Correct commend and indend comments to make it easier to get emacs to

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

diff --git a/freeculture.xml b/freeculture.xml
index 63d959feb129148cea28828a5ff8ddfdf0ed636e..9addf20120c82fa97f56a79e3dc2e013ec9ddc3c 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -1,7 +1,7 @@
 <?xml version='1.0' encoding='UTF-8' ?>
 <?xml-stylesheet href="docbook-css-0.4/driver.css" type="text/css"?>
 <!-- Converted to DocBook by Hans Schou 2004-03-29.  Updated and improved
 <?xml version='1.0' encoding='UTF-8' ?>
 <?xml-stylesheet href="docbook-css-0.4/driver.css" type="text/css"?>
 <!-- Converted to DocBook by Hans Schou 2004-03-29.  Updated and improved

-     by Petter Reinholdtsen 2012. -->
+     by Petter Reinholdtsen 2012 with input from Martin Borg. -->

 <!--
   TODO
   * indexterm primary
 <!--
   TODO
   * indexterm primary


@@ -12,9 +12,6 @@
    <!ENTITY copy "©">
    <!ENTITY translationblock "">
 ]>
    <!ENTITY copy "©">
    <!ENTITY translationblock "">
 ]>

-<!--
--->
-

 <book id="index" lang="en">
 <bookinfo>
  <title>Free Culture</title>
 <book id="index" lang="en">
 <bookinfo>
  <title>Free Culture</title>


@@ -351,9 +348,10 @@ c      INDEX
   <primary>Pogue, David</primary>
 </indexterm>
 <para>
   <primary>Pogue, David</primary>
 </indexterm>
 <para>

-At the end of his review of my first book, <citetitle>Code: And Other
-Laws of Cyberspace</citetitle>, David Pogue, a brilliant writer and
-author of countless technical and computer-related texts, wrote this:
+<emphasis role="bold">At the end</emphasis> of his review of my first
+book, <citetitle>Code: And Other Laws of Cyberspace</citetitle>, David
+Pogue, a brilliant writer and author of countless technical and
+computer-related texts, wrote this:

 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>


@@ -497,6 +495,17 @@ book is written.
 <!-- PAGE BREAK 16 -->
 <chapter label="0" id="c-introduction">
 <title>INTRODUCTION</title>
 <!-- PAGE BREAK 16 -->
 <chapter label="0" id="c-introduction">
 <title>INTRODUCTION</title>

+<indexterm id='idxairtraffic' class='startofrange'>
+  <primary>air traffic, land ownership vs.</primary>
+</indexterm>
+<indexterm id='idxlandownership' class='startofrange'>
+  <primary>land ownership, air traffic and</primary>
+</indexterm>
+<indexterm id='idxproprigtair' class='startofrange'>
+  <primary>property rights</primary>
+  <secondary>air traffic vs.</secondary>
+</indexterm>
+<indexterm><primary>Wright brothers</primary></indexterm>

 <para>
 On December 17, 1903, on a windy North Carolina beach for just
 shy of one hundred seconds, the Wright brothers demonstrated that a
 <para>
 On December 17, 1903, on a windy North Carolina beach for just
 shy of one hundred seconds, the Wright brothers demonstrated that a


@@ -592,6 +601,7 @@ as solid as rock in one age crumble in another.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

+<indexterm><primary>Wright brothers</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -610,8 +620,14 @@ end, the force of what seems <quote>obvious</quote> to everyone else&mdash;the p
 <quote>common sense</quote>&mdash;would prevail. Their <quote>private interest</quote> would not be
 allowed to defeat an obvious public gain.
 </para>
 <quote>common sense</quote>&mdash;would prevail. Their <quote>private interest</quote> would not be
 allowed to defeat an obvious public gain.
 </para>

+<indexterm startref='idxproprigtair' class='endofrange'/>
+<indexterm startref='idxlandownership' class='endofrange'/>
+<indexterm startref='idxairtraffic' class='endofrange'/>
+<indexterm id='idxarmstrongedwin' class='startofrange'>
+  <primary>Armstrong, Edwin Howard</primary>
+</indexterm>

 <para>
 <para>

-Edwin Howard Armstrong is one of America's forgotten inventor
+<emphasis role='strong'>Edwin Howard Armstrong</emphasis> is one of America's forgotten inventor

 geniuses. He came to the great American inventor scene just after the
 titans Thomas Edison and Alexander Graham Bell. But his work in
 the area of radio technology was perhaps the most important of any
 geniuses. He came to the great American inventor scene just after the
 titans Thomas Edison and Alexander Graham Bell. But his work in
 the area of radio technology was perhaps the most important of any


@@ -759,6 +775,7 @@ would not even cover Armstrong's lawyers' fees. Defeated, broken, and
 now broke, in 1954 Armstrong wrote a short note to his wife and then
 stepped out of a thirteenth-story window to his death.
 </para>
 now broke, in 1954 Armstrong wrote a short note to his wife and then
 stepped out of a thirteenth-story window to his death.
 </para>

+<indexterm startref='idxarmstrongedwin' class='endofrange'/>

 <para>
 This is how the law sometimes works. Not often this tragically, and
 rarely with heroic drama, but sometimes, this is how it works. From
 <para>
 This is how the law sometimes works. Not often this tragically, and
 rarely with heroic drama, but sometimes, this is how it works. From


@@ -1012,6 +1029,7 @@ trespass.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

+<indexterm><primary>Wright brothers</primary></indexterm>

 <para>
 And thus, when geeks and technologists defend their Armstrong or
 Wright brothers technology, most of us are simply unsympathetic.
 <para>
 And thus, when geeks and technologists defend their Armstrong or
 Wright brothers technology, most of us are simply unsympathetic.


@@ -1990,6 +2008,7 @@ people, literacy is about reading and writing. Faulkner and Hemingway
 and noticing split infinitives are the things that <quote>literate</quote> people know
 about.
 </para>
 and noticing split infinitives are the things that <quote>literate</quote> people know
 about.
 </para>

+<indexterm><primary>advertising</primary></indexterm>

 <para>
 Maybe. But in a world where children see on average 390 hours of
 television commercials per year, or between 20,000 and 45,000 
 <para>
 Maybe. But in a world where children see on average 390 hours of
 television commercials per year, or between 20,000 and 45,000 


@@ -2452,6 +2471,7 @@ request. Last year Steve Olafson, a <citetitle>Houston Chronicle</citetitle> rep
 fired for keeping a personal Web log, published under a pseudonym,
 that dealt with some of the issues and people he was covering.</quote>)
 <indexterm><primary>CNN</primary></indexterm>
 fired for keeping a personal Web log, published under a pseudonym,
 that dealt with some of the issues and people he was covering.</quote>)
 <indexterm><primary>CNN</primary></indexterm>

+<indexterm><primary>Olafson, Steve</primary></indexterm>

 </para></footnote>
 But it is clear that we are still in transition. <quote>A
 
 </para></footnote>
 But it is clear that we are still in transition. <quote>A
 


@@ -2481,6 +2501,9 @@ extraordinary to report.
 <indexterm id="idxbrownjohnseely" class='startofrange'>
   <primary>Brown, John Seely</primary>
 </indexterm>
 <indexterm id="idxbrownjohnseely" class='startofrange'>
   <primary>Brown, John Seely</primary>
 </indexterm>

+<indexterm id='idxadvertising1' class='startofrange'>
+  <primary>advertising</primary>
+</indexterm>

 <para>
 John Seely Brown is the chief scientist of the Xerox Corporation.
 His work, as his Web site describes it, is <quote>human learning and &hellip; the
 <para>
 John Seely Brown is the chief scientist of the Xerox Corporation.
 His work, as his Web site describes it, is <quote>human learning and &hellip; the


@@ -2541,6 +2564,7 @@ you are visual, if you are interested in film &hellip; [then] there is a
 lot you can start to do on this medium. [It] can now amplify and honor
 these multiple forms of intelligence.</quote>
 </para>
 lot you can start to do on this medium. [It] can now amplify and honor
 these multiple forms of intelligence.</quote>
 </para>

+<indexterm startref='idxadvertising1' class='endofrange'/>

 <indexterm><primary>Barish, Stephanie</primary></indexterm>
 <para>
 Brown is talking about what Elizabeth Daley, Stephanie Barish, and
 <indexterm><primary>Barish, Stephanie</primary></indexterm>
 <para>
 Brown is talking about what Elizabeth Daley, Stephanie Barish, and


@@ -2751,6 +2775,7 @@ demanded to know how much money Jesse had. Jesse had saved
 $12,000 from summer jobs and other employment. They demanded
 $12,000 to dismiss the case.
 </para>
 $12,000 from summer jobs and other employment. They demanded
 $12,000 to dismiss the case.
 </para>

+<indexterm><primary>Oppenheimer, Matt</primary></indexterm>

 <para>
 The RIAA wanted Jesse to admit to doing something wrong. He
 refused. They wanted him to agree to an injunction that would
 <para>
 The RIAA wanted Jesse to admit to doing something wrong. He
 refused. They wanted him to agree to an injunction that would


@@ -2776,6 +2801,10 @@ paper saying he and his family were bankrupt.
 So Jesse faced a mafia-like choice: $250,000 and a chance at winning,
 or $12,000 and a settlement.
 </para>
 So Jesse faced a mafia-like choice: $250,000 and a chance at winning,
 or $12,000 and a settlement.
 </para>

+<indexterm>
+<primary>artists</primary>
+<secondary>recording industry payments to</secondary>
+</indexterm>

 <para>
 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.
 <para>
 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.


@@ -2885,7 +2914,9 @@ 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,
 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.  </para></footnote>
+Working Paper No. 159.
+<indexterm><primary>broadcast flag</primary></indexterm>
+</para></footnote>

 <indexterm><primary>Fox, William</primary></indexterm>
 <indexterm><primary>General Film Company</primary></indexterm>
 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 <indexterm><primary>Fox, William</primary></indexterm>
 <indexterm><primary>General Film Company</primary></indexterm>
 <indexterm><primary>Picker, Randal C.</primary></indexterm>


@@ -3124,6 +3155,10 @@ creative work, the record producers, and the public, benefit.
 </section>
 <section id="radio">
 <title>Radio</title>
 </section>
 <section id="radio">
 <title>Radio</title>

+<indexterm id='idxartistspayments1' class='startofrange'>
+  <primary>artists</primary>
+  <secondary>recording industry payments to</secondary>
+</indexterm>

 <para>
 Radio was also born of piracy.
 </para>
 <para>
 Radio was also born of piracy.
 </para>


@@ -3198,6 +3233,7 @@ ordinarily gives the creator the right to make this choice. By making
 the choice for him or her, the law gives the radio station the right
 to take something for nothing.
 </para>
 the choice for him or her, the law gives the radio station the right
 to take something for nothing.
 </para>

+<indexterm startref='idxartistspayments1' class='endofrange'/>

 </section>
 <section id="cabletv">
 <title>Cable TV</title>
 </section>
 <section id="cabletv">
 <title>Cable TV</title>


@@ -3362,6 +3398,7 @@ has so often done in the past.
 </para>
 <section id="piracy-i">
 <title>Piracy I</title>
 </para>
 <section id="piracy-i">
 <title>Piracy I</title>

+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>

 <para>
 All across the world, but especially in Asia and Eastern Europe, there
 are businesses that do nothing but take others people's copyrighted
 <para>
 All across the world, but especially in Asia and Eastern Europe, there
 are businesses that do nothing but take others people's copyrighted


@@ -3440,6 +3477,7 @@ advantage of that opportunity, but when they don't, then their laws
 should be respected. And under the laws of these nations, this piracy
 is wrong.
 </para>
 should be respected. And under the laws of these nations, this piracy
 is wrong.
 </para>

+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -3488,6 +3526,7 @@ a property system, and that system is properly balanced to the
 technology of a time, then it is wrong to take property without the
 permission of a property owner. That is exactly what <quote>property</quote> means.
 </para>
 technology of a time, then it is wrong to take property without the
 permission of a property owner. That is exactly what <quote>property</quote> means.
 </para>

+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>

 <para>
 Finally, we could try to excuse this piracy with the argument that the
 piracy actually helps the copyright owner. When the Chinese <quote>steal</quote>
 <para>
 Finally, we could try to excuse this piracy with the argument that the
 piracy actually helps the copyright owner. When the Chinese <quote>steal</quote>


@@ -4037,6 +4076,10 @@ technology.  In this adjustment, the law sought to ensure the
 legitimate rights of creators while protecting innovation. Sometimes
 this has meant more rights for creators. Sometimes less.
 </para>
 legitimate rights of creators while protecting innovation. Sometimes
 this has meant more rights for creators. Sometimes less.
 </para>

+<indexterm>
+  <primary>artists</primary>
+  <secondary>recording industry payments to</secondary>
+</indexterm>

 <para>
 So, as we've seen, when <quote>mechanical reproduction</quote> threatened the
 interests of composers, Congress balanced the rights of composers
 <para>
 So, as we've seen, when <quote>mechanical reproduction</quote> threatened the
 interests of composers, Congress balanced the rights of composers


@@ -4247,6 +4290,7 @@ controlling the technology of DAT. See Audio Home Recording Act of
 eliminate the opportunity for free riding in the sense I've described. See
 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&ndash;96.
 eliminate the opportunity for free riding in the sense I've described. See
 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&ndash;96.

+<indexterm><primary>broadcast flag</primary></indexterm>

 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 </para></footnote>
 In each case, throughout our history,
 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 </para></footnote>
 In each case, throughout our history,


@@ -4422,6 +4466,7 @@ from the implications that the copyright warriors would have us draw.
 <chapter label="6" id="founders">
 <title>CHAPTER SIX: Founders</title>
 <indexterm><primary>Henry V</primary></indexterm>
 <chapter label="6" id="founders">
 <title>CHAPTER SIX: Founders</title>
 <indexterm><primary>Henry V</primary></indexterm>

+<indexterm><primary>Branagh, Kenneth</primary></indexterm>

 <para>
 William Shakespeare wrote <citetitle>Romeo and Juliet</citetitle> in 1595. The play
 was first published in 1597. It was the eleventh major play that
 <para>
 William Shakespeare wrote <citetitle>Romeo and Juliet</citetitle> in 1595. The play
 was first published in 1597. It was the eleventh major play that


@@ -4561,6 +4606,7 @@ large collection of restrictions on the freedom of others: It grants
 the author the exclusive right to copy, the exclusive right to
 distribute, the exclusive right to perform, and so on.
 </para>
 the author the exclusive right to copy, the exclusive right to
 distribute, the exclusive right to perform, and so on.
 </para>

+<indexterm><primary>Branagh, Kenneth</primary></indexterm>

 <para>
 So, for example, even if the copyright to Shakespeare's works were
 perpetual, all that would have meant under the original meaning of the
 <para>
 So, for example, even if the copyright to Shakespeare's works were
 perpetual, all that would have meant under the original meaning of the


@@ -5116,7 +5162,9 @@ not.
 <chapter label="8" id="transformers">
 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>
 <chapter label="8" id="transformers">
 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>

-<indexterm><primary>Alben, Alex</primary></indexterm>
+<indexterm id='idxalbenalex1' class='startofrange'>
+  <primary>Alben, Alex</primary>
+</indexterm>

 <para>
 In 1993, Alex Alben was a lawyer working at Starwave, Inc.  Starwave
 was an innovative company founded by Microsoft cofounder Paul Allen to
 <para>
 In 1993, Alex Alben was a lawyer working at Starwave, Inc.  Starwave
 was an innovative company founded by Microsoft cofounder Paul Allen to


@@ -5124,7 +5172,10 @@ 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.
 </para>
 popular, Starwave began investing in new technology for delivering
 entertainment in anticipation of the power of networks.
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>
+<indexterm id='idxartistsretrospective' class='startofrange'>
+  <primary>artists</primary>
+  <secondary>retrospective compilations on</secondary>
+</indexterm>

 <para>
 Alben had a special interest in new technology. He was intrigued by
 the emerging market for CD-ROM technology&mdash;not to distribute
 <para>
 Alben had a special interest in new technology. He was intrigued by
 the emerging market for CD-ROM technology&mdash;not to distribute


@@ -5135,7 +5186,6 @@ chosen was Clint Eastwood. The idea was to showcase all of the work of
 Eastwood, with clips from his films and interviews with figures
 important to his career.
 </para>
 Eastwood, with clips from his films and interviews with figures
 important to his career.
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 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,
 <para>
 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,


@@ -5150,7 +5200,6 @@ posters, scripts, and other material relating to the films Eastwood
 made. Most of his career was spent at Warner Brothers, and so it was
 relatively easy to get permission for that content.
 </para>
 made. Most of his career was spent at Warner Brothers, and so it was
 relatively easy to get permission for that content.
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -5159,12 +5208,10 @@ arose. <quote>No one had ever really done this before,</quote> Alben explained.
 one had ever tried to do this in the context of an artistic look at an
 actor's career.</quote>
 </para>
 one had ever tried to do this in the context of an artistic look at an
 actor's career.</quote>
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Alben brought the idea to Michael Slade, the CEO of Starwave.
 Slade asked, <quote>Well, what will it take?</quote>
 </para>
 <para>
 Alben brought the idea to Michael Slade, the CEO of Starwave.
 Slade asked, <quote>Well, what will it take?</quote>
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Alben replied, <quote>Well, we're going to have to clear rights from
 everyone who appears in these films, and the music and everything
 <para>
 Alben replied, <quote>Well, we're going to have to clear rights from
 everyone who appears in these films, and the music and everything


@@ -5180,6 +5227,7 @@ Burn</quote> creativity, as this chapter evinces.
 <primary>artists</primary>
 <secondary>publicity rights on images of</secondary>
 </indexterm>
 <primary>artists</primary>
 <secondary>publicity rights on images of</secondary>
 </indexterm>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 </para></footnote>
 </para>
 <para>
 </para></footnote>
 </para>
 <para>


@@ -5216,7 +5264,6 @@ we put together a team, my assistant and some others, and we just
 started calling people.
 </para>
 </blockquote>
 started calling people.
 </para>
 </blockquote>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 Some actors were glad to help&mdash;Donald Sutherland, for example,
 followed up himself to be sure that the rights had been cleared.
 <para>
 Some actors were glad to help&mdash;Donald Sutherland, for example,
 followed up himself to be sure that the rights had been cleared.


@@ -5232,7 +5279,6 @@ career.
 It was one <emphasis>year</emphasis> later&mdash;<quote>and even then we
 weren't sure whether we were totally in the clear.</quote>
 </para>
 It was one <emphasis>year</emphasis> later&mdash;<quote>and even then we
 weren't sure whether we were totally in the clear.</quote>
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -5255,7 +5301,6 @@ systematically and cleared the rights.
 And no doubt, the product itself was exceptionally good. Eastwood
 loved it, and it sold very well.
 </para>
 And no doubt, the product itself was exceptionally good. Eastwood
 loved it, and it sold very well.
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <indexterm><primary>Drucker, Peter</primary></indexterm>
 <para>
 But I pressed Alben about how weird it seems that it would have to
 <indexterm><primary>Drucker, Peter</primary></indexterm>
 <para>
 But I pressed Alben about how weird it seems that it would have to


@@ -5318,13 +5363,15 @@ to cost me, and a certain number of people are going to hold me up for
 money,</quote> then it becomes difficult to put one of these things together.
 </para>
 </blockquote>
 money,</quote> then it becomes difficult to put one of these things together.
 </para>
 </blockquote>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 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 the average Web designer would not have. So if it took him a
 year, how long would it take someone else? And how much creativity is
 never made just because the costs of clearing the rights are so high?
 <para>
 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 the average Web designer would not have. So if it took him a
 year, how long would it take someone else? And how much creativity is
 never made just because the costs of clearing the rights are so high?

+</para>
+<indexterm startref='idxartistsretrospective' class='endofrange'/>
+<para>

 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 these rights, and the scope defined determines
 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 these rights, and the scope defined determines


@@ -5336,6 +5383,7 @@ change, they make no sense at all. Or at least, a well-trained,
 regulationminimizing Republican should look at the rights and ask,
 <quote>Does this still make sense?</quote>
 </para>
 regulationminimizing Republican should look at the rights and ask,
 <quote>Does this still make sense?</quote>
 </para>

+<indexterm startref='idxalbenalex1' class='endofrange'/>

 <para>
 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.
 <para>
 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.


@@ -5362,6 +5410,7 @@ began his talk with a question: <quote>Do you know how many federal laws
 were just violated in this room?</quote>
 </para>
 <indexterm><primary>Boies, David</primary></indexterm>
 were just violated in this room?</quote>
 </para>
 <indexterm><primary>Boies, David</primary></indexterm>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -5384,6 +5433,7 @@ and paste architecture of the Internet created&mdash;in a second you can
 find just about any image you want; in another second, you can have it
 planted in your presentation.
 </para>
 find just about any image you want; in another second, you can have it
 planted in your presentation.
 </para>

+<indexterm><primary>Camp Chaos</primary></indexterm>

 <para>
 But presentations are just a tiny beginning. Using the Internet and
 <!-- PAGE BREAK 117 -->
 <para>
 But presentations are just a tiny beginning. Using the Internet and
 <!-- PAGE BREAK 117 -->


@@ -5394,7 +5444,6 @@ takes images of 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.
 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.

-<indexterm><primary>Camp Chaos</primary></indexterm>

 </para>
 <para>
 All of these creations are technically illegal. Even if the creators
 </para>
 <para>
 All of these creations are technically illegal. Even if the creators


@@ -5472,6 +5521,9 @@ curse, reserved for the few.
 </chapter>
 <chapter label="9" id="collectors">
 <title>CHAPTER NINE: Collectors</title>
 </chapter>
 <chapter label="9" id="collectors">
 <title>CHAPTER NINE: Collectors</title>

+<indexterm id='idxarchivesdigital1' class='startofrange'>
+  <primary>archives, digital</primary>
+</indexterm>

 <para>
 In April 1996, millions of <quote>bots</quote>&mdash;computer codes designed to
 <quote>spider,</quote> or automatically search the Internet and copy content&mdash;began
 <para>
 In April 1996, millions of <quote>bots</quote>&mdash;computer codes designed to
 <quote>spider,</quote> or automatically search the Internet and copy content&mdash;began


@@ -5489,6 +5541,9 @@ the world. Using a technology called <quote>the Way Back Machine,</quote> you co
 enter a Web page, and see all of its copies going back to 1996, as
 well as when those pages changed.
 </para>
 enter a Web page, and see all of its copies going back to 1996, as
 well as when those pages changed.
 </para>

+<indexterm id='idxorwellgeorge' class='startofrange'>
+  <primary>Orwell, George</primary>
+</indexterm>

 <para>
 This is the thing about the Internet that Orwell would have
 appreciated.  In the dystopia described in <citetitle>1984</citetitle>, old newspapers were
 <para>
 This is the thing about the Internet that Orwell would have
 appreciated.  In the dystopia described in <citetitle>1984</citetitle>, old newspapers were


@@ -5509,6 +5564,7 @@ the same as the content you read before. The page may seem the same,
 but the content could easily be different. The Internet is Orwell's
 library&mdash;constantly updated, without any reliable memory.
 </para>
 but the content could easily be different. The Internet is Orwell's
 library&mdash;constantly updated, without any reliable memory.
 </para>

+<indexterm startref='idxorwellgeorge' class='endofrange'/>

 <para>
 Until the Way Back Machine, at least. With the Way Back Machine, and
 the Internet Archive underlying it, you can see what the Internet
 <para>
 Until the Way Back Machine, at least. With the Way Back Machine, and
 the Internet Archive underlying it, you can see what the Internet


@@ -5650,6 +5706,11 @@ their coverage during the week of September 11 available free on-line.
 Anyone could see how news reports from around the world covered the
 events of that day.
 </para>
 Anyone could see how news reports from around the world covered the
 events of that day.
 </para>

+<indexterm><primary>Movie Archive</primary></indexterm>
+<indexterm>
+  <primary>archive.org</primary>
+  <seealso>Internet Archive</seealso>
+</indexterm>

 <para>
 Kahle had the same idea with film. Working with Rick Prelinger, whose
 archive of film includes close to 45,000 <quote>ephemeral films</quote> (meaning
 <para>
 Kahle had the same idea with film. Working with Rick Prelinger, whose
 archive of film includes close to 45,000 <quote>ephemeral films</quote> (meaning


@@ -5667,7 +5728,6 @@ part of our culture.  Want to see a copy of the <quote>Duck and Cover</quote> fi
 that instructed children how to save themselves in the middle of
 nuclear attack? Go to archive.org, and you can download the film in a
 few minutes&mdash;for free.
 that instructed children how to save themselves in the middle of
 nuclear attack? Go to archive.org, and you can download the film in a
 few minutes&mdash;for free.

-<indexterm><primary>Movie Archive</primary></indexterm>

 </para>
 <para>
 Here again, Kahle is providing access to a part of our culture that we
 </para>
 <para>
 Here again, Kahle is providing access to a part of our culture that we


@@ -5761,6 +5821,10 @@ we are for the first time at a point where that dream is possible. As
 Kahle describes,
 </para>
 <blockquote>
 Kahle describes,
 </para>
 <blockquote>

+<indexterm>
+  <primary>books</primary>
+  <secondary>total number of</secondary>
+</indexterm>

 <para>
 It looks like there's about two to three million recordings of music.
 Ever. There are about a hundred thousand theatrical releases of
 <para>
 It looks like there's about two to three million recordings of music.
 Ever. There are about a hundred thousand theatrical releases of


@@ -5798,6 +5862,7 @@ the <quote>content</quote> that is collected in these digital spaces is also
 someone's <quote>property.</quote> And the law of property restricts the freedoms
 that Kahle and others would exercise.
 </para>
 someone's <quote>property.</quote> And the law of property restricts the freedoms
 that Kahle and others would exercise.
 </para>

+<indexterm startref='idxarchivesdigital1' class='endofrange'/>

 <!-- PAGE BREAK 127 -->
 </chapter>
 <chapter label="10" id="property-i">
 <!-- PAGE BREAK 127 -->
 </chapter>
 <chapter label="10" id="property-i">


@@ -6054,6 +6119,7 @@ with a $150,000 fine. The fine is an ex post punishment for violating
 an ex ante rule. It is imposed by the state.
 <indexterm><primary>Madonna</primary></indexterm>
 </para>
 an ex ante rule. It is imposed by the state.
 <indexterm><primary>Madonna</primary></indexterm>
 </para>

+<indexterm><primary>norms, regulatory influence of</primary></indexterm>

 <para>
 Norms are a different kind of constraint. They, too, punish an
 individual for violating a rule. But the punishment of a norm is
 <para>
 Norms are a different kind of constraint. They, too, punish an
 individual for violating a rule. But the punishment of a norm is


@@ -6065,6 +6131,7 @@ could easily be more harsh than many of the punishments imposed by the
 state. The mark of the difference is not the severity of the rule, but
 the source of the enforcement.
 </para>
 state. The mark of the difference is not the severity of the rule, but
 the source of the enforcement.
 </para>

+<indexterm><primary>market constraints</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -6075,6 +6142,7 @@ sold. But given a set of norms, and a background of property and
 contract law, the market imposes a simultaneous constraint upon how an
 individual or group might behave.
 </para>
 contract law, the market imposes a simultaneous constraint upon how an
 individual or group might behave.
 </para>

+<indexterm><primary>architecture, constraint effected through</primary></indexterm>

 <para>
 Finally, and for the moment, perhaps, most mysteriously,
 <quote>architecture</quote>&mdash;the physical world as one finds it&mdash;is a
 <para>
 Finally, and for the moment, perhaps, most mysteriously,
 <quote>architecture</quote>&mdash;the physical world as one finds it&mdash;is a


@@ -6110,6 +6178,9 @@ must consider how these four in particular interact.
 <indexterm id="idxdrivespeed" class='startofrange'>
   <primary>driving speed, constraints on</primary>
 </indexterm>
 <indexterm id="idxdrivespeed" class='startofrange'>
   <primary>driving speed, constraints on</primary>
 </indexterm>

+<indexterm><primary>architecture, constraint effected through</primary></indexterm>
+<indexterm><primary>market constraints</primary></indexterm>
+<indexterm><primary>norms, regulatory influence of</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -6156,6 +6227,7 @@ driving.
 <title>Law has a special role in affecting the three.</title>
 <graphic fileref="images/1361.png"></graphic>
 </figure>
 <title>Law has a special role in affecting the three.</title>
 <graphic fileref="images/1361.png"></graphic>
 </figure>

+<indexterm><primary>architecture, constraint effected through</primary></indexterm>

 <para>
 These constraints can thus change, and they can be changed. To
 understand the effective protection of liberty or protection of
 <para>
 These constraints can thus change, and they can be changed. To
 understand the effective protection of liberty or protection of


@@ -6196,6 +6268,8 @@ those interventions should be accounted for in order to understand the
 effective liberty that each of these groups might face.
 <indexterm><primary>Americans with Disabilities Act (1990)</primary></indexterm>
 <indexterm><primary>Commons, John R.</primary></indexterm>
 effective liberty that each of these groups might face.
 <indexterm><primary>Americans with Disabilities Act (1990)</primary></indexterm>
 <indexterm><primary>Commons, John R.</primary></indexterm>

+<indexterm><primary>architecture, constraint effected through</primary></indexterm>
+<indexterm><primary>market constraints</primary></indexterm>

 </para></footnote>
 </para>
 <section id="hollywood">
 </para></footnote>
 </para>
 <section id="hollywood">


@@ -6214,6 +6288,8 @@ Internet:
 <title>Copyright's regulation before the Internet.</title>
 <graphic fileref="images/1331.png"></graphic>
 </figure>
 <title>Copyright's regulation before the Internet.</title>
 <graphic fileref="images/1331.png"></graphic>
 </figure>

+<indexterm><primary>market constraints</primary></indexterm>
+<indexterm><primary>norms, regulatory influence of</primary></indexterm>

 <para>
 <!-- PAGE BREAK 136 -->
 There is balance between law, norms, market, and architecture. The law
 <para>
 <!-- PAGE BREAK 136 -->
 There is balance between law, norms, market, and architecture. The law


@@ -6287,6 +6363,7 @@ on the content industry's way of doing business, or as John Seely
 Brown describes it, its <quote>architecture of revenue.</quote>
 </para>
 <indexterm><primary>railroad industry</primary></indexterm>
 Brown describes it, its <quote>architecture of revenue.</quote>
 </para>
 <indexterm><primary>railroad industry</primary></indexterm>

+<indexterm><primary>advertising</primary></indexterm>

 <para>
 But just because a particular interest asks for government support, it
 doesn't follow that support should be granted. And just because
 <para>
 But just because a particular interest asks for government support, it
 doesn't follow that support should be granted. And just because


@@ -6317,6 +6394,8 @@ market. But does anyone believe we should regulate remotes to
 reinforce commercial television?  (Maybe by limiting them to function
 only once a second, or to switch to only ten channels within an hour?)
 </para>
 reinforce commercial television?  (Maybe by limiting them to function
 only once a second, or to switch to only ten channels within an hour?)
 </para>

+<indexterm><primary>Brezhnev, Leonid</primary></indexterm>
+<indexterm><primary>Gates, Bill</primary></indexterm>

 <para>
 The obvious answer to these obviously rhetorical questions is no.
 In a free society, with a free market, supported by free enterprise and
 <para>
 The obvious answer to these obviously rhetorical questions is no.
 In a free society, with a free market, supported by free enterprise and


@@ -6337,7 +6416,6 @@ 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.
 competitors with new ideas will not succeed. It is a world of stasis and
 increasingly concentrated stagnation. It is the Soviet Union under
 Brezhnev.

-<indexterm><primary>Gates, Bill</primary></indexterm>

 </para>
 <para>
 Thus, while it is understandable for industries threatened with new
 </para>
 <para>
 Thus, while it is understandable for industries threatened with new


@@ -6392,13 +6470,12 @@ production is a good thing. No one doubts that the work of Müller was
 important and valuable and probably saved lives, possibly millions.
 </para>
 <indexterm><primary>Carson, Rachel</primary></indexterm>
 important and valuable and probably saved lives, possibly millions.
 </para>
 <indexterm><primary>Carson, Rachel</primary></indexterm>

+<indexterm><primary>Silent Sprint (Carson)</primary></indexterm>

 <para>
 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.
 <para>
 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.

-<indexterm><primary>Carson, Rachel</primary></indexterm>
-<indexterm><primary>Silent Sprint (Carson)</primary></indexterm>

 </para>
 <para>
 No one set out to destroy the environment. Paul Müller certainly did
 </para>
 <para>
 No one set out to destroy the environment. Paul Müller certainly did


@@ -6409,6 +6486,7 @@ problems DDT caused were worse than the problems it solved, at least
 when considering the other, more environmentally friendly ways to
 solve the problems that DDT was meant to solve.
 </para>
 when considering the other, more environmentally friendly ways to
 solve the problems that DDT was meant to solve.
 </para>

+<indexterm><primary>Boyle, James</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -7114,6 +7192,9 @@ grounded in fair use makes sense when the vast majority of uses are
 presumptively regulated, then the protections of fair use are not
 enough.
 </para>
 presumptively regulated, then the protections of fair use are not
 enough.
 </para>

+<indexterm id='idxadvertising2' class='startofrange'>
+  <primary>advertising</primary>
+</indexterm>

 <para>
 The case of Video Pipeline is a good example. Video Pipeline was
 in the business of making <quote>trailer</quote> advertisements for movies available
 <para>
 The case of Video Pipeline is a good example. Video Pipeline was
 in the business of making <quote>trailer</quote> advertisements for movies available


@@ -7164,6 +7245,7 @@ permitted to list the titles of the films they were selling, but they were
 not allowed to show clips of the films as a way of selling them without
 Disney's permission.
 </para>
 not allowed to show clips of the films as a way of selling them without
 Disney's permission.
 </para>

+<indexterm startref='idxadvertising2' class='endofrange'/>

 <para>
 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
 <para>
 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


@@ -7178,6 +7260,7 @@ copy, use on the Internet becomes subject to the copyright owner's
 control. The technology expands the scope of effective control,
 because the technology builds a copy into every transaction.
 </para>
 control. The technology expands the scope of effective control,
 because the technology builds a copy into every transaction.
 </para>

+<indexterm><primary>Barnes &amp; Noble</primary></indexterm>

 <para>
 <!-- PAGE BREAK 158 -->
 No doubt, a potential is not yet an abuse, and so the potential for
 <para>
 <!-- PAGE BREAK 158 -->
 No doubt, a potential is not yet an abuse, and so the potential for


@@ -8195,6 +8278,9 @@ is through votes that we are to choose policy. But to do that, we
 depend fundamentally upon the press to help inform Americans about
 these issues.
 </para>
 depend fundamentally upon the press to help inform Americans about
 these issues.
 </para>

+<indexterm id='idxadvertising3' class='startofrange'>
+  <primary>advertising</primary>
+</indexterm>

 <para>
 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 produced
 <para>
 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 produced


@@ -8265,6 +8351,7 @@ was that the criticism was <quote>too controversial.</quote>
 <indexterm><primary>NBC</primary></indexterm>
 <indexterm><primary>WJOA</primary></indexterm>
 <indexterm><primary>WRC</primary></indexterm>
 <indexterm><primary>NBC</primary></indexterm>
 <indexterm><primary>WJOA</primary></indexterm>
 <indexterm><primary>WRC</primary></indexterm>

+<indexterm><primary>advertising</primary></indexterm>

 </para></footnote>
 </para>
 <para>
 </para></footnote>
 </para>
 <para>


@@ -8278,6 +8365,7 @@ matters. You might like the positions the handful of companies
 selects. But you should not like a world in which a mere few get to
 decide which issues the rest of us get to know about.
 </para>
 selects. But you should not like a world in which a mere few get to
 decide which issues the rest of us get to know about.
 </para>

+<indexterm startref='idxadvertising3' class='endofrange'/>

 </section>
 <section id="together">
 <title>Together</title>
 </section>
 <section id="together">
 <title>Together</title>


@@ -8555,6 +8643,7 @@ build upon or transform a creative work. American culture was born
 free, and for almost 180 years our country consistently protected a
 vibrant and rich free culture.
 </para>
 free, and for almost 180 years our country consistently protected a
 vibrant and rich free culture.
 </para>

+<indexterm><primary>archives, digital</primary></indexterm>

 <para>
 We achieved that free culture because our law respected important
 limits on the scope of the interests protected by <quote>property.</quote> The very
 <para>
 We achieved that free culture because our law respected important
 limits on the scope of the interests protected by <quote>property.</quote> The very


@@ -8904,6 +8993,7 @@ the side of the Causbys and the content industry. The extreme claims
 of control in the name of property still resonate; the uncritical
 rejection of <quote>piracy</quote> still has play.
 </para>
 of control in the name of property still resonate; the uncritical
 rejection of <quote>piracy</quote> still has play.
 </para>

+<indexterm><primary>Armstrong, Edwin Howard</primary></indexterm>

 <para>
 <!-- PAGE BREAK 193 -->
 There will be many consequences of continuing this war. I want to
 <para>
 <!-- PAGE BREAK 193 -->
 There will be many consequences of continuing this war. I want to


@@ -9002,6 +9092,7 @@ the maximum fine for downloading two songs off the Internet is more
 than the fine for a doctor's negligently butchering a patient?
 <indexterm><primary>Worldcom</primary></indexterm>
 </para>
 than the fine for a doctor's negligently butchering a patient?
 <indexterm><primary>Worldcom</primary></indexterm>
 </para>

+<indexterm><primary>art, underground</primary></indexterm>

 <para>
 The consequence of this legal uncertainty, tied to these extremely
 high penalties, is that an extraordinary amount of creativity will
 <para>
 The consequence of this legal uncertainty, tied to these extremely
 high penalties, is that an extraordinary amount of creativity will


@@ -9133,6 +9224,7 @@ other aspect by substituting <quote>free market</quote> every place I've spoken
 <quote>free culture.</quote>  The point is the same, even if the interests
 affecting culture are more fundamental.
 </para>
 <quote>free culture.</quote>  The point is the same, even if the interests
 affecting culture are more fundamental.
 </para>

+<indexterm><primary>market constraints</primary></indexterm>

 <para>
 The charge I've been making about the regulation of culture is the
 same charge free marketers make about regulating markets. Everyone, of
 <para>
 The charge I've been making about the regulation of culture is the
 same charge free marketers make about regulating markets. Everyone, of


@@ -9330,6 +9422,7 @@ innovation. If innovation is constantly checked by this uncertain and
 unlimited liability, we will have much less vibrant innovation and
 much less creativity.
 </para>
 unlimited liability, we will have much less vibrant innovation and
 much less creativity.
 </para>

+<indexterm><primary>market constraints</primary></indexterm>

 <para>
 The point is directly parallel to the crunchy-lefty point about fair
 use. Whatever the <quote>real</quote> law is, realism about the effect of law in
 <para>
 The point is directly parallel to the crunchy-lefty point about fair
 use. Whatever the <quote>real</quote> law is, realism about the effect of law in


@@ -9374,6 +9467,7 @@ of content.  One obvious response to this efficiency is thus to make
 the Internet less efficient. If the Internet enables <quote>piracy,</quote> then,
 this response says, we should break the kneecaps of the Internet.
 </para>
 the Internet less efficient. If the Internet enables <quote>piracy,</quote> then,
 this response says, we should break the kneecaps of the Internet.
 </para>

+<indexterm><primary>broadcast flag</primary></indexterm>

 <para>
 The examples of this form of legislation are many. At the urging of
 the content industry, some in Congress have threatened legislation that
 <para>
 The examples of this form of legislation are many. At the urging of
 the content industry, some in Congress have threatened legislation that


@@ -9490,10 +9584,15 @@ available at
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.
 <indexterm><primary>Berman, Howard L.</primary></indexterm>
 <indexterm><primary>Hollings, Fritz</primary></indexterm>
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.
 <indexterm><primary>Berman, Howard L.</primary></indexterm>
 <indexterm><primary>Hollings, Fritz</primary></indexterm>

+<indexterm><primary>broadcast flag</primary></indexterm>

 </para></footnote>
 But there is one example that captures the flavor of them all. This is
 the story of the demise of Internet radio.
 </para>
 </para></footnote>
 But there is one example that captures the flavor of them all. This is
 the story of the demise of Internet radio.
 </para>

+<indexterm>
+  <primary>artists</primary>
+  <secondary>recording industry payments to</secondary>
+</indexterm>

 <para>
 
 <!-- PAGE BREAK 204 -->
 <para>
 
 <!-- PAGE BREAK 204 -->


@@ -9541,6 +9640,7 @@ easily develop and market their content to a relatively large number
 of users worldwide. According to some estimates, more than eighty
 million users worldwide have tuned in to this new form of radio.
 </para>
 of users worldwide. According to some estimates, more than eighty
 million users worldwide have tuned in to this new form of radio.
 </para>

+<indexterm><primary>Armstrong, Edwin Howard</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 205 -->
 <para>
 
 <!-- PAGE BREAK 205 -->


@@ -9590,6 +9690,10 @@ those imposed by the law. Copyright law is one such law. So the first
 question we should ask is, what copyright rules would govern Internet
 radio?
 </para>
 question we should ask is, what copyright rules would govern Internet
 radio?
 </para>

+<indexterm id='idxartistspayments2' class='startofrange'>
+  <primary>artists</primary>
+  <secondary>recording industry payments to</secondary>
+</indexterm>

 <para>
 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
 <para>
 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


@@ -9636,6 +9740,7 @@ interests, that could have been done in a media-neutral way.</quote>
 A regular radio station broadcasting the same content would pay no
 equivalent fee.
 </para>
 A regular radio station broadcasting the same content would pay no
 equivalent fee.
 </para>

+<indexterm startref='idxartistspayments2' class='endofrange'/>

 <para>
 The burden is not financial only. Under the original rules that were
 proposed, an Internet radio station (but not a terrestrial radio
 <para>
 The burden is not financial only. Under the original rules that were
 proposed, an Internet radio station (but not a terrestrial radio


@@ -9734,8 +9839,10 @@ Why? What justifies this difference? Was there any study of the
 economic consequences from Internet radio that would justify these
 differences? Was the motive to protect artists against piracy?
 </para>
 economic consequences from Internet radio that would justify these
 differences? Was the motive to protect artists against piracy?
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>

 <indexterm><primary>Real Networks</primary></indexterm>
 <indexterm><primary>Real Networks</primary></indexterm>

+<indexterm id='idxalbenalex2' class='startofrange'>
+  <primary>Alben, Alex</primary>
+</indexterm>

 <para>
 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
 <para>
 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


@@ -9757,6 +9864,10 @@ that should establish the market rate, and if you set the rate so
 high, you're going to drive the small webcasters out of
 business. &hellip;</quote>
 </para>
 high, you're going to drive the small webcasters out of
 business. &hellip;</quote>
 </para>

+<indexterm>
+  <primary>artists</primary>
+  <secondary>recording industry payments to</secondary>
+</indexterm>

 <para>
 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
 <para>
 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


@@ -9765,6 +9876,7 @@ high rate and it's a stable, predictable market</emphasis>.</quote> (Emphasis
 added.)
 </para>
 </blockquote>
 added.)
 </para>
 </blockquote>

+<indexterm startref='idxalbenalex2' class='endofrange'/>

 <para>
 Translation: The aim is to use the law to eliminate competition, so
 that this platform of potentially immense competition, which would
 <para>
 Translation: The aim is to use the law to eliminate competition, so
 that this platform of potentially immense competition, which would


@@ -10343,6 +10455,8 @@ would pass into the public domain until that year (and not even then,
 if Congress extends the term again). By contrast, in the same period,
 more than 1 million patents will pass into the public domain.
 </para>
 if Congress extends the term again). By contrast, in the same period,
 more than 1 million patents will pass into the public domain.
 </para>

+<indexterm><primary>Bono, Mary</primary></indexterm>
+<indexterm><primary>Bono, Sonny</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 222 -->
 <para>
 
 <!-- PAGE BREAK 222 -->


@@ -10351,6 +10465,8 @@ This was the Sonny Bono Copyright Term Extension Act
 Sonny Bono, who, his widow, Mary Bono, says, believed that 
 <quote>copyrights should be forever.</quote><footnote><para>
 <!-- f2. -->
 Sonny Bono, who, his widow, Mary Bono, says, believed that 
 <quote>copyrights should be forever.</quote><footnote><para>
 <!-- f2. -->

+<indexterm><primary>Bono, Mary</primary></indexterm>
+<indexterm><primary>Bono, Sonny</primary></indexterm>

 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
 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


@@ -10737,6 +10853,7 @@ wanted to make available to the world in your iArchive project the
                remaining
 9,873. What would you have to do?
 </para>
                remaining
 9,873. What would you have to do?
 </para>

+<indexterm><primary>archives, digital</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -10812,7 +10929,9 @@ digitized, and hence will simply rot away on shelves. But the
                consequence
 for other creative works is much more dire.
 </para>
                consequence
 for other creative works is much more dire.
 </para>

-<indexterm><primary>Agee, Michael</primary></indexterm>
+<indexterm id='idxageemichael' class='startofrange'>
+  <primary>Agee, Michael</primary>
+</indexterm>

 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <indexterm><primary>Laurel and Hardy Films</primary></indexterm>
 <para>
 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <indexterm><primary>Laurel and Hardy Films</primary></indexterm>
 <para>


@@ -10906,6 +11025,7 @@ would outweigh the legal costs. Thus, for the vast majority of old
 films, Agee argued, the film will not be restored and distributed until
 the copyright expires.
 </para>
 films, Agee argued, the film will not be restored and distributed until
 the copyright expires.
 </para>

+<indexterm startref='idxageemichael' class='endofrange'/>

 <para>
 But by the time the copyright for these films expires, the film will
 have expired. These films were produced on nitrate-based stock, and
 <para>
 But by the time the copyright for these films expires, the film will
 have expired. These films were produced on nitrate-based stock, and


@@ -10982,6 +11102,9 @@ would not have interfered with anything.
 <para>
 But this situation has now changed.
 </para>
 <para>
 But this situation has now changed.
 </para>

+<indexterm id='idxarchivesdigital2' class='startofrange'>
+  <primary>archives, digital</primary>
+</indexterm>

 <para>
 One crucially important consequence of the emergence of digital
 technologies is to enable the archive that Brewster Kahle dreams of.
 <para>
 One crucially important consequence of the emergence of digital
 technologies is to enable the archive that Brewster Kahle dreams of.


@@ -11033,6 +11156,7 @@ role is to archive culture, whether there's a demand for any
 particular bit of that culture or not&mdash;then we can't count on the
 commercial market to do our library work for us.
 </para>
 particular bit of that culture or not&mdash;then we can't count on the
 commercial market to do our library work for us.
 </para>

+<indexterm startref='idxarchivesdigital2' class='endofrange'/>

 <para>
 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
 <para>
 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


@@ -11362,6 +11486,7 @@ Between February and October, there was little I did beyond preparing
 for this case. Early on, as I said, I set the strategy.
 </para>
 <indexterm><primary>Rehnquist, William H.</primary></indexterm>
 for this case. Early on, as I said, I set the strategy.
 </para>
 <indexterm><primary>Rehnquist, William H.</primary></indexterm>

+<indexterm><primary>O'Connor, Sandra Day</primary></indexterm>

 <para>
 The Supreme Court was divided into two important camps. One camp we
 called <quote>the Conservatives.</quote> The other we called <quote>the Rest.</quote>  The
 <para>
 The Supreme Court was divided into two important camps. One camp we
 called <quote>the Conservatives.</quote> The other we called <quote>the Rest.</quote>  The


@@ -11539,6 +11664,7 @@ where I intended to stay: on the question of the limits on Congress's
 power. This was a case about enumerated powers, I said, and whether
 those enumerated powers had any limit.
 </para>
 power. This was a case about enumerated powers, I said, and whether
 those enumerated powers had any limit.
 </para>

+<indexterm><primary>O'Connor, Sandra Day</primary></indexterm>

 <para>
 Justice O'Connor stopped me within one minute of my opening.
 The history was bothering her.
 <para>
 Justice O'Connor stopped me within one minute of my opening.
 The history was bothering her.


@@ -11626,6 +11752,7 @@ Amendment analysis or under a proper reading of the limits built
 into the Copyright Clause.
 </para>
 </blockquote>
 into the Copyright Clause.
 </para>
 </blockquote>

+<indexterm><primary>Olson, Theodore B.</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -11773,6 +11900,7 @@ 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.
 </para>
 depression gives way to anger. My anger came quickly, but it didn't cure
 the depression. This anger was of two sorts.
 </para>

+<indexterm><primary>originalism</primary></indexterm>

 <para>
 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 <citetitle>Lopez</citetitle> didn't
 <para>
 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 <citetitle>Lopez</citetitle> didn't


@@ -12314,6 +12442,15 @@ controlled by this dead (and often unfindable) hand of the past.
 </part>
 <chapter label="15" id="c-conclusion">
 <title>CONCLUSION</title>
 </part>
 <chapter label="15" id="c-conclusion">
 <title>CONCLUSION</title>

+<indexterm id="idxantiretroviraldrugs" class='startofrange'>
+  <primary>antiretroviral drugs</primary>
+</indexterm>
+<indexterm id="idxhivaidstherapies" class='startofrange'>
+  <primary>HIV/AIDS therapies</primary>
+</indexterm>
+<indexterm id="idxafricahivmed" class='startofrange'>
+  <primary>Africa, medications for HIV patients in</primary>
+</indexterm>

 <para>
 There are more than 35 million people with the AIDS virus
 worldwide. Twenty-five million of them live in sub-Saharan Africa.
 <para>
 There are more than 35 million people with the AIDS virus
 worldwide. Twenty-five million of them live in sub-Saharan Africa.


@@ -12547,8 +12684,13 @@ critical eye that helps us see the difference between truth and
 extremism.  A certain property fundamentalism, having no connection to
 our tradition, now reigns in this culture&mdash;bizarrely, and with
 consequences more grave to the spread of ideas and culture than almost
 extremism.  A certain property fundamentalism, having no connection to
 our tradition, now reigns in this culture&mdash;bizarrely, and with
 consequences more grave to the spread of ideas and culture than almost

-any other single policy decision that we as a democracy will make.  A
-simple idea blinds us, and under the cover of darkness, much happens
+any other single policy decision that we as a democracy will make.
+</para>
+<indexterm startref="idxafricahivmed" class='endofrange'/>
+<indexterm startref="idxhivaidstherapies" class='endofrange'/>
+<indexterm startref="idxantiretroviraldrugs" class='endofrange'/>
+<para>
+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
 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


@@ -12576,6 +12718,9 @@ noticed. Powerful lobbies, complex issues, and MTV attention spans
 produce the <quote>perfect storm</quote> for free culture.
 </para>
 <indexterm><primary>Reagan, Ronald</primary></indexterm>
 produce the <quote>perfect storm</quote> for free culture.
 </para>
 <indexterm><primary>Reagan, Ronald</primary></indexterm>

+<indexterm id='idxbiomedicalresearch' class='startofrange'>
+  <primary>biomedical research</primary>
+</indexterm>

 <para>
 In August 2003, a fight broke out in the United States about a
 decision by the World Intellectual Property Organization to cancel a
 <para>
 In August 2003, a fight broke out in the United States about a
 decision by the World Intellectual Property Organization to cancel a


@@ -12612,6 +12757,7 @@ in the early 1980s. And it included <quote>open source and free software.</quote
 <indexterm><primary>IBM</primary></indexterm>
 <indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
 </para>
 <indexterm><primary>IBM</primary></indexterm>
 <indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
 </para>

+<indexterm startref='idxbiomedicalresearch' class='endofrange'/>

 <para>
 The aim of the meeting was to consider this wide range of projects
 from one common perspective: that none of these projects relied upon
 <para>
 The aim of the meeting was to consider this wide range of projects
 from one common perspective: that none of these projects relied upon


@@ -13004,6 +13150,8 @@ kids who use a computer to share content.
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 <indexterm><primary>Creative Commons</primary></indexterm>
 <indexterm><primary>Gil, Gilberto</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 <indexterm><primary>Creative Commons</primary></indexterm>
 <indexterm><primary>Gil, Gilberto</primary></indexterm>

+<indexterm><primary>BBC</primary></indexterm>
+<indexterm><primary>Brazil, free culture in</primary></indexterm>

 <para>
 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 can
 <para>
 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 can


@@ -13882,6 +14030,11 @@ a more generous copyright law than Richard Nixon presided over?
 </section>
 <section id="freefairuse">
 <title>3. Free Use Vs. Fair Use</title>
 </section>
 <section id="freefairuse">
 <title>3. Free Use Vs. Fair Use</title>

+<indexterm><primary>land ownership, air traffic and</primary></indexterm>
+<indexterm>
+  <primary>property rights</primary>
+  <secondary>air traffic vs.</secondary>
+</indexterm>

 <para>
 As I observed at the beginning of this book, property law originally
 granted property owners the right to control their property from the
 <para>
 As I observed at the beginning of this book, property law originally
 granted property owners the right to control their property from the


@@ -13955,6 +14108,7 @@ technologies enable; now imagine pouring molasses into the
 machines. That's what this general requirement of permission does to
 the creative process. Smothers it.
 </para>
 machines. That's what this general requirement of permission does to
 the creative process. Smothers it.
 </para>

+<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 This was the point that Alben made when describing the making of the
 Clint Eastwood CD. While it makes sense to require negotiation for
 <para>
 This was the point that Alben made when describing the making of the
 Clint Eastwood CD. While it makes sense to require negotiation for


@@ -14099,6 +14253,7 @@ Rockies&mdash;you can instantaneously be connected to the
 Internet. Imagine the Internet as ubiquitous as the best cell-phone
 service, where with the flip of a device, you are connected.
 </para>
 Internet. Imagine the Internet as ubiquitous as the best cell-phone
 service, where with the flip of a device, you are connected.
 </para>

+<indexterm><primary>cell phones, music streamed over</primary></indexterm>

 <para>
 In that world, it will be extremely easy to connect to services that
 give you access to content on the fly&mdash;such as Internet radio,
 <para>
 In that world, it will be extremely easy to connect to services that
 give you access to content on the fly&mdash;such as Internet radio,


@@ -14237,6 +14392,10 @@ The idea would be a modification of a proposal that has been
 floated by Harvard law professor William Fisher.<footnote>
 <para>
 <!-- f9. -->
 floated by Harvard law professor William Fisher.<footnote>
 <para>
 <!-- f9. -->

+<indexterm id='idxartistspayments3' class='startofrange'>
+  <primary>artists</primary>
+  <secondary>recording industry payments to</secondary>
+</indexterm>

 William Fisher, <citetitle>Digital Music: Problems and Possibilities</citetitle> (last
 revised: 10 October 2000), available at
 <ulink url="http://free-culture.cc/notes/">link #77</ulink>; William
 William Fisher, <citetitle>Digital Music: Problems and Possibilities</citetitle> (last
 revised: 10 October 2000), available at
 <ulink url="http://free-culture.cc/notes/">link #77</ulink>; William


@@ -14273,6 +14432,7 @@ debate by about a decade. See
 <indexterm><primary>Fisher, William</primary></indexterm>
 <indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>
 <indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>
 <indexterm><primary>Fisher, William</primary></indexterm>
 <indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>
 <indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>

+<indexterm startref='idxartistspayments3' class='endofrange'/>

 </para></footnote>
 Fisher suggests a very clever way around the current impasse of the
 Internet. Under his plan, all content capable of digital transmission
 </para></footnote>
 Fisher suggests a very clever way around the current impasse of the
 Internet. Under his plan, all content capable of digital transmission


@@ -14300,6 +14460,10 @@ longer necessary, then the system could lapse into the old system of
 controlling access.
 <indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>
 </para>
 controlling access.
 <indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>
 </para>

+<indexterm>
+  <primary>artists</primary>
+  <secondary>recording industry payments to</secondary>
+</indexterm>

 <para>
 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
 <para>
 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


@@ -14329,6 +14493,7 @@ Real Networks, offering music at just 79 cents a song. And no doubt
 there will be a great deal of competition to offer and sell music
 on-line.
 </para>
 there will be a great deal of competition to offer and sell music
 on-line.
 </para>

+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>

 <para>
 This competition has already occurred against the background of <quote>free</quote>
 music from p2p systems. As the sellers of cable television have known
 <para>
 This competition has already occurred against the background of <quote>free</quote>
 music from p2p systems. As the sellers of cable television have known


@@ -14511,6 +14676,7 @@ away from areas that we know it will only harm. And that is precisely
 what the law will too often do if too much of our culture is left to
 its review.
 </para>
 what the law will too often do if too much of our culture is left to
 its review.
 </para>

+<indexterm><primary>Brezhnev, Leonid</primary></indexterm>

 <para>
 Think about the amazing things your kid could do or make with digital
 technology&mdash;the film, the music, the Web page, the blog. Or think
 <para>
 Think about the amazing things your kid could do or make with digital
 technology&mdash;the film, the music, the Web page, the blog. Or think