</para></footnote>
There are plenty of ways for the RIAA to affect
and direct policy. So where is the morality in taking money from a
- student
-for running a search engine?<footnote><para>
+student for running a search engine?<footnote><para>
<!-- f3 -->
Douglas Lichtman makes a related point in "KaZaA and Punishment,"
Wall Street Journal, 10 September 2003, A24.
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 foresee anything like this, but I think it's just completely
- absurd
-what the RIAA has done.
+absurd what the RIAA has done.
</para>
</blockquote>
<para>
<sect1 id="pirates">
<title>CHAPTER FOUR: "Pirates"</title>
<para>
-
If "piracy" means using the creative property of others without
their permission—if "if value, then right" is true—then the history of
the content industry is a history of piracy. Every important sector of
The film industry of Hollywood was built by fleeing pirates.<footnote><para>
<!-- f1 -->
I am grateful to Peter DiMauro for pointing me to this extraordinary
- history.
-See also Siva Vaidhyanathan, Copyrights and Copywrongs, 87–93,
+history. See also Siva Vaidhyanathan, Copyrights and Copywrongs, 87–93,
which details Edison's "adventures" with copyright and patent.
</para></footnote>
-Creators
-and directors migrated from the East Coast to California in the early
-twentieth century in part to escape controls that patents granted the
-inventor of filmmaking, Thomas Edison. These controls were
- exercised
-through a monopoly "trust," the Motion Pictures Patents
- Company,
-and were based on Thomas Edison's creative property—patents.
-Edison formed the MPPC to exercise the rights this creative property
+Creators and directors migrated from the East Coast to California in
+the early twentieth century in part to escape controls that patents
+granted the inventor of filmmaking, Thomas Edison. These controls were
+exercised through a monopoly "trust," the Motion Pictures Patents
+Company, and were based on Thomas Edison's creative
+property—patents. Edison formed the MPPC to exercise the rights
+this creative property
<!-- PAGE BREAK 67 -->
gave him, and the MPPC was serious about the control it demanded.
</para>
imported film stock to create their own underground market.
</para>
<para>
-With the country experiencing a tremendous expansion in the
-number of nickelodeons, the Patents Company reacted to the
- independent
-movement by forming a strong-arm subsidiary known
-as the General Film Company to block the entry of non-licensed
-independents. With coercive tactics that have become legendary,
-General Film confiscated unlicensed equipment, discontinued
-product supply to theaters which showed unlicensed films, and
-effectively monopolized distribution with the acquisition of all
-U.S. film exchanges, except for the one owned by the independent
-William Fox who defied the Trust even after his license was
- revoked.<footnote><para>
+With the country experiencing a tremendous expansion in the number of
+nickelodeons, the Patents Company reacted to the independent movement
+by forming a strong-arm subsidiary known as the General Film Company
+to block the entry of non-licensed independents. With coercive tactics
+that have become legendary, General Film confiscated unlicensed
+equipment, discontinued product supply to theaters which showed
+unlicensed films, and effectively monopolized distribution with the
+acquisition of all U.S. film exchanges, except for the one owned by
+the independent William Fox who defied the Trust even after his
+license was revoked.<footnote><para>
<!-- f2 -->
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 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 Flag: Mechanisms of Consent and Refusal and the
- Propertization
-of Copyright" (September 2002), University of Chicago Law
-School, James M. Olin Program in Law and Economics, Working Paper
-No. 159.
-</para></footnote>
+<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 Flag: Mechanisms of Consent and Refusal and
+the Propertization of Copyright" (September 2002), University of
+Chicago Law School, James M. Olin Program in Law and Economics,
+Working Paper No. 159. </para></footnote>
</para>
</blockquote>
<para>
The Napsters of those days, the "independents," were companies like
-Fox. And no less than today, these independents were vigorously
- resisted.
-"Shooting was disrupted by machinery stolen, and `accidents'
-resulting in loss of negatives, equipment, buildings and sometimes life
-and limb frequently occurred."<footnote><para>
+Fox. And no less than today, these independents were vigorously
+resisted. "Shooting was disrupted by machinery stolen, and
+`accidents' resulting in loss of negatives, equipment, buildings and
+sometimes life and limb frequently occurred."<footnote><para>
<!-- f3 -->
Marc Wanamaker, "The First Studios," The Silents Majority, archived at
-
<ulink url="http://free-culture.cc/notes/">link #12</ulink>.
</para></footnote>
-That led the independents to flee the
-East Coast. California was remote enough from Edison's reach that
- filmmakers
-there could pirate his inventions without fear of the law. And the
-leaders of Hollywood filmmaking, Fox most prominently, did just that.
+That led the independents to flee the East
+Coast. California was remote enough from Edison's reach that
+filmmakers there could pirate his inventions without fear of the
+law. And the leaders of Hollywood filmmaking, Fox most prominently,
+did just that.
</para>
<para>
Of course, California grew quickly, and the effective enforcement
<!-- PAGE BREAK 68 -->
time), by the time enough federal marshals appeared, the patents had
-expired. A new industry had been born, in part from the piracy of
- Edison's
-creative property.
+expired. A new industry had been born, in part from the piracy of
+Edison's creative property.
</para>
</sect2>
<sect2 id="recordedmusic">
<para>
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 it. Along come the phonographic companies and
- companies
-who cut music rolls and deliberately steal the work of the brain
-
of the composer and publisher without any regard for [their] rights.<footnote><para>
+copyrights it. Along come the phonographic companies and companies who
+cut music rolls and deliberately steal the work of the brain of the
+composer and publisher without any regard for [their]
+rights.<footnote><para>
<!-- f4 -->
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).
+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).
</para></footnote>
</para>
</blockquote>
genius of American composers,"<footnote><para>
<!-- f5 -->
To Amend and Consolidate the Acts Respecting Copyright, 223
- (statement
-of Nathan Burkan, attorney for the Music Publishers Association).
+(statement of Nathan Burkan, attorney for the Music Publishers Association).
</para></footnote>
and the "music publishing industry"
was thereby "at the complete mercy of this one pirate."<footnote><para>
<!-- f6 -->
To Amend and Consolidate the Acts Respecting Copyright, 226
- (statement
-of Nathan Burkan, attorney for the Music Publishers Association).
+(statement of Nathan Burkan, attorney for the Music Publishers Association).
</para></footnote>
As John Philip
Sousa put it, in as direct a way as possible, "When they make money
out of my pieces, I want a share of it."<footnote><para>
<!-- f7 -->
To Amend and Consolidate the Acts Respecting Copyright, 23
- (statement
-of John Philip Sousa, composer).
+(statement of John Philip Sousa, composer).
</para></footnote>
</para>
<para>
-These arguments have familiar echoes in the wars of our day. So,
-too, do the arguments on the other side. The innovators who
- developed
-the player piano argued that "it is perfectly demonstrable that the
-introduction of automatic music players has not deprived any
- composer
-of anything he had before their introduction." Rather, the
- machines
+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 argued that "it is perfectly demonstrable that the
+introduction of automatic music players has not deprived any composer
+of anything he had before their introduction." Rather, the machines
increased the sales of sheet music.<footnote><para>
<!-- f8 -->
To Amend and Consolidate the Acts Respecting Copyright, 283–84
projects / text-free-culture-lessig.git / blobdiff