<publisher>
- <publishername>The Penguin Press</publishername>
- <address><city>New York</city></address>
+ <publishername>Petter Reinholdtsen</publishername>
+ <address><city>Oslo</city></address>
</publisher>
<copyright>
the noble class live easily; those outside it don't. But it is
nobility of any form that is alien to our tradition.
</para>
-<!-- PAGE BREAK 26. FIXME: Should "Is it" be "It is" ? -->
+<!-- PAGE BREAK 26. FIXME: Ask author if "Is it" should be "It is" ? -->
<para>
-The story that follows is about this war. Is it not about the
+The story that follows is about this war. It is not about the
<quote>centrality of technology</quote> to ordinary life. I don't believe in gods,
digital or otherwise. Nor is it an effort to demonize any individual
or group, for neither do I believe in a devil, corporate or
time, enabling employees to have access to material that people
outside the business can't get. Universities do it as well.
</para>
-<indexterm startref='idxuniversitycomputernetworksppsharingon' class='endofrange'/>
<indexterm id='idxjordanjesse' class='startofrange'><primary>Jordan, Jesse</primary></indexterm>
<indexterm id='idxmicrosoftnetworkfilesystemof' class='startofrange'><primary>Microsoft</primary><secondary>network file system of</secondary></indexterm>
<para>
law should seek to either prevent it or find an alternative to assure the
author of his profit.
</para>
-<indexterm><primary>innovation</primary></indexterm>
-<indexterm><primary>Fanning, Shawn</primary></indexterm>
<para>
+<indexterm><primary>Fanning, Shawn</primary></indexterm>
+<indexterm><primary>innovation</primary></indexterm>
+<indexterm id='idxnapster' class='startofrange'><primary>Napster</primary></indexterm>
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
put together components that had been developed independently.
</para>
<para>
+<indexterm><primary>Kazaa</primary></indexterm>
+<indexterm><primary>Napster</primary><secondary>number of registrations on</secondary></indexterm>
+<indexterm><primary>Napster</primary><secondary>replacement of</secondary></indexterm>
The result was spontaneous combustion. Launched in July 1999,
Napster amassed over 10 million users within nine months. After
eighteen months, there were close to 80 million registered users of the
p2p system, you can share your favorite songs with your best friend—
or your 20,000 best friends.
</para>
+<indexterm startref='idxnapster' class='endofrange'/>
<para>
According to a number of estimates, a huge proportion of Americans
have tasted file-sharing technology. A study by Ipsos-Insight in
just what you call type A sharing?</quote>
</para>
<para>
-You would think. And we should hope. But so far, it is not. The
- effect
+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 one class of sharing. That much is obvious from the
- Napster
-case itself. When Napster told the district court that it had
- developed
-a technology to block the transfer of 99.4 percent of identified
+beyond that one class of sharing. That much is obvious from the
+Napster case itself. When Napster told the district court that it had
+developed a technology to block the transfer of 99.4 percent of
+identified
+
<!-- PAGE BREAK 87 -->
infringing material, the district court told counsel for Napster 99.4
percent was not good enough. Napster had to push the infringements
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>
-<indexterm><primary>Alben, Alex</primary></indexterm>
<para>
+<indexterm><primary>Alben, Alex</primary></indexterm>
+<indexterm><primary>Boies, David</primary></indexterm>
+<indexterm><primary>Court of Appeals</primary><secondary>Ninth Circuit</secondary></indexterm>
+<indexterm><primary>Ninth Circuit Court of Appeals</primary></indexterm>
+<indexterm><primary>Napster</primary></indexterm>
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 these clips; technically, what they had done violated the
</para>
<figure id="fig-1531">
<title>Examples of unregulated uses of a book.</title>
-<graphic fileref="images/1531.svg" align="center" width="50%"></graphic>
+<graphic fileref="images/1531.png" align="center" width="50%"></graphic>
</figure>
<para>
Obviously, however, some uses of a copyrighted book are regulated
by copyright law. Republishing the book, for example, makes a copy. It
is therefore regulated by copyright law. Indeed, this particular use stands
at the core of this circle of possible uses of a copyrighted work. It is the
-paradigmatic use properly regulated by copyright regulation (see first
-diagram on next page).
+paradigmatic use properly regulated by copyright regulation (see
+diagram <xref xrefstyle="select: labelnumber" linkend="fig-1541"/>).
</para>
<indexterm startref='idxderivativeworkspiracyvs4' class='endofrange'/>
<indexterm startref='idxpiracyderivativeworkvs4' class='endofrange'/>
<!-- PAGE BREAK 153 -->
<figure id="fig-1541">
<title>Republishing stands at the core of this circle of possible uses of a copyrighted work.</title>
-<graphic fileref="images/1541.png" align="center" width="50%"></graphic>
+<graphic fileref="images/1541.svg" align="center" width="50%"></graphic>
</figure>
<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
<indexterm><primary>First Amendment</primary></indexterm>
technology.
</para>
<para>
-On the next page is a picture of an old version of my Adobe eBook
-Reader.
+On the next page (<xref linkend="fig-1611"/>) is a picture of an old
+version of my Adobe eBook Reader.
</para>
<para>
As you can see, I have a small collection of e-books within this
</row>
<row>
<entry>Noncommercial</entry>
- <entry>©/Free</entry>
+ <entry>© / Free</entry>
<entry>Free</entry>
</row>
</tbody>
work spread across the Internet. But as the law is currently crafted, this
work is presumptively illegal.
</para>
-<indexterm><primary>Worldcom</primary></indexterm>
+<indexterm><primary>WorldCom</primary></indexterm>
<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
<indexterm><primary>copyright infringement lawsuits</primary><secondary>in recording industry</secondary></indexterm>
<indexterm><primary>doctors malpractice claims against</primary></indexterm>
the settlement, see MCI press release, <quote>MCI Wins U.S. District Court
Approval for SEC Settlement</quote> (7 July 2003), available at
<ulink url="http://free-culture.cc/notes/">link #37</ulink>.
-<indexterm><primary>Worldcom</primary></indexterm>
+<indexterm><primary>WorldCom</primary></indexterm>
</para></footnote>
And under legislation being pushed in Congress right now, a doctor who
negligently removes the wrong leg in an operation would be liable for
<para>
The source of this version of the text is written using DocBook
notation and the other formats are derived from the DocBook source.
-The DocBook source is based on a
-<ulink url="http://www.sslug.dk/~chlor/lessig/">DocBook XML version
-created by Hans Schou</ulink>, and extended with formatting and index
-references by Petter Reinholdtsen. The source files of this book is
-available as
+The DocBook source is based on a DocBook XML version created by Hans
+Schou, and extended with formatting and index references by Petter
+Reinholdtsen. The source files of this book is available as
<ulink url="https://github.com/petterreinholdtsen/free-culture-lessig">a
github project</ulink>.
</para>
projects / text-free-culture-lessig.git / blobdiff