publisher or the distributor has decided it no longer makes economic
sense <emphasis>to the company</emphasis> to make it available.
</para>
+<indexterm>
+ <primary>books</primary>
+ <secondary>resales of</secondary>
+</indexterm>
<para>
In real space—long before the Internet—the market had a simple
<!-- PAGE BREAK 85 -->
thousands of used book and used record stores in America
today.<footnote><para>
<!-- f16 -->
-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
+<indexterm>
+ <primary>books</primary>
+ <secondary>resales of</secondary>
+</indexterm>
+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>.
</para></footnote>
These stores buy content from owners, then sell the content they
only so long as it benefited society. The British saw the harms from
specialinterest favors; they passed a law to stop them.
</para>
+<indexterm id='idxbooksellers' class='startofrange'>
+ <primary>booksellers, English</primary>
+</indexterm>
<para>
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.
culture is available to people and how they get access to it are made
by the few despite the wishes of the many.
</para>
+<indexterm startref='idxbooksellers' class='endofrange'/>
<para>
At least, this was the rule in a world where the Parliament is
antimonopoly, resistant to the protectionist pleas of publishers. In a
<primary>books</primary>
<secondary>out of print</secondary>
</indexterm>
+<indexterm>
+ <primary>books</primary>
+ <secondary>resales of</secondary>
+</indexterm>
<para>
Even today, this structure would make sense. Most creative work
has an actual commercial life of just a couple of years. Most books fall
<title>All potential uses of a book.</title>
<graphic fileref="images/1521.png"></graphic>
</figure>
+<indexterm id='idxbooksusetypes' class='startofrange'>
+ <primary>books</primary>
+ <secondary>three types of uses of</secondary>
+</indexterm>
<para>
<!-- PAGE BREAK 152 -->
Think about a book in real space, and imagine this circle to represent
sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that
are nonetheless deemed <quote>fair</quote> regardless of the copyright owner's views.
</para>
+<indexterm startref='idxbooksusetypes' class='endofrange'/>
<indexterm>
<primary>books</primary>
<secondary>on Internet</secondary>
<primary>books</primary>
<secondary>out of print</secondary>
</indexterm>
+<indexterm>
+ <primary>books</primary>
+ <secondary>resales of</secondary>
+</indexterm>
<para>
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