hated because the "
"stories of inadvertent loss were increasingly common. It was as if a Charles "
-"Dickens character ran all copyright offices, and the failure to dot an i or "
-"cross a t resulted in the loss of widows' only income."
+"Dickens character ran all copyright offices, and the failure to dot an "
+"<citetitle>i</citetitle> or cross a <citetitle>t</citetitle> resulted in the "
+"loss of widows' only income."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11856
+#: freeculture.xml:11828
msgid ""
"These complaints were real and sensible. And the strictness of the "
"formalities, especially in the United States, was absurd. The law should "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11864
+#: freeculture.xml:11836
msgid ""
"Even that would have been resisted, however, because registration in the "
"nineteenth and twentieth centuries was still expensive. It was also a "
#. PAGE BREAK 258
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11872
+#: freeculture.xml:11844
msgid ""
"In addition to the practical complaint of authors in 1908, there was a moral "
"claim as well. There was no reason that creative property should be a "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11884
+#: freeculture.xml:11856
msgid ""
"This argument is correct, but its implications are misleading. For the "
"argument in favor of formalities does not depend upon creative property "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11893
+#: freeculture.xml:11865
msgid ""
"No one thinks, for example, that land is second-class property just because "
"you have to register a deed with a court if your sale of land is to be "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11909
+#: freeculture.xml:11881
msgid ""
"It is similarly special physics that makes formalities important in "
"copyright law. Unlike a carpenter's table, there's nothing in nature that "
"owner. And like a car, there's no way to buy and sell creative property with "
"confidence unless there is some simple way to authenticate who is the author "
"and what rights he has. Simple transactions are destroyed in a world without "
-"formalities. Complex, expensive, lawyer transactions take their place. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"formalities. Complex, expensive, <emphasis>lawyer</emphasis> transactions "
+"
take their place. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11924
+#: freeculture.xml:11896
msgid ""
"This was the understanding of the problem with the Sonny Bono Act that we "
"tried to demonstrate to the Court. This was the part it didn't \"get.\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11934
+#: freeculture.xml:11906
msgid ""
"But now that copyrights can be just about a century long, the inability to "
"know what is protected and what is not protected becomes a huge and obvious "
"burden on the creative process. If the only way a library can offer an "
"Internet exhibit about the New Deal is to hire a lawyer to clear the rights "
"to every image and sound, then the copyright system is burdening creativity "
-"in a way that has never been seen before because there are no formalities."
+"in a way that has never been seen before <emphasis>because there are no "
+"formalities</emphasis>."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11943
+#: freeculture.xml:11915
msgid ""
"The Eldred Act was designed to respond to exactly this problem. If it is "
"worth $1 to you, then register your work and you can get the longer "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11950
+#: freeculture.xml:11922
msgid ""
"If it isn't worth it to you to register to get the benefit of an extended "
"term, then it shouldn't be worth it for the government to defend your "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11957
+#: freeculture.xml:11929
msgid ""
"Some worry about the burden on authors. Won't the burden of registering the "
"work mean that the $1 is really misleading? Isn't the hassle worth more than "
#. PAGE BREAK 260
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11963
+#: freeculture.xml:11935
msgid ""
"It is. The hassle is terrible. The system that exists now is awful. I "
"completely agree that the Copyright Office has done a terrible job (no doubt "
"because they are terribly funded) in enabling simple and cheap "
"registrations. Any real solution to the problem of formalities must address "
-"the real problem of governments standing at the core of any system of "
-"formalities. In this book, I offer such a solution. That solution "
-"essentially remakes the Copyright Office. For now, assume it was Amazon that "
-"ran the registration system. Assume it was one-click registration. The "
-"Eldred Act would propose a simple, one-click registration fifty years after "
-"a work was published. Based upon historical data, that system would move up "
-"to 98 percent of commercial work, commercial work that no longer had a "
-"commercial life, into the public domain within fifty years. What do you "
-"think?"
+"the real problem of <emphasis>governments</emphasis> standing at the core of "
+"any system of formalities. In this book, I offer such a solution. That "
+"solution essentially remakes the Copyright Office. For now, assume it was "
+"Amazon that ran the registration system. Assume it was one-click "
+"registration. The Eldred Act would propose a simple, one-click registration "
+"fifty years after a work was published. Based upon historical data, that "
+"system would move up to 98 percent of commercial work, commercial work that "
+"no longer had a commercial life, into the public domain within fifty "
+"years. What do you think?"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11981
+#: freeculture.xml:11953
msgid ""
"When Steve Forbes endorsed the idea, some in Washington began to pay "
"attention. Many people contacted me pointing to representatives who might be "
msgstr ""
#. type: Content of: <book><chapter><sect1><para><indexterm><primary>
-#: freeculture.xml:11994
+#: freeculture.xml:11966
msgid "Lofgren, Zoe"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11987
+#: freeculture.xml:11959
msgid ""
"One representative, Zoe Lofgren of California, went so far as to get the "
"bill drafted. The draft solved any problem with international law. It "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:11997
+#: freeculture.xml:11969
msgid ""
"But at this stage, the lobbyists began to intervene. Jack Valenti and the "
"MPAA general counsel came to the congresswoman's office to give the view of "
#. PAGE BREAK 261
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12005
+#: freeculture.xml:11977
msgid ""
"The MPAA argued first that Congress had \"firmly rejected the central "
"concept in the proposed bill\"—that copyrights be renewed. That was "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12026
+#: freeculture.xml:11998
msgid ""
"Finally, the MPAA argued that existing law enabled copyright owners to do "
"this if they wanted. But the whole point is that there are thousands of "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12034
+#: freeculture.xml:12006
msgid ""
"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, "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12044
+#: freeculture.xml:12016
msgid ""
"I used these two cases as a way to frame the war that this book has been "
"about. For here, too, a new technology is forcing the law to react. And "
#. PAGE BREAK 262
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12053
+#: freeculture.xml:12025
msgid ""
"When the issue is piracy, it is right for the law to back the copyright "
"owners. The commercial piracy that I described is wrong and harmful, and the "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12064
+#: freeculture.xml:12036
msgid ""
"But when the copyright owners oppose a proposal such as the Eldred Act, "
"then, finally, there is an example that lays bare the naked selfinterest "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12074
+#: freeculture.xml:12046
msgid "What does this industry really want?"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12077
+#: freeculture.xml:12049
msgid ""
"With very little effort, the warriors could protect their content. So the "
"effort to block something like the Eldred Act is not really about protecting "
-"their content. The effort to block the Eldred Act is an effort to assure "
-"that nothing more passes into the public domain. It is another step to "
-"assure that the public domain will never compete, that there will be no use "
-"of content that is not commercially controlled, and that there will be no "
-"commercial use of content that doesn't require their permission first."
+"<emphasis>their</emphasis> content. The effort to block the Eldred Act is an "
+"effort to assure that nothing more passes into the public domain. It is "
+"another step to assure that the public domain will never compete, that there "
+"will be no use of content that is not commercially controlled, and that "
+"there will be no commercial use of content that doesn't require "
+"<emphasis>their</emphasis> permission first."
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12087
+#: freeculture.xml:12060
msgid ""
"The opposition to the Eldred Act reveals how extreme the other side is. The "
"most powerful and sexy and well loved of lobbies really has as its aim not "
"the protection of \"property\" but the rejection of a tradition. Their aim "
-"is not simply to protect what is theirs. Their aim is to assure that all "
-"there is is what is theirs."
+"is not simply to protect what is theirs. <emphasis>Their aim is to assure "
+"that all there is is what is theirs</emphasis>."
msgstr ""
#. PAGE BREAK 263
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12094
+#: freeculture.xml:12068
msgid ""
"It is not hard to understand why the warriors take this view. It is not hard "
"to see why it would benefit them if the competition of the public domain "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12106
+#: freeculture.xml:12080
msgid ""
"What is hard to understand is why the public takes this view. It is as if "
"the law made airplanes trespassers. The MPAA stands with the Causbys and "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12113
+#: freeculture.xml:12087
msgid ""
"All this seems to follow easily from this untroubled acceptance of the "
"\"property\" in intellectual property. Common sense supports it, and so long "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:12125
+#: freeculture.xml:12099
msgid "CONCLUSION"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12127
+#: freeculture.xml:12101
msgid ""
"There are more than 35 million people with the AIDS virus "
"worldwide. Twenty-five million of them live in sub-Saharan Africa. "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12134
+#: freeculture.xml:12108
msgid ""
"There is no cure for AIDS, but there are drugs to slow its progression. "
"These antiretroviral therapies are still experimental, but they have already "
#. f1.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12149
+#: freeculture.xml:12123
msgid ""
"Commission on Intellectual Property Rights, \"Final Report: Integrating "
"Intellectual Property Rights and Development Policy\" (London, 2002), "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12142
+#: freeculture.xml:12116
msgid ""
"These drugs are expensive. When they were first introduced in the United "
"States, they cost between $10,000 and $15,000 per person per year. Today, "
#. PAGE BREAK 265
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12160
+#: freeculture.xml:12134
msgid ""
"These prices are not high because the ingredients of the drugs are "
"expensive. These prices are high because the drugs are protected by "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12168
+#: freeculture.xml:12142
msgid ""
"There are many who are skeptical of patents, especially drug patents. I am "
"not. Indeed, of all the areas of research that might be supported by "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12179
+#: freeculture.xml:12153
msgid ""
"But it is one thing to support patents, even drug patents. It is another "
"thing to determine how best to deal with a crisis. And as African leaders "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12197 freeculture.xml:12628
+#: freeculture.xml:12171 freeculture.xml:12599
msgid "Braithwaite, John"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12195
+#: freeculture.xml:12169
msgid ""
-"See Peter Drahos with John Braithwaite, Information Feudalism: Who Owns the "
-"Knowledge Economy? (New York: The New Press, 2003), 37. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"See Peter Drahos with John Braithwaite, Information Feudalism: "
+"<citetitle>Who Owns the Knowledge Economy?</citetitle> (New York: The New "
+"Press, 2003), 37. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
+"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12186
+#: freeculture.xml:12160
msgid ""
"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 another "
#. f3.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12207
+#: freeculture.xml:12182
msgid ""
-"International Intellectual Property Institute (IIPI), Patent Protection and "
-"Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a Report Prepared "
-"for the World Intellectual Property Organization (Washington, D.C., 2000), "
-"14, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#56</ulink>. For a firsthand account of the struggle over South Africa, see "
-"Hearing Before the Subcommittee on Criminal Justice, Drug Policy, and Human "
-"Resources, House Committee on Government Reform, H. Rep., 1st sess., "
-"Ser. No. 106-126 (22 July 1999), 150–57 (statement of James Love)."
+"International Intellectual Property Institute (IIPI), <citetitle>Patent "
+"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), 14, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #56</ulink>. For a firsthand "
+"account of the struggle over South Africa, see Hearing Before the "
+"Subcommittee on Criminal Justice, Drug Policy, and Human Resources, House "
+"Committee on Government Reform, H. Rep., 1st sess., Ser. No. 106-126 (22 "
+"July 1999), 150–57 (statement of James Love)."
msgstr ""
#. f4.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12239
+#: freeculture.xml:12209
msgid ""
-"International Intellectual Property Institute (IIPI), Patent Protection and "
-"Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a Report Prepared "
-"for the World Intellectual Property Organization (Washington, D.C., 2000), "
-"15."
+"International Intellectual Property Institute (IIPI), <citetitle>Patent "
+"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."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12202
+#: freeculture.xml:12176
msgid ""
"However, the United States government opposed the bill. Indeed, more than "
"opposed. As the International Intellectual Property Association "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12245
+#: freeculture.xml:12215
msgid ""
"We should place the intervention by the United States in context. No doubt "
"patents are not the most important reason that Africans don't have access to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12255
+#: freeculture.xml:12225
msgid ""
"By stopping the flow of HIV treatment into Africa, the United States "
"government was not saving drugs for United States citizens. This is not "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12263
+#: freeculture.xml:12233
msgid ""
"Nor was the intervention by the United States going to protect the profits "
"of United States drug companies—at least, not substantially. It was "
#. f5.
#. PAGE BREAK 333
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12278
+#: freeculture.xml:12248
msgid ""
"See Sabin Russell, \"New Crusade to Lower AIDS Drug Costs: Africa's Needs at "
-"Odds with Firms' Profit Motive,\" San Francisco Chronicle, 24 May 1999, A1, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link #57</ulink> "
-"(\"compulsory licenses and gray markets pose a threat to the entire system "
-"of intellectual property protection\"); Robert Weissman, \"AIDS and "
-"Developing Countries: Democratizing Access to Essential Medicines,\" Foreign "
-"Policy in Focus 4:23 (August 1999), available at <ulink "
+"Odds with Firms' Profit Motive,\" <citetitle>San Francisco "
+"Chronicle</citetitle>, 24 May 1999, A1, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #57</ulink> (\"compulsory "
+"licenses and gray markets pose a threat to the entire system of intellectual "
+"property protection\"); Robert Weissman, \"AIDS and Developing Countries: "
+"Democratizing Access to Essential Medicines,\" <citetitle>Foreign Policy in "
+"Focus</citetitle> 4:23 (August 1999), available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #58</ulink> (describing "
"U.S. policy); John A. Harrelson, \"TRIPS, Pharmaceutical Patents, and the "
"HIV/AIDS Crisis: Finding the Proper Balance Between Intellectual Property "
-"Rights and Compassion, a Synopsis,\" Widener Law Symposium Journal (Spring "
-"2001): 175."
+"Rights and Compassion, a Synopsis,\" <citetitle>Widener Law Symposium "
+"Journal</citetitle> (Spring 2001): 175."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12272
+#: freeculture.xml:12242
msgid ""
"Instead, the argument in favor of restricting this flow of information, "
"which was needed to save the lives of millions, was an argument about the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12299
+#: freeculture.xml:12269
msgid ""
"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 let this "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12309
+#: freeculture.xml:12279
msgid ""
"Some blame the drug companies. I don't. They are corporations. Their "
"managers are ordered by law to make money for the corporation. They push a "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12317
+#: freeculture.xml:12287
msgid ""
"The corruption is our own politicians' failure of integrity. For the drug "
"companies would love—they say, and I believe them—to sell their "
#. PAGE BREAK 268
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12325
+#: freeculture.xml:12295
msgid ""
"A different problem, however, could not be overcome. This is the fear of the "
"grandstanding politician who would call the presidents of the drug companies "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12340
+#: freeculture.xml:12310
msgid ""
"So when the common sense of your child confronts you, what will you say? "
"When the common sense of a generation finally revolts against what we have "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12346
+#: freeculture.xml:12316
msgid ""
"A sensible patent policy could endorse and strongly support the patent "
"system without having to reach everyone everywhere in exactly the same "
#. PAGE BREAK 269
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12358
+#: freeculture.xml:12328
msgid ""
"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 extremism. "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12378
+#: freeculture.xml:12348
msgid ""
"So far, common sense sleeps. There is no revolt. Common sense does not yet "
"see what there could be to revolt about. The extremism that now dominates "
#. f6.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12395
+#: freeculture.xml:12365
msgid ""
-"Jonathan Krim, \"The Quiet War over Open-Source,\" Washington Post, August "
-"2003, E1, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#59</ulink>; William New, \"Global Group's Shift on `Open Source' Meeting "
-"Spurs Stir,\" National Journal's Technology Daily, 19 August 2003, available "
-"at <ulink url=\"http://free-culture.cc/notes/\">link #60</ulink>; William "
-"New, \"U.S. Official Opposes `Open Source' Talks at WIPO,\" National "
-"Journal's Technology Daily, 19 August 2003, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #61</ulink>."
+"Jonathan Krim, \"The Quiet War over Open-Source,\" <citetitle>Washington "
+"Post</citetitle>, August 2003, E1, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #59</ulink>; William New, "
+"\"Global Group's Shift on `Open Source' Meeting Spurs Stir,\" "
+"<citetitle>National Journal's Technology Daily</citetitle>, 19 August 2003, "
+"available at <ulink url=\"http://free-culture.cc/notes/\">link #60</ulink>; "
+"William New, \"U.S. Official Opposes `Open Source' Talks at WIPO,\" "
+"<citetitle>National Journal's Technology Daily</citetitle>, 19 August 2003, "
+"available at <ulink url=\"http://free-culture.cc/notes/\">link #61</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:12423 freeculture.xml:13143
+#: freeculture.xml:12393 freeculture.xml:13115
msgid "PLoS (Public Library of Science)"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12392
+#: freeculture.xml:12362
msgid ""
"In August 2003, a fight broke out in the United States about a decision by "
"the World Intellectual Property Organization to cancel a "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12426
+#: freeculture.xml:12396
msgid ""
"The aim of the meeting was to consider this wide range of projects from one "
"common perspective: that none of these projects relied upon intellectual "
#. f7.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12434
+#: freeculture.xml:12404
msgid ""
"I should disclose that I was one of the people who asked WIPO for the "
"meeting."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12433
+#: freeculture.xml:12403
msgid ""
"From the perspective of this book, then, the conference was "
"ideal.<placeholder type=\"footnote\" id=\"0\"/> The projects within its "
#. PAGE BREAK 271
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12444
+#: freeculture.xml:12414
msgid ""
"Indeed, I was once publicly scolded for not recognizing this fact about "
"WIPO. In February 2003, I delivered a keynote address to a preparatory "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12468
+#: freeculture.xml:12438
msgid ""
"So whether or not WSIS can discuss balance in intellectual property, I had "
"thought it was taken for granted that WIPO could and should. And thus the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12474
+#: freeculture.xml:12444
msgid ""
"But there is one project within that list that is highly controversial, at "
"least among lobbyists. That project is \"open source and free software.\" "
#. f8.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12496
+#: freeculture.xml:12466
msgid ""
"Microsoft's position about free and open source software is more "
"sophisticated. As it has repeatedly asserted, it has no problem with \"open "
"opposition is to \"free software\" licensed under a \"copyleft\" license, "
"meaning a license that requires the licensee to adopt the same terms on any "
"derivative work. See Bradford L. Smith, \"The Future of Software: Enabling "
-"the Marketplace to Decide,\" Government Policy Toward Open Source Software "
-"(Washington, D.C.: AEI-Brookings Joint Center for Regulatory Studies, "
-"American Enterprise Institute for Public Policy Research, 2002), 69, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#62</ulink>. See also Craig Mundie, Microsoft senior vice president, The "
-"Commercial Software Model, discussion at New York University Stern School of "
+"the Marketplace to Decide,\" <citetitle>Government Policy Toward Open Source "
+"Software</citetitle> (Washington, D.C.: AEI-Brookings Joint Center for "
+"Regulatory Studies, American Enterprise Institute for Public Policy "
+"Research, 2002), 69, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #62</ulink>. See also Craig "
+"Mundie, Microsoft senior vice president, <citetitle>The Commercial Software "
+"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>."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12485
+#: freeculture.xml:12455
msgid ""
"I don't mean to enter that debate here. It is important only to make clear "
"that the distinction is not between commercial and noncommercial "
#. PAGE BREAK 272
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12514
+#: freeculture.xml:12484
msgid ""
"More important for our purposes, to support \"open source and free "
"software\" is not to oppose copyright. \"Open source and free software\" is "
#. f9.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12540
+#: freeculture.xml:12510
msgid ""
"Krim, \"The Quiet War over Open-Source,\" available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #64</ulink>."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12532
+#: freeculture.xml:12502
msgid ""
"It is therefore understandable that as a proprietary software developer, "
"Microsoft would oppose this WIPO meeting, and understandable that it would "
"use its lobbyists to get the United States government to oppose it, as "
"well. And indeed, that is just what was reported to have happened. According "
-"to Jonathan Krim of the Washington Post, Microsoft's lobbyists succeeded in "
-"getting the United States government to veto the meeting.<placeholder "
-"type=\"footnote\" id=\"0\"/> And without U.S. backing, the meeting was "
-"canceled."
+"to Jonathan Krim of the <citetitle>Washington Post</citetitle>, Microsoft's "
+"lobbyists succeeded in getting the United States government to veto the "
+"meeting.<placeholder type=\"footnote\" id=\"0\"/> And without U.S. backing, "
+"the meeting was canceled."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12546
+#: freeculture.xml:12516
msgid ""
"I don't blame Microsoft for doing what it can to advance its own interests, "
"consistent with the law. And lobbying governments is plainly consistent with "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12554
+#: freeculture.xml:12524
msgid ""
"What was surprising was the United States government's reason for opposing "
"the meeting. Again, as reported by Krim, Lois Boland, acting director of "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12564
+#: freeculture.xml:12534
msgid "These statements are astonishing on a number of levels."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12568
+#: freeculture.xml:12538
msgid ""
"First, they are just flat wrong. As I described, most open source and free "
"software relies fundamentally upon the intellectual property right called "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12578
+#: freeculture.xml:12548
msgid ""
"Second, who ever said that WIPO's exclusive aim was to \"promote\" "
"intellectual property maximally? As I had been scolded at the preparatory "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12591
+#: freeculture.xml:12561
msgid ""
"Third, even if one believed that the purpose of WIPO was to maximize "
"intellectual property rights, in our tradition, intellectual property rights "
"are held by individuals and corporations. They get to decide what to do with "
-"those rights because, again, they are their rights. If they want to "
-"\"waive\" or \"disclaim\" their rights, that is, within our tradition, "
-"totally appropriate. When Bill Gates gives away more than $20 billion to do "
-"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 "
-"their property. <placeholder type=\"indexterm\" id=\"0\"/>"
+"those rights because, again, they are <emphasis>their</emphasis> rights. If "
+"they want to \"waive\" or \"disclaim\" their rights, that is, within our "
+"tradition, totally appropriate. When Bill Gates gives away more than $20 "
+"billion to do 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. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 274
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12604
+#: freeculture.xml:12575
msgid ""
"When Ms. Boland says that there is something wrong with a meeting \"which "
"has as its purpose to disclaim or waive such rights,\" she's saying that "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12616
+#: freeculture.xml:12587
msgid ""
"There is a history of just such a property system that is well known in the "
"Anglo-American tradition. It is called \"feudalism.\" Under feudalism, not "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12633
+#: freeculture.xml:12604
msgid ""
-"See Drahos with Braithwaite, Information Feudalism, 210–20. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"See Drahos with Braithwaite, <citetitle>Information Feudalism</citetitle>, "
+"
210–20. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12630
+#: freeculture.xml:12601
msgid ""
"As Peter Drahos and John Braithwaite relate, this is precisely the choice we "
"are now making about intellectual property.<placeholder type=\"footnote\" "
"id=\"0\"/> We will have an information society. That much is certain. Our "
-"only choice now is whether that information society will be free or "
-"feudal. The trend is toward the feudal."
+"only choice now is whether that information society will be "
+"<emphasis>free</emphasis> or <emphasis>feudal</emphasis>. The trend is "
+"toward the feudal."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12641
+#: freeculture.xml:12613
msgid ""
"When this battle broke, I blogged it. A spirited debate within the comment "
"section ensued. Ms. Boland had a number of supporters who tried to show why "
#. PAGE BREAK 275
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:12648
+#: freeculture.xml:12620
msgid ""
"George, you misunderstand Lessig: He's only talking about the world as it "
"should be (\"the goal of WIPO, and the goal of any government, should be to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12660
+#: freeculture.xml:12632
msgid ""
"I missed the irony the first time I read it. I read it quickly and thought "
"the poster was supporting the idea that seeking balance was what our "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12670
+#: freeculture.xml:12642
msgid ""
"Obviously, however, the poster was not supporting that idea. Instead, the "
"poster was ridiculing the very idea that in the real world, the \"goal\" of "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12678
+#: freeculture.xml:12650
msgid ""
"I understand criticism of academic utopianism. I think utopianism is silly, "
"too, and I'd be the first to poke fun at the absurdly unrealistic ideals of "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12684
+#: freeculture.xml:12656
msgid ""
"But when it has become silly to suppose that the role of our government "
"should be to \"seek balance,\" then count me with the silly, for that means "
#. PAGE BREAK 276
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12695
+#: freeculture.xml:12667
msgid ""
"It might be crazy to expect a high government official to speak the "
"truth. It might be crazy to believe that government policy will be something "
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:12714
+#: freeculture.xml:12686
msgid "Turner, Ted"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12704
+#: freeculture.xml:12676
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12718
+#: freeculture.xml:12690
msgid ""
"This activism did not stop the FCC, but soon after, a broad coalition in the "
"Senate voted to reverse the FCC decision. The hostile hearings leading up to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12726
+#: freeculture.xml:12698
msgid ""
"But even this movement misses an important piece of the puzzle. Largeness "
"as such is not bad. Freedom is not threatened just because some become very "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12733
+#: freeculture.xml:12705
msgid ""
"The danger in media concentration comes not from the concentration, but "
"instead from the feudalism that this concentration, tied to the change in "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12743
+#: freeculture.xml:12715
msgid ""
"It is therefore significant that so many would rally to demand competition "
"and increased diversity. Still, if the rally is understood as being about "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12750
+#: freeculture.xml:12722
msgid ""
"It would be something new, and something very important, if an equal number "
"could be rallied to fight the increasing extremism built within the idea of "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12758
+#: freeculture.xml:12730
msgid ""
"If we were Achilles, this would be our heel. This would be the place of our "
"tragedy."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12761
+#: freeculture.xml:12733
msgid "Dylan, Bob"
msgstr ""
#. f11.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12766
+#: freeculture.xml:12738
msgid ""
"John Borland, \"RIAA Sues 261 File Swappers,\" CNET News.com, September "
"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
"8 September 2003, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #66</ulink>; Soni Sangha and "
"Phyllis Furman with Robert Gearty, \"Sued for a Song, N.Y.C. 12-Yr-Old Among "
-"261 Cited as Sharers,\" New York Daily News, 9 September 2003, 3; Frank "
-"Ahrens, \"RIAA's Lawsuits Meet Surprised Targets; Single Mother in Calif., "
-"12-Year-Old Girl in N.Y. Among Defendants,\" Washington Post, 10 September "
-"2003, E1; Katie Dean, \"Schoolgirl Settles with RIAA,\" Wired News, 10 "
+"261 Cited as Sharers,\" <citetitle>New York Daily News</citetitle>, 9 "
+"September 2003, 3; Frank Ahrens, \"RIAA's Lawsuits Meet Surprised Targets; "
+"Single Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,\" "
+"<citetitle>Washington Post</citetitle>, 10 September 2003, E1; Katie Dean, "
+"\"Schoolgirl Settles with RIAA,\" <citetitle>Wired News</citetitle>, 10 "
"September 2003, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #67</ulink>."
msgstr ""
#. f12.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12784
+#: freeculture.xml:12756
msgid ""
"Jon Wiederhorn, \"Eminem Gets Sued . . . by a Little Old Lady,\" mtv.com, 17 "
"September 2003, available at <ulink "
#. f13.
#. PAGE BREAK 334
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12791
+#: freeculture.xml:12763
msgid ""
"Kenji Hall, Associated Press, \"Japanese Book May Be Inspiration for Dylan "
"Songs,\" Kansascity.com, 9 July 2003, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12763
+#: freeculture.xml:12735
msgid ""
"As I write these final words, the news is filled with stories about the RIAA "
"lawsuits against almost three hundred individuals.<placeholder "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:12808 freeculture.xml:13159
+#: freeculture.xml:12780 freeculture.xml:13131
msgid "Creative Commons"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12809
+#: freeculture.xml:12781
msgid "Gil, Gilberto"
msgstr ""
#. f14.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12814
+#: freeculture.xml:12786
msgid ""
"\"BBC Plans to Open Up Its Archive to the Public,\" BBC press release, 24 "
"August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
#. f15.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12823
+#: freeculture.xml:12795
msgid ""
"\"Creative Commons and Brazil,\" Creative Commons Weblog, 6 August 2003, "
"available at <ulink url=\"http://free-culture.cc/notes/\">link #71</ulink>."
#. PAGE BREAK 278
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12811
+#: freeculture.xml:12783
msgid ""
"Yet on the other side of the Atlantic, the BBC has just announced that it "
"will build a \"Creative Archive,\" from which British citizens can download "
#. PAGE BREAK 279
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12837
+#: freeculture.xml:12809
msgid ""
"Common sense must revolt. It must act to free culture. Soon, if this "
"potential is ever to be realized."
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:12845
+#: freeculture.xml:12817
msgid "AFTERWORD"
msgstr ""
#. PAGE BREAK 280
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12849
+#: freeculture.xml:12821
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12854
+#: freeculture.xml:12826
msgid ""
"I divide this map into two parts: that which anyone can do now, and that "
"which requires the help of lawmakers. If there is one lesson that we can "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12860
+#: freeculture.xml:12832
msgid ""
"That means this movement must begin in the streets. It must recruit a "
"significant number of parents, teachers, librarians, creators, authors, "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12867
+#: freeculture.xml:12839
msgid ""
"Once this movement has its effect in the streets, it has some hope of having "
"an effect in Washington. We are still a democracy. What people think "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:12876
+#: freeculture.xml:12848
msgid "US, NOW"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12878
+#: freeculture.xml:12850
msgid ""
"Common sense is with the copyright warriors because the debate so far has "
"been framed at the extremes—as a grand either/or: either property or "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12884
+#: freeculture.xml:12856
msgid ""
"The mistake here is the error of the excluded middle. There are extremes in "
"this debate, but the extremes are not all that there is. There are those who "
#. PAGE BREAK 282
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12894
+#: freeculture.xml:12866
msgid ""
"When the Internet was first born, its initial architecture effectively "
"tilted in the \"no rights reserved\" direction. Content could be copied "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12906
+#: freeculture.xml:12878
msgid ""
"This initial character produced a reaction (opposite, but not quite equal) "
"by copyright owners. That reaction has been the topic of this book. Through "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:12920
+#: freeculture.xml:12892
msgid ""
"What's needed is a way to say something in the middle—neither \"all "
"rights reserved\" nor \"no rights reserved\" but \"some rights "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:12929
+#: freeculture.xml:12901
msgid "Rebuilding Freedoms Previously Presumed: Examples"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:12931
+#: freeculture.xml:12903
msgid ""
"If you step back from the battle I've been describing here, you will "
"recognize this problem from other contexts. Think about privacy. Before the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:12941
+#: freeculture.xml:12913
msgid "What made it assured?"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:12945
+#: freeculture.xml:12917
msgid ""
"Well, if we think in terms of the modalities I described in chapter 10, your "
"privacy was assured because of an inefficient architecture for gathering "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:12959
+#: freeculture.xml:12931
msgid "Amazon"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:12961
+#: freeculture.xml:12933
msgid ""
"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 browse the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:12971
+#: freeculture.xml:12943
msgid ""
"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 people "
#. f1.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:12987
+#: freeculture.xml:12959
msgid ""
"See, for example, Marc Rotenberg, \"Fair Information Practices and the "
-"Architecture of Privacy (What Larry Doesn't Get),\" Stanford Technology Law "
-"Review 1 (2001): par. 6–18, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #72</ulink> (describing examples "
-"in which technology defines privacy policy). See also Jeffrey Rosen, The "
-"Naked Crowd: Reclaiming Security and Freedom in an Anxious Age (New York: "
-"Random House, 2004) (mapping tradeoffs between technology and privacy)."
+"Architecture of Privacy (What Larry Doesn't Get),\" <citetitle>Stanford "
+"Technology Law Review</citetitle> 1 (2001): par. 6–18, available at "
+"<ulink url=\"http://free-culture.cc/notes/\">link #72</ulink> (describing "
+"examples in which technology defines privacy policy). See also Jeffrey "
+"Rosen, <citetitle>The Naked Crowd: Reclaiming Security and Freedom in an "
+"Anxious Age</citetitle> (New York: Random House, 2004) (mapping tradeoffs "
+"between technology and privacy)."
msgstr ""
#. PAGE BREAK 284
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:12981
+#: freeculture.xml:12953
msgid ""
"It is this reality that explains the push of many to define \"privacy\" on "
"the Internet. It is the recognition that technology can remove what friction "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13005
+#: freeculture.xml:12977
msgid ""
"A similar story could be told about the birth of the free software "
"movement. When computers with software were first made available "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary>
-#: freeculture.xml:13012
+#: freeculture.xml:12984
msgid "Stallman, Richard"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13014
+#: freeculture.xml:12986
msgid ""
"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 one was "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13022
+#: freeculture.xml:12994
msgid ""
"In an academic setting, at least, that's not a terribly radical idea. In a "
"math department, anyone would be free to tinker with a proof that someone "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13034
+#: freeculture.xml:13006
msgid ""
"No one answered that question. Instead, the architecture of revenue for "
"computing changed. As it became possible to import programs from one system "
#. PAGE BREAK 285
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13043
+#: freeculture.xml:13015
msgid ""
"Thus, the practice of proprietary code began to spread, and by the early "
"1980s, Stallman found himself surrounded by proprietary code. The world of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13052
+#: freeculture.xml:13024
msgid ""
"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 was "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13058
+#: freeculture.xml:13030
msgid ""
"Stallman's technique was to use copyright law to build a world of software "
"that must be kept free. Software licensed under the Free Software "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13069
+#: freeculture.xml:13041
msgid ""
"Stallman was thus doing for software what privacy advocates now do for "
"privacy. He was seeking a way to rebuild a kind of freedom that was taken "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13077
+#: freeculture.xml:13049
msgid ""
"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 "
#. PAGE BREAK 286
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13082
+#: freeculture.xml:13054
msgid ""
"As digital technologies develop, it is becoming obvious to many that "
"printing thousands of copies of journals every month and sending them to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13098
+#: freeculture.xml:13070
msgid ""
"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 for "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13107
+#: freeculture.xml:13079
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13112
+#: freeculture.xml:13084
msgid ""
"As many are beginning to notice, this is increasingly the reality with "
"scientific journals. When these journals were distributed in paper form, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13124
+#: freeculture.xml:13096
msgid ""
"As journals become electronic, however, the publishers are demanding that "
"libraries not give the general public access to the journals. This means "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13132
+#: freeculture.xml:13104
msgid ""
"This shrinking freedom has led many to take affirmative steps to restore the "
"freedom that has been lost. The Public Library of Science (PLoS), for "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13146
+#: freeculture.xml:13118
msgid ""
"This is one of many such efforts to restore a freedom taken for granted "
"before, but now threatened by changing technology and markets. There's no "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:13157
+#: freeculture.xml:13129
msgid "Rebuilding Free Culture: One Idea"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13162
+#: freeculture.xml:13134
msgid ""
"The same strategy could be applied to culture, as a response to the "
"increasing control effected through law and technology."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13166
+#: freeculture.xml:13138
msgid ""
"Enter the Creative Commons. The Creative Commons is a nonprofit corporation "
"established in Massachusetts, but with its home at Stanford University. Its "
-"aim is to build a layer of reasonable copyright on top of the extremes that "
-"now reign. It does this by making it easy for people to build upon other "
-"people's work, by making it simple for creators to express the freedom for "
-"others to take and build upon their work. Simple tags, tied to "
-"human-readable descriptions, tied to bulletproof licenses, make this "
+"aim is to build a layer of <emphasis>reasonable</emphasis> copyright on top "
+"of the extremes that now reign. It does this by making it easy for people to "
+"build upon other people's work, by making it simple for creators to express "
+"the freedom for others to take and build upon their work. Simple tags, tied "
+"to human-readable descriptions, tied to bulletproof licenses, make this "
"possible."
msgstr ""
#. PAGE BREAK 288
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13176
+#: freeculture.xml:13149
msgid ""
-"Simple—which means without a middleman, or without a lawyer. By "
-"developing a free set of licenses that people can attach to their content, "
-"Creative Commons aims to mark a range of content that can easily, and "
-"reliably, be built upon. These tags are then linked to machine-readable "
-"versions of the license that enable computers automatically to identify "
-"content that can easily be shared. These three expressions together—a "
-"legal license, a human-readable description, and machine-readable "
-"tags—constitute a Creative Commons license. A Creative Commons license "
-"constitutes a grant of freedom to anyone who accesses the license, and more "
-"importantly, an expression of the ideal that the person associated with the "
-"license believes in something different than the \"All\" or \"No\" "
-"extremes. Content is marked with the CC mark, which does not mean that "
-"copyright is waived, but that certain freedoms are given."
+"<emphasis>Simple</emphasis>—which means without a middleman, or "
+"without a lawyer. By developing a free set of licenses that people can "
+"attach to their content, Creative Commons aims to mark a range of content "
+"that can easily, and reliably, be built upon. These tags are then linked to "
+"machine-readable versions of the license that enable computers automatically "
+"to identify content that can easily be shared. These three expressions "
+"together—a legal license, a human-readable description, and "
+"machine-readable tags—constitute a Creative Commons license. A "
+"Creative Commons license constitutes a grant of freedom to anyone who "
+"accesses the license, and more importantly, an expression of the ideal that "
+"the person associated with the license believes in something different than "
+"the \"All\" or \"No\" extremes. Content is marked with the CC mark, which "
+"does not mean that copyright is waived, but that certain freedoms are given."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13194
+#: freeculture.xml:13167
msgid ""
"These freedoms are beyond the freedoms promised by fair use. Their precise "
"contours depend upon the choices the creator makes. The creator can choose a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13205
+#: freeculture.xml:13178
msgid ""
"These choices thus establish a range of freedoms beyond the default of "
"copyright law. They also enable freedoms that go beyond traditional fair "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary>
-#: freeculture.xml:13226
+#: freeculture.xml:13199
msgid "Garlick, Mia"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13216
+#: freeculture.xml:13189
msgid ""
"This is just one project among many within the Creative Commons. And of "
"course, Creative Commons is not the only organization pursuing such "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13229
+#: freeculture.xml:13202
msgid ""
"The aim is not to fight the \"All Rights Reserved\" sorts. The aim is to "
"complement them. The problems that the law creates for us as a culture are "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13241
+#: freeculture.xml:13214
msgid ""
"Why would creators participate in giving up total control? Some participate "
"to better spread their content. Cory Doctorow, for example, is a science "
-"fiction author. His first novel, Down and Out in the Magic Kingdom, was "
-"released on-line and for free, under a Creative Commons license, on the same "
-"day that it went on sale in bookstores."
+"fiction author. His first novel, <citetitle>Down and Out in the Magic "
+"Kingdom</citetitle>, was released on-line and for free, under a Creative "
+"Commons license, on the same day that it went on sale in bookstores."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13248
+#: freeculture.xml:13221
msgid ""
"Why would a publisher ever agree to this? I suspect his publisher reasoned "
"like this: There are two groups of people out there: (1) those who will buy "
"it. Call them bad-(1)s. Some part of (2) will download Cory's book, like "
"it, and then decide to buy it. Call them (2)-goods. If there are more "
"(2)-goods than bad-(1)s, the strategy of releasing Cory's book free on-line "
-"will probably increase sales of Cory's book."
+"will probably <emphasis>increase</emphasis> sales of Cory's book."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13260
+#: freeculture.xml:13233
msgid ""
"Indeed, the experience of his publisher clearly supports that conclusion. "
"The book's first printing was exhausted months before the publisher had "
#. PAGE BREAK 290
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13266
+#: freeculture.xml:13239
msgid ""
"The idea that free content might increase the value of nonfree content was "
"confirmed by the experience of another author. Peter Wayner, who wrote a "
-"book about the free software movement titled Free for All, made an "
-"electronic version of his book free on-line under a Creative 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."
+"book about the free software movement titled <citetitle>Free for "
+"All</citetitle>, made an electronic version of his book free on-line under a "
+"Creative 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."
msgstr ""
#. f2.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:13292
+#: freeculture.xml:13266
msgid ""
-"Willful Infringement: A Report from the Front Lines of the Real Culture Wars "
-"(2003), produced by Jed Horovitz, directed by Greg Hittelman, a Fiat Lucre "
-"production, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#72</ulink>."
+"<citetitle>Willful Infringement: A Report from the Front Lines of the Real "
+"Culture Wars</citetitle> (2003), produced by Jed Horovitz, directed by Greg "
+"Hittelman, a Fiat Lucre production, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #72</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13277
+#: freeculture.xml:13250
msgid ""
"These are examples of using the Commons to better spread proprietary "
"content. I believe that is a wonderful and common use of the Commons. There "
"or noncommercial purposes, to sample content from the licensed work; they "
"are just not free to make full copies of the licensed work available to "
"others. This is consistent with their own art—they, too, sample from "
-"others. Because the legal costs of sampling are so high (Walter Leaphart, "
-"manager of the rap group Public Enemy, which was born sampling the music of "
-"others, has stated that he does not \"allow\" Public Enemy to sample "
-"anymore, because the legal costs are so high<placeholder type=\"footnote\" "
-"id=\"0\"/>), these artists release into the creative environment content "
-"that others can build upon, so that their form of creativity might grow."
+"others. Because the <emphasis>legal</emphasis> costs of sampling are so high "
+"(Walter Leaphart, manager of the rap group Public Enemy, which was born "
+"sampling the music of others, has stated that he does not \"allow\" Public "
+"Enemy to sample anymore, because the legal costs are so high<placeholder "
+"type=\"footnote\" id=\"0\"/>), these artists release into the creative "
+"environment content that others can build upon, so that their form of "
+"creativity might grow."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13301
+#: freeculture.xml:13275
msgid ""
"Finally, there are many who mark their content with a Creative Commons "
"license just because they want to express to others the importance of "
#. PAGE BREAK 291
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13313
+#: freeculture.xml:13287
msgid ""
"In the first six months of the Creative Commons experiment, over 1 million "
"objects were licensed with these free-culture licenses. The next step is "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13323
+#: freeculture.xml:13297
msgid ""
"These are first steps to rebuilding a public domain. They are not mere "
"arguments; they are action. Building a public domain is the first step to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13331
+#: freeculture.xml:13305
msgid ""
"Creative Commons is just one example of voluntary efforts by individuals and "
"creators to change the mix of rights that now govern the creative field. The "
msgstr ""
#. type: Content of: <book><chapter><sect1><title>
-#: freeculture.xml:13345
+#: freeculture.xml:13319
msgid "THEM, SOON"
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:13347
+#: freeculture.xml:13321
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><sect1><para>
-#: freeculture.xml:13354
+#: freeculture.xml:13328
msgid ""
"In this chapter, I outline five kinds of changes: four that are general, and "
"one that's specific to the most heated battle of the day, music. Each is a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:13361
+#: freeculture.xml:13335
msgid "1. More Formalities"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13363
+#: freeculture.xml:13337
msgid ""
"If you buy a house, you have to record the sale in a deed. If you buy land "
"upon which to build a house, you have to record the purchase in a deed. If "
#. PAGE BREAK 293
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13370
+#: freeculture.xml:13344
msgid ""
"These are all formalities associated with property. They are requirements "
"that we all must bear if we want our property to be protected."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13375
+#: freeculture.xml:13349
msgid ""
"In contrast, under current copyright law, you automatically get a copyright, "
"regardless of whether you comply with any formality. You don't have to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13381
+#: freeculture.xml:13355
msgid "Why?"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13384
+#: freeculture.xml:13358
msgid ""
"As I suggested in chapter 10, the motivation to abolish formalities was a "
"good one. In the world before digital technologies, formalities imposed a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13392
+#: freeculture.xml:13366
msgid ""
"But the Internet changes all this. Formalities today need not be a "
"burden. Rather, the world without formalities is the world that burdens "
"others. There are no records, there is no system to trace— there is no "
"simple way to know how to get permission. Yet given the massive increase in "
"the scope of copyright's rule, getting permission is a necessary step for "
-"any work that builds upon our past. And thus, the lack of formalities forces "
-"many into silence where they otherwise could speak."
+"any work that builds upon our past. And thus, the <emphasis>lack</emphasis> "
+"of formalities forces many into silence where they otherwise could speak."
msgstr ""
#. f1.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:13406
+#: freeculture.xml:13380
msgid ""
"The proposal I am advancing here would apply to American works only. "
"Obviously, I believe it would be beneficial for the same idea to be adopted "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13404
+#: freeculture.xml:13378
msgid ""
"The law should therefore change this requirement<placeholder "
"type=\"footnote\" id=\"0\"/>—but it should not change it by going back "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13414
+#: freeculture.xml:13388
msgid ""
"The important formalities are three: marking copyrighted work, registering "
"copyrights, and renewing the claim to copyright. Traditionally, the first of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><title>
-#: freeculture.xml:13426
+#: freeculture.xml:13400
msgid "REGISTRATION AND RENEWAL"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13428
+#: freeculture.xml:13402
msgid ""
"Under the old system, a copyright owner had to file a registration with the "
"Copyright Office to register or renew a copyright. When filing that "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13441
+#: freeculture.xml:13415
msgid ""
"Yet it is always astonishing to me that we, who come from a tradition of "
"extraordinary innovation in governmental design, can no longer think "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13450
+#: freeculture.xml:13424
msgid ""
"In the context of registration, one obvious model is the Internet. There "
"are at least 32 million Web sites registered around the world. Domain name "
#. PAGE BREAK 295
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13460
+#: freeculture.xml:13434
msgid ""
"We should adopt a similar model for the registration and renewal of "
"copyrights. The Copyright Office may well serve as the central registry, but "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><title>
-#: freeculture.xml:13475
+#: freeculture.xml:13449
msgid "MARKING"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13477
+#: freeculture.xml:13451
msgid ""
"It used to be that the failure to include a copyright notice on a creative "
"work meant that the copyright was forfeited. That was a harsh punishment for "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13487
+#: freeculture.xml:13461
msgid ""
"The aim of marking is to signal to the public that this work is copyrighted "
"and that the author wants to enforce his rights. The mark also makes it easy "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13493
+#: freeculture.xml:13467
msgid ""
"One of the problems the copyright system confronted early on was that "
"different copyrighted works had to be differently marked. It wasn't clear "
#. f2.
#. type: Content of: <book><chapter><sect1><sect2><sect3><para><footnote><para>
-#: freeculture.xml:13510
+#: freeculture.xml:13484
msgid ""
"There would be a complication with derivative works that I have not solved "
"here. In my view, the law of derivatives creates a more complicated system "
#. PAGE BREAK 296
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13503
+#: freeculture.xml:13477
msgid ""
"Let's start with the last point. If a copyright owner allows his work to be "
"published without a copyright notice, the consequence of that failure need "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13523
+#: freeculture.xml:13497
msgid ""
"That in turn raises the question about how work should best be marked. Here "
"again, the system needs to adjust as the technologies evolve. The best way "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13530
+#: freeculture.xml:13504
msgid ""
"For example, if a recording industry association devises a method for "
"marking CDs, it would propose that to the Copyright Office. The Copyright "
"Office would hold a hearing, at which other proposals could be made. The "
"Copyright Office would then select the proposal that it judged preferable, "
-"and it would base that choice solely upon the consideration of which method "
-"could best be integrated into the registration and renewal system. We would "
-"not count on the government to innovate; but we would count on the "
-"government to keep the product of innovation in line with its other "
-"important functions."
+"and it would base that choice <emphasis>solely</emphasis> upon the "
+"consideration of which method could best be integrated into the registration "
+"and renewal system. We would not count on the government to innovate; but we "
+"would count on the government to keep the product of innovation in line with "
+"its other important functions."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13541
+#: freeculture.xml:13516
msgid ""
"Finally, marking content clearly would simplify registration requirements. "
"If photographs were marked by author and year, there would be little reason "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13549
+#: freeculture.xml:13524
msgid ""
"The objective of formalities is to make things clear. The existing system "
"does nothing to make things clear. Indeed, it seems designed to make things "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><sect3><para>
-#: freeculture.xml:13554
+#: freeculture.xml:13529
msgid ""
"If formalities such as registration were reinstated, one of the most "
"difficult aspects of relying upon the public domain would be removed. It "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:13566
+#: freeculture.xml:13541
msgid "2. Shorter Terms"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13568
+#: freeculture.xml:13543
msgid ""
"The term of copyright has gone from fourteen years to ninety-five years for "
"corporate authors, and life of the author plus seventy years for natural "
#. f3.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:13580
+#: freeculture.xml:13556
msgid ""
-"\"A Radical Rethink,\" Economist, 366:8308 (25 January 2003): 15, available "
-"at <ulink url=\"http://free-culture.cc/notes/\">link #74</ulink>."
+"\"A Radical Rethink,\" <citetitle>Economist</citetitle>, 366:8308 (25 "
+"January 2003): 15, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #74</ulink>."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13573
+#: freeculture.xml:13548
msgid ""
-"In The Future of Ideas, I proposed a seventy-five-year term, granted in "
-"five-year increments with a requirement of renewal every five years. That "
-"seemed radical enough at the time. But after we lost Eldred v. Ashcroft, "
-"the proposals became even more radical. The Economist endorsed a proposal "
-"for a fourteen-year copyright term.<placeholder type=\"footnote\" id=\"0\"/> "
+"In <citetitle>The Future of Ideas</citetitle>, I proposed a "
+"seventy-five-year term, granted in five-year increments with a requirement "
+"of renewal every five years. That seemed radical enough at the time. But "
+"after we lost <citetitle>Eldred</citetitle> "
+"v. <citetitle>Ashcroft</citetitle>, the proposals became even more "
+"radical. <citetitle>The Economist</citetitle> endorsed a proposal for a "
+"fourteen-year copyright term.<placeholder type=\"footnote\" id=\"0\"/> "
"Others have proposed tying the term to the term for patents."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13587
+#: freeculture.xml:13563
msgid ""
"I agree with those who believe that we need a radical change in copyright's "
"term. But whether fourteen years or seventy-five, there are four principles "
#. (1)
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:13595
+#: freeculture.xml:13571
msgid ""
-"Keep it short: The term should be as long as necessary to give incentives to "
-"create, but no longer. If it were tied to very strong protections for "
-"authors (so authors were able to reclaim rights from publishers), rights to "
-"the same work (not derivative works) might be extended further. The key is "
-"not to tie the work up with legal regulations when it no longer benefits an "
-"author."
+"<emphasis>Keep it short:</emphasis> The term should be as long as necessary "
+"to give incentives to create, but no longer. If it were tied to very strong "
+"protections for authors (so authors were able to reclaim rights from "
+"publishers), rights to the same work (not derivative works) might be "
+"extended further. The key is not to tie the work up with legal regulations "
+"when it no longer benefits an author."
msgstr ""
#. (2)
#. PAGE BREAK 298
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:13603
+#: freeculture.xml:13580
msgid ""
-"Keep it simple: The line between the public domain and protected content "
-"must be kept clear. Lawyers like the fuzziness of \"fair use,\" and the "
-"distinction between \"ideas\" and \"expression.\" That kind of law gives "
-"them lots of work. But our framers had a simpler idea in mind: protected "
-"versus unprotected. The value of short terms is that there is little need "
-"to build exceptions into copyright when the term itself is kept short. A "
-"clear and active \"lawyer-free zone\" makes the complexities of \"fair use\" "
-"and \"idea/expression\" less necessary to navigate."
+"<emphasis>Keep it simple:</emphasis> The line between the public domain and "
+"protected content must be kept clear. Lawyers like the fuzziness of \"fair "
+"use,\" and the distinction between \"ideas\" and \"expression.\" That kind "
+"of law gives them lots of work. But our framers had a simpler idea in mind: "
+"protected versus unprotected. The value of short terms is that there is "
+"little need to build exceptions into copyright when the term itself is kept "
+"short. A clear and active \"lawyer-free zone\" makes the complexities of "
+"\"fair use\" and \"idea/expression\" less necessary to navigate."
msgstr ""
#. f4.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para><footnote><para>
-#: freeculture.xml:13623
+#: freeculture.xml:13601
msgid ""
"Department of Veterans Affairs, Veteran's Application for Compensation "
"and/or Pension, VA Form 21-526 (OMB Approved No. 2900-0001), available at "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para><indexterm><primary>
-#: freeculture.xml:13631
+#: freeculture.xml:13609
msgid "veterans' pensions"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:13616
-msgid ""
-"Keep it alive: Copyright should have to be renewed. Especially if the "
-"maximum term is long, the copyright owner should be required to signal "
-"periodically that he wants the protection continued. This need not be an "
-"onerous burden, but there is no reason this monopoly protection has to be "
-"granted for free. On average, it takes ninety minutes for a veteran to apply "
-"for a pension.<placeholder type=\"footnote\" id=\"0\"/> 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. <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+#: freeculture.xml:13593
+msgid ""
+"<emphasis>Keep it alive:</emphasis> Copyright should have to be renewed. "
+"Especially if the maximum term is long, the copyright owner should be "
+"required to signal periodically that he wants the protection continued. This "
+"need not be an onerous burden, but there is no reason this monopoly "
+"protection has to be granted for free. On average, it takes ninety minutes "
+"for a veteran to apply for a pension.<placeholder type=\"footnote\" "
+"id=\"0\"/> 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. <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. (4)
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:13635
+#: freeculture.xml:13613
msgid ""
-"Keep it prospective: Whatever the term of copyright should be, the clearest "
-"lesson that economists teach is that a term once given should not be "
-"extended. It might have been a mistake in 1923 for the law to offer authors "
-"only a fifty-six-year term. I don't think so, but it's possible. If it was a "
-"mistake, then the consequence was that we got fewer authors to create in "
-"1923 than we otherwise would have. But we can't correct that mistake today "
-"by increasing the term. No matter what we do today, we will not increase the "
-"number of authors who wrote in 1923. Of course, we can increase the reward "
-"that those who write now get (or alternatively, increase the copyright "
-"burden that smothers many works that are today invisible). But increasing "
-"their reward will not increase their creativity in 1923. What's not done is "
-"not done, and there's nothing we can do about that now."
+"<emphasis>Keep it prospective:</emphasis> Whatever the term of copyright "
+"should be, the clearest lesson that economists teach is that a term once "
+"given should not be extended. It might have been a mistake in 1923 for the "
+"law to offer authors only a fifty-six-year term. I don't think so, but it's "
+"possible. If it was a mistake, then the consequence was that we got fewer "
+"authors to create in 1923 than we otherwise would have. But we can't correct "
+"that mistake today by increasing the term. No matter what we do today, we "
+"will not increase the number of authors who wrote in 1923. Of course, we can "
+"increase the reward that those who write now get (or alternatively, increase "
+"the copyright burden that smothers many works that are today invisible). But "
+"increasing their reward will not increase their creativity in 1923. What's "
+"not done is not done, and there's nothing we can do about that now."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13650
+#: freeculture.xml:13629
msgid ""
-"These changes together should produce an average copyright term that is much "
-"shorter than the current term. Until 1976, the average term was just 32.2 "
-"years. We should be aiming for the same."
+"These changes together should produce an <emphasis>average</emphasis> "
+"copyright term that is much shorter than the current term. Until 1976, the "
+"average term was just 32.2 years. We should be aiming for the same."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13655
+#: freeculture.xml:13635
msgid ""
"No doubt the extremists will call these ideas \"radical.\" (After all, I "
"call them \"extremists.\") But again, the term I recommended was longer than "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:13665
+#: freeculture.xml:13645
msgid "3. Free Use Vs. Fair Use"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13667
+#: freeculture.xml:13647
msgid ""
"As I observed at the beginning of this book, property law originally granted "
"property owners the right to control their property from the ground to the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13675
+#: freeculture.xml:13655
msgid ""
"Our Constitution gives Congress the power to give authors \"exclusive "
"right\" to \"their writings.\" Congress has given authors an exclusive right "
#. f5.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:13688
+#: freeculture.xml:13668
msgid ""
-"Benjamin Kaplan, An Unhurried View of Copyright (New York: Columbia "
-"University Press, 1967), 32."
+"Benjamin Kaplan, <citetitle>An Unhurried View of Copyright</citetitle> (New "
+"York: Columbia University Press, 1967), 32."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13684
+#: freeculture.xml:13664
msgid ""
"Congress granted the beginnings of this right in 1870, when it expanded the "
"exclusive right of copyright to include a right to control translations and "
#. f6.
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para>
-#: freeculture.xml:13701
+#: freeculture.xml:13681
msgid "Ibid., 56."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><blockquote><para>
-#: freeculture.xml:13697
+#: freeculture.xml:13677
msgid ""
"So inured have we become to the extension of the monopoly to a large range "
"of so-called derivative works, that we no longer sense the oddity of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13706
+#: freeculture.xml:13686
msgid ""
"I think it's time to recognize that there are airplanes in this field and "
"the expansiveness of these rights of derivative use no longer make "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13713
+#: freeculture.xml:13693
msgid ""
-"Term: If Congress wants to grant a derivative right, then that right should "
-"be for a much shorter term. It makes sense to protect John Grisham's right "
-"to sell the movie rights to his latest novel (or at least I'm willing to "
-"assume it does); but it does not make sense for that right to run for the "
-"same term as the underlying copyright. The derivative right could be "
-"important in inducing creativity; it is not important long after the "
-"creative work is done. <placeholder type=\"indexterm\" id=\"0\"/>"
+"<emphasis>Term:</emphasis> If Congress wants to grant a derivative right, "
+"then that right should be for a much shorter term. It makes sense to protect "
+"John Grisham's right to sell the movie rights to his latest novel (or at "
+"least I'm willing to assume it does); but it does not make sense for that "
+"right to run for the same term as the underlying copyright. The derivative "
+"right could be important in inducing creativity; it is not important long "
+"
after the creative work is done. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13725
+#: freeculture.xml:13706
msgid ""
-"Scope: Likewise should the scope of derivative rights be narrowed. Again, "
-"there are some cases in which derivative rights are important. Those should "
-"be specified. But the law should draw clear lines around regulated and "
-"unregulated uses of copyrighted material. When all \"reuse\" of creative "
-"material was within the control of businesses, perhaps it made sense to "
-"require lawyers to negotiate the lines. It no longer makes sense for lawyers "
-"to negotiate the lines. Think about all the creative possibilities that "
-"digital technologies enable; now imagine pouring molasses into the "
-"machines. That's what this general requirement of permission does to the "
-"creative process. Smothers it."
+"<emphasis>Scope:</emphasis> Likewise should the scope of derivative rights "
+"be narrowed. Again, there are some cases in which derivative rights are "
+"important. Those should be specified. But the law should draw clear lines "
+"around regulated and unregulated uses of copyrighted material. When all "
+"\"reuse\" of creative material was within the control of businesses, perhaps "
+"it made sense to require lawyers to negotiate the lines. It no longer makes "
+"sense for lawyers to negotiate the lines. Think about all the creative "
+"possibilities that digital technologies enable; now imagine pouring molasses "
+"into the machines. That's what this general requirement of permission does "
+"to the creative process. Smothers it."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13737
+#: freeculture.xml:13719
msgid ""
"This was the point that Alben made when describing the making of the Clint "
"Eastwood CD. While it makes sense to require negotiation for foreseeable "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:13753
+#: freeculture.xml:13735
msgid "Goldstein, Paul"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:13751
+#: freeculture.xml:13733
msgid ""
-"Paul Goldstein, Copyright's Highway: From Gutenberg to the Celestial Jukebox "
-"(Stanford: Stanford University Press, 2003), 187–216. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"Paul Goldstein, <citetitle>Copyright's Highway: From Gutenberg to the "
+"Celestial Jukebox</citetitle> (Stanford: Stanford University Press, 2003), "
+"187–216. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13745
+#: freeculture.xml:13727
msgid ""
"In each of these cases, the law should mark the uses that are protected, and "
"the presumption should be that other uses are not protected. This is the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13759
+#: freeculture.xml:13741
msgid ""
"Goldstein's analysis would make perfect sense if the cost of the legal "
"system were small. But as we are currently seeing in the context of the "
#. PAGE BREAK 301
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13766
+#: freeculture.xml:13748
msgid ""
"The law could remedy this problem either by removing protection beyond the "
"part explicitly drawn or by granting reuse rights upon certain statutory "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:13776
+#: freeculture.xml:13758
msgid "4. Liberate the Music—Again"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13778
+#: freeculture.xml:13760
msgid ""
"The battle that got this whole war going was about music, so it wouldn't be "
"fair to end this book without addressing the issue that is, to most people, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13785
+#: freeculture.xml:13767
msgid ""
"The appeal of file-sharing music was the crack cocaine of the Internet's "
"growth. It drove demand for access to the Internet more powerfully than any "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13794
+#: freeculture.xml:13776
msgid ""
"The aim of copyright, with respect to content in general and music in "
"particular, is to create the incentives for music to be composed, performed, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13801
+#: freeculture.xml:13783
msgid ""
"File-sharing networks complicate this model by enabling the spread of "
"content for which the performer has not been paid. But of course, that's not "
#. A.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:13809
+#: freeculture.xml:13791
msgid ""
"There are some who are using sharing networks as substitutes for purchasing "
"CDs."
#. B.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:13814
+#: freeculture.xml:13796
msgid ""
"There are also some who are using sharing networks to sample, on the way to "
"purchasing CDs."
#. PAGE BREAK 302
#. C.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:13820
+#: freeculture.xml:13802
msgid ""
"There are many who are using file-sharing networks to get access to content "
"that is no longer sold but is still under copyright or that would have been "
#. D.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:13826
+#: freeculture.xml:13808
msgid ""
"There are many who are using file-sharing networks to get access to content "
"that is not copyrighted or to get access that the copyright owner plainly "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13832
+#: freeculture.xml:13814
msgid ""
"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 eagerness "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13840
+#: freeculture.xml:13822
msgid ""
"As I said in chapter 5, the actual harm caused by sharing is controversial. "
"For the purposes of this chapter, however, I assume the harm is real. I "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13847
+#: freeculture.xml:13829
msgid ""
"Nonetheless, there is a crucial fact about the current technological context "
"that we must keep in mind if we are to understand how the law should "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13852
+#: freeculture.xml:13834
msgid ""
"Today, file sharing is addictive. In ten years, it won't be. It is addictive "
"today because it is the easiest way to gain access to a broad range of "
#. PAGE BREAK 303
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13864
+#: freeculture.xml:13846
msgid ""
"But it will become a reality, and that means the way we get access to the "
"Internet today is a technology in transition. Policy makers should not make "
#. f8.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:13896
+#: freeculture.xml:13879
msgid ""
"See, for example, \"Music Media Watch,\" The J@pan Inc. Newsletter, 3 April "
"2002, available at <ulink url=\"http://free-culture.cc/notes/\">link "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13879
+#: freeculture.xml:13861
msgid ""
"In that world, it will be extremely easy to connect to services that give "
"you access to content on the fly—such as Internet radio, content that "
"is streamed to the user when the user demands. Here, then, is the critical "
-"point: When it is extremely easy to connect to services that give access to "
-"content, it will be easier to connect to services that give you access to "
-"content than it will be to download and store content on the many devices "
-"you will have for playing content. It will be easier, in other words, to "
-"subscribe than it will be to be a database manager, as everyone in the "
+"point: When it is <emphasis>extremely</emphasis> easy to connect to services "
+"that give access to content, it will be <emphasis>easier</emphasis> to "
+"connect to services that give you access to content than it will be to "
+"download and store content <emphasis>on the many devices you will have for "
+"playing content</emphasis>. It will be easier, in other words, to subscribe "
+"than it will be to be a database manager, as everyone in the "
"download-sharing world of Napster-like technologies essentially is. Content "
"services will compete with content sharing, even if the services charge "
"money for the content they give access to. Already cell-phone services in "
#. PAGE BREAK 304
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13903
+#: freeculture.xml:13886
msgid ""
"This point about the future is meant to suggest a perspective on the "
"present: It is emphatically temporary. The \"problem\" with file "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13919
+#: freeculture.xml:13902
msgid ""
"The answer begins with recognizing that there are different \"problems\" "
"here to solve. Let's start with type D content—uncopyrighted content "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13930
+#: freeculture.xml:13913
msgid ""
"Type C content raises a different \"problem.\" This is content that was, at "
"one time, published and is no longer available. It may be unavailable "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13939
+#: freeculture.xml:13922
msgid ""
"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 stores. But libraries "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13949
+#: freeculture.xml:13932
msgid ""
"The model of used book stores suggests that the law could simply deem "
"out-of-print music fair game. If the publisher does not make copies of the "
#. PAGE BREAK 305
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13960
+#: freeculture.xml:13943
msgid ""
"Alternatively, the law could create a statutory license that would ensure "
"that artists get something from the trade of their work. For example, if the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13970
+#: freeculture.xml:13953
msgid ""
"This system would also create an incentive for publishers to keep works "
"available commercially. Works that are available commercially would not be "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13980
+#: freeculture.xml:13963
msgid ""
"The hard case is content of types A and B, and again, this case is hard only "
"because the extent of the problem will change over time, as the technologies "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13988
+#: freeculture.xml:13971
msgid ""
"So here's a solution that will at first seem very strange to both sides in "
"this war, but which upon reflection, I suggest, should make some sense."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:13992
+#: freeculture.xml:13975
msgid ""
"Stripped of the rhetoric about the sanctity of property, the basic claim of "
"the content industry is this: A new technology (the Internet) has harmed a "
#. PAGE BREAK 306
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14003
+#: freeculture.xml:13986
msgid ""
"I love the Internet, and so I don't like likening it to tobacco or "
"asbestos. But the analogy is a fair one from the perspective of the law. "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary>
-#: freeculture.xml:14047
+#: freeculture.xml:14032
msgid "Fisher, William"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:14014
-msgid ""
-"William Fisher, Digital Music: Problems and Possibilities (last revised: 10 "
-"October 2000), available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #77</ulink>; William Fisher, "
-"Promises to Keep: Technology, Law, and the Future of Entertainment "
-"(forthcoming) (Stanford: Stanford University Press, 2004), ch. 6, available "
-"at <ulink url=\"http://free-culture.cc/notes/\">link #78</ulink>. Professor "
-"Netanel has proposed a related idea that would exempt noncommercial sharing "
-"from the reach of copyright and would establish compensation to artists to "
-"balance any loss. See Neil Weinstock Netanel, \"Impose a Noncommercial Use "
-"Levy to Allow Free P2P File Sharing,\" available at <ulink "
+#: freeculture.xml:13998
+msgid ""
+"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 "
+"Fisher, <citetitle>Promises to Keep: Technology, Law, and the Future of "
+"Entertainment</citetitle> (forthcoming) (Stanford: Stanford University "
+"Press, 2004), ch. 6, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #78</ulink>. Professor Netanel "
+"has proposed a related idea that would exempt noncommercial sharing from the "
+"reach of copyright and would establish compensation to artists to balance "
+"any loss. See Neil Weinstock Netanel, \"Impose a Noncommercial Use Levy to "
+"Allow Free P2P File Sharing,\" available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #79</ulink>. For other proposals, "
-"see Lawrence Lessig, \"Who's Holding Back Broadband?\" Washington Post, 8 "
-"January 2002, A17; Philip S. Corwin on behalf of Sharman Networks, A Letter "
-"to Senator Joseph R. Biden, Jr., Chairman of the Senate Foreign Relations "
-"Committee, 26 February 2002, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #80</ulink>; Serguei Osokine, A "
-"Quick Case for Intellectual Property Use Fee (IPUF), 3 March 2002, available "
-"at <ulink url=\"http://free-culture.cc/notes/\">link #81</ulink>; Jefferson "
-"Graham, \"Kazaa, Verizon Propose to Pay Artists Directly,\" USA Today, 13 "
-"May 2002, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#82</ulink>; Steven M. Cherry, \"Getting Copyright Right,\" IEEE Spectrum "
-"Online, 1 July 2002, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #83</ulink>; Declan McCullagh, "
-"\"Verizon's Copyright Campaign,\" CNET News.com, 27 August 2002, available "
-"at <ulink url=\"http://free-culture.cc/notes/\">link #84</ulink>. Fisher's "
-"proposal is very similar to Richard Stallman's proposal for DAT. Unlike "
-"Fisher's, Stallman's proposal would not pay artists directly proportionally, "
-"though more popular artists would get more than the less popular. As is "
-"typical with Stallman, his proposal predates the current debate by about a "
-"decade. See <ulink url=\"http://free-culture.cc/notes/\">link #85</ulink>. "
-"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
-"id=\"1\"/>"
+"see Lawrence Lessig, \"Who's Holding Back Broadband?\" <citetitle>Washington "
+"Post</citetitle>, 8 January 2002, A17; Philip S. Corwin on behalf of Sharman "
+"Networks, A Letter to Senator Joseph R. Biden, Jr., Chairman of the Senate "
+"Foreign Relations Committee, 26 February 2002, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #80</ulink>; Serguei Osokine, "
+"<citetitle>A Quick Case for Intellectual Property Use Fee "
+"(IPUF)</citetitle>, 3 March 2002, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #81</ulink>; Jefferson Graham, "
+"\"Kazaa, Verizon Propose to Pay Artists Directly,\" <citetitle>USA "
+"Today</citetitle>, 13 May 2002, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #82</ulink>; Steven M. Cherry, "
+"\"Getting Copyright Right,\" IEEE Spectrum Online, 1 July 2002, available at "
+"<ulink url=\"http://free-culture.cc/notes/\">link #83</ulink>; Declan "
+"McCullagh, \"Verizon's Copyright Campaign,\" CNET News.com, 27 August 2002, "
+"available at <ulink url=\"http://free-culture.cc/notes/\">link #84</ulink>. "
+"Fisher's proposal is very similar to Richard Stallman's proposal for "
+"DAT. Unlike Fisher's, Stallman's proposal would not pay artists directly "
+"proportionally, though more popular artists would get more than the less "
+"popular. As is typical with Stallman, his proposal predates the current "
+"debate by about a decade. See <ulink "
+"url=\"http://free-culture.cc/notes/\">link #85</ulink>. <placeholder "
+"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14011
+#: freeculture.xml:13994
msgid ""
"The idea would be a modification of a proposal that has been floated by "
"Harvard law professor William Fisher.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14060
+#: freeculture.xml:14045
msgid ""
"Fisher's proposal is careful and comprehensive. It raises a million "
-"questions, most of which he answers well in his upcoming book, Promises to "
-"Keep. The modification that I would make is relatively simple: Fisher "
-"imagines his proposal replacing the existing copyright system. I imagine it "
-"complementing the existing system. The aim of the proposal would be to "
-"facilitate compensation to the extent that harm could be shown. This "
-"compensation would be temporary, aimed at facilitating a transition between "
-"regimes. And it would require renewal after a period of years. If it "
-"continues to make sense to 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."
+"questions, most of which he answers well in his upcoming book, "
+"<citetitle>Promises to Keep</citetitle>. The modification that I would make "
+"is relatively simple: Fisher imagines his proposal replacing the existing "
+"copyright system. I imagine it complementing the existing system. The aim "
+"of the proposal would be to facilitate compensation to the extent that harm "
+"could be shown. This compensation would be temporary, aimed at facilitating "
+"a transition between regimes. And it would require renewal after a period of "
+"years. If it continues to make sense to 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."
msgstr ""
#. PAGE BREAK 307
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14075
+#: freeculture.xml:14060
msgid ""
"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 the system "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14088
+#: freeculture.xml:14073
msgid ""
"No doubt it would be difficult to calculate the proper measure of \"harm\" "
"to an industry. But the difficulty of making that calculation would be "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14103
+#: freeculture.xml:14088
msgid ""
"This competition has already occurred against the background of \"free\" "
"music from p2p systems. As the sellers of cable television have known for "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14115
+#: freeculture.xml:14100
msgid ""
"This regime of competition, with a backstop to assure that artists don't "
"lose, would facilitate a great deal of innovation in the delivery of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14124
+#: freeculture.xml:14109
msgid "In summary, then, my proposal is this:"
msgstr ""
#. PAGE BREAK 308
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14129
+#: freeculture.xml:14114
msgid ""
"The Internet is in transition. We should not be regulating a technology in "
"transition. We should instead be regulating to minimize the harm to "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14136
+#: freeculture.xml:14121
msgid "We can minimize that harm while maximizing the benefit to innovation by"
msgstr ""
#. 1.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:14142
+#: freeculture.xml:14127
msgid "guaranteeing the right to engage in type D sharing;"
msgstr ""
#. 2.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:14146
+#: freeculture.xml:14131
msgid ""
"permitting noncommercial type C sharing without liability, and commercial "
"type C sharing at a low and fixed rate set by statute;"
#. 3.
#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para>
-#: freeculture.xml:14152
+#: freeculture.xml:14137
msgid ""
"while in this transition, taxing and compensating for type A sharing, to the "
"extent actual harm is demonstrated."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14157
+#: freeculture.xml:14142
msgid ""
"But what if \"piracy\" doesn't disappear? What if there is a competitive "
"market providing content at a low cost, but a significant number of "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14163
+#: freeculture.xml:14148
msgid ""
"Yes, it should. But, again, what it should do depends upon how the facts "
"develop. These changes may not eliminate type A sharing. But the real issue "
"is not whether it eliminates sharing in the abstract. The real issue is its "
"effect on the market. Is it better (a) to have a technology that is 95 "
-"percent secure and produces a market of size x, or (b) to have a technology "
-"that is 50 percent secure but produces a market of five times x? Less secure "
-"might produce more unauthorized sharing, but it is likely to also produce a "
-"much bigger market in authorized sharing. The most important thing is to "
-"assure artists' compensation without breaking the Internet. Once that's "
-"assured, then it may well be appropriate to find ways to track down the "
-"petty pirates."
+"percent secure and produces a market of size <citetitle>x</citetitle>, or "
+"(b) to have a technology that is 50 percent secure but produces a market of "
+"five times <citetitle>x</citetitle>? Less secure might produce more "
+"unauthorized sharing, but it is likely to also produce a much bigger market "
+"in authorized sharing. The most important thing is to assure artists' "
+"compensation without breaking the Internet. Once that's assured, then it may "
+"well be appropriate to find ways to track down the petty pirates."
msgstr ""
#. PAGE BREAK 309
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14177
+#: freeculture.xml:14162
msgid ""
"But we're a long way away from whittling the problem down to this subset of "
"type A sharers. And our focus until we're there should not be on finding "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><title>
-#: freeculture.xml:14188
+#: freeculture.xml:14173
msgid "5. Fire Lots of Lawyers"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14190
+#: freeculture.xml:14175
msgid ""
"I'm a lawyer. I make lawyers for a living. I believe in the law. I believe "
"in the law of copyright. Indeed, I have devoted my life to working in law, "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14196
+#: freeculture.xml:14181
msgid ""
"Yet much of this book has been a criticism of lawyers, or the role lawyers "
"have played in this debate. The law speaks to ideals, but it is my view that "
#. f10.
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:14213
+#: freeculture.xml:14198
msgid ""
"Lawrence Lessig, \"Copyright's First Amendment\" (Melville B. Nimmer "
-"Memorial Lecture), UCLA Law Review 48 (2001): 1057, 1069–70."
+"Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 (2001): 1057, "
+"1069–70."
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14204
+#: freeculture.xml:14189
msgid ""
"The evidence of this bending is compelling. I'm attacked as a \"radical\" by "
"many within the profession, yet the positions that I am advocating are "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14219
+#: freeculture.xml:14204
msgid ""
"However, my criticism of the role that lawyers have played in this debate is "
"not just about a professional bias. It is more importantly about our failure "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para>
-#: freeculture.xml:14229
+#: freeculture.xml:14214
msgid ""
"A good example is the work of Professor Stan Liebowitz. Liebowitz is to be "
"commended for his careful review of data about infringement, leading him to "
"question his own publicly stated position—twice. He initially "
"predicted that downloading would substantially harm the industry. He then "
"revised his view in light of the data, and he has since revised his view "
-"again. Compare Stan J. Liebowitz, Rethinking the Network Economy: The True "
-"Forces That Drive the Digital Marketplace (New York: Amacom, 2002), "
-"(reviewing his original view but expressing skepticism) with Stan J. "
-"Liebowitz, \"Will MP3s Annihilate the Record Industry?\" working paper, June "
-"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#86</ulink>. Liebowitz's careful analysis is extremely valuable in "
-"estimating the effect of file-sharing technology. In my view, however, he "
-"underestimates the costs of the legal system. See, for example, Rethinking, "
-"174–76. <placeholder type=\"indexterm\" id=\"0\"/>"
+"again. Compare Stan J. Liebowitz, <citetitle>Rethinking the Network "
+"Economy: The True Forces That Drive the Digital Marketplace</citetitle> (New "
+"York: Amacom, 2002), (reviewing his original view but expressing skepticism) "
+"with Stan J. Liebowitz, \"Will MP3s Annihilate the Record Industry?\" "
+"working paper, June 2003, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #86</ulink>. Liebowitz's careful "
+"analysis is extremely valuable in estimating the effect of file-sharing "
+"technology. In my view, however, he underestimates the costs of the legal "
+"system. See, for example, <citetitle>Rethinking</citetitle>, 174–76. "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14224
+#: freeculture.xml:14209
msgid ""
"Economists are supposed to be good at reckoning costs and benefits. But "
"more often than not, economists, with no clue about how the legal system "
#. PAGE BREAK 310
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14253
+#: freeculture.xml:14238
msgid ""
"But the legal system doesn't work. Or more accurately, it doesn't work for "
"anyone except those with the most resources. Not because the system is "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14261
+#: freeculture.xml:14246
msgid ""
"These costs distort free culture in many ways. A lawyer's time is billed at "
"the largest firms at more than $400 per hour. How much time should such a "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14271
+#: freeculture.xml:14256
msgid ""
"The costliness and clumsiness and randomness of this system mock our "
"tradition. And lawyers, as well as academics, should consider it their duty "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14279
+#: freeculture.xml:14264
msgid ""
"But until that reform is complete, we as a society should keep the law away "
"from areas that we know it will only harm. And that is precisely what the "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14285
+#: freeculture.xml:14270
msgid ""
"Think about the amazing things your kid could do or make with digital "
"technology—the film, the music, the Web page, the blog. Or think about "
#. PAGE BREAK 311
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14294
+#: freeculture.xml:14279
msgid ""
"The law should regulate in certain areas of culture—but it should "
"regulate culture only where that regulation does good. Yet lawyers rarely "
msgstr ""
#. type: Content of: <book><chapter><sect1><sect2><para>
-#: freeculture.xml:14303
+#: freeculture.xml:14288
msgid ""
"We should ask, \"Why?\" Show me why your regulation of culture is "
"needed. Show me how it does good. And until you can show me both, keep your "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:14312
+#: freeculture.xml:14297
msgid "NOTES"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14314
+#: freeculture.xml:14299
msgid ""
"Throughout this text, there are references to links on the World Wide "
"Web. As anyone who has tried to use the Web knows, these links can be highly "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:14329
+#: freeculture.xml:14314
msgid "ACKNOWLEDGMENTS"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14331
+#: freeculture.xml:14316
msgid ""
"This book is the product of a long and as yet unsuccessful struggle that "
"began when I read of Eric Eldred's war to keep books free. Eldred's work "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14337
+#: freeculture.xml:14322
msgid ""
"I received guidance in various places from friends and academics, including "
"Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner, Mark Rose, and "
#. PAGE BREAK 337
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14350
+#: freeculture.xml:14335
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14361
+#: freeculture.xml:14346
msgid ""
"These are the traditional sorts of help that academics regularly draw "
"upon. But in addition to them, the Internet has made it possible to receive "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14381
+#: freeculture.xml:14366
msgid ""
"Richard Stallman and Michael Carroll each read the whole book in draft, and "
"each provided extremely helpful correction and advice. Michael helped me to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14390
+#: freeculture.xml:14375
msgid ""
"Finally, and forever, I am thankful to Bettina, who has always insisted that "
"there would be unending happiness away from these battles, and who has "
projects / text-free-culture-lessig.git / blobdiff