msgid ""
msgstr ""
"Project-Id-Version: PACKAGE VERSION\n"
-"POT-Creation-Date: 2012-08-11 17:19+0300\n"
+"POT-Creation-Date: 2013-07-28 08:21+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"
msgid "<abbrev>\"freeculture\"</abbrev>"
msgstr ""
-#. type: Content of: <book><dedication><para>
-#: freeculture.xml:21 freeculture.xml:177
+#. type: Content of: <book><bookinfo><subtitle>
+#: freeculture.xml:21
msgid ""
"HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN CULTURE AND CONTROL "
"CREATIVITY"
msgstr ""
#. type: Content of: <book><dedication><para>
-#: freeculture.xml:166
-msgid "THE PENGUIN PRESS, NEW YORK"
-msgstr ""
-
-#. type: Content of: <book><dedication><para>
-#: freeculture.xml:173
-msgid "FREE CULTURE"
-msgstr ""
-
-#. type: Content of: <book><dedication><para>
-#: freeculture.xml:183
-msgid "LAWRENCE LESSIG"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:189
-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:193
-msgid "Copyright © Lawrence Lessig. All rights reserved."
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:196
-msgid ""
-"Excerpt from an editorial titled <quote>The Coming of Copyright "
-"Perpetuity,</quote> <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:201
-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:205
-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:209
-msgid "Library of Congress Cataloging-in-Publication Data"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:212
-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:217
-msgid "p. cm."
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:220
-msgid "Includes index."
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:223
-msgid "ISBN 1-59420-006-8 (hardcover)"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:227
-msgid ""
-"1. Intellectual property—United States. 2. Mass media—United "
-"States."
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:230
-msgid ""
-"3. Technological innovations—United States. 4. Art—United "
-"States. I. Title."
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:233
-msgid "KF2979.L47"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:236
-msgid "343.7309'9—dc22"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:239
-msgid "This book is printed on acid-free paper."
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:242
-msgid "Printed in the United States of America"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:245
-msgid "1 3 5 7 9 10 8 6 4"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:248
-msgid "Designed by Marysarah Quinn"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:252
-msgid "&translationblock;"
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:256
-msgid ""
-"Without limiting the rights under copyright reserved above, no part of this "
-"publication may be reproduced, stored in or introduced into a retrieval "
-"system, or transmitted, in any form or by any means (electronic, mechanical, "
-"photocopying, recording or otherwise), without the prior written permission "
-"of both the copyright owner and the above publisher of this book."
-msgstr ""
-
-#. type: Content of: <book><colophon><para>
-#: freeculture.xml:264
-msgid ""
-"The scanning, uploading, and distribution of this book via the Internet or "
-"via any other means without the permission of the publisher is illegal and "
-"punishable by law. Please purchase only authorized electronic editions and "
-"do not participate in or encourage electronic piracy of copyrighted "
-"materials. Your support of the author's rights is appreciated."
-msgstr ""
-
-#. type: Content of: <book><dedication><para>
-#: freeculture.xml:276
+#: freeculture.xml:168
msgid ""
"To Eric Eldred—whose work first drew me to this cause, and for whom it "
"continues still."
msgstr ""
#. type: Content of: <book><lot><title>
-#: freeculture.xml:284
+#: freeculture.xml:176
msgid "List of figures"
msgstr ""
#. type: Content of: <book><preface><title>
-#: freeculture.xml:346
+#: freeculture.xml:238
msgid "PREFACE"
msgstr ""
#. type: Content of: <book><preface><indexterm><primary>
-#: freeculture.xml:348
+#: freeculture.xml:239
msgid "Pogue, David"
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:351
+#: freeculture.xml:241
msgid ""
"<emphasis role=\"bold\">At the end</emphasis> of his review of my first "
"book, <citetitle>Code: And Other Laws of Cyberspace</citetitle>, David "
msgstr ""
#. type: Content of: <book><preface><blockquote><para><footnote><para>
-#: freeculture.xml:362
+#: freeculture.xml:252
msgid ""
"David Pogue, <quote>Don't Just Chat, Do Something,</quote> <citetitle>New "
"York Times</citetitle>, 30 January 2000."
msgstr ""
#. type: Content of: <book><preface><blockquote><para>
-#: freeculture.xml:358
+#: freeculture.xml:248
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:367
+#: freeculture.xml:257
msgid ""
"Pogue was skeptical of the core argument of the book—that software, or "
"<quote>code,</quote> functioned as a kind of law—and his review "
#. PAGE BREAK 12
#. type: Content of: <book><preface><para>
-#: freeculture.xml:376
+#: freeculture.xml:266
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: <citetitle>Free "
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:387
+#: freeculture.xml:277
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><preface><para><footnote><para>
-#: freeculture.xml:399
+#: freeculture.xml:289
msgid ""
"Richard M. Stallman, <citetitle>Free Software, Free Societies</citetitle> 57 "
"(Joshua Gay, ed. 2002)."
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:394
+#: freeculture.xml:284
msgid ""
"That tradition is the way our culture gets made. As I explain in the pages "
"that follow, we come from a tradition of <quote>free "
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:414
+#: freeculture.xml:304
msgid ""
"If we understood this change, I believe we would resist it. Not "
"<quote>we</quote> on the Left or <quote>you</quote> on the Right, but we who "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:422 freeculture.xml:13024
+#: freeculture.xml:312 freeculture.xml:966
+msgid "power, concentration of"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:313 freeculture.xml:13769
msgid "CodePink Women in Peace"
msgstr ""
-#. type: Content of: <book><chapter><
para><indexterm><primary>
-#: freeculture.xml:433 freeculture.xml:443 freeculture.xml:13037
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:314 freeculture.xml:335 freeculture.xml:13770
msgid "Safire, William"
msgstr ""
+#. type: Content of: <book><preface><indexterm><primary>
+#: freeculture.xml:315
+msgid "Stevens, Ted"
+msgstr ""
+
#. type: Content of: <book><preface><para>
-#: freeculture.xml:424
+#: freeculture.xml:317
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 "
"marching <quote>uncomfortably alongside CodePink Women for Peace and the "
"National Rifle Association, between liberal Olympia Snowe and conservative "
"Ted Stevens,</quote> he formulated perhaps most simply just what was at "
-"stake: the concentration of power. And as he asked, <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"stake: the concentration of power. And as he asked,"
msgstr ""
#. type: Content of: <book><preface><blockquote><para><footnote><para>
-#: freeculture.xml:441
+#: freeculture.xml:333
msgid ""
"William Safire, <quote>The Great Media Gulp,</quote> <citetitle>New York "
"Times</citetitle>, 22 May 2003. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><preface><blockquote><para>
-#: freeculture.xml:437
+#: freeculture.xml:329
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:448
+#: freeculture.xml:340
msgid ""
"This idea is an element of the argument of <citetitle>Free "
"Culture</citetitle>, though my focus is not just on the concentration of "
"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, "
+"Safire's left or on his right."
+msgstr ""
+
+#. type: Content of: <book><preface><para>
+#: freeculture.xml:351
+msgid ""
+"<emphasis role=\"strong\">The inspiration</emphasis> 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 "
#. PAGE BREAK 14
#. type: Content of: <book><preface><para>
-#: freeculture.xml:464
+#: freeculture.xml:360
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:482
+#: freeculture.xml:378
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:497
+#: freeculture.xml:393
msgid "INTRODUCTION"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:499
+#: freeculture.xml:394 freeculture.xml:497 freeculture.xml:955
+msgid "Wright brothers"
+msgstr ""
+
+#. type: Content of: <book><chapter><para>
+#: freeculture.xml:396
+msgid ""
+"<emphasis role=\"strong\">On December 17</emphasis>, 1903, on a windy North "
+"Carolina beach for just shy of one hundred seconds, the Wright brothers "
+"demonstrated that a heavier-than-air, self-propelled vehicle could fly. The "
+"moment was electric and its importance widely understood. Almost "
+"immediately, there was an explosion of interest in this newfound technology "
+"of manned flight, and a gaggle of innovators began to build upon it."
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:403
msgid "air traffic, land ownership vs."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:502 freeculture.xml:14010
+#: freeculture.xml:404 freeculture.xml:14793
msgid "land ownership, air traffic and"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:505 freeculture.xml:14012
+#: freeculture.xml:405 freeculture.xml:4623 freeculture.xml:13672 freeculture.xml:14794
msgid "property rights"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:506 freeculture.xml:14013
+#: freeculture.xml:405 freeculture.xml:14794
msgid "air traffic vs."
msgstr ""
-#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:508 freeculture.xml:604 freeculture.xml:1032
-msgid "Wright brothers"
-msgstr ""
-
-#. type: Content of: <book><chapter><para>
-#: freeculture.xml:510
-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, "
-"self-propelled vehicle could fly. The moment was electric and its importance "
-"widely understood. Almost immediately, there was an explosion of interest in "
-"this newfound technology of manned flight, and a gaggle of innovators began "
-"to build upon it."
-msgstr ""
-
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:522
+#: freeculture.xml:411
msgid ""
"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:518
+#: freeculture.xml:407
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:531
+#: freeculture.xml:421
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:539 freeculture.xml:552 freeculture.xml:583 freeculture.xml:602 freeculture.xml:1013 freeculture.xml:1030 freeculture.xml:1077 freeculture.xml:8977 freeculture.xml:12405 freeculture.xml:13128
+#: freeculture.xml:429 freeculture.xml:442 freeculture.xml:475 freeculture.xml:495 freeculture.xml:681 freeculture.xml:808 freeculture.xml:935 freeculture.xml:953 freeculture.xml:1001 freeculture.xml:9523 freeculture.xml:13088 freeculture.xml:13873
msgid "Causby, Thomas Lee"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:540 freeculture.xml:553 freeculture.xml:584 freeculture.xml:603 freeculture.xml:1014 freeculture.xml:1031 freeculture.xml:1078 freeculture.xml:8978 freeculture.xml:12406 freeculture.xml:13129
+#: freeculture.xml:430 freeculture.xml:443 freeculture.xml:476 freeculture.xml:496 freeculture.xml:682 freeculture.xml:809 freeculture.xml:936 freeculture.xml:954 freeculture.xml:1002 freeculture.xml:9524 freeculture.xml:13089 freeculture.xml:13874
msgid "Causby, Tinie"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:542
+#: freeculture.xml:432
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 "
"wanted it to stop."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:444
+msgid "Douglas, William O."
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:445 freeculture.xml:4512 freeculture.xml:5114 freeculture.xml:14181
+msgid "Supreme Court, U.S."
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:445
+msgid "on airspace vs. land rights"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:555
+#: freeculture.xml:447
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:575
+#: freeculture.xml:467
msgid ""
"United States v. Causby, U.S. 328 (1946): 256, 261. The Court did find that "
"there could be a <quote>taking</quote> if the government's use of its land "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:566
+#: freeculture.xml:458
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:589
+#: freeculture.xml:481
msgid "<quote>Common sense revolts at the idea.</quote>"
msgstr ""
#. PAGE BREAK 18
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:592
+#: freeculture.xml:485
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:606
+#: freeculture.xml:499
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:627 freeculture.xml:8985 freeculture.xml:9630
+#: freeculture.xml:520 freeculture.xml:9531 freeculture.xml:10225
msgid "Armstrong, Edwin Howard"
msgstr ""
-#. type: Content of: <book><chapter><
para><indexterm><primary>
-#: freeculture.xml:641
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:521
msgid "Bell, Alexander Graham"
msgstr ""
-#. type: Content of: <book><chapter><
para><indexterm><primary>
-#: freeculture.xml:642
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:522
msgid "Edison, Thomas"
msgstr ""
-#. type: Content of: <book><chapter><
para><indexterm><primary>
-#: freeculture.xml:643
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:523
msgid "Faraday, Michael"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:524 freeculture.xml:4254 freeculture.xml:6789 freeculture.xml:10132
+msgid "radio"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:524 freeculture.xml:6789
+msgid "FM spectrum of"
+msgstr ""
+
+#. PAGE BREAK 19
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:630
+#: freeculture.xml:526
msgid ""
"<emphasis role='strong'>Edwin Howard Armstrong</emphasis> is one of "
"America's forgotten inventor geniuses. He came to the great American "
"discovered electric induction in 1831. But he had the same intuition about "
"how the world of radio worked, and on at least three occasions, Armstrong "
"invented profoundly important technologies that advanced our understanding "
-"of radio. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/>"
+"of radio."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:646
+#: freeculture.xml:539
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:656
+#: freeculture.xml:549
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:667
+#: freeculture.xml:560
msgid "The audience was hearing something no one had thought possible:"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:678
+#: freeculture.xml:571
msgid ""
"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:671
+#: freeculture.xml:564
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; "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:576 freeculture.xml:6792
+msgid "RCA"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:577 freeculture.xml:2454 freeculture.xml:2472 freeculture.xml:2506 freeculture.xml:2508
+msgid "media"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:577 freeculture.xml:2508
+msgid "ownership concentration in"
+msgstr ""
+
#. PAGE BREAK 20
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:684
+#: freeculture.xml:579
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 "
"networks."
msgstr ""
-#. type: Content of: <book><chapter><
para><indexterm><primary>
-#: freeculture.xml:698 freeculture.xml:718
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:587 freeculture.xml:609
msgid "Sarnoff, David"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:693
+#: freeculture.xml:589
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 "
"quite excited when Armstrong told him he had a device that removed static "
"from <quote>radio.</quote> But when Armstrong demonstrated his invention, "
-"Sarnoff was not pleased. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Sarnoff was not pleased."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:705
+#: freeculture.xml:600
msgid ""
"See <quote>Saints: The Heroes and Geniuses of the Electronic Era,</quote> "
"First Electronic Church of America, at www.webstationone.com/fecha, "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:702
+#: freeculture.xml:597
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 "
"id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:608 freeculture.xml:6788
+msgid "FM radio"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:714
+#: freeculture.xml:611
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, "
-"Sarnoff was a superior tactician. As one author described, <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"Sarnoff was a superior tactician. As one author described,"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:616
+msgid "Lessing, Lawrence"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:727
+#: freeculture.xml:624
msgid "Lessing, 226."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:722
+#: freeculture.xml:619
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 "
"grown to power.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:628
+msgid "FCC"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:628
+msgid "on FM radio"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:732
+#: freeculture.xml:630
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:751
+#: freeculture.xml:649
msgid "Lessing, 256."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:747
+#: freeculture.xml:645
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:755
+#: freeculture.xml:654
msgid "AT&T"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:757
+#: freeculture.xml:656
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:767
+#: freeculture.xml:668
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:780
+#: freeculture.xml:684
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, "
"did not: the power to stifle the effect of technological change."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:701 freeculture.xml:1074 freeculture.xml:2325 freeculture.xml:2337 freeculture.xml:2421 freeculture.xml:2455 freeculture.xml:2481 freeculture.xml:2731 freeculture.xml:6673 freeculture.xml:7529 freeculture.xml:7602 freeculture.xml:10131 freeculture.xml:13404 freeculture.xml:13964 freeculture.xml:13965 freeculture.xml:14039
+msgid "Internet"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><indexterm><secondary>
+#: freeculture.xml:701 freeculture.xml:4663 freeculture.xml:13404 freeculture.xml:13964
+msgid "development of"
+msgstr ""
+
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:802
+#: freeculture.xml:709
msgid ""
"Amanda Lenhart, <quote>The Ever-Shifting Internet Population: A New Look at "
"Internet Access and the Digital Divide,</quote> Pew Internet and American "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:796
+#: freeculture.xml:703
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 "
-"part of ordinary American life. According to the Pew Internet and American "
-"Life Project, 58 percent of Americans had access to the Internet in 2002, up "
-"from 49 percent two years before.<placeholder type=\"footnote\" id=\"0\"/> "
-"That number could well exceed two thirds of the nation by the end of 2004."
+"<emphasis role=\"strong\">There's no</emphasis> 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 part of ordinary American "
+"life. According to the Pew Internet and American Life Project, 58 percent of "
+"Americans had access to the Internet in 2002, up from 49 percent two years "
+"before.<placeholder type=\"footnote\" id=\"0\"/> That number could well "
+"exceed two thirds of the nation by the end of 2004."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:811
+#: freeculture.xml:718
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:822
+#: freeculture.xml:729
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 "
"don't even see the change that the Internet has introduced."
msgstr ""
-#. type: Content of: <book><chapter><
para><indexterm><primary>
-#: freeculture.xml:841
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:738
msgid "Barlow, Joel"
msgstr ""
-#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:842
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:739
+msgid "culture"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:739
+msgid "commercial vs. noncommercial"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:740
msgid "Webster, Noah"
msgstr ""
+#. PAGE BREAK 23
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:831
+#: freeculture.xml:742
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 "
"street corners telling stories that kids and others consumed, that was "
"noncommercial culture. When Noah Webster published his "
"<quote>Reader,</quote> or Joel Barlow his poetry, that was commercial "
-"culture. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+"culture."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:845
+#: freeculture.xml:754
msgid ""
"At the beginning of our history, and for just about the whole of our "
"tradition, noncommercial culture was essentially unregulated. Of course, if "
"tapes—were left alone by the law."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:764 freeculture.xml:2828 freeculture.xml:2829 freeculture.xml:2856 freeculture.xml:2857 freeculture.xml:2858 freeculture.xml:7761 freeculture.xml:9590 freeculture.xml:9591 freeculture.xml:9865 freeculture.xml:9866 freeculture.xml:9867 freeculture.xml:9910
+msgid "copyright infringement lawsuits"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:764
+msgid "commercial creativity as primary purpose of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:870 freeculture.xml:1899 freeculture.xml:1910
+#: freeculture.xml:780 freeculture.xml:1916 freeculture.xml:1929
msgid "Brandeis, Louis D."
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:862
+#: freeculture.xml:772
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:856
+#: freeculture.xml:766
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 "
"a controlled part, balanced with the free."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:787 freeculture.xml:1675 freeculture.xml:5221 freeculture.xml:6446 freeculture.xml:14004
+msgid "free culture"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:787
+msgid "permission culture vs."
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:788
+msgid "permission culture"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:788
+msgid "free culture vs."
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:882 freeculture.xml:9523
+#: freeculture.xml:794 freeculture.xml:10115
msgid "Litman, Jessica"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:880
+#: freeculture.xml:792
msgid ""
"See Jessica Litman, <citetitle>Digital Copyright</citetitle> (New York: "
"Prometheus Books, 2001), ch. 13. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:878
+#: freeculture.xml:790
msgid ""
"This rough divide between the free and the controlled has now been "
"erased.<placeholder type=\"footnote\" id=\"0\"/> The Internet has set the "
"more and more a permission culture."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:810
+msgid "protection of artists vs. business interests"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:897
+#: freeculture.xml:812
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:910
+#: freeculture.xml:826
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:929
+#: freeculture.xml:845
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 "
"to remake the Internet before the Internet remakes them."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:854 freeculture.xml:7484
+msgid "Valenti, Jack"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:854 freeculture.xml:7484
+msgid "on creative property rights"
+msgstr ""
+
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:946
+#: freeculture.xml:864
msgid ""
"Amy Harmon, <quote>Black Hawk Download: Moving Beyond Music, Pirates Use New "
"Tools to Turn the Net into an Illicit Video Club,</quote> <citetitle>New "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:938
+#: freeculture.xml:856
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:955
+#: freeculture.xml:873
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:963
+#: freeculture.xml:881
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 "
"culture of values that have been integral to our tradition from the start."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:886 freeculture.xml:6824 freeculture.xml:6937 freeculture.xml:6938 freeculture.xml:6939 freeculture.xml:6984 freeculture.xml:7572 freeculture.xml:11118 freeculture.xml:11409 freeculture.xml:12055
+msgid "Constitution, U.S."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:886 freeculture.xml:6824 freeculture.xml:7572
+msgid "First Amendment to"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:887 freeculture.xml:1052 freeculture.xml:1159 freeculture.xml:1184 freeculture.xml:1528 freeculture.xml:1572 freeculture.xml:1686 freeculture.xml:3089 freeculture.xml:3180 freeculture.xml:4252 freeculture.xml:4253 freeculture.xml:4663 freeculture.xml:4664 freeculture.xml:5265 freeculture.xml:6448 freeculture.xml:6891 freeculture.xml:6971 freeculture.xml:6972 freeculture.xml:7156 freeculture.xml:7255 freeculture.xml:7287 freeculture.xml:7317 freeculture.xml:7352 freeculture.xml:7466 freeculture.xml:7467 freeculture.xml:7528 freeculture.xml:7562 freeculture.xml:7667 freeculture.xml:7681 freeculture.xml:7740 freeculture.xml:7741 freeculture.xml:7839 freeculture.xml:9751 freeculture.xml:10104 freeculture.xml:11058 freeculture.xml:11103
+msgid "copyright law"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:887 freeculture.xml:6971
+msgid "as protection of creators"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:888 freeculture.xml:6825 freeculture.xml:7573
+msgid "First Amendment"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:977 freeculture.xml:14409
+#: freeculture.xml:889 freeculture.xml:899 freeculture.xml:15192
msgid "Netanel, Neil Weinstock"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:975
+#: freeculture.xml:897
msgid ""
"Neil W. Netanel, <quote>Copyright and a Democratic Civil Society,</quote> "
"<citetitle>Yale Law Journal</citetitle> 106 (1996): 283. <placeholder "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:969
+#: freeculture.xml:891
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:985
+#: freeculture.xml:907
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:997
+#: freeculture.xml:919
msgid ""
"The story that follows is about this war. Is it not about the "
"<quote>centrality of technology</quote> to ordinary life. I don't believe in "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1005
+#: freeculture.xml:927
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 "
"war. We must resolve it soon."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:937 freeculture.xml:13320 freeculture.xml:13403 freeculture.xml:13573
+msgid "intellectual property rights"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1016
-msgid ""
-"Like the Causbys' battle, this war is, in part, about "
-"<quote>property.</quote> The property of this war is not as tangible as the "
-"Causbys', and no innocent chicken has yet to lose its life. Yet the ideas "
-"surrounding this <quote>property</quote> are as obvious to most as the "
-"Causbys' claim about the sacredness of their farm was to them. We are the "
-"Causbys. Most of us take for granted the extraordinarily powerful claims "
-"that the owners of <quote>intellectual property</quote> now assert. Most of "
-"us, like the Causbys, treat these claims as obvious. And hence we, like the "
-"Causbys, object when a new technology interferes with this property. It is "
-"as plain to us as it was to them that the new technologies of the Internet "
-"are <quote>trespassing</quote> upon legitimate claims of "
-"<quote>property.</quote> It is as plain to us as it was to them that the law "
-"should intervene to stop this trespass."
+#: freeculture.xml:939
+msgid ""
+"<emphasis role=\"strong\">Like the Causbys'</emphasis> battle, this war is, "
+"in part, about <quote>property.</quote> The property of this war is not as "
+"tangible as the Causbys', and no innocent chicken has yet to lose its "
+"life. Yet the ideas surrounding this <quote>property</quote> are as obvious "
+"to most as the Causbys' claim about the sacredness of their farm was to "
+"them. We are the Causbys. Most of us take for granted the extraordinarily "
+"powerful claims that the owners of <quote>intellectual property</quote> now "
+"assert. Most of us, like the Causbys, treat these claims as obvious. And "
+"hence we, like the Causbys, object when a new technology interferes with "
+"this property. It is as plain to us as it was to them that the new "
+"technologies of the Internet are <quote>trespassing</quote> upon legitimate "
+"claims of <quote>property.</quote> It is as plain to us as it was to them "
+"that the law should intervene to stop this trespass."
msgstr ""
#. PAGE BREAK 27
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1034
+#: freeculture.xml:957
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:1044
+#: freeculture.xml:968
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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1054
+#: freeculture.xml:978
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:1060
+#: freeculture.xml:984
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:1064
+#: freeculture.xml:988
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:1071
+#: freeculture.xml:995
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:1080
+#: freeculture.xml:1004
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:1090
+#: freeculture.xml:1015
msgid ""
-"The struggle that rages just now centers on two ideas: <quote>piracy</quote> "
-"and <quote>property.</quote> My aim in this book's next two parts is to "
-"explore these two ideas."
+"<emphasis role=\"strong\">The struggle</emphasis> that rages just now "
+"centers on two ideas: <quote>piracy</quote> and <quote>property.</quote> My "
+"aim in this book's next two parts is to explore these two ideas."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1095
+#: freeculture.xml:1020
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:1103
+#: freeculture.xml:1028
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:1114
+#: freeculture.xml:1039
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><part><title>
-#: freeculture.xml:1124
+#: freeculture.xml:1049
msgid "<quote>PIRACY</quote>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1052 freeculture.xml:4664
+msgid "English"
+msgstr ""
+
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1128 freeculture.xml:4807
+#: freeculture.xml:1053 freeculture.xml:5074
msgid "Mansfield, William Murray, Lord"
msgstr ""
+#. type: Content of: <book><part><partintro><indexterm><primary>
+#: freeculture.xml:1054
+msgid "music publishing"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1055 freeculture.xml:3177
+msgid "sheet music"
+msgstr ""
+
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1131
+#: freeculture.xml:1057
msgid ""
-"Since the inception of the law regulating creative property, there has been "
-"a war against <quote>piracy.</quote> The precise contours of this concept, "
+"<emphasis role=\"strong\">Since the inception</emphasis> of the law "
+"regulating creative property, there has been a war against "
+"<quote>piracy.</quote> The precise contours of this concept, "
"<quote>piracy,</quote> are hard to sketch, but the animating injustice is "
"easy to capture. As Lord Mansfield wrote in a case that extended the reach "
"of English copyright law to include sheet music,"
#. f1
#. type: Content of: <book><part><partintro><blockquote><para><footnote><para>
-#: freeculture.xml:1143
+#: freeculture.xml:1069
msgid ""
"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 "
"Eng. Rep. 1274 (1777) (Mansfield)."
msgstr ""
#. type: Content of: <book><part><partintro><blockquote><para>
-#: freeculture.xml:1139
+#: freeculture.xml:1065
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 "
"own use.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><partintro><indexterm><secondary>
+#: freeculture.xml:1074
+msgid "efficient content distribution on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1075 freeculture.xml:6674 freeculture.xml:11106
+msgid "peer-to-peer (p2p) file sharing"
+msgstr ""
+
+#. type: Content of: <book><part><partintro><indexterm><secondary>
+#: freeculture.xml:1075
+msgid "efficiency of"
+msgstr ""
+
#. PAGE BREAK 31
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1149
+#: freeculture.xml:1077
msgid ""
"Today we are in the middle of another <quote>war</quote> against "
"<quote>piracy.</quote> The Internet has provoked this war. The Internet "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1158
+#: freeculture.xml:1086
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><part><partintro><para>
-#: freeculture.xml:1166
+#: freeculture.xml:1095
msgid ""
"The warriors have turned to the courts, to the legislatures, and "
"increasingly to technology to defend their <quote>property</quote> against "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1174
+#: freeculture.xml:1103
msgid ""
"There's no doubt that <quote>piracy</quote> is wrong, and that pirates "
"should be punished. But before we summon the executioners, we should put "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1180
+#: freeculture.xml:1109
msgid "The idea goes something like this:"
msgstr ""
#. type: Content of: <book><part><partintro><blockquote><para>
-#: freeculture.xml:1184
+#: freeculture.xml:1113
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><part><partintro><indexterm><primary>
-#: freeculture.xml:1192
+#: freeculture.xml:1121
+msgid "ASCAP"
+msgstr ""
+
+#. type: Content of: <book><part><partintro><indexterm><primary>
+#: freeculture.xml:1122
msgid "Dreyfuss, Rochelle"
msgstr ""
+#. type: Content of: <book><part><partintro><indexterm><primary>
+#: freeculture.xml:1123
+msgid "Girl Scouts"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1124 freeculture.xml:6942 freeculture.xml:7042 freeculture.xml:7485
+msgid "creative property"
+msgstr ""
+
+#. type: Content of: <book><part><partintro><indexterm><secondary>
+#: freeculture.xml:1124
+msgid "<quote>if value, then right</quote> theory of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1125 freeculture.xml:2985
+msgid "<quote>if value, then right</quote> theory"
+msgstr ""
+
#. f2
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:1198
+#: freeculture.xml:1131
msgid ""
"See Rochelle Dreyfuss, <quote>Expressive Genericity: Trademarks as Language "
"in the Pepsi Generation,</quote> <citetitle>Notre Dame Law "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1211 freeculture.xml:6936
+#: freeculture.xml:1144 freeculture.xml:7421
msgid "Zittrain, Jonathan"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:1206
+#: freeculture.xml:1139
msgid ""
"Lisa Bannon, <quote>The Birds May Sing, but Campers Can't Unless They Pay "
"Up,</quote> <citetitle>Wall Street Journal</citetitle>, 21 August 1996, "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1194
+#: freeculture.xml:1127
msgid ""
"This view runs deep within the current debates. It is what NYU law professor "
"Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> "
"<quote>right</quote>—even against the Girl Scouts."
msgstr ""
-#. type: Content of: <book><part><partintro><indexterm><primary>
-#: freeculture.xml:1216
-msgid "ASCAP"
-msgstr ""
-
#. PAGE BREAK 32
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1218
+#: freeculture.xml:1151
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 "
"property. It has never taken hold within our law."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:1159 freeculture.xml:7255 freeculture.xml:7352 freeculture.xml:7667
+msgid "on republishing vs. transformation of original work"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1160 freeculture.xml:1342 freeculture.xml:1499
+msgid "creativity"
+msgstr ""
+
+#. type: Content of: <book><part><partintro><indexterm><secondary>
+#: freeculture.xml:1160
+msgid "legal restrictions on"
+msgstr ""
+
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1226
+#: freeculture.xml:1162
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><part><partintro><para>
-#: freeculture.xml:1233
+#: freeculture.xml:1169
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><part><partintro><para>
-#: freeculture.xml:1240
+#: freeculture.xml:1177
msgid ""
"Before the technologies of the Internet, this conflation didn't matter all "
"that much. The technologies of publishing were expensive; that meant the "
"copyright law has become. It was just one more expense of doing business."
msgstr ""
+#. type: Content of: <book><part><partintro><indexterm><secondary>
+#: freeculture.xml:1184
+msgid "creativity impeded by"
+msgstr ""
+
#. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1247 freeculture.xml:1278
+#: freeculture.xml:1185 freeculture.xml:1216
msgid "Florida, Richard"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1248 freeculture.xml:1279
+#: freeculture.xml:1186 freeculture.xml:1217
msgid "Rise of the Creative Class, The (Florida)"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:1270
+#: freeculture.xml:1208
msgid ""
"In <citetitle>The Rise of the Creative Class</citetitle> (New York: Basic "
"Books, 2002), Richard Florida documents a shift in the nature of labor "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1250
+#: freeculture.xml:1188
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><part><partintro><para>
-#: freeculture.xml:1285
+#: freeculture.xml:1224
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><part><chapter><title>
-#: freeculture.xml:1293
+#: freeculture.xml:1232
msgid "CHAPTER ONE: Creators"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1295
+#: freeculture.xml:1233
msgid "animated cartoons"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1234
+msgid "cartoon films"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1235 freeculture.xml:5269 freeculture.xml:5303 freeculture.xml:6015 freeculture.xml:6059
+msgid "films"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1235
+msgid "animated"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1236
+msgid "Steamboat Willie"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1237 freeculture.xml:7446
+msgid "Mickey Mouse"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1298
+#: freeculture.xml:1239
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 <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."
+"<emphasis role=\"strong\">In 1928</emphasis>, a cartoon character was "
+"born. An early Mickey Mouse made his debut 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><part><chapter><indexterm><primary>
+#: freeculture.xml:1245 freeculture.xml:1462 freeculture.xml:1516 freeculture.xml:1657 freeculture.xml:1903 freeculture.xml:4499 freeculture.xml:6191 freeculture.xml:7445 freeculture.xml:10999 freeculture.xml:11412
+msgid "Disney, Walt"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1305
+#: freeculture.xml:1247
msgid ""
"Synchronized sound had been introduced to film a year earlier in the movie "
"<citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy "
#. PAGE BREAK 35
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:1314
+#: freeculture.xml:1256
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><part><chapter><blockquote><para>
-#: freeculture.xml:1321
+#: freeculture.xml:1263
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><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:1334
+#: freeculture.xml:1276
msgid ""
"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><part><chapter><blockquote><para>
-#: freeculture.xml:1328
+#: freeculture.xml:1270
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 "
"new!<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:1343
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1281
msgid "Iwerks, Ub"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1340
+#: freeculture.xml:1283
msgid ""
"Disney's then partner, and one of animation's most extraordinary talents, Ub "
"Iwerks, put it more strongly: <quote>I have never been so thrilled in my "
-"life. Nothing since has ever equaled it.</quote> <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"life. Nothing since has ever equaled it.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1346
+#: freeculture.xml:1288
msgid ""
"Disney had created something very new, based upon something relatively "
"new. Synchronized sound brought life to a form of creativity that had "
"work of others."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1297 freeculture.xml:1659
+msgid "Keaton, Buster"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1298 freeculture.xml:1529 freeculture.xml:1917
+msgid "Steamboat Bill, Jr."
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1355
+#: freeculture.xml:1300
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) "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1361
+#: freeculture.xml:1306
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 "
"genre."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1313 freeculture.xml:1470 freeculture.xml:7256 freeculture.xml:7353 freeculture.xml:7531 freeculture.xml:7640 freeculture.xml:7682
+msgid "derivative works"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:1313 freeculture.xml:1470 freeculture.xml:7353 freeculture.xml:7531
+msgid "piracy vs."
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:1314 freeculture.xml:1473 freeculture.xml:2984 freeculture.xml:3683 freeculture.xml:7354 freeculture.xml:7532 freeculture.xml:15258
+msgid "piracy"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:1314 freeculture.xml:1473 freeculture.xml:7354 freeculture.xml:7532
+msgid "derivative work vs."
+msgstr ""
+
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1375
+#: freeculture.xml:1322
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1369
+#: freeculture.xml:1316
msgid ""
"<citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon "
"Steamboat Willie. The coincidence of titles is not coincidental. Steamboat "
"we get Steamboat Willie, and then from Steamboat Willie, Mickey Mouse."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1342 freeculture.xml:1499
+msgid "by transforming previous works"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1343 freeculture.xml:6232 freeculture.xml:7739
+msgid "Disney, Inc."
+msgstr ""
+
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1396
+#: freeculture.xml:1349
msgid ""
"He was also a fan of the public domain. See Chris Sprigman, <quote>The Mouse "
"that Ate the Public Domain,</quote> Findlaw, 5 March 2002, at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1392
+#: freeculture.xml:1345
msgid ""
"This <quote>borrowing</quote> was nothing unique, either for Disney or for "
"the industry. Disney was always parroting the feature-length mainstream "
"before him, creating something new out of something just barely old."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1363 freeculture.xml:1658 freeculture.xml:11000
+msgid "Grimm fairy tales"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1411
+#: freeculture.xml:1365
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><part><chapter><para>
-#: freeculture.xml:1420
+#: freeculture.xml:1374
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1443
+#: freeculture.xml:1397
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 "
"the culture around us and makes it something different."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1408 freeculture.xml:4716 freeculture.xml:4717 freeculture.xml:4783 freeculture.xml:4821 freeculture.xml:4877 freeculture.xml:4923 freeculture.xml:5058 freeculture.xml:5152 freeculture.xml:6642 freeculture.xml:6940 freeculture.xml:6941 freeculture.xml:6944 freeculture.xml:7013 freeculture.xml:7039 freeculture.xml:7078 freeculture.xml:7201 freeculture.xml:7248 freeculture.xml:7285 freeculture.xml:7593 freeculture.xml:7760 freeculture.xml:11057 freeculture.xml:11081 freeculture.xml:11410 freeculture.xml:11411
+msgid "copyright"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1408 freeculture.xml:4716 freeculture.xml:4877 freeculture.xml:6941 freeculture.xml:6944 freeculture.xml:7039 freeculture.xml:11057 freeculture.xml:11411
+msgid "duration of"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:1409 freeculture.xml:1410 freeculture.xml:5153 freeculture.xml:7043 freeculture.xml:7166 freeculture.xml:8051 freeculture.xml:10991 freeculture.xml:13408 freeculture.xml:14198 freeculture.xml:14199
+msgid "public domain"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1409
+msgid "defined"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1410
+msgid "traditional term for conversion to"
+msgstr ""
+
#. f4
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1457
+#: freeculture.xml:1417
msgid ""
"Until 1976, copyright law granted an author the possibility of two terms: an "
"initial term and a renewal term. I have calculated the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1451
+#: freeculture.xml:1411
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><part><chapter><para>
-#: freeculture.xml:1474
+#: freeculture.xml:1434
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><part><chapter><para>
-#: freeculture.xml:1483
+#: freeculture.xml:1445
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><part><chapter><para>
-#: freeculture.xml:1496
+#: freeculture.xml:1464
msgid ""
-"Of course, Walt Disney had no monopoly on <quote>Walt Disney "
-"creativity.</quote> Nor does America. The norm of free culture has, until "
-"recently, and except within totalitarian nations, been broadly exploited and "
-"quite universal."
+"<emphasis role=\"strong\">Of course</emphasis>, Walt Disney had no monopoly "
+"on <quote>Walt Disney creativity.</quote> Nor does America. The norm of free "
+"culture has, until recently, and except within totalitarian nations, been "
+"broadly exploited and quite universal."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1469 freeculture.xml:1573 freeculture.xml:1687
+msgid "comics, Japanese"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1471 freeculture.xml:1689
+msgid "Japanese comics"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1472 freeculture.xml:1690
+msgid "manga"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1502
+#: freeculture.xml:1475
msgid ""
"Consider, for example, a form of creativity that seems strange to many "
"Americans but that is inescapable within Japanese culture: "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1511
+#: freeculture.xml:1484
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><part><chapter><para>
-#: freeculture.xml:1522
+#: freeculture.xml:1495
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 "
"perspective is quite familiar."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1500 freeculture.xml:1688
+msgid "doujinshi comics"
+msgstr ""
+
#. PAGE BREAK 39
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1527
+#: freeculture.xml:1502
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1542
+#: freeculture.xml:1518
msgid ""
"These copycat comics are not a tiny part of the manga market. They are "
"huge. More than 33,000 <quote>circles</quote> of creators from across Japan "
"competition and despite the law."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1528 freeculture.xml:1572 freeculture.xml:1686
+msgid "Japanese"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1553
+#: freeculture.xml:1531
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 "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1567
+#: freeculture.xml:1545
msgid "Winick, Judd"
msgstr ""
#. f5
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1580
+#: freeculture.xml:1557
msgid ""
"For an excellent history, see Scott McCloud, <citetitle>Reinventing "
"Comics</citetitle> (New York: Perennial, 2000)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1570
+#: freeculture.xml:1547
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 "
"from them.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1562
+msgid "Superman comics"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1585
+#: freeculture.xml:1564
msgid ""
"American comics now are quite different, Winick explains, in part because of "
"the legal difficulty of adapting comics the way doujinshi are "
"stick to some parameters which are fifty years old.</quote>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1574
+msgid "Mehra, Salil"
+msgstr ""
+
#. f6
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1602
+#: freeculture.xml:1584
msgid ""
"See Salil K. Mehra, <quote>Copyright and Comics in Japan: Does Law Explain "
"Why All the Comics My Kid Watches Are Japanese Imports?</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1594
+#: freeculture.xml:1576
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><part><chapter><para>
-#: freeculture.xml:1613
+#: freeculture.xml:1598
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><part><chapter><para>
-#: freeculture.xml:1624
+#: freeculture.xml:1611
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><part><chapter><para>
-#: freeculture.xml:1631
+#: freeculture.xml:1618
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 "
"artists were regularly prosecuted? Would the Japanese gain something "
"important if they could end this practice of uncompensated sharing? Does "
"piracy here hurt the victims of the piracy, or does it help them? Would "
-"lawyers fighting this piracy help their clients or hurt them? Let's pause "
-"for a moment."
+"lawyers fighting this piracy help their clients or hurt them?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1644
+#: freeculture.xml:1631
+msgid "<emphasis role='strong'>Let's pause</emphasis> for a moment."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:1634
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><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1661 freeculture.xml:2870 freeculture.xml:4517 freeculture.xml:4738 freeculture.xml:7321 freeculture.xml:8440
+#: freeculture.xml:1644 freeculture.xml:3002 freeculture.xml:4729 freeculture.xml:4988 freeculture.xml:7870 freeculture.xml:8983
msgid "Vaidhyanathan, Siva"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1654
-msgid ""
-"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 "
-"<quote>property</quote> rights—copyright, patents, trademark, and "
-"trade-secret—but the nature of those rights is very different. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+#: freeculture.xml:1644
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> 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 <quote>property</quote> "
+"rights—copyright, patents, trademark, and trade-secret—but the "
+"nature of those rights is very different."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1649
+#: freeculture.xml:1639
msgid ""
"We live in a world that celebrates <quote>property.</quote> I am one of "
"those celebrants. I believe in the value of property in general, and I also "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1668
+#: freeculture.xml:1661
msgid ""
"But it takes just a second's reflection to realize that there is plenty of "
"value out there that <quote>property</quote> doesn't capture. I don't mean "
"because the Grimms' work was in the public domain."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1675
+msgid "derivative works based on"
+msgstr ""
+
#. PAGE BREAK 42
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1683
+#: freeculture.xml:1677
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><part><chapter><para>
-#: freeculture.xml:1700
+#: freeculture.xml:1701
msgid ""
"Yet there is an obvious reluctance, even among Japanese lawyers, to say that "
"the copycat comic artists are <quote>stealing.</quote> This form of Walt "
"find it hard to say why."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1712 freeculture.xml:4669 freeculture.xml:4801 freeculture.xml:4838 freeculture.xml:5168
+msgid "Shakespeare, William"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1706
+#: freeculture.xml:1714
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 "
#. PAGE BREAK 43
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1720
+#: freeculture.xml:1728
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><part><chapter><para>
-#: freeculture.xml:1731
+#: freeculture.xml:1740
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1743
+#: freeculture.xml:1752
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><part><chapter><title>
-#: freeculture.xml:1751
+#: freeculture.xml:1761
msgid "CHAPTER TWO: <quote>Mere Copyists</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1753
-msgid "photography"
+#: freeculture.xml:1762
+msgid "Daguerre, Louis"
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:1763
-msgid "Daguerre, Louis"
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1763 freeculture.xml:1918 freeculture.xml:1973 freeculture.xml:6751
+msgid "camera technology"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1764
+msgid "photography"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1756
+#: freeculture.xml:1766
msgid ""
-"In 1839, Louis Daguerre invented the first practical technology for "
-"producing what we would call <quote>photographs.</quote> Appropriately "
-"enough, they were called <quote>daguerreotypes.</quote> The process was "
-"complicated and expensive, and the field was thus limited to professionals "
-"and a few zealous and wealthy amateurs. (There was even an American Daguerre "
-"Association that helped regulate the industry, as do all such associations, "
-"by keeping competition down so as to keep prices up.) <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"<emphasis role='strong'>In 1839</emphasis>, Louis Daguerre invented the "
+"first practical technology for producing what we would call "
+"<quote>photographs.</quote> Appropriately enough, they were called "
+"<quote>daguerreotypes.</quote> The process was complicated and expensive, "
+"and the field was thus limited to professionals and a few zealous and "
+"wealthy amateurs. (There was even an American Daguerre Association that "
+"helped regulate the industry, as do all such associations, by keeping "
+"competition down so as to keep prices up.)"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
+#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1775
msgid "Talbot, William"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1766
+#: freeculture.xml:1777
msgid ""
"Yet despite high prices, the demand for daguerreotypes was strong. This "
"pushed inventors to find simpler and cheaper ways to make <quote>automatic "
"be kept wet, the process still remained expensive and cumbersome. In the "
"1870s, dry plates were developed, making it easier to separate the taking of "
"a picture from its developing. These were still plates of glass, and thus it "
-"was still not a process within reach of most amateurs. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"was still not a process within reach of most amateurs."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1778
+#: freeculture.xml:1787
msgid "Eastman, George"
msgstr ""
#. PAGE BREAK 45
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1781
+#: freeculture.xml:1789
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 "
"could dramatically broaden the population of photographers."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1800 freeculture.xml:1955 freeculture.xml:6753
+msgid "Kodak cameras"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1801
+msgid "Kodak Primer, The (Eastman)"
+msgstr ""
+
#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1798
+#: freeculture.xml:1808
msgid ""
"Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: "
"Johns Hopkins University Press, 1975), 112."
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:1800
-msgid "Kodak Primer, The (Eastman)"
-msgstr ""
-
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1793
+#: freeculture.xml:1803
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. <quote>You press the button and we do the "
"rest.</quote><placeholder type=\"footnote\" id=\"0\"/> As he described in "
-"<citetitle>The Kodak Primer</citetitle>: <placeholder type=\"indexterm\" "
-"id=\"1\"/>"
+"<citetitle>The Kodak Primer</citetitle>:"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1817 freeculture.xml:1840
+#: freeculture.xml:1824 freeculture.xml:1850
msgid "Coe, Brian"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:1815
+#: freeculture.xml:1824
msgid ""
-"Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: "
-"Taplinger Publishing, 1977), 53. <placeholder type=\"indexterm\" id=\"0\"/>"
+"<placeholder type=\"indexterm\" id=\"0\"/> Brian Coe, <citetitle>The Birth "
+"of Photography</citetitle> (New York: Taplinger Publishing, 1977), 53."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:1804
+#: freeculture.xml:1813
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><part><chapter><para><footnote><para>
-#: freeculture.xml:1833
+#: freeculture.xml:1843
msgid "Jenkins, 177."
msgstr ""
#. f4
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1837
+#: freeculture.xml:1847
msgid "Based on a chart in Jenkins, p. 178."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1822
+#: freeculture.xml:1832
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><part><chapter><para><footnote><para>
-#: freeculture.xml:1855
+#: freeculture.xml:1865
msgid "Coe, 58."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1844
+#: freeculture.xml:1854
msgid ""
"The real significance of Eastman's invention, however, was not economic. It "
"was social. Professional photography gave individuals a glimpse of places "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1868 freeculture.xml:1974 freeculture.xml:2352 freeculture.xml:2370
+msgid "democracy"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1868 freeculture.xml:1974 freeculture.xml:2352
+msgid "in technologies of expression"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1869 freeculture.xml:1975 freeculture.xml:2015 freeculture.xml:2354
+msgid "expression, technologies of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1869 freeculture.xml:1975 freeculture.xml:2354
+msgid "democratic"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1859
+#: freeculture.xml:1871
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 "
"tools could have before."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1884
+msgid "permissions"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:1884
+msgid "photography exempted from"
+msgstr ""
+
#. f6
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1881
+#: freeculture.xml:1895
msgid ""
"For illustrative cases, see, for example, <citetitle>Pavesich</citetitle> "
"v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905); "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1872
+#: freeculture.xml:1886
msgid ""
"What was required for this technology to flourish? Obviously, Eastman's "
"genius was an important part. But also important was the legal environment "
"no.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1904 freeculture.xml:9677
+msgid "images, ownership of"
+msgstr ""
+
#. PAGE BREAK 47
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1889
+#: freeculture.xml:1906
msgid ""
"The arguments in favor of requiring permission will sound surprisingly "
"familiar. The photographer was <quote>taking</quote> something from the "
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1911
+#: freeculture.xml:1930
msgid "Warren, Samuel D."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1908
+#: freeculture.xml:1927
msgid ""
"Samuel D. Warren and Louis D. Brandeis, <quote>The Right to Privacy,</quote> "
"<citetitle>Harvard Law Review</citetitle> 4 (1890): 193. <placeholder "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1901
+#: freeculture.xml:1920
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 "
#. f8
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1928
+#: freeculture.xml:1948
msgid ""
"See Melville B. Nimmer, <quote>The Right of Publicity,</quote> "
"<citetitle>Law and Contemporary Problems</citetitle> 19 (1954): 203; William "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1918
+#: freeculture.xml:1938
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 "
"type=\"footnote\" id=\"0\"/>)"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1956 freeculture.xml:9918
+msgid "Napster"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1936
+#: freeculture.xml:1958
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, "
"imagine a system developing to demonstrate that permission."
msgstr ""
-#. PAGE BREAK 48
-#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1953
-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 "
-"for permission had been built into the rules that govern it. Photography "
-"would have existed. It would have grown in importance over "
-"time. Professionals would have continued to use the technology as they "
-"did—since professionals could have more easily borne the burdens of "
-"the permission system. But the spread of photography to ordinary people "
-"would not have occurred. Nothing like that growth would have been "
-"realized. And certainly, nothing like that growth in a democratic technology "
-"of expression would have been realized. If you drive through San "
-"Francisco's Presidio, you might see two gaudy yellow school buses painted "
-"over with colorful and striking images, and the logo <quote>Just "
-"Think!</quote> in place of the name of a school. But there's little that's "
-"<quote>just</quote> cerebral in the projects that these busses enable. "
-"These buses are filled with technologies that teach kids to tinker with "
-"film. Not the film of Eastman. Not even the film of your VCR. Rather the "
-"<quote>film</quote> of digital cameras. Just Think! is a project that "
-"enables kids to make films, as a way to understand and critique the filmed "
-"culture that they find all around them. Each year, these busses travel to "
-"more than thirty schools and enable three hundred to five hundred children "
-"to learn something about media by doing something with media. By doing, "
-"they think. By tinkering, they learn."
+#. PAGE BREAK 48
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:1979
+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 "
+"for permission had been built into the rules that govern it. Photography "
+"would have existed. It would have grown in importance over "
+"time. Professionals would have continued to use the technology as they "
+"did—since professionals could have more easily borne the burdens of "
+"the permission system. But the spread of photography to ordinary people "
+"would not have occurred. Nothing like that growth would have been "
+"realized. And certainly, nothing like that growth in a democratic technology "
+"of expression would have been realized."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1995 freeculture.xml:6752
+msgid "digital cameras"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1996
+msgid "Just Think!"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:1998
+msgid ""
+"<emphasis role='strong'>If you drive</emphasis> through San Francisco's "
+"Presidio, you might see two gaudy yellow school buses painted over with "
+"colorful and striking images, and the logo <quote>Just Think!</quote> in "
+"place of the name of a school. But there's little that's <quote>just</quote> "
+"cerebral in the projects that these busses enable. These buses are filled "
+"with technologies that teach kids to tinker with film. Not the film of "
+"Eastman. Not even the film of your VCR. Rather the <quote>film</quote> of "
+"digital cameras. Just Think! is a project that enables kids to make films, "
+"as a way to understand and critique the filmed culture that they find all "
+"around them. Each year, these busses travel to more than thirty schools and "
+"enable three hundred to five hundred children to learn something about media "
+"by doing something with media. By doing, they think. By tinkering, they "
+"learn."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2013 freeculture.xml:2812
+msgid "education"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2013
+msgid "in media literacy"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2014
+msgid "media literacy"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2015
+msgid "media literacy and"
msgstr ""
#. f9
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1986
+#: freeculture.xml:2023
msgid ""
"H. Edward Goldberg, <quote>Essential Presentation Tools: Hardware and "
"Software You Need to Create Digital Multimedia Presentations,</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1980
+#: freeculture.xml:2017
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 "
"literacy.</quote>"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:2003
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2033
msgid "Yanofsky, Dave"
msgstr ""
+#. PAGE BREAK 49
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1998
+#: freeculture.xml:2036
msgid ""
"<quote>Media literacy,</quote> as Dave Yanofsky, the executive director of "
"Just Think!, puts it, <quote>is the ability … to understand, analyze, "
"and deconstruct media images. Its aim is to make [kids] literate about the "
"way media works, the way it's constructed, the way it's delivered, and the "
-"way people access it.</quote> <placeholder type=\"indexterm\" id=\"0\"/>"
+"way people access it.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2006
+#: freeculture.xml:2044
msgid ""
"This may seem like an odd way to think about <quote>literacy.</quote> For "
"most people, literacy is about reading and writing. Faulkner and Hemingway "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2011 freeculture.xml:2505 freeculture.xml:6357 freeculture.xml:7186 freeculture.xml:8271 freeculture.xml:8343
+#: freeculture.xml:2049 freeculture.xml:2601 freeculture.xml:6748 freeculture.xml:7720 freeculture.xml:8817 freeculture.xml:8888
msgid "advertising"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:2050 freeculture.xml:6750
+msgid "commercials"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:2051 freeculture.xml:6749 freeculture.xml:15256
+msgid "television"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:2051 freeculture.xml:6749
+msgid "advertising on"
+msgstr ""
+
#. f10
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2017
+#: freeculture.xml:2057
msgid ""
"Judith Van Evra, <citetitle>Television and Child Development</citetitle> "
"(Hillsdale, N.J.: Lawrence Erlbaum Associates, 1990); <quote>Findings on "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2013
+#: freeculture.xml:2053
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><part><chapter><para>
-#: freeculture.xml:2028
+#: freeculture.xml:2068
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><part><chapter><para>
-#: freeculture.xml:2038
+#: freeculture.xml:2079
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><part><chapter><indexterm><primary>
-#: freeculture.xml:2045
-msgid "Crichton, Michael"
+#: freeculture.xml:2086 freeculture.xml:2102 freeculture.xml:2208
+msgid "Daley, Elizabeth"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2059 freeculture.xml:2119 freeculture.xml:2126 freeculture.xml:2568
-msgid "Barish, Stephanie"
+#: freeculture.xml:2087
+msgid "Crichton, Michael"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><footnote><para><indexterm><primary>
-#: freeculture.xml:2060
-msgid "Daley, Elizabeth"
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2101 freeculture.xml:2161 freeculture.xml:2168 freeculture.xml:2241 freeculture.xml:2664
+msgid "Barish, Stephanie"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2057
+#: freeculture.xml:2099
msgid ""
"Interview with Elizabeth Daley and Stephanie Barish, 13 December 2002. "
"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
#. f12
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2071
+#: freeculture.xml:2113
msgid ""
"See Scott Steinberg, <quote>Crichton Gets Medieval on PCs,</quote> E!online, "
"4 November 2000, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2047
+#: freeculture.xml:2089
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><part><chapter><indexterm><primary>
-#: freeculture.xml:2078
+#: freeculture.xml:2120
msgid "computer games"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2080
+#: freeculture.xml:2122
msgid ""
"This skill is precisely the craft a filmmaker learns. As Daley describes, "
"<quote>people are very surprised about how they are led through a film. [I]t "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2087
+#: freeculture.xml:2129
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><part><chapter><blockquote><para>
-#: freeculture.xml:2094
+#: freeculture.xml:2136
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><part><chapter><para>
-#: freeculture.xml:2102
+#: freeculture.xml:2144
msgid ""
"<quote>Read-only.</quote> Passive recipients of culture produced elsewhere. "
"Couch potatoes. Consumers. This is the world of media from the twentieth "
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2118
+#: freeculture.xml:2160
msgid "Interview with Daley and Barish. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. f31
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2123 freeculture.xml:3882 freeculture.xml:4926 freeculture.xml:8159
+#: freeculture.xml:2165 freeculture.xml:4047 freeculture.xml:5216 freeculture.xml:8706
msgid "Ibid."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2107
+#: freeculture.xml:2149
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><part><chapter><para>
-#: freeculture.xml:2128
+#: freeculture.xml:2170
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><part><chapter><para>
-#: freeculture.xml:2140
+#: freeculture.xml:2183
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><part><chapter><para>
-#: freeculture.xml:2148
+#: freeculture.xml:2191
msgid ""
"Using whatever <quote>free web stuff they could find,</quote> and relatively "
"simple tools to enable the kids to mix <quote>image, sound, and "
#. PAGE BREAK 52
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2167
+#: freeculture.xml:2212
msgid ""
"<quote>But isn't education about teaching kids to write?</quote> I asked. In "
"part, of course, it is. But why are we teaching kids to write? Education, "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:2178
+#: freeculture.xml:2223
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><part><chapter><blockquote><para>
-#: freeculture.xml:2197
+#: freeculture.xml:2243
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, "
#. PAGE BREAK 53
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:2204
+#: freeculture.xml:2250
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 "
"to understand that they had a lot of power with this language."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2264 freeculture.xml:2323 freeculture.xml:6044
+msgid "September 11, 2001, terrorist attacks of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2265
+msgid "World Trade Center"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2266 freeculture.xml:5964
+msgid "news coverage"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2215
+#: freeculture.xml:2268
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 "
-"shifted to this news. Every moment of just about every day for that week, "
-"and for weeks after, television in particular, and media generally, retold "
-"the story of the events we had just witnessed. The telling was a retelling, "
-"because we had seen the events that were described. The genius of this awful "
-"act of terrorism was that the delayed second attack was perfectly timed to "
-"assure that the whole world would be watching."
+"<emphasis role='strong'>When two planes</emphasis> crashed into the World "
+"Trade Center, another into the Pentagon, and a fourth into a Pennsylvania "
+"field, all media around the world shifted to this news. Every moment of just "
+"about every day for that week, and for weeks after, television in "
+"particular, and media generally, retold the story of the events we had just "
+"witnessed. The telling was a retelling, because we had seen the events that "
+"were described. The genius of this awful act of terrorism was that the "
+"delayed second attack was perfectly timed to assure that the whole world "
+"would be watching."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2226
+#: freeculture.xml:2280
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><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2233 freeculture.xml:8098 freeculture.xml:8337
+#: freeculture.xml:2287 freeculture.xml:8645 freeculture.xml:8882
msgid "ABC"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2234
+#: freeculture.xml:2288
msgid "CBS"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2236
+#: freeculture.xml:2290
msgid ""
"But in addition to this produced news about the <quote>tragedy of September "
"11,</quote> those of us tied to the Internet came to see a very different "
#. PAGE BREAK 54
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2250
+#: freeculture.xml:2305
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><part><chapter><para>
-#: freeculture.xml:2260
+#: freeculture.xml:2315
msgid ""
"But unlike any technology for simply capturing images, the Internet allows "
"these creations to be shared with an extraordinary number of people, "
"practically instantaneously."
msgstr ""
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:2324 freeculture.xml:2419 freeculture.xml:2558
+msgid "blogs (Web-logs)"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2325 freeculture.xml:2421
+msgid "blogs on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2326 freeculture.xml:2422
+msgid "Web-logs (blogs)"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2269
+#: freeculture.xml:2328
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 "
"Springer</citetitle>, available anywhere in the world."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2336 freeculture.xml:2405
+msgid "political discourse"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2337
+msgid "public discourse conducted on"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2278
+#: freeculture.xml:2339
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 "
"most important form of unchoreographed public discourse that we have."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2353
+msgid "elections"
+msgstr ""
+
#. PAGE BREAK 55
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2292
+#: freeculture.xml:2356
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 "
"and routinized. Most of us think this is democracy."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2369
+msgid "Tocqueville, Alexis de"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2370
+msgid "public discourse in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2371
+msgid "jury system"
+msgstr ""
+
#. f15
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2318
+#: freeculture.xml:2388
msgid ""
"See, for example, Alexis de Tocqueville, <citetitle>Democracy in "
"America</citetitle>, bk. 1, trans. Henry Reeve (New York: Bantam Books, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2303
+#: freeculture.xml:2373
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><part><chapter><para><footnote><para>
-#: freeculture.xml:2327
+#: freeculture.xml:2398
msgid ""
"Bruce Ackerman and James Fishkin, <quote>Deliberation Day,</quote> "
"<citetitle>Journal of Political Philosophy</citetitle> 10 (2) (2002): 129."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2323
+#: freeculture.xml:2394
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><part><chapter><para><footnote><para>
-#: freeculture.xml:2342
+#: freeculture.xml:2414
msgid ""
"Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton "
"University Press, 2001), 65–80, 175, 182, 183, 192."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2335
+#: freeculture.xml:2407
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 "
"our friends want to hear, and hear very little beyond what our friends say."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2420
+msgid "e-mail"
+msgstr ""
+
#. PAGE BREAK 56
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2348
+#: freeculture.xml:2427
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><part><chapter><para>
-#: freeculture.xml:2359
+#: freeculture.xml:2438
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. "
"political cover political issues when the occasion merits."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:2371
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2445
msgid "Dean, Howard"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2367
+#: freeculture.xml:2447
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 "
"blogs. Yet even if the number of readers is small, the reading is having an "
-"effect. <placeholder type=\"indexterm\" id=\"0\"/>"
+"effect."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2452
+msgid "Lott, Trent"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2453
+msgid "Thurmond, Strom"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2454
+msgid "blog pressure on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2455
+msgid "news events on"
msgstr ""
#. f18
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2385
+#: freeculture.xml:2468
msgid ""
"Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the "
"Pot,</quote> New York Times, 16 January 2003, G5."
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:2388
-msgid "Lott, Trent"
-msgstr ""
-
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2374
+#: freeculture.xml:2457
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 "
"bloggers kept researching the story. Over time, more and more instances of "
"the same <quote>misspeaking</quote> emerged. Finally, the story broke back "
"into the mainstream press. In the end, Lott was forced to resign as senate "
-"majority leader.<placeholder type=\"footnote\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+"majority leader.<placeholder type=\"footnote\" id=\"0\"/>"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2472 freeculture.xml:2506
+msgid "commercial imperatives of"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2391
+#: freeculture.xml:2474
msgid ""
"This different cycle is possible because the same commercial pressures don't "
"exist with blogs as with other ventures. Television and newspapers are "
"readers, they lose revenue. Like sharks, they must move on."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2481
+msgid "peer-generated rankings on"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2398
+#: freeculture.xml:2483
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><part><chapter><indexterm><primary>
-#: freeculture.xml:2407
+#: freeculture.xml:2492
+msgid "journalism"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2493
msgid "Winer, Dave"
msgstr ""
#. PAGE BREAK 57
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2410
+#: freeculture.xml:2495
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><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2420 freeculture.xml:2473
+#: freeculture.xml:2505 freeculture.xml:2555
msgid "CNN"
msgstr ""
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:2507 freeculture.xml:2556 freeculture.xml:5908
+msgid "Iraq war"
+msgstr ""
+
#. f19
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2428
+#: freeculture.xml:2516
msgid "Telephone interview with David Winer, 16 April 2003."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2422
+#: freeculture.xml:2510
msgid ""
"These conflicts become more important as media becomes more concentrated "
"(more on this below). A concentrated media can hide more from the public "
#. f20
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2446
+#: freeculture.xml:2536
msgid ""
"John Schwartz, <quote>Loss of the Shuttle: The Internet; A Wealth of "
"Information Online,</quote> <citetitle>New York Times</citetitle>, 2 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2438
+#: freeculture.xml:2528
msgid ""
"Blog space gives amateurs a way to enter the "
"debate—<quote>amateur</quote> not in the sense of inexperienced, but "
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2474
+#: freeculture.xml:2557
msgid "Olafson, Steve"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2465
-msgid ""
-"See Michael Falcone, <quote>Does an Editor's Pencil Ruin a Web Log?</quote> "
-"<citetitle>New York Times</citetitle>, 29 September 2003, C4. (<quote>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.</quote>) <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+#: freeculture.xml:2555
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> <placeholder "
+"type=\"indexterm\" id=\"3\"/> See Michael Falcone, <quote>Does an Editor's "
+"Pencil Ruin a Web Log?</quote> <citetitle>New York Times</citetitle>, 29 "
+"September 2003, C4. (<quote>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.</quote>)"
msgstr ""
#. PAGE BREAK 58
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2458
+#: freeculture.xml:2548
msgid ""
"Winer is optimistic about the future of journalism infected with "
"blogs. <quote>It's going to become an essential skill,</quote> Winer "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2486
+#: freeculture.xml:2579
msgid ""
"This speech affects democracy. Winer thinks that happens because <quote>you "
"don't have to work for somebody who controls, [for] a gatekeeper.</quote> "
"something extraordinary to report."
msgstr ""
-#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2502
+#. type: Content of: <book><part><chapter><
section><indexterm><primary>
+#: freeculture.xml:2600 freeculture.xml:6739
msgid "Brown, John Seely"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2508
+#: freeculture.xml:2603
msgid ""
-"John Seely Brown is the chief scientist of the Xerox Corporation. His work, "
-"as his Web site describes it, is <quote>human learning and … the "
-"creation of knowledge ecologies for creating … innovation.</quote>"
+"<emphasis role='strong'>John Seely Brown</emphasis> is the chief scientist "
+"of the Xerox Corporation. His work, as his Web site describes it, is "
+"<quote>human learning and … the creation of knowledge ecologies for "
+"creating … innovation.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2513
+#: freeculture.xml:2609
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><part><chapter><para>
-#: freeculture.xml:2520
+#: freeculture.xml:2616
msgid ""
"As Brown believes, we learn by tinkering. When <quote>a lot of us grew "
"up,</quote> he explains, that tinkering was done <quote>on motorcycle "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2533
+#: freeculture.xml:2629
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><part><chapter><para>
-#: freeculture.xml:2540
+#: freeculture.xml:2636
msgid ""
"This opportunity creates a <quote>completely new kind of learning "
"platform,</quote> as Brown describes. <quote>As soon as you start doing "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2548
+#: freeculture.xml:2644
msgid ""
"In this process, <quote>the concrete things you tinker with are abstract. "
"They are code.</quote> Kids are <quote>shifting to the ability to tinker in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2557
+#: freeculture.xml:2653
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><part><chapter><para>
-#: freeculture.xml:2570
+#: freeculture.xml:2666
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><part><chapter><para>
-#: freeculture.xml:2578
+#: freeculture.xml:2674
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><part><chapter><para><footnote><para>
-#: freeculture.xml:2594
+#: freeculture.xml:2690
msgid ""
"See, for example, Edward Felten and Andrew Appel, <quote>Technological "
"Access Control Interferes with Noninfringing Scholarship,</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2587
+#: freeculture.xml:2683
msgid ""
"These restrictions have become the focus of researchers and scholars. "
"Professor Ed Felten of Princeton (whom we'll see more of in chapter <xref "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2602
+#: freeculture.xml:2698
msgid ""
"<quote>This is where education in the twenty-first century is going,</quote> "
"Brown explains. We need to <quote>understand how kids who grow up digital "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2607
+#: freeculture.xml:2703
msgid ""
"<quote>Yet,</quote> as Brown continued, and as the balance of this book will "
"evince, <quote>we are building a legal system that completely suppresses the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2615
+#: freeculture.xml:2711
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><part><chapter><para>
-#: freeculture.xml:2621
+#: freeculture.xml:2717
msgid ""
"<quote>No way to run a culture,</quote> as Brewster Kahle, whom we'll meet "
"in chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"collectors\"/>, "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:2628
+#: freeculture.xml:2724
msgid "CHAPTER THREE: Catalogs"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:2725 freeculture.xml:2769 freeculture.xml:9593
+msgid "Jordan, Jesse"
+msgstr ""
+
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2629
+#: freeculture.xml:2726
msgid "RPI"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2629 freeculture.xml:2631
+#: freeculture.xml:2726 freeculture.xml:2727 freeculture.xml:2728
msgid "Rensselaer Polytechnic Institute (RPI)"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2728
+msgid "computer network search engine of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2729
+msgid "search engines"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2730
+msgid "university computer networks, p2p sharing on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2731
+msgid "search engines used on"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2634
+#: freeculture.xml:2733
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 "
-"at RPI was information technology. Though he is not a programmer, in October "
-"Jesse decided to begin to tinker with search engine technology that was "
-"available on the RPI network."
+"<emphasis role='strong'>In the fall</emphasis> of 2002, Jesse Jordan of "
+"Oceanside, New York, enrolled as a freshman at Rensselaer Polytechnic "
+"Institute, in Troy, New York. His major at RPI was information "
+"technology. Though he is not a programmer, in October Jesse decided to begin "
+"to tinker with search engine technology that was available on the RPI "
+"network."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2641
+#: freeculture.xml:2741
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><part><chapter><para>
-#: freeculture.xml:2649
+#: freeculture.xml:2749
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 "
"access to other members of the RPI community."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2755 freeculture.xml:2811
+msgid "Google"
+msgstr ""
+
#. PAGE BREAK 62
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2656
+#: freeculture.xml:2757
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 "
"well."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:2770 freeculture.xml:3687 freeculture.xml:3689 freeculture.xml:3690 freeculture.xml:5500 freeculture.xml:8181 freeculture.xml:13507 freeculture.xml:13576
+msgid "Microsoft"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2770
+msgid "network file system of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2668
+#: freeculture.xml:2772
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><part><chapter><para>
-#: freeculture.xml:2677
+#: freeculture.xml:2782
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><part><chapter><para>
-#: freeculture.xml:2689
+#: freeculture.xml:2795
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><part><chapter><para>
-#: freeculture.xml:2696
+#: freeculture.xml:2803
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 "
"made available in a public folder of their computer."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2812
+msgid "tinkering as means of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2705
+#: freeculture.xml:2814
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 "
"supposed to do."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:2828 freeculture.xml:9591 freeculture.xml:9867
+msgid "in recording industry"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2829
+msgid "against student file sharing"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:2830 freeculture.xml:2928 freeculture.xml:3181 freeculture.xml:3310 freeculture.xml:4255 freeculture.xml:4256 freeculture.xml:4257 freeculture.xml:9868 freeculture.xml:10279 freeculture.xml:10280 freeculture.xml:10281 freeculture.xml:10437
+msgid "recording industry"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:2830 freeculture.xml:9868
+msgid "copyright infringement lawsuits of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:2831 freeculture.xml:2860 freeculture.xml:2929 freeculture.xml:9869 freeculture.xml:10282 freeculture.xml:10283 freeculture.xml:10435
+msgid "Recording Industry Association of America (RIAA)"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:2831 freeculture.xml:9869
+msgid "copyright infringement lawsuits filed by"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2720
+#: freeculture.xml:2834
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><part><chapter><para>
-#: freeculture.xml:2729
+#: freeculture.xml:2843
msgid ""
"<quote>It was absurd,</quote> he told me. <quote>I don't think I did "
"anything wrong. … I don't think there's anything wrong with the "
"majority of which had nothing to do with music."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:2856 freeculture.xml:9590 freeculture.xml:9866
+msgid "exaggerated claims of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2857
+msgid "statutory damages of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2858
+msgid "individual defendants intimidated by"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2859
+msgid "statutory damages"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2860
+msgid "intimidation tactics of"
+msgstr ""
+
#. PAGE BREAK 64
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2742
+#: freeculture.xml:2862
msgid ""
"But the RIAA branded Jesse a pirate. They claimed he operated a network and "
"had therefore <quote>willfully</quote> violated copyright laws. They "
"that Jesse pay them at least $15,000,000."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2872
+msgid "Michigan Technical University"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2873
+msgid "Princeton University"
+msgstr ""
+
#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2765
+#: freeculture.xml:2887
msgid ""
"Tim Goral, <quote>Recording Industry Goes After Campus P-2-P Networks: Suit "
"Alleges $97.8 Billion in Damages,</quote> <citetitle>Professional Media "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2753
+#: freeculture.xml:2875
msgid ""
"Similar lawsuits were brought against three other students: one other "
"student at RPI, one at Michigan Technical University, and one at "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2772
+#: freeculture.xml:2894
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><part><chapter><indexterm><primary>
-#: freeculture.xml:2778
+#: freeculture.xml:2900
msgid "Oppenheimer, Matt"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2780
+#: freeculture.xml:2902
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 "
"saved."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2912
+msgid "legal system, attorney costs in"
+msgstr ""
+
#. PAGE BREAK 65
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2791
+#: freeculture.xml:2914
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><part><chapter><para>
-#: freeculture.xml:2801
+#: freeculture.xml:2924
msgid ""
"So Jesse faced a mafia-like choice: $250,000 and a chance at winning, or "
"$12,000 and a settlement."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:2805 freeculture.xml:3157 freeculture.xml:4078 freeculture.xml:5171 freeculture.xml:5222 freeculture.xml:9580 freeculture.xml:9681 freeculture.xml:9855 freeculture.xml:14372 freeculture.xml:14440
+#: freeculture.xml:2927 freeculture.xml:3311 freeculture.xml:4248 freeculture.xml:5509 freeculture.xml:5558 freeculture.xml:10177 freeculture.xml:10275 freeculture.xml:10436 freeculture.xml:10459 freeculture.xml:15157 freeculture.xml:15222
msgid "artists"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:2806 freeculture.xml:3158 freeculture.xml:4079 freeculture.xml:9581 freeculture.xml:9682 freeculture.xml:9856 freeculture.xml:14373 freeculture.xml:14441
+#: freeculture.xml:2927 freeculture.xml:3311 freeculture.xml:4248 freeculture.xml:10177 freeculture.xml:10275 freeculture.xml:10436 freeculture.xml:10459 freeculture.xml:15157 freeculture.xml:15222
msgid "recording industry payments to"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:2928 freeculture.xml:4255 freeculture.xml:10279 freeculture.xml:10437
+msgid "artist remuneration in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:2929 freeculture.xml:10283
+msgid "lobbying power of"
+msgstr ""
+
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2817
+#: freeculture.xml:2939
msgid ""
"Occupational Employment Survey, U.S. Dept. of Labor (2001) "
"(27–2042—Musicians and Singers). See also National Endowment for "
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2825
+#: freeculture.xml:2947
msgid ""
"Douglas Lichtman makes a related point in <quote>KaZaA and "
"Punishment,</quote> <citetitle>Wall Street Journal</citetitle>, 10 September "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2809
+#: freeculture.xml:2931
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><part><chapter><para>
-#: freeculture.xml:2830
+#: freeculture.xml:2954
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><part><chapter><blockquote><para>
-#: freeculture.xml:2837
+#: freeculture.xml:2961
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><part><chapter><para>
-#: freeculture.xml:2844
+#: freeculture.xml:2968
msgid ""
"Jesse's parents betray a certain pride in their reluctant activist. As his "
"father told me, Jesse <quote>considers himself very conservative, and so do "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:2853
+#: freeculture.xml:2983
msgid "CHAPTER FOUR: <quote>Pirates</quote>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:2984
+msgid "in development of content industry"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2855
+#: freeculture.xml:2987
msgid ""
-"If <quote>piracy</quote> means using the creative property of others without "
-"their permission—if <quote>if value, then right</quote> is "
-"true—then the history of the content industry is a history of "
-"piracy. Every important sector of <quote>big media</quote> today—film, "
-"records, radio, and cable TV—was born of a kind of piracy so "
-"defined. The consistent story is how last generation's pirates join this "
-"generation's country club—until now."
+"<emphasis role='strong'>If <quote>piracy</quote> means</emphasis> using the "
+"creative property of others without their permission—if <quote>if "
+"value, then right</quote> is true—then the history of the content "
+"industry is a history of piracy. Every important sector of <quote>big "
+"media</quote> today—film, records, radio, and cable TV—was born "
+"of a kind of piracy so defined. The consistent story is how last "
+"generation's pirates join this generation's country club—until now."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:2863
+#: freeculture.xml:2998
msgid "Film"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2867
+#: freeculture.xml:3002
msgid ""
-"I am grateful to Peter DiMauro for pointing me to this extraordinary "
-"history. See also Siva Vaidhyanathan, <citetitle>Copyrights and "
-"Copywrongs</citetitle>, 87–93, which details Edison's "
-"<quote>adventures</quote> with copyright and patent. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"<placeholder type=\"indexterm\" id=\"0\"/> I am grateful to Peter DiMauro "
+"for pointing me to this extraordinary history. See also Siva Vaidhyanathan, "
+"<citetitle>Copyrights and Copywrongs</citetitle>, 87–93, which details "
+"Edison's <quote>adventures</quote> with copyright and patent."
msgstr ""
#. PAGE BREAK 67
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2865
+#: freeculture.xml:3000
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><part><chapter><section><para>
-#: freeculture.xml:2883
+#: freeculture.xml:3018
msgid "As one commentator tells one part of the story,"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:2887
+#: freeculture.xml:3022
msgid ""
"A January 1909 deadline was set for all companies to comply with the "
"license. By February, unlicensed outlaws, who referred to themselves as "
"imported film stock to create their own underground market."
msgstr ""
-#. f2
-#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:2907
-msgid ""
-"J. A. Aberdeen, <citetitle>Hollywood Renegades: The Society of Independent "
-"Motion Picture Producers</citetitle> (Cobblestone Entertainment, 2000) and "
-"expanded texts posted at <quote>The Edison Movie Monopoly: The Motion "
-"Picture Patents Company vs. the Independent Outlaws,</quote> 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, <quote>From Edison "
-"to the Broadcast Flag: Mechanisms of Consent and Refusal and the "
-"Propertization of Copyright</quote> (September 2002), University of Chicago "
-"Law School, James M. Olin Program in Law and Economics, Working Paper "
-"No. 159."
-msgstr ""
-
-#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary>
-#: freeculture.xml:2918
+#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary>
+#: freeculture.xml:3030
msgid "Fox, William"
msgstr ""
-#. type: Content of: <book><part><chapter><section><blockquote><
para><indexterm><primary>
-#: freeculture.xml:2919
+#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary>
+#: freeculture.xml:3031
msgid "General Film Company"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2920 freeculture.xml:3177 freeculture.xml:4291 freeculture.xml:9725
+#: freeculture.xml:3032 freeculture.xml:3329 freeculture.xml:4481 freeculture.xml:10325
msgid "Picker, Randal C."
msgstr ""
+#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
+#: freeculture.xml:3056 freeculture.xml:4480 freeculture.xml:10045 freeculture.xml:10172
+msgid "broadcast flag"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
+#: freeculture.xml:3045
+msgid ""
+"J. A. Aberdeen, <citetitle>Hollywood Renegades: The Society of Independent "
+"Motion Picture Producers</citetitle> (Cobblestone Entertainment, 2000) and "
+"expanded texts posted at <quote>The Edison Movie Monopoly: The Motion "
+"Picture Patents Company vs. the Independent Outlaws,</quote> 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, <quote>From Edison "
+"to the Broadcast Flag: Mechanisms of Consent and Refusal and the "
+"Propertization of Copyright</quote> (September 2002), University of Chicago "
+"Law School, James M. Olin Program in Law and Economics, Working Paper "
+"No. 159. <placeholder type=\"indexterm\" id=\"0\"/>"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:2896
+#: freeculture.xml:3034
msgid ""
"With the country experiencing a tremendous expansion in the number of "
"nickelodeons, the Patents Company reacted to the independent movement by "
"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.<placeholder "
-"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> "
-"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" "
-"id=\"3\"/>"
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. f3
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2930
+#: freeculture.xml:3067
msgid ""
"Marc Wanamaker, <quote>The First Studios,</quote> <citetitle>The Silents "
"Majority</citetitle>, archived at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2924
+#: freeculture.xml:3061
msgid ""
"The Napsters of those days, the <quote>independents,</quote> were companies "
"like Fox. And no less than today, these independents were vigorously "
#. PAGE BREAK 68
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2940
+#: freeculture.xml:3077
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><part><chapter><section><title>
-#: freeculture.xml:2951
+#: freeculture.xml:3088
msgid "Recorded Music"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3089 freeculture.xml:4252
+msgid "on music recordings"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2953
+#: freeculture.xml:3091
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:2957
+#: freeculture.xml:3094
msgid "Fourneaux, Henri"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:2959
+#: freeculture.xml:3095
msgid "Russel, Phil"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2961
+#: freeculture.xml:3097
msgid ""
"At the time that Edison and Henri Fourneaux invented machines for "
"reproducing music (Edison the phonograph, Fourneaux the player piano), the "
"it publicly."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:2970 freeculture.xml:3118
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3106 freeculture.xml:3244
msgid "Beatles"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2972
+#: freeculture.xml:3108
msgid ""
"But what if I wanted to record <quote>Happy Mose,</quote> using Edison's "
"phonograph or Fourneaux's player piano? Here the law stumbled. It was clear "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2995 freeculture.xml:3012
+#: freeculture.xml:3131 freeculture.xml:3148
msgid "Kittredge, Alfred"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2991
+#: freeculture.xml:3127
msgid ""
"The composers (and publishers) were none too happy about this capacity to "
"pirate. As South Dakota senator Alfred Kittredge put it, <placeholder "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3006
+#: freeculture.xml:3142
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:2999
+#: freeculture.xml:3135
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 "
"id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3152
+msgid "Sousa, John Philip"
+msgstr ""
+
#. f5
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3021
+#: freeculture.xml:3158
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3027
+#: freeculture.xml:3164
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3034
+#: freeculture.xml:3171
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 23 (statement of "
"John Philip Sousa, composer)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3017
+#: freeculture.xml:3154
msgid ""
"The innovators who developed the technology to record other people's works "
"were <quote>sponging upon the toil, the work, the talent, and genius of "
"type=\"footnote\" id=\"2\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3175
+msgid "American Graphophone Company"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3176
+msgid "player pianos"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:3178 freeculture.xml:3179 freeculture.xml:4250 freeculture.xml:4251 freeculture.xml:4334 freeculture.xml:4335 freeculture.xml:6951 freeculture.xml:7040 freeculture.xml:7154 freeculture.xml:7155 freeculture.xml:10276 freeculture.xml:10277 freeculture.xml:10278 freeculture.xml:11056 freeculture.xml:11117 freeculture.xml:12054
+msgid "Congress, U.S."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3178 freeculture.xml:4250 freeculture.xml:4334 freeculture.xml:7040 freeculture.xml:7154 freeculture.xml:10276
+msgid "on copyright laws"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3179 freeculture.xml:4251 freeculture.xml:10278
+msgid "on recording industry"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3180 freeculture.xml:4253 freeculture.xml:10104
+msgid "statutory licenses in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3181
+msgid "statutory license system in"
+msgstr ""
+
#. f8
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3047
+#: freeculture.xml:3191
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3058
+#: freeculture.xml:3202
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared "
"memorandum of Philip Mauro, general patent counsel of the American "
"Graphophone Company Association)."
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3062
-msgid "American Graphophone Company"
-msgstr ""
-
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3039
+#: freeculture.xml:3183
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 "
"are.</quote> <quote>All talk about `theft,'</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><placeholder type=\"footnote\" id=\"1\"/> "
-"<placeholder type=\"indexterm\" id=\"2\"/>"
+"defined by statute.</quote><placeholder type=\"footnote\" id=\"1\"/>"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3207
+msgid "cover songs"
msgstr ""
#. PAGE BREAK 70
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3065
+#: freeculture.xml:3209
msgid ""
"The law soon resolved this battle in favor of the composer "
"<emphasis>and</emphasis> the recording artist. Congress amended the law to "
"so long as they pay the original composer a fee set by the law."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3223
+msgid "compulsory license"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3224 freeculture.xml:4258 freeculture.xml:10103
+msgid "statutory licenses"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3080
+#: freeculture.xml:3226
msgid ""
"American law ordinarily calls this a <quote>compulsory license,</quote> but "
"I will refer to it as a <quote>statutory license.</quote> A statutory "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3095 freeculture.xml:14073
+#: freeculture.xml:3233 freeculture.xml:14853
msgid "Grisham, John"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3088
+#: freeculture.xml:3235
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 "
"publisher permission. Grisham, in turn, is free to charge whatever he wants "
"for that permission. The price to publish Grisham is thus set by Grisham, "
"and copyright law ordinarily says you have no permission to use Grisham's "
-"work except with permission of Grisham. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"work except with permission of Grisham."
msgstr ""
#. f10
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3112
+#: freeculture.xml:3260
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., "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3098
+#: freeculture.xml:3246
msgid ""
"But the law governing recordings gives recording artists less. And thus, in "
"effect, the law <emphasis>subsidizes</emphasis> the recording industry "
"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\"/>"
+"follow-on creativity.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3121
+#: freeculture.xml:3271
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><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3143
+#: freeculture.xml:3293
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><part><chapter><section><blockquote><para>
-#: freeculture.xml:3128
+#: freeculture.xml:3278
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><part><chapter><section><para>
-#: freeculture.xml:3150
+#: freeculture.xml:3304
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><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:3155 freeculture.xml:4256
+#: freeculture.xml:3309 freeculture.xml:4445
msgid "Radio"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3310 freeculture.xml:4257 freeculture.xml:10280
+msgid "radio broadcast and"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3161
+#: freeculture.xml:3313
msgid "Radio was also born of piracy."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3176
+#: freeculture.xml:3328
msgid "Hand, Learned"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3167
+#: freeculture.xml:3319
msgid ""
"See 17 <citetitle>United States Code</citetitle>, sections 106 and 110. At "
"the beginning, record companies printed <quote>Not Licensed for Radio "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3164
+#: freeculture.xml:3316
msgid ""
"When a radio station plays a record on the air, that constitutes a "
"<quote>public performance</quote> of the composer's work.<placeholder "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:3194 freeculture.xml:8803 freeculture.xml:9264 freeculture.xml:12220
+#: freeculture.xml:3346 freeculture.xml:9347 freeculture.xml:9821 freeculture.xml:12902
msgid "Lovett, Lyle"
msgstr ""
#. PAGE BREAK 72
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3184
+#: freeculture.xml:3336
msgid ""
"But when the radio station plays a record, it is not only performing a copy "
"of the <emphasis>composer's</emphasis> work. The radio station is also "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3199
+#: freeculture.xml:3351
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><part><chapter><para><indexterm><primary>
-#: freeculture.xml:3207 freeculture.xml:3714 freeculture.xml:6111
+#: freeculture.xml:3358 freeculture.xml:3865 freeculture.xml:6465 freeculture.xml:6481
msgid "Madonna"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3210
+#: freeculture.xml:3360
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><part><chapter><section><para>
-#: freeculture.xml:3216
+#: freeculture.xml:3366
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3227
+#: freeculture.xml:3378
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><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:3237 freeculture.xml:4262
+#: freeculture.xml:3388 freeculture.xml:4451
msgid "Cable TV"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:3389 freeculture.xml:4272 freeculture.xml:8542 freeculture.xml:8581 freeculture.xml:15255
+msgid "cable television"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3240
+#: freeculture.xml:3391
msgid "Cable TV was also born of a kind of piracy."
msgstr ""
#. PAGE BREAK 73
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3243
+#: freeculture.xml:3394
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:3253
+#: freeculture.xml:3404
msgid "Anello, Douglas"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:3254
+#: freeculture.xml:3405
msgid "Burdick, Quentin"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3255 freeculture.xml:3266
+#: freeculture.xml:3406 freeculture.xml:3417
msgid "Hyde, Rosel H."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3261
+#: freeculture.xml:3412
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3273
+#: freeculture.xml:3424
msgid ""
"Copyright Law Revision—CATV, 116 (statement of Douglas A. Anello, "
"general counsel of the National Association of Broadcasters)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3257
+#: freeculture.xml:3408
msgid ""
"Broadcasters and copyright owners were quick to attack this theft. Rosel "
"Hyde, chairman of the FCC, viewed the practice as a kind of <quote>unfair "
#. f15
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3284
+#: freeculture.xml:3435
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><part><chapter><section><blockquote><para>
-#: freeculture.xml:3280
+#: freeculture.xml:3431
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><part><chapter><section><para>
-#: freeculture.xml:3290
+#: freeculture.xml:3441
msgid "Again, the demand of the copyright holders seemed reasonable enough:"
msgstr ""
#. f16
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3299
+#: freeculture.xml:3450
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><part><chapter><section><blockquote><para>
-#: freeculture.xml:3294
+#: freeculture.xml:3445
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3305 freeculture.xml:3313
+#: freeculture.xml:3456 freeculture.xml:3464
msgid "Heston, Charlton"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3311
+#: freeculture.xml:3462
msgid ""
"Copyright Law Revision—CATV, 209 (statement of Charlton Heston, "
"president of the Screen Actors Guild). <placeholder type=\"indexterm\" "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3307
+#: freeculture.xml:3458
msgid ""
"These were <quote>free-ride[rs],</quote> Screen Actor's Guild president "
"Charlton Heston said, who were <quote>depriving actors of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3318
+#: freeculture.xml:3469
msgid ""
"But again, there was another side to the debate. As Assistant Attorney "
"General Edwin Zimmerman put it,"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary>
-#: freeculture.xml:3334 freeculture.xml:3336
+#: freeculture.xml:3485 freeculture.xml:3487
msgid "Zimmerman, Edwin"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3332
+#: freeculture.xml:3483
msgid ""
"Copyright Law Revision—CATV, 216 (statement of Edwin M. Zimmerman, "
"acting assistant attorney general). <placeholder type=\"indexterm\" "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:3323
+#: freeculture.xml:3474
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><part><chapter><section><para>
-#: freeculture.xml:3340
+#: freeculture.xml:3491
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><part><chapter><section><para>
-#: freeculture.xml:3344
+#: freeculture.xml:3495
msgid ""
"It took Congress almost thirty years before it resolved the question of "
"whether cable companies had to pay for the content they "
#. f19
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3361
+#: freeculture.xml:3514
msgid ""
"See, for example, National Music Publisher's Association, <citetitle>The "
"Engine of Free Expression: Copyright on the Internet—The Myth of Free "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3356
+#: freeculture.xml:3509
msgid ""
-"These separate stories sing a common theme. If <quote>piracy</quote> 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 <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."
+"<emphasis role='strong'>These separate stories</emphasis> sing a common "
+"theme. If <quote>piracy</quote> 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 <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><part><chapter><title>
-#: freeculture.xml:3378
+#: freeculture.xml:3531
msgid "CHAPTER FIVE: <quote>Piracy</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:3380
+#: freeculture.xml:3533
msgid ""
-"There is piracy of copyrighted material. Lots of it. This piracy comes in "
-"many forms. The most significant is commercial piracy, the unauthorized "
-"taking of other people's content within a commercial context. Despite the "
-"many justifications that are offered in its defense, this taking is "
-"wrong. No one should condone it, and the law should stop it."
+"<emphasis role='strong'>There is piracy</emphasis> of copyrighted "
+"material. Lots of it. This piracy comes in many forms. The most significant "
+"is commercial piracy, the unauthorized taking of other people's content "
+"within a commercial context. Despite the many justifications that are "
+"offered in its defense, this taking is wrong. No one should condone it, and "
+"the law should stop it."
msgstr ""
#. PAGE BREAK 76
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:3388
+#: freeculture.xml:3541
msgid ""
"But as well as copy-shop piracy, there is another kind of "
"<quote>taking</quote> that is more directly related to the Internet. That "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:3398
+#: freeculture.xml:3551
msgid "Piracy I"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:3399 freeculture.xml:3478 freeculture.xml:3527 freeculture.xml:14472
+#: freeculture.xml:3552 freeculture.xml:3632 freeculture.xml:3682 freeculture.xml:15257
msgid "Asia, commercial piracy in"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:3553 freeculture.xml:4000 freeculture.xml:9822 freeculture.xml:10677 freeculture.xml:14648 freeculture.xml:15239
+msgid "CDs"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3553
+msgid "foreign piracy of"
+msgstr ""
+
#. f1
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3407
+#: freeculture.xml:3561
msgid ""
"See IFPI (International Federation of the Phonographic Industry), "
"<citetitle>The Recording Industry Commercial Piracy Report 2003</citetitle>, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3401
+#: freeculture.xml:3555
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><part><chapter><section><para>
-#: freeculture.xml:3417
+#: freeculture.xml:3571
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><part><chapter><section><para>
-#: freeculture.xml:3423
+#: freeculture.xml:3577
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><part><chapter><section><para>
-#: freeculture.xml:3432
+#: freeculture.xml:3586
msgid ""
"That excuse isn't terribly strong. Technically, our law did not ban the "
"taking of foreign works. It explicitly limited itself to American "
"legal wrong as well."
msgstr ""
+#. PAGE BREAK 77
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3443
+#: freeculture.xml:3597
msgid ""
"True, these local rules have, in effect, been imposed upon these "
-"countries. No country can be part of the world economy and choose <beginpage "
-"pagenum=\"77\"/> not to protect copyright internationally. We may have been "
-"born a pirate nation, but we will not allow any other nation to have a "
-"similar childhood."
+"countries. No country can be part of the world economy and choose not to "
+"protect copyright internationally. We may have been born a pirate nation, "
+"but we will not allow any other nation to have a similar childhood."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3471
+#: freeculture.xml:3625
msgid "agricultural patents"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3472 freeculture.xml:12509 freeculture.xml:12948 freeculture.xml:12955
+#: freeculture.xml:3626 freeculture.xml:13194 freeculture.xml:13685 freeculture.xml:13692
msgid "Drahos, Peter"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3456
+#: freeculture.xml:3610
msgid ""
"See Peter Drahos with John Braithwaite, Information Feudalism: "
"<citetitle>Who Owns the Knowledge Economy?</citetitle> (New York: The New "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3451
+#: freeculture.xml:3605
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><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3493 freeculture.xml:3761 freeculture.xml:14616
+#: freeculture.xml:3647 freeculture.xml:3921 freeculture.xml:15405
msgid "Liebowitz, Stan"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3486
+#: freeculture.xml:3640
msgid ""
"For an analysis of the economic impact of copying technology, see Stan "
"Liebowitz, <citetitle>Rethinking the Network Economy</citetitle> (New York: "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3480
+#: freeculture.xml:3634
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><part><chapter><section><para>
-#: freeculture.xml:3497
+#: freeculture.xml:3651
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><part><chapter><section><para>
-#: freeculture.xml:3510
+#: freeculture.xml:3665
msgid ""
"This argument is still very weak. However, although copyright is a property "
"right of a very special sort, it <emphasis>is</emphasis> a property "
"means."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:3683 freeculture.xml:15258
+msgid "in Asia"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:3684 freeculture.xml:13505 freeculture.xml:14091
+msgid "free software/open-source software (FS/OSS)"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3540 freeculture.xml:3568 freeculture.xml:11341 freeculture.xml:12829 freeculture.xml:13381
+#: freeculture.xml:3685 freeculture.xml:3715 freeculture.xml:11986 freeculture.xml:13520 freeculture.xml:14147
msgid "GNU/Linux operating system"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3541 freeculture.xml:3571 freeculture.xml:11343 freeculture.xml:12830 freeculture.xml:13382
+#: freeculture.xml:3686 freeculture.xml:3716 freeculture.xml:11988 freeculture.xml:13521 freeculture.xml:14148
msgid "Linux operating system"
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3543
-msgid "Microsoft"
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3687
+msgid "competitive strategies of"
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><indexterm><secondary>
-#: freeculture.xml:3544
-msgid "Windows operating system of"
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3688
+msgid "Windows"
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3546
-msgid "Windows"
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3689
+msgid "international software piracy of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:3690
+msgid "Windows operating system of"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3529
+#: freeculture.xml:3692
msgid ""
"Finally, we could try to excuse this piracy with the argument that the "
"piracy actually helps the copyright owner. When the Chinese "
"Microsoft, Microsoft benefits from the piracy. If instead of pirating "
"Microsoft Windows, the Chinese used the free GNU/Linux operating system, "
"then these Chinese users would not eventually be buying Microsoft. Without "
-"piracy, then, Microsoft would lose. <placeholder type=\"indexterm\" "
-"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
-"type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/>"
+"piracy, then, Microsoft would lose."
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:3704 freeculture.xml:4738 freeculture.xml:4962 freeculture.xml:6449 freeculture.xml:6525 freeculture.xml:6658 freeculture.xml:7069 freeculture.xml:14179
+msgid "law"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:3704 freeculture.xml:14179
+msgid "databases of case reports in"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3549
+#: freeculture.xml:3706
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, "
"lawyers (and must pay high subscription fees)."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:3569
-msgid "Internet Explorer"
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3713
+msgid "Netscape"
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:3570
-msgid "Netscape"
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3714
+msgid "Internet Explorer"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3557
+#: freeculture.xml:3718
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 "
"fight Netscape. A property right means giving the property owner the right "
"to say who gets access to what—at least ordinarily. And if the law "
"properly balances the rights of the copyright owner with the rights of "
-"access, then violating the law is still wrong. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> "
-"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" "
-"id=\"3\"/>"
+"access, then violating the law is still wrong."
msgstr ""
#. PAGE BREAK 79
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3575
+#: freeculture.xml:3732
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><part><chapter><section><para>
-#: freeculture.xml:3585
+#: freeculture.xml:3742
msgid ""
"But as the examples from the four chapters that introduced this part "
"suggest, even if some piracy is plainly wrong, not all <quote>piracy</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3594
+#: freeculture.xml:3751
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><part><chapter><section><para>
-#: freeculture.xml:3600
+#: freeculture.xml:3757
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><part><chapter><section><para>
-#: freeculture.xml:3606
+#: freeculture.xml:3763
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><part><chapter><section><title>
-#: freeculture.xml:3612
+#: freeculture.xml:3769
msgid "Piracy II"
msgstr ""
#. f4
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3617
+#: freeculture.xml:3774
msgid ""
"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 "
"Eng. Rep. 1274 (1777)."
#. PAGE BREAK 80
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3614
+#: freeculture.xml:3771
msgid ""
"The key to the <quote>piracy</quote> that the law aims to quash is a use "
"that <quote>rob[s] the author of [his] profit.</quote><placeholder "
"either prevent it or find an alternative to assure the author of his profit."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:3640 freeculture.xml:8228
-msgid "Christensen, Clayton M."
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3782 freeculture.xml:3790 freeculture.xml:9752
+msgid "innovation"
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3631
-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\"/>"
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3783
+msgid "Fanning, Shawn"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3643
-msgid "Fanning, Shawn"
+#: freeculture.xml:3800 freeculture.xml:8775
+msgid "Christensen, Clayton M."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para><footnote><para>
+#: freeculture.xml:3790
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> 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=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3626
+#: freeculture.xml:3785
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 "
"every great advance in innovation on the Internet (and, arguably, off the "
"Internet as well<placeholder type=\"footnote\" id=\"0\"/>), Shawn Fanning "
"and crew had simply put together components that had been developed "
-"independently. <placeholder type=\"indexterm\" id=\"1\"/>"
+"independently."
msgstr ""
#. f6
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3651
+#: freeculture.xml:3810
msgid ""
"See Carolyn Lochhead, <quote>Silicon Valley Dream, Hollywood "
"Nightmare,</quote> <citetitle>San Francisco Chronicle</citetitle>, 24 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3646
+#: freeculture.xml:3805
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3673
+#: freeculture.xml:3832
msgid ""
"See Ipsos-Insight, <citetitle>TEMPO: Keeping Pace with Online Music "
"Distribution</citetitle> (September 2002), reporting that 28 percent of "
#. f8
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3682
+#: freeculture.xml:3841
msgid ""
"Amy Harmon, <quote>Industry Offers a Carrot in Online Music Fight,</quote> "
"<citetitle>New York Times</citetitle>, 6 June 2003, A1."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3667
+#: freeculture.xml:3826
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3691
+#: freeculture.xml:3850
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><part><chapter><section><para>
-#: freeculture.xml:3701
+#: freeculture.xml:3860
msgid ""
"File sharers share different kinds of content. We can divide these different "
"kinds into four types."
msgstr ""
+#. A.
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:3707
+#: freeculture.xml:3868
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, "
"takes it would actually have bought it if sharing didn't make it available "
"for free. Most probably wouldn't have, but clearly there are some who "
"would. The latter are the target of category A: users who download instead "
-"of purchasing. <placeholder type=\"indexterm\" id=\"0\"/>"
+"of purchasing."
msgstr ""
#. B.
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:3718
+#: freeculture.xml:3878
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><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:3729
+#: freeculture.xml:3889
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><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:3746
+#: freeculture.xml:3906
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><part><chapter><section><para>
-#: freeculture.xml:3752
+#: freeculture.xml:3912
msgid "How do these different types of sharing balance out?"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3760
+#: freeculture.xml:3920
msgid ""
"See Liebowitz, <citetitle>Rethinking the Network Economy</citetitle>, "
"148–49. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3755
+#: freeculture.xml:3915
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><part><chapter><section><para>
-#: freeculture.xml:3771
+#: freeculture.xml:3931
msgid ""
"Whether on balance sharing is harmful depends importantly on how harmful "
"type A sharing is. Just as Edison complained about Hollywood, composers "
"<quote>devastating</quote> the industry."
msgstr ""
-#. f10
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:3938 freeculture.xml:3947 freeculture.xml:4304 freeculture.xml:8341 freeculture.xml:8370 freeculture.xml:10101 freeculture.xml:14965
+msgid "cassette recording"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:3938 freeculture.xml:4304 freeculture.xml:8341 freeculture.xml:8370 freeculture.xml:10101 freeculture.xml:10102 freeculture.xml:14965 freeculture.xml:14966
+msgid "VCRs"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3786
-msgid ""
-"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 <quote>Home taping is killing "
-"music.</quote> 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 "
+#: freeculture.xml:3947
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> 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 <quote>Home taping is killing music.</quote> 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><part><chapter><section><para>
-#: freeculture.xml:3779
+#: freeculture.xml:3940
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 "
"the answer."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3965
+msgid "MTV"
+msgstr ""
+
#. f11
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3812
+#: freeculture.xml:3975
msgid "U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3804
+#: freeculture.xml:3967
msgid ""
"Yet soon thereafter, and before Congress was given an opportunity to enact "
"regulation, MTV was launched, and the industry had a record "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3816
+#: freeculture.xml:3980
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3826
+#: freeculture.xml:3990
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 "
"little <emphasis>static</emphasis> reason to resist them."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:4000
+msgid "sales levels of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3837
+#: freeculture.xml:4002
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3846
+#: freeculture.xml:4011
msgid ""
"See Recording Industry Association of America, <citetitle>2002 Yearend "
"Statistics</citetitle>, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3873
+#: freeculture.xml:4038
msgid "Black, Jane"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3870
+#: freeculture.xml:4035
msgid ""
"Jane Black, <quote>Big Music's Broken Record,</quote> BusinessWeek online, "
"13 February 2003, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3842
+#: freeculture.xml:4007
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 "
#. PAGE BREAK 84
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3888
+#: freeculture.xml:4053
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><part><chapter><section><para>
-#: freeculture.xml:3896
+#: freeculture.xml:4061
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><part><chapter><section><para>
-#: freeculture.xml:3911
+#: freeculture.xml:4077
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3923
+#: freeculture.xml:4089
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><part><chapter><section><para>
-#: freeculture.xml:3917
+#: freeculture.xml:4083
msgid ""
"One benefit is type C sharing—making available content that is "
"technically still under copyright but is no longer commercially available. "
"<emphasis>to the company</emphasis> to make it available."
msgstr ""
-#. f16
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:4102 freeculture.xml:4110 freeculture.xml:4132 freeculture.xml:4154 freeculture.xml:4662 freeculture.xml:6119 freeculture.xml:6124 freeculture.xml:6176 freeculture.xml:7140 freeculture.xml:7141 freeculture.xml:7527 freeculture.xml:7601 freeculture.xml:7885 freeculture.xml:14351 freeculture.xml:15077 freeculture.xml:15078
+msgid "books"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:4102 freeculture.xml:4110 freeculture.xml:7140 freeculture.xml:15078
+msgid "resales of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3943
+#: freeculture.xml:4110
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, <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, <quote>2002 Annual Survey "
-"Results,</quote> available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #20</ulink>."
+"<placeholder type=\"indexterm\" id=\"0\"/> 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, <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, <quote>2002 Annual Survey Results,</quote> "
+"available at <ulink url=\"http://free-culture.cc/notes/\">link #20</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3937
+#: freeculture.xml:4104
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:3963
+#: freeculture.xml:4131
msgid "Bernstein, Leonard"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:4132 freeculture.xml:6119 freeculture.xml:6124 freeculture.xml:7141 freeculture.xml:15077
+msgid "out of print"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3965
+#: freeculture.xml:4134
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><part><chapter><section><para>
-#: freeculture.xml:3978
+#: freeculture.xml:4147
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 "
"well?"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:4154 freeculture.xml:14351
+msgid "free on-line releases of"
+msgstr ""
+
#. PAGE BREAK 86
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3986
+#: freeculture.xml:4156
msgid ""
"Finally, and perhaps most importantly, file-sharing networks enable type D "
"sharing to occur—the sharing of content that copyright owners want to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4003
+#: freeculture.xml:4174
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><part><chapter><section><para>
-#: freeculture.xml:4009
+#: freeculture.xml:4180
msgid ""
"The point throughout is this: While the recording industry understandably "
"says, <quote>This is how much we've lost,</quote> we must also ask, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4016
+#: freeculture.xml:4187
msgid ""
"For unlike the piracy I described in the first section of this chapter, much "
"of the <quote>piracy</quote> that file sharing enables is plainly legal and "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4030
+#: freeculture.xml:4201
msgid ""
"<quote>But isn't the war just a war against illegal sharing? Isn't the "
"target just what you call type A sharing?</quote>"
#. f17
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4047
+#: freeculture.xml:4218
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4034
+#: freeculture.xml:4205
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><part><chapter><section><para>
-#: freeculture.xml:4058
+#: freeculture.xml:4229
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><part><chapter><section><para>
-#: freeculture.xml:4069
+#: freeculture.xml:4240
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 "
"less."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:4249
+msgid "composers, copyright protections of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:4254
+msgid "music recordings played on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:4256
+msgid "copyright protections in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:4259
+msgid "composer's rights vs. producers' rights in"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4082
+#: freeculture.xml:4261
msgid ""
"So, as we've seen, when <quote>mechanical reproduction</quote> threatened "
"the interests of composers, Congress balanced the rights of composers "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4094
+#: freeculture.xml:4274
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><part><chapter><section><para>
-#: freeculture.xml:4104
+#: freeculture.xml:4285
msgid ""
"This compromise, like the compromise affecting records and player pianos, "
"served two important goals—indeed, the two central goals of any "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:4119
+#: freeculture.xml:4303
msgid "Betamax"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4121
+#: freeculture.xml:4306
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><part><chapter><section><para>
-#: freeculture.xml:4134
+#: freeculture.xml:4320
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 "
"wanted to hold it responsible for the architecture it chose."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:4335
+msgid "on VCR technology"
+msgstr ""
+
#. f18
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4156
+#: freeculture.xml:4344
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4168
+#: freeculture.xml:4356
msgid "Copyright Infringements (Audio and Video Recorders), 475."
msgstr ""
#. f20
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4173
+#: freeculture.xml:4361
msgid ""
"<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony "
"Corp. of America</citetitle>, 480 F. Supp. 429, (C.D. Cal., 1979)."
#. f21
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4184
+#: freeculture.xml:4372
msgid ""
"Copyright Infringements (Audio and Video Recorders), 485 (testimony of Jack "
"Valenti)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4149
+#: freeculture.xml:4337
msgid ""
"MPAA president Jack Valenti became the studios' most vocal champion. Valenti "
"called VCRs <quote>tapeworms.</quote> He warned, <quote>When there are 20, "
"by the hundreds of millions of tapings that will adversely impact on the "
"future of the creative community in this country. It is simply a question of "
"basic economics and plain common sense.</quote><placeholder "
-"type=\"footnote\" id=\"1\"/> Indeed, as surveys would later show, percent of "
-"VCR owners had movie libraries of ten videos or more<placeholder "
+"type=\"footnote\" id=\"1\"/> Indeed, as surveys would later show, 45 percent "
+"
of VCR owners had movie libraries of ten videos or more<placeholder "
"type=\"footnote\" id=\"2\"/> — a use the Court would later hold was "
"not <quote>fair.</quote> By <quote>allowing VCR owners to copy freely by the "
-"means of an exemption from copyright infringementwithout creating a "
-"mechanism to compensate copyrightowners,</quote> Valenti testified, Congress "
-"would <quote>take from the owners the very essence of their property: the "
-"exclusive right to control who may use their work, that is, who may copy it "
-"and thereby profit from its reproduction.</quote><placeholder "
-"type=\"footnote\" id=\"3\"/>"
+"means of an exemption from copyright infringement without creating a "
+"mechanism to compensate copyright owners,</quote> Valenti testified, "
+"Congress would <quote>take from the owners the very essence of their "
+"property: the exclusive right to control who may use their work, that is, "
+"who may copy it and thereby profit from its "
+"reproduction.</quote><placeholder type=\"footnote\" id=\"3\"/>"
msgstr ""
#. f22
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4201
+#: freeculture.xml:4389
msgid ""
"<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><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:4204
+#: freeculture.xml:4392
msgid "Kozinski, Alex"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4189
+#: freeculture.xml:4377
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 "
#. PAGE BREAK 90
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4207
+#: freeculture.xml:4395
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><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:4226
+#: freeculture.xml:4414
msgid ""
"<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City "
"Studios, Inc</citetitle>., 464 U.S. 417, 431 (1984)."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:4216
+#: freeculture.xml:4404
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><part><chapter><section><para>
-#: freeculture.xml:4231
+#: freeculture.xml:4420
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><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:4242
+#: freeculture.xml:4431
msgid "CASE"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:4243
+#: freeculture.xml:4432
msgid "WHOSE VALUE WAS <quote>PIRATED</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:4244
+#: freeculture.xml:4433
msgid "RESPONSE OF THE COURTS"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:4245
+#: freeculture.xml:4434
msgid "RESPONSE OF CONGRESS"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4250
+#: freeculture.xml:4439
msgid "Recordings"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4251
+#: freeculture.xml:4440
msgid "Composers"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4252 freeculture.xml:4264 freeculture.xml:4270
+#: freeculture.xml:4441 freeculture.xml:4453 freeculture.xml:4459
msgid "No protection"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4253 freeculture.xml:4265
+#: freeculture.xml:4442 freeculture.xml:4454
msgid "Statutory license"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4257
+#: freeculture.xml:4446
msgid "Recording artists"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4258
+#: freeculture.xml:4447
msgid "N/A"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4259 freeculture.xml:4271
+#: freeculture.xml:4448 freeculture.xml:4460
msgid "Nothing"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4263
+#: freeculture.xml:4452
msgid "Broadcasters"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4268
+#: freeculture.xml:4457
msgid "VCR"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4269
+#: freeculture.xml:4458
msgid "Film creators"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4281
+#: freeculture.xml:4470
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 "
"Lessig, <citetitle>Future</citetitle>, 71. See also Picker, <quote>From "
"Edison to the Broadcast Flag,</quote> <citetitle>University of Chicago Law "
"Review</citetitle> 70 (2003): 293–96. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4278
+#: freeculture.xml:4467
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><part><chapter><section><para>
-#: freeculture.xml:4298
+#: freeculture.xml:4488
msgid ""
"In <emphasis>none</emphasis> of these cases did either the courts or "
"Congress eliminate all free riding. In <emphasis>none</emphasis> of these "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4310
+#: freeculture.xml:4501
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 "
"every cover band have to hire a lawyer to get permission to record a song?"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:4512
+msgid "on balance of interests in copyright law"
+msgstr ""
+
#. f25
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4327
+#: freeculture.xml:4519
msgid ""
"<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City "
"Studios, Inc</citetitle>., 464 U.S. 417, (1984)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4322
+#: freeculture.xml:4514
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4338
+#: freeculture.xml:4530
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4362
+#: freeculture.xml:4554
msgid ""
"John Schwartz, <quote>New Economy: The Attack on Peer-to-Peer Software "
"Echoes Past Efforts,</quote> <citetitle>New York Times</citetitle>, 22 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4354
+#: freeculture.xml:4546
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 "
"develop, they could make the network vastly more efficient. Yet these "
"<quote>potential public benefits,</quote> as John Schwartz writes in "
"<citetitle>The New York Times</citetitle>, <quote>could be delayed in the "
-"P2P fight.</quote><placeholder type=\"footnote\" id=\"0\"/> Yet when anyone "
-"begins to talk about <quote>balance,</quote> the copyright warriors raise a "
-"different 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 "
-"`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>"
+"P2P fight.</quote><placeholder type=\"footnote\" id=\"0\"/>"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para>
+#: freeculture.xml:4559
+msgid ""
+"<emphasis role='strong'>Yet when anyone</emphasis> begins to talk about "
+"<quote>balance,</quote> the copyright warriors raise a different "
+"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 `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>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4376
+#: freeculture.xml:4571
msgid ""
"<quote>It is <emphasis>our property</emphasis>,</quote> the warriors "
"insist. <quote>And it should be protected just as any other property is "
msgstr ""
#. type: Content of: <book><part><title>
-#: freeculture.xml:4385
+#: freeculture.xml:4580
msgid "<quote>PROPERTY</quote>"
msgstr ""
#. PAGE BREAK 94
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4390
+#: freeculture.xml:4585
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 "
-"copyright owner gets to hold out for any price he wants. Markets reckon the "
-"supply and demand that partially determine the price she can get."
+"<emphasis role='strong'>The copyright warriors</emphasis> are right: A "
+"copyright is a kind of property. It can be owned and sold, and the law "
+"protects against its theft. Ordinarily, the copyright owner gets to hold out "
+"for any price he wants. Markets reckon the supply and demand that partially "
+"determine the price she can get."
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4397
+#: freeculture.xml:4592
msgid ""
"But in ordinary language, to call a copyright a <quote>property</quote> "
"right is a bit misleading, for the property of copyright is an odd kind of "
"it in my backyard? What is the thing I am taking then?"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:4603 freeculture.xml:6410 freeculture.xml:14338
+msgid "Jefferson, Thomas"
+msgstr ""
+
#. f1
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:4422
+#: freeculture.xml:4618
msgid ""
"Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in "
"<citetitle>The Writings of Thomas Jefferson</citetitle>, vol. 6 (Andrew "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4409
+#: freeculture.xml:4605
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 "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><partintro><indexterm><secondary>
+#: freeculture.xml:4623
+msgid "intangibility of"
+msgstr ""
+
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4428
+#: freeculture.xml:4625
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><part><partintro><para><footnote><para>
-#: freeculture.xml:4441
+#: freeculture.xml:4638
msgid ""
"As the legal realists taught American law, all property rights are "
"intangible. A property right is simply a right that an individual has "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4436
+#: freeculture.xml:4633
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><part><partintro><para>
-#: freeculture.xml:4451
+#: freeculture.xml:4648
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 <quote>copyright material "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:4464
+#: freeculture.xml:4661
msgid "CHAPTER SIX: Founders"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:4662
+msgid "English copyright law developed for"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4665
+msgid "England, copyright laws developed in"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:4666 freeculture.xml:13879
+msgid "United Kingdom"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:4666
+msgid "history of copyright law in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4667 freeculture.xml:4837
+msgid "Branagh, Kenneth"
+msgstr ""
+
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:4465
+#: freeculture.xml:4668
msgid "Henry V"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4670 freeculture.xml:4802
+msgid "Romeo and Juliet (Shakespeare)"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4467
+#: freeculture.xml:4672
msgid ""
-"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: "
-"<quote>I liked it, but Shakespeare is so full of clichés.</quote>"
+"<emphasis role='strong'>William Shakespeare</emphasis> 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: <quote>I liked it, "
+"but Shakespeare is so full of clichés.</quote>"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4683 freeculture.xml:4767 freeculture.xml:4876 freeculture.xml:5009
+msgid "Conger"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4684
+msgid "Tonson, Jacob"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:4690
+msgid "Jonson, Ben"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:4691
+msgid "Dryden, John"
msgstr ""
-#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4482
-msgid ""
-"Jacob Tonson is typically remembered for his associations with prominent "
-"eighteenth-century literary figures, especially John Dryden, and for his "
-"handsome <quote>definitive editions</quote> 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, <quote>Jacob Tonson, Bookseller,</quote> "
+#: freeculture.xml:4690
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> Jacob Tonson is typically remembered for his associations with "
+"prominent eighteenth-century literary figures, especially John Dryden, and "
+"for his handsome <quote>definitive editions</quote> 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, <quote>Jacob Tonson, Bookseller,</quote> "
"<citetitle>American Scholar</citetitle> 61:3 (1992): 424–31."
msgstr ""
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4493
+#: freeculture.xml:4703
msgid ""
"Lyman Ray Patterson, <citetitle>Copyright in Historical "
"Perspective</citetitle> (Nashville: Vanderbilt University Press, 1968), "
#. PAGE BREAK 97
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4478
+#: freeculture.xml:4686
msgid ""
"In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was "
"written, the <quote>copy-right</quote> for the work was still thought by "
"competition to produce better or cheaper editions was eliminated."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4715 freeculture.xml:4768 freeculture.xml:4908 freeculture.xml:5089 freeculture.xml:5245
+msgid "British Parliament"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:4717 freeculture.xml:7078
+msgid "renewability of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:4718 freeculture.xml:4770 freeculture.xml:4814 freeculture.xml:4921 freeculture.xml:5008 freeculture.xml:7068
+msgid "Statute of Anne (1710)"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4515
+#: freeculture.xml:4729
msgid ""
-"As Siva Vaidhyanathan nicely argues, it is erroneous to call this a "
-"<quote>copyright law.</quote> See Vaidhyanathan, <citetitle>Copyrights and "
-"Copywrongs</citetitle>, 40. <placeholder type=\"indexterm\" id=\"0\"/>"
+"<placeholder type=\"indexterm\" id=\"0\"/> As Siva Vaidhyanathan nicely "
+"argues, it is erroneous to call this a <quote>copyright law.</quote> See "
+"Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 40."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4506
+#: freeculture.xml:4720
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 "
"about it still being under Tonson's control in 1774?"
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4532
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:4738 freeculture.xml:4962
+msgid "common vs. positive"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4739 freeculture.xml:4963
+msgid "positive law"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4740
msgid "Licensing Act (1662)"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4523
+#: freeculture.xml:4742
msgid ""
"The reason is that the English hadn't yet agreed on what a "
"<quote>copyright</quote> was—indeed, no one had. At the time the "
"had expired in 1695. That law gave publishers a monopoly over publishing, as "
"a way to make it easier for the Crown to control what was published. But "
"after it expired, there was no positive law that said that the publishers, "
-"or <quote>Stationers,</quote> had an exclusive right to print books. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"or <quote>Stationers,</quote> had an exclusive right to print books."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4753 freeculture.xml:4961 freeculture.xml:5032 freeculture.xml:5132
+msgid "common law"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4535
+#: freeculture.xml:4755
msgid ""
"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 "
"independent of any positive law."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4769 freeculture.xml:4998 freeculture.xml:5106 freeculture.xml:5184
+msgid "Scottish publishers"
+msgstr ""
+
#. PAGE BREAK 98
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4547
+#: freeculture.xml:4772
msgid ""
"This question was important to the publishers, or "
"<quote>booksellers,</quote> as they were called, because there was growing "
"publishing. That demand ultimately resulted in the Statute of Anne."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:4783
+msgid "as narrow monopoly right"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4559
+#: freeculture.xml:4785
msgid ""
"The Statute of Anne granted the author or <quote>proprietor</quote> of a "
"book an exclusive right to print that book. In an important limitation, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4568
+#: freeculture.xml:4795
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4574
+#: freeculture.xml:4804
msgid ""
"For the booksellers, and the authors whom they represented, had a very "
"strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4585
+#: freeculture.xml:4816
msgid ""
"The answer comes in two parts. We first need to see something special about "
"the notion of <quote>copyright</quote> that existed at the time of the "
"<quote>booksellers.</quote>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:4821 freeculture.xml:7593 freeculture.xml:7760
+msgid "usage restrictions attached to"
+msgstr ""
+
#. PAGE BREAK 99
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4591
+#: freeculture.xml:4823
msgid ""
"First, about copyright. In the last three hundred years, we have come to "
"apply the concept of <quote>copyright</quote> ever more broadly. But in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4606
+#: freeculture.xml:4840
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><part><chapter><indexterm><primary>
-#: freeculture.xml:4615
+#: freeculture.xml:4849
msgid "Henry VIII, King of England"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4850
+msgid "monopoly, copyright as"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4851
+msgid "Statute of Monopolies (1656)"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4617
+#: freeculture.xml:4853
msgid ""
"Even that limited right was viewed with skepticism by the British. They had "
"had a long and ugly experience with <quote>exclusive rights,</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4630
+#: freeculture.xml:4866
msgid ""
"Thus the <quote>copy-right,</quote> when viewed as a monopoly right, was "
"naturally viewed as a right that should be limited. (However convincing the "
"specialinterest favors; they passed a law to stop them."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4874 freeculture.xml:5167
+msgid "Milton, John"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4875
+msgid "booksellers, English"
+msgstr ""
+
#. f4
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4654
+#: freeculture.xml:4894
msgid ""
"Philip Wittenberg, <citetitle>The Protection and Marketing of Literary "
"Property</citetitle> (New York: J. Messner, Inc., 1937), 31."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4639
+#: freeculture.xml:4879
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. "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4898
+msgid "Enlightenment"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4899
+msgid "knowledge, freedom of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4659
+#: freeculture.xml:4901
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><part><chapter><para>
-#: freeculture.xml:4667
+#: freeculture.xml:4910
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 "
"culture."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:4923 freeculture.xml:5058 freeculture.xml:5152 freeculture.xml:11081
+msgid "in perpetuity"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4679
+#: freeculture.xml:4925
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><part><chapter><para>
-#: freeculture.xml:4688
+#: freeculture.xml:4934
msgid ""
"Parliament rejected their requests. As one pamphleteer put it, in words that "
"echo today,"
#. f5
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:4703
+#: freeculture.xml:4949
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 "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:4693
+#: freeculture.xml:4939
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><part><chapter><para>
-#: freeculture.xml:4714
+#: freeculture.xml:4965
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 "
"the only way to protect authors."
msgstr ""
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:4987 freeculture.xml:4997 freeculture.xml:5040
+msgid "Patterson, Raymond"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4735
+#: freeculture.xml:4987
msgid ""
-"Lyman Ray Patterson, <quote>Free Speech, Copyright, and Fair Use,</quote> "
-"<citetitle>Vanderbilt Law Review</citetitle> 40 (1987): 28. For a "
-"wonderfully compelling account, see Vaidhyanathan, 37–48. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> Lyman Ray Patterson, <quote>Free Speech, Copyright, and Fair "
+"Use,</quote> <citetitle>Vanderbilt Law Review</citetitle> 40 (1987): 28. For "
+"a wonderfully compelling account, see Vaidhyanathan, 37–48."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4729
+#: freeculture.xml:4981
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 "
"monopoly profit that the author's work gave."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4996 freeculture.xml:5105
+msgid "Donaldson, Alexander"
+msgstr ""
+
#. f7
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4748
+#: freeculture.xml:5004
msgid ""
"For a compelling account, see David Saunders, <citetitle>Authorship and "
"Copyright</citetitle> (London: Routledge, 1992), 62–69."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4744
+#: freeculture.xml:5000
msgid ""
"The booksellers' argument was not accepted without a fight. The hero of "
"this fight was a Scottish bookseller named Alexander Donaldson.<placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5010
+msgid "Boswell, James"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5011
+msgid "Erskine, Andrew"
+msgstr ""
+
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:4760 freeculture.xml:14707
+#: freeculture.xml:5020 freeculture.xml:15501
msgid "Rose, Mark"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4758
+#: freeculture.xml:5018
msgid ""
"Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard "
"University Press, 1993), 92. <placeholder type=\"indexterm\" id=\"0\"/>"
#. f9
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4769
+#: freeculture.xml:5029
msgid "Ibid., 93."
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4771
-msgid "Boswell, James"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4772
-msgid "Erskine, Andrew"
-msgstr ""
-
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4753
+#: freeculture.xml:5013
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 "
"center for literary Scotsmen.</quote> <quote>[A]mong them,</quote> Professor "
"Mark Rose writes, was <quote>the young James Boswell who, together with his "
"friend Andrew Erskine, published an anthology of contemporary Scottish poems "
-"with Donaldson.</quote><placeholder type=\"footnote\" id=\"1\"/> "
-"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" "
-"id=\"3\"/>"
+"with Donaldson.</quote><placeholder type=\"footnote\" id=\"1\"/>"
msgstr ""
-#. f10
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4781
+#: freeculture.xml:5040
msgid ""
-"Lyman Ray Patterson, <citetitle>Copyright in Historical "
-"Perspective</citetitle>, 167 (quoting Borwell)."
+"<placeholder type=\"indexterm\" id=\"0\"/> Lyman Ray Patterson, "
+"<citetitle>Copyright in Historical Perspective</citetitle>, 167 (quoting "
+"Borwell)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4775
+#: freeculture.xml:5034
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 "
"the Statute of Anne, the works he was selling had passed out of protection."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5049
+msgid "Millar v. Taylor"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4789
+#: freeculture.xml:5051
msgid ""
"The London booksellers quickly brought suit to block <quote>piracy</quote> "
"like Donaldson's. A number of actions were successful against the "
"<citetitle>Millar</citetitle> v. <citetitle>Taylor</citetitle>."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5057 freeculture.xml:5111
+msgid "Thomson, James"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5059
+msgid "Seasons, The (Thomson)"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5060
+msgid "Taylor, Robert"
+msgstr ""
+
#. f11
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4801
+#: freeculture.xml:5069
msgid ""
"Howard B. Abrams, <quote>The Historic Foundation of American Copyright Law: "
"Exploding the Myth of Common Law Copyright,</quote> <citetitle>Wayne Law "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4794
+#: freeculture.xml:5062
msgid ""
"Millar was a bookseller who in 1729 had purchased the rights to James "
"Thomson's poem <quote>The Seasons.</quote> Millar complied with the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4810
+#: freeculture.xml:5076
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><part><chapter><para>
-#: freeculture.xml:4821
+#: freeculture.xml:5091
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><part><chapter><para>
-#: freeculture.xml:4836
+#: freeculture.xml:5108
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><part><chapter><indexterm><primary>
-#: freeculture.xml:4839
+#: freeculture.xml:5112
msgid "Beckett, Thomas"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5113 freeculture.xml:5220
+msgid "House of Lords"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:5114
+msgid "House of Lords vs."
+msgstr ""
+
#. f12
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4845
+#: freeculture.xml:5120
msgid "Ibid., 1156."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4841
+#: freeculture.xml:5116
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 "
"years before."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5131
+msgid "Donaldson v. Beckett"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4855
+#: freeculture.xml:5134
msgid ""
"As few legal cases ever do, <citetitle>Donaldson</citetitle> "
"v. <citetitle>Beckett</citetitle> drew an enormous amount of attention "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4865
+#: freeculture.xml:5145
msgid ""
"The House of Lords was an odd institution. Legal questions were presented to "
"the House and voted upon first by the <quote>law lords,</quote> members of "
"voted."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:5153 freeculture.xml:5221
+msgid "English legal establishment of"
+msgstr ""
+
#. PAGE BREAK 104
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4872
+#: freeculture.xml:5155
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 "
"domain."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:4890
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5164
msgid "Bacon, Francis"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:4891
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5165
msgid "Bunyan, John"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:4892
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5166
msgid "Johnson, Samuel"
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4893
-msgid "Milton, John"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4894
-msgid "Shakespeare, William"
-msgstr ""
-
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4882
+#: freeculture.xml:5170
msgid ""
"<quote>The public domain.</quote> Before the case of "
"<citetitle>Donaldson</citetitle> v. <citetitle>Beckett</citetitle>, there "
"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\"/>"
+"Bunyan—were free of legal restraint."
msgstr ""
#. f13
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4907
+#: freeculture.xml:5196
msgid "Rose, 97."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4897
+#: freeculture.xml:5186
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4911
+#: freeculture.xml:5201
msgid ""
"In London, however, at least among publishers, the reaction was equally "
"strong in the opposite direction. The <citetitle>Morning "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:4917
+#: freeculture.xml:5207
msgid ""
"By the above decision … near 200,000 pounds worth of what was "
"honestly purchased at public sale, and which was yesterday thought property "
#. PAGE BREAK 105
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4932
+#: freeculture.xml:5224
msgid ""
"<quote>Ruined</quote> is a bit of an exaggeration. But it is not an "
"exaggeration to say that the change was profound. The decision of the House "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4953
+#: freeculture.xml:5247
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><part><chapter><title>
-#: freeculture.xml:4961
+#: freeculture.xml:5264
msgid "CHAPTER SEVEN: Recorders"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:5265 freeculture.xml:7562 freeculture.xml:7681 freeculture.xml:7740
+msgid "fair use and"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5266
+msgid "documentary film"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5267
+msgid "Else, Jon"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:5268 freeculture.xml:5415 freeculture.xml:7561 freeculture.xml:7603 freeculture.xml:7680 freeculture.xml:7742
+msgid "fair use"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:5268
+msgid "in documentary film"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:5269
+msgid "fair use of copyrighted material in"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4963
+#: freeculture.xml:5271
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 "
-"myself, I envy the loyalty and admiration that his students feel for him. (I "
-"met, by accident, two of his students at a dinner party. He was their god.)"
+"<emphasis role='strong'>Jon Else</emphasis> 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 myself, I envy the loyalty and "
+"admiration that his students feel for him. (I met, by accident, two of his "
+"students at a dinner party. He was their god.)"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4970
+#: freeculture.xml:5278
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><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4981 freeculture.xml:5050
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5282 freeculture.xml:5348
+msgid "Wagner, Richard"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5283 freeculture.xml:5362
msgid "San Francisco Opera"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4975
+#: freeculture.xml:5285
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 "
"particularly funny and colorful element of an opera. During a show, they "
"hang out below the stage in the grips' lounge and in the lighting loft. They "
-"make a perfect contrast to the art on the stage. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"make a perfect contrast to the art on the stage."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5292
+msgid "Simpsons, The"
msgstr ""
#. PAGE BREAK 107
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4984
+#: freeculture.xml:5294
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 "
"the scene."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:5303
+msgid "multiple copyrights associated with"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4993
+#: freeculture.xml:5305
msgid ""
"Years later, when he finally got funding to complete the film, Else "
"attempted to clear the rights for those few seconds of <citetitle>The "
"applies."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5005 freeculture.xml:5013
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5311
msgid "Gracie Films"
msgstr ""
+#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary>
+#: freeculture.xml:5312 freeculture.xml:5373 freeculture.xml:5437
+msgid "Groening, Matt"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5000
+#: freeculture.xml:5314
msgid ""
"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\"/>"
+"told Else to contact Gracie Films, the company that produces the program."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary>
+#: freeculture.xml:5320 freeculture.xml:5372 freeculture.xml:5436
+msgid "Fox (film company)"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5008
+#: freeculture.xml:5322
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 "
"called Fox and told them about the clip in the corner of the one room shot "
"of the film. Matt Groening had already given permission, Else said. He was "
-"just confirming the permission with Fox. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"just confirming the permission with Fox."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5016
+#: freeculture.xml:5330
msgid ""
"Then, as Else told me, <quote>two things happened. First we discovered "
"… that Matt Groening doesn't own his own creation—or at least "
"<citetitle>Simpsons</citetitle> which was in the corner of the shot.</quote>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5339
+msgid "Herrera, Rebecca"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5024
+#: freeculture.xml:5341
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><part><chapter><para>
-#: freeculture.xml:5032
+#: freeculture.xml:5350
msgid ""
"<quote>I wanted to make sure I had my facts straight,</quote> he told "
"me. <quote>Yes, you have your facts straight,</quote> she said. It would "
"on, <quote>They don't give a shit. They just want the money.</quote>"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5051
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5363
msgid "Day After Trinity, The"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5044
+#: freeculture.xml:5365
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, <citetitle>The Day "
-"After Trinity</citetitle>, from ten years before. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"After Trinity</citetitle>, from ten years before."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5054
+#: freeculture.xml:5375
msgid ""
"There's no doubt that someone, whether Matt Groening or Fox, owns the "
"copyright to <citetitle>The Simpsons</citetitle>. That copyright is their "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5065
+#: freeculture.xml:5386
msgid ""
"For example, <quote>public performance</quote> is a use of <citetitle>The "
"Simpsons</citetitle> that the copyright owner gets to control. If you take a "
#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5077
+#: freeculture.xml:5398
msgid ""
"For an excellent argument that such use is <quote>fair use,</quote> but that "
"lawyers don't permit recognition that it is <quote>fair use,</quote> see "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5074
+#: freeculture.xml:5395
msgid ""
"But when lawyers hear this story about Jon Else and Fox, their first thought "
"is <quote>fair use.</quote><placeholder type=\"footnote\" id=\"0\"/> Else's "
#. PAGE BREAK 109
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5089
+#: freeculture.xml:5412
msgid ""
"So I asked Else why he didn't just rely upon <quote>fair use.</quote> Here's "
"his reply:"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:5415 freeculture.xml:7742
+msgid "legal intimidation tactics against"
+msgstr ""
+
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5093
+#: freeculture.xml:5417
msgid ""
"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 "
"rely on the concept in any concrete way. Here's why:"
msgstr ""
+#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary>
+#: freeculture.xml:5426
+msgid "Errors and Omissions insurance"
+msgstr ""
+
#. 1.
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:5103
+#: freeculture.xml:5429
msgid ""
"Before our films can be broadcast, the network requires that we buy Errors "
"and Omissions insurance. The carriers require a detailed <quote>visual cue "
"<quote>fair use</quote> can grind the application process to a halt."
msgstr ""
-#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><
para><indexterm><primary>
-#: freeculture.xml:5120
+#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary>
+#: freeculture.xml:5438
msgid "Lucas, George"
msgstr ""
+#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary>
+#: freeculture.xml:5439
+msgid "<citetitle>Star Wars</citetitle>"
+msgstr ""
+
+#. 2.
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:5111
+#: freeculture.xml:5442
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 "
"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\"/>"
+"defend a principle."
msgstr ""
#. 3.
#. PAGE BREAK 110
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:5124
+#: freeculture.xml:5454
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 "
#. 4.
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:5134
+#: freeculture.xml:5466
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><part><chapter><para>
-#: freeculture.xml:5141
+#: freeculture.xml:5474
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><part><chapter><para>
-#: freeculture.xml:5149
+#: freeculture.xml:5482
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><part><chapter><title>
-#: freeculture.xml:5158
+#: freeculture.xml:5497
msgid "CHAPTER EIGHT: Transformers"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5159
+#: freeculture.xml:5498
msgid "Allen, Paul"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:5161 freeculture.xml:5225 freeculture.xml:5408 freeculture.xml:9831 freeculture.xml:14088
+#: freeculture.xml:5499 freeculture.xml:5559 freeculture.xml:5744 freeculture.xml:10434 freeculture.xml:14868
msgid "Alben, Alex"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5164
+#: freeculture.xml:5502
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 "
-"digital entertainment. Long before the Internet became popular, Starwave "
-"began investing in new technology for delivering entertainment in "
-"anticipation of the power of networks."
+"<emphasis role='strong'>In 1993</emphasis>, Alex Alben was a lawyer working "
+"at Starwave, Inc. Starwave was an innovative company founded by Microsoft "
+"cofounder Paul Allen to develop digital entertainment. Long before the "
+"Internet became popular, Starwave began investing in new technology for "
+"delivering entertainment in anticipation of the power of networks."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
-#: freeculture.xml:5172
+#: freeculture.xml:5509
msgid "retrospective compilations on"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5510
+msgid "CD-ROMs, film clips used in"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5175
+#: freeculture.xml:5512
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><part><chapter><para>
-#: freeculture.xml:5185
+#: freeculture.xml:5522
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><part><chapter><para>
-#: freeculture.xml:5192
+#: freeculture.xml:5529
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><part><chapter><para>
-#: freeculture.xml:5199
+#: freeculture.xml:5536
msgid ""
"Then Alben and his team decided to include actual film clips. <quote>Our "
"goal was that we were going to have a clip from every one of Eastwood's "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5207
+#: freeculture.xml:5544
msgid ""
"Alben brought the idea to Michael Slade, the CEO of Starwave. Slade asked, "
"<quote>Well, what will it take?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><secondary>
-#: freeculture.xml:5223
+#: freeculture.xml:5558
msgid "publicity rights on images of"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5217
+#: freeculture.xml:5554
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><part><chapter><para>
-#: freeculture.xml:5211
+#: freeculture.xml:5548
msgid ""
"Alben replied, <quote>Well, we're going to have to clear rights from "
"everyone who appears in these films, and the music and everything else that "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5229
+#: freeculture.xml:5563
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><part><chapter><para>
-#: freeculture.xml:5236
+#: freeculture.xml:5570
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><part><chapter><blockquote><para>
-#: freeculture.xml:5242
+#: freeculture.xml:5576
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 "
#. PAGE BREAK 113
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5251
+#: freeculture.xml:5585
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 "
"just started calling people."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5596
+msgid "Sutherland, Donald"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5263
+#: freeculture.xml:5598
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><part><chapter><para>
-#: freeculture.xml:5274
+#: freeculture.xml:5609
msgid ""
"It was one <emphasis>year</emphasis> later—<quote>and even then we "
"weren't sure whether we were totally in the clear.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5278
+#: freeculture.xml:5613
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><part><chapter><blockquote><para>
-#: freeculture.xml:5284
+#: freeculture.xml:5619
msgid ""
"Everyone thought it would be too hard. Everyone just threw up their hands "
"and said, <quote>Oh, my gosh, a film, it's so many copyrights, there's the "
#. PAGE BREAK 114
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5296
+#: freeculture.xml:5631
msgid ""
"And no doubt, the product itself was exceptionally good. Eastwood loved it, "
"and it sold very well."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5299
+#: freeculture.xml:5634
msgid "Drucker, Peter"
msgstr ""
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5307
+#: freeculture.xml:5642
msgid ""
"U.S. Department of Commerce Office of Acquisition Management, "
"<citetitle>Seven Steps to Performance-Based Services "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5301
+#: freeculture.xml:5636
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><part><chapter><para>
-#: freeculture.xml:5315
+#: freeculture.xml:5650
msgid ""
"For, as he acknowledged, <quote>very few … have the time and "
"resources, and the will to do this,</quote> and thus, very few such works "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5323
+#: freeculture.xml:5658
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5331
+#: freeculture.xml:5666
msgid ""
"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 "
#. PAGE BREAK 115
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5342
+#: freeculture.xml:5677
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><part><chapter><para>
-#: freeculture.xml:5362
+#: freeculture.xml:5697
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5370
+#: freeculture.xml:5706
msgid ""
"These costs are the burdens of a kind of regulation. Put on a Republican hat "
"for a moment, and get angry for a bit. The government defines the scope of "
#. PAGE BREAK 116
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5383
+#: freeculture.xml:5719
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><part><chapter><para>
-#: freeculture.xml:5393
+#: freeculture.xml:5729
msgid ""
"The video was a brilliant collage of film from every period in the twentieth "
"century, all framed around the idea of a <citetitle>60 Minutes</citetitle> "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5398
+#: freeculture.xml:5734
msgid "Nimmer, David"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5400
+#: freeculture.xml:5736
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><part><chapter><indexterm><primary>
-#: freeculture.xml:5407
+#: freeculture.xml:5743
msgid "Boies, David"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5410
+#: freeculture.xml:5746
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><part><chapter><para>
-#: freeculture.xml:5425
+#: freeculture.xml:5761
msgid ""
"We live in a <quote>cut and paste</quote> culture enabled by "
"technology. Anyone building a presentation knows the extraordinary freedom "
"can have it planted in your presentation."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5441
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5767
msgid "Camp Chaos"
msgstr ""
+#. PAGE BREAK 117
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5432
+#: freeculture.xml:5769
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 "
"politicians and blends them with music to create biting political "
"commentary. A site called Camp Chaos has produced some of the most biting "
"criticism of the record industry that there is through the mixing of Flash! "
-"and music. <placeholder type=\"indexterm\" id=\"0\"/>"
+"and music."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5444
+#: freeculture.xml:5780
msgid ""
"All of these creations are technically illegal. Even if the creators wanted "
"to be <quote>legal,</quote> the cost of complying with the law is impossibly "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5451
+#: freeculture.xml:5787
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><part><chapter><para>
-#: freeculture.xml:5466
+#: freeculture.xml:5802
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><part><chapter><para>
-#: freeculture.xml:5472
+#: freeculture.xml:5808
msgid ""
-"In February 2003, DreamWorks studios announced an agreement with Mike Myers, "
-"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 <quote>unique filmmaking pact.</quote> Under the "
-"agreement, DreamWorks <quote>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.</quote>"
+"<emphasis role='strong'>In February 2003</emphasis>, DreamWorks studios "
+"announced an agreement with Mike Myers, 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 "
+"<quote>unique filmmaking pact.</quote> Under the agreement, DreamWorks "
+"<quote>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.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5484
+#: freeculture.xml:5821
msgid ""
"The announcement called this <quote>film sampling.</quote> As Myers "
"explained, <quote>Film Sampling is an exciting way to put an original spin "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5493
+#: freeculture.xml:5830
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><part><chapter><para>
-#: freeculture.xml:5503
+#: freeculture.xml:5840
msgid ""
"This privilege becomes reserved for two sorts of reasons. The first "
"continues the story of the last chapter: the vagueness of <quote>fair "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:5518
+#: freeculture.xml:5855
msgid "CHAPTER NINE: Collectors"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5520 freeculture.xml:8635 freeculture.xml:10839 freeculture.xml:11089
+#: freeculture.xml:5856 freeculture.xml:9181 freeculture.xml:11499 freeculture.xml:11744
msgid "archives, digital"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:5857 freeculture.xml:8480
+msgid "bots"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5523
+#: freeculture.xml:5859
msgid ""
-"In April 1996, millions of <quote>bots</quote>—computer codes designed "
-"to <quote>spider,</quote> or automatically search the Internet and copy "
-"content—began running across the Net. Page by page, these bots copied "
-"Internet-based information onto a small set of computers located in a "
-"basement in San Francisco's Presidio. Once the bots finished the whole of "
-"the Internet, they started again. Over and over again, once every two "
-"months, these bits of code took copies of the Internet and stored them."
+"<emphasis role='strong'>In April 1996</emphasis>, millions of "
+"<quote>bots</quote>—computer codes designed to <quote>spider,</quote> "
+"or automatically search the Internet and copy content—began running "
+"across the Net. Page by page, these bots copied Internet-based information "
+"onto a small set of computers located in a basement in San Francisco's "
+"Presidio. Once the bots finished the whole of the Internet, they started "
+"again. Over and over again, once every two months, these bits of code took "
+"copies of the Internet and stored them."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5869 freeculture.xml:5900 freeculture.xml:5962
+msgid "Way Back Machine"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5532
+#: freeculture.xml:5871
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><part><chapter><indexterm><primary>
-#: freeculture.xml:5540
+#: freeculture.xml:5878
msgid "Orwell, George"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5543
+#: freeculture.xml:5880
msgid ""
"This is the thing about the Internet that Orwell would have appreciated. In "
"the dystopia described in <citetitle>1984</citetitle>, old newspapers were "
#. PAGE BREAK 120
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5551
+#: freeculture.xml:5888
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><part><chapter><para>
-#: freeculture.xml:5556
+#: freeculture.xml:5893
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 "
"updated, without any reliable memory."
msgstr ""
-#. f1
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:5909
+msgid "White House press releases"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5570
+#: freeculture.xml:5908
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 "
-"stated, <quote>Combat Operations in Iraq Have Ended.</quote> That was later "
-"changed, without notice, to <quote>Major Combat Operations in Iraq Have "
-"Ended.</quote> E-mail from Brewster Kahle, 1 December 2003."
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> The temptations remain, however. Brewster Kahle reports that the "
+"White House changes its own press releases without notice. A May 13, 2003, "
+"press release stated, <quote>Combat Operations in Iraq Have Ended.</quote> "
+"That was later changed, without notice, to <quote>Major Combat Operations in "
+"Iraq Have Ended.</quote> E-mail from Brewster Kahle, 1 December 2003."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5564
+#: freeculture.xml:5902
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 "
"forget.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5917
+msgid "history, records of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5578
+#: freeculture.xml:5919
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 "
-"hometown newspaper to the race riots in Watts in 1965, or to Bull Connor's "
-"water cannon in 1963, you could go to your public library and look at the "
-"newspapers. Those papers probably exist on microfiche. If you're lucky, they "
-"exist in paper, too. Either way, you are free, using a library, to go back "
-"and remember—not just what it is convenient to remember, but remember "
-"something close to the truth."
+"<emphasis role='strong'>We take it</emphasis> 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 hometown newspaper to the race riots in Watts "
+"in 1965, or to Bull Connor's water cannon in 1963, you could go to your "
+"public library and look at the newspapers. Those papers probably exist on "
+"microfiche. If you're lucky, they exist in paper, too. Either way, you are "
+"free, using a library, to go back and remember—not just what it is "
+"convenient to remember, but remember something close to the truth."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5589
+#: freeculture.xml:5930
msgid ""
"It is said that those who fail to remember history are doomed to repeat "
"it. That's not quite correct. We <emphasis>all</emphasis> forget "
#. PAGE BREAK 121
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5598
+#: freeculture.xml:5939
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><part><chapter><para>
-#: freeculture.xml:5609
+#: freeculture.xml:5950
msgid ""
"Brewster Kahle is the founder of the Internet Archive. He was a very "
"successful Internet entrepreneur after he was a successful computer "
"was growing at about a billion pages a month."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:5959 freeculture.xml:6014 freeculture.xml:10419
+msgid "Library of Congress"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5960
+msgid "Television Archive"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5961
+msgid "Vanderbilt University"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:5963 freeculture.xml:10990 freeculture.xml:14050 freeculture.xml:14180 freeculture.xml:14216
+msgid "libraries"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:5963
+msgid "archival function of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5619
+#: freeculture.xml:5966
msgid ""
"The Way Back Machine is the largest archive of human knowledge in human "
"history. At the end of 2002, it held <quote>two hundred and thirty terabytes "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><indexterm><primary>
-#: freeculture.xml:5636
+#: freeculture.xml:5983
msgid "Quayle, Dan"
msgstr ""
+#. type: Content of: <book><part><chapter><blockquote><indexterm><primary>
+#: freeculture.xml:5984
+msgid "60 Minutes"
+msgstr ""
+
#. PAGE BREAK 122
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5638
+#: freeculture.xml:5986
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 "
"are almost unfindable. …"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5997
+msgid "newspapers"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:5997
+msgid "archives of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5650
+#: freeculture.xml:5999
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><part><chapter><para>
-#: freeculture.xml:5658
+#: freeculture.xml:6007
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 "
"copyright expired, so that others might access and copy the work."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:6015 freeculture.xml:6059
+msgid "archive of"
+msgstr ""
+
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5675
+#: freeculture.xml:6026
msgid ""
"Doug Herrick, <quote>Toward a National Film Collection: Motion Pictures at "
"the Library of Congress,</quote> <citetitle>Film Library "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5666
+#: freeculture.xml:6017
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><part><chapter><para>
-#: freeculture.xml:5683
+#: freeculture.xml:6034
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><part><chapter><para>
-#: freeculture.xml:5694
+#: freeculture.xml:6046
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><part><chapter><indexterm><primary>
-#: freeculture.xml:5704
+#: freeculture.xml:6056
msgid "Movie Archive"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5706
+#: freeculture.xml:6057
msgid "archive.org"
msgstr ""
-#. type: Content of: <book><part><chapter><indexterm><seealso>
-#: freeculture.xml:5707
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6057 freeculture.xml:6060
msgid "Internet Archive"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6061
+msgid "Duck and Cover film"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6062
+msgid "ephemeral films"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6063
+msgid "Prelinger, Rick"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5710
+#: freeculture.xml:6065
msgid ""
"Kahle had the same idea with film. Working with Rick Prelinger, whose "
"archive of film includes close to 45,000 <quote>ephemeral films</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5728
+#: freeculture.xml:6083
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><part><chapter><para>
-#: freeculture.xml:5736
+#: freeculture.xml:6091
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><part><chapter><para>
-#: freeculture.xml:5744
+#: freeculture.xml:6099
msgid ""
"For here is an idea that we should more clearly recognize. Every bit of "
"creative property goes through different <quote>lives.</quote> In its first "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5756
+#: freeculture.xml:6111
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 "
"even if that information is no longer sold."
msgstr ""
-#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5768
+#: freeculture.xml:6124
msgid ""
-"Dave Barns, <quote>Fledgling Career in Antique Books: Woodstock Landlord, "
-"Bar Owner Starts a New Chapter by Adopting Business,</quote> "
-"<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, <quote>The First Sale Doctrine in the Era of "
-"Digital Networks,</quote> <citetitle>Boston College Law Review</citetitle> "
-"44 (2003): 593 n. 51."
+"<placeholder type=\"indexterm\" id=\"0\"/> Dave Barns, <quote>Fledgling "
+"Career in Antique Books: Woodstock Landlord, Bar Owner Starts a New Chapter "
+"by Adopting Business,</quote> <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, <quote>The First "
+"Sale Doctrine in the Era of Digital Networks,</quote> <citetitle>Boston "
+"College Law Review</citetitle> 44 (2003): 593 n. 51."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5765
+#: freeculture.xml:6121
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><part><chapter><para>
-#: freeculture.xml:5782
+#: freeculture.xml:6139
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><part><chapter><para>
-#: freeculture.xml:5793
+#: freeculture.xml:6150
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 "
-"television and film and music: The cost of analog copies is extraordinarily "
-"high. So even though the law in principle would have restricted the ability "
-"of a Brewster Kahle to copy culture generally, the real restriction was "
-"economics. The market made it impossibly difficult to do anything about this "
-"ephemeral culture; the law had little practical effect."
+"<emphasis role='strong'>For most of</emphasis> the twentieth century, it was "
+"economics that made this so. It would have been insanely expensive to "
+"collect and make accessible all television and film and music: The cost of "
+"analog copies is extraordinarily high. So even though the law in principle "
+"would have restricted the ability of a Brewster Kahle to copy culture "
+"generally, the real restriction was economics. The market made it impossibly "
+"difficult to do anything about this ephemeral culture; the law had little "
+"practical effect."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5805
+#: freeculture.xml:6162
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><part><chapter><para>
-#: freeculture.xml:5813
+#: freeculture.xml:6170
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 "
"describes,"
msgstr ""
+#. type: Content of: <book><part><chapter><blockquote><indexterm><secondary>
+#: freeculture.xml:6176
+msgid "total number of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5820
+#: freeculture.xml:6178
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><part><chapter><para>
-#: freeculture.xml:5834
+#: freeculture.xml:6193
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5849
+#: freeculture.xml:6208
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><part><chapter><title>
-#: freeculture.xml:5860
+#: freeculture.xml:6219
msgid "CHAPTER TEN: <quote>Property</quote>"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5869
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6220
msgid "Johnson, Lyndon"
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:5870 freeculture.xml:9595
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6221 freeculture.xml:10178
msgid "Kennedy, John F."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5862
+#: freeculture.xml:6223
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 "
-"administration—literally. The famous picture of Johnson's swearing-in "
-"on Air Force One after the assassination of President Kennedy has Valenti in "
-"the background. In his almost forty years of running the MPAA, Valenti has "
-"established himself as perhaps the most prominent and effective lobbyist in "
-"Washington. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5883
-msgid "Disney, Inc."
+"<emphasis role='strong'>Jack Valenti</emphasis> has been the president of "
+"the Motion Picture Association of America since 1966. He first came to "
+"Washington, D.C., with Lyndon Johnson's administration—literally. The "
+"famous picture of Johnson's swearing-in on Air Force One after the "
+"assassination of President Kennedy has Valenti in the background. In his "
+"almost forty years of running the MPAA, Valenti has established himself as "
+"perhaps the most prominent and effective lobbyist in Washington."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5884
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6233
msgid "Sony Pictures Entertainment"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5885
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6234
msgid "MGM"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5886
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6235
msgid "Paramount Pictures"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5887
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6236
msgid "Twentieth Century Fox"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5888
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6237
msgid "Universal Pictures"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:5889 freeculture.xml:7299
+#: freeculture.xml:6238 freeculture.xml:7851 freeculture.xml:8022
msgid "Warner Brothers"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5873
+#: freeculture.xml:6240
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 "
"made up of the chairmen and presidents of the seven major producers and "
"distributors of motion picture and television programs in the United States: "
"Walt Disney, Sony Pictures Entertainment, MGM, Paramount Pictures, Twentieth "
-"Century Fox, Universal Studios, and Warner Brothers. <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\"/> <placeholder "
-"type=\"indexterm\" id=\"5\"/> <placeholder type=\"indexterm\" id=\"6\"/>"
+"Century Fox, Universal Studios, and Warner Brothers."
msgstr ""
#. PAGE BREAK 128
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5893
+#: freeculture.xml:6253
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><part><chapter><para>
-#: freeculture.xml:5905
+#: freeculture.xml:6265
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><part><chapter><para>
-#: freeculture.xml:5914
+#: freeculture.xml:6274
msgid "In 1982, Valenti's testimony to Congress captured the strategy perfectly:"
msgstr ""
#. f1
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:5928
+#: freeculture.xml:6288
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><part><chapter><blockquote><para>
-#: freeculture.xml:5919
+#: freeculture.xml:6279
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 "
#. PAGE BREAK 129
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5938
+#: freeculture.xml:6298
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><part><chapter><para>
-#: freeculture.xml:5949
+#: freeculture.xml:6309
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 "
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5964
+#: freeculture.xml:6324
msgid ""
"Lawyers speak of <quote>property</quote> not as an absolute thing, but as a "
"bundle of rights that are sometimes associated with a particular "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5961
+#: freeculture.xml:6321
msgid ""
"While <quote>creative property</quote> is certainly <quote>property</quote> "
"in a nerdy and precise sense that lawyers are trained to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5979
+#: freeculture.xml:6339
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><part><chapter><para>
-#: freeculture.xml:5987
+#: freeculture.xml:6347
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><part><chapter><para>
-#: freeculture.xml:6002
+#: freeculture.xml:6362
msgid ""
"Organizations such as the MPAA, whose board includes the most powerful of "
"the old guard, have little interest, their rhetoric notwithstanding, in "
"does. (Ask me about tenure, for example.) But what's good for the MPAA is "
"not necessarily good for America. A society that defends the ideals of free "
"culture must preserve precisely the opportunity for new creativity to "
-"threaten the old. To get just a hint that there is something fundamentally "
-"wrong in Valenti's argument, we need look no further than the United States "
-"Constitution itself."
+"threaten the old."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:6371
+msgid ""
+"<emphasis role='strong'>To get</emphasis> just a hint that there is "
+"something fundamentally wrong in Valenti's argument, we need look no further "
+"than the United States Constitution itself."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6014
+#: freeculture.xml:6376
msgid ""
"The framers of our Constitution loved <quote>property.</quote> Indeed, so "
"strongly did they love property that they built into the Constitution an "
#. PAGE BREAK 131
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6025
+#: freeculture.xml:6387
msgid ""
"Yet the very same Constitution speaks very differently about what Valenti "
"calls <quote>creative property.</quote> In the clause granting Congress the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6040
+#: freeculture.xml:6402
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><part><chapter><para>
-#: freeculture.xml:6049
+#: freeculture.xml:6412
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><part><chapter><para>
-#: freeculture.xml:6061
+#: freeculture.xml:6424
msgid ""
"Instead, my argument is that because Jefferson did it, we should at least "
"try to understand <emphasis>why</emphasis>. Why did the framers, fanatical "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6069
+#: freeculture.xml:6434
msgid ""
"To answer this question, we need to get some perspective on the history of "
"these <quote>creative property</quote> rights, and the control that they "
"artists get paid need also control how culture develops."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:6446
+msgid "four modalities of constraint on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6447 freeculture.xml:6703 freeculture.xml:9753 freeculture.xml:9870
+msgid "regulation"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:6447
+msgid "four modalities of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:6448
+msgid "as ex post regulation modality"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6449 freeculture.xml:6525 freeculture.xml:6658
+msgid "as constraint modality"
+msgstr ""
+
#. PAGE BREAK 132
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6084
+#: freeculture.xml:6453
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 "
msgstr ""
#. type: Content of: <book><part><chapter><figure><title>
-#: freeculture.xml:6093
+#: freeculture.xml:6462
msgid ""
"How four different modalities of regulation interact to support or weaken "
"the right or regulation."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6094 freeculture.xml:6280 freeculture.xml:6586
+#: freeculture.xml:6463 freeculture.xml:6655 freeculture.xml:7023
msgid "<graphic fileref=\"images/1331.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6097
+#: freeculture.xml:6467
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:6113 freeculture.xml:6174 freeculture.xml:6283
+#: freeculture.xml:6483 freeculture.xml:6545 freeculture.xml:6659
msgid "norms, regulatory influence of"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6115
+#: freeculture.xml:6485
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:6125 freeculture.xml:6173 freeculture.xml:6263 freeculture.xml:6282 freeculture.xml:9216 freeculture.xml:9414
+#: freeculture.xml:6495 freeculture.xml:6544 freeculture.xml:6636 freeculture.xml:6675 freeculture.xml:9762 freeculture.xml:9996
msgid "market constraints"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6127
+#: freeculture.xml:6497
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 "
"simultaneous constraint upon how an individual or group might behave."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><footnote><para><indexterm><primary>
-#: freeculture.xml:6136 freeculture.xml:6172 freeculture.xml:6221 freeculture.xml:6262
+#. type: Content of: <book><part><chapter><
section><indexterm><primary>
+#: freeculture.xml:6506 freeculture.xml:6543 freeculture.xml:6594 freeculture.xml:6635 freeculture.xml:6657
msgid "architecture, constraint effected through"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6138
+#: freeculture.xml:6508
msgid ""
"Finally, and for the moment, perhaps, most mysteriously, "
"<quote>architecture</quote>—the physical world as one finds "
#. PAGE BREAK 134
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6155
+#: freeculture.xml:6529
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><part><chapter><para>
-#: freeculture.xml:6161
+#: freeculture.xml:6535
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><part><chapter><indexterm><primary>
-#: freeculture.xml:6170
+#: freeculture.xml:6546
msgid "driving speed, constraints on"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6547
+msgid "speeding, constraints on"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6176
+#: freeculture.xml:6549
msgid ""
"So, for example, consider the <quote>freedom</quote> to drive a car at a "
"high speed. That freedom is in part restricted by laws: speed limits that "
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:6194
+#: freeculture.xml:6567
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 "
#. PAGE BREAK 135
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6190
+#: freeculture.xml:6563
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><part><chapter><figure><title>
-#: freeculture.xml:6218
+#: freeculture.xml:6591
msgid "Law has a special role in affecting the three."
msgstr ""
#. type: Content of: <book><part><chapter><figure>
-#: freeculture.xml:6219
+#: freeculture.xml:6592
msgid "<graphic fileref=\"images/1361.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6260
+#: freeculture.xml:6633
msgid "Americans with Disabilities Act (1990)"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6261
+#: freeculture.xml:6634
msgid "Commons, John R."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:6231
+#: freeculture.xml:6604
msgid ""
"Some people object to this way of talking about <quote>liberty.</quote> They "
"object because their focus when considering the constraints that exist at "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6223
+#: freeculture.xml:6596
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><part><chapter><section><title>
-#: freeculture.xml:6267
+#: freeculture.xml:6641
msgid "Why Hollywood Is Right"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6642 freeculture.xml:7013
+msgid "four regulatory modalities on"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6269
+#: freeculture.xml:6644
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><part><chapter><section><para>
-#: freeculture.xml:6275
+#: freeculture.xml:6650
msgid "Let's say this is the picture of copyright's regulation before the Internet:"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:6279 freeculture.xml:6585
+#: freeculture.xml:6654 freeculture.xml:7022
msgid "Copyright's regulation before the Internet."
msgstr ""
#. PAGE BREAK 136
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6286
+#: freeculture.xml:6662
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 "
"this form of infringement."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6673
+msgid "copyright regulatory balance lost with"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6674
+msgid "regulatory balance lost in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6676
+msgid "MP3s"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6298
+#: freeculture.xml:6678
msgid ""
"Enter the Internet, or, more precisely, technologies such as MP3s and p2p "
"sharing. Now the constraint of architecture changes dramatically, as does "
"of anarchy after the Internet."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6687 freeculture.xml:7530 freeculture.xml:7840
+msgid "technology"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6687
+msgid "established industries threatened by changes in"
+msgstr ""
+
#. PAGE BREAK 137
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6306
+#: freeculture.xml:6689
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><part><chapter><section><figure><title>
-#: freeculture.xml:6316
+#: freeculture.xml:6699
msgid "effective state of anarchy after the Internet."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6317
+#: freeculture.xml:6700
msgid "<graphic fileref=\"images/1381.png\"></graphic>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6702
+msgid "Commerce, U.S. Department of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6703 freeculture.xml:9753
+msgid "as establishment protectionism"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6320
+#: freeculture.xml:6705
msgid ""
"Neither this analysis nor the conclusions that follow are new to the "
"warriors. Indeed, in a <quote>White Paper</quote> prepared by the Commerce "
"material, and (4) educators should educate kids to better protect copyright."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6718 freeculture.xml:6858
+msgid "farming"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6719
+msgid "steel industry"
+msgstr ""
+
#. PAGE BREAK 138
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6332
+#: freeculture.xml:6721
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><part><chapter><section><para>
-#: freeculture.xml:6349
+#: freeculture.xml:6741
msgid ""
"Thus, there's nothing wrong or surprising in the content industry's campaign "
"to protect itself from the harmful consequences of a technological "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:6356
+#: freeculture.xml:6754
msgid "railroad industry"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6755
+msgid "remote channel changers"
+msgstr ""
+
#. f5
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6367
+#: freeculture.xml:6765
msgid ""
"See Geoffrey Smith, <quote>Film vs. Digital: Can Kodak Build a "
"Bridge?</quote> BusinessWeek online, 2 August 1999, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6359
+#: freeculture.xml:6757
msgid ""
"But just because a particular interest asks for government support, it "
"doesn't follow that support should be granted. And just because technology "
"second, or to switch to only ten channels within an hour?)"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6786
+msgid "free market, technological changes in"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:6787 freeculture.xml:15444
+msgid "Brezhnev, Leonid"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:6790 freeculture.xml:13644
+msgid "Gates, Bill"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6791 freeculture.xml:7805
+msgid "market competition"
+msgstr ""
+
#. f6
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6399
+#: freeculture.xml:6804
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:6408 freeculture.xml:12922
-msgid "Gates, Bill"
-msgstr ""
-
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6389
+#: freeculture.xml:6794
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, "
"radio.) A world in which competitors with new ideas must fight not only the "
"market but also the government is a world in which competitors with new "
"ideas will not succeed. It is a world of stasis and increasingly "
-"concentrated stagnation. It is the Soviet Union under Brezhnev. "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"concentrated stagnation. It is the Soviet Union under Brezhnev."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6411
+#: freeculture.xml:6815
msgid ""
"Thus, while it is understandable for industries threatened with new "
"technologies that change the way they do business to look to the government "
"preserve the incentives and opportunities for innovation and change."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6826
+msgid "speech, freedom of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6826
+msgid "constitutional guarantee of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6421
+#: freeculture.xml:6828
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><part><chapter><section><para>
-#: freeculture.xml:6435
+#: freeculture.xml:6844
msgid ""
"My argument just now, however, has nothing to do with whether the changes "
"that are being pushed by the copyright warriors are "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6444
+#: freeculture.xml:6853
msgid "Here's the metaphor that will capture the argument to follow."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:6447
+#: freeculture.xml:6855
+msgid "Müller, Paul Hermann"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6856
msgid "DDT"
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:6455
-msgid "Müller, Paul Hermann"
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6857
+msgid "insecticide, environmental consequences of"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6450
+#: freeculture.xml:6860
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 "
"insecticidal properties of DDT. By the 1950s, the insecticide was widely "
"used around the world to kill disease-carrying pests. It was also used to "
-"increase farm production. <placeholder type=\"indexterm\" id=\"0\"/>"
+"increase farm production."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6458
+#: freeculture.xml:6867
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 "
"important and valuable and probably saved lives, possibly millions."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:6462 freeculture.xml:6468
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6871
msgid "Carson, Rachel"
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:6469
-msgid "Silent Sprint (Carson)"
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6872
+msgid "Silent Spring (Carson)"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6873
+msgid "environmentalism"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6464
+#: freeculture.xml:6875
msgid ""
"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\"/>"
+"reproduce. Whole chains of the ecology were being destroyed."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6472
+#: freeculture.xml:6881
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 "
"solve."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6890
+msgid "Boyle, James"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6891
+msgid "innovative freedom balanced with fair compensation in"
+msgstr ""
+
#. f7
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6485
+#: freeculture.xml:6897
msgid ""
"See, for example, James Boyle, <quote>A Politics of Intellectual Property: "
"Environmentalism for the Net?</quote> <citetitle>Duke Law "
#. PAGE BREAK 141
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6481
+#: freeculture.xml:6893
msgid ""
"It is to this image precisely that Duke University law professor James Boyle "
"appeals when he argues that we need an <quote>environmentalism</quote> for "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6502
+#: freeculture.xml:6915
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><part><chapter><section><para>
-#: freeculture.xml:6513
+#: freeculture.xml:6927
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><part><chapter><section><title>
-#: freeculture.xml:6520
+#: freeculture.xml:6936
msgid "Beginnings"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6937
+msgid "on creative property"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:6938 freeculture.xml:11409
+msgid "copyright purpose established in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:6939 freeculture.xml:11118
+msgid "Progress Clause of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:6940 freeculture.xml:11410
+msgid "constitutional purpose of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6942
+msgid "constitutional tradition on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:6943 freeculture.xml:11119
+msgid "Progress Clause"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6522
+#: freeculture.xml:6946
msgid ""
"America copied English copyright law. Actually, we copied and improved "
"English copyright law. Our Constitution makes the purpose of <quote>creative "
"aim to avoid overly powerful publishers."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6951
+msgid "in constitutional Progress Clause"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6528
+#: freeculture.xml:6953
msgid ""
"The power to establish <quote>creative property</quote> rights is granted to "
"Congress in a way that, for our Constitution, at least, is very odd. Article "
#. PAGE BREAK 142
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6533
+#: freeculture.xml:6958
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 "
"purpose of rewarding authors."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6972
+msgid "history of American"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6546
+#: freeculture.xml:6974
msgid ""
"The Progress Clause expressly limits the term of copyrights. As we saw in "
"chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"founders\"/>, the "
"Authors</quote> only."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6983
+msgid "Senate, U.S."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:6984
+msgid "structural checks and balances of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6985
+msgid "electoral college"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6556
+#: freeculture.xml:6987
msgid ""
"The design of the Progress Clause reflects something about the "
"Constitution's design in general. To avoid a problem, the framers built "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6571
+#: freeculture.xml:7004
msgid ""
"I doubt the framers would recognize the regulation we call "
"<quote>copyright</quote> today. The scope of that regulation is far beyond "
#. PAGE BREAK 143
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6578
+#: freeculture.xml:7015
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><part><chapter><section><para>
-#: freeculture.xml:6589
+#: freeculture.xml:7026
msgid "We will end here:"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:6592
+#: freeculture.xml:7029
msgid "<quote>Copyright</quote> today."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6593
+#: freeculture.xml:7030
msgid "<graphic fileref=\"images/1442.png\"></graphic>"
msgstr ""
#. PAGE BREAK 144
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6596
+#: freeculture.xml:7033
msgid "Let me explain how."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:6601
+#: freeculture.xml:7038
msgid "Law: Duration"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7041 freeculture.xml:7333
+msgid "Copyright Act (1790)"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7042
+msgid "common law protections of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7043
+msgid "balance of U.S. content in"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6617
+#: freeculture.xml:7059
msgid "Crosskey, William W."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6611
+#: freeculture.xml:7053
msgid ""
"William W. Crosskey, <citetitle>Politics and the Constitution in the History "
"of the United States</citetitle> (London: Cambridge University Press, 1953), "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6603
+#: freeculture.xml:7045
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 "
"to reprint and distribute works."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7069
+msgid "federal vs. state"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6627
+#: freeculture.xml:7071
msgid ""
"That uncertainty ended after Congress passed legislation granting "
"copyrights. Because federal law overrides any contrary state law, federal "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6635
+#: freeculture.xml:7080
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6650
+#: freeculture.xml:7096
msgid ""
"Although 13,000 titles were published in the United States from 1790 to "
"1799, only 556 copyright registrations were filed; John Tebbel, <citetitle>A "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6642
+#: freeculture.xml:7088
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><part><chapter><section><para>
-#: freeculture.xml:6666
+#: freeculture.xml:7114
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6681
+#: freeculture.xml:7129
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6675
+#: freeculture.xml:7123
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6696
+#: freeculture.xml:7147
msgid "See Ringer, ch. 9, n. 2."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6692
+#: freeculture.xml:7143
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 "
"publication—is effectively free."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:7155 freeculture.xml:11056
+msgid "copyright terms extended by"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:7156 freeculture.xml:11058
+msgid "term extensions in"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6704
+#: freeculture.xml:7158
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 "
"setting a maximum term of 56 years."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:7165 freeculture.xml:7200 freeculture.xml:11082 freeculture.xml:15362
+msgid "Sonny Bono Copyright Term Extension Act (CTEA) (1998)"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:7166 freeculture.xml:11062
+msgid "future patents vs. future copyrights in"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6712
+#: freeculture.xml:7168
msgid ""
"Then, beginning in 1962, Congress started a practice that has defined "
"copyright law since. Eleven times in the last forty years, Congress has "
"of existing and future copyrights by twenty years."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:7177 freeculture.xml:11061 freeculture.xml:11062 freeculture.xml:13149 freeculture.xml:13630
+msgid "patents"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:7177 freeculture.xml:11061
+msgid "in public domain"
+msgstr ""
+
#. PAGE BREAK 146
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6722
+#: freeculture.xml:7179
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><part><chapter><section><para>
-#: freeculture.xml:6733
+#: freeculture.xml:7191
msgid ""
"The effect of these extensions has been exacerbated by another, "
"little-noticed change in the copyright law. Remember I said that the framers "
"be those that had some continuing commercial value."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7201
+msgid "of natural authors vs. corporations"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:7202 freeculture.xml:13303
+msgid "corporations"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7202
+msgid "copyright terms for"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6743
+#: freeculture.xml:7204
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><part><chapter><section><para>
-#: freeculture.xml:6753
+#: freeculture.xml:7214
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6770
+#: freeculture.xml:7233
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><part><chapter><section><para>
-#: freeculture.xml:6762
+#: freeculture.xml:7225
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><part><chapter><section><title>
-#: freeculture.xml:6779
+#: freeculture.xml:7247
msgid "Law: Scope"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7248 freeculture.xml:7467
+msgid "scope of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6781
+#: freeculture.xml:7250
msgid ""
"The <quote>scope</quote> of a copyright is the range of rights granted by "
"the law. The scope of American copyright has changed dramatically. Those "
"changes if we're to keep this debate in context."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7256
+msgid "historical shift in copyright coverage of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6787
+#: freeculture.xml:7258
msgid ""
"In 1790, that scope was very narrow. Copyright covered only <quote>maps, "
"charts, and books.</quote> That means it didn't cover, for example, music or "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6800
+#: freeculture.xml:7271
msgid ""
"This, too, has changed dramatically. While the contours of copyright today "
"are extremely hard to describe simply, in general terms, the right covers "
"that are based in a significant way on the initial creative work."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7285
+msgid "marking of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7286
+msgid "formalities"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7287
+msgid "registration requirement of"
+msgstr ""
+
#. PAGE BREAK 148
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6815
+#: freeculture.xml:7289
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6829
+#: freeculture.xml:7304
msgid ""
"The reason for the registration requirement was the sensible understanding "
"that for most works, no copyright was required. Again, in the first ten "
"author."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7317
+msgid "European"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6843
+#: freeculture.xml:7319
msgid ""
"All of these <quote>formalities</quote> were abolished in the American "
"system when we decided to follow European copyright law. There is no "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6851
+#: freeculture.xml:7330
msgid "Consider a practical example to understand the scope of these differences."
msgstr ""
#. f13
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6862
+#: freeculture.xml:7342
msgid ""
"See Thomas Bender and David Sampliner, <quote>Poets, Pirates, and the "
"Creation of American Literature,</quote> 29 <citetitle>New York University "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6855
+#: freeculture.xml:7335
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><part><chapter><section><para>
-#: freeculture.xml:6874
+#: freeculture.xml:7357
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><part><chapter><section><para>
-#: freeculture.xml:6883
+#: freeculture.xml:7367
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6892
+#: freeculture.xml:7376
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><part><chapter><section><para>
-#: freeculture.xml:6897
+#: freeculture.xml:7381
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><part><chapter><section><para>
-#: freeculture.xml:6911
+#: freeculture.xml:7396
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6933
+#: freeculture.xml:7418
msgid ""
"Jonathan Zittrain, <quote>The Copyright Cage,</quote> <citetitle>Legal "
"Affairs</citetitle>, July/August 2003, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6923
+#: freeculture.xml:7408
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6955
+#: freeculture.xml:7440
msgid "Rubenfeld, Jeb"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6948
+#: freeculture.xml:7433
msgid ""
"Professor Rubenfeld has presented a powerful constitutional argument about "
"the difference that copyright law should draw (from the perspective of the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6943
+#: freeculture.xml:7428
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><part><chapter><section><para>
-#: freeculture.xml:6960
+#: freeculture.xml:7448
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><part><chapter><section><para>
-#: freeculture.xml:6968
+#: freeculture.xml:7456
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><part><chapter><section><title>
-#: freeculture.xml:6975
+#: freeculture.xml:7465
msgid "Law and Architecture: Reach"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7466 freeculture.xml:7528 freeculture.xml:7741
+msgid "copies as core issue of"
+msgstr ""
+
#. f16
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6982
+#: freeculture.xml:7474
msgid ""
"This is a simplification of the law, but not much of one. The law certainly "
"regulates more than <quote>copies</quote>—a public performance of a "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6977
+#: freeculture.xml:7469
msgid ""
"Whereas originally the law regulated only publishers, the change in "
"copyright's scope means that the law today regulates publishers, users, and "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7485
+msgid "other property rights vs."
+msgstr ""
+
#. PAGE BREAK 151
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6994
+#: freeculture.xml:7488
msgid ""
"<quote>Copies.</quote> That certainly sounds like the obvious thing for "
"<emphasis>copy</emphasis>right law to regulate. But as with Jack Valenti's "
#. f17
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7012
+#: freeculture.xml:7507
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><part><chapter><section><para>
-#: freeculture.xml:7007
+#: freeculture.xml:7502
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><part><chapter><section><para>
-#: freeculture.xml:7023
+#: freeculture.xml:7520
msgid ""
"We can see this point abstractly by beginning with this largely empty "
"circle."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7027
+#: freeculture.xml:7524
msgid "All potential uses of a book."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7028
+#: freeculture.xml:7525
msgid "<graphic fileref=\"images/1521.png\"></graphic>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7527
+msgid "three types of uses of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7529
+msgid "copyright applicability altered by technology of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7530
+msgid "copyright intent altered by"
+msgstr ""
+
#. PAGE BREAK 152
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7032
+#: freeculture.xml:7535
msgid ""
"Think about a book in real space, and imagine this circle to represent all "
"its potential <emphasis>uses</emphasis>. Most of these uses are unregulated "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7045
+#: freeculture.xml:7548
msgid "Examples of unregulated uses of a book."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7046
+#: freeculture.xml:7549
msgid "<graphic fileref=\"images/1531.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7049
+#: freeculture.xml:7552
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><part><chapter><section><para>
-#: freeculture.xml:7057
+#: freeculture.xml:7564
msgid ""
"Finally, there is a tiny sliver of otherwise regulated copying uses that "
"remain unregulated because the law considers these <quote>fair uses.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7062
+#: freeculture.xml:7569
msgid ""
"Republishing stands at the core of this circle of possible uses of a "
"copyrighted work."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7063
+#: freeculture.xml:7570
msgid "<graphic fileref=\"images/1541.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7066
+#: freeculture.xml:7575
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><part><chapter><section><figure><title>
-#: freeculture.xml:7076
+#: freeculture.xml:7585
msgid "Unregulated copying considered <quote>fair uses.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7077
+#: freeculture.xml:7586
msgid "<graphic fileref=\"images/1542.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7081
+#: freeculture.xml:7590
msgid ""
"Uses that before were presumptively unregulated are now presumptively "
"regulated."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7082
+#: freeculture.xml:7591
msgid "<graphic fileref=\"images/1551.png\"></graphic>"
msgstr ""
#. PAGE BREAK 154
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7086
+#: freeculture.xml:7596
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 "
"owner's views."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7601 freeculture.xml:7885 freeculture.xml:10132
+msgid "on Internet"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7602
+msgid "books on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7603 freeculture.xml:7680
+msgid "Internet burdens on"
+msgstr ""
+
#. f18
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7094
+#: freeculture.xml:7608
msgid ""
"I don't mean <quote>nature</quote> in the sense that it couldn't be "
"different, but rather that its present instantiation entails a copy. Optical "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7091
+#: freeculture.xml:7605
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><part><chapter><section><para>
-#: freeculture.xml:7112
+#: freeculture.xml:7628
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 "
"those uses produced a copy."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7639
+msgid "e-books"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7640
+msgid "technological developments and"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7124
+#: freeculture.xml:7642
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7136
+#: freeculture.xml:7654
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><part><chapter><section><para>
-#: freeculture.xml:7142
+#: freeculture.xml:7660
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><part><chapter><section><para>
-#: freeculture.xml:7150
+#: freeculture.xml:7669
msgid ""
"Second, this shift is especially troubling in the context of transformative "
"uses of creative content. Again, we can all understand the wrong in "
"troubling with respect to transformative uses of creative work."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7682
+msgid "fair use vs."
+msgstr ""
+
#. PAGE BREAK 156
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7162
+#: freeculture.xml:7684
msgid ""
"Third, this shift from category 1 to category 2 puts an extraordinary burden "
"on category 3 (<quote>fair use</quote>) that fair use never before had to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7176
+#: freeculture.xml:7703
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 "
"fair use are not enough."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7719
+msgid "Video Pipeline"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:7721 freeculture.xml:15259
+msgid "film industry"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7721
+msgid "trailer advertisements of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7189
+#: freeculture.xml:7723
msgid ""
"The case of Video Pipeline is a good example. Video Pipeline was in the "
"business of making <quote>trailer</quote> advertisements for movies "
"put the trailers on tape, and sold the tapes to the retail stores."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:7729 freeculture.xml:7804 freeculture.xml:14005
+msgid "browsing"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7196
+#: freeculture.xml:7731
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><part><chapter><section><para>
-#: freeculture.xml:7205
+#: freeculture.xml:7744
msgid ""
"In 1998, Video Pipeline informed Disney and other film distributors that it "
"intended to distribute the trailers through the Internet (rather than "
"rights were in fact their rights."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7761
+msgid "willful infringement findings in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7762
+msgid "willful infringement"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7220
+#: freeculture.xml:7764
msgid ""
"Disney countersued—for $100 million in damages. Those damages were "
"predicated upon a claim that Video Pipeline had <quote>willfully "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7230
+#: freeculture.xml:7774
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 "
"Disney's permission."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7782
+msgid "first-sale doctrine"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7240
+#: freeculture.xml:7784
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 "
"control, because the technology builds a copy into every transaction."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7803
+msgid "Barnes & Noble"
+msgstr ""
+
#. PAGE BREAK 158
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7255
+#: freeculture.xml:7808
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><part><chapter><section><para>
-#: freeculture.xml:7270
+#: freeculture.xml:7823
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><part><chapter><section><title>
-#: freeculture.xml:7279
+#: freeculture.xml:7832
msgid "Architecture and Law: Force"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7281
+#: freeculture.xml:7834
msgid ""
"The disappearance of unregulated uses would be change enough, but a second "
"important change brought about by the Internet magnifies its "
"regulation; it affects how such regulation is enforced."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7839
+msgid "technology as automatic enforcer of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:7840
+msgid "copyright enforcement controlled by"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7287
+#: freeculture.xml:7842
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7294
+#: freeculture.xml:7849
msgid "Casablanca"
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:7296 freeculture.xml:7475
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7850 freeculture.xml:8021
msgid "Marx Brothers"
msgstr ""
#. f19
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7310
+#: freeculture.xml:7861
msgid ""
"See David Lange, <quote>Recognizing the Public Domain,</quote> "
"<citetitle>Law and Contemporary Problems</citetitle> 44 (1981): "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7302
+#: freeculture.xml:7853
msgid ""
"There's a famous story about a battle between the Marx Brothers and Warner "
"Brothers. The Marxes intended to make a parody of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7319
+#: freeculture.xml:7870
msgid ""
-"Ibid. See also Vaidhyanathan, <citetitle>Copyrights and "
-"Copywrongs</citetitle>, 1–3. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"<placeholder type=\"indexterm\" id=\"0\"/> Ibid. See also Vaidhyanathan, "
+"<citetitle>Copyrights and Copywrongs</citetitle>, 1–3."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7315
+#: freeculture.xml:7866
msgid ""
"This led the Marx Brothers to respond in kind. They warned Warner Brothers "
"that the Marx Brothers <quote>were brothers long before you "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7329
+#: freeculture.xml:7880
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><part><chapter><section><para>
-#: freeculture.xml:7335
+#: freeculture.xml:7887
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7348
+#: freeculture.xml:7899
msgid "Adobe eBook Reader"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7351
+#: freeculture.xml:7901
msgid "Consider the life of my Adobe eBook Reader."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7354
+#: freeculture.xml:7904
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><part><chapter><section><para>
-#: freeculture.xml:7361
+#: freeculture.xml:7911
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><part><chapter><section><para>
-#: freeculture.xml:7365
+#: freeculture.xml:7915
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: "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7378
+#: freeculture.xml:7928
msgid "Picture of an old version of Adobe eBook Reader"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7379
+#: freeculture.xml:7929
msgid "<graphic fileref=\"images/1611.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7382
+#: freeculture.xml:7932
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><part><chapter><section><figure><title>
-#: freeculture.xml:7386
+#: freeculture.xml:7936
msgid "List of the permissions that the publisher purports to grant."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7387
+#: freeculture.xml:7937
msgid "<graphic fileref=\"images/1612.png\"></graphic>"
msgstr ""
#. PAGE BREAK 161
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7391
+#: freeculture.xml:7941
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 "
"computer."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:7401
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7948
msgid "Aristotle"
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:7402
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7949
msgid "<citetitle>Politics</citetitle>, (Aristotle)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7399
+#: freeculture.xml:7951
msgid ""
"Here's the e-book for another work in the public domain (including the "
-"translation): Aristotle's <citetitle>Politics</citetitle>. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"translation): Aristotle's <citetitle>Politics</citetitle>."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7405
+#: freeculture.xml:7955
msgid "E-book of Aristotle;s <quote>Politics</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7406
+#: freeculture.xml:7956
msgid "<graphic fileref=\"images/1621.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7409
+#: freeculture.xml:7959
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><part><chapter><section><figure><title>
-#: freeculture.xml:7414
+#: freeculture.xml:7964
msgid "List of the permissions for Aristotle;s <quote>Politics</quote>."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7415
+#: freeculture.xml:7965
msgid "<graphic fileref=\"images/1622.png\"></graphic>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7967 freeculture.xml:9803
+msgid "Future of Ideas, The (Lessig)"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:7968 freeculture.xml:9804 freeculture.xml:11120 freeculture.xml:11166 freeculture.xml:13459
+msgid "Lessig, Lawrence"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7418
+#: freeculture.xml:7970
msgid ""
"Finally (and most embarrassingly), here are the permissions for the original "
"e-book version of my last book, <citetitle>The Future of Ideas</citetitle>:"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7424
+#: freeculture.xml:7976
msgid "List of the permissions for <quote>The Future of Ideas</quote>."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7425
+#: freeculture.xml:7977
msgid "<graphic fileref=\"images/1631.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7428
+#: freeculture.xml:7980
msgid "No copying, no printing, and don't you dare try to listen to this book!"
msgstr ""
#. f21
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7438
+#: freeculture.xml:7990
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><part><chapter><section><para>
-#: freeculture.xml:7431
+#: freeculture.xml:7983
msgid ""
"Now, the Adobe eBook Reader calls these controls "
"<quote>permissions</quote>— as if the publisher has the power to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7453
+#: freeculture.xml:8005
msgid ""
"The control comes instead from the code—from the technology within "
"which the e-book <quote>lives.</quote> Though the e-book says that these are "
"simply won't read aloud."
msgstr ""
+#. PAGE BREAK 163
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7471
+#: freeculture.xml:8025
msgid ""
"These are <emphasis>controls</emphasis>, not permissions. Imagine a world "
"where the Marx Brothers sold word processing software that, when you tried "
"to type <quote>Warner Brothers,</quote> erased <quote>Brothers</quote> from "
-"the sentence. <placeholder type=\"indexterm\" id=\"0\"/>"
+"the sentence."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7478
+#: freeculture.xml:8031
msgid ""
"This is the future of copyright law: not so much copyright "
"<emphasis>law</emphasis> as copyright <emphasis>code</emphasis>. The "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7487
+#: freeculture.xml:8040
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><part><chapter><section><para>
-#: freeculture.xml:7494
+#: freeculture.xml:8047
msgid ""
"We've only scratched the surface of this story. Return to the Adobe eBook "
"Reader."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:7504
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8050
msgid "Alice's Adventures in Wonderland (Carroll)"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:8051
+msgid "e-book restrictions on"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7498
+#: freeculture.xml:8053
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 <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: "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"when you clicked on Permissions for that book, you got the following report:"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7507
+#: freeculture.xml:8061
msgid "List of the permissions for <quote>Alice's Adventures in Wonderland</quote>."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7509
+#: freeculture.xml:8063
msgid "<graphic fileref=\"images/1641.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7513
+#: freeculture.xml:8067
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7518
+#: freeculture.xml:8072
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><part><chapter><section><para>
-#: freeculture.xml:7526
+#: freeculture.xml:8080
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><part><chapter><section><para>
-#: freeculture.xml:7539
+#: freeculture.xml:8095
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><part><chapter><section><para>
-#: freeculture.xml:7548
+#: freeculture.xml:8105
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7552 freeculture.xml:7701 freeculture.xml:7772 freeculture.xml:7878
+#: freeculture.xml:8108 freeculture.xml:8252 freeculture.xml:8317 freeculture.xml:8425
msgid "Aibo robotic dog"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7555 freeculture.xml:7704 freeculture.xml:7773 freeculture.xml:7879
+#: freeculture.xml:8109 freeculture.xml:8253 freeculture.xml:8318 freeculture.xml:8426
msgid "robotic dog"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7558 freeculture.xml:7707 freeculture.xml:7775 freeculture.xml:7881
+#: freeculture.xml:8110 freeculture.xml:8254 freeculture.xml:8319 freeculture.xml:8427
msgid "Sony"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
-#: freeculture.xml:7559 freeculture.xml:7708 freeculture.xml:7776 freeculture.xml:7882
+#: freeculture.xml:8110 freeculture.xml:8254 freeculture.xml:8319 freeculture.xml:8427
msgid "Aibo robotic dog produced by"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7562
+#: freeculture.xml:8112
msgid ""
"Consider the robotic dog made by Sony named <quote>Aibo.</quote> The Aibo "
"learns tricks, cuddles, and follows you around. It eats only electricity and "
"that doesn't leave that much of a mess (at least in your house)."
msgstr ""
+#. PAGE BREAK 165
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7567
+#: freeculture.xml:8117
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 "
-"information about the Aibo dog to be shared. This fan set <beginpage "
-"pagenum=\"165\"/> up aibopet.com (and aibohack.com, but that resolves to the "
-"same site), and on that site he provided information about how to teach an "
-"Aibo to do tricks in addition to the ones Sony had taught it."
+"information about the Aibo dog to be shared. This fan set up aibopet.com "
+"(and aibohack.com, but that resolves to the same site), and on that site he "
+"provided information about how to teach an Aibo to do tricks in addition to "
+"the ones Sony had taught it."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7576
+#: freeculture.xml:8126
msgid ""
"<quote>Teach</quote> here has a special meaning. Aibos are just cute "
"computers. You teach a computer how to do something by programming it "
"<quote>dog</quote> to make it do new tricks (thus, aibohack.com)."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8133
+msgid "hacks"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7584
+#: freeculture.xml:8135
msgid ""
"If you're not a programmer or don't know many programmers, the word "
"<citetitle>hack</citetitle> has a particularly unfriendly "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7598
+#: freeculture.xml:8149
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><part><chapter><section><para>
-#: freeculture.xml:7605
+#: freeculture.xml:8156
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><part><chapter><section><para>
-#: freeculture.xml:7615
+#: freeculture.xml:8166
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 "
"there be with teaching a robot dog to dance?</emphasis>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:8181
+msgid "government case against"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7631
+#: freeculture.xml:8183
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 "
"knew very well."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:7654 freeculture.xml:10151
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8206 freeculture.xml:10758
msgid "Electronic Frontier Foundation"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7644
+#: freeculture.xml:8196
msgid ""
"See Pamela Samuelson, <quote>Anticircumvention Rules: Threat to "
"Science,</quote> <citetitle>Science</citetitle> 293 (2001): 2028; Brendan "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7642
+#: freeculture.xml:8194
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><part><chapter><section><para>
-#: freeculture.xml:7662
+#: freeculture.xml:8214
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><part><chapter><section><para>
-#: freeculture.xml:7672
+#: freeculture.xml:8224
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><part><chapter><section><para>
-#: freeculture.xml:7679
+#: freeculture.xml:8231
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><part><chapter><section><para>
-#: freeculture.xml:7685
+#: freeculture.xml:8237
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><part><chapter><section><para>
-#: freeculture.xml:7693
+#: freeculture.xml:8245
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><part><chapter><section><para>
-#: freeculture.xml:7711
+#: freeculture.xml:8256
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><part><chapter><section><blockquote><para>
-#: freeculture.xml:7718
+#: freeculture.xml:8263
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><part><chapter><section><para>
-#: freeculture.xml:7727
+#: freeculture.xml:8272
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><part><chapter><section><blockquote><para>
-#: freeculture.xml:7733
+#: freeculture.xml:8278
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><part><chapter><section><para>
-#: freeculture.xml:7741
+#: freeculture.xml:8286
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><part><chapter><section><para>
-#: freeculture.xml:7746
+#: freeculture.xml:8291
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7757
+#: freeculture.xml:8302
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, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7764
+#: freeculture.xml:8309
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><part><chapter><section><para>
-#: freeculture.xml:7779
+#: freeculture.xml:8321
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><part><chapter><section><para>
-#: freeculture.xml:7791
+#: freeculture.xml:8333
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><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:7798 freeculture.xml:7831
+#: freeculture.xml:8340 freeculture.xml:8375
msgid "Rogers, Fred"
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:7808 freeculture.xml:7844 freeculture.xml:7876
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8351 freeculture.xml:8388 freeculture.xml:8414
msgid "Conrad, Paul"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7800
+#: freeculture.xml:8343
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:7827
+#: freeculture.xml:8370
msgid ""
-"<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. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"<placeholder type=\"indexterm\" id=\"0\"/> <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. <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:7812
+#: freeculture.xml:8355
msgid ""
"Some public stations, as well as commercial stations, program the "
"<quote>Neighborhood</quote> at hours when some children cannot use it. I "
#. PAGE BREAK 170
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7837
+#: freeculture.xml:8381
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><part><chapter><section><para>
-#: freeculture.xml:7842
+#: freeculture.xml:8386
msgid ""
"This led Conrad to draw the cartoon below, which we can adopt to the DMCA. "
"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7847
+#: freeculture.xml:8391
msgid "No argument I have can top this picture, but let me try to get close."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7850
+#: freeculture.xml:8394
msgid ""
"The anticircumvention provisions of the DMCA target copyright circumvention "
"technologies. Circumvention technologies can be used for different "
"use—a good end."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8401
+msgid "handguns"
+msgstr ""
+
#. PAGE BREAK 171
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7858
+#: freeculture.xml:8403
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><part><chapter><section><figure><title>
-#: freeculture.xml:7866
+#: freeculture.xml:8411
msgid "VCR/handgun cartoon."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7867
+#: freeculture.xml:8412
msgid "<graphic fileref=\"images/1711.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7870
+#: freeculture.xml:8416
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: <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. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"guns, despite the obvious and tragic harm they do."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7885
+#: freeculture.xml:8429
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><part><chapter><section><para>
-#: freeculture.xml:7893
+#: freeculture.xml:8437
msgid ""
"This is how <emphasis>code</emphasis> becomes <emphasis>law</emphasis>. The "
"controls built into the technology of copy and access protection become "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7905
+#: freeculture.xml:8449
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7924
+#: freeculture.xml:8468
msgid ""
"For an early and prescient analysis, see Rebecca Tushnet, <quote>Legal "
"Fictions, Copyright, Fan Fiction, and a New Common Law,</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7918
+#: freeculture.xml:8462
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7930
+#: freeculture.xml:8474
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><part><chapter><section><para>
-#: freeculture.xml:7937
+#: freeculture.xml:8482
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><part><chapter><section><para>
-#: freeculture.xml:7947
+#: freeculture.xml:8492
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><part><chapter><section><title>
-#: freeculture.xml:7956
+#: freeculture.xml:8501
msgid "Market: Concentration"
msgstr ""
#. PAGE BREAK 173
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7958
+#: freeculture.xml:8503
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><part><chapter><section><para>
-#: freeculture.xml:7976
+#: freeculture.xml:8521
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><part><chapter><section><para>
-#: freeculture.xml:7983
+#: freeculture.xml:8528
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><part><chapter><section><para>
-#: freeculture.xml:7994
+#: freeculture.xml:8539
msgid "These changes are of two sorts: the scope of concentration, and its nature."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8543
+msgid "BMG"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8544 freeculture.xml:9913
+msgid "EMI"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8545
+msgid "McCain, John"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8546 freeculture.xml:9920
+msgid "Universal Music Group"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8547
+msgid "Warner Music Group"
+msgstr ""
+
#. f25
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8002
+#: freeculture.xml:8553
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8009
+#: freeculture.xml:8560
msgid ""
"Lynette Holloway, <quote>Despite a Marketing Blitz, CD Sales Continue to "
"Slide,</quote> <citetitle>New York Times</citetitle>, 23 December 2002."
#. f27
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8015
+#: freeculture.xml:8566
msgid ""
"Molly Ivins, <quote>Media Consolidation Must Be Stopped,</quote> "
"<citetitle>Charleston Gazette</citetitle>, 31 May 2003."
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8018
-msgid "BMG"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8019 freeculture.xml:9367
-msgid "EMI"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8020
-msgid "McCain, John"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8021 freeculture.xml:9368
-msgid "Universal Music Group"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8022
-msgid "Warner Music Group"
-msgstr ""
-
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7998
+#: freeculture.xml:8549
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, "
"Group, and EMI control 84.8 percent of the U.S. music market.<placeholder "
"type=\"footnote\" id=\"1\"/> The <quote>five largest cable companies pipe "
"programming to 74 percent of the cable subscribers "
-"nationwide.</quote><placeholder type=\"footnote\" id=\"2\"/> <placeholder "
-"type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" id=\"4\"/> "
-"<placeholder type=\"indexterm\" id=\"5\"/> <placeholder type=\"indexterm\" "
-"id=\"6\"/> <placeholder type=\"indexterm\" id=\"7\"/>"
+"nationwide.</quote><placeholder type=\"footnote\" id=\"2\"/>"
msgstr ""
#. PAGE BREAK 174
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8025
+#: freeculture.xml:8571
msgid ""
"The story with radio is even more dramatic. Before deregulation, the "
"nation's largest radio broadcasting conglomerate owned fewer than "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8036
+#: freeculture.xml:8583
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><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8050 freeculture.xml:8067
+#: freeculture.xml:8597 freeculture.xml:8614
msgid "Fallows, James"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8047
+#: freeculture.xml:8594
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><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:8065
+#: freeculture.xml:8612
msgid ""
"James Fallows, <quote>The Age of Murdoch,</quote> <citetitle>Atlantic "
"Monthly</citetitle> (September 2003): 89. <placeholder type=\"indexterm\" "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:8054
+#: freeculture.xml:8601
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><part><chapter><section><para>
-#: freeculture.xml:8072
+#: freeculture.xml:8619
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><part><chapter><section><figure><title>
-#: freeculture.xml:8078
+#: freeculture.xml:8625
msgid "Pattern of modern media ownership."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:8079
+#: freeculture.xml:8626
msgid "<graphic fileref=\"images/1761.png\"></graphic>"
msgstr ""
#. PAGE BREAK 175
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8083
+#: freeculture.xml:8630
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><part><chapter><section><para>
-#: freeculture.xml:8088
+#: freeculture.xml:8635
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><part><chapter><section><para>
-#: freeculture.xml:8094
+#: freeculture.xml:8641
msgid ""
"Here's a representative story that begins to suggest how this integration "
"may matter."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8097
+#: freeculture.xml:8644
msgid "Lear, Norman"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8099 freeculture.xml:8162
+#: freeculture.xml:8646 freeculture.xml:8709
msgid "All in the Family"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8101
+#: freeculture.xml:8648
msgid ""
"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 "
#. f29
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8113
+#: freeculture.xml:8660
msgid ""
"Leonard Hill, <quote>The Axis of Access,</quote> remarks before Weidenbaum "
"Center Forum, <quote>Entertainment Economics: The Movie Industry,</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8108
+#: freeculture.xml:8655
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><part><chapter><section><para>
-#: freeculture.xml:8124
+#: freeculture.xml:8671
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8143
+#: freeculture.xml:8690
msgid ""
"NewsCorp./DirecTV Merger and Media Consolidation: Hearings on Media "
"Ownership Before the Senate Commerce Committee, 108th Cong., 1st "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8133
+#: freeculture.xml:8680
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><part><chapter><section><para>
-#: freeculture.xml:8164
+#: freeculture.xml:8711
msgid ""
"Today, another Norman Lear with another <citetitle>All in the "
"Family</citetitle> would find that he had the choice either to make the show "
"increasingly owned by the network."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:8173
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8716
msgid "Diller, Barry"
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:8174
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8717
msgid "Moyers, Bill"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8170
+#: freeculture.xml:8719
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 "
-"Diller said to Bill Moyers, <placeholder type=\"indexterm\" id=\"0\"/> "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"Diller said to Bill Moyers,"
msgstr ""
#. f32
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:8187
+#: freeculture.xml:8734
msgid ""
"<quote>Barry Diller Takes on Media Deregulation,</quote> <citetitle>Now with "
"Bill Moyers</citetitle>, Bill Moyers, 25 April 2003, edited transcript "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:8178
+#: freeculture.xml:8725
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><part><chapter><section><para>
-#: freeculture.xml:8194
+#: freeculture.xml:8741
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8205
+#: freeculture.xml:8752
msgid "Clark, Kim B."
msgstr ""
#. f33
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8214
+#: freeculture.xml:8761
msgid ""
"Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The "
"Revolutionary National Bestseller that Changed the Way We Do "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8207
+#: freeculture.xml:8754
msgid ""
"Economics itself offers a parallel that explains why this integration "
"affects creativity. Clay Christensen has written about the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8231
+#: freeculture.xml:8778
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><part><chapter><section><para>
-#: freeculture.xml:8237
+#: freeculture.xml:8784
msgid ""
"But there is a quintessentially obvious example that does strongly suggest "
"the concern."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8241
+#: freeculture.xml:8788
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><part><chapter><section><para>
-#: freeculture.xml:8246
+#: freeculture.xml:8793
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><part><chapter><section><para>
-#: freeculture.xml:8265
+#: freeculture.xml:8812
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><part><chapter><section><para>
-#: freeculture.xml:8274
+#: freeculture.xml:8819
msgid ""
"Beginning in 1998, the Office of National Drug Control Policy launched a "
"media campaign as part of the <quote>war on drugs.</quote> The campaign "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8286
+#: freeculture.xml:8831
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><part><chapter><section><para>
-#: freeculture.xml:8290
+#: freeculture.xml:8835
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><part><chapter><section><para>
-#: freeculture.xml:8296
+#: freeculture.xml:8841
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><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8338
+#: freeculture.xml:8883
msgid "Comcast"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8339
+#: freeculture.xml:8884
msgid "Marijuana Policy Project"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8340
+#: freeculture.xml:8885
msgid "NBC"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8341
+#: freeculture.xml:8886
msgid "WJOA"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8342
+#: freeculture.xml:8887
msgid "WRC"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8313
+#: freeculture.xml:8858
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8303
+#: freeculture.xml:8848
msgid ""
"No. You cannot. Television stations have a general policy of avoiding "
"<quote>controversial</quote> ads. Ads sponsored by the government are deemed "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8347
+#: freeculture.xml:8892
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><part><chapter><section><title>
-#: freeculture.xml:8360
+#: freeculture.xml:8905
msgid "Together"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8362
+#: freeculture.xml:8907
msgid ""
"There is something innocent and obvious about the claim of the copyright "
"warriors that the government should <quote>protect my property.</quote> In "
#. PAGE BREAK 180
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8368
+#: freeculture.xml:8913
msgid ""
"But when we see how dramatically this <quote>property</quote> has "
"changed— when we recognize how it might now interact with both "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8384
+#: freeculture.xml:8929
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><part><chapter><section><para>
-#: freeculture.xml:8390
+#: freeculture.xml:8935
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><part><chapter><section><para>
-#: freeculture.xml:8402
+#: freeculture.xml:8947
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 "
#. PAGE BREAK 181
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8414
+#: freeculture.xml:8959
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8438
+#: freeculture.xml:8983
msgid ""
-"Siva Vaidhyanathan captures a similar point in his <quote>four "
-"surrenders</quote> of copyright law in the digital age. See Vaidhyanathan, "
-"159–60. <placeholder type=\"indexterm\" id=\"0\"/>"
+"<placeholder type=\"indexterm\" id=\"0\"/> Siva Vaidhyanathan captures a "
+"similar point in his <quote>four surrenders</quote> of copyright law in the "
+"digital age. See Vaidhyanathan, 159–60."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8423
+#: freeculture.xml:8968
msgid ""
"Not when copyrights were perpetual, for when copyrights were perpetual, they "
"affected only that precise creative work. Not when only publishers had the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8444
-msgid "This has been a long chapter. Its point can now be briefly stated."
+#: freeculture.xml:8989
+msgid ""
+"<emphasis role='strong'>This has been</emphasis> a long chapter. Its point "
+"can now be briefly stated."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8447
+#: freeculture.xml:8993
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><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:8459 freeculture.xml:8496
+#: freeculture.xml:9005 freeculture.xml:9042
msgid "PUBLISH"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:8460 freeculture.xml:8497 freeculture.xml:8535 freeculture.xml:8567
+#: freeculture.xml:9006 freeculture.xml:9043 freeculture.xml:9081 freeculture.xml:9113
msgid "TRANSFORM"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8465 freeculture.xml:8502 freeculture.xml:8540 freeculture.xml:8572
+#: freeculture.xml:9011 freeculture.xml:9048 freeculture.xml:9086 freeculture.xml:9118
msgid "Commercial"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8466 freeculture.xml:8503 freeculture.xml:8504 freeculture.xml:8541 freeculture.xml:8542 freeculture.xml:8573 freeculture.xml:8574 freeculture.xml:8578 freeculture.xml:8579
+#: freeculture.xml:9012 freeculture.xml:9049 freeculture.xml:9050 freeculture.xml:9087 freeculture.xml:9088 freeculture.xml:9119 freeculture.xml:9120 freeculture.xml:9124 freeculture.xml:9125
msgid "©"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8467 freeculture.xml:8471 freeculture.xml:8472 freeculture.xml:8508 freeculture.xml:8509 freeculture.xml:8547
+#: freeculture.xml:9013 freeculture.xml:9017 freeculture.xml:9018 freeculture.xml:9054 freeculture.xml:9055 freeculture.xml:9093
msgid "Free"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8470 freeculture.xml:8507 freeculture.xml:8545 freeculture.xml:8577
+#: freeculture.xml:9016 freeculture.xml:9053 freeculture.xml:9091 freeculture.xml:9123
msgid "Noncommercial"
msgstr ""
#. PAGE BREAK 182
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8479
+#: freeculture.xml:9025
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><part><chapter><section><para>
-#: freeculture.xml:8488
+#: freeculture.xml:9034
msgid "By the end of the nineteenth century, the law had changed to this:"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8516
+#: freeculture.xml:9062
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><part><chapter><section><para>
-#: freeculture.xml:8522
+#: freeculture.xml:9068
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><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:8534 freeculture.xml:8566
+#: freeculture.xml:9080 freeculture.xml:9112
msgid "COPY"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8546
+#: freeculture.xml:9092
msgid "©/Free"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8554
+#: freeculture.xml:9100
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><part><chapter><section><para>
-#: freeculture.xml:8586
+#: freeculture.xml:9132
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><part><chapter><section><para>
-#: freeculture.xml:8594
+#: freeculture.xml:9140
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><part><chapter><section><para>
-#: freeculture.xml:8600
+#: freeculture.xml:9146
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8624
+#: freeculture.xml:9170
msgid "legal realist movement"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8618
+#: freeculture.xml:9164
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8612
+#: freeculture.xml:9158
msgid ""
"The issue is therefore not simply whether copyright is property. Of course "
"copyright is a kind of <quote>property,</quote> and of course, as with any "
#. PAGE BREAK 184
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8637
+#: freeculture.xml:9183
msgid ""
"We achieved that free culture because our law respected important limits on "
"the scope of the interests protected by <quote>property.</quote> The very "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8656
+#: freeculture.xml:9202
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><part><title>
-#: freeculture.xml:8673
+#: freeculture.xml:9219
msgid "PUZZLES"
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:8677
+#: freeculture.xml:9223
msgid "CHAPTER ELEVEN: Chimera"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:8679
+#: freeculture.xml:9224
msgid "chimeras"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:8682
+#: freeculture.xml:9225
msgid "Wells, H. G."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:8685
+#: freeculture.xml:9226
msgid "<quote>Country of the Blind, The</quote> (Wells)"
msgstr ""
#. f1.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:8693
+#: freeculture.xml:9234
msgid ""
"H. G. Wells, <quote>The Country of the Blind</quote> (1904, 1911). See "
"H. G. Wells, <citetitle>The Country of the Blind and Other "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8689
+#: freeculture.xml:9229
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 "
-"the Peruvian Andes.<placeholder type=\"footnote\" id=\"0\"/> The valley is "
+"<emphasis role='strong'>In a well-known</emphasis> short story by "
+"H. G. Wells, a mountain climber named Nunez trips (literally, down an ice "
+"slope) into an unknown and isolated valley in the Peruvian "
+"Andes.<placeholder type=\"footnote\" id=\"0\"/> The valley is "
"extraordinarily beautiful, with <quote>sweet water, pasture, an even "
"climate, slopes of rich brown soil with tangles of a shrub that bore an "
"excellent fruit.</quote> But the villagers are all blind. Nunez takes this "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8705
+#: freeculture.xml:9246
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 "
#. PAGE BREAK 187
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8717
+#: freeculture.xml:9258
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><part><chapter><para>
-#: freeculture.xml:8728
+#: freeculture.xml:9269
msgid ""
"When Nunez announces his desire to marry his <quote>mysteriously "
"delighted</quote> love, the father and the village object. <quote>You see, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8734
+#: freeculture.xml:9275
msgid ""
"After a careful examination, the doctor gives his opinion. <quote>His brain "
"is affected,</quote> he reports."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8738
+#: freeculture.xml:9279
msgid ""
"<quote>What affects it?</quote> the father asks. <quote>Those queer things "
"that are called the eyes … are diseased … in such a way as to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8743
+#: freeculture.xml:9284
msgid ""
"The doctor continues: <quote>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 "
"eyes].</quote>"
msgstr ""
-#. PAGE BREAK 188
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8749
+#: freeculture.xml:9290
msgid ""
"<quote>Thank Heaven for science!</quote> says the father to the doctor. They "
"inform Nunez of this condition necessary for him to be allowed his bride. "
"(You'll have to read the original to learn what happens in the end. I "
-"believe in free culture, but never in giving away the end of a story.) It "
-"sometimes happens that the eggs of twins fuse in the mother's womb. That "
-"fusion produces a <quote>chimera.</quote> A chimera is a single creature "
-"with two sets of DNA. The DNA in the blood, for example, might be different "
-"from the DNA of the skin. This possibility is an underused plot for murder "
+"believe in free culture, but never in giving away the end of a story.)"
+msgstr ""
+
+#. PAGE BREAK 188
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:9296
+msgid ""
+"<emphasis role='strong'>It sometimes</emphasis> happens that the eggs of "
+"twins fuse in the mother's womb. That fusion produces a "
+"<quote>chimera.</quote> A chimera is a single creature with two sets of "
+"DNA. The DNA in the blood, for example, might be different from the DNA of "
+"the skin. This possibility is an underused plot for murder "
"mysteries. <quote>But the DNA shows with 100 percent certainty that she was "
"not the person whose blood was at the scene. …</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8766
+#: freeculture.xml:9310
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><part><chapter><para>
-#: freeculture.xml:8774
+#: freeculture.xml:9318
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><part><chapter><para>
-#: freeculture.xml:8788
+#: freeculture.xml:9332
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><part><chapter><para>
-#: freeculture.xml:8797
+#: freeculture.xml:9341
msgid ""
"Likewise, when the other side says, <quote>File sharing is just like walking "
"into a Tower Records and taking a CD off the shelf and walking out with "
#. PAGE BREAK 189
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8808
+#: freeculture.xml:9352
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><part><chapter><para>
-#: freeculture.xml:8818
+#: freeculture.xml:9362
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 "
"rules should govern it?"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9378 freeculture.xml:9664 freeculture.xml:10759
+msgid "ISPs (Internet service providers), user identities revealed by"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8864
+#: freeculture.xml:9409
msgid "Conyers, John, Jr."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8865 freeculture.xml:9573
+#: freeculture.xml:9410 freeculture.xml:10170
msgid "Berman, Howard L."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:8834
-msgid ""
-"For an excellent summary, see the report prepared by GartnerG2 and the "
-"Berkman Center for Internet and Society at Harvard Law School, "
-"<quote>Copyright and Digital Media in a Post-Napster World,</quote> 27 June "
+#: freeculture.xml:9378
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> For an excellent summary, see the "
+"report prepared by GartnerG2 and the Berkman Center for Internet and Society "
+"at Harvard Law School, <quote>Copyright and Digital Media in a Post-Napster "
+"World,</quote> 27 June 2003, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #33</ulink>. Reps. John 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, "
+"<quote>House Bill Aims to Up Stakes on Piracy,</quote> <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, "
+"<quote>Downloading Could Lead to Fines,</quote> redandblack.com, August "
"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#33</ulink>. Reps. John 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, <quote>House Bill Aims to Up Stakes on "
-"Piracy,</quote> <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, <quote>Downloading Could Lead to "
-"Fines,</quote> 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, "
-"<quote>RIAA Steps Up Bid to Force BC, MIT to Name Students,</quote> "
-"<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\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"#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, <quote>RIAA Steps Up Bid to Force BC, MIT to "
+"Name Students,</quote> <citetitle>Boston Globe</citetitle>, 8 August 2003, "
+"D3, available at <ulink url=\"http://free-culture.cc/notes/\">link "
+"#36</ulink>. <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
+"type=\"indexterm\" id=\"2\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8825
+#: freeculture.xml:9369
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><part><chapter><para>
-#: freeculture.xml:8871
+#: freeculture.xml:9416
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><part><chapter><para>
-#: freeculture.xml:8878
+#: freeculture.xml:9423
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 "
#. PAGE BREAK 190
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8890
+#: freeculture.xml:9435
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><part><chapter><para>
-#: freeculture.xml:8898
+#: freeculture.xml:9443
msgid ""
"I'm not talking about the opportunities for kids to <quote>steal</quote> "
"music. My focus instead is the commercial and cultural innovation that this "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:8911
+#: freeculture.xml:9456
msgid ""
"eMusic opposes music piracy. We are a distributor of copyrighted material, "
"and we want to protect those rights."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:8915
+#: freeculture.xml:9460
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><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:8932
+#: freeculture.xml:9477
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><part><chapter><blockquote><para>
-#: freeculture.xml:8922
+#: freeculture.xml:9467
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8946 freeculture.xml:9300
+#: freeculture.xml:9491 freeculture.xml:9864
msgid "Vivendi Universal"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8943
+#: freeculture.xml:9488
msgid ""
"In April 2001, eMusic.com was purchased by Vivendi Universal, one of "
"<quote>the major labels.</quote> Its position on these matters has now "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8949
+#: freeculture.xml:9494
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><part><chapter><title>
-#: freeculture.xml:8957
+#: freeculture.xml:9502
msgid "CHAPTER TWELVE: Harms"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8959
+#: freeculture.xml:9504
msgid ""
-"To fight <quote>piracy,</quote> to protect <quote>property,</quote> the "
-"content industry has launched a war. Lobbying and lots of campaign "
-"contributions have now brought the government into this war. As with any "
-"war, this one will have both direct and collateral damage. As with any war "
-"of prohibition, these damages will be suffered most by our own people."
+"<emphasis role='strong'>To fight</emphasis> <quote>piracy,</quote> to "
+"protect <quote>property,</quote> the content industry has launched a "
+"war. Lobbying and lots of campaign contributions have now brought the "
+"government into this war. As with any war, this one will have both direct "
+"and collateral damage. As with any war of prohibition, these damages will be "
+"suffered most by our own people."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8966
+#: freeculture.xml:9512
msgid ""
"My aim so far has been to describe the consequences of this war, in "
"particular, the consequences for <quote>free culture.</quote> But my aim now "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8972
+#: freeculture.xml:9518
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><part><chapter><para>
-#: freeculture.xml:8980
+#: freeculture.xml:9526
msgid ""
"Yet <quote>common sense</quote> does not see it this way. Common sense is "
"still on the side of the Causbys and the content industry. The extreme "
#. PAGE BREAK 193
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8988
+#: freeculture.xml:9534
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><part><chapter><section><title>
-#: freeculture.xml:8995
+#: freeculture.xml:9541
msgid "Constraining Creators"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8997
+#: freeculture.xml:9543
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><part><chapter><section><para>
-#: freeculture.xml:9012
+#: freeculture.xml:9558
msgid ""
"This digital <quote>capturing and sharing</quote> is in part an extension of "
"the capturing and sharing that has always been integral to our culture, and "
#. PAGE BREAK 194
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9023
+#: freeculture.xml:9569
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><part><chapter><section><para>
-#: freeculture.xml:9033
+#: freeculture.xml:9579
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 "
"presumptively illegal."
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:9061 freeculture.xml:9082
+#. type: Content of: <book><part><chapter><section><para><
footnote><para><indexterm><primary>
+#: freeculture.xml:9589 freeculture.xml:9612
msgid "Worldcom"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9592
+msgid "doctors malpractice claims against"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9056
+#: freeculture.xml:9607
msgid ""
"See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at "
"WorldCom</citetitle> (Hoboken, N.J.: John Wiley & Sons, 2003), 176, 204; "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9077
+#: freeculture.xml:9628
msgid "Bush, George W."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9068
+#: freeculture.xml:9619
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><part><chapter><section><para>
-#: freeculture.xml:9044
+#: freeculture.xml:9595
msgid ""
"That presumption will increasingly chill creativity, as the examples of "
"extreme penalties for vague infringements continue to proliferate. It is "
"damages for pain and suffering.<placeholder type=\"footnote\" id=\"1\"/> Can "
"common sense recognize the absurdity in a world where the maximum fine for "
"downloading two songs off the Internet is more than the fine for a doctor's "
-"negligently butchering a patient? <placeholder type=\"indexterm\" id=\"2\"/>"
+"negligently butchering a patient?"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9084
+#: freeculture.xml:9634
msgid "art, underground"
msgstr ""
#. f3.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9105
+#: freeculture.xml:9655
msgid ""
"See Danit Lidor, <quote>Artists Just Wanna Be Free,</quote> "
"<citetitle>Wired</citetitle>, 7 July 2003, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9086
+#: freeculture.xml:9636
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><part><chapter><section><para>
-#: freeculture.xml:9115
+#: freeculture.xml:9666
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 <xref xrefstyle=\"select: "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9127
+#: freeculture.xml:9679
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><part><chapter><section><para>
-#: freeculture.xml:9138
+#: freeculture.xml:9690
msgid ""
"Lawyers rarely see this because lawyers are rarely empirical. As I described "
"in chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"recorders\"/>, "
#. PAGE BREAK 196
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9149
+#: freeculture.xml:9701
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><part><chapter><section><para>
-#: freeculture.xml:9159
+#: freeculture.xml:9711
msgid ""
"Judges and lawyers can tell themselves that fair use provides adequate "
"<quote>breathing room</quote> between regulation by the law and the access "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9170
+#: freeculture.xml:9722
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><part><chapter><section><para>
-#: freeculture.xml:9181
+#: freeculture.xml:9733
msgid "As Jed Horovitz, the businessman behind Video Pipeline, said to me,"
msgstr ""
#. PAGE BREAK 197
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9185
+#: freeculture.xml:9737
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><part><chapter><section><title>
-#: freeculture.xml:9198
+#: freeculture.xml:9750
msgid "Constraining Innovators"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:9751
+msgid "innovation hampered by"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:9752
+msgid "industry establishment opposed to"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9200
+#: freeculture.xml:9755
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><part><chapter><section><para>
-#: freeculture.xml:9208
+#: freeculture.xml:9764
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 "
-"ideologue. And if you're one of these sorts (and a special one at that, 188 "
-"pages into a book like this), then you can see this other aspect by "
-"substituting <quote>free market</quote> every place I've spoken of "
-"<quote>free culture.</quote> The point is the same, even if the interests "
-"affecting culture are more fundamental."
+"ideologue. And if you're one of these sorts (and a special one at that, "
+"<xref xrefstyle=\"select: pagenumber\" linkend=\"innovators\"/> pages into a "
+"book like this), then you can see this other aspect by substituting "
+"<quote>free market</quote> every place I've spoken of <quote>free "
+"culture.</quote> The point is the same, even if the interests affecting "
+"culture are more fundamental."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9218
+#: freeculture.xml:9775
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9230 freeculture.xml:9338
+#: freeculture.xml:9788 freeculture.xml:9909 freeculture.xml:9915
msgid "Barry, Hank"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9789 freeculture.xml:9921
+msgid "venture capitalists"
+msgstr ""
+
#. PAGE BREAK 198
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9232
+#: freeculture.xml:9791
msgid ""
"This is the single most dramatic effect of the shift in regulatory strategy "
"that I described in chapter <xref xrefstyle=\"select: labelnumber\" "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9245
+#: freeculture.xml:9806
msgid ""
"Consider one example to make the point, a story whose beginning I told in "
"<citetitle>The Future of Ideas</citetitle> and which has progressed in a way "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9249
+#: freeculture.xml:9810
+msgid "MP3.com"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9811
+msgid "my.mp3.com"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9812
msgid "Roberts, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9251
+#: freeculture.xml:9814
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 "
"the creators."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:9822
+msgid "preference data on"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9259
+#: freeculture.xml:9824
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 "
"leverage the revealed preferences of music listeners to recommend new "
"artists. If you like Lyle Lovett, you're likely to enjoy Bonnie Raitt. And "
-"so on. <placeholder type=\"indexterm\" id=\"0\"/>"
+"so on."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9267
+#: freeculture.xml:9831
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><part><chapter><section><para>
-#: freeculture.xml:9279
+#: freeculture.xml:9843
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><part><chapter><section><para>
-#: freeculture.xml:9288
+#: freeculture.xml:9853
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, "
"something they had already bought."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:9865 freeculture.xml:9910
+msgid "distribution technology targeted in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:9870
+msgid "outsize penalties of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9303
+#: freeculture.xml:9872
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><part><chapter><section><para>
-#: freeculture.xml:9313
+#: freeculture.xml:9882
msgid "That part of the story I have told before. Now consider its conclusion."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9316
+#: freeculture.xml:9885
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><part><chapter><section><para>
-#: freeculture.xml:9326
+#: freeculture.xml:9896
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9337
+#: freeculture.xml:9911
+msgid "BMW"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9912
+msgid "cars, MP3 sound systems in"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9914
msgid "Hummer, John"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9339
+#: freeculture.xml:9916
msgid "Hummer Winblad"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9917
+msgid "MP3 players"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:9918
+msgid "venture capital for"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
+#: freeculture.xml:9919 freeculture.xml:9965
+msgid "Needleman, Rafe"
+msgstr ""
+
#. f4.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9347
+#: freeculture.xml:9929
msgid ""
"See Joseph Menn, <quote>Universal, EMI Sue Napster Investor,</quote> "
"<citetitle>Los Angeles Times</citetitle>, 23 April 2003. For a parallel "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9341
+#: freeculture.xml:9923
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 "
"(VC) that had funded Napster at a certain stage of its development, its "
-"cofounder (
John Hummer), and general partner (Hank Barry).<placeholder "
+"cofounder (John Hummer), and general partner (Hank Barry).<placeholder "
"type=\"footnote\" id=\"0\"/> The claim here, as well, was that the VC should "
"have recognized the right of the content industry to control how the "
"industry should develop. They should be held personally liable for funding a "
"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 <citetitle>Business 2.0</citetitle>, "
-"Rafe Needleman describes a discussion with BMW: <placeholder "
-"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/>"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary>
-#: freeculture.xml:9371
-msgid "BMW"
-msgstr ""
-
-#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9386
-msgid "Needleman, Rafe"
+"Rafe Needleman describes a discussion with BMW:"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:9382
+#: freeculture.xml:9961
msgid ""
"Rafe Needleman, <quote>Driving in Cars with MP3s,</quote> "
"<citetitle>Business 2.0</citetitle>, 16 June 2003, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9373
+#: freeculture.xml:9952
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><part><chapter><section><para>
-#: freeculture.xml:9391
+#: freeculture.xml:9973
msgid ""
"This is the world of the mafia—filled with <quote>your money or your "
"life</quote> offers, governed in the end not by courts but by the threats "
#. PAGE BREAK 201
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9401
+#: freeculture.xml:9983
msgid ""
"The point is not that businesses should have a right to start illegal "
"enterprises. The point is the definition of <quote>illegal.</quote> The law "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9416
+#: freeculture.xml:9998
msgid ""
"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 "
#. PAGE BREAK 202
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9428
+#: freeculture.xml:10010
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 "
"least do everything it can to limit the reach of the law where the law is "
"not doing any good. The transaction costs buried within a permission culture "
"are enough to bury a wide range of creativity. Someone needs to do a lot of "
-"justifying to justify that result. The uncertainty of the law is one burden "
+"justifying to justify that result."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para>
+#: freeculture.xml:10029
+msgid ""
+"<emphasis role='strong'>The uncertainty</emphasis> of the law is one burden "
"on innovation. There is a second burden that operates more directly. This is "
"the effort by many in the content industry to use the law to directly "
"regulate the technology of the Internet so that it better protects their "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9450
+#: freeculture.xml:10036
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9464
+#: freeculture.xml:10051
msgid ""
"<quote>Copyright and Digital Media in a Post-Napster World,</quote> "
"GartnerG2 and the Berkman Center for Internet and Society at Harvard Law "
#. f7.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9477
+#: freeculture.xml:10064
msgid "GartnerG2, 26–27."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9460
+#: freeculture.xml:10047
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><part><chapter><section><para>
-#: freeculture.xml:9481
+#: freeculture.xml:10068
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 "
"will likely be eclipsed by advances around exactly those requirements."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:10077 freeculture.xml:11987
+msgid "Intel"
+msgstr ""
+
#. f8.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9495
+#: freeculture.xml:10083
msgid ""
"See David McGuire, <quote>Tech Execs Square Off Over Piracy,</quote> "
"Newsbytes, February 2002 (Entertainment)."
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:9501 freeculture.xml:11342
-msgid "Intel"
-msgstr ""
-
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9491
+#: freeculture.xml:10079
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 "
"impose.<placeholder type=\"footnote\" id=\"0\"/> Their argument was "
"obviously not that copyright should not be protected. Instead, they argued, "
-"any protection should not do more harm than good. <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+"any protection should not do more harm than good."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9504
+#: freeculture.xml:10091
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 "
-"market crowd."
+"<emphasis role='strong'>There is one</emphasis> more obvious way in which "
+"this war has harmed innovation—again, a story that will be quite "
+"familiar to the free market crowd."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9509
+#: freeculture.xml:10096
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 "
"regulation the powerful use to defeat competitors."
msgstr ""
+#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
+#: freeculture.xml:10114
+msgid "Digital Copyright (Litman)"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9521
+#: freeculture.xml:10112
msgid ""
"Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst, N.Y.: "
-"Prometheus Books, 2001). <placeholder type=\"indexterm\" id=\"0\"/>"
+"Prometheus Books, 2001). <placeholder type=\"indexterm\" id=\"0\"/> "
+"<placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9515
+#: freeculture.xml:10106
msgid ""
"As I described in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"property-i\"/>, despite this feature of copyright as regulation, "
"and subject to important qualifications outlined by Jessica 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."
+"id=\"0\"/> overall this history of copyright is not bad. As chapter <xref "
+"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/> 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><part><chapter><section><para>
-#: freeculture.xml:9532
+#: freeculture.xml:10125
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 "
"effect of smothering the new to benefit the old."
msgstr ""
-#. f10.
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:10131
+msgid "radio on"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
+#: freeculture.xml:10136
+msgid "Grokster, Ltd."
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9541
-msgid ""
-"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 "
+#: freeculture.xml:10136
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> 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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9574
+#: freeculture.xml:10155
+msgid "Tauzin, Billy"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
+#: freeculture.xml:10171
msgid "Hollings, Fritz"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9559
-msgid ""
-"For example, in July 2002, Representative Howard Berman introduced the "
-"Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize "
-"copyright holders from liability for damage done to computers when the "
-"copyright holders use technology to stop copyright infringement. In August "
-"2002, Representative Billy Tauzin introduced a bill to mandate that "
-"technologies capable of rebroadcasting digital copies of films broadcast on "
-"TV (i.e., computers) respect a <quote>broadcast flag</quote> that would "
-"disable copying of that content. And in March of the same year, Senator "
-"Fritz Hollings introduced the Consumer Broadband and Digital Television "
-"Promotion Act, which mandated copyright protection technology in all digital "
-"media devices. See GartnerG2, <quote>Copyright and Digital Media in a "
-"Post-Napster World,</quote> 27 June 2003, 33–34, available at <ulink "
+#: freeculture.xml:10155
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> For example, in July 2002, "
+"Representative Howard Berman introduced the Peer-to-Peer Piracy Prevention "
+"Act (H.R. 5211), which would immunize copyright holders from liability for "
+"damage done to computers when the copyright holders use technology to stop "
+"copyright infringement. In August 2002, Representative Billy Tauzin "
+"introduced a bill to mandate that technologies capable of rebroadcasting "
+"digital copies of films broadcast on TV (i.e., computers) respect a "
+"<quote>broadcast flag</quote> that would disable copying of that "
+"content. And in March of the same year, Senator Fritz Hollings introduced "
+"the Consumer Broadband and Digital Television Promotion Act, which mandated "
+"copyright protection technology in all digital media devices. See GartnerG2, "
+"<quote>Copyright and Digital Media in a Post-Napster World,</quote> 27 June "
+"2003, 33–34, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #44</ulink>. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> "
+"<placeholder type=\"indexterm\" id=\"3\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9539
+#: freeculture.xml:10134
msgid ""
"The response by the courts has been fairly universal.<placeholder "
"type=\"footnote\" id=\"0\"/> It has been mirrored in the responses "
"demise of Internet radio."
msgstr ""
+#. PAGE BREAK 204
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9586
+#: freeculture.xml:10182
msgid ""
"As I described in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"pirates\"/>, when a radio station plays a song, the recording "
"performance before President Kennedy at Madison Square Garden— then "
"whenever that recording was played on the radio, the current copyright "
"owners of <quote>Happy Birthday</quote> would get some money, whereas "
-"Marilyn Monroe would not. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Marilyn Monroe would not."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9598
+#: freeculture.xml:10193
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><part><chapter><section><para>
-#: freeculture.xml:9609
+#: freeculture.xml:10204
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><part><chapter><section><para>
-#: freeculture.xml:9618
+#: freeculture.xml:10213
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><part><chapter><section><para>
-#: freeculture.xml:9634
+#: freeculture.xml:10229
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><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:9658
+#: freeculture.xml:10253
msgid "Lessing, 239."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9644
+#: freeculture.xml:10239
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9668
+#: freeculture.xml:10263
msgid "Ibid., 229."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9663
+#: freeculture.xml:10258
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><part><chapter><section><para>
-#: freeculture.xml:9673
+#: freeculture.xml:10268
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 "
"what copyright rules would govern Internet radio?"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:10277
+msgid "on radio"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:10281
+msgid "Internet radio hampered by"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:10282 freeculture.xml:10435
+msgid "on Internet radio fees"
+msgstr ""
+
#. PAGE BREAK 206
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9685
+#: freeculture.xml:10285
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9724
+#: freeculture.xml:10324
msgid "CARP (Copyright Arbitration Royalty Panel)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9707
+#: freeculture.xml:10307
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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9700
+#: freeculture.xml:10300
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><part><chapter><section><para>
-#: freeculture.xml:9732
+#: freeculture.xml:10336
msgid ""
"The burden is not financial only. Under the original rules that were "
"proposed, an Internet radio station (but not a terrestrial radio station) "
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9740
+#: freeculture.xml:10344
msgid "name of the service;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9743
+#: freeculture.xml:10347
msgid "channel of the program (AM/FM stations use station ID);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9746
+#: freeculture.xml:10350
msgid "type of program (archived/looped/live);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9749
+#: freeculture.xml:10353
msgid "date of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9752
+#: freeculture.xml:10356
msgid "time of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9755
+#: freeculture.xml:10359
msgid "time zone of origination of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9758
+#: freeculture.xml:10362
msgid "numeric designation of the place of the sound recording within the program;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9761
+#: freeculture.xml:10365
msgid "duration of transmission (to nearest second);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9764
+#: freeculture.xml:10368
msgid "sound recording title;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9767
+#: freeculture.xml:10371
msgid "ISRC code of the recording;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9770
+#: freeculture.xml:10374
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><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9773
+#: freeculture.xml:10377
msgid "featured recording artist;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9776
+#: freeculture.xml:10380
msgid "retail album title;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9779
+#: freeculture.xml:10383
msgid "recording label;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9782
+#: freeculture.xml:10386
msgid "UPC code of the retail album;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9785
+#: freeculture.xml:10389
msgid "catalog number;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9788
+#: freeculture.xml:10392
msgid "copyright owner information;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9791
+#: freeculture.xml:10395
msgid "musical genre of the channel or program (station format);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9794
+#: freeculture.xml:10398
msgid "name of the service or entity;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9797
+#: freeculture.xml:10401
msgid "channel or program;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9800
+#: freeculture.xml:10404
msgid "date and time that the user logged in (in the user's time zone);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9803
+#: freeculture.xml:10407
msgid "date and time that the user logged out (in the user's time zone);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9806
+#: freeculture.xml:10410
msgid "time zone where the signal was received (user);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9809
+#: freeculture.xml:10413
msgid "unique user identifier;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9812
+#: freeculture.xml:10416
msgid "the country in which the user received the transmissions."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9817
+#: freeculture.xml:10421
msgid ""
"The Librarian of Congress eventually suspended these reporting requirements, "
"pending further study. And he also changed the original rates set by the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9825
+#: freeculture.xml:10429
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><section><section><indexterm><primary>
-#: freeculture.xml:9829 freeculture.xml:14456
+#: freeculture.xml:10433 freeculture.xml:15238
msgid "Real Networks"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9834
+#: freeculture.xml:10439
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><part><chapter><section><blockquote><para>
-#: freeculture.xml:9840
+#: freeculture.xml:10445
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><part><chapter><section><blockquote><para>
-#: freeculture.xml:9859
+#: freeculture.xml:10461
msgid ""
"And the RIAA experts said, <quote>Well, we don't really model this as an "
"industry with thousands of webcasters, <emphasis>we think it should be an "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9868
+#: freeculture.xml:10473
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><part><chapter><section><title>
-#: freeculture.xml:9878
+#: freeculture.xml:10489
msgid "Corrupting Citizens"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9880
+#: freeculture.xml:10491
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><part><chapter><section><para>
-#: freeculture.xml:9886
+#: freeculture.xml:10497
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9895
+#: freeculture.xml:10506
msgid ""
"Mike Graziano and Lee Rainie, <quote>The Music Downloading Deluge,</quote> "
"Pew Internet and American Life Project (24 April 2001), available at <ulink "
#. PAGE BREAK 209
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9891
+#: freeculture.xml:10502
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 "
#. f16.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9929
+#: freeculture.xml:10540
msgid ""
"Alex Pham, <quote>The Labels Strike Back: N.Y. Girl Settles RIAA "
"Case,</quote> <citetitle>Los Angeles Times</citetitle>, 10 September 2003, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9916
+#: freeculture.xml:10527
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 "
"that those with the power can use the law to quash any rights they oppose."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:10551
+msgid "alcohol prohibition"
+msgstr ""
+
#. f17.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9951
+#: freeculture.xml:10563
msgid ""
"Jeffrey A. Miron and Jeffrey Zwiebel, <quote>Alcohol Consumption During "
"Prohibition,</quote> <citetitle>American Economic Review</citetitle> 81, "
#. f18.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9959
+#: freeculture.xml:10571
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9969
+#: freeculture.xml:10581
msgid ""
"See James Andreoni, Brian Erard, and Jonathon Feinstein, <quote>Tax "
"Compliance,</quote> <citetitle>Journal of Economic Literature</citetitle> 36 "
"(1998): 818 (survey of compliance literature)."
msgstr ""
-#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:9976
-msgid "alcohol prohibition"
-msgstr ""
-
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9941
+#: freeculture.xml:10553
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 "
"type=\"footnote\" id=\"2\"/> We pride ourselves on our <quote>free "
"society,</quote> but an endless array of ordinary behavior is regulated "
"within our society. And as a result, a huge proportion of Americans "
-"regularly violate at least some law. <placeholder type=\"indexterm\" "
-"id=\"3\"/>"
+"regularly violate at least some law."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:9994
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:10589
msgid "law schools"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9979
+#: freeculture.xml:10591
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 "
"case is over. Generations of Americans—more significantly in some "
"parts of America than in others, but still, everywhere in America "
"today—can't live their lives both normally and legally, since "
-"<quote>normally</quote> entails a certain degree of illegality. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"<quote>normally</quote> entails a certain degree of illegality."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9997
+#: freeculture.xml:10608
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><part><chapter><section><para>
-#: freeculture.xml:10010
+#: freeculture.xml:10621
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><part><chapter><section><para>
-#: freeculture.xml:10017
+#: freeculture.xml:10628
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><part><chapter><section><para>
-#: freeculture.xml:10031
+#: freeculture.xml:10642
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><part><chapter><section><para>
-#: freeculture.xml:10043
+#: freeculture.xml:10654
msgid "This abstract point can be made more clear with a particular example."
msgstr ""
#. PAGE BREAK 212
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10046
+#: freeculture.xml:10657
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><part><chapter><section><para>
-#: freeculture.xml:10057
+#: freeculture.xml:10668
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><part><chapter><section><indexterm><primary>
-#: freeculture.xml:10065
-msgid "Adromeda"
+#: freeculture.xml:10676
+msgid "Andromeda"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><secondary>
+#: freeculture.xml:10677
+msgid "mix technology and"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10067
+#: freeculture.xml:10679
msgid ""
"This <quote>use</quote> 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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10078
+#: freeculture.xml:10690
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><part><chapter><section><para>
-#: freeculture.xml:10088
+#: freeculture.xml:10700
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><part><chapter><section><para>
-#: freeculture.xml:10102
+#: freeculture.xml:10715
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><part><chapter><section><para>
-#: freeculture.xml:10111
+#: freeculture.xml:10724
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><part><chapter><section><para>
-#: freeculture.xml:10122
+#: freeculture.xml:10735
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><part><chapter><section><para>
-#: freeculture.xml:10131
+#: freeculture.xml:10744
msgid ""
"Except that this generation's buggy manufacturers have already saddled "
"Congress, and are riding the law to protect themselves against this new form "
"as criminals and their own survival."
msgstr ""
+#. PAGE BREAK 214
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10137
+#: freeculture.xml:10750
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; "
"but not so charming as to justify giving up a tradition as deep and "
-"important as our tradition of free culture. There's one more aspect to this "
+"important as our tradition of free culture."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para>
+#: freeculture.xml:10761
+msgid ""
+"<emphasis role='strong'>There's one more</emphasis> aspect to this "
"corruption that is particularly important to civil liberties, and follows "
"directly from any war of prohibition. As Electronic Frontier Foundation "
"attorney Fred von Lohmann describes, this is the <quote>collateral "
"damage</quote> that <quote>arises whenever you turn a very large percentage "
"of the population into criminals.</quote> This is the collateral damage to "
-"civil liberties generally. <placeholder type=\"indexterm\" id=\"0\"/>"
+"civil liberties generally."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:10156 freeculture.xml:10265
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:10769 freeculture.xml:10869
msgid "von Lohmann, Fred"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10154
+#: freeculture.xml:10771
msgid ""
"<quote>If you can treat someone as a putative lawbreaker,</quote> von "
-"Lohmann explains, <placeholder type=\"indexterm\" id=\"0\"/>"
+"Lohmann explains,"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:10160
+#: freeculture.xml:10776
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><part><chapter><section><para>
-#: freeculture.xml:10172
+#: freeculture.xml:10788
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><part><chapter><section><para>
-#: freeculture.xml:10177
+#: freeculture.xml:10793
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10195
+#: freeculture.xml:10811
msgid ""
"See Frank Ahrens, <quote>RIAA's Lawsuits Meet Surprised Targets; Single "
"Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10186
+#: freeculture.xml:10802
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10213
+#: freeculture.xml:10829
msgid ""
"See <quote>Revealed: How RIAA Tracks Downloaders: Music Industry Discloses "
"Some Methods Used,</quote> CNN.com, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10209
+#: freeculture.xml:10825
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><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10234
+#: freeculture.xml:10850
msgid ""
"See Jeff Adler, <quote>Cambridge: On Campus, Pirates Are Not "
"Penitent,</quote> <citetitle>Boston Globe</citetitle>, 18 May 2003, City "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10222
+#: freeculture.xml:10838
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 "
"network. She can, in some cases, be expelled."
msgstr ""
+#. PAGE BREAK 216
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10253
+#: freeculture.xml:10871
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 "
"<quote>contraband</quote> as presumptive of guilt. And as any number of "
"college students have already learned, our presumptions about innocence "
"disappear in the middle of wars of prohibition. This war is no different. "
-"Says von Lohmann, <placeholder type=\"indexterm\" id=\"0\"/>"
+"Says von Lohmann,"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:10269
+#: freeculture.xml:10886
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><part><chapter><section><para>
-#: freeculture.xml:10289
+#: freeculture.xml:10906
msgid ""
"When forty to sixty million Americans are considered "
"<quote>criminals</quote> under the law, and when the law could achieve the "
msgstr ""
#. type: Content of: <book><part><title>
-#: freeculture.xml:10302
+#: freeculture.xml:10919
msgid "BALANCES"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10307
+#: freeculture.xml:10924
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 "
-"fire. Now you don't know how to put it out. Next to you is a bucket, filled "
-"with gasoline. Obviously, gasoline won't put the fire out."
+"<emphasis role='strong'>So here's</emphasis> 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 fire. Now you don't know how to put it "
+"out. Next to you is a bucket, filled with gasoline. Obviously, gasoline "
+"won't put the fire out."
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10313
+#: freeculture.xml:10931
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><part><partintro><para>
-#: freeculture.xml:10321
+#: freeculture.xml:10939
msgid ""
-"A war about copyright rages all around—and we're all focusing on the "
-"wrong thing. No doubt, current technologies threaten existing businesses. "
-"No doubt they may threaten artists. But technologies change. The industry "
-"and technologists have plenty of ways to use technology to protect "
-"themselves against the current threats of the Internet. This is a fire that "
-"if let alone would burn itself out."
+"<emphasis role='strong'>A war</emphasis> about copyright rages all "
+"around—and we're all focusing on the wrong thing. No doubt, current "
+"technologies threaten existing businesses. No doubt they may threaten "
+"artists. But technologies change. The industry and technologists have "
+"plenty of ways to use technology to protect themselves against the current "
+"threats of the Internet. This is a fire that if let alone would burn itself "
+"out."
msgstr ""
#. PAGE BREAK 219
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10330
+#: freeculture.xml:10949
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><part><partintro><para>
-#: freeculture.xml:10338
+#: freeculture.xml:10957
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><part><partintro><para>
-#: freeculture.xml:10343
+#: freeculture.xml:10962
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><part><partintro><para>
-#: freeculture.xml:10349
+#: freeculture.xml:10968
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><part><chapter><title>
-#: freeculture.xml:10359
+#: freeculture.xml:10978
msgid "CHAPTER THIRTEEN: Eldred"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10361
+#: freeculture.xml:10979
+msgid "Eldred, Eric"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:10980
msgid "Hawthorne, Nathaniel"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10364
+#: freeculture.xml:10982
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 "
-"did something about it. Eric Eldred, a retired computer programmer living in "
-"New Hampshire, decided to put Hawthorne on the Web. An electronic version, "
-"Eldred thought, with links to pictures and explanatory text, would make this "
-"nineteenth-century author's work come alive."
+"<emphasis role='strong'>In 1995</emphasis>, 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 did something about it. Eric Eldred, a retired "
+"computer programmer living in New Hampshire, decided to put Hawthorne on the "
+"Web. An electronic version, Eldred thought, with links to pictures and "
+"explanatory text, would make this nineteenth-century author's work come "
+"alive."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:10990
+msgid "of public-domain literature"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:10991
+msgid "library of works derived from"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10373
+#: freeculture.xml:10993
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><part><chapter><para>
-#: freeculture.xml:10380
+#: freeculture.xml:11002
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 "
"accessible—technically accessible—today."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11012
+msgid "Scarlet Letter, The (Hawthorne)"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10391
+#: freeculture.xml:11014
msgid ""
"Eldred's freedom to do this with Hawthorne's work grew from the same source "
"as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed "
"works."
msgstr ""
-#. f1.
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11039 freeculture.xml:12086
+msgid "pornography"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10415
+#: freeculture.xml:11039
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 "
-"noncommercial pornographers—people who were distributing porn but were "
-"not making money directly or indirectly from that distribution. Such a "
-"class didn't exist before the Internet came into being because the costs of "
-"distributing porn were so high. Yet this new class of distributors got "
-"special attention in the Supreme Court, when the Court struck down the "
-"Communications Decency Act of 1996. It was partly because of the burden on "
-"noncommercial speakers that the statute was found to exceed Congress's "
-"power. The same point could have been made about noncommercial publishers "
-"after the advent of the Internet. The Eric Eldreds of the world before the "
-"Internet were extremely few. Yet one would think it at least as important to "
-"protect the Eldreds of the world as to protect noncommercial pornographers."
+"<placeholder type=\"indexterm\" id=\"0\"/> 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 noncommercial "
+"pornographers—people who were distributing porn but were not making "
+"money directly or indirectly from that distribution. Such a class didn't "
+"exist before the Internet came into being because the costs of distributing "
+"porn were so high. Yet this new class of distributors got special attention "
+"in the Supreme Court, when the Court struck down the Communications Decency "
+"Act of 1996. It was partly because of the burden on noncommercial speakers "
+"that the statute was found to exceed Congress's power. The same point could "
+"have been made about noncommercial publishers after the advent of the "
+"Internet. The Eric Eldreds of the world before the Internet were extremely "
+"few. Yet one would think it at least as important to protect the Eldreds of "
+"the world as to protect noncommercial pornographers."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10404
+#: freeculture.xml:11028
msgid ""
"The Internet created the possibility of noncommercial publications of public "
"domain works. Eldred's is just one example. There are literally thousands of "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11059
+msgid "Frost, Robert"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11060
+msgid "New Hampshire (Frost)"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10432
+#: freeculture.xml:11064
msgid ""
"As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's collection "
"of poems <citetitle>New Hampshire</citetitle> was slated to pass into the "
"period, more than 1 million patents will pass into the public domain."
msgstr ""
-#. f2.
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:11079 freeculture.xml:11091
+msgid "Bono, Mary"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:11080 freeculture.xml:11092
+msgid "Bono, Sonny"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10453
-msgid ""
-"The full text is: <quote>Sonny [Bono] wanted the term of copyright "
-"protection to last forever. I am informed by staff that such a change would "
-"violate the Constitution. I invite all of you to work with me to strengthen "
-"our copyright laws in all of the ways available to us. As you know, there is "
-"also Jack Valenti's proposal for a term to last forever less one "
-"day. Perhaps the Committee may look at that next Congress,</quote> 144 "
+#: freeculture.xml:11091
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> The full text is: <quote>Sonny [Bono] wanted the term of "
+"copyright protection to last forever. I am informed by staff that such a "
+"change would violate the Constitution. I invite all of you to work with me "
+"to strengthen our copyright laws in all of the ways available to us. As you "
+"know, there is also Jack Valenti's proposal for a term to last forever less "
+"one day. Perhaps the Committee may look at that next Congress,</quote> 144 "
"Cong. Rec. H9946, 9951-2 (October 7, 1998)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10448
+#: freeculture.xml:11086
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, "
"forever.</quote><placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:11103
+msgid "felony punishment for infringement of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11104
+msgid "NET (No Electronic Theft) Act (1998)"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11105
+msgid "No Electronic Theft (NET) Act (1998)"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:11106
+msgid "felony punishments for"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10464
+#: freeculture.xml:11108
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 "
"dangerous strategy for a disabled programmer to undertake."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:11117 freeculture.xml:12054
+msgid "constitutional powers of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:11120 freeculture.xml:11166
+msgid "Eldred case involvement of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10473
+#: freeculture.xml:11122
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><part><chapter><blockquote><para>
-#: freeculture.xml:10484
+#: freeculture.xml:11133
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><part><chapter><para>
-#: freeculture.xml:10490
+#: freeculture.xml:11140
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 "
"<quote>for limited Times.</quote>"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:10509 freeculture.xml:11978
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11152 freeculture.xml:12648
msgid "Jaszi, Peter"
msgstr ""
+#. PAGE BREAK 223
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10500
+#: freeculture.xml:11154
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 "
"effect. If every time a copyright is about to expire, Congress has the power "
"to extend its term, then Congress can achieve what the Constitution plainly "
"forbids—perpetual terms <quote>on the installment plan,</quote> as "
-"Professor Peter Jaszi so nicely put it. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"Professor Peter Jaszi so nicely put it."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10512
+#: freeculture.xml:11168
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><part><chapter><para>
-#: freeculture.xml:10523
+#: freeculture.xml:11179
msgid ""
"For this is the core of the corruption in our present system of "
"government. <quote>Corruption</quote> not in the sense that representatives "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10532
+#: freeculture.xml:11188
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><part><chapter><para>
-#: freeculture.xml:10542
+#: freeculture.xml:11198
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><part><chapter><para>
-#: freeculture.xml:10549
+#: freeculture.xml:11205
msgid ""
"<quote>Next year,</quote> the adviser announces, <quote>our copyrights in "
"works A, B, and C will expire. That means that after next year, we will no "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10557
+#: freeculture.xml:11213
msgid ""
"<quote>There's a proposal in Congress, however,</quote> she continues, "
"<quote>that could change this. A few congressmen are floating a bill to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10563
+#: freeculture.xml:11219
msgid ""
"<quote>Hope?</quote> a fellow board member says. <quote>Can't we be doing "
"something about it?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10567
+#: freeculture.xml:11223
msgid ""
"<quote>Well, obviously, yes,</quote> the adviser responds. <quote>We could "
"contribute to the campaigns of a number of representatives to try to assure "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10572
+#: freeculture.xml:11228
msgid ""
"You hate politics. You hate contributing to campaigns. So you want to know "
"whether this disgusting practice is worth it. <quote>How much would we get "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10578
+#: freeculture.xml:11234
msgid ""
"<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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10584
+#: freeculture.xml:11240
msgid ""
"You're a bit shocked by the number, but you quickly come to the correct "
"conclusion:"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10588
+#: freeculture.xml:11244
msgid ""
"<quote>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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10594
+#: freeculture.xml:11250
msgid ""
"<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 "
#. PAGE BREAK 225
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10600
+#: freeculture.xml:11256
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><part><chapter><para>
-#: freeculture.xml:10611
+#: freeculture.xml:11267
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><part><chapter><para><footnote><para>
-#: freeculture.xml:10623
+#: freeculture.xml:11279
msgid ""
"Associated Press, <quote>Disney Lobbying for Copyright Extension No Mickey "
"Mouse Effort; Congress OKs Bill Granting Creators 20 More Years,</quote> "
#. f4.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10630
+#: freeculture.xml:11286
msgid ""
"See Nick Brown, <quote>Fair Use No More?: Copyright in the Information "
"Age,</quote> available at <ulink url=\"http://free-culture.cc/notes/\">link "
#. f5.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10638
+#: freeculture.xml:11294
msgid ""
"Alan K. Ota, <quote>Disney in Washington: The Mouse That Roars,</quote> "
"<citetitle>Congressional Quarterly This Week</citetitle>, 8 August 1990, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10616
+#: freeculture.xml:11272
msgid ""
"In the lobbying that led to the passage of the Sonny Bono Copyright Term "
"Extension Act, this <quote>theory</quote> about incentives was proved "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10645
+#: freeculture.xml:11301
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 "
-"never-ending incentives to increase the copyright term was central to my "
-"thinking. In my view, a pragmatic court committed to interpreting and "
-"applying the Constitution of our framers would see that if Congress has the "
-"power to extend existing terms, then there would be no effective "
-"constitutional requirement that terms be <quote>limited.</quote> If they "
-"could extend it once, they would extend it again and again and again."
+"<emphasis role='strong'>Constitutional law</emphasis> 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 never-ending incentives to increase the "
+"copyright term was central to my thinking. In my view, a pragmatic court "
+"committed to interpreting and applying the Constitution of our framers would "
+"see that if Congress has the power to extend existing terms, then there "
+"would be no effective constitutional requirement that terms be "
+"<quote>limited.</quote> If they could extend it once, they would extend it "
+"again and again and again."
msgstr ""
#. PAGE BREAK 226
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10658
+#: freeculture.xml:11316
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10671
+#: freeculture.xml:11329
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><part><chapter><para>
-#: freeculture.xml:10681
+#: freeculture.xml:11339
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><part><chapter><indexterm><primary>
-#: freeculture.xml:10687 freeculture.xml:11471
+#: freeculture.xml:11345 freeculture.xml:12135
msgid "Rehnquist, William H."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10689
+#: freeculture.xml:11347
msgid ""
"The Supreme Court, under Chief Justice Rehnquist's command, changed that in "
"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>. The "
#. f6.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10704
+#: freeculture.xml:11362
msgid ""
"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>, 514 "
"U.S. 549, 564 (1995)."
#. f7.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10711
+#: freeculture.xml:11369
msgid ""
"<citetitle>United States</citetitle> v. <citetitle>Morrison</citetitle>, 529 "
"U.S. 598 (2000)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10702
+#: freeculture.xml:11360
msgid ""
"<quote>We pause to consider the implications of the government's "
"arguments,</quote> the Chief Justice wrote.<placeholder type=\"footnote\" "
#. f8.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10718
+#: freeculture.xml:11376
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><part><chapter><para>
-#: freeculture.xml:10715
+#: freeculture.xml:11373
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><part><chapter><para>
-#: freeculture.xml:10739
+#: freeculture.xml:11397
msgid ""
"<emphasis>If</emphasis>, that is, the principle announced in "
"<citetitle>Lopez</citetitle> stood for a principle. Many believed the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10752
+#: freeculture.xml:11414
msgid ""
-"Now let's pause for a moment to make sure we understand what the argument in "
-"<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."
+"<emphasis role='strong'>Now let's pause</emphasis> for a moment to make sure "
+"we understand what the argument in <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 ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11431
+msgid "Nashville Songwriters Association"
msgstr ""
#. f9.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10775
+#: freeculture.xml:11439
msgid ""
"Brief of the Nashville Songwriters Association, "
"<citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.S. "
"url=\"http://free-culture.cc/notes/\">link #51</ulink>."
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:10783
-msgid "Nashville Songwriters Association"
-msgstr ""
-
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10769
+#: freeculture.xml:11433
msgid ""
"Some people view the public domain with contempt. In their brief before the "
"Supreme Court, the Nashville Songwriters Association wrote that the public "
"type=\"footnote\" id=\"0\"/> But it is not piracy when the law allows it; "
"and in our constitutional system, our law requires it. Some may not like the "
"Constitution's requirements, but that doesn't make the Constitution a "
-"pirate's charter. <placeholder type=\"indexterm\" id=\"1\"/>"
+"pirate's charter."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10786
+#: freeculture.xml:11449
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><part><chapter><para>
-#: freeculture.xml:10798
+#: freeculture.xml:11461
msgid ""
-"It is valuable copyrights that are responsible for terms being extended. "
-"Mickey Mouse and <quote>Rhapsody in Blue.</quote> These works are too "
-"valuable for copyright owners to ignore. But the real harm to our society "
-"from copyright extensions is not that Mickey Mouse remains Disney's. Forget "
-"Mickey Mouse. Forget Robert Frost. Forget all the works from the 1920s and "
-"1930s that have continuing commercial value. The real harm of term extension "
-"comes not from these famous works. The real harm is to the works that are "
-"not famous, not commercially exploited, and no longer available as a result."
+"<emphasis role='strong'>It is valuable</emphasis> copyrights that are "
+"responsible for terms being extended. Mickey Mouse and <quote>Rhapsody in "
+"Blue.</quote> These works are too valuable for copyright owners to "
+"ignore. But the real harm to our society from copyright extensions is not "
+"that Mickey Mouse remains Disney's. Forget Mickey Mouse. Forget Robert "
+"Frost. Forget all the works from the 1920s and 1930s that have continuing "
+"commercial value. The real harm of term extension comes not from these "
+"famous works. The real harm is to the works that are not famous, not "
+"commercially exploited, and no longer available as a result."
msgstr ""
#. f10.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10819
+#: freeculture.xml:11479
msgid ""
"The figure of 2 percent is an extrapolation from the study by the "
"Congressional Research Service, in light of the estimated renewal "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10813
+#: freeculture.xml:11473
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><part><chapter><para>
-#: freeculture.xml:10828
+#: freeculture.xml:11488
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><part><chapter><para>
-#: freeculture.xml:10841
+#: freeculture.xml:11501
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><part><chapter><para>
-#: freeculture.xml:10849
+#: freeculture.xml:11509
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><part><chapter><para>
-#: freeculture.xml:10853
+#: freeculture.xml:11513
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><part><chapter><para>
-#: freeculture.xml:10860
+#: freeculture.xml:11520
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><part><chapter><para>
-#: freeculture.xml:10869
+#: freeculture.xml:11529
msgid ""
"<quote>But there isn't a list of who owns property generally,</quote> the "
"apologists for the system respond. <quote>Why should there be a list of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10874
+#: freeculture.xml:11534
msgid ""
"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 "
#. PAGE BREAK 230
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10883
+#: freeculture.xml:11543
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><part><chapter><para>
-#: freeculture.xml:10898
+#: freeculture.xml:11558
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><part><chapter><para>
-#: freeculture.xml:10910
+#: freeculture.xml:11570
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><part><chapter><indexterm><primary>
-#: freeculture.xml:10916
+#: freeculture.xml:11575
msgid "Agee, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10918 freeculture.xml:11354
+#: freeculture.xml:11576 freeculture.xml:12011
msgid "Hal Roach Studios"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10919
+#: freeculture.xml:11577
msgid "Laurel and Hardy Films"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11578
+msgid "Lucky Dog, The"
+msgstr ""
+
#. f11.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10932
+#: freeculture.xml:11591
msgid ""
"See David G. Savage, <quote>High Court Scene of Showdown on Copyright "
"Law,</quote> <citetitle>Los Angeles Times</citetitle>, 6 October 2002; David "
"<citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002."
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:10938
-msgid "Lucky Dog, The"
-msgstr ""
-
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10921
+#: freeculture.xml:11580
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 "
"controls the exclusive rights for these popular films, he makes a great deal "
"of money. According to one estimate, <quote>Roach has sold about 60,000 "
"videocassettes and 50,000 DVDs of the duo's silent "
-"films.</quote><placeholder type=\"footnote\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+"films.</quote><placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10941
+#: freeculture.xml:11598
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><part><chapter><para>
-#: freeculture.xml:10947
+#: freeculture.xml:11604
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><part><chapter><para><footnote><para>
-#: freeculture.xml:10965
+#: freeculture.xml:11622
msgid ""
"Brief of Hal Roach Studios and Michael Agee as Amicus Curiae Supporting the "
"Petitoners, <citetitle>Eldred</citetitle> "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10958
+#: freeculture.xml:11615
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 "
"technology has lowered these costs substantially. While it cost more than "
"$10,000 to restore a ninety-minute black-and-white film in 1993, it can now "
-"cost as little as $100 to digitize one hour of mm film.<placeholder "
+"cost as little as $100 to digitize one hour of
8 mm film.<placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10975
+#: freeculture.xml:11632
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><part><chapter><para>
-#: freeculture.xml:10983
+#: freeculture.xml:11640
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10991
+#: freeculture.xml:11648
msgid ""
"<quote>But can't you just restore the film, distribute it, and then pay the "
"copyright owner when she shows up?</quote> Sure, if you want to commit a "
#. PAGE BREAK 232
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11002
+#: freeculture.xml:11659
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><part><chapter><para>
-#: freeculture.xml:11013
+#: freeculture.xml:11670
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><part><chapter><para>
-#: freeculture.xml:11021
+#: freeculture.xml:11678
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 "
-"crucially important legal device. For that tiny fraction, the copyright "
-"creates incentives to produce and distribute the creative work. For that "
-"tiny fraction, the copyright acts as an <quote>engine of free "
-"expression.</quote>"
+"<emphasis role='strong'>Of all the</emphasis> creative work produced by "
+"humans anywhere, a tiny fraction has continuing commercial value. For that "
+"tiny fraction, the copyright is a crucially important legal device. For that "
+"tiny fraction, the copyright creates incentives to produce and distribute "
+"the creative work. For that tiny fraction, the copyright acts as an "
+"<quote>engine of free expression.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11030
+#: freeculture.xml:11686
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><part><chapter><para>
-#: freeculture.xml:11040
+#: freeculture.xml:11696
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><part><chapter><para>
-#: freeculture.xml:11053
+#: freeculture.xml:11709
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><part><chapter><para>
-#: freeculture.xml:11060
+#: freeculture.xml:11716
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11071
+#: freeculture.xml:11727
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><part><chapter><para>
-#: freeculture.xml:11080
+#: freeculture.xml:11736
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><part><chapter><para>
-#: freeculture.xml:11086
+#: freeculture.xml:11742
msgid "But this situation has now changed."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11092
+#: freeculture.xml:11746
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><part><chapter><para>
-#: freeculture.xml:11105
+#: freeculture.xml:11759
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><part><chapter><para>
-#: freeculture.xml:11115
+#: freeculture.xml:11769
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11126
+#: freeculture.xml:11780
msgid ""
"You may well ask, <quote>But if digital technologies lower the costs for "
"Brewster Kahle, then they will lower the costs for Random House, too. So "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11132
+#: freeculture.xml:11786
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><part><chapter><para><footnote><para>
-#: freeculture.xml:11156
+#: freeculture.xml:11810
msgid ""
"Jason Schultz, <quote>The Myth of the 1976 Copyright `Chaos' Theory,</quote> "
"20 December 2002, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11144
+#: freeculture.xml:11798
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 "
"message is absolutely not antimarket. But where we see the market is not "
"doing the job, then we should allow nonmarket forces the freedom to fill the "
"gaps. As one researcher calculated for American culture, 94 percent of the "
-"films, books, and music produced between and 1946 is not commercially "
+"films, books, and music produced between 1923 and 1946 is not commercially "
"available. However much you love the commercial market, if access is a "
"value, then 6 percent is a failure to provide that value.<placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11163
+#: freeculture.xml:11817
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 "
-"Bono Copyright Term Extension Act unconstitutional. The two central claims "
-"that we made were (1) that extending existing terms violated the "
-"Constitution's <quote>limited Times</quote> requirement, and (2) that "
-"extending terms by another twenty years violated the First Amendment."
+"<emphasis role='strong'>In January 1999</emphasis>, we filed a lawsuit on "
+"Eric Eldred's behalf in federal district court in Washington, D.C., asking "
+"the court to declare the Sonny Bono Copyright Term Extension Act "
+"unconstitutional. The two central claims that we made were (1) that "
+"extending existing terms violated the Constitution's <quote>limited "
+"Times</quote> requirement, and (2) that extending terms by another twenty "
+"years violated the First Amendment."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11171
+#: freeculture.xml:11826
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><part><chapter><para>
-#: freeculture.xml:11178
+#: freeculture.xml:11833
msgid ""
"Judge David Sentelle said the CTEA violated the requirement that copyrights "
"be for <quote>limited Times</quote> only. His argument was as elegant as it "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11189
+#: freeculture.xml:11844
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 "
"the court will sit <quote>en banc</quote> to hear the case."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11849
+msgid "Tatel, David"
+msgstr ""
+
#. PAGE BREAK 236
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11195
+#: freeculture.xml:11851
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><part><chapter><para>
-#: freeculture.xml:11204
+#: freeculture.xml:11860
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><part><chapter><para>
-#: freeculture.xml:11211
+#: freeculture.xml:11867
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><part><chapter><para>
-#: freeculture.xml:11217
+#: freeculture.xml:11873
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 "
-"the appeal. And if you know something more than just the minimum, you "
-"probably think there was no way this case could have been won. After our "
-"defeat, I received literally thousands of missives by well-wishers and "
-"supporters, thanking me for my work on behalf of this noble but doomed "
-"cause. And none from this pile was more significant to me than the e-mail "
-"from my client, Eric Eldred."
+"<emphasis role='strong'>It is over</emphasis> 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 the appeal. And if you know something more "
+"than just the minimum, you probably think there was no way this case could "
+"have been won. After our defeat, I received literally thousands of missives "
+"by well-wishers and supporters, thanking me for my work on behalf of this "
+"noble but doomed cause. And none from this pile was more significant to me "
+"than the e-mail from my client, Eric Eldred."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11227
+#: freeculture.xml:11884
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><part><chapter><indexterm><primary>
-#: freeculture.xml:11232 freeculture.xml:11246
+#: freeculture.xml:11889 freeculture.xml:11903
msgid "Steward, Geoffrey"
msgstr ""
#. PAGE BREAK 237
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11234
+#: freeculture.xml:11891
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 "
-"lawyer, Geoffrey Stewart, and by the law firm he had moved to, Jones, Day, "
-"Reavis and Pogue. Jones Day took a great deal of heat from its "
-"copyright-protectionist clients for supporting us. They ignored this "
-"pressure (something that few law firms today would ever do), and throughout "
-"the case, they gave it everything they could."
+"<emphasis role='strong'>The mistake</emphasis> was made early, though it "
+"became obvious only at the very end. Our case had been supported from the "
+"very beginning by an extraordinary lawyer, Geoffrey Stewart, and by the law "
+"firm he had moved to, Jones, Day, Reavis and Pogue. Jones Day took a great "
+"deal of heat from its copyright-protectionist clients for supporting "
+"us. They ignored this pressure (something that few law firms today would "
+"ever do), and throughout the case, they gave it everything they could."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11244 freeculture.xml:11595 freeculture.xml:11611 freeculture.xml:11705 freeculture.xml:11921 freeculture.xml:11952 freeculture.xml:12045
+#: freeculture.xml:11901 freeculture.xml:12264 freeculture.xml:12280 freeculture.xml:12377 freeculture.xml:12597 freeculture.xml:12628 freeculture.xml:12726
msgid "Ayer, Don"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11245
+#: freeculture.xml:11902
msgid "Bromberg, Dan"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11248
+#: freeculture.xml:11905
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><part><chapter><para>
-#: freeculture.xml:11258
+#: freeculture.xml:11915
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><part><chapter><para>
-#: freeculture.xml:11279
+#: freeculture.xml:11936
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><part><chapter><para>
-#: freeculture.xml:11287
+#: freeculture.xml:11944
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 "
"was unconstitutional regardless of one's politics."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:11318 freeculture.xml:11344
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11962 freeculture.xml:11989
msgid "Eagle Forum"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:11319
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11963
msgid "Schlafly, Phyllis"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11306
+#: freeculture.xml:11965
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. "
"editorial documented, was the power of money. Schlafly enumerated Disney's "
"contributions to the key players on the committees. It was money, not "
"justice, that gave Mickey Mouse twenty more years in Disney's control, "
-"Schlafly argued. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+"Schlafly argued."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11322
+#: freeculture.xml:11979
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 "
"conservative argument persuaded a strong conservative judge, Judge Sentelle."
msgstr ""
+#. PAGE BREAK 239
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11330
+#: freeculture.xml:11991
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 "
"were two law professors' briefs, one by copyright scholars and one by First "
"Amendment scholars. There was an exhaustive and uncontroverted brief by the "
"world's experts in the history of the Progress Clause. And of course, there "
-"was a new brief by Eagle Forum, repeating and strengthening its arguments. "
-"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
-"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> <placeholder "
-"type=\"indexterm\" id=\"3\"/>"
+"was a new brief by Eagle Forum, repeating and strengthening its arguments."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:11351
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12003
msgid "American Association of Law Libraries"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:11352
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12004
msgid "National Writers Union"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11347
+#: freeculture.xml:12006
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 "
"the Internet Archive, the American Association of Law Libraries, and the "
-"National Writers Union. <placeholder type=\"indexterm\" id=\"0\"/> "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"National Writers Union."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11356
+#: freeculture.xml:12013
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><part><chapter><indexterm><primary>
-#: freeculture.xml:11362
+#: freeculture.xml:12019
msgid "Akerlof, George"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11363
+#: freeculture.xml:12020
msgid "Arrow, Kenneth"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11364
+#: freeculture.xml:12021
msgid "Buchanan, James"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11365
+#: freeculture.xml:12022
msgid "Coase, Ronald"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11366
+#: freeculture.xml:12023
msgid "Friedman, Milton"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11368
+#: freeculture.xml:12025
msgid ""
"This economists' brief was signed by seventeen economists, including five "
"Nobel Prize winners, including Ronald Coase, James Buchanan, Milton "
"special-interest legislation gone wild."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:11391 freeculture.xml:11407 freeculture.xml:11602 freeculture.xml:11957
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12035 freeculture.xml:12053 freeculture.xml:12266 freeculture.xml:12629
msgid "Fried, Charles"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:11392
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12036
msgid "Morrison, Alan"
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:11393
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12037
msgid "Public Citizen"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:11394 freeculture.xml:11596 freeculture.xml:12703
+#: freeculture.xml:12038 freeculture.xml:12265 freeculture.xml:13414
msgid "Reagan, Ronald"
msgstr ""
+#. PAGE BREAK 240
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11379
+#: freeculture.xml:12040
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 "
"history with a series of seminal victories in the Supreme Court defending "
"individual rights; my colleague and dean, Kathleen Sullivan, who had argued "
"many cases in the Court, and who had advised us early on about a First "
-"Amendment strategy; and finally, former solicitor general Charles Fried. "
-"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
-"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> <placeholder "
-"type=\"indexterm\" id=\"3\"/>"
+"Amendment strategy; and finally, former solicitor general Charles Fried."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:12055
+msgid "Commerce Clause of"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11397
+#: freeculture.xml:12057
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 "
"Court. He had helped craft the line of cases that limited Congress's power "
"in the context of the Commerce Clause. And while he had argued many "
"positions in the Supreme Court that I personally disagreed with, his joining "
-"the cause was a vote of confidence in our argument. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"the cause was a vote of confidence in our argument."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11410
+#: freeculture.xml:12069
msgid ""
"The government, in defending the statute, had its collection of friends, as "
"well. Significantly, however, none of these <quote>friends</quote> included "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11417
+#: freeculture.xml:12076
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 "
"who did what with content they wanted to control."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12084
+msgid "Gershwin, George"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12085
+msgid "Porgy and Bess"
+msgstr ""
+
#. f14.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11433
+#: freeculture.xml:12095
msgid ""
"Brief of Amici Dr. Seuss Enterprise et al., <citetitle>Eldred</citetitle> "
"v. <citetitle>Ashcroft</citetitle>, 537 U.S. (2003) (No. 01-618), 19."
#. f15.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11441
+#: freeculture.xml:12103
msgid ""
"Dinitia Smith, <quote>Immortal Words, Immortal Royalties? Even Mickey Mouse "
"Joins the Fray,</quote> <citetitle>New York Times</citetitle>, 28 March "
"1998, B7."
msgstr ""
-#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11448
-msgid "Gershwin, George"
-msgstr ""
-
+#. PAGE BREAK 241
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11426
+#: freeculture.xml:12088
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 "
"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\"/>"
+"help them effect that control."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11451
+#: freeculture.xml:12112
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><part><chapter><para>
-#: freeculture.xml:11463
+#: freeculture.xml:12124
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 "
"copyrights—extensions that would further concentrate the market; it "
"would also mean that there was no limit to Congress's power to play "
-"favorites, through copyright, with who has the right to speak. Between "
-"February and October, there was little I did beyond preparing for this "
-"case. Early on, as I said, I set the strategy."
+"favorites, through copyright, with who has the right to speak."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:12131
+msgid ""
+"<emphasis role='strong'>Between February</emphasis> and October, there was "
+"little I did beyond preparing for this case. Early on, as I said, I set the "
+"strategy."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11472 freeculture.xml:11650
+#: freeculture.xml:12136 freeculture.xml:12322
msgid "O'Connor, Sandra Day"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11474
+#: freeculture.xml:12138
msgid ""
"The Supreme Court was divided into two important camps. One camp we called "
"<quote>the Conservatives.</quote> The other we called <quote>the "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11483 freeculture.xml:11507 freeculture.xml:11849 freeculture.xml:11861
+#: freeculture.xml:12147 freeculture.xml:12172 freeculture.xml:12524 freeculture.xml:12536
msgid "Breyer, Stephen"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12148 freeculture.xml:12488
+msgid "Ginsburg, Ruth Bader"
+msgstr ""
+
#. PAGE BREAK 242
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11485
+#: freeculture.xml:12150
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><part><chapter><para>
-#: freeculture.xml:11497
+#: freeculture.xml:12162
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><part><chapter><para>
-#: freeculture.xml:11509
+#: freeculture.xml:12174
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><part><chapter><para>
-#: freeculture.xml:11517
+#: freeculture.xml:12183
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><part><chapter><para>
-#: freeculture.xml:11525
+#: freeculture.xml:12191
msgid ""
"This analysis of <quote>the Rest</quote> showed most clearly where our focus "
"had to be: on the Conservatives. To win this case, we had to crack open "
#. PAGE BREAK 243
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11535
+#: freeculture.xml:12201
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11549
+#: freeculture.xml:12215
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 "
-"from the very beginning, Congress has been extending the term of existing "
-"copyrights. So, the government argued, the Court should not now say that "
-"practice is unconstitutional."
+"<emphasis role='strong'>The argument</emphasis> 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 from the very beginning, Congress has "
+"been extending the term of existing copyrights. So, the government argued, "
+"the Court should not now say that practice is unconstitutional."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11556
+#: freeculture.xml:12223
msgid ""
"There was some truth to the government's claim, but not much. We certainly "
"agreed that Congress had extended existing terms in 1831 and in 1909. And of "
"regularly—eleven times in forty years."
msgstr ""
-#. PAGE BREAK 244
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11563
+#: freeculture.xml:12230
msgid ""
"But this <quote>consistency</quote> should be kept in perspective. Congress "
"extended existing terms once in the first hundred years of the Republic. It "
"now gone. Congress was now in a cycle of extensions; there was no reason to "
"expect that cycle would end. This Court had not hesitated to intervene where "
"Congress was in a similar cycle of extension. There was no reason it "
-"couldn't intervene here. Oral argument was scheduled for the first week in "
-"October. I arrived in D.C. two weeks before the argument. During those two "
-"weeks, I was repeatedly <quote>mooted</quote> by lawyers who had volunteered "
-"to help in the case. Such <quote>moots</quote> are basically practice "
-"rounds, where wannabe justices fire questions at wannabe winners."
+"couldn't intervene here."
+msgstr ""
+
+#. PAGE BREAK 244
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:12245
+msgid ""
+"<emphasis role='strong'>Oral argument</emphasis> was scheduled for the first "
+"week in October. I arrived in D.C. two weeks before the argument. During "
+"those two weeks, I was repeatedly <quote>mooted</quote> by lawyers who had "
+"volunteered to help in the case. Such <quote>moots</quote> are basically "
+"practice rounds, where wannabe justices fire questions at wannabe winners."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11586
+#: freeculture.xml:12255
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><part><chapter><para>
-#: freeculture.xml:11598
+#: freeculture.xml:12268
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 "
"Fried. He had argued many cases before the Supreme Court. And in his review "
-"of the moot, he let his concern speak: <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"of the moot, he let his concern speak:"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11605
+#: freeculture.xml:12274
msgid ""
"<quote>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 "
"that, then we haven't any chance of winning.</quote>"
msgstr ""
-#. PAGE BREAK 245
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11613
+#: freeculture.xml:12282
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 "
"right thing—not because of politics but because it is right. As I "
"listened to Ayer's plea for passion in pressing politics, I understood his "
"point, and I rejected it. Our argument was right. That was enough. Let the "
-"politicians learn to see that it was also good. The night before the "
-"argument, a line of people began to form in front of the Supreme Court. The "
-"case had become a focus of the press and of the movement to free "
-"culture. Hundreds stood in line for the chance to see the "
-"proceedings. Scores spent the night on the Supreme Court steps so that they "
-"would be assured a seat."
+"politicians learn to see that it was also good."
+msgstr ""
+
+#. PAGE BREAK 245
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:12292
+msgid ""
+"<emphasis role='strong'>The night before</emphasis> the argument, a line of "
+"people began to form in front of the Supreme Court. The case had become a "
+"focus of the press and of the movement to free culture. Hundreds stood in "
+"line for the chance to see the proceedings. Scores spent the night on the "
+"Supreme Court steps so that they would be assured a seat."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11630
+#: freeculture.xml:12302
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><part><chapter><para>
-#: freeculture.xml:11645
+#: freeculture.xml:12317
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><part><chapter><para>
-#: freeculture.xml:11652
+#: freeculture.xml:12324
msgid ""
"Justice O'Connor stopped me within one minute of my opening. The history "
"was bothering her."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11657
+#: freeculture.xml:12329
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><part><chapter><para>
-#: freeculture.xml:11664
+#: freeculture.xml:12336
msgid ""
"She was quite willing to concede <quote>that this flies directly in the face "
"of what the framers had in mind.</quote> But my response again and again was "
#. PAGE BREAK 246
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11670
+#: freeculture.xml:12342
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><part><chapter><para>
-#: freeculture.xml:11678
+#: freeculture.xml:12350
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><part><chapter><blockquote><para>
-#: freeculture.xml:11684
+#: freeculture.xml:12356
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><part><chapter><para>
-#: freeculture.xml:11692
+#: freeculture.xml:12364
msgid ""
"Here follows my clear mistake. Like a professor correcting a student, I "
"answered,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11698
+#: freeculture.xml:12370
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><part><chapter><para>
-#: freeculture.xml:11707
+#: freeculture.xml:12379
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><part><chapter><para>
-#: freeculture.xml:11714
+#: freeculture.xml:12386
msgid ""
"The second came from the Chief, for whom the whole case had been "
"crafted. For the Chief Justice had crafted the <citetitle>Lopez</citetitle> "
#. PAGE BREAK 247
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11719
+#: freeculture.xml:12391
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><part><chapter><blockquote><para>
-#: freeculture.xml:11726
+#: freeculture.xml:12398
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><part><chapter><blockquote><para>
-#: freeculture.xml:11730
+#: freeculture.xml:12402
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><part><chapter><indexterm><primary>
-#: freeculture.xml:11738
+#: freeculture.xml:12410
msgid "Olson, Theodore B."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11740
+#: freeculture.xml:12412
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><part><chapter><blockquote><para>
-#: freeculture.xml:11746
+#: freeculture.xml:12418
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><part><chapter><para>
-#: freeculture.xml:11754
+#: freeculture.xml:12426
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><part><chapter><para>
-#: freeculture.xml:11767
+#: freeculture.xml:12439
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 "
-"differently. But one way of thinking about this case left me optimistic."
+"<emphasis role='strong'>As I left</emphasis> 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 differently. But one way of thinking about "
+"this case left me optimistic."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11775
+#: freeculture.xml:12448
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><part><chapter><para>
-#: freeculture.xml:11790
+#: freeculture.xml:12463
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 "
-"message, I could tell in an instant that she had bad news to report.The "
-"Supreme Court had affirmed the decision of the Court of Appeals. Seven "
-"justices had voted in the majority. There were two dissents."
+"<emphasis role='strong'>The morning</emphasis> 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 message, I could tell in an instant "
+"that she had bad news to report.The Supreme Court had affirmed the decision "
+"of the Court of Appeals. Seven justices had voted in the majority. There "
+"were two dissents."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11797
+#: freeculture.xml:12471
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><part><chapter><para>
-#: freeculture.xml:11802
+#: freeculture.xml:12476
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11808
+#: freeculture.xml:12482
msgid ""
"I first scoured the opinion, looking for how the Court would distinguish the "
"principle in this case from the principle in "
#. PAGE BREAK 249
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11817
+#: freeculture.xml:12492
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><part><chapter><para>
-#: freeculture.xml:11822
+#: freeculture.xml:12497
msgid ""
"Her opinion was perfectly reasonable—for her, and for Justice "
"Souter. Neither believes in <citetitle>Lopez</citetitle>. It would be too "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11828
+#: freeculture.xml:12503
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11839
+#: freeculture.xml:12514
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><part><chapter><para>
-#: freeculture.xml:11851
+#: freeculture.xml:12526
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><part><chapter><para>
-#: freeculture.xml:11864
+#: freeculture.xml:12539
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><part><chapter><para>
-#: freeculture.xml:11875
+#: freeculture.xml:12550
msgid ""
"These two justices understood all the arguments we had made. But because "
"neither believed in the <citetitle>Lopez</citetitle> case, neither was "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11882
+#: freeculture.xml:12557
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 "
-"depression. This anger was of two sorts."
+"<emphasis role='strong'>Defeat brings depression</emphasis>. They say it is "
+"a sign of health when depression gives way to anger. My anger came quickly, "
+"but it didn't cure the depression. This anger was of two sorts."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11886
+#: freeculture.xml:12562
msgid "originalism"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11888
+#: freeculture.xml:12564
msgid ""
"It was first anger with the five <quote>Conservatives.</quote> It would have "
"been one thing for them to have explained why the principle of "
#. PAGE BREAK 251
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11901
+#: freeculture.xml:12577
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><part><chapter><para>
-#: freeculture.xml:11916
+#: freeculture.xml:12592
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><part><chapter><para>
-#: freeculture.xml:11923
+#: freeculture.xml:12599
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><part><chapter><para>
-#: freeculture.xml:11934
+#: freeculture.xml:12610
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><part><chapter><para>
-#: freeculture.xml:11954
+#: freeculture.xml:12631
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 "
-"Sullivan? <placeholder type=\"indexterm\" id=\"0\"/>"
+"Sullivan?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11960
+#: freeculture.xml:12636
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><part><chapter><para>
-#: freeculture.xml:11966
+#: freeculture.xml:12642
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><part><chapter><para>
-#: freeculture.xml:11973
+#: freeculture.xml:12650
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 "
"intellectual property professors stated publicly that my bringing this case "
"was a mistake. <quote>The Court is not ready,</quote> Peter Jaszi said; this "
-"issue should not be raised until it is. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"issue should not be raised until it is."
msgstr ""
-#. PAGE BREAK 253
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11981
+#: freeculture.xml:12657
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, "
"was right. Either I was not ready to argue this case in a way that would do "
"some good or they were not ready to hear this case in a way that would do "
"some good. Either way, the decision to bring this case—a decision I "
-"had made four years before—was wrong. While the reaction to the Sonny "
-"Bono Act itself was almost unanimously negative, the reaction to the Court's "
-"decision was mixed. No one, at least in the press, tried to say that "
-"extending the term of copyright was a good idea. We had won that battle over "
-"ideas. Where the decision was praised, it was praised by papers that had "
-"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. <citetitle>The New York Times</citetitle> wrote in its editorial,"
+"had made four years before—was wrong."
+msgstr ""
+
+#. PAGE BREAK 253
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:12666
+msgid ""
+"<emphasis role='strong'>While the reaction</emphasis> to the Sonny Bono Act "
+"itself was almost unanimously negative, the reaction to the Court's decision "
+"was mixed. No one, at least in the press, tried to say that extending the "
+"term of copyright was a good idea. We had won that battle over ideas. Where "
+"the decision was praised, it was praised by papers that had 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. <citetitle>The "
+"New York Times</citetitle> wrote in its editorial,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:12002
+#: freeculture.xml:12681
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><part><chapter><figure><indexterm><primary>
-#: freeculture.xml:12016 freeculture.xml:12021
+#: freeculture.xml:12695 freeculture.xml:12700
msgid "Bolling, Ruben"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12011
+#: freeculture.xml:12690
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><part><chapter><figure><title>
-#: freeculture.xml:12019
+#: freeculture.xml:12698
msgid "Tom the Dancing Bug cartoon"
msgstr ""
#. type: Content of: <book><part><chapter><figure>
-#: freeculture.xml:12020
+#: freeculture.xml:12699
msgid ""
"<graphic fileref=\"images/18.png\"></graphic> <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12024
+#: freeculture.xml:12703
msgid ""
"The image that will always stick in my head is that evoked by the quote from "
"<citetitle>The New York Times</citetitle>. That <quote>grand "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:12035
+#: freeculture.xml:12714
msgid "CHAPTER FOURTEEN: Eldred II"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12037
+#: freeculture.xml:12716
msgid ""
-"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."
+"<emphasis role='strong'>The day</emphasis> <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><part><chapter><para>
-#: freeculture.xml:12047
+#: freeculture.xml:12728
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><part><chapter><para>
-#: freeculture.xml:12057
+#: freeculture.xml:12738
msgid ""
"<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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12065
+#: freeculture.xml:12746
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><part><chapter><para>
-#: freeculture.xml:12070
+#: freeculture.xml:12751
msgid ""
"Or another two names. For depending upon your perspective, this is either "
"the <quote>Public Domain Enhancement Act</quote> or the <quote>Copyright "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12078 freeculture.xml:12278
+#: freeculture.xml:12759 freeculture.xml:12960
msgid "Forbes, Steve"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12080
+#: freeculture.xml:12761
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><part><chapter><para>
-#: freeculture.xml:12092
+#: freeculture.xml:12773
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><part><chapter><indexterm><primary>
-#: freeculture.xml:12102
+#: freeculture.xml:12783
msgid "Berlin Act (1908)"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12103 freeculture.xml:12143
+#: freeculture.xml:12784 freeculture.xml:12825
msgid "Berne Convention (1908)"
msgstr ""
-#. f1.
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:12792
+msgid "German copyright law"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:12111
-msgid ""
-"Until the 1908 Berlin Act of the Berne Convention, national copyright "
-"legislation sometimes made protection depend upon compliance with "
-"formalities such as registration, deposit, and affixation of notice of the "
-"author's claim of copyright. However, starting with the 1908 act, every text "
-"of the Convention has provided that <quote>the enjoyment and the "
-"exercise</quote> of rights guaranteed by the Convention <quote>shall not be "
-"subject to any formality.</quote> The prohibition against formalities is "
-"presently embodied in Article 5(2) of the Paris Text of the Berne "
-"Convention. Many countries continue to impose some form of deposit or "
-"registration requirement, albeit not as a condition of copyright. French "
-"law, for example, requires the deposit of copies of works in national "
-"repositories, principally the 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, <citetitle>International Intellectual Property Law, Cases and "
-"Materials</citetitle> (New York: Foundation Press, 2001), 153–54."
-msgstr ""
-
-#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12106
+#: freeculture.xml:12792
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> Until the 1908 Berlin Act of the "
+"Berne Convention, national copyright legislation sometimes made protection "
+"depend upon compliance with formalities such as registration, deposit, and "
+"affixation of notice of the author's claim of copyright. However, starting "
+"with the 1908 act, every text of the Convention has provided that <quote>the "
+"enjoyment and the exercise</quote> of rights guaranteed by the Convention "
+"<quote>shall not be subject to any formality.</quote> The prohibition "
+"against formalities is presently embodied in Article 5(2) of the Paris Text "
+"of the Berne Convention. Many countries continue to impose some form of "
+"deposit or registration requirement, albeit not as a condition of "
+"copyright. French law, for example, requires the deposit of copies of works "
+"in national repositories, principally the 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, <citetitle>International Intellectual Property Law, "
+"Cases and Materials</citetitle> (New York: Foundation Press, 2001), "
+"153–54."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:12787
msgid ""
"As I described in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"property-i\"/>, formalities in copyright law were removed in 1976, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12137
+#: freeculture.xml:12819
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><part><chapter><para>
-#: freeculture.xml:12145
+#: freeculture.xml:12827
msgid ""
"The fight against formalities achieved its first real victory in Berlin in "
"1908. International copyright lawyers amended the Berne Convention in 1908, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12155
+#: freeculture.xml:12837
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><part><chapter><para>
-#: freeculture.xml:12163
+#: freeculture.xml:12845
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><part><chapter><para>
-#: freeculture.xml:12171
+#: freeculture.xml:12853
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><part><chapter><para>
-#: freeculture.xml:12183
+#: freeculture.xml:12865
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><part><chapter><para>
-#: freeculture.xml:12192
+#: freeculture.xml:12874
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><part><chapter><para>
-#: freeculture.xml:12208
+#: freeculture.xml:12890
msgid ""
"It is similarly special physics that makes formalities important in "
"copyright law. Unlike a carpenter's table, there's nothing in nature that "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12223
+#: freeculture.xml:12905
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12233
+#: freeculture.xml:12915
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12242
+#: freeculture.xml:12924
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><part><chapter><para>
-#: freeculture.xml:12249
+#: freeculture.xml:12931
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><part><chapter><para>
-#: freeculture.xml:12256
+#: freeculture.xml:12938
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><part><chapter><para>
-#: freeculture.xml:12262
+#: freeculture.xml:12944
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12280
+#: freeculture.xml:12962
msgid ""
-"When Steve Forbes endorsed the idea, some in Washington began to pay "
-"attention. Many people contacted me pointing to representatives who might be "
-"willing to introduce the Eldred Act. And I had a few who directly suggested "
-"that they might be willing to take the first step."
+"<emphasis role='strong'>When Steve Forbes</emphasis> endorsed the idea, some "
+"in Washington began to pay attention. Many people contacted me pointing to "
+"representatives who might be willing to introduce the Eldred Act. And I had "
+"a few who directly suggested that they might be willing to take the first "
+"step."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:12293
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12968
msgid "Lofgren, Zoe"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12286
+#: freeculture.xml:12970
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 "
"imposed the simplest requirement upon copyright owners possible. In May "
"2003, it looked as if the bill would be introduced. On May 16, I posted on "
"the Eldred Act blog, <quote>we are close.</quote> There was a general "
-"reaction in the blog community that something good might happen here. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"reaction in the blog community that something good might happen here."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12296
+#: freeculture.xml:12979
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><part><chapter><para>
-#: freeculture.xml:12304
+#: freeculture.xml:12987
msgid ""
"The MPAA argued first that Congress had <quote>firmly rejected the central "
"concept in the proposed bill</quote>—that copyrights be renewed. That "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12325
+#: freeculture.xml:13008
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><part><chapter><para>
-#: freeculture.xml:12333
+#: freeculture.xml:13016
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, "
-"common sense was delayed. The difference between the two stories was the "
-"power of the opposition—the power of the side that fought to defend "
-"the status quo. In both cases, a new technology threatened old "
-"interests. But in only one case did those interest's have the power to "
-"protect themselves against this new competitive threat."
+"<emphasis role='strong'>At the beginning</emphasis> of this book, I told two "
+"stories about the law reacting to changes in technology. In the one, common "
+"sense prevailed. In the other, common sense was delayed. The difference "
+"between the two stories was the power of the opposition—the power of "
+"the side that fought to defend the status quo. In both cases, a new "
+"technology threatened old interests. But in only one case did those "
+"interest's have the power to protect themselves against this new competitive "
+"threat."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12343
+#: freeculture.xml:13026
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><part><chapter><para>
-#: freeculture.xml:12352
+#: freeculture.xml:13035
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 "
"resistance."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:12371
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:13045
msgid "Kelly, Kevin"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12363
+#: freeculture.xml:13047
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 "
"to exercise continued control over his content. It would simply liberate "
"what Kevin Kelly calls the <quote>Dark Content</quote> that fills archives "
"around the world. So when the warriors oppose a change like this, we should "
-"ask one simple question: <placeholder type=\"indexterm\" id=\"0\"/>"
+"ask one simple question:"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12374
+#: freeculture.xml:13057
msgid "What does this industry really want?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12377
+#: freeculture.xml:13060
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12388
+#: freeculture.xml:13071
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 "
#. PAGE BREAK 263
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12396
+#: freeculture.xml:13079
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><part><chapter><para>
-#: freeculture.xml:12408
+#: freeculture.xml:13091
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><part><chapter><para>
-#: freeculture.xml:12415
+#: freeculture.xml:13098
msgid ""
"All this seems to follow easily from this untroubled acceptance of the "
"<quote>property</quote> in intellectual property. Common sense supports it, "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:12427
+#: freeculture.xml:13110
msgid "CONCLUSION"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12429
+#: freeculture.xml:13111
+msgid "Africa, medications for HIV patients in"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13112
+msgid "AIDS medications"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13113
msgid "antiretroviral drugs"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12432
-msgid "HIV/AIDS therapies"
+#: freeculture.xml:13114
+msgid "developing countries, foreign patent costs in"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12435
-msgid "Africa, medications for HIV patients in"
+#: freeculture.xml:13115 freeculture.xml:13628
+msgid "drugs"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13115 freeculture.xml:13628
+msgid "pharmaceutical"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13116
+msgid "HIV/AIDS therapies"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12438
+#: freeculture.xml:13118
msgid ""
-"There are more than 35 million people with the AIDS virus "
-"worldwide. Twenty-five million of them live in sub-Saharan Africa. "
-"Seventeen million have already died. Seventeen million Africans is "
-"proportional percentage-wise to seven million Americans. More importantly, "
-"it is seventeen million Africans."
+"<emphasis role='strong'>There are more</emphasis> than 35 million people "
+"with the AIDS virus worldwide. Twenty-five million of them live in "
+"sub-Saharan Africa. Seventeen million have already died. Seventeen million "
+"Africans is proportional percentage-wise to seven million Americans. More "
+"importantly, it is seventeen million Africans."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12445
+#: freeculture.xml:13125
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:12460
+#: freeculture.xml:13140
msgid ""
"Commission on Intellectual Property Rights, <quote>Final Report: Integrating "
"Intellectual Property Rights and Development Policy</quote> (London, 2002), "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12453
+#: freeculture.xml:13133
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, "
"id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13149 freeculture.xml:13630
+msgid "on pharmaceuticals"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13150
+msgid "pharmaceutical patents"
+msgstr ""
+
#. PAGE BREAK 265
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12471
+#: freeculture.xml:13153
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:12479
+#: freeculture.xml:13161
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:12490
+#: freeculture.xml:13172
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:12508 freeculture.xml:12949
+#: freeculture.xml:13178
+msgid "international law"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13179
+msgid "parallel importation"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13180
+msgid "South Africa, Republic of, pharmaceutical imports by"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13193 freeculture.xml:13686
msgid "Braithwaite, John"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12506
+#: freeculture.xml:13191
msgid ""
"See Peter Drahos with John Braithwaite, <citetitle>Information Feudalism: "
"Who Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12497
+#: freeculture.xml:13182
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 "
"European Union.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13197
+msgid "United States Trade Representative (USTR)"
+msgstr ""
+
#. f3.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12519
+#: freeculture.xml:13205
msgid ""
"International Intellectual Property Institute (IIPI), <citetitle>Patent "
"Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a "
#. f4.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12546
+#: freeculture.xml:13232
msgid ""
"International Intellectual Property Institute (IIPI), <citetitle>Patent "
"Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12513
+#: freeculture.xml:13199
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:12552
+#: freeculture.xml:13239
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:12562
+#: freeculture.xml:13249
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:12570
+#: freeculture.xml:13257
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:12585
+#: freeculture.xml:13272
msgid ""
"See Sabin Russell, <quote>New Crusade to Lower AIDS Drug Costs: Africa's "
"Needs at Odds with Firms' Profit Motive,</quote> <citetitle>San Francisco "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12579
+#: freeculture.xml:13266
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:12606
+#: freeculture.xml:13294
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 "
"such an abstraction?"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13303
+msgid "in pharmaceutical industry"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12616
+#: freeculture.xml:13305
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:12624
+#: freeculture.xml:13313
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 "
"could be overcome."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13320
+msgid "of drug patents"
+msgstr ""
+
#. PAGE BREAK 268
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12632
+#: freeculture.xml:13322
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:12647
+#: freeculture.xml:13344
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:12653
+#: freeculture.xml:13350
msgid ""
"A sensible patent policy could endorse and strongly support the patent "
"system without having to reach everyone everywhere in exactly the same "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12665
+#: freeculture.xml:13365
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. "
#. PAGE BREAK 269
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12676
+#: freeculture.xml:13374
msgid ""
-"A simple idea blinds us, and under the cover of darkness, much happens that "
-"most of us would reject if any of us looked. So uncritically do we accept "
-"the idea of property in ideas that we don't even notice how monstrous it is "
-"to deny ideas to a people who are dying without them. So uncritically do we "
-"accept the idea of property in culture that we don't even question when the "
-"control of that property removes our ability, as a people, to develop our "
-"culture democratically. Blindness becomes our common sense. And the "
-"challenge for anyone who would reclaim the right to cultivate our culture is "
-"to find a way to make this common sense open its eyes."
+"<emphasis role='strong'>A simple idea</emphasis> blinds us, and under the "
+"cover of darkness, much happens that most of us would reject if any of us "
+"looked. So uncritically do we accept the idea of property in ideas that we "
+"don't even notice how monstrous it is to deny ideas to a people who are "
+"dying without them. So uncritically do we accept the idea of property in "
+"culture that we don't even question when the control of that property "
+"removes our ability, as a people, to develop our culture "
+"democratically. Blindness becomes our common sense. And the challenge for "
+"anyone who would reclaim the right to cultivate our culture is to find a way "
+"to make this common sense open its eyes."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12690
+#: freeculture.xml:13388
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 "
"storm</quote> for free culture."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:13401 freeculture.xml:14171
+msgid "academic journals"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13402 freeculture.xml:13415
+msgid "biomedical research"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13403 freeculture.xml:13573
+msgid "international organization on issues of"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:13405 freeculture.xml:13522 freeculture.xml:14090
+msgid "IBM"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:13406 freeculture.xml:14237
+msgid "PLoS (Public Library of Science)"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:13407 freeculture.xml:14238
+msgid "Public Library of Science (PLoS)"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13408
+msgid "public projects in"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13409
+msgid "single nucleotied polymorphisms (SNPs)"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13410
+msgid "Wellcome Trust"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13411 freeculture.xml:13574
+msgid "World Intellectual Property Organization (WIPO)"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13412
+msgid "World Wide Web"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13413
+msgid "Global Positioning System"
+msgstr ""
+
#. f6.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12708
+#: freeculture.xml:13420
msgid ""
"Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> "
"<citetitle>Washington Post</citetitle>, August 2003, E1, available at <ulink "
"#61</ulink>."
msgstr ""
-#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:12736 freeculture.xml:13409
-msgid "academic journals"
-msgstr ""
-
-#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:12737 freeculture.xml:12827 freeculture.xml:13335
-msgid "IBM"
-msgstr ""
-
-#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:12738 freeculture.xml:13473
-msgid "PLoS (Public Library of Science)"
-msgstr ""
-
+#. PAGE BREAK 270
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12705
-msgid ""
-"In August 2003, a fight broke out in the United States about a decision by "
-"the World Intellectual Property Organization to cancel a "
-"meeting.<placeholder type=\"footnote\" id=\"0\"/> At the request of a wide "
-"range of interests, WIPO had decided to hold a meeting to discuss "
-"<quote>open and collaborative projects to create public goods.</quote> These "
-"are projects that have been successful in producing public goods without "
-"relying exclusively upon a proprietary use of intellectual "
-"property. Examples include the Internet and the World Wide Web, both of "
-"which were developed on the basis of protocols in the public domain. It "
-"included an emerging trend to support open academic journals, including the "
-"Public Library of Science project that I describe in the Afterword. It "
+#: freeculture.xml:13417
+msgid ""
+"<emphasis role='strong'>In August 2003</emphasis>, a fight broke out in the "
+"United States about a decision by the World Intellectual Property "
+"Organization to cancel a meeting.<placeholder type=\"footnote\" id=\"0\"/> "
+"At the request of a wide range of interests, WIPO had decided to hold a "
+"meeting to discuss <quote>open and collaborative projects to create public "
+"goods.</quote> These are projects that have been successful in producing "
+"public goods without relying exclusively upon a proprietary use of "
+"intellectual property. Examples include the Internet and the World Wide Web, "
+"both of which were developed on the basis of protocols in the public "
+"domain. It included an emerging trend to support open academic journals, "
+"including the Public Library of Science project that I describe in chapter "
+"<xref xrefstyle=\"select: labelnumber\" linkend=\"c-afterword\"/>. It "
"included a project to develop single nucleotide polymorphisms (SNPs), which "
"are thought to have great significance in biomedical research. (That "
"nonprofit project comprised a consortium of the Wellcome Trust and "
"AstraZeneca, Aventis, Bayer, Bristol-Myers Squibb, Hoffmann-La Roche, "
"Glaxo-SmithKline, IBM, Motorola, Novartis, Pfizer, and Searle.) It included "
"the Global Positioning System, which Ronald Reagan set free in the early "
-"1980s. And it included <quote>open source and free software.</quote> "
-"<placeholder type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" "
-"id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/>"
+"1980s. And it included <quote>open source and free software.</quote>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12741
+#: freeculture.xml:13453
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 "
"way in which proprietary claims might be used."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13459
+msgid "in international debate on intellectual property"
+msgstr ""
+
#. f7.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12749
+#: freeculture.xml:13462
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:12748
+#: freeculture.xml:13461
msgid ""
"From the perspective of this book, then, the conference was "
"ideal.<placeholder type=\"footnote\" id=\"0\"/> The projects within its "
"with intellectual property issues."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13471 freeculture.xml:13627
+msgid "World Summit on the Information Society (WSIS)"
+msgstr ""
+
#. PAGE BREAK 271
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12759
+#: freeculture.xml:13473
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:12783
+#: freeculture.xml:13497
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 "
"goods</quote> seemed perfectly appropriate within the WIPO agenda."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:13506 freeculture.xml:15236
+msgid "Apple Corporation"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13507
+msgid "on free software"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12789
+#: freeculture.xml:13509
msgid ""
"But there is one project within that list that is highly controversial, at "
"least among lobbyists. That project is <quote>open source and free "
"<quote>proprietary software,</quote> for their own internal uses."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13519
+msgid "<quote>copyleft</quote> licenses"
+msgstr ""
+
#. f8.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12811
+#: freeculture.xml:13535
msgid ""
"Microsoft's position about free and open source software is more "
"sophisticated. As it has repeatedly asserted, it has no problem with "
"url=\"http://free-culture.cc/notes/\">link #63</ulink>."
msgstr ""
-#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:12828
-msgid "<quote>copyleft</quote> licenses"
-msgstr ""
-
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12800
+#: freeculture.xml:13524
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 "
"commercial entity. Thus, to support <quote>open source and free "
"software</quote> is not to oppose commercial entities. It is, instead, to "
"support a mode of software development that is different from "
-"Microsoft's.<placeholder type=\"footnote\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> "
-"<placeholder type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" "
-"id=\"4\"/>"
+"Microsoft's.<placeholder type=\"footnote\" id=\"0\"/>"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13553
+msgid "General Public License (GPL)"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13554
+msgid "GPL (General Public License)"
msgstr ""
#. PAGE BREAK 272
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12833
+#: freeculture.xml:13556
msgid ""
"More important for our purposes, to support <quote>open source and free "
"software</quote> is not to oppose copyright. <quote>Open source and free "
"on its adopters. It thus depends upon copyright law just as Microsoft does."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13575
+msgid "Krim, Jonathan"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13576
+msgid "WIPO meeting opposed by"
+msgstr ""
+
#. f9.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12859
+#: freeculture.xml:13586
msgid ""
"Krim, <quote>The Quiet War over Open-Source,</quote> available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #64</ulink>."
msgstr ""
-#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:12863
-msgid "Krim, Jonathan"
-msgstr ""
-
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12851
+#: freeculture.xml:13578
msgid ""
"It is therefore understandable that as a proprietary software developer, "
"Microsoft would oppose this WIPO meeting, and understandable that it would "
"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. <placeholder type=\"indexterm\" id=\"1\"/>"
+"the meeting was canceled."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12866
+#: freeculture.xml:13592
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 "
"States having succeeded in its lobbying efforts."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13600 freeculture.xml:13658
+msgid "Boland, Lois"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12874
+#: freeculture.xml:13602
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:12884
+#: freeculture.xml:13613
msgid "These statements are astonishing on a number of levels."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12888
+#: freeculture.xml:13618
msgid ""
"First, they are just flat wrong. As I described, most open source and free "
"software relies fundamentally upon the intellectual property right called "
"dealing with intellectual property issues."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13629
+msgid "generic drugs"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12898
+#: freeculture.xml:13632
msgid ""
"Second, who ever said that WIPO's exclusive aim was to "
"<quote>promote</quote> intellectual property maximally? As I had been "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12911
+#: freeculture.xml:13646
msgid ""
"Third, even if one believed that the purpose of WIPO was to maximize "
"intellectual property rights, in our tradition, intellectual property rights "
"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\"/>"
+"to decide what to do with <emphasis>their</emphasis> property."
msgstr ""
#. PAGE BREAK 274
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12925
+#: freeculture.xml:13660
msgid ""
"When Ms. Boland says that there is something wrong with a meeting "
"<quote>which has as its purpose to disclaim or waive such rights,</quote> "
"possible."
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13671
+msgid "feudal system"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13672
+msgid "feudal system of"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12937
+#: freeculture.xml:13674
msgid ""
"There is a history of just such a property system that is well known in the "
"Anglo-American tradition. It is called <quote>feudalism.</quote> Under "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12954
+#: freeculture.xml:13691
msgid ""
"See Drahos with Braithwaite, <citetitle>Information Feudalism</citetitle>, "
"210–20. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12951
+#: freeculture.xml:13688
msgid ""
"As Peter Drahos and John Braithwaite relate, this is precisely the choice we "
"are now making about intellectual property.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12963
+#: freeculture.xml:13702
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:12970
+#: freeculture.xml:13711
msgid ""
"George, you misunderstand Lessig: He's only talking about the world as it "
"should be (<quote>the goal of WIPO, and the goal of any government, should "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12982
+#: freeculture.xml:13723
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:12992
+#: freeculture.xml:13734
msgid ""
"Obviously, however, the poster was not supporting that idea. Instead, the "
"poster was ridiculing the very idea that in the real world, the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13000
+#: freeculture.xml:13742
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:13006
+#: freeculture.xml:13748
msgid ""
"But when it has become silly to suppose that the role of our government "
"should be to <quote>seek balance,</quote> then count me with the silly, for "
#. PAGE BREAK 276
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13017
+#: freeculture.xml:13759
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 "
"tradition for most of our history—free culture."
msgstr ""
-#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:13036
+#. type: Content of: <book><chapter><para>
+#: freeculture.xml:13767
+msgid "If this is crazy, then let there be more crazies. Soon."
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13771
msgid "Turner, Ted"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13026
+#: freeculture.xml:13773
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 "
-"considering relaxing ownership rules, which would thereby further increase "
-"the concentration in media ownership, an extraordinary bipartisan coalition "
-"formed to fight this change. For perhaps the first time in history, "
-"interests as diverse as the NRA, the ACLU, Moveon.org, William Safire, Ted "
-"Turner, and CodePink Women for Peace organized to oppose this change in FCC "
-"policy. An astonishing 700,000 letters were sent to the FCC, demanding more "
-"hearings and a different result. <placeholder type=\"indexterm\" id=\"0\"/> "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"<emphasis role='strong'>There are moments</emphasis> of hope in this "
+"struggle. And moments that surprise. When the FCC was considering relaxing "
+"ownership rules, which would thereby further increase the concentration in "
+"media ownership, an extraordinary bipartisan coalition formed to fight this "
+"change. For perhaps the first time in history, interests as diverse as the "
+"NRA, the ACLU, Moveon.org, William Safire, Ted Turner, and CodePink Women "
+"for Peace organized to oppose this change in FCC policy. An astonishing "
+"700,000 letters were sent to the FCC, demanding more hearings and a "
+"different result."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13040
+#: freeculture.xml:13784
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:13048
+#: freeculture.xml:13792
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:13055
+#: freeculture.xml:13799
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:13065
+#: freeculture.xml:13809
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:13072
+#: freeculture.xml:13816
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:13080
+#: freeculture.xml:13824
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:13083
+#: freeculture.xml:13827
msgid "Dylan, Bob"
msgstr ""
#. f11.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13088
+#: freeculture.xml:13833
msgid ""
"John Borland, <quote>RIAA Sues 261 File Swappers,</quote> CNET News.com, "
"September 2003, available at <ulink "
#. f12.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13106
+#: freeculture.xml:13851
msgid ""
"Jon Wiederhorn, <quote>Eminem Gets Sued … by a Little Old "
"Lady,</quote> mtv.com, 17 September 2003, available at <ulink "
#. f13.
#. PAGE BREAK 334
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13113
+#: freeculture.xml:13858
msgid ""
"Kenji Hall, Associated Press, <quote>Japanese Book May Be Inspiration for "
"Dylan Songs,</quote> Kansascity.com, 9 July 2003, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #69</ulink>."
msgstr ""
-#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13085
-msgid ""
-"As I write these final words, the news is filled with stories about the RIAA "
-"lawsuits against almost three hundred individuals.<placeholder "
-"type=\"footnote\" id=\"0\"/> Eminem has just been sued for "
-"<quote>sampling</quote> someone else's music.<placeholder type=\"footnote\" "
-"id=\"1\"/> The story about Bob Dylan <quote>stealing</quote> from a Japanese "
-"author has just finished making the rounds.<placeholder type=\"footnote\" "
-"id=\"2\"/> An insider from Hollywood—who insists he must remain "
-"anonymous—reports <quote>an amazing conversation with these studio "
-"guys. They've got extraordinary [old] content that they'd love to use but "
-"can't because they can't begin to clear the rights. They've got scores of "
-"kids who could do amazing things with the content, but it would take scores "
-"of lawyers to clean it first.</quote> Congressmen are talking about "
-"deputizing computer viruses to bring down computers thought to violate the "
-"law. Universities are threatening expulsion for kids who use a computer to "
-"share content."
+#. type: Content of: <book><chapter><para>
+#: freeculture.xml:13829
+msgid ""
+"<emphasis role='strong'>As I write</emphasis> these final words, the news is "
+"filled with stories about the RIAA lawsuits against almost three hundred "
+"individuals.<placeholder type=\"footnote\" id=\"0\"/> Eminem has just been "
+"sued for <quote>sampling</quote> someone else's music.<placeholder "
+"type=\"footnote\" id=\"1\"/> The story about Bob Dylan "
+"<quote>stealing</quote> from a Japanese author has just finished making the "
+"rounds.<placeholder type=\"footnote\" id=\"2\"/> An insider from "
+"Hollywood—who insists he must remain anonymous—reports <quote>an "
+"amazing conversation with these studio guys. They've got extraordinary [old] "
+"content that they'd love to use but can't because they can't begin to clear "
+"the rights. They've got scores of kids who could do amazing things with the "
+"content, but it would take scores of lawyers to clean it first.</quote> "
+"Congressmen are talking about deputizing computer viruses to bring down "
+"computers thought to violate the law. Universities are threatening expulsion "
+"for kids who use a computer to share content."
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13875
+msgid "BBC"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13876
+msgid "Brazil, free culture in"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13130 freeculture.xml:13490
+#: freeculture.xml:13877 freeculture.xml:14268
msgid "Creative Commons"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13131
+#: freeculture.xml:13878
msgid "Gil, Gilberto"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><secondary>
+#: freeculture.xml:13879
+msgid "public creative archive in"
+msgstr ""
+
#. f14.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13136
+#: freeculture.xml:13884
msgid ""
"<quote>BBC Plans to Open Up Its Archive to the Public,</quote> BBC press "
"release, 24 August 2003, available at <ulink "
#. f15.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13145
+#: freeculture.xml:13893
msgid ""
"<quote>Creative Commons and Brazil,</quote> Creative Commons Weblog, 6 "
"August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
#. PAGE BREAK 278
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13133
+#: freeculture.xml:13881
msgid ""
"Yet on the other side of the Atlantic, the BBC has just announced that it "
"will build a <quote>Creative Archive,</quote> from which British citizens "
#. PAGE BREAK 279
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13159
+#: freeculture.xml:13907
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:13167
+#: freeculture.xml:13915
msgid "AFTERWORD"
msgstr ""
#. PAGE BREAK 280
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13171
+#: freeculture.xml:13919
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 "
-"might be done."
+"<emphasis role='strong'>At least some</emphasis> 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 might be done."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13176
+#: freeculture.xml:13924
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:13182
+#: freeculture.xml:13930
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:13189
+#: freeculture.xml:13937
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><section><title>
-#: freeculture.xml:13198
+#: freeculture.xml:13946
msgid "US, NOW"
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13200
+#: freeculture.xml:13948
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 "
-"anarchy, either total control or artists won't be paid. If that really is "
-"the choice, then the warriors should win."
+"<emphasis role='strong'>Common sense</emphasis> is with the copyright "
+"warriors because the debate so far has been framed at the extremes—as "
+"a grand either/or: either property or anarchy, either total control or "
+"artists won't be paid. If that really is the choice, then the warriors "
+"should win."
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13206
+#: freeculture.xml:13955
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 "
"with content as you wish, regardless of whether you have permission or not."
msgstr ""
+#. type: Content of: <book><chapter><section><indexterm><secondary>
+#: freeculture.xml:13965
+msgid "initial free character of"
+msgstr ""
+
#. PAGE BREAK 282
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13216
+#: freeculture.xml:13967
msgid ""
"When the Internet was first born, its initial architecture effectively "
"tilted in the <quote>no rights reserved</quote> direction. Content could be "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13228
+#: freeculture.xml:13979
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><section><para>
-#: freeculture.xml:13242
+#: freeculture.xml:13995
msgid ""
"What's needed is a way to say something in the middle—neither "
"<quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13251
+#: freeculture.xml:14003
msgid "Rebuilding Freedoms Previously Presumed: Examples"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:14004
+msgid "restoration efforts on previous aspects of"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14006
+msgid "privacy rights"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13253
+#: freeculture.xml:14008
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><section><section><para>
-#: freeculture.xml:13263
+#: freeculture.xml:14018
msgid "What made it assured?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13267
+#: freeculture.xml:14022
msgid ""
"Well, if we think in terms of the modalities I described in chapter <xref "
"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>, your privacy was "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13282
+#: freeculture.xml:14037
msgid "Amazon"
msgstr ""
-#. type: Content of: <book><chapter><section><section><
para><indexterm><primary>
-#: freeculture.xml:13292
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14038
msgid "cookies, Internet"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:14039
+msgid "privacy protection on"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13284
+#: freeculture.xml:14041
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 "
"viewed</quote> pages. Now, because of the architecture of the Net and the "
"function of cookies on the Net, it is easier to collect the data than "
"not. The friction has disappeared, and hence any <quote>privacy</quote> "
-"protected by the friction disappears, too. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"protected by the friction disappears, too."
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:14050
+msgid "privacy rights in use of"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13295
+#: freeculture.xml:14052
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><section><section><para><footnote><para>
-#: freeculture.xml:13311
+#: freeculture.xml:14070
msgid ""
"See, for example, Marc Rotenberg, <quote>Fair Information Practices and the "
"Architecture of Privacy (What Larry Doesn't Get),</quote> "
#. PAGE BREAK 284
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13305
+#: freeculture.xml:14064
msgid ""
"It is this reality that explains the push of many to define "
"<quote>privacy</quote> on the Internet. It is the recognition that "
"by default."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14089
+msgid "Data General"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13329
+#: freeculture.xml:14093
msgid ""
"A similar story could be told about the birth of the free software "
"movement. When computers with software were first made available "
"commercially, the software—both the source code and the "
"binaries— was free. You couldn't run a program written for a Data "
"General machine on an IBM machine, so Data General and IBM didn't care much "
-"about controlling their software. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"about controlling their software."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13337
+#: freeculture.xml:14100
msgid "Stallman, Richard"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13339
+#: freeculture.xml:14102
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><section><section><para>
-#: freeculture.xml:13347
+#: freeculture.xml:14110
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 "
"else?"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14121
+msgid "proprietary code"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13359
+#: freeculture.xml:14123
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><section><section><para>
-#: freeculture.xml:13368
+#: freeculture.xml:14132
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 "
"share software would be fundamentally weakened."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14141
+msgid "Torvalds, Linus"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13377
+#: freeculture.xml:14143
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><section><section><para>
-#: freeculture.xml:13385
+#: freeculture.xml:14151
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><section><section><para>
-#: freeculture.xml:13396
+#: freeculture.xml:14162
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 "
"passively guaranteed."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14172
+msgid "scientific journals"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13404
+#: freeculture.xml:14174
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 "
"journals are produced."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14178
+msgid "Lexis and Westlaw"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:14180 freeculture.xml:14216
+msgid "journals in"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:14181
+msgid "access to opinions of"
+msgstr ""
+
#. PAGE BREAK 286
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13412
+#: freeculture.xml:14183
msgid ""
"As digital technologies develop, it is becoming obvious to many that "
"printing thousands of copies of journals every month and sending them to "
"opinion through their respective services."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:14198
+msgid "access fees for material in"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:14199
+msgid "license system for rebuilding of"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13428
+#: freeculture.xml:14201
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><section><section><para>
-#: freeculture.xml:13437
+#: freeculture.xml:14212
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><section><section><para>
-#: freeculture.xml:13442
+#: freeculture.xml:14218
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><section><section><para>
-#: freeculture.xml:13454
+#: freeculture.xml:14230
msgid ""
"As journals become electronic, however, the publishers are demanding that "
"libraries not give the general public access to the journals. This means "
"and market shrink a freedom taken for granted before."
msgstr ""
+#. PAGE BREAK 287
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13462
+#: freeculture.xml:14240
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 "
"peer review. If accepted, the work is then deposited in a public, electronic "
"archive and made permanently available for free. PLoS also sells a print "
"version of its work, but the copyright for the print journal does not "
-"inhibit the right of anyone to redistribute the work for free. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"inhibit the right of anyone to redistribute the work for free."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13476
+#: freeculture.xml:14254
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><section><section><title>
-#: freeculture.xml:13488
+#: freeculture.xml:14267
msgid "Rebuilding Free Culture: One Idea"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13493
+#: freeculture.xml:14270
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><section><section><indexterm><primary>
+#: freeculture.xml:14273
+msgid "Stanford University"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13497
+#: freeculture.xml:14275
msgid ""
"Enter the Creative Commons. The Creative Commons is a nonprofit corporation "
"established in Massachusetts, but with its home at Stanford University. Its "
#. PAGE BREAK 288
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13508
+#: freeculture.xml:14286
msgid ""
"<emphasis>Simple</emphasis>—which means without a middleman, or "
"without a lawyer. By developing a free set of licenses that people can "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13526
+#: freeculture.xml:14304
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><section><section><para>
-#: freeculture.xml:13537
+#: freeculture.xml:14315
msgid ""
"These choices thus establish a range of freedoms beyond the default of "
"copyright law. They also enable freedoms that go beyond traditional fair "
"that content will in turn enable us to rebuild a public domain."
msgstr ""
-#. type: Content of: <book><chapter><section><section><
para><indexterm><primary>
-#: freeculture.xml:13558
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14325
msgid "Garlick, Mia"
msgstr ""
+#. PAGE BREAK 289
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13548
+#: freeculture.xml:14327
msgid ""
"This is just one project among many within the Creative Commons. And of "
"course, Creative Commons is not the only organization pursuing such "
"movement of consumers and producers of content (<quote>content "
"conducers,</quote> as attorney Mia Garlick calls them) who help build the "
"public domain and, by their work, demonstrate the importance of the public "
-"domain to other creativity. <placeholder type=\"indexterm\" id=\"0\"/>"
+"domain to other creativity."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13561
+#: freeculture.xml:14340
msgid ""
"The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The "
"aim is to complement them. The problems that the law creates for us as a "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13573
+#: freeculture.xml:14353
msgid ""
"Why would creators participate in giving up total control? Some participate "
"to better spread their content. Cory Doctorow, for example, is a science "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13580
+#: freeculture.xml:14360
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 "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13592
+#: freeculture.xml:14372
msgid ""
"Indeed, the experience of his publisher clearly supports that conclusion. "
"The book's first printing was exhausted months before the publisher had "
"expected. This first novel of a science fiction author was a total success."
msgstr ""
-#. type: Content of: <book><chapter><section><section><
para><indexterm><primary>
-#: freeculture.xml:13607
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14377
msgid "Free for All (Wayner)"
msgstr ""
-#. type: Content of: <book><chapter><section><section><
para><indexterm><primary>
-#: freeculture.xml:13608
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14378
msgid "Wayner, Peter"
msgstr ""
+#. PAGE BREAK 290
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13598
+#: freeculture.xml:14380
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 "
"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. "
-"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
-"id=\"1\"/>"
+"downloads increased, the used book price for his book increased, as well."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13610
+#: freeculture.xml:14391
msgid "Public Enemy"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13611
+#: freeculture.xml:14392
msgid "rap music"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14393
+msgid "Leaphart, Walter"
+msgstr ""
+
#. f2.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13628
+#: freeculture.xml:14410
msgid ""
"<citetitle>Willful Infringement: A Report from the Front Lines of the Real "
"Culture Wars</citetitle> (2003), produced by Jed Horovitz, directed by Greg "
"url=\"http://free-culture.cc/notes/\">link #72</ulink>."
msgstr ""
-#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13635
-msgid "Leaphart, Walter"
-msgstr ""
-
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13613
+#: freeculture.xml:14395
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 "
"<quote>allow</quote> 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. <placeholder type=\"indexterm\" "
-"id=\"1\"/>"
+"their form of creativity might grow."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13638
+#: freeculture.xml:14419
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><section><section><para>
-#: freeculture.xml:13650
+#: freeculture.xml:14431
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><section><section><para>
-#: freeculture.xml:13660
+#: freeculture.xml:14441
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><section><section><para>
-#: freeculture.xml:13668
+#: freeculture.xml:14449
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><section><title>
-#: freeculture.xml:13682
+#: freeculture.xml:14463
msgid "THEM, SOON"
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13684
+#: freeculture.xml:14465
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 "
-"politicians will listen to these ideas and implement these reforms. But "
-"that also means that we have time to build awareness around the changes that "
-"we need."
+"<emphasis role='strong'>We will</emphasis> 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 politicians will listen to these ideas and "
+"implement these reforms. But that also means that we have time to build "
+"awareness around the changes that we need."
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13691
+#: freeculture.xml:14472
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><section><section><title>
-#: freeculture.xml:13698
+#: freeculture.xml:14479
msgid "1. More Formalities"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13700
+#: freeculture.xml:14481
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><section><section><para>
-#: freeculture.xml:13707
+#: freeculture.xml:14488
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><section><section><para>
-#: freeculture.xml:13712
+#: freeculture.xml:14493
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><section><section><para>
-#: freeculture.xml:13718
+#: freeculture.xml:14499
msgid "Why?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13721
+#: freeculture.xml:14502
msgid ""
"As I suggested in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"property-i\"/>, the motivation to abolish formalities was a good "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13730
+#: freeculture.xml:14511
msgid ""
"But the Internet changes all this. Formalities today need not be a "
"burden. Rather, the world without formalities is the world that burdens "
#. f1.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13744
+#: freeculture.xml:14525
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><section><section><para>
-#: freeculture.xml:13742
+#: freeculture.xml:14523
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><section><section><para>
-#: freeculture.xml:13752
+#: freeculture.xml:14533
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><section><section><section><title>
-#: freeculture.xml:13764
+#: freeculture.xml:14545
msgid "REGISTRATION AND RENEWAL"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13766
+#: freeculture.xml:14547
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><section><section><section><para>
-#: freeculture.xml:13779
+#: freeculture.xml:14560
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><section><section><section><para>
-#: freeculture.xml:13788
+#: freeculture.xml:14569
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><section><section><section><para>
-#: freeculture.xml:13798
+#: freeculture.xml:14579
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><section><section><section><title>
-#: freeculture.xml:13813
+#: freeculture.xml:14594
msgid "MARKING"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13815
+#: freeculture.xml:14596
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><section><section><section><para>
-#: freeculture.xml:13825
+#: freeculture.xml:14606
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><section><section><section><para>
-#: freeculture.xml:13831
+#: freeculture.xml:14612
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><section><section><section><para><footnote><para>
-#: freeculture.xml:13848
+#: freeculture.xml:14629
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><section><section><section><para>
-#: freeculture.xml:13841
+#: freeculture.xml:14622
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><section><section><section><para>
-#: freeculture.xml:13861
+#: freeculture.xml:14642
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 "
"elsewhere."
msgstr ""
+#. type: Content of: <book><chapter><section><section><section><indexterm><secondary>
+#: freeculture.xml:14648
+msgid "copyright marking of"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13868
+#: freeculture.xml:14650
msgid ""
"For example, if a recording industry association devises a method for "
"marking CDs, it would propose that to the Copyright Office. The Copyright "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13880
+#: freeculture.xml:14662
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><section><section><section><para>
-#: freeculture.xml:13888
+#: freeculture.xml:14670
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><section><section><section><para>
-#: freeculture.xml:13893
+#: freeculture.xml:14675
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><section><section><title>
-#: freeculture.xml:13905
+#: freeculture.xml:14687
msgid "2. Shorter Terms"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13907
+#: freeculture.xml:14689
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><section><section><para><footnote><para>
-#: freeculture.xml:13920
+#: freeculture.xml:14702
msgid ""
"<quote>A Radical Rethink,</quote> <citetitle>Economist</citetitle>, 366:8308 "
"(25 January 2003): 15, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13912
+#: freeculture.xml:14694
msgid ""
"In <citetitle>The Future of Ideas</citetitle>, I proposed a "
"seventy-five-year term, granted in five-year increments with a requirement "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13927
+#: freeculture.xml:14709
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><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13935
+#: freeculture.xml:14717
msgid ""
"<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 "
#. (2)
#. PAGE BREAK 298
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13944
+#: freeculture.xml:14726
msgid ""
"<emphasis>Keep it simple:</emphasis> The line between the public domain and "
"protected content must be kept clear. Lawyers like the fuzziness of "
"use</quote> and <quote>idea/expression</quote> less necessary to navigate."
msgstr ""
+#. type: Content of: <book><chapter><section><section><orderedlist><listitem><indexterm><primary>
+#: freeculture.xml:14738
+msgid "veterans' pensions"
+msgstr ""
+
#. f4.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><footnote><para>
-#: freeculture.xml:13965
+#: freeculture.xml:14749
msgid ""
"Department of Veterans Affairs, Veteran's Application for Compensation "
"and/or Pension, VA Form 21-526 (OMB Approved No. 2900-0001), available at "
"<ulink url=\"http://free-culture.cc/notes/\">link #75</ulink>."
msgstr ""
-#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><indexterm><primary>
-#: freeculture.xml:13973
-msgid "veterans' pensions"
-msgstr ""
-
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13957
+#: freeculture.xml:14741
msgid ""
"<emphasis>Keep it alive:</emphasis> Copyright should have to be renewed. "
"Especially if the maximum term is long, the copyright owner should be "
"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\"/>"
+"single form."
msgstr ""
#. (4)
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13977
+#: freeculture.xml:14760
msgid ""
"<emphasis>Keep it prospective:</emphasis> Whatever the term of copyright "
"should be, the clearest lesson that economists teach is that a term once "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13993
+#: freeculture.xml:14776
msgid ""
"These changes together should produce an <emphasis>average</emphasis> "
"copyright term that is much shorter than the current term. Until 1976, the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13999
+#: freeculture.xml:14782
msgid ""
"No doubt the extremists will call these ideas <quote>radical.</quote> (After "
"all, I call them <quote>extremists.</quote>) But again, the term I "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:14009
+#: freeculture.xml:14792
msgid "3. Free Use Vs. Fair Use"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14016
+#: freeculture.xml:14796
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><section><section><para>
-#: freeculture.xml:14024
+#: freeculture.xml:14804
msgid ""
"Our Constitution gives Congress the power to give authors <quote>exclusive "
"right</quote> to <quote>their writings.</quote> Congress has given authors "
"movie is not <quote>my writing.</quote>"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14812
+msgid "Kaplan, Benjamin"
+msgstr ""
+
#. f5.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14037
+#: freeculture.xml:14818
msgid ""
"Benjamin Kaplan, <citetitle>An Unhurried View of Copyright</citetitle> (New "
"York: Columbia University Press, 1967), 32."
msgstr ""
-#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:14043
-msgid "Kaplan, Benjamin"
-msgstr ""
-
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14033
+#: freeculture.xml:14814
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 "
"dramatizations of a work.<placeholder type=\"footnote\" id=\"0\"/> The "
"courts have expanded it slowly through judicial interpretation ever "
"since. This expansion has been commented upon by one of the law's greatest "
-"judges, Judge Benjamin Kaplan. <placeholder type=\"indexterm\" id=\"1\"/>"
+"judges, Judge Benjamin Kaplan."
msgstr ""
#. f6.
#. type: Content of: <book><chapter><section><section><blockquote><para><footnote><para>
-#: freeculture.xml:14051
+#: freeculture.xml:14831
msgid "Ibid., 56."
msgstr ""
#. type: Content of: <book><chapter><section><section><blockquote><para>
-#: freeculture.xml:14047
+#: freeculture.xml:14827
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><section><section><para>
-#: freeculture.xml:14056
+#: freeculture.xml:14836
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><section><section><para>
-#: freeculture.xml:14063
+#: freeculture.xml:14843
msgid ""
"<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 "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14076
+#: freeculture.xml:14856
msgid ""
"<emphasis>Scope:</emphasis> Likewise should the scope of derivative rights "
"be narrowed. Again, there are some cases in which derivative rights are "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14090
+#: freeculture.xml:14870
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><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:14106
+#: freeculture.xml:14886
msgid "Goldstein, Paul"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14104
+#: freeculture.xml:14884
msgid ""
"Paul Goldstein, <citetitle>Copyright's Highway: From Gutenberg to the "
"Celestial Jukebox</citetitle> (Stanford: Stanford University Press, 2003), "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14098
+#: freeculture.xml:14878
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><section><section><para>
-#: freeculture.xml:14112
+#: freeculture.xml:14892
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><section><section><para>
-#: freeculture.xml:14119
+#: freeculture.xml:14899
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><section><section><title>
-#: freeculture.xml:14129
+#: freeculture.xml:14909
msgid "4. Liberate the Music—Again"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14131
+#: freeculture.xml:14911
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><section><section><para>
-#: freeculture.xml:14138
+#: freeculture.xml:14918
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><section><section><para>
-#: freeculture.xml:14147
+#: freeculture.xml:14927
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><section><section><para>
-#: freeculture.xml:14154
+#: freeculture.xml:14934
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><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14163
+#: freeculture.xml:14943
msgid ""
"There are some who are using sharing networks as substitutes for purchasing "
"CDs."
#. B.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14168
+#: freeculture.xml:14948
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><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14174
+#: freeculture.xml:14954
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><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14180
+#: freeculture.xml:14960
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><section><section><para>
-#: freeculture.xml:14186
+#: freeculture.xml:14968
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><section><section><para>
-#: freeculture.xml:14194
+#: freeculture.xml:14976
msgid ""
"As I said in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"piracy\"/>, the actual harm caused by sharing is controversial. "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14202
+#: freeculture.xml:14984
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><section><section><para>
-#: freeculture.xml:14207
+#: freeculture.xml:14989
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><section><section><para>
-#: freeculture.xml:14219
+#: freeculture.xml:15001
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 "
"where with the flip of a device, you are connected."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:15015
+msgid "cell phones, music streamed over"
+msgstr ""
+
#. f8.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14252
+#: freeculture.xml:15035
msgid ""
"See, for example, <quote>Music Media Watch,</quote> The J@pan "
"Inc. Newsletter, 3 April 2002, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14234
+#: freeculture.xml:15017
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 "
#. PAGE BREAK 304
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14259
+#: freeculture.xml:15042
msgid ""
"This point about the future is meant to suggest a perspective on the "
"present: It is emphatically temporary. The <quote>problem</quote> with file "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14275
+#: freeculture.xml:15058
msgid ""
"The answer begins with recognizing that there are different "
"<quote>problems</quote> here to solve. Let's start with type D "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14286
+#: freeculture.xml:15069
msgid ""
"Type C content raises a different <quote>problem.</quote> This is content "
"that was, at one time, published and is no longer available. It may be "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14295
+#: freeculture.xml:15080
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><section><section><para>
-#: freeculture.xml:14305
+#: freeculture.xml:15090
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><section><section><para>
-#: freeculture.xml:14316
+#: freeculture.xml:15101
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><section><section><para>
-#: freeculture.xml:14326
+#: freeculture.xml:15111
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><section><section><para>
-#: freeculture.xml:14336
+#: freeculture.xml:15121
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><section><section><para>
-#: freeculture.xml:14344
+#: freeculture.xml:15129
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><section><section><para>
-#: freeculture.xml:14348
+#: freeculture.xml:15133
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><section><section><para>
-#: freeculture.xml:14359
+#: freeculture.xml:15144
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><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:14408
-msgid "Fisher, William"
+#: freeculture.xml:15151 freeculture.xml:15193
+msgid "Promises to Keep (Fisher)"
msgstr ""
-#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:14410 freeculture.xml:14437
-msgid "Promises to Keep (Fisher)"
+#. type: Content of: <book><chapter><section><section><para><
footnote><para><indexterm><primary>
+#: freeculture.xml:15191
+msgid "Fisher, William"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14371
+#: freeculture.xml:15157
msgid ""
"<placeholder type=\"indexterm\" id=\"0\"/> William Fisher, "
"<citetitle>Digital Music: Problems and Possibilities</citetitle> (last "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14367
+#: freeculture.xml:15153
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><section><section><para>
-#: freeculture.xml:14424
+#: freeculture.xml:15207
msgid ""
"Fisher's proposal is careful and comprehensive. It raises a million "
"questions, most of which he answers well in his upcoming book, "
"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. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"old system of controlling access."
msgstr ""
#. PAGE BREAK 307
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14444
+#: freeculture.xml:15224
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 "
"do with the content itself."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:15237
+msgid "MusicStore"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:15239
+msgid "prices of"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14458
+#: freeculture.xml:15241
msgid ""
"No doubt it would be difficult to calculate the proper measure of "
"<quote>harm</quote> to an industry. But the difficulty of making that "
"on-line."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:15256
+msgid "cable vs. broadcast"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:15259
+msgid "luxury theatres vs. video piracy in"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14474
+#: freeculture.xml:15261
msgid ""
"This competition has already occurred against the background of "
"<quote>free</quote> music from p2p systems. As the sellers of cable "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14486
+#: freeculture.xml:15273
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><section><section><para>
-#: freeculture.xml:14495
+#: freeculture.xml:15282
msgid "In summary, then, my proposal is this:"
msgstr ""
#. PAGE BREAK 308
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14500
+#: freeculture.xml:15287
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><section><section><para>
-#: freeculture.xml:14507
+#: freeculture.xml:15294
msgid "We can minimize that harm while maximizing the benefit to innovation by"
msgstr ""
#. 1.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14513
+#: freeculture.xml:15300
msgid "guaranteeing the right to engage in type D sharing;"
msgstr ""
#. 2.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14517
+#: freeculture.xml:15304
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><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14523
+#: freeculture.xml:15310
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><section><section><para>
-#: freeculture.xml:14528
+#: freeculture.xml:15315
msgid ""
"But what if <quote>piracy</quote> doesn't disappear? What if there is a "
"competitive market providing content at a low cost, but a significant number "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14534
+#: freeculture.xml:15321
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 "
#. PAGE BREAK 309
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14548
+#: freeculture.xml:15335
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><section><section><title>
-#: freeculture.xml:14559
+#: freeculture.xml:15346
msgid "5. Fire Lots of Lawyers"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14561
+#: freeculture.xml:15348
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><section><section><para>
-#: freeculture.xml:14567
+#: freeculture.xml:15354
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 "
"to question or counter that one strong view queers the law."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:15361
+msgid "Nimmer, Melville"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:15362
+msgid "Supreme Court challenge of"
+msgstr ""
+
#. f10.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14584
+#: freeculture.xml:15373
msgid ""
"Lawrence Lessig, <quote>Copyright's First Amendment</quote> (Melville "
"B. Nimmer Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14575
+#: freeculture.xml:15364
msgid ""
"The evidence of this bending is compelling. I'm attacked as a "
"<quote>radical</quote> by many within the profession, yet the positions that "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14590
+#: freeculture.xml:15379
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><section><section><para><footnote><para>
-#: freeculture.xml:14600
+#: freeculture.xml:15389
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 "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14595
+#: freeculture.xml:15384
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><section><section><para>
-#: freeculture.xml:14624
+#: freeculture.xml:15413
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><section><section><para>
-#: freeculture.xml:14632
+#: freeculture.xml:15421
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><section><section><para>
-#: freeculture.xml:14642
+#: freeculture.xml:15431
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><section><section><para>
-#: freeculture.xml:14650
+#: freeculture.xml:15439
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><section><section><para>
-#: freeculture.xml:14656
+#: freeculture.xml:15446
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 "
"produces. Again, this is the reality of Brezhnev's Russia."
msgstr ""
-#. PAGE BREAK 311
+#. PAGE BREAK 311
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14665
+#: freeculture.xml:15455
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><section><section><para>
-#: freeculture.xml:14674
+#: freeculture.xml:15464
msgid ""
"We should ask, <quote>Why?</quote> 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:14683
+#: freeculture.xml:15473
msgid "NOTES"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14685
+#: freeculture.xml:15475
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:14700
+#: freeculture.xml:15494
msgid "ACKNOWLEDGMENTS"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14702
+#: freeculture.xml:15496
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:14709
+#: freeculture.xml:15503
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:14722
+#: freeculture.xml:15516
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:14733
+#: freeculture.xml:15527
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:14753
+#: freeculture.xml:15547
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:14762
+#: freeculture.xml:15556
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 "
"always been right. This slow learner is, as ever, grateful for her perpetual "
"patience and love."
msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15567
+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:15571
+msgid "Copyright © Lawrence Lessig. All rights reserved."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15574
+msgid ""
+"Excerpt from an editorial titled <quote>The Coming of Copyright "
+"Perpetuity,</quote> <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:15579
+msgid ""
+"Cartoon in <xref linkend=\"fig-1711-vcr-handgun-cartoonfig\"/> by Paul "
+"Conrad, copyright Tribune Media Services, Inc. All rights "
+"reserved. Reprinted with permission."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15583
+msgid ""
+"Diagram in <xref linkend=\"fig-1761-pattern-modern-media-ownership\"/> "
+"courtesy of the office of FCC Commissioner, Michael J. Copps."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15587
+msgid "Library of Congress Cataloging-in-Publication Data"
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15590
+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:15595
+msgid "p. cm."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15598
+msgid "Includes index."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15601
+msgid "ISBN 1-59420-006-8 (hardcover)"
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15605
+msgid ""
+"1. Intellectual property—United States. 2. Mass media—United "
+"States."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15608
+msgid ""
+"3. Technological innovations—United States. 4. Art—United "
+"States. I. Title."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15611
+msgid "KF2979.L47"
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15614
+msgid "343.7309'9—dc22"
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15617
+msgid "This book is printed on acid-free paper."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15620
+msgid "Printed in the United States of America"
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15623
+msgid "1 3 5 7 9 10 8 6 4"
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15626
+msgid "Designed by Marysarah Quinn"
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15630
+msgid "&translationblock;"
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15634
+msgid ""
+"Without limiting the rights under copyright reserved above, no part of this "
+"publication may be reproduced, stored in or introduced into a retrieval "
+"system, or transmitted, in any form or by any means (electronic, mechanical, "
+"photocopying, recording or otherwise), without the prior written permission "
+"of both the copyright owner and the above publisher of this book."
+msgstr ""
+
+#. type: Content of: <book><colophon><para>
+#: freeculture.xml:15642
+msgid ""
+"The scanning, uploading, and distribution of this book via the Internet or "
+"via any other means without the permission of the publisher is illegal and "
+"punishable by law. Please purchase only authorized electronic editions and "
+"do not participate in or encourage electronic piracy of copyrighted "
+"materials. Your support of the author's rights is appreciated."
+msgstr ""
projects / text-free-culture-lessig.git / blobdiff