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-<dedication><title></title>
+<dedication id='dedication'><title></title>
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publication, but also a privacy interest. By granting authors the exclusive
right to first publication, state copyright law gave authors the power to
control the spread of facts about them. See Samuel D. Warren and Louis
-D. Brandeis, <quote>The Right to Privacy,</quote> Harvard Law Review 4 (1890): 193,
-198–200.
+D. Brandeis, <quote>The Right to Privacy,</quote> <citetitle>Harvard
+Law Review</citetitle> 4 (1890): 193, 198–200.
<indexterm><primary>Brandeis, Louis D.</primary></indexterm>
</para></footnote>
This is also, of course, an important part of creativity and culture,
and empowered them to be able to both understand it and talk about
it,</quote> Barish explained. That tool succeeded in creating
expression—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
broke back into the mainstream press. In the end, Lott was forced to
resign as senate majority leader.<footnote><para>
<!-- f18 -->
-Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the Pot,</quote> New
-York Times, 16 January 2003, G5.
+Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the
+Pot,</quote> <citetitle>New York Times</citetitle>, 16 January 2003, G5.
</para></footnote>
</para>
<indexterm id='idxmediacommercialimperativesof' class='startofrange'><primary>media</primary><secondary>commercial imperatives of</secondary></indexterm>
</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>.
</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>
</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' … was
-not the fault of the tapers—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> … was not the fault of the
+tapers—who did not [stop after MTV came into
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being]—but had to a large extent resulted from stagnation in musical
innovation at the major labels.</quote><footnote><para>
<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
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
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,
-485–86: <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, 485–86: <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
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
<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>
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<!-- 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,
enough to start a company. It is impossibly hard if that company is
constantly threatened by litigation.
</para>
+<indexterm id='idxmarketconstraints3' class='startofrange'><primary>market constraints</primary></indexterm>
+<indexterm id='idxpermissionculturetransactioncostof' class='startofrange'><primary>permission culture</primary><secondary>transaction cost of</secondary></indexterm>
+<indexterm><primary>regulation</primary><secondary>outsize penalties of</secondary></indexterm>
+<indexterm><primary>technology</primary><secondary>legal murkiness on</secondary></indexterm>
<para>
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unlimited liability, we will have much less vibrant innovation and
much less creativity.
</para>
-<indexterm><primary>market constraints</primary></indexterm>
<para>
The point is directly parallel to the crunchy-lefty point about fair
use. Whatever the <quote>real</quote> law is, realism about the effect of law in
creativity. Someone needs to do a lot of justifying to justify that
result.
</para>
+<indexterm startref='idxmarketconstraints3' class='endofrange'/>
+<indexterm startref='idxpermissionculturetransactioncostof' class='endofrange'/>
<para>
<emphasis role='strong'>The uncertainty</emphasis> of the law is one
burden on innovation. There is a second burden that operates more
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
<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
<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>
<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>
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>
overstepped its bounds.
</para>
<para>
-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 hundred cases a year, out of more than five thousand
-appeals.) And it practically never reviews a decision that upholds a
-statute when no other court has yet reviewed the statute.
+It was here that most expected <citetitle>Eldred</citetitle>
+v. <citetitle>Ashcroft</citetitle> would die, for the Supreme Court
+rarely reviews any decision by a court of appeals. (It hears about one
+hundred cases a year, out of more than five thousand appeals.) And it
+practically never reviews a decision that upholds a statute when no
+other court has yet reviewed the statute.
</para>
<para>
But in February 2002, the Supreme Court surprised the world by
<!-- 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
-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>
projects / text-free-culture-lessig.git / blobdiff