Translate a few more.

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

diff --git a/freeculture.xml b/freeculture.xml
index e1cc249db4a4f1466de3ff8f60782ba4a589d629..884842f56a75f68ee84d6e31caccdcbb790b85f2 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -2521,6 +2521,8 @@ is having an effect.
 </para>
 <indexterm><primary>Lott, Trent</primary></indexterm>
 <indexterm><primary>Thurmond, Strom</primary></indexterm>
 </para>
 <indexterm><primary>Lott, Trent</primary></indexterm>
 <indexterm><primary>Thurmond, Strom</primary></indexterm>

+<indexterm id='idxmediablogpressureon' class='startofrange'><primary>media</primary><secondary>blog pressure on</secondary></indexterm>
+<indexterm id='idxinternetnewseventson2' class='startofrange'><primary>Internet</primary><secondary>news events on</secondary></indexterm>

 <para>
 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
 <para>
 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


@@ -2545,6 +2547,7 @@ newspapers are commercial entities. They must work to keep attention.
 If they lose readers, they lose revenue. Like sharks, they must move
 on.
 </para>
 If they lose readers, they lose revenue. Like sharks, they must move
 on.
 </para>

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

 <indexterm><primary>Internet</primary><secondary>peer-generated rankings on</secondary></indexterm>
 <para>
 But bloggers don't have a similar constraint. They can obsess, they
 <indexterm><primary>Internet</primary><secondary>peer-generated rankings on</secondary></indexterm>
 <para>
 But bloggers don't have a similar constraint. They can obsess, they


@@ -2556,6 +2559,7 @@ popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>
 <indexterm startref='idxmediacommercialimperativesof' class='endofrange'/>
 peer-generated rankings.
 </para>
 <indexterm startref='idxmediacommercialimperativesof' class='endofrange'/>

+<indexterm id='idxjournalism' class='startofrange'><primary>journalism</primary></indexterm>

 <indexterm id='idxwinerdave' class='startofrange'><primary>Winer, Dave</primary></indexterm>
 <para>
 There's a second way, as well, in which blogs have a different cycle
 <indexterm id='idxwinerdave' class='startofrange'><primary>Winer, Dave</primary></indexterm>
 <para>
 There's a second way, as well, in which blogs have a different cycle


@@ -2589,13 +2593,15 @@ account of the war was too bleak: She needed to offer a more
 optimistic story. When she told New York that wasn't warranted, they
 told her that <emphasis>they</emphasis> were writing <quote>the story.</quote>)
 </para>
 optimistic story. When she told New York that wasn't warranted, they
 told her that <emphasis>they</emphasis> were writing <quote>the story.</quote>)
 </para>

-<para> Blog space gives amateurs a way to enter the
-debate&mdash;<quote>amateur</quote> not in the sense of inexperienced, but in the
-sense of an Olympic athlete, meaning not paid by anyone to give their
-reports. It allows for a much broader range of input into a story, as
-reporting on the Columbia disaster revealed, when hundreds from across
-the southwest United States turned to the Internet to retell what they
-had seen.<footnote><para>
+<indexterm startref='idxinternetnewseventson2' class='endofrange'/>
+<para>
+Blog space gives amateurs a way to enter the
+debate&mdash;<quote>amateur</quote> not in the sense of inexperienced,
+but in the sense of an Olympic athlete, meaning not paid by anyone to
+give their reports. It allows for a much broader range of input into a
+story, as reporting on the Columbia disaster revealed, when hundreds
+from across the southwest United States turned to the Internet to
+retell what they had seen.<footnote><para>

 <!-- f20 -->
 John Schwartz, <quote>Loss of the Shuttle: The Internet; A Wealth of
 Information Online,</quote> <citetitle>New York Times</citetitle>, 2 February 2003, A28; Staci
 <!-- f20 -->
 John Schwartz, <quote>Loss of the Shuttle: The Internet; A Wealth of
 Information Online,</quote> <citetitle>New York Times</citetitle>, 2 February 2003, A28; Staci


@@ -2638,6 +2644,7 @@ And as the inclusion of content in this space is the least infringing use
 of the Internet (meaning infringing on copyright), Winer said, <quote>we will
 be the last thing that gets shut down.</quote>
 </para>
 of the Internet (meaning infringing on copyright), Winer said, <quote>we will
 be the last thing that gets shut down.</quote>
 </para>

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

 <para>
 This speech affects democracy. Winer thinks that happens because <quote>you
 don't have to work for somebody who controls, [for] a gatekeeper.</quote>
 <para>
 This speech affects democracy. Winer thinks that happens because <quote>you
 don't have to work for somebody who controls, [for] a gatekeeper.</quote>


@@ -2654,12 +2661,12 @@ happens. When there are ten million, there will be something
 extraordinary to report.
 </para>
 <indexterm startref='idxnewscoverage' class='endofrange'/>
 extraordinary to report.
 </para>
 <indexterm startref='idxnewscoverage' class='endofrange'/>

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

 <indexterm startref='idxpoliticaldiscourse' class='endofrange'/>
 <indexterm startref='idxblogsweblogs2' class='endofrange'/>
 <indexterm startref='idxinternetblogson2' class='endofrange'/>
 <indexterm startref='idxweblogsblogs2' class='endofrange'/>
 <indexterm startref='idxwinerdave' class='endofrange'/>
 <indexterm startref='idxpoliticaldiscourse' class='endofrange'/>
 <indexterm startref='idxblogsweblogs2' class='endofrange'/>
 <indexterm startref='idxinternetblogson2' class='endofrange'/>
 <indexterm startref='idxweblogsblogs2' class='endofrange'/>
 <indexterm startref='idxwinerdave' class='endofrange'/>

-<indexterm startref='idxinternetpublicdiscourseconductedon' class='endofrange'/>

 <indexterm id='idxbrownjohnseely' class='startofrange'><primary>Brown, John Seely</primary></indexterm>
 <indexterm id='idxadvertising1' class='startofrange'><primary>advertising</primary></indexterm>
 <para>
 <indexterm id='idxbrownjohnseely' class='startofrange'><primary>Brown, John Seely</primary></indexterm>
 <indexterm id='idxadvertising1' class='startofrange'><primary>advertising</primary></indexterm>
 <para>


@@ -2787,6 +2794,9 @@ quipped to me in a rare moment of despondence.
 <title>CHAPTER THREE: Catalogs</title>
 <indexterm><primary>RPI</primary><see>Rensselaer Polytechnic Institute (RPI)</see></indexterm>
 <indexterm id='idxrensselaer' class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary></indexterm>
 <title>CHAPTER THREE: Catalogs</title>
 <indexterm><primary>RPI</primary><see>Rensselaer Polytechnic Institute (RPI)</see></indexterm>
 <indexterm id='idxrensselaer' class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary></indexterm>

+<indexterm id='idxsearchengines' class='startofrange'><primary>search engines</primary></indexterm>
+<indexterm id='idxuniversitycomputernetworksppsharingon' class='startofrange'><primary>university computer networks, p2p sharing on</primary></indexterm>
+<indexterm id='idxinternetsearchenginesusedon' class='startofrange'><primary>Internet</primary><secondary>search engines used on</secondary></indexterm>

 <para>
 <emphasis role='strong'>In the fall</emphasis> of 2002, Jesse Jordan
 of Oceanside, New York, enrolled as a freshman at Rensselaer
 <para>
 <emphasis role='strong'>In the fall</emphasis> of 2002, Jesse Jordan
 of Oceanside, New York, enrolled as a freshman at Rensselaer


@@ -2810,6 +2820,7 @@ available on the RPI network is available on the Internet. But the
 network is designed to enable students to get access to the Internet,
 as well as more intimate access to other members of the RPI community.
 </para>
 network is designed to enable students to get access to the Internet,
 as well as more intimate access to other members of the RPI community.
 </para>

+<indexterm id='idxgoogle' class='startofrange'><primary>Google</primary></indexterm>

 <para>
 Search engines are a measure of a network's intimacy. Google
 <!-- PAGE BREAK 62 -->
 <para>
 Search engines are a measure of a network's intimacy. Google
 <!-- PAGE BREAK 62 -->


@@ -2822,6 +2833,9 @@ access to material from that institution.  Businesses do this all the
 time, enabling employees to have access to material that people
 outside the business can't get. Universities do it as well.
 </para>
 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>
 These engines are enabled by the network technology itself.
 Microsoft, for example, has a network file system that makes it very
 <para>
 These engines are enabled by the network technology itself.
 Microsoft, for example, has a network file system that makes it very


@@ -2831,6 +2845,7 @@ content.  Jesse's search engine was built to take advantage of this
 technology. It used Microsoft's network file system to build an index
 of all the files available within the RPI network.
 </para>
 technology. It used Microsoft's network file system to build an index
 of all the files available within the RPI network.
 </para>

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

 <para>
 Jesse's wasn't the first search engine built for the RPI network.
 Indeed, his engine was a simple modification of engines that others
 <para>
 Jesse's wasn't the first search engine built for the RPI network.
 Indeed, his engine was a simple modification of engines that others


@@ -2843,6 +2858,7 @@ modified the system a bit to fix that problem, by adding a button that
 a user could click to see if the machine holding the file was still
 on-line.
 </para>
 a user could click to see if the machine holding the file was still
 on-line.
 </para>

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

 <para>
 Jesse's engine went on-line in late October. Over the following six
 months, he continued to tweak it to improve its functionality. By
 <para>
 Jesse's engine went on-line in late October. Over the following six
 months, he continued to tweak it to improve its functionality. By


@@ -2850,6 +2866,7 @@ March, the system was functioning quite well. Jesse had more than one
 million files in his directory, including every type of content that might
 be on users' computers.
 </para>
 million files in his directory, including every type of content that might
 be on users' computers.
 </para>

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

 <para>
 Thus the index his search engine produced included pictures, which
 students could use to put on their own Web sites; copies of notes or
 <para>
 Thus the index his search engine produced included pictures, which
 students could use to put on their own Web sites; copies of notes or


@@ -2859,6 +2876,8 @@ might have created; university brochures&mdash;basically anything that
 users of the RPI network made available in a public folder of their
 computer.
 </para>
 users of the RPI network made available in a public folder of their
 computer.
 </para>

+<indexterm><primary>Google</primary></indexterm>
+<indexterm><primary>education</primary><secondary>tinkering as means of</secondary></indexterm>

 <para>
 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
 <para>
 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


@@ -2896,6 +2915,7 @@ RPI community to get access to content, which Jesse had not himself
 created or posted, and the vast majority of which had nothing to do
 with music.
 </para>
 created or posted, and the vast majority of which had nothing to do
 with music.
 </para>

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

 <indexterm><primary>statutory damages</primary></indexterm>
 <para>
 But the RIAA branded Jesse a pirate. They claimed he operated a
 <indexterm><primary>statutory damages</primary></indexterm>
 <para>
 But the RIAA branded Jesse a pirate. They claimed he operated a


@@ -3005,6 +3025,7 @@ I. &hellip; He's  not a tree hugger. &hellip; I  think it's bizarre that they wo
 pick on him. But he wants to let people know that they're sending the
 wrong message. And he wants to correct the record.</quote>
 </para>
 pick on him. But he wants to let people know that they're sending the
 wrong message. And he wants to correct the record.</quote>
 </para>

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

 <!-- PAGE BREAK 66 -->
 </chapter>
 <chapter label="4" id="pirates">
 <!-- PAGE BREAK 66 -->
 </chapter>
 <chapter label="4" id="pirates">


@@ -4341,6 +4362,8 @@ system to minimize the opportunity for copyright infringement. It did
 not, and for that, Disney and Universal wanted to hold it responsible
 for the architecture it chose.
 </para>
 not, and for that, Disney and Universal wanted to hold it responsible
 for the architecture it chose.
 </para>

+<indexterm id='idxcongressusoncopyrightlaws3' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on VCR technology</secondary></indexterm>

 <para>
 MPAA president Jack Valenti became the studios' most vocal
 champion. Valenti called VCRs <quote>tapeworms.</quote> He warned, <quote>When there are
 <para>
 MPAA president Jack Valenti became the studios' most vocal
 champion. Valenti called VCRs <quote>tapeworms.</quote> He warned, <quote>When there are


@@ -4423,6 +4446,7 @@ by such new technology.<footnote><para>
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxcongressusoncopyrightlaws3' class='endofrange'/>

 <para>
 Congress was asked to respond to the Supreme Court's decision.  But as
 with the plea of recording artists about radio broadcasts, Congress
 <para>
 Congress was asked to respond to the Supreme Court's decision.  But as
 with the plea of recording artists about radio broadcasts, Congress


@@ -4516,6 +4540,7 @@ to $15 million in damages? Would it have been better if Edison had
 controlled film? Should every cover band have to hire a lawyer to get
 permission to record a song?
 </para>
 controlled film? Should every cover band have to hire a lawyer to get
 permission to record a song?
 </para>

+<indexterm><primary>Supreme Court, U.S.</primary><secondary>on balance of interests in copyright law</secondary></indexterm>

 <para>
 We could answer yes to each of these questions, but our tradition
 has answered no. In our tradition, as the Supreme Court has stated,
 <para>
 We could answer yes to each of these questions, but our tradition
 has answered no. In our tradition, as the Supreme Court has stated,


@@ -4606,6 +4631,7 @@ table in the backyard&mdash;by, for example, going to Sears, buying a
 table, and putting it in my backyard? What is the thing I am taking
 then?
 </para>
 table, and putting it in my backyard? What is the thing I am taking
 then?
 </para>

+<indexterm><primary>Jefferson, Thomas</primary></indexterm>

 <para>
 The point is not just about the thingness of picnic tables versus
 ideas, though that's an important difference. The point instead is that
 <para>
 The point is not just about the thingness of picnic tables versus
 ideas, though that's an important difference. The point instead is that


@@ -4625,6 +4651,7 @@ Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in
 Ellery Bergh, eds., 1903), 330, 333&ndash;34.
 </para></footnote>
 </para>
 Ellery Bergh, eds., 1903), 330, 333&ndash;34.
 </para></footnote>
 </para>

+<indexterm><primary>property rights</primary><secondary>intangibility of</secondary></indexterm>

 <para>
 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
 <para>
 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


@@ -4663,9 +4690,11 @@ from the implications that the copyright warriors would have us draw.
 <!-- PAGE BREAK 96 -->
 <chapter label="6" id="founders">
 <title>CHAPTER SIX: Founders</title>
 <!-- PAGE BREAK 96 -->
 <chapter label="6" id="founders">
 <title>CHAPTER SIX: Founders</title>

-<indexterm><primary>Henry V</primary></indexterm>
+<indexterm id='idxbooksenglishcopyrightlawdevelopedfor' class='startofrange'><primary>books</primary><secondary>English copyright law developed for</secondary></indexterm>

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

-<indexterm id='idxbooksenglishlaw' class='startofrange'><primary>books</primary><secondary>English copyright law developed for</secondary></indexterm>
+<indexterm><primary>Henry V</primary></indexterm>
+<indexterm><primary>Shakespeare, William</primary></indexterm>
+<indexterm id='idxromeoandjulietshakespeare' class='startofrange'><primary>Romeo and Juliet (Shakespeare)</primary></indexterm>

 <para>
 <emphasis role='strong'>William Shakespeare</emphasis> wrote
 <citetitle>Romeo and Juliet</citetitle> in 1595. The play was first
 <para>
 <emphasis role='strong'>William Shakespeare</emphasis> wrote
 <citetitle>Romeo and Juliet</citetitle> in 1595. The play was first


@@ -4678,6 +4707,8 @@ once overheard someone commenting on Kenneth Branagh's adaptation of
 Henry V: <quote>I liked it, but Shakespeare is so full of
 clichés.</quote>
 </para>
 Henry V: <quote>I liked it, but Shakespeare is so full of
 clichés.</quote>
 </para>

+<indexterm><primary>Conger</primary></indexterm>
+<indexterm id='idxtonsonjacob' class='startofrange'><primary>Tonson, Jacob</primary></indexterm>

 <para>
 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 many to be the exclusive
 <para>
 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 many to be the exclusive


@@ -4709,6 +4740,7 @@ copyright.  Prices of the classics were thus kept high; competition to
 produce better or cheaper editions was eliminated.
 </para>
 <indexterm id='idxbritishparliament' class='startofrange'><primary>British Parliament</primary></indexterm>
 produce better or cheaper editions was eliminated.
 </para>
 <indexterm id='idxbritishparliament' class='startofrange'><primary>British Parliament</primary></indexterm>

+<indexterm><primary>Statute of Anne (1710)</primary></indexterm>

 <para>
 Now, there's something puzzling about the year 1774 to anyone who
 knows a little about copyright law. The better-known year in the
 <para>
 Now, there's something puzzling about the year 1774 to anyone who
 knows a little about copyright law. The better-known year in the


@@ -4726,6 +4758,8 @@ As Siva Vaidhyanathan nicely argues, it is erroneous to call this a
 free in 1731. So why was there any issue about it still being under
 Tonson's control in 1774?
 </para>
 free in 1731. So why was there any issue about it still being under
 Tonson's control in 1774?
 </para>

+<indexterm startref='idxromeoandjulietshakespeare' class='endofrange'/>
+<indexterm startref='idxtonsonjacob' class='endofrange'/>

 <indexterm><primary>Licensing Act (1662)</primary></indexterm>
 <para>
 The reason is that the English hadn't yet agreed on what a <quote>copyright</quote>
 <indexterm><primary>Licensing Act (1662)</primary></indexterm>
 <para>
 The reason is that the English hadn't yet agreed on what a <quote>copyright</quote>


@@ -4788,6 +4822,7 @@ why is it that the law would ever allow someone else to come along and
 take Shakespeare's play without his, or his estate's, permission? What
 reason is there to allow someone else to <quote>steal</quote> Shakespeare's work?
 </para>
 take Shakespeare's play without his, or his estate's, permission? What
 reason is there to allow someone else to <quote>steal</quote> Shakespeare's work?
 </para>

+<indexterm><primary>Statute of Anne (1710)</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -5170,7 +5205,7 @@ world where the Parliament is more pliant, free culture would be less
 protected.
 </para>
 <indexterm startref='idxbritishparliament' class='endofrange'/>
 protected.
 </para>
 <indexterm startref='idxbritishparliament' class='endofrange'/>

-<indexterm startref='idxbooksenglishlaw' class='endofrange'/>
+<indexterm startref='idxbooksenglishcopyrightlawdevelopedfor' class='endofrange'/>

 <!-- PAGE BREAK 106 -->
 </chapter>
 <chapter label="7" id="recorders">
 <!-- PAGE BREAK 106 -->
 </chapter>
 <chapter label="7" id="recorders">


@@ -6287,6 +6322,7 @@ should be accorded the same rights as every other property-right
 owner. He is effectively arguing for a change in our Constitution
 itself.
 </para>
 owner. He is effectively arguing for a change in our Constitution
 itself.
 </para>

+<indexterm id='idxjeffersonthomas' class='startofrange'><primary>Jefferson, Thomas</primary></indexterm>

 <para>
 Arguing for a change in our Constitution is not necessarily wrong.
 There was much in our original Constitution that was plainly wrong.
 <para>
 Arguing for a change in our Constitution is not necessarily wrong.
 There was much in our original Constitution that was plainly wrong.


@@ -6307,6 +6343,8 @@ creative property be given the same rights as all other property? Why
 did they require that for creative property there must be a public
 domain?
 </para>
 did they require that for creative property there must be a public
 domain?
 </para>

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

 <para>
 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
 <para>
 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


@@ -6864,6 +6902,7 @@ States was controlled or free. Just as in England, this lingering
 uncertainty would make it hard for publishers to rely upon a public
 domain to reprint and distribute works.
 </para>
 uncertainty would make it hard for publishers to rely upon a public
 domain to reprint and distribute works.
 </para>

+<indexterm><primary>Statute of Anne (1710)</primary></indexterm>

 <para>
 That uncertainty ended after Congress passed legislation granting
 copyrights. Because federal law overrides any contrary state law,
 <para>
 That uncertainty ended after Congress passed legislation granting
 copyrights. Because federal law overrides any contrary state law,


@@ -13873,6 +13912,7 @@ 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.
 </para>
 who help build the public domain and, by their work, demonstrate the
 importance of the public domain to other creativity.
 </para>

+<indexterm><primary>Jefferson, Thomas</primary></indexterm>

 <para>
 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 culture
 <para>
 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 culture