Update with new indexterm.

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

diff --git a/freeculture.xml b/freeculture.xml
index 14748f7f5653b1dfd29270feb0249ee6c7a73a4e..bcde3d9d7f9ae9164692d1ad015997b977a81ece 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -2222,8 +2222,8 @@ close to the lives of these students. The project <quote>gave them a tool
 and empowered them to be able to both understand it and talk about
 it,</quote> Barish explained. That tool succeeded in creating
 expression&mdash;far more successfully and powerfully than could have
 and empowered them to be able to both understand it and talk about
 it,</quote> Barish explained. That tool succeeded in creating
 expression&mdash;far more successfully and powerfully than could have

-been created using only text. <quote>If you had said to these students, `you
-have to do it in text,' they would've just thrown their hands up and
+been created using only text. <quote>If you had said to these students, <quote>you
+have to do it in text,</quote> they would've just thrown their hands up and

 gone and done something else,</quote> 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
 gone and done something else,</quote> 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


@@ -3089,11 +3089,12 @@ Working Paper No. 159.
 </para>
 </blockquote>
 <para>
 </para>
 </blockquote>
 <para>

-The Napsters of those days, the <quote>independents,</quote> were companies like
-Fox. And no less than today, these independents were vigorously
-resisted.  <quote>Shooting was disrupted by machinery stolen, and
-`accidents' resulting in loss of negatives, equipment, buildings and
-sometimes life and limb frequently occurred.</quote><footnote><para>
+The Napsters of those days, the <quote>independents,</quote> were
+companies like Fox. And no less than today, these independents were
+vigorously resisted.  <quote>Shooting was disrupted by machinery
+stolen, and <quote>accidents</quote> resulting in loss of negatives,
+equipment, buildings and sometimes life and limb frequently
+occurred.</quote><footnote><para>

 <!-- f3 -->
 Marc Wanamaker, <quote>The First Studios,</quote> <citetitle>The Silents Majority</citetitle>, archived at
 <ulink url="http://free-culture.cc/notes/">link #12</ulink>.
 <!-- f3 -->
 Marc Wanamaker, <quote>The First Studios,</quote> <citetitle>The Silents Majority</citetitle>, archived at
 <ulink url="http://free-culture.cc/notes/">link #12</ulink>.


@@ -3231,7 +3232,7 @@ Perforating Company of New York).
 </para></footnote> In any case, the innovators argued, the job of
 Congress was <quote>to consider first the interest of [the public], whom
 they represent, and whose servants they are.</quote> <quote>All talk about
 </para></footnote> In any case, the innovators argued, the job of
 Congress was <quote>to consider first the interest of [the public], whom
 they represent, and whose servants they are.</quote> <quote>All talk about

-`theft,'</quote> the general counsel of the American Graphophone Company
+<quote>theft,</quote></quote> the general counsel of the American Graphophone Company

 wrote, <quote>is the merest claptrap, for there exists no property in ideas
 musical, literary or artistic, except as defined by
 statute.</quote><footnote><para>
 wrote, <quote>is the merest claptrap, for there exists no property in ideas
 musical, literary or artistic, except as defined by
 statute.</quote><footnote><para>


@@ -4014,10 +4015,11 @@ regulating technology was the answer.
 </para>
 <indexterm><primary>MTV</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>MTV</primary></indexterm>
 <para>

-Yet soon thereafter, and before Congress was given an opportunity
-to enact regulation, MTV was launched, and the industry had a record
-turnaround. <quote>In the end,</quote> Cap Gemini concludes, <quote>the `crisis' &hellip; was
-not the fault of the tapers&mdash;who did not [stop after MTV came into
+Yet soon thereafter, and before Congress was given an opportunity to
+enact regulation, MTV was launched, and the industry had a record
+turnaround. <quote>In the end,</quote> Cap Gemini concludes,
+<quote>the <quote>crisis</quote> &hellip; was not the fault of the
+tapers&mdash;who did not [stop after MTV came into

 <!-- PAGE BREAK 83 -->
 being]&mdash;but had to a large extent resulted from stagnation in musical
 innovation at the major labels.</quote><footnote><para>
 <!-- PAGE BREAK 83 -->
 being]&mdash;but had to a large extent resulted from stagnation in musical
 innovation at the major labels.</quote><footnote><para>


@@ -4398,11 +4400,11 @@ for the architecture it chose.
 <indexterm id='idxvalentijackonvcrtechnology' class='startofrange'><primary>Valenti, Jack</primary><secondary>on VCR technology</secondary></indexterm>
 <para>
 MPAA president Jack Valenti became the studios' most vocal
 <indexterm id='idxvalentijackonvcrtechnology' class='startofrange'><primary>Valenti, Jack</primary><secondary>on VCR technology</secondary></indexterm>
 <para>
 MPAA president Jack Valenti became the studios' most vocal

-champion. Valenti called VCRs <quote>tapeworms.</quote> He warned, <quote>When there are
-20, 30, 40 million of these VCRs in the land, we will be invaded by
-millions of `tapeworms,' eating away at the very heart and essence of
-the most precious asset the copyright owner has, his
-copyright.</quote><footnote><para>
+champion. Valenti called VCRs <quote>tapeworms.</quote> He warned,
+<quote>When there are 20, 30, 40 million of these VCRs in the land, we
+will be invaded by millions of <quote>tapeworms,</quote> eating away
+at the very heart and essence of the most precious asset the copyright
+owner has, his copyright.</quote><footnote><para>

 <!-- f18 -->
 Copyright Infringements (Audio and Video Recorders): Hearing on
 S. 1758 Before the Senate Committee on the Judiciary, 97th Cong., 1st
 <!-- f18 -->
 Copyright Infringements (Audio and Video Recorders): Hearing on
 S. 1758 Before the Senate Committee on the Judiciary, 97th Cong., 1st


@@ -4629,10 +4631,11 @@ argument. <quote>All this hand waving about balance and
 incentives,</quote> they say, <quote>misses a fundamental point. Our
 content,</quote> the warriors insist, <quote>is our
 <emphasis>property</emphasis>. Why should we wait for Congress to
 incentives,</quote> they say, <quote>misses a fundamental point. Our
 content,</quote> the warriors insist, <quote>is our
 <emphasis>property</emphasis>. Why should we wait for Congress to

-`rebalance' our property rights? Do you have to wait before calling
-the police when your car has been stolen? And why should Congress
-deliberate at all about the merits of this theft? Do we ask whether
-the car thief had a good use for the car before we arrest him?</quote>
+<quote>rebalance</quote> our property rights? Do you have to wait
+before calling the police when your car has been stolen? And why
+should Congress deliberate at all about the merits of this theft? Do
+we ask whether the car thief had a good use for the car before we
+arrest him?</quote>

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


@@ -7136,12 +7139,13 @@ supplemented common law rights that already protected creative
 authorship.<footnote>
 <para>
 <!-- f8 -->
 authorship.<footnote>
 <para>
 <!-- f8 -->

-William W. Crosskey, <citetitle>Politics and the Constitution in the History of
-the United States</citetitle> (London: Cambridge University Press, 1953), vol. 1,
-485&ndash;86: <quote>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></quote>
-(emphasis added).
+William W. Crosskey, <citetitle>Politics and the Constitution in the
+History of the United States</citetitle> (London: Cambridge University
+Press, 1953), vol. 1, 485&ndash;86: <quote>extinguish[ing], by plain
+implication of <quote>the supreme Law of the Land,</quote>
+<emphasis>the perpetual rights which authors had, or were supposed by
+some to have, under the Common Law</emphasis></quote> (emphasis
+added).

 <indexterm><primary>Crosskey, William W.</primary></indexterm>
 </para></footnote>
 This meant that there was no guaranteed public domain in the United
 <indexterm><primary>Crosskey, William W.</primary></indexterm>
 </para></footnote>
 This meant that there was no guaranteed public domain in the United


@@ -8082,6 +8086,7 @@ times. But that obligation (and the limits for creating that
 obligation) would come from the contract, not from copyright law, and
 the obligations of contract would not necessarily pass to anyone who
 subsequently acquired the book.
 obligation) would come from the contract, not from copyright law, and
 the obligations of contract would not necessarily pass to anyone who
 subsequently acquired the book.

+<indexterm><primary>contracts</primary></indexterm>

 </para></footnote>
 When my e-book of <citetitle>Middlemarch</citetitle> says I have the
 permission to copy only ten text selections into the memory every ten
 </para></footnote>
 When my e-book of <citetitle>Middlemarch</citetitle> says I have the
 permission to copy only ten text selections into the memory every ten


@@ -9362,10 +9367,10 @@ sight to the villagers. They don't understand. He tells them they are
 <quote>blind.</quote> 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
 <quote>blind.</quote> 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. <quote>`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!'</quote>
+to control him. He, in turn, becomes increasingly frustrated. <quote><quote>You
+don't understand,</quote> he cried, in a voice that was meant to be great and
+resolute, and which broke. <quote>You are blind and I can see. Leave me
+alone!</quote></quote>

 </para>
 <para>
 <!-- PAGE BREAK 187 -->
 </para>
 <para>
 <!-- PAGE BREAK 187 -->


@@ -9736,7 +9741,7 @@ suffering.<footnote>
 <!-- f2. -->
 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
 <!-- f2. -->
 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 overview, see Tanya Albert, <quote>Measure Stalls in Senate: `We'll Be Back,'
+an overview, see Tanya Albert, <quote>Measure Stalls in Senate: <quote>We'll Be Back,</quote>

 Say Tort Reformers,</quote> amednews.com, 28 July 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #38</ulink>,
 and <quote>Senate Turns Back Malpractice Caps,</quote> CBSNews.com, 9 July 2003,
 Say Tort Reformers,</quote> amednews.com, 28 July 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #38</ulink>,
 and <quote>Senate Turns Back Malpractice Caps,</quote> CBSNews.com, 9 July 2003,


@@ -10933,7 +10938,7 @@ Jesse Jordan.<footnote><para>
 See Frank Ahrens, <quote>RIAA's Lawsuits Meet Surprised Targets; Single
 Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,</quote>
 <citetitle>Washington Post</citetitle>, 10 September 2003, E1; Chris Cobbs, <quote>Worried Parents
 See Frank Ahrens, <quote>RIAA's Lawsuits Meet Surprised Targets; Single
 Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,</quote>
 <citetitle>Washington Post</citetitle>, 10 September 2003, E1; Chris Cobbs, <quote>Worried Parents

-Pull Plug on File `Stealing'; With the Music Industry Cracking Down on
+Pull Plug on File <quote>Stealing</quote>; With the Music Industry Cracking Down on

 File Swapping, Parents are Yanking Software from Home PCs to Avoid
 Being Sued,</quote> <citetitle>Orlando Sentinel Tribune</citetitle>, 30 August 2003, C1; Jefferson
 Graham, <quote>Recording Industry Sues Parents,</quote> <citetitle>USA Today</citetitle>, 15 September
 File Swapping, Parents are Yanking Software from Home PCs to Avoid
 Being Sued,</quote> <citetitle>Orlando Sentinel Tribune</citetitle>, 30 August 2003, C1; Jefferson
 Graham, <quote>Recording Industry Sues Parents,</quote> <citetitle>USA Today</citetitle>, 15 September


@@ -10974,7 +10979,7 @@ See Jeff Adler, <quote>Cambridge: On Campus, Pirates Are Not Penitent,</quote>
 <citetitle>Boston Globe</citetitle>, 18 May 2003, City Weekly, 1; Frank Ahrens, <quote>Four
 Students Sued over Music Sites; Industry Group Targets File Sharing at
 Colleges,</quote> <citetitle>Washington Post</citetitle>, 4 April 2003, E1; Elizabeth Armstrong,
 <citetitle>Boston Globe</citetitle>, 18 May 2003, City Weekly, 1; Frank Ahrens, <quote>Four
 Students Sued over Music Sites; Industry Group Targets File Sharing at
 Colleges,</quote> <citetitle>Washington Post</citetitle>, 4 April 2003, E1; Elizabeth Armstrong,

-<quote>Students `Rip, Mix, Burn' at Their Own Risk,</quote> <citetitle>Christian Science
+<quote>Students <quote>Rip, Mix, Burn</quote> at Their Own Risk,</quote> <citetitle>Christian Science

 Monitor</citetitle>, 2 September 2003, 20; Robert Becker and Angela Rozas, <quote>Music
 Pirate Hunt Turns to Loyola; Two Students Names Are Handed Over;
 Lawsuit Possible,</quote> <citetitle>Chicago Tribune</citetitle>, 16 July 2003, 1C; Beth Cox, <quote>RIAA
 Monitor</citetitle>, 2 September 2003, 20; Robert Becker and Angela Rozas, <quote>Music
 Pirate Hunt Turns to Loyola; Two Students Names Are Handed Over;
 Lawsuit Possible,</quote> <citetitle>Chicago Tribune</citetitle>, 16 July 2003, 1C; Beth Cox, <quote>RIAA


@@ -11358,7 +11363,7 @@ much is it worth?</quote>
 <para>
 <quote>Well,</quote> the adviser says, <quote>if you're confident that you will continue
 to get at least $100,000 a year from these copyrights, and you use the
 <para>
 <quote>Well,</quote> the adviser says, <quote>if you're confident that you will continue
 to get at least $100,000 a year from these copyrights, and you use the

-`discount rate' that we use to evaluate estate investments (6 percent),
+<quote>discount rate</quote> that we use to evaluate estate investments (6 percent),

 then this law would be worth $1,146,000 to the estate.</quote>
 </para>
 <para>
 then this law would be worth $1,146,000 to the estate.</quote>
 </para>
 <para>


@@ -11374,7 +11379,7 @@ would assure that the bill was passed?</quote>
 <para>
 <quote>Absolutely,</quote> the adviser responds. <quote>It is worth it to you to 
                contribute
 <para>
 <quote>Absolutely,</quote> the adviser responds. <quote>It is worth it to you to 
                contribute

-up to the `present value' of the income you expect from these
+up to the <quote>present value</quote> of the income you expect from these

 copyrights. Which for us means over $1,000,000.</quote>
 </para>
 <para>
 copyrights. Which for us means over $1,000,000.</quote>
 </para>
 <para>


@@ -11948,8 +11953,8 @@ culture, 94 percent of the films, books, and music produced between
 commercial market, if access is a value, then 6 percent is a failure
 to provide that value.<footnote><para>
 <!-- f13. -->
 commercial market, if access is a value, then 6 percent is a failure
 to provide that value.<footnote><para>
 <!-- f13. -->

-Jason Schultz, <quote>The Myth of the 1976 Copyright `Chaos' Theory,</quote> 20
-December 2002, available at
+Jason Schultz, <quote>The Myth of the 1976 Copyright
+<quote>Chaos</quote> Theory,</quote> 20 December 2002, available at

 <ulink url="http://free-culture.cc/notes/">link #54</ulink>.
 </para></footnote>
 
 <ulink url="http://free-culture.cc/notes/">link #54</ulink>.
 </para></footnote>
 


@@ -13592,10 +13597,10 @@ Property Organization to cancel a meeting.<footnote><para>
 <!-- f6. --> Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> <citetitle>Washington Post</citetitle>,
 August 2003, E1, available at 
 <ulink url="http://free-culture.cc/notes/">link #59</ulink>; William New, <quote>Global Group's
 <!-- f6. --> Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> <citetitle>Washington Post</citetitle>,
 August 2003, E1, available at 
 <ulink url="http://free-culture.cc/notes/">link #59</ulink>; William New, <quote>Global Group's

-Shift on `Open Source' Meeting Spurs Stir,</quote> <citetitle>National Journal's Technology
+Shift on <quote>Open Source</quote> Meeting Spurs Stir,</quote> <citetitle>National Journal's Technology

 Daily</citetitle>, 19 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #60</ulink>; William New, <quote>U.S. Official
 Daily</citetitle>, 19 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #60</ulink>; William New, <quote>U.S. Official

-Opposes `Open Source' Talks at WIPO,</quote> <citetitle>National Journal's Technology
+Opposes <quote>Open Source</quote> Talks at WIPO,</quote> <citetitle>National Journal's Technology

 Daily</citetitle>, 19 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #61</ulink>.
 </para></footnote>
 Daily</citetitle>, 19 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #61</ulink>.
 </para></footnote>