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--- a/freeculture.xml
+++ b/freeculture.xml
@@ -1,20 +1,17 @@
 <?xml version='1.0' encoding='UTF-8' ?>
 <?xml version='1.0' encoding='UTF-8' ?>

-<!-- Converted to DocBook by Hans Schou 2004-03-29 -->
+<?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 with input from Martin Borg. -->

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

-  * replace '. . .' with something else
-  * quotes ?

 -->
 -->

-<!DOCTYPE book PUBLIC "-//OASIS//DTD DocBook XML V4.3//EN"
-"http://www.oasis-open.org/docbook/xml/4.3/docbookx.dtd" 
+<!DOCTYPE book PUBLIC "-//OASIS//DTD DocBook XML V4.5//EN"
+"http://www.oasis-open.org/docbook/xml/4.5/docbookx.dtd" 

 [
    <!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>


@@ -35,59 +32,109 @@
   </author>
  </authorgroup>
 
   </author>
  </authorgroup>
 

-<copyright>
-  <year>2004</year>
-  <holder>Lawrence Lessig</holder>
-</copyright>
-
+<!-- <subjectset> and cover <mediaobject> Based on example from
+     http://jfearn.fedorapeople.org/en-US/Publican/2.7/html/Users_Guide/chap-Users_Guide-Creating_a_document.html
+-->
+ <subjectset scheme="libraryofcongress">
+   <subject>
+     <subjectterm>Intellectual property&mdash;United States.</subjectterm>
+   </subject>
+   <subject>
+     <subjectterm>Mass media&mdash;United States.</subjectterm>
+   </subject>
+   <subject>
+     <subjectterm>Technological innovations&mdash;United States.</subjectterm>
+   </subject>
+   <subject>
+     <subjectterm>Art&mdash;United States.</subjectterm>
+   </subject>
+ </subjectset>
+
+
+ <publisher>
+   <publishername>Petter Reinholdtsen</publishername>
+   <address><city>Oslo</city></address>
+ </publisher>
+
+ <copyright>
+   <year>2004</year>
+   <holder>Lawrence Lessig</holder>
+ </copyright>

  <legalnotice>
  <legalnotice>

-  <para>
+   <para>
+     <inlinemediaobject>
+       <imageobject>
+        <imagedata fileref="images/cc.png" contentdepth="3em" width="100%" align="center"/>
+       </imageobject>
+       <imageobject>
+        <imagedata fileref="images/cc.svg" contentdepth="3em" width="100%" align="center"/>
+       </imageobject>
+       <textobject>
+        <phrase>Creative Commons, Some rights reserved</phrase>
+       </textobject>
+     </inlinemediaobject>
+   </para>
+
+   <para>

 This version of <citetitle>Free Culture</citetitle> is licensed under
 a Creative Commons license. This license permits non-commercial use of
 this work, so long as attribution is given.  For more information
 about the license, click the icon above, or visit
 <ulink url="http://creativecommons.org/licenses/by-nc/1.0/">http://creativecommons.org/licenses/by-nc/1.0/</ulink>
 This version of <citetitle>Free Culture</citetitle> is licensed under
 a Creative Commons license. This license permits non-commercial use of
 this work, so long as attribution is given.  For more information
 about the license, click the icon above, or visit
 <ulink url="http://creativecommons.org/licenses/by-nc/1.0/">http://creativecommons.org/licenses/by-nc/1.0/</ulink>

-  </para>
+   </para>

  </legalnotice>
 
  <abstract>
   <title>ABOUT THE AUTHOR</title>
   <para>
 LAWRENCE LESSIG 
  </legalnotice>
 
  <abstract>
   <title>ABOUT THE AUTHOR</title>
   <para>
 LAWRENCE LESSIG 

-(<ulink url="http://www.lessig.org/">http://www.lessig.org</ulink>),
+(<ulink url="http://www.lessig.org">http://www.lessig.org</ulink>),

 professor of law and a John A. Wilson Distinguished Faculty Scholar
 at Stanford Law School, is founder of the Stanford Center for Internet
 and Society and is chairman of the Creative Commons
 professor of law and a John A. Wilson Distinguished Faculty Scholar
 at Stanford Law School, is founder of the Stanford Center for Internet
 and Society and is chairman of the Creative Commons

-(<ulink url="http://creativecommons.org/">http://creativecommons.org</ulink>).
+(<ulink url="http://creativecommons.org">http://creativecommons.org</ulink>).

 The author of The Future of Ideas (Random House, 2001) and Code: And
 Other Laws of Cyberspace (Basic Books, 1999), Lessig is a member of
 the boards of the Public Library of Science, the Electronic Frontier
 Foundation, and Public Knowledge. He was the winner of the Free
 Software Foundation's Award for the Advancement of Free Software,
 The author of The Future of Ideas (Random House, 2001) and Code: And
 Other Laws of Cyberspace (Basic Books, 1999), Lessig is a member of
 the boards of the Public Library of Science, the Electronic Frontier
 Foundation, and Public Knowledge. He was the winner of the Free
 Software Foundation's Award for the Advancement of Free Software,

-twice listed in BusinessWeek's "e.biz 25," and named one of Scientific
-American's "50 visionaries." A graduate of the University of
+twice listed in BusinessWeek's <quote>e.biz 25,</quote> and named one of Scientific
+American's <quote>50 visionaries.</quote> A graduate of the University of

 Pennsylvania, Cambridge University, and Yale Law School, Lessig
 clerked for Judge Richard Posner of the U.S. Seventh Circuit Court of
 Appeals.
   </para>
  </abstract>
 Pennsylvania, Cambridge University, and Yale Law School, Lessig
 clerked for Judge Richard Posner of the U.S. Seventh Circuit Court of
 Appeals.
   </para>
  </abstract>

-</bookinfo>

 
 

-<colophon>
-<!-- PAGE BREAK 1 -->
+<!-- testing different ways to tag the cover page -->
+ <mediaobject role="cover">
+   <imageobject remap="lrg" role="front-large">
+     <imagedata fileref="images/cover.png" format="PNG" width="444" />
+   </imageobject>
+<!--
+   <imageobject remap="s" role="front">
+     <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" />
+   </imageobject>
+   <imageobject remap="xs" role="front-small">
+     <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" />
+   </imageobject>
+   <imageobject remap="cs" role="thumbnail">
+     <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" />
+   </imageobject>
+-->
+ </mediaobject>

 
 

-<para>
-You can buy a copy of this book by clicking on one of the links below:
-</para>
-<itemizedlist mark="number" spacing="compact">
-<listitem><para><ulink url="http://www.amazon.com/">Amazon</ulink></para></listitem>
-<listitem><para><ulink url="http://www.barnesandnoble.com/">B&amp;N</ulink></para></listitem>
-<listitem><para><ulink url="http://www.penguin.com/">Penguin</ulink></para></listitem>
-<!-- <ulink url="">Local Bookstore</ulink> -->
-</itemizedlist>
-<!-- PAGE BREAK 2 -->
+ <biblioid class="isbn">978-82-92812-XX-Y</biblioid>
+
+<!-- LCCN from
+     http://catalog.loc.gov/cgi-bin/Pwebrecon.cgi?v3=1&DB=local&CMD=010a+2003063276&CNT=10+records+per+page
+     -->
+  <biblioid class="libraryofcongress">2003063276</biblioid>

 
 

+</bookinfo>

 <!-- PAGE BREAK 3 -->
 <!-- PAGE BREAK 3 -->

+<dedication id="alsobylessig">
+<title></title>

 <para>
 ALSO BY LAWRENCE LESSIG
 </para>
 <para>
 ALSO BY LAWRENCE LESSIG
 </para>


@@ -97,122 +144,16 @@ The Future of Ideas: The Fate of the Commons in a Connected World
 <para>
 Code: And Other Laws of Cyberspace
 </para>
 <para>
 Code: And Other Laws of Cyberspace
 </para>

-
+</dedication>

 <!-- PAGE BREAK 4 -->
 <!-- PAGE BREAK 4 -->

-<para>
-THE PENGUIN PRESS, NEW YORK
-</para>
-

 <!-- PAGE BREAK 5 -->
 <!-- PAGE BREAK 5 -->

-<para>
-FREE CULTURE
-</para>
-
-<para>
-HOW BIG MEDIA USES TECHNOLOGY AND
-THE LAW TO LOCK DOWN CULTURE
-AND CONTROL CREATIVITY
-</para>
-
-<para>
-LAWRENCE LESSIG
-</para>
-

 <!-- PAGE BREAK 6 -->
 <!-- PAGE BREAK 6 -->

-<para>
-THE PENGUIN PRESS, a member of Penguin Group (USA) Inc.  375 Hudson Street New
-York, New York
-</para>
-<para>
-Copyright &copy; Lawrence Lessig.  All rights reserved.
-</para>
-<para>
-Excerpt from an editorial titled "The Coming of Copyright Perpetuity,"
-<citetitle>The New York Times</citetitle>, January 16, 2003. Copyright
-&copy; 2003 by The New York Times Co.  Reprinted with permission.
-</para>
-<para>
-Cartoon in <xref linkend="fig-1711"/> by Paul Conrad, copyright Tribune
-Media Services, Inc.  All rights reserved. Reprinted with permission.
-</para>
-<para>
-Diagram in <xref linkend="fig-1761"/> courtesy of the office of FCC
-Commissioner, Michael J. Copps.
-</para>
-<para>
-Library of Congress Cataloging-in-Publication Data
-</para>
-<para>
-Lessig, Lawrence.
-Free culture : how big media uses technology and the law to lock down 
-culture and control creativity / Lawrence Lessig.
-</para>
-<para>
-p. cm.
-</para>
-<para>
-Includes index.
-</para>
-<para>
-ISBN 1-59420-006-8 (hardcover)
-</para>
-<para>
-1. Intellectual property&mdash;United States. 2. Mass media&mdash;United States.
-</para>
-<para>
-3. Technological innovations&mdash;United States. 4. Art&mdash;United States. I. Title.
-</para>
-<para>
-KF2979.L47
-</para>
-<para>
-343.7309'9&mdash;dc22
-</para>
-<para>
-This book is printed on acid-free paper.
-</para>
-<para>
-Printed in the United States of America
-</para>
-<para>
-1 3 5 7 9 10 8 6 4
-</para>
-<para>
-Designed by Marysarah Quinn
-</para>
-
-<para>
-&translationblock;
-</para>
-
-<para>
-Without limiting the rights under copyright reserved above, no part of
-this publication may be reproduced, stored in or introduced into a
-retrieval system, or transmitted, in any form or by any means
-(electronic, mechanical, photocopying, recording or otherwise),
-without the prior written permission of both the copyright owner and
-the above publisher of this book.  The scanning, uploading, and
-distribution of this book via the Internet or via any other means
-without the permission of the publisher is illegal and punishable by
-law.  Please purchase only authorized electronic editions and do not
-participate in or encourage electronic piracy of copyrighted
-materials. Your support of the author's rights is appreciated.
-</para>
-</colophon>
-

 <!-- PAGE BREAK 7 -->
 <!-- PAGE BREAK 7 -->

-<dedication>
+<dedication><title></title>

 <para>
 <para>

-To Eric Eldred&mdash;whose work first drew me to this cause, and for whom
+To Eric Eldred &mdash; whose work first drew me to this cause, and for whom

 it continues still.
 </para>
 it continues still.
 </para>

-
-<para>
-<figure id="CreativeCommons">
-<title>Creative Commons, Some rights reserved</title>
-<graphic fileref="images/cc.png"></graphic>
-</figure>
-</para>

 </dedication>
 
 <toc id="toc"></toc>
 </dedication>
 
 <toc id="toc"></toc>


@@ -281,13 +222,12 @@ c      INDEX
 
 <preface id="preface">
 <title>PREFACE</title>
 
 <preface id="preface">
 <title>PREFACE</title>

-<indexterm id="idxpoguedavid" class='startofrange'>
-  <primary>Pogue, David</primary>
-</indexterm>
+<indexterm id='idxpoguedavid' class='startofrange'><primary>Pogue, David</primary></indexterm>

 <para>
 <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>


@@ -295,30 +235,30 @@ Unlike actual law, Internet software has no capacity to punish. It
 doesn't affect people who aren't online (and only a tiny minority
 of the world population is). And if you don't like the Internet's
 system, you can always flip off the modem.<footnote id="preface01"><para>
 doesn't affect people who aren't online (and only a tiny minority
 of the world population is). And if you don't like the Internet's
 system, you can always flip off the modem.<footnote id="preface01"><para>

-David Pogue, "Don't Just Chat, Do Something," <citetitle>New York Times</citetitle>, 30 January 2000.
+David Pogue, <quote>Don't Just Chat, Do Something,</quote> <citetitle>New York Times</citetitle>, 30 January 2000.

 </para></footnote>
 </para>
 </blockquote>
 <para>
 Pogue was skeptical of the core argument of the book&mdash;that
 </para></footnote>
 </para>
 </blockquote>
 <para>
 Pogue was skeptical of the core argument of the book&mdash;that

-software, or "code," functioned as a kind of law&mdash;and his review
+software, or <quote>code,</quote> functioned as a kind of law&mdash;and his review

 suggested the happy thought that if life in cyberspace got bad, we
 suggested the happy thought that if life in cyberspace got bad, we

-could always "drizzle, drazzle, druzzle, drome"-like simply flip a
+could always <quote>drizzle, drazzle, druzzle, drome</quote>-like simply flip a

 switch and be back home. Turn off the modem, unplug the computer, and
 any troubles that exist in <emphasis>that</emphasis> space wouldn't
 switch and be back home. Turn off the modem, unplug the computer, and
 any troubles that exist in <emphasis>that</emphasis> space wouldn't

-"affect" us anymore.
+<quote>affect</quote> us anymore.

 </para>
 <para>
 Pogue might have been right in 1999&mdash;I'm skeptical, but maybe.
 But even if he was right then, the point is not right now:
 <citetitle>Free Culture</citetitle> is about the troubles the Internet
 causes even after the modem is turned
 </para>
 <para>
 Pogue might have been right in 1999&mdash;I'm skeptical, but maybe.
 But even if he was right then, the point is not right now:
 <citetitle>Free Culture</citetitle> is about the troubles the Internet
 causes even after the modem is turned

-<!-- PAGE BREAK 12 -->
+<!--PAGE BREAK 12-->

 off. It is an argument about how the battles that now rage regarding life
 off. It is an argument about how the battles that now rage regarding life

-on-line have fundamentally affected "people who aren't online." There
+on-line have fundamentally affected <quote>people who aren't online.</quote> There

 is no switch that will insulate us from the Internet's effect.
 </para>
 is no switch that will insulate us from the Internet's effect.
 </para>

-<indexterm startref="idxpoguedavid" class='endofrange'/>
+<indexterm startref='idxpoguedavid' class='endofrange'/>

 <para>
 But unlike <citetitle>Code</citetitle>, the argument here is not much
 about the Internet itself. It is instead about the consequence of the
 <para>
 But unlike <citetitle>Code</citetitle>, the argument here is not much
 about the Internet itself. It is instead about the consequence of the


@@ -328,13 +268,13 @@ important.
 </para>
 <para>
 That tradition is the way our culture gets made. As I explain in the
 </para>
 <para>
 That tradition is the way our culture gets made. As I explain in the

-pages that follow, we come from a tradition of "free culture"&mdash;not
-"free" as in "free beer" (to borrow a phrase from the founder of the
+pages that follow, we come from a tradition of <quote>free culture</quote>&mdash;not
+<quote>free</quote> as in <quote>free beer</quote> (to borrow a phrase from the founder of the

 free software movement<footnote>
 <para>
 Richard M. Stallman, <citetitle>Free Software, Free Societies</citetitle> 57 (Joshua Gay, ed. 2002).
 free software movement<footnote>
 <para>
 Richard M. Stallman, <citetitle>Free Software, Free Societies</citetitle> 57 (Joshua Gay, ed. 2002).

-</para></footnote>), but "free" as in "free speech," "free markets,"
-"free trade," "free enterprise," "free will," and "free elections." A
+</para></footnote>), but <quote>free</quote> as in <quote>free speech,</quote> <quote>free markets,</quote>
+<quote>free trade,</quote> <quote>free enterprise,</quote> <quote>free will,</quote> and <quote>free elections.</quote> A

 free culture supports and protects creators and innovators. It does
 this directly by granting intellectual property rights. But it does so
 indirectly by limiting the reach of those rights, to guarantee that
 free culture supports and protects creators and innovators. It does
 this directly by granting intellectual property rights. But it does so
 indirectly by limiting the reach of those rights, to guarantee that


@@ -342,31 +282,33 @@ follow-on creators and innovators remain <emphasis>as free as
 possible</emphasis> from the control of the past. A free culture is
 not a culture without property, just as a free market is not a market
 in which everything is free. The opposite of a free culture is a
 possible</emphasis> from the control of the past. A free culture is
 not a culture without property, just as a free market is not a market
 in which everything is free. The opposite of a free culture is a

-"permission culture"&mdash;a culture in which creators get to create
+<quote>permission culture</quote>&mdash;a culture in which creators get to create

 only with the permission of the powerful, or of creators from the
 past.
 </para>
 <para>
 only with the permission of the powerful, or of creators from the
 past.
 </para>
 <para>

-If we understood this change, I believe we would resist it. Not "we"
-on the Left or "you" on the Right, but we who have no stake in the
+If we understood this change, I believe we would resist it. Not <quote>we</quote>
+on the Left or <quote>you</quote> on the Right, but we who have no stake in the

 particular industries of culture that defined the twentieth century.
 Whether you are on the Left or the Right, if you are in this sense
 disinterested, then the story I tell here will trouble you. For the
 changes I describe affect values that both sides of our political
 culture deem fundamental.
 </para>
 particular industries of culture that defined the twentieth century.
 Whether you are on the Left or the Right, if you are in this sense
 disinterested, then the story I tell here will trouble you. For the
 changes I describe affect values that both sides of our political
 culture deem fundamental.
 </para>

+<indexterm id='idxpowerconcentrationof' class='startofrange'><primary>power, concentration of</primary></indexterm>

 <indexterm><primary>CodePink Women in Peace</primary></indexterm>
 <indexterm><primary>CodePink Women in Peace</primary></indexterm>

+<indexterm><primary>Safire, William</primary></indexterm>
+<indexterm><primary>Stevens, Ted</primary></indexterm>

 <para>
 We saw a glimpse of this bipartisan outrage in the early summer of
 2003. As the FCC considered changes in media ownership rules that
 would relax limits on media concentration, an extraordinary coalition
 generated more than 700,000 letters to the FCC opposing the change.
 <para>
 We saw a glimpse of this bipartisan outrage in the early summer of
 2003. As the FCC considered changes in media ownership rules that
 would relax limits on media concentration, an extraordinary coalition
 generated more than 700,000 letters to the FCC opposing the change.

-As William Safire described marching "uncomfortably alongside CodePink
+As William Safire described marching <quote>uncomfortably alongside CodePink

 Women for Peace and the National Rifle Association, between liberal
 Women for Peace and the National Rifle Association, between liberal

-Olympia Snowe and conservative Ted Stevens," he formulated perhaps
+Olympia Snowe and conservative Ted Stevens,</quote> he formulated perhaps

 most simply just what was at stake: the concentration of power. And as
 he asked,
 most simply just what was at stake: the concentration of power. And as
 he asked,

-<indexterm><primary>Safire, William</primary></indexterm>

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


@@ -375,7 +317,7 @@ power&mdash;political, corporate, media, cultural&mdash;should be anathema to
 conservatives. The diffusion of power through local control, thereby
 encouraging individual participation, is the essence of federalism and
 the greatest expression of democracy.<footnote><para> William Safire,
 conservatives. The diffusion of power through local control, thereby
 encouraging individual participation, is the essence of federalism and
 the greatest expression of democracy.<footnote><para> William Safire,

-"The Great Media Gulp," <citetitle>New York Times</citetitle>, 22 May 2003.
+<quote>The Great Media Gulp,</quote> <citetitle>New York Times</citetitle>, 22 May 2003.

 <indexterm><primary>Safire, William</primary></indexterm>
 </para></footnote>
 </para>
 <indexterm><primary>Safire, William</primary></indexterm>
 </para></footnote>
 </para>


@@ -388,13 +330,17 @@ visibly, on the concentration of power produced by a radical change in
 the effective scope of the law. The law is changing; that change is
 altering the way our culture gets made; that change should worry
 you&mdash;whether or not you care about the Internet, and whether you're on
 the effective scope of the law. The law is changing; that change is
 altering the way our culture gets made; that change should worry
 you&mdash;whether or not you care about the Internet, and whether you're on

-Safire's left or on his right.  The inspiration for the title and for
+Safire's left or on his right.
+</para>
+<indexterm startref='idxpowerconcentrationof' class='endofrange'/>
+<para>
+<emphasis role="strong">The inspiration</emphasis> for the title and for

 much of the argument of this book comes from the work of Richard
 Stallman and the Free Software Foundation. Indeed, as I reread
 Stallman's own work, especially the essays in <citetitle>Free Software, Free
 Society</citetitle>, I realize that all of the theoretical insights I develop here
 are insights Stallman described decades ago. One could thus well argue
 much of the argument of this book comes from the work of Richard
 Stallman and the Free Software Foundation. Indeed, as I reread
 Stallman's own work, especially the essays in <citetitle>Free Software, Free
 Society</citetitle>, I realize that all of the theoretical insights I develop here
 are insights Stallman described decades ago. One could thus well argue

-that this work is "merely" derivative.
+that this work is <quote>merely</quote> derivative.

 </para>
 <para>
 I accept that criticism, if indeed it is a criticism. The work of a
 </para>
 <para>
 I accept that criticism, if indeed it is a criticism. The work of a


@@ -406,7 +352,7 @@ like Stallman, I believe those are values of our past that will need
 to be defended in our future. A free culture has been our past, but it
 will only be our future if we change the path we are on right now.
 
 to be defended in our future. A free culture has been our past, but it
 will only be our future if we change the path we are on right now.
 

-<!-- PAGE BREAK 14 -->
+<!--PAGE BREAK 14-->

 Like Stallman's arguments for free software, an argument for free
 culture stumbles on a confusion that is hard to avoid, and even harder
 to understand. A free culture is not a culture without property; it is not
 Like Stallman's arguments for free software, an argument for free
 culture stumbles on a confusion that is hard to avoid, and even harder
 to understand. A free culture is not a culture without property; it is not


@@ -429,21 +375,25 @@ book is written.
 <!-- PAGE BREAK 15 -->
 
 <!-- PAGE BREAK 16 -->
 <!-- PAGE BREAK 15 -->
 
 <!-- PAGE BREAK 16 -->

-<chapter id="c-introduction">
+<chapter label="0" id="c-introduction">

 <title>INTRODUCTION</title>
 <title>INTRODUCTION</title>

+<indexterm id='idxwrightbrothers' class='startofrange'><primary>Wright brothers</primary></indexterm>

 <para>
 <para>

-On December 17, 1903, on a windy North Carolina beach for just
+<emphasis role="strong">On December 17</emphasis>, 1903, on a windy North Carolina beach for just

 shy of one hundred seconds, the Wright brothers demonstrated that a
 heavier-than-air, self-propelled vehicle could fly. The moment was electric
 and its importance widely understood. Almost immediately, there
 was an explosion of interest in this newfound technology of manned
 flight, and a gaggle of innovators began to build upon it.
 </para>
 shy of one hundred seconds, the Wright brothers demonstrated that a
 heavier-than-air, self-propelled vehicle could fly. The moment was electric
 and its importance widely understood. Almost immediately, there
 was an explosion of interest in this newfound technology of manned
 flight, and a gaggle of innovators began to build upon it.
 </para>

+<indexterm id='idxairtrafficlandownershipvs' class='startofrange'><primary>air traffic, land ownership vs.</primary></indexterm>
+<indexterm id='idxlandownershipairtrafficand' class='startofrange'><primary>land ownership, air traffic and</primary></indexterm>
+<indexterm id='idxpropertyrightsairtrafficvs' class='startofrange'><primary>property rights</primary><secondary>air traffic vs.</secondary></indexterm>

 <para>
 At the time the Wright brothers invented the airplane, American
 law held that a property owner presumptively owned not just the surface
 of his land, but all the land below, down to the center of the earth,
 <para>
 At the time the Wright brothers invented the airplane, American
 law held that a property owner presumptively owned not just the surface
 of his land, but all the land below, down to the center of the earth,

-and all the space above, to "an indefinite extent, upwards."<footnote><para>
+and all the space above, to <quote>an indefinite extent, upwards.</quote><footnote><para>

 St. George Tucker, <citetitle>Blackstone's Commentaries</citetitle> 3 (South Hackensack, N.J.:
 Rothman Reprints, 1969), 18.
 </para></footnote>
 St. George Tucker, <citetitle>Blackstone's Commentaries</citetitle> 3 (South Hackensack, N.J.:
 Rothman Reprints, 1969), 18.
 </para></footnote>


@@ -452,6 +402,7 @@ years, scholars had puzzled about how best to interpret the idea that
 rights in land ran to the heavens. Did that mean that you owned the
 stars? Could you prosecute geese for their willful and regular trespass?
 </para>
 rights in land ran to the heavens. Did that mean that you owned the
 stars? Could you prosecute geese for their willful and regular trespass?
 </para>

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

 <para>
 Then came airplanes, and for the first time, this principle of American
 law&mdash;deep within the foundations of our tradition, and acknowledged
 <para>
 Then came airplanes, and for the first time, this principle of American
 law&mdash;deep within the foundations of our tradition, and acknowledged


@@ -470,19 +421,21 @@ because of low-flying military aircraft (the terrified chickens apparently
 flew into the barn walls and died), the Causbys filed a lawsuit saying
 that the government was trespassing on their land. The airplanes,
 of course, never touched the surface of the Causbys' land. But if, as
 flew into the barn walls and died), the Causbys filed a lawsuit saying
 that the government was trespassing on their land. The airplanes,
 of course, never touched the surface of the Causbys' land. But if, as

-Blackstone, Kent, and Coke had said, their land reached to "an indefinite
-extent, upwards," then the government was trespassing on their
+Blackstone, Kent, and Coke had said, their land reached to <quote>an indefinite
+extent, upwards,</quote> then the government was trespassing on their

 property, and the Causbys wanted it to stop.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 property, and the Causbys wanted it to stop.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

+<indexterm id='idxdouglaswilliamo' class='startofrange'><primary>Douglas, William O.</primary></indexterm>
+<indexterm id='idxsupremecourtusonairspacevslandrights' class='startofrange'><primary>Supreme Court, U.S.</primary><secondary>on airspace vs. land rights</secondary></indexterm>

 <para>
 The Supreme Court agreed to hear the Causbys' case. Congress had
 declared the airways public, but if one's property really extended to the
 heavens, then Congress's declaration could well have been an unconstitutional
 <para>
 The Supreme Court agreed to hear the Causbys' case. Congress had
 declared the airways public, but if one's property really extended to the
 heavens, then Congress's declaration could well have been an unconstitutional

-"taking" of property without compensation. The Court acknowledged
-that "it is ancient doctrine that common law ownership of
-the land extended to the periphery of the universe." But Justice Douglas
+<quote>taking</quote> of property without compensation. The Court acknowledged
+that <quote>it is ancient doctrine that common law ownership of
+the land extended to the periphery of the universe.</quote> But Justice Douglas

 had no patience for ancient doctrine. In a single paragraph, hundreds of
 years of property law were erased. As he wrote for the Court,
 </para>
 had no patience for ancient doctrine. In a single paragraph, hundreds of
 years of property law were erased. As he wrote for the Court,
 </para>


@@ -498,11 +451,11 @@ interest, and transfer into private ownership that to which only
 the public has a just claim.<footnote>
 <para>
 United States v. Causby, U.S. 328 (1946): 256, 261. The Court did find
 the public has a just claim.<footnote>
 <para>
 United States v. Causby, U.S. 328 (1946): 256, 261. The Court did find

-that there could be a "taking" if the government's use of its land
+that there could be a <quote>taking</quote> if the government's use of its land

 effectively destroyed the value of the Causbys' land. This example was
 effectively destroyed the value of the Causbys' land. This example was

-suggested to me by Keith Aoki's wonderful piece, "(Intellectual)
+suggested to me by Keith Aoki's wonderful piece, <quote>(Intellectual)

 Property and Sovereignty: Notes Toward a Cultural Geography of
 Property and Sovereignty: Notes Toward a Cultural Geography of

-Authorship," <citetitle>Stanford Law Review</citetitle> 48 (1996): 1293, 1333. See also Paul
+Authorship,</quote> <citetitle>Stanford Law Review</citetitle> 48 (1996): 1293, 1333. See also Paul

 Goldstein, <citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press, 1984),
 1112&ndash;13.
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 Goldstein, <citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press, 1984),
 1112&ndash;13.
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>


@@ -511,21 +464,23 @@ Goldstein, <citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press
 </para>
 </blockquote>
 <para>
 </para>
 </blockquote>
 <para>

-"Common sense revolts at the idea."
+<quote>Common sense revolts at the idea.</quote>

 </para>
 </para>

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

 <para>
 This is how the law usually works. Not often this abruptly or
 impatiently, but eventually, this is how it works. It was Douglas's style not to
 dither. Other justices would have blathered on for pages to reach the
 <para>
 This is how the law usually works. Not often this abruptly or
 impatiently, but eventually, this is how it works. It was Douglas's style not to
 dither. Other justices would have blathered on for pages to reach the

-<!-- PAGE BREAK 18 -->
-conclusion that Douglas holds in a single line: "Common sense revolts
-at the idea." But whether it takes pages or a few words, it is the special
+<!--PAGE BREAK 18-->
+conclusion that Douglas holds in a single line: <quote>Common sense revolts
+at the idea.</quote> But whether it takes pages or a few words, it is the special

 genius of a common law system, as ours is, that the law adjusts to the
 technologies of the time. And as it adjusts, it changes. Ideas that were
 as solid as rock in one age crumble in another.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 genius of a common law system, as ours is, that the law adjusts to the
 technologies of the time. And as it adjusts, it changes. Ideas that were
 as solid as rock in one age crumble in another.
 </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


@@ -535,30 +490,36 @@ themselves into walls), the Causbys of the world would find it very
 hard to unite and stop the idea, and the technology, that the Wright
 brothers had birthed. The Wright brothers spat airplanes into the
 technological meme pool; the idea then spread like a virus in a chicken
 hard to unite and stop the idea, and the technology, that the Wright
 brothers had birthed. The Wright brothers spat airplanes into the
 technological meme pool; the idea then spread like a virus in a chicken

-coop; farmers like the Causbys found themselves surrounded by "what
-seemed reasonable" given the technology that the Wrights had produced.
+coop; farmers like the Causbys found themselves surrounded by <quote>what
+seemed reasonable</quote> given the technology that the Wrights had produced.

 They could stand on their farms, dead chickens in hand, and
 shake their fists at these newfangled technologies all they wanted.
 They could call their representatives or even file a lawsuit. But in the
 They could stand on their farms, dead chickens in hand, and
 shake their fists at these newfangled technologies all they wanted.
 They could call their representatives or even file a lawsuit. But in the

-end, the force of what seems "obvious" to everyone else&mdash;the power of
-"common sense"&mdash;would prevail. Their "private interest" would not be
+end, the force of what seems <quote>obvious</quote> to everyone else&mdash;the power of
+<quote>common sense</quote>&mdash;would prevail. Their <quote>private interest</quote> would not be

 allowed to defeat an obvious public gain.
 </para>
 allowed to defeat an obvious public gain.
 </para>

-<para>
-Edwin Howard Armstrong 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
-single inventor in the first fifty years of radio. He was better educated
-than Michael Faraday, who as a bookbinder's apprentice had discovered
-electric induction in 1831. But he had the same intuition about
-how the world of radio worked, and on at least three occasions,
-Armstrong invented profoundly important technologies that advanced our
-understanding of radio.
-<!-- PAGE BREAK 19 -->
+<indexterm startref='idxairtrafficlandownershipvs' class='endofrange'/>
+<indexterm startref='idxlandownershipairtrafficand' class='endofrange'/>
+<indexterm startref='idxpropertyrightsairtrafficvs' class='endofrange'/>
+<indexterm startref='idxsupremecourtusonairspacevslandrights' class='endofrange'/>
+<indexterm id='idxarmstrongedwinhoward' class='startofrange'><primary>Armstrong, Edwin Howard</primary></indexterm>

 <indexterm><primary>Bell, Alexander Graham</primary></indexterm>
 <indexterm><primary>Edison, Thomas</primary></indexterm>
 <indexterm><primary>Faraday, Michael</primary></indexterm>
 <indexterm><primary>Bell, Alexander Graham</primary></indexterm>
 <indexterm><primary>Edison, Thomas</primary></indexterm>
 <indexterm><primary>Faraday, Michael</primary></indexterm>

+<indexterm id='idxradiofmspectrumof' class='startofrange'><primary>radio</primary><secondary>FM spectrum of</secondary></indexterm>
+<para>
+<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 single inventor in the first fifty years of
+radio. He was better educated than Michael Faraday, who as a
+bookbinder's apprentice had discovered electric induction in 1831. But
+he had the same intuition about how the world of radio worked, and on
+at least three occasions, Armstrong invented profoundly important
+technologies that advanced our understanding of radio.
+<!-- PAGE BREAK 19 -->

 </para>
 <para>
 On the day after Christmas, 1933, four patents were issued to Armstrong
 </para>
 <para>
 On the day after Christmas, 1933, four patents were issued to Armstrong


@@ -578,8 +539,8 @@ until the radio locked on a broadcast that he had arranged from
 seventeen miles away. The radio fell totally silent, as if dead, and
 then with a clarity no one else in that room had ever heard from an
 electrical device, it produced the sound of an announcer's voice:
 seventeen miles away. The radio fell totally silent, as if dead, and
 then with a clarity no one else in that room had ever heard from an
 electrical device, it produced the sound of an announcer's voice:

-"This is amateur station W2AG at Yonkers, New York, operating on
-frequency modulation at two and a half meters."
+<quote>This is amateur station W2AG at Yonkers, New York, operating on
+frequency modulation at two and a half meters.</quote>

 </para>
 <para>
 The audience was hearing something no one had thought possible:
 </para>
 <para>
 The audience was hearing something no one had thought possible:


@@ -587,17 +548,19 @@ The audience was hearing something no one had thought possible:
 <blockquote>
 <para>
 A glass of water was poured before the microphone in Yonkers; it
 <blockquote>
 <para>
 A glass of water was poured before the microphone in Yonkers; it

-sounded like a glass of water being poured. . . . A paper was crumpled
+sounded like a glass of water being poured. &hellip; A paper was crumpled

 and torn; it sounded like paper and not like a crackling forest
 and torn; it sounded like paper and not like a crackling forest

-fire. . . . Sousa marches were played from records and a piano solo
-and guitar number were performed. . . . The music was projected with a
-live-ness rarely if ever heard before from a radio "music
-box."<footnote><para>
+fire. &hellip; Sousa marches were played from records and a piano solo
+and guitar number were performed. &hellip; The music was projected with a
+live-ness rarely if ever heard before from a radio <quote>music
+box.</quote><footnote><para>

 Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard Armstrong</citetitle>
 (Philadelphia: J. B. Lipincott Company, 1956), 209.
 </para></footnote>
 </para>
 </blockquote>
 Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard Armstrong</citetitle>
 (Philadelphia: J. B. Lipincott Company, 1956), 209.
 </para></footnote>
 </para>
 </blockquote>

+<indexterm id='idxrca' class='startofrange'><primary>RCA</primary></indexterm>
+<indexterm id='idxmediaownershipconcentrationin' class='startofrange'><primary>media</primary><secondary>ownership concentration in</secondary></indexterm>

 <para>
 As our own common sense tells us, Armstrong had discovered a vastly
 superior radio technology. But at the time of his invention, Armstrong
 <para>
 As our own common sense tells us, Armstrong had discovered a vastly
 superior radio technology. But at the time of his invention, Armstrong


@@ -605,47 +568,50 @@ was working for RCA. RCA was the dominant player in the then dominant
 AM radio market. By 1935, there were a thousand radio stations across
 the United States, but the stations in large cities were all owned by
 a handful of networks.
 AM radio market. By 1935, there were a thousand radio stations across
 the United States, but the stations in large cities were all owned by
 a handful of networks.

-<!-- PAGE BREAK 20 -->
+<!--PAGE BREAK 20-->

 </para>
 </para>

+<indexterm><primary>Sarnoff, David</primary></indexterm>

 <para>
 RCA's president, David Sarnoff, a friend of Armstrong's, was eager
 that Armstrong discover a way to remove static from AM radio. So
 Sarnoff was quite excited when Armstrong told him he had a device
 <para>
 RCA's president, David Sarnoff, a friend of Armstrong's, was eager
 that Armstrong discover a way to remove static from AM radio. So
 Sarnoff was quite excited when Armstrong told him he had a device

-that removed static from "radio." But when Armstrong demonstrated
+that removed static from <quote>radio.</quote> But when Armstrong demonstrated

 his invention, Sarnoff was not pleased.
 his invention, Sarnoff was not pleased.

-<indexterm><primary>Sarnoff, David</primary></indexterm>

 </para>
 <blockquote>
 <para>
 I thought Armstrong would invent some kind of a filter to remove
 static from our AM radio. I didn't think he'd start a
 revolution&mdash; start up a whole damn new industry to compete with
 </para>
 <blockquote>
 <para>
 I thought Armstrong would invent some kind of a filter to remove
 static from our AM radio. I didn't think he'd start a
 revolution&mdash; start up a whole damn new industry to compete with

-RCA.<footnote><para> See "Saints: The Heroes and Geniuses of the
-Electronic Era," First Electronic Church of America, at
+RCA.<footnote><para> See <quote>Saints: The Heroes and Geniuses of the
+Electronic Era,</quote> First Electronic Church of America, at

 www.webstationone.com/fecha, available at
 
 <ulink url="http://free-culture.cc/notes/">link #1</ulink>.
 </para></footnote>
 </para>
 </blockquote>
 www.webstationone.com/fecha, available at
 
 <ulink url="http://free-culture.cc/notes/">link #1</ulink>.
 </para></footnote>
 </para>
 </blockquote>

+<indexterm id='idxfmradio' class='startofrange'><primary>FM radio</primary></indexterm>
+<indexterm><primary>Sarnoff, David</primary></indexterm>

 <para>
 Armstrong's invention threatened RCA's AM empire, so the company
 launched a campaign to smother FM radio. While FM may have been a
 superior technology, Sarnoff was a superior tactician.  As one author
 described,
 <para>
 Armstrong's invention threatened RCA's AM empire, so the company
 launched a campaign to smother FM radio. While FM may have been a
 superior technology, Sarnoff was a superior tactician.  As one author
 described,

-<indexterm><primary>Sarnoff, David</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxlessinglawrence' class='startofrange'><primary>Lessing, Lawrence</primary></indexterm>

 <blockquote>
 <para>
 The forces for FM, largely engineering, could not overcome the weight
 of strategy devised by the sales, patent, and legal offices to subdue
 this threat to corporate position. For FM, if allowed to develop
 <blockquote>
 <para>
 The forces for FM, largely engineering, could not overcome the weight
 of strategy devised by the sales, patent, and legal offices to subdue
 this threat to corporate position. For FM, if allowed to develop

-unrestrained, posed . . . a complete reordering of radio power
-. . . and the eventual overthrow of the carefully restricted AM system
+unrestrained, posed &hellip; a complete reordering of radio power
+&hellip; and the eventual overthrow of the carefully restricted AM system

 on which RCA had grown to power.<footnote><para>Lessing, 226.
 </para></footnote>
 </para>
 </blockquote>
 on which RCA had grown to power.<footnote><para>Lessing, 226.
 </para></footnote>
 </para>
 </blockquote>

+<indexterm id='idxfcconfmradio' class='startofrange'><primary>FCC</primary><secondary>on FM radio</secondary></indexterm>

 <para>
 RCA at first kept the technology in house, insisting that further
 tests were needed. When, after two years of testing, Armstrong grew
 <para>
 RCA at first kept the technology in house, insisting that further
 tests were needed. When, after two years of testing, Armstrong grew


@@ -670,6 +636,7 @@ Lessing, 256.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

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

 <indexterm><primary>AT&amp;T</primary></indexterm>
 <para>
 To make room in the spectrum for RCA's latest gamble, television,
 <indexterm><primary>AT&amp;T</primary></indexterm>
 <para>
 To make room in the spectrum for RCA's latest gamble, television,


@@ -681,6 +648,8 @@ FM relaying stations would mean radio stations would have to buy
 wired links from AT&amp;T.) The spread of FM radio was thus choked, at
 least temporarily.
 </para>
 wired links from AT&amp;T.) The spread of FM radio was thus choked, at
 least temporarily.
 </para>

+<indexterm startref='idxradiofmspectrumof' class='endofrange'/>
+<indexterm startref='idxfcconfmradio' class='endofrange'/>

 <para>
 Armstrong resisted RCA's efforts. In response, RCA resisted
 Armstrong's patents. After incorporating FM technology into the
 <para>
 Armstrong resisted RCA's efforts. In response, RCA resisted
 Armstrong's patents. After incorporating FM technology into the


@@ -693,6 +662,10 @@ 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='idxfmradio' class='endofrange'/>
+<indexterm startref='idxarmstrongedwinhoward' class='endofrange'/>
+<indexterm><primary>Causby, Thomas Lee</primary></indexterm>
+<indexterm><primary>Causby, Tinie</primary></indexterm>

 <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


@@ -704,20 +677,23 @@ the government to protect it. The rhetoric of this protection is of
 course always public spirited; the reality is something
 different. Ideas that were as solid as rock in one age, but that, left
 to themselves, would crumble in
 course always public spirited; the reality is something
 different. Ideas that were as solid as rock in one age, but that, left
 to themselves, would crumble in

-<!-- PAGE BREAK 22 -->
+<!--PAGE BREAK 22-->

 another, are sustained through this subtle corruption of our political
 process. RCA had what the Causbys did not: the power to stifle the
 effect of technological change.
 </para>
 another, are sustained through this subtle corruption of our political
 process. RCA had what the Causbys did not: the power to stifle the
 effect of technological change.
 </para>

+<indexterm startref='idxrca' class='endofrange'/>
+<indexterm startref='idxmediaownershipconcentrationin' class='endofrange'/>
+<indexterm id='idxinternetdevelopmentof' class='startofrange'><primary>Internet</primary><secondary>development of</secondary></indexterm>

 <para>
 <para>

-There's no single inventor of the Internet. Nor is there any good date
+<emphasis role="strong">There's no</emphasis> single inventor of the Internet. Nor is there any good date

 upon which to mark its birth. Yet in a very short time, the Internet
 has become part of ordinary American life. According to the Pew
 Internet and American Life Project, 58 percent of Americans had access
 to the Internet in 2002, up from 49 percent two years
 before.<footnote><para>
 upon which to mark its birth. Yet in a very short time, the Internet
 has become part of ordinary American life. According to the Pew
 Internet and American Life Project, 58 percent of Americans had access
 to the Internet in 2002, up from 49 percent two years
 before.<footnote><para>

-Amanda Lenhart, "The Ever-Shifting Internet Population: A New Look at
-Internet Access and the Digital Divide," Pew Internet and American
+Amanda Lenhart, <quote>The Ever-Shifting Internet Population: A New Look at
+Internet Access and the Digital Divide,</quote> Pew Internet and American

 Life Project, 15 April 2003: 6, available at
 <ulink url="http://free-culture.cc/notes/">link #2</ulink>.
 </para></footnote>
 Life Project, 15 April 2003: 6, available at
 <ulink url="http://free-culture.cc/notes/">link #2</ulink>.
 </para></footnote>


@@ -744,16 +720,20 @@ old as the Republic itself. Most, if they recognized this change,
 would reject it. Yet most don't even see the change that the Internet
 has introduced.
 </para>
 would reject it. Yet most don't even see the change that the Internet
 has introduced.
 </para>

+<indexterm startref='idxinternetdevelopmentof' class='endofrange'/>
+<indexterm><primary>Barlow, Joel</primary></indexterm>
+<indexterm id='idxculturecommercialvsnoncommercial' class='startofrange'><primary>culture</primary><secondary>commercial vs. noncommercial</secondary></indexterm>
+<indexterm><primary>Webster, Noah</primary></indexterm>

 <para>
 We can glimpse a sense of this change by distinguishing between
 commercial and noncommercial culture, and by mapping the law's
 <para>
 We can glimpse a sense of this change by distinguishing between
 commercial and noncommercial culture, and by mapping the law's

-regulation of each. By "commercial culture" I mean that part of our
+regulation of each. By <quote>commercial culture</quote> I mean that part of our

 culture that is produced and sold or produced to be sold. By
 culture that is produced and sold or produced to be sold. By

-"noncommercial culture" I mean all the rest. When old men sat around
+<quote>noncommercial culture</quote> I mean all the rest. When old men sat around

 parks or on
 <!-- PAGE BREAK 23 -->
 street corners telling stories that kids and others consumed, that was
 parks or on
 <!-- PAGE BREAK 23 -->
 street corners telling stories that kids and others consumed, that was

-noncommercial culture. When Noah Webster published his "Reader," or
+noncommercial culture. When Noah Webster published his <quote>Reader,</quote> or

 Joel Barlow his poetry, that was commercial culture.
 </para>
 <para>
 Joel Barlow his poetry, that was commercial culture.
 </para>
 <para>


@@ -762,11 +742,12 @@ tradition, noncommercial culture was essentially unregulated. Of
 course, if your stories were lewd, or if your song disturbed the
 peace, then the law might intervene. But the law was never directly
 concerned with the creation or spread of this form of culture, and it
 course, if your stories were lewd, or if your song disturbed the
 peace, then the law might intervene. But the law was never directly
 concerned with the creation or spread of this form of culture, and it

-left this culture "free." The ordinary ways in which ordinary
+left this culture <quote>free.</quote> The ordinary ways in which ordinary

 individuals shared and transformed their culture&mdash;telling
 stories, reenacting scenes from plays or TV, participating in fan
 clubs, sharing music, making tapes&mdash;were left alone by the law.
 </para>
 individuals shared and transformed their culture&mdash;telling
 stories, reenacting scenes from plays or TV, participating in fan
 clubs, sharing music, making tapes&mdash;were left alone by the law.
 </para>

+<indexterm id='idxcopyrightinfringementlawsuitscommercialcreativityasprimarypurposeof' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>commercial creativity as primary purpose of</secondary></indexterm>

 <para>
 The focus of the law was on commercial creativity. At first slightly,
 then quite extensively, the law protected the incentives of creators by
 <para>
 The focus of the law was on commercial creativity. At first slightly,
 then quite extensively, the law protected the incentives of creators by


@@ -780,7 +761,7 @@ State copyright law historically protected not just the commercial interest in
 publication, but also a privacy interest. By granting authors the exclusive
 right to first publication, state copyright law gave authors the power to
 control the spread of facts about them. See Samuel D. Warren and Louis
 publication, but also a privacy interest. By granting authors the exclusive
 right to first publication, state copyright law gave authors the power to
 control the spread of facts about them. See Samuel D. Warren and Louis

-D. Brandeis, "The Right to Privacy," Harvard Law Review 4 (1890): 193,
+D. Brandeis, <quote>The Right to Privacy,</quote> Harvard Law Review 4 (1890): 193,

 198&ndash;200.
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>
 </para></footnote>
 198&ndash;200.
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>
 </para></footnote>


@@ -789,6 +770,8 @@ and it has become an increasingly important part in America. But in no
 sense was it dominant within our tradition. It was instead just one
 part, a controlled part, balanced with the free.
 </para>
 sense was it dominant within our tradition. It was instead just one
 part, a controlled part, balanced with the free.
 </para>

+<indexterm><primary>free culture</primary><secondary> permission culture vs.</secondary></indexterm>
+<indexterm><primary>permission culture</primary><secondary> free culture vs.</secondary></indexterm>

 <para>
 This rough divide between the free and the controlled has now
 been erased.<footnote><para>
 <para>
 This rough divide between the free and the controlled has now
 been erased.<footnote><para>


@@ -808,6 +791,9 @@ been undone.  The consequence is that we are less and less a free
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->

+<indexterm><primary>Causby, Thomas Lee</primary></indexterm>
+<indexterm><primary>Causby, Tinie</primary></indexterm>
+<indexterm><primary>protection of artists vs. business interests</primary></indexterm>

 <para>
 This change gets justified as necessary to protect commercial
 creativity.  And indeed, protectionism is precisely its
 <para>
 This change gets justified as necessary to protect commercial
 creativity.  And indeed, protectionism is precisely its


@@ -821,6 +807,7 @@ shared have united to induce lawmakers to use the law to protect
 them. It is the story of RCA and Armstrong; it is the dream of the
 Causbys.
 </para>
 them. It is the story of RCA and Armstrong; it is the dream of the
 Causbys.
 </para>

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

 <para>
 For the Internet has unleashed an extraordinary possibility for many
 to participate in the process of building and cultivating a culture
 <para>
 For the Internet has unleashed an extraordinary possibility for many
 to participate in the process of building and cultivating a culture


@@ -849,17 +836,19 @@ more efficient, more vibrant technology for building culture. They are
 succeeding in their plan to remake the Internet before the Internet
 remakes them.
 </para>
 succeeding in their plan to remake the Internet before the Internet
 remakes them.
 </para>

+<indexterm startref='idxculturecommercialvsnoncommercial' class='endofrange'/>
+<indexterm><primary>Valenti, Jack</primary><secondary> on creative property rights</secondary></indexterm>

 <para>
 It doesn't seem this way to many. The battles over copyright and the
 <!-- PAGE BREAK 25 -->
 Internet seem remote to most. To the few who follow them, they seem
 <para>
 It doesn't seem this way to many. The battles over copyright and the
 <!-- PAGE BREAK 25 -->
 Internet seem remote to most. To the few who follow them, they seem

-mainly about a much simpler brace of questions&mdash;whether "piracy" will
-be permitted, and whether "property" will be protected. The "war" that
+mainly about a much simpler brace of questions&mdash;whether <quote>piracy</quote> will
+be permitted, and whether <quote>property</quote> will be protected. The <quote>war</quote> that

 has been waged against the technologies of the Internet&mdash;what 
 Motion Picture Association of America (MPAA) president Jack Valenti
 has been waged against the technologies of the Internet&mdash;what 
 Motion Picture Association of America (MPAA) president Jack Valenti

-calls his "own terrorist war"<footnote><para>
-Amy Harmon, "Black Hawk Download: Moving Beyond Music, Pirates
-Use New Tools to Turn the Net into an Illicit Video Club," <citetitle>New York
+calls his <quote>own terrorist war</quote><footnote><para>
+Amy Harmon, <quote>Black Hawk Download: Moving Beyond Music, Pirates
+Use New Tools to Turn the Net into an Illicit Video Club,</quote> <citetitle>New York

 Times</citetitle>, 17 January 2002.
 </para></footnote>&mdash;has been framed as a battle about the
 rule of law and respect for property. To know which side to take in this
 Times</citetitle>, 17 January 2002.
 </para></footnote>&mdash;has been framed as a battle about the
 rule of law and respect for property. To know which side to take in this


@@ -870,16 +859,20 @@ against it.
 If those really were the choices, then I would be with Jack Valenti
 and the content industry. I, too, am a believer in property, and
 especially in the importance of what Mr. Valenti nicely calls
 If those really were the choices, then I would be with Jack Valenti
 and the content industry. I, too, am a believer in property, and
 especially in the importance of what Mr. Valenti nicely calls

-"creative property."  I believe that "piracy" is wrong, and that the
-law, properly tuned, should punish "piracy," whether on or off the
+<quote>creative property.</quote>  I believe that <quote>piracy</quote> is wrong, and that the
+law, properly tuned, should punish <quote>piracy,</quote> whether on or off the

 Internet.
 </para>
 <para>
 But those simple beliefs mask a much more fundamental question
 and a much more dramatic change. My fear is that unless we come to see
 Internet.
 </para>
 <para>
 But those simple beliefs mask a much more fundamental question
 and a much more dramatic change. My fear is that unless we come to see

-this change, the war to rid the world of Internet "pirates" will also rid our
+this change, the war to rid the world of Internet <quote>pirates</quote> will also rid our

 culture of values that have been integral to our tradition from the start.
 </para>
 culture of values that have been integral to our tradition from the start.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>copyright law</primary><secondary>as protection of creators</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>
+<indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>

 <para>
 These values built a tradition that, for at least the first 180 years of
 our Republic, guaranteed creators the right to build freely upon their
 <para>
 These values built a tradition that, for at least the first 180 years of
 our Republic, guaranteed creators the right to build freely upon their


@@ -887,7 +880,7 @@ past, and protected creators and innovators from either state or private
 control. The First Amendment protected creators against state control.
 And as Professor Neil Netanel powerfully argues,<footnote>
 <para>
 control. The First Amendment protected creators against state control.
 And as Professor Neil Netanel powerfully argues,<footnote>
 <para>

-Neil W. Netanel, "Copyright and a Democratic Civil Society," <citetitle>Yale Law
+Neil W. Netanel, <quote>Copyright and a Democratic Civil Society,</quote> <citetitle>Yale Law

 Journal</citetitle> 106 (1996): 283.
 <indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>
 </para></footnote>
 Journal</citetitle> 106 (1996): 283.
 <indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>
 </para></footnote>


@@ -907,10 +900,10 @@ independent. We have built a kind of cultural nobility; those within
 the noble class live easily; those outside it don't. But it is
 nobility of any form that is alien to our tradition.
 </para>
 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>
 <para>

-The story that follows is about this war. Is it not about the
-"centrality of technology" to ordinary life. I don't believe in gods,
+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
 otherwise. It is not a morality tale. Nor is it a call to jihad
 digital or otherwise. Nor is it an effort to demonize any individual
 or group, for neither do I believe in a devil, corporate or
 otherwise. It is not a morality tale. Nor is it a call to jihad


@@ -927,39 +920,42 @@ come to understand the source of this war. We must resolve it soon.
 </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 id='idxintellectualpropertyrights' class='startofrange'><primary>intellectual property rights</primary></indexterm>

 <para>
 <para>

-Like the Causbys' battle, this war is, in part, about "property."  The
+<emphasis role="strong">Like the Causbys'</emphasis> battle, this war is, in part, about <quote>property.</quote>  The

 property of this war is not as tangible as the Causbys', and no
 innocent chicken has yet to lose its life. Yet the ideas surrounding
 property of this war is not as tangible as the Causbys', and no
 innocent chicken has yet to lose its life. Yet the ideas surrounding

-this "property" are as obvious to most as the Causbys' claim about the
+this <quote>property</quote> are as obvious to most as the Causbys' claim about the

 sacredness of their farm was to them. We are the Causbys. Most of us
 take for granted the extraordinarily powerful claims that the owners
 sacredness of their farm was to them. We are the Causbys. Most of us
 take for granted the extraordinarily powerful claims that the owners

-of "intellectual property" now assert. Most of us, like the Causbys,
+of <quote>intellectual property</quote> now assert. Most of us, like the Causbys,

 treat these claims as obvious. And hence we, like the Causbys, object
 when a new technology interferes with this property. It is as plain to
 us as it was to them that the new technologies of the Internet are
 treat these claims as obvious. And hence we, like the Causbys, object
 when a new technology interferes with this property. It is as plain to
 us as it was to them that the new technologies of the Internet are

-"trespassing" upon legitimate claims of "property." It is as plain to
+<quote>trespassing</quote> upon legitimate claims of <quote>property.</quote> It is as plain to

 us as it was to them that the law should intervene to stop this
 trespass.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 us as it was to them that the law should intervene to stop this
 trespass.
 </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.
 Common sense does not revolt. Unlike in the case of the unlucky
 Causbys, common sense is on the side of the property owners in this
 war. Unlike
 <para>
 And thus, when geeks and technologists defend their Armstrong or
 Wright brothers technology, most of us are simply unsympathetic.
 Common sense does not revolt. Unlike in the case of the unlucky
 Causbys, common sense is on the side of the property owners in this
 war. Unlike

-<!-- PAGE BREAK 27 -->
+<!--PAGE BREAK 27-->

 the lucky Wright brothers, the Internet has not inspired a revolution
 on its side.
 </para>
 the lucky Wright brothers, the Internet has not inspired a revolution
 on its side.
 </para>

+<indexterm><primary>power, concentration of</primary></indexterm>

 <para>
 My hope is to push this common sense along. I have become increasingly
 amazed by the power of this idea of intellectual property and, more
 importantly, its power to disable critical thought by policy makers
 and citizens. There has never been a time in our history when more of
 <para>
 My hope is to push this common sense along. I have become increasingly
 amazed by the power of this idea of intellectual property and, more
 importantly, its power to disable critical thought by policy makers
 and citizens. There has never been a time in our history when more of

-our "culture" was as "owned" as it is now. And yet there has never
+our <quote>culture</quote> was as <quote>owned</quote> as it is now. And yet there has never

 been a time when the concentration of power to control the
 <emphasis>uses</emphasis> of culture has been as unquestioningly
 accepted as it is now.
 been a time when the concentration of power to control the
 <emphasis>uses</emphasis> of culture has been as unquestioningly
 accepted as it is now.


@@ -994,15 +990,16 @@ view?
 I don't mean to be mysterious. My own views are resolved. I believe it
 was right for common sense to revolt against the extremism of the
 Causbys. I believe it would be right for common sense to revolt
 I don't mean to be mysterious. My own views are resolved. I believe it
 was right for common sense to revolt against the extremism of the
 Causbys. I believe it would be right for common sense to revolt

-against the extreme claims made today on behalf of "intellectual
-property."  What the law demands today is increasingly as silly as a
+against the extreme claims made today on behalf of <quote>intellectual
+property.</quote>  What the law demands today is increasingly as silly as a

 sheriff arresting an airplane for trespass. But the consequences of
 this silliness will be much more profound.
 <!-- PAGE BREAK 28 -->
 </para>
 sheriff arresting an airplane for trespass. But the consequences of
 this silliness will be much more profound.
 <!-- PAGE BREAK 28 -->
 </para>

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

 <para>
 <para>

-The struggle that rages just now centers on two ideas: "piracy" and
-"property." My aim in this book's next two parts is to explore these two
+<emphasis role="strong">The struggle</emphasis> that rages just now centers on two ideas: <quote>piracy</quote> and
+<quote>property.</quote> My aim in this book's next two parts is to explore these two

 ideas.
 </para>
 <para>
 ideas.
 </para>
 <para>


@@ -1016,10 +1013,10 @@ simple ideas can be more fully understood.
 <para>
 The two sections set up the core claim of this book: that while the
 Internet has indeed produced something fantastic and new, our
 <para>
 The two sections set up the core claim of this book: that while the
 Internet has indeed produced something fantastic and new, our

-government, pushed by big media to respond to this "something new," is
+government, pushed by big media to respond to this <quote>something new,</quote> is

 destroying something very old. Rather than understanding the changes
 destroying something very old. Rather than understanding the changes

-the Internet might permit, and rather than taking time to let "common
-sense" resolve how best to respond, we are allowing those most
+the Internet might permit, and rather than taking time to let <quote>common
+sense</quote> resolve how best to respond, we are allowing those most

 threatened by the changes to use their power to change the
 law&mdash;and more importantly, to use their power to change something
 fundamental about who we have always been.
 threatened by the changes to use their power to change the
 law&mdash;and more importantly, to use their power to change something
 fundamental about who we have always been.


@@ -1035,16 +1032,17 @@ to which most of us remain oblivious.
 </chapter>
 <!-- PAGE BREAK 29 -->
 <part id="c-piracy">
 </chapter>
 <!-- PAGE BREAK 29 -->
 <part id="c-piracy">

-<title>"PIRACY"</title>
+<title><quote>PIRACY</quote></title>

 <partintro>
 <!-- PAGE BREAK 30 -->
 <partintro>
 <!-- PAGE BREAK 30 -->

-<indexterm id="idxmansfield1" class='startofrange'>
-  <primary>Mansfield, William Murray, Lord</primary>
-</indexterm>
-<para>
-Since the inception of the law regulating creative property, there has
-been a war against "piracy." The precise contours of this concept,
-"piracy," are hard to sketch, but the animating injustice is easy to
+<indexterm><primary>copyright law</primary><secondary>English</secondary></indexterm>
+<indexterm id='idxmansfieldwilliammurraylord' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>
+<indexterm><primary>music publishing</primary></indexterm>
+<indexterm><primary>sheet music</primary></indexterm>
+<para>
+<emphasis role="strong">Since the inception</emphasis> of the law regulating creative property, there has
+been a war against <quote>piracy.</quote> The precise contours of this concept,
+<quote>piracy,</quote> are hard to sketch, but the animating injustice is easy to

 capture.  As Lord Mansfield wrote in a case that extended the reach of
 English copyright law to include sheet music,
 </para>
 capture.  As Lord Mansfield wrote in a case that extended the reach of
 English copyright law to include sheet music,
 </para>


@@ -1057,10 +1055,12 @@ of them for his own use.<footnote><para>
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777) (Mansfield).
 </para></footnote>
 </para>
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777) (Mansfield).
 </para></footnote>
 </para>

-<indexterm startref="idxmansfield1" class='endofrange'/>
+<indexterm startref='idxmansfieldwilliammurraylord' class='endofrange'/>

 </blockquote>
 </blockquote>

+<indexterm><primary>Internet</primary><secondary> efficient content distribution on</secondary></indexterm>
+<indexterm id='idxpeertopeerppfilesharingefficiencyof' class='startofrange'><primary>peer-to-peer (p2p) file sharing</primary><secondary>efficiency of</secondary></indexterm>

 <para>
 <para>

-Today we are in the middle of another "war" against "piracy." The
+Today we are in the middle of another <quote>war</quote> against <quote>piracy.</quote> The

 Internet has provoked this war. The Internet makes possible the
 efficient spread of content. Peer-to-peer (p2p) file sharing is among
 the most efficient of the efficient technologies the Internet
 Internet has provoked this war. The Internet makes possible the
 efficient spread of content. Peer-to-peer (p2p) file sharing is among
 the most efficient of the efficient technologies the Internet


@@ -1073,21 +1073,22 @@ This efficiency does not respect the traditional lines of copyright.
 The network doesn't discriminate between the sharing of copyrighted
 and uncopyrighted content. Thus has there been a vast amount of
 sharing of copyrighted content. That sharing in turn has excited the
 The network doesn't discriminate between the sharing of copyrighted
 and uncopyrighted content. Thus has there been a vast amount of
 sharing of copyrighted content. That sharing in turn has excited the

-war, as copyright owners fear the sharing will "rob the author of the
-profit."
+war, as copyright owners fear the sharing will <quote>rob the author of the
+profit.</quote>

 </para>
 </para>

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

 <para>
 The warriors have turned to the courts, to the legislatures, and
 <para>
 The warriors have turned to the courts, to the legislatures, and

-increasingly to technology to defend their "property" against this
-"piracy."  A generation of Americans, the warriors warn, is being
-raised to believe that "property" should be "free." Forget tattoos,
+increasingly to technology to defend their <quote>property</quote> against this
+<quote>piracy.</quote>  A generation of Americans, the warriors warn, is being
+raised to believe that <quote>property</quote> should be <quote>free.</quote> Forget tattoos,

 never mind body piercing&mdash;our kids are becoming
 <emphasis>thieves</emphasis>!
 </para>
 <para>
 never mind body piercing&mdash;our kids are becoming
 <emphasis>thieves</emphasis>!
 </para>
 <para>

-There's no doubt that "piracy" is wrong, and that pirates should be
+There's no doubt that <quote>piracy</quote> is wrong, and that pirates should be

 punished. But before we summon the executioners, we should put this
 punished. But before we summon the executioners, we should put this

-notion of "piracy" in some context. For as the concept is increasingly
+notion of <quote>piracy</quote> in some context. For as the concept is increasingly

 used, at its core is an extraordinary idea that is almost certainly wrong.
 </para>
 <para>
 used, at its core is an extraordinary idea that is almost certainly wrong.
 </para>
 <para>


@@ -1103,39 +1104,46 @@ from someone else without permission is wrong. It is a form of
 piracy.
 </para>
 </blockquote>
 piracy.
 </para>
 </blockquote>

+<indexterm><primary>ASCAP</primary></indexterm>

 <indexterm><primary>Dreyfuss, Rochelle</primary></indexterm>
 <indexterm><primary>Dreyfuss, Rochelle</primary></indexterm>

+<indexterm><primary>Girl Scouts</primary></indexterm>
+<indexterm id='idxcreativepropertyifvaluethenrighttheoryof' class='startofrange'><primary>creative property</primary><secondary><quote>if value, then right</quote> theory of</secondary></indexterm>
+<indexterm id='idxifvaluethenrighttheory' class='startofrange'><primary><quote>if value, then right</quote> theory</primary></indexterm>

 <para>
 This view runs deep within the current debates. It is what NYU law
 <para>
 This view runs deep within the current debates. It is what NYU law

-professor Rochelle Dreyfuss criticizes as the "if value, then right" 
+professor Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> 

 theory of creative property<footnote><para>
 <!-- f2 -->
 theory of creative property<footnote><para>
 <!-- f2 -->

-See Rochelle Dreyfuss, "Expressive Genericity: Trademarks as Language
-in the Pepsi Generation," <citetitle>Notre Dame Law Review</citetitle> 65 (1990): 397.
+See Rochelle Dreyfuss, <quote>Expressive Genericity: Trademarks as Language
+in the Pepsi Generation,</quote> <citetitle>Notre Dame Law Review</citetitle> 65 (1990): 397.

 </para></footnote>
 &mdash;if there is value, then someone must have a
 right to that value. It is the perspective that led a composers' rights 
 organization, ASCAP, to sue the Girl Scouts for failing to pay for the
 songs that girls sang around Girl Scout campfires.<footnote><para>
 <!-- f3 -->
 </para></footnote>
 &mdash;if there is value, then someone must have a
 right to that value. It is the perspective that led a composers' rights 
 organization, ASCAP, to sue the Girl Scouts for failing to pay for the
 songs that girls sang around Girl Scout campfires.<footnote><para>
 <!-- f3 -->

-Lisa Bannon, "The Birds May Sing, but Campers Can't Unless They Pay
-Up," <citetitle>Wall Street Journal</citetitle>, 21 August 1996, available at 
+Lisa Bannon, <quote>The Birds May Sing, but Campers Can't Unless They Pay
+Up,</quote> <citetitle>Wall Street Journal</citetitle>, 21 August 1996, available at 

 <ulink url="http://free-culture.cc/notes/">link #3</ulink>; Jonathan
 <ulink url="http://free-culture.cc/notes/">link #3</ulink>; Jonathan

-Zittrain, "Calling Off the Copyright War: In Battle of Property vs. Free
-Speech, No One Wins," <citetitle>Boston Globe</citetitle>, 24 November 2002.
+Zittrain, <quote>Calling Off the Copyright War: In Battle of Property vs. Free
+Speech, No One Wins,</quote> <citetitle>Boston Globe</citetitle>, 24 November 2002.

 <indexterm><primary>Zittrain, Jonathan</primary></indexterm>
 </para></footnote>
 <indexterm><primary>Zittrain, Jonathan</primary></indexterm>
 </para></footnote>

-There was "value" (the songs) so there must have been a
-"right"&mdash;even against the Girl Scouts.
+There was <quote>value</quote> (the songs) so there must have been a
+<quote>right</quote>&mdash;even against the Girl Scouts.

 </para>
 </para>

-<indexterm><primary>ASCAP</primary></indexterm>
+<indexterm startref='idxcreativepropertyifvaluethenrighttheoryof' class='endofrange'/>

 <para>
 This idea is certainly a possible understanding of how creative
 property should work. It might well be a possible design for a system
 <!-- PAGE BREAK 32 -->
 <para>
 This idea is certainly a possible understanding of how creative
 property should work. It might well be a possible design for a system
 <!-- PAGE BREAK 32 -->

-of law protecting creative property. But the "if value, then right"
+of law protecting creative property. But the <quote>if value, then right</quote>

 theory of creative property has never been America's theory of
 creative property.  It has never taken hold within our law.
 </para>
 theory of creative property has never been America's theory of
 creative property.  It has never taken hold within our law.
 </para>

+<indexterm startref='idxifvaluethenrighttheory' class='endofrange'/>
+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxcreativitylegalrestrictionson' class='startofrange'><primary>creativity</primary><secondary>legal restrictions on</secondary></indexterm>

 <para>
 Instead, in our tradition, intellectual property is an instrument. It
 sets the groundwork for a richly creative society but remains
 <para>
 Instead, in our tradition, intellectual property is an instrument. It
 sets the groundwork for a richly creative society but remains


@@ -1150,6 +1158,7 @@ work on the one hand and building upon or transforming that work on
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>

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

 <para>
 Before the technologies of the Internet, this conflation didn't matter
 all that much. The technologies of publishing were expensive; that
 <para>
 Before the technologies of the Internet, this conflation didn't matter
 all that much. The technologies of publishing were expensive; that


@@ -1158,13 +1167,15 @@ entities could bear the burden of the law&mdash;even the burden of the
 Byzantine complexity that copyright law has become. It was just one
 more expense of doing business.
 </para>
 Byzantine complexity that copyright law has become. It was just one
 more expense of doing business.
 </para>

+<indexterm><primary>copyright law</primary><secondary>creativity impeded by</secondary></indexterm>

 <indexterm><primary>Florida, Richard</primary></indexterm>
 <indexterm><primary>Florida, Richard</primary></indexterm>

+<indexterm><primary>Rise of the Creative Class, The (Florida)</primary></indexterm>

 <para>
 But with the birth of the Internet, this natural limit to the reach of
 the law has disappeared. The law controls not just the creativity of
 commercial creators but effectively that of anyone. Although that
 expansion would not matter much if copyright law regulated only
 <para>
 But with the birth of the Internet, this natural limit to the reach of
 the law has disappeared. The law controls not just the creativity of
 commercial creators but effectively that of anyone. Although that
 expansion would not matter much if copyright law regulated only

-"copying," when the law regulates as broadly and obscurely as it does,
+<quote>copying,</quote> when the law regulates as broadly and obscurely as it does,

 the extension matters a lot. The burden of this law now vastly
 outweighs any original benefit&mdash;certainly as it affects
 noncommercial creativity, and increasingly as it affects commercial
 the extension matters a lot. The burden of this law now vastly
 outweighs any original benefit&mdash;certainly as it affects
 noncommercial creativity, and increasingly as it affects commercial


@@ -1176,38 +1187,48 @@ commercial and noncommercial creativity, the law burdens this
 creativity with insanely complex and vague rules and with the threat
 of obscenely severe penalties. We may
 <!-- PAGE BREAK 33 -->
 creativity with insanely complex and vague rules and with the threat
 of obscenely severe penalties. We may
 <!-- PAGE BREAK 33 -->

-be seeing, as Richard Florida writes, the "Rise of the Creative Class."<footnote>
+be seeing, as Richard Florida writes, the <quote>Rise of the Creative
+Class.</quote><footnote>

 <para>
 <!-- f4 -->
 <para>
 <!-- f4 -->

-In <citetitle>The Rise of the Creative Class</citetitle> (New York: Basic Books, 2002),
-Richard Florida documents a shift in the nature of labor toward a
-labor of creativity.  His work, however, doesn't directly address the
-legal conditions under which that creativity is enabled or stifled. I
-certainly agree with him about the importance and significance of this
-change, but I also believe the conditions under which it will be
-enabled are much more tenuous.
+In <citetitle>The Rise of the Creative Class</citetitle> (New York:
+Basic Books, 2002), Richard Florida documents a shift in the nature of
+labor toward a labor of creativity.  His work, however, doesn't
+directly address the legal conditions under which that creativity is
+enabled or stifled. I certainly agree with him about the importance
+and significance of this change, but I also believe the conditions
+under which it will be enabled are much more tenuous.
+

 <indexterm><primary>Florida, Richard</primary></indexterm>
 <indexterm><primary>Florida, Richard</primary></indexterm>

+<indexterm><primary>Rise of the Creative Class, The (Florida)</primary></indexterm>

 </para></footnote>
 Unfortunately, we are also seeing an extraordinary rise of regulation of
 this creative class.
 </para>
 </para></footnote>
 Unfortunately, we are also seeing an extraordinary rise of regulation of
 this creative class.
 </para>

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

 <para>
 These burdens make no sense in our tradition. We should begin by
 understanding that tradition a bit more and by placing in their proper
 <para>
 These burdens make no sense in our tradition. We should begin by
 understanding that tradition a bit more and by placing in their proper

-context the current battles about behavior labeled "piracy."
+context the current battles about behavior labeled <quote>piracy.</quote>

 </para>
 </partintro>
 
 <!-- PAGE BREAK 34 -->
 </para>
 </partintro>
 
 <!-- PAGE BREAK 34 -->

-<chapter id="creators">
+<chapter label="1" id="creators">

 <title>CHAPTER ONE: Creators</title>
 <title>CHAPTER ONE: Creators</title>

+<indexterm id='idxanimatedcartoons' class='startofrange'><primary>animated cartoons</primary></indexterm>
+<indexterm id='idxcartoonfilms' class='startofrange'><primary>cartoon films</primary></indexterm>
+<indexterm id='idxfilmsanimated' class='startofrange'><primary>films</primary><secondary>animated</secondary></indexterm>
+<indexterm id='idxsteamboatwillie' class='startofrange'><primary>Steamboat Willie</primary></indexterm>
+<indexterm id='idxmickeymouse' class='startofrange'><primary>Mickey Mouse</primary></indexterm>

 <para>
 <para>

-In 1928, a cartoon character was born. An early Mickey Mouse
+<emphasis role="strong">In 1928</emphasis>, a cartoon character was born. An early Mickey Mouse

 made his debut in May of that year, in a silent flop called <citetitle>Plane Crazy</citetitle>.
 In November, in New York City's Colony Theater, in the first widely
 distributed cartoon synchronized with sound, <citetitle>Steamboat Willie</citetitle> brought
 to life the character that would become Mickey Mouse.
 </para>
 made his debut in May of that year, in a silent flop called <citetitle>Plane Crazy</citetitle>.
 In November, in New York City's Colony Theater, in the first widely
 distributed cartoon synchronized with sound, <citetitle>Steamboat Willie</citetitle> brought
 to life the character that would become Mickey Mouse.
 </para>

+<indexterm id='idxdisneywalt' class='startofrange'><primary>Disney, Walt</primary></indexterm>

 <para>
 Synchronized sound had been introduced to film a year earlier in the
 movie <citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy the
 <para>
 Synchronized sound had been introduced to film a year earlier in the
 movie <citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy the


@@ -1243,11 +1264,11 @@ Cartoons</citetitle> (New York: Penguin Books, 1987), 34&ndash;35.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm><primary>Iwerks, Ub</primary></indexterm>

 <para>
 Disney's then partner, and one of animation's most extraordinary
 <para>
 Disney's then partner, and one of animation's most extraordinary

-talents, Ub Iwerks, put it more strongly: "I have never been so thrilled
-in my life. Nothing since has ever equaled it."
-<indexterm><primary>Iwerks, Ub</primary></indexterm>
+talents, Ub Iwerks, put it more strongly: <quote>I have never been so thrilled
+in my life. Nothing since has ever equaled it.</quote>

 </para>
 <para>
 Disney had created something very new, based upon something relatively
 </para>
 <para>
 Disney had created something very new, based upon something relatively


@@ -1258,6 +1279,9 @@ Disney's invention that set the standard that others struggled to
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>

+<indexterm startref='idxdisneywalt' class='endofrange'/>
+<indexterm id='idxkeatonbuster' class='startofrange'><primary>Keaton, Buster</primary></indexterm>
+<indexterm id='idxsteamboatbilljr' class='startofrange'><primary>Steamboat Bill, Jr.</primary></indexterm>

 <para>
 This much is familiar. What you might not know is that 1928 also marks
 another important transition. In that year, a comic (as opposed to
 <para>
 This much is familiar. What you might not know is that 1928 also marks
 another important transition. In that year, a comic (as opposed to


@@ -1272,6 +1296,8 @@ Jr</citetitle>. was a classic of this form, famous among film buffs for its
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>

+<indexterm id='idxderivativeworkspiracyvs' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 <citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon Steamboat
 Willie.
 <para>
 <citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon Steamboat
 Willie.


@@ -1282,26 +1308,32 @@ direct cartoon parody of Steamboat Bill,<footnote><para>
 I am grateful to David Gerstein and his careful history, described at 
 <ulink url="http://free-culture.cc/notes/">link #4</ulink>.
 According to Dave Smith of the Disney Archives, Disney paid royalties to
 I am grateful to David Gerstein and his careful history, described at 
 <ulink url="http://free-culture.cc/notes/">link #4</ulink>.
 According to Dave Smith of the Disney Archives, Disney paid royalties to

-use the music for five songs in <citetitle>Steamboat Willie</citetitle>: "Steamboat Bill," "The
-Simpleton" (Delille), "Mischief Makers" (Carbonara), "Joyful Hurry No. 1"
-(Baron), and "Gawky Rube" (Lakay). A sixth song, "The Turkey in the
-Straw," was already in the public domain. Letter from David Smith to
+use the music for five songs in <citetitle>Steamboat Willie</citetitle>: <quote>Steamboat Bill,</quote> <quote>The
+Simpleton</quote> (Delille), <quote>Mischief Makers</quote> (Carbonara), <quote>Joyful Hurry No. 1</quote>
+(Baron), and <quote>Gawky Rube</quote> (Lakay). A sixth song, <quote>The Turkey in the
+Straw,</quote> was already in the public domain. Letter from David Smith to

 Harry Surden, 10 July 2003, on file with author.
 </para></footnote>
 and both are built upon a common song as a source. It is not just from
 the invention of synchronized sound in <citetitle>The Jazz Singer</citetitle> that we
 get <citetitle>Steamboat Willie</citetitle>. It is also from Buster Keaton's invention of
 Harry Surden, 10 July 2003, on file with author.
 </para></footnote>
 and both are built upon a common song as a source. It is not just from
 the invention of synchronized sound in <citetitle>The Jazz Singer</citetitle> that we
 get <citetitle>Steamboat Willie</citetitle>. It is also from Buster Keaton's invention of

-Steamboat Bill, Jr., itself inspired by the song "Steamboat Bill,"
+Steamboat Bill, Jr., itself inspired by the song <quote>Steamboat Bill,</quote>

 that we get Steamboat Willie, and then from Steamboat Willie, Mickey
 Mouse.
 </para>
 that we get Steamboat Willie, and then from Steamboat Willie, Mickey
 Mouse.
 </para>

+<indexterm startref='idxsteamboatwillie' class='endofrange'/>
+<indexterm startref='idxmickeymouse' class='endofrange'/>
+<indexterm startref='idxkeatonbuster' class='endofrange'/>
+<indexterm startref='idxsteamboatbilljr' class='endofrange'/>
+<indexterm id='idxcreativitybytransformingpreviousworks' class='startofrange'><primary>creativity</primary><secondary>by transforming previous works</secondary></indexterm>
+<indexterm id='idxdisneyinc' class='startofrange'><primary>Disney, Inc.</primary></indexterm>

 <para>
 <para>

-This "borrowing" was nothing unique, either for Disney or for the
+This <quote>borrowing</quote> was nothing unique, either for Disney or for the

 industry. Disney was always parroting the feature-length mainstream
 films of his day.<footnote><para>
 <!-- f3 -->
 industry. Disney was always parroting the feature-length mainstream
 films of his day.<footnote><para>
 <!-- f3 -->

-He was also a fan of the public domain. See Chris Sprigman, "The Mouse
-that Ate the Public Domain," Findlaw, 5 March 2002, at
+He was also a fan of the public domain. See Chris Sprigman, <quote>The Mouse
+that Ate the Public Domain,</quote> Findlaw, 5 March 2002, at

 <ulink url="http://free-culture.cc/notes/">link #5</ulink>.
 </para></footnote>
 So did many others. Early cartoons are filled with
 <ulink url="http://free-culture.cc/notes/">link #5</ulink>.
 </para></footnote>
 So did many others. Early cartoons are filled with


@@ -1314,6 +1346,7 @@ were built upon a base that was borrowed.  Disney added to the work of
 others before him, creating something new out of something just barely
 old.
 </para>
 others before him, creating something new out of something just barely
 old.
 </para>

+<indexterm id='idxgrimmfairytales' class='startofrange'><primary>Grimm fairy tales</primary></indexterm>

 <para>
 Sometimes this borrowing was slight. Sometimes it was significant.
 Think about the fairy tales of the Brothers Grimm. If you're as
 <para>
 Sometimes this borrowing was slight. Sometimes it was significant.
 Think about the fairy tales of the Brothers Grimm. If you're as


@@ -1345,15 +1378,22 @@ creativity from the culture around him, mixed that creativity with his
 own extraordinary talent, and then burned that mix into the soul of
 his culture. Rip, mix, and burn.
 </para>
 own extraordinary talent, and then burned that mix into the soul of
 his culture. Rip, mix, and burn.
 </para>

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

 <para>
 This is a kind of creativity. It is a creativity that we should
 remember and celebrate. There are some who would say that there is no
 creativity except this kind. We don't need to go that far to recognize
 <para>
 This is a kind of creativity. It is a creativity that we should
 remember and celebrate. There are some who would say that there is no
 creativity except this kind. We don't need to go that far to recognize

-its importance. We could call this "Disney creativity," though that
-would be a bit misleading. It is, more precisely, "Walt Disney
-creativity"&mdash;a form of expression and genius that builds upon the
+its importance. We could call this <quote>Disney creativity,</quote> though that
+would be a bit misleading. It is, more precisely, <quote>Walt Disney
+creativity</quote>&mdash;a form of expression and genius that builds upon the

 culture around us and makes it something different.
 </para>
 culture around us and makes it something different.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs' class='endofrange'/>
+<indexterm startref='idxcreativitybytransformingpreviousworks' class='endofrange'/>
+<indexterm id='idxcopyrightdurationof' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxpublicdomaindefined' class='startofrange'><primary>public domain</primary><secondary>defined</secondary></indexterm>
+<indexterm id='idxpublicdomaintraditionaltermforconversionto' class='startofrange'><primary>public domain</primary><secondary>traditional term for conversion to</secondary></indexterm>

 <para> In 1928, the culture that Disney was free to draw upon was
 relatively fresh. The public domain in 1928 was not very old and was
 therefore quite vibrant. The average term of copyright was just around
 <para> In 1928, the culture that Disney was free to draw upon was
 relatively fresh. The public domain in 1928 was not very old and was
 therefore quite vibrant. The average term of copyright was just around


@@ -1361,7 +1401,7 @@ thirty years&mdash;for that minority of creative work that was in fact
 copyrighted.<footnote><para>
 <!-- f4 -->
 Until 1976, copyright law granted an author the possibility of two terms: an
 copyrighted.<footnote><para>
 <!-- f4 -->
 Until 1976, copyright law granted an author the possibility of two terms: an

-initial term and a renewal term. I have calculated the "average" term by 
+initial term and a renewal term. I have calculated the <quote>average</quote> term by 

 determining
 the weighted average of total registrations for any particular year,
 and the proportion renewing. Thus, if 100 copyrights are registered in year
 determining
 the weighted average of total registrations for any particular year,
 and the proportion renewing. Thus, if 100 copyrights are registered in year


@@ -1372,19 +1412,21 @@ Web site associated with this book, available at
 <ulink url="http://free-culture.cc/notes/">link #6</ulink>.
 </para></footnote>
 That means that for thirty years, on average, the authors or
 <ulink url="http://free-culture.cc/notes/">link #6</ulink>.
 </para></footnote>
 That means that for thirty years, on average, the authors or

-copyright holders of a creative work had an "exclusive right" to control
+copyright holders of a creative work had an <quote>exclusive right</quote> to control

 certain uses of the work. To use this copyrighted work in limited ways
 required the permission of the copyright owner.
 </para>
 <para>
 At the end of a copyright term, a work passes into the public domain.
 No permission is then needed to draw upon or use that work. No
 certain uses of the work. To use this copyrighted work in limited ways
 required the permission of the copyright owner.
 </para>
 <para>
 At the end of a copyright term, a work passes into the public domain.
 No permission is then needed to draw upon or use that work. No

-permission and, hence, no lawyers. The public domain is a "lawyer-free
-zone." Thus, most of the content from the nineteenth century was free
+permission and, hence, no lawyers. The public domain is a <quote>lawyer-free
+zone.</quote> Thus, most of the content from the nineteenth century was free

 for Disney to use and build upon in 1928. It was free for
 anyone&mdash; whether connected or not, whether rich or not, whether
 approved or not&mdash;to use and build upon.
 </para>
 for Disney to use and build upon in 1928. It was free for
 anyone&mdash; whether connected or not, whether rich or not, whether
 approved or not&mdash;to use and build upon.
 </para>

+<indexterm startref='idxanimatedcartoons' class='endofrange'/>
+<indexterm startref='idxfilmsanimated' class='endofrange'/>

 <para>
 This is the ways things always were&mdash;until quite recently. For most
 of our history, the public domain was just over the horizon. From
 <para>
 This is the ways things always were&mdash;until quite recently. For most
 of our history, the public domain was just over the horizon. From


@@ -1398,12 +1440,23 @@ to now be free for the next Walt Disney to build upon without
 permission. Yet today, the public domain is presumptive only for
 content from before the Great Depression.
 </para>
 permission. Yet today, the public domain is presumptive only for
 content from before the Great Depression.
 </para>

+<indexterm startref='idxcartoonfilms' class='endofrange'/>
+<indexterm startref='idxdisneyinc' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof' class='endofrange'/>
+<indexterm startref='idxpublicdomaindefined' class='endofrange'/>
+<indexterm startref='idxpublicdomaintraditionaltermforconversionto' class='endofrange'/>
+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 <para>

-Of course, Walt Disney had no monopoly on "Walt Disney creativity."
+<emphasis role="strong">Of course</emphasis>, Walt Disney had no monopoly on <quote>Walt Disney creativity.</quote>

 Nor does America. The norm of free culture has, until recently, and
 except within totalitarian nations, been broadly exploited and quite
 universal.
 </para>
 Nor does America. The norm of free culture has, until recently, and
 except within totalitarian nations, been broadly exploited and quite
 universal.
 </para>

+<indexterm id='idxcomicsjapanese' class='startofrange'><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs2' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxjapanesecomics' class='startofrange'><primary>Japanese comics</primary></indexterm>
+<indexterm id='idxmanga' class='startofrange'><primary>manga</primary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs2' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 Consider, for example, a form of creativity that seems strange to many
 Americans but that is inescapable within Japanese culture: <citetitle>manga</citetitle>, or
 <para>
 Consider, for example, a form of creativity that seems strange to many
 Americans but that is inescapable within Japanese culture: <citetitle>manga</citetitle>, or


@@ -1417,8 +1470,8 @@ extraordinary system of public transportation.
 Americans tend to look down upon this form of culture. That's an
 unattractive characteristic of ours. We're likely to misunderstand
 much about manga, because few of us have ever read anything close to
 Americans tend to look down upon this form of culture. That's an
 unattractive characteristic of ours. We're likely to misunderstand
 much about manga, because few of us have ever read anything close to

-the stories that these "graphic novels" tell. For the Japanese, manga
-cover every aspect of social life. For us, comics are "men in tights."
+the stories that these <quote>graphic novels</quote> tell. For the Japanese, manga
+cover every aspect of social life. For us, comics are <quote>men in tights.</quote>

 And anyway, it's not as if the New York subways are filled with
 readers of Joyce or even Hemingway. People of different cultures
 distract themselves in different ways, the Japanese in this
 And anyway, it's not as if the New York subways are filled with
 readers of Joyce or even Hemingway. People of different cultures
 distract themselves in different ways, the Japanese in this


@@ -1429,6 +1482,8 @@ But my purpose here is not to understand manga. It is to describe a
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>

+<indexterm id='idxcreativitybytransformingpreviousworks2' class='startofrange'><primary>creativity</primary><secondary>by transforming previous works</secondary></indexterm>
+<indexterm id='idxdoujinshicomics' class='startofrange'><primary>doujinshi comics</primary></indexterm>

 <para>
 This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are also comics, but
 they are a kind of copycat comic. A rich ethic governs the creation of
 <para>
 This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are also comics, but
 they are a kind of copycat comic. A rich ethic governs the creation of


@@ -1439,14 +1494,15 @@ transforming it either subtly or
 significantly. A doujinshi comic can thus take a mainstream comic and
 develop it differently&mdash;with a different story line. Or the comic can
 keep the character in character but change its look slightly. There is no
 significantly. A doujinshi comic can thus take a mainstream comic and
 develop it differently&mdash;with a different story line. Or the comic can
 keep the character in character but change its look slightly. There is no

-formula for what makes the doujinshi sufficiently "different." But they
+formula for what makes the doujinshi sufficiently <quote>different.</quote> But they

 must be different if they are to be considered true doujinshi. Indeed,
 there are committees that review doujinshi for inclusion within shows
 and reject any copycat comic that is merely a copy.
 </para>
 must be different if they are to be considered true doujinshi. Indeed,
 there are committees that review doujinshi for inclusion within shows
 and reject any copycat comic that is merely a copy.
 </para>

+<indexterm id='idxdisneywalt2' class='startofrange'><primary>Disney, Walt</primary></indexterm>

 <para>
 These copycat comics are not a tiny part of the manga market. They are
 <para>
 These copycat comics are not a tiny part of the manga market. They are

-huge. More than 33,000 "circles" of creators from across Japan produce
+huge. More than 33,000 <quote>circles</quote> of creators from across Japan produce

 these bits of Walt Disney creativity. More than 450,000 Japanese come
 together twice a year, in the largest public gathering in the country,
 to exchange and sell them. This market exists in parallel to the
 these bits of Walt Disney creativity. More than 450,000 Japanese come
 together twice a year, in the largest public gathering in the country,
 to exchange and sell them. This market exists in parallel to the


@@ -1455,47 +1511,53 @@ competes with that market, but there is no sustained effort by those
 who control the commercial manga market to shut the doujinshi market
 down. It flourishes, despite the competition and despite the law.
 </para>
 who control the commercial manga market to shut the doujinshi market
 down. It flourishes, despite the competition and despite the law.
 </para>

+<indexterm id='idxcopyrightlawjapanese' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>Steamboat Bill, Jr.</primary></indexterm>

 <para>
 The most puzzling feature of the doujinshi market, for those trained
 in the law, at least, is that it is allowed to exist at all. Under
 Japanese copyright law, which in this respect (on paper) mirrors
 American copyright law, the doujinshi market is an illegal
 <para>
 The most puzzling feature of the doujinshi market, for those trained
 in the law, at least, is that it is allowed to exist at all. Under
 Japanese copyright law, which in this respect (on paper) mirrors
 American copyright law, the doujinshi market is an illegal

-one. Doujinshi are plainly "derivative works." There is no general
+one. Doujinshi are plainly <quote>derivative works.</quote> There is no general

 practice by doujinshi artists of securing the permission of the manga
 creators. Instead, the practice is simply to take and modify the
 creations of others, as Walt Disney did with <citetitle>Steamboat Bill,
 practice by doujinshi artists of securing the permission of the manga
 creators. Instead, the practice is simply to take and modify the
 creations of others, as Walt Disney did with <citetitle>Steamboat Bill,

-Jr</citetitle>. Under both Japanese and American law, that "taking" without
+Jr</citetitle>. Under both Japanese and American law, that <quote>taking</quote> without

 the permission of the original copyright owner is illegal. It is an
 infringement of the original copyright to make a copy or a derivative
 work without the original copyright owner's permission.
 </para>
 the permission of the original copyright owner is illegal. It is an
 infringement of the original copyright to make a copy or a derivative
 work without the original copyright owner's permission.
 </para>

-<indexterm id="idxwinickjudd" class='startofrange'>
-  <primary>Winick, Judd</primary>
-</indexterm>
+<indexterm startref='idxdisneywalt2' class='endofrange'/>
+<indexterm id='idxwinickjudd' class='startofrange'><primary>Winick, Judd</primary></indexterm>

 <para>
 Yet this illegal market exists and indeed flourishes in Japan, and in
 the view of many, it is precisely because it exists that Japanese manga
 <para>
 Yet this illegal market exists and indeed flourishes in Japan, and in
 the view of many, it is precisely because it exists that Japanese manga

-flourish. As American graphic novelist Judd Winick said to me, "The
+flourish. As American graphic novelist Judd Winick said to me, <quote>The

 early days of comics in America are very much like what's going on
 early days of comics in America are very much like what's going on

-in Japan now. . . . American  comics were born out of copying each
+in Japan now. &hellip; American  comics were born out of copying each

 <!-- PAGE BREAK 40 -->
 <!-- PAGE BREAK 40 -->

-other. . . . That's how [the artists] learn to draw&mdash;by going into comic
-books and not tracing them, but looking at them and copying them"
+other. &hellip; That's how [the artists] learn to draw &mdash; by going into comic
+books and not tracing them, but looking at them and copying them</quote>

 and building from them.<footnote><para>
 <!-- f5 -->
 For an excellent history, see Scott McCloud, <citetitle>Reinventing Comics</citetitle> (New
 York: Perennial, 2000).
 </para></footnote>
 </para>
 and building from them.<footnote><para>
 <!-- f5 -->
 For an excellent history, see Scott McCloud, <citetitle>Reinventing Comics</citetitle> (New
 York: Perennial, 2000).
 </para></footnote>
 </para>

+<indexterm startref='idxcopyrightlawjapanese' class='endofrange'/>
+<indexterm><primary>Superman comics</primary></indexterm>

 <para>
 American comics now are quite different, Winick explains, in part
 because of the legal difficulty of adapting comics the way doujinshi are
 <para>
 American comics now are quite different, Winick explains, in part
 because of the legal difficulty of adapting comics the way doujinshi are

-allowed. Speaking of Superman, Winick told me, "there are these rules
-and you have to stick to them." There are things Superman "cannot"
-do. "As a creator, it's frustrating having to stick to some parameters
-which are fifty years old."
+allowed. Speaking of Superman, Winick told me, <quote>there are these rules
+and you have to stick to them.</quote> There are things Superman <quote>cannot</quote>
+do. <quote>As a creator, it's frustrating having to stick to some parameters
+which are fifty years old.</quote>

 </para>
 </para>

-<indexterm startref="idxwinickjudd" class='endofrange'/>
+<indexterm startref='idxwinickjudd' class='endofrange'/>
+<indexterm id='idxcopyrightlawjapanese2' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxmehrasalil' class='startofrange'><primary>Mehra, Salil</primary></indexterm>

 <para>
 The norm in Japan mitigates this legal difficulty. Some say it is
 precisely the benefit accruing to the Japanese manga market that
 <para>
 The norm in Japan mitigates this legal difficulty. Some say it is
 precisely the benefit accruing to the Japanese manga market that


@@ -1505,16 +1567,19 @@ technical violations because they spur the manga market to be more
 wealthy and productive. Everyone would be worse off if doujinshi were
 banned, so the law does not ban doujinshi.<footnote><para>
 <!-- f6 -->
 wealthy and productive. Everyone would be worse off if doujinshi were
 banned, so the law does not ban doujinshi.<footnote><para>
 <!-- f6 -->

-See Salil K. Mehra, "Copyright and Comics in Japan: Does Law Explain
-Why All the Comics My Kid Watches Are Japanese Imports?" <citetitle>Rutgers Law
-Review</citetitle> 55 (2002): 155, 182. "[T]here might be a collective economic
+See Salil K. Mehra, <quote>Copyright and Comics in Japan: Does Law Explain
+Why All the Comics My Kid Watches Are Japanese Imports?</quote> <citetitle>Rutgers Law
+Review</citetitle> 55 (2002): 155, 182. <quote>[T]here might be a collective economic

 rationality that would lead manga and anime artists to forgo bringing
 legal actions for infringement. One hypothesis is that all manga
 artists may be better off collectively if they set aside their
 individual self-interest and decide not to press their legal
 rationality that would lead manga and anime artists to forgo bringing
 legal actions for infringement. One hypothesis is that all manga
 artists may be better off collectively if they set aside their
 individual self-interest and decide not to press their legal

-rights. This is essentially a prisoner's dilemma solved."
+rights. This is essentially a prisoner's dilemma solved.</quote>

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

+<indexterm startref='idxcomicsjapanese' class='endofrange'/>
+<indexterm startref='idxjapanesecomics' class='endofrange'/>
+<indexterm startref='idxmanga' class='endofrange'/>

 <para>
 The problem with this story, however, as Mehra plainly acknowledges,
 is that the mechanism producing this laissez faire response is not
 <para>
 The problem with this story, however, as Mehra plainly acknowledges,
 is that the mechanism producing this laissez faire response is not


@@ -1523,15 +1588,17 @@ doujinshi are permitted rather than banned, but that doesn't explain
 why individual copyright owners don't sue nonetheless. If the law has
 no general exception for doujinshi, and indeed in some cases
 individual manga artists have sued doujinshi artists, why is there not
 why individual copyright owners don't sue nonetheless. If the law has
 no general exception for doujinshi, and indeed in some cases
 individual manga artists have sued doujinshi artists, why is there not

-a more general pattern of blocking this "free taking" by the doujinshi
+a more general pattern of blocking this <quote>free taking</quote> by the doujinshi

 culture?
 </para>
 culture?
 </para>

+<indexterm startref='idxcopyrightlawjapanese2' class='endofrange'/>
+<indexterm startref='idxmehrasalil' class='endofrange'/>

 <para>
 I spent four wonderful months in Japan, and I asked this question
 as often as I could. Perhaps the best account in the end was offered by
 <para>
 I spent four wonderful months in Japan, and I asked this question
 as often as I could. Perhaps the best account in the end was offered by

-a friend from a major Japanese law firm. "We don't have enough
-lawyers," he told me one afternoon. There "just aren't enough resources
-to prosecute cases like this."
+a friend from a major Japanese law firm. <quote>We don't have enough
+lawyers,</quote> he told me one afternoon. There <quote>just aren't enough resources
+to prosecute cases like this.</quote>

 </para>
 <para>
 This is a theme to which we will return: that regulation by law is a
 </para>
 <para>
 This is a theme to which we will return: that regulation by law is a


@@ -1544,7 +1611,10 @@ Japanese gain something important if they could end this practice of
 uncompensated sharing? Does piracy here hurt the victims of the
 piracy, or does it help them? Would lawyers fighting this piracy help
 their clients or hurt them?
 uncompensated sharing? Does piracy here hurt the victims of the
 piracy, or does it help them? Would lawyers fighting this piracy help
 their clients or hurt them?

-Let's pause for a moment.
+</para>
+<indexterm startref='idxdoujinshicomics' class='endofrange'/>
+<para>
+<emphasis role='strong'>Let's pause</emphasis> for a moment.

 </para>
 <para>
 If you're like I was a decade ago, or like most people are when they
 </para>
 <para>
 If you're like I was a decade ago, or like most people are when they


@@ -1552,28 +1622,31 @@ first start thinking about these issues, then just about now you should
 be puzzled about something you hadn't thought through before.
 </para>
 <para>
 be puzzled about something you hadn't thought through before.
 </para>
 <para>

-We live in a world that celebrates "property." I am one of those
+We live in a world that celebrates <quote>property.</quote> I am one of those

 celebrants.  I believe in the value of property in general, and I also
 believe in the value of that weird form of property that lawyers call
 celebrants.  I believe in the value of property in general, and I also
 believe in the value of that weird form of property that lawyers call

-"intellectual property."<footnote><para>
+<quote>intellectual property.</quote><footnote><para>

 <!-- f7 -->
 <!-- f7 -->

+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 The term <citetitle>intellectual property</citetitle> is of relatively recent origin. See
 Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 11 (New York: New York
 University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of Ideas</citetitle>
 (New York: Random House, 2001), 293 n. 26. The term accurately
 The term <citetitle>intellectual property</citetitle> is of relatively recent origin. See
 Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 11 (New York: New York
 University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of Ideas</citetitle>
 (New York: Random House, 2001), 293 n. 26. The term accurately

-describes a set of "property" rights&mdash;copyright, patents,
-trademark, and trade-secret&mdash;but the nature of those rights is
+describes a set of <quote>property</quote> rights &mdash; copyright, patents,
+trademark, and trade-secret &mdash; but the nature of those rights is

 very different.
 very different.

-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 </para></footnote>
 A large, diverse society cannot survive without property; a large,
 diverse, and modern society cannot flourish without intellectual
 property.
 </para>
 </para></footnote>
 A large, diverse society cannot survive without property; a large,
 diverse, and modern society cannot flourish without intellectual
 property.
 </para>

+<indexterm id='idxdisneywalt3' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm id='idxgrimmfairytales2' class='startofrange'><primary>Grimm fairy tales</primary></indexterm>
+<indexterm><primary>Keaton, Buster</primary></indexterm>

 <para>
 But it takes just a second's reflection to realize that there is
 <para>
 But it takes just a second's reflection to realize that there is

-plenty of value out there that "property" doesn't capture. I don't
-mean "money can't buy you love," but rather, value that is plainly
+plenty of value out there that <quote>property</quote> doesn't capture. I don't
+mean <quote>money can't buy you love,</quote> but rather, value that is plainly

 part of a process of production, including commercial as well as
 noncommercial production.  If Disney animators had stolen a set of
 pencils to draw Steamboat Willie, we'd have no hesitation in
 part of a process of production, including commercial as well as
 noncommercial production.  If Disney animators had stolen a set of
 pencils to draw Steamboat Willie, we'd have no hesitation in


@@ -1581,10 +1654,11 @@ condemning that taking as wrong&mdash; even though trivial, even if
 unnoticed. Yet there was nothing wrong, at least under the law of the
 day, with Disney's taking from Buster Keaton or from the Brothers
 Grimm. There was nothing wrong with the taking from Keaton because
 unnoticed. Yet there was nothing wrong, at least under the law of the
 day, with Disney's taking from Buster Keaton or from the Brothers
 Grimm. There was nothing wrong with the taking from Keaton because

-Disney's use would have been considered "fair." There was nothing
+Disney's use would have been considered <quote>fair.</quote> There was nothing

 wrong with the taking from the Grimms because the Grimms' work was in
 the public domain.
 </para>
 wrong with the taking from the Grimms because the Grimms' work was in
 the public domain.
 </para>

+<indexterm id='idxfreeculturederivativeworksbasedon' class='startofrange'><primary>free culture</primary><secondary>derivative works based on</secondary></indexterm>

 <para>
 Thus, even though the things that Disney took&mdash;or more generally,
 the things taken by anyone exercising Walt Disney creativity&mdash;are
 <para>
 Thus, even though the things that Disney took&mdash;or more generally,
 the things taken by anyone exercising Walt Disney creativity&mdash;are


@@ -1594,6 +1668,12 @@ valuable, our tradition does not treat those takings as wrong. Some
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>

+<indexterm startref='idxgrimmfairytales2' class='endofrange'/>
+<indexterm id='idxcopyrightlawjapanese3' class='startofrange'><primary>copyright law</primary><secondary>Japanese</secondary></indexterm>
+<indexterm><primary>comics, Japanese</primary></indexterm>
+<indexterm id='idxdoujinshicomics2' class='startofrange'><primary>doujinshi comics</primary></indexterm>
+<indexterm id='idxjapanesecomics2' class='startofrange'><primary>Japanese comics</primary></indexterm>
+<indexterm id='idxmanga2' class='startofrange'><primary>manga</primary></indexterm>

 <para>
 The same with the doujinshi culture. If a doujinshi artist broke into
 a publisher's office and ran off with a thousand copies of his latest
 <para>
 The same with the doujinshi culture. If a doujinshi artist broke into
 a publisher's office and ran off with a thousand copies of his latest


@@ -1602,18 +1682,26 @@ saying the artist was wrong. In addition to having trespassed, he would
 have stolen something of value. The law bans that stealing in whatever
 form, whether large or small.
 </para>
 have stolen something of value. The law bans that stealing in whatever
 form, whether large or small.
 </para>

+<indexterm startref='idxcreativitybytransformingpreviousworks2' class='endofrange'/>

 <para>
 Yet there is an obvious reluctance, even among Japanese lawyers, to
 <para>
 Yet there is an obvious reluctance, even among Japanese lawyers, to

-say that the copycat comic artists are "stealing." This form of Walt
+say that the copycat comic artists are <quote>stealing.</quote> This form of Walt

 Disney creativity is seen as fair and right, even if lawyers in
 particular find it hard to say why.
 </para>
 Disney creativity is seen as fair and right, even if lawyers in
 particular find it hard to say why.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs2' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawjapanese3' class='endofrange'/>
+<indexterm startref='idxdoujinshicomics2' class='endofrange'/>
+<indexterm startref='idxjapanesecomics2' class='endofrange'/>
+<indexterm startref='idxmanga2' class='endofrange'/>
+<indexterm><primary>Shakespeare, William</primary></indexterm>

 <para>
 It's the same with a thousand examples that appear everywhere once you
 begin to look. Scientists build upon the work of other scientists
 <para>
 It's the same with a thousand examples that appear everywhere once you
 begin to look. Scientists build upon the work of other scientists

-without asking or paying for the privilege. ("Excuse me, Professor
+without asking or paying for the privilege. (<quote>Excuse me, Professor

 Einstein, but may I have permission to use your theory of relativity
 Einstein, but may I have permission to use your theory of relativity

-to show that you were wrong about quantum physics?") Acting companies
+to show that you were wrong about quantum physics?</quote>) Acting companies

 perform adaptations of the works of Shakespeare without securing
 permission from anyone. (Does <emphasis>anyone</emphasis> believe
 Shakespeare would be better spread within our culture if there were a
 perform adaptations of the works of Shakespeare without securing
 permission from anyone. (Does <emphasis>anyone</emphasis> believe
 Shakespeare would be better spread within our culture if there were a


@@ -1633,10 +1721,11 @@ every society has left a certain bit of its culture free for the taking&mdash;fr
 societies more fully than unfree, perhaps, but all societies to some degree.
 <!-- PAGE BREAK 43 -->
 </para>
 societies more fully than unfree, perhaps, but all societies to some degree.
 <!-- PAGE BREAK 43 -->
 </para>

+<indexterm startref='idxdisneywalt3' class='endofrange'/>

 <para>
 The hard question is therefore not <emphasis>whether</emphasis> a
 culture is free. All cultures are free to some degree. The hard
 <para>
 The hard question is therefore not <emphasis>whether</emphasis> a
 culture is free. All cultures are free to some degree. The hard

-question instead is "<emphasis>How</emphasis> free is this culture?"
+question instead is <quote><emphasis>How</emphasis> free is this culture?</quote>

 How much, and how broadly, is the culture free for others to take and
 build upon? Is that freedom limited to party members?  To members of
 the royal family? To the top ten corporations on the New York Stock
 How much, and how broadly, is the culture free for others to take and
 build upon? Is that freedom limited to party members?  To members of
 the royal family? To the top ten corporations on the New York Stock


@@ -1650,35 +1739,38 @@ Free cultures are cultures that leave a great deal open for others to
 build upon; unfree, or permission, cultures leave much less. Ours was a
 free culture. It is becoming much less so.
 </para>
 build upon; unfree, or permission, cultures leave much less. Ours was a
 free culture. It is becoming much less so.
 </para>

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

 
 <!-- PAGE BREAK 44 -->
 </chapter>
 
 <!-- PAGE BREAK 44 -->
 </chapter>

-<chapter id="mere-copyists">
-<title>CHAPTER TWO: "Mere Copyists"</title>
+<chapter label="2" id="mere-copyists">
+<title>CHAPTER TWO: <quote>Mere Copyists</quote></title>

 <indexterm><primary>Daguerre, Louis</primary></indexterm>
 <indexterm><primary>Daguerre, Louis</primary></indexterm>

+<indexterm id='idxcameratechnology' class='startofrange'><primary>camera technology</primary></indexterm>
+<indexterm id='idxphotography' class='startofrange'><primary>photography</primary></indexterm>

 <para>
 <para>

-In 1839, Louis Daguerre invented the first practical technology for
-producing what we would call "photographs." Appropriately enough, they
-were called "daguerreotypes." The process was complicated and
+<emphasis role='strong'>In 1839</emphasis>, Louis Daguerre invented
+the first practical technology for producing what we would call
+<quote>photographs.</quote> Appropriately enough, they were called
+<quote>daguerreotypes.</quote> The process was complicated and

 expensive, and the field was thus limited to professionals and a few
 zealous and wealthy amateurs. (There was even an American Daguerre
 Association that helped regulate the industry, as do all such
 associations, by keeping competition down so as to keep prices up.)
 </para>
 expensive, and the field was thus limited to professionals and a few
 zealous and wealthy amateurs. (There was even an American Daguerre
 Association that helped regulate the industry, as do all such
 associations, by keeping competition down so as to keep prices up.)
 </para>

+<indexterm><primary>Talbot, William</primary></indexterm>

 <para>
 Yet despite high prices, the demand for daguerreotypes was strong.
 This pushed inventors to find simpler and cheaper ways to make
 <para>
 Yet despite high prices, the demand for daguerreotypes was strong.
 This pushed inventors to find simpler and cheaper ways to make

-"automatic pictures." William Talbot soon discovered a process for
-making "negatives." But because the negatives were glass, and had to
+<quote>automatic pictures.</quote> William Talbot soon discovered a process for
+making <quote>negatives.</quote> But because the negatives were glass, and had to

 be kept wet, the process still remained expensive and cumbersome. In
 the 1870s, dry plates were developed, making it easier to separate the
 taking of a picture from its developing. These were still plates of
 glass, and thus it was still not a process within reach of most
 amateurs.
 </para>
 be kept wet, the process still remained expensive and cumbersome. In
 the 1870s, dry plates were developed, making it easier to separate the
 taking of a picture from its developing. These were still plates of
 glass, and thus it was still not a process within reach of most
 amateurs.
 </para>

-<indexterm id="idxeastmangeorge" class='startofrange'>
-  <primary>Eastman, George</primary>
-</indexterm>
+<indexterm id='idxeastmangeorge' class='startofrange'><primary>Eastman, George</primary></indexterm>

 <para>
 The technological change that made mass photography possible
 didn't happen until 1888, and was the creation of a single man. George
 <para>
 The technological change that made mass photography possible
 didn't happen until 1888, and was the creation of a single man. George


@@ -1691,11 +1783,13 @@ a developer, driving the costs of photography down substantially. By
 lowering the costs, Eastman expected he could dramatically broaden the
 population of photographers.
 </para>
 lowering the costs, Eastman expected he could dramatically broaden the
 population of photographers.
 </para>

+<indexterm id='idxkodakcameras' class='startofrange'><primary>Kodak cameras</primary></indexterm>
+<indexterm id='idxkodakprimertheeastman' class='startofrange'><primary>Kodak Primer, The (Eastman)</primary></indexterm>

 <para>
 Eastman developed flexible, emulsion-coated paper film and placed
 rolls of it in small, simple cameras: the Kodak. The device was
 <para>
 Eastman developed flexible, emulsion-coated paper film and placed
 rolls of it in small, simple cameras: the Kodak. The device was

-marketed on the basis of its simplicity. "You press the button and we
-do the rest."<footnote><para>
+marketed on the basis of its simplicity. <quote>You press the button and we
+do the rest.</quote><footnote><para>

 <!-- f1 -->
 Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: Johns Hopkins University Press, 1975), 112.
 </para></footnote> As he described in <citetitle>The Kodak Primer</citetitle>:
 <!-- f1 -->
 Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: Johns Hopkins University Press, 1975), 112.
 </para></footnote> As he described in <citetitle>The Kodak Primer</citetitle>:


@@ -1704,7 +1798,7 @@ Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: Johns
 <para>
 The principle of the Kodak system is the separation of the work that
 any person whomsoever can do in making a photograph, from the work
 <para>
 The principle of the Kodak system is the separation of the work that
 any person whomsoever can do in making a photograph, from the work

-that only an expert can do. . . . We furnish anybody, man, woman or
+that only an expert can do. &hellip; We furnish anybody, man, woman or

 child, who has sufficient intelligence to point a box straight and
 press a button, with an instrument which altogether removes from the
 practice of photography the necessity for exceptional facilities or,
 child, who has sufficient intelligence to point a box straight and
 press a button, with an instrument which altogether removes from the
 practice of photography the necessity for exceptional facilities or,


@@ -1713,12 +1807,13 @@ preliminary study, without a darkroom and without
 chemicals.<footnote>
 <para>
 <!-- f2 -->
 chemicals.<footnote>
 <para>
 <!-- f2 -->

+<indexterm><primary>Coe, Brian</primary></indexterm>

 Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: Taplinger Publishing,
 1977), 53.
 Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: Taplinger Publishing,
 1977), 53.

-<indexterm><primary>Coe, Brian</primary></indexterm>

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

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

 <para>
 For $25, anyone could make pictures. The camera came preloaded
 with film, and when it had been used, the camera was returned to an
 <para>
 For $25, anyone could make pictures. The camera came preloaded
 with film, and when it had been used, the camera was returned to an


@@ -1728,7 +1823,7 @@ improved. Roll film thus became the basis for the explosive growth of
 popular photography. Eastman's camera first went on sale in 1888; one
 year later, Kodak was printing more than six thousand negatives a day.
 From 1888 through 1909, while industrial production was rising by 4.7
 popular photography. Eastman's camera first went on sale in 1888; one
 year later, Kodak was printing more than six thousand negatives a day.
 From 1888 through 1909, while industrial production was rising by 4.7

-percent, photographic equipment and material sales increased by
+percent, photographic equipment and material sales increased by 11

 percent.<footnote><para>
 <!-- f3 -->
 Jenkins, 177.
 percent.<footnote><para>
 <!-- f3 -->
 Jenkins, 177.


@@ -1746,29 +1841,33 @@ The real significance of Eastman's invention, however, was not
 economic. It was social. Professional photography gave individuals a
 glimpse of places they would never otherwise see. Amateur photography
 gave them the ability to record their own lives in a way they had
 economic. It was social. Professional photography gave individuals a
 glimpse of places they would never otherwise see. Amateur photography
 gave them the ability to record their own lives in a way they had

-never been able to do before. As author Brian Coe notes, "For the
+never been able to do before. As author Brian Coe notes, <quote>For the

 first time the snapshot album provided the man on the street with a
 first time the snapshot album provided the man on the street with a

-permanent record of his family and its activities. . . . For the first
+permanent record of his family and its activities. &hellip; For the first

 time in history there exists an authentic visual record of the
 appearance and activities of the common man made without [literary]
 time in history there exists an authentic visual record of the
 appearance and activities of the common man made without [literary]

-interpretation or bias."<footnote><para>
+interpretation or bias.</quote><footnote><para>

 <!-- f5 -->
 Coe, 58.
 </para></footnote>
 </para>
 <!-- f5 -->
 Coe, 58.
 </para></footnote>
 </para>

+<indexterm><primary>democracy</primary><secondary>in technologies of expression</secondary></indexterm>
+<indexterm><primary>expression, technologies of</primary><secondary>democratic</secondary></indexterm>

 <para>
 In this way, the Kodak camera and film were technologies of
 expression.  The pencil or paintbrush was also a technology of
 expression, of course. But it took years of training before they could
 be deployed by amateurs in any useful or effective way. With the
 Kodak, expression was possible much sooner and more simply. The
 <para>
 In this way, the Kodak camera and film were technologies of
 expression.  The pencil or paintbrush was also a technology of
 expression, of course. But it took years of training before they could
 be deployed by amateurs in any useful or effective way. With the
 Kodak, expression was possible much sooner and more simply. The

-barrier to expression was lowered. Snobs would sneer at its "quality";
+barrier to expression was lowered. Snobs would sneer at its <quote>quality</quote>;

 professionals would discount it as irrelevant. But watch a child study
 how best to frame a picture and you get a sense of the experience of
 creativity that the Kodak enabled. Democratic tools gave ordinary
 people a way to express themselves more easily than any tools could
 have before.
 </para>
 professionals would discount it as irrelevant. But watch a child study
 how best to frame a picture and you get a sense of the experience of
 creativity that the Kodak enabled. Democratic tools gave ordinary
 people a way to express themselves more easily than any tools could
 have before.
 </para>

+<indexterm startref='idxkodakcameras' class='endofrange'/>
+<indexterm id='idxpermissionsphotographyexemptedfrom' class='startofrange'><primary>permissions</primary><secondary>photography exempted from</secondary></indexterm>

 <para>
 What was required for this technology to flourish? Obviously,
 Eastman's genius was an important part. But also important was the
 <para>
 What was required for this technology to flourish? Obviously,
 Eastman's genius was an important part. But also important was the


@@ -1786,9 +1885,12 @@ v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905);
 Dist. Ct. 1894).
 </para></footnote>
 </para>
 Dist. Ct. 1894).
 </para></footnote>
 </para>

+<indexterm startref='idxcameratechnology' class='endofrange'/>
+<indexterm id='idxdisneywalt4' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm id='idximagesownershipof' class='startofrange'><primary>images, ownership of</primary></indexterm>

 <para>
 The arguments in favor of requiring permission will sound surprisingly
 <para>
 The arguments in favor of requiring permission will sound surprisingly

-familiar. The photographer was "taking" something from the person or
+familiar. The photographer was <quote>taking</quote> something from the person or

 building whose photograph he shot&mdash;pirating something of
 value. Some even thought he was taking the target's soul. Just as
 Disney was not free to take the pencils that his animators used to
 building whose photograph he shot&mdash;pirating something of
 value. Some even thought he was taking the target's soul. Just as
 Disney was not free to take the pencils that his animators used to


@@ -1798,6 +1900,8 @@ Mickey, so, too, should these photographers not be free to take images
 that they thought valuable.
 </para>
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>
 that they thought valuable.
 </para>
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>

+<indexterm><primary>Steamboat Bill, Jr.</primary></indexterm>
+<indexterm id='idxcameratechnology2' class='startofrange'><primary>camera technology</primary></indexterm>

 <para>
 On the other side was an argument that should be familiar, as well.
 Sure, there may be something of value being used. But citizens should
 <para>
 On the other side was an argument that should be familiar, as well.
 Sure, there may be something of value being used. But citizens should


@@ -1806,7 +1910,7 @@ have the right to capture at least those images that stand in public view.
 the rule should be different for images from private spaces.<footnote>
 <para>
 <!-- f7 -->
 the rule should be different for images from private spaces.<footnote>
 <para>
 <!-- f7 -->

-Samuel D. Warren and Louis D. Brandeis, "The Right to Privacy,"
+Samuel D. Warren and Louis D. Brandeis, <quote>The Right to Privacy,</quote>

 <citetitle>Harvard Law Review</citetitle> 4 (1890): 193.
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>
 <indexterm><primary>Warren, Samuel D.</primary></indexterm>
 <citetitle>Harvard Law Review</citetitle> 4 (1890): 193.
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>
 <indexterm><primary>Warren, Samuel D.</primary></indexterm>


@@ -1815,6 +1919,7 @@ gets something for nothing. Just as Disney could take inspiration from
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>

+<indexterm startref='idxdisneywalt4' class='endofrange'/>

 <para>
 Fortunately for Mr. Eastman, and for photography in general, these
 early decisions went in favor of the pirates. In general, no
 <para>
 Fortunately for Mr. Eastman, and for photography in general, these
 early decisions went in favor of the pirates. In general, no


@@ -1826,13 +1931,15 @@ for commercial purposes have more restrictions than the rest of
 us. But in the ordinary case, the image can be captured without
 clearing the rights to do the capturing.<footnote><para>
 <!-- f8 -->
 us. But in the ordinary case, the image can be captured without
 clearing the rights to do the capturing.<footnote><para>
 <!-- f8 -->

-See Melville B. Nimmer, "The Right of Publicity," <citetitle>Law and Contemporary
-Problems</citetitle> 19 (1954): 203; William L. Prosser, "Privacy," <citetitle>California Law
+See Melville B. Nimmer, <quote>The Right of Publicity,</quote> <citetitle>Law and Contemporary
+Problems</citetitle> 19 (1954): 203; William L. Prosser, <quote>Privacy,</quote> <citetitle>California Law

 Review</citetitle> 48 (1960) 398&ndash;407; <citetitle>White</citetitle> v. <citetitle>Samsung Electronics America,
 Inc</citetitle>., 971 F.  2d 1395 (9th Cir. 1992), cert. denied, 508 U.S. 951
 (1993).
 </para></footnote>)
 </para>
 Review</citetitle> 48 (1960) 398&ndash;407; <citetitle>White</citetitle> v. <citetitle>Samsung Electronics America,
 Inc</citetitle>., 971 F.  2d 1395 (9th Cir. 1992), cert. denied, 508 U.S. 951
 (1993).
 </para></footnote>)
 </para>

+<indexterm><primary>Kodak cameras</primary></indexterm>
+<indexterm><primary>Napster</primary></indexterm>

 <para>
 We can only speculate about how photography would have developed had
 the law gone the other way. If the presumption had been against the
 <para>
 We can only speculate about how photography would have developed had
 the law gone the other way. If the presumption had been against the


@@ -1840,14 +1947,18 @@ photographer, then the photographer would have had to demonstrate
 permission. Perhaps Eastman Kodak would have had to demonstrate
 permission, too, before it developed the film upon which images were
 captured. After all, if permission were not granted, then Eastman
 permission. Perhaps Eastman Kodak would have had to demonstrate
 permission, too, before it developed the film upon which images were
 captured. After all, if permission were not granted, then Eastman

-Kodak would be benefiting from the "theft" committed by the
+Kodak would be benefiting from the <quote>theft</quote> committed by the

 photographer. Just as Napster benefited from the copyright
 infringements committed by Napster users, Kodak would be benefiting
 photographer. Just as Napster benefited from the copyright
 infringements committed by Napster users, Kodak would be benefiting

-from the "image-right" infringement of its photographers. We could
+from the <quote>image-right</quote> infringement of its photographers. We could

 imagine the law then requiring that some form of permission be
 demonstrated before a company developed pictures. We could imagine a
 system developing to demonstrate that permission.
 </para>
 imagine the law then requiring that some form of permission be
 demonstrated before a company developed pictures. We could imagine a
 system developing to demonstrate that permission.
 </para>

+<indexterm startref='idxcameratechnology2' class='endofrange'/>
+<indexterm id='idxcameratechnology3' class='startofrange'><primary>camera technology</primary></indexterm>
+<indexterm><primary>democracy</primary><secondary>in technologies of expression</secondary></indexterm>
+<indexterm><primary>expression, technologies of</primary><secondary>democratic</secondary></indexterm>

 <para>
 
 <!-- PAGE BREAK 48 -->
 <para>
 
 <!-- PAGE BREAK 48 -->


@@ -1861,63 +1972,79 @@ easily borne the burdens of the permission system. But the spread of
 photography to ordinary people would not have occurred. Nothing like
 that growth would have been realized. And certainly, nothing like that
 growth in a democratic technology of expression would have been
 photography to ordinary people would not have occurred. Nothing like
 that growth would have been realized. And certainly, nothing like that
 growth in a democratic technology of expression would have been

-realized.  If you drive through San Francisco's Presidio, you might
-see two gaudy yellow school buses painted over with colorful and
-striking images, and the logo "Just Think!" in place of the name of a
-school. But there's little that's "just" cerebral in the projects that
-these busses enable.  These buses are filled with technologies that
-teach kids to tinker with film. Not the film of Eastman. Not even the
-film of your VCR.  Rather the "film" of digital cameras. Just Think!
-is a project that enables kids to make films, as a way to understand
-and critique the filmed culture that they find all around them. Each
-year, these busses travel to more than thirty schools and enable three
-hundred to five hundred children to learn something about media by
-doing something with media.  By doing, they think. By tinkering, they
-learn.
-</para>
-<indexterm startref="idxeastmangeorge" class='endofrange'/>
+realized.
+</para>
+<indexterm startref='idxphotography' class='endofrange'/>
+<indexterm startref='idxeastmangeorge' class='endofrange'/>
+<indexterm startref='idxpermissionsphotographyexemptedfrom' class='endofrange'/>
+<indexterm startref='idximagesownershipof' class='endofrange'/>
+<indexterm><primary>digital cameras</primary></indexterm>
+<indexterm id='idxjustthink' class='startofrange'><primary>Just Think!</primary></indexterm>
+<para>
+<emphasis role='strong'>If you drive</emphasis> through San
+Francisco's Presidio, you might see two gaudy yellow school buses
+painted over with colorful and striking images, and the logo
+<quote>Just Think!</quote> in place of the name of a school. But
+there's little that's <quote>just</quote> cerebral in the projects
+that these busses enable.  These buses are filled with technologies
+that teach kids to tinker with film. Not the film of Eastman. Not even
+the film of your VCR.  Rather the <quote>film</quote> of digital
+cameras. Just Think!  is a project that enables kids to make films, as
+a way to understand and critique the filmed culture that they find all
+around them. Each year, these busses travel to more than thirty
+schools and enable three hundred to five hundred children to learn
+something about media by doing something with media.  By doing, they
+think. By tinkering, they learn.
+</para>
+<indexterm id='idxeducationinmedialiteracy' class='startofrange'><primary>education</primary><secondary>in media literacy</secondary></indexterm>
+<indexterm id='idxmedialiteracy' class='startofrange'><primary>media literacy</primary></indexterm>
+<indexterm id='idxexpressiontechnologiesofmedialiteracyand' class='startofrange'><primary>expression, technologies of</primary><secondary>media literacy and</secondary></indexterm>

 <para>
 These buses are not cheap, but the technology they carry is
 increasingly so. The cost of a high-quality digital video system has
 <para>
 These buses are not cheap, but the technology they carry is
 increasingly so. The cost of a high-quality digital video system has

-fallen dramatically.  As one analyst puts it, "Five years ago, a good
+fallen dramatically.  As one analyst puts it, <quote>Five years ago, a good

 real-time digital video editing system cost $25,000. Today you can get
 real-time digital video editing system cost $25,000. Today you can get

-professional quality for $595."<footnote><para>
+professional quality for $595.</quote><footnote><para>

 <!-- f9 -->
 <!-- f9 -->

-H. Edward Goldberg, "Essential Presentation Tools: Hardware and
-Software You Need to Create Digital Multimedia Presentations,"
+H. Edward Goldberg, <quote>Essential Presentation Tools: Hardware and
+Software You Need to Create Digital Multimedia Presentations,</quote>

 cadalyst, February 2002, available at
 <ulink url="http://free-culture.cc/notes/">link #7</ulink>.
 </para></footnote>
 These buses are filled with technology that would have cost hundreds
 of thousands just ten years ago. And it is now feasible to imagine not
 just buses like this, but classrooms across the country where kids are
 cadalyst, February 2002, available at
 <ulink url="http://free-culture.cc/notes/">link #7</ulink>.
 </para></footnote>
 These buses are filled with technology that would have cost hundreds
 of thousands just ten years ago. And it is now feasible to imagine not
 just buses like this, but classrooms across the country where kids are

-learning more and more of something teachers call "media literacy."
+learning more and more of something teachers call <quote>media literacy.</quote>

 </para>
 </para>

+<indexterm><primary>Yanofsky, Dave</primary></indexterm>

 <para>
 <!-- PAGE BREAK 49 -->
 <para>
 <!-- PAGE BREAK 49 -->

-"Media literacy," as Dave Yanofsky, the executive director of Just
-Think!, puts it, "is the ability . . . to understand, analyze, and
+<quote>Media literacy,</quote> as Dave Yanofsky, the executive director of Just
+Think!, puts it, <quote>is the ability &hellip; to understand, analyze, and

 deconstruct media images. Its aim is to make [kids] literate about the
 way media works, the way it's constructed, the way it's delivered, and
 deconstruct media images. Its aim is to make [kids] literate about the
 way media works, the way it's constructed, the way it's delivered, and

-the way people access it."
-<indexterm><primary>Yanofsky, Dave</primary></indexterm>
+the way people access it.</quote>

 </para>
 </para>

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

 <para>
 <para>

-This may seem like an odd way to think about "literacy." For most
+This may seem like an odd way to think about <quote>literacy.</quote> For most

 people, literacy is about reading and writing. Faulkner and Hemingway
 people, literacy is about reading and writing. Faulkner and Hemingway

-and noticing split infinitives are the things that "literate" people know
+and noticing split infinitives are the things that <quote>literate</quote> people know

 about.
 </para>
 about.
 </para>

+<indexterm><primary>advertising</primary></indexterm>
+<indexterm><primary>commercials</primary></indexterm>
+<indexterm><primary>television</primary><secondary>advertising on</secondary></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 
 commercials generally,<footnote><para>
 <!-- f10 -->
 Judith Van Evra, <citetitle>Television and Child Development</citetitle> (Hillsdale, N.J.:
 <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 
 commercials generally,<footnote><para>
 <!-- f10 -->
 Judith Van Evra, <citetitle>Television and Child Development</citetitle> (Hillsdale, N.J.:

-Lawrence Erlbaum Associates, 1990); "Findings on Family and TV
-Study," <citetitle>Denver Post</citetitle>, 25 May 1997, B6.
+Lawrence Erlbaum Associates, 1990); <quote>Findings on Family and TV
+Study,</quote> <citetitle>Denver Post</citetitle>, 25 May 1997, B6.

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

-it is increasingly important to understand the "grammar" of media. For
+it is increasingly important to understand the <quote>grammar</quote> of media. For

 just as there is a grammar for the written word, so, too, is there one
 for media. And just as kids learn how to write by writing lots of
 terrible prose, kids learn how to write media by constructing lots of
 just as there is a grammar for the written word, so, too, is there one
 for media. And just as kids learn how to write by writing lots of
 terrible prose, kids learn how to write media by constructing lots of


@@ -1933,6 +2060,7 @@ how difficult media is. Or more fundamentally, few of us have a sense
 of how media works, how it holds an audience or leads it through a
 story, how it triggers emotion or builds suspense.
 </para>
 of how media works, how it holds an audience or leads it through a
 story, how it triggers emotion or builds suspense.
 </para>

+<indexterm startref='idxcameratechnology3' class='endofrange'/>

 <para>
 It took filmmaking a generation before it could do these things well.
 But even then, the knowledge was in the filming, not in writing about
 <para>
 It took filmmaking a generation before it could do these things well.
 But even then, the knowledge was in the filming, not in writing about


@@ -1941,6 +2069,7 @@ from reading a book about it. One learns to write by writing and then
 reflecting upon what one has written. One learns to write with images
 by making them and then reflecting upon what one has created.
 </para>
 reflecting upon what one has written. One learns to write with images
 by making them and then reflecting upon what one has created.
 </para>

+<indexterm id='idxdaleyelizabeth' class='startofrange'><primary>Daley, Elizabeth</primary></indexterm>

 <indexterm><primary>Crichton, Michael</primary></indexterm>
 <para>
 This grammar has changed as media has changed. When it was just film,
 <indexterm><primary>Crichton, Michael</primary></indexterm>
 <para>
 This grammar has changed as media has changed. When it was just film,


@@ -1949,8 +2078,8 @@ California's Annenberg Center for Communication and dean of the
 
 <!-- PAGE BREAK 50 -->
 USC School of Cinema-Television, explained to me, the grammar was
 
 <!-- PAGE BREAK 50 -->
 USC School of Cinema-Television, explained to me, the grammar was

-about "the placement of objects, color, . . . rhythm, pacing, and
-texture."<footnote>
+about <quote>the placement of objects, color, &hellip; rhythm, pacing, and
+texture.</quote><footnote>

 <para>
 <!-- f11 -->
 Interview with Elizabeth Daley and Stephanie Barish, 13 December
 <para>
 <!-- f11 -->
 Interview with Elizabeth Daley and Stephanie Barish, 13 December


@@ -1959,7 +2088,7 @@ Interview with Elizabeth Daley and Stephanie Barish, 13 December
 <indexterm><primary>Daley, Elizabeth</primary></indexterm>
 </para></footnote>
 But as computers open up an interactive space where a story is
 <indexterm><primary>Daley, Elizabeth</primary></indexterm>
 </para></footnote>
 But as computers open up an interactive space where a story is

-"played" as well as experienced, that grammar changes. The simple
+<quote>played</quote> as well as experienced, that grammar changes. The simple

 control of narrative is lost, and so other techniques are necessary. Author
 Michael Crichton had mastered the narrative of science fiction.
 But when he tried to design a computer game based on one of his
 control of narrative is lost, and so other techniques are necessary. Author
 Michael Crichton had mastered the narrative of science fiction.
 But when he tried to design a computer game based on one of his


@@ -1967,9 +2096,9 @@ works, it was a new craft he had to learn. How to lead people through
 a game without their feeling they have been led was not obvious, even
 to a wildly successful author.<footnote><para>
 <!-- f12 -->
 a game without their feeling they have been led was not obvious, even
 to a wildly successful author.<footnote><para>
 <!-- f12 -->

-See Scott Steinberg, "Crichton Gets Medieval on PCs," E!online, 4 
+See Scott Steinberg, <quote>Crichton Gets Medieval on PCs,</quote> E!online, 4 

 November 2000, available at 
 November 2000, available at 

-<ulink url="http://free-culture.cc/notes/">link #8</ulink>; "Timeline," 22 November 2000, 
+<ulink url="http://free-culture.cc/notes/">link #8</ulink>; <quote>Timeline,</quote> 22 November 2000, 

 available at 
 <ulink url="http://free-culture.cc/notes/">link #9</ulink>.
 </para></footnote>
 available at 
 <ulink url="http://free-culture.cc/notes/">link #9</ulink>.
 </para></footnote>


@@ -1977,10 +2106,10 @@ available at
 <indexterm><primary>computer games</primary></indexterm>
 <para>
 This skill is precisely the craft a filmmaker learns. As Daley
 <indexterm><primary>computer games</primary></indexterm>
 <para>
 This skill is precisely the craft a filmmaker learns. As Daley

-describes, "people are very surprised about how they are led through a
+describes, <quote>people are very surprised about how they are led through a

 film. [I]t is perfectly constructed to keep you from seeing it, so you
 have no idea. If a filmmaker succeeds you do not know how you were
 film. [I]t is perfectly constructed to keep you from seeing it, so you
 have no idea. If a filmmaker succeeds you do not know how you were

-led." If you know you were led through a film, the film has failed.
+led.</quote> If you know you were led through a film, the film has failed.

 </para>
 <para>
 Yet the push for an expanded literacy&mdash;one that goes beyond text
 </para>
 <para>
 Yet the push for an expanded literacy&mdash;one that goes beyond text


@@ -1998,7 +2127,7 @@ being read-only.
 </para>
 </blockquote>
 <para>
 </para>
 </blockquote>
 <para>

-"Read-only." Passive recipients of culture produced elsewhere.
+<quote>Read-only.</quote> Passive recipients of culture produced elsewhere.

 Couch potatoes. Consumers. This is the world of media from the
 twentieth century.
 </para>
 Couch potatoes. Consumers. This is the world of media from the
 twentieth century.
 </para>


@@ -2009,20 +2138,20 @@ understanding the craft of writing. Or best, reading and understanding
 the tools that enable the writing to lead or mislead. The aim of any
 literacy,
 <!-- PAGE BREAK 51 -->
 the tools that enable the writing to lead or mislead. The aim of any
 literacy,
 <!-- PAGE BREAK 51 -->

-and this literacy in particular, is to "empower people to choose the
+and this literacy in particular, is to <quote>empower people to choose the

 appropriate language for what they need to create or
 appropriate language for what they need to create or

-express."<footnote>
+express.</quote><footnote>

 <para>
 <!-- f13 -->
 Interview with Daley and Barish.
 <indexterm><primary>Barish, Stephanie</primary></indexterm>
 <para>
 <!-- f13 -->
 Interview with Daley and Barish.
 <indexterm><primary>Barish, Stephanie</primary></indexterm>

-</para></footnote> It is to enable students "to communicate in the
-language of the twenty-first century."<footnote><para>
+</para></footnote> It is to enable students <quote>to communicate in the
+language of the twenty-first century.</quote><footnote><para>

 <!-- f14 -->
 Ibid.
 </para></footnote>
 </para>
 <!-- f14 -->
 Ibid.
 </para></footnote>
 </para>

-<indexterm><primary>Barish, Stephanie</primary></indexterm>
+<indexterm id='idxbarishstephanie' class='startofrange'><primary>Barish, Stephanie</primary></indexterm>

 <para>
 As with any language, this language comes more easily to some than to
 others. It doesn't necessarily come more easily to those who excel in
 <para>
 As with any language, this language comes more easily to some than to
 others. It doesn't necessarily come more easily to those who excel in


@@ -2035,38 +2164,41 @@ failure. But Daley and Barish ran a program that gave kids an
 opportunity to use film to express meaning about something the
 students know something about&mdash;gun violence.
 </para>
 opportunity to use film to express meaning about something the
 students know something about&mdash;gun violence.
 </para>

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

 <para>
 The class was held on Friday afternoons, and it created a relatively
 new problem for the school. While the challenge in most classes was
 getting the kids to come, the challenge in this class was keeping them
 <para>
 The class was held on Friday afternoons, and it created a relatively
 new problem for the school. While the challenge in most classes was
 getting the kids to come, the challenge in this class was keeping them

-away. The "kids were showing up at 6 A.M. and leaving at 5 at night,"
+away. The <quote>kids were showing up at 6 A.M. and leaving at 5 at night,</quote>

 said Barish. They were working harder than in any other class to do
 what education should be about&mdash;learning how to express themselves.
 </para>
 <para>
 said Barish. They were working harder than in any other class to do
 what education should be about&mdash;learning how to express themselves.
 </para>
 <para>

-Using whatever "free web stuff they could find," and relatively simple
-tools to enable the kids to mix "image, sound, and text," Barish said
+Using whatever <quote>free web stuff they could find,</quote> and relatively simple
+tools to enable the kids to mix <quote>image, sound, and text,</quote> Barish said

 this class produced a series of projects that showed something about
 gun violence that few would otherwise understand. This was an issue
 this class produced a series of projects that showed something about
 gun violence that few would otherwise understand. This was an issue

-close to the lives of these students. The project "gave them a tool
+close to the lives of these students. The project <quote>gave them a tool

 and empowered them to be able to both understand it and talk about
 and empowered them to be able to both understand it and talk about

-it," Barish explained. That tool succeeded in creating
+it,</quote> Barish explained. That tool succeeded in creating

 expression&mdash;far more successfully and powerfully than could have
 expression&mdash;far more successfully and powerfully than could have

-been created using only text. "If you had said to these students, `you
+been created using only text. <quote>If you had said to these students, `you

 have to do it in text,' they would've just thrown their hands up and
 have to do it in text,' they would've just thrown their hands up and

-gone and done something else," Barish described, in part, no doubt,
+gone and done something else,</quote> Barish described, in part, no doubt,

 because expressing themselves in text is not something these students
 can do well. Yet neither is text a form in which
 <emphasis>these</emphasis> ideas can be expressed well. The power of
 this message depended upon its connection to this form of expression.
 </para>
 because expressing themselves in text is not something these students
 can do well. Yet neither is text a form in which
 <emphasis>these</emphasis> ideas can be expressed well. The power of
 this message depended upon its connection to this form of expression.
 </para>

+<indexterm startref='idxbarishstephanie' class='endofrange'/>
+<indexterm id='idxdaleyelizabeth2' class='startofrange'><primary>Daley, Elizabeth</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 52 -->
 <para>
 
 <!-- PAGE BREAK 52 -->

-"But isn't education about teaching kids to write?" I asked. In part,
+<quote>But isn't education about teaching kids to write?</quote> I asked. In part,

 of course, it is. But why are we teaching kids to write? Education,
 of course, it is. But why are we teaching kids to write? Education,

-Daley explained, is about giving students a way of "constructing
-meaning."  To say that that means just writing is like saying teaching
+Daley explained, is about giving students a way of <quote>constructing
+meaning.</quote>  To say that that means just writing is like saying teaching

 writing is only about teaching kids how to spell. Text is one
 part&mdash;and increasingly, not the most powerful part&mdash;of
 constructing meaning. As Daley explained in the most moving part of
 writing is only about teaching kids how to spell. Text is one
 part&mdash;and increasingly, not the most powerful part&mdash;of
 constructing meaning. As Daley explained in the most moving part of


@@ -2080,23 +2212,24 @@ Because they can't. You know, you've got Johnny who can look at a
 video, he can play a video game, he can do graffiti all over your
 walls, he can take your car apart, and he can do all sorts of other
 things. He just can't read your text. So Johnny comes to school and
 video, he can play a video game, he can do graffiti all over your
 walls, he can take your car apart, and he can do all sorts of other
 things. He just can't read your text. So Johnny comes to school and

-you say, "Johnny, you're illiterate. Nothing you can do matters."
+you say, <quote>Johnny, you're illiterate. Nothing you can do matters.</quote>

 Well, Johnny then has two choices: He can dismiss you or he [can]
 dismiss himself. If his ego is healthy at all, he's going to dismiss
 Well, Johnny then has two choices: He can dismiss you or he [can]
 dismiss himself. If his ego is healthy at all, he's going to dismiss

-you. [But i]nstead, if you say, "Well, with all these things that you
+you. [But i]nstead, if you say, <quote>Well, with all these things that you

 can do, let's talk about this issue. Play for me music that you think
 reflects that, or show me images that you think reflect that, or draw
 can do, let's talk about this issue. Play for me music that you think
 reflects that, or show me images that you think reflect that, or draw

-for me something that reflects that." Not by giving a kid a video
-camera and . . . saying, "Let's go have fun with the video camera and
-make a little movie." But instead, really help you take these elements
+for me something that reflects that.</quote> Not by giving a kid a video
+camera and &hellip; saying, <quote>Let's go have fun with the video camera and
+make a little movie.</quote> But instead, really help you take these elements

 that you understand, that are your language, and construct meaning
 that you understand, that are your language, and construct meaning

-about the topic. . . .
+about the topic.&hellip;

 </para>
 </para>

+<indexterm><primary>Barish, Stephanie</primary></indexterm>

 <para>
 That empowers enormously. And then what happens, of
 course, is eventually, as it has happened in all these classes, they
 <para>
 That empowers enormously. And then what happens, of
 course, is eventually, as it has happened in all these classes, they

-bump up against the fact, "I need to explain this and I really need
-to write something." And as one of the teachers told Stephanie,
+bump up against the fact, <quote>I need to explain this and I really need
+to write something.</quote> And as one of the teachers told Stephanie,

 they would rewrite a paragraph 5, 6, 7, 8 times, till they got it right.
 </para>
 <para>
 they would rewrite a paragraph 5, 6, 7, 8 times, till they got it right.
 </para>
 <para>


@@ -2105,33 +2238,43 @@ needed to say something, as opposed to just jumping through
 your hoops. They actually needed to use a language that they
 <!-- PAGE BREAK 53 -->
 didn't speak very well. But they had come to understand that they
 your hoops. They actually needed to use a language that they
 <!-- PAGE BREAK 53 -->
 didn't speak very well. But they had come to understand that they

-had a lot of power with this language."
+had a lot of power with this language.

 </para>
 </para>

+<!-- FIXME removed a " from the end of the previous paragraph that did
+     not match with any start quote. -->

 </blockquote>
 </blockquote>

-<para>
-When two planes crashed into the World Trade Center, another into the
-Pentagon, and a fourth into a Pennsylvania field, all media around the
-world shifted to this news. Every moment of just about every day for
-that week, and for weeks after, television in particular, and media
-generally, retold the story of the events we had just witnessed. The
-telling was a retelling, because we had seen the events that were
-described. The genius of this awful act of terrorism was that the
-delayed second attack was perfectly timed to assure that the whole
-world would be watching.
+<indexterm startref='idxeducationinmedialiteracy' class='endofrange'/>
+<indexterm startref='idxmedialiteracy' class='endofrange'/>
+<indexterm startref='idxexpressiontechnologiesofmedialiteracyand' class='endofrange'/>
+<indexterm startref='idxdaleyelizabeth2' class='endofrange'/>
+<indexterm id='idxseptemberterroristattacksof' class='startofrange'><primary>September 11, 2001, terrorist attacks of</primary></indexterm>
+<indexterm><primary>World Trade Center</primary></indexterm>
+<indexterm id='idxnewscoverage' class='startofrange'><primary>news coverage</primary></indexterm>
+<para>
+<emphasis role='strong'>When two planes</emphasis> crashed into the
+World Trade Center, another into the Pentagon, and a fourth into a
+Pennsylvania field, all media around the world shifted to this
+news. Every moment of just about every day for that week, and for
+weeks after, television in particular, and media generally, retold the
+story of the events we had just witnessed. The telling was a
+retelling, because we had seen the events that were described. The
+genius of this awful act of terrorism was that the delayed second
+attack was perfectly timed to assure that the whole world would be
+watching.

 </para>
 <para>
 These retellings had an increasingly familiar feel. There was music
 scored for the intermissions, and fancy graphics that flashed across
 </para>
 <para>
 These retellings had an increasingly familiar feel. There was music
 scored for the intermissions, and fancy graphics that flashed across

-the screen. There was a formula to interviews. There was "balance,"
+the screen. There was a formula to interviews. There was <quote>balance,</quote>

 and seriousness. This was news choreographed in the way we have
 and seriousness. This was news choreographed in the way we have

-increasingly come to expect it, "news as entertainment," even if the
+increasingly come to expect it, <quote>news as entertainment,</quote> even if the

 entertainment is tragedy.
 </para>
 <indexterm><primary>ABC</primary></indexterm>
 <indexterm><primary>CBS</primary></indexterm>
 <para>
 entertainment is tragedy.
 </para>
 <indexterm><primary>ABC</primary></indexterm>
 <indexterm><primary>CBS</primary></indexterm>
 <para>

-But in addition to this produced news about the "tragedy of September
-11," those of us tied to the Internet came to see a very different
+But in addition to this produced news about the <quote>tragedy of September
+11,</quote> those of us tied to the Internet came to see a very different

 production as well. The Internet was filled with accounts of the same
 events. Yet these Internet accounts had a very different flavor. Some
 people constructed photo pages that captured images from around the
 production as well. The Internet was filled with accounts of the same
 events. Yet these Internet accounts had a very different flavor. Some
 people constructed photo pages that captured images from around the


@@ -2143,6 +2286,7 @@ the term in his book <citetitle>Cyber Rights</citetitle>, around a news event th
 captured the attention of the world. There was ABC and CBS, but there
 was also the Internet.
 </para>
 captured the attention of the world. There was ABC and CBS, but there
 was also the Internet.
 </para>

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

 <para>
 I don't mean simply to praise the Internet&mdash;though I do think the
 people who supported this form of speech should be praised. I mean
 <para>
 I don't mean simply to praise the Internet&mdash;though I do think the
 people who supported this form of speech should be praised. I mean


@@ -2150,7 +2294,7 @@ instead to point to a significance in this form of speech. For like a
 Kodak, the Internet enables people to capture images. And like in a
 movie
 <!-- PAGE BREAK 54 -->
 Kodak, the Internet enables people to capture images. And like in a
 movie
 <!-- PAGE BREAK 54 -->

-by a student on the "Just Think!" bus, the visual images could be mixed
+by a student on the <quote>Just Think!</quote> bus, the visual images could be mixed

 with sound or text.
 </para>
 <para>
 with sound or text.
 </para>
 <para>


@@ -2162,6 +2306,10 @@ and obviously not just that events are commented upon critically, but
 that this mix of captured images, sound, and commentary can be widely
 spread practically instantaneously.
 </para>
 that this mix of captured images, sound, and commentary can be widely
 spread practically instantaneously.
 </para>

+<indexterm><primary>September 11, 2001, terrorist attacks of</primary></indexterm>
+<indexterm id='idxblogsweblogs' class='startofrange'><primary>blogs (Web-logs)</primary></indexterm>
+<indexterm id='idxinternetblogson' class='startofrange'><primary>Internet</primary><secondary>blogs on</secondary></indexterm>
+<indexterm id='idxweblogsblogs' class='startofrange'><primary>Web-logs (blogs)</primary></indexterm>

 <para>
 September 11 was not an aberration. It was a beginning. Around the
 same time, a form of communication that has grown dramatically was
 <para>
 September 11 was not an aberration. It was a beginning. Around the
 same time, a form of communication that has grown dramatically was


@@ -2171,6 +2319,8 @@ such as in Japan, it functions very much like a diary. In those
 cultures, it records private facts in a public way&mdash;it's a kind
 of electronic <citetitle>Jerry Springer</citetitle>, available anywhere in the world.
 </para>
 cultures, it records private facts in a public way&mdash;it's a kind
 of electronic <citetitle>Jerry Springer</citetitle>, available anywhere in the world.
 </para>

+<indexterm><primary>political discourse</primary></indexterm>
+<indexterm id='idxinternetpublicdiscourseconductedon' class='startofrange'><primary>Internet</primary><secondary>public discourse conducted on</secondary></indexterm>

 <para>
 But in the United States, blogs have taken on a very different
 character.  There are some who use the space simply to talk about
 <para>
 But in the United States, blogs have taken on a very different
 character.  There are some who use the space simply to talk about


@@ -2185,6 +2335,9 @@ are relatively short; they point directly to words used by others,
 criticizing with or adding to them.  They are arguably the most
 important form of unchoreographed public discourse that we have.
 </para>
 criticizing with or adding to them.  They are arguably the most
 important form of unchoreographed public discourse that we have.
 </para>

+<indexterm id='idxdemocracyintechnologiesofexpression' class='startofrange'><primary>democracy</primary><secondary>in technologies of expression</secondary></indexterm>
+<indexterm id='idxelections' class='startofrange'><primary>elections</primary></indexterm>
+<indexterm id='idxexpressiontechnologiesofdemocratic' class='startofrange'><primary>expression, technologies of</primary><secondary>democratic</secondary></indexterm>

 <para>
 That's a strong statement. Yet it says as much about our democracy as
 it does about blogs. This is the part of America that is most
 <para>
 That's a strong statement. Yet it says as much about our democracy as
 it does about blogs. This is the part of America that is most


@@ -2196,19 +2349,25 @@ people vote
 in those elections. The cycle of these elections has become totally
 professionalized and routinized. Most of us think this is democracy.
 </para>
 in those elections. The cycle of these elections has become totally
 professionalized and routinized. Most of us think this is democracy.
 </para>

+<indexterm startref='idxblogsweblogs' class='endofrange'/>
+<indexterm startref='idxinternetblogson' class='endofrange'/>
+<indexterm startref='idxweblogsblogs' class='endofrange'/>
+<indexterm><primary>Tocqueville, Alexis de</primary></indexterm>
+<indexterm id='idxdemocracypublicdiscoursein' class='startofrange'><primary>democracy</primary><secondary>public discourse in</secondary></indexterm>
+<indexterm><primary>jury system</primary></indexterm>

 <para>
 But democracy has never just been about elections. Democracy
 means rule by the people, but rule means something more than mere
 elections. In our tradition, it also means control through reasoned
 discourse.  This was the idea that captured the imagination of Alexis
 de Tocqueville, the nineteenth-century French lawyer who wrote the
 <para>
 But democracy has never just been about elections. Democracy
 means rule by the people, but rule means something more than mere
 elections. In our tradition, it also means control through reasoned
 discourse.  This was the idea that captured the imagination of Alexis
 de Tocqueville, the nineteenth-century French lawyer who wrote the

-most important account of early "Democracy in America." It wasn't
+most important account of early <quote>Democracy in America.</quote> It wasn't

 popular elections that fascinated him&mdash;it was the jury, an
 institution that gave ordinary people the right to choose life or
 death for other citizens.  And most fascinating for him was that the
 jury didn't just vote about the outcome they would impose. They
 popular elections that fascinated him&mdash;it was the jury, an
 institution that gave ordinary people the right to choose life or
 death for other citizens.  And most fascinating for him was that the
 jury didn't just vote about the outcome they would impose. They

-deliberated. Members argued about the "right" result; they tried to
-persuade each other of the "right" result, and in criminal cases at
+deliberated. Members argued about the <quote>right</quote> result; they tried to
+persuade each other of the <quote>right</quote> result, and in criminal cases at

 least, they had to agree upon a unanimous result for the process to
 come to an end.<footnote><para>
 <!-- f15 -->
 least, they had to agree upon a unanimous result for the process to
 come to an end.<footnote><para>
 <!-- f15 -->


@@ -2216,18 +2375,20 @@ See, for example, Alexis de Tocqueville, <citetitle>Democracy in America</citeti
 bk. 1, trans.  Henry Reeve (New York: Bantam Books, 2000), ch. 16.
 </para></footnote>
 </para>
 bk. 1, trans.  Henry Reeve (New York: Bantam Books, 2000), ch. 16.
 </para></footnote>
 </para>

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

 <para>
 Yet even this institution flags in American life today. And in its
 place, there is no systematic effort to enable citizen deliberation. Some
 are pushing to create just such an institution.<footnote><para>
 <!-- f16 -->
 <para>
 Yet even this institution flags in American life today. And in its
 place, there is no systematic effort to enable citizen deliberation. Some
 are pushing to create just such an institution.<footnote><para>
 <!-- f16 -->

-Bruce Ackerman and James Fishkin, "Deliberation Day," <citetitle>Journal of
+Bruce Ackerman and James Fishkin, <quote>Deliberation Day,</quote> <citetitle>Journal of

 Political Philosophy</citetitle> 10 (2) (2002): 129.
 </para></footnote>
 And in some towns in New England, something close to deliberation
 remains. But for most of us for most of the time, there is no time or
 Political Philosophy</citetitle> 10 (2) (2002): 129.
 </para></footnote>
 And in some towns in New England, something close to deliberation
 remains. But for most of us for most of the time, there is no time or

-place for "democratic deliberation" to occur.
+place for <quote>democratic deliberation</quote> to occur.

 </para>
 </para>

+<indexterm id='idxpoliticaldiscourse' class='startofrange'><primary>political discourse</primary></indexterm>

 <para>
 More bizarrely, there is generally not even permission for it to
 occur.  We, the most powerful democracy in the world, have developed a
 <para>
 More bizarrely, there is generally not even permission for it to
 occur.  We, the most powerful democracy in the world, have developed a


@@ -2241,6 +2402,13 @@ Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton Univers
 </para></footnote> We say what our friends want to hear, and hear very
 little beyond what our friends say.
 </para>
 </para></footnote> We say what our friends want to hear, and hear very
 little beyond what our friends say.
 </para>

+<indexterm id='idxblogsweblogs2' class='startofrange'><primary>blogs (Web-logs)</primary></indexterm>
+<indexterm><primary>e-mail</primary></indexterm>
+<indexterm id='idxinternetblogson2' class='startofrange'><primary>Internet</primary><secondary>blogs on</secondary></indexterm>
+<indexterm id='idxweblogsblogs2' class='startofrange'><primary>Web-logs (blogs)</primary></indexterm>
+<indexterm startref='idxdemocracyintechnologiesofexpression' class='endofrange'/>
+<indexterm startref='idxexpressiontechnologiesofdemocratic' class='endofrange'/>
+<indexterm startref='idxdemocracypublicdiscoursein' class='endofrange'/>

 <para>
 Enter the blog. The blog's very architecture solves one part of this
 problem. People post when they want to post, and people read when they
 <para>
 Enter the blog. The blog's very architecture solves one part of this
 problem. People post when they want to post, and people read when they


@@ -2260,30 +2428,34 @@ the left. Some of the most popular sites are conservative or libertarian,
 but there are many of all political stripes. And even blogs that are not
 political cover political issues when the occasion merits.
 </para>
 but there are many of all political stripes. And even blogs that are not
 political cover political issues when the occasion merits.
 </para>

+<indexterm><primary>Dean, Howard</primary></indexterm>

 <para>
 The significance of these blogs is tiny now, though not so tiny. The
 name Howard Dean may well have faded from the 2004 presidential race
 but for blogs. Yet even if the number of readers is small, the reading
 is having an effect.
 <para>
 The significance of these blogs is tiny now, though not so tiny. The
 name Howard Dean may well have faded from the 2004 presidential race
 but for blogs. Yet even if the number of readers is small, the reading
 is having an effect.

-<indexterm><primary>Dean, Howard</primary></indexterm>

 </para>
 </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

-"misspoke" at a party for Senator Strom Thurmond, essentially praising
+<quote>misspoke</quote> at a party for Senator Strom Thurmond, essentially praising

 Thurmond's segregationist policies, he calculated correctly that this
 story would disappear from the mainstream press within forty-eight
 hours. It did. But he didn't calculate its life cycle in blog
 space. The bloggers kept researching the story. Over time, more and
 Thurmond's segregationist policies, he calculated correctly that this
 story would disappear from the mainstream press within forty-eight
 hours. It did. But he didn't calculate its life cycle in blog
 space. The bloggers kept researching the story. Over time, more and

-more instances of the same "misspeaking" emerged. Finally, the story
+more instances of the same <quote>misspeaking</quote> emerged. Finally, the story

 broke back into the mainstream press. In the end, Lott was forced to
 resign as senate majority leader.<footnote><para>
 <!-- f18 -->
 broke back into the mainstream press. In the end, Lott was forced to
 resign as senate majority leader.<footnote><para>
 <!-- f18 -->

-Noah Shachtman, "With Incessant Postings, a Pundit Stirs the Pot," New
+Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the Pot,</quote> New

 York Times, 16 January 2003, G5.
 </para></footnote>
 York Times, 16 January 2003, G5.
 </para></footnote>

-<indexterm><primary>Lott, Trent</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxmediacommercialimperativesof' class='startofrange'><primary>media</primary><secondary>commercial imperatives of</secondary></indexterm>

 <para>
 This different cycle is possible because the same commercial pressures
 don't exist with blogs as with other ventures. Television and
 <para>
 This different cycle is possible because the same commercial pressures
 don't exist with blogs as with other ventures. Television and


@@ -2291,6 +2463,8 @@ 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
 can focus, they can get serious. If a particular blogger writes a
 <para>
 But bloggers don't have a similar constraint. They can obsess, they
 can focus, they can get serious. If a particular blogger writes a


@@ -2300,21 +2474,24 @@ rises in the ranks of stories. People read what is popular; what is
 popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>
 popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>

-<indexterm id="idxwinerdave" class='startofrange'>
-  <primary>Winer, Dave</primary>
-</indexterm>
+<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
 <!-- PAGE BREAK 57 -->
 from the mainstream press. As Dave Winer, one of the fathers of this
 movement and a software author for many decades, told me, another
 <para>
 There's a second way, as well, in which blogs have a different cycle
 <!-- PAGE BREAK 57 -->
 from the mainstream press. As Dave Winer, one of the fathers of this
 movement and a software author for many decades, told me, another

-difference is the absence of a financial "conflict of interest." "I think you
-have to take the conflict of interest" out of journalism, Winer told me.
-"An amateur journalist simply doesn't have a conflict of interest, or the
+difference is the absence of a financial <quote>conflict of interest.</quote> <quote>I think you
+have to take the conflict of interest</quote> out of journalism, Winer told me.
+<quote>An amateur journalist simply doesn't have a conflict of interest, or the

 conflict of interest is so easily disclosed that you know you can sort of
 conflict of interest is so easily disclosed that you know you can sort of

-get it out of the way."
+get it out of the way.</quote>

 </para>
 <indexterm><primary>CNN</primary></indexterm>
 </para>
 <indexterm><primary>CNN</primary></indexterm>

+<indexterm><primary>media</primary><secondary>commercial imperatives of</secondary></indexterm>
+<indexterm><primary>Iraq war</primary></indexterm>
+<indexterm><primary>media</primary><secondary>ownership concentration in</secondary></indexterm>

 <para>
 These conflicts become more important as media becomes more
 concentrated (more on this below). A concentrated media can hide more
 <para>
 These conflicts become more important as media becomes more
 concentrated (more on this below). A concentrated media can hide more


@@ -2330,57 +2507,63 @@ that time listening to a satellite uplink with a reporter in Iraq. The
 New York headquarters was telling the reporter over and over that her
 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
 New York headquarters was telling the reporter over and over that her
 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 <emphasis>that</emphasis> they were writing "the story.")
-</para>
-<para> Blog space gives amateurs a way to enter the
-debate&mdash;"amateur" 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>
+told her that <emphasis>they</emphasis> were writing <quote>the story.</quote>)
+</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 -->
 <!-- f20 -->

-John Schwartz, "Loss of the Shuttle: The Internet; A Wealth of
-Information Online," <citetitle>New York Times</citetitle>, 2 February 2003, A28; Staci
-D. Kramer, "Shuttle Disaster Coverage Mixed, but Strong Overall,"
+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
+D. Kramer, <quote>Shuttle Disaster Coverage Mixed, but Strong Overall,</quote>

 Online Journalism Review, 2 February 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #10</ulink>.
 </para></footnote>
 And it drives readers to read across the range of accounts and
 Online Journalism Review, 2 February 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #10</ulink>.
 </para></footnote>
 And it drives readers to read across the range of accounts and

-"triangulate," as Winer puts it, the truth. Blogs, Winer says, are
-"communicating directly with our constituency, and the middle man is
-out of it"&mdash;with all the benefits, and costs, that might entail.
+<quote>triangulate,</quote> as Winer puts it, the truth. Blogs, Winer says, are
+<quote>communicating directly with our constituency, and the middle man is
+out of it</quote>&mdash;with all the benefits, and costs, that might entail.

 </para>
 <para>
 Winer is optimistic about the future of journalism infected
 </para>
 <para>
 Winer is optimistic about the future of journalism infected

-with blogs. "It's going to become an essential skill," Winer predicts,
+with blogs. <quote>It's going to become an essential skill,</quote> Winer predicts,

 for public figures and increasingly for private figures as well. It's
 for public figures and increasingly for private figures as well. It's

-not clear that "journalism" is happy about this&mdash;some journalists
+not clear that <quote>journalism</quote> is happy about this&mdash;some journalists

 have been told to curtail their blogging.<footnote>
 <para>
 <!-- f21 -->
 have been told to curtail their blogging.<footnote>
 <para>
 <!-- f21 -->

-See Michael Falcone, "Does an Editor's Pencil Ruin a Web Log?" <citetitle>New
-York Times</citetitle>, 29 September 2003, C4. ("Not all news organizations have
+<indexterm><primary>CNN</primary></indexterm>
+<indexterm><primary>Iraq war</primary></indexterm>
+<indexterm><primary>Olafson, Steve</primary></indexterm>
+<indexterm><primary>blogs (Web-logs)</primary></indexterm>
+See Michael Falcone, <quote>Does an Editor's Pencil Ruin a Web Log?</quote> <citetitle>New
+York Times</citetitle>, 29 September 2003, C4. (<quote>Not all news organizations have

 been as accepting of employees who blog. Kevin Sites, a CNN
 correspondent in Iraq who started a blog about his reporting of the
 war on March 9, stopped posting 12 days later at his bosses'
 request. Last year Steve Olafson, a <citetitle>Houston Chronicle</citetitle> reporter, was
 fired for keeping a personal Web log, published under a pseudonym,
 been as accepting of employees who blog. Kevin Sites, a CNN
 correspondent in Iraq who started a blog about his reporting of the
 war on March 9, stopped posting 12 days later at his bosses'
 request. Last year Steve Olafson, a <citetitle>Houston Chronicle</citetitle> reporter, was
 fired for keeping a personal Web log, published under a pseudonym,

-that dealt with some of the issues and people he was covering.")
-<indexterm><primary>CNN</primary></indexterm>
+that dealt with some of the issues and people he was covering.</quote>)

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

-But it is clear that we are still in transition. "A
+But it is clear that we are still in transition. <quote>A

 
 <!-- PAGE BREAK 58 -->
 
 <!-- PAGE BREAK 58 -->

-lot of what we are doing now is warm-up exercises," Winer told me.
+lot of what we are doing now is warm-up exercises,</quote> Winer told me.

 There is a lot that must mature before this space has its mature effect.
 And as the inclusion of content in this space is the least infringing use
 There is a lot that must mature before this space has its mature effect.
 And as the inclusion of content in this space is the least infringing use

-of the Internet (meaning infringing on copyright), Winer said, "we will
-be the last thing that gets shut down."
+of the Internet (meaning infringing on copyright), Winer said, <quote>we will
+be the last thing that gets shut down.</quote>

 </para>
 </para>

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

 <para>
 <para>

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

 That is true. But it affects democracy in another way as well.  As
 more and more citizens express what they think, and defend it in
 writing, that will change the way people understand public issues. It
 That is true. But it affects democracy in another way as well.  As
 more and more citizens express what they think, and defend it in
 writing, that will change the way people understand public issues. It


@@ -2393,14 +2576,20 @@ Today there are probably a couple of million blogs where such writing
 happens. When there are ten million, there will be something
 extraordinary to report.
 </para>
 happens. When there are ten million, there will be something
 extraordinary to report.
 </para>

-<indexterm startref="idxwinerdave" class='endofrange'/>
-<indexterm id="idxbrownjohnseely" class='startofrange'>
-  <primary>Brown, John Seely</primary>
-</indexterm>
+<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 id='idxbrownjohnseely' class='startofrange'><primary>Brown, John Seely</primary></indexterm>
+<indexterm id='idxadvertising1' class='startofrange'><primary>advertising</primary></indexterm>

 <para>
 <para>

-John Seely Brown is the chief scientist of the Xerox Corporation.
-His work, as his Web site describes it, is "human learning and . . . the
-creation of knowledge ecologies for creating . . . innovation."
+<emphasis role='strong'>John Seely Brown</emphasis> is the chief
+scientist of the Xerox Corporation.  His work, as his Web site
+describes it, is <quote>human learning and &hellip; the creation of
+knowledge ecologies for creating &hellip; innovation.</quote>

 </para>
 <para>
 Brown thus looks at these technologies of digital creativity a bit
 </para>
 <para>
 Brown thus looks at these technologies of digital creativity a bit


@@ -2410,16 +2599,16 @@ democracy. But his real excitement comes from how these technologies
 affect learning.
 </para>
 <para>
 affect learning.
 </para>
 <para>

-As Brown believes, we learn by tinkering. When "a lot of us grew up,"
-he explains, that tinkering was done "on motorcycle engines, lawnmower
-engines, automobiles, radios, and so on." But digital technologies
+As Brown believes, we learn by tinkering. When <quote>a lot of us grew up,</quote>
+he explains, that tinkering was done <quote>on motorcycle engines, lawnmower
+engines, automobiles, radios, and so on.</quote> But digital technologies

 enable a different kind of tinkering&mdash;with abstract ideas though
 in concrete form. The kids at Just Think! not only think about how a
 commercial portrays a politician; using digital technology, they can
 <!-- PAGE BREAK 59 -->
 take the commercial apart and manipulate it, tinker with it to see how
 it does what it does. Digital technologies launch a kind of bricolage,
 enable a different kind of tinkering&mdash;with abstract ideas though
 in concrete form. The kids at Just Think! not only think about how a
 commercial portrays a politician; using digital technology, they can
 <!-- PAGE BREAK 59 -->
 take the commercial apart and manipulate it, tinker with it to see how
 it does what it does. Digital technologies launch a kind of bricolage,

-or "free collage," as Brown calls it. Many get to add to or transform
+or <quote>free collage,</quote> as Brown calls it. Many get to add to or transform

 the tinkering of many others.
 </para>
 <para>
 the tinkering of many others.
 </para>
 <para>


@@ -2430,33 +2619,34 @@ FS/OSS program run. And anyone eager to learn how a particular bit of
 FS/OSS technology works can tinker with the code.
 </para>
 <para>
 FS/OSS technology works can tinker with the code.
 </para>
 <para>

-This opportunity creates a "completely new kind of learning platform,"
-as Brown describes. "As soon as you start doing that, you . . .
+This opportunity creates a <quote>completely new kind of learning platform,</quote>
+as Brown describes. <quote>As soon as you start doing that, you &hellip;

 unleash a free collage on the community, so that other people can
 start looking at your code, tinkering with it, trying it out, seeing
 unleash a free collage on the community, so that other people can
 start looking at your code, tinkering with it, trying it out, seeing

-if they can improve it." Each effort is a kind of
-apprenticeship. "Open source becomes a major apprenticeship platform."
+if they can improve it.</quote> Each effort is a kind of
+apprenticeship. <quote>Open source becomes a major apprenticeship platform.</quote>

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

-In this process, "the concrete things you tinker with are abstract.
-They are code." Kids are "shifting to the ability to tinker in the
+In this process, <quote>the concrete things you tinker with are abstract.
+They are code.</quote> Kids are <quote>shifting to the ability to tinker in the

 abstract, and this tinkering is no longer an isolated activity that
 you're doing in your garage. You are tinkering with a community
 abstract, and this tinkering is no longer an isolated activity that
 you're doing in your garage. You are tinkering with a community

-platform. . . .  You are tinkering with other people's stuff. The more
-you tinker the more you improve." The more you improve, the more you
+platform. &hellip;  You are tinkering with other people's stuff. The more
+you tinker the more you improve.</quote> The more you improve, the more you

 learn.
 </para>
 <para>
 This same thing happens with content, too. And it happens in the same
 collaborative way when that content is part of the Web. As Brown puts
 learn.
 </para>
 <para>
 This same thing happens with content, too. And it happens in the same
 collaborative way when that content is part of the Web. As Brown puts

-it, "the Web [is] the first medium that truly honors multiple forms of
-intelligence." Earlier technologies, such as the typewriter or word
+it, <quote>the Web [is] the first medium that truly honors multiple forms of
+intelligence.</quote> Earlier technologies, such as the typewriter or word

 processors, helped amplify text. But the Web amplifies much more than
 processors, helped amplify text. But the Web amplifies much more than

-text. "The Web . . . says if you are musical, if you are artistic, if
-you are visual, if you are interested in film . . . [then] there is a
+text. <quote>The Web &hellip; says if you are musical, if you are artistic, if
+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
 lot you can start to do on this medium. [It] can now amplify and honor

-these multiple forms of intelligence."
+these multiple forms of intelligence.</quote>

 </para>
 </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


@@ -2478,30 +2668,31 @@ freedom that technology, and curiosity, would otherwise ensure.
 <para>
 These restrictions have become the focus of researchers and scholars.
 Professor Ed Felten of Princeton (whom we'll see more of in chapter
 <para>
 These restrictions have become the focus of researchers and scholars.
 Professor Ed Felten of Princeton (whom we'll see more of in chapter

-10) has developed a powerful argument in favor of the "right to
-tinker" as it applies to computer science and to knowledge in
+<xref xrefstyle="select: labelnumber" linkend="property-i"/>)
+has developed a powerful argument in favor of the <quote>right to
+tinker</quote> as it applies to computer science and to knowledge in

 general.<footnote><para>
 <!-- f22 -->
 general.<footnote><para>
 <!-- f22 -->

-See, for example, Edward Felten and Andrew Appel, "Technological Access
-Control Interferes with Noninfringing Scholarship," <citetitle>Communications
+See, for example, Edward Felten and Andrew Appel, <quote>Technological Access
+Control Interferes with Noninfringing Scholarship,</quote> <citetitle>Communications

 of the Association for Computer Machinery</citetitle> 43 (2000): 9.
 </para></footnote>
 But Brown's concern is earlier, or younger, or more fundamental. It is
 about the learning that kids can do, or can't do, because of the law.
 </para>
 <para>
 of the Association for Computer Machinery</citetitle> 43 (2000): 9.
 </para></footnote>
 But Brown's concern is earlier, or younger, or more fundamental. It is
 about the learning that kids can do, or can't do, because of the law.
 </para>
 <para>

-"This is where education in the twenty-first century is going," Brown
-explains. We need to "understand how kids who grow up digital think
-and want to learn."
+<quote>This is where education in the twenty-first century is going,</quote> Brown
+explains. We need to <quote>understand how kids who grow up digital think
+and want to learn.</quote>

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

-"Yet," as Brown continued, and as the balance of this book will
-evince, "we are building a legal system that completely suppresses the
-natural tendencies of today's digital kids. . . . We're building an
+<quote>Yet,</quote> as Brown continued, and as the balance of this book will
+evince, <quote>we are building a legal system that completely suppresses the
+natural tendencies of today's digital kids. &hellip; We're building an

 architecture that unleashes 60 percent of the brain [and] a legal
 architecture that unleashes 60 percent of the brain [and] a legal

-system that closes down that part of the brain."
+system that closes down that part of the brain.</quote>

 </para>
 </para>

-<indexterm startref="idxbrownjohnseely" class='endofrange'/>
+<indexterm startref='idxbrownjohnseely' class='endofrange'/>

 <para>
 We're building a technology that takes the magic of Kodak, mixes
 moving images and sound, and adds a space for commentary and an
 <para>
 We're building a technology that takes the magic of Kodak, mixes
 moving images and sound, and adds a space for commentary and an


@@ -2509,19 +2700,28 @@ opportunity to spread that creativity everywhere. But we're building
 the law to close down that technology.
 </para>
 <para>
 the law to close down that technology.
 </para>
 <para>

-"No way to run a culture," as Brewster Kahle, whom we'll meet in
-chapter 9, quipped to me in a rare moment of despondence.
+<quote>No way to run a culture,</quote> as Brewster Kahle, whom we'll meet in
+chapter <xref xrefstyle="select: labelnumber" linkend="collectors"/>,
+quipped to me in a rare moment of despondence.

 </para>
 <!-- PAGE BREAK 61 -->
 </chapter>
 </para>
 <!-- PAGE BREAK 61 -->
 </chapter>

-<chapter id="catalogs">
+<chapter label="3" id="catalogs">

 <title>CHAPTER THREE: Catalogs</title>
 <title>CHAPTER THREE: Catalogs</title>

-<para>
-In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as
-a freshman at Rensselaer Polytechnic Institute, in Troy, New York.
-His major at RPI was information technology. Though he is not a
-programmer, in October Jesse decided to begin to tinker with search
-engine technology that was available on the RPI network.
+<indexterm><primary>Jordan, Jesse</primary></indexterm>
+<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='idxrensselaerpolytechnicinstituterpicomputernetworksearchengineof' class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary><secondary>computer network search engine of</secondary></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
+Polytechnic Institute, in Troy, New York.  His major at RPI was
+information technology. Though he is not a programmer, in October
+Jesse decided to begin to tinker with search engine technology that
+was available on the RPI network.

 </para>
 <para>
 RPI is one of America's foremost technological research institutions.
 </para>
 <para>
 RPI is one of America's foremost technological research institutions.


@@ -2538,18 +2738,22 @@ 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 -->
 brought the Internet much closer to all of us by fantastically
 improving the quality of search on the network. Specialty search
 <para>
 Search engines are a measure of a network's intimacy. Google
 <!-- PAGE BREAK 62 -->
 brought the Internet much closer to all of us by fantastically
 improving the quality of search on the network. Specialty search

-engines can do this even better. The idea of "intranet" search
+engines can do this even better. The idea of <quote>intranet</quote> search

 engines, search engines that search within the network of a particular
 institution, is to provide users of that institution with better
 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>
 engines, search engines that search within the network of a particular
 institution, is to provide users of that institution with better
 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>

+<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


@@ -2559,6 +2763,7 @@ 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


@@ -2571,6 +2776,7 @@ 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


@@ -2578,6 +2784,7 @@ 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


@@ -2587,6 +2794,8 @@ 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


@@ -2602,6 +2811,11 @@ this experiment. He was a kid tinkering with technology in an
 environment where tinkering with technology was precisely what he was
 supposed to do.
 </para>
 environment where tinkering with technology was precisely what he was
 supposed to do.
 </para>

+<indexterm id='idxcopyrightinfringementlawsuitsinrecordingindustry' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>in recording industry</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitsagainststudentfilesharing' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>against student file sharing</secondary></indexterm>
+<indexterm id='idxrecordingindustrycopyrightinfringementlawsuitsof' class='startofrange'><primary>recording industry</primary><secondary>copyright infringement lawsuits of</secondary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaacopyrightinfringementlawsuitsfiledby' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>copyright infringement lawsuits filed by</secondary></indexterm>
+<indexterm startref='idxrensselaerpolytechnicinstituterpicomputernetworksearchengineof' class='endofrange'/>

 <para>
 On April 3, 2003, Jesse was contacted by the dean of students at
 RPI. The dean informed Jesse that the Recording Industry Association
 <para>
 On April 3, 2003, Jesse was contacted by the dean of students at
 RPI. The dean informed Jesse that the Recording Industry Association


@@ -2612,35 +2826,43 @@ the suit.  As he read these papers and watched the news reports about
 them, he was increasingly astonished.
 </para>
 <para>
 them, he was increasingly astonished.
 </para>
 <para>

-"It was absurd," he told me. "I don't think I did anything
-wrong. . . .  I don't think there's anything wrong with the search
-engine that I ran or . . . what I had done to it. I mean, I hadn't
+<quote>It was absurd,</quote> he told me. <quote>I don't think I did anything
+wrong. &hellip;  I don't think there's anything wrong with the search
+engine that I ran or &hellip; what I had done to it. I mean, I hadn't

 modified it in any way that promoted or enhanced the work of
 pirates. I just modified the search engine in a way that would make it
 modified it in any way that promoted or enhanced the work of
 pirates. I just modified the search engine in a way that would make it

-easier to use"&mdash;again, a <emphasis>search engine</emphasis>,
+easier to use</quote>&mdash;again, a <emphasis>search engine</emphasis>,

 which Jesse had not himself built, using the Windows filesharing
 system, which Jesse had not himself built, to enable members of the
 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>
 which Jesse had not himself built, using the Windows filesharing
 system, which Jesse had not himself built, to enable members of the
 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>

+<indexterm startref='idxsearchengines' class='endofrange'/>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>statutory damages of</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitsindividualdefendantsintimidatedby' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>individual defendants intimidated by</secondary></indexterm>
+<indexterm><primary>statutory damages</primary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaaintimidationtacticsof' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>intimidation tactics of</secondary></indexterm>

 <para>
 But the RIAA branded Jesse a pirate. They claimed he operated a
 <para>
 But the RIAA branded Jesse a pirate. They claimed he operated a

-network and had therefore "willfully" violated copyright laws. They
+network and had therefore <quote>willfully</quote> violated copyright laws. They

 <!-- PAGE BREAK 64 -->
 demanded that he pay them the damages for his wrong. For cases of
 <!-- PAGE BREAK 64 -->
 demanded that he pay them the damages for his wrong. For cases of

-"willful infringement," the Copyright Act specifies something lawyers
-call "statutory damages." These damages permit a copyright owner to
+<quote>willful infringement,</quote> the Copyright Act specifies something lawyers
+call <quote>statutory damages.</quote> These damages permit a copyright owner to

 claim $150,000 per infringement. As the RIAA alleged more than one
 hundred specific copyright infringements, they therefore demanded that
 Jesse pay them at least $15,000,000.
 </para>
 claim $150,000 per infringement. As the RIAA alleged more than one
 hundred specific copyright infringements, they therefore demanded that
 Jesse pay them at least $15,000,000.
 </para>

+<indexterm><primary>Michigan Technical University</primary></indexterm>
+<indexterm><primary>Princeton University</primary></indexterm>

 <para>
 Similar lawsuits were brought against three other students: one other
 student at RPI, one at Michigan Technical University, and one at
 Princeton. Their situations were similar to Jesse's. Though each case
 was different in detail, the bottom line in each was exactly the same:
 <para>
 Similar lawsuits were brought against three other students: one other
 student at RPI, one at Michigan Technical University, and one at
 Princeton. Their situations were similar to Jesse's. Though each case
 was different in detail, the bottom line in each was exactly the same:

-huge demands for "damages" that the RIAA claimed it was entitled to.
+huge demands for <quote>damages</quote> that the RIAA claimed it was entitled to.

 If you added up the claims, these four lawsuits were asking courts in
 the United States to award the plaintiffs close to $100
 <emphasis>billion</emphasis>&mdash;six times the
 If you added up the claims, these four lawsuits were asking courts in
 the United States to award the plaintiffs close to $100
 <emphasis>billion</emphasis>&mdash;six times the


@@ -2648,11 +2870,12 @@ the United States to award the plaintiffs close to $100
 2001.<footnote><para>
 
 <!-- f1 -->
 2001.<footnote><para>
 
 <!-- f1 -->

-Tim Goral, "Recording Industry Goes After Campus P-2-P Networks:
-Suit Alleges $97.8 Billion in Damages," <citetitle>Professional Media Group LCC</citetitle> 6
+Tim Goral, <quote>Recording Industry Goes After Campus P-2-P Networks:
+Suit Alleges $97.8 Billion in Damages,</quote> <citetitle>Professional Media Group LCC</citetitle> 6

 (2003): 5, available at 2003 WL 55179443.
 </para></footnote>
 </para>
 (2003): 5, available at 2003 WL 55179443.
 </para></footnote>
 </para>

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

 <para>
 Jesse called his parents. They were supportive but a bit frightened.
 An uncle was a lawyer. He began negotiations with the RIAA. They
 <para>
 Jesse called his parents. They were supportive but a bit frightened.
 An uncle was a lawyer. He began negotiations with the RIAA. They


@@ -2660,6 +2883,7 @@ 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


@@ -2667,10 +2891,11 @@ essentially make it impossible for him to work in many fields of
 technology for the rest of his life. He refused. They made him
 understand that this process of being sued was not going to be
 pleasant. (As Jesse's father recounted to me, the chief lawyer on the
 technology for the rest of his life. He refused. They made him
 understand that this process of being sued was not going to be
 pleasant. (As Jesse's father recounted to me, the chief lawyer on the

-case, Matt Oppenheimer, told Jesse, "You don't want to pay another
-visit to a dentist like me.") And throughout, the RIAA insisted it
+case, Matt Oppenheimer, told Jesse, <quote>You don't want to pay another
+visit to a dentist like me.</quote>) And throughout, the RIAA insisted it

 would not settle the case until it took every penny Jesse had saved.
 </para>
 would not settle the case until it took every penny Jesse had saved.
 </para>

+<indexterm><primary>legal system, attorney costs in</primary></indexterm>

 <para>
 Jesse's family was outraged at these claims. They wanted to fight.
 But Jesse's uncle worked to educate the family about the nature of the
 <para>
 Jesse's family was outraged at these claims. They wanted to fight.
 But Jesse's uncle worked to educate the family about the nature of the


@@ -2685,6 +2910,9 @@ 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>
+<indexterm><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm><primary>Recording Industry Association of America (RIAA)</primary><secondary>lobbying power of</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.


@@ -2702,10 +2930,12 @@ There are plenty of ways for the RIAA to affect
 and direct policy. So where is the morality in taking money from a 
 student for running a search engine?<footnote><para>
 <!-- f3 -->
 and direct policy. So where is the morality in taking money from a 
 student for running a search engine?<footnote><para>
 <!-- f3 -->

-Douglas Lichtman makes a related point in "KaZaA and Punishment,"
+Douglas Lichtman makes a related point in <quote>KaZaA and Punishment,</quote>

 <citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24.
 </para></footnote>
 </para>
 <citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24.
 </para></footnote>
 </para>

+<indexterm startref='idxcopyrightinfringementlawsuitsindividualdefendantsintimidatedby' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaaintimidationtacticsof' class='endofrange'/>

 <para>
 On June 23, Jesse wired his savings to the lawyer working for the
 RIAA. The case against him was then dismissed. And with this, this
 <para>
 On June 23, Jesse wired his savings to the lawyer working for the
 RIAA. The case against him was then dismissed. And with this, this


@@ -2715,44 +2945,55 @@ activist:
 <blockquote>
 <para>
 I was definitely not an activist [before]. I never really meant to be
 <blockquote>
 <para>
 I was definitely not an activist [before]. I never really meant to be

-an activist. . . . [But] I've been pushed into this. In no way did I
+an activist. &hellip; [But] I've been pushed into this. In no way did I

 ever foresee anything like this, but I think it's just completely 
 absurd what the RIAA has done.
 </para>
 </blockquote>
 <para>
 Jesse's parents betray a certain pride in their reluctant activist. As
 ever foresee anything like this, but I think it's just completely 
 absurd what the RIAA has done.
 </para>
 </blockquote>
 <para>
 Jesse's parents betray a certain pride in their reluctant activist. As

-his father told me, Jesse "considers himself very conservative, and so do
-I. . . . He's  not a tree hugger. . . . I  think it's bizarre that they would
+his father told me, Jesse <quote>considers himself very conservative, and so do
+I. &hellip; He's  not a tree hugger. &hellip; I  think it's bizarre that they would

 pick on him. But he wants to let people know that they're sending the
 pick on him. But he wants to let people know that they're sending the

-wrong message. And he wants to correct the record."
-</para>
+wrong message. And he wants to correct the record.</quote>
+</para>
+<indexterm startref='idxuniversitycomputernetworksppsharingon' class='endofrange'/>
+<indexterm startref='idxjordanjesse' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsinrecordingindustry' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsagainststudentfilesharing' class='endofrange'/>
+<indexterm startref='idxrecordingindustrycopyrightinfringementlawsuitsof' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaacopyrightinfringementlawsuitsfiledby' class='endofrange'/>

 <!-- PAGE BREAK 66 -->
 </chapter>
 <!-- PAGE BREAK 66 -->
 </chapter>

-<chapter id="pirates">
-<title>CHAPTER FOUR: "Pirates"</title>
-<para>
-If "piracy" means using the creative property of others without
-their permission&mdash;if "if value, then right" is true&mdash;then the history of
-the content industry is a history of piracy. Every important sector of
-"big media" today&mdash;film, records, radio, and cable TV&mdash;was born of a
-kind of piracy so defined. The consistent story is how last generation's
-pirates join this generation's country club&mdash;until now.
+<chapter label="4" id="pirates">
+<title>CHAPTER FOUR: <quote>Pirates</quote></title>
+<indexterm id='idxpiracyindevelopmentofcontentindustry' class='startofrange'><primary>piracy</primary><secondary>in development of content industry</secondary></indexterm>
+<indexterm><primary><quote>if value, then right</quote> theory</primary></indexterm>
+<para>
+<emphasis role='strong'>If <quote>piracy</quote> means</emphasis>
+using the creative property of others without their
+permission&mdash;if <quote>if value, then right</quote> is
+true&mdash;then the history of the content industry is a history of
+piracy. Every important sector of <quote>big media</quote>
+today&mdash;film, records, radio, and cable TV&mdash;was born of a
+kind of piracy so defined. The consistent story is how last
+generation's pirates join this generation's country club&mdash;until
+now.

 </para>
 <section id="film">
 <title>Film</title>
 <para>
 The film industry of Hollywood was built by fleeing pirates.<footnote><para>
 <!-- f1 -->
 </para>
 <section id="film">
 <title>Film</title>
 <para>
 The film industry of Hollywood was built by fleeing pirates.<footnote><para>
 <!-- f1 -->

+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 I am grateful to Peter DiMauro for pointing me to this extraordinary 
 history. See also Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 87&ndash;93,
 I am grateful to Peter DiMauro for pointing me to this extraordinary 
 history. See also Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 87&ndash;93,

-which details Edison's "adventures" with copyright and patent.
-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>
+which details Edison's <quote>adventures</quote> with copyright and patent.

 </para></footnote>
 Creators and directors migrated from the East Coast to California in
 the early twentieth century in part to escape controls that patents
 granted the inventor of filmmaking, Thomas Edison. These controls were
 </para></footnote>
 Creators and directors migrated from the East Coast to California in
 the early twentieth century in part to escape controls that patents
 granted the inventor of filmmaking, Thomas Edison. These controls were

-exercised through a monopoly "trust," the Motion Pictures Patents
+exercised through a monopoly <quote>trust,</quote> the Motion Pictures Patents

 Company, and were based on Thomas Edison's creative
 property&mdash;patents.  Edison formed the MPPC to exercise the rights
 this creative property
 Company, and were based on Thomas Edison's creative
 property&mdash;patents.  Edison formed the MPPC to exercise the rights
 this creative property


@@ -2772,6 +3013,9 @@ summer of 1909 the independent movement was in full-swing,
 with producers and theater owners using illegal equipment and
 imported film stock to create their own underground market.
 </para>
 with producers and theater owners using illegal equipment and
 imported film stock to create their own underground market.
 </para>

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

 <para>
 With the country experiencing a tremendous expansion in the number of
 nickelodeons, the Patents Company reacted to the independent movement
 <para>
 With the country experiencing a tremendous expansion in the number of
 nickelodeons, the Patents Company reacted to the independent movement


@@ -2786,27 +3030,27 @@ license was revoked.<footnote><para>
 <!-- f2 -->
 J. A. Aberdeen, <citetitle>Hollywood Renegades: The Society of Independent Motion
 Picture Producers</citetitle> (Cobblestone Entertainment, 2000) and expanded texts
 <!-- f2 -->
 J. A. Aberdeen, <citetitle>Hollywood Renegades: The Society of Independent Motion
 Picture Producers</citetitle> (Cobblestone Entertainment, 2000) and expanded texts

-posted at "The Edison Movie Monopoly: The Motion Picture Patents
-Company vs. the Independent Outlaws," available at 
+posted at <quote>The Edison Movie Monopoly: The Motion Picture Patents
+Company vs. the Independent Outlaws,</quote> available at 

 <ulink url="http://free-culture.cc/notes/">link #11</ulink>. For a
 discussion of the economic motive behind both these limits and the
 <ulink url="http://free-culture.cc/notes/">link #11</ulink>. For a
 discussion of the economic motive behind both these limits and the

-limits imposed by Victor on phonographs, see Randal C. Picker, "From
+limits imposed by Victor on phonographs, see Randal C. Picker, <quote>From

 Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and
 Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and

-the Propertization of Copyright" (September 2002), University of
+the Propertization of Copyright</quote> (September 2002), University of

 Chicago Law School, James M. Olin Program in Law and Economics,
 Chicago Law School, James M. Olin Program in Law and Economics,

-Working Paper No. 159.  </para></footnote>
-<indexterm><primary>General Film Company</primary></indexterm>
-<indexterm><primary>Picker, Randal C.</primary></indexterm>
+Working Paper No. 159.
+<indexterm><primary>broadcast flag</primary></indexterm>
+</para></footnote>

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

-The Napsters of those days, the "independents," were companies like
+The Napsters of those days, the <quote>independents,</quote> were companies like

 Fox. And no less than today, these independents were vigorously
 Fox. And no less than today, these independents were vigorously

-resisted.  "Shooting was disrupted by machinery stolen, and
+resisted.  <quote>Shooting was disrupted by machinery stolen, and

 `accidents' resulting in loss of negatives, equipment, buildings and
 `accidents' resulting in loss of negatives, equipment, buildings and

-sometimes life and limb frequently occurred."<footnote><para>
+sometimes life and limb frequently occurred.</quote><footnote><para>

 <!-- f3 -->
 <!-- f3 -->

-Marc Wanamaker, "The First Studios," <citetitle>The Silents Majority</citetitle>, archived at
+Marc Wanamaker, <quote>The First Studios,</quote> <citetitle>The Silents Majority</citetitle>, archived at

 <ulink url="http://free-culture.cc/notes/">link #12</ulink>.
 </para></footnote>
 That led the independents to flee the East
 <ulink url="http://free-culture.cc/notes/">link #12</ulink>.
 </para></footnote>
 That led the independents to flee the East


@@ -2818,7 +3062,7 @@ did just that.
 <para>
 Of course, California grew quickly, and the effective enforcement
 of federal law eventually spread west. But because patents grant the
 <para>
 Of course, California grew quickly, and the effective enforcement
 of federal law eventually spread west. But because patents grant the

-patent holder a truly "limited" monopoly (just seventeen years at that
+patent holder a truly <quote>limited</quote> monopoly (just seventeen years at that

 
 <!-- PAGE BREAK 68 -->
 time), by the time enough federal marshals appeared, the patents had
 
 <!-- PAGE BREAK 68 -->
 time), by the time enough federal marshals appeared, the patents had


@@ -2828,29 +3072,32 @@ Edison's creative property.
 </section>
 <section id="recordedmusic">
 <title>Recorded Music</title>
 </section>
 <section id="recordedmusic">
 <title>Recorded Music</title>

+<indexterm id='idxcopyrightlawonmusicrecordings' class='startofrange'><primary>copyright law</primary><secondary>on music recordings</secondary></indexterm>

 <para>
 The record industry was born of another kind of piracy, though to see
 how requires a bit of detail about the way the law regulates music.
 </para>
 <para>
 The record industry was born of another kind of piracy, though to see
 how requires a bit of detail about the way the law regulates music.
 </para>

+<indexterm id='idxfourneauxhenri' class='startofrange'><primary>Fourneaux, Henri</primary></indexterm>
+<indexterm><primary>Russel, Phil</primary></indexterm>

 <para>
 At the time that Edison and Henri Fourneaux invented machines
 for reproducing music (Edison the phonograph, Fourneaux the player
 piano), the law gave composers the exclusive right to control copies of
 their music and the exclusive right to control public performances of
 their music. In other words, in 1900, if I wanted a copy of Phil Russel's
 <para>
 At the time that Edison and Henri Fourneaux invented machines
 for reproducing music (Edison the phonograph, Fourneaux the player
 piano), the law gave composers the exclusive right to control copies of
 their music and the exclusive right to control public performances of
 their music. In other words, in 1900, if I wanted a copy of Phil Russel's

-1899 hit "Happy Mose," the law said I would have to pay for the right
+1899 hit <quote>Happy Mose,</quote> the law said I would have to pay for the right

 to get a copy of the musical score, and I would also have to pay for the
 right to perform it publicly.
 </para>
 <indexterm><primary>Beatles</primary></indexterm>
 <para>
 to get a copy of the musical score, and I would also have to pay for the
 right to perform it publicly.
 </para>
 <indexterm><primary>Beatles</primary></indexterm>
 <para>

-But what if I wanted to record "Happy Mose," using Edison's phonograph
+But what if I wanted to record <quote>Happy Mose,</quote> using Edison's phonograph

 or Fourneaux's player piano?  Here the law stumbled. It was clear
 enough that I would have to buy any copy of the musical score that I
 performed in making this recording. And it was clear enough that I
 would have to pay for any public performance of the work I was
 recording.  But it wasn't totally clear that I would have to pay for a
 or Fourneaux's player piano?  Here the law stumbled. It was clear
 enough that I would have to buy any copy of the musical score that I
 performed in making this recording. And it was clear enough that I
 would have to pay for any public performance of the work I was
 recording.  But it wasn't totally clear that I would have to pay for a

-"public performance" if I recorded the song in my own house (even
+<quote>public performance</quote> if I recorded the song in my own house (even

 today, you don't owe the Beatles anything if you sing their songs in
 the shower), or if I recorded the song from memory (copies in your
 brain are not&mdash;yet&mdash; regulated by copyright law). So if I
 today, you don't owe the Beatles anything if you sing their songs in
 the shower), or if I recorded the song from memory (copies in your
 brain are not&mdash;yet&mdash; regulated by copyright law). So if I


@@ -2861,11 +3108,13 @@ then made copies of those recordings.  Because of this gap in the law,
 then, I could effectively pirate someone else's song without paying
 its composer anything.
 </para>
 then, I could effectively pirate someone else's song without paying
 its composer anything.
 </para>

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

 <para>
 The composers (and publishers) were none too happy about
 <!-- PAGE BREAK 69 -->
 this capacity to pirate. As South Dakota senator Alfred Kittredge
 put it,
 <para>
 The composers (and publishers) were none too happy about
 <!-- PAGE BREAK 69 -->
 this capacity to pirate. As South Dakota senator Alfred Kittredge
 put it,

+<indexterm><primary>Kittredge, Alfred</primary></indexterm>

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


@@ -2877,42 +3126,51 @@ composer and publisher without any regard for [their]
 rights.<footnote><para>
 <!-- f4 -->
 To Amend and Consolidate the Acts Respecting Copyright: Hearings on
 rights.<footnote><para>
 <!-- f4 -->
 To Amend and Consolidate the Acts Respecting Copyright: Hearings on

-S. 6330 and H.R. 19853 Before the ( Joint) Committees on Patents, 59th
+S. 6330 and H.R. 19853 Before the (Joint) Committees on Patents, 59th

 Cong. 59, 1st sess. (1906) (statement of Senator Alfred B. Kittredge,
 of South Dakota, chairman), reprinted in <citetitle>Legislative History of the
 Copyright Act</citetitle>, E. Fulton Brylawski and Abe Goldman, eds. (South
 Hackensack, N.J.: Rothman Reprints, 1976).
 Cong. 59, 1st sess. (1906) (statement of Senator Alfred B. Kittredge,
 of South Dakota, chairman), reprinted in <citetitle>Legislative History of the
 Copyright Act</citetitle>, E. Fulton Brylawski and Abe Goldman, eds. (South
 Hackensack, N.J.: Rothman Reprints, 1976).

+<indexterm><primary>Kittredge, Alfred</primary></indexterm>

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

+<indexterm><primary>Sousa, John Philip</primary></indexterm>

 <para>
 The innovators who developed the technology to record other
 <para>
 The innovators who developed the technology to record other

-people's works were "sponging upon the toil, the work, the talent, and
-genius of American composers,"<footnote><para>
+people's works were <quote>sponging upon the toil, the work, the talent, and
+genius of American composers,</quote><footnote><para>

 <!-- f5 -->
 To Amend and Consolidate the Acts Respecting Copyright, 223 
 (statement of Nathan Burkan, attorney for the Music Publishers Association).
 </para></footnote>
 <!-- f5 -->
 To Amend and Consolidate the Acts Respecting Copyright, 223 
 (statement of Nathan Burkan, attorney for the Music Publishers Association).
 </para></footnote>

-and the "music publishing industry"
-was thereby "at the complete mercy of this one pirate."<footnote><para>
+and the <quote>music publishing industry</quote>
+was thereby <quote>at the complete mercy of this one pirate.</quote><footnote><para>

 <!-- f6 -->
 To Amend and Consolidate the Acts Respecting Copyright, 226 
 (statement of Nathan Burkan, attorney for the Music Publishers Association).
 </para></footnote>
 As John Philip
 <!-- f6 -->
 To Amend and Consolidate the Acts Respecting Copyright, 226 
 (statement of Nathan Burkan, attorney for the Music Publishers Association).
 </para></footnote>
 As John Philip

-Sousa put it, in as direct a way as possible, "When they make money
-out of my pieces, I want a share of it."<footnote><para>
+Sousa put it, in as direct a way as possible, <quote>When they make money
+out of my pieces, I want a share of it.</quote><footnote><para>

 <!-- f7 -->
 To Amend and Consolidate the Acts Respecting Copyright, 23 
 (statement of John Philip Sousa, composer).
 </para></footnote>
 </para>
 <!-- f7 -->
 To Amend and Consolidate the Acts Respecting Copyright, 23 
 (statement of John Philip Sousa, composer).
 </para></footnote>
 </para>

+<indexterm><primary>American Graphophone Company</primary></indexterm>
+<indexterm><primary>player pianos</primary></indexterm>
+<indexterm><primary>sheet music</primary></indexterm>
+<indexterm id='idxcongressusoncopyrightlaws' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressusonrecordingindustry' class='startofrange'><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxcopyrightlawstatutorylicensesin' class='startofrange'><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>
+<indexterm id='idxrecordingindustrystatutorylicensesystemin' class='startofrange'><primary>recording industry</primary><secondary>statutory license system in</secondary></indexterm>

 <para>
 These arguments have familiar echoes in the wars of our day. So, too,
 do the arguments on the other side. The innovators who developed the
 <para>
 These arguments have familiar echoes in the wars of our day. So, too,
 do the arguments on the other side. The innovators who developed the

-player piano argued that "it is perfectly demonstrable that the
+player piano argued that <quote>it is perfectly demonstrable that the

 introduction of automatic music players has not deprived any composer
 introduction of automatic music players has not deprived any composer

-of anything he had before their introduction." Rather, the machines
+of anything he had before their introduction.</quote> Rather, the machines

 increased the sales of sheet music.<footnote><para>
 <!-- f8 -->
 
 increased the sales of sheet music.<footnote><para>
 <!-- f8 -->
 


@@ -2920,23 +3178,24 @@ To Amend and Consolidate the Acts Respecting Copyright, 283&ndash;84
 (statement of Albert Walker, representative of the Auto-Music
 Perforating Company of New York).
 </para></footnote> In any case, the innovators argued, the job of
 (statement of Albert Walker, representative of the Auto-Music
 Perforating Company of New York).
 </para></footnote> In any case, the innovators argued, the job of

-Congress was "to consider first the interest of [the public], whom
-they represent, and whose servants they are." "All talk about
-`theft,'" the general counsel of the American Graphophone Company
-wrote, "is the merest claptrap, for there exists no property in ideas
+Congress was <quote>to consider first the interest of [the public], whom
+they represent, and whose servants they are.</quote> <quote>All talk about
+`theft,'</quote> the general counsel of the American Graphophone Company
+wrote, <quote>is the merest claptrap, for there exists no property in ideas

 musical, literary or artistic, except as defined by
 musical, literary or artistic, except as defined by

-statute."<footnote><para>
+statute.</quote><footnote><para>

 <!-- f9 -->
 To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared
 memorandum of Philip Mauro, general patent counsel of the American
 Graphophone Company Association).
 </para></footnote>
 </para>
 <!-- f9 -->
 To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared
 memorandum of Philip Mauro, general patent counsel of the American
 Graphophone Company Association).
 </para></footnote>
 </para>

+<indexterm><primary>cover songs</primary></indexterm>

 <para>
 The law soon resolved this battle in favor of the composer
 <emphasis>and</emphasis> the recording artist. Congress amended the
 <para>
 The law soon resolved this battle in favor of the composer
 <emphasis>and</emphasis> the recording artist. Congress amended the

-law to make sure that composers would be paid for the "mechanical
-reproductions" of their music. But rather than simply granting the
+law to make sure that composers would be paid for the <quote>mechanical
+reproductions</quote> of their music. But rather than simply granting the

 composer complete control over the right to make mechanical
 reproductions, Congress gave recording artists a right to record the
 music, at a price set by Congress, once the composer allowed it to be
 composer complete control over the right to make mechanical
 reproductions, Congress gave recording artists a right to record the
 music, at a price set by Congress, once the composer allowed it to be


@@ -2947,14 +3206,17 @@ copyright law that makes cover songs possible. Once a composer
 authorizes a recording of his song, others are free to record the same
 song, so long as they pay the original composer a fee set by the law.
 </para>
 authorizes a recording of his song, others are free to record the same
 song, so long as they pay the original composer a fee set by the law.
 </para>

+<indexterm id='idxcompulsorylicense' class='startofrange'><primary>compulsory license</primary></indexterm>
+<indexterm id='idxstatutorylicenses' class='startofrange'><primary>statutory licenses</primary></indexterm>

 <para>
 <para>

-American law ordinarily calls this a "compulsory license," but I will
-refer to it as a "statutory license." A statutory license is a license
+American law ordinarily calls this a <quote>compulsory license,</quote> but I will
+refer to it as a <quote>statutory license.</quote> A statutory license is a license

 whose key terms are set by law. After Congress's amendment of the
 Copyright Act in 1909, record companies were free to distribute copies
 of recordings so long as they paid the composer (or copyright holder)
 the fee set by the statute.
 </para>
 whose key terms are set by law. After Congress's amendment of the
 Copyright Act in 1909, record companies were free to distribute copies
 of recordings so long as they paid the composer (or copyright holder)
 the fee set by the statute.
 </para>

+<indexterm id='idxgrishamjohn' class='startofrange'><primary>Grisham, John</primary></indexterm>

 <para>
 This is an exception within the law of copyright. When John Grisham
 writes a novel, a publisher is free to publish that novel only if
 <para>
 This is an exception within the law of copyright. When John Grisham
 writes a novel, a publisher is free to publish that novel only if


@@ -2963,8 +3225,9 @@ charge whatever he wants for that permission. The price to publish
 Grisham is thus set by Grisham, and copyright law ordinarily says you
 have no permission to use Grisham's work except with permission of
 Grisham.
 Grisham is thus set by Grisham, and copyright law ordinarily says you
 have no permission to use Grisham's work except with permission of
 Grisham.

-<indexterm><primary>Grisham, John</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcopyrightlawonmusicrecordings' class='endofrange'/>
+<indexterm><primary>Beatles</primary></indexterm>

 <para>
 But the law governing recordings gives recording artists less. And
 thus, in effect, the law <emphasis>subsidizes</emphasis> the recording
 <para>
 But the law governing recordings gives recording artists less. And
 thus, in effect, the law <emphasis>subsidizes</emphasis> the recording


@@ -2981,13 +3244,15 @@ creativity.<footnote><para>
 
 <!-- f10 -->
 Copyright Law Revision: Hearings on S. 2499, S. 2900, H.R. 243, and
 
 <!-- f10 -->
 Copyright Law Revision: Hearings on S. 2499, S. 2900, H.R. 243, and

-H.R. 11794 Before the ( Joint) Committee on Patents, 60th Cong., 1st
+H.R. 11794 Before the (Joint) Committee on Patents, 60th Cong., 1st

 sess., 217 (1908) (statement of Senator Reed Smoot, chairman), reprinted
 in <citetitle>Legislative History of the 1909 Copyright Act</citetitle>, E. Fulton Brylawski and
 Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976).
 </para></footnote>
 sess., 217 (1908) (statement of Senator Reed Smoot, chairman), reprinted
 in <citetitle>Legislative History of the 1909 Copyright Act</citetitle>, E. Fulton Brylawski and
 Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976).
 </para></footnote>

-<indexterm><primary>Beatles</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws' class='endofrange'/>
+<indexterm startref='idxcongressusonrecordingindustry' class='endofrange'/>
+<indexterm startref='idxgrishamjohn' class='endofrange'/>

 <para>
 While the recording industry has been quite coy about this recently,
 historically it has been quite a supporter of the statutory license for
 <para>
 While the recording industry has been quite coy about this recently,
 historically it has been quite a supporter of the statutory license for


@@ -3017,6 +3282,10 @@ March 1967). I am grateful to Glenn Brown for drawing my attention to
 this report.</para></footnote>
 </para>
 </blockquote>
 this report.</para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxcopyrightlawstatutorylicensesin' class='endofrange'/>
+<indexterm startref='idxrecordingindustrystatutorylicensesystemin' class='endofrange'/>
+<indexterm startref='idxcompulsorylicense' class='endofrange'/>
+<indexterm startref='idxstatutorylicenses' class='endofrange'/>

 <para>
 By limiting the rights musicians have, by partially pirating their
 creative work, the record producers, and the public, benefit.
 <para>
 By limiting the rights musicians have, by partially pirating their
 creative work, the record producers, and the public, benefit.


@@ -3024,22 +3293,24 @@ 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='idxrecordingindustryradiobroadcastand' class='startofrange'><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm id='idxartistsrecordingindustrypaymentsto' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

 <para>
 Radio was also born of piracy.
 </para>
 <para>
 When a radio station plays a record on the air, that constitutes a
 <para>
 Radio was also born of piracy.
 </para>
 <para>
 When a radio station plays a record on the air, that constitutes a

-"public performance" of the composer's work.<footnote><para>
+<quote>public performance</quote> of the composer's work.<footnote><para>

 <!-- f12 -->
 See 17 <citetitle>United States Code</citetitle>, sections 106 and 110. At the beginning,
 <!-- f12 -->
 See 17 <citetitle>United States Code</citetitle>, sections 106 and 110. At the beginning,

-record companies printed "Not Licensed for Radio Broadcast" and other
+record companies printed <quote>Not Licensed for Radio Broadcast</quote> and other

 messages purporting to restrict the ability to play a record on a
 radio station.  Judge Learned Hand rejected the argument that a
 warning attached to a record might restrict the rights of the radio
 station. See <citetitle>RCA Manufacturing Co</citetitle>. v. <citetitle>Whiteman</citetitle>, 114 F. 2d 86 (2nd
 messages purporting to restrict the ability to play a record on a
 radio station.  Judge Learned Hand rejected the argument that a
 warning attached to a record might restrict the rights of the radio
 station. See <citetitle>RCA Manufacturing Co</citetitle>. v. <citetitle>Whiteman</citetitle>, 114 F. 2d 86 (2nd

-Cir. 1940). See also Randal C.  Picker, "From Edison to the Broadcast
+Cir. 1940). See also Randal C.  Picker, <quote>From Edison to the Broadcast

 Flag: Mechanisms of Consent and Refusal and the Propertization of
 Flag: Mechanisms of Consent and Refusal and the Propertization of

-Copyright," <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 281.
+Copyright,</quote> <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 281.

 <indexterm><primary>Hand, Learned</primary></indexterm>
 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 </para></footnote>
 <indexterm><primary>Hand, Learned</primary></indexterm>
 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 </para></footnote>


@@ -3051,7 +3322,7 @@ station thus owes the composer money for that performance.
 But when the radio station plays a record, it is not only performing a
 copy of the <emphasis>composer's</emphasis> work. The radio station is
 also performing a copy of the <emphasis>recording artist's</emphasis>
 But when the radio station plays a record, it is not only performing a
 copy of the <emphasis>composer's</emphasis> work. The radio station is
 also performing a copy of the <emphasis>recording artist's</emphasis>

-work. It's one thing to have "Happy Birthday" sung on the radio by the
+work. It's one thing to have <quote>Happy Birthday</quote> sung on the radio by the

 local children's choir; it's quite another to have it sung by the
 Rolling Stones or Lyle Lovett. The recording artist is adding to the
 value of the composition performed on the radio station.  And if the
 local children's choir; it's quite another to have it sung by the
 Rolling Stones or Lyle Lovett. The recording artist is adding to the
 value of the composition performed on the radio station.  And if the


@@ -3070,9 +3341,7 @@ something for nothing. It gets to perform the recording artist's work
 for free, even if it must pay the composer something for the privilege
 of playing the song.
 </para>
 for free, even if it must pay the composer something for the privilege
 of playing the song.
 </para>

-<indexterm id="idxmadonna" class='startofrange'>
-  <primary>Madonna</primary>
-</indexterm>
+<indexterm id='idxmadonna' class='startofrange'><primary>Madonna</primary></indexterm>

 <para>
 This difference can be huge. Imagine you compose a piece of music.
 Imagine it is your first. You own the exclusive right to authorize
 <para>
 This difference can be huge. Imagine you compose a piece of music.
 Imagine it is your first. You own the exclusive right to authorize


@@ -3085,11 +3354,12 @@ then decides to make a recording of your song, and it becomes a top
 hit. Under our law, every time a radio station plays your song, you
 get some money. But Madonna gets nothing, save the indirect effect on
 the sale of her CDs. The public performance of her recording is not a
 hit. Under our law, every time a radio station plays your song, you
 get some money. But Madonna gets nothing, save the indirect effect on
 the sale of her CDs. The public performance of her recording is not a

-"protected" right. The radio station thus gets to
+<quote>protected</quote> right. The radio station thus gets to

 <emphasis>pirate</emphasis> the value of Madonna's work without paying
 her anything.
 </para>
 <emphasis>pirate</emphasis> the value of Madonna's work without paying
 her anything.
 </para>

-<indexterm startref="idxmadonna" class='endofrange'/>
+<indexterm startref='idxartistsrecordingindustrypaymentsto' class='endofrange'/>
+<indexterm startref='idxmadonna' class='endofrange'/>

 <para>
 No doubt, one might argue that, on balance, the recording artists
 benefit. On average, the promotion they get is worth more than the
 <para>
 No doubt, one might argue that, on balance, the recording artists
 benefit. On average, the promotion they get is worth more than the


@@ -3098,11 +3368,12 @@ 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='idxrecordingindustryradiobroadcastand' class='endofrange'/>

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

+<indexterm id='idxcabletelevision' class='startofrange'><primary>cable television</primary></indexterm>

 <para>
 <para>

-

 Cable TV was also born of a kind of piracy.
 </para>
 <para>
 Cable TV was also born of a kind of piracy.
 </para>
 <para>


@@ -3118,21 +3389,23 @@ give away.
 </para>
 <indexterm><primary>Anello, Douglas</primary></indexterm>
 <indexterm><primary>Burdick, Quentin</primary></indexterm>
 </para>
 <indexterm><primary>Anello, Douglas</primary></indexterm>
 <indexterm><primary>Burdick, Quentin</primary></indexterm>

+<indexterm><primary>Hyde, Rosel H.</primary></indexterm>

 <para>
 Broadcasters and copyright owners were quick to attack this theft.
 Rosel Hyde, chairman of the FCC, viewed the practice as a kind of
 <para>
 Broadcasters and copyright owners were quick to attack this theft.
 Rosel Hyde, chairman of the FCC, viewed the practice as a kind of

-"unfair and potentially destructive competition."<footnote><para>
+<quote>unfair and potentially destructive competition.</quote><footnote><para>

 <!-- f13 -->
 Copyright Law Revision&mdash;CATV: Hearing on S. 1006 Before the
 Subcommittee on Patents, Trademarks, and Copyrights of the Senate
 Committee on the Judiciary, 89th Cong., 2nd sess., 78 (1966)
 (statement of Rosel H. Hyde, chairman of the Federal Communications
 Commission).
 <!-- f13 -->
 Copyright Law Revision&mdash;CATV: Hearing on S. 1006 Before the
 Subcommittee on Patents, Trademarks, and Copyrights of the Senate
 Committee on the Judiciary, 89th Cong., 2nd sess., 78 (1966)
 (statement of Rosel H. Hyde, chairman of the Federal Communications
 Commission).

+<indexterm><primary>Hyde, Rosel H.</primary></indexterm>

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

-There may have been a "public interest" in spreading the reach of cable
+There may have been a <quote>public interest</quote> in spreading the reach of cable

 TV, but as Douglas Anello, general counsel to the National Association
 TV, but as Douglas Anello, general counsel to the National Association

-of Broadcasters, asked Senator Quentin Burdick during testimony, "Does public
-interest dictate that you use somebody else's property?"<footnote><para>
+of Broadcasters, asked Senator Quentin Burdick during testimony, <quote>Does public
+interest dictate that you use somebody else's property?</quote><footnote><para>

 <!-- f14 -->
 Copyright Law Revision&mdash;CATV, 116 (statement of Douglas A. Anello,
 general counsel of the National Association of Broadcasters).
 <!-- f14 -->
 Copyright Law Revision&mdash;CATV, 116 (statement of Douglas A. Anello,
 general counsel of the National Association of Broadcasters).


@@ -3166,14 +3439,17 @@ United Artists Television, Inc.).
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm><primary>Heston, Charlton</primary></indexterm>

 <para>
 <para>

-These were "free-ride[rs]," Screen Actor's Guild president Charlton
-Heston said, who were "depriving actors of
-compensation."<footnote><para>
+These were <quote>free-ride[rs],</quote> Screen Actor's Guild president Charlton
+Heston said, who were <quote>depriving actors of
+compensation.</quote><footnote><para>

 <!-- f17 -->
 Copyright Law Revision&mdash;CATV, 209 (statement of Charlton Heston,
 president of the Screen Actors Guild).
 <!-- f17 -->
 Copyright Law Revision&mdash;CATV, 209 (statement of Charlton Heston,
 president of the Screen Actors Guild).

-</para></footnote>
+<indexterm><primary>Heston, Charlton</primary></indexterm>
+</para>
+</footnote>

 </para>
 <para>
 But again, there was another side to the debate. As Assistant Attorney
 </para>
 <para>
 But again, there was another side to the debate. As Assistant Attorney


@@ -3184,7 +3460,7 @@ General Edwin Zimmerman put it,
 Our point here is that unlike the problem of whether you have any
 copyright protection at all, the problem here is whether copyright
 holders who are already compensated, who already have a monopoly,
 Our point here is that unlike the problem of whether you have any
 copyright protection at all, the problem here is whether copyright
 holders who are already compensated, who already have a monopoly,

-should be permitted to extend that monopoly. . . . The
+should be permitted to extend that monopoly. &hellip; The

 
 <!-- PAGE BREAK 74 -->
 question here is how much compensation they should have and
 
 <!-- PAGE BREAK 74 -->
 question here is how much compensation they should have and


@@ -3203,53 +3479,55 @@ Court held that the cable companies owed the copyright owners nothing.
 </para>
 <para>
 It took Congress almost thirty years before it resolved the question
 </para>
 <para>
 It took Congress almost thirty years before it resolved the question

-of whether cable companies had to pay for the content they "pirated."
+of whether cable companies had to pay for the content they <quote>pirated.</quote>

 In the end, Congress resolved this question in the same way that it
 resolved the question about record players and player pianos. Yes,
 cable companies would have to pay for the content that they broadcast;
 but the price they would have to pay was not set by the copyright
 owner.  The price was set by law, so that the broadcasters couldn't
 exercise veto power over the emerging technologies of cable. Cable
 In the end, Congress resolved this question in the same way that it
 resolved the question about record players and player pianos. Yes,
 cable companies would have to pay for the content that they broadcast;
 but the price they would have to pay was not set by the copyright
 owner.  The price was set by law, so that the broadcasters couldn't
 exercise veto power over the emerging technologies of cable. Cable

-companies thus built their empire in part upon a "piracy" of the value
+companies thus built their empire in part upon a <quote>piracy</quote> of the value

 created by broadcasters' content.
 </para>
 created by broadcasters' content.
 </para>

+<indexterm startref='idxpiracyindevelopmentofcontentindustry' class='endofrange'/>
+<indexterm startref='idxcabletelevision' class='endofrange'/>

 <para>
 <para>

-These separate stories sing a common theme. If "piracy" means
-using value from someone else's creative property without permission
-from that creator&mdash;as it is increasingly described
-today<footnote><para>
+<emphasis role='strong'>These separate stories</emphasis> sing a
+common theme. If <quote>piracy</quote> means using value from someone
+else's creative property without permission from that creator&mdash;as
+it is increasingly described today<footnote><para>

 <!-- f19 -->
 See, for example, National Music Publisher's Association, <citetitle>The Engine
 of Free Expression: Copyright on the Internet&mdash;The Myth of Free
 Information</citetitle>, available at
 <!-- f19 -->
 See, for example, National Music Publisher's Association, <citetitle>The Engine
 of Free Expression: Copyright on the Internet&mdash;The Myth of Free
 Information</citetitle>, available at

-<ulink url="http://free-culture.cc/notes/">link #13</ulink>. "The
+<ulink url="http://free-culture.cc/notes/">link #13</ulink>. <quote>The

 threat of piracy&mdash;the use of someone else's creative work without
 threat of piracy&mdash;the use of someone else's creative work without

-permission or compensation&mdash;has grown with the Internet."
+permission or compensation&mdash;has grown with the Internet.</quote>

 </para></footnote>
 &mdash; then <emphasis>every</emphasis> industry affected by copyright
 today is the product and beneficiary of a certain kind of
 </para></footnote>
 &mdash; then <emphasis>every</emphasis> industry affected by copyright
 today is the product and beneficiary of a certain kind of

-piracy. Film, records, radio, cable TV. . . . The list is long and
+piracy. Film, records, radio, cable TV. &hellip; The list is long and

 could well be expanded. Every generation welcomes the pirates from the
 last. Every generation&mdash;until now.
 </para>
 <!-- PAGE BREAK 75 -->
 </section>
 </chapter>
 could well be expanded. Every generation welcomes the pirates from the
 last. Every generation&mdash;until now.
 </para>
 <!-- PAGE BREAK 75 -->
 </section>
 </chapter>

-<chapter id="piracy">
-<title>CHAPTER FIVE: "Piracy"</title>
+<chapter label="5" id="piracy">
+<title>CHAPTER FIVE: <quote>Piracy</quote></title>

 <para>
 <para>

-There is piracy of copyrighted material. Lots of it. This piracy comes
-in many forms. The most significant is commercial piracy, the
-unauthorized taking of other people's content within a commercial
-context. Despite the many justifications that are offered in its
-defense, this taking is wrong. No one should condone it, and the law
-should stop it.
+<emphasis role='strong'>There is piracy</emphasis> of copyrighted
+material. Lots of it. This piracy comes in many forms. The most
+significant is commercial piracy, the unauthorized taking of other
+people's content within a commercial context. Despite the many
+justifications that are offered in its defense, this taking is
+wrong. No one should condone it, and the law should stop it.

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

-But as well as copy-shop piracy, there is another kind of "taking"
+But as well as copy-shop piracy, there is another kind of <quote>taking</quote>

 that is more directly related to the Internet. That taking, too, seems
 wrong to many, and it is wrong much of the time. Before we paint this
 that is more directly related to the Internet. That taking, too, seems
 wrong to many, and it is wrong much of the time. Before we paint this

-taking "piracy," however, we should understand its nature a bit more.
+taking <quote>piracy,</quote> however, we should understand its nature a bit more.

 For the harm of this taking is significantly more ambiguous than
 outright copying, and the law should account for that ambiguity, as it
 has so often done in the past.
 For the harm of this taking is significantly more ambiguous than
 outright copying, and the law should account for that ambiguity, as it
 has so often done in the past.


@@ -3257,6 +3535,8 @@ 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>
+<indexterm id='idxcdsforeign' class='startofrange'><primary>CDs</primary><secondary>foreign piracy of</secondary></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


@@ -3267,7 +3547,7 @@ every year to physical piracy<footnote><para>
 See IFPI (International Federation of the Phonographic Industry), <citetitle>The
 Recording Industry Commercial Piracy Report 2003</citetitle>, July 2003, available
 at <ulink url="http://free-culture.cc/notes/">link #14</ulink>. See
 See IFPI (International Federation of the Phonographic Industry), <citetitle>The
 Recording Industry Commercial Piracy Report 2003</citetitle>, July 2003, available
 at <ulink url="http://free-culture.cc/notes/">link #14</ulink>. See

-also Ben Hunt, "Companies Warned on Music Piracy Risk," <citetitle>Financial
+also Ben Hunt, <quote>Companies Warned on Music Piracy Risk,</quote> <citetitle>Financial

 Times</citetitle>, 14 February 2003, 11.
 </para></footnote>
 (that works out to one in three CDs sold worldwide). The MPAA
 Times</citetitle>, 14 February 2003, 11.
 </para></footnote>
 (that works out to one in three CDs sold worldwide). The MPAA


@@ -3302,7 +3582,7 @@ legal wrong, but a locally legal wrong as well.
 <para>
 True, these local rules have, in effect, been imposed upon these
 countries. No country can be part of the world economy and choose
 <para>
 True, these local rules have, in effect, been imposed upon these
 countries. No country can be part of the world economy and choose

-<!-- PAGE BREAK 77 -->
+<!-- PAGE BREAK 77-->

 not to protect copyright internationally. We may have been born a
 pirate nation, but we will not allow any other nation to have a
 similar childhood.
 not to protect copyright internationally. We may have been born a
 pirate nation, but we will not allow any other nation to have a
 similar childhood.


@@ -3313,26 +3593,29 @@ its laws regardless of their source. The international law under which
 these nations live gives them some opportunities to escape the burden
 of intellectual property law.<footnote><para>
 <!-- f2 -->
 these nations live gives them some opportunities to escape the burden
 of intellectual property law.<footnote><para>
 <!-- f2 -->

-See Peter Drahos with John Braithwaite, Information Feudalism: <citetitle>Who
-Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), 10&ndash;13,
-209.  The Trade-Related Aspects of Intellectual Property Rights
-(TRIPS) agreement obligates member nations to create administrative
-and enforcement mechanisms for intellectual property rights, a costly
-proposition for developing countries. Additionally, patent rights may
-lead to higher prices for staple industries such as
-agriculture. Critics of TRIPS question the disparity between burdens
-imposed upon developing countries and benefits conferred to
-industrialized nations. TRIPS does permit governments to use patents
-for public, noncommercial uses without first obtaining the patent
-holder's permission. Developing nations may be able to use this to
-gain the benefits of foreign patents at lower prices. This is a
-promising strategy for developing nations within the TRIPS framework.
+See Peter Drahos with John Braithwaite, Information Feudalism:
+<citetitle>Who Owns the Knowledge Economy?</citetitle> (New York: The
+New Press, 2003), 10&ndash;13, 209.  The Trade-Related Aspects of
+Intellectual Property Rights (TRIPS) agreement obligates member
+nations to create administrative and enforcement mechanisms for
+intellectual property rights, a costly proposition for developing
+countries. Additionally, patent rights may lead to higher prices for
+staple industries such as agriculture. Critics of TRIPS question the
+disparity between burdens imposed upon developing countries and
+benefits conferred to industrialized nations. TRIPS does permit
+governments to use patents for public, noncommercial uses without
+first obtaining the patent holder's permission. Developing nations may
+be able to use this to gain the benefits of foreign patents at lower
+prices. This is a promising strategy for developing nations within the
+TRIPS framework.
+<indexterm><primary>agricultural patents</primary></indexterm>

 <indexterm><primary>Drahos, Peter</primary></indexterm>
 </para></footnote> In my view, more developing nations should take
 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>
 <indexterm><primary>Drahos, Peter</primary></indexterm>
 </para></footnote> In my view, more developing nations should take
 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>

+<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


@@ -3342,11 +3625,11 @@ less money than they otherwise would have had.<footnote><para>
 <!-- f3 -->
 For an analysis of the economic impact of copying technology, see Stan
 Liebowitz, <citetitle>Rethinking the Network Economy</citetitle> (New York: Amacom, 2002),
 <!-- f3 -->
 For an analysis of the economic impact of copying technology, see Stan
 Liebowitz, <citetitle>Rethinking the Network Economy</citetitle> (New York: Amacom, 2002),

-144&ndash;90. "In some instances . . . the impact of piracy on the
+144&ndash;90. <quote>In some instances &hellip; the impact of piracy on the

 copyright holder's ability to appropriate the value of the work will
 be negligible. One obvious instance is the case where the individual
 engaging in pirating would not have purchased an original even if
 copyright holder's ability to appropriate the value of the work will
 be negligible. One obvious instance is the case where the individual
 engaging in pirating would not have purchased an original even if

-pirating were not an option." Ibid., 149.
+pirating were not an option.</quote> Ibid., 149.

 <indexterm><primary>Liebowitz, Stan</primary></indexterm>
 </para></footnote>
 </para>
 <indexterm><primary>Liebowitz, Stan</primary></indexterm>
 </para></footnote>
 </para>


@@ -3355,14 +3638,15 @@ This is often true (though I have friends who have purchased many
 thousands of pirated DVDs who certainly have enough money to pay
 for the content they have taken), and it does mitigate to some degree
 the harm caused by such taking. Extremists in this debate love to say,
 thousands of pirated DVDs who certainly have enough money to pay
 for the content they have taken), and it does mitigate to some degree
 the harm caused by such taking. Extremists in this debate love to say,

-"You wouldn't go into Barnes &amp; Noble and take a book off of the shelf
-without paying; why should it be any different with on-line music?"
+<quote>You wouldn't go into Barnes &amp; Noble and take a book off of the shelf
+without paying; why should it be any different with on-line music?</quote>

 The difference is, of course, that when you take a book from Barnes &amp;
 Noble, it has one less book to sell. By contrast, when you take an MP3
 from a computer network, there is not one less CD that can be sold.
 The physics of piracy of the intangible are different from the physics of
 piracy of the tangible.
 </para>
 The difference is, of course, that when you take a book from Barnes &amp;
 Noble, it has one less book to sell. By contrast, when you take an MP3
 from a computer network, there is not one less CD that can be sold.
 The physics of piracy of the intangible are different from the physics of
 piracy of the tangible.
 </para>

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

 <para>
 This argument is still very weak. However, although copyright is a
 property right of a very special sort, it <emphasis>is</emphasis> a
 <para>
 This argument is still very weak. However, although copyright is a
 property right of a very special sort, it <emphasis>is</emphasis> a


@@ -3371,7 +3655,7 @@ owner the right to decide the terms under which content is shared. If
 the copyright owner doesn't want to sell, she doesn't have to. There
 are exceptions: important statutory licenses that apply to copyrighted
 content regardless of the wish of the copyright owner. Those licenses
 the copyright owner doesn't want to sell, she doesn't have to. There
 are exceptions: important statutory licenses that apply to copyrighted
 content regardless of the wish of the copyright owner. Those licenses

-give people the right to "take" copyrighted content whether or not the
+give people the right to <quote>take</quote> copyrighted content whether or not the

 copyright owner wants to sell. But
 
 <!-- PAGE BREAK 78 -->
 copyright owner wants to sell. But
 
 <!-- PAGE BREAK 78 -->


@@ -3379,11 +3663,20 @@ where the law does not give people the right to take content, it is
 wrong to take that content even if the wrong does no harm. If we have
 a property system, and that system is properly balanced to the
 technology of a time, then it is wrong to take property without the
 wrong to take that content even if the wrong does no harm. If we have
 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 "property" means.
+permission of a property owner. That is exactly what <quote>property</quote> means.

 </para>
 </para>

+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>
+<indexterm><primary>piracy</primary><secondary>in Asia</secondary></indexterm>
+<indexterm><primary>free software/open-source software (FS/OSS)</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>competitive strategies of</secondary></indexterm>
+<indexterm><primary>Windows</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>international software piracy of</secondary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>Windows operating system of</secondary></indexterm>

 <para>
 Finally, we could try to excuse this piracy with the argument that the
 <para>
 Finally, we could try to excuse this piracy with the argument that the

-piracy actually helps the copyright owner. When the Chinese "steal"
+piracy actually helps the copyright owner. When the Chinese <quote>steal</quote>

 Windows, that makes the Chinese dependent on Microsoft.  Microsoft
 loses the value of the software that was taken. But it gains users who
 are used to life in the Microsoft world. Over time, as the nation
 Windows, that makes the Chinese dependent on Microsoft.  Microsoft
 loses the value of the software that was taken. But it gains users who
 are used to life in the Microsoft world. Over time, as the nation


@@ -3393,13 +3686,8 @@ Microsoft, Microsoft benefits from the piracy. If instead of pirating
 Microsoft Windows, the Chinese used the free GNU/Linux operating
 system, then these Chinese users would not eventually be buying
 Microsoft.  Without piracy, then, Microsoft would lose.
 Microsoft Windows, the Chinese used the free GNU/Linux operating
 system, then these Chinese users would not eventually be buying
 Microsoft.  Without piracy, then, Microsoft would lose.

-<indexterm><primary>Linux operating system</primary></indexterm>
-<indexterm>
-<primary>Microsoft</primary>
-<secondary>Windows operating system of</secondary>
-</indexterm>
-<indexterm><primary>Windows</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>law</primary><secondary>databases of case reports in</secondary></indexterm>

 <para>
 This argument, too, is somewhat true. The addiction strategy is a good
 one. Many businesses practice it. Some thrive because of it. Law
 <para>
 This argument, too, is somewhat true. The addiction strategy is a good
 one. Many businesses practice it. Some thrive because of it. Law


@@ -3408,6 +3696,10 @@ databases. The companies marketing both hope the students will become
 so used to their service that they will want to use it and not the
 other when they become lawyers (and must pay high subscription fees).
 </para>
 so used to their service that they will want to use it and not the
 other when they become lawyers (and must pay high subscription fees).
 </para>

+<indexterm><primary>Netscape</primary></indexterm>
+<indexterm><primary>Internet Explorer</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>

 <para>
 Still, the argument is not terribly persuasive. We don't give the
 alcoholic a defense when he steals his first beer, merely because that
 <para>
 Still, the argument is not terribly persuasive. We don't give the
 alcoholic a defense when he steals his first beer, merely because that


@@ -3420,7 +3712,6 @@ means giving the property owner the right to say who gets access to
 what&mdash;at least ordinarily. And if the law properly balances the
 rights of the copyright owner with the rights of access, then
 violating the law is still wrong.
 what&mdash;at least ordinarily. And if the law properly balances the
 rights of the copyright owner with the rights of access, then
 violating the law is still wrong.

-<indexterm><primary>Linux operating system</primary></indexterm>

 </para>
 <para>
 <!-- PAGE BREAK 79 -->
 </para>
 <para>
 <!-- PAGE BREAK 79 -->


@@ -3435,12 +3726,12 @@ is flat out wrong.
 </para>
 <para>
 But as the examples from the four chapters that introduced this part
 </para>
 <para>
 But as the examples from the four chapters that introduced this part

-suggest, even if some piracy is plainly wrong, not all "piracy" is. Or
-at least, not all "piracy" is wrong if that term is understood in the
-way it is increasingly used today. Many kinds of "piracy" are useful
+suggest, even if some piracy is plainly wrong, not all <quote>piracy</quote> is. Or
+at least, not all <quote>piracy</quote> is wrong if that term is understood in the
+way it is increasingly used today. Many kinds of <quote>piracy</quote> are useful

 and productive, to produce either new content or new ways of doing
 business.  Neither our tradition nor any tradition has ever banned all
 and productive, to produce either new content or new ways of doing
 business.  Neither our tradition nor any tradition has ever banned all

-"piracy" in that sense of the term.
+<quote>piracy</quote> in that sense of the term.

 </para>
 <para>
 This doesn't mean that there are no questions raised by the latest
 </para>
 <para>
 This doesn't mean that there are no questions raised by the latest


@@ -3463,8 +3754,8 @@ sharing to survive.
 <section id="piracy-ii">
 <title>Piracy II</title>
 <para>
 <section id="piracy-ii">
 <title>Piracy II</title>
 <para>

-The key to the "piracy" that the law aims to quash is a use that "rob[s]
-the author of [his] profit."<footnote><para>
+The key to the <quote>piracy</quote> that the law aims to quash is a use that <quote>rob[s]
+the author of [his] profit.</quote><footnote><para>

 <!-- f4 -->
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777).
 </para></footnote>
 <!-- f4 -->
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777).
 </para></footnote>


@@ -3475,11 +3766,15 @@ law should seek to either prevent it or find an alternative to assure the
 author of his profit.
 </para>
 <para>
 author of his profit.
 </para>
 <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
 (and, arguably, off the Internet as well<footnote><para>
 <!-- f5 -->
 Peer-to-peer sharing was made famous by Napster. But the inventors of
 the Napster technology had not made any major technological
 innovations.  Like every great advance in innovation on the Internet
 (and, arguably, off the Internet as well<footnote><para>
 <!-- f5 -->

+<indexterm><primary>innovation</primary></indexterm>

 See Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The Revolutionary
 National Bestseller That Changed the Way We Do Business</citetitle> (New York:
 HarperBusiness, 2000). Professor Christensen examines why companies
 See Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The Revolutionary
 National Bestseller That Changed the Way We Do Business</citetitle> (New York:
 HarperBusiness, 2000). Professor Christensen examines why companies


@@ -3492,20 +3787,22 @@ Christensen's ideas, see Lawrence Lessig, <citetitle>Future</citetitle>, 89&ndas
 <indexterm><primary>Christensen, Clayton M.</primary></indexterm>
 </para></footnote>), Shawn Fanning and crew had simply
 put together components that had been developed independently.
 <indexterm><primary>Christensen, Clayton M.</primary></indexterm>
 </para></footnote>), Shawn Fanning and crew had simply
 put together components that had been developed independently.

-<indexterm><primary>Fanning, Shawn</primary></indexterm>

 </para>
 <para>
 </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
 system.<footnote><para>
 <!-- f6 -->
 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
 system.<footnote><para>
 <!-- f6 -->

-See Carolyn Lochhead, "Silicon Valley Dream, Hollywood Nightmare," <citetitle>San
-Francisco Chronicle</citetitle>, 24 September 2002, A1; "Rock 'n' Roll Suicide,"
-<citetitle>New Scientist</citetitle>, 6 July 2002, 42; Benny Evangelista, "Napster Names CEO,
-Secures New Financing," <citetitle>San Francisco Chronicle</citetitle>, 23 May 2003, C1;
-"Napster's Wake-Up Call," <citetitle>Economist</citetitle>, 24 June 2000, 23; John Naughton,
-"Hollywood at War with the Internet" (London) <citetitle>Times</citetitle>, 26 July 2002, 18.
+See Carolyn Lochhead, <quote>Silicon Valley Dream, Hollywood Nightmare,</quote> <citetitle>San
+Francisco Chronicle</citetitle>, 24 September 2002, A1; <quote>Rock 'n' Roll Suicide,</quote>
+<citetitle>New Scientist</citetitle>, 6 July 2002, 42; Benny Evangelista, <quote>Napster Names CEO,
+Secures New Financing,</quote> <citetitle>San Francisco Chronicle</citetitle>, 23 May 2003, C1;
+<quote>Napster's Wake-Up Call,</quote> <citetitle>Economist</citetitle>, 24 June 2000, 23; John Naughton,
+<quote>Hollywood at War with the Internet</quote> (London) <citetitle>Times</citetitle>, 26 July 2002, 18.

 </para></footnote>
 Courts quickly shut Napster down, but other services emerged
 to take its place. (Kazaa is currently the most popular p2p service. It
 </para></footnote>
 Courts quickly shut Napster down, but other services emerged
 to take its place. (Kazaa is currently the most popular p2p service. It


@@ -3515,6 +3812,7 @@ users to make content available to any number of other users. With a
 p2p system, you can share your favorite songs with your best friend&mdash;
 or your 20,000 best friends.
 </para>
 p2p system, you can share your favorite songs with your best friend&mdash;
 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
 <para>
 According to a number of estimates, a huge proportion of Americans
 have tasted file-sharing technology. A study by Ipsos-Insight in


@@ -3531,11 +3829,11 @@ A survey by the NPD group quoted in <citetitle>The New York Times</citetitle>
 estimated that 43 million citizens used file-sharing networks to
 exchange content in May 2003.<footnote><para>
 <!-- f8 -->
 estimated that 43 million citizens used file-sharing networks to
 exchange content in May 2003.<footnote><para>
 <!-- f8 -->

-Amy Harmon, "Industry Offers a Carrot in Online Music Fight," <citetitle>New
+Amy Harmon, <quote>Industry Offers a Carrot in Online Music Fight,</quote> <citetitle>New

 York Times</citetitle>, 6 June 2003, A1.
 </para></footnote>
 The vast majority of these are not kids. Whatever the actual figure, a
 York Times</citetitle>, 6 June 2003, A1.
 </para></footnote>
 The vast majority of these are not kids. Whatever the actual figure, a

-massive quantity of content is being "taken" on these networks. The
+massive quantity of content is being <quote>taken</quote> on these networks. The

 ease and inexpensiveness of file-sharing networks have inspired
 millions to enjoy music in a way that they hadn't before.
 </para>
 ease and inexpensiveness of file-sharing networks have inspired
 millions to enjoy music in a way that they hadn't before.
 </para>


@@ -3554,7 +3852,9 @@ File sharers share different kinds of content. We can divide these
 different kinds into four types.
 </para>
 <orderedlist numeration="upperalpha">
 different kinds into four types.
 </para>
 <orderedlist numeration="upperalpha">

-<listitem><para>
+<listitem>
+<indexterm><primary>Madonna</primary></indexterm>
+<para>

 <!-- A. -->
 There are some who use sharing networks as substitutes for purchasing
 content. Thus, when a new Madonna CD is released, rather than buying
 <!-- A. -->
 There are some who use sharing networks as substitutes for purchasing
 content. Thus, when a new Madonna CD is released, rather than buying


@@ -3563,7 +3863,6 @@ everyone who takes it would actually have bought it if sharing didn't
 make it available for free. Most probably wouldn't have, but clearly
 there are some who would.  The latter are the target of category A:
 users who download instead of purchasing.
 make it available for free. Most probably wouldn't have, but clearly
 there are some who would.  The latter are the target of category A:
 users who download instead of purchasing.

-<indexterm><primary>Madonna</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- B. -->
 </para></listitem>
 <listitem><para>
 <!-- B. -->


@@ -3584,7 +3883,7 @@ because the transaction costs off the Net are too high. This use of
 sharing networks is among the most rewarding for many. Songs that were
 part of your childhood but have long vanished from the marketplace
 magically appear again on the network. (One friend told me that when
 sharing networks is among the most rewarding for many. Songs that were
 part of your childhood but have long vanished from the marketplace
 magically appear again on the network. (One friend told me that when

-she discovered Napster, she spent a solid weekend "recalling" old
+she discovered Napster, she spent a solid weekend <quote>recalling</quote> old

 songs. She was astonished at the range and mix of content that was
 available.)  For content not sold, this is still technically a
 violation of copyright, though because the copyright owner is not
 songs. She was astonished at the range and mix of content that was
 available.)  For content not sold, this is still technically a
 violation of copyright, though because the copyright owner is not


@@ -3624,23 +3923,25 @@ Whether on balance sharing is harmful depends importantly on how
 harmful type A sharing is. Just as Edison complained about Hollywood,
 composers complained about piano rolls, recording artists complained
 about radio, and broadcasters complained about cable TV, the music
 harmful type A sharing is. Just as Edison complained about Hollywood,
 composers complained about piano rolls, recording artists complained
 about radio, and broadcasters complained about cable TV, the music

-industry complains that type A sharing is a kind of "theft" that is
-"devastating" the industry.
+industry complains that type A sharing is a kind of <quote>theft</quote> that is
+<quote>devastating</quote> the industry.

 </para>
 </para>

+<indexterm id='idxcassette' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 While the numbers do suggest that sharing is harmful, how
 harmful is harder to reckon. It has long been the recording industry's
 practice to blame technology for any drop in sales. The history of
 cassette recording is a good example. As a study by Cap Gemini Ernst
 <para>
 While the numbers do suggest that sharing is harmful, how
 harmful is harder to reckon. It has long been the recording industry's
 practice to blame technology for any drop in sales. The history of
 cassette recording is a good example. As a study by Cap Gemini Ernst

-&amp; Young put it, "Rather than exploiting this new, popular
-technology, the labels fought it."<footnote><para>
+&amp; Young put it, <quote>Rather than exploiting this new, popular
+technology, the labels fought it.</quote><footnote><para>

 <!-- f10 -->
 <!-- f10 -->

+<indexterm><primary>cassette recording</primary></indexterm>

 See Cap Gemini Ernst &amp; Young, <citetitle>Technology Evolution and the
 Music Industry's Business Model Crisis</citetitle> (2003), 3. This report
 describes the music industry's effort to stigmatize the budding
 practice of cassette taping in the 1970s, including an advertising
 See Cap Gemini Ernst &amp; Young, <citetitle>Technology Evolution and the
 Music Industry's Business Model Crisis</citetitle> (2003), 3. This report
 describes the music industry's effort to stigmatize the budding
 practice of cassette taping in the 1970s, including an advertising

-campaign featuring a cassette-shape skull and the caption "Home taping
-is killing music."  At the time digital audio tape became a threat,
+campaign featuring a cassette-shape skull and the caption <quote>Home taping
+is killing music.</quote>  At the time digital audio tape became a threat,

 the Office of Technical Assessment conducted a survey of consumer
 behavior. In 1988, 40 percent of consumers older than ten had taped
 music to a cassette format. U.S.  Congress, Office of Technology
 the Office of Technical Assessment conducted a survey of consumer
 behavior. In 1988, 40 percent of consumers older than ten had taped
 music to a cassette format. U.S.  Congress, Office of Technology


@@ -3652,18 +3953,20 @@ when record sales fell by 11.4 percent in 1981, the industry claimed
 that its point was proved. Technology was the problem, and banning or
 regulating technology was the answer.
 </para>
 that its point was proved. Technology was the problem, and banning or
 regulating technology was the answer.
 </para>

+<indexterm><primary>MTV</primary></indexterm>

 <para>
 Yet soon thereafter, and before Congress was given an opportunity
 to enact regulation, MTV was launched, and the industry had a record
 <para>
 Yet soon thereafter, and before Congress was given an opportunity
 to enact regulation, MTV was launched, and the industry had a record

-turnaround. "In the end," Cap Gemini concludes, "the `crisis' . . . was
+turnaround. <quote>In the end,</quote> Cap Gemini concludes, <quote>the `crisis' &hellip; was

 not the fault of the tapers&mdash;who did not [stop after MTV came into
 <!-- PAGE BREAK 83 -->
 being]&mdash;but had to a large extent resulted from stagnation in musical
 not the fault of the tapers&mdash;who did not [stop after MTV came into
 <!-- PAGE BREAK 83 -->
 being]&mdash;but had to a large extent resulted from stagnation in musical

-innovation at the major labels."<footnote><para>
+innovation at the major labels.</quote><footnote><para>

 <!-- f11 -->
 U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4.
 </para></footnote>
 </para>
 <!-- f11 -->
 U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4.
 </para></footnote>
 </para>

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

 <para>
 But just because the industry was wrong before does not mean it is
 wrong today. To evaluate the real threat that p2p sharing presents to
 <para>
 But just because the industry was wrong before does not mean it is
 wrong today. To evaluate the real threat that p2p sharing presents to


@@ -3677,7 +3980,7 @@ sharing is, and how beneficial the other types of sharing are.
 <para>
 We start to answer this question by focusing on the net harm, from the
 standpoint of the industry as a whole, that sharing networks cause.
 <para>
 We start to answer this question by focusing on the net harm, from the
 standpoint of the industry as a whole, that sharing networks cause.

-The "net harm" to the industry as a whole is the amount by which type
+The <quote>net harm</quote> to the industry as a whole is the amount by which type

 A sharing exceeds type B. If the record companies sold more records
 through sampling than they lost through substitution, then sharing
 networks would actually benefit music companies on balance. They would
 A sharing exceeds type B. If the record companies sold more records
 through sampling than they lost through substitution, then sharing
 networks would actually benefit music companies on balance. They would


@@ -3685,6 +3988,7 @@ therefore have little <emphasis>static</emphasis> reason to resist
 them.
 
 </para>
 them.
 
 </para>

+<indexterm id='idxcdssales' class='startofrange'><primary>CDs</primary><secondary>sales levels of</secondary></indexterm>

 <para>
 Could that be true? Could the industry as a whole be gaining because
 of file sharing? Odd as that might sound, the data about CD sales
 <para>
 Could that be true? Could the industry as a whole be gaining because
 of file sharing? Odd as that might sound, the data about CD sales


@@ -3701,35 +4005,35 @@ available at
 report indicates even greater losses. See Recording Industry
 Association of America, <citetitle>Some Facts About Music Piracy</citetitle>, 25 June 2003,
 available at <ulink url="http://free-culture.cc/notes/">link
 report indicates even greater losses. See Recording Industry
 Association of America, <citetitle>Some Facts About Music Piracy</citetitle>, 25 June 2003,
 available at <ulink url="http://free-culture.cc/notes/">link

-#16</ulink>: "In the past four years, unit shipments of recorded music
+#16</ulink>: <quote>In the past four years, unit shipments of recorded music

 have fallen by 26 percent from 1.16 billion units in to 860 million
 units in 2002 in the United States (based on units shipped).  In terms
 of sales, revenues are down 14 percent, from $14.6 billion in to $12.6
 billion last year (based on U.S. dollar value of shipments). The music
 industry worldwide has gone from a $39 billion industry in 2000 down
 to a $32 billion industry in 2002 (based on U.S. dollar value of
 have fallen by 26 percent from 1.16 billion units in to 860 million
 units in 2002 in the United States (based on units shipped).  In terms
 of sales, revenues are down 14 percent, from $14.6 billion in to $12.6
 billion last year (based on U.S. dollar value of shipments). The music
 industry worldwide has gone from a $39 billion industry in 2000 down
 to a $32 billion industry in 2002 (based on U.S. dollar value of

-shipments)."
+shipments).</quote>

 </para></footnote>
 This confirms a trend over the past few years. The RIAA blames
 Internet piracy for the trend, though there are many other causes that
 could account for this drop. SoundScan, for example, reports a more
 than 20 percent drop in the number of CDs released since 1999. That no
 doubt accounts for some of the decrease in sales. Rising prices could
 </para></footnote>
 This confirms a trend over the past few years. The RIAA blames
 Internet piracy for the trend, though there are many other causes that
 could account for this drop. SoundScan, for example, reports a more
 than 20 percent drop in the number of CDs released since 1999. That no
 doubt accounts for some of the decrease in sales. Rising prices could

-account for at least some of the loss. "From 1999 to 2001, the average
-price of a CD rose 7.2 percent, from $13.04 to $14.19."<footnote>
+account for at least some of the loss. <quote>From 1999 to 2001, the average
+price of a CD rose 7.2 percent, from $13.04 to $14.19.</quote><footnote>

 <!-- f13 -->
 <para>
 <!-- f13 -->
 <para>

-Jane Black, "Big Music's Broken Record," BusinessWeek online, 13 
+Jane Black, <quote>Big Music's Broken Record,</quote> BusinessWeek online, 13 

 February 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #17</ulink>.
 <indexterm><primary>Black, Jane</primary></indexterm>
 </para>
 </footnote>
 Competition from other forms of media could also account for some of
 February 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #17</ulink>.
 <indexterm><primary>Black, Jane</primary></indexterm>
 </para>
 </footnote>
 Competition from other forms of media could also account for some of

-the decline. As Jane Black of <citetitle>BusinessWeek</citetitle> notes, "The
+the decline. As Jane Black of <citetitle>BusinessWeek</citetitle> notes, <quote>The

 soundtrack to the film <citetitle>High Fidelity</citetitle> has a list price of
 $18.98. You could get the whole movie [on DVD] for
 soundtrack to the film <citetitle>High Fidelity</citetitle> has a list price of
 $18.98. You could get the whole movie [on DVD] for

-$19.99."<footnote><para>
+$19.99.</quote><footnote><para>

 <!-- f14 -->
 Ibid.
 </para></footnote>
 <!-- f14 -->
 Ibid.
 </para></footnote>


@@ -3747,18 +4051,19 @@ free, sales revenue fell by just 6.7 percent.
 <para>
 There are too many different things happening at the same time to
 explain these numbers definitively, but one conclusion is unavoidable:
 <para>
 There are too many different things happening at the same time to
 explain these numbers definitively, but one conclusion is unavoidable:

-The recording industry constantly asks, "What's the difference between
-downloading a song and stealing a CD?"&mdash;but their own numbers
+The recording industry constantly asks, <quote>What's the difference between
+downloading a song and stealing a CD?</quote>&mdash;but their own numbers

 reveal the difference. If I steal a CD, then there is one less CD to
 sell. Every taking is a lost sale. But on the basis of the numbers the
 RIAA provides, it is absolutely clear that the same is not true of
 downloads. If every download were a lost sale&mdash;if every use of
 reveal the difference. If I steal a CD, then there is one less CD to
 sell. Every taking is a lost sale. But on the basis of the numbers the
 RIAA provides, it is absolutely clear that the same is not true of
 downloads. If every download were a lost sale&mdash;if every use of

-Kazaa "rob[bed] the author of [his] profit"&mdash;then the industry
+Kazaa <quote>rob[bed] the author of [his] profit</quote>&mdash;then the industry

 would have suffered a 100 percent drop in sales last year, not a 7
 percent drop. If 2.6 times the number of CDs sold were downloaded for
 free, and yet sales revenue dropped by just 6.7 percent, then there is
 would have suffered a 100 percent drop in sales last year, not a 7
 percent drop. If 2.6 times the number of CDs sold were downloaded for
 free, and yet sales revenue dropped by just 6.7 percent, then there is

-a huge difference between "downloading a song and stealing a CD."
+a huge difference between <quote>downloading a song and stealing a CD.</quote>

 </para>
 </para>

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

 <para>
 These are the harms&mdash;alleged and perhaps exaggerated but, let's
 assume, real. What of the benefits? File sharing may impose costs on
 <para>
 These are the harms&mdash;alleged and perhaps exaggerated but, let's
 assume, real. What of the benefits? File sharing may impose costs on


@@ -3785,6 +4090,7 @@ available, the vast majority of it is unavailable solely because the
 publisher or the distributor has decided it no longer makes economic
 sense <emphasis>to the company</emphasis> to make it available.
 </para>
 publisher or the distributor has decided it no longer makes economic
 sense <emphasis>to the company</emphasis> to make it available.
 </para>

+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>

 <para>
 In real space&mdash;long before the Internet&mdash;the market had a simple
 <!-- PAGE BREAK 85 -->
 <para>
 In real space&mdash;long before the Internet&mdash;the market had a simple
 <!-- PAGE BREAK 85 -->


@@ -3792,15 +4098,16 @@ response to this problem: used book and record stores. There are
 thousands of used book and used record stores in America
 today.<footnote><para>
 <!-- f16 -->
 thousands of used book and used record stores in America
 today.<footnote><para>
 <!-- f16 -->

-While there are not good estimates of the number of used record stores in
-existence, in 2002, there were 7,198 used book dealers in the United States,
-an increase of 20 percent since 1993. See Book Hunter Press, <citetitle>The Quiet
-Revolution: The Expansion of the Used Book Market</citetitle> (2002), available at 
-<ulink url="http://free-culture.cc/notes/">link #19</ulink>. Used records accounted for $260 million in sales in 2002. See 
-               National
-Association of Recording Merchandisers, "2002 Annual Survey 
-               Results,"
-available at 
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>
+While there are not good estimates of the number of used record stores
+in existence, in 2002, there were 7,198 used book dealers in the
+United States, an increase of 20 percent since 1993. See Book Hunter
+Press, <citetitle>The Quiet Revolution: The Expansion of the Used Book
+Market</citetitle> (2002), available at
+<ulink url="http://free-culture.cc/notes/">link #19</ulink>. Used
+records accounted for $260 million in sales in 2002. See National
+Association of Recording Merchandisers, <quote>2002 Annual Survey
+Results,</quote> available at

 <ulink url="http://free-culture.cc/notes/">link #20</ulink>.
 </para></footnote>
 These stores buy content from owners, then sell the content they
 <ulink url="http://free-culture.cc/notes/">link #20</ulink>.
 </para></footnote>
 These stores buy content from owners, then sell the content they


@@ -3812,14 +4119,16 @@ money from the content they sell; but as with cable companies before
 statutory licensing, they don't have to pay the copyright owner for
 the content they sell.
 </para>
 statutory licensing, they don't have to pay the copyright owner for
 the content they sell.
 </para>

+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 <indexterm><primary>Bernstein, Leonard</primary></indexterm>
 <indexterm><primary>Bernstein, Leonard</primary></indexterm>

+<indexterm id='idxinternetbookson' class='startofrange'><primary>Internet</primary><secondary>books on</secondary></indexterm>

 <para>
 Type C sharing, then, is very much like used book stores or used
 record stores. It is different, of course, because the person making
 the content available isn't making money from making the content
 available.  It is also different, of course, because in real space,
 when I sell a record, I don't have it anymore, while in cyberspace,
 <para>
 Type C sharing, then, is very much like used book stores or used
 record stores. It is different, of course, because the person making
 the content available isn't making money from making the content
 available.  It is also different, of course, because in real space,
 when I sell a record, I don't have it anymore, while in cyberspace,

-when someone shares my 1949 recording of Bernstein's "Two Love Songs,"
+when someone shares my 1949 recording of Bernstein's <quote>Two Love Songs,</quote>

 I still have it. That difference would matter economically if the
 owner of the copyright were selling the record in competition to my
 sharing. But we're talking about the class of content that is not
 I still have it. That difference would matter economically if the
 owner of the copyright were selling the record in competition to my
 sharing. But we're talking about the class of content that is not


@@ -3834,6 +4143,9 @@ stores. Or put differently, if you think that type C sharing should be
 stopped, do you think that libraries and used book stores should be
 shut as well?
 </para>
 stopped, do you think that libraries and used book stores should be
 shut as well?
 </para>

+<indexterm id='idxbooksfreeonline1' class='startofrange'><primary>books</primary><secondary>free on-line releases of</secondary></indexterm>
+<indexterm><primary>Doctorow, Cory</primary></indexterm>
+<indexterm><primary>Down and Out in the Magic Kingdom (Doctorow)</primary></indexterm>

 <para>
 Finally, and perhaps most importantly, file-sharing networks enable
 type D sharing to occur&mdash;the sharing of content that copyright owners
 <para>
 Finally, and perhaps most importantly, file-sharing networks enable
 type D sharing to occur&mdash;the sharing of content that copyright owners


@@ -3844,13 +4156,14 @@ the Magic Kingdom</citetitle>, both free on-line and in bookstores on the same
 
 <!-- PAGE BREAK 86 -->
 day. His (and his publisher's) thinking was that the on-line distribution
 
 <!-- PAGE BREAK 86 -->
 day. His (and his publisher's) thinking was that the on-line distribution

-would be a great advertisement for the "real" book. People would read
+would be a great advertisement for the <quote>real</quote> book. People would read

 part on-line, and then decide whether they liked the book or not. If
 they liked it, they would be more likely to buy it. Doctorow's content is
 type D content. If sharing networks enable his work to be spread, then
 both he and society are better off. (Actually, much better off: It is a
 great book!)
 </para>
 part on-line, and then decide whether they liked the book or not. If
 they liked it, they would be more likely to buy it. Doctorow's content is
 type D content. If sharing networks enable his work to be spread, then
 both he and society are better off. (Actually, much better off: It is a
 great book!)
 </para>

+<indexterm startref='idxbooksfreeonline1' class='endofrange'/>

 <para>
 Likewise for work in the public domain: This sharing benefits society
 with no legal harm to authors at all. If efforts to solve the problem
 <para>
 Likewise for work in the public domain: This sharing benefits society
 with no legal harm to authors at all. If efforts to solve the problem


@@ -3859,15 +4172,17 @@ lose something important in order to protect type A content.
 </para>
 <para>
 The point throughout is this: While the recording industry
 </para>
 <para>
 The point throughout is this: While the recording industry

-understandably says, "This is how much we've lost," we must also ask,
-"How much has society gained from p2p sharing? What are the
+understandably says, <quote>This is how much we've lost,</quote> we must also ask,
+<quote>How much has society gained from p2p sharing? What are the

 efficiencies?  What is the content that otherwise would be
 efficiencies?  What is the content that otherwise would be

-unavailable?"
+unavailable?</quote>

 </para>
 </para>

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

 <para>
 For unlike the piracy I described in the first section of this
 <para>
 For unlike the piracy I described in the first section of this

-chapter, much of the "piracy" that file sharing enables is plainly
-legal and good.  And like the piracy I described in chapter 4, much of
+chapter, much of the <quote>piracy</quote> that file sharing enables is plainly
+legal and good.  And like the piracy I described in chapter
+<xref xrefstyle="select: labelnumber" linkend="pirates"/>, much of

 this piracy is motivated by a new way of spreading content caused by
 changes in the technology of distribution. Thus, consistent with the
 tradition that gave us Hollywood, radio, the recording industry, and
 this piracy is motivated by a new way of spreading content caused by
 changes in the technology of distribution. Thus, consistent with the
 tradition that gave us Hollywood, radio, the recording industry, and


@@ -3878,22 +4193,21 @@ balance. The law should seek that balance, and that balance will be
 found only with time.
 </para>
 <para>
 found only with time.
 </para>
 <para>

-"But isn't the war just a war against illegal sharing? Isn't the target
-just what you call type A sharing?"
+<quote>But isn't the war just a war against illegal sharing? Isn't the target
+just what you call type A sharing?</quote>

 </para>
 <para>
 </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
 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
 <!-- 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

-"down to zero."<footnote><para>
+<quote>down to zero.</quote><footnote><para>

 <!-- f17 -->
 See Transcript of Proceedings, In Re: Napster Copyright Litigation at 34-
 35 (N.D. Cal., 11 July 2001), nos. MDL-00-1369 MHP, C 99-5183
 <!-- f17 -->
 See Transcript of Proceedings, In Re: Napster Copyright Litigation at 34-
 35 (N.D. Cal., 11 July 2001), nos. MDL-00-1369 MHP, C 99-5183


@@ -3925,18 +4239,31 @@ 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>

-<para>
-So, as we've seen, when "mechanical reproduction" threatened the
+<indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm><primary>composers, copyright protections of</primary></indexterm>
+<indexterm id='idxcongressusoncopyrightlaws2' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressusonrecordingindustry2' class='startofrange'><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxcopyrightlawonmusicrecordings2' class='startofrange'><primary>copyright law</primary><secondary>on music recordings</secondary></indexterm>
+<indexterm id='idxcopyrightlawstatutorylicensesin2' class='startofrange'><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>
+<indexterm><primary>radio</primary><secondary>music recordings played on</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>copyright protections in</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm><primary>statutory licenses</primary></indexterm>
+<indexterm><primary>composer's rights vs. producers' rights in</primary></indexterm>
+<para>
+So, as we've seen, when <quote>mechanical reproduction</quote> threatened the

 interests of composers, Congress balanced the rights of composers
 against the interests of the recording industry. It granted rights to
 composers, but also to the recording artists: Composers were to be
 paid, but at a price set by Congress. But when radio started
 broadcasting the recordings made by these recording artists, and they
 interests of composers, Congress balanced the rights of composers
 against the interests of the recording industry. It granted rights to
 composers, but also to the recording artists: Composers were to be
 paid, but at a price set by Congress. But when radio started
 broadcasting the recordings made by these recording artists, and they

-complained to Congress that their "creative property" was not being
+complained to Congress that their <quote>creative property</quote> was not being

 respected (since the radio station did not have to pay them for the
 creativity it broadcast), Congress rejected their claim. An indirect
 benefit was enough.
 </para>
 respected (since the radio station did not have to pay them for the
 creativity it broadcast), Congress rejected their claim. An indirect
 benefit was enough.
 </para>

+<indexterm id='idxcabletv2' class='startofrange'><primary>cable television</primary></indexterm>

 <para>
 Cable TV followed the pattern of record albums. When the courts
 rejected the claim that cable broadcasters had to pay for the content
 <para>
 Cable TV followed the pattern of record albums. When the courts
 rejected the claim that cable broadcasters had to pay for the content


@@ -3945,6 +4272,7 @@ compensation, but at a level set by the law. It likewise gave cable
 companies the right to the content, so long as they paid the statutory
 price.
 </para>
 companies the right to the content, so long as they paid the statutory
 price.
 </para>

+<indexterm startref='idxcongressusonrecordingindustry2' class='endofrange'/>

 <para>
 
 <!-- PAGE BREAK 88 -->
 <para>
 
 <!-- PAGE BREAK 88 -->


@@ -3963,7 +4291,11 @@ Congress chose a path that would assure
 <emphasis>compensation</emphasis> without giving the past
 (broadcasters) control over the future (cable).
 </para>
 <emphasis>compensation</emphasis> without giving the past
 (broadcasters) control over the future (cable).
 </para>

-<indexterm><primary>Betamax</primary></indexterm>
+<indexterm startref='idxcopyrightlawonmusicrecordings2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawstatutorylicensesin2' class='endofrange'/>
+<indexterm startref='idxcabletv2' class='endofrange'/>
+<indexterm id='idxbetamax' class='startofrange'><primary>Betamax</primary></indexterm>
+<indexterm id='idxcassettevcrs1' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 In the same year that Congress struck this balance, two major
 producers and distributors of film content filed a lawsuit against
 <para>
 In the same year that Congress struck this balance, two major
 producers and distributors of film content filed a lawsuit against


@@ -3972,17 +4304,18 @@ them today, VCRs) that Sony had produced, the Betamax. Disney's and
 Universal's claim against Sony was relatively simple: Sony produced a
 device, Disney and Universal claimed, that enabled consumers to engage
 in copyright infringement. Because the device that Sony built had a
 Universal's claim against Sony was relatively simple: Sony produced a
 device, Disney and Universal claimed, that enabled consumers to engage
 in copyright infringement. Because the device that Sony built had a

-"record" button, the device could be used to record copyrighted movies
+<quote>record</quote> button, the device could be used to record copyrighted movies

 and shows. Sony was therefore benefiting from the copyright
 infringement of its customers. It should therefore, Disney and
 Universal claimed, be partially liable for that infringement.
 </para>
 and shows. Sony was therefore benefiting from the copyright
 infringement of its customers. It should therefore, Disney and
 Universal claimed, be partially liable for that infringement.
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws2' class='endofrange'/>

 <para>
 There was something to Disney's and Universal's claim. Sony did
 decide to design its machine to make it very simple to record television
 shows. It could have built the machine to block or inhibit any direct
 copying from a television broadcast. Or possibly, it could have built the
 <para>
 There was something to Disney's and Universal's claim. Sony did
 decide to design its machine to make it very simple to record television
 shows. It could have built the machine to block or inhibit any direct
 copying from a television broadcast. Or possibly, it could have built the

-machine to copy only if there were a special "copy me" signal on the
+machine to copy only if there were a special <quote>copy me</quote> signal on the

 line. It was clear that there were many television shows that did not
 grant anyone permission to copy. Indeed, if anyone had asked, no
 doubt the majority of shows would not have authorized copying. And
 line. It was clear that there were many television shows that did not
 grant anyone permission to copy. Indeed, if anyone had asked, no
 doubt the majority of shows would not have authorized copying. And


@@ -3992,55 +4325,58 @@ 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
 <para>
 MPAA president Jack Valenti became the studios' most vocal

-champion. Valenti called VCRs "tapeworms." He warned, "When there are
+champion. Valenti called VCRs <quote>tapeworms.</quote> He warned, <quote>When there are

 20, 30, 40 million of these VCRs in the land, we will be invaded by
 millions of `tapeworms,' eating away at the very heart and essence of
 the most precious asset the copyright owner has, his
 20, 30, 40 million of these VCRs in the land, we will be invaded by
 millions of `tapeworms,' eating away at the very heart and essence of
 the most precious asset the copyright owner has, his

-copyright."<footnote><para>
+copyright.</quote><footnote><para>

 <!-- f18 -->
 Copyright Infringements (Audio and Video Recorders): Hearing on
 S. 1758 Before the Senate Committee on the Judiciary, 97th Cong., 1st
 and 2nd sess., 459 (1982) (testimony of Jack Valenti, president, Motion
 Picture Association of America, Inc.).
 </para></footnote>
 <!-- f18 -->
 Copyright Infringements (Audio and Video Recorders): Hearing on
 S. 1758 Before the Senate Committee on the Judiciary, 97th Cong., 1st
 and 2nd sess., 459 (1982) (testimony of Jack Valenti, president, Motion
 Picture Association of America, Inc.).
 </para></footnote>

-"One does not have to be trained in sophisticated marketing and
-creative judgment," he told Congress, "to understand the devastation
+<quote>One does not have to be trained in sophisticated marketing and
+creative judgment,</quote> he told Congress, <quote>to understand the devastation

 on the after-theater marketplace caused by the hundreds of millions of
 tapings that will adversely impact on the future of the creative
 community in this country. It is simply a question of basic economics
 on the after-theater marketplace caused by the hundreds of millions of
 tapings that will adversely impact on the future of the creative
 community in this country. It is simply a question of basic economics

-and plain common sense."<footnote><para>
+and plain common sense.</quote><footnote><para>

 <!-- f19 -->
 Copyright Infringements (Audio and Video Recorders), 475.
 </para></footnote>
 <!-- f19 -->
 Copyright Infringements (Audio and Video Recorders), 475.
 </para></footnote>

-Indeed, as surveys would later show,
+Indeed, as surveys would later show, 45

 percent of VCR owners had movie libraries of ten videos or more<footnote><para>
 <!-- f20 -->
 <citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony Corp. of America</citetitle>, 480 F. Supp. 429,
 (C.D. Cal., 1979).
 </para></footnote>
 percent of VCR owners had movie libraries of ten videos or more<footnote><para>
 <!-- f20 -->
 <citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony Corp. of America</citetitle>, 480 F. Supp. 429,
 (C.D. Cal., 1979).
 </para></footnote>

-&mdash; a use the Court would later hold was not "fair." By
-"allowing VCR owners to copy freely by the means of an exemption from
-copyright infringementwithout creating a mechanism to compensate
-copyrightowners," Valenti testified, Congress would "take from the
+&mdash; a use the Court would later hold was not <quote>fair.</quote> By
+<quote>allowing VCR owners to copy freely by the means of an exemption from
+copyright infringement without creating a mechanism to compensate
+copyright owners,</quote> Valenti testified, Congress would <quote>take from the

 owners the very essence of their property: the exclusive right to
 control who may use their work, that is, who may copy it and thereby
 owners the very essence of their property: the exclusive right to
 control who may use their work, that is, who may copy it and thereby

-profit from its reproduction."<footnote><para>
+profit from its reproduction.</quote><footnote><para>

 <!-- f21 -->
 Copyright Infringements (Audio and Video Recorders), 485 (testimony
 of Jack Valenti).
 </para></footnote>
 </para>
 <!-- f21 -->
 Copyright Infringements (Audio and Video Recorders), 485 (testimony
 of Jack Valenti).
 </para></footnote>
 </para>

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

 <para>
 It took eight years for this case to be resolved by the Supreme
 Court. In the interim, the Ninth Circuit Court of Appeals, which
 includes Hollywood in its jurisdiction&mdash;leading Judge Alex
 <para>
 It took eight years for this case to be resolved by the Supreme
 Court. In the interim, the Ninth Circuit Court of Appeals, which
 includes Hollywood in its jurisdiction&mdash;leading Judge Alex

-Kozinski, who sits on that court, refers to it as the "Hollywood
-Circuit"&mdash;held that Sony would be liable for the copyright
+Kozinski, who sits on that court, refers to it as the <quote>Hollywood
+Circuit</quote>&mdash;held that Sony would be liable for the copyright

 infringement made possible by its machines. Under the Ninth Circuit's
 rule, this totally familiar technology&mdash;which Jack Valenti had
 infringement made possible by its machines. Under the Ninth Circuit's
 rule, this totally familiar technology&mdash;which Jack Valenti had

-called "the Boston Strangler of the American film industry" (worse
+called <quote>the Boston Strangler of the American film industry</quote> (worse

 yet, it was a <emphasis>Japanese</emphasis> Boston Strangler of the
 American film industry)&mdash;was an illegal
 technology.<footnote><para>
 yet, it was a <emphasis>Japanese</emphasis> Boston Strangler of the
 American film industry)&mdash;was an illegal
 technology.<footnote><para>


@@ -4048,6 +4384,7 @@ technology.<footnote><para>
 <citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony Corp. of America</citetitle>, 659 F. 2d 963 (9th Cir.
 1981).
 </para></footnote>
 <citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony Corp. of America</citetitle>, 659 F. 2d 963 (9th Cir.
 1981).
 </para></footnote>

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

 </para>
 <para>
 But the Supreme Court reversed the decision of the Ninth Circuit.
 </para>
 <para>
 But the Supreme Court reversed the decision of the Ninth Circuit.


@@ -4073,21 +4410,21 @@ 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
 ignored the request. Congress was convinced that American film got
 <para>
 Congress was asked to respond to the Supreme Court's decision.  But as
 with the plea of recording artists about radio broadcasts, Congress
 ignored the request. Congress was convinced that American film got

-enough, this "taking" notwithstanding.  If we put these cases
+enough, this <quote>taking</quote> notwithstanding.  If we put these cases

 together, a pattern is clear:
 </para>
 
 together, a pattern is clear:
 </para>
 

-<table id="t1">
-<title>Table</title>
-<tgroup cols="4" align="char">
+<informaltable id="t1">
+<tgroup cols="4" align="left">

 <thead>
  <row>
  <entry>CASE</entry>
 <thead>
  <row>
  <entry>CASE</entry>

- <entry>WHOSE VALUE WAS "PIRATED"</entry>
+ <entry>WHOSE VALUE WAS <quote>PIRATED</quote></entry>

  <entry>RESPONSE OF THE COURTS</entry>
  <entry>RESPONSE OF CONGRESS</entry>
  </row>
  <entry>RESPONSE OF THE COURTS</entry>
  <entry>RESPONSE OF CONGRESS</entry>
  </row>


@@ -4119,8 +4456,8 @@ together, a pattern is clear:
  </row>
 </tbody>
 </tgroup>
  </row>
 </tbody>
 </tgroup>

-</table>
-
+</informaltable>
+<indexterm startref='idxcassettevcrs1' class='endofrange'/>

 <para>
 In each case throughout our history, a new technology changed the
 way content was distributed.<footnote><para>
 <para>
 In each case throughout our history, a new technology changed the
 way content was distributed.<footnote><para>


@@ -4133,12 +4470,13 @@ controlling the technology of DAT. See Audio Home Recording Act of
 1992 (Title 17 of the <citetitle>United States Code</citetitle>), Pub. L. No. 102-563, 106 Stat.
 4237, codified at 17 U.S.C. §1001. Again, however, this regulation did not
 eliminate the opportunity for free riding in the sense I've described. See
 1992 (Title 17 of the <citetitle>United States Code</citetitle>), Pub. L. No. 102-563, 106 Stat.
 4237, codified at 17 U.S.C. §1001. Again, however, this regulation did not
 eliminate the opportunity for free riding in the sense I've described. See

-Lessig, <citetitle>Future</citetitle>, 71. See also Picker, "From Edison to the Broadcast Flag,"
+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.
 <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,

-that change meant that someone got a "free ride" on someone else's
+that change meant that someone got a <quote>free ride</quote> on someone else's

 work.
 </para>
 <para>
 work.
 </para>
 <para>


@@ -4146,13 +4484,14 @@ In <emphasis>none</emphasis> of these cases did either the courts or
 Congress eliminate all free riding. In <emphasis>none</emphasis> of
 these cases did the courts or Congress insist that the law should
 assure that the copyright holder get all the value that his copyright
 Congress eliminate all free riding. In <emphasis>none</emphasis> of
 these cases did the courts or Congress insist that the law should
 assure that the copyright holder get all the value that his copyright

-created. In every case, the copyright owners complained of "piracy."
+created. In every case, the copyright owners complained of <quote>piracy.</quote>

 In every case, Congress acted to recognize some of the legitimacy in
 In every case, Congress acted to recognize some of the legitimacy in

-the behavior of the "pirates." In each case, Congress allowed some new
+the behavior of the <quote>pirates.</quote> In each case, Congress allowed some new

 technology to benefit from content made before. It balanced the
 interests at stake.
 <!-- PAGE BREAK 91 -->
 </para>
 technology to benefit from content made before. It balanced the
 interests at stake.
 <!-- PAGE BREAK 91 -->
 </para>

+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 When you think across these examples, and the other examples that
 make up the first four chapters of this section, this balance makes
 <para>
 When you think across these examples, and the other examples that
 make up the first four chapters of this section, this balance makes


@@ -4165,11 +4504,12 @@ 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,

-copyright "has never accorded the copyright owner complete control
-over all possible uses of his work."<footnote><para>
+copyright <quote>has never accorded the copyright owner complete control
+over all possible uses of his work.</quote><footnote><para>

 <!-- f25 -->
 <citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., 464 U.S. 417,
 (1984).
 <!-- f25 -->
 <citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., 464 U.S. 417,
 (1984).


@@ -4185,7 +4525,7 @@ facilitate the distribution of content.
 We should be doing the same thing today. The technology of the
 Internet is changing quickly. The way people connect to the Internet
 (wires vs. wireless) is changing very quickly. No doubt the network
 We should be doing the same thing today. The technology of the
 Internet is changing quickly. The way people connect to the Internet
 (wires vs. wireless) is changing very quickly. No doubt the network

-should not become a tool for "stealing" from artists. But neither
+should not become a tool for <quote>stealing</quote> from artists. But neither

 should the law become a tool to entrench one particular way in which
 artists (or more accurately, distributors) get paid. As I describe in
 some detail in the last chapter of this book, we should be securing
 should the law become a tool to entrench one particular way in which
 artists (or more accurately, distributors) get paid. As I describe in
 some detail in the last chapter of this book, we should be securing


@@ -4202,45 +4542,49 @@ This is especially true when a new technology enables a vastly
 superior mode of distribution. And this p2p has done. P2p technologies
 can be ideally efficient in moving content across a widely diverse
 network.  Left to develop, they could make the network vastly more
 superior mode of distribution. And this p2p has done. P2p technologies
 can be ideally efficient in moving content across a widely diverse
 network.  Left to develop, they could make the network vastly more

-efficient.  Yet these "potential public benefits," as John Schwartz
-writes in <citetitle>The New York Times</citetitle>, "could be delayed in the P2P
-fight."<footnote><para>
+efficient.  Yet these <quote>potential public benefits,</quote> as John Schwartz
+writes in <citetitle>The New York Times</citetitle>, <quote>could be delayed in the P2P
+fight.</quote><footnote><para>

 <!-- f26 -->
 <!-- f26 -->

-John Schwartz, "New Economy: The Attack on Peer-to-Peer Software
-Echoes Past Efforts," <citetitle>New York Times</citetitle>, 22 September 2003, C3.
+John Schwartz, <quote>New Economy: The Attack on Peer-to-Peer Software
+Echoes Past Efforts,</quote> <citetitle>New York Times</citetitle>, 22 September 2003, C3.

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

-Yet when anyone begins to talk about "balance," the copyright warriors
-raise a different argument. "All this hand waving about balance and
-incentives," they say, "misses a fundamental point. Our content," the
-warriors insist, "is our <emphasis>property</emphasis>. Why should we
-wait for Congress to `rebalance' our property rights? Do you have to
-wait before calling the police when your car has been stolen? And why
-should Congress deliberate at all about the merits of this theft? Do
-we ask whether the car thief had a good use for the car before we
-arrest him?"

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

-"It is <emphasis>our property</emphasis>," the warriors insist. "And
-it should be protected just as any other property is protected."
+<emphasis role='strong'>Yet when anyone</emphasis> begins to talk
+about <quote>balance,</quote> the copyright warriors raise a different
+argument. <quote>All this hand waving about balance and
+incentives,</quote> they say, <quote>misses a fundamental point. Our
+content,</quote> the warriors insist, <quote>is our
+<emphasis>property</emphasis>. Why should we wait for Congress to
+`rebalance' our property rights? Do you have to wait before calling
+the police when your car has been stolen? And why should Congress
+deliberate at all about the merits of this theft? Do we ask whether
+the car thief had a good use for the car before we arrest him?</quote>
+</para>
+<para>
+<quote>It is <emphasis>our property</emphasis>,</quote> the warriors
+insist. <quote>And it should be protected just as any other property
+is protected.</quote>

 </para>
 <!-- PAGE BREAK 93 -->
 </section>
 </chapter>
 </part>
 <part id="c-property">
 </para>
 <!-- PAGE BREAK 93 -->
 </section>
 </chapter>
 </part>
 <part id="c-property">

-<title>"PROPERTY"</title>
+<title><quote>PROPERTY</quote></title>

 <partintro>
 <para>
 
 <!-- PAGE BREAK 94 -->
 <partintro>
 <para>
 
 <!-- PAGE BREAK 94 -->

-The copyright warriors are right: A copyright is a kind of
-property. It can be owned and sold, and the law protects against its
-theft. Ordinarily, the copyright owner gets to hold out for any price he
-wants. Markets reckon the supply and demand that partially determine
-the price she can get.
+<emphasis role='strong'>The copyright warriors</emphasis> are right: A
+copyright is a kind of property. It can be owned and sold, and the law
+protects against its theft. Ordinarily, the copyright owner gets to
+hold out for any price he wants. Markets reckon the supply and demand
+that partially determine the price she can get.

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

-But in ordinary language, to call a copyright a "property" right is a
+But in ordinary language, to call a copyright a <quote>property</quote> right is a

 bit misleading, for the property of copyright is an odd kind of
 property.  Indeed, the very idea of property in any idea or any
 expression is very odd. I understand what I am taking when I take the
 bit misleading, for the property of copyright is an odd kind of
 property.  Indeed, the very idea of property in any idea or any
 expression is very odd. I understand what I am taking when I take the


@@ -4251,6 +4595,7 @@ 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


@@ -4261,15 +4606,16 @@ range of exceptions&mdash;ideas released to the world are free. I don't
 take anything from you when I copy the way you dress&mdash;though I
 might seem weird if I did it every day, and especially weird if you are a
 woman. Instead, as Thomas Jefferson said (and as is especially true
 take anything from you when I copy the way you dress&mdash;though I
 might seem weird if I did it every day, and especially weird if you are a
 woman. Instead, as Thomas Jefferson said (and as is especially true

-when I copy the way someone else dresses), "He who receives an idea
+when I copy the way someone else dresses), <quote>He who receives an idea

 from me, receives instruction himself without lessening mine; as he who
 from me, receives instruction himself without lessening mine; as he who

-lights his taper at mine, receives light without darkening me."<footnote><para>
+lights his taper at mine, receives light without darkening me.</quote><footnote><para>

 <!-- f1 -->
 Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in
 <citetitle>The Writings of Thomas Jefferson</citetitle>, vol. 6 (Andrew A. Lipscomb and Albert
 Ellery Bergh, eds., 1903), 330, 333&ndash;34.
 </para></footnote>
 </para>
 <!-- f1 -->
 Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in
 <citetitle>The Writings of Thomas Jefferson</citetitle>, vol. 6 (Andrew A. Lipscomb and Albert
 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


@@ -4282,55 +4628,69 @@ property.
 But how, and to what extent, and in what form&mdash;the details,
 in other words&mdash;matter. To get a good sense of how this practice
 of turning the intangible into property emerged, we need to place this
 But how, and to what extent, and in what form&mdash;the details,
 in other words&mdash;matter. To get a good sense of how this practice
 of turning the intangible into property emerged, we need to place this

-"property" in its proper context.<footnote><para>
+<quote>property</quote> in its proper context.<footnote><para>

 <!-- f2 -->
 As the legal realists taught American law, all property rights are
 intangible.  A property right is simply a right that an individual has
 against the world to do or not do certain things that may or may not
 attach to a physical object. The right itself is intangible, even if
 the object to which it is (metaphorically) attached is tangible. See
 <!-- f2 -->
 As the legal realists taught American law, all property rights are
 intangible.  A property right is simply a right that an individual has
 against the world to do or not do certain things that may or may not
 attach to a physical object. The right itself is intangible, even if
 the object to which it is (metaphorically) attached is tangible. See

-Adam Mossoff, "What Is Property?  Putting the Pieces Back Together,"
+Adam Mossoff, <quote>What Is Property?  Putting the Pieces Back Together,</quote>

 <citetitle>Arizona Law Review</citetitle> 45 (2003): 373, 429 n. 241.
 </para></footnote>
 </para>
 <para>
 My strategy in doing this will be the same as my strategy in the
 preceding part. I offer four stories to help put the idea of
 <citetitle>Arizona Law Review</citetitle> 45 (2003): 373, 429 n. 241.
 </para></footnote>
 </para>
 <para>
 My strategy in doing this will be the same as my strategy in the
 preceding part. I offer four stories to help put the idea of

-"copyright material is property" in context. Where did the idea come
+<quote>copyright material is property</quote> in context. Where did the idea come

 from? What are its limits? How does it function in practice? After
 these stories, the significance of this true
 from? What are its limits? How does it function in practice? After
 these stories, the significance of this true

-statement&mdash;"copyright material is property"&mdash; will be a bit
+statement&mdash;<quote>copyright material is property</quote>&mdash; will be a bit

 more clear, and its implications will be revealed as quite different
 from the implications that the copyright warriors would have us draw.
 </para>
 </partintro>
 
 <!-- PAGE BREAK 96 -->
 more clear, and its implications will be revealed as quite different
 from the implications that the copyright warriors would have us draw.
 </para>
 </partintro>
 
 <!-- PAGE BREAK 96 -->

-<chapter id="founders">
+<chapter label="6" id="founders">

 <title>CHAPTER SIX: Founders</title>
 <title>CHAPTER SIX: Founders</title>

-<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
-Shakespeare had written. He would continue to write plays through
-1613, and the plays that he wrote have continued to define
-Anglo-American culture ever since. So deeply have the works of a
-sixteenth-century writer seeped into our culture that we often don't
-even recognize their source.  I once overheard someone commenting on
-Kenneth Branagh's adaptation of Henry V: "I liked it, but Shakespeare
-is so full of clichés."
-</para>
+<indexterm id='idxbooksenglishcopyrightlawdevelopedfor' class='startofrange'><primary>books</primary><secondary>English copyright law developed for</secondary></indexterm>
+<indexterm id='idxcopyrightlawdevelopmentof' class='startofrange'><primary>copyright law</primary><secondary>development of</secondary></indexterm>
+<indexterm id='idxcopyrightlawenglish' class='startofrange'><primary>copyright law</primary><secondary>English</secondary></indexterm>
+<indexterm id='idxenglandcopyrightlawsdevelopedin' class='startofrange'><primary>England, copyright laws developed in</primary></indexterm>
+<indexterm id='idxunitedkingdomhistoryofcopyrightlawin' class='startofrange'><primary>United Kingdom</primary><secondary>history of copyright law in</secondary></indexterm>
+<indexterm><primary>Branagh, Kenneth</primary></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
+published in 1597. It was the eleventh major play that Shakespeare had
+written. He would continue to write plays through 1613, and the plays
+that he wrote have continued to define Anglo-American culture ever
+since. So deeply have the works of a sixteenth-century writer seeped
+into our culture that we often don't even recognize their source.  I
+once overheard someone commenting on Kenneth Branagh's adaptation of
+Henry V: <quote>I liked it, but Shakespeare is so full of
+clichés.</quote>
+</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
 <para>
 In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was written, the

-"copy-right" for the work was still thought by many to be the exclusive
+<quote>copy-right</quote> for the work was still thought by many to be the exclusive

 right of a single London publisher, Jacob Tonson.<footnote><para>
 <!-- f1 -->
 right of a single London publisher, Jacob Tonson.<footnote><para>
 <!-- f1 -->

+<indexterm><primary>Jonson, Ben</primary></indexterm>
+<indexterm><primary>Dryden, John</primary></indexterm>

 Jacob Tonson is typically remembered for his associations with prominent
 eighteenth-century literary figures, especially John Dryden, and for his
 Jacob Tonson is typically remembered for his associations with prominent
 eighteenth-century literary figures, especially John Dryden, and for his

-handsome "definitive editions" of classic works. In addition to <citetitle>Romeo and
+handsome <quote>definitive editions</quote> of classic works. In addition to <citetitle>Romeo and

 Juliet</citetitle>, he published an astonishing array of works that still remain at the
 heart of the English canon, including collected works of Shakespeare, Ben
 Juliet</citetitle>, he published an astonishing array of works that still remain at the
 heart of the English canon, including collected works of Shakespeare, Ben

-Jonson, John Milton, and John Dryden. See Keith Walker, "Jacob Tonson,
-Bookseller," <citetitle>American Scholar</citetitle> 61:3 (1992): 424&ndash;31.
+Jonson, John Milton, and John Dryden. See Keith Walker, <quote>Jacob Tonson,
+Bookseller,</quote> <citetitle>American Scholar</citetitle> 61:3 (1992): 424&ndash;31.

 </para></footnote>
 Tonson was the most prominent of a small group of publishers called
 the Conger<footnote><para>
 </para></footnote>
 Tonson was the most prominent of a small group of publishers called
 the Conger<footnote><para>


@@ -4339,7 +4699,7 @@ Lyman Ray Patterson, <citetitle>Copyright in Historical Perspective</citetitle>
 Vanderbilt University Press, 1968), 151&ndash;52.
 </para></footnote>
 who controlled bookselling in England during the eighteenth
 Vanderbilt University Press, 1968), 151&ndash;52.
 </para></footnote>
 who controlled bookselling in England during the eighteenth

-century. The Conger claimed a perpetual right to control the "copy" of
+century. The Conger claimed a perpetual right to control the <quote>copy</quote> of

 books that they had acquired from authors. That perpetual right meant
 that no
 <!-- PAGE BREAK 97 -->
 books that they had acquired from authors. That perpetual right meant
 that no
 <!-- PAGE BREAK 97 -->


@@ -4347,49 +4707,64 @@ one else could publish copies of a book to which they held the
 copyright.  Prices of the classics were thus kept high; competition to
 produce better or cheaper editions was eliminated.
 </para>
 copyright.  Prices of the classics were thus kept high; competition to
 produce better or cheaper editions was eliminated.
 </para>

+<indexterm><primary>British Parliament</primary></indexterm>
+<indexterm id='idxcopyrightdurationof2' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>renewability of</secondary></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
 history of copyright is 1710, the year that the British Parliament
 <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
 history of copyright is 1710, the year that the British Parliament

-adopted the first "copyright" act. Known as the Statute of Anne, the
+adopted the first <quote>copyright</quote> act. Known as the Statute of Anne, the

 act stated that all published works would get a copyright term of
 fourteen years, renewable once if the author was alive, and that all
 works already published by 1710 would get a single term of twenty-one
 additional years.<footnote><para>
 <!-- f3 -->
 act stated that all published works would get a copyright term of
 fourteen years, renewable once if the author was alive, and that all
 works already published by 1710 would get a single term of twenty-one
 additional years.<footnote><para>
 <!-- f3 -->

-As Siva Vaidhyanathan nicely argues, it is erroneous to call this a
-"copyright law." See Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 40.

 <indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>
 <indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

+As Siva Vaidhyanathan nicely argues, it is erroneous to call this a
+<quote>copyright law.</quote> See Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 40.

 </para></footnote> Under this law, <citetitle>Romeo and Juliet</citetitle> should have been
 free in 1731. So why was there any issue about it still being under
 Tonson's control in 1774?
 </para>
 </para></footnote> Under this law, <citetitle>Romeo and Juliet</citetitle> should have been
 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 id='idxlawcommonvspositive' class='startofrange'><primary>law</primary><secondary>common vs. positive</secondary></indexterm>
+<indexterm><primary>positive law</primary></indexterm>
+<indexterm><primary>Licensing Act (1662)</primary></indexterm>

 <para>
 <para>

-The reason is that the English hadn't yet agreed on what a "copyright"
+The reason is that the English hadn't yet agreed on what a <quote>copyright</quote>

 was&mdash;indeed, no one had. At the time the English passed the
 Statute of Anne, there was no other legislation governing copyrights.
 The last law regulating publishers, the Licensing Act of 1662, had
 expired in 1695. That law gave publishers a monopoly over publishing,
 as a way to make it easier for the Crown to control what was
 published.  But after it expired, there was no positive law that said
 was&mdash;indeed, no one had. At the time the English passed the
 Statute of Anne, there was no other legislation governing copyrights.
 The last law regulating publishers, the Licensing Act of 1662, had
 expired in 1695. That law gave publishers a monopoly over publishing,
 as a way to make it easier for the Crown to control what was
 published.  But after it expired, there was no positive law that said

-that the publishers, or "Stationers," had an exclusive right to print
+that the publishers, or <quote>Stationers,</quote> had an exclusive right to print

 books.
 books.

-<indexterm><primary>Licensing Act (1662)</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcopyrightdurationof2' class='endofrange'/>
+<indexterm><primary>common law</primary></indexterm>

 <para>
 There was no <emphasis>positive</emphasis> law, but that didn't mean
 that there was no law. The Anglo-American legal tradition looks to
 both the words of legislatures and the words of judges to know the
 rules that are to govern how people are to behave. We call the words
 <para>
 There was no <emphasis>positive</emphasis> law, but that didn't mean
 that there was no law. The Anglo-American legal tradition looks to
 both the words of legislatures and the words of judges to know the
 rules that are to govern how people are to behave. We call the words

-from legislatures "positive law." We call the words from judges
-"common law." The common law sets the background against which
+from legislatures <quote>positive law.</quote> We call the words from judges
+<quote>common law.</quote> The common law sets the background against which

 legislatures legislate; the legislature, ordinarily, can trump that
 background only if it passes a law to displace it. And so the real
 question after the licensing statutes had expired was whether the
 common law protected a copyright, independent of any positive law.
 </para>
 legislatures legislate; the legislature, ordinarily, can trump that
 background only if it passes a law to displace it. And so the real
 question after the licensing statutes had expired was whether the
 common law protected a copyright, independent of any positive law.
 </para>

+<indexterm startref='idxlawcommonvspositive' class='endofrange'/>
+<indexterm><primary>Conger</primary></indexterm>
+<indexterm id='idxbritishparliament' class='startofrange'><primary>British Parliament</primary></indexterm>
+<indexterm><primary>Scottish publishers</primary></indexterm>
+<indexterm id='idxstatuteofanne' class='startofrange'><primary>Statute of Anne (1710)</primary></indexterm>

 <para>
 <para>

-This question was important to the publishers, or "booksellers," as
+This question was important to the publishers, or <quote>booksellers,</quote> as

 they were called, because there was growing competition from foreign
 publishers. The Scottish, in particular, were increasingly publishing
 and exporting books to England. That competition reduced the profits
 they were called, because there was growing competition from foreign
 publishers. The Scottish, in particular, were increasingly publishing
 and exporting books to England. That competition reduced the profits


@@ -4400,21 +4775,26 @@ to again give them exclusive control over publishing. That demand
                ultimately
 resulted in the Statute of Anne.
 </para>
                ultimately
 resulted in the Statute of Anne.
 </para>

+<indexterm id='idxcopyrightasnarrowmonopolyright' class='startofrange'><primary>copyright</primary><secondary>as narrow monopoly right</secondary></indexterm>

 <para>
 <para>

-The Statute of Anne granted the author or "proprietor" of a book an
+The Statute of Anne granted the author or <quote>proprietor</quote> of a book an

 exclusive right to print that book. In an important limitation,
 however, and to the horror of the booksellers, the law gave the
 bookseller that right for a limited term. At the end of that term, the
 exclusive right to print that book. In an important limitation,
 however, and to the horror of the booksellers, the law gave the
 bookseller that right for a limited term. At the end of that term, the

-copyright "expired," and the work would then be free and could be
+copyright <quote>expired,</quote> and the work would then be free and could be

 published by anyone. Or so the legislature is thought to have
 believed.
 </para>
 published by anyone. Or so the legislature is thought to have
 believed.
 </para>

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

 <para>
 Now, the thing to puzzle about for a moment is this: Why would
 Parliament limit the exclusive right? Not why would they limit it to
 the particular limit they set, but why would they limit the right
 <emphasis>at all?</emphasis>
 </para>
 <para>
 Now, the thing to puzzle about for a moment is this: Why would
 Parliament limit the exclusive right? Not why would they limit it to
 the particular limit they set, but why would they limit the right
 <emphasis>at all?</emphasis>
 </para>

+<indexterm startref='idxbritishparliament' class='endofrange'/>
+<indexterm><primary>Shakespeare, William</primary></indexterm>
+<indexterm><primary>Romeo and Juliet (Shakespeare)</primary></indexterm>

 <para>
 For the booksellers, and the authors whom they represented, had a very
 strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: That play
 <para>
 For the booksellers, and the authors whom they represented, had a very
 strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: That play


@@ -4424,20 +4804,22 @@ world. He didn't take anybody's property when he created this play
 this play, he didn't make it any harder for others to craft a play. So
 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
 this play, he didn't make it any harder for others to craft a play. So
 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 "steal" Shakespeare's work?
+reason is there to allow someone else to <quote>steal</quote> Shakespeare's work?

 </para>
 </para>

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

 <para>
 The answer comes in two parts. We first need to see something special
 <para>
 The answer comes in two parts. We first need to see something special

-about the notion of "copyright" that existed at the time of the
+about the notion of <quote>copyright</quote> that existed at the time of the

 Statute of Anne. Second, we have to see something important about
 Statute of Anne. Second, we have to see something important about

-"booksellers."
+<quote>booksellers.</quote>

 </para>
 </para>

+<indexterm><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>

 <para>
 First, about copyright. In the last three hundred years, we have come
 <para>
 First, about copyright. In the last three hundred years, we have come

-to apply the concept of "copyright" ever more broadly. But in 1710, it
+to apply the concept of <quote>copyright</quote> ever more broadly. But in 1710, it

 wasn't so much a concept as it was a very particular right. The
 copyright was born as a very specific set of restrictions: It forbade
 wasn't so much a concept as it was a very particular right. The
 copyright was born as a very specific set of restrictions: It forbade

-others from reprinting a book. In 1710, the "copy-right" was a right
+others from reprinting a book. In 1710, the <quote>copy-right</quote> was a right

 to use a particular machine to replicate a particular work. It did not
 go beyond that very narrow right. It did not control any more
 generally how
 to use a particular machine to replicate a particular work. It did not
 go beyond that very narrow right. It did not control any more
 generally how


@@ -4447,45 +4829,47 @@ 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>
+<indexterm><primary>Shakespeare, William</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

-term was that no one could reprint Shakespeare's work without the 
-               permission
-of the Shakespeare estate. It would not have controlled 
-               anything,
-for example, about how the work could be performed, whether
+term was that no one could reprint Shakespeare's work without the
+permission of the Shakespeare estate. It would not have controlled
+anything, for example, about how the work could be performed, whether

 the work could be translated, or whether Kenneth Branagh would be
 the work could be translated, or whether Kenneth Branagh would be

-allowed to make his films. The "copy-right" was only an exclusive right
-to print&mdash;no less, of course, but also no more.
+allowed to make his films. The <quote>copy-right</quote> was only an exclusive
+right to print&mdash;no less, of course, but also no more.

 </para>
 </para>

+<indexterm><primary>Henry VIII, King of England</primary></indexterm>
+<indexterm id='idxmonopolycopyrightas' class='startofrange'><primary>monopoly, copyright as</primary></indexterm>
+<indexterm><primary>Statute of Monopolies (1656)</primary></indexterm>

 <para>
 Even that limited right was viewed with skepticism by the British.
 <para>
 Even that limited right was viewed with skepticism by the British.

-They had had a long and ugly experience with "exclusive rights," 
-               especially
-"exclusive rights" granted by the Crown. The English had fought
-a civil war in part about the Crown's practice of handing out 
-               monopolies&mdash;especially
-monopolies for works that already existed. King Henry
-VIII granted a patent to print the Bible and a monopoly to Darcy to
-print playing cards. The English Parliament began to fight back
-against this power of the Crown. In 1656, it passed the Statute of 
-               Monopolies,
-limiting monopolies to patents for new inventions. And by
-1710, Parliament was eager to deal with the growing monopoly in
-publishing.
-</para>
-<para>
-Thus the "copy-right," when viewed as a monopoly right, was 
-               naturally
-viewed as a right that should be limited. (However convincing
-the claim that "it's my property, and I should have it forever," try
-sounding convincing when uttering, "It's my monopoly, and I should
-have it forever.") The state would protect the exclusive right, but only
-so long as it benefited society. The British saw the harms from 
-               specialinterest
-favors; they passed a law to stop them.
+They had had a long and ugly experience with <quote>exclusive rights,</quote>
+especially <quote>exclusive rights</quote> granted by the Crown. The English had
+fought a civil war in part about the Crown's practice of handing out
+monopolies&mdash;especially monopolies for works that already
+existed. King Henry VIII granted a patent to print the Bible and a
+monopoly to Darcy to print playing cards. The English Parliament began
+to fight back against this power of the Crown. In 1656, it passed the
+Statute of Monopolies, limiting monopolies to patents for new
+inventions. And by 1710, Parliament was eager to deal with the growing
+monopoly in publishing.
+</para>
+<para>
+Thus the <quote>copy-right,</quote> when viewed as a monopoly right, was naturally
+viewed as a right that should be limited. (However convincing the
+claim that <quote>it's my property, and I should have it forever,</quote> try
+sounding convincing when uttering, <quote>It's my monopoly, and I should
+have it forever.</quote>) The state would protect the exclusive right, but
+only so long as it benefited society. The British saw the harms from
+specialinterest favors; they passed a law to stop them.

 </para>
 </para>

+<indexterm><primary>Milton, John</primary></indexterm>
+<indexterm id='idxbooksellersenglish' class='startofrange'><primary>booksellers, English</primary></indexterm>
+<indexterm><primary>Conger</primary></indexterm>
+<indexterm id='idxcopyrightdurationof3' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>

 <para>
 Second, about booksellers. It wasn't just that the copyright was a
 monopoly. It was also that it was a monopoly held by the booksellers.
 <para>
 Second, about booksellers. It wasn't just that the copyright was a
 monopoly. It was also that it was a monopoly held by the booksellers.


@@ -4496,16 +4880,18 @@ as harmless in seventeenth-century England. Members of the Conger
 were increasingly seen as monopolists of the worst
 kind&mdash;tools of the Crown's repression, selling the liberty of
 England to guarantee themselves a monopoly profit. The attacks against
 were increasingly seen as monopolists of the worst
 kind&mdash;tools of the Crown's repression, selling the liberty of
 England to guarantee themselves a monopoly profit. The attacks against

-these monopolists were harsh: Milton described them as "old patentees
-and monopolizers in the trade of book-selling"; they were "men who do
+these monopolists were harsh: Milton described them as <quote>old patentees
+and monopolizers in the trade of book-selling</quote>; they were <quote>men who do

 not therefore labour in an honest profession to which learning is
 not therefore labour in an honest profession to which learning is

-indetted."<footnote><para>
+indetted.</quote><footnote><para>

 
 <!-- f4 -->
 Philip Wittenberg, <citetitle>The Protection and Marketing of Literary
 Property</citetitle> (New York: J. Messner, Inc., 1937), 31.
 </para></footnote>
 </para>
 
 <!-- f4 -->
 Philip Wittenberg, <citetitle>The Protection and Marketing of Literary
 Property</citetitle> (New York: J. Messner, Inc., 1937), 31.
 </para></footnote>
 </para>

+<indexterm><primary>Enlightenment</primary></indexterm>
+<indexterm><primary>knowledge, freedom of</primary></indexterm>

 <para>
 Many believed the power the booksellers exercised over the spread of
 knowledge was harming that spread, just at the time the Enlightenment
 <para>
 Many believed the power the booksellers exercised over the spread of
 knowledge was harming that spread, just at the time the Enlightenment


@@ -4514,6 +4900,7 @@ generally. The idea that knowledge should be free was a hallmark of
 the time, and these powerful commercial interests were interfering
 with that idea.
 </para>
 the time, and these powerful commercial interests were interfering
 with that idea.
 </para>

+<indexterm id='idxbritishparliament2' class='startofrange'><primary>British Parliament</primary></indexterm>

 <para>
 To balance this power, Parliament decided to increase competition
 among booksellers, and the simplest way to do that was to spread the
 <para>
 To balance this power, Parliament decided to increase competition
 among booksellers, and the simplest way to do that was to spread the


@@ -4526,6 +4913,9 @@ to fight the power of the booksellers. The limitation on terms was
 an indirect way to assure competition among publishers, and thus the
 construction and spread of culture.
 </para>
 an indirect way to assure competition among publishers, and thus the
 construction and spread of culture.
 </para>

+<indexterm id='idxstatuteofanne2' class='startofrange'><primary>Statute of Anne (1710)
+</primary></indexterm>
+<indexterm id='idxcopyrightinperpetuity' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>

 <para>
 When 1731 (1710 + 21) came along, however, the booksellers were
 getting anxious. They saw the consequences of more competition, and
 <para>
 When 1731 (1710 + 21) came along, however, the booksellers were
 getting anxious. They saw the consequences of more competition, and


@@ -4561,6 +4951,11 @@ al., 8, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxstatuteofanne2' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity' class='endofrange'/>
+<indexterm><primary>common law</primary></indexterm>
+<indexterm><primary>law</primary><secondary>common vs. positive</secondary></indexterm>
+<indexterm><primary>positive law</primary></indexterm>

 <para>
 Having failed in Parliament, the publishers turned to the courts in a
 series of cases. Their argument was simple and direct: The Statute of
 <para>
 Having failed in Parliament, the publishers turned to the courts in a
 series of cases. Their argument was simple and direct: The Statute of


@@ -4568,7 +4963,7 @@ Anne gave authors certain protections through positive law, but those
 protections were not intended as replacements for the common law.
 Instead, they were intended simply to supplement the common law.
 Under common law, it was already wrong to take another person's
 protections were not intended as replacements for the common law.
 Instead, they were intended simply to supplement the common law.
 Under common law, it was already wrong to take another person's

-creative "property" and use it without his permission. The Statute of
+creative <quote>property</quote> and use it without his permission. The Statute of

 Anne, the booksellers argued, didn't change that. Therefore, just
 because the protections of the Statute of Anne expired, that didn't
 mean the protections of the common law expired: Under the common law
 Anne, the booksellers argued, didn't change that. Therefore, just
 because the protections of the Statute of Anne expired, that didn't
 mean the protections of the common law expired: Under the common law


@@ -4576,21 +4971,26 @@ they had the right to ban the publication of a book, even if its
 Statute of Anne copyright had expired. This, they argued, was the only
 way to protect authors.
 </para>
 Statute of Anne copyright had expired. This, they argued, was the only
 way to protect authors.
 </para>

+<indexterm startref='idxbritishparliament2' class='endofrange'/>

 <para>
 This was a clever argument, and one that had the support of some of
 the leading jurists of the day. It also displayed extraordinary
 chutzpah.  Until then, as law professor Raymond Patterson has put it,
 <para>
 This was a clever argument, and one that had the support of some of
 the leading jurists of the day. It also displayed extraordinary
 chutzpah.  Until then, as law professor Raymond Patterson has put it,

-"The publishers . . . had as much concern for authors as a cattle
-rancher has for cattle."<footnote><para>
+<quote>The publishers &hellip; had as much concern for authors as a cattle
+rancher has for cattle.</quote><footnote><para>

 <!-- f6 -->
 <!-- f6 -->

-Lyman Ray Patterson, "Free Speech, Copyright, and Fair Use," <citetitle>Vanderbilt
+<indexterm><primary>Patterson, Raymond</primary></indexterm>
+<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>
+Lyman Ray Patterson, <quote>Free Speech, Copyright, and Fair Use,</quote> <citetitle>Vanderbilt

 Law Review</citetitle> 40 (1987): 28. For a wonderfully compelling account, see
 Vaidhyanathan, 37&ndash;48.
 Law Review</citetitle> 40 (1987): 28. For a wonderfully compelling account, see
 Vaidhyanathan, 37&ndash;48.

-<indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

 </para></footnote>
 The bookseller didn't care squat for the rights of the author.  His
 concern was the monopoly profit that the author's work gave.
 </para>
 </para></footnote>
 The bookseller didn't care squat for the rights of the author.  His
 concern was the monopoly profit that the author's work gave.
 </para>

+<indexterm id='idxdonaldsonalexander' class='startofrange'><primary>Donaldson, Alexander</primary></indexterm>
+<indexterm><primary>Patterson, Raymond</primary></indexterm>
+<indexterm id='idxscottishpublishers' class='startofrange'><primary>Scottish publishers</primary></indexterm>

 <para>
 The booksellers' argument was not accepted without a fight.
 The hero of this fight was a Scottish bookseller named Alexander
 <para>
 The booksellers' argument was not accepted without a fight.
 The hero of this fight was a Scottish bookseller named Alexander


@@ -4600,33 +5000,39 @@ For a compelling account, see David Saunders, <citetitle>Authorship and Copyrigh
 (London: Routledge, 1992), 62&ndash;69.
 </para></footnote>
 </para>
 (London: Routledge, 1992), 62&ndash;69.
 </para></footnote>
 </para>

+<indexterm id='idxstatuteofanne3' class='startofrange'><primary>Statute of Anne (1710)</primary></indexterm>
+<indexterm id='idxconger' class='startofrange'><primary>Conger</primary></indexterm>
+<indexterm><primary>Boswell, James</primary></indexterm>
+<indexterm><primary>Erskine, Andrew</primary></indexterm>

 <para>
 Donaldson was an outsider to the London Conger. He began his
 career in Edinburgh in 1750. The focus of his business was inexpensive
 <para>
 Donaldson was an outsider to the London Conger. He began his
 career in Edinburgh in 1750. The focus of his business was inexpensive

-reprints "of standard works whose copyright term had expired," at least
+reprints <quote>of standard works whose copyright term had expired,</quote> at least

 under the Statute of Anne.<footnote><para>
 <!-- f8 -->
 Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard University Press,
 1993), 92.
 under the Statute of Anne.<footnote><para>
 <!-- f8 -->
 Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard University Press,
 1993), 92.

+<indexterm><primary>Rose, Mark</primary></indexterm>

 </para></footnote>
 Donaldson's publishing house prospered
 <!-- PAGE BREAK 102 -->
 </para></footnote>
 Donaldson's publishing house prospered
 <!-- PAGE BREAK 102 -->

-and became "something of a center for literary Scotsmen." "[A]mong
-them," Professor Mark Rose writes, was "the young James Boswell
+and became <quote>something of a center for literary Scotsmen.</quote> <quote>[A]mong
+them,</quote> Professor Mark Rose writes, was <quote>the young James Boswell

 who, together with his friend Andrew Erskine, published an anthology
 who, together with his friend Andrew Erskine, published an anthology

-of contemporary Scottish poems with Donaldson."<footnote><para>
+of contemporary Scottish poems with Donaldson.</quote><footnote><para>

 <!-- f9 -->
 Ibid., 93.
 </para></footnote>
 <!-- f9 -->
 Ibid., 93.
 </para></footnote>

-<indexterm><primary>Erskine, Andrew</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxcommonlaw' class='startofrange'><primary>common law</primary></indexterm>

 <para>
 When the London booksellers tried to shut down Donaldson's shop in
 Scotland, he responded by moving his shop to London, where he sold
 <para>
 When the London booksellers tried to shut down Donaldson's shop in
 Scotland, he responded by moving his shop to London, where he sold

-inexpensive editions "of the most popular English books, in defiance
+inexpensive editions <quote>of the most popular English books, in defiance

 of the supposed common law right of Literary
 of the supposed common law right of Literary

-Property."<footnote><para>
+Property.</quote><footnote><para>

 <!-- f10 -->
 <!-- f10 -->

+<indexterm><primary>Patterson, Raymond</primary></indexterm>

 Lyman Ray Patterson, <citetitle>Copyright in Historical Perspective</citetitle>, 167 (quoting
 Borwell).
 </para></footnote>
 Lyman Ray Patterson, <citetitle>Copyright in Historical Perspective</citetitle>, 167 (quoting
 Borwell).
 </para></footnote>


@@ -4634,38 +5040,48 @@ His books undercut the Conger prices by 30 to 50 percent, and he
 rested his right to compete upon the ground that, under the Statute of
 Anne, the works he was selling had passed out of protection.
 </para>
 rested his right to compete upon the ground that, under the Statute of
 Anne, the works he was selling had passed out of protection.
 </para>

+<indexterm startref='idxconger' class='endofrange'/>
+<indexterm id='idxmillarvtaylor' class='startofrange'><primary>Millar v. Taylor</primary></indexterm>

 <para>
 <para>

-The London booksellers quickly brought suit to block "piracy" like
-Donaldson's. A number of actions were successful against the "pirates,"
+The London booksellers quickly brought suit to block <quote>piracy</quote> like
+Donaldson's. A number of actions were successful against the <quote>pirates,</quote>

 the most important early victory being <citetitle>Millar</citetitle> v. <citetitle>Taylor</citetitle>.
 </para>
 the most important early victory being <citetitle>Millar</citetitle> v. <citetitle>Taylor</citetitle>.
 </para>

+<indexterm startref='idxdonaldsonalexander' class='endofrange'/>
+<indexterm startref='idxscottishpublishers' class='endofrange'/>
+<indexterm id='idxthomsonjames' class='startofrange'><primary>Thomson, James</primary></indexterm>
+<indexterm id='idxcopyrightinperpetuity2' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm><primary>Seasons, The (Thomson)</primary></indexterm>
+<indexterm><primary>Taylor, Robert</primary></indexterm>

 <para>
 Millar was a bookseller who in 1729 had purchased the rights to James
 <para>
 Millar was a bookseller who in 1729 had purchased the rights to James

-Thomson's poem "The Seasons." Millar complied with the requirements of
+Thomson's poem <quote>The Seasons.</quote> Millar complied with the requirements of

 the Statute of Anne, and therefore received the full protection of the
 statute. After the term of copyright ended, Robert Taylor began
 printing a competing volume. Millar sued, claiming a perpetual common
 law right, the Statute of Anne notwithstanding.<footnote><para>
 <!-- f11 -->
 the Statute of Anne, and therefore received the full protection of the
 statute. After the term of copyright ended, Robert Taylor began
 printing a competing volume. Millar sued, claiming a perpetual common
 law right, the Statute of Anne notwithstanding.<footnote><para>
 <!-- f11 -->

-Howard B. Abrams, "The Historic Foundation of American Copyright Law:
-Exploding the Myth of Common Law Copyright," <citetitle>Wayne Law Review</citetitle> 29
+Howard B. Abrams, <quote>The Historic Foundation of American Copyright Law:
+Exploding the Myth of Common Law Copyright,</quote> <citetitle>Wayne Law Review</citetitle> 29

 (1983): 1152.
 </para></footnote>
 </para>
 (1983): 1152.
 </para></footnote>
 </para>

-<indexterm id="idxmansfield2" class='startofrange'>
-  <primary>Mansfield, William Murray, Lord</primary>
-</indexterm>
+<indexterm id='idxmansfieldwilliammurraylord2' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>

 <para>
 Astonishingly to modern lawyers, one of the greatest judges in English
 history, Lord Mansfield, agreed with the booksellers. Whatever
 protection the Statute of Anne gave booksellers, it did not, he held,
 extinguish any common law right. The question was whether the common
 <para>
 Astonishingly to modern lawyers, one of the greatest judges in English
 history, Lord Mansfield, agreed with the booksellers. Whatever
 protection the Statute of Anne gave booksellers, it did not, he held,
 extinguish any common law right. The question was whether the common

-law would protect the author against subsequent "pirates."
+law would protect the author against subsequent <quote>pirates.</quote>

 Mansfield's answer was yes: The common law would bar Taylor from
 reprinting Thomson's poem without Millar's permission. That common law
 rule thus effectively gave the booksellers a perpetual right to
 control the publication of any book assigned to them.
 </para>
 Mansfield's answer was yes: The common law would bar Taylor from
 reprinting Thomson's poem without Millar's permission. That common law
 rule thus effectively gave the booksellers a perpetual right to
 control the publication of any book assigned to them.
 </para>

+<indexterm startref='idxcommonlaw' class='endofrange'/>
+<indexterm startref='idxthomsonjames' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity2' class='endofrange'/>
+<indexterm id='idxbritishparliament3' class='startofrange'><primary>British Parliament</primary></indexterm>

 <para>
 Considered as a matter of abstract justice&mdash;reasoning as if
 justice were just a matter of logical deduction from first
 <para>
 Considered as a matter of abstract justice&mdash;reasoning as if
 justice were just a matter of logical deduction from first


@@ -4680,12 +5096,17 @@ a reasonable period of time. Within twenty-one years, Parliament
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>

-<indexterm startref="idxmansfield2" class='endofrange'/>
+<indexterm startref='idxmansfieldwilliammurraylord2' class='endofrange'/>
+<indexterm id='idxdonaldsonalexander2' class='startofrange'><primary>Donaldson, Alexander</primary></indexterm>
+<indexterm id='idxscottishpublishers2' class='startofrange'><primary>Scottish publishers</primary></indexterm>

 <para>
 The fight to defend the limits of the Statute of Anne was not to end
 there, however, and it is here that Donaldson enters the mix.
 </para>
 <para>
 The fight to defend the limits of the Statute of Anne was not to end
 there, however, and it is here that Donaldson enters the mix.
 </para>

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

 <indexterm><primary>Beckett, Thomas</primary></indexterm>
 <indexterm><primary>Beckett, Thomas</primary></indexterm>

+<indexterm id='idxhouseoflords' class='startofrange'><primary>House of Lords</primary></indexterm>
+<indexterm id='idxsupremecourtushouseoflordsvs' class='startofrange'><primary>Supreme Court, U.S.</primary><secondary>House of Lords vs.</secondary></indexterm>

 <para>
 Millar died soon after his victory, so his case was not appealed. His
 estate sold Thomson's poems to a syndicate of printers that included
 <para>
 Millar died soon after his victory, so his case was not appealed. His
 estate sold Thomson's poems to a syndicate of printers that included


@@ -4700,6 +5121,10 @@ the House of Lords, which functioned much like our own Supreme
 Court. In February of 1774, that body had the chance to interpret the
 meaning of Parliament's limits from sixty years before.
 </para>
 Court. In February of 1774, that body had the chance to interpret the
 meaning of Parliament's limits from sixty years before.
 </para>

+<indexterm startref='idxmillarvtaylor' class='endofrange'/>
+<indexterm startref='idxbritishparliament3' class='endofrange'/>
+<indexterm id='idxdonaldsonvbeckett' class='startofrange'><primary>Donaldson v. Beckett</primary></indexterm>
+<indexterm id='idxcommonlaw2' class='startofrange'><primary>common law</primary></indexterm>

 <para>
 As few legal cases ever do, <citetitle>Donaldson</citetitle> v. <citetitle>Beckett</citetitle> drew an
 enormous amount of attention throughout Britain. Donaldson's lawyers
 <para>
 As few legal cases ever do, <citetitle>Donaldson</citetitle> v. <citetitle>Beckett</citetitle> drew an
 enormous amount of attention throughout Britain. Donaldson's lawyers


@@ -4710,13 +5135,17 @@ publication came from that statute. Thus, they argued, after the term
 specified in the Statute of Anne expired, works that had been
 protected by the statute were no longer protected.
 </para>
 specified in the Statute of Anne expired, works that had been
 protected by the statute were no longer protected.
 </para>

+<indexterm startref='idxstatuteofanne3' class='endofrange'/>

 <para>
 The House of Lords was an odd institution. Legal questions were
 <para>
 The House of Lords was an odd institution. Legal questions were

-presented to the House and voted upon first by the "law lords,"
+presented to the House and voted upon first by the <quote>law lords,</quote>

 members of special legal distinction who functioned much like the
 Justices in our Supreme Court. Then, after the law lords voted, the
 House of Lords generally voted.
 </para>
 members of special legal distinction who functioned much like the
 Justices in our Supreme Court. Then, after the law lords voted, the
 House of Lords generally voted.
 </para>

+<indexterm startref='idxsupremecourtushouseoflordsvs' class='endofrange'/>
+<indexterm id='idxcopyrightinperpetuity3' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm id='idxpublicdomainenglishlegalestablishmentof' class='startofrange'><primary>public domain</primary><secondary>English legal establishment of</secondary></indexterm>

 <para>
 The reports about the law lords' votes are mixed. On some counts,
 it looks as if perpetual copyright prevailed. But there is no ambiguity
 <para>
 The reports about the law lords' votes are mixed. On some counts,
 it looks as if perpetual copyright prevailed. But there is no ambiguity


@@ -4727,8 +5156,13 @@ Whatever one's understanding of the common law, now a copyright was
 fixed for a limited time, after which the work protected by copyright
 passed into the public domain.
 </para>
 fixed for a limited time, after which the work protected by copyright
 passed into the public domain.
 </para>

+<indexterm><primary>Bacon, Francis</primary></indexterm>
+<indexterm><primary>Bunyan, John</primary></indexterm>
+<indexterm><primary>Johnson, Samuel</primary></indexterm>
+<indexterm><primary>Milton, John</primary></indexterm>
+<indexterm><primary>Shakespeare, William</primary></indexterm>

 <para>
 <para>

-"The public domain." Before the case of <citetitle>Donaldson</citetitle>
+<quote>The public domain.</quote> Before the case of <citetitle>Donaldson</citetitle>

 v. <citetitle>Beckett</citetitle>, there was no clear idea of a public domain in
 England. Before 1774, there was a strong argument that common law
 copyrights were perpetual.  After 1774, the public domain was
 v. <citetitle>Beckett</citetitle>, there was no clear idea of a public domain in
 England. Before 1774, there was a strong argument that common law
 copyrights were perpetual.  After 1774, the public domain was


@@ -4736,26 +5170,28 @@ born. For the first time in Anglo-American history, the legal control
 over creative works expired, and the greatest works in English
 history&mdash;including those of Shakespeare, Bacon, Milton, Johnson,
 and Bunyan&mdash;were free of legal restraint.
 over creative works expired, and the greatest works in English
 history&mdash;including those of Shakespeare, Bacon, Milton, Johnson,
 and Bunyan&mdash;were free of legal restraint.

-<indexterm><primary>Bacon, Francis</primary></indexterm>
-<indexterm><primary>Bunyan, John</primary></indexterm>
-<indexterm><primary>Johnson, Samuel</primary></indexterm>
-<indexterm><primary>Milton, John</primary></indexterm>
-<indexterm><primary>Shakespeare, William</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxdonaldsonalexander2' class='endofrange'/>
+<indexterm startref='idxscottishpublishers2' class='endofrange'/>
+<indexterm startref='idxcommonlaw2' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity3' class='endofrange'/>
+<indexterm startref='idxpublicdomainenglishlegalestablishmentof' class='endofrange'/>
+<indexterm><primary>Scottish publishers</primary></indexterm>

 <para>
 It is hard for us to imagine, but this decision by the House of Lords
 fueled an extraordinarily popular and political reaction. In Scotland,
 <para>
 It is hard for us to imagine, but this decision by the House of Lords
 fueled an extraordinarily popular and political reaction. In Scotland,

-where most of the "pirate publishers" did their work, people
+where most of the <quote>pirate publishers</quote> did their work, people

 celebrated the decision in the streets. As the <citetitle>Edinburgh Advertiser</citetitle>
 celebrated the decision in the streets. As the <citetitle>Edinburgh Advertiser</citetitle>

-reported, "No private cause has so much engrossed the attention of the
+reported, <quote>No private cause has so much engrossed the attention of the

 public, and none has been tried before the House of Lords in the
 public, and none has been tried before the House of Lords in the

-decision of which so many individuals were interested." "Great
+decision of which so many individuals were interested.</quote> <quote>Great

 rejoicing in Edinburgh upon victory over literary property: bonfires
 rejoicing in Edinburgh upon victory over literary property: bonfires

-and illuminations."<footnote><para>
+and illuminations.</quote><footnote><para>

 <!-- f13 -->
 Rose, 97.
 </para></footnote>
 </para>
 <!-- f13 -->
 Rose, 97.
 </para></footnote>
 </para>

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

 <para>
 In London, however, at least among publishers, the reaction was
 equally strong in the opposite direction. The <citetitle>Morning Chronicle</citetitle>
 <para>
 In London, however, at least among publishers, the reaction was
 equally strong in the opposite direction. The <citetitle>Morning Chronicle</citetitle>


@@ -4763,7 +5199,7 @@ reported:
 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>

-By the above decision . . . near 200,000 pounds worth of what was
+By the above decision &hellip; near 200,000 pounds worth of what was

 honestly purchased at public sale, and which was yesterday thought
 property is now reduced to nothing. The Booksellers of London and
 Westminster, many of whom sold estates and houses to purchase
 honestly purchased at public sale, and which was yesterday thought
 property is now reduced to nothing. The Booksellers of London and
 Westminster, many of whom sold estates and houses to purchase


@@ -4776,9 +5212,11 @@ Ibid.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm><primary>House of Lords</primary></indexterm>
+<indexterm><primary>free culture</primary><secondary>English legal establishment of</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 105 -->
 <para>
 <!-- PAGE BREAK 105 -->

-"Ruined" is a bit of an exaggeration. But it is not an exaggeration to
+<quote>Ruined</quote> is a bit of an exaggeration. But it is not an exaggeration to

 say that the change was profound. The decision of the House of Lords
 meant that the booksellers could no longer control how culture in
 England would grow and develop. Culture in England was thereafter
 say that the change was profound. The decision of the House of Lords
 meant that the booksellers could no longer control how culture in
 England would grow and develop. Culture in England was thereafter


@@ -4798,28 +5236,46 @@ context</emphasis>, not a context in which the choices about what
 culture is available to people and how they get access to it are made
 by the few despite the wishes of the many.
 </para>
 culture is available to people and how they get access to it are made
 by the few despite the wishes of the many.
 </para>

+<indexterm startref='idxbooksellersenglish' class='endofrange'/>
+<indexterm><primary>British Parliament</primary></indexterm>

 <para>
 At least, this was the rule in a world where the Parliament is
 antimonopoly, resistant to the protectionist pleas of publishers. In a
 world where the Parliament is more pliant, free culture would be less
 protected.
 </para>
 <para>
 At least, this was the rule in a world where the Parliament is
 antimonopoly, resistant to the protectionist pleas of publishers. In a
 world where the Parliament is more pliant, free culture would be less
 protected.
 </para>

+<indexterm startref='idxbooksenglishcopyrightlawdevelopedfor' class='endofrange'/>
+<indexterm startref='idxcopyrightlawdevelopmentof' class='endofrange'/>
+<indexterm startref='idxcopyrightlawenglish' class='endofrange'/>
+<indexterm startref='idxenglandcopyrightlawsdevelopedin' class='endofrange'/>
+<indexterm startref='idxunitedkingdomhistoryofcopyrightlawin' class='endofrange'/>
+<indexterm startref='idxcopyrightasnarrowmonopolyright' class='endofrange'/>
+<indexterm startref='idxmonopolycopyrightas' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof3' class='endofrange'/>
+<indexterm startref='idxdonaldsonvbeckett' class='endofrange'/>

 <!-- PAGE BREAK 106 -->
 </chapter>
 <!-- PAGE BREAK 106 -->
 </chapter>

-<chapter id="recorders">
+<chapter label="7" id="recorders">

 <title>CHAPTER SEVEN: Recorders</title>
 <title>CHAPTER SEVEN: Recorders</title>

+<indexterm id='idxcopyrightlawfairuseand' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxdocumentaryfilm' class='startofrange'><primary>documentary film</primary></indexterm>
+<indexterm id='idxelsejon' class='startofrange'><primary>Else, Jon</primary></indexterm>
+<indexterm id='idxfairuseindocumentaryfilm' class='startofrange'><primary>fair use</primary><secondary>in documentary film</secondary></indexterm>
+<indexterm id='idxfilmsfairuseofcopyrightedmaterialin' class='startofrange'><primary>films</primary><secondary>fair use of copyrighted material in</secondary></indexterm>

 <para>
 <para>

-Jon Else is a filmmaker. He is best known for his documentaries and
-has been very successful in spreading his art. He is also a teacher, and
-as a teacher myself, I envy the loyalty and admiration that his students
-feel for him. (I met, by accident, two of his students at a dinner party.
-He was their god.)
+<emphasis role='strong'>Jon Else</emphasis> is a filmmaker. He is best
+known for his documentaries and has been very successful in spreading
+his art. He is also a teacher, and as a teacher myself, I envy the
+loyalty and admiration that his students feel for him. (I met, by
+accident, two of his students at a dinner party.  He was their god.)

 </para>
 <para>
 Else worked on a documentary that I was involved in. At a break,
 he told me a story about the freedom to create with film in America
 today.
 </para>
 </para>
 <para>
 Else worked on a documentary that I was involved in. At a break,
 he told me a story about the freedom to create with film in America
 today.
 </para>

+<indexterm id='idxwagnerrichard' class='startofrange'><primary>Wagner, Richard</primary></indexterm>
+<indexterm><primary>San Francisco Opera</primary></indexterm>

 <para>
 In 1990, Else was working on a documentary about Wagner's Ring
 Cycle. The focus was stagehands at the San Francisco Opera.
 <para>
 In 1990, Else was working on a documentary about Wagner's Ring
 Cycle. The focus was stagehands at the San Francisco Opera.


@@ -4827,8 +5283,8 @@ Stagehands are a particularly funny and colorful element of an opera.
 During a show, they hang out below the stage in the grips' lounge and
 in the lighting loft. They make a perfect contrast to the art on the
 stage.
 During a show, they hang out below the stage in the grips' lounge and
 in the lighting loft. They make a perfect contrast to the art on the
 stage.

-<indexterm><primary>San Francisco Opera</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxsimpsonsthe' class='startofrange'><primary>Simpsons, The</primary></indexterm>

 <para>
 During one of the performances, Else was shooting some stagehands
 playing checkers. In one corner of the room was a television set.
 <para>
 During one of the performances, Else was shooting some stagehands
 playing checkers. In one corner of the room was a television set.


@@ -4838,57 +5294,68 @@ and the opera company played Wagner, was <citetitle>The Simpsons</citetitle>. As
 it, this touch of cartoon helped capture the flavor of what was special
 about the scene.
 </para>
 it, this touch of cartoon helped capture the flavor of what was special
 about the scene.
 </para>

+<indexterm startref='idxwagnerrichard' class='endofrange'/>
+<indexterm><primary>films</primary><secondary>multiple copyrights associated with</secondary></indexterm>

 <para>
 Years later, when he finally got funding to complete the film, Else
 attempted to clear the rights for those few seconds of <citetitle>The Simpsons</citetitle>.
 For of course, those few seconds are copyrighted; and of course, to use
 copyrighted material you need the permission of the copyright owner,
 <para>
 Years later, when he finally got funding to complete the film, Else
 attempted to clear the rights for those few seconds of <citetitle>The Simpsons</citetitle>.
 For of course, those few seconds are copyrighted; and of course, to use
 copyrighted material you need the permission of the copyright owner,

-unless "fair use" or some other privilege applies.
+unless <quote>fair use</quote> or some other privilege applies.

 </para>
 </para>

+<indexterm id='idxgraciefilms' class='startofrange'><primary>Gracie Films</primary></indexterm>
+<indexterm id='idxgroeningmatt' class='startofrange'><primary>Groening, Matt</primary></indexterm>

 <para>
 Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office to get permission.
 Groening approved the shot. The shot was a four-and-a-halfsecond image
 on a tiny television set in the corner of the room. How could it hurt?
 Groening was happy to have it in the film, but he told Else to contact
 Gracie Films, the company that produces the program.
 <para>
 Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office to get permission.
 Groening approved the shot. The shot was a four-and-a-halfsecond image
 on a tiny television set in the corner of the room. How could it hurt?
 Groening was happy to have it in the film, but he told Else to contact
 Gracie Films, the company that produces the program.

-<indexterm><primary>Gracie Films</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxfoxfilmcompany' class='startofrange'><primary>Fox (film company)</primary></indexterm>

 <para>
 Gracie Films was okay with it, too, but they, like Groening, wanted
 to be careful. So they told Else to contact Fox, Gracie's parent company.
 Else called Fox and told them about the clip in the corner of the one
 room shot of the film. Matt Groening had already given permission,
 Else said. He was just confirming the permission with Fox.
 <para>
 Gracie Films was okay with it, too, but they, like Groening, wanted
 to be careful. So they told Else to contact Fox, Gracie's parent company.
 Else called Fox and told them about the clip in the corner of the one
 room shot of the film. Matt Groening had already given permission,
 Else said. He was just confirming the permission with Fox.

-<indexterm><primary>Gracie Films</primary></indexterm>

 </para>
 </para>

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

 <para>
 <para>

-Then, as Else told me, "two things happened. First we discovered
-. . . that Matt Groening doesn't own his own creation&mdash;or at
-least that someone [at Fox] believes he doesn't own his own creation."
-And second, Fox "wanted ten thousand dollars as a licensing fee for us
-to use this four-point-five seconds of . . . entirely unsolicited
-<citetitle>Simpsons</citetitle> which was in the corner of the shot."
+Then, as Else told me, <quote>two things happened. First we discovered
+&hellip; that Matt Groening doesn't own his own creation&mdash;or at
+least that someone [at Fox] believes he doesn't own his own creation.</quote>
+And second, Fox <quote>wanted ten thousand dollars as a licensing fee for us
+to use this four-point-five seconds of &hellip; entirely unsolicited
+<citetitle>Simpsons</citetitle> which was in the corner of the shot.</quote>

 </para>
 </para>

+<indexterm startref='idxgroeningmatt' class='endofrange'/>
+<indexterm startref='idxfoxfilmcompany' class='endofrange'/>
+<indexterm id='idxherrerarebecca' class='startofrange'><primary>Herrera, Rebecca</primary></indexterm>

 <para>
 Else was certain there was a mistake. He worked his way up to someone
 he thought was a vice president for licensing, Rebecca Herrera.  He
 <para>
 Else was certain there was a mistake. He worked his way up to someone
 he thought was a vice president for licensing, Rebecca Herrera.  He

-explained to her, "There must be some mistake here. . . .  We're
-asking for your educational rate on this." That was the educational
+explained to her, <quote>There must be some mistake here. &hellip;  We're
+asking for your educational rate on this.</quote> That was the educational

 rate, Herrera told Else. A day or so later, Else called again to
 confirm what he had been told.
 </para>
 rate, Herrera told Else. A day or so later, Else called again to
 confirm what he had been told.
 </para>

+<indexterm><primary>Wagner, Richard</primary></indexterm>

 <para>
 <para>

-"I wanted to make sure I had my facts straight," he told me. "Yes, you
-have your facts straight," she said. It would cost $10,000 to use the
+<quote>I wanted to make sure I had my facts straight,</quote> he told me. <quote>Yes, you
+have your facts straight,</quote> she said. It would cost $10,000 to use the

 clip of <citetitle>The Simpsons</citetitle> in the corner of a shot in a documentary film
 about
 
 <!-- PAGE BREAK 108 -->
 clip of <citetitle>The Simpsons</citetitle> in the corner of a shot in a documentary film
 about
 
 <!-- PAGE BREAK 108 -->

-Wagner's Ring Cycle. And then, astonishingly, Herrera told Else, "And
-if you quote me, I'll turn you over to our attorneys." As an assistant
-to Herrera told Else later on, "They don't give a shit. They just want
-the money."
+Wagner's Ring Cycle. And then, astonishingly, Herrera told Else, <quote>And
+if you quote me, I'll turn you over to our attorneys.</quote> As an assistant
+to Herrera told Else later on, <quote>They don't give a shit. They just want
+the money.</quote>

 </para>
 </para>

+<indexterm startref='idxherrerarebecca' class='endofrange'/>
+<indexterm><primary>San Francisco Opera</primary></indexterm>
+<indexterm><primary>Day After Trinity, The</primary></indexterm>

 <para>
 Else didn't have the money to buy the right to replay what was playing
 on the television backstage at the San Francisco Opera. To reproduce
 <para>
 Else didn't have the money to buy the right to replay what was playing
 on the television backstage at the San Francisco Opera. To reproduce


@@ -4896,9 +5363,9 @@ this reality was beyond the documentary filmmaker's budget. At the
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 <citetitle>The Day After Trinity</citetitle>, from ten years before.
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 <citetitle>The Day After Trinity</citetitle>, from ten years before.

-<indexterm><primary>San Francisco Opera</primary></indexterm>
-<indexterm><primary>Day After Trinity, The</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxfoxfilmcompany2' class='startofrange'><primary>Fox (film company)</primary></indexterm>
+<indexterm id='idxgroeningmatt2' class='startofrange'><primary>Groening, Matt</primary></indexterm>

 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the
 copyright to <citetitle>The Simpsons</citetitle>. That copyright is their property.  To use
 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the
 copyright to <citetitle>The Simpsons</citetitle>. That copyright is their property.  To use


@@ -4911,51 +5378,61 @@ of the copyright who gets to set the price for any use that the law
 says the owner gets to control.
 </para>
 <para>
 says the owner gets to control.
 </para>
 <para>

-For example, "public performance" is a use of <citetitle>The Simpsons</citetitle> that the
+For example, <quote>public performance</quote> is a use of <citetitle>The Simpsons</citetitle> that the

 copyright owner gets to control. If you take a selection of favorite
 copyright owner gets to control. If you take a selection of favorite

-episodes, rent a movie theater, and charge for tickets to come see "My
-Favorite <citetitle>Simpsons</citetitle>," then you need to get permission from the copyright
+episodes, rent a movie theater, and charge for tickets to come see <quote>My
+Favorite <citetitle>Simpsons</citetitle>,</quote> then you need to get permission from the copyright

 owner. And the copyright owner (rightly, in my view) can charge
 whatever she wants&mdash;$10 or $1,000,000. That's her right, as set
 by the law.
 </para>
 <para>
 But when lawyers hear this story about Jon Else and Fox, their first
 owner. And the copyright owner (rightly, in my view) can charge
 whatever she wants&mdash;$10 or $1,000,000. That's her right, as set
 by the law.
 </para>
 <para>
 But when lawyers hear this story about Jon Else and Fox, their first

-thought is "fair use."<footnote><para>
+thought is <quote>fair use.</quote><footnote><para>

 <!-- f1 -->
 <!-- f1 -->

-For an excellent argument that such use is "fair use," but that
-lawyers don't permit recognition that it is "fair use," see Richard
-A. Posner with William F. Patry, "Fair Use and Statutory Reform in the
-Wake of <citetitle>Eldred</citetitle>" (draft on file with author), University of Chicago
+For an excellent argument that such use is <quote>fair use,</quote> but that
+lawyers don't permit recognition that it is <quote>fair use,</quote> see Richard
+A. Posner with William F. Patry, <quote>Fair Use and Statutory Reform in the
+Wake of <citetitle>Eldred</citetitle></quote> (draft on file with author), University of Chicago

 Law School, 5 August 2003.
 </para></footnote>
 Else's use of just 4.5 seconds of an indirect shot of a <citetitle>Simpsons</citetitle>
 episode is clearly a fair use of <citetitle>The Simpsons</citetitle>&mdash;and fair use does
 not require the permission of anyone.
 </para>
 Law School, 5 August 2003.
 </para></footnote>
 Else's use of just 4.5 seconds of an indirect shot of a <citetitle>Simpsons</citetitle>
 episode is clearly a fair use of <citetitle>The Simpsons</citetitle>&mdash;and fair use does
 not require the permission of anyone.
 </para>

+<indexterm startref='idxfoxfilmcompany2' class='endofrange'/>
+<indexterm startref='idxgroeningmatt2' class='endofrange'/>

 <para>
 <!-- PAGE BREAK 109 -->
 <para>
 <!-- PAGE BREAK 109 -->

-So I asked Else why he didn't just rely upon "fair use." Here's his reply:
+So I asked Else why he didn't just rely upon <quote>fair use.</quote> Here's his reply:

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

+<indexterm id='idxfairuselegalintimidationtacticsagainst' class='startofrange'><primary>fair use</primary><secondary>legal intimidation tactics against</secondary></indexterm>

 <para>
 The <citetitle>Simpsons</citetitle> fiasco was for me a great lesson in the gulf between what
 lawyers find irrelevant in some abstract sense, and what is crushingly
 relevant in practice to those of us actually trying to make and
 <para>
 The <citetitle>Simpsons</citetitle> fiasco was for me a great lesson in the gulf between what
 lawyers find irrelevant in some abstract sense, and what is crushingly
 relevant in practice to those of us actually trying to make and

-broadcast documentaries. I never had any doubt that it was "clearly
-fair use" in an absolute legal sense. But I couldn't rely on the
+broadcast documentaries. I never had any doubt that it was <quote>clearly
+fair use</quote> in an absolute legal sense. But I couldn't rely on the

 concept in any concrete way. Here's why:
 </para>
 <orderedlist numeration="arabic">
 concept in any concrete way. Here's why:
 </para>
 <orderedlist numeration="arabic">

-<listitem><para>
+<listitem>
+<indexterm><primary>Errors and Omissions insurance</primary></indexterm>
+<para>

 <!-- 1. -->
 Before our films can be broadcast, the network requires that we buy
 Errors and Omissions insurance. The carriers require a detailed
 <!-- 1. -->
 Before our films can be broadcast, the network requires that we buy
 Errors and Omissions insurance. The carriers require a detailed

-"visual cue sheet" listing the source and licensing status of each
-shot in the film. They take a dim view of "fair use," and a claim of
-"fair use" can grind the application process to a halt.
+<quote>visual cue sheet</quote> listing the source and licensing status of each
+shot in the film. They take a dim view of <quote>fair use,</quote> and a claim of
+<quote>fair use</quote> can grind the application process to a halt.

 </para></listitem>
 </para></listitem>

-<listitem><para>
+<listitem>
+<indexterm id='idxfoxfilmcompany3' class='startofrange'><primary>Fox (film company)</primary></indexterm>
+<indexterm><primary>Groening, Matt</primary></indexterm>
+<indexterm><primary>Lucas, George</primary></indexterm>
+<indexterm><primary><citetitle>Star Wars</citetitle></primary></indexterm>
+<para>

 <!-- 2. -->
 I probably never should have asked Matt Groening in the first
 place. But I knew (at least from folklore) that Fox had a history of
 <!-- 2. -->
 I probably never should have asked Matt Groening in the first
 place. But I knew (at least from folklore) that Fox had a history of


@@ -4966,18 +5443,19 @@ license to four seconds of <citetitle>Simpsons</citetitle>. As a documentary pro
 to exhaustion on a shoestring, the last thing I wanted was to risk
 legal trouble, even nuisance legal trouble, and even to defend a
 principle.
 to exhaustion on a shoestring, the last thing I wanted was to risk
 legal trouble, even nuisance legal trouble, and even to defend a
 principle.

-<indexterm><primary>Lucas, George</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- 3. -->
 I did, in fact, speak with one of your colleagues at Stanford Law
 </para></listitem>
 <listitem><para>
 <!-- 3. -->
 I did, in fact, speak with one of your colleagues at Stanford Law

-School . . . who confirmed that it was fair use. He also confirmed
-that Fox would "depose and litigate you to within an inch of your
-life," regardless of the merits of my claim. He made clear that it
+School &hellip; who confirmed that it was fair use. He also confirmed
+that Fox would <quote>depose and litigate you to within an inch of your
+life,</quote> regardless of the merits of my claim. He made clear that it

 would boil down to who had the bigger legal department and the deeper
 pockets, me or them.
 <!-- PAGE BREAK 110 -->
 would boil down to who had the bigger legal department and the deeper
 pockets, me or them.
 <!-- PAGE BREAK 110 -->

-</para></listitem>
+</para>
+<indexterm startref='idxfoxfilmcompany3' class='endofrange'/>
+</listitem>

 <listitem><para>
 <!-- 4. -->
 The question of fair use usually comes up at the end of the
 <listitem><para>
 <!-- 4. -->
 The question of fair use usually comes up at the end of the


@@ -4986,6 +5464,7 @@ money.
 </para></listitem>
 </orderedlist>
 </blockquote>
 </para></listitem>
 </orderedlist>
 </blockquote>

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

 <para>
 In theory, fair use means you need no permission. The theory therefore
 supports free culture and insulates against a permission culture.  But
 <para>
 In theory, fair use means you need no permission. The theory therefore
 supports free culture and insulates against a permission culture.  But


@@ -5001,20 +5480,29 @@ publishers' profits against the unfair competition of a pirate. It has
 matured into a sword that interferes with any use, transformative or
 not.
 </para>
 matured into a sword that interferes with any use, transformative or
 not.
 </para>

+<indexterm startref='idxcopyrightlawfairuseand' class='endofrange'/>
+<indexterm startref='idxdocumentaryfilm' class='endofrange'/>
+<indexterm startref='idxelsejon' class='endofrange'/>
+<indexterm startref='idxfairuseindocumentaryfilm' class='endofrange'/>
+<indexterm startref='idxfilmsfairuseofcopyrightedmaterialin' class='endofrange'/>
+<indexterm startref='idxfairuselegalintimidationtacticsagainst' class='endofrange'/>

 <!-- PAGE BREAK 111 -->
 </chapter>
 <!-- PAGE BREAK 111 -->
 </chapter>

-<chapter id="transformers">
+<chapter label="8" id="transformers">

 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>
 <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>
+<indexterm><primary>Microsoft</primary></indexterm>

 <para>
 <para>

-In 1993, Alex Alben was a lawyer working at Starwave, Inc.  Starwave
-was an innovative company founded by Microsoft cofounder Paul Allen to
-develop digital entertainment. Long before the Internet became
-popular, Starwave began investing in new technology for delivering
-entertainment in anticipation of the power of networks.
+<emphasis role='strong'>In 1993</emphasis>, Alex Alben was a lawyer
+working at Starwave, Inc.  Starwave was an innovative company founded
+by Microsoft cofounder Paul Allen to develop digital
+entertainment. Long before the Internet became popular, Starwave began
+investing in new technology for delivering entertainment in
+anticipation of the power of networks.

 </para>
 </para>

-<indexterm><primary>Alben, Alex</primary></indexterm>
+<indexterm id='idxartistsretrospective' class='startofrange'><primary>artists</primary><secondary>retrospective compilations on</secondary></indexterm>
+<indexterm id='idxcdroms' class='startofrange'><primary>CD-ROMs, film clips used in</primary></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


@@ -5025,7 +5513,6 @@ 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,


@@ -5040,36 +5527,31 @@ 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>
 <para>

-Then Alben and his team decided to include actual film clips. "Our
+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
 goal was that we were going to have a clip from every one of

-Eastwood's films," Alben told me. It was here that the problem
-arose. "No one had ever really done this before," Alben explained. "No
+Eastwood's films,</quote> Alben told me. It was here that the problem
+arose. <quote>No one had ever really done this before,</quote> Alben explained. <quote>No

 one had ever tried to do this in the context of an artistic look at an
 one had ever tried to do this in the context of an artistic look at an

-actor's career."
+actor's career.</quote>

 </para>
 </para>

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

 <para>
 Alben brought the idea to Michael Slade, the CEO of Starwave.
 <para>
 Alben brought the idea to Michael Slade, the CEO of Starwave.

-Slade asked, "Well, what will it take?"
+Slade asked, <quote>Well, what will it take?</quote>

 </para>
 </para>

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

 <para>
 <para>

-Alben replied, "Well, we're going to have to clear rights from
+Alben replied, <quote>Well, we're going to have to clear rights from

 everyone who appears in these films, and the music and everything
 everyone who appears in these films, and the music and everything

-else that we want to use in these film clips." Slade said, "Great! Go
-for it."<footnote>
+else that we want to use in these film clips.</quote> Slade said, <quote>Great! Go
+for it.</quote><footnote>

 <para>
 <!-- f1 -->
 Technically, the rights that Alben had to clear were mainly those of
 publicity&mdash;rights an artist has to control the commercial
 <para>
 <!-- f1 -->
 Technically, the rights that Alben had to clear were mainly those of
 publicity&mdash;rights an artist has to control the commercial

-exploitation of his image.  But these rights, too, burden "Rip, Mix,
-Burn" creativity, as this chapter evinces.
-<indexterm>
-<primary>artists</primary>
-<secondary>publicity rights on images of</secondary>
-</indexterm>
+exploitation of his image.  But these rights, too, burden <quote>Rip, Mix,
+Burn</quote> creativity, as this chapter evinces.
+<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>


@@ -5088,7 +5570,7 @@ tale, Alben recounted just what they did:
 <para>
 So we very mechanically went about looking up the film clips.  We made
 some artistic decisions about what film clips to include&mdash;of
 <para>
 So we very mechanically went about looking up the film clips.  We made
 some artistic decisions about what film clips to include&mdash;of

-course we were going to use the "Make my day" clip from <citetitle>Dirty
+course we were going to use the <quote>Make my day</quote> clip from <citetitle>Dirty

 Harry</citetitle>. But you then need to get the guy on the ground who's wiggling
 under the gun and you need to get his permission.  And then you have
 to decide what you are going to pay him.
 Harry</citetitle>. But you then need to get the guy on the ground who's wiggling
 under the gun and you need to get his permission.  And then you have
 to decide what you are going to pay him.


@@ -5106,23 +5588,22 @@ 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>
+<indexterm><primary>Sutherland, Donald</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.
 Others were dumbfounded at their good fortune. Alben would ask,
 <para>
 Some actors were glad to help&mdash;Donald Sutherland, for example,
 followed up himself to be sure that the rights had been cleared.
 Others were dumbfounded at their good fortune. Alben would ask,

-"Hey, can I pay you $600 or maybe if you were in two films, you
-know, $1,200?" And they would say, "Are you for real? Hey, I'd love
-to get $1,200." And some of course were a bit difficult (estranged
+<quote>Hey, can I pay you $600 or maybe if you were in two films, you
+know, $1,200?</quote> And they would say, <quote>Are you for real? Hey, I'd love
+to get $1,200.</quote> And some of course were a bit difficult (estranged

 ex-wives, in particular). But eventually, Alben and his team had
 cleared the rights to this retrospective CD-ROM on Clint Eastwood's
 career.
 </para>
 <para>
 ex-wives, in particular). But eventually, Alben and his team had
 cleared the rights to this retrospective CD-ROM on Clint Eastwood's
 career.
 </para>
 <para>

-It was one <emphasis>year</emphasis> later&mdash;"and even then we
-weren't sure whether we were totally in the clear."
+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>
 </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


@@ -5131,11 +5612,11 @@ project for the purpose of releasing a retrospective.
 <blockquote>
 <para>
 Everyone thought it would be too hard. Everyone just threw up their
 <blockquote>
 <para>
 Everyone thought it would be too hard. Everyone just threw up their

-hands and said, "Oh, my gosh, a film, it's so many copyrights, there's
+hands and said, <quote>Oh, my gosh, a film, it's so many copyrights, there's

 the music, there's the screenplay, there's the director, there's the
 the music, there's the screenplay, there's the director, there's the

-actors." But we just broke it down. We just put it into its
-constituent parts and said, "Okay, there's this many actors, this many
-directors, . . . this many musicians," and we just went at it very
+actors.</quote> But we just broke it down. We just put it into its
+constituent parts and said, <quote>Okay, there's this many actors, this many
+directors, &hellip; this many musicians,</quote> and we just went at it very

 systematically and cleared the rights.
 </para>
 </blockquote>
 systematically and cleared the rights.
 </para>
 </blockquote>


@@ -5145,14 +5626,13 @@ 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
 take a year's work simply to clear rights. No doubt Alben had done
 <indexterm><primary>Drucker, Peter</primary></indexterm>
 <para>
 But I pressed Alben about how weird it seems that it would have to
 take a year's work simply to clear rights. No doubt Alben had done

-this efficiently, but as Peter Drucker has famously quipped, "There is
+this efficiently, but as Peter Drucker has famously quipped, <quote>There is

 nothing so useless as doing efficiently that which should not be done
 nothing so useless as doing efficiently that which should not be done

-at all."<footnote><para>
+at all.</quote><footnote><para>

 <!-- f2 -->
 U.S. Department of Commerce Office of Acquisition Management, <citetitle>Seven
 Steps to Performance-Based Services Acquisition</citetitle>, available at 
 <!-- f2 -->
 U.S. Department of Commerce Office of Acquisition Management, <citetitle>Seven
 Steps to Performance-Based Services Acquisition</citetitle>, available at 


@@ -5162,8 +5642,8 @@ Did it make sense, I asked Alben, that this is the way a new work
 has to be made?
 </para>
 <para>
 has to be made?
 </para>
 <para>

-For, as he acknowledged, "very few . . . have the time and resources,
-and the will to do this," and thus, very few such works would ever be
+For, as he acknowledged, <quote>very few &hellip; have the time and resources,
+and the will to do this,</quote> and thus, very few such works would ever be

 made. Does it make sense, I asked him, from the standpoint of what
 anybody really thought they were ever giving rights for originally, that
 you would have to go clear rights for these kinds of clips?
 made. Does it make sense, I asked him, from the standpoint of what
 anybody really thought they were ever giving rights for originally, that
 you would have to go clear rights for these kinds of clips?


@@ -5171,9 +5651,9 @@ you would have to go clear rights for these kinds of clips?
 <blockquote>
 <para>
 I don't think so. When an actor renders a performance in a movie,
 <blockquote>
 <para>
 I don't think so. When an actor renders a performance in a movie,

-he or she gets paid very well. . . . And then when 30 seconds of
+he or she gets paid very well. &hellip; And then when 30 seconds of

 that performance is used in a new product that is a retrospective
 that performance is used in a new product that is a retrospective

-of somebody's career, I don't think that that person . . . should be
+of somebody's career, I don't think that that person &hellip; should be

 compensated for that.
 </para>
 </blockquote>
 compensated for that.
 </para>
 </blockquote>


@@ -5202,19 +5682,22 @@ cost. That's the thing that trips everybody up and makes this kind of
 product hard to get off the ground. If you knew I have a hundred
 minutes of film in this product and it's going to cost me X, then you
 build your budget around it, and you can get investments and
 product hard to get off the ground. If you knew I have a hundred
 minutes of film in this product and it's going to cost me X, then you
 build your budget around it, and you can get investments and

-everything else that you need to produce it. But if you say, "Oh, I
+everything else that you need to produce it. But if you say, <quote>Oh, I

 want a hundred minutes of something and I have no idea what it's going
 to cost me, and a certain number of people are going to hold me up for
 want a hundred minutes of something and I have no idea what it's going
 to cost me, and a certain number of people are going to hold me up for

-money," then it becomes difficult to put one of these things together.
+money,</quote> then it becomes difficult to put one of these things together.

 </para>
 </blockquote>
 </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='idxcdroms' class='endofrange'/>
+<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


@@ -5224,8 +5707,9 @@ rights as he negotiates to fly from Los Angeles to San Francisco.)
 These rights might well have once made sense; but as circumstances
 change, they make no sense at all. Or at least, a well-trained,
 regulationminimizing Republican should look at the rights and ask,
 These rights might well have once made sense; but as circumstances
 change, they make no sense at all. Or at least, a well-trained,
 regulationminimizing Republican should look at the rights and ask,

-"Does this still make sense?"
+<quote>Does this still make sense?</quote>

 </para>
 </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.


@@ -5248,11 +5732,15 @@ When the lights came up, I looked over to my copanelist, David
 Nimmer, perhaps the leading copyright scholar and practitioner in the
 nation. He had an astonished look on his face, as he peered across the
 room of over 250 well-entertained judges. Taking an ominous tone, he
 Nimmer, perhaps the leading copyright scholar and practitioner in the
 nation. He had an astonished look on his face, as he peered across the
 room of over 250 well-entertained judges. Taking an ominous tone, he

-began his talk with a question: "Do you know how many federal laws
-were just violated in this room?"
+began his talk with a question: <quote>Do you know how many federal laws
+were just violated in this room?</quote>

 </para>
 </para>

-<indexterm><primary>Boies, David</primary></indexterm>

 <para>
 <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
 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


@@ -5268,12 +5756,13 @@ enable. Technology means you can now do amazing things easily; but you
 couldn't easily do them legally.
 </para>
 <para>
 couldn't easily do them legally.
 </para>
 <para>

-We live in a "cut and paste" culture enabled by technology. Anyone
+We live in a <quote>cut and paste</quote> culture enabled by technology. Anyone

 building a presentation knows the extraordinary freedom that the cut
 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>
 building a presentation knows the extraordinary freedom that the cut
 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>

+<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 -->


@@ -5284,11 +5773,10 @@ 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

-wanted to be "legal," the cost of complying with the law is impossibly
+wanted to be <quote>legal,</quote> the cost of complying with the law is impossibly

 high. Therefore, for the law-abiding sorts, a wealth of creativity is
 never made. And for that part that is made, if it doesn't follow the
 clearance rules, it doesn't get released.
 high. Therefore, for the law-abiding sorts, a wealth of creativity is
 never made. And for that part that is made, if it doesn't follow the
 clearance rules, it doesn't get released.


@@ -5297,13 +5785,13 @@ clearance rules, it doesn't get released.
 To some, these stories suggest a solution: Let's alter the mix of
 rights so that people are free to build upon our culture. Free to add
 or mix as they see fit. We could even make this change without
 To some, these stories suggest a solution: Let's alter the mix of
 rights so that people are free to build upon our culture. Free to add
 or mix as they see fit. We could even make this change without

-necessarily requiring that the "free" use be free as in "free beer."
+necessarily requiring that the <quote>free</quote> use be free as in <quote>free beer.</quote>

 Instead, the system could simply make it easy for follow-on creators
 to compensate artists without requiring an army of lawyers to come
 Instead, the system could simply make it easy for follow-on creators
 to compensate artists without requiring an army of lawyers to come

-along: a rule, for example, that says "the royalty owed the copyright
+along: a rule, for example, that says <quote>the royalty owed the copyright

 owner of an unregistered work for the derivative reuse of his work
 will be a flat 1 percent of net revenues, to be held in escrow for the
 owner of an unregistered work for the derivative reuse of his work
 will be a flat 1 percent of net revenues, to be held in escrow for the

-copyright owner." Under this rule, the copyright owner could benefit
+copyright owner.</quote> Under this rule, the copyright owner could benefit

 from some royalty, but he would not have the benefit of a full
 property right (meaning the right to name his own price) unless he
 registers the work.
 from some royalty, but he would not have the benefit of a full
 property right (meaning the right to name his own price) unless he
 registers the work.


@@ -5315,25 +5803,26 @@ which if made, under this plan, would produce new income for artists.
 What reason would anyone have to oppose it?
 </para>
 <para>
 What reason would anyone have to oppose it?
 </para>
 <para>

-In February 2003, DreamWorks studios announced an agreement with Mike
-Myers, the comic genius of <citetitle>Saturday Night Live</citetitle> and
+<emphasis role='strong'>In February 2003</emphasis>, DreamWorks
+studios announced an agreement with Mike Myers, the comic genius of
+<citetitle>Saturday Night Live</citetitle> and

 <!-- PAGE BREAK 118 -->
 Austin Powers. According to the announcement, Myers and Dream-Works
 <!-- PAGE BREAK 118 -->
 Austin Powers. According to the announcement, Myers and Dream-Works

-would work together to form a "unique filmmaking pact." Under the
-agreement, DreamWorks "will acquire the rights to existing motion
+would work together to form a <quote>unique filmmaking pact.</quote> Under the
+agreement, DreamWorks <quote>will acquire the rights to existing motion

 picture hits and classics, write new storylines and&mdash;with the use
 of stateof-the-art digital technology&mdash;insert Myers and other
 actors into the film, thereby creating an entirely new piece of
 picture hits and classics, write new storylines and&mdash;with the use
 of stateof-the-art digital technology&mdash;insert Myers and other
 actors into the film, thereby creating an entirely new piece of

-entertainment."
+entertainment.</quote>

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

-The announcement called this "film sampling." As Myers explained,
-"Film Sampling is an exciting way to put an original spin on existing
+The announcement called this <quote>film sampling.</quote> As Myers explained,
+<quote>Film Sampling is an exciting way to put an original spin on existing

 films and allow audiences to see old movies in a new light. Rap
 artists have been doing this for years with music and now we are able
 films and allow audiences to see old movies in a new light. Rap
 artists have been doing this for years with music and now we are able

-to take that same concept and apply it to film." Steven Spielberg is
-quoted as saying, "If anyone can create a way to bring old films to
-new audiences, it is Mike."
+to take that same concept and apply it to film.</quote> Steven Spielberg is
+quoted as saying, <quote>If anyone can create a way to bring old films to
+new audiences, it is Mike.</quote>

 </para>
 <para>
 Spielberg is right. Film sampling by Myers will be brilliant. But if
 </para>
 <para>
 Spielberg is right. Film sampling by Myers will be brilliant. But if


@@ -5347,8 +5836,8 @@ privilege reserved for the funny and famous&mdash;and presumably rich.
 </para>
 <para>
 This privilege becomes reserved for two sorts of reasons. The first
 </para>
 <para>
 This privilege becomes reserved for two sorts of reasons. The first

-continues the story of the last chapter: the vagueness of "fair use."
-Much of "sampling" should be considered "fair use." But few would
+continues the story of the last chapter: the vagueness of <quote>fair use.</quote>
+Much of <quote>sampling</quote> should be considered <quote>fair use.</quote> But few would

 rely upon so weak a doctrine to create. That leads to the second reason
 that the privilege is reserved for the few: The costs of negotiating the
 legal rights for the creative reuse of content are astronomically high.
 rely upon so weak a doctrine to create. That leads to the second reason
 that the privilege is reserved for the few: The costs of negotiating the
 legal rights for the creative reuse of content are astronomically high.


@@ -5360,25 +5849,31 @@ curse, reserved for the few.
 </para>
 <!-- PAGE BREAK 119 -->
 </chapter>
 </para>
 <!-- PAGE BREAK 119 -->
 </chapter>

-<chapter id="collectors">
+<chapter label="9" id="collectors">

 <title>CHAPTER NINE: Collectors</title>
 <title>CHAPTER NINE: Collectors</title>

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

 <para>
 <para>

-In April 1996, millions of "bots"&mdash;computer codes designed to
-"spider," or automatically search the Internet and copy content&mdash;began
-running across the Net. Page by page, these bots copied Internet-based
-information onto a small set of computers located in a basement in San
-Francisco's Presidio. Once the bots finished the whole of the Internet,
-they started again. Over and over again, once every two months, these
-bits of code took copies of the Internet and stored them.
+<emphasis role='strong'>In April 1996</emphasis>, millions of
+<quote>bots</quote>&mdash;computer codes designed to
+<quote>spider,</quote> or automatically search the Internet and copy
+content&mdash;began running across the Net. Page by page, these bots
+copied Internet-based information onto a small set of computers
+located in a basement in San Francisco's Presidio. Once the bots
+finished the whole of the Internet, they started again. Over and over
+again, once every two months, these bits of code took copies of the
+Internet and stored them.

 </para>
 </para>

+<indexterm><primary>Way Back Machine</primary></indexterm>

 <para>
 By October 2001, the bots had collected more than five years of
 copies. And at a small announcement in Berkeley, California, the
 archive that these copies created, the Internet Archive, was opened to
 <para>
 By October 2001, the bots had collected more than five years of
 copies. And at a small announcement in Berkeley, California, the
 archive that these copies created, the Internet Archive, was opened to

-the world. Using a technology called "the Way Back Machine," you could
+the world. Using a technology called <quote>the Way Back Machine,</quote> you could

 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


@@ -5399,6 +5894,8 @@ 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'/>
+<indexterm><primary>Way Back Machine</primary></indexterm>

 <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


@@ -5406,23 +5903,26 @@ was. You have the power to see what you remember. More importantly,
 perhaps, you also have the power to find what you don't remember and
 what others might prefer you forget.<footnote><para>
 <!-- f1 -->
 perhaps, you also have the power to find what you don't remember and
 what others might prefer you forget.<footnote><para>
 <!-- f1 -->

+<indexterm><primary>Iraq war</primary></indexterm>
+<indexterm><primary>White House press releases</primary></indexterm>

 The temptations remain, however. Brewster Kahle reports that the White
 House changes its own press releases without notice. A May 13, 2003,
 The temptations remain, however. Brewster Kahle reports that the White
 House changes its own press releases without notice. A May 13, 2003,

-press release stated, "Combat Operations in Iraq Have Ended." That was
-later changed, without notice, to "Major Combat Operations in Iraq
-Have Ended."  E-mail from Brewster Kahle, 1 December 2003.
+press release stated, <quote>Combat Operations in Iraq Have Ended.</quote> That was
+later changed, without notice, to <quote>Major Combat Operations in Iraq
+Have Ended.</quote>  E-mail from Brewster Kahle, 1 December 2003.

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

+<indexterm><primary>history, records of</primary></indexterm>

 <para>
 <para>

-We take it for granted that we can go back to see what we remember
-reading. Think about newspapers. If you wanted to study the reaction
-of your hometown newspaper to the race riots in Watts in 1965, or to
-Bull Connor's water cannon in 1963, you could go to your public
-library and look at the newspapers. Those papers probably exist on
-microfiche. If you're lucky, they exist in paper, too. Either way, you
-are free, using a library, to go back and remember&mdash;not just what
-it is convenient to remember, but remember something close to the
-truth.
+<emphasis role='strong'>We take it</emphasis> for granted that we can
+go back to see what we remember reading. Think about newspapers. If
+you wanted to study the reaction of your hometown newspaper to the
+race riots in Watts in 1965, or to Bull Connor's water cannon in 1963,
+you could go to your public library and look at the newspapers. Those
+papers probably exist on microfiche. If you're lucky, they exist in
+paper, too. Either way, you are free, using a library, to go back and
+remember&mdash;not just what it is convenient to remember, but
+remember something close to the truth.

 </para>
 <para>
 It is said that those who fail to remember history are doomed to
 </para>
 <para>
 It is said that those who fail to remember history are doomed to


@@ -5454,11 +5954,17 @@ Internet Archive was just the first of the projects of this Andrew
 Carnegie of the Internet. By December of 2002, the archive had over 10
 billion pages, and it was growing at about a billion pages a month.
 </para>
 Carnegie of the Internet. By December of 2002, the archive had over 10
 billion pages, and it was growing at about a billion pages a month.
 </para>

+<indexterm><primary>Library of Congress</primary></indexterm>
+<indexterm><primary>Television Archive</primary></indexterm>
+<indexterm><primary>Vanderbilt University</primary></indexterm>
+<indexterm><primary>Way Back Machine</primary></indexterm>
+<indexterm><primary>libraries</primary><secondary>archival function of</secondary></indexterm>
+<indexterm id='idxnewscoverage2' class='startofrange'><primary>news coverage</primary></indexterm>

 <para>
 The Way Back Machine is the largest archive of human knowledge in
 <para>
 The Way Back Machine is the largest archive of human knowledge in

-human history. At the end of 2002, it held "two hundred and thirty
-terabytes of material"&mdash;and was "ten times larger than the
-Library of Congress." And this was just the first of the archives that
+human history. At the end of 2002, it held <quote>two hundred and thirty
+terabytes of material</quote>&mdash;and was <quote>ten times larger than the
+Library of Congress.</quote> And this was just the first of the archives that

 Kahle set out to build. In addition to the Internet Archive, Kahle has
 been constructing the Television Archive. Television, it turns out, is
 even more ephemeral than the Internet. While much of twentieth-century
 Kahle set out to build. In addition to the Internet Archive, Kahle has
 been constructing the Television Archive. Television, it turns out, is
 even more ephemeral than the Internet. While much of twentieth-century


@@ -5466,12 +5972,14 @@ culture was constructed through television, only a tiny proportion of
 that culture is available for anyone to see today. Three hours of news
 are recorded each evening by Vanderbilt University&mdash;thanks to a
 specific exemption in the copyright law. That content is indexed, and
 that culture is available for anyone to see today. Three hours of news
 are recorded each evening by Vanderbilt University&mdash;thanks to a
 specific exemption in the copyright law. That content is indexed, and

-is available to scholars for a very low fee. "But other than that,
-[television] is almost unavailable," Kahle told me. "If you were
+is available to scholars for a very low fee. <quote>But other than that,
+[television] is almost unavailable,</quote> Kahle told me. <quote>If you were

 Barbara Walters you could get access to [the archives], but if you are
 Barbara Walters you could get access to [the archives], but if you are

-just a graduate student?" As Kahle put it,
+just a graduate student?</quote> As Kahle put it,

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

+<indexterm><primary>Quayle, Dan</primary></indexterm>
+<indexterm><primary>60 Minutes</primary></indexterm>

 <para>
 Do you remember when Dan Quayle was interacting with Murphy Brown?
 Remember that back and forth surreal experience of a politician
 <para>
 Do you remember when Dan Quayle was interacting with Murphy Brown?
 Remember that back and forth surreal experience of a politician


@@ -5480,10 +5988,11 @@ graduate student wanting to study that, and you wanted to get those
 original back and forth exchanges between the two, the
 
 <!-- PAGE BREAK 122 -->
 original back and forth exchanges between the two, the
 
 <!-- PAGE BREAK 122 -->

-<citetitle>60 Minutes</citetitle> episode that came out after it . . . it would be almost
-impossible. . . . Those materials are almost unfindable. . . .
+<citetitle>60 Minutes</citetitle> episode that came out after it &hellip; it would be almost
+impossible. &hellip; Those materials are almost unfindable. &hellip;

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

+<indexterm><primary>newspapers</primary><secondary>archives of</secondary></indexterm>

 <para>
 Why is that? Why is it that the part of our culture that is recorded
 in newspapers remains perpetually accessible, while the part that is
 <para>
 Why is that? Why is it that the part of our culture that is recorded
 in newspapers remains perpetually accessible, while the part that is


@@ -5500,34 +6009,37 @@ of knowledge and to assure that a copy of the work would be around
 once the copyright expired, so that others might access and copy the
 work.
 </para>
 once the copyright expired, so that others might access and copy the
 work.
 </para>

+<indexterm><primary>Library of Congress</primary></indexterm>
+<indexterm><primary>films</primary><secondary>archive of</secondary></indexterm>

 <para>
 These rules applied to film as well. But in 1915, the Library
 of Congress made an exception for film. Film could be copyrighted so
 long as such deposits were made. But the filmmaker was then allowed to
 borrow back the deposits&mdash;for an unlimited time at no cost. In
 <para>
 These rules applied to film as well. But in 1915, the Library
 of Congress made an exception for film. Film could be copyrighted so
 long as such deposits were made. But the filmmaker was then allowed to
 borrow back the deposits&mdash;for an unlimited time at no cost. In

-1915 alone, there were more than 5,475 films deposited and "borrowed
-back."  Thus, when the copyrights to films expire, there is no copy
+1915 alone, there were more than 5,475 films deposited and <quote>borrowed
+back.</quote>  Thus, when the copyrights to films expire, there is no copy

 held by any library. The copy exists&mdash;if it exists at
 all&mdash;in the library archive of the film company.<footnote><para>
 <!-- f2 -->
 held by any library. The copy exists&mdash;if it exists at
 all&mdash;in the library archive of the film company.<footnote><para>
 <!-- f2 -->

-Doug Herrick, "Toward a National Film Collection: Motion Pictures at
-the Library of Congress," <citetitle>Film Library Quarterly</citetitle> 13 nos. 2&ndash;3
+Doug Herrick, <quote>Toward a National Film Collection: Motion Pictures at
+the Library of Congress,</quote> <citetitle>Film Library Quarterly</citetitle> 13 nos. 2&ndash;3

 (1980): 5; Anthony Slide, <citetitle>Nitrate Won't Wait: A History of Film
 (1980): 5; Anthony Slide, <citetitle>Nitrate Won't Wait: A History of Film

-Preservation in the United States</citetitle> ( Jefferson, N.C.: McFarland &amp;
+Preservation in the United States</citetitle> (Jefferson, N.C.: McFarland &amp;

 Co., 1992), 36.
 </para></footnote>
 </para>
 <para>
 The same is generally true about television. Television broadcasts
 were originally not copyrighted&mdash;there was no way to capture the
 Co., 1992), 36.
 </para></footnote>
 </para>
 <para>
 The same is generally true about television. Television broadcasts
 were originally not copyrighted&mdash;there was no way to capture the

-broadcasts, so there was no fear of "theft." But as technology enabled
+broadcasts, so there was no fear of <quote>theft.</quote> But as technology enabled

 capturing, broadcasters relied increasingly upon the law. The law
 required they make a copy of each broadcast for the work to be
 capturing, broadcasters relied increasingly upon the law. The law
 required they make a copy of each broadcast for the work to be

-"copyrighted."  But those copies were simply kept by the
+<quote>copyrighted.</quote>  But those copies were simply kept by the

 broadcasters. No library had any right to them; the government didn't
 demand them.  The content of this part of American culture is
 practically invisible to anyone who would look.
 </para>
 broadcasters. No library had any right to them; the government didn't
 demand them.  The content of this part of American culture is
 practically invisible to anyone who would look.
 </para>

+<indexterm><primary>September 11, 2001, terrorist attacks of</primary></indexterm>

 <para>
 Kahle was eager to correct this. Before September 11, 2001, he and
 <!-- PAGE BREAK 123 -->
 <para>
 Kahle was eager to correct this. Before September 11, 2001, he and
 <!-- PAGE BREAK 123 -->


@@ -5539,9 +6051,17 @@ 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>
+<indexterm startref='idxnewscoverage2' class='endofrange'/>
+<indexterm><primary>films</primary><secondary>archive of</secondary></indexterm>
+<indexterm><primary>Internet Archive</primary></indexterm>
+<indexterm><primary>Duck and Cover film</primary></indexterm>
+<indexterm><primary>ephemeral films</primary></indexterm>
+<indexterm><primary>Prelinger, Rick</primary></indexterm>

 <para>
 Kahle had the same idea with film. Working with Rick Prelinger, whose
 <para>
 Kahle had the same idea with film. Working with Rick Prelinger, whose

-archive of film includes close to 45,000 "ephemeral films" (meaning
+archive of film includes close to 45,000 <quote>ephemeral films</quote> (meaning

 films other than Hollywood movies, films that were never copyrighted),
 Kahle established the Movie Archive. Prelinger let Kahle digitize
 1,300 films in this archive and post those films on the Internet to be
 films other than Hollywood movies, films that were never copyrighted),
 Kahle established the Movie Archive. Prelinger let Kahle digitize
 1,300 films in this archive and post those films on the Internet to be


@@ -5552,11 +6072,10 @@ footage sales went up dramatically. People could easily find the
 material they wanted to use. Some downloaded that material and made
 films on their own. Others purchased copies to enable other films to
 be made.  Either way, the archive enabled access to this important
 material they wanted to use. Some downloaded that material and made
 films on their own. Others purchased copies to enable other films to
 be made.  Either way, the archive enabled access to this important

-part of our culture.  Want to see a copy of the "Duck and Cover" film
+part of our culture.  Want to see a copy of the <quote>Duck and Cover</quote> film

 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


@@ -5576,7 +6095,7 @@ has&mdash;a noncommercial life.
 </para>
 <para>
 For here is an idea that we should more clearly recognize. Every bit
 </para>
 <para>
 For here is an idea that we should more clearly recognize. Every bit

-of creative property goes through different "lives." In its first
+of creative property goes through different <quote>lives.</quote> In its first

 life, if the
 
 <!-- PAGE BREAK 124 -->
 life, if the
 
 <!-- PAGE BREAK 124 -->


@@ -5595,15 +6114,17 @@ build an archive of knowledge about our history. In this second life,
 the content can continue to inform even if that information is no
 longer sold.
 </para>
 the content can continue to inform even if that information is no
 longer sold.
 </para>

+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 <para>
 The same has always been true about books. A book goes out of print
 very quickly (the average today is after about a year<footnote><para>
 <!-- f3 -->
 <para>
 The same has always been true about books. A book goes out of print
 very quickly (the average today is after about a year<footnote><para>
 <!-- f3 -->

-Dave Barns, "Fledgling Career in Antique Books: Woodstock Landlord,
-Bar Owner Starts a New Chapter by Adopting Business," <citetitle>Chicago Tribune</citetitle>,
+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>
+Dave Barns, <quote>Fledgling Career in Antique Books: Woodstock Landlord,
+Bar Owner Starts a New Chapter by Adopting Business,</quote> <citetitle>Chicago Tribune</citetitle>,

 5 September 1997, at Metro Lake 1L. Of books published between 1927
 and 1946, only 2.2 percent were in print in 2002. R. Anthony Reese,
 5 September 1997, at Metro Lake 1L. Of books published between 1927
 and 1946, only 2.2 percent were in print in 2002. R. Anthony Reese,

-"The First Sale Doctrine in the Era of Digital Networks," <citetitle>Boston
+<quote>The First Sale Doctrine in the Era of Digital Networks,</quote> <citetitle>Boston

 College Law Review</citetitle> 44 (2003): 593 n. 51.
 </para></footnote>). After
 it is out of print, it can be sold in used book stores without the
 College Law Review</citetitle> 44 (2003): 593 n. 51.
 </para></footnote>). After
 it is out of print, it can be sold in used book stores without the


@@ -5624,12 +6145,12 @@ what a certain limited market demands.  Beyond that, culture
 disappears.
 </para>
 <para>
 disappears.
 </para>
 <para>

-For most of the twentieth century, it was economics that made this
-so. It would have been insanely expensive to collect and make
-accessible all television and film and music: The cost of analog
-copies is extraordinarily high. So even though the law in principle
-would have restricted the ability of a Brewster Kahle to copy culture
-generally, the
+<emphasis role='strong'>For most of</emphasis> the twentieth century,
+it was economics that made this so. It would have been insanely
+expensive to collect and make accessible all television and film and
+music: The cost of analog copies is extraordinarily high. So even
+though the law in principle would have restricted the ability of a
+Brewster Kahle to copy culture generally, the

 <!-- PAGE BREAK 125 -->
 real restriction was economics. The market made it impossibly
 difficult to do anything about this ephemeral culture; the law had
 <!-- PAGE BREAK 125 -->
 real restriction was economics. The market made it impossibly
 difficult to do anything about this ephemeral culture; the law had


@@ -5650,20 +6171,22 @@ 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

-movies, . . . and about one to two million movies [distributed] during
+movies, &hellip; and about one to two million movies [distributed] during

 the twentieth century. There are about twenty-six million different
 titles of books. All of these would fit on computers that would fit in
 this room and be able to be afforded by a small company.  So we're at
 a turning point in our history. Universal access is the goal. And the
 opportunity of leading a different life, based on this, is
 the twentieth century. There are about twenty-six million different
 titles of books. All of these would fit on computers that would fit in
 this room and be able to be afforded by a small company.  So we're at
 a turning point in our history. Universal access is the goal. And the
 opportunity of leading a different life, based on this, is

-. . . thrilling. It could be one of the things humankind would be most
+&hellip; thrilling. It could be one of the things humankind would be most

 proud of. Up there with the Library of Alexandria, putting a man on
 the moon, and the invention of the printing press.
 </para>
 </blockquote>
 proud of. Up there with the Library of Alexandria, putting a man on
 the moon, and the invention of the printing press.
 </para>
 </blockquote>

+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 Kahle is not the only librarian. The Internet Archive is not the only
 archive. But Kahle and the Internet Archive suggest what the future of
 <para>
 Kahle is not the only librarian. The Internet Archive is not the only
 archive. But Kahle and the Internet Archive suggest what the future of


@@ -5682,25 +6205,35 @@ arts could make the dream of the Library of Alexandria real again.
 <para>
 Technologists have thus removed the economic costs of building such an
 archive. But lawyers' costs remain. For as much as we might like to
 <para>
 Technologists have thus removed the economic costs of building such an
 archive. But lawyers' costs remain. For as much as we might like to

-call these "archives," as warm as the idea of a "library" might seem,
-the "content" that is collected in these digital spaces is also
-someone's "property." And the law of property restricts the freedoms
+call these <quote>archives,</quote> as warm as the idea of a <quote>library</quote> might seem,
+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>
 that Kahle and others would exercise.
 </para>

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

 <!-- PAGE BREAK 127 -->
 </chapter>
 <!-- PAGE BREAK 127 -->
 </chapter>

-<chapter id="property-i">
-<title>CHAPTER TEN: "Property"</title>
-<para>
-Jack Valenti has been the president of the Motion Picture Association
-of America since 1966. He first came to Washington, D.C., with Lyndon
-Johnson's administration&mdash;literally. The famous picture of
-Johnson's swearing-in on Air Force One after the assassination of
-President Kennedy has Valenti in the background. In his almost forty
-years of running the MPAA, Valenti has established himself as perhaps
-the most prominent and effective lobbyist in Washington.
+<chapter label="10" id="property-i">
+<title>CHAPTER TEN: <quote>Property</quote></title>

 <indexterm><primary>Johnson, Lyndon</primary></indexterm>
 <indexterm><primary>Johnson, Lyndon</primary></indexterm>

+<indexterm><primary>Kennedy, John F.</primary></indexterm>
+<para>
+<emphasis role='strong'>Jack Valenti</emphasis> has been the president
+of the Motion Picture Association of America since 1966. He first came
+to Washington, D.C., with Lyndon Johnson's
+administration&mdash;literally. The famous picture of Johnson's
+swearing-in on Air Force One after the assassination of President
+Kennedy has Valenti in the background. In his almost forty years of
+running the MPAA, Valenti has established himself as perhaps the most
+prominent and effective lobbyist in Washington.

 </para>
 </para>

+<indexterm><primary>Disney, Inc.</primary></indexterm>
+<indexterm><primary>Sony Pictures Entertainment</primary></indexterm>
+<indexterm><primary>MGM</primary></indexterm>
+<indexterm><primary>Paramount Pictures</primary></indexterm>
+<indexterm><primary>Twentieth Century Fox</primary></indexterm>
+<indexterm><primary>Universal Pictures</primary></indexterm>
+<indexterm><primary>Warner Brothers</primary></indexterm>

 <para>
 The MPAA is the American branch of the international Motion Picture
 Association. It was formed in 1922 as a trade association whose goal
 <para>
 The MPAA is the American branch of the international Motion Picture
 Association. It was formed in 1922 as a trade association whose goal


@@ -5712,13 +6245,6 @@ producers and distributors of motion picture and television programs
 in the United States: Walt Disney, Sony Pictures Entertainment, MGM,
 Paramount Pictures, Twentieth Century Fox, Universal Studios, and
 Warner Brothers.
 in the United States: Walt Disney, Sony Pictures Entertainment, MGM,
 Paramount Pictures, Twentieth Century Fox, Universal Studios, and
 Warner Brothers.

-<indexterm><primary>Disney, Inc.</primary></indexterm>
-<indexterm><primary>Sony Pictures Entertainment</primary></indexterm>
-<indexterm><primary>MGM</primary></indexterm>
-<indexterm><primary>Paramount Pictures</primary></indexterm>
-<indexterm><primary>Twentieth Century Fox</primary></indexterm>
-<indexterm><primary>Universal Pictures</primary></indexterm>
-<indexterm><primary>Warner Brothers</primary></indexterm>

 </para>
 <para>
 <!-- PAGE BREAK 128 -->
 </para>
 <para>
 <!-- PAGE BREAK 128 -->


@@ -5740,7 +6266,7 @@ the MPAA rating system, it has probably avoided a great deal of
 speech-regulating harm. But there is an aspect to the organization's
 mission that is both the most radical and the most important. This is
 the organization's effort, epitomized in Valenti's every act, to
 speech-regulating harm. But there is an aspect to the organization's
 mission that is both the most radical and the most important. This is
 the organization's effort, epitomized in Valenti's every act, to

-redefine the meaning of "creative property."
+redefine the meaning of <quote>creative property.</quote>

 </para>
 <para>
 In 1982, Valenti's testimony to Congress captured the strategy
 </para>
 <para>
 In 1982, Valenti's testimony to Congress captured the strategy


@@ -5769,11 +6295,11 @@ Valenti).
 <para>
 The strategy of this rhetoric, like the strategy of most of Valenti's
 rhetoric, is brilliant and simple and brilliant because simple. The
 <para>
 The strategy of this rhetoric, like the strategy of most of Valenti's
 rhetoric, is brilliant and simple and brilliant because simple. The

-"central theme" to which "reasonable men and women" will return is
+<quote>central theme</quote> to which <quote>reasonable men and women</quote> will return is

 this:
 <!-- PAGE BREAK 129 -->
 this:
 <!-- PAGE BREAK 129 -->

-"Creative property owners must be accorded the same rights and
-protections resident in all other property owners in the nation."
+<quote>Creative property owners must be accorded the same rights and
+protections resident in all other property owners in the nation.</quote>

 There are no second-class citizens, Valenti might have
 continued. There should be no second-class property owners.
 </para>
 There are no second-class citizens, Valenti might have
 continued. There should be no second-class property owners.
 </para>


@@ -5784,25 +6310,25 @@ use elections to pick presidents. But in fact, there is no more
 extreme a claim made by <emphasis>anyone</emphasis> who is serious in
 this debate than this claim of Valenti's. Jack Valenti, however sweet
 and however brilliant, is perhaps the nation's foremost extremist when
 extreme a claim made by <emphasis>anyone</emphasis> who is serious in
 this debate than this claim of Valenti's. Jack Valenti, however sweet
 and however brilliant, is perhaps the nation's foremost extremist when

-it comes to the nature and scope of "creative property." His views
+it comes to the nature and scope of <quote>creative property.</quote> His views

 have <emphasis>no</emphasis> reasonable connection to our actual legal
 tradition, even if the subtle pull of his Texan charm has slowly
 redefined that tradition, at least in Washington.
 </para>
 <para>
 have <emphasis>no</emphasis> reasonable connection to our actual legal
 tradition, even if the subtle pull of his Texan charm has slowly
 redefined that tradition, at least in Washington.
 </para>
 <para>

-While "creative property" is certainly "property" in a nerdy and
+While <quote>creative property</quote> is certainly <quote>property</quote> in a nerdy and

 precise sense that lawyers are trained to understand,<footnote><para>
 <!-- f2 -->
 precise sense that lawyers are trained to understand,<footnote><para>
 <!-- f2 -->

-Lawyers speak of "property" not as an absolute thing, but as a bundle
+Lawyers speak of <quote>property</quote> not as an absolute thing, but as a bundle

 of rights that are sometimes associated with a particular
 of rights that are sometimes associated with a particular

-object. Thus, my "property right" to my car gives me the right to
+object. Thus, my <quote>property right</quote> to my car gives me the right to

 exclusive use, but not the right to drive at 150 miles an hour. For
 exclusive use, but not the right to drive at 150 miles an hour. For

-the best effort to connect the ordinary meaning of "property" to
-"lawyer talk," see Bruce Ackerman, <citetitle>Private Property and the
+the best effort to connect the ordinary meaning of <quote>property</quote> to
+<quote>lawyer talk,</quote> see Bruce Ackerman, <citetitle>Private Property and the

 Constitution</citetitle> (New Haven: Yale University Press, 1977), 26&ndash;27.
 </para></footnote> it has never been the case, nor should it be, that
 Constitution</citetitle> (New Haven: Yale University Press, 1977), 26&ndash;27.
 </para></footnote> it has never been the case, nor should it be, that

-"creative property owners" have been "accorded the same rights and
-protection resident in all other property owners." Indeed, if creative
+<quote>creative property owners</quote> have been <quote>accorded the same rights and
+protection resident in all other property owners.</quote> Indeed, if creative

 property owners were given the same rights as all other property
 owners, that would effect a radical, and radically undesirable, change
 in our tradition.
 property owners were given the same rights as all other property
 owners, that would effect a radical, and radically undesirable, change
 in our tradition.


@@ -5837,35 +6363,37 @@ notwithstanding, in assuring that the new can displace them. No
 organization does. No person does. (Ask me about tenure, for example.)
 But what's good for the MPAA is not necessarily good for America. A
 society that defends the ideals of free culture must preserve
 organization does. No person does. (Ask me about tenure, for example.)
 But what's good for the MPAA is not necessarily good for America. A
 society that defends the ideals of free culture must preserve

-precisely the opportunity for new creativity to threaten the old.  To
-get just a hint that there is something fundamentally wrong in
-Valenti's argument, we need look no further than the United States
-Constitution itself.
+precisely the opportunity for new creativity to threaten the old.

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

-The framers of our Constitution loved "property." Indeed, so strongly
+<emphasis role='strong'>To get</emphasis> just a hint that there is
+something fundamentally wrong in Valenti's argument, we need look no
+further than the United States Constitution itself.
+</para>
+<para>
+The framers of our Constitution loved <quote>property.</quote> Indeed, so strongly

 did they love property that they built into the Constitution an
 important requirement. If the government takes your property&mdash;if
 it condemns your house, or acquires a slice of land from your
 did they love property that they built into the Constitution an
 important requirement. If the government takes your property&mdash;if
 it condemns your house, or acquires a slice of land from your

-farm&mdash;it is required, under the Fifth Amendment's "Takings
-Clause," to pay you "just compensation" for that taking. The
+farm&mdash;it is required, under the Fifth Amendment's <quote>Takings
+Clause,</quote> to pay you <quote>just compensation</quote> for that taking. The

 Constitution thus guarantees that property is, in a certain sense,
 sacred. It cannot <emphasis>ever</emphasis> be taken from the property
 owner unless the government pays for the privilege.
 </para>
 <para>
 Yet the very same Constitution speaks very differently about what
 Constitution thus guarantees that property is, in a certain sense,
 sacred. It cannot <emphasis>ever</emphasis> be taken from the property
 owner unless the government pays for the privilege.
 </para>
 <para>
 Yet the very same Constitution speaks very differently about what

-Valenti calls "creative property." In the clause granting Congress the
-power to create "creative property," the Constitution
-<emphasis>requires</emphasis> that after a "limited time," Congress
-take back the rights that it has granted and set the "creative
-property" free to the public domain. Yet when Congress does this, when
-the expiration of a copyright term "takes" your copyright and turns it
+Valenti calls <quote>creative property.</quote> In the clause granting Congress the
+power to create <quote>creative property,</quote> the Constitution
+<emphasis>requires</emphasis> that after a <quote>limited time,</quote> Congress
+take back the rights that it has granted and set the <quote>creative
+property</quote> free to the public domain. Yet when Congress does this, when
+the expiration of a copyright term <quote>takes</quote> your copyright and turns it

 over to the public domain, Congress does not have any obligation to
 over to the public domain, Congress does not have any obligation to

-pay "just compensation" for this "taking."  Instead, the same
+pay <quote>just compensation</quote> for this <quote>taking.</quote>  Instead, the same

 Constitution that requires compensation for your land
 <!-- PAGE BREAK 131 -->
 Constitution that requires compensation for your land
 <!-- PAGE BREAK 131 -->

-requires that you lose your "creative property" right without any
+requires that you lose your <quote>creative property</quote> right without any

 compensation at all.
 </para>
 <para>
 compensation at all.
 </para>
 <para>


@@ -5877,6 +6405,7 @@ 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.


@@ -5897,9 +6426,11 @@ 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
 <para>
 To answer this question, we need to get some perspective on the

-history of these "creative property" rights, and the control that they
+history of these <quote>creative property</quote> rights, and the control that they

 enabled.  Once we see clearly how differently these rights have been
 defined, we will be in a better position to ask the question that
 should be at the core of this war: Not <emphasis>whether</emphasis>
 enabled.  Once we see clearly how differently these rights have been
 defined, we will be in a better position to ask the question that
 should be at the core of this war: Not <emphasis>whether</emphasis>


@@ -5910,6 +6441,10 @@ ought to be. Not <emphasis>whether</emphasis> artists should be paid,
 but whether institutions designed to assure that artists get paid need
 also control how culture develops.
 </para>
 but whether institutions designed to assure that artists get paid need
 also control how culture develops.
 </para>

+<indexterm id='idxfreeculturefourmodalitiesofconstrainton' class='startofrange'><primary>free culture</primary><secondary>four modalities of constraint on</secondary></indexterm>
+<indexterm id='idxregulationfourmodalitiesof' class='startofrange'><primary>regulation</primary><secondary>four modalities of</secondary></indexterm>
+<indexterm id='idxcopyrightlawasexpostregulationmodality' class='startofrange'><primary>copyright law</primary><secondary>as ex post regulation modality</secondary></indexterm>
+<indexterm id='idxlawasconstraintmodality' class='startofrange'><primary>law</primary><secondary>as constraint modality</secondary></indexterm>

 <para>
 
 <!-- PAGE BREAK 132 -->
 <para>
 
 <!-- PAGE BREAK 132 -->


@@ -5923,8 +6458,9 @@ weaken the right or regulation. I represented it with this diagram:
 </para>
 <figure id="fig-1331">
 <title>How four different modalities of regulation interact to support or weaken the right or regulation.</title>
 </para>
 <figure id="fig-1331">
 <title>How four different modalities of regulation interact to support or weaken the right or regulation.</title>

-<graphic fileref="images/1331.png"></graphic>
+<graphic fileref="images/1331.svg" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<indexterm><primary>Madonna</primary></indexterm>

 <para>
 At the center of this picture is a regulated dot: the individual or
 group that is the target of regulation, or the holder of a right. (In
 <para>
 At the center of this picture is a regulated dot: the individual or
 group that is the target of regulation, or the holder of a right. (In


@@ -5942,6 +6478,7 @@ 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


@@ -5953,6 +6490,7 @@ 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 id='idxmarketconstraints' class='startofrange'><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


@@ -5963,9 +6501,10 @@ 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,
 <para>
 Finally, and for the moment, perhaps, most mysteriously,

-"architecture"&mdash;the physical world as one finds it&mdash;is a
+<quote>architecture</quote>&mdash;the physical world as one finds it&mdash;is a

 constraint on behavior.  A fallen bridge might constrain your ability
 to get across a river. Railroad tracks might constrain the ability of
 a community to integrate its social life. As with the market,
 constraint on behavior.  A fallen bridge might constrain your ability
 to get across a river. Railroad tracks might constrain the ability of
 a community to integrate its social life. As with the market,


@@ -5973,11 +6512,15 @@ architecture does not effect its constraint through ex post
 punishments. Instead, also as with the market, architecture effects
 its constraint through simultaneous conditions. These conditions are
 imposed not by courts enforcing contracts, or by police punishing
 punishments. Instead, also as with the market, architecture effects
 its constraint through simultaneous conditions. These conditions are
 imposed not by courts enforcing contracts, or by police punishing

-theft, but by nature, by "architecture."  If a 500-pound boulder
+theft, but by nature, by <quote>architecture.</quote>  If a 500-pound boulder

 blocks your way, it is the law of gravity that enforces this
 constraint. If a $500 airplane ticket stands between you and a flight
 to New York, it is the market that enforces this constraint.
 </para>
 blocks your way, it is the law of gravity that enforces this
 constraint. If a $500 airplane ticket stands between you and a flight
 to New York, it is the market that enforces this constraint.
 </para>

+<indexterm startref='idxcopyrightlawasexpostregulationmodality' class='endofrange'/>
+<indexterm startref='idxlawasconstraintmodality' class='endofrange'/>
+<indexterm startref='idxmarketconstraints' class='endofrange'/>
+<indexterm id='idxlawasconstraintmodality2' class='startofrange'><primary>law</primary><secondary>as constraint modality</secondary></indexterm>

 <para>
 
 <!-- PAGE BREAK 134 -->
 <para>
 
 <!-- PAGE BREAK 134 -->


@@ -5995,11 +6538,13 @@ be; my claim is not about comprehensiveness), these four are among the
 most significant, and any regulator (whether controlling or freeing)
 must consider how these four in particular interact.
 </para>
 most significant, and any regulator (whether controlling or freeing)
 must consider how these four in particular interact.
 </para>

-<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>
+<indexterm id='idxdrivingspeedconstraintson' class='startofrange'><primary>driving speed, constraints on</primary></indexterm>
+<indexterm id='idxspeedingconstraintson' class='startofrange'><primary>speeding, constraints on</primary></indexterm>

 <para>
 <para>

-So, for example, consider the "freedom" to drive a car at a high
+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
 say how fast you can drive in particular places at particular
 times. It is in part restricted by architecture: speed bumps, for
 speed. That freedom is in part restricted by laws: speed limits that
 say how fast you can drive in particular places at particular
 times. It is in part restricted by architecture: speed bumps, for


@@ -6023,7 +6568,7 @@ do. Law's only distinction is that it alone speaks as if it has a
 right self-consciously to change the other three. The right of the
 other three is more timidly expressed.  See Lawrence Lessig, <citetitle>Code: And
 Other Laws of Cyberspace</citetitle> (New York: Basic Books, 1999): 90&ndash;95;
 right self-consciously to change the other three. The right of the
 other three is more timidly expressed.  See Lawrence Lessig, <citetitle>Code: And
 Other Laws of Cyberspace</citetitle> (New York: Basic Books, 1999): 90&ndash;95;

-Lawrence Lessig, "The New Chicago School," <citetitle>Journal of Legal Studies</citetitle>,
+Lawrence Lessig, <quote>The New Chicago School,</quote> <citetitle>Journal of Legal Studies</citetitle>,

 June 1998.
 </para></footnote>
 The law, in other words, sometimes operates to increase or decrease
 June 1998.
 </para></footnote>
 The law, in other words, sometimes operates to increase or decrease


@@ -6038,12 +6583,14 @@ strict&mdash;a federal requirement that states decrease the speed
 limit, for example&mdash;so as to decrease the attractiveness of fast
 driving.
 </para>
 limit, for example&mdash;so as to decrease the attractiveness of fast
 driving.
 </para>

-<indexterm startref="idxdrivespeed" class='endofrange'/>
-
+<indexterm startref='idxdrivingspeedconstraintson' class='endofrange'/>
+<indexterm startref='idxspeedingconstraintson' class='endofrange'/>

 <figure id="fig-1361">
 <title>Law has a special role in affecting the three.</title>
 <figure id="fig-1361">
 <title>Law has a special role in affecting the three.</title>

-<graphic fileref="images/1361.png"></graphic>
+<graphic fileref="images/1361.svg" align="center" width="50%"></graphic>
+

 </figure>
 </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


@@ -6053,7 +6600,7 @@ another. A freedom enabled by one modality might be displaced by
 another.<footnote>
 <para>
 <!-- f4 -->
 another.<footnote>
 <para>
 <!-- f4 -->

-Some people object to this way of talking about "liberty." They object
+Some people object to this way of talking about <quote>liberty.</quote> They object

 because their focus when considering the constraints that exist at any
 particular moment are constraints imposed exclusively by the
 government. For instance, if a storm destroys a bridge, these people
 because their focus when considering the constraints that exist at any
 particular moment are constraints imposed exclusively by the
 government. For instance, if a storm destroys a bridge, these people


@@ -6064,28 +6611,34 @@ is to confuse the stuff of politics with the vagaries of ordinary
 life.  I don't mean to deny the value in this narrower view, which
 depends upon the context of the inquiry. I do, however, mean to argue
 against any insistence that this narrower view is the only proper view
 life.  I don't mean to deny the value in this narrower view, which
 depends upon the context of the inquiry. I do, however, mean to argue
 against any insistence that this narrower view is the only proper view

-of liberty. As I argued in <citetitle>Code</citetitle>, we come from a long tradition of
-political thought with a broader focus than the narrow question of
-what the government did when.  John Stuart Mill defended freedom of
-speech, for example, from the tyranny of narrow minds, not from the
-fear of government prosecution; John Stuart Mill, <citetitle>On Liberty</citetitle> (Indiana:
-Hackett Publishing Co., 1978), 19.  John R. Commons famously defended
-the economic freedom of labor from constraints imposed by the market;
-John R. Commons, "The Right to Work," in Malcom Rutherford and Warren
-J. Samuels, eds., <citetitle>John R. Commons: Selected Essays</citetitle> (London:
+of liberty. As I argued in <citetitle>Code</citetitle>, we come from a
+long tradition of political thought with a broader focus than the
+narrow question of what the government did when.  John Stuart Mill
+defended freedom of speech, for example, from the tyranny of narrow
+minds, not from the fear of government prosecution; John Stuart Mill,
+<citetitle>On Liberty</citetitle> (Indiana: Hackett Publishing Co.,
+1978), 19.  John R. Commons famously defended the economic freedom of
+labor from constraints imposed by the market; John R. Commons, <quote>The
+Right to Work,</quote> in Malcom Rutherford and Warren J. Samuels, eds.,
+<citetitle>John R. Commons: Selected Essays</citetitle> (London:

 Routledge: 1997), 62. The Americans with Disabilities Act increases
 the liberty of people with physical disabilities by changing the
 architecture of certain public places, thereby making access to those
 Routledge: 1997), 62. The Americans with Disabilities Act increases
 the liberty of people with physical disabilities by changing the
 architecture of certain public places, thereby making access to those

-places easier; 42 <citetitle>United States Code</citetitle>, section 12101 (2000).  Each of
-these interventions to change existing conditions changes the liberty
-of a particular group. The effect of those interventions should be
-accounted for in order to understand the effective liberty that each
-of these groups might face.
+places easier; 42 <citetitle>United States Code</citetitle>, section
+12101 (2000).  Each of these interventions to change existing
+conditions changes the liberty of a particular group. The effect of
+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>
 <indexterm><primary>Commons, John R.</primary></indexterm>

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

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

+<indexterm startref='idxlawasconstraintmodality2' class='endofrange'/>

 <section id="hollywood">
 <title>Why Hollywood Is Right</title>
 <section id="hollywood">
 <title>Why Hollywood Is Right</title>

+<indexterm id='idxcopyrightfourregulatorymodalitieson' class='startofrange'><primary>copyright</primary><secondary>four regulatory modalities on</secondary></indexterm>

 <para>
 The most obvious point that this model reveals is just why, or just
 how, Hollywood is right. The copyright warriors have rallied Congress
 <para>
 The most obvious point that this model reveals is just why, or just
 how, Hollywood is right. The copyright warriors have rallied Congress


@@ -6098,8 +6651,12 @@ Internet:
 </para>
 <figure id="fig-1371">
 <title>Copyright's regulation before the Internet.</title>
 </para>
 <figure id="fig-1371">
 <title>Copyright's regulation before the Internet.</title>

-<graphic fileref="images/1331.png"></graphic>
+<graphic fileref="images/1331.svg" align="center" width="50%"></graphic>
+

 </figure>
 </figure>

+<indexterm id='idxarchitectureconstrainteffectedthrough' class='startofrange'><primary>architecture, constraint effected through</primary></indexterm>
+<indexterm><primary>law</primary><secondary>as constraint modality</secondary></indexterm>
+<indexterm id='idxnormsregulatoryinfluenceof2' class='startofrange'><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


@@ -6113,6 +6670,10 @@ uses of copyrighted material may well be infringement, but the norms
 of our society (before the Internet, at least) had no problem with
 this form of infringement.
 </para>
 of our society (before the Internet, at least) had no problem with
 this form of infringement.
 </para>

+<indexterm id='idxinternetcopyrightregulatorybalancelostwith' class='startofrange'><primary>Internet</primary><secondary>copyright regulatory balance lost with</secondary></indexterm>
+<indexterm><primary>peer-to-peer (p2p) file sharing</primary><secondary>regulatory balance lost in</secondary></indexterm>
+<indexterm><primary>market constraints</primary></indexterm>
+<indexterm><primary>MP3s</primary></indexterm>

 <para>
 Enter the Internet, or, more precisely, technologies such as MP3s and
 p2p sharing. Now the constraint of architecture changes dramatically,
 <para>
 Enter the Internet, or, more precisely, technologies such as MP3s and
 p2p sharing. Now the constraint of architecture changes dramatically,


@@ -6121,6 +6682,9 @@ architecture relax the regulation of copyright, norms pile on. The
 happy balance (for the warriors, at least) of life before the Internet
 becomes an effective state of anarchy after the Internet.
 </para>
 happy balance (for the warriors, at least) of life before the Internet
 becomes an effective state of anarchy after the Internet.
 </para>

+<indexterm startref='idxarchitectureconstrainteffectedthrough' class='endofrange'/>
+<indexterm startref='idxnormsregulatoryinfluenceof2' class='endofrange'/>
+<indexterm><primary>technology</primary><secondary>established industries threatened by changes in</secondary></indexterm>

 <para>
 Thus the sense of, and justification for, the warriors' response.
 Technology has changed, the warriors say, and the effect of this
 <para>
 Thus the sense of, and justification for, the warriors' response.
 Technology has changed, the warriors say, and the effect of this


@@ -6133,11 +6697,14 @@ looting that results.
 </para>
 <figure id="fig-1381">
 <title>effective state of anarchy after the Internet.</title>
 </para>
 <figure id="fig-1381">
 <title>effective state of anarchy after the Internet.</title>

-<graphic fileref="images/1381.png"></graphic>
+<graphic fileref="images/1381.svg" align="center" width="50%"></graphic>
+

 </figure>
 </figure>

+<indexterm><primary>Commerce, U.S. Department of</primary></indexterm>
+<indexterm id='idxregulationasestablishmentprotectionism' class='startofrange'><primary>regulation</primary><secondary>as establishment protectionism</secondary></indexterm>

 <para>
 Neither this analysis nor the conclusions that follow are new to the
 <para>
 Neither this analysis nor the conclusions that follow are new to the

-warriors. Indeed, in a "White Paper" prepared by the Commerce
+warriors. Indeed, in a <quote>White Paper</quote> prepared by the Commerce

 Department (one heavily influenced by the copyright warriors) in 1995,
 this mix of regulatory modalities had already been identified and the
 strategy to respond already mapped. In response to the changes the
 Department (one heavily influenced by the copyright warriors) in 1995,
 this mix of regulatory modalities had already been identified and the
 strategy to respond already mapped. In response to the changes the


@@ -6147,6 +6714,10 @@ innovative marketing techniques, (3) technologists should push to
 develop code to protect copyrighted material, and (4) educators should
 educate kids to better protect copyright.
 </para>
 develop code to protect copyrighted material, and (4) educators should
 educate kids to better protect copyright.
 </para>

+<indexterm startref='idxfreeculturefourmodalitiesofconstrainton' class='endofrange'/>
+<indexterm startref='idxregulationfourmodalitiesof' class='endofrange'/>
+<indexterm><primary>farming</primary></indexterm>
+<indexterm><primary>steel industry</primary></indexterm>

 <para>
 This mixed strategy is just what copyright needed&mdash;if it was to
 preserve the particular balance that existed before the change induced
 <para>
 This mixed strategy is just what copyright needed&mdash;if it was to
 preserve the particular balance that existed before the change induced


@@ -6164,14 +6735,25 @@ to bail them out when a virus (architecture) devastates their
 crop. Unions have no hesitation appealing to the government to bail
 them out when imports (market) wipe out the U.S. steel industry.
 </para>
 crop. Unions have no hesitation appealing to the government to bail
 them out when imports (market) wipe out the U.S. steel industry.
 </para>

+<indexterm startref='idxcopyrightfourregulatorymodalitieson' class='endofrange'/>
+<indexterm startref='idxinternetcopyrightregulatorybalancelostwith' class='endofrange'/>
+<indexterm><primary>Brown, John Seely</primary></indexterm>

 <para>
 Thus, there's nothing wrong or surprising in the content industry's
 campaign to protect itself from the harmful consequences of a
 technological innovation. And I would be the last person to argue that
 the changing technology of the Internet has not had a profound effect
 on the content industry's way of doing business, or as John Seely
 <para>
 Thus, there's nothing wrong or surprising in the content industry's
 campaign to protect itself from the harmful consequences of a
 technological innovation. And I would be the last person to argue that
 the changing technology of the Internet has not had a profound effect
 on the content industry's way of doing business, or as John Seely

-Brown describes it, its "architecture of revenue."
+Brown describes it, its <quote>architecture of revenue.</quote>

 </para>
 </para>

+<indexterm><primary>advertising</primary></indexterm>
+<indexterm><primary>television</primary><secondary>advertising on</secondary></indexterm>
+<indexterm><primary>commercials</primary></indexterm>
+<indexterm><primary>camera technology</primary></indexterm>
+<indexterm><primary>digital cameras</primary></indexterm>
+<indexterm><primary>Kodak cameras</primary></indexterm>
+<indexterm><primary>railroad industry</primary></indexterm>
+<indexterm><primary>remote channel changers</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


@@ -6181,11 +6763,11 @@ doing business. Kodak, for example, has lost perhaps as much as 20
 percent of their traditional film market to the emerging technologies
 of digital cameras.<footnote><para>
 <!-- f5 -->
 percent of their traditional film market to the emerging technologies
 of digital cameras.<footnote><para>
 <!-- f5 -->

-See Geoffrey Smith, "Film vs. Digital: Can Kodak Build a Bridge?"
+See Geoffrey Smith, <quote>Film vs. Digital: Can Kodak Build a Bridge?</quote>

 BusinessWeek online, 2 August 1999, available at
 <ulink url="http://free-culture.cc/notes/">link #23</ulink>. For a more
 recent analysis of Kodak's place in the market, see Chana
 BusinessWeek online, 2 August 1999, available at
 <ulink url="http://free-culture.cc/notes/">link #23</ulink>. For a more
 recent analysis of Kodak's place in the market, see Chana

-R. Schoenberger, "Can Kodak Make Up for Lost Moments?" Forbes.com, 6
+R. Schoenberger, <quote>Can Kodak Make Up for Lost Moments?</quote> Forbes.com, 6

 October 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #24</ulink>.
 </para></footnote>
 October 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #24</ulink>.
 </para></footnote>


@@ -6195,13 +6777,20 @@ support Kodak? Highways have weakened the freight business for
 railroads. Does anyone think we should ban trucks from roads
 <emphasis>for the purpose of</emphasis> protecting the railroads?
 Closer to the subject of this book, remote channel changers have
 railroads. Does anyone think we should ban trucks from roads
 <emphasis>for the purpose of</emphasis> protecting the railroads?
 Closer to the subject of this book, remote channel changers have

-weakened the "stickiness" of television advertising (if a boring
-commercial comes on the TV, the remote makes it easy to surf ), and it
+weakened the <quote>stickiness</quote> of television advertising (if a boring
+commercial comes on the TV, the remote makes it easy to surf), and it

 may well be that this change has weakened the television advertising
 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>
 may well be that this change has weakened the television advertising
 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>

+<indexterm id='idxfreemarkettechnologicalchangesin' class='startofrange'><primary>free market, technological changes in</primary></indexterm>
+<indexterm><primary>Brezhnev, Leonid</primary></indexterm>
+<indexterm><primary>FM radio</primary></indexterm>
+<indexterm><primary>radio</primary><secondary>FM spectrum of</secondary></indexterm>
+<indexterm><primary>Gates, Bill</primary></indexterm>
+<indexterm><primary>market competition</primary></indexterm>
+<indexterm><primary>RCA</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


@@ -6210,8 +6799,8 @@ free trade, the government's role is not to support one way of doing
 business against others. Its role is not to pick winners and protect
 them against loss. If the government did this generally, then we would
 never have any progress. As Microsoft chairman Bill Gates wrote in
 business against others. Its role is not to pick winners and protect
 them against loss. If the government did this generally, then we would
 never have any progress. As Microsoft chairman Bill Gates wrote in

-1991, in a memo criticizing software patents, "established companies
-have an interest in excluding future competitors."<footnote><para>
+1991, in a memo criticizing software patents, <quote>established companies
+have an interest in excluding future competitors.</quote><footnote><para>

 <!-- f6 -->
 Fred Warshofsky, <citetitle>The Patent Wars</citetitle> (New York: Wiley, 1994), 170&ndash;71.
 </para></footnote>
 <!-- f6 -->
 Fred Warshofsky, <citetitle>The Patent Wars</citetitle> (New York: Wiley, 1994), 170&ndash;71.
 </para></footnote>


@@ -6222,7 +6811,6 @@ 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


@@ -6234,6 +6822,9 @@ changes they create, in response to the request of those hurt by
 changing technology, are changes that preserve the incentives and
 opportunities for innovation and change.
 </para>
 changing technology, are changes that preserve the incentives and
 opportunities for innovation and change.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>
+<indexterm><primary>speech, freedom of</primary><secondary>constitutional guarantee of</secondary></indexterm>

 <para>
 In the context of laws regulating speech&mdash;which include,
 obviously, copyright law&mdash;that duty is even stronger. When the
 <para>
 In the context of laws regulating speech&mdash;which include,
 obviously, copyright law&mdash;that duty is even stronger. When the


@@ -6242,17 +6833,19 @@ respond in a way that burdens speech and creativity, policy makers
 should be especially wary of the request. It is always a bad deal for
 the government to get into the business of regulating speech
 markets. The risks and dangers of that game are precisely why our
 should be especially wary of the request. It is always a bad deal for
 the government to get into the business of regulating speech
 markets. The risks and dangers of that game are precisely why our

-framers created the First Amendment to our Constitution: "Congress
-shall make no law . . .  abridging the freedom of speech." So when
-Congress is being asked to pass laws that would "abridge" the freedom
+framers created the First Amendment to our Constitution: <quote>Congress
+shall make no law &hellip;  abridging the freedom of speech.</quote> So when
+Congress is being asked to pass laws that would <quote>abridge</quote> the freedom

 of speech, it should ask&mdash; carefully&mdash;whether such
 regulation is justified.
 </para>
 of speech, it should ask&mdash; carefully&mdash;whether such
 regulation is justified.
 </para>

+<indexterm startref='idxregulationasestablishmentprotectionism' class='endofrange'/>
+<indexterm startref='idxfreemarkettechnologicalchangesin' class='endofrange'/>

 <para>
 My argument just now, however, has nothing to do with whether
 <!-- PAGE BREAK 140 -->
 the changes that are being pushed by the copyright warriors are
 <para>
 My argument just now, however, has nothing to do with whether
 <!-- PAGE BREAK 140 -->
 the changes that are being pushed by the copyright warriors are

-"justified."  My argument is about their effect. For before we get to
+<quote>justified.</quote>  My argument is about their effect. For before we get to

 the question of justification, a hard question that depends a great
 deal upon your values, we should first ask whether we understand the
 effect of the changes the content industry wants.
 the question of justification, a hard question that depends a great
 deal upon your values, we should first ask whether we understand the
 effect of the changes the content industry wants.


@@ -6260,16 +6853,16 @@ effect of the changes the content industry wants.
 <para>
 Here's the metaphor that will capture the argument to follow.
 </para>
 <para>
 Here's the metaphor that will capture the argument to follow.
 </para>

-<indexterm id="idxddt" class='startofrange'>
-  <primary>DDT</primary>
-</indexterm>
+<indexterm id='idxmllerpaulhermann' class='startofrange'><primary>Müller, Paul Hermann</primary></indexterm>
+<indexterm id='idxddt' class='startofrange'><primary>DDT</primary></indexterm>
+<indexterm id='idxinsecticideenvironmentalconsequencesof' class='startofrange'><primary>insecticide, environmental consequences of</primary></indexterm>
+<indexterm id='idxfarming' class='startofrange'><primary>farming</primary></indexterm>

 <para>
 In 1873, the chemical DDT was first synthesized. In 1948, Swiss
 chemist Paul Hermann Müller won the Nobel Prize for his work
 demonstrating the insecticidal properties of DDT. By the 1950s, the
 insecticide was widely used around the world to kill disease-carrying
 pests. It was also used to increase farm production.
 <para>
 In 1873, the chemical DDT was first synthesized. In 1948, Swiss
 chemist Paul Hermann Müller won the Nobel Prize for his work
 demonstrating the insecticidal properties of DDT. By the 1950s, the
 insecticide was widely used around the world to kill disease-carrying
 pests. It was also used to increase farm production.

-<indexterm><primary>Müller, Paul Hermann</primary></indexterm>

 </para>
 <para>
 No one doubts that killing disease-carrying pests or increasing crop
 </para>
 <para>
 No one doubts that killing disease-carrying pests or increasing crop


@@ -6277,13 +6870,13 @@ 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 Spring (Carson)</primary></indexterm>
+<indexterm id='idxenvironmentalism' class='startofrange'><primary>environmentalism</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


@@ -6294,18 +6887,21 @@ 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 startref='idxmllerpaulhermann' class='endofrange'/>
+<indexterm><primary>Boyle, James</primary></indexterm>
+<indexterm id='idxcopyrightlawinnovativefreedombalancedwithfaircompensationin2' class='startofrange'><primary>copyright law</primary><secondary>innovative freedom balanced with fair compensation in</secondary></indexterm>

 <para>
 It is to this image precisely that Duke University law professor James
 <para>
 It is to this image precisely that Duke University law professor James

-Boyle appeals when he argues that we need an "environmentalism" for
+Boyle appeals when he argues that we need an <quote>environmentalism</quote> for

 culture.<footnote><para>
 <!-- f7 -->
 culture.<footnote><para>
 <!-- f7 -->

-See, for example, James Boyle, "A Politics of Intellectual Property:
-Environmentalism for the Net?" <citetitle>Duke Law Journal</citetitle> 47 (1997): 87.
+See, for example, James Boyle, <quote>A Politics of Intellectual Property:
+Environmentalism for the Net?</quote> <citetitle>Duke Law Journal</citetitle> 47 (1997): 87.

 </para></footnote>
 His point, and the point I want to develop in the balance of this
 chapter, is not that the aims of copyright are flawed. Or that authors
 should not be paid for their work. Or that music should be given away
 </para></footnote>
 His point, and the point I want to develop in the balance of this
 chapter, is not that the aims of copyright are flawed. Or that authors
 should not be paid for their work. Or that music should be given away

-"for free." The point is that some of the ways in which we might
+<quote>for free.</quote> The point is that some of the ways in which we might

 protect authors will have unintended consequences for the cultural
 environment, much like DDT had for the natural environment. And just
 <!-- PAGE BREAK 141 -->
 protect authors will have unintended consequences for the cultural
 environment, much like DDT had for the natural environment. And just
 <!-- PAGE BREAK 141 -->


@@ -6315,6 +6911,7 @@ protecting copyright not an endorsement of anarchy or an attack on
 authors.  It is an environment of creativity that we seek, and we
 should be aware of our actions' effects on the environment.
 </para>
 authors.  It is an environment of creativity that we seek, and we
 should be aware of our actions' effects on the environment.
 </para>

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

 <para>
 My argument, in the balance of this chapter, tries to map exactly
 this effect. No doubt the technology of the Internet has had a dramatic
 <para>
 My argument, in the balance of this chapter, tries to map exactly
 this effect. No doubt the technology of the Internet has had a dramatic


@@ -6326,23 +6923,35 @@ not be only that copyrighted work is effectively protected. Also, and
 generally missed, the net effect of this massive increase in protection
 will be devastating to the environment for creativity.
 </para>
 generally missed, the net effect of this massive increase in protection
 will be devastating to the environment for creativity.
 </para>

+<indexterm startref='idxcopyrightlawinnovativefreedombalancedwithfaircompensationin2' class='endofrange'/>

 <para>
 In a line: To kill a gnat, we are spraying DDT with consequences
 for free culture that will be far more devastating than that this gnat will
 be lost.
 </para>
 <para>
 In a line: To kill a gnat, we are spraying DDT with consequences
 for free culture that will be far more devastating than that this gnat will
 be lost.
 </para>

-<indexterm startref="idxddt" class='endofrange'/>
+<indexterm startref='idxddt' class='endofrange'/>
+<indexterm startref='idxinsecticideenvironmentalconsequencesof' class='endofrange'/>
+<indexterm startref='idxenvironmentalism' class='endofrange'/>

 </section>
 <section id="beginnings">
 <title>Beginnings</title>
 </section>
 <section id="beginnings">
 <title>Beginnings</title>

+<indexterm><primary>Constitution, U.S.</primary><secondary>on creative property</secondary></indexterm>
+<indexterm id='idxconstitutionuscopyrightpurposeestablishedin' class='startofrange'><primary>Constitution, U.S.</primary><secondary>copyright purpose established in</secondary></indexterm>
+<indexterm id='idxconstitutionusprogressclauseof' class='startofrange'><primary>Constitution, U.S.</primary><secondary>Progress Clause of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>constitutional purpose of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcreativepropertyconstitutionaltraditionon2' class='startofrange'><primary>creative property</primary><secondary>constitutional tradition on</secondary></indexterm>
+<indexterm id='idxprogressclause' class='startofrange'><primary>Progress Clause</primary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>

 <para>
 America copied English copyright law. Actually, we copied and improved
 <para>
 America copied English copyright law. Actually, we copied and improved

-English copyright law. Our Constitution makes the purpose of "creative
-property" rights clear; its express limitations reinforce the English
+English copyright law. Our Constitution makes the purpose of <quote>creative
+property</quote> rights clear; its express limitations reinforce the English

 aim to avoid overly powerful publishers.
 </para>
 aim to avoid overly powerful publishers.
 </para>

+<indexterm id='idxcongressusinconstitutionalprogressclause' class='startofrange'><primary>Congress, U.S.</primary><secondary>in constitutional Progress Clause</secondary></indexterm>

 <para>
 <para>

-The power to establish "creative property" rights is granted to
+The power to establish <quote>creative property</quote> rights is granted to

 Congress in a way that, for our Constitution, at least, is very
 odd. Article I, section 8, clause 8 of our Constitution states that:
 </para>
 Congress in a way that, for our Constitution, at least, is very
 odd. Article I, section 8, clause 8 of our Constitution states that:
 </para>


@@ -6352,22 +6961,29 @@ useful Arts, by securing for limited Times to Authors and Inventors
 the exclusive Right to their respective Writings and Discoveries.
 
 <!-- PAGE BREAK 142 -->
 the exclusive Right to their respective Writings and Discoveries.
 
 <!-- PAGE BREAK 142 -->

-We can call this the "Progress Clause," for notice what this clause
+We can call this the <quote>Progress Clause,</quote> for notice what this clause

 does not say. It does not say Congress has the power to grant
 does not say. It does not say Congress has the power to grant

-"creative property rights." It says that Congress has the power
+<quote>creative property rights.</quote> It says that Congress has the power

 <emphasis>to promote progress</emphasis>. The grant of power is its
 purpose, and its purpose is a public one, not the purpose of enriching
 publishers, nor even primarily the purpose of rewarding authors.
 </para>
 <emphasis>to promote progress</emphasis>. The grant of power is its
 purpose, and its purpose is a public one, not the purpose of enriching
 publishers, nor even primarily the purpose of rewarding authors.
 </para>

+<indexterm startref='idxcongressusinconstitutionalprogressclause' class='endofrange'/>
+<indexterm id='idxcopyrightlawasprotectionofcreators' class='startofrange'><primary>copyright law</primary><secondary>as protection of creators</secondary></indexterm>
+<indexterm id='idxcopyrightlawhistoryofamerican' class='startofrange'><primary>copyright law</primary><secondary>history of American</secondary></indexterm>

 <para>
 The Progress Clause expressly limits the term of copyrights. As we saw
 <para>
 The Progress Clause expressly limits the term of copyrights. As we saw

-in chapter 6, the English limited the term of copyright so as to
-assure that a few would not exercise disproportionate control over
-culture by exercising disproportionate control over publishing. We can
-assume the framers followed the English for a similar purpose. Indeed,
-unlike the English, the framers reinforced that objective, by
-requiring that copyrights extend "to Authors" only.
-</para>
+in chapter <xref xrefstyle="select: labelnumber" linkend="founders"/>,
+the English limited the term of copyright so as to assure that a few
+would not exercise disproportionate control over culture by exercising
+disproportionate control over publishing. We can assume the framers
+followed the English for a similar purpose. Indeed, unlike the
+English, the framers reinforced that objective, by requiring that
+copyrights extend <quote>to Authors</quote> only.
+</para>
+<indexterm><primary>Senate, U.S.</primary></indexterm>
+<indexterm><primary>Constitution, U.S.</primary><secondary>structural checks and balances of</secondary></indexterm>
+<indexterm><primary>electoral college</primary></indexterm>

 <para>
 The design of the Progress Clause reflects something about the
 Constitution's design in general. To avoid a problem, the framers
 <para>
 The design of the Progress Clause reflects something about the
 Constitution's design in general. To avoid a problem, the framers


@@ -6383,13 +6999,19 @@ case, a <emphasis>structure</emphasis> built checks and balances into
 the constitutional frame, structured to prevent otherwise inevitable
 concentrations of power.
 </para>
 the constitutional frame, structured to prevent otherwise inevitable
 concentrations of power.
 </para>

+<indexterm startref='idxconstitutionusprogressclauseof' class='endofrange'/>
+<indexterm startref='idxprogressclause' class='endofrange'/>

 <para>
 <para>

-I doubt the framers would recognize the regulation we call "copyright"
+I doubt the framers would recognize the regulation we call <quote>copyright</quote>

 today. The scope of that regulation is far beyond anything they ever
 considered. To begin to understand what they did, we need to put our
 today. The scope of that regulation is far beyond anything they ever
 considered. To begin to understand what they did, we need to put our

-"copyright" in context: We need to see how it has changed in the 210
+<quote>copyright</quote> in context: We need to see how it has changed in the 210

 years since they first struck its design.
 </para>
 years since they first struck its design.
 </para>

+<indexterm startref='idxconstitutionuscopyrightpurposeestablishedin' class='endofrange'/>
+<indexterm startref='idxcreativepropertyconstitutionaltraditionon2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawasprotectionofcreators' class='endofrange'/>
+<indexterm><primary>copyright</primary><secondary>four regulatory modalities on</secondary></indexterm>

 <para>
 Some of these changes come from the law: some in light of changes
 in technology, and some in light of changes in technology given a
 <para>
 Some of these changes come from the law: some in light of changes
 in technology, and some in light of changes in technology given a


@@ -6399,14 +7021,14 @@ started here:
 </para>
 <figure id="fig-1441">
 <title>Copyright's regulation before the Internet.</title>
 </para>
 <figure id="fig-1441">
 <title>Copyright's regulation before the Internet.</title>

-<graphic fileref="images/1331.png"></graphic>
+<graphic fileref="images/1331.svg" align="center" width="50%"></graphic>

 </figure>
 <para>
 We will end here:
 </para>
 <figure id="fig-1442">
 </figure>
 <para>
 We will end here:
 </para>
 <figure id="fig-1442">

-<title>&quot;Copyright&quot; today.</title>
-<graphic fileref="images/1442.png"></graphic>
+<title><quote>Copyright</quote> today.</title>
+<graphic fileref="images/1442.svg" align="center" width="50%"></graphic>

 </figure>
 <para>
 Let me explain how.
 </figure>
 <para>
 Let me explain how.


@@ -6415,6 +7037,11 @@ Let me explain how.
 </section>
 <section id="lawduration">
 <title>Law: Duration</title>
 </section>
 <section id="lawduration">
 <title>Law: Duration</title>

+<indexterm id='idxcopyrightdurationof4' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcongressusoncopyrightlaws5' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcopyrightact' class='startofrange'><primary>Copyright Act (1790)</primary></indexterm>
+<indexterm><primary>creative property</primary><secondary>common law protections of</secondary></indexterm>
+<indexterm id='idxpublicdomainbalanceofuscontentin' class='startofrange'><primary>public domain</primary><secondary>balance of U.S. content in</secondary></indexterm>

 <para>
 When the first Congress enacted laws to protect creative property, it
 faced the same uncertainty about the status of creative property that
 <para>
 When the first Congress enacted laws to protect creative property, it
 faced the same uncertainty about the status of creative property that


@@ -6426,9 +7053,9 @@ authorship.<footnote>
 <!-- f8 -->
 William W. Crosskey, <citetitle>Politics and the Constitution in the History of
 the United States</citetitle> (London: Cambridge University Press, 1953), vol. 1,
 <!-- f8 -->
 William W. Crosskey, <citetitle>Politics and the Constitution in the History of
 the United States</citetitle> (London: Cambridge University Press, 1953), vol. 1,

-485&ndash;86: "extinguish[ing], by plain implication of `the supreme
+485&ndash;86: <quote>extinguish[ing], by plain implication of `the supreme

 Law of the Land,' <emphasis>the perpetual rights which authors had, or
 Law of the Land,' <emphasis>the perpetual rights which authors had, or

-were supposed by some to have, under the Common Law</emphasis>"
+were supposed by some to have, under the Common Law</emphasis></quote>

 (emphasis added).
 <indexterm><primary>Crosskey, William W.</primary></indexterm>
 </para></footnote>
 (emphasis added).
 <indexterm><primary>Crosskey, William W.</primary></indexterm>
 </para></footnote>


@@ -6439,6 +7066,8 @@ 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>
+<indexterm id='idxlawfederalvsstate' class='startofrange'><primary>law</primary><secondary>federal vs. state</secondary></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,


@@ -6447,6 +7076,7 @@ protections.  Just as in England the Statute of Anne eventually meant
 that the copyrights for all English works expired, a federal statute
 meant that any state copyrights expired as well.
 </para>
 that the copyrights for all English works expired, a federal statute
 meant that any state copyrights expired as well.
 </para>

+<indexterm id='idxcopyrightrenewabilityof' class='startofrange'><primary>copyright</primary><secondary>renewability of</secondary></indexterm>

 <para>
 In 1790, Congress enacted the first copyright law. It created a
 federal copyright and secured that copyright for fourteen years. If
 <para>
 In 1790, Congress enacted the first copyright law. It created a
 federal copyright and secured that copyright for fourteen years. If


@@ -6454,6 +7084,7 @@ the author was alive at the end of that fourteen years, then he could
 opt to renew the copyright for another fourteen years. If he did not
 renew the copyright, his work passed into the public domain.
 </para>
 opt to renew the copyright for another fourteen years. If he did not
 renew the copyright, his work passed into the public domain.
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws5' class='endofrange'/>

 <para>
 While there were many works created in the United States in the first
 ten years of the Republic, only 5 percent of the works were actually
 <para>
 While there were many works created in the United States in the first
 ten years of the Republic, only 5 percent of the works were actually


@@ -6478,6 +7109,8 @@ copyright was short. The initial term of copyright was fourteen years,
 with the option of renewal for an additional fourteen years. Copyright
 Act of May 31, 1790, §1, 1 stat. 124.  </para></footnote>
 </para>
 with the option of renewal for an additional fourteen years. Copyright
 Act of May 31, 1790, §1, 1 stat. 124.  </para></footnote>
 </para>

+<indexterm startref='idxcopyrightact' class='endofrange'/>
+<indexterm startref='idxlawfederalvsstate' class='endofrange'/>

 <para>
 This system of renewal was a crucial part of the American system
 of copyright. It assured that the maximum terms of copyright would be
 <para>
 This system of renewal was a crucial part of the American system
 of copyright. It assured that the maximum terms of copyright would be


@@ -6497,13 +7130,16 @@ domain.<footnote><para>
 Few copyright holders ever chose to renew their copyrights. For
 instance, of the 25,006 copyrights registered in 1883, only 894 were
 renewed in 1910. For a year-by-year analysis of copyright renewal
 Few copyright holders ever chose to renew their copyrights. For
 instance, of the 25,006 copyrights registered in 1883, only 894 were
 renewed in 1910. For a year-by-year analysis of copyright renewal

-rates, see Barbara A. Ringer, "Study No. 31: Renewal of Copyright,"
+rates, see Barbara A. Ringer, <quote>Study No. 31: Renewal of Copyright,</quote>

 <citetitle>Studies on Copyright</citetitle>, vol. 1 (New York: Practicing Law Institute,
 1963), 618. For a more recent and comprehensive analysis, see William
 <citetitle>Studies on Copyright</citetitle>, vol. 1 (New York: Practicing Law Institute,
 1963), 618. For a more recent and comprehensive analysis, see William

-M. Landes and Richard A.  Posner, "Indefinitely Renewable Copyright,"
+M. Landes and Richard A.  Posner, <quote>Indefinitely Renewable Copyright,</quote>

 <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, 498&ndash;501, and
 accompanying figures.  </para></footnote>
 </para>
 <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, 498&ndash;501, and
 accompanying figures.  </para></footnote>
 </para>

+<indexterm startref='idxpublicdomainbalanceofuscontentin' class='endofrange'/>
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>
+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 <para>
 Even today, this structure would make sense. Most creative work
 has an actual commercial life of just a couple of years. Most books fall
 <para>
 Even today, this structure would make sense. Most creative work
 has an actual commercial life of just a couple of years. Most books fall


@@ -6516,6 +7152,9 @@ copyright. The only practical commercial use of the books at that time
 is to sell the books as used books; that use&mdash;because it does not
 involve publication&mdash;is effectively free.
 </para>
 is to sell the books as used books; that use&mdash;because it does not
 involve publication&mdash;is effectively free.
 </para>

+<indexterm id='idxcongressusoncopyrightlaws6' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressuscopyrighttermsextendedby' class='startofrange'><primary>Congress, U.S.</primary><secondary>copyright terms extended by</secondary></indexterm>
+<indexterm id='idxcopyrightlawtermextensionsin' class='startofrange'><primary>copyright law</primary><secondary>term extensions in</secondary></indexterm>

 <para>
 In the first hundred years of the Republic, the term of copyright was
 changed once. In 1831, the term was increased from a maximum of 28
 <para>
 In the first hundred years of the Republic, the term of copyright was
 changed once. In 1831, the term was increased from a maximum of 28


@@ -6524,6 +7163,8 @@ from 14 years to 28 years. In the next fifty years of the Republic,
 the term increased once again. In 1909, Congress extended the renewal
 term of 14 years to 28 years, setting a maximum term of 56 years.
 </para>
 the term increased once again. In 1909, Congress extended the renewal
 term of 14 years to 28 years, setting a maximum term of 56 years.
 </para>

+<indexterm id='idxsonnybonocopyrighttermextensionactctea' class='startofrange'><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>
+<indexterm id='idxpublicdomainfuturepatentsvsfuturecopyrightsin' class='startofrange'><primary>public domain</primary><secondary>future patents vs. future copyrights in</secondary></indexterm>

 <para>
 Then, beginning in 1962, Congress started a practice that has defined
 copyright law since. Eleven times in the last forty years, Congress
 <para>
 Then, beginning in 1962, Congress started a practice that has defined
 copyright law since. Eleven times in the last forty years, Congress


@@ -6534,6 +7175,7 @@ In 1976, Congress extended all existing copyrights by nineteen years.
 And in 1998, in the Sonny Bono Copyright Term Extension Act, Congress
 extended the term of existing and future copyrights by twenty years.
 </para>
 And in 1998, in the Sonny Bono Copyright Term Extension Act, Congress
 extended the term of existing and future copyrights by twenty years.
 </para>

+<indexterm><primary>patents</primary><secondary>in public domain</secondary></indexterm>

 <para>
 The effect of these extensions is simply to toll, or delay, the passing
 of works into the public domain. This latest extension means that the
 <para>
 The effect of these extensions is simply to toll, or delay, the passing
 of works into the public domain. This latest extension means that the


@@ -6545,6 +7187,7 @@ after the Sonny Bono Act, while one million patents will pass into the
 public domain, zero copyrights will pass into the public domain by virtue
 of the expiration of a copyright term.
 </para>
 public domain, zero copyrights will pass into the public domain by virtue
 of the expiration of a copyright term.
 </para>

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

 <para>
 The effect of these extensions has been exacerbated by another,
 little-noticed change in the copyright law. Remember I said that the
 <para>
 The effect of these extensions has been exacerbated by another,
 little-noticed change in the copyright law. Remember I said that the


@@ -6555,10 +7198,13 @@ would pass more quickly into the public domain. The works remaining
 under protection would be those that had some continuing commercial
 value.
 </para>
 under protection would be those that had some continuing commercial
 value.
 </para>

+<indexterm><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>
+<indexterm><primary>copyright</primary><secondary>of natural authors vs. corporations</secondary></indexterm>
+<indexterm><primary>corporations</primary><secondary>copyright terms for</secondary></indexterm>

 <para>
 The United States abandoned this sensible system in 1976. For
 all works created after 1978, there was only one copyright term&mdash;the
 <para>
 The United States abandoned this sensible system in 1976. For
 all works created after 1978, there was only one copyright term&mdash;the

-maximum term. For "natural" authors, that term was life plus fifty
+maximum term. For <quote>natural</quote> authors, that term was life plus fifty

 years. For corporations, the term was seventy-five years. Then, in 1992,
 Congress abandoned the renewal requirement for all works created
 before 1978. All works still under copyright would be accorded the
 years. For corporations, the term was seventy-five years. Then, in 1992,
 Congress abandoned the renewal requirement for all works created
 before 1978. All works still under copyright would be accorded the


@@ -6571,9 +7217,11 @@ assure that works that were no longer exploited passed into the public
 domain. And indeed, after these changes, it is unclear whether it is
 even possible to put works into the public domain. The public domain
 is orphaned by these changes in copyright law. Despite the requirement
 domain. And indeed, after these changes, it is unclear whether it is
 even possible to put works into the public domain. The public domain
 is orphaned by these changes in copyright law. Despite the requirement

-that terms be "limited," we have no evidence that anything will limit
+that terms be <quote>limited,</quote> we have no evidence that anything will limit

 them.
 </para>
 them.
 </para>

+<indexterm startref='idxcopyrightlawhistoryofamerican' class='endofrange'/>
+<indexterm startref='idxpublicdomainfuturepatentsvsfuturecopyrightsin' class='endofrange'/>

 <para>
 The effect of these changes on the average duration of copyright is
 dramatic. In 1973, more than 85 percent of copyright owners failed to
 <para>
 The effect of these changes on the average duration of copyright is
 dramatic. In 1973, more than 85 percent of copyright owners failed to


@@ -6586,28 +7234,36 @@ years.<footnote><para>
 These statistics are understated. Between the years 1910 and 1962 (the
 first year the renewal term was extended), the average term was never
 more than thirty-two years, and averaged thirty years. See Landes and
 These statistics are understated. Between the years 1910 and 1962 (the
 first year the renewal term was extended), the average term was never
 more than thirty-two years, and averaged thirty years. See Landes and

-Posner, "Indefinitely Renewable Copyright," loc. cit.
+Posner, <quote>Indefinitely Renewable Copyright,</quote> loc. cit.

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

+<indexterm startref='idxcopyrightdurationof4' class='endofrange'/>
+<indexterm startref='idxcopyrightrenewabilityof' class='endofrange'/>
+<indexterm startref='idxcongressusoncopyrightlaws6' class='endofrange'/>
+<indexterm startref='idxcongressuscopyrighttermsextendedby' class='endofrange'/>
+<indexterm startref='idxcopyrightlawtermextensionsin' class='endofrange'/>

 <!-- PAGE BREAK 147 -->
 </section>
 <section id="lawscope">
 <title>Law: Scope</title>
 <!-- PAGE BREAK 147 -->
 </section>
 <section id="lawscope">
 <title>Law: Scope</title>

+<indexterm id='idxcopyrightscopeof' class='startofrange'><primary>copyright</primary><secondary>scope of</secondary></indexterm>

 <para>
 <para>

-The "scope" of a copyright is the range of rights granted by the law.
+The <quote>scope</quote> of a copyright is the range of rights granted by the law.

 The scope of American copyright has changed dramatically. Those
 changes are not necessarily bad. But we should understand the extent
 of the changes if we're to keep this debate in context.
 </para>
 The scope of American copyright has changed dramatically. Those
 changes are not necessarily bad. But we should understand the extent
 of the changes if we're to keep this debate in context.
 </para>

+<indexterm><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxderivativeworkshistoricalshiftincopyrightcoverageof' class='startofrange'><primary>derivative works</primary><secondary>historical shift in copyright coverage of</secondary></indexterm>

 <para>
 <para>

-In 1790, that scope was very narrow. Copyright covered only "maps,
-charts, and books." That means it didn't cover, for example, music or
+In 1790, that scope was very narrow. Copyright covered only <quote>maps,
+charts, and books.</quote> That means it didn't cover, for example, music or

 architecture. More significantly, the right granted by a copyright gave
 architecture. More significantly, the right granted by a copyright gave

-the author the exclusive right to "publish" copyrighted works. That
+the author the exclusive right to <quote>publish</quote> copyrighted works. That

 means someone else violated the copyright only if he republished the
 work without the copyright owner's permission. Finally, the right granted
 by a copyright was an exclusive right to that particular book. The right
 means someone else violated the copyright only if he republished the
 work without the copyright owner's permission. Finally, the right granted
 by a copyright was an exclusive right to that particular book. The right

-did not extend to what lawyers call "derivative works." It would not,
+did not extend to what lawyers call <quote>derivative works.</quote> It would not,

 therefore, interfere with the right of someone other than the author to
 translate a copyrighted book, or to adapt the story to a different form
 (such as a drama based on a published book).
 therefore, interfere with the right of someone other than the author to
 translate a copyrighted book, or to adapt the story to a different form
 (such as a drama based on a published book).


@@ -6618,15 +7274,18 @@ today are extremely hard to describe simply, in general terms, the
 right covers practically any creative work that is reduced to a
 tangible form. It covers music as well as architecture, drama as well
 as computer programs. It gives the copyright owner of that creative
 right covers practically any creative work that is reduced to a
 tangible form. It covers music as well as architecture, drama as well
 as computer programs. It gives the copyright owner of that creative

-work not only the exclusive right to "publish" the work, but also the
-exclusive right of control over any "copies" of that work. And most
+work not only the exclusive right to <quote>publish</quote> the work, but also the
+exclusive right of control over any <quote>copies</quote> of that work. And most

 significant for our purposes here, the right gives the copyright owner
 control over not only his or her particular work, but also any
 significant for our purposes here, the right gives the copyright owner
 control over not only his or her particular work, but also any

-"derivative work" that might grow out of the original work. In this
+<quote>derivative work</quote> that might grow out of the original work. In this

 way, the right covers more creative work, protects the creative work
 more broadly, and protects works that are based in a significant way
 on the initial creative work.
 </para>
 way, the right covers more creative work, protects the creative work
 more broadly, and protects works that are based in a significant way
 on the initial creative work.
 </para>

+<indexterm id='idxcopyrightmarkingof' class='startofrange'><primary>copyright</primary><secondary>marking of</secondary></indexterm>
+<indexterm id='idxformalities' class='startofrange'><primary>formalities</primary></indexterm>
+<indexterm id='idxcopyrightlawregistrationrequirementof' class='startofrange'><primary>copyright law</primary><secondary>registration requirement of</secondary></indexterm>

 <para>
 At the same time that the scope of copyright has expanded, procedural
 limitations on the right have been relaxed. I've already described the
 <para>
 At the same time that the scope of copyright has expanded, procedural
 limitations on the right have been relaxed. I've already described the


@@ -6641,6 +7300,7 @@ of the history of American copyright law, there was a requirement that
 works be deposited with the government before a copyright could be
 secured.
 </para>
 works be deposited with the government before a copyright could be
 secured.
 </para>

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

 <para>
 The reason for the registration requirement was the sensible
 understanding that for most works, no copyright was required. Again,
 <para>
 The reason for the registration requirement was the sensible
 understanding that for most works, no copyright was required. Again,


@@ -6655,18 +7315,23 @@ that after the copyright expired, there would be a copy of the work
 somewhere so that it could be copied by others without locating the
 original author.
 </para>
 somewhere so that it could be copied by others without locating the
 original author.
 </para>

+<indexterm><primary>copyright law</primary><secondary>European</secondary></indexterm>

 <para>
 <para>

-All of these "formalities" were abolished in the American system when
+All of these <quote>formalities</quote> were abolished in the American system when

 we decided to follow European copyright law. There is no requirement
 that you register a work to get a copyright; the copyright now is
 automatic; the copyright exists whether or not you mark your work with
 a &copy;; and the copyright exists whether or not you actually make a
 copy available for others to copy.
 </para>
 we decided to follow European copyright law. There is no requirement
 that you register a work to get a copyright; the copyright now is
 automatic; the copyright exists whether or not you mark your work with
 a &copy;; and the copyright exists whether or not you actually make a
 copy available for others to copy.
 </para>

+<indexterm startref='idxcopyrightmarkingof' class='endofrange'/>
+<indexterm startref='idxformalities' class='endofrange'/>
+<indexterm startref='idxcopyrightlawregistrationrequirementof' class='endofrange'/>

 <para>
 Consider a practical example to understand the scope of these
 differences.
 </para>
 <para>
 Consider a practical example to understand the scope of these
 differences.
 </para>

+<indexterm id='idxcopyrightact2' class='startofrange'><primary>Copyright Act (1790)</primary></indexterm>

 <para>
 If, in 1790, you wrote a book and you were one of the 5 percent who
 actually copyrighted that book, then the copyright law protected you
 <para>
 If, in 1790, you wrote a book and you were one of the 5 percent who
 actually copyrighted that book, then the copyright law protected you


@@ -6675,8 +7340,8 @@ without your permission. The aim of the act was to regulate publishers
 so as to prevent that kind of unfair competition. In 1790, there were
 174 publishers in the United States.<footnote><para>
 <!-- f13 -->
 so as to prevent that kind of unfair competition. In 1790, there were
 174 publishers in the United States.<footnote><para>
 <!-- f13 -->

-See Thomas Bender and David Sampliner, "Poets, Pirates, and the
-Creation of American Literature," 29 <citetitle>New York University Journal of
+See Thomas Bender and David Sampliner, <quote>Poets, Pirates, and the
+Creation of American Literature,</quote> 29 <citetitle>New York University Journal of

 International Law and Politics</citetitle> 255 (1997), and James Gilraeth, ed.,
 Federal Copyright Records, 1790&ndash;1800 (U.S. G.P.O., 1987).
 
 International Law and Politics</citetitle> 255 (1997), and James Gilraeth, ed.,
 Federal Copyright Records, 1790&ndash;1800 (U.S. G.P.O., 1987).
 


@@ -6685,6 +7350,9 @@ The Copyright Act was thus a tiny
 regulation of a tiny proportion of a tiny part of the creative market in
 the United States&mdash;publishers.
 </para>
 regulation of a tiny proportion of a tiny part of the creative market in
 the United States&mdash;publishers.
 </para>

+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork2' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs3' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs3' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 149 -->
 The act left other creators totally unregulated. If I copied your poem
 <para>
 <!-- PAGE BREAK 149 -->
 The act left other creators totally unregulated. If I copied your poem


@@ -6695,6 +7363,7 @@ those activities were regulated by the original copyright act. These
 creative activities remained free, while the activities of publishers
 were restrained.
 </para>
 creative activities remained free, while the activities of publishers
 were restrained.
 </para>

+<indexterm startref='idxcopyrightact2' class='endofrange'/>

 <para>
 Today the story is very different: If you write a book, your book is
 automatically protected. Indeed, not just your book. Every e-mail,
 <para>
 Today the story is very different: If you write a book, your book is
 automatically protected. Indeed, not just your book. Every e-mail,


@@ -6713,8 +7382,8 @@ copy it to republish it or to share an excerpt.
 That much is the obvious part. Any system of copyright would 
                control
 competing publishing. But there's a second part to the copyright of
 That much is the obvious part. Any system of copyright would 
                control
 competing publishing. But there's a second part to the copyright of

-today that is not at all obvious. This is the protection of "derivative
-rights." If you write a book, no one can make a movie out of your
+today that is not at all obvious. This is the protection of <quote>derivative
+rights.</quote> If you write a book, no one can make a movie out of your

 book without permission. No one can translate it without permission.
 CliffsNotes can't make an abridgment unless permission is granted. All
 of these derivative uses of your original work are controlled by the
 book without permission. No one can translate it without permission.
 CliffsNotes can't make an abridgment unless permission is granted. All
 of these derivative uses of your original work are controlled by the


@@ -6723,6 +7392,7 @@ copyright holder. The copyright, in other words, is now not just an
 right to your writings, but an exclusive right to your writings
 and a large proportion of the writings inspired by them.
 </para>
 right to your writings, but an exclusive right to your writings
 and a large proportion of the writings inspired by them.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs3' class='endofrange'/>

 <para>
 It is this derivative right that would seem most bizarre to our
 framers, though it has become second nature to us. Initially, this 
 <para>
 It is this derivative right that would seem most bizarre to our
 framers, though it has become second nature to us. Initially, this 


@@ -6746,8 +7416,8 @@ is a different wrong. Some view transformation as no wrong at
 all&mdash;they believe that our law, as the framers penned it, should
 not protect derivative rights at all.<footnote><para>
 <!-- f14 -->
 all&mdash;they believe that our law, as the framers penned it, should
 not protect derivative rights at all.<footnote><para>
 <!-- f14 -->

-Jonathan Zittrain, "The Copyright Cage," <citetitle>Legal Affairs</citetitle>, July/August
-2003, available at 
+Jonathan Zittrain, <quote>The Copyright Cage,</quote> <citetitle>Legal
+Affairs</citetitle>, July/August 2003, available at

 <ulink url="http://free-culture.cc/notes/">link #26</ulink>.
 <indexterm><primary>Zittrain, Jonathan</primary></indexterm>
 </para></footnote>
 <ulink url="http://free-culture.cc/notes/">link #26</ulink>.
 <indexterm><primary>Zittrain, Jonathan</primary></indexterm>
 </para></footnote>


@@ -6763,33 +7433,39 @@ of my book.<footnote><para>
 <!-- f15 -->
 Professor Rubenfeld has presented a powerful constitutional argument
 about the difference that copyright law should draw (from the
 <!-- f15 -->
 Professor Rubenfeld has presented a powerful constitutional argument
 about the difference that copyright law should draw (from the

-perspective of the First Amendment) between mere "copies" and
-derivative works. See Jed Rubenfeld, "The Freedom of Imagination:
-Copyright's Constitutionality," <citetitle>Yale Law Journal</citetitle> 112 (2002):
-1&ndash;60 (see especially pp. 53&ndash;59).
+perspective of the First Amendment) between mere <quote>copies</quote> and
+derivative works. See Jed Rubenfeld, <quote>The Freedom of Imagination:
+Copyright's Constitutionality,</quote> <citetitle>Yale Law
+Journal</citetitle> 112 (2002): 1&ndash;60 (see especially
+pp. 53&ndash;59).
+<indexterm><primary>Rubenfeld, Jeb</primary></indexterm>

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

-These two different uses of my creative work are
-treated the same.
+These two different uses of my creative work are treated the same.

 </para>
 </para>

+<indexterm startref='idxpiracyderivativeworkvs3' class='endofrange'/>
+<indexterm><primary>Disney, Walt</primary></indexterm>
+<indexterm><primary>Mickey Mouse</primary></indexterm>

 <para>
 <para>

-This again may seem right to you. If I wrote a book, then why
-should you be able to write a movie that takes my story and makes
-money from it without paying me or crediting me? Or if Disney 
-               creates
-a creature called "Mickey Mouse," why should you be able to make
-Mickey Mouse toys and be the one to trade on the value that Disney
-originally created?
+This again may seem right to you. If I wrote a book, then why should
+you be able to write a movie that takes my story and makes money from
+it without paying me or crediting me? Or if Disney creates a creature
+called <quote>Mickey Mouse,</quote> why should you be able to make Mickey Mouse
+toys and be the one to trade on the value that Disney originally
+created?

 </para>
 <para>
 These are good arguments, and, in general, my point is not that the
 </para>
 <para>
 These are good arguments, and, in general, my point is not that the

-derivative right is unjustified. My aim just now is much narrower: 
-               simply
-to make clear that this expansion is a significant change from the
-rights originally granted.
+derivative right is unjustified. My aim just now is much narrower:
+simply to make clear that this expansion is a significant change from
+the rights originally granted.

 </para>
 </para>

+<indexterm startref='idxcopyrightscopeof' class='endofrange'/>
+<indexterm startref='idxcopyrightlawonrepublishingvstransformationoforiginalwork2' class='endofrange'/>

 </section>
 <section id="lawreach">
 <title>Law and Architecture: Reach</title>
 </section>
 <section id="lawreach">
 <title>Law and Architecture: Reach</title>

+<indexterm id='idxcopyrightlawcopiesascoreissueof' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxcopyrightlawscopeof' class='startofrange'><primary>copyright law</primary><secondary>scope of</secondary></indexterm>

 <para>
 Whereas originally the law regulated only publishers, the change in
 copyright's scope means that the law today regulates publishers, users,
 <para>
 Whereas originally the law regulated only publishers, the change in
 copyright's scope means that the law today regulates publishers, users,


@@ -6797,21 +7473,23 @@ and authors. It regulates them because all three are capable of making
 copies, and the core of the regulation of copyright law is copies.<footnote><para>
 <!-- f16 -->
 This is a simplification of the law, but not much of one. The law
 copies, and the core of the regulation of copyright law is copies.<footnote><para>
 <!-- f16 -->
 This is a simplification of the law, but not much of one. The law

-certainly regulates more than "copies"&mdash;a public performance of a
+certainly regulates more than <quote>copies</quote>&mdash;a public performance of a

 copyrighted song, for example, is regulated even though performance
 per se doesn't make a copy; 17 <citetitle>United States Code</citetitle>, section
 copyrighted song, for example, is regulated even though performance
 per se doesn't make a copy; 17 <citetitle>United States Code</citetitle>, section

-106(4). And it certainly sometimes doesn't regulate a "copy"; 17
+106(4). And it certainly sometimes doesn't regulate a <quote>copy</quote>; 17

 <citetitle>United States Code</citetitle>, section 112(a). But the presumption under the
 <citetitle>United States Code</citetitle>, section 112(a). But the presumption under the

-existing law (which regulates "copies;" 17 <citetitle>United States Code</citetitle>, section
+existing law (which regulates <quote>copies;</quote> 17 <citetitle>United States Code</citetitle>, section

 102) is that if there is a copy, there is a right.
 </para></footnote>
 </para>
 102) is that if there is a copy, there is a right.
 </para></footnote>
 </para>

+<indexterm><primary>Valenti, Jack</primary><secondary>on creative property rights</secondary></indexterm>
+<indexterm id='idxcreativepropertyotherpropertyrightsvs2' class='startofrange'><primary>creative property</primary><secondary>other property rights vs.</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 151 -->
 <para>
 <!-- PAGE BREAK 151 -->

-"Copies." That certainly sounds like the obvious thing for
+<quote>Copies.</quote> That certainly sounds like the obvious thing for

 <emphasis>copy</emphasis>right law to regulate. But as with Jack
 <emphasis>copy</emphasis>right law to regulate. But as with Jack

-Valenti's argument at the start of this chapter, that "creative
-property" deserves the "same rights" as all other property, it is the
+Valenti's argument at the start of this chapter, that <quote>creative
+property</quote> deserves the <quote>same rights</quote> as all other property, it is the

 <emphasis>obvious</emphasis> that we need to be most careful
 about. For while it may be obvious that in the world before the
 Internet, copies were the obvious trigger for copyright law, upon
 <emphasis>obvious</emphasis> that we need to be most careful
 about. For while it may be obvious that in the world before the
 Internet, copies were the obvious trigger for copyright law, upon


@@ -6820,30 +7498,39 @@ copies should <emphasis>not</emphasis> be the trigger for copyright
 law. More precisely, they should not <emphasis>always</emphasis> be
 the trigger for copyright law.
 </para>
 law. More precisely, they should not <emphasis>always</emphasis> be
 the trigger for copyright law.
 </para>

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

 <para>
 This is perhaps the central claim of this book, so let me take this
 very slowly so that the point is not easily missed. My claim is that the
 Internet should at least force us to rethink the conditions under which
 the law of copyright automatically applies,<footnote><para>
 <!-- f17 -->
 <para>
 This is perhaps the central claim of this book, so let me take this
 very slowly so that the point is not easily missed. My claim is that the
 Internet should at least force us to rethink the conditions under which
 the law of copyright automatically applies,<footnote><para>
 <!-- f17 -->

-Thus, my argument is not that in each place that copyright law extends,
-we should repeal it. It is instead that we should have a good argument for
-its extending where it does, and should not determine its reach on the 
-               basis
-of arbitrary and automatic changes caused by technology.
+Thus, my argument is not that in each place that copyright law
+extends, we should repeal it. It is instead that we should have a good
+argument for its extending where it does, and should not determine its
+reach on the basis of arbitrary and automatic changes caused by
+technology.

 </para></footnote>
 because it is clear that the
 current reach of copyright was never contemplated, much less chosen,
 by the legislators who enacted copyright law.
 </para>
 </para></footnote>
 because it is clear that the
 current reach of copyright was never contemplated, much less chosen,
 by the legislators who enacted copyright law.
 </para>

+<indexterm startref='idxcopyrightlawscopeof' class='endofrange'/>
+<indexterm startref='idxcreativepropertyotherpropertyrightsvs2' class='endofrange'/>

 <para>
 <para>

-We  can see this point abstractly by beginning with this largely
+We can see this point abstractly by beginning with this largely

 empty circle.
 </para>
 <figure id="fig-1521">
 <title>All potential uses of a book.</title>
 empty circle.
 </para>
 <figure id="fig-1521">
 <title>All potential uses of a book.</title>

-<graphic fileref="images/1521.png"></graphic>
+<graphic fileref="images/1521.svg" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<indexterm id='idxbooksthreetypesofusesof' class='startofrange'><primary>books</primary><secondary>three types of uses of</secondary></indexterm>
+<indexterm id='idxcopyrightlawcopiesascoreissueof2' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxinternetcopyrightapplicabilityalteredbytechnologyof' class='startofrange'><primary>Internet</primary><secondary>copyright applicability altered by technology of</secondary></indexterm>
+<indexterm id='idxtechnologycopyrightintentalteredby' class='startofrange'><primary>technology</primary><secondary>copyright intent altered by</secondary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs4' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs4' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 152 -->
 Think about a book in real space, and imagine this circle to represent
 <para>
 <!-- PAGE BREAK 152 -->
 Think about a book in real space, and imagine this circle to represent


@@ -6860,7 +7547,7 @@ acts do not make a copy.
 </para>
 <figure id="fig-1531">
 <title>Examples of unregulated uses of a book.</title>
 </para>
 <figure id="fig-1531">
 <title>Examples of unregulated uses of a book.</title>

-<graphic fileref="images/1531.png"></graphic>
+<graphic fileref="images/1531.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 Obviously, however, some uses of a copyrighted book are regulated
 </figure>
 <para>
 Obviously, however, some uses of a copyrighted book are regulated


@@ -6870,65 +7557,74 @@ 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).
 </para>
 paradigmatic use properly regulated by copyright regulation (see first
 diagram on next page).
 </para>

+<indexterm startref='idxderivativeworkspiracyvs4' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs4' class='endofrange'/>
+<indexterm id='idxfairuse' class='startofrange'><primary>fair use</primary></indexterm>
+<indexterm id='idxcopyrightlawfairuseand2' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>

 <para>
 Finally, there is a tiny sliver of otherwise regulated copying uses
 <para>
 Finally, there is a tiny sliver of otherwise regulated copying uses

-that remain unregulated because the law considers these "fair uses."
+that remain unregulated because the law considers these <quote>fair uses.</quote>

 </para>
 <!-- PAGE BREAK 153 -->
 <figure id="fig-1541">
 <title>Republishing stands at the core of this circle of possible uses of a copyrighted work.</title>
 </para>
 <!-- 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"></graphic>
+<graphic fileref="images/1541.svg" align="center" width="50%"></graphic>

 </figure>
 </figure>

-<para>
-These are uses that themselves involve copying, but which the law treats
-as unregulated because public policy demands that they remain 
-               unregulated.
-You are free to quote from this book, even in a review that
-is quite negative, without my permission, even though that quoting
-makes a copy. That copy would ordinarily give the copyright owner the
-exclusive right to say whether the copy is allowed or not, but the law
-denies the owner any exclusive right over such "fair uses" for public
-policy (and possibly First Amendment) reasons.
+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>
+<para>
+These are uses that themselves involve copying, but which the law
+treats as unregulated because public policy demands that they remain
+unregulated.  You are free to quote from this book, even in a review
+that is quite negative, without my permission, even though that
+quoting makes a copy. That copy would ordinarily give the copyright
+owner the exclusive right to say whether the copy is allowed or not,
+but the law denies the owner any exclusive right over such <quote>fair uses</quote>
+for public policy (and possibly First Amendment) reasons.

 </para>
 <figure id="fig-1542">
 </para>
 <figure id="fig-1542">

-<title>Unregulated copying considered &quot;fair uses.&quot;</title>
-<graphic fileref="images/1542.png"></graphic>
+<title>Unregulated copying considered <quote>fair uses.</quote></title>
+<graphic fileref="images/1542.png" align="center" width="50%"></graphic>

 </figure>
 <para> </para>
 <figure id="fig-1551">
 <title>Uses that before were presumptively unregulated are now presumptively regulated.</title>
 </figure>
 <para> </para>
 <figure id="fig-1551">
 <title>Uses that before were presumptively unregulated are now presumptively regulated.</title>

-<graphic fileref="images/1551.png"></graphic>
+<graphic fileref="images/1551.png" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<indexterm id='idxcopyrightusagerestrictionsattachedto' class='startofrange'><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 154 -->
 In real space, then, the possible uses of a book are divided into three
 sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that
 <para>
 <!-- PAGE BREAK 154 -->
 In real space, then, the possible uses of a book are divided into three
 sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that

-are nonetheless deemed "fair" regardless of the copyright owner's views.
+are nonetheless deemed <quote>fair</quote> regardless of the copyright owner's views.

 </para>
 </para>

+<indexterm startref='idxbooksthreetypesofusesof' class='endofrange'/>
+<indexterm id='idxbooksoninternet' class='startofrange'><primary>books</primary><secondary>on Internet</secondary></indexterm>
+<indexterm id='idxinternetbookson2' class='startofrange'><primary>Internet</primary><secondary>books on</secondary></indexterm>
+<indexterm><primary>fair use</primary><secondary>Internet burdens on</secondary></indexterm>

 <para>
 Enter the Internet&mdash;a distributed, digital network where every use
 of a copyrighted work produces a copy.<footnote><para>
 <!-- f18 -->
 <para>
 Enter the Internet&mdash;a distributed, digital network where every use
 of a copyrighted work produces a copy.<footnote><para>
 <!-- f18 -->

-I don't mean "nature" in the sense that it couldn't be different, but rather that
-its present instantiation entails a copy. Optical networks need not make
-copies of content they transmit, and a digital network could be designed to
-delete anything it copies so that the same number of copies remain.
-</para></footnote>
-And because of this single,
-arbitrary feature of the design of a digital network, the scope of 
-               category
-1 changes dramatically. Uses that before were presumptively 
-               unregulated
-are now presumptively regulated. No longer is there a set of
-presumptively unregulated uses that define a freedom associated with a
-copyrighted work. Instead, each use is now subject to the copyright,
-because each use also makes a copy&mdash;category 1 gets sucked into 
-               category
-2. And those who would defend the unregulated uses of 
-               copyrighted
-work must look exclusively to category 3, fair uses, to bear the
-burden of this shift.
-</para>
+I don't mean <quote>nature</quote> in the sense that it couldn't be different, but
+rather that its present instantiation entails a copy. Optical networks
+need not make copies of content they transmit, and a digital network
+could be designed to delete anything it copies so that the same number
+of copies remain.
+</para></footnote>
+And because of this single, arbitrary feature of the design of a
+digital network, the scope of category 1 changes dramatically. Uses
+that before were presumptively unregulated are now presumptively
+regulated. No longer is there a set of presumptively unregulated uses
+that define a freedom associated with a copyrighted work. Instead,
+each use is now subject to the copyright, because each use also makes
+a copy&mdash;category 1 gets sucked into category 2. And those who
+would defend the unregulated uses of copyrighted work must look
+exclusively to category 3, fair uses, to bear the burden of this
+shift.
+</para>
+<indexterm startref='idxfairuse' class='endofrange'/>
+<indexterm startref='idxcopyrightlawfairuseand2' class='endofrange'/>

 <para>
 So let's be very specific to make this general point clear. Before the
 Internet, if you purchased a book and read it ten times, there would
 <para>
 So let's be very specific to make this general point clear. Before the
 Internet, if you purchased a book and read it ten times, there would


@@ -6937,11 +7633,12 @@ the copyright owner could make to control that use of her
 book. Copyright law would have nothing to say about whether you read
 the book once, ten times, or every
 <!-- PAGE BREAK 155 -->
 book. Copyright law would have nothing to say about whether you read
 the book once, ten times, or every
 <!-- PAGE BREAK 155 -->

-night before you went to bed. None of those instances of use&mdash;reading&mdash;
-could be regulated by copyright law because none of those uses 
-               produced
-a copy.
+night before you went to bed. None of those instances of
+use&mdash;reading&mdash; could be regulated by copyright law because
+none of those uses produced a copy.

 </para>
 </para>

+<indexterm id='idxebooks' class='startofrange'><primary>e-books</primary></indexterm>
+<indexterm id='idxderivativeworkstechnologicaldevelopmentsand' class='startofrange'><primary>derivative works</primary><secondary>technological developments and</secondary></indexterm>

 <para>
 But the same book as an e-book is effectively governed by a different
 set of rules. Now if the copyright owner says you may read the book
 <para>
 But the same book as an e-book is effectively governed by a different
 set of rules. Now if the copyright owner says you may read the book


@@ -6968,33 +7665,41 @@ evidence at all that policy makers had this idea in mind when they
 allowed our policy here to shift. Unregulated uses were an important
 part of free culture before the Internet.
 </para>
 allowed our policy here to shift. Unregulated uses were an important
 part of free culture before the Internet.
 </para>

+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork3' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>

 <para>
 Second, this shift is especially troubling in the context of
 transformative uses of creative content. Again, we can all understand
 the wrong in commercial piracy. But the law now purports to regulate
 <emphasis>any</emphasis> transformation you make of creative work
 <para>
 Second, this shift is especially troubling in the context of
 transformative uses of creative content. Again, we can all understand
 the wrong in commercial piracy. But the law now purports to regulate
 <emphasis>any</emphasis> transformation you make of creative work

-using a machine. "Copy and paste" and "cut and paste" become
+using a machine. <quote>Copy and paste</quote> and <quote>cut and paste</quote> become

 crimes. Tinkering with a story and releasing it to others exposes the
 tinkerer to at least a requirement of justification.  However
 troubling the expansion with respect to copying a particular work, it
 is extraordinarily troubling with respect to transformative uses of
 creative work.
 </para>
 crimes. Tinkering with a story and releasing it to others exposes the
 tinkerer to at least a requirement of justification.  However
 troubling the expansion with respect to copying a particular work, it
 is extraordinarily troubling with respect to transformative uses of
 creative work.
 </para>

+<indexterm id='idxfairuseinternetburdenson' class='startofrange'><primary>fair use</primary><secondary>Internet burdens on</secondary></indexterm>
+<indexterm id='idxcopyrightlawfairuseand3' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxderivativeworksfairusevs' class='startofrange'><primary>derivative works</primary><secondary>fair use vs.</secondary></indexterm>

 <para>
 Third, this shift from category 1 to category 2 puts an extraordinary
 
 <!-- PAGE BREAK 156 -->
 <para>
 Third, this shift from category 1 to category 2 puts an extraordinary
 
 <!-- PAGE BREAK 156 -->

-burden on category 3 ("fair use") that fair use never before had to bear.
-If a copyright owner now tried to control how many times I could read
-a book on-line, the natural response would be to argue that this is a
-violation of my fair use rights. But there has never been any litigation
-about whether I have a fair use right to read, because before the 
-               Internet,
-reading did not trigger the application of copyright law and hence
-the need for a fair use defense. The right to read was effectively 
-               protected
-before because reading was not regulated.
-</para>
+burden on category 3 (<quote>fair use</quote>) that fair use never before had to
+bear.  If a copyright owner now tried to control how many times I
+could read a book on-line, the natural response would be to argue that
+this is a violation of my fair use rights. But there has never been
+any litigation about whether I have a fair use right to read, because
+before the Internet, reading did not trigger the application of
+copyright law and hence the need for a fair use defense. The right to
+read was effectively protected before because reading was not
+regulated.
+</para>
+<indexterm startref='idxcopyrightlawcopiesascoreissueof2' class='endofrange'/>
+<indexterm startref='idxinternetcopyrightapplicabilityalteredbytechnologyof' class='endofrange'/>
+<indexterm startref='idxtechnologycopyrightintentalteredby' class='endofrange'/>
+<indexterm startref='idxderivativeworkstechnologicaldevelopmentsand' class='endofrange'/>
+<indexterm startref='idxcopyrightlawonrepublishingvstransformationoforiginalwork3' class='endofrange'/>

 <para>
 This point about fair use is totally ignored, even by advocates for
 free culture. We have been cornered into arguing that our rights
 <para>
 This point about fair use is totally ignored, even by advocates for
 free culture. We have been cornered into arguing that our rights


@@ -7005,53 +7710,66 @@ 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 startref='idxcopyrightusagerestrictionsattachedto' class='endofrange'/>
+<indexterm startref='idxbooksoninternet' class='endofrange'/>
+<indexterm startref='idxinternetbookson2' class='endofrange'/>
+<indexterm startref='idxebooks' class='endofrange'/>
+<indexterm startref='idxfairuseinternetburdenson' class='endofrange'/>
+<indexterm startref='idxcopyrightlawfairuseand3' class='endofrange'/>
+<indexterm startref='idxderivativeworksfairusevs' class='endofrange'/>
+<indexterm id='idxvideopipeline' class='startofrange'><primary>Video Pipeline</primary></indexterm>
+<indexterm id='idxadvertising' class='startofrange'><primary>advertising</primary></indexterm>
+<indexterm id='idxfilmindustrytraileradvertisementsof' class='startofrange'><primary>film industry</primary><secondary>trailer advertisements of</secondary></indexterm>

 <para>
 The case of Video Pipeline is a good example. Video Pipeline was
 <para>
 The case of Video Pipeline is a good example. Video Pipeline was

-in the business of making "trailer" advertisements for movies available
+in the business of making <quote>trailer</quote> advertisements for movies available

 to video stores. The video stores displayed the trailers as a way to sell
 videos. Video Pipeline got the trailers from the film distributors, put
 the trailers on tape, and sold the tapes to the retail stores.
 </para>
 to video stores. The video stores displayed the trailers as a way to sell
 videos. Video Pipeline got the trailers from the film distributors, put
 the trailers on tape, and sold the tapes to the retail stores.
 </para>

+<indexterm><primary>browsing</primary></indexterm>

 <para>
 <para>

-The company did this for about fifteen years. Then, in 1997, it 
-               began
-to think about the Internet as another way to distribute these 
-               previews.
-The idea was to expand their "selling by sampling" technique by
-giving on-line stores the same ability to enable "browsing." Just as in a
-bookstore you can read a few pages of a book before you buy the book,
-so, too, you would be able to sample a bit from the movie on-line 
-               before
-you bought it.
+The company did this for about fifteen years. Then, in 1997, it began
+to think about the Internet as another way to distribute these
+previews.  The idea was to expand their <quote>selling by sampling</quote>
+technique by giving on-line stores the same ability to enable
+<quote>browsing.</quote> Just as in a bookstore you can read a few pages of a book
+before you buy the book, so, too, you would be able to sample a bit
+from the movie on-line before you bought it.

 </para>
 </para>

+<indexterm id='idxdisneyinc2' class='startofrange'><primary>Disney, Inc.</primary></indexterm>
+<indexterm><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxcopyrightlawcopiesascoreissueof3' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxfairuselegalintimidationtacticsagainst2' class='startofrange'><primary>fair use</primary><secondary>legal intimidation tactics against</secondary></indexterm>

 <para>
 <para>

-In 1998, Video Pipeline informed Disney and other film 
-               distributors
+In 1998, Video Pipeline informed Disney and other film distributors

 that it intended to distribute the trailers through the Internet
 (rather than sending the tapes) to distributors of their videos. Two
 years later, Disney told Video Pipeline to stop. The owner of Video
 <!-- PAGE BREAK 157 -->
 Pipeline asked Disney to talk about the matter&mdash;he had built a
 that it intended to distribute the trailers through the Internet
 (rather than sending the tapes) to distributors of their videos. Two
 years later, Disney told Video Pipeline to stop. The owner of Video
 <!-- PAGE BREAK 157 -->
 Pipeline asked Disney to talk about the matter&mdash;he had built a

-       business
-on distributing this content as a way to help sell Disney films; he
-had customers who depended upon his delivering this content. Disney
-would agree to talk only if Video Pipeline stopped the distribution 
-               immediately.
-Video Pipeline thought it was within their "fair use" rights
-to distribute the clips as they had. So they filed a lawsuit to ask the
-court to declare that these rights were in fact their rights.
-</para>
+business on distributing this content as a way to help sell Disney
+films; he had customers who depended upon his delivering this
+content. Disney would agree to talk only if Video Pipeline stopped the
+distribution immediately.  Video Pipeline thought it was within their
+<quote>fair use</quote> rights to distribute the clips as they had. So they filed a
+lawsuit to ask the court to declare that these rights were in fact
+their rights.
+</para>
+<indexterm startref='idxadvertising' class='endofrange'/>
+<indexterm startref='idxfilmindustrytraileradvertisementsof' class='endofrange'/>
+<indexterm id='idxcopyrightusagerestrictionsattachedto2' class='startofrange'><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitswillfulinfringementfindingsin' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>willful infringement findings in</secondary></indexterm>
+<indexterm><primary>willful infringement</primary></indexterm>

 <para>
 Disney countersued&mdash;for $100 million in damages. Those damages
 <para>
 Disney countersued&mdash;for $100 million in damages. Those damages

-were predicated upon a claim that Video Pipeline had "willfully 
-               infringed"
-on Disney's copyright. When a court makes a finding of 
-               willful
-infringement, it can award damages not on the basis of the actual
-harm to the copyright owner, but on the basis of an amount set in the
-statute. Because Video Pipeline had distributed seven hundred clips of
-Disney movies to enable video stores to sell copies of those movies,
-Disney was now suing Video Pipeline for $100 million.
+were predicated upon a claim that Video Pipeline had <quote>willfully
+infringed</quote> on Disney's copyright. When a court makes a finding of
+willful infringement, it can award damages not on the basis of the
+actual harm to the copyright owner, but on the basis of an amount set
+in the statute. Because Video Pipeline had distributed seven hundred
+clips of Disney movies to enable video stores to sell copies of those
+movies, Disney was now suing Video Pipeline for $100 million.

 </para>
 <para>
 Disney has the right to control its property, of course. But the video
 </para>
 <para>
 Disney has the right to control its property, of course. But the video


@@ -7062,12 +7780,13 @@ 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><primary>first-sale doctrine</primary></indexterm>

 <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
 that gives Disney this power. Before the Internet, Disney couldn't
 really control how people got access to their content. Once a video
 <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
 that gives Disney this power. Before the Internet, Disney couldn't
 really control how people got access to their content. Once a video

-was in the marketplace, the "first-sale doctrine" would free the
+was in the marketplace, the <quote>first-sale doctrine</quote> would free the

 seller to use the video as he wished, including showing portions of it
 in order to engender sales of the entire movie video. But with the
 Internet, it becomes possible for Disney to centralize control over
 seller to use the video as he wished, including showing portions of it
 in order to engender sales of the entire movie video. But with the
 Internet, it becomes possible for Disney to centralize control over


@@ -7076,6 +7795,15 @@ 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 startref='idxvideopipeline' class='endofrange'/>
+<indexterm startref='idxdisneyinc2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawcopiesascoreissueof3' class='endofrange'/>
+<indexterm startref='idxfairuselegalintimidationtacticsagainst2' class='endofrange'/>
+<indexterm startref='idxcopyrightusagerestrictionsattachedto2' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitswillfulinfringementfindingsin' class='endofrange'/>
+<indexterm><primary>Barnes &amp; Noble</primary></indexterm>
+<indexterm><primary>browsing</primary></indexterm>
+<indexterm><primary>market competition</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


@@ -7109,6 +7837,8 @@ second important change brought about by the Internet magnifies its
 significance. This second change does not affect the reach of copyright
 regulation; it affects how such regulation is enforced.
 </para>
 significance. This second change does not affect the reach of copyright
 regulation; it affects how such regulation is enforced.
 </para>

+<indexterm><primary>copyright law</primary><secondary>technology as automatic enforcer of</secondary></indexterm>
+<indexterm><primary>technology</primary><secondary>copyright enforcement controlled by</secondary></indexterm>

 <para>
 In the world before digital technology, it was generally the law that
 controlled whether and how someone was regulated by copyright law.
 <para>
 In the world before digital technology, it was generally the law that
 controlled whether and how someone was regulated by copyright law.


@@ -7118,32 +7848,34 @@ tradition embraced, who said whether and how the law would restrict
 your freedom.
 </para>
 <indexterm><primary>Casablanca</primary></indexterm>
 your freedom.
 </para>
 <indexterm><primary>Casablanca</primary></indexterm>

-<indexterm id="idxmarxbrothers" class='startofrange'>
-  <primary>Marx Brothers</primary>
-</indexterm>
+<indexterm id='idxmarxbrothers' class='startofrange'><primary>Marx Brothers</primary></indexterm>
+<indexterm id='idxwarnerbrothers' class='startofrange'><primary>Warner Brothers</primary></indexterm>

 <para>
 There's a famous story about a battle between the Marx Brothers
 and Warner Brothers. The Marxes intended to make a parody of
 <!-- PAGE BREAK 159 -->
 <para>
 There's a famous story about a battle between the Marx Brothers
 and Warner Brothers. The Marxes intended to make a parody of
 <!-- PAGE BREAK 159 -->

-<citetitle>Casablanca</citetitle>. Warner Brothers objected. They wrote a nasty letter to the
-Marxes, warning them that there would be serious legal consequences
-if they went forward with their plan.<footnote><para>
+<citetitle>Casablanca</citetitle>. Warner Brothers objected. They
+wrote a nasty letter to the Marxes, warning them that there would be
+serious legal consequences if they went forward with their
+plan.<footnote><para>

 <!-- f19 -->
 <!-- f19 -->

-See David Lange, "Recognizing the Public Domain," <citetitle>Law and
+See David Lange, <quote>Recognizing the Public Domain,</quote> <citetitle>Law and

 Contemporary Problems</citetitle> 44 (1981): 172&ndash;73.
 </para></footnote>
 </para>
 <para>
 This led the Marx Brothers to respond in kind. They warned
 Contemporary Problems</citetitle> 44 (1981): 172&ndash;73.
 </para></footnote>
 </para>
 <para>
 This led the Marx Brothers to respond in kind. They warned

-Warner Brothers that the Marx Brothers "were brothers long before
-you were."<footnote><para>
+Warner Brothers that the Marx Brothers <quote>were brothers long before
+you were.</quote><footnote><para>

 <!-- f20 -->
 <!-- f20 -->

-Ibid. See also Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 1&ndash;3.

 <indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>
 <indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

+Ibid. See also Vaidhyanathan, <citetitle>Copyrights and
+Copywrongs</citetitle>, 1&ndash;3.

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

-The Marx Brothers therefore owned the word <citetitle>brothers</citetitle>,
-and if Warner Brothers insisted on trying to control <citetitle>Casablanca</citetitle>, then
-the Marx Brothers would insist on control over <citetitle>brothers</citetitle>.
+The Marx Brothers therefore owned the word
+<citetitle>brothers</citetitle>, and if Warner Brothers insisted on
+trying to control <citetitle>Casablanca</citetitle>, then the Marx
+Brothers would insist on control over <citetitle>brothers</citetitle>.

 </para>
 <para>
 An absurd and hollow threat, of course, because Warner Brothers,
 </para>
 <para>
 An absurd and hollow threat, of course, because Warner Brothers,


@@ -7151,6 +7883,7 @@ like the Marx Brothers, knew that no court would ever enforce such a
 silly claim. This extremism was irrelevant to the real freedoms anyone
 (including Warner Brothers) enjoyed.
 </para>
 silly claim. This extremism was irrelevant to the real freedoms anyone
 (including Warner Brothers) enjoyed.
 </para>

+<indexterm id='idxbooksoninternet2' class='startofrange'><primary>books</primary><secondary>on Internet</secondary></indexterm>

 <para>
 On the Internet, however, there is no check on silly rules, because on
 the Internet, increasingly, rules are enforced not by a human but by a
 <para>
 On the Internet, however, there is no check on silly rules, because on
 the Internet, increasingly, rules are enforced not by a human but by a


@@ -7161,35 +7894,40 @@ problem with code regulations is that, unlike law, code has no
 shame. Code would not get the humor of the Marx Brothers. The
 consequence of that is not at all funny.
 </para>
 shame. Code would not get the humor of the Marx Brothers. The
 consequence of that is not at all funny.
 </para>

-<indexterm startref="idxmarxbrothers" class='endofrange'/>
+<indexterm startref='idxwarnerbrothers' class='endofrange'/>
+<indexterm startref='idxmarxbrothers' class='endofrange'/>
+
+<indexterm id='idxadobeebookreader' class='startofrange'><primary>Adobe eBook Reader</primary></indexterm>

 <para>
 Consider the life of my Adobe eBook Reader.
 </para>
 <para>
 <para>
 Consider the life of my Adobe eBook Reader.
 </para>
 <para>

-An e-book is a book delivered in electronic form. An Adobe eBook
-is not a book that Adobe has published; Adobe simply produces the
-software that publishers use to deliver e-books. It provides the 
-               technology,
-and the publisher delivers the content by using the technology.
+An e-book is a book delivered in electronic form. An Adobe eBook is
+not a book that Adobe has published; Adobe simply produces the
+software that publishers use to deliver e-books. It provides the
+technology, and the publisher delivers the content by using the
+technology.

 </para>
 <para>
 On the next page is a picture of an old version of my Adobe eBook
 Reader.
 </para>
 <para>
 </para>
 <para>
 On the next page 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 
+As you can see, I have a small collection of e-books within this

 e-book library. Some of these books reproduce content that is in the
 e-book library. Some of these books reproduce content that is in the

-public domain: <citetitle>Middlemarch</citetitle>, for example, is in the public domain.
-Some of them reproduce content that is not in the public domain: My
-own book <citetitle>The Future of Ideas</citetitle> is not yet within the public domain.
-Consider <citetitle>Middlemarch</citetitle> first. If you click on my e-book copy of
+public domain: <citetitle>Middlemarch</citetitle>, for example, is in
+the public domain.  Some of them reproduce content that is not in the
+public domain: My own book <citetitle>The Future of Ideas</citetitle>
+is not yet within the public domain.  Consider
+<citetitle>Middlemarch</citetitle> first. If you click on my e-book
+copy of

 <!-- PAGE BREAK 160 -->
 <!-- PAGE BREAK 160 -->

-<citetitle>Middlemarch</citetitle>, you'll see a fancy cover, and then a button at the bottom
-called Permissions.
+<citetitle>Middlemarch</citetitle>, you'll see a fancy cover, and then
+a button at the bottom called Permissions.

 </para>
 <figure id="fig-1611">
 <title>Picture of an old version of Adobe eBook Reader</title>
 </para>
 <figure id="fig-1611">
 <title>Picture of an old version of Adobe eBook Reader</title>

-<graphic fileref="images/1611.png"></graphic>
+<graphic fileref="images/1611.svg" align="center" width="50%"></graphic>

 </figure>
 <para>
 If you click on the Permissions button, you'll see a list of the
 </figure>
 <para>
 If you click on the Permissions button, you'll see a list of the


@@ -7197,7 +7935,7 @@ permissions that the publisher purports to grant with this book.
 </para>
 <figure id="fig-1612">
 <title>List of the permissions that the publisher purports to grant.</title>
 </para>
 <figure id="fig-1612">
 <title>List of the permissions that the publisher purports to grant.</title>

-<graphic fileref="images/1612.png"></graphic>
+<graphic fileref="images/1612.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 <!-- PAGE BREAK 161 -->
 </figure>
 <para>
 <!-- PAGE BREAK 161 -->


@@ -7208,15 +7946,15 @@ print ten pages from the book every ten days. Lastly, I have the
 permission to use the Read Aloud button to hear <citetitle>Middlemarch</citetitle>
 read aloud through the computer.
 </para>
 permission to use the Read Aloud button to hear <citetitle>Middlemarch</citetitle>
 read aloud through the computer.
 </para>

+<indexterm><primary>Aristotle</primary></indexterm>
+<indexterm><primary><citetitle>Politics</citetitle>, (Aristotle)</primary></indexterm>

 <para>
 Here's the e-book for another work in the public domain (including the
 translation): Aristotle's <citetitle>Politics</citetitle>.
 <para>
 Here's the e-book for another work in the public domain (including the
 translation): Aristotle's <citetitle>Politics</citetitle>.

-<indexterm><primary>Aristotle</primary></indexterm>
-<indexterm><primary><citetitle>Politics</citetitle>, (Aristotle)</primary></indexterm>

 </para>
 <figure id="fig-1621">
 </para>
 <figure id="fig-1621">

-<title>E-book of Aristotle;s &quot;Politics&quot;</title>
-<graphic fileref="images/1621.png"></graphic>
+<title>E-book of Aristotle;s <quote>Politics</quote></title>
+<graphic fileref="images/1621.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 According to its permissions, no printing or copying is permitted
 </figure>
 <para>
 According to its permissions, no printing or copying is permitted


@@ -7224,9 +7962,11 @@ at all. But fortunately, you can use the Read Aloud button to hear
 the book.
 </para>
 <figure id="fig-1622">
 the book.
 </para>
 <figure id="fig-1622">

-<title>List of the permissions for Aristotle;s &quot;Politics&quot;.</title>
-<graphic fileref="images/1622.png"></graphic>
+<title>List of the permissions for Aristotle;s <quote>Politics</quote>.</title>
+<graphic fileref="images/1622.png" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<indexterm><primary>Future of Ideas, The (Lessig)</primary></indexterm>
+<indexterm><primary>Lessig, Lawrence</primary></indexterm>

 <para>
 Finally (and most embarrassingly), here are the permissions for the
 original e-book version of my last book, <citetitle>The Future of
 <para>
 Finally (and most embarrassingly), here are the permissions for the
 original e-book version of my last book, <citetitle>The Future of


@@ -7234,15 +7974,15 @@ Ideas</citetitle>:
 </para>
 <!-- PAGE BREAK 162 -->
 <figure id="fig-1631">
 </para>
 <!-- PAGE BREAK 162 -->
 <figure id="fig-1631">

-<title>List of the permissions for &quot;The Future of Ideas&quot;.</title>
-<graphic fileref="images/1631.png"></graphic>
+<title>List of the permissions for <quote>The Future of Ideas</quote>.</title>
+<graphic fileref="images/1631.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 No copying, no printing, and don't you dare try to listen to this book!
 </para>
 <para>
 Now, the Adobe eBook Reader calls these controls
 </figure>
 <para>
 No copying, no printing, and don't you dare try to listen to this book!
 </para>
 <para>
 Now, the Adobe eBook Reader calls these controls

-"permissions"&mdash; as if the publisher has the power to control how
+<quote>permissions</quote>&mdash; as if the publisher has the power to control how

 you use these works.  For works under copyright, the copyright owner
 certainly does have the power&mdash;up to the limits of the copyright
 law. But for work not under copyright, there is no such copyright
 you use these works.  For works under copyright, the copyright owner
 certainly does have the power&mdash;up to the limits of the copyright
 law. But for work not under copyright, there is no such copyright


@@ -7264,9 +8004,9 @@ control that the law would enable.
 </para>
 <para>
 The control comes instead from the code&mdash;from the technology
 </para>
 <para>
 The control comes instead from the code&mdash;from the technology

-within which the e-book "lives." Though the e-book says that these are
-permissions, they are not the sort of "permissions" that most of us
-deal with. When a teenager gets "permission" to stay out till
+within which the e-book <quote>lives.</quote> Though the e-book says that these are
+permissions, they are not the sort of <quote>permissions</quote> that most of us
+deal with. When a teenager gets <quote>permission</quote> to stay out till

 midnight, she knows (unless she's Cinderella) that she can stay out
 till 2 A.M., but will suffer a punishment if she's caught. But when
 the Adobe eBook Reader says I have the permission to make ten copies
 midnight, she knows (unless she's Cinderella) that she can stay out
 till 2 A.M., but will suffer a punishment if she's caught. But when
 the Adobe eBook Reader says I have the permission to make ten copies


@@ -7279,13 +8019,14 @@ aloud&mdash;it's not that the company will sue you if you do; instead,
 if you push the Read Aloud button with my book, the machine simply
 won't read aloud.
 </para>
 if you push the Read Aloud button with my book, the machine simply
 won't read aloud.
 </para>

+<indexterm><primary>Marx Brothers</primary></indexterm>
+<indexterm><primary>Warner Brothers</primary></indexterm>

 <para>
 <!-- PAGE BREAK 163 -->
 These are <emphasis>controls</emphasis>, not permissions. Imagine a
 world where the Marx Brothers sold word processing software that, when
 <para>
 <!-- PAGE BREAK 163 -->
 These are <emphasis>controls</emphasis>, not permissions. Imagine a
 world where the Marx Brothers sold word processing software that, when

-you tried to type "Warner Brothers," erased "Brothers" from the
+you tried to type <quote>Warner Brothers,</quote> erased <quote>Brothers</quote> from the

 sentence.
 sentence.

-<indexterm><primary>Marx Brothers</primary></indexterm>

 </para>
 <para>
 This is the future of copyright law: not so much copyright
 </para>
 <para>
 This is the future of copyright law: not so much copyright


@@ -7307,6 +8048,8 @@ to defeat these protections as well?
 We've only scratched the surface of this story. Return to the Adobe
 eBook Reader.
 </para>
 We've only scratched the surface of this story. Return to the Adobe
 eBook Reader.
 </para>

+<indexterm id='idxalicesadventuresinwonderlandcarroll' class='startofrange'><primary>Alice's Adventures in Wonderland (Carroll)</primary></indexterm>
+<indexterm id='idxpublicdomainebookrestrictionson2' class='startofrange'><primary>public domain</primary><secondary>e-book restrictions on</secondary></indexterm>

 <para>
 Early in the life of the Adobe eBook Reader, Adobe suffered a public
 relations nightmare. Among the books that you could download for free
 <para>
 Early in the life of the Adobe eBook Reader, Adobe suffered a public
 relations nightmare. Among the books that you could download for free


@@ -7316,17 +8059,15 @@ domain. Yet when you clicked on Permissions for that book, you got the
 following report:
 </para>
 <figure id="fig-1641">
 following report:
 </para>
 <figure id="fig-1641">

-<title>List of the permissions for &quot;Alice's Adventures in
-Wonderland&quot;.</title>
-<graphic fileref="images/1641.png"></graphic>
+<title>List of the permissions for <quote>Alice's Adventures in
+Wonderland</quote>.</title>
+<graphic fileref="images/1641.png" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<!-- PAGE BREAK 164-->

 <para>
 <para>

-<!-- PAGE BREAK 164 -->
-Here was a public domain children's book that you were not 
-               allowed
-to copy, not allowed to lend, not allowed to give, and, as the 
-               "permissions"
-indicated, not allowed to "read aloud"!
+Here was a public domain children's book that you were not allowed to
+copy, not allowed to lend, not allowed to give, and, as the
+<quote>permissions</quote> indicated, not allowed to <quote>read aloud</quote>!

 </para>
 <para>
 The public relations nightmare attached to that final permission.
 </para>
 <para>
 The public relations nightmare attached to that final permission.


@@ -7349,6 +8090,8 @@ could use a computer to read the book aloud, would Adobe agree that
 such a use of an eBook Reader was fair? Adobe didn't answer because
 the answer, however absurd it might seem, is no.
 </para>
 such a use of an eBook Reader was fair? Adobe didn't answer because
 the answer, however absurd it might seem, is no.
 </para>

+<indexterm startref='idxalicesadventuresinwonderlandcarroll' class='endofrange'/>
+<indexterm startref='idxpublicdomainebookrestrictionson2' class='endofrange'/>

 <para>
 The point is not to blame Adobe. Indeed, Adobe is among the most
 innovative companies developing strategies to balance open access to
 <para>
 The point is not to blame Adobe. Indeed, Adobe is among the most
 innovative companies developing strategies to balance open access to


@@ -7357,15 +8100,17 @@ technology enables control, and Adobe has an incentive to defend this
 control.  That incentive is understandable, yet what it creates is
 often crazy.
 </para>
 control.  That incentive is understandable, yet what it creates is
 often crazy.
 </para>

+<indexterm startref='idxadobeebookreader' class='endofrange'/>
+<indexterm startref='idxbooksoninternet2' class='endofrange'/>

 <para>
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>
 <para>
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>

-<indexterm id="idxaibo" class='startofrange'>
-  <primary>Aibo robotic dog</primary>
-</indexterm>
+<indexterm id='idxaibo1' class='startofrange'><primary>Aibo robotic dog</primary></indexterm>
+<indexterm id='idxroboticdog1' class='startofrange'><primary>robotic dog</primary></indexterm>
+<indexterm id='idxsonyaibo1' class='startofrange'><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 <para>

-Consider the robotic dog made by Sony named "Aibo." The Aibo
+Consider the robotic dog made by Sony named <quote>Aibo.</quote> The Aibo

 learns tricks, cuddles, and follows you around. It eats only electricity
 and that doesn't leave that much of a mess (at least in your house).
 </para>
 learns tricks, cuddles, and follows you around. It eats only electricity
 and that doesn't leave that much of a mess (at least in your house).
 </para>


@@ -7373,30 +8118,33 @@ and that doesn't leave that much of a mess (at least in your house).
 The Aibo is expensive and popular. Fans from around the world
 have set up clubs to trade stories. One fan in particular set up a Web
 site to enable information about the Aibo dog to be shared. This fan set
 The Aibo is expensive and popular. Fans from around the world
 have set up clubs to trade stories. One fan in particular set up a Web
 site to enable information about the Aibo dog to be shared. This fan set

-<!-- PAGE BREAK 165 -->
+<!-- PAGE BREAK 165-->

 up aibopet.com (and aibohack.com, but that resolves to the same site),
 and on that site he provided information about how to teach an Aibo
 to do tricks in addition to the ones Sony had taught it.
 </para>
 <para>
 up aibopet.com (and aibohack.com, but that resolves to the same site),
 and on that site he provided information about how to teach an Aibo
 to do tricks in addition to the ones Sony had taught it.
 </para>
 <para>

-"Teach" here has a special meaning. Aibos are just cute computers.
+<quote>Teach</quote> here has a special meaning. Aibos are just cute computers.

 You teach a computer how to do something by programming it
 differently.  So to say that aibopet.com was giving information about
 how to teach the dog to do new tricks is just to say that aibopet.com
 was giving information to users of the Aibo pet about how to hack
 You teach a computer how to do something by programming it
 differently.  So to say that aibopet.com was giving information about
 how to teach the dog to do new tricks is just to say that aibopet.com
 was giving information to users of the Aibo pet about how to hack

-their computer "dog" to make it do new tricks (thus, aibohack.com).
+their computer <quote>dog</quote> to make it do new tricks (thus, aibohack.com).

 </para>
 </para>

+<indexterm><primary>hacks</primary></indexterm>

 <para>
 <para>

-If you're not a programmer or don't know many programmers, the
-word <citetitle>hack</citetitle> has a particularly unfriendly connotation. Nonprogrammers
-hack bushes or weeds. Nonprogrammers in horror movies do even
-worse. But to programmers, or coders, as I call them, <citetitle>hack</citetitle> is a much
-more positive term. <citetitle>Hack</citetitle> just means code that enables the program to
-do something it wasn't originally intended or enabled to do. If you buy
-a new printer for an old computer, you might find the old computer
-doesn't run, or "drive," the printer. If you discovered that, you'd later be
-happy to discover a hack on the Net by someone who has written a
-driver to enable the computer to drive the printer you just bought.
+If you're not a programmer or don't know many programmers, the word
+<citetitle>hack</citetitle> has a particularly unfriendly
+connotation. Nonprogrammers hack bushes or weeds. Nonprogrammers in
+horror movies do even worse. But to programmers, or coders, as I call
+them, <citetitle>hack</citetitle> is a much more positive
+term. <citetitle>Hack</citetitle> just means code that enables the
+program to do something it wasn't originally intended or enabled to
+do. If you buy a new printer for an old computer, you might find the
+old computer doesn't run, or <quote>drive,</quote> the printer. If you discovered
+that, you'd later be happy to discover a hack on the Net by someone
+who has written a driver to enable the computer to drive the printer
+you just bought.

 </para>
 <para>
 Some hacks are easy. Some are unbelievably hard. Hackers as a
 </para>
 <para>
 Some hacks are easy. Some are unbelievably hard. Hackers as a


@@ -7412,7 +8160,9 @@ dance jazz. The dog wasn't programmed to dance jazz. It was a clever
 bit of tinkering that turned the dog into a more talented creature
 than Sony had built.
 </para>
 bit of tinkering that turned the dog into a more talented creature
 than Sony had built.
 </para>

-<indexterm startref="idxaibo" class='endofrange'/>
+<indexterm startref='idxsonyaibo1' class='endofrange'/>
+<indexterm startref='idxroboticdog1' class='endofrange'/>
+<indexterm startref='idxaibo1' class='endofrange'/>

 <para>
 I've told this story in many contexts, both inside and outside the
 United States. Once I was asked by a puzzled member of the audience,
 <para>
 I've told this story in many contexts, both inside and outside the
 United States. Once I was asked by a puzzled member of the audience,


@@ -7429,6 +8179,7 @@ completely legal activity. One imagines that the owner of aibopet.com
 thought, <emphasis>What possible problem could there be with teaching
 a robot dog to dance?</emphasis>
 </para>
 thought, <emphasis>What possible problem could there be with teaching
 a robot dog to dance?</emphasis>
 </para>

+<indexterm><primary>Microsoft</primary><secondary>government case against</secondary></indexterm>

 <para>
 Let's put the dog to sleep for a minute, and turn to a pony show&mdash;
 not literally a pony show, but rather a paper that a Princeton academic
 <para>
 Let's put the dog to sleep for a minute, and turn to a pony show&mdash;
 not literally a pony show, but rather a paper that a Princeton academic


@@ -7443,15 +8194,15 @@ into being silent about something he knew very well.
 <para>
 But Felten's bravery was really tested in April 2001.<footnote><para>
 <!-- f22 -->
 <para>
 But Felten's bravery was really tested in April 2001.<footnote><para>
 <!-- f22 -->

-See Pamela Samuelson, "Anticircumvention Rules: Threat to Science,"
-<citetitle>Science</citetitle> 293 (2001): 2028; Brendan I. Koerner, "Play Dead: Sony Muzzles
-the Techies Who Teach a Robot Dog New Tricks," <citetitle>American Prospect</citetitle>,
-January 2002; "Court Dismisses Computer Scientists' Challenge to
-DMCA," <citetitle>Intellectual Property Litigation Reporter</citetitle>, 11 December 2001; Bill
-Holland, "Copyright Act Raising Free-Speech Concerns," <citetitle>Billboard</citetitle>,
-May 2001; Janelle Brown, "Is the RIAA Running Scared?" Salon.com,
-April  2001; Electronic Frontier Foundation, "Frequently Asked 
-Questions about <citetitle>Felten and USENIX</citetitle> v. <citetitle>RIAA</citetitle> Legal Case," available at 
+See Pamela Samuelson, <quote>Anticircumvention Rules: Threat to Science,</quote>
+<citetitle>Science</citetitle> 293 (2001): 2028; Brendan I. Koerner, <quote>Play Dead: Sony Muzzles
+the Techies Who Teach a Robot Dog New Tricks,</quote> <citetitle>American Prospect</citetitle>,
+January 2002; <quote>Court Dismisses Computer Scientists' Challenge to
+DMCA,</quote> <citetitle>Intellectual Property Litigation Reporter</citetitle>, 11 December 2001; Bill
+Holland, <quote>Copyright Act Raising Free-Speech Concerns,</quote> <citetitle>Billboard</citetitle>,
+May 2001; Janelle Brown, <quote>Is the RIAA Running Scared?</quote> Salon.com,
+April  2001; Electronic Frontier Foundation, <quote>Frequently Asked 
+Questions about <citetitle>Felten and USENIX</citetitle> v. <citetitle>RIAA</citetitle> Legal Case,</quote> available at 

 <ulink url="http://free-culture.cc/notes/">link #27</ulink>.
 <indexterm><primary>Electronic Frontier Foundation</primary></indexterm>
 </para></footnote>
 <ulink url="http://free-culture.cc/notes/">link #27</ulink>.
 <indexterm><primary>Electronic Frontier Foundation</primary></indexterm>
 </para></footnote>


@@ -7465,8 +8216,8 @@ The SDMI coalition had as its goal a technology to enable content
 owners to exercise much better control over their content than the
 Internet, as it originally stood, granted them. Using encryption, SDMI
 hoped to develop a standard that would allow the content owner to say
 owners to exercise much better control over their content than the
 Internet, as it originally stood, granted them. Using encryption, SDMI
 hoped to develop a standard that would allow the content owner to say

-"this music cannot be copied," and have a computer respect that
-command.  The technology was to be part of a "trusted system" of
+<quote>this music cannot be copied,</quote> and have a computer respect that
+command.  The technology was to be part of a <quote>trusted system</quote> of

 control that would get content owners to trust the system of the
 Internet much more.
 </para>
 control that would get content owners to trust the system of the
 Internet much more.
 </para>


@@ -7499,6 +8250,9 @@ academic essay, unintelligible to most people. But it clearly showed the
 weakness in the SDMI system, and why SDMI would not, as presently
 constituted, succeed.
 </para>
 weakness in the SDMI system, and why SDMI would not, as presently
 constituted, succeed.
 </para>

+<indexterm id='idxaibo2' class='startofrange'><primary>Aibo robotic dog</primary></indexterm>
+<indexterm id='idxroboticdog2' class='startofrange'><primary>robotic dog</primary></indexterm>
+<indexterm id='idxsonyaibo2' class='startofrange'><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 What links these two, aibopet.com and Felten, is the letters they
 then received. Aibopet.com received a letter from Sony about the
 <para>
 What links these two, aibopet.com and Felten, is the letters they
 then received. Aibopet.com received a letter from Sony about the


@@ -7512,6 +8266,9 @@ AIBO-ware's copy protection protocol constituting a violation of the
 anti-circumvention provisions of the Digital Millennium Copyright Act.
 </para>
 </blockquote>
 anti-circumvention provisions of the Digital Millennium Copyright Act.
 </para>
 </blockquote>

+<indexterm startref='idxsonyaibo2' class='endofrange'/>
+<indexterm startref='idxroboticdog2' class='endofrange'/>
+<indexterm startref='idxaibo2' class='endofrange'/>

 <para>
 And though an academic paper describing the weakness in a system
 of encryption should also be perfectly legal, Felten received a letter
 <para>
 And though an academic paper describing the weakness in a system
 of encryption should also be perfectly legal, Felten received a letter


@@ -7523,7 +8280,7 @@ Any  disclosure of information gained from participating in the
 <!-- PAGE BREAK 168 -->
 Public Challenge would be outside the scope of activities permitted by
 the Agreement and could subject you and your research team to actions
 <!-- PAGE BREAK 168 -->
 Public Challenge would be outside the scope of activities permitted by
 the Agreement and could subject you and your research team to actions

-under the Digital Millennium Copyright Act ("DMCA").
+under the Digital Millennium Copyright Act (<quote>DMCA</quote>).

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


@@ -7558,6 +8315,9 @@ measures. It was designed to ban those devices, whether or not the use
 of the copyrighted material made possible by that circumvention would
 have been a copyright violation.
 </para>
 of the copyrighted material made possible by that circumvention would
 have been a copyright violation.
 </para>

+<indexterm><primary>Aibo robotic dog</primary></indexterm>
+<indexterm><primary>robotic dog</primary></indexterm>
+<indexterm><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 Aibopet.com and Felten make the point. The Aibo hack circumvented a
 copyright protection system for the purpose of enabling the dog to
 <para>
 Aibopet.com and Felten make the point. The Aibo hack circumvented a
 copyright protection system for the purpose of enabling the dog to


@@ -7578,37 +8338,42 @@ suggested, Felten himself was distributing a circumvention technology.
 Thus, even though he was not himself infringing anyone's copyright,
 his academic paper was enabling others to infringe others' copyright.
 </para>
 Thus, even though he was not himself infringing anyone's copyright,
 his academic paper was enabling others to infringe others' copyright.
 </para>

+<indexterm><primary>Rogers, Fred</primary></indexterm>
+<indexterm id='idxcassettevcrs2' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 The bizarreness of these arguments is captured in a cartoon drawn in
 1981 by Paul Conrad. At that time, a court in California had held that
 the VCR could be banned because it was a copyright-infringing
 technology: It enabled consumers to copy films without the permission
 of the copyright owner. No doubt there were uses of the technology
 <para>
 The bizarreness of these arguments is captured in a cartoon drawn in
 1981 by Paul Conrad. At that time, a court in California had held that
 the VCR could be banned because it was a copyright-infringing
 technology: It enabled consumers to copy films without the permission
 of the copyright owner. No doubt there were uses of the technology

-that were legal: Fred Rogers, aka "<citetitle>Mr. Rogers</citetitle>," for example, had
-testified in that case that he wanted people to feel free to tape
-Mr. Rogers' Neighborhood.
+that were legal: Fred Rogers, aka <quote><citetitle>Mr. Rogers</citetitle>,</quote>
+for example, had testified in that case that he wanted people to feel
+free to tape Mr. Rogers' Neighborhood.
+<indexterm><primary>Conrad, Paul</primary></indexterm>

 </para>
 <blockquote>
 <para>
 Some public stations, as well as commercial stations, program the
 </para>
 <blockquote>
 <para>
 Some public stations, as well as commercial stations, program the

-"Neighborhood" at hours when some children cannot use it. I think that
+<quote>Neighborhood</quote> at hours when some children cannot use it. I think that

 it's a real service to families to be able to record such programs and
 show them at appropriate times. I have always felt that with the
 advent of all of this new technology that allows people to tape the
 it's a real service to families to be able to record such programs and
 show them at appropriate times. I have always felt that with the
 advent of all of this new technology that allows people to tape the

-"Neighborhood" off-the-air, and I'm speaking for the "Neighborhood"
+<quote>Neighborhood</quote> off-the-air, and I'm speaking for the <quote>Neighborhood</quote>

 because that's what I produce, that they then become much more active
 in the programming of their family's television life. Very frankly, I
 am opposed to people being programmed by others. My whole approach in
 because that's what I produce, that they then become much more active
 in the programming of their family's television life. Very frankly, I
 am opposed to people being programmed by others. My whole approach in

-broadcasting has always been "You are an important person just the way
-you are. You can make healthy decisions." Maybe I'm going on too long,
+broadcasting has always been <quote>You are an important person just the way
+you are. You can make healthy decisions.</quote> Maybe I'm going on too long,

 but I just feel that anything that allows a person to be more active
 in the control of his or her life, in a healthy way, is
 important.<footnote><para>
 <!-- f23 -->
 but I just feel that anything that allows a person to be more active
 in the control of his or her life, in a healthy way, is
 important.<footnote><para>
 <!-- f23 -->

+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., 464 U.S. 417,
 455 fn. 27 (1984). Rogers never changed his view about the VCR. See
 James Lardner, <citetitle>Fast Forward: Hollywood, the Japanese, and the Onslaught of
 the VCR</citetitle> (New York: W. W. Norton, 1987), 270&ndash;71.
 <citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., 464 U.S. 417,
 455 fn. 27 (1984). Rogers never changed his view about the VCR. See
 James Lardner, <citetitle>Fast Forward: Hollywood, the Japanese, and the Onslaught of
 the VCR</citetitle> (New York: W. W. Norton, 1987), 270&ndash;71.

+<indexterm><primary>Rogers, Fred</primary></indexterm>

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


@@ -7621,6 +8386,7 @@ the VCR responsible.
 <para>
 This led Conrad to draw the cartoon below, which we can adopt to
 the DMCA.
 <para>
 This led Conrad to draw the cartoon below, which we can adopt to
 the DMCA.

+<indexterm><primary>Conrad, Paul</primary></indexterm>

 </para>
 <para>
 No argument I have can top this picture, but let me try to get close.
 </para>
 <para>
 No argument I have can top this picture, but let me try to get close.


@@ -7633,6 +8399,7 @@ pirating of copyrighted material&mdash;a bad end. Or they can be used
 to enable the use of particular copyrighted materials in ways that
 would be considered fair use&mdash;a good end.
 </para>
 to enable the use of particular copyrighted materials in ways that
 would be considered fair use&mdash;a good end.
 </para>

+<indexterm id='idxhandguns' class='startofrange'><primary>handguns</primary></indexterm>

 <para>
 A handgun can be used to shoot a police officer or a child. Most
 <!-- PAGE BREAK 171 -->
 <para>
 A handgun can be used to shoot a police officer or a child. Most
 <!-- PAGE BREAK 171 -->


@@ -7641,10 +8408,11 @@ practice or to protect against an intruder. At least some would say that
 such a use would be good. It, too, is a technology that has both good
 and bad uses.
 </para>
 such a use would be good. It, too, is a technology that has both good
 and bad uses.
 </para>

-<figure id="fig-1711">
+<figure id="fig-1711-vcr-handgun-cartoonfig">

 <title>VCR/handgun cartoon.</title>
 <title>VCR/handgun cartoon.</title>

-<graphic fileref="images/1711.png"></graphic>
+<graphic fileref="images/1711.png" align="center" width="70%"></graphic>

 </figure>
 </figure>

+<indexterm><primary>Conrad, Paul</primary></indexterm>

 <para>
 The obvious point of Conrad's cartoon is the weirdness of a world
 where guns are legal, despite the harm they can do, while VCRs (and
 <para>
 The obvious point of Conrad's cartoon is the weirdness of a world
 where guns are legal, despite the harm they can do, while VCRs (and


@@ -7653,6 +8421,11 @@ died from copyright circumvention</emphasis>. Yet the law bans circumvention
 technologies absolutely, despite the potential that they might do some
 good, but permits guns, despite the obvious and tragic harm they do.
 </para>
 technologies absolutely, despite the potential that they might do some
 good, but permits guns, despite the obvious and tragic harm they do.
 </para>

+<indexterm startref='idxhandguns' class='endofrange'/>
+<indexterm startref='idxcassettevcrs2' class='endofrange'/>
+<indexterm><primary>Aibo robotic dog</primary></indexterm>
+<indexterm><primary>robotic dog</primary></indexterm>
+<indexterm><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 The Aibo and RIAA examples demonstrate how copyright owners are
 changing the balance that copyright law grants. Using code, copyright
 <para>
 The Aibo and RIAA examples demonstrate how copyright owners are
 changing the balance that copyright law grants. Using code, copyright


@@ -7693,8 +8466,8 @@ fiction about the show. One person would play Spock, another, Captain
 Kirk. The characters would begin with a plot from a real story, then
 simply continue it.<footnote><para>
 <!-- f24 -->
 Kirk. The characters would begin with a plot from a real story, then
 simply continue it.<footnote><para>
 <!-- f24 -->

-For an early and prescient analysis, see Rebecca Tushnet, "Legal Fictions,
-Copyright, Fan Fiction, and a New Common Law," <citetitle>Loyola of Los Angeles
+For an early and prescient analysis, see Rebecca Tushnet, <quote>Legal Fictions,
+Copyright, Fan Fiction, and a New Common Law,</quote> <citetitle>Loyola of Los Angeles

 Entertainment Law Journal</citetitle> 17 (1997): 651.
 </para></footnote>
 </para>
 Entertainment Law Journal</citetitle> 17 (1997): 651.
 </para></footnote>
 </para>


@@ -7705,6 +8478,7 @@ never be interfered with by the copyright police. You were free in
 that space to do as you wished with this part of our culture. You were
 allowed to build on it as you wished without fear of legal control.
 </para>
 that space to do as you wished with this part of our culture. You were
 allowed to build on it as you wished without fear of legal control.
 </para>

+<indexterm><primary>bots</primary></indexterm>

 <para>
 But if you moved your club onto the Internet, and made it generally
 available for others to join, the story would be very different. Bots
 <para>
 But if you moved your club onto the Internet, and made it generally
 available for others to join, the story would be very different. Bots


@@ -7759,18 +8533,23 @@ media.  Before this change happened, the different forms of media were
 owned by separate media companies. Now, the media is increasingly
 owned by only a few companies. Indeed, after the changes that the FCC
 announced in June 2003, most expect that within a few years, we will
 owned by separate media companies. Now, the media is increasingly
 owned by only a few companies. Indeed, after the changes that the FCC
 announced in June 2003, most expect that within a few years, we will

-live in a world where just three companies control more than percent
+live in a world where just three companies control more than 85 percent

 of the media.
 </para>
 <para>
 These changes are of two sorts: the scope of concentration, and its
 nature.
 </para>
 of the media.
 </para>
 <para>
 These changes are of two sorts: the scope of concentration, and its
 nature.
 </para>

+<indexterm><primary>cable television</primary></indexterm>

 <indexterm><primary>BMG</primary></indexterm>
 <indexterm><primary>BMG</primary></indexterm>

+<indexterm><primary>EMI</primary></indexterm>
+<indexterm><primary>McCain, John</primary></indexterm>
+<indexterm><primary>Universal Music Group</primary></indexterm>
+<indexterm><primary>Warner Music Group</primary></indexterm>

 <para>
 Changes in scope are the easier ones to describe. As Senator John
 McCain summarized the data produced in the FCC's review of media
 <para>
 Changes in scope are the easier ones to describe. As Senator John
 McCain summarized the data produced in the FCC's review of media

-ownership, "five companies control 85 percent of our media sources."<footnote><para>
+ownership, <quote>five companies control 85 percent of our media sources.</quote><footnote><para>

 <!-- f25 -->
 FCC Oversight: Hearing Before the Senate Commerce, Science and
 Transportation Committee, 108th Cong., 1st sess. (22 May 2003)
 <!-- f25 -->
 FCC Oversight: Hearing Before the Senate Commerce, Science and
 Transportation Committee, 108th Cong., 1st sess. (22 May 2003)


@@ -7779,16 +8558,15 @@ The five recording labels of Universal Music Group, BMG, Sony Music
 Entertainment, Warner Music Group, and EMI control 84.8 percent of the
 U.S. music market.<footnote><para>
 <!-- f26 -->
 Entertainment, Warner Music Group, and EMI control 84.8 percent of the
 U.S. music market.<footnote><para>
 <!-- f26 -->

-Lynette Holloway, "Despite a Marketing Blitz, CD Sales Continue to
-Slide," <citetitle>New York Times</citetitle>, 23 December 2002.
+Lynette Holloway, <quote>Despite a Marketing Blitz, CD Sales Continue to
+Slide,</quote> <citetitle>New York Times</citetitle>, 23 December 2002.

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

-The "five largest cable companies pipe
-programming to 74 percent of the cable subscribers nationwide."<footnote><para>
+The <quote>five largest cable companies pipe
+programming to 74 percent of the cable subscribers nationwide.</quote><footnote><para>

 <!-- f27 -->
 <!-- f27 -->

-Molly Ivins, "Media Consolidation Must Be Stopped," <citetitle>Charleston Gazette</citetitle>,
+Molly Ivins, <quote>Media Consolidation Must Be Stopped,</quote> <citetitle>Charleston Gazette</citetitle>,

 31 May 2003.
 </para></footnote>
 31 May 2003.
 </para></footnote>

-<indexterm><primary>McCain, John</primary></indexterm>

 </para>
 <para>
 The story with radio is even more dramatic. Before deregulation,
 </para>
 <para>
 The story with radio is even more dramatic. Before deregulation,


@@ -7801,6 +8579,7 @@ markets, the two largest broadcasters control 74 percent of that
 market's revenues. Overall, just four companies control 90 percent of
 the nation's radio advertising revenues.
 </para>
 market's revenues. Overall, just four companies control 90 percent of
 the nation's radio advertising revenues.
 </para>

+<indexterm><primary>cable television</primary></indexterm>

 <para>
 Newspaper ownership is becoming more concentrated as well.  Today,
 there are six hundred fewer daily newspapers in the United States than
 <para>
 Newspaper ownership is becoming more concentrated as well.  Today,
 there are six hundred fewer daily newspapers in the United States than


@@ -7812,17 +8591,17 @@ of all cable revenue. This is a market far from the free press the
 framers sought to protect. Indeed, it is a market that is quite well
 protected&mdash; by the market.
 </para>
 framers sought to protect. Indeed, it is a market that is quite well
 protected&mdash; by the market.
 </para>

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

 <para>
 Concentration in size alone is one thing. The more invidious
 change is in the nature of that concentration. As author James Fallows
 put it in a recent article about Rupert Murdoch,
 <para>
 Concentration in size alone is one thing. The more invidious
 change is in the nature of that concentration. As author James Fallows
 put it in a recent article about Rupert Murdoch,

-<indexterm><primary>Fallows, James</primary></indexterm>

 </para>
 <blockquote>
 <para>
 Murdoch's companies now constitute a production system
 unmatched in its integration. They supply content&mdash;Fox movies
 </para>
 <blockquote>
 <para>
 Murdoch's companies now constitute a production system
 unmatched in its integration. They supply content&mdash;Fox movies

-. . .  Fox TV shows . . . Fox-controlled sports broadcasts, plus
+&hellip;  Fox TV shows &hellip; Fox-controlled sports broadcasts, plus

 newspapers and books. They sell the content to the public and to
 advertisers&mdash;in newspapers, on the broadcast network, on the
 cable channels. And they operate the physical distribution system
 newspapers and books. They sell the content to the public and to
 advertisers&mdash;in newspapers, on the broadcast network, on the
 cable channels. And they operate the physical distribution system


@@ -7831,7 +8610,7 @@ systems now distribute News Corp. content in Europe and Asia; if
 Murdoch becomes DirecTV's largest single owner, that system will serve
 the same function in the United States.<footnote><para>
 <!-- f28 -->
 Murdoch becomes DirecTV's largest single owner, that system will serve
 the same function in the United States.<footnote><para>
 <!-- f28 -->

-James Fallows, "The Age of Murdoch," <citetitle>Atlantic Monthly</citetitle> (September
+James Fallows, <quote>The Age of Murdoch,</quote> <citetitle>Atlantic Monthly</citetitle> (September

 2003): 89.
 <indexterm><primary>Fallows, James</primary></indexterm>
 </para></footnote>
 2003): 89.
 <indexterm><primary>Fallows, James</primary></indexterm>
 </para></footnote>


@@ -7843,9 +8622,9 @@ just large companies owning many radio stations, but a few companies
 owning as many outlets of media as possible. A picture describes this
 pattern better than a thousand words could do:
 </para>
 owning as many outlets of media as possible. A picture describes this
 pattern better than a thousand words could do:
 </para>

-<figure id="fig-1761">
+<figure id="fig-1761-pattern-modern-media-ownership">

 <title>Pattern of modern media ownership.</title>
 <title>Pattern of modern media ownership.</title>

-<graphic fileref="images/1761.png"></graphic>
+<graphic fileref="images/1761.png" align="center" width="90%"></graphic>

 </figure>
 <para>
 <!-- PAGE BREAK 175 -->
 </figure>
 <para>
 <!-- PAGE BREAK 175 -->


@@ -7879,10 +8658,9 @@ was happy to have the series; ABC could not stop Lear from walking.
 The copyrights that Lear held assured an independence from network
 control.<footnote><para>
 <!-- f29 -->
 The copyrights that Lear held assured an independence from network
 control.<footnote><para>
 <!-- f29 -->

-Leonard Hill, "The Axis of Access," remarks before Weidenbaum Center
-Forum, "Entertainment Economics: The Movie Industry," St. Louis, 
-               Missouri,
-3 April 2003 (transcript of prepared remarks available at 
+Leonard Hill, <quote>The Axis of Access,</quote> remarks before Weidenbaum Center
+Forum, <quote>Entertainment Economics: The Movie Industry,</quote> St. Louis,
+Missouri, 3 April 2003 (transcript of prepared remarks available at

 <ulink url="http://free-culture.cc/notes/">link #28</ulink>;
 for the Lear story, not included in the prepared remarks, see 
 <ulink url="http://free-culture.cc/notes/">link #29</ulink>).
 <ulink url="http://free-culture.cc/notes/">link #28</ulink>;
 for the Lear story, not included in the prepared remarks, see 
 <ulink url="http://free-culture.cc/notes/">link #29</ulink>).


@@ -7896,19 +8674,19 @@ the networks from controlling the content they syndicated. The law
 required a separation between the networks and the content producers;
 that separation would guarantee Lear freedom. And as late as 1992,
 because of these rules, the vast majority of prime time
 required a separation between the networks and the content producers;
 that separation would guarantee Lear freedom. And as late as 1992,
 because of these rules, the vast majority of prime time

-television&mdash;75 percent of it&mdash;was "independent" of the
+television&mdash;75 percent of it&mdash;was <quote>independent</quote> of the

 networks.
 </para>
 <para>
 In 1994, the FCC abandoned the rules that required this independence.
 After that change, the networks quickly changed the balance.  In 1985,
 there were twenty-five independent television production studios; in
 networks.
 </para>
 <para>
 In 1994, the FCC abandoned the rules that required this independence.
 After that change, the networks quickly changed the balance.  In 1985,
 there were twenty-five independent television production studios; in

-2002, only five independent television studios remained. "In 1992,
+2002, only five independent television studios remained. <quote>In 1992,

 only 15 percent of new series were produced for a network by a company
 it controlled. Last year, the percentage of shows produced by
 only 15 percent of new series were produced for a network by a company
 it controlled. Last year, the percentage of shows produced by

-controlled companies more than quintupled to 77 percent." "In 1992, 16
+controlled companies more than quintupled to 77 percent.</quote> <quote>In 1992, 16

 new series were produced independently of conglomerate control, last
 new series were produced independently of conglomerate control, last

-year there was one."<footnote><para>
+year there was one.</quote><footnote><para>

 <!-- f30 -->
 NewsCorp./DirecTV Merger and Media Consolidation: Hearings on Media
 Ownership Before the Senate Commerce Committee, 108th Cong., 1st
 <!-- f30 -->
 NewsCorp./DirecTV Merger and Media Consolidation: Hearings on Media
 Ownership Before the Senate Commerce Committee, 108th Cong., 1st


@@ -7920,11 +8698,11 @@ in her Remarks at FCC En Banc Hearing, Richmond, Virginia, 27 February
 2003.
 </para></footnote>
 In 2002, 75 percent of prime time television was owned by the networks
 2003.
 </para></footnote>
 In 2002, 75 percent of prime time television was owned by the networks

-that ran it. "In the ten-year period between 1992 and 2002, the number
+that ran it. <quote>In the ten-year period between 1992 and 2002, the number

 of prime time television hours per week produced by network studios
 increased over 200%, whereas the number of prime time television hours
 per week produced by independent studios decreased
 of prime time television hours per week produced by network studios
 increased over 200%, whereas the number of prime time television hours
 per week produced by independent studios decreased

-63%."<footnote><para>
+63%.</quote><footnote><para>

 <!-- f31 -->
 Ibid.
 </para></footnote>
 <!-- f31 -->
 Ibid.
 </para></footnote>


@@ -7936,12 +8714,12 @@ find that he had the choice either to make the show less edgy or to be
 fired: The content of any show developed for a network is increasingly
 owned by the network.
 </para>
 fired: The content of any show developed for a network is increasingly
 owned by the network.
 </para>

+<indexterm><primary>Diller, Barry</primary></indexterm>
+<indexterm><primary>Moyers, Bill</primary></indexterm>

 <para>
 While the number of channels has increased dramatically, the ownership
 of those channels has narrowed to an ever smaller and smaller few. As
 Barry Diller said to Bill Moyers,
 <para>
 While the number of channels has increased dramatically, the ownership
 of those channels has narrowed to an ever smaller and smaller few. As
 Barry Diller said to Bill Moyers,

-<indexterm><primary>Diller, Barry</primary></indexterm>
-<indexterm><primary>Moyers, Bill</primary></indexterm>

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


@@ -7954,7 +8732,7 @@ u]sed to have dozens and dozens of thriving independent production
 companies producing television programs. Now you have less than a
 handful.<footnote><para>
 <!-- f32 -->
 companies producing television programs. Now you have less than a
 handful.<footnote><para>
 <!-- f32 -->

-"Barry Diller Takes on Media Deregulation," <citetitle>Now with Bill Moyers</citetitle>, Bill
+<quote>Barry Diller Takes on Media Deregulation,</quote> <citetitle>Now with Bill Moyers</citetitle>, Bill

 Moyers, 25 April 2003, edited transcript available at 
 <ulink url="http://free-culture.cc/notes/">link #31</ulink>.
 </para></footnote>
 Moyers, 25 April 2003, edited transcript available at 
 <ulink url="http://free-culture.cc/notes/">link #31</ulink>.
 </para></footnote>


@@ -7975,8 +8753,8 @@ democracy.
 <indexterm><primary>Clark, Kim B.</primary></indexterm>
 <para>
 Economics itself offers a parallel that explains why this integration
 <indexterm><primary>Clark, Kim B.</primary></indexterm>
 <para>
 Economics itself offers a parallel that explains why this integration

-affects creativity. Clay Christensen has written about the "Innovator's
-Dilemma": the fact that large traditional firms find it rational to ignore
+affects creativity. Clay Christensen has written about the <quote>Innovator's
+Dilemma</quote>: the fact that large traditional firms find it rational to ignore

 new, breakthrough technologies that compete with their core business.
 The same analysis could help explain why large, traditional media
 companies would find it rational to ignore new cultural trends.<footnote><para>
 new, breakthrough technologies that compete with their core business.
 The same analysis could help explain why large, traditional media
 companies would find it rational to ignore new cultural trends.<footnote><para>


@@ -7985,8 +8763,8 @@ Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The
 Revolutionary National Bestseller that Changed the Way We Do Business</citetitle>
 (Cambridge: Harvard Business School Press, 1997). Christensen
 acknowledges that the idea was first suggested by Dean Kim Clark. See
 Revolutionary National Bestseller that Changed the Way We Do Business</citetitle>
 (Cambridge: Harvard Business School Press, 1997). Christensen
 acknowledges that the idea was first suggested by Dean Kim Clark. See

-Kim B. Clark, "The Interaction of Design Hierarchies and Market
-Concepts in Technological Evolution," <citetitle>Research Policy</citetitle> 14 (1985):
+Kim B. Clark, <quote>The Interaction of Design Hierarchies and Market
+Concepts in Technological Evolution,</quote> <citetitle>Research Policy</citetitle> 14 (1985):

 235&ndash;51. For a more recent study, see Richard Foster and Sarah
 Kaplan, <citetitle>Creative Destruction: Why Companies That Are Built to Last
 Underperform the Market&mdash;and How to Successfully Transform Them</citetitle>
 235&ndash;51. For a more recent study, see Richard Foster and Sarah
 Kaplan, <citetitle>Creative Destruction: Why Companies That Are Built to Last
 Underperform the Market&mdash;and How to Successfully Transform Them</citetitle>


@@ -8037,9 +8815,13 @@ 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>
+<indexterm id='idxcommercials' class='startofrange'><primary>commercials</primary></indexterm>
+<indexterm id='idxtelevisionadvertisingon' class='startofrange'><primary>television</primary><secondary>advertising on</secondary></indexterm>
+<indexterm><primary>Nick and Norm anti-drug campaign</primary></indexterm>

 <para>
 Beginning in 1998, the Office of National Drug Control Policy launched
 <para>
 Beginning in 1998, the Office of National Drug Control Policy launched

-a media campaign as part of the "war on drugs." The campaign produced
+a media campaign as part of the <quote>war on drugs.</quote> The campaign produced

 scores of short film clips about issues related to illegal drugs. In
 one series (the Nick and Norm series) two men are in a bar, discussing
 the idea of legalizing drugs as a way to avoid some of the collateral
 scores of short film clips about issues related to illegal drugs. In
 one series (the Nick and Norm series) two men are in a bar, discussing
 the idea of legalizing drugs as a way to avoid some of the collateral


@@ -8066,9 +8848,13 @@ money. Assume a group of concerned citizens donates all the money in
 the world to help you get your message out. Can you be sure your
 message will be heard then?
 </para>
 the world to help you get your message out. Can you be sure your
 message will be heard then?
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>
+<indexterm><primary>Supreme Court, U.S.</primary><secondary>on television advertising bans</secondary></indexterm>
+<indexterm><primary>television</primary><secondary>controversy avoided by</secondary></indexterm>

 <para>
 No. You cannot. Television stations have a general policy of avoiding
 <para>
 No. You cannot. Television stations have a general policy of avoiding

-"controversial" ads. Ads sponsored by the government are deemed
+<quote>controversial</quote> ads. Ads sponsored by the government are deemed

 uncontroversial; ads disagreeing with the government are
 controversial.  This selectivity might be thought inconsistent with
 the First Amendment, but the Supreme Court has held that stations have
 uncontroversial; ads disagreeing with the government are
 controversial.  This selectivity might be thought inconsistent with
 the First Amendment, but the Supreme Court has held that stations have


@@ -8077,35 +8863,44 @@ commercial media will refuse one side of a crucial debate the
 opportunity to present its case.  And the courts will defend the
 rights of the stations to be this biased.<footnote><para>
 <!-- f34 -->
 opportunity to present its case.  And the courts will defend the
 rights of the stations to be this biased.<footnote><para>
 <!-- f34 -->

+<indexterm><primary>ABC</primary></indexterm>
+<indexterm><primary>Comcast</primary></indexterm>
+<indexterm><primary>Marijuana Policy Project</primary></indexterm>
+<indexterm><primary>NBC</primary></indexterm>
+<indexterm><primary>WJOA</primary></indexterm>
+<indexterm><primary>WRC</primary></indexterm>
+<indexterm><primary>advertising</primary></indexterm>

 The Marijuana Policy Project, in February 2003, sought to place ads
 that directly responded to the Nick and Norm series on stations within
 The Marijuana Policy Project, in February 2003, sought to place ads
 that directly responded to the Nick and Norm series on stations within

-the Washington, D.C., area. Comcast rejected the ads as "against
-[their] policy."  The local NBC affiliate, WRC, rejected the ads
+the Washington, D.C., area. Comcast rejected the ads as <quote>against
+[their] policy.</quote>  The local NBC affiliate, WRC, rejected the ads

 without reviewing them. The local ABC affiliate, WJOA, originally
 agreed to run the ads and accepted payment to do so, but later decided
 not to run the ads and returned the collected fees. Interview with
 Neal Levine, 15 October 2003.  These restrictions are, of course, not
 without reviewing them. The local ABC affiliate, WJOA, originally
 agreed to run the ads and accepted payment to do so, but later decided
 not to run the ads and returned the collected fees. Interview with
 Neal Levine, 15 October 2003.  These restrictions are, of course, not

-limited to drug policy. See, for example, Nat Ives, "On the Issue of
-an Iraq War, Advocacy Ads Meet with Rejection from TV Networks," <citetitle>New
-York Times</citetitle>, 13 March 2003, C4.  Outside of election-related air time
-there is very little that the FCC or the courts are willing to do to
-even the playing field. For a general overview, see Rhonda Brown, "Ad
-Hoc Access: The Regulation of Editorial Advertising on Television and
-Radio," <citetitle>Yale Law and Policy Review</citetitle> 6 (1988): 449&ndash;79, and for a
-more recent summary of the stance of the FCC and the courts, see
-<citetitle>Radio-Television News Directors Association</citetitle> v. <citetitle>FCC</citetitle>, 184 F. 3d 872
+limited to drug policy. See, for example, Nat Ives, <quote>On the
+Issue of an Iraq War, Advocacy Ads Meet with Rejection from TV
+Networks,</quote> <citetitle>New York Times</citetitle>, 13 March
+2003, C4.  Outside of election-related air time there is very little
+that the FCC or the courts are willing to do to even the playing
+field. For a general overview, see Rhonda Brown, <quote>Ad Hoc Access:
+The Regulation of Editorial Advertising on Television and
+Radio,</quote> <citetitle>Yale Law and Policy Review</citetitle> 6
+(1988): 449&ndash;79, and for a more recent summary of the stance of
+the FCC and the courts, see <citetitle>Radio-Television News Directors
+Association</citetitle> v. <citetitle>FCC</citetitle>, 184 F. 3d 872

 (D.C. Cir. 1999). Municipal authorities exercise the same authority as
 the networks. In a recent example from San Francisco, the San
 Francisco transit authority rejected an ad that criticized its Muni
 (D.C. Cir. 1999). Municipal authorities exercise the same authority as
 the networks. In a recent example from San Francisco, the San
 Francisco transit authority rejected an ad that criticized its Muni

-diesel buses. Phillip Matier and Andrew Ross, "Antidiesel Group Fuming
-After Muni Rejects Ad," SFGate.com, 16 June 2003, available at
-<ulink url="http://free-culture.cc/notes/">link #32</ulink>. The ground
-was that the criticism was "too controversial."
-<indexterm><primary>Comcast</primary></indexterm>
-<indexterm><primary>Marijuana Policy Project</primary></indexterm>
-<indexterm><primary>WJOA</primary></indexterm>
+diesel buses. Phillip Matier and Andrew Ross, <quote>Antidiesel Group
+Fuming After Muni Rejects Ad,</quote> SFGate.com, 16 June 2003,
+available at <ulink url="http://free-culture.cc/notes/">link
+#32</ulink>. The ground was that the criticism was <quote>too
+controversial.</quote>

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

+<indexterm startref='idxcommercials' class='endofrange'/>
+<indexterm startref='idxtelevisionadvertisingon' class='endofrange'/>

 <para>
 I'd be happy to defend the networks' rights, as well&mdash;if we lived
 in a media market that was truly diverse. But concentration in the
 <para>
 I'd be happy to defend the networks' rights, as well&mdash;if we lived
 in a media market that was truly diverse. But concentration in the


@@ -8117,17 +8912,18 @@ 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>
 <para>
 There is something innocent and obvious about the claim of the
 </section>
 <section id="together">
 <title>Together</title>
 <para>
 There is something innocent and obvious about the claim of the

-copyright warriors that the government should "protect my property."
+copyright warriors that the government should <quote>protect my property.</quote>

 In the abstract, it is obviously true and, ordinarily, totally
 harmless. No sane sort who is not an anarchist could disagree.
 </para>
 <para>
 In the abstract, it is obviously true and, ordinarily, totally
 harmless. No sane sort who is not an anarchist could disagree.
 </para>
 <para>

-But when we see how dramatically this "property" has changed&mdash;
+But when we see how dramatically this <quote>property</quote> has changed&mdash;

 when we recognize how it might now interact with both technology and
 markets to mean that the effective constraint on the liberty to
 cultivate our culture is dramatically different&mdash;the claim begins
 when we recognize how it might now interact with both technology and
 markets to mean that the effective constraint on the liberty to
 cultivate our culture is dramatically different&mdash;the claim begins


@@ -8137,7 +8933,7 @@ to seem
 less innocent and obvious. Given (1) the power of technology to
 supplement the law's control, and (2) the power of concentrated
 markets to weaken the opportunity for dissent, if strictly enforcing
 less innocent and obvious. Given (1) the power of technology to
 supplement the law's control, and (2) the power of concentrated
 markets to weaken the opportunity for dissent, if strictly enforcing

-the massively expanded "property" rights granted by copyright
+the massively expanded <quote>property</quote> rights granted by copyright

 fundamentally changes the freedom within this culture to cultivate and
 build upon our past, then we have to ask whether this property should
 be redefined.
 fundamentally changes the freedom within this culture to cultivate and
 build upon our past, then we have to ask whether this property should
 be redefined.


@@ -8197,13 +8993,14 @@ now interact to turn this historically benign regulation into the most
 significant regulation of culture that our free society has
 known.<footnote><para>
 <!-- f35 -->
 significant regulation of culture that our free society has
 known.<footnote><para>
 <!-- f35 -->

-Siva Vaidhyanathan captures a similar point in his "four surrenders" of
-copyright law in the digital age. See Vaidhyanathan, 159&ndash;60.

 <indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>
 <indexterm><primary>Vaidhyanathan, Siva</primary></indexterm>

+Siva Vaidhyanathan captures a similar point in his <quote>four surrenders</quote> of
+copyright law in the digital age. See Vaidhyanathan, 159&ndash;60.

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

-This has been a long chapter. Its point can now be briefly stated.
+<emphasis role='strong'>This has been</emphasis> a long chapter. Its
+point can now be briefly stated.

 </para>
 <para>
 At the start of this book, I distinguished between commercial and
 </para>
 <para>
 At the start of this book, I distinguished between commercial and


@@ -8213,9 +9010,8 @@ combine these two distinctions and draw a clear map of the changes
 that copyright law has undergone.  In 1790, the law looked like this:
 </para>
 
 that copyright law has undergone.  In 1790, the law looked like this:
 </para>
 

-<table id="t2">
-<title></title>
-<tgroup cols="3" align="char">
+<informaltable id="t2">
+<tgroup cols="3" align="left">

 <thead>
  <row>
  <entry></entry>
 <thead>
  <row>
  <entry></entry>


@@ -8236,7 +9032,7 @@ that copyright law has undergone.  In 1790, the law looked like this:
  </row>
 </tbody>
 </tgroup>
  </row>
 </tbody>
 </tgroup>

-</table>
+</informaltable>

 
 <para>
 The act of publishing a map, chart, and book was regulated by
 
 <para>
 The act of publishing a map, chart, and book was regulated by


@@ -8251,9 +9047,8 @@ noncommercial work was also free.
 By the end of the nineteenth century, the law had changed to this:
 </para>
 
 By the end of the nineteenth century, the law had changed to this:
 </para>
 

-<table id="t3">
-<title></title>
-<tgroup cols="3" align="char">
+<informaltable id="t3">
+<tgroup cols="3" align="left">

 <thead>
  <row>
  <entry></entry>
 <thead>
  <row>
  <entry></entry>


@@ -8274,7 +9069,7 @@ By the end of the nineteenth century, the law had changed to this:
  </row>
 </tbody>
 </tgroup>
  </row>
 </tbody>
 </tgroup>

-</table>
+</informaltable>

 
 <para>
 Derivative works were now regulated by copyright law&mdash;if
 
 <para>
 Derivative works were now regulated by copyright law&mdash;if


@@ -8290,9 +9085,8 @@ expanded.  Thus by 1975, as photocopying machines became more common,
 we could say the law began to look like this:
 </para>
 
 we could say the law began to look like this:
 </para>
 

-<table id="t4">
-<title></title>
-<tgroup cols="3" align="char">
+<informaltable id="t4">
+<tgroup cols="3" align="left">

 <thead>
  <row>
  <entry></entry>
 <thead>
  <row>
  <entry></entry>


@@ -8313,7 +9107,7 @@ we could say the law began to look like this:
  </row>
 </tbody>
 </tgroup>
  </row>
 </tbody>
 </tgroup>

-</table>
+</informaltable>

 
 <para>
 The law was interpreted to reach noncommercial copying through, say,
 
 <para>
 The law was interpreted to reach noncommercial copying through, say,


@@ -8323,9 +9117,8 @@ technologies, especially in the context of a digital network, means
 that the law now looks like this:
 </para>
 
 that the law now looks like this:
 </para>
 

-<table id="t5">
-<title></title>
-<tgroup cols="3" align="char">
+<informaltable id="t5">
+<tgroup cols="3" align="left">

 <thead>
  <row>
  <entry></entry>
 <thead>
  <row>
  <entry></entry>


@@ -8346,7 +9139,7 @@ that the law now looks like this:
  </row>
 </tbody>
 </tgroup>
  </row>
 </tbody>
 </tgroup>

-</table>
+</informaltable>

 
 <para>
 Every realm is governed by copyright law, whereas before most
 
 <para>
 Every realm is governed by copyright law, whereas before most


@@ -8367,52 +9160,60 @@ I have no doubt that it does good in regulating commercial copying.
 But I also have no doubt that it does more harm than good when
 regulating (as it regulates just now) noncommercial copying and,
 especially, noncommercial transformation. And increasingly, for the
 But I also have no doubt that it does more harm than good when
 regulating (as it regulates just now) noncommercial copying and,
 especially, noncommercial transformation. And increasingly, for the

-reasons sketched especially in chapters 7 and 8, one might well wonder
-whether it does more harm than good for commercial transformation.
-More commercial transformative work would be created if derivative
-rights were more sharply restricted.
+reasons sketched especially in chapters
+<xref xrefstyle="select: labelnumber" linkend="recorders"/> and
+<xref xrefstyle="select: labelnumber" linkend="transformers"/>, one
+might well wonder whether it does more harm than good for commercial
+transformation.  More commercial transformative work would be created
+if derivative rights were more sharply restricted.

 </para>
 <para>
 The issue is therefore not simply whether copyright is property. Of
 </para>
 <para>
 The issue is therefore not simply whether copyright is property. Of

-course copyright is a kind of "property," and of course, as with any
+course copyright is a kind of <quote>property,</quote> and of course, as with any

 property, the state ought to protect it. But first impressions
 notwithstanding, historically, this property right (as with all
 property rights<footnote><para>
 <!-- f36 -->
 property, the state ought to protect it. But first impressions
 notwithstanding, historically, this property right (as with all
 property rights<footnote><para>
 <!-- f36 -->

+<indexterm><primary>legal realist movement</primary></indexterm>

 It was the single most important contribution of the legal realist
 movement to demonstrate that all property rights are always crafted to
 It was the single most important contribution of the legal realist
 movement to demonstrate that all property rights are always crafted to

-balance public and private interests. See Thomas C. Grey, "The
-Disintegration of Property," in <citetitle>Nomos XXII: Property</citetitle>, J. Roland
+balance public and private interests. See Thomas C. Grey, <quote>The
+Disintegration of Property,</quote> in <citetitle>Nomos XXII: Property</citetitle>, J. Roland

 Pennock and John W.  Chapman, eds. (New York: New York University
 Press, 1980).
 </para></footnote>)
 has been crafted to balance the important need to give authors and
 artists incentives with the equally important need to assure access to
 creative work. This balance has always been struck in light of new
 Pennock and John W.  Chapman, eds. (New York: New York University
 Press, 1980).
 </para></footnote>)
 has been crafted to balance the important need to give authors and
 artists incentives with the equally important need to assure access to
 creative work. This balance has always been struck in light of new

-technologies.  And for almost half of our tradition, the "copyright"
+technologies.  And for almost half of our tradition, the <quote>copyright</quote>

 did not control <emphasis>at all</emphasis> the freedom of others to
 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>
 did not control <emphasis>at all</emphasis> the freedom of others to
 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>

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

 <para>
 We achieved that free culture because our law respected important
 <para>
 We achieved that free culture because our law respected important

-limits on the scope of the interests protected by "property." The very
-birth of "copyright" as a statutory right recognized those limits, by
+limits on the scope of the interests protected by <quote>property.</quote> The very
+birth of <quote>copyright</quote> as a statutory right recognized those limits, by

 granting copyright owners protection for a limited time only (the
 granting copyright owners protection for a limited time only (the

-story of chapter 6). The tradition of "fair use" is animated by a
-similar concern that is increasingly under strain as the costs of
-exercising any fair use right become unavoidably high (the story of
-chapter 7). Adding
+story of chapter <xref xrefstyle="select: labelnumber"
+linkend="founders"/>). The tradition of <quote>fair use</quote> is
+animated by a similar concern that is increasingly under strain as the
+costs of exercising any fair use right become unavoidably high (the
+story of chapter <xref xrefstyle="select: labelnumber"
+linkend="recorders"/>). Adding

 <!-- PAGE BREAK 184 -->
 statutory rights where markets might stifle innovation is another
 <!-- PAGE BREAK 184 -->
 statutory rights where markets might stifle innovation is another

-familiar limit on the property right that copyright is (chapter
-8). And granting archives and libraries a broad freedom to collect,
-claims of property notwithstanding, is a crucial part of guaranteeing
-the soul of a culture (chapter 9). Free cultures, like free markets,
-are built with property. But the nature of the property that builds a
-free culture is very different from the extremist vision that
-dominates the debate today.
+familiar limit on the property right that copyright is (chapter <xref
+xrefstyle="select: labelnumber" linkend="transformers"/>). And
+granting archives and libraries a broad freedom to collect, claims of
+property notwithstanding, is a crucial part of guaranteeing the soul
+of a culture (chapter <xref xrefstyle="select: labelnumber"
+linkend="collectors"/>). Free cultures, like free markets, are built
+with property. But the nature of the property that builds a free
+culture is very different from the extremist vision that dominates the
+debate today.

 </para>
 <para>
 Free culture is increasingly the casualty in this war on piracy. In
 </para>
 <para>
 Free culture is increasingly the casualty in this war on piracy. In


@@ -8435,112 +9236,110 @@ lawyer.
 <title>PUZZLES</title>
 
 <!-- PAGE BREAK 186 -->
 <title>PUZZLES</title>
 
 <!-- PAGE BREAK 186 -->

-<chapter id="chimera">
+<chapter label="11" id="chimera">

 <title>CHAPTER ELEVEN: Chimera</title>
 <title>CHAPTER ELEVEN: Chimera</title>

-<indexterm id="idxchimera" class='startofrange'>
-  <primary>chimeras</primary>
-</indexterm>
-<indexterm id="idxwells" class='startofrange'>
-  <primary>Wells, H. G.</primary>
-</indexterm>
-<indexterm id="idxtcotb" class='startofrange'>
-  <primary>&quot;Country of the Blind, The&quot; (Wells)</primary>
-</indexterm>
-
-<para>
-In a well-known short story by H. G. Wells, a mountain climber
-named Nunez trips (literally, down an ice slope) into an unknown and
-isolated valley in the Peruvian Andes.<footnote><para>
+<indexterm id='idxchimera' class='startofrange'><primary>chimeras</primary></indexterm>
+<indexterm id='idxwells' class='startofrange'><primary>Wells, H. G.</primary></indexterm>
+<indexterm id='idxtcotb' class='startofrange'><primary><quote>Country of the Blind, The</quote> (Wells)</primary></indexterm>
+
+<para>
+<emphasis role='strong'>In a well-known</emphasis> short story by
+H. G. Wells, a mountain climber named Nunez trips (literally, down an
+ice slope) into an unknown and isolated valley in the Peruvian
+Andes.<footnote><para>

 <!-- f1. -->
 <!-- f1. -->

-H. G. Wells, "The Country of the Blind" (1904, 1911). See H. G. Wells,
+H. G. Wells, <quote>The Country of the Blind</quote> (1904, 1911). See H. G. Wells,

 <citetitle>The Country of the Blind and Other Stories</citetitle>, Michael Sherborne, ed. (New
 York: Oxford University Press, 1996).
 </para></footnote>
 <citetitle>The Country of the Blind and Other Stories</citetitle>, Michael Sherborne, ed. (New
 York: Oxford University Press, 1996).
 </para></footnote>

-The valley is extraordinarily beautiful, with "sweet water, pasture,
+The valley is extraordinarily beautiful, with <quote>sweet water, pasture,

 an even climate, slopes of rich brown soil with tangles of a shrub
 an even climate, slopes of rich brown soil with tangles of a shrub

-that bore an excellent fruit." But the villagers are all blind. Nunez
-takes this as an opportunity. "In the Country of the Blind," he tells
-himself, "the One-Eyed Man is King."  So he resolves to live with the
+that bore an excellent fruit.</quote> But the villagers are all blind. Nunez
+takes this as an opportunity. <quote>In the Country of the Blind,</quote> he tells
+himself, <quote>the One-Eyed Man is King.</quote>  So he resolves to live with the

 villagers to explore life as a king.
 </para>
 <para>
 Things don't go quite as he planned. He tries to explain the idea of
 sight to the villagers. They don't understand. He tells them they are
 villagers to explore life as a king.
 </para>
 <para>
 Things don't go quite as he planned. He tries to explain the idea of
 sight to the villagers. They don't understand. He tells them they are

-"blind." They don't have the word <citetitle>blind</citetitle>. They think he's just thick.
+<quote>blind.</quote> They don't have the word <citetitle>blind</citetitle>. They think he's just thick.

 Indeed, as they increasingly notice the things he can't do (hear the
 sound of grass being stepped on, for example), they increasingly try
 Indeed, as they increasingly notice the things he can't do (hear the
 sound of grass being stepped on, for example), they increasingly try

-to control him. He, in turn, becomes increasingly frustrated. "`You
+to control him. He, in turn, becomes increasingly frustrated. <quote>`You

 don't understand,' he cried, in a voice that was meant to be great and
 resolute, and which broke. `You are blind and I can see. Leave me
 don't understand,' he cried, in a voice that was meant to be great and
 resolute, and which broke. `You are blind and I can see. Leave me

-alone!'"
+alone!'</quote>

 </para>
 <para>
 <!-- PAGE BREAK 187 -->
 The villagers don't leave him alone. Nor do they see (so to speak) the
 virtue of his special power. Not even the ultimate target of his
 </para>
 <para>
 <!-- PAGE BREAK 187 -->
 The villagers don't leave him alone. Nor do they see (so to speak) the
 virtue of his special power. Not even the ultimate target of his

-affection, a young woman who to him seems "the most beautiful thing in
-the whole of creation," understands the beauty of sight. Nunez's
-description of what he sees "seemed to her the most poetical of
+affection, a young woman who to him seems <quote>the most beautiful thing in
+the whole of creation,</quote> understands the beauty of sight. Nunez's
+description of what he sees <quote>seemed to her the most poetical of

 fancies, and she listened to his description of the stars and the
 mountains and her own sweet white-lit beauty as though it was a guilty
 fancies, and she listened to his description of the stars and the
 mountains and her own sweet white-lit beauty as though it was a guilty

-indulgence."  "She did not believe," Wells tells us, and "she could
-only half understand, but she was mysteriously delighted."
+indulgence.</quote>  <quote>She did not believe,</quote> Wells tells us, and <quote>she could
+only half understand, but she was mysteriously delighted.</quote>

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

-When Nunez announces his desire to marry his "mysteriously delighted"
-love, the father and the village object. "You see, my dear," her
-father instructs, "he's an idiot. He has delusions. He can't do
-anything right." They take Nunez to the village doctor.
+When Nunez announces his desire to marry his <quote>mysteriously delighted</quote>
+love, the father and the village object. <quote>You see, my dear,</quote> her
+father instructs, <quote>he's an idiot. He has delusions. He can't do
+anything right.</quote> They take Nunez to the village doctor.

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

-After a careful examination, the doctor gives his opinion. "His brain
-is affected," he reports.
+After a careful examination, the doctor gives his opinion. <quote>His brain
+is affected,</quote> he reports.

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

-"What affects it?" the father asks.  "Those queer things that are
-called the eyes . . . are diseased . . . in such a way as to affect
-his brain."
+<quote>What affects it?</quote> the father asks.  <quote>Those queer things that are
+called the eyes &hellip; are diseased &hellip; in such a way as to affect
+his brain.</quote>

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

-The doctor continues: "I think I may say with reasonable certainty
+The doctor continues: <quote>I think I may say with reasonable certainty

 that in order to cure him completely, all that we need to do is a
 simple and easy surgical operation&mdash;namely, to remove these
 that in order to cure him completely, all that we need to do is a
 simple and easy surgical operation&mdash;namely, to remove these

-irritant bodies [the eyes]."
+irritant bodies [the eyes].</quote>

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

-"Thank Heaven for science!" says the father to the doctor. They inform
+<quote>Thank Heaven for science!</quote> says the father to the doctor. They inform

 Nunez of this condition necessary for him to be allowed his bride.
 (You'll have to read the original to learn what happens in the end. I
 believe in free culture, but never in giving away the end of a story.)
 Nunez of this condition necessary for him to be allowed his bride.
 (You'll have to read the original to learn what happens in the end. I
 believe in free culture, but never in giving away the end of a story.)

-It sometimes happens that the eggs of twins fuse in the mother's
-womb. That fusion produces a "chimera." A chimera is a single creature
-with two sets of DNA. The DNA in the blood, for example, might be
-different from the DNA of the skin. This possibility is an underused
+</para>
+<para>
+<emphasis role='strong'>It sometimes</emphasis> happens that the eggs
+of twins fuse in the mother's womb. That fusion produces a
+<quote>chimera.</quote> A chimera is a single creature with two sets
+of DNA. The DNA in the blood, for example, might be different from the
+DNA of the skin. This possibility is an underused

 
 <!-- PAGE BREAK 188 -->
 
 <!-- PAGE BREAK 188 -->

-plot for murder mysteries. "But the DNA shows with 100 percent
+plot for murder mysteries. <quote>But the DNA shows with 100 percent

 certainty that she was not the person whose blood was at the
 certainty that she was not the person whose blood was at the

-scene. . . ."
+scene. &hellip;</quote>

 </para>
 </para>

-<indexterm startref="idxtcotb" class='endofrange'/>
-<indexterm startref="idxwells" class="endofrange"/>
+<indexterm startref='idxtcotb' class='endofrange'/>
+<indexterm startref='idxwells' class="endofrange"/>

 <para>
 Before I had read about chimeras, I would have said they were
 impossible.  A single person can't have two sets of DNA. The very idea
 of DNA is that it is the code of an individual. Yet in fact, not only
 can two individuals have the same set of DNA (identical twins), but
 one person can have two different sets of DNA (a chimera). Our
 <para>
 Before I had read about chimeras, I would have said they were
 impossible.  A single person can't have two sets of DNA. The very idea
 of DNA is that it is the code of an individual. Yet in fact, not only
 can two individuals have the same set of DNA (identical twins), but
 one person can have two different sets of DNA (a chimera). Our

-understanding of a "person" should reflect this reality.
+understanding of a <quote>person</quote> should reflect this reality.

 </para>
 <para>
 The more I work to understand the current struggle over copyright and
 culture, which I've sometimes called unfairly, and sometimes not
 </para>
 <para>
 The more I work to understand the current struggle over copyright and
 culture, which I've sometimes called unfairly, and sometimes not

-unfairly enough, "the copyright wars," the more I think we're dealing
-with a chimera. For example, in the battle over the question "What is
-p2p file sharing?" both sides have it right, and both sides have it
-wrong.  One side says, "File sharing is just like two kids taping each
+unfairly enough, <quote>the copyright wars,</quote> the more I think we're dealing
+with a chimera. For example, in the battle over the question <quote>What is
+p2p file sharing?</quote> both sides have it right, and both sides have it
+wrong.  One side says, <quote>File sharing is just like two kids taping each

 others' records&mdash;the sort of thing we've been doing for the last
 others' records&mdash;the sort of thing we've been doing for the last

-thirty years without any question at all." That's true, at least in
+thirty years without any question at all.</quote> That's true, at least in

 part. When I tell my best friend to try out a new CD that I've bought,
 but rather than just send the CD, I point him to my p2p server, that
 is, in all relevant respects, just like what every executive in every
 part. When I tell my best friend to try out a new CD that I've bought,
 but rather than just send the CD, I point him to my p2p server, that
 is, in all relevant respects, just like what every executive in every


@@ -8550,15 +9349,15 @@ recording company no doubt did as a kid: sharing music.
 But the description is also false in part. For when my p2p server is
 on a p2p network through which anyone can get access to my music, then
 sure, my friends can get access, but it stretches the meaning of
 But the description is also false in part. For when my p2p server is
 on a p2p network through which anyone can get access to my music, then
 sure, my friends can get access, but it stretches the meaning of

-"friends" beyond recognition to say "my ten thousand best friends" can
+<quote>friends</quote> beyond recognition to say <quote>my ten thousand best friends</quote> can

 get access. Whether or not sharing my music with my best friend is
 get access. Whether or not sharing my music with my best friend is

-what "we have always been allowed to do," we have not always been
-allowed to share music with "our ten thousand best friends."
+what <quote>we have always been allowed to do,</quote> we have not always been
+allowed to share music with <quote>our ten thousand best friends.</quote>

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

-Likewise, when the other side says, "File sharing is just like walking
+Likewise, when the other side says, <quote>File sharing is just like walking

 into a Tower Records and taking a CD off the shelf and walking out
 into a Tower Records and taking a CD off the shelf and walking out

-with it," that's true, at least in part. If, after Lyle Lovett
+with it,</quote> that's true, at least in part. If, after Lyle Lovett

 (finally) releases a new album, rather than buying it, I go to Kazaa
 and find a free copy to take, that is very much like stealing a copy
 from Tower.
 (finally) releases a new album, rather than buying it, I go to Kazaa
 and find a free copy to take, that is very much like stealing a copy
 from Tower.


@@ -8593,16 +9392,17 @@ that no computer is used to commit this crime. These responses might
 be extreme, but each of them has either been proposed or actually
 implemented.<footnote><para>
 <!-- f2. -->
 be extreme, but each of them has either been proposed or actually
 implemented.<footnote><para>
 <!-- f2. -->

+<indexterm><primary>ISPs (Internet service providers), user identities revealed by</primary></indexterm>

 For an excellent summary, see the report prepared by GartnerG2 and the
 Berkman Center for Internet and Society at Harvard Law School,
 For an excellent summary, see the report prepared by GartnerG2 and the
 Berkman Center for Internet and Society at Harvard Law School,

-"Copyright and Digital Media in a Post-Napster World," 27 June 2003,
+<quote>Copyright and Digital Media in a Post-Napster World,</quote> 27 June 2003,

 available at
 <ulink url="http://free-culture.cc/notes/">link
 #33</ulink>. Reps. John Conyers Jr. (D-Mich.) and Howard L. Berman
 (D-Calif.) have introduced a bill that would treat unauthorized
 on-line copying as a felony offense with punishments ranging as high
 available at
 <ulink url="http://free-culture.cc/notes/">link
 #33</ulink>. Reps. John Conyers Jr. (D-Mich.) and Howard L. Berman
 (D-Calif.) have introduced a bill that would treat unauthorized
 on-line copying as a felony offense with punishments ranging as high

-as five years imprisonment; see Jon Healey, "House Bill Aims to Up
-Stakes on Piracy," <citetitle>Los Angeles Times</citetitle>, 17 July 2003, available at
+as five years imprisonment; see Jon Healey, <quote>House Bill Aims to Up
+Stakes on Piracy,</quote> <citetitle>Los Angeles Times</citetitle>, 17 July 2003, available at

 <ulink url="http://free-culture.cc/notes/">link #34</ulink>. Civil
 penalties are currently set at $150,000 per copied song. For a recent
 (and unsuccessful) legal challenge to the RIAA's demand that an ISP
 <ulink url="http://free-culture.cc/notes/">link #34</ulink>. Civil
 penalties are currently set at $150,000 per copied song. For a recent
 (and unsuccessful) legal challenge to the RIAA's demand that an ISP


@@ -8615,19 +9415,20 @@ arsenal in its prosecution of file sharers. Settlements ranging from
 $12,000 to $17,500 for four students accused of heavy file sharing on
 university networks must have seemed a mere pittance next to the $98
 billion the RIAA could seek should the matter proceed to court. See
 $12,000 to $17,500 for four students accused of heavy file sharing on
 university networks must have seemed a mere pittance next to the $98
 billion the RIAA could seek should the matter proceed to court. See

-Elizabeth Young, "Downloading Could Lead to Fines," redandblack.com,
+Elizabeth Young, <quote>Downloading Could Lead to Fines,</quote> redandblack.com,

 August 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #35</ulink>. For an
 example of the RIAA's targeting of student file sharing, and of the
 subpoenas issued to universities to reveal student file-sharer
 August 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #35</ulink>. For an
 example of the RIAA's targeting of student file sharing, and of the
 subpoenas issued to universities to reveal student file-sharer

-identities, see James Collins, "RIAA Steps Up Bid to Force BC, MIT to
-Name Students," <citetitle>Boston Globe</citetitle>, 8 August 2003, D3, available at
+identities, see James Collins, <quote>RIAA Steps Up Bid to Force BC, MIT to
+Name Students,</quote> <citetitle>Boston Globe</citetitle>, 8 August 2003, D3, available at

 <ulink url="http://free-culture.cc/notes/">link #36</ulink>.
 <ulink url="http://free-culture.cc/notes/">link #36</ulink>.

+<indexterm><primary>Conyers, John, Jr.</primary></indexterm>

 <indexterm><primary>Berman, Howard L.</primary></indexterm>
 </para></footnote>
 
 </para>
 <indexterm><primary>Berman, Howard L.</primary></indexterm>
 </para></footnote>
 
 </para>

-<indexterm startref="idxchimera" class='endofrange'/>
+<indexterm startref='idxchimera' class='endofrange'/>

 <para>
 Alternatively, we could respond to file sharing the way many kids act
 as though we've responded. We could totally legalize it. Let there be
 <para>
 Alternatively, we could respond to file sharing the way many kids act
 as though we've responded. We could totally legalize it. Let there be


@@ -8656,7 +9457,7 @@ never had before. And in this extremism, many an opportunity for new
 innovation and new creativity will be lost.
 </para>
 <para>
 innovation and new creativity will be lost.
 </para>
 <para>

-I'm not talking about the opportunities for kids to "steal" music. My
+I'm not talking about the opportunities for kids to <quote>steal</quote> music. My

 focus instead is the commercial and cultural innovation that this war
 will also kill. We have never seen the power to innovate spread so
 broadly among our citizens, and we have just begun to see the
 focus instead is the commercial and cultural innovation that this war
 will also kill. We have never seen the power to innovate spread so
 broadly among our citizens, and we have just begun to see the


@@ -8673,12 +9474,11 @@ eMusic opposes music piracy. We are a distributor of copyrighted
 material, and we want to protect those rights.
 </para>
 <para>
 material, and we want to protect those rights.
 </para>
 <para>

-But building a technology fortress that locks in the clout of
-the major labels is by no means the only way to protect copyright
-interests, nor is it necessarily the best. It is simply too early to 
-               answer
-that question. Market forces operating naturally may very
-well produce a totally different industry model.
+But building a technology fortress that locks in the clout of the
+major labels is by no means the only way to protect copyright
+interests, nor is it necessarily the best. It is simply too early to
+answer that question. Market forces operating naturally may very well
+produce a totally different industry model.

 </para>
 <para>
 This is a critical point. The choices that industry sectors make
 </para>
 <para>
 This is a critical point. The choices that industry sectors make


@@ -8703,7 +9503,7 @@ Congressional Testimony File.  </para></footnote>
 <!-- PAGE BREAK 191 -->
 <para>
 In April 2001, eMusic.com was purchased by Vivendi Universal,
 <!-- PAGE BREAK 191 -->
 <para>
 In April 2001, eMusic.com was purchased by Vivendi Universal,

-one of "the major labels." Its position on these matters has now
+one of <quote>the major labels.</quote> Its position on these matters has now

 changed.
 <indexterm><primary>Vivendi Universal</primary></indexterm>
 </para>
 changed.
 <indexterm><primary>Vivendi Universal</primary></indexterm>
 </para>


@@ -8715,38 +9515,37 @@ and will kill opportunities that could be extraordinarily valuable.
 
 <!-- PAGE BREAK 192 -->
 </chapter>
 
 <!-- PAGE BREAK 192 -->
 </chapter>

-<chapter id="harms">
+<chapter label="12" id="harms">

 <title>CHAPTER TWELVE: Harms</title>
 <para>
 <title>CHAPTER TWELVE: Harms</title>
 <para>

-
-To fight "piracy," to protect "property," the content industry has
-launched a war. Lobbying and lots of campaign contributions have
-now brought the government into this war. As with any war, this one
-will have both direct and collateral damage. As with any war of 
-               prohibition,
-these damages will be suffered most by our own people.
+<emphasis role='strong'>To fight</emphasis> <quote>piracy,</quote> to
+protect <quote>property,</quote> the content industry has launched a
+war. Lobbying and lots of campaign contributions have now brought the
+government into this war. As with any war, this one will have both
+direct and collateral damage. As with any war of prohibition, these
+damages will be suffered most by our own people.

 </para>
 <para>
 My aim so far has been to describe the consequences of this war, in
 </para>
 <para>
 My aim so far has been to describe the consequences of this war, in

-particular, the consequences for "free culture." But my aim now is to 
-               extend
-this description of consequences into an argument. Is this war 
-               justified?
+particular, the consequences for <quote>free culture.</quote> But my aim now is to
+extend this description of consequences into an argument. Is this war
+justified?

 </para>
 <para>
 In my view, it is not. There is no good reason why this time, for the
 first time, the law should defend the old against the new, just when the
 </para>
 <para>
 In my view, it is not. There is no good reason why this time, for the
 first time, the law should defend the old against the new, just when the

-power of the property called "intellectual property" is at its greatest in
+power of the property called <quote>intellectual property</quote> is at its greatest in

 our history.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 <para>
 our history.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 <para>

-Yet "common sense" does not see it this way. Common sense is still on
+Yet <quote>common sense</quote> does not see it this way. Common sense is still on

 the side of the Causbys and the content industry. The extreme claims
 of control in the name of property still resonate; the uncritical
 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 "piracy" still has play.
+rejection of <quote>piracy</quote> still has play.

 </para>
 </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


@@ -8773,11 +9572,11 @@ weave together a string&mdash;a mash-up&mdash; of songs from your
 favorite artists in a collage and make it available on the Net.
 </para>
 <para>
 favorite artists in a collage and make it available on the Net.
 </para>
 <para>

-This digital "capturing and sharing" is in part an extension of the
+This digital <quote>capturing and sharing</quote> is in part an extension of the

 capturing and sharing that has always been integral to our culture,
 and in part it is something new. It is continuous with the Kodak, but
 it explodes the boundaries of Kodak-like technologies. The technology
 capturing and sharing that has always been integral to our culture,
 and in part it is something new. It is continuous with the Kodak, but
 it explodes the boundaries of Kodak-like technologies. The technology

-of digital "capturing and sharing" promises a world of extraordinarily
+of digital <quote>capturing and sharing</quote> promises a world of extraordinarily

 diverse creativity that can be easily and broadly shared. And as that
 creativity is applied to democracy, it will enable a broad range of
 citizens to use technology to express and criticize and contribute to
 diverse creativity that can be easily and broadly shared. And as that
 creativity is applied to democracy, it will enable a broad range of
 citizens to use technology to express and criticize and contribute to


@@ -8804,23 +9603,29 @@ on remote topics of science or culture. There is a vast amount of creative
 work spread across the Internet. But as the law is currently crafted, this
 work is presumptively illegal.
 </para>
 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>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>
+<indexterm><primary>Jordan, Jesse</primary></indexterm>

 <para>
 That presumption will increasingly chill creativity, as the
 examples of extreme penalties for vague infringements continue to
 proliferate. It is impossible to get a clear sense of what's allowed
 and what's not, and at the same time, the penalties for crossing the
 line are astonishingly harsh.  The four students who were threatened
 <para>
 That presumption will increasingly chill creativity, as the
 examples of extreme penalties for vague infringements continue to
 proliferate. It is impossible to get a clear sense of what's allowed
 and what's not, and at the same time, the penalties for crossing the
 line are astonishingly harsh.  The four students who were threatened

-by the RIAA ( Jesse Jordan of chapter 3 was just one) were threatened
-with a $98 billion lawsuit for building search engines that permitted
-songs to be copied. Yet World-Com&mdash;which defrauded investors of
-$11 billion, resulting in a loss to investors in market capitalization
-of over $200 billion&mdash;received a fine of a mere $750
+by the RIAA (Jesse Jordan of chapter <xref xrefstyle="select:
+labelnumber" linkend="catalogs"/> was just one) were threatened with a
+$98 billion lawsuit for building search engines that permitted songs
+to be copied. Yet World-Com&mdash;which defrauded investors of $11
+billion, resulting in a loss to investors in market capitalization of
+over $200 billion&mdash;received a fine of a mere $750

 million.<footnote><para>
 <!-- f1. -->
 See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at WorldCom</citetitle>
 (Hoboken, N.J.: John Wiley &amp; Sons, 2003), 176, 204; for details of
 million.<footnote><para>
 <!-- f1. -->
 See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at WorldCom</citetitle>
 (Hoboken, N.J.: John Wiley &amp; Sons, 2003), 176, 204; for details of

-the settlement, see MCI press release, "MCI Wins U.S. District Court
-Approval for SEC Settlement" (7 July 2003), available at
+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>
 </para></footnote>
 <ulink url="http://free-culture.cc/notes/">link #37</ulink>.
 <indexterm><primary>Worldcom</primary></indexterm>
 </para></footnote>


@@ -8831,10 +9636,10 @@ suffering.<footnote>
 <para>
 <!-- f2. --> The bill, modeled after California's tort reform model, was passed in the
 House of Representatives but defeated in a Senate vote in July 2003. For
 <para>
 <!-- f2. --> The bill, modeled after California's tort reform model, was passed in the
 House of Representatives but defeated in a Senate vote in July 2003. For

-an overview, see Tanya Albert, "Measure Stalls in Senate: `We'll Be Back,'
-Say Tort Reformers," amednews.com, 28 July 2003, available at 
+an overview, see Tanya Albert, <quote>Measure Stalls in Senate: `We'll Be Back,'
+Say Tort Reformers,</quote> amednews.com, 28 July 2003, available at 

 <ulink url="http://free-culture.cc/notes/">link #38</ulink>,
 <ulink url="http://free-culture.cc/notes/">link #38</ulink>,

-and "Senate Turns Back Malpractice Caps," CBSNews.com, 9 July 2003,
+and <quote>Senate Turns Back Malpractice Caps,</quote> CBSNews.com, 9 July 2003,

 available at 
 <ulink url="http://free-culture.cc/notes/">link #39</ulink>. President Bush has continued to urge tort reform in
 recent months.
 available at 
 <ulink url="http://free-culture.cc/notes/">link #39</ulink>. President Bush has continued to urge tort reform in
 recent months.


@@ -8843,14 +9648,14 @@ recent months.
 Can common sense recognize the absurdity in a world where
 the maximum fine for downloading two songs off the Internet is more
 than the fine for a doctor's negligently butchering a patient?
 Can common sense recognize the absurdity in a world where
 the maximum fine for downloading two songs off the Internet is more
 than the fine for a doctor's negligently butchering a patient?

-<indexterm><primary>Worldcom</primary></indexterm>

 </para>
 </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
 either never be exercised, or never be exercised in the open. We drive
 this creative process underground by branding the modern-day Walt
 <para>
 The consequence of this legal uncertainty, tied to these extremely
 high penalties, is that an extraordinary amount of creativity will
 either never be exercised, or never be exercised in the open. We drive
 this creative process underground by branding the modern-day Walt

-Disneys "pirates." We make it impossible for businesses to rely upon a
+Disneys <quote>pirates.</quote> We make it impossible for businesses to rely upon a

 public domain, because the boundaries of the public domain are
 designed to
 
 public domain, because the boundaries of the public domain are
 designed to
 


@@ -8861,22 +9666,24 @@ was the case in the Soviet Union, though for very different reasons,
 we will begin to see a world of underground art&mdash;not because the
 message is necessarily political, or because the subject is
 controversial, but because the very act of creating the art is legally
 we will begin to see a world of underground art&mdash;not because the
 message is necessarily political, or because the subject is
 controversial, but because the very act of creating the art is legally

-fraught. Already, exhibits of "illegal art" tour the United
+fraught. Already, exhibits of <quote>illegal art</quote> tour the United

 States.<footnote><para>
 <!-- f3. -->
 
 States.<footnote><para>
 <!-- f3. -->
 

-See Danit Lidor, "Artists Just Wanna Be Free," <citetitle>Wired</citetitle>, 7 July
+See Danit Lidor, <quote>Artists Just Wanna Be Free,</quote> <citetitle>Wired</citetitle>, 7 July

 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #40</ulink>. For an overview of the exhibition, see 
 <ulink url="http://free-culture.cc/notes/">link #41</ulink>.
 </para></footnote>
 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #40</ulink>. For an overview of the exhibition, see 
 <ulink url="http://free-culture.cc/notes/">link #41</ulink>.
 </para></footnote>

- In what does their "illegality" consist?
+ In what does their <quote>illegality</quote> consist?

 In the act of mixing the culture around us with an expression that is
 critical or reflective.
 </para>
 In the act of mixing the culture around us with an expression that is
 critical or reflective.
 </para>

+<indexterm><primary>ISPs (Internet service providers), user identities revealed by</primary></indexterm>

 <para>
 Part of the reason for this fear of illegality has to do with the
 <para>
 Part of the reason for this fear of illegality has to do with the

-changing law. I described that change in detail in chapter 10. But an
+changing law. I described that change in detail in chapter
+<xref xrefstyle="select: labelnumber" linkend="property-i"/>. But an

 even bigger part has to do with the increasing ease with which
 infractions can be tracked. As users of file-sharing systems
 discovered in 2002, it is a trivial matter for copyright owners to get
 even bigger part has to do with the increasing ease with which
 infractions can be tracked. As users of file-sharing systems
 discovered in 2002, it is a trivial matter for copyright owners to get


@@ -8885,6 +9692,7 @@ content. It is as if your cassette tape player transmitted a list of
 the songs that you played in the privacy of your own home that anyone
 could tune into for whatever reason they chose.
 </para>
 the songs that you played in the privacy of your own home that anyone
 could tune into for whatever reason they chose.
 </para>

+<indexterm><primary>images, ownership of</primary></indexterm>

 <para>
 Never in our history has a painter had to worry about whether
 his painting infringed on someone else's work; but the modern-day
 <para>
 Never in our history has a painter had to worry about whether
 his painting infringed on someone else's work; but the modern-day


@@ -8898,10 +9706,12 @@ right to cultivate and transform them is not similarly free.
 </para>
 <para>
 Lawyers rarely see this because lawyers are rarely empirical. As I
 </para>
 <para>
 Lawyers rarely see this because lawyers are rarely empirical. As I

-described in chapter 7, in response to the story about documentary
-filmmaker Jon Else, I have been lectured again and again by lawyers
-who insist Else's use was fair use, and hence I am wrong to say that the
-law regulates such a use.
+described in chapter
+<xref xrefstyle="select: labelnumber" linkend="recorders"/>, in
+response to the story about documentary filmmaker Jon Else, I have
+been lectured again and again by lawyers who insist Else's use was
+fair use, and hence I am wrong to say that the law regulates such a
+use.

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


@@ -8917,13 +9727,13 @@ tradition that prides itself on the rule of law.
 </para>
 <para>
 Judges and lawyers can tell themselves that fair use provides adequate
 </para>
 <para>
 Judges and lawyers can tell themselves that fair use provides adequate

-"breathing room" between regulation by the law and the access the law
+<quote>breathing room</quote> between regulation by the law and the access the law

 should allow. But it is a measure of how out of touch our legal system
 has become that anyone actually believes this. The rules that
 publishers impose upon writers, the rules that film distributors
 impose upon filmmakers, the rules that newspapers impose upon
 journalists&mdash; these are the real laws governing creativity. And
 should allow. But it is a measure of how out of touch our legal system
 has become that anyone actually believes this. The rules that
 publishers impose upon writers, the rules that film distributors
 impose upon filmmakers, the rules that newspapers impose upon
 journalists&mdash; these are the real laws governing creativity. And

-these rules have little relationship to the "law" with which judges
+these rules have little relationship to the <quote>law</quote> with which judges

 comfort themselves.
 </para>
 <para>
 comfort themselves.
 </para>
 <para>


@@ -8933,7 +9743,7 @@ dollars to even defend against a copyright infringement claim, and
 which would never return to the wrongfully accused defendant anything
 of the costs she suffered to defend her right to speak&mdash;in that
 world, the astonishingly broad regulations that pass under the name
 which would never return to the wrongfully accused defendant anything
 of the costs she suffered to defend her right to speak&mdash;in that
 world, the astonishingly broad regulations that pass under the name

-"copyright" silence speech and creativity. And in that world, it takes
+<quote>copyright</quote> silence speech and creativity. And in that world, it takes

 a studied blindness for people to continue to believe they live in a
 culture that is free.
 </para>
 a studied blindness for people to continue to believe they live in a
 culture that is free.
 </para>


@@ -8945,17 +9755,20 @@ As Jed Horovitz, the businessman behind Video Pipeline, said to me,
 We're losing [creative] opportunities right and left. Creative people
 are being forced not to express themselves. Thoughts are not being
 expressed. And while a lot of stuff may [still] be created, it still
 We're losing [creative] opportunities right and left. Creative people
 are being forced not to express themselves. Thoughts are not being
 expressed. And while a lot of stuff may [still] be created, it still

-won't get distributed. Even if the stuff gets made . . . you're not
+won't get distributed. Even if the stuff gets made &hellip; you're not

 going to get it distributed in the mainstream media unless
 <!-- PAGE BREAK 197 -->
 going to get it distributed in the mainstream media unless
 <!-- PAGE BREAK 197 -->

-you've got a little note from a lawyer saying, "This has been
-cleared." You're not even going to get it on PBS without that kind of
+you've got a little note from a lawyer saying, <quote>This has been
+cleared.</quote> You're not even going to get it on PBS without that kind of

 permission. That's the point at which they control it.
 </para>
 </blockquote>
 </section>
 <section id="innovators">
 <title>Constraining Innovators</title>
 permission. That's the point at which they control it.
 </para>
 </blockquote>
 </section>
 <section id="innovators">
 <title>Constraining Innovators</title>

+<indexterm id='idxcopyrightlawinnovationhamperedby' class='startofrange'><primary>copyright law</primary><secondary>innovation hampered by</secondary></indexterm>
+<indexterm id='idxinnovationindustryestablishmentopposedto2' class='startofrange'><primary>innovation</primary><secondary>industry establishment opposed to</secondary></indexterm>
+<indexterm id='idxregulationasestablishmentprotectionism2' class='startofrange'><primary>regulation</primary><secondary>as establishment protectionism</secondary></indexterm>

 <para>
 The story of the last section was a crunchy-lefty
 story&mdash;creativity quashed, artists who can't speak, yada yada
 <para>
 The story of the last section was a crunchy-lefty
 story&mdash;creativity quashed, artists who can't speak, yada yada


@@ -8964,14 +9777,17 @@ weird art out there, and enough expression that is critical of what
 seems to be just about everything.  And if you think that, you might
 think there's little in this story to worry you.
 </para>
 seems to be just about everything.  And if you think that, you might
 think there's little in this story to worry you.
 </para>

+<indexterm id='idxmarketconstraints2' class='startofrange'><primary>market constraints</primary></indexterm>

 <para>
 But there's an aspect of this story that is not lefty in any sense.
 Indeed, it is an aspect that could be written by the most extreme
 promarket ideologue. And if you're one of these sorts (and a special
 <para>
 But there's an aspect of this story that is not lefty in any sense.
 Indeed, it is an aspect that could be written by the most extreme
 promarket ideologue. And if you're one of these sorts (and a special

-one at that, 188 pages into a book like this), then you can see this
-other aspect by substituting "free market" every place I've spoken of
-"free culture."  The point is the same, even if the interests
-affecting culture are more fundamental.
+one at that, <xref xrefstyle="select: pagenumber"
+linkend="innovators"/> pages into a book like this), then you
+can see this other aspect by substituting <quote>free market</quote>
+every place I've spoken of <quote>free culture.</quote> The point is
+the same, even if the interests affecting culture are more
+fundamental.

 </para>
 <para>
 The charge I've been making about the regulation of culture is the
 </para>
 <para>
 The charge I've been making about the regulation of culture is the


@@ -8986,24 +9802,32 @@ perspectives are constantly attuned to the ways in which regulation
 simply enables the powerful industries of today to protect themselves
 against the competitors of tomorrow.
 </para>
 simply enables the powerful industries of today to protect themselves
 against the competitors of tomorrow.
 </para>

+<indexterm startref='idxmarketconstraints2' class='endofrange'/>

 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>

+<indexterm><primary>venture capitalists</primary></indexterm>

 <para>
 This is the single most dramatic effect of the shift in regulatory
 <!-- PAGE BREAK 198 -->
 <para>
 This is the single most dramatic effect of the shift in regulatory
 <!-- PAGE BREAK 198 -->

-strategy that I described in chapter 10. The consequence of this
-massive threat of liability tied to the murky boundaries of copyright
-law is that innovators who want to innovate in this space can safely
-innovate only if they have the sign-off from last generation's
-dominant industries.  That lesson has been taught through a series of
-cases that were designed and executed to teach venture capitalists a
+strategy that I described in chapter <xref xrefstyle="select:
+labelnumber" linkend="property-i"/>. The consequence of this massive
+threat of liability tied to the murky boundaries of copyright law is
+that innovators who want to innovate in this space can safely innovate
+only if they have the sign-off from last generation's dominant
+industries.  That lesson has been taught through a series of cases
+that were designed and executed to teach venture capitalists a

 lesson. That lesson&mdash;what former Napster CEO Hank Barry calls a
 lesson. That lesson&mdash;what former Napster CEO Hank Barry calls a

-"nuclear pall" that has fallen over the Valley&mdash;has been learned.
+<quote>nuclear pall</quote> that has fallen over the Valley&mdash;has been learned.

 </para>
 </para>

+<indexterm><primary>Future of Ideas, The (Lessig)</primary></indexterm>
+<indexterm><primary>Lessig, Lawrence</primary></indexterm>

 <para>
 Consider one example to make the point, a story whose beginning
 I told in <citetitle>The Future of Ideas</citetitle> and which has progressed in a way that
 even I (pessimist extraordinaire) would never have predicted.
 </para>
 <para>
 Consider one example to make the point, a story whose beginning
 I told in <citetitle>The Future of Ideas</citetitle> and which has progressed in a way that
 even I (pessimist extraordinaire) would never have predicted.
 </para>

+<indexterm id='idxmpcom' class='startofrange'><primary>MP3.com</primary></indexterm>
+<indexterm id='idxmympcom' class='startofrange'><primary>my.mp3.com</primary></indexterm>
+<indexterm><primary>Roberts, Michael</primary></indexterm>

 <para>
 In 1997, Michael Roberts launched a company called MP3.com.  MP3.com
 was keen to remake the music business. Their goal was not just to
 <para>
 In 1997, Michael Roberts launched a company called MP3.com.  MP3.com
 was keen to remake the music business. Their goal was not just to


@@ -9012,13 +9836,14 @@ facilitate new ways to create content. Unlike the major labels,
 MP3.com offered creators a venue to distribute their creativity,
 without demanding an exclusive engagement from the creators.
 </para>
 MP3.com offered creators a venue to distribute their creativity,
 without demanding an exclusive engagement from the creators.
 </para>

+<indexterm><primary>Lovett, Lyle</primary></indexterm>
+<indexterm id='idxcdsprefdata' class='startofrange'><primary>CDs</primary><secondary>preference data on</secondary></indexterm>

 <para>
 To make this system work, however, MP3.com needed a reliable way to
 recommend music to its users. The idea behind this alternative was to
 leverage the revealed preferences of music listeners to recommend new
 artists. If you like Lyle Lovett, you're likely to enjoy Bonnie
 Raitt. And so on.
 <para>
 To make this system work, however, MP3.com needed a reliable way to
 recommend music to its users. The idea behind this alternative was to
 leverage the revealed preferences of music listeners to recommend new
 artists. If you like Lyle Lovett, you're likely to enjoy Bonnie
 Raitt. And so on.

-<indexterm><primary>Lovett, Lyle</primary></indexterm>

 </para>
 <para>
 This idea required a simple way to gather data about user preferences.
 </para>
 <para>
 This idea required a simple way to gather data about user preferences.


@@ -9041,6 +9866,7 @@ my.mp3.com service was to give users access to their own content, and
 as a by-product, by seeing the content they already owned, to discover
 the kind of content the users liked.
 </para>
 as a by-product, by seeing the content they already owned, to discover
 the kind of content the users liked.
 </para>

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

 <para>
 To make this system function, however, MP3.com needed to copy 50,000
 CDs to a server. (In principle, it could have been the user who
 <para>
 To make this system function, however, MP3.com needed to copy 50,000
 CDs to a server. (In principle, it could have been the user who


@@ -9053,9 +9879,13 @@ had a copy of the CD they wanted to access. So while this was 50,000
 copies, it was 50,000 copies directed at giving customers something
 they had already bought.
 </para>
 copies, it was 50,000 copies directed at giving customers something
 they had already bought.
 </para>

-<indexterm id="idxvivendiuniversal" class='startofrange'>
-  <primary>Vivendi Universal</primary>
-</indexterm>
+<indexterm id='idxvivendiuniversal' class='startofrange'><primary>Vivendi Universal</primary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>distribution technology targeted in</secondary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitsinrecordingindustry3' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>in recording industry</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>copyright infringement lawsuits of</secondary></indexterm>
+<indexterm><primary>Recording Industry Association of America (RIAA)</primary><secondary>copyright infringement lawsuits filed by</secondary></indexterm>
+<indexterm><primary>regulation</primary><secondary>outsize penalties of</secondary></indexterm>

 <para>
 Nine days after MP3.com launched its service, the five major labels,
 headed by the RIAA, brought a lawsuit against MP3.com. MP3.com settled
 <para>
 Nine days after MP3.com launched its service, the five major labels,
 headed by the RIAA, brought a lawsuit against MP3.com. MP3.com settled


@@ -9079,6 +9909,7 @@ illegal; therefore, this lawsuit sought to punish any lawyer who had
 dared to suggest that the law was less restrictive than the labels
 demanded.
 </para>
 dared to suggest that the law was less restrictive than the labels
 demanded.
 </para>

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

 <para>
 The clear purpose of this lawsuit (which was settled for an
 unspecified amount shortly after the story was no longer covered in
 <para>
 The clear purpose of this lawsuit (which was settled for an
 unspecified amount shortly after the story was no longer covered in


@@ -9090,22 +9921,35 @@ industry directs its guns against them. It is also you. So those of
 you who believe the law should be less restrictive should realize that
 such a view of the law will cost you and your firm dearly.
 </para>
 you who believe the law should be less restrictive should realize that
 such a view of the law will cost you and your firm dearly.
 </para>

-<indexterm startref="idxvivendiuniversal" class='endofrange'/>
+<indexterm startref='idxmpcom' class='endofrange'/>
+<indexterm startref='idxmympcom' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsinrecordingindustry3' class='endofrange'/>
+<indexterm><primary>Barry, Hank</primary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>distribution technology targeted in</secondary></indexterm>
+<indexterm id='idxbmw' class='startofrange'><primary>BMW</primary></indexterm>
+<indexterm id='idxcarsmpsoundsystemsin' class='startofrange'><primary>cars, MP3 sound systems in</primary></indexterm>
+<indexterm><primary>EMI</primary></indexterm>

 <indexterm><primary>Hummer, John</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Hummer, John</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>

+<indexterm><primary>Hummer Winblad</primary></indexterm>
+<indexterm><primary>MP3 players</primary></indexterm>
+<indexterm><primary>Napster</primary><secondary>venture capital for</secondary></indexterm>
+<indexterm id='idxneedlemanrafe' class='startofrange'><primary>Needleman, Rafe</primary></indexterm>
+<indexterm><primary>Universal Music Group</primary></indexterm>
+<indexterm><primary>venture capitalists</primary></indexterm>

 <para>
 This strategy is not just limited to the lawyers. In April 2003,
 Universal and EMI brought a lawsuit against Hummer Winblad, the
 venture capital firm (VC) that had funded Napster at a certain stage of
 <para>
 This strategy is not just limited to the lawyers. In April 2003,
 Universal and EMI brought a lawsuit against Hummer Winblad, the
 venture capital firm (VC) that had funded Napster at a certain stage of

-its development, its cofounder ( John Hummer), and general partner
+its development, its cofounder (John Hummer), and general partner

 (Hank Barry).<footnote><para>
 <!-- f4. -->
 (Hank Barry).<footnote><para>
 <!-- f4. -->

-See Joseph Menn, "Universal, EMI Sue Napster Investor," <citetitle>Los Angeles
+See Joseph Menn, <quote>Universal, EMI Sue Napster Investor,</quote> <citetitle>Los Angeles

 Times</citetitle>, 23 April 2003. For a parallel argument about the effects on
 Times</citetitle>, 23 April 2003. For a parallel argument about the effects on

-innovation in the distribution of music, see Janelle Brown, "The Music
-Revolution Will Not Be Digitized," Salon.com, 1 June 2001, available
+innovation in the distribution of music, see Janelle Brown, <quote>The Music
+Revolution Will Not Be Digitized,</quote> Salon.com, 1 June 2001, available

 at <ulink url="http://free-culture.cc/notes/">link #42</ulink>.
 at <ulink url="http://free-culture.cc/notes/">link #42</ulink>.

-See also Jon Healey, "Online Music Services Besieged," <citetitle>Los Angeles
+See also Jon Healey, <quote>Online Music Services Besieged,</quote> <citetitle>Los Angeles

 Times</citetitle>, 28 May 2001.
 </para></footnote>
 The claim here, as well, was that the VC should have recognized the
 Times</citetitle>, 28 May 2001.
 </para></footnote>
 The claim here, as well, was that the VC should have recognized the


@@ -9117,11 +9961,11 @@ company whose business is not approved of by the dinosaurs, you are at
 risk not just in the marketplace, but in the courtroom as well.  Your
 investment buys you not only a company, it also buys you a lawsuit.
 So extreme has the environment become that even car manufacturers are
 risk not just in the marketplace, but in the courtroom as well.  Your
 investment buys you not only a company, it also buys you a lawsuit.
 So extreme has the environment become that even car manufacturers are

-afraid of technologies that touch content. In an article in <citetitle>Business
-2.0</citetitle>, Rafe Needleman describes a discussion with BMW:
+afraid of technologies that touch content. In an article in
+<citetitle>Business 2.0</citetitle>, Rafe Needleman describes a
+discussion with BMW:

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

-<indexterm><primary>BMW</primary></indexterm>

 <para>
 I asked why, with all the storage capacity and computer power in
 the car, there was no way to play MP3 files. I was told that BMW
 <para>
 I asked why, with all the storage capacity and computer power in
 the car, there was no way to play MP3 files. I was told that BMW


@@ -9129,10 +9973,10 @@ engineers in Germany had rigged a new vehicle to play MP3s via
 the car's built-in sound system, but that the company's marketing
 and legal departments weren't comfortable with pushing this 
 forward for release stateside. Even today, no new cars are sold in the
 the car's built-in sound system, but that the company's marketing
 and legal departments weren't comfortable with pushing this 
 forward for release stateside. Even today, no new cars are sold in the

-United States with bona fide MP3 players. . . . <footnote>
+United States with bona fide MP3 players. &hellip; <footnote>

 <para>
 <!-- f5. -->
 <para>
 <!-- f5. -->

-Rafe Needleman, "Driving in Cars with MP3s," <citetitle>Business 2.0</citetitle>, 16 June
+Rafe Needleman, <quote>Driving in Cars with MP3s,</quote> <citetitle>Business 2.0</citetitle>, 16 June

 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #43</ulink>. I am grateful
 to Dr. Mohammad Al-Ubaydli for this example.
 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #43</ulink>. I am grateful
 to Dr. Mohammad Al-Ubaydli for this example.


@@ -9140,9 +9984,12 @@ to Dr. Mohammad Al-Ubaydli for this example.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxbmw' class='endofrange'/>
+<indexterm startref='idxcarsmpsoundsystemsin' class='endofrange'/>
+<indexterm startref='idxneedlemanrafe' class='endofrange'/>

 <para>
 <para>

-This is the world of the mafia&mdash;filled with "your money or your
-life" offers, governed in the end not by courts but by the threats
+This is the world of the mafia&mdash;filled with <quote>your money or your
+life</quote> offers, governed in the end not by courts but by the threats

 that the law empowers copyright holders to exercise. It is a system
 that will obviously and necessarily stifle new innovation. It is hard
 enough to start a company. It is impossibly hard if that company is
 that the law empowers copyright holders to exercise. It is a system
 that will obviously and necessarily stifle new innovation. It is hard
 enough to start a company. It is impossibly hard if that company is


@@ -9152,22 +9999,22 @@ constantly threatened by litigation.
 
 <!-- PAGE BREAK 201 -->
 The point is not that businesses should have a right to start illegal
 
 <!-- PAGE BREAK 201 -->
 The point is not that businesses should have a right to start illegal

-enterprises. The point is the definition of "illegal." The law is a mess of
-uncertainty. We have no good way to know how it should apply to new
-technologies. Yet by reversing our tradition of judicial deference, and
-by embracing the astonishingly high penalties that copyright law 
-               imposes,
-that uncertainty now yields a reality which is far more 
-               conservative
-than is right. If the law imposed the death penalty for parking
-tickets, we'd not only have fewer parking tickets, we'd also have much
-less driving. The same principle applies to innovation. If innovation is
-constantly checked by this uncertain and unlimited liability, we will
-have much less vibrant innovation and much less creativity.
-</para>
+enterprises. The point is the definition of <quote>illegal.</quote> The law is a
+mess of uncertainty. We have no good way to know how it should apply
+to new technologies. Yet by reversing our tradition of judicial
+deference, and by embracing the astonishingly high penalties that
+copyright law imposes, that uncertainty now yields a reality which is
+far more conservative than is right. If the law imposed the death
+penalty for parking tickets, we'd not only have fewer parking tickets,
+we'd also have much less driving. The same principle applies to
+innovation. If innovation is constantly checked by this uncertain and
+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
 <para>
 The point is directly parallel to the crunchy-lefty point about fair

-use. Whatever the "real" law is, realism about the effect of law in
+use. Whatever the <quote>real</quote> law is, realism about the effect of law in

 both contexts is the same. This wildly punitive system of regulation
 will systematically stifle creativity and innovation. It will protect
 some industries and some creators, but it will harm industry and
 both contexts is the same. This wildly punitive system of regulation
 will systematically stifle creativity and innovation. It will protect
 some industries and some creators, but it will harm industry and


@@ -9175,7 +10022,7 @@ creativity generally. Free market and free culture depend upon vibrant
 competition.  Yet the effect of the law today is to stifle just this
 kind of competition.  The effect is to produce an overregulated
 culture, just as the effect of too much control in the market is to
 competition.  Yet the effect of the law today is to stifle just this
 kind of competition.  The effect is to produce an overregulated
 culture, just as the effect of too much control in the market is to

-produce an overregulatedregulated market.
+produce an overregulated-regulated market.

 </para>
 <para>
 The building of a permission culture, rather than a free culture, is
 </para>
 <para>
 The building of a permission culture, rather than a free culture, is


@@ -9194,73 +10041,74 @@ do everything it can to limit the reach of the
 law where the law is not doing any good. The transaction costs buried
 within a permission culture are enough to bury a wide range of
 creativity.  Someone needs to do a lot of justifying to justify that
 law where the law is not doing any good. The transaction costs buried
 within a permission culture are enough to bury a wide range of
 creativity.  Someone needs to do a lot of justifying to justify that

-result.  The uncertainty of the law is one burden on innovation. There
-is a second burden that operates more directly. This is the effort by
-many in the content industry to use the law to directly regulate the
-technology of the Internet so that it better protects their content.
+result.
+</para>
+<para>
+<emphasis role='strong'>The uncertainty</emphasis> of the law is one
+burden on innovation. There is a second burden that operates more
+directly. This is the effort by many in the content industry to use
+the law to directly regulate the technology of the Internet so that it
+better protects their content.

 </para>
 <para>
 The motivation for this response is obvious. The Internet enables the
 efficient spread of content. That efficiency is a feature of the
 Internet's design. But from the perspective of the content industry,
 </para>
 <para>
 The motivation for this response is obvious. The Internet enables the
 efficient spread of content. That efficiency is a feature of the
 Internet's design. But from the perspective of the content industry,

-this feature is a "bug." The efficient spread of content means that
+this feature is a <quote>bug.</quote> The efficient spread of content means that

 content distributors have a harder time controlling the distribution
 of content.  One obvious response to this efficiency is thus to make
 content distributors have a harder time controlling the distribution
 of content.  One obvious response to this efficiency is thus to make

-the Internet less efficient. If the Internet enables "piracy," then,
+the Internet less efficient. If the Internet enables <quote>piracy,</quote> then,

 this response says, we should break the kneecaps of the Internet.
 </para>
 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
 would require computers to determine whether the content they access
 is protected or not, and to disable the spread of protected content.<footnote><para>
 <para>
 The examples of this form of legislation are many. At the urging of
 the content industry, some in Congress have threatened legislation that
 would require computers to determine whether the content they access
 is protected or not, and to disable the spread of protected content.<footnote><para>

-<!-- f6. --> "Copyright and Digital Media in a Post-Napster World," GartnerG2 and
+<!-- f6. --> <quote>Copyright and Digital Media in a Post-Napster World,</quote> GartnerG2 and

 the Berkman Center for Internet and Society at Harvard Law School
 (2003), 33&ndash;35, available at 
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.
 </para></footnote>
 the Berkman Center for Internet and Society at Harvard Law School
 (2003), 33&ndash;35, available at 
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.
 </para></footnote>

- 
-               Congress
-has already launched proceedings to explore a mandatory 
-               "broadcast
-flag" that would be required on any device capable of transmitting
-digital video (i.e., a computer), and that would disable the copying of
-any content that is marked with a broadcast flag. Other members of
-Congress have proposed immunizing content providers from liability
-for technology they might deploy that would hunt down copyright 
-               violators
-and disable their machines.<footnote><para>
-<!-- f7. --> GartnerG2, 26&ndash;27.
+Congress has already launched proceedings to explore a mandatory
+<quote>broadcast flag</quote> that would be required on any device capable of
+transmitting digital video (i.e., a computer), and that would disable
+the copying of any content that is marked with a broadcast flag. Other
+members of Congress have proposed immunizing content providers from
+liability for technology they might deploy that would hunt down
+copyright violators and disable their machines.<footnote><para>
+<!-- f7. -->
+GartnerG2, 26&ndash;27.

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

-

 </para>
 <para>
 In one sense, these solutions seem sensible. If the problem is the
 </para>
 <para>
 In one sense, these solutions seem sensible. If the problem is the

-code, why not regulate the code to remove the problem. But any 
-               regulation
-of technical infrastructure will always be tuned to the particular
-technology of the day. It will impose significant burdens and costs on
-
+code, why not regulate the code to remove the problem. But any
+regulation of technical infrastructure will always be tuned to the
+particular technology of the day. It will impose significant burdens
+and costs on

 <!-- PAGE BREAK 203 -->
 the technology, but will likely be eclipsed by advances around exactly
 those requirements.
 </para>
 <!-- PAGE BREAK 203 -->
 the technology, but will likely be eclipsed by advances around exactly
 those requirements.
 </para>

+<indexterm><primary>Intel</primary></indexterm>

 <para>
 In March 2002, a broad coalition of technology companies, led by
 <para>
 In March 2002, a broad coalition of technology companies, led by

-Intel, tried to get Congress to see the harm that such legislation would
-impose.<footnote><para>
-<!-- f8. --> See David McGuire, "Tech Execs Square Off Over Piracy," Newsbytes,
+Intel, tried to get Congress to see the harm that such legislation
+would impose.<footnote><para>
+<!-- f8. -->
+See David McGuire, <quote>Tech Execs Square Off Over Piracy,</quote> Newsbytes,

 February 2002 (Entertainment).
 </para></footnote>
 February 2002 (Entertainment).
 </para></footnote>

- Their argument was obviously not that copyright should not
-be protected. Instead, they argued, any protection should not do more
+Their argument was obviously not that copyright should not be
+protected. Instead, they argued, any protection should not do more

 harm than good.
 </para>
 <para>
 harm than good.
 </para>
 <para>

-There is one more obvious way in which this war has harmed 
-               innovation&mdash;again,
-a story that will be quite familiar to the free market
-crowd.
+<emphasis role='strong'>There is one</emphasis> more obvious way in
+which this war has harmed innovation&mdash;again, a story that will be
+quite familiar to the free market crowd.

 </para>
 <para>
 Copyright may be property, but like all property, it is also a form
 </para>
 <para>
 Copyright may be property, but like all property, it is also a form


@@ -9268,19 +10116,28 @@ of regulation. It is a regulation that benefits some and harms others.
 When done right, it benefits creators and harms leeches. When done
 wrong, it is regulation the powerful use to defeat competitors.
 </para>
 When done right, it benefits creators and harms leeches. When done
 wrong, it is regulation the powerful use to defeat competitors.
 </para>

+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
+<indexterm><primary>VCRs</primary></indexterm>
+<indexterm><primary>statutory licenses</primary></indexterm>
+<indexterm><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>

 <para>
 <para>

-As I described in chapter 10, despite this feature of copyright as
-regulation, and subject to important qualifications outlined by Jessica
-Litman in her book <citetitle>Digital Copyright</citetitle>,<footnote><para>
-<!-- f9. --> Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst, N.Y.: Prometheus Books,
-2001).
+As I described in chapter <xref xrefstyle="select: labelnumber"
+linkend="property-i"/>, despite this feature of copyright as
+regulation, and subject to important qualifications outlined by
+Jessica Litman in her book <citetitle>Digital
+Copyright</citetitle>,<footnote><para>
+<!-- f9. -->
+Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst,
+N.Y.: Prometheus Books, 2001).
+<indexterm><primary>Digital Copyright (Litman)</primary></indexterm>

 <indexterm><primary>Litman, Jessica</primary></indexterm>
 </para></footnote>
 <indexterm><primary>Litman, Jessica</primary></indexterm>
 </para></footnote>

- overall this history of copyright
-is not bad. As chapter 10 details, when new technologies have come
-along, Congress has struck a balance to assure that the new is protected
-from the old. Compulsory, or statutory, licenses have been one part of
-that strategy. Free use (as in the case of the VCR) has been another.
+overall this history of copyright is not bad. As chapter
+<xref xrefstyle="select: labelnumber" linkend="property-i"/> details,
+when new technologies have come along, Congress has struck a balance
+to assure that the new is protected from the old. Compulsory, or
+statutory, licenses have been one part of that strategy. Free use (as
+in the case of the VCR) has been another.

 </para>
 <para>
 But that pattern of deference to new technologies has now changed
 </para>
 <para>
 But that pattern of deference to new technologies has now changed


@@ -9289,9 +10146,12 @@ the claims of a new technology and the legitimate rights of content
 creators, both the courts and Congress have imposed legal restrictions
 that will have the effect of smothering the new to benefit the old.
 </para>
 creators, both the courts and Congress have imposed legal restrictions
 that will have the effect of smothering the new to benefit the old.
 </para>

+<indexterm id='idxinternetradioon' class='startofrange'><primary>Internet</primary><secondary>radio on</secondary></indexterm>
+<indexterm id='idxradiooninternet' class='startofrange'><primary>radio</primary><secondary>on Internet</secondary></indexterm>

 <para>
 The response by the courts has been fairly universal.<footnote><para>
 <!-- f10. -->
 <para>
 The response by the courts has been fairly universal.<footnote><para>
 <!-- f10. -->

+<indexterm><primary>Grokster, Ltd.</primary></indexterm>

 The only circuit court exception is found in <citetitle>Recording Industry
 Association of America (RIAA)</citetitle> v. <citetitle>Diamond Multimedia Systems</citetitle>, 180 F. 3d
 1072 (9th Cir. 1999). There the court of appeals for the Ninth Circuit
 The only circuit court exception is found in <citetitle>Recording Industry
 Association of America (RIAA)</citetitle> v. <citetitle>Diamond Multimedia Systems</citetitle>, 180 F. 3d
 1072 (9th Cir. 1999). There the court of appeals for the Ninth Circuit


@@ -9310,35 +10170,41 @@ It has been mirrored in the responses threatened and actually
 implemented by Congress. I won't catalog all of those responses
 here.<footnote><para>
 <!-- f11. -->
 implemented by Congress. I won't catalog all of those responses
 here.<footnote><para>
 <!-- f11. -->

+<indexterm><primary>Tauzin, Billy</primary></indexterm>
+<indexterm><primary>Berman, Howard L.</primary></indexterm>
+<indexterm><primary>Hollings, Fritz</primary></indexterm>
+<indexterm><primary>broadcast flag</primary></indexterm>

 For example, in July 2002, Representative Howard Berman introduced the
 Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize
 copyright holders from liability for damage done to computers when the
 copyright holders use technology to stop copyright infringement. In
 August 2002, Representative Billy Tauzin introduced a bill to mandate
 that technologies capable of rebroadcasting digital copies of films
 For example, in July 2002, Representative Howard Berman introduced the
 Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize
 copyright holders from liability for damage done to computers when the
 copyright holders use technology to stop copyright infringement. In
 August 2002, Representative Billy Tauzin introduced a bill to mandate
 that technologies capable of rebroadcasting digital copies of films

-broadcast on TV (i.e., computers) respect a "broadcast flag" that
+broadcast on TV (i.e., computers) respect a <quote>broadcast flag</quote> that

 would disable copying of that content. And in March of the same year,
 Senator Fritz Hollings introduced the Consumer Broadband and Digital
 Television Promotion Act, which mandated copyright protection
 would disable copying of that content. And in March of the same year,
 Senator Fritz Hollings introduced the Consumer Broadband and Digital
 Television Promotion Act, which mandated copyright protection

-technology in all digital media devices. See GartnerG2, "Copyright and
-Digital Media in a Post-Napster World," 27 June 2003, 33&ndash;34,
+technology in all digital media devices. See GartnerG2, <quote>Copyright and
+Digital Media in a Post-Napster World,</quote> 27 June 2003, 33&ndash;34,

 available at
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.
 available at
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.

-<indexterm><primary>Berman, Howard L.</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>
+<indexterm><primary>Kennedy, John F.</primary></indexterm>

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

-As I described in chapter 4, when a radio station plays a song, the
-recording artist doesn't get paid for that "radio performance" unless
-he or she is also the composer. So, for example if Marilyn Monroe had
-recorded a version of "Happy Birthday"&mdash;to memorialize her famous
+As I described in chapter <xref xrefstyle="select: labelnumber"
+linkend="pirates"/>, when a radio station plays a song, the recording
+artist doesn't get paid for that <quote>radio performance</quote> unless he or she
+is also the composer. So, for example if Marilyn Monroe had recorded a
+version of <quote>Happy Birthday</quote>&mdash;to memorialize her famous

 performance before President Kennedy at Madison Square Garden&mdash;
 then whenever that recording was played on the radio, the current
 performance before President Kennedy at Madison Square Garden&mdash;
 then whenever that recording was played on the radio, the current

-copyright owners of "Happy Birthday" would get some money, whereas
+copyright owners of <quote>Happy Birthday</quote> would get some money, whereas

 Marilyn Monroe would not.
 </para>
 <para>
 Marilyn Monroe would not.
 </para>
 <para>


@@ -9356,7 +10222,7 @@ recording artists.
 Enter Internet radio. Like regular radio, Internet radio is a
 technology to stream content from a broadcaster to a listener. The
 broadcast travels across the Internet, not across the ether of radio
 Enter Internet radio. Like regular radio, Internet radio is a
 technology to stream content from a broadcaster to a listener. The
 broadcast travels across the Internet, not across the ether of radio

-spectrum.  Thus, I can "tune in" to an Internet radio station in
+spectrum.  Thus, I can <quote>tune in</quote> to an Internet radio station in

 Berlin while sitting in San Francisco, even though there's no way for
 me to tune in to a regular radio station much beyond the San Francisco
 metropolitan area.
 Berlin while sitting in San Francisco, even though there's no way for
 me to tune in to a regular radio station much beyond the San Francisco
 metropolitan area.


@@ -9374,6 +10240,7 @@ 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 -->


@@ -9391,7 +10258,7 @@ An almost unlimited number of FM stations was possible in the
 shortwaves, thus ending the unnatural restrictions imposed on radio in
 the crowded longwaves. If FM were freely developed, the number of
 stations would be limited only by economics and competition rather
 shortwaves, thus ending the unnatural restrictions imposed on radio in
 the crowded longwaves. If FM were freely developed, the number of
 stations would be limited only by economics and competition rather

-than by technical restrictions. . . . Armstrong likened the situation
+than by technical restrictions. &hellip; Armstrong likened the situation

 that had grown up in radio to that following the invention of the
 printing press, when governments and ruling interests attempted to
 control this new instrument of mass communications by imposing
 that had grown up in radio to that following the invention of the
 printing press, when governments and ruling interests attempted to
 control this new instrument of mass communications by imposing


@@ -9408,8 +10275,8 @@ Lessing, 239.
 <para>
 This potential for FM radio was never realized&mdash;not
 because Armstrong was wrong about the technology, but because he
 <para>
 This potential for FM radio was never realized&mdash;not
 because Armstrong was wrong about the technology, but because he

-underestimated the power of "vested interests, habits, customs and
-legislation"<footnote><para>
+underestimated the power of <quote>vested interests, habits, customs and
+legislation</quote><footnote><para>

 <!-- f13. -->
 Ibid., 229.
 </para></footnote>
 <!-- f13. -->
 Ibid., 229.
 </para></footnote>


@@ -9423,6 +10290,15 @@ 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='idxartistsrecordingindustrypaymentsto3' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on radio</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxrecordingindustryartistremunerationin3' class='startofrange'><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm id='idxrecordingindustryradiobroadcastand2' class='startofrange'><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm id='idxrecordingindustryinternetradiohamperedby' class='startofrange'><primary>recording industry</primary><secondary>Internet radio hampered by</secondary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaaoninternetradiofees' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>on Internet radio fees</secondary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaalobbyingpowerof' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>lobbying power of</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


@@ -9433,7 +10309,7 @@ of Internet radio in 1995, the lobbyists had primed Congress to adopt
 a different rule for Internet radio than the rule that applies to
 terrestrial radio. While terrestrial radio does not have to pay our
 hypothetical Marilyn Monroe when it plays her hypothetical recording
 a different rule for Internet radio than the rule that applies to
 terrestrial radio. While terrestrial radio does not have to pay our
 hypothetical Marilyn Monroe when it plays her hypothetical recording

-of "Happy Birthday" on the air, <emphasis>Internet radio
+of <quote>Happy Birthday</quote> on the air, <emphasis>Internet radio

 does</emphasis>. Not only is the law not neutral toward Internet
 radio&mdash;the law actually burdens Internet radio more than it
 burdens terrestrial radio.
 does</emphasis>. Not only is the law not neutral toward Internet
 radio&mdash;the law actually burdens Internet radio more than it
 burdens terrestrial radio.


@@ -9456,19 +10332,24 @@ in Sound Recordings and Ephemeral Recordings, Docket No. 2000-9, CARP
 DTRA 1 and 2, available at
 <ulink url="http://free-culture.cc/notes/">link #45</ulink>.
 For an excellent analysis making a similar point, see Randal
 DTRA 1 and 2, available at
 <ulink url="http://free-culture.cc/notes/">link #45</ulink>.
 For an excellent analysis making a similar point, see Randal

-C. Picker, "Copyright as Entry Policy: The Case of Digital
-Distribution," <citetitle>Antitrust Bulletin</citetitle> (Summer/Fall 2002): 461: "This was
+C. Picker, <quote>Copyright as Entry Policy: The Case of Digital
+Distribution,</quote> <citetitle>Antitrust Bulletin</citetitle> (Summer/Fall 2002): 461: <quote>This was

 not confusion, these are just old-fashioned entry barriers. Analog
 radio stations are protected from digital entrants, reducing entry in
 radio and diversity. Yes, this is done in the name of getting
 royalties to copyright holders, but, absent the play of powerful
 not confusion, these are just old-fashioned entry barriers. Analog
 radio stations are protected from digital entrants, reducing entry in
 radio and diversity. Yes, this is done in the name of getting
 royalties to copyright holders, but, absent the play of powerful

-interests, that could have been done in a media-neutral way."
+interests, that could have been done in a media-neutral way.</quote>

 <indexterm><primary>CARP (Copyright Arbitration Royalty Panel)</primary></indexterm>
 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 </para></footnote>
 A regular radio station broadcasting the same content would pay no
 equivalent fee.
 </para>
 <indexterm><primary>CARP (Copyright Arbitration Royalty Panel)</primary></indexterm>
 <indexterm><primary>Picker, Randal C.</primary></indexterm>
 </para></footnote>
 A regular radio station broadcasting the same content would pay no
 equivalent fee.
 </para>

+<indexterm startref='idxartistsrecordingindustrypaymentsto3' class='endofrange'/>
+<indexterm startref='idxrecordingindustryartistremunerationin3' class='endofrange'/>
+<indexterm startref='idxrecordingindustryradiobroadcastand2' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaaoninternetradiofees' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaalobbyingpowerof' 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


@@ -9547,13 +10428,13 @@ date and time that the user logged out (in the user's time zone);
 time zone where the signal was received (user);
 </para></listitem>
 <listitem><para>
 time zone where the signal was received (user);
 </para></listitem>
 <listitem><para>

-Unique User identifier;
+unique user identifier;

 </para></listitem>
 <listitem><para>
 the country in which the user received the transmissions.
 </para></listitem>
 </orderedlist>
 </para></listitem>
 <listitem><para>
 the country in which the user received the transmissions.
 </para></listitem>
 </orderedlist>

-
+<indexterm><primary>Library of Congress</primary></indexterm>

 <para>
 The Librarian of Congress eventually suspended these reporting
 requirements, pending further study. And he also changed the original
 <para>
 The Librarian of Congress eventually suspended these reporting
 requirements, pending further study. And he also changed the original


@@ -9567,7 +10448,11 @@ 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 id='idxalbenalex2' class='startofrange'><primary>Alben, Alex</primary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaaoninternetradiofees2' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>on Internet radio fees</secondary></indexterm>
+<indexterm id='idxartistsrecordingindustrypaymentsto4' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm id='idxrecordingindustryartistremunerationin4' class='startofrange'><primary>recording industry</primary><secondary>artist remuneration in</secondary></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


@@ -9580,24 +10465,28 @@ some testimony about what they thought a willing buyer would
 pay to a willing seller, and it was much higher. It was ten times
 higher than what radio stations pay to perform the same songs for
 the same period of time. And so the attorneys representing the
 pay to a willing seller, and it was much higher. It was ten times
 higher than what radio stations pay to perform the same songs for
 the same period of time. And so the attorneys representing the

-webcasters asked the RIAA, . . . "How  do  you  come  up  with a
+webcasters asked the RIAA, &hellip; <quote>How  do  you  come  up  with a

 
 <!-- PAGE BREAK 208 -->
 
 <!-- PAGE BREAK 208 -->

-rate that's so much higher? Why is it worth more than radio? 
-               Because
-here we have hundreds of thousands of webcasters who
-want to pay, and 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. . . ."
+rate that's so much higher? Why is it worth more than radio?  Because
+here we have hundreds of thousands of webcasters who want to pay, and
+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>
 </para>

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

 <para>
 <para>

-And the RIAA experts said, "Well, we don't really model this as an
+And the RIAA experts said, <quote>Well, we don't really model this as an

 industry with thousands of webcasters, <emphasis>we think it should be
 an industry with, you know, five or seven big players who can pay a
 industry with thousands of webcasters, <emphasis>we think it should be
 an industry with, you know, five or seven big players who can pay a

-high rate and it's a stable, predictable market</emphasis>." (Emphasis
+high rate and it's a stable, predictable market</emphasis>.</quote> (Emphasis

 added.)
 </para>
 </blockquote>
 added.)
 </para>
 </blockquote>

+<indexterm startref='idxalbenalex2' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaaoninternetradiofees2' class='endofrange'/>
+<indexterm startref='idxartistsrecordingindustrypaymentsto4' class='endofrange'/>
+<indexterm startref='idxrecordingindustryartistremunerationin4' 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


@@ -9607,6 +10496,12 @@ or the left, who should endorse this use of the law. And yet there is
 practically no one, on either the right or the left, who is doing anything
 effective to prevent it.
 </para>
 practically no one, on either the right or the left, who is doing anything
 effective to prevent it.
 </para>

+<indexterm startref='idxcopyrightlawinnovationhamperedby' class='endofrange'/>
+<indexterm startref='idxinnovationindustryestablishmentopposedto2' class='endofrange'/>
+<indexterm startref='idxregulationasestablishmentprotectionism2' class='endofrange'/>
+<indexterm startref='idxinternetradioon' class='endofrange'/>
+<indexterm startref='idxradiooninternet' class='endofrange'/>
+<indexterm startref='idxrecordingindustryinternetradiohamperedby' class='endofrange'/>

 </section>
 <section id="corruptingcitizens">
 <title>Corrupting Citizens</title>
 </section>
 <section id="corruptingcitizens">
 <title>Corrupting Citizens</title>


@@ -9626,7 +10521,7 @@ The war that is being waged today is a war of prohibition. As with
 every war of prohibition, it is targeted against the behavior of a very
 large number of citizens. According to <citetitle>The New York Times</citetitle>, 43 million
 Americans downloaded music in May 2002.<footnote><para>
 every war of prohibition, it is targeted against the behavior of a very
 large number of citizens. According to <citetitle>The New York Times</citetitle>, 43 million
 Americans downloaded music in May 2002.<footnote><para>

-<!-- f15. --> Mike Graziano and Lee Rainie, "The Music Downloading Deluge," Pew
+<!-- f15. --> Mike Graziano and Lee Rainie, <quote>The Music Downloading Deluge,</quote> Pew

 Internet and American Life Project (24 April 2001), available at 
 <ulink url="http://free-culture.cc/notes/">link #46</ulink>.
 The Pew Internet and American Life Project reported that 37 million
 Internet and American Life Project (24 April 2001), available at 
 <ulink url="http://free-culture.cc/notes/">link #46</ulink>.
 The Pew Internet and American Life Project reported that 37 million


@@ -9660,7 +10555,7 @@ sued 261 individuals&mdash;including a twelve-year-old girl living in public
 housing and a seventy-year-old man who had no idea what file sharing
 was.<footnote><para>
 <!-- f16. -->
 housing and a seventy-year-old man who had no idea what file sharing
 was.<footnote><para>
 <!-- f16. -->

-Alex Pham, "The Labels Strike Back: N.Y. Girl Settles RIAA Case," <citetitle>Los
+Alex Pham, <quote>The Labels Strike Back: N.Y. Girl Settles RIAA Case,</quote> <citetitle>Los

 Angeles Times</citetitle>, 10 September 2003, Business.
 </para></footnote>
 As these scapegoats discovered, it will always cost more to defend
 Angeles Times</citetitle>, 10 September 2003, Business.
 </para></footnote>
 As these scapegoats discovered, it will always cost more to defend


@@ -9671,6 +10566,7 @@ is an embarrassment to our tradition. And the consequence of our law
 as it is, is that those with the power can use the law to quash any rights
 they oppose.
 </para>
 as it is, is that those with the power can use the law to quash any rights
 they oppose.
 </para>

+<indexterm><primary>alcohol prohibition</primary></indexterm>

 <para>
 Wars of prohibition are nothing new in America. This one is just
 something more extreme than anything we've seen before. We
 <para>
 Wars of prohibition are nothing new in America. This one is just
 something more extreme than anything we've seen before. We


@@ -9682,8 +10578,8 @@ consumption was up to 70 percent of the preprohibition
 level. Americans were drinking just about as much, but now, a vast
 number were criminals.<footnote><para>
 <!-- f17. -->
 level. Americans were drinking just about as much, but now, a vast
 number were criminals.<footnote><para>
 <!-- f17. -->

-Jeffrey A. Miron and Jeffrey Zwiebel, "Alcohol Consumption During
-Prohibition," <citetitle>American Economic Review</citetitle> 81, no. 2 (1991): 242.
+Jeffrey A. Miron and Jeffrey Zwiebel, <quote>Alcohol Consumption During
+Prohibition,</quote> <citetitle>American Economic Review</citetitle> 81, no. 2 (1991): 242.

 </para></footnote>
 We have
 <!-- PAGE BREAK 210 -->
 </para></footnote>
 We have
 <!-- PAGE BREAK 210 -->


@@ -9700,18 +10596,19 @@ majority of Americans violate the law every day. We run such a complex
 tax system that a majority of cash businesses regularly
 cheat.<footnote><para>
 <!-- f19. -->
 tax system that a majority of cash businesses regularly
 cheat.<footnote><para>
 <!-- f19. -->

-See James Andreoni, Brian Erard, and Jonathon Feinstein, "Tax
-Compliance," <citetitle>Journal of Economic Literature</citetitle> 36 (1998): 818 (survey of
+See James Andreoni, Brian Erard, and Jonathon Feinstein, <quote>Tax
+Compliance,</quote> <citetitle>Journal of Economic Literature</citetitle> 36 (1998): 818 (survey of

 compliance literature).
 </para></footnote>
 compliance literature).
 </para></footnote>

-We pride ourselves on our "free society," but an endless array of
+We pride ourselves on our <quote>free society,</quote> but an endless array of

 ordinary behavior is regulated within our society. And as a result, a
 huge proportion of Americans regularly violate at least some law.
 </para>
 ordinary behavior is regulated within our society. And as a result, a
 huge proportion of Americans regularly violate at least some law.
 </para>

+<indexterm><primary>law schools</primary></indexterm>

 <para>
 This state of affairs is not without consequence. It is a particularly
 salient issue for teachers like me, whose job it is to teach law
 <para>
 This state of affairs is not without consequence. It is a particularly
 salient issue for teachers like me, whose job it is to teach law

-students about the importance of "ethics." As my colleague Charlie
+students about the importance of <quote>ethics.</quote> As my colleague Charlie

 Nesson told a class at Stanford, each year law schools admit thousands
 of students who have illegally downloaded music, illegally consumed
 alcohol and sometimes drugs, illegally worked without paying taxes,
 Nesson told a class at Stanford, each year law schools admit thousands
 of students who have illegally downloaded music, illegally consumed
 alcohol and sometimes drugs, illegally worked without paying taxes,


@@ -9722,7 +10619,7 @@ keep client funds separate, or honor a demand to disclose a document
 that will mean that your case is over. Generations of
 Americans&mdash;more significantly in some parts of America than in
 others, but still, everywhere in America today&mdash;can't live their
 that will mean that your case is over. Generations of
 Americans&mdash;more significantly in some parts of America than in
 others, but still, everywhere in America today&mdash;can't live their

-lives both normally and legally, since "normally" entails a certain
+lives both normally and legally, since <quote>normally</quote> entails a certain

 degree of illegality.
 </para>
 <para>
 degree of illegality.
 </para>
 <para>


@@ -9756,8 +10653,8 @@ or not; I want to catch and incarcerate the rapist. But I do care
 whether my students respect the law. And I do care if the rules of law
 sow increasing disrespect because of the extreme of regulation they
 impose.  Twenty million Americans have come of age since the Internet
 whether my students respect the law. And I do care if the rules of law
 sow increasing disrespect because of the extreme of regulation they
 impose.  Twenty million Americans have come of age since the Internet

-introduced this different idea of "sharing." We need to be able to
-call these twenty million Americans "citizens," not "felons."
+introduced this different idea of <quote>sharing.</quote> We need to be able to
+call these twenty million Americans <quote>citizens,</quote> not <quote>felons.</quote>

 </para>
 <para>
 When at least forty-three million citizens download content from the
 </para>
 <para>
 When at least forty-three million citizens download content from the


@@ -9782,21 +10679,22 @@ copyright infringement for me to sell all my classical records at a
 used
 
 <!-- PAGE BREAK 212 -->
 used
 
 <!-- PAGE BREAK 212 -->

-record store and buy jazz records to replace them. That "use" of the
+record store and buy jazz records to replace them. That <quote>use</quote> of the

 recordings is free.
 </para>
 <para>
 But as the MP3 craze has demonstrated, there is another use of
 phonograph records that is effectively free. Because these recordings
 recordings is free.
 </para>
 <para>
 But as the MP3 craze has demonstrated, there is another use of
 phonograph records that is effectively free. Because these recordings

-were made without copy-protection technologies, I am "free" to copy,
-or "rip," music from my records onto a computer hard disk. Indeed,
-Apple Corporation went so far as to suggest that "freedom" was a
-right: In a series of commercials, Apple endorsed the "Rip, Mix, Burn"
+were made without copy-protection technologies, I am <quote>free</quote> to copy,
+or <quote>rip,</quote> music from my records onto a computer hard disk. Indeed,
+Apple Corporation went so far as to suggest that <quote>freedom</quote> was a
+right: In a series of commercials, Apple endorsed the <quote>Rip, Mix, Burn</quote>

 capacities of digital technologies.
 </para>
 capacities of digital technologies.
 </para>

-<indexterm><primary>Adromeda</primary></indexterm>
+<indexterm><primary>Andromeda</primary></indexterm>
+<indexterm id='idxcdsmix' class='startofrange'><primary>CDs</primary><secondary>mix technology and</secondary></indexterm>

 <para>
 <para>

-This "use" of my records is certainly valuable. I have begun a large
+This <quote>use</quote> of my records is certainly valuable. I have begun a large

 process at home of ripping all of my and my wife's CDs, and storing
 them in one archive. Then, using Apple's iTunes, or a wonderful
 program called Andromeda, we can build different play lists of our
 process at home of ripping all of my and my wife's CDs, and storing
 them in one archive. Then, using Apple's iTunes, or a wonderful
 program called Andromeda, we can build different play lists of our


@@ -9827,9 +10725,10 @@ these protection technologies would effectively destroy the archiving
 <!-- PAGE BREAK 213 -->
 use of CDs. The technology, in other words, would force us all back to
 the world where we either listened to music by manipulating pieces of
 <!-- PAGE BREAK 213 -->
 use of CDs. The technology, in other words, would force us all back to
 the world where we either listened to music by manipulating pieces of

-plastic or were part of a massively complex "digital rights
-management" system.
+plastic or were part of a massively complex <quote>digital rights
+management</quote> system.

 </para>
 </para>

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

 <para>
 If the only way to assure that artists get paid were the elimination
 of the ability to freely move content, then these technologies to
 <para>
 If the only way to assure that artists get paid were the elimination
 of the ability to freely move content, then these technologies to


@@ -9873,31 +10772,34 @@ understandable why we as a democracy continue to choose as we do. Jack
 
 Valenti is charming; but not so charming as to justify giving up a
 tradition as deep and important as our tradition of free culture.
 
 Valenti is charming; but not so charming as to justify giving up a
 tradition as deep and important as our tradition of free culture.

-There's one more aspect to this corruption that is particularly
-important to civil liberties, and follows directly from any war of
-prohibition.  As Electronic Frontier Foundation attorney Fred von
-Lohmann describes, this is the "collateral damage" that "arises
-whenever you turn a very large percentage of the population into
-criminals." This is the collateral damage to civil liberties
-generally.
+</para>

 <indexterm><primary>Electronic Frontier Foundation</primary></indexterm>
 <indexterm><primary>Electronic Frontier Foundation</primary></indexterm>

+<indexterm id='idxisps' class='startofrange'><primary>ISPs (Internet service providers), user identities revealed by</primary></indexterm>
+<para>
+<emphasis role='strong'>There's one more</emphasis> aspect to this
+corruption that is particularly important to civil liberties, and
+follows directly from any war of prohibition.  As Electronic Frontier
+Foundation attorney Fred von Lohmann describes, this is the
+<quote>collateral damage</quote> that <quote>arises whenever you turn
+a very large percentage of the population into criminals.</quote> This
+is the collateral damage to civil liberties generally.

 </para>
 </para>

+<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 <para>
 <para>

-"If you can treat someone as a putative lawbreaker," von Lohmann
+<quote>If you can treat someone as a putative lawbreaker,</quote> von Lohmann

 explains,
 explains,

-<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 </para>
 <blockquote>
 <para>
 then all of a sudden a lot of basic civil liberty protections
 </para>
 <blockquote>
 <para>
 then all of a sudden a lot of basic civil liberty protections

-evaporate to one degree or another. . . . If you're a copyright
+evaporate to one degree or another. &hellip; If you're a copyright

 infringer, how can you hope to have any privacy rights? If you're a
 copyright infringer, how can you hope to be secure against seizures of
 your computer? How can you hope to continue to receive Internet
 infringer, how can you hope to have any privacy rights? If you're a
 copyright infringer, how can you hope to be secure against seizures of
 your computer? How can you hope to continue to receive Internet

-access? . . . Our sensibilities change as soon as we think, "Oh, well,
-but that person's a criminal, a lawbreaker." Well, what this campaign
+access? &hellip; Our sensibilities change as soon as we think, <quote>Oh, well,
+but that person's a criminal, a lawbreaker.</quote> Well, what this campaign

 against file sharing has done is turn a remarkable percentage of the
 against file sharing has done is turn a remarkable percentage of the

-American Internet-using population into "lawbreakers."
+American Internet-using population into <quote>lawbreakers.</quote>

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


@@ -9924,16 +10826,16 @@ the family could be liable for $2 million in damages. That didn't stop
 the RIAA from suing a number of these families, just as they had sued
 Jesse Jordan.<footnote><para>
 <!-- f20. -->
 the RIAA from suing a number of these families, just as they had sued
 Jesse Jordan.<footnote><para>
 <!-- f20. -->

-See Frank Ahrens, "RIAA's Lawsuits Meet Surprised Targets; Single
-Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,"
-<citetitle>Washington Post</citetitle>, 10 September 2003, E1; Chris Cobbs, "Worried Parents
+See Frank Ahrens, <quote>RIAA's Lawsuits Meet Surprised Targets; Single
+Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,</quote>
+<citetitle>Washington Post</citetitle>, 10 September 2003, E1; Chris Cobbs, <quote>Worried Parents

 Pull Plug on File `Stealing'; With the Music Industry Cracking Down on
 File Swapping, Parents are Yanking Software from Home PCs to Avoid
 Pull Plug on File `Stealing'; With the Music Industry Cracking Down on
 File Swapping, Parents are Yanking Software from Home PCs to Avoid

-Being Sued," <citetitle>Orlando Sentinel Tribune</citetitle>, 30 August 2003, C1; Jefferson
-Graham, "Recording Industry Sues Parents," <citetitle>USA Today</citetitle>, 15 September
-2003, 4D; John Schwartz, "She Says She's No Music Pirate. No Snoop
-Fan, Either," <citetitle>New York Times</citetitle>, 25 September 2003, C1; Margo Varadi, "Is
-Brianna a Criminal?" <citetitle>Toronto Star</citetitle>, 18 September 2003, P7.
+Being Sued,</quote> <citetitle>Orlando Sentinel Tribune</citetitle>, 30 August 2003, C1; Jefferson
+Graham, <quote>Recording Industry Sues Parents,</quote> <citetitle>USA Today</citetitle>, 15 September
+2003, 4D; John Schwartz, <quote>She Says She's No Music Pirate. No Snoop
+Fan, Either,</quote> <citetitle>New York Times</citetitle>, 25 September 2003, C1; Margo Varadi, <quote>Is
+Brianna a Criminal?</quote> <citetitle>Toronto Star</citetitle>, 18 September 2003, P7.

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


@@ -9942,13 +10844,13 @@ Even this understates the espionage that is being waged by the
 RIAA. A report from CNN late last summer described a strategy the
 RIAA had adopted to track Napster users.<footnote><para>
 <!-- f21. -->
 RIAA. A report from CNN late last summer described a strategy the
 RIAA had adopted to track Napster users.<footnote><para>
 <!-- f21. -->

-See "Revealed: How RIAA Tracks Downloaders: Music Industry Discloses
-Some Methods Used," CNN.com, available at
+See <quote>Revealed: How RIAA Tracks Downloaders: Music Industry Discloses
+Some Methods Used,</quote> CNN.com, available at

 <ulink url="http://free-culture.cc/notes/">link #47</ulink>.
 </para></footnote>
 Using a sophisticated hashing algorithm, the RIAA took what is in
 effect a fingerprint of every song in the Napster catalog. Any copy of
 <ulink url="http://free-culture.cc/notes/">link #47</ulink>.
 </para></footnote>
 Using a sophisticated hashing algorithm, the RIAA took what is in
 effect a fingerprint of every song in the Napster catalog. Any copy of

-one of those MP3s will have the same "fingerprint."
+one of those MP3s will have the same <quote>fingerprint.</quote>

 </para>
 <para>
 So imagine the following not-implausible scenario: Imagine a
 </para>
 <para>
 So imagine the following not-implausible scenario: Imagine a


@@ -9957,44 +10859,45 @@ like the cassettes you used to make as a kid. You don't know, and
 neither does your daughter, where these songs came from. But she
 copies these songs onto her computer. She then takes her computer to
 college and connects it to a college network, and if the college
 neither does your daughter, where these songs came from. But she
 copies these songs onto her computer. She then takes her computer to
 college and connects it to a college network, and if the college

-network is "cooperating" with the RIAA's espionage, and she hasn't
+network is <quote>cooperating</quote> with the RIAA's espionage, and she hasn't

 properly protected her content from the network (do you know how to do
 that yourself ?), then the RIAA will be able to identify your daughter
 properly protected her content from the network (do you know how to do
 that yourself ?), then the RIAA will be able to identify your daughter

-as a "criminal."  And under the rules that universities are beginning
+as a <quote>criminal.</quote>  And under the rules that universities are beginning

 to deploy,<footnote><para>
 <!-- f22. -->
 to deploy,<footnote><para>
 <!-- f22. -->

-See Jeff Adler, "Cambridge: On Campus, Pirates Are Not Penitent,"
-<citetitle>Boston Globe</citetitle>, 18 May 2003, City Weekly, 1; Frank Ahrens, "Four
+See Jeff Adler, <quote>Cambridge: On Campus, Pirates Are Not Penitent,</quote>
+<citetitle>Boston Globe</citetitle>, 18 May 2003, City Weekly, 1; Frank Ahrens, <quote>Four

 Students Sued over Music Sites; Industry Group Targets File Sharing at
 Students Sued over Music Sites; Industry Group Targets File Sharing at

-Colleges," <citetitle>Washington Post</citetitle>, 4 April 2003, E1; Elizabeth Armstrong,
-"Students `Rip, Mix, Burn' at Their Own Risk," <citetitle>Christian Science
-Monitor</citetitle>, 2 September 2003, 20; Robert Becker and Angela Rozas, "Music
+Colleges,</quote> <citetitle>Washington Post</citetitle>, 4 April 2003, E1; Elizabeth Armstrong,
+<quote>Students `Rip, Mix, Burn' at Their Own Risk,</quote> <citetitle>Christian Science
+Monitor</citetitle>, 2 September 2003, 20; Robert Becker and Angela Rozas, <quote>Music

 Pirate Hunt Turns to Loyola; Two Students Names Are Handed Over;
 Pirate Hunt Turns to Loyola; Two Students Names Are Handed Over;

-Lawsuit Possible," <citetitle>Chicago Tribune</citetitle>, 16 July 2003, 1C; Beth Cox, "RIAA
-Trains Antipiracy Guns on Universities," <citetitle>Internet News</citetitle>, 30 January
+Lawsuit Possible,</quote> <citetitle>Chicago Tribune</citetitle>, 16 July 2003, 1C; Beth Cox, <quote>RIAA
+Trains Antipiracy Guns on Universities,</quote> <citetitle>Internet News</citetitle>, 30 January

 2003, available at <ulink url="http://free-culture.cc/notes/">link
 2003, available at <ulink url="http://free-culture.cc/notes/">link

-#48</ulink>; Benny Evangelista, "Download Warning 101: Freshman
+#48</ulink>; Benny Evangelista, <quote>Download Warning 101: Freshman

 Orientation This Fall to Include Record Industry Warnings Against File
 Orientation This Fall to Include Record Industry Warnings Against File

-Sharing," <citetitle>San Francisco Chronicle</citetitle>, 11 August 2003, E11; "Raid, Letters
-Are Weapons at Universities," <citetitle>USA Today</citetitle>, 26 September 2000, 3D.
+Sharing,</quote> <citetitle>San Francisco Chronicle</citetitle>, 11 August 2003, E11; <quote>Raid, Letters
+Are Weapons at Universities,</quote> <citetitle>USA Today</citetitle>, 26 September 2000, 3D.

 </para></footnote>
 your daughter can lose the right to use the university's computer
 network.  She can, in some cases, be expelled.
 </para>
 </para></footnote>
 your daughter can lose the right to use the university's computer
 network.  She can, in some cases, be expelled.
 </para>

+<indexterm startref='idxisps' class='endofrange'/>
+<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 <para>
 Now, of course, she'll have the right to defend herself. You can hire
 a lawyer for her (at $300 per hour, if you're lucky), and she can
 plead that she didn't know anything about the source of the songs or
 that they came from Napster. And it may well be that the university
 believes her. But the university might not believe her. It might treat
 <para>
 Now, of course, she'll have the right to defend herself. You can hire
 a lawyer for her (at $300 per hour, if you're lucky), and she can
 plead that she didn't know anything about the source of the songs or
 that they came from Napster. And it may well be that the university
 believes her. But the university might not believe her. It might treat

-this "contraband" as presumptive of guilt. And as any number of
+this <quote>contraband</quote> as presumptive of guilt. And as any number of

 college students
 
 <!-- PAGE BREAK 216 -->
 have already learned, our presumptions about innocence disappear in
 the middle of wars of prohibition. This war is no different.
 Says von Lohmann,
 college students
 
 <!-- PAGE BREAK 216 -->
 have already learned, our presumptions about innocence disappear in
 the middle of wars of prohibition. This war is no different.
 Says von Lohmann,

-<indexterm><primary>von Lohmann, Fred</primary></indexterm>

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


@@ -10011,17 +10914,17 @@ people use drugs, and I think that's the closest analog, [but] many
 have noted that the war against drugs has eroded all of our civil
 liberties because it's treated so many Americans as criminals. Well, I
 think it's fair to say that file sharing is an order of magnitude
 have noted that the war against drugs has eroded all of our civil
 liberties because it's treated so many Americans as criminals. Well, I
 think it's fair to say that file sharing is an order of magnitude

-larger number of Americans than drug use. . . . If forty to sixty
+larger number of Americans than drug use. &hellip; If forty to sixty

 million Americans have become lawbreakers, then we're really on a
 slippery slope to lose a lot of civil liberties for all forty to sixty
 million of them.
 </para>
 </blockquote>
 <para>
 million Americans have become lawbreakers, then we're really on a
 slippery slope to lose a lot of civil liberties for all forty to sixty
 million of them.
 </para>
 </blockquote>
 <para>

-When forty to sixty million Americans are considered "criminals" under
+When forty to sixty million Americans are considered <quote>criminals</quote> under

 the law, and when the law could achieve the same objective&mdash;
 securing rights to authors&mdash;without these millions being
 the law, and when the law could achieve the same objective&mdash;
 securing rights to authors&mdash;without these millions being

-considered "criminals," who is the villain? Americans or the law?
+considered <quote>criminals,</quote> who is the villain? Americans or the law?

 Which is American, a constant war on our own people or a concerted
 effort through our democracy to change our law?
 </para>
 Which is American, a constant war on our own people or a concerted
 effort through our democracy to change our law?
 </para>


@@ -10036,10 +10939,11 @@ effort through our democracy to change our law?
 
 <!-- PAGE BREAK 218 -->
 <para>
 
 <!-- PAGE BREAK 218 -->
 <para>

-So here's the picture: You're standing at the side of the road. Your
-car is on fire. You are angry and upset because in part you helped start
-the fire. Now you don't know how to put it out. Next to you is a bucket,
-filled with gasoline. Obviously, gasoline won't put the fire out.
+<emphasis role='strong'>So here's</emphasis> the picture: You're
+standing at the side of the road. Your car is on fire. You are angry
+and upset because in part you helped start the fire. Now you don't
+know how to put it out. Next to you is a bucket, filled with
+gasoline. Obviously, gasoline won't put the fire out.

 </para>
 <para>
 As you ponder the mess, someone else comes along. In a panic, she
 </para>
 <para>
 As you ponder the mess, someone else comes along. In a panic, she


@@ -10050,12 +10954,13 @@ blazing car. And the fire that gasoline will ignite is about to ignite
 everything around.
 </para>
 <para>
 everything around.
 </para>
 <para>

-A war about copyright rages all around&mdash;and we're all focusing on
-the wrong thing. No doubt, current technologies threaten existing
-businesses.  No doubt they may threaten artists. But technologies
-change.  The industry and technologists have plenty of ways to use
-technology to protect themselves against the current threats of the
-Internet. This is a fire that if let alone would burn itself out.
+<emphasis role='strong'>A war</emphasis> about copyright rages all
+around&mdash;and we're all focusing on the wrong thing. No doubt,
+current technologies threaten existing businesses.  No doubt they may
+threaten artists. But technologies change.  The industry and
+technologists have plenty of ways to use technology to protect
+themselves against the current threats of the Internet. This is a fire
+that if let alone would burn itself out.

 </para>
 <para>
 <!-- PAGE BREAK 219 -->
 </para>
 <para>
 <!-- PAGE BREAK 219 -->


@@ -10087,17 +10992,21 @@ success will require.
 </partintro>
 
 <!-- PAGE BREAK 220 -->
 </partintro>
 
 <!-- PAGE BREAK 220 -->

-<chapter id="eldred">
+<chapter label="13" id="eldred">

 <title>CHAPTER THIRTEEN: Eldred</title>
 <title>CHAPTER THIRTEEN: Eldred</title>

+<indexterm id='idxeldrederic' class='startofrange'><primary>Eldred, Eric</primary></indexterm>
+<indexterm id='idxhawthornenathaniel' class='startofrange'><primary>Hawthorne, Nathaniel</primary></indexterm>

 <para>
 <para>

-In 1995, a father was frustrated that his daughters didn't seem to
-like Hawthorne. No doubt there was more than one such father, but at
-least one did something about it. Eric Eldred, a retired computer
-programmer living in New Hampshire, decided to put Hawthorne on the
-Web. An electronic version, Eldred thought, with links to pictures and
-explanatory text, would make this nineteenth-century author's work
-come alive.
+<emphasis role='strong'>In 1995</emphasis>, a father was frustrated
+that his daughters didn't seem to like Hawthorne. No doubt there was
+more than one such father, but at least one did something about
+it. Eric Eldred, a retired computer programmer living in New
+Hampshire, decided to put Hawthorne on the Web. An electronic version,
+Eldred thought, with links to pictures and explanatory text, would
+make this nineteenth-century author's work come alive.

 </para>
 </para>

+<indexterm id='idxlibrariesofpublicdomainliterature' class='startofrange'><primary>libraries</primary><secondary>of public-domain literature</secondary></indexterm>
+<indexterm id='idxpublicdomainlibraryofworksderivedfrom' class='startofrange'><primary>public domain</primary><secondary>library of works derived from</secondary></indexterm>

 <para>
 It didn't work&mdash;at least for his daughters. They didn't find
 Hawthorne any more interesting than before. But Eldred's experiment
 <para>
 It didn't work&mdash;at least for his daughters. They didn't find
 Hawthorne any more interesting than before. But Eldred's experiment


@@ -10105,6 +11014,8 @@ gave birth to a hobby, and his hobby begat a cause: Eldred would build
 a library of public domain works by scanning these works and making
 them available for free.
 </para>
 a library of public domain works by scanning these works and making
 them available for free.
 </para>

+<indexterm id='idxdisneywalt5' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm><primary>Grimm fairy tales</primary></indexterm>

 <para>
 Eldred's library was not simply a copy of certain public domain
 works, though even a copy would have been of great value to people
 <para>
 Eldred's library was not simply a copy of certain public domain
 works, though even a copy would have been of great value to people


@@ -10116,6 +11027,7 @@ accessible to the twentieth century, Eldred transformed Hawthorne, and
 many others, into a form more accessible&mdash;technically
 accessible&mdash;today.
 </para>
 many others, into a form more accessible&mdash;technically
 accessible&mdash;today.
 </para>

+<indexterm><primary>Scarlet Letter, The (Hawthorne)</primary></indexterm>

 <para>
 Eldred's freedom to do this with Hawthorne's work grew from the same
 source as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed into the
 <para>
 Eldred's freedom to do this with Hawthorne's work grew from the same
 source as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed into the


@@ -10128,18 +11040,21 @@ animated cartoons, sometimes successfully (<citetitle>Cinderella</citetitle>), s
 (<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure Planet</citetitle>). These are all
 commercial publications of public domain works.
 </para>
 (<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure Planet</citetitle>). These are all
 commercial publications of public domain works.
 </para>

+<indexterm startref='idxhawthornenathaniel' class='endofrange'/>
+<indexterm startref='idxdisneywalt5' class='endofrange'/>

 <para>
 The Internet created the possibility of noncommercial publications of
 public domain works. Eldred's is just one example. There are literally
 thousands of others. Hundreds of thousands from across the world have
 discovered this platform of expression and now use it to share works
 that are, by law, free for the taking. This has produced what we might
 <para>
 The Internet created the possibility of noncommercial publications of
 public domain works. Eldred's is just one example. There are literally
 thousands of others. Hundreds of thousands from across the world have
 discovered this platform of expression and now use it to share works
 that are, by law, free for the taking. This has produced what we might

-call the "noncommercial publishing industry," which before the
+call the <quote>noncommercial publishing industry,</quote> which before the

 Internet was limited to people with large egos or with political or
 social causes. But with the Internet, it includes a wide range of
 individuals and groups dedicated to spreading culture
 generally.<footnote><para>
 <!-- f1. -->
 Internet was limited to people with large egos or with political or
 social causes. But with the Internet, it includes a wide range of
 individuals and groups dedicated to spreading culture
 generally.<footnote><para>
 <!-- f1. -->

+<indexterm><primary>pornography</primary></indexterm>

 There's a parallel here with pornography that is a bit hard to
 describe, but it's a strong one. One phenomenon that the Internet
 created was a world of noncommercial pornographers&mdash;people who
 There's a parallel here with pornography that is a bit hard to
 describe, but it's a strong one. One phenomenon that the Internet
 created was a world of noncommercial pornographers&mdash;people who


@@ -10156,37 +11071,57 @@ world before the Internet were extremely few. Yet one would think it
 at least as important to protect the Eldreds of the world as to
 protect noncommercial pornographers.</para></footnote>
 </para>
 at least as important to protect the Eldreds of the world as to
 protect noncommercial pornographers.</para></footnote>
 </para>

+<indexterm id='idxcongressuscopyrighttermsextendedby2' class='startofrange'><primary>Congress, U.S.</primary><secondary>copyright terms extended by</secondary></indexterm>
+<indexterm id='idxcopyrightdurationof6' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcopyrightlawtermextensionsin2' class='startofrange'><primary>copyright law</primary><secondary>term extensions in</secondary></indexterm>
+<indexterm><primary>Frost, Robert</primary></indexterm>
+<indexterm><primary>New Hampshire (Frost)</primary></indexterm>
+<indexterm><primary>patents</primary><secondary>in public domain</secondary></indexterm>
+<indexterm id='idxpatentsfuturepatentsvsfuturecopyrightsin' class='startofrange'><primary>patents</primary><secondary>future patents vs. future copyrights in</secondary></indexterm>

 <para>
 As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's
 <para>
 As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's

-collection of poems <citetitle>New Hampshire</citetitle> was slated to pass into the public
-domain. Eldred wanted to post that collection in his free public
-library.  But Congress got in the way. As I described in chapter 10,
-in 1998, for the eleventh time in forty years, Congress extended the
-terms of existing copyrights&mdash;this time by twenty years. Eldred
-would not be free to add any works more recent than 1923 to his
-collection until 2019.  Indeed, no copyrighted work 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>
+collection of poems <citetitle>New Hampshire</citetitle> was slated to
+pass into the public domain. Eldred wanted to post that collection in
+his free public library.  But Congress got in the way. As I described
+in chapter <xref xrefstyle="select: labelnumber"
+linkend="property-i"/>, in 1998, for the eleventh time in forty years,
+Congress extended the terms of existing copyrights&mdash;this time by
+twenty years. Eldred would not be free to add any works more recent
+than 1923 to his collection until 2019.  Indeed, no copyrighted work
+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>
+<indexterm startref='idxlibrariesofpublicdomainliterature' class='endofrange'/>
+<indexterm startref='idxpublicdomainlibraryofworksderivedfrom' class='endofrange'/>
+<indexterm><primary>Bono, Mary</primary></indexterm>
+<indexterm><primary>Bono, Sonny</primary></indexterm>
+<indexterm id='idxcopyrightinperpetuity4' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm id='idxsonnybonocopyrighttermextensionactctea2' class='startofrange'><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 222 -->
 This was the Sonny Bono Copyright Term Extension Act
 (CTEA), enacted in memory of the congressman and former musician
 Sonny Bono, who, his widow, Mary Bono, says, believed that 
 <para>
 
 <!-- PAGE BREAK 222 -->
 This was the Sonny Bono Copyright Term Extension Act
 (CTEA), enacted in memory of the congressman and former musician
 Sonny Bono, who, his widow, Mary Bono, says, believed that 

-"copyrights should be forever."<footnote><para>
+<quote>copyrights should be forever.</quote><footnote><para>

 <!-- f2. -->
 <!-- f2. -->

-The full text is: "Sonny [Bono] wanted the term of copyright
+<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
 strengthen our copyright laws in all of the ways available to us. As
 you know, there is also Jack Valenti's proposal for a term to last
 forever less one day. Perhaps the Committee may look at that next
 protection to last forever. I am informed by staff that such a change
 would violate the Constitution. I invite all of you to work with me to
 strengthen our copyright laws in all of the ways available to us. As
 you know, there is also Jack Valenti's proposal for a term to last
 forever less one day. Perhaps the Committee may look at that next

-Congress," 144 Cong. Rec. H9946, 9951-2 (October 7, 1998).
+Congress,</quote> 144 Cong. Rec. H9946, 9951-2 (October 7, 1998).

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

-

 </para>
 </para>

+<indexterm startref='idxpatentsfuturepatentsvsfuturecopyrightsin' class='endofrange'/>
+<indexterm><primary>copyright law</primary><secondary>felony punishment for infringement of</secondary></indexterm>
+<indexterm><primary>NET (No Electronic Theft) Act (1998)</primary></indexterm>
+<indexterm><primary>No Electronic Theft (NET) Act (1998)</primary></indexterm>
+<indexterm><primary>peer-to-peer (p2p) file sharing</primary><secondary>felony punishments for</secondary></indexterm>

 <para>
 Eldred decided to fight this law. He first resolved to fight it through
 civil disobedience. In a series of interviews, Eldred announced that he
 <para>
 Eldred decided to fight this law. He first resolved to fight it through
 civil disobedience. In a series of interviews, Eldred announced that he


@@ -10196,6 +11131,11 @@ of publishing would make Eldred a felon&mdash;whether or not anyone
 complained. This was a dangerous strategy for a disabled programmer
 to undertake.
 </para>
 complained. This was a dangerous strategy for a disabled programmer
 to undertake.
 </para>

+<indexterm startref='idxsonnybonocopyrighttermextensionactctea2' class='endofrange'/>
+<indexterm id='idxcongressusconstitutionalpowersof' class='startofrange'><primary>Congress, U.S.</primary><secondary>constitutional powers of</secondary></indexterm>
+<indexterm id='idxconstitutionusprogressclauseof2' class='startofrange'><primary>Constitution, U.S.</primary><secondary>Progress Clause of</secondary></indexterm>
+<indexterm id='idxprogressclause2' class='startofrange'><primary>Progress Clause</primary></indexterm>
+<indexterm id='idxlessiglawrenceeldredcaseinvolvementof' class='startofrange'><primary>Lessig, Lawrence</primary><secondary>Eldred case involvement of</secondary></indexterm>

 <para>
 It was here that I became involved in Eldred's battle. I was a 
                constitutional
 <para>
 It was here that I became involved in Eldred's battle. I was a 
                constitutional


@@ -10208,33 +11148,40 @@ different. As you know, the Constitution says,
 </para>
 <blockquote>
 <para>
 </para>
 <blockquote>
 <para>

-Congress has the power to promote the Progress of Science . . .
-by securing for limited Times to Authors . . . exclusive Right to
-their . . . Writings. . . .
+Congress has the power to promote the Progress of Science &hellip;
+by securing for limited Times to Authors &hellip; exclusive Right to
+their &hellip; Writings. &hellip;

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

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

 <para>
 As I've described, this clause is unique within the power-granting
 clause of Article I, section 8 of our Constitution. Every other clause
 granting power to Congress simply says Congress has the power to do
 <para>
 As I've described, this clause is unique within the power-granting
 clause of Article I, section 8 of our Constitution. Every other clause
 granting power to Congress simply says Congress has the power to do

-something&mdash;for example, to regulate "commerce among the several
-states" or "declare War." But here, the "something" is something quite
-specific&mdash;to "promote . . . Progress"&mdash;through means that
-are also specific&mdash; by "securing" "exclusive Rights" (i.e.,
-copyrights) "for limited Times."
-</para>
+something&mdash;for example, to regulate <quote>commerce among the several
+states</quote> or <quote>declare War.</quote> But here, the <quote>something</quote> is something quite
+specific&mdash;to <quote>promote &hellip; Progress</quote>&mdash;through means that
+are also specific&mdash; by <quote>securing</quote> <quote>exclusive Rights</quote> (i.e.,
+copyrights) <quote>for limited Times.</quote>
+</para>
+<indexterm startref='idxconstitutionusprogressclauseof2' class='endofrange'/>
+<indexterm startref='idxprogressclause2' class='endofrange'/>
+<indexterm startref='idxlessiglawrenceeldredcaseinvolvementof' class='endofrange'/>
+<indexterm><primary>Jaszi, Peter</primary></indexterm>

 <para>
 In the past forty years, Congress has gotten into the practice of
 extending existing terms of copyright protection. What puzzled me
 about this was, if Congress has the power to extend existing terms,
 <para>
 In the past forty years, Congress has gotten into the practice of
 extending existing terms of copyright protection. What puzzled me
 about this was, if Congress has the power to extend existing terms,

-then the Constitution's requirement that terms be "limited" will have
+then the Constitution's requirement that terms be <quote>limited</quote> will have

 <!-- PAGE BREAK 223 -->
 no practical effect. If every time a copyright is about to expire,
 Congress has the power to extend its term, then Congress can achieve
 <!-- PAGE BREAK 223 -->
 no practical effect. If every time a copyright is about to expire,
 Congress has the power to extend its term, then Congress can achieve

-what the Constitution plainly forbids&mdash;perpetual terms "on the
-installment plan," as Professor Peter Jaszi so nicely put it.
-<indexterm><primary>Jaszi, Peter</primary></indexterm>
+what the Constitution plainly forbids&mdash;perpetual terms <quote>on the
+installment plan,</quote> as Professor Peter Jaszi so nicely put it.

 </para>
 </para>

+<indexterm startref='idxcopyrightinperpetuity4' class='endofrange'/>
+<indexterm startref='idxcongressusconstitutionalpowersof' class='endofrange'/>
+<indexterm><primary>Lessig, Lawrence</primary><secondary>Eldred case involvement of</secondary></indexterm>

 <para>
 As an academic, my first response was to hit the books. I remember
 sitting late at the office, scouring on-line databases for any serious
 <para>
 As an academic, my first response was to hit the books. I remember
 sitting late at the office, scouring on-line databases for any serious


@@ -10248,8 +11195,8 @@ this gravy train going.
 </para>
 <para>
 For this is the core of the corruption in our present system of
 </para>
 <para>
 For this is the core of the corruption in our present system of

-government. "Corruption" not in the sense that representatives are
-bribed.  Rather, "corruption" in the sense that the system induces the
+government. <quote>Corruption</quote> not in the sense that representatives are
+bribed.  Rather, <quote>corruption</quote> in the sense that the system induces the

 beneficiaries of Congress's acts to raise and give money to Congress
 to induce it to act. There's only so much time; there's only so much
 Congress can do. Why not limit its actions to those things it must
 beneficiaries of Congress's acts to raise and give money to Congress
 to induce it to act. There's only so much time; there's only so much
 Congress can do. Why not limit its actions to those things it must


@@ -10273,55 +11220,55 @@ Your financial adviser comes to your board meeting with a very grim
 report:
 </para>
 <para>
 report:
 </para>
 <para>

-"Next year," the adviser announces, "our copyrights in works A, B,
+<quote>Next year,</quote> the adviser announces, <quote>our copyrights in works A, B,

 
 <!-- PAGE BREAK 224 -->
 and C will expire. That means that after next year, we will no longer be
 receiving the annual royalty check of $100,000 from the publishers of
 
 <!-- PAGE BREAK 224 -->
 and C will expire. That means that after next year, we will no longer be
 receiving the annual royalty check of $100,000 from the publishers of

-those works.
+those works.</quote>

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

-"There's a proposal in Congress, however," she continues, "that
+<quote>There's a proposal in Congress, however,</quote> she continues, <quote>that

 could change this. A few congressmen are floating a bill to extend the
 terms of copyright by twenty years. That bill would be extraordinarily
 could change this. A few congressmen are floating a bill to extend the
 terms of copyright by twenty years. That bill would be extraordinarily

-valuable to us. So we should hope this bill passes."
+valuable to us. So we should hope this bill passes.</quote>

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

-"Hope?" a fellow board member says. "Can't we be doing something
-about it?"
+<quote>Hope?</quote> a fellow board member says. <quote>Can't we be doing something
+about it?</quote>

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

-"Well, obviously, yes," the adviser responds. "We could contribute
+<quote>Well, obviously, yes,</quote> the adviser responds. <quote>We could contribute

 to the campaigns of a number of representatives to try to assure that
 to the campaigns of a number of representatives to try to assure that

-they support the bill."
+they support the bill.</quote>

 </para>
 <para>
 You hate politics. You hate contributing to campaigns. So you want
 </para>
 <para>
 You hate politics. You hate contributing to campaigns. So you want

-to know whether this disgusting practice is worth it. "How much
-would we get if this extension were passed?" you ask the adviser. "How
-much is it worth?"
+to know whether this disgusting practice is worth it. <quote>How much
+would we get if this extension were passed?</quote> you ask the adviser. <quote>How
+much is it worth?</quote>

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

-"Well," the adviser says, "if you're confident that you will continue
+<quote>Well,</quote> the adviser says, <quote>if you're confident that you will continue

 to get at least $100,000 a year from these copyrights, and you use the
 `discount rate' that we use to evaluate estate investments (6 percent),
 to get at least $100,000 a year from these copyrights, and you use the
 `discount rate' that we use to evaluate estate investments (6 percent),

-then this law would be worth $1,146,000 to the estate."
+then this law would be worth $1,146,000 to the estate.</quote>

 </para>
 <para>
 You're a bit shocked by the number, but you quickly come to the
 correct conclusion:
 </para>
 <para>
 </para>
 <para>
 You're a bit shocked by the number, but you quickly come to the
 correct conclusion:
 </para>
 <para>

-"So you're saying it would be worth it for us to pay more than
+<quote>So you're saying it would be worth it for us to pay more than

 $1,000,000 in campaign contributions if we were confident those 
                contributions
 $1,000,000 in campaign contributions if we were confident those 
                contributions

-would assure that the bill was passed?"
+would assure that the bill was passed?</quote>

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

-"Absolutely," the adviser responds. "It is worth it to you to 
+<quote>Absolutely,</quote> the adviser responds. <quote>It is worth it to you to 

                contribute
 up to the `present value' of the income you expect from these
                contribute
 up to the `present value' of the income you expect from these

-copyrights. Which for us means over $1,000,000."
+copyrights. Which for us means over $1,000,000.</quote>

 </para>
 <para>
 You quickly get the point&mdash;you as the member of the board and, I
 </para>
 <para>
 You quickly get the point&mdash;you as the member of the board and, I


@@ -10342,45 +11289,47 @@ the world to buy further extensions of copyright.
 <para>
 In the lobbying that led to the passage of the Sonny Bono 
                Copyright
 <para>
 In the lobbying that led to the passage of the Sonny Bono 
                Copyright

-Term Extension Act, this "theory" about incentives was proved
+Term Extension Act, this <quote>theory</quote> about incentives was proved

 real. Ten of the thirteen original sponsors of the act in the House
 received the maximum contribution from Disney's political action
 committee; in the Senate, eight of the twelve sponsors received 
                contributions.<footnote><para>
 real. Ten of the thirteen original sponsors of the act in the House
 received the maximum contribution from Disney's political action
 committee; in the Senate, eight of the twelve sponsors received 
                contributions.<footnote><para>

-<!-- f3. --> Associated Press, "Disney Lobbying for Copyright Extension No Mickey
-Mouse Effort; Congress OKs Bill Granting Creators 20 More Years,"
+<!-- f3. --> Associated Press, <quote>Disney Lobbying for Copyright Extension No Mickey
+Mouse Effort; Congress OKs Bill Granting Creators 20 More Years,</quote>

 <citetitle>Chicago Tribune</citetitle>, 17 October 1998, 22.
 </para></footnote>
  The RIAA and the MPAA are estimated to have spent over
 $1.5 million lobbying in the 1998 election cycle. They paid out more
 than $200,000 in campaign contributions.<footnote><para>
 <citetitle>Chicago Tribune</citetitle>, 17 October 1998, 22.
 </para></footnote>
  The RIAA and the MPAA are estimated to have spent over
 $1.5 million lobbying in the 1998 election cycle. They paid out more
 than $200,000 in campaign contributions.<footnote><para>

-<!-- f4. --> See Nick Brown, "Fair Use No More?: Copyright in the Information
-Age," available at 
+<!-- f4. --> See Nick Brown, <quote>Fair Use No More?: Copyright in the Information
+Age,</quote> available at 

 <ulink url="http://free-culture.cc/notes/">link #49</ulink>.
 </para></footnote>
  Disney is estimated to have
 contributed more than $800,000 to reelection campaigns in the
 cycle.<footnote><para>
 <!-- f5. -->
 <ulink url="http://free-culture.cc/notes/">link #49</ulink>.
 </para></footnote>
  Disney is estimated to have
 contributed more than $800,000 to reelection campaigns in the
 cycle.<footnote><para>
 <!-- f5. -->

-Alan K. Ota, "Disney in Washington: The Mouse That Roars,"
+Alan K. Ota, <quote>Disney in Washington: The Mouse That Roars,</quote>

 <citetitle>Congressional Quarterly This Week</citetitle>, 8 August 1990, available at
 <ulink url="http://free-culture.cc/notes/">link #50</ulink>.
 </para></footnote>
 
 </para>
 <para>
 <citetitle>Congressional Quarterly This Week</citetitle>, 8 August 1990, available at
 <ulink url="http://free-culture.cc/notes/">link #50</ulink>.
 </para></footnote>
 
 </para>
 <para>

-Constitutional law is not oblivious to the obvious. Or at least,
-it need not be. So when I was considering Eldred's complaint, this 
-               reality
-about the never-ending incentives to increase the copyright term
-was central to my thinking. In my view, a pragmatic court committed
-to interpreting and applying the Constitution of our framers would see
-that if Congress has the power to extend existing terms, then there
-would be no effective constitutional requirement that terms be 
-               "limited."
-If they could extend it once, they would extend it again and again
-and again.
+<emphasis role='strong'>Constitutional law</emphasis> is not oblivious
+to the obvious. Or at least, it need not be. So when I was considering
+Eldred's complaint, this reality about the never-ending incentives to
+increase the copyright term was central to my thinking. In my view, a
+pragmatic court committed to interpreting and applying the
+Constitution of our framers would see that if Congress has the power
+to extend existing terms, then there would be no effective
+constitutional requirement that terms be <quote>limited.</quote> If
+they could extend it once, they would extend it again and again and
+again.

 </para>
 </para>

+<indexterm startref='idxcongressuscopyrighttermsextendedby2' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof6' class='endofrange'/>
+<indexterm startref='idxcopyrightlawtermextensionsin2' class='endofrange'/>

 <para>
 It was also my judgment that <emphasis>this</emphasis> Supreme Court
 would not allow Congress to extend existing terms. As anyone close to
 <para>
 It was also my judgment that <emphasis>this</emphasis> Supreme Court
 would not allow Congress to extend existing terms. As anyone close to


@@ -10397,9 +11346,9 @@ guns near schools.
 <para>
 Since 1937, the Supreme Court had interpreted Congress's granted
 powers very broadly; so, while the Constitution grants Congress the
 <para>
 Since 1937, the Supreme Court had interpreted Congress's granted
 powers very broadly; so, while the Constitution grants Congress the

-power to regulate only "commerce among the several states" (aka 
-               "interstate
-commerce"), the Supreme Court had interpreted that power to
+power to regulate only <quote>commerce among the several states</quote> (aka 
+               <quote>interstate
+commerce</quote>), the Supreme Court had interpreted that power to

 include the power to regulate any activity that merely affected 
                interstate
 commerce.
 include the power to regulate any activity that merely affected 
                interstate
 commerce.


@@ -10411,6 +11360,7 @@ activity, when considered on a national scale, affects interstate
 commerce.  A Constitution designed to limit Congress's power was
 instead interpreted to impose no limit.
 </para>
 commerce.  A Constitution designed to limit Congress's power was
 instead interpreted to impose no limit.
 </para>

+<indexterm><primary>Rehnquist, William H.</primary></indexterm>

 <para>
 The Supreme Court, under Chief Justice Rehnquist's command, changed
 that in <citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>. The government had
 <para>
 The Supreme Court, under Chief Justice Rehnquist's command, changed
 that in <citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>. The government had


@@ -10425,7 +11375,7 @@ commerce. The Supreme Court, the government said, was not in the
 position to second-guess Congress.
 </para>
 <para>
 position to second-guess Congress.
 </para>
 <para>

-"We pause to consider the implications of the government's arguments,"
+<quote>We pause to consider the implications of the government's arguments,</quote>

 the Chief Justice wrote.<footnote><para>
 <!-- f6. --> <citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>, 514 U.S. 549, 564 (1995).
 </para></footnote>
 the Chief Justice wrote.<footnote><para>
 <!-- f6. --> <citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>, 514 U.S. 549, 564 (1995).
 </para></footnote>


@@ -10449,13 +11399,13 @@ regulate commerce&mdash;the limitation to interstate commerce
 notwithstanding. The same point is true in the context of the
 Copyright Clause. Here, too, the government's interpretation would
 allow the government unending power to regulate copyrights&mdash;the
 notwithstanding. The same point is true in the context of the
 Copyright Clause. Here, too, the government's interpretation would
 allow the government unending power to regulate copyrights&mdash;the

-limitation to "limited times" notwithstanding.
+limitation to <quote>limited times</quote> notwithstanding.

 </para></footnote>
 And if it is applied to the Progress Clause, the principle should
 yield the conclusion that Congress
 <!-- PAGE BREAK 227 -->
 can't extend an existing term. If Congress could extend an existing
 </para></footnote>
 And if it is applied to the Progress Clause, the principle should
 yield the conclusion that Congress
 <!-- PAGE BREAK 227 -->
 can't extend an existing term. If Congress could extend an existing

-term, then there would be no "stopping point" to Congress's power over
+term, then there would be no <quote>stopping point</quote> to Congress's power over

 terms, though the Constitution expressly states that there is such a
 limit. Thus, the same principle applied to the power to grant
 copyrights should entail that Congress is not allowed to extend the
 terms, though the Constitution expressly states that there is such a
 limit. Thus, the same principle applied to the power to grant
 copyrights should entail that Congress is not allowed to extend the


@@ -10468,15 +11418,20 @@ politics&mdash;a conservative Supreme Court, which believed in states'
 rights, using its power over Congress to advance its own personal
 political preferences. But I rejected that view of the Supreme Court's
 decision. Indeed, shortly after the decision, I wrote an article
 rights, using its power over Congress to advance its own personal
 political preferences. But I rejected that view of the Supreme Court's
 decision. Indeed, shortly after the decision, I wrote an article

-demonstrating the "fidelity" in such an interpretation of the
+demonstrating the <quote>fidelity</quote> in such an interpretation of the

 Constitution. The idea that the Supreme Court decides cases based upon
 its politics struck me as extraordinarily boring.  I was not going to
 devote my life to teaching constitutional law if these nine Justices
 were going to be petty politicians.
 </para>
 Constitution. The idea that the Supreme Court decides cases based upon
 its politics struck me as extraordinarily boring.  I was not going to
 devote my life to teaching constitutional law if these nine Justices
 were going to be petty politicians.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>copyright purpose established in</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>constitutional purpose of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 <para>

-Now let's pause for a moment to make sure we understand what the
-argument in <citetitle>Eldred</citetitle> was not about. By insisting on the
+<emphasis role='strong'>Now let's pause</emphasis> for a moment to
+make sure we understand what the argument in
+<citetitle>Eldred</citetitle> was not about. By insisting on the

 Constitution's limits to copyright, obviously Eldred was not endorsing
 piracy.  Indeed, in an obvious sense, he was fighting a kind of
 piracy&mdash;piracy of the public domain. When Robert Frost wrote his
 Constitution's limits to copyright, obviously Eldred was not endorsing
 piracy.  Indeed, in an obvious sense, he was fighting a kind of
 piracy&mdash;piracy of the public domain. When Robert Frost wrote his


@@ -10491,12 +11446,13 @@ get another twenty-year dollop of monopoly. That twenty-year dollop
 would be taken from the public domain. Eric Eldred was fighting a
 piracy that affects us all.
 </para>
 would be taken from the public domain. Eric Eldred was fighting a
 piracy that affects us all.
 </para>

+<indexterm><primary>Nashville Songwriters Association</primary></indexterm>

 <para>
 Some people view the public domain with contempt. In their brief
 
 <!-- PAGE BREAK 228 -->
 before the Supreme Court, the Nashville Songwriters Association
 <para>
 Some people view the public domain with contempt. In their brief
 
 <!-- PAGE BREAK 228 -->
 before the Supreme Court, the Nashville Songwriters Association

-wrote that the public domain is nothing more than "legal piracy."<footnote><para>
+wrote that the public domain is nothing more than <quote>legal piracy.</quote><footnote><para>

 <!-- f9. -->
 Brief of the Nashville Songwriters Association, <citetitle>Eldred</citetitle>
 v. <citetitle>Ashcroft</citetitle>, 537 U.S.  186 (2003) (No. 01-618), n.10, available
 <!-- f9. -->
 Brief of the Nashville Songwriters Association, <citetitle>Eldred</citetitle>
 v. <citetitle>Ashcroft</citetitle>, 537 U.S.  186 (2003) (No. 01-618), n.10, available


@@ -10520,18 +11476,15 @@ not expired, and will not expire, so long as Congress is free to be
 bought to extend them again.
 </para>
 <para>
 bought to extend them again.
 </para>
 <para>

-It is valuable copyrights that are responsible for terms being 
-               extended.
-Mickey Mouse and "Rhapsody in Blue." These works are too
-valuable for copyright owners to ignore. But the real harm to our 
-               society
-from copyright extensions is not that Mickey Mouse remains 
-               Disney's.
-Forget Mickey Mouse. Forget Robert Frost. Forget all the works
-from the 1920s and 1930s that have continuing commercial value. The
-real harm of term extension comes not from these famous works. The
-real harm is to the works that are not famous, not commercially 
-               exploited,
+<emphasis role='strong'>It is valuable</emphasis> copyrights that are
+responsible for terms being extended.  Mickey Mouse and
+<quote>Rhapsody in Blue.</quote> These works are too valuable for
+copyright owners to ignore. But the real harm to our society from
+copyright extensions is not that Mickey Mouse remains Disney's.
+Forget Mickey Mouse. Forget Robert Frost. Forget all the works from
+the 1920s and 1930s that have continuing commercial value. The real
+harm of term extension comes not from these famous works. The real
+harm is to the works that are not famous, not commercially exploited,

 and no longer available as a result.
 </para>
 <para>
 and no longer available as a result.
 </para>
 <para>


@@ -10561,6 +11514,7 @@ 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


@@ -10590,9 +11544,9 @@ of such records&mdash;especially since the person who registered is
 not necessarily the current owner. And we're just talking about 1930!
 </para>
 <para>
 not necessarily the current owner. And we're just talking about 1930!
 </para>
 <para>

-"But there isn't a list of who owns property generally," the
-apologists for the system respond. "Why should there be a list of
-copyright owners?"
+<quote>But there isn't a list of who owns property generally,</quote> the
+apologists for the system respond. <quote>Why should there be a list of
+copyright owners?</quote>

 </para>
 <para>
 Well, actually, if you think about it, there <emphasis>are</emphasis>
 </para>
 <para>
 Well, actually, if you think about it, there <emphasis>are</emphasis>


@@ -10636,7 +11590,10 @@ 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>
+<indexterm><primary>Lucky Dog, The</primary></indexterm>

 <para>
 Consider the story of Michael Agee, chairman of Hal Roach Studios,
 which owns the copyrights for the Laurel and Hardy films. Agee is a
 <para>
 Consider the story of Michael Agee, chairman of Hal Roach Studios,
 which owns the copyrights for the Laurel and Hardy films. Agee is a


@@ -10645,17 +11602,15 @@ made between 1921 and 1951. Only one of these films, <citetitle>The Lucky Dog</c
 currently out of copyright. But for the CTEA, films made after 1923
 would have begun entering the public domain. Because Agee controls the
 exclusive rights for these popular films, he makes a great deal of
 currently out of copyright. But for the CTEA, films made after 1923
 would have begun entering the public domain. Because Agee controls the
 exclusive rights for these popular films, he makes a great deal of

-money. According to one estimate, "Roach has sold about 60,000
+money. According to one estimate, <quote>Roach has sold about 60,000

 videocassettes and 50,000 DVDs of the duo's silent
 videocassettes and 50,000 DVDs of the duo's silent

-films."<footnote><para>
+films.</quote><footnote><para>

 <!-- f11. -->
 <!-- f11. -->

-See David G. Savage, "High Court Scene of Showdown on Copyright Law,"
-<citetitle>Los Angeles Times</citetitle>, 6 October 2002; David Streitfeld, "Classic Movies,
+See David G. Savage, <quote>High Court Scene of Showdown on Copyright Law,</quote>
+<citetitle>Los Angeles Times</citetitle>, 6 October 2002; David Streitfeld, <quote>Classic Movies,

 Songs, Books at Stake; Supreme Court Hears Arguments Today on Striking
 Songs, Books at Stake; Supreme Court Hears Arguments Today on Striking

-Down Copyright Extension," <citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002.
+Down Copyright Extension,</quote> <citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002.

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

-
-<indexterm><primary>Lucky Dog, The</primary></indexterm>

 </para>
 <para>
 Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in
 </para>
 <para>
 Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in


@@ -10680,7 +11635,7 @@ For most of the history of film, the costs of restoring film were very
 high; digital technology has lowered these costs substantially. While
 it cost more than $10,000 to restore a ninety-minute black-and-white
 film in 1993, it can now cost as little as $100 to digitize one hour of
 high; digital technology has lowered these costs substantially. While
 it cost more than $10,000 to restore a ninety-minute black-and-white
 film in 1993, it can now cost as little as $100 to digitize one hour of

-mm film.<footnote><para>
+8 mm film.<footnote><para>

 <!-- f12. -->
 Brief of Hal Roach Studios and Michael Agee as Amicus Curiae
 Supporting the Petitoners, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537
 <!-- f12. -->
 Brief of Hal Roach Studios and Michael Agee as Amicus Curiae
 Supporting the Petitoners, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537


@@ -10708,8 +11663,8 @@ to be an extremely large number. Thus the costs of clearing the rights
 to these films is exceptionally high.
 </para>
 <para>
 to these films is exceptionally high.
 </para>
 <para>

-"But can't you just restore the film, distribute it, and then pay the
-copyright owner when she shows up?" Sure, if you want to commit a
+<quote>But can't you just restore the film, distribute it, and then pay the
+copyright owner when she shows up?</quote> Sure, if you want to commit a

 felony. And even if you're not worried about committing a felony, when
 she does show up, she'll have the right to sue you for all the profits you
 have made. So, if you're successful, you can be fairly confident you'll be
 felony. And even if you're not worried about committing a felony, when
 she does show up, she'll have the right to sue you for all the profits you
 have made. So, if you're successful, you can be fairly confident you'll be


@@ -10728,6 +11683,7 @@ 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


@@ -10737,13 +11693,12 @@ in which they are now stored will be filled with nothing more
 than dust.
 </para>
 <para>
 than dust.
 </para>
 <para>

-Of all the creative work produced by humans anywhere, a tiny
-fraction has continuing commercial value. For that tiny fraction, the
-copyright is a crucially important legal device. For that tiny fraction,
-the copyright creates incentives to produce and distribute the 
-               creative
-work. For that tiny fraction, the copyright acts as an "engine of
-free expression."
+<emphasis role='strong'>Of all the</emphasis> creative work produced
+by humans anywhere, a tiny fraction has continuing commercial
+value. For that tiny fraction, the copyright is a crucially important
+legal device. For that tiny fraction, the copyright creates incentives
+to produce and distribute the creative work. For that tiny fraction,
+the copyright acts as an <quote>engine of free expression.</quote>

 </para>
 <para>
 But even for that tiny fraction, the actual time during which the
 </para>
 <para>
 But even for that tiny fraction, the actual time during which the


@@ -10804,6 +11759,7 @@ 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.


@@ -10839,22 +11795,23 @@ related to the spread of knowledge. In this context, copyright is not
 an engine of free expression. Copyright is a brake.
 </para>
 <para>
 an engine of free expression. Copyright is a brake.
 </para>
 <para>

-You may well ask, "But if digital technologies lower the costs for
+You may well ask, <quote>But if digital technologies lower the costs for

 Brewster Kahle, then they will lower the costs for Random House, too.
 So won't Random House do as well as Brewster Kahle in spreading
 Brewster Kahle, then they will lower the costs for Random House, too.
 So won't Random House do as well as Brewster Kahle in spreading

-culture widely?"
+culture widely?</quote>

 </para>
 <para>
 Maybe. Someday. But there is absolutely no evidence to suggest that
 publishers would be as complete as libraries. If Barnes &amp; Noble
 offered to lend books from its stores for a low price, would that
 eliminate the need for libraries? Only if you think that the only role
 </para>
 <para>
 Maybe. Someday. But there is absolutely no evidence to suggest that
 publishers would be as complete as libraries. If Barnes &amp; Noble
 offered to lend books from its stores for a low price, would that
 eliminate the need for libraries? Only if you think that the only role

-of a library is to serve what "the market" would demand. But if you
+of a library is to serve what <quote>the market</quote> would demand. But if you

 think the role of a library is bigger than this&mdash;if you think its
 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>
 think the role of a library is bigger than this&mdash;if you think its
 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>

+<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


@@ -10864,23 +11821,24 @@ market is not doing the job, then we should allow nonmarket forces the
 <!-- PAGE BREAK 235 -->
 freedom to fill the gaps. As one researcher calculated for American
 culture, 94 percent of the films, books, and music produced between
 <!-- PAGE BREAK 235 -->
 freedom to fill the gaps. As one researcher calculated for American
 culture, 94 percent of the films, books, and music produced between

-and 1946 is not commercially available. However much you love the
+1923 and 1946 is not commercially available. However much you love the

 commercial market, if access is a value, then 6 percent is a failure
 to provide that value.<footnote><para>
 <!-- f13. -->
 commercial market, if access is a value, then 6 percent is a failure
 to provide that value.<footnote><para>
 <!-- f13. -->

-Jason Schultz, "The Myth of the 1976 Copyright `Chaos' Theory," 20
+Jason Schultz, <quote>The Myth of the 1976 Copyright `Chaos' Theory,</quote> 20

 December 2002, available at
 <ulink url="http://free-culture.cc/notes/">link #54</ulink>.
 </para></footnote>
 
 </para>
 <para>
 December 2002, available at
 <ulink url="http://free-culture.cc/notes/">link #54</ulink>.
 </para></footnote>
 
 </para>
 <para>

-In January 1999, we filed a lawsuit on Eric Eldred's behalf in federal
-district court in Washington, D.C., asking the court to declare the
-Sonny Bono Copyright Term Extension Act unconstitutional. The two
-central claims that we made were (1) that extending existing terms
-violated the Constitution's "limited Times" requirement, and (2) that
-extending terms by another twenty years violated the First Amendment.
+<emphasis role='strong'>In January 1999</emphasis>, we filed a lawsuit
+on Eric Eldred's behalf in federal district court in Washington, D.C.,
+asking the court to declare the Sonny Bono Copyright Term Extension
+Act unconstitutional. The two central claims that we made were (1)
+that extending existing terms violated the Constitution's
+<quote>limited Times</quote> requirement, and (2) that extending terms
+by another twenty years violated the First Amendment.

 </para>
 <para>
 The district court dismissed our claims without even hearing an
 </para>
 <para>
 The district court dismissed our claims without even hearing an


@@ -10891,12 +11849,12 @@ judges on that court. That dissent gave our claims life.
 </para>
 <para>
 Judge David Sentelle said the CTEA violated the requirement that
 </para>
 <para>
 Judge David Sentelle said the CTEA violated the requirement that

-copyrights be for "limited Times" only. His argument was as elegant as
+copyrights be for <quote>limited Times</quote> only. His argument was as elegant as

 it was simple: If Congress can extend existing terms, then there is no
 it was simple: If Congress can extend existing terms, then there is no

-"stopping point" to Congress's power under the Copyright Clause. The
+<quote>stopping point</quote> to Congress's power under the Copyright Clause. The

 power to extend existing terms means Congress is not required to grant
 power to extend existing terms means Congress is not required to grant

-terms that are "limited." Thus, Judge Sentelle argued, the court had
-to interpret the term "limited Times" to give it meaning. And the best
+terms that are <quote>limited.</quote> Thus, Judge Sentelle argued, the court had
+to interpret the term <quote>limited Times</quote> to give it meaning. And the best

 interpretation, Judge Sentelle argued, would be to deny Congress the
 power to extend existing terms.
 </para>
 interpretation, Judge Sentelle argued, would be to deny Congress the
 power to extend existing terms.
 </para>


@@ -10904,8 +11862,9 @@ power to extend existing terms.
 We asked the Court of Appeals for the D.C. Circuit as a whole to
 hear the case. Cases are ordinarily heard in panels of three, except for
 important cases or cases that raise issues specific to the circuit as a
 We asked the Court of Appeals for the D.C. Circuit as a whole to
 hear the case. Cases are ordinarily heard in panels of three, except for
 important cases or cases that raise issues specific to the circuit as a

-whole, where the court will sit "en banc" to hear the case.
+whole, where the court will sit <quote>en banc</quote> to hear the case.

 </para>
 </para>

+<indexterm><primary>Tatel, David</primary></indexterm>

 <para>
 The Court of Appeals rejected our request to hear the case en banc.
 This time, Judge Sentelle was joined by the most liberal member of the
 <para>
 The Court of Appeals rejected our request to hear the case en banc.
 This time, Judge Sentelle was joined by the most liberal member of the


@@ -10929,14 +11888,15 @@ was set for October of 2002. The summer would be spent writing
 briefs and preparing for argument.
 </para>
 <para>
 briefs and preparing for argument.
 </para>
 <para>

-It is over a year later as I write these words. It is still
-astonishingly hard. If you know anything at all about this story, you
-know that we lost the appeal. And if you know something more than just
-the minimum, you probably think there was no way this case could have
-been won. After our defeat, I received literally thousands of missives
-by well-wishers and supporters, thanking me for my work on behalf of
-this noble but doomed cause. And none from this pile was more
-significant to me than the e-mail from my client, Eric Eldred.
+<emphasis role='strong'>It is over</emphasis> a year later as I write
+these words. It is still astonishingly hard. If you know anything at
+all about this story, you know that we lost the appeal. And if you
+know something more than just the minimum, you probably think there
+was no way this case could have been won. After our defeat, I received
+literally thousands of missives by well-wishers and supporters,
+thanking me for my work on behalf of this noble but doomed cause. And
+none from this pile was more significant to me than the e-mail from my
+client, Eric Eldred.

 </para>
 <para>
 But my client and these friends were wrong. This case could have
 </para>
 <para>
 But my client and these friends were wrong. This case could have


@@ -10946,11 +11906,11 @@ mistake lost it.
 </para>
 <indexterm><primary>Steward, Geoffrey</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Steward, Geoffrey</primary></indexterm>
 <para>

-The mistake was made early, though it became obvious only at the very
-end. Our case had been supported from the very beginning by an
-extraordinary lawyer, Geoffrey Stewart, and by the law firm he had
-moved to, Jones, Day, Reavis and Pogue. Jones Day took a great deal of
-heat
+<emphasis role='strong'>The mistake</emphasis> was made early, though
+it became obvious only at the very end. Our case had been supported
+from the very beginning by an extraordinary lawyer, Geoffrey Stewart,
+and by the law firm he had moved to, Jones, Day, Reavis and
+Pogue. Jones Day took a great deal of heat

 <!-- PAGE BREAK 237 -->
 from its copyright-protectionist clients for supporting us. They
 ignored this pressure (something that few law firms today would ever
 <!-- PAGE BREAK 237 -->
 from its copyright-protectionist clients for supporting us. They
 ignored this pressure (something that few law firms today would ever


@@ -10964,18 +11924,18 @@ There were three key lawyers on the case from Jones Day. Geoff
 Stewart was the first, but then Dan Bromberg and Don Ayer became
 quite involved. Bromberg and Ayer in particular had a common view
 about how this case would be won: We would only win, they repeatedly
 Stewart was the first, but then Dan Bromberg and Don Ayer became
 quite involved. Bromberg and Ayer in particular had a common view
 about how this case would be won: We would only win, they repeatedly

-told me, if we could make the issue seem "important" to the Supreme
+told me, if we could make the issue seem <quote>important</quote> to the Supreme

 Court. It had to seem as if dramatic harm were being done to free
 Court. It had to seem as if dramatic harm were being done to free

-speech and free culture; otherwise, they would never vote against "the
-most powerful media companies in the world."
+speech and free culture; otherwise, they would never vote against <quote>the
+most powerful media companies in the world.</quote>

 </para>
 <para>
 I hate this view of the law. Of course I thought the Sonny Bono Act
 was a dramatic harm to free speech and free culture. Of course I still
 think it is. But the idea that the Supreme Court decides the law based
 on how important they believe the issues are is just wrong. It might be
 </para>
 <para>
 I hate this view of the law. Of course I thought the Sonny Bono Act
 was a dramatic harm to free speech and free culture. Of course I still
 think it is. But the idea that the Supreme Court decides the law based
 on how important they believe the issues are is just wrong. It might be

-"right" as in "true," I thought, but it is "wrong" as in "it just shouldn't be
-that way." As I believed that any faithful interpretation of what the
+<quote>right</quote> as in <quote>true,</quote> I thought, but it is <quote>wrong</quote> as in <quote>it just shouldn't be
+that way.</quote> As I believed that any faithful interpretation of what the

 framers of our Constitution did would yield the conclusion that the
 CTEA was unconstitutional, and as I believed that any faithful 
                interpretation
 framers of our Constitution did would yield the conclusion that the
 CTEA was unconstitutional, and as I believed that any faithful 
                interpretation


@@ -11017,21 +11977,21 @@ the widest range of credible critics&mdash;credible not because they
 were rich and famous, but because they, in the aggregate, demonstrated
 that this law was unconstitutional regardless of one's politics.
 </para>
 were rich and famous, but because they, in the aggregate, demonstrated
 that this law was unconstitutional regardless of one's politics.
 </para>

+<indexterm><primary>Eagle Forum</primary></indexterm>
+<indexterm><primary>Schlafly, Phyllis</primary></indexterm>

 <para>
 The first step happened all by itself. Phyllis Schlafly's
 organization, Eagle Forum, had been an opponent of the CTEA from the
 very beginning.  Mrs. Schlafly viewed the CTEA as a sellout by
 Congress. In November 1998, she wrote a stinging editorial attacking
 the Republican Congress for allowing the law to pass. As she wrote,
 <para>
 The first step happened all by itself. Phyllis Schlafly's
 organization, Eagle Forum, had been an opponent of the CTEA from the
 very beginning.  Mrs. Schlafly viewed the CTEA as a sellout by
 Congress. In November 1998, she wrote a stinging editorial attacking
 the Republican Congress for allowing the law to pass. As she wrote,

-"Do you sometimes wonder why bills that create a financial windfall to
+<quote>Do you sometimes wonder why bills that create a financial windfall to

 narrow special interests slide easily through the intricate
 legislative process, while bills that benefit the general public seem
 narrow special interests slide easily through the intricate
 legislative process, while bills that benefit the general public seem

-to get bogged down?"  The answer, as the editorial documented, was the
+to get bogged down?</quote>  The answer, as the editorial documented, was the

 power of money.  Schlafly enumerated Disney's contributions to the key
 players on the committees. It was money, not justice, that gave Mickey
 Mouse twenty more years in Disney's control, Schlafly argued.
 power of money.  Schlafly enumerated Disney's contributions to the key
 players on the committees. It was money, not justice, that gave Mickey
 Mouse twenty more years in Disney's control, Schlafly argued.

-<indexterm><primary>Eagle Forum</primary></indexterm>
-<indexterm><primary>Schlafly, Phyllis</primary></indexterm>

 </para>
 <para>
 In the Court of Appeals, Eagle Forum was eager to file a brief
 </para>
 <para>
 In the Court of Appeals, Eagle Forum was eager to file a brief


@@ -11041,27 +12001,32 @@ existing copyrights, there is no limit to Congress's power to set
 terms.  That strong conservative argument persuaded a strong
 conservative judge, Judge Sentelle.
 </para>
 terms.  That strong conservative argument persuaded a strong
 conservative judge, Judge Sentelle.
 </para>

+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Intel</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>Eagle Forum</primary></indexterm>

 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 it gets. They included an extraordinary historical brief by the Free
 
 <!-- PAGE BREAK 239 -->
 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 it gets. They included an extraordinary historical brief by the Free
 
 <!-- PAGE BREAK 239 -->

-Software Foundation (home of the GNU project that made GNU/ Linux
+Software Foundation (home of the GNU project that made GNU/Linux

 possible). They included a powerful brief about the costs of
 uncertainty by Intel. There were two law professors' briefs, one by
 copyright scholars and one by First Amendment scholars. There was an
 exhaustive and uncontroverted brief by the world's experts in the
 history of the Progress Clause. And of course, there was a new brief
 by Eagle Forum, repeating and strengthening its arguments.
 possible). They included a powerful brief about the costs of
 uncertainty by Intel. There were two law professors' briefs, one by
 copyright scholars and one by First Amendment scholars. There was an
 exhaustive and uncontroverted brief by the world's experts in the
 history of the Progress Clause. And of course, there was a new brief
 by Eagle Forum, repeating and strengthening its arguments.

-<indexterm><primary>Linux operating system</primary></indexterm>
-<indexterm><primary>Eagle Forum</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>American Association of Law Libraries</primary></indexterm>
+<indexterm><primary>National Writers Union</primary></indexterm>

 <para>
 Those briefs framed a legal argument. Then to support the legal
 argument, there were a number of powerful briefs by libraries and
 archives, including the Internet Archive, the American Association of
 Law Libraries, and the National Writers Union.
 </para>
 <para>
 Those briefs framed a legal argument. Then to support the legal
 argument, there were a number of powerful briefs by libraries and
 archives, including the Internet Archive, the American Association of
 Law Libraries, and the National Writers Union.
 </para>

+<indexterm><primary>Hal Roach Studios</primary></indexterm>

 <para>
 But two briefs captured the policy argument best. One made the
 argument I've already described: A brief by Hal Roach Studios argued
 <para>
 But two briefs captured the policy argument best. One made the
 argument I've already described: A brief by Hal Roach Studios argued


@@ -11082,9 +12047,13 @@ the list of Nobel winners demonstrates, spanned the political
 spectrum. Their conclusions were powerful: There was no plausible
 claim that extending the terms of existing copyrights would do
 anything to increase incentives to create. Such extensions were
 spectrum. Their conclusions were powerful: There was no plausible
 claim that extending the terms of existing copyrights would do
 anything to increase incentives to create. Such extensions were

-nothing more than "rent-seeking"&mdash;the fancy term economists use
+nothing more than <quote>rent-seeking</quote>&mdash;the fancy term economists use

 to describe special-interest legislation gone wild.
 </para>
 to describe special-interest legislation gone wild.
 </para>

+<indexterm><primary>Fried, Charles</primary></indexterm>
+<indexterm><primary>Morrison, Alan</primary></indexterm>
+<indexterm><primary>Public Citizen</primary></indexterm>
+<indexterm><primary>Reagan, Ronald</primary></indexterm>

 <para>
 The same effort at balance was reflected in the legal team we gathered
 to write our briefs in the case. The Jones Day lawyers had been with
 <para>
 The same effort at balance was reflected in the legal team we gathered
 to write our briefs in the case. The Jones Day lawyers had been with


@@ -11098,8 +12067,10 @@ Kathleen Sullivan, who had argued many cases in the Court, and
 <!-- PAGE BREAK 240 -->
 who had advised us early on about a First Amendment strategy; and
 finally, former solicitor general Charles Fried.
 <!-- PAGE BREAK 240 -->
 who had advised us early on about a First Amendment strategy; and
 finally, former solicitor general Charles Fried.

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>Fried, Charles</primary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>constitutional powers of</secondary></indexterm>
+<indexterm><primary>Constitution, U.S.</primary><secondary>Commerce Clause of</secondary></indexterm>

 <para>
 Fried was a special victory for our side. Every other former solicitor
 general was hired by the other side to defend Congress's power to give
 <para>
 Fried was a special victory for our side. Every other former solicitor
 general was hired by the other side to defend Congress's power to give


@@ -11111,11 +12082,10 @@ limited Congress's power in the context of the Commerce Clause. And
 while he had argued many positions in the Supreme Court that I
 personally disagreed with, his joining the cause was a vote of
 confidence in our argument.
 while he had argued many positions in the Supreme Court that I
 personally disagreed with, his joining the cause was a vote of
 confidence in our argument.

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 <para>
 The government, in defending the statute, had its collection of
 </para>
 <para>
 The government, in defending the statute, had its collection of

-friends, as well. Significantly, however, none of these "friends" included
+friends, as well. Significantly, however, none of these <quote>friends</quote> included

 historians or economists. The briefs on the other side of the case were
 written exclusively by major media companies, congressmen, and
 copyright holders.
 historians or economists. The briefs on the other side of the case were
 written exclusively by major media companies, congressmen, and
 copyright holders.


@@ -11129,39 +12099,41 @@ that the copyright holders would defend the idea that they should
 continue to have the right to control who did what with content they
 wanted to control.
 </para>
 continue to have the right to control who did what with content they
 wanted to control.
 </para>

+<indexterm><primary>Gershwin, George</primary></indexterm>
+<indexterm><primary>Porgy and Bess</primary></indexterm>
+<indexterm><primary>pornography</primary></indexterm>

 <para>
 Dr. Seuss's representatives, for example, argued that it was
 better for the Dr. Seuss estate to control what happened to
 Dr. Seuss's work&mdash; better than allowing it to fall into the
 public domain&mdash;because if this creativity were in the public
 <para>
 Dr. Seuss's representatives, for example, argued that it was
 better for the Dr. Seuss estate to control what happened to
 Dr. Seuss's work&mdash; better than allowing it to fall into the
 public domain&mdash;because if this creativity were in the public

-domain, then people could use it to "glorify drugs or to create
-pornography."<footnote><para>
+domain, then people could use it to <quote>glorify drugs or to create
+pornography.</quote><footnote><para>

 <!-- f14. -->
 Brief of Amici Dr. Seuss Enterprise et al., <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537
 U.S.  (2003) (No. 01-618), 19.
 </para></footnote>
 That was also the motive of the Gershwin estate, which defended its
 <!-- f14. -->
 Brief of Amici Dr. Seuss Enterprise et al., <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537
 U.S.  (2003) (No. 01-618), 19.
 </para></footnote>
 That was also the motive of the Gershwin estate, which defended its

-"protection" of the work of George Gershwin. They refuse, for example,
+<quote>protection</quote> of the work of George Gershwin. They refuse, for example,

 to license <citetitle>Porgy and Bess</citetitle> to anyone who refuses to use African
 Americans in the cast.<footnote><para>
 <!-- f15. -->
 to license <citetitle>Porgy and Bess</citetitle> to anyone who refuses to use African
 Americans in the cast.<footnote><para>
 <!-- f15. -->

-Dinitia Smith, "Immortal Words, Immortal Royalties? Even Mickey
-Mouse Joins the Fray," <citetitle>New York Times</citetitle>, 28 March 1998, B7.
+Dinitia Smith, <quote>Immortal Words, Immortal Royalties? Even Mickey
+Mouse Joins the Fray,</quote> <citetitle>New York Times</citetitle>, 28 March 1998, B7.

 </para></footnote>
 That's
 <!-- PAGE BREAK 241 -->
 their view of how this part of American culture should be controlled,
 and they wanted this law to help them effect that control.
 </para></footnote>
 That's
 <!-- PAGE BREAK 241 -->
 their view of how this part of American culture should be controlled,
 and they wanted this law to help them effect that control.

-<indexterm><primary>Gershwin, George</primary></indexterm>

 </para>
 <para>
 This argument made clear a theme that is rarely noticed in this
 debate.  When Congress decides to extend the term of existing
 copyrights, Congress is making a choice about which speakers it will
 favor.  Famous and beloved copyright owners, such as the Gershwin
 </para>
 <para>
 This argument made clear a theme that is rarely noticed in this
 debate.  When Congress decides to extend the term of existing
 copyrights, Congress is making a choice about which speakers it will
 favor.  Famous and beloved copyright owners, such as the Gershwin

-estate and Dr. Seuss, come to Congress and say, "Give us twenty years
+estate and Dr. Seuss, come to Congress and say, <quote>Give us twenty years

 to control the speech about these icons of American culture. We'll do
 to control the speech about these icons of American culture. We'll do

-better with them than anyone else." Congress of course likes to reward
+better with them than anyone else.</quote> Congress of course likes to reward

 the popular and famous by giving them what they want. But when
 Congress gives people an exclusive right to speak in a certain way,
 that's just what the First Amendment is traditionally meant to block.
 the popular and famous by giving them what they want. But when
 Congress gives people an exclusive right to speak in a certain way,
 that's just what the First Amendment is traditionally meant to block.


@@ -11172,20 +12144,26 @@ mean that there was no limit to the power of Congress to extend
 copyrights&mdash;extensions that would further concentrate the market;
 it would also mean that there was no limit to Congress's power to play
 favorites, through copyright, with who has the right to speak.
 copyrights&mdash;extensions that would further concentrate the market;
 it would also mean that there was no limit to Congress's power to play
 favorites, through copyright, with who has the right to speak.

-Between February and October, there was little I did beyond preparing
-for this case. Early on, as I said, I set the strategy.

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

-The Supreme Court was divided into two important camps. One
-camp we called "the Conservatives." The other we called "the Rest."
-The Conservatives included Chief Justice Rehnquist, Justice O'Connor,
+<emphasis role='strong'>Between February</emphasis> and October, there
+was little I did beyond preparing for this case. Early on, as I said,
+I set the strategy.
+</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
+Conservatives included Chief Justice Rehnquist, Justice O'Connor,

 Justice Scalia, Justice Kennedy, and Justice Thomas. These five had
 been the most consistent in limiting Congress's power. They were the
 Justice Scalia, Justice Kennedy, and Justice Thomas. These five had
 been the most consistent in limiting Congress's power. They were the

-five who had supported the <citetitle>Lopez/Morrison</citetitle> line of cases that said that
-an enumerated power had to be interpreted to assure that Congress's
-powers had limits.
+five who had supported the <citetitle>Lopez/Morrison</citetitle> line
+of cases that said that an enumerated power had to be interpreted to
+assure that Congress's powers had limits.

 </para>
 <indexterm><primary>Breyer, Stephen</primary></indexterm>
 </para>
 <indexterm><primary>Breyer, Stephen</primary></indexterm>

+<indexterm id='idxginsburg' class='startofrange'><primary>Ginsburg, Ruth Bader</primary></indexterm>

 <para>
 The Rest were the four Justices who had strongly opposed limits on
 Congress's power. These four&mdash;Justice Stevens, Justice Souter,
 <para>
 The Rest were the four Justices who had strongly opposed limits on
 Congress's power. These four&mdash;Justice Stevens, Justice Souter,


@@ -11218,6 +12196,7 @@ also very sensitive to free speech concerns. And as we strongly
 believed, there was a very important free speech argument against
 these retrospective extensions.
 </para>
 believed, there was a very important free speech argument against
 these retrospective extensions.
 </para>

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

 <para>
 The only vote we could be confident about was that of Justice
 Stevens. History will record Justice Stevens as one of the greatest
 <para>
 The only vote we could be confident about was that of Justice
 Stevens. History will record Justice Stevens as one of the greatest


@@ -11227,45 +12206,46 @@ had consistently argued for limits in the context of intellectual property
 generally. We were fairly confident he would recognize limits here.
 </para>
 <para>
 generally. We were fairly confident he would recognize limits here.
 </para>
 <para>

-This analysis of "the Rest" showed most clearly where our focus
-had to be: on the Conservatives. To win this case, we had to crack open
-these five and get at least a majority to go our way. Thus, the single 
-               overriding
-argument that animated our claim rested on the Conservatives'
-most important jurisprudential innovation&mdash;the argument that Judge
-Sentelle had relied upon in the Court of Appeals, that Congress's power
-must be interpreted so that its enumerated powers have limits.
+This analysis of <quote>the Rest</quote> showed most clearly where our focus had to
+be: on the Conservatives. To win this case, we had to crack open these
+five and get at least a majority to go our way. Thus, the single
+overriding argument that animated our claim rested on the
+Conservatives' most important jurisprudential innovation&mdash;the
+argument that Judge Sentelle had relied upon in the Court of Appeals,
+that Congress's power must be interpreted so that its enumerated
+powers have limits.

 </para>
 <para>
 This then was the core of our strategy&mdash;a strategy for which I am
 responsible. We would get the Court to see that just as with the
 <citetitle>Lopez</citetitle>
 </para>
 <para>
 This then was the core of our strategy&mdash;a strategy for which I am
 responsible. We would get the Court to see that just as with the
 <citetitle>Lopez</citetitle>

-

 <!-- PAGE BREAK 243 -->
 case, under the government's argument here, Congress would always have
 unlimited power to extend existing terms. If anything was plain about
 Congress's power under the Progress Clause, it was that this power was
 <!-- PAGE BREAK 243 -->
 case, under the government's argument here, Congress would always have
 unlimited power to extend existing terms. If anything was plain about
 Congress's power under the Progress Clause, it was that this power was

-supposed to be "limited." Our aim would be to get the Court to
-reconcile <citetitle>Eldred</citetitle> with <citetitle>Lopez</citetitle>: If Congress's power to
-regulate commerce was limited, then so, too, must Congress's power to
-regulate copyright be limited.
+supposed to be <quote>limited.</quote> Our aim would be to get the Court to
+reconcile <citetitle>Eldred</citetitle> with
+<citetitle>Lopez</citetitle>: If Congress's power to regulate commerce
+was limited, then so, too, must Congress's power to regulate copyright
+be limited.

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

-The argument on the government's side came down to this: Congress has
-done it before. It should be allowed to do it again. The government
-claimed that from the very beginning, Congress has been extending the
-term of existing copyrights. So, the government argued, the Court
-should not now say that practice is unconstitutional.
+<emphasis role='strong'>The argument</emphasis> on the government's
+side came down to this: Congress has done it before. It should be
+allowed to do it again. The government claimed that from the very
+beginning, Congress has been extending the term of existing
+copyrights. So, the government argued, the Court should not now say
+that practice is unconstitutional.

 </para>
 <para>
 There was some truth to the government's claim, but not much. We
 </para>
 <para>
 There was some truth to the government's claim, but not much. We

-certainly agreed that Congress had extended existing terms in
+certainly agreed that Congress had extended existing terms in 1831

 and in 1909. And of course, in 1962, Congress began extending 
                existing
 terms regularly&mdash;eleven times in forty years.
 </para>
 <para>
 and in 1909. And of course, in 1962, Congress began extending 
                existing
 terms regularly&mdash;eleven times in forty years.
 </para>
 <para>

-But this "consistency" should be kept in perspective. Congress 
+But this <quote>consistency</quote> should be kept in perspective. Congress 

                extended
 existing terms once in the first hundred years of the Republic.
 It then extended existing terms once again in the next fifty. Those rare
                extended
 existing terms once in the first hundred years of the Republic.
 It then extended existing terms once again in the next fifty. Those rare


@@ -11278,13 +12258,15 @@ was no reason to expect that cycle would end. This Court had not
                hesitated
 to intervene where Congress was in a similar cycle of extension.
 There was no reason it couldn't intervene here.
                hesitated
 to intervene where Congress was in a similar cycle of extension.
 There was no reason it couldn't intervene here.

-Oral argument was scheduled for the first week in October. I 
-               arrived
-in D.C. two weeks before the argument. During those two
-weeks, I was repeatedly "mooted" by lawyers who had volunteered to
+</para>
+<para>
+<emphasis role='strong'>Oral argument</emphasis> was scheduled for the
+first week in October. I arrived in D.C. two weeks before the
+argument. During those two weeks, I was repeatedly
+<quote>mooted</quote> by lawyers who had volunteered to

 
 <!-- PAGE BREAK 244 -->
 
 <!-- PAGE BREAK 244 -->

-help in the case. Such "moots" are basically practice rounds, where
+help in the case. Such <quote>moots</quote> are basically practice rounds, where

 wannabe justices fire questions at wannabe winners.
 </para>
 <para>
 wannabe justices fire questions at wannabe winners.
 </para>
 <para>


@@ -11298,19 +12280,20 @@ were an effective practice; I found ways to take every question back to
 this central idea.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 this central idea.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>

+<indexterm><primary>Reagan, Ronald</primary></indexterm>
+<indexterm><primary>Fried, Charles</primary></indexterm>

 <para>
 One moot was before the lawyers at Jones Day. Don Ayer was the
 skeptic. He had served in the Reagan Justice Department with Solicitor
 General Charles Fried. He had argued many cases before the Supreme
 Court. And in his review of the moot, he let his concern speak:
 <para>
 One moot was before the lawyers at Jones Day. Don Ayer was the
 skeptic. He had served in the Reagan Justice Department with Solicitor
 General Charles Fried. He had argued many cases before the Supreme
 Court. And in his review of the moot, he let his concern speak:

-<indexterm><primary>Fried, Charles</primary></indexterm>

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

-"I'm just afraid that unless they really see the harm, they won't be
+<quote>I'm just afraid that unless they really see the harm, they won't be

 willing to upset this practice that the government says has been a
 consistent practice for two hundred years. You have to make them see
 the harm&mdash;passionately get them to see the harm. For if they
 willing to upset this practice that the government says has been a
 consistent practice for two hundred years. You have to make them see
 the harm&mdash;passionately get them to see the harm. For if they

-don't see that, then we haven't any chance of winning."
+don't see that, then we haven't any chance of winning.</quote>

 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <para>


@@ -11322,9 +12305,12 @@ does the right thing&mdash;not because of politics but because it is right. As
 I listened to Ayer's plea for passion in pressing politics, I understood
 his point, and I rejected it. Our argument was right. That was enough.
 Let the politicians learn to see that it was also good.
 I listened to Ayer's plea for passion in pressing politics, I understood
 his point, and I rejected it. Our argument was right. That was enough.
 Let the politicians learn to see that it was also good.

-The night before the argument, a line of people began to form
-in front of the Supreme Court. The case had become a focus of the
-press and of the movement to free culture. Hundreds stood in line
+</para>
+<para>
+<emphasis role='strong'>The night before</emphasis> the argument, a
+line of people began to form in front of the Supreme Court. The case
+had become a focus of the press and of the movement to free
+culture. Hundreds stood in line

 
 <!-- PAGE BREAK 245 -->
 for the chance to see the proceedings. Scores spent the night on the
 
 <!-- PAGE BREAK 245 -->
 for the chance to see the proceedings. Scores spent the night on the


@@ -11351,6 +12337,7 @@ 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.


@@ -11364,8 +12351,8 @@ practice that began with the very first act.
 </para>
 </blockquote>
 <para>
 </para>
 </blockquote>
 <para>

-She was quite willing to concede "that this flies directly in the face
-of what the framers had in mind." But my response again and again
+She was quite willing to concede <quote>that this flies directly in the face
+of what the framers had in mind.</quote> But my response again and again

 was to emphasize limits on Congress's power.
 </para>
 <blockquote>
 was to emphasize limits on Congress's power.
 </para>
 <blockquote>


@@ -11438,6 +12425,7 @@ 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


@@ -11466,8 +12454,9 @@ Copyright and Patent Clause. All true. But it wasn't going to move the
 Court to my side.
 </para>
 <para>
 Court to my side.
 </para>
 <para>

-As I left the court that day, I knew there were a hundred points I
-wished I could remake. There were a hundred questions I wished I had
+<emphasis role='strong'>As I left</emphasis> the court that day, I
+knew there were a hundred points I wished I could remake. There were a
+hundred questions I wished I had

 
 <!-- PAGE BREAK 248 -->
 answered differently. But one way of thinking about this case left me
 
 <!-- PAGE BREAK 248 -->
 answered differently. But one way of thinking about this case left me


@@ -11489,11 +12478,12 @@ the Conservatives&mdash;would feel itself constrained by the rule of
 law that it had established elsewhere.
 </para>
 <para>
 law that it had established elsewhere.
 </para>
 <para>

-The morning of January 15, 2003, I was five minutes late to the office
-and missed the 7:00 A.M. call from the Supreme Court clerk. Listening to
-the message, I could tell in an instant that she had bad news to report.The
-Supreme Court had affirmed the decision of the Court of Appeals. Seven
-justices had voted in the majority. There were two dissents.
+<emphasis role='strong'>The morning</emphasis> of January 15, 2003, I
+was five minutes late to the office and missed the 7:00 A.M. call from
+the Supreme Court clerk. Listening to the message, I could tell in an
+instant that she had bad news to report.The Supreme Court had affirmed
+the decision of the Court of Appeals. Seven justices had voted in the
+majority. There were two dissents.

 </para>
 <para>
 A few seconds later, the opinions arrived by e-mail. I took the
 </para>
 <para>
 A few seconds later, the opinions arrived by e-mail. I took the


@@ -11513,6 +12503,7 @@ distinguish the principle in this case from the principle in
 cited. The argument that was the core argument of our case did not
 even appear in the Court's opinion.
 </para>
 cited. The argument that was the core argument of our case did not
 even appear in the Court's opinion.
 </para>

+<indexterm><primary>Ginsburg, Ruth Bader</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 249 -->
 <para>
 
 <!-- PAGE BREAK 249 -->


@@ -11570,7 +12561,7 @@ said that under the current term, a copyright gave an author 99.8
 percent of the value of a perpetual term. Breyer said we were wrong,
 that the actual number was 99.9997 percent of a perpetual term. Either
 way, the point was clear: If the Constitution said a term had to be
 percent of the value of a perpetual term. Breyer said we were wrong,
 that the actual number was 99.9997 percent of a perpetual term. Either
 way, the point was clear: If the Constitution said a term had to be

-"limited," and the existing term was so long as to be effectively
+<quote>limited,</quote> and the existing term was so long as to be effectively

 unlimited, then it was unconstitutional.
 </para>
 <para>
 unlimited, then it was unconstitutional.
 </para>
 <para>


@@ -11581,22 +12572,24 @@ anyone having addressed the argument that we had carried from Judge
 Sentelle. It was <citetitle>Hamlet</citetitle> without the Prince.
 </para>
 <para>
 Sentelle. It was <citetitle>Hamlet</citetitle> without the Prince.
 </para>
 <para>

-Defeat brings depression. They say it is a sign of health when
-depression gives way to anger. My anger came quickly, but it didn't cure
-the depression. This anger was of two sorts.
+<emphasis role='strong'>Defeat brings depression</emphasis>. They say
+it is a sign of health when depression gives way to anger. My anger
+came quickly, but it didn't cure the depression. This anger was of two
+sorts.

 </para>
 </para>

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

 <para>
 <para>

-It was first anger with the five "Conservatives." It would have been
+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
 apply in this case. That wouldn't have been a very convincing
 argument, I don't believe, having read it made by others, and having
 tried to make it myself. But it at least would have been an act of
 integrity.  These justices in particular have repeatedly said that the
 one thing for them to have explained why the principle of <citetitle>Lopez</citetitle> didn't
 apply in this case. That wouldn't have been a very convincing
 argument, I don't believe, having read it made by others, and having
 tried to make it myself. But it at least would have been an act of
 integrity.  These justices in particular have repeatedly said that the

-proper mode of interpreting the Constitution is "originalism"&mdash;to
+proper mode of interpreting the Constitution is <quote>originalism</quote>&mdash;to

 first understand the framers' text, interpreted in their context, in
 light of the structure of the Constitution. That method had produced
 first understand the framers' text, interpreted in their context, in
 light of the structure of the Constitution. That method had produced

-<citetitle>Lopez</citetitle> and many other "originalist" rulings. Where was their
-"originalism" now?
+<citetitle>Lopez</citetitle> and many other <quote>originalist</quote> rulings. Where was their
+<quote>originalism</quote> now?

 </para>
 <para>
 Here, they had joined an opinion that never once tried to explain
 </para>
 <para>
 Here, they had joined an opinion that never once tried to explain


@@ -11651,11 +12644,11 @@ passion I had used elsewhere. It was not the basis on which a court
 should decide the issue.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 should decide the issue.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>

+<indexterm><primary>Fried, Charles</primary></indexterm>

 <para>
 Would it have been different if I had argued it differently? Would it
 have been different if Don Ayer had argued it? Or Charles Fried? Or
 Kathleen Sullivan?
 <para>
 Would it have been different if I had argued it differently? Would it
 have been different if Don Ayer had argued it? Or Charles Fried? Or
 Kathleen Sullivan?

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 <para>
 My friends huddled around me to insist it would not. The Court
 </para>
 <para>
 My friends huddled around me to insist it would not. The Court


@@ -11670,13 +12663,13 @@ little reason to resist doing right. I can't help but think that if I had
 stepped down from this pretty picture of dispassionate justice, I could
 have persuaded.
 </para>
 stepped down from this pretty picture of dispassionate justice, I could
 have persuaded.
 </para>

+<indexterm><primary>Jaszi, Peter</primary></indexterm>

 <para>
 And even if I couldn't, then that doesn't excuse what happened in
 January. For at the start of this case, one of America's leading
 intellectual property professors stated publicly that my bringing this
 <para>
 And even if I couldn't, then that doesn't excuse what happened in
 January. For at the start of this case, one of America's leading
 intellectual property professors stated publicly that my bringing this

-case was a mistake. "The Court is not ready," Peter Jaszi said; this
+case was a mistake. <quote>The Court is not ready,</quote> Peter Jaszi said; this

 issue should not be raised until it is.
 issue should not be raised until it is.

-<indexterm><primary>Jaszi, Peter</primary></indexterm>

 </para>
 <para>
 After the argument and after the decision, Peter said to me, and
 </para>
 <para>
 After the argument and after the decision, Peter said to me, and


@@ -11686,10 +12679,13 @@ here again Peter was right. Either I was not ready to argue this case in
 a way that would do some good or they were not ready to hear this case
 in a way that would do some good. Either way, the decision to bring
 this case&mdash;a decision I had made four years before&mdash;was wrong.
 a way that would do some good or they were not ready to hear this case
 in a way that would do some good. Either way, the decision to bring
 this case&mdash;a decision I had made four years before&mdash;was wrong.

-While the reaction to the Sonny Bono Act itself was almost
-unanimously negative, the reaction to the Court's decision was mixed.
-No one, at least in the press, tried to say that extending the term of
-copyright was a good idea. We had won that battle over ideas. Where
+</para>
+<para>
+<emphasis role='strong'>While the reaction</emphasis> to the Sonny
+Bono Act itself was almost unanimously negative, the reaction to the
+Court's decision was mixed.  No one, at least in the press, tried to
+say that extending the term of copyright was a good idea. We had won
+that battle over ideas. Where

 
 <!-- PAGE BREAK 253 -->
 the decision was praised, it was praised by papers that had been
 
 <!-- PAGE BREAK 253 -->
 the decision was praised, it was praised by papers that had been


@@ -11711,32 +12707,39 @@ in a time of such fruitful creative ferment.
 <para>
 The best responses were in the cartoons. There was a gaggle of
 hilarious images&mdash;of Mickey in jail and the like. The best, from
 <para>
 The best responses were in the cartoons. There was a gaggle of
 hilarious images&mdash;of Mickey in jail and the like. The best, from

-my view of the case, was Ruben Bolling's, reproduced on the next
-page. The "powerful and wealthy" line is a bit unfair. But the punch
-in the face felt exactly like that.
+my view of the case, was Ruben Bolling's, reproduced on the next page
+(<xref linkend="fig-18"/>). The <quote>powerful and wealthy</quote> line is a bit
+unfair. But the punch in the face felt exactly like that.

 <indexterm><primary>Bolling, Ruben</primary></indexterm>
 </para>
 <indexterm><primary>Bolling, Ruben</primary></indexterm>
 </para>

+<figure id="fig-18">
+<title>Tom the Dancing Bug cartoon</title>
+<graphic fileref="images/18.png" align="center" width="95%"></graphic>
+<indexterm><primary>Bolling, Ruben</primary></indexterm>
+</figure>

 <para>
 The image that will always stick in my head is that evoked by the
 <para>
 The image that will always stick in my head is that evoked by the

-quote from <citetitle>The New York Times</citetitle>. That "grand experiment" we call the
-"public domain" is over? When I can make light of it, I think, "Honey,
-I shrunk the Constitution." But I can rarely make light of it. We had
+quote from <citetitle>The New York Times</citetitle>. That <quote>grand experiment</quote> we call the
+<quote>public domain</quote> is over? When I can make light of it, I think, <quote>Honey,
+I shrunk the Constitution.</quote> But I can rarely make light of it. We had

 in our Constitution a commitment to free culture. In the case that I
 fathered, the Supreme Court effectively renounced that commitment. A
 better lawyer would have made them see differently.
 </para>
 <!-- PAGE BREAK 254 -->
 </chapter>
 in our Constitution a commitment to free culture. In the case that I
 fathered, the Supreme Court effectively renounced that commitment. A
 better lawyer would have made them see differently.
 </para>
 <!-- PAGE BREAK 254 -->
 </chapter>

-<chapter id="eldred-ii">
+<chapter label="14" id="eldred-ii">

 <title>CHAPTER FOURTEEN: Eldred II</title>
 <para>
 <title>CHAPTER FOURTEEN: Eldred II</title>
 <para>

-The day <citetitle>Eldred</citetitle> was decided, fate would have it that I was to travel to
-Washington, D.C. (The day the rehearing petition in <citetitle>Eldred</citetitle> was
-denied&mdash;meaning the case was really finally over&mdash;fate would
-have it that I was giving a speech to technologists at Disney World.)
-This was a particularly long flight to my least favorite city. The
-drive into the city from Dulles was delayed because of traffic, so I
-opened up my computer and wrote an op-ed piece.
+<emphasis role='strong'>The day</emphasis>
+<citetitle>Eldred</citetitle> was decided, fate would have it that I
+was to travel to Washington, D.C. (The day the rehearing petition in
+<citetitle>Eldred</citetitle> was denied&mdash;meaning the case was
+really finally over&mdash;fate would have it that I was giving a
+speech to technologists at Disney World.)  This was a particularly
+long flight to my least favorite city. The drive into the city from
+Dulles was delayed because of traffic, so I opened up my computer and
+wrote an op-ed piece.

 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <para>


@@ -11744,9 +12747,9 @@ It was an act of contrition. During the whole of the flight from San
 Francisco to Washington, I had heard over and over again in my head
 the same advice from Don Ayer: You need to make them see why it is
 important. And alternating with that command was the question of
 Francisco to Washington, I had heard over and over again in my head
 the same advice from Don Ayer: You need to make them see why it is
 important. And alternating with that command was the question of

-Justice Kennedy: "For all these years the act has impeded progress in
+Justice Kennedy: <quote>For all these years the act has impeded progress in

 science and the useful arts. I just don't see any empirical evidence for
 science and the useful arts. I just don't see any empirical evidence for

-that." And so, having failed in the argument of constitutional principle,
+that.</quote> And so, having failed in the argument of constitutional principle,

 finally, I turned to an argument of politics.
 </para>
 <para>
 finally, I turned to an argument of politics.
 </para>
 <para>


@@ -11764,8 +12767,8 @@ he said early on, it won't get passed unless it has another name.
 </para>
 <para>
 Or another two names. For depending upon your perspective, this
 </para>
 <para>
 Or another two names. For depending upon your perspective, this

-is either the "Public Domain Enhancement Act" or the "Copyright
-Term Deregulation Act." Either way, the essence of the idea is clear
+is either the <quote>Public Domain Enhancement Act</quote> or the <quote>Copyright
+Term Deregulation Act.</quote> Either way, the essence of the idea is clear

 and obvious: Remove copyright where it is doing nothing except
 blocking access and the spread of knowledge. Leave it for as long as
 Congress allows for those works where its worth is at least $1. But for
 and obvious: Remove copyright where it is doing nothing except
 blocking access and the spread of knowledge. Leave it for as long as
 Congress allows for those works where its worth is at least $1. But for


@@ -11799,17 +12802,19 @@ where copyright owners could be identified.
 <indexterm><primary>Berne Convention (1908)</primary></indexterm>
 <para>
 <!-- PAGE BREAK 257 -->
 <indexterm><primary>Berne Convention (1908)</primary></indexterm>
 <para>
 <!-- PAGE BREAK 257 -->

-As I described in chapter 10, formalities in copyright law were
+As I described in chapter <xref xrefstyle="select: labelnumber"
+linkend="property-i"/>, formalities in copyright law were

 removed in 1976, when Congress followed the Europeans by abandoning
 any formal requirement before a copyright is granted.<footnote><para>
 <!-- f1. -->
 removed in 1976, when Congress followed the Europeans by abandoning
 any formal requirement before a copyright is granted.<footnote><para>
 <!-- f1. -->

+<indexterm><primary>German copyright law</primary></indexterm>

 Until the 1908 Berlin Act of the Berne Convention, national copyright
 legislation sometimes made protection depend upon compliance with
 formalities such as registration, deposit, and affixation of notice of
 the author's claim of copyright. However, starting with the 1908 act,
 Until the 1908 Berlin Act of the Berne Convention, national copyright
 legislation sometimes made protection depend upon compliance with
 formalities such as registration, deposit, and affixation of notice of
 the author's claim of copyright. However, starting with the 1908 act,

-every text of the Convention has provided that "the enjoyment and the
-exercise" of rights guaranteed by the Convention "shall not be subject
-to any formality."  The prohibition against formalities is presently
+every text of the Convention has provided that <quote>the enjoyment and the
+exercise</quote> of rights guaranteed by the Convention <quote>shall not be subject
+to any formality.</quote>  The prohibition against formalities is presently

 embodied in Article 5(2) of the Paris Text of the Berne
 Convention. Many countries continue to impose some form of deposit or
 registration requirement, albeit not as a condition of
 embodied in Article 5(2) of the Paris Text of the Berne
 Convention. Many countries continue to impose some form of deposit or
 registration requirement, albeit not as a condition of


@@ -11821,7 +12826,7 @@ of Authors where the author's true name can be filed in the case of
 anonymous or pseudonymous works. Paul Goldstein, <citetitle>International
 Intellectual Property Law, Cases and Materials</citetitle> (New York: Foundation
 Press, 2001), 153&ndash;54.  </para></footnote>
 anonymous or pseudonymous works. Paul Goldstein, <citetitle>International
 Intellectual Property Law, Cases and Materials</citetitle> (New York: Foundation
 Press, 2001), 153&ndash;54.  </para></footnote>

-The Europeans are said to view copyright as a "natural right." Natural
+The Europeans are said to view copyright as a <quote>natural right.</quote> Natural

 rights don't need forms to exist. Traditions, like the Anglo-American
 tradition that required copyright owners to follow form if their
 rights were to be protected, did not, the Europeans thought, properly
 rights don't need forms to exist. Traditions, like the Anglo-American
 tradition that required copyright owners to follow form if their
 rights were to be protected, did not, the Europeans thought, properly


@@ -11832,7 +12837,7 @@ creativity, not upon the special favor of the government.
 That's great rhetoric. It sounds wonderfully romantic. But it is
 absurd copyright policy. It is absurd especially for authors, because
 a world without formalities harms the creator. The ability to spread
 That's great rhetoric. It sounds wonderfully romantic. But it is
 absurd copyright policy. It is absurd especially for authors, because
 a world without formalities harms the creator. The ability to spread

-"Walt Disney creativity" is destroyed when there is no simple way to
+<quote>Walt Disney creativity</quote> is destroyed when there is no simple way to

 know what's protected and what's not.
 </para>
 <indexterm><primary>Berne Convention (1908)</primary></indexterm>
 know what's protected and what's not.
 </para>
 <indexterm><primary>Berne Convention (1908)</primary></indexterm>


@@ -11869,7 +12874,7 @@ a moral claim as well. There was no reason that creative property
 <!-- PAGE BREAK 258 -->
 should be a second-class form of property. If a carpenter builds a
 table, his rights over the table don't depend upon filing a form with
 <!-- PAGE BREAK 258 -->
 should be a second-class form of property. If a carpenter builds a
 table, his rights over the table don't depend upon filing a form with

-the government.  He has a property right over the table "naturally,"
+the government.  He has a property right over the table <quote>naturally,</quote>

 and he can assert that right against anyone who would steal the table,
 whether or not he has informed the government of his ownership of the
 table.
 and he can assert that right against anyone who would steal the table,
 whether or not he has informed the government of his ownership of the
 table.


@@ -11917,9 +12922,9 @@ a world without formalities. Complex, expensive,
 <para>
 This was the understanding of the problem with the Sonny Bono
 Act that we tried to demonstrate to the Court. This was the part it
 <para>
 This was the understanding of the problem with the Sonny Bono
 Act that we tried to demonstrate to the Court. This was the part it

-didn't "get." Because we live in a system without formalities, there is no
+didn't <quote>get.</quote> Because we live in a system without formalities, there is no

 way easily to build upon or use culture from our past. If copyright
 way easily to build upon or use culture from our past. If copyright

-terms were, as Justice Story said they would be, "short," then this
+terms were, as Justice Story said they would be, <quote>short,</quote> then this

 wouldn't matter much. For fourteen years, under the framers' system, a
 work would be presumptively controlled. After fourteen years, it would
 be presumptively uncontrolled.
 wouldn't matter much. For fourteen years, under the framers' system, a
 work would be presumptively controlled. After fourteen years, it would
 be presumptively uncontrolled.


@@ -11972,20 +12977,21 @@ into the public domain within fifty years. What do you think?
 </para>
 <indexterm><primary>Forbes, Steve</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Forbes, Steve</primary></indexterm>
 <para>

-When Steve Forbes endorsed the idea, some in Washington began to pay
-attention. Many people contacted me pointing to representatives who
-might be willing to introduce the Eldred Act. And I had a few who
-directly suggested that they might be willing to take the first step.
+<emphasis role='strong'>When Steve Forbes</emphasis> endorsed the
+idea, some in Washington began to pay attention. Many people contacted
+me pointing to representatives who might be willing to introduce the
+Eldred Act. And I had a few who directly suggested that they might be
+willing to take the first step.

 </para>
 </para>

+<indexterm><primary>Lofgren, Zoe</primary></indexterm>

 <para>
 One representative, Zoe Lofgren of California, went so far as to get
 the bill drafted. The draft solved any problem with international
 law. It imposed the simplest requirement upon copyright owners
 possible. In May 2003, it looked as if the bill would be
 <para>
 One representative, Zoe Lofgren of California, went so far as to get
 the bill drafted. The draft solved any problem with international
 law. It imposed the simplest requirement upon copyright owners
 possible. In May 2003, it looked as if the bill would be

-introduced. On May 16, I posted on the Eldred Act blog, "we are
-close." There was a general reaction in the blog community that
+introduced. On May 16, I posted on the Eldred Act blog, <quote>we are
+close.</quote> There was a general reaction in the blog community that

 something good might happen here.
 something good might happen here.

-<indexterm><primary>Lofgren, Zoe</primary></indexterm>

 </para>
 <para>
 But at this stage, the lobbyists began to intervene. Jack Valenti and
 </para>
 <para>
 But at this stage, the lobbyists began to intervene. Jack Valenti and


@@ -11996,9 +13002,9 @@ Act. The reasons are embarrassingly thin. More importantly, their
 thinness shows something clear about what this debate is really about.
 </para>
 <para>
 thinness shows something clear about what this debate is really about.
 </para>
 <para>

-The MPAA argued first that Congress had "firmly rejected the central
-concept in the proposed bill"&mdash;that copyrights be renewed. That
-was true, but irrelevant, as Congress's "firm rejection" had occurred
+The MPAA argued first that Congress had <quote>firmly rejected the central
+concept in the proposed bill</quote>&mdash;that copyrights be renewed. That
+was true, but irrelevant, as Congress's <quote>firm rejection</quote> had occurred

 <!-- PAGE BREAK 261 -->
 long before the Internet made subsequent uses much more likely.
 Second, they argued that the proposal would harm poor copyright
 <!-- PAGE BREAK 261 -->
 long before the Internet made subsequent uses much more likely.
 Second, they argued that the proposal would harm poor copyright


@@ -12008,7 +13014,7 @@ term would encourage restoration work. Maybe in the case of the small
 percentage of work covered by copyright law that is still commercially
 valuable, but again this was irrelevant, as the proposal would not cut
 off the extended term unless the $1 fee was not paid. Fourth, the MPAA
 percentage of work covered by copyright law that is still commercially
 valuable, but again this was irrelevant, as the proposal would not cut
 off the extended term unless the $1 fee was not paid. Fourth, the MPAA

-argued that the bill would impose "enormous" costs, since a
+argued that the bill would impose <quote>enormous</quote> costs, since a

 registration system is not free. True enough, but those costs are
 certainly less than the costs of clearing the rights for a copyright
 whose owner is not known. Fifth, they worried about the risks if the
 registration system is not free. True enough, but those costs are
 certainly less than the costs of clearing the rights for a copyright
 whose owner is not known. Fifth, they worried about the risks if the


@@ -12025,14 +13031,14 @@ or not&mdash;a controversial claim in any case&mdash;unless they know
 about a copyright, they're not likely to.
 </para>
 <para>
 about a copyright, they're not likely to.
 </para>
 <para>

-At the beginning of this book, I told two stories about the law
-reacting to changes in technology. In the one, common sense prevailed.
-In the other, common sense was delayed. The difference between the two
-stories was the power of the opposition&mdash;the power of the side
-that fought to defend the status quo. In both cases, a new technology
-threatened old interests. But in only one case did those interest's
-have the power to protect themselves against this new competitive
-threat.
+<emphasis role='strong'>At the beginning</emphasis> of this book, I
+told two stories about the law reacting to changes in technology. In
+the one, common sense prevailed.  In the other, common sense was
+delayed. The difference between the two stories was the power of the
+opposition&mdash;the power of the side that fought to defend the
+status quo. In both cases, a new technology threatened old
+interests. But in only one case did those interest's have the power to
+protect themselves against this new competitive threat.

 </para>
 <para>
 I used these two cases as a way to frame the war that this book has
 </para>
 <para>
 I used these two cases as a way to frame the war that this book has


@@ -12054,14 +13060,15 @@ possible still to understand why the law favors Hollywood: Most people
 don't recognize the reasons for limiting copyright terms; it is thus
 still possible to see good faith within the resistance.
 </para>
 don't recognize the reasons for limiting copyright terms; it is thus
 still possible to see good faith within the resistance.
 </para>

+<indexterm><primary>Kelly, Kevin</primary></indexterm>

 <para>
 But when the copyright owners oppose a proposal such as the Eldred
 Act, then, finally, there is an example that lays bare the naked
 selfinterest driving this war. This act would free an extraordinary
 range of content that is otherwise unused. It wouldn't interfere with
 any copyright owner's desire to exercise continued control over his
 <para>
 But when the copyright owners oppose a proposal such as the Eldred
 Act, then, finally, there is an example that lays bare the naked
 selfinterest driving this war. This act would free an extraordinary
 range of content that is otherwise unused. It wouldn't interfere with
 any copyright owner's desire to exercise continued control over his

-content. It would simply liberate what Kevin Kelly calls the "Dark
-Content" that fills archives around the world. So when the warriors
+content. It would simply liberate what Kevin Kelly calls the <quote>Dark
+Content</quote> that fills archives around the world. So when the warriors

 oppose a change like this, we should ask one simple question:
 </para>
 <para>
 oppose a change like this, we should ask one simple question:
 </para>
 <para>


@@ -12081,7 +13088,7 @@ first.
 <para>
 The opposition to the Eldred Act reveals how extreme the other side
 is. The most powerful and sexy and well loved of lobbies really has as
 <para>
 The opposition to the Eldred Act reveals how extreme the other side
 is. The most powerful and sexy and well loved of lobbies really has as

-its aim not the protection of "property" but the rejection of a
+its aim not the protection of <quote>property</quote> but the rejection of a

 tradition.  Their aim is not simply to protect what is
 theirs. <emphasis>Their aim is to assure that all there is is what is
 theirs</emphasis>.
 tradition.  Their aim is not simply to protect what is
 theirs. <emphasis>Their aim is to assure that all there is is what is
 theirs</emphasis>.


@@ -12107,25 +13114,30 @@ block the progress of others.
 </para>
 <para>
 All this seems to follow easily from this untroubled acceptance of the
 </para>
 <para>
 All this seems to follow easily from this untroubled acceptance of the

-"property" in intellectual property. Common sense supports it, and so
+<quote>property</quote> in intellectual property. Common sense supports it, and so

 long as it does, the assaults will rain down upon the technologies of
 long as it does, the assaults will rain down upon the technologies of

-the Internet. The consequence will be an increasing "permission
-society."  The past can be cultivated only if you can identify the
+the Internet. The consequence will be an increasing <quote>permission
+society.</quote>  The past can be cultivated only if you can identify the

 owner and gain permission to build upon his work. The future will be
 controlled by this dead (and often unfindable) hand of the past.
 </para>
 <!-- PAGE BREAK 264 -->
 </chapter>
 </part>
 owner and gain permission to build upon his work. The future will be
 controlled by this dead (and often unfindable) hand of the past.
 </para>
 <!-- PAGE BREAK 264 -->
 </chapter>
 </part>

-<part id="c-conclusion">
+<chapter label="15" id="c-conclusion">

 <title>CONCLUSION</title>
 <title>CONCLUSION</title>

-<partintro>
+<indexterm id='idxafricamedicationsforhivpatientsin' class='startofrange'><primary>Africa, medications for HIV patients in</primary></indexterm>
+<indexterm id='idxaidsmedications' class='startofrange'><primary>AIDS medications</primary></indexterm>
+<indexterm id='idxantiretroviraldrugs' class='startofrange'><primary>antiretroviral drugs</primary></indexterm>
+<indexterm id='idxdevelopingcountriesforeignpatentcostsin2' class='startofrange'><primary>developing countries, foreign patent costs in</primary></indexterm>
+<indexterm id='idxdrugspharmaceutical' class='startofrange'><primary>drugs</primary><secondary>pharmaceutical</secondary></indexterm>
+<indexterm id='idxhivaidstherapies' class='startofrange'><primary>HIV/AIDS therapies</primary></indexterm>

 <para>
 <para>

-There are more than 35 million people with the AIDS virus
-worldwide. Twenty-five million of them live in sub-Saharan Africa.
-Seventeen million have already died. Seventeen million Africans
-is proportional percentage-wise to seven million Americans. More
-importantly, it is seventeen million Africans.
+<emphasis role='strong'>There are more</emphasis> than 35 million
+people with the AIDS virus worldwide. Twenty-five million of them live
+in sub-Saharan Africa.  Seventeen million have already died. Seventeen
+million Africans is proportional percentage-wise to seven million
+Americans. More importantly, it is seventeen million Africans.

 </para>
 <para>
 There is no cure for AIDS, but there are drugs to slow its
 </para>
 <para>
 There is no cure for AIDS, but there are drugs to slow its


@@ -12143,8 +13155,8 @@ African nation can afford the drugs for the vast majority of its
                population:
 $15,000 is thirty times the per capita gross national product of
 Zimbabwe. At these prices, the drugs are totally unavailable.<footnote><para>
                population:
 $15,000 is thirty times the per capita gross national product of
 Zimbabwe. At these prices, the drugs are totally unavailable.<footnote><para>

-<!-- f1. --> Commission on Intellectual Property Rights, "Final Report: Integrating
-Intellectual Property Rights and Development Policy" (London, 2002),
+<!-- f1. --> Commission on Intellectual Property Rights, <quote>Final Report: Integrating
+Intellectual Property Rights and Development Policy</quote> (London, 2002),

 available at 
 <ulink url="http://free-culture.cc/notes/">link #55</ulink>. According to a World Health Organization press 
                release
 available at 
 <ulink url="http://free-culture.cc/notes/">link #55</ulink>. According to a World Health Organization press 
                release


@@ -12152,6 +13164,8 @@ issued 9 July 2002, only 230,000 of the 6 million who need drugs in
 the developing world receive them&mdash;and half of them are in Brazil.
 </para></footnote>
 </para>
 the developing world receive them&mdash;and half of them are in Brazil.
 </para></footnote>
 </para>

+<indexterm id='idxpatentsonpharmaceuticals' class='startofrange'><primary>patents</primary><secondary>on pharmaceuticals</secondary></indexterm>
+<indexterm id='idxpharmaceuticalpatents' class='startofrange'><primary>pharmaceutical patents</primary></indexterm>

 <para>
 <!-- PAGE BREAK 265 -->
 These prices are not high because the ingredients of the drugs are
 <para>
 <!-- PAGE BREAK 265 -->
 These prices are not high because the ingredients of the drugs are


@@ -12179,28 +13193,32 @@ African leaders began to recognize the devastation that AIDS was
 bringing, they started looking for ways to import HIV treatments at
 costs significantly below the market price.
 </para>
 bringing, they started looking for ways to import HIV treatments at
 costs significantly below the market price.
 </para>

+<indexterm id='idxinternationallaw2' class='startofrange'><primary>international law</primary></indexterm>
+<indexterm id='idxparallelimportation' class='startofrange'><primary>parallel importation</primary></indexterm>
+<indexterm id='idxsouthafricarepublicofpharmaceuticalimportsby' class='startofrange'><primary>South Africa, Republic of, pharmaceutical imports by</primary></indexterm>

 <para>
 In 1997, South Africa tried one tack. It passed a law to allow the
 importation of patented medicines that had been produced or sold in
 another nation's market with the consent of the patent owner. For
 example, if the drug was sold in India, it could be imported into
 <para>
 In 1997, South Africa tried one tack. It passed a law to allow the
 importation of patented medicines that had been produced or sold in
 another nation's market with the consent of the patent owner. For
 example, if the drug was sold in India, it could be imported into

-Africa from India. This is called "parallel importation," and it is
+Africa from India. This is called <quote>parallel importation,</quote> and it is

 generally permitted under international trade law and is specifically
 permitted within the European Union.<footnote>
 <para>
 <!-- f2. -->
 generally permitted under international trade law and is specifically
 permitted within the European Union.<footnote>
 <para>
 <!-- f2. -->

-See Peter Drahos with John Braithwaite, Information Feudalism: <citetitle>Who
+See Peter Drahos with John Braithwaite, <citetitle>Information Feudalism: Who

 Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), 37.
 <indexterm><primary>Braithwaite, John</primary></indexterm>
 <indexterm><primary>Drahos, Peter</primary></indexterm>
 </para></footnote>
 </para>
 Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), 37.
 <indexterm><primary>Braithwaite, John</primary></indexterm>
 <indexterm><primary>Drahos, Peter</primary></indexterm>
 </para></footnote>
 </para>

+<indexterm><primary>United States Trade Representative (USTR)</primary></indexterm>

 <para>
 However, the United States government opposed the bill. Indeed, more
 than opposed. As the International Intellectual Property Association
 <para>
 However, the United States government opposed the bill. Indeed, more
 than opposed. As the International Intellectual Property Association

-characterized it, "The U.S. government pressured South Africa . . .
+characterized it, <quote>The U.S. government pressured South Africa &hellip;

 not to permit compulsory licensing or parallel
 not to permit compulsory licensing or parallel

-imports."<footnote><para>
+imports.</quote><footnote><para>

 <!-- f3. -->
 International Intellectual Property Institute (IIPI), <citetitle>Patent
 Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan
 <!-- f3. -->
 International Intellectual Property Institute (IIPI), <citetitle>Patent
 Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan


@@ -12234,6 +13252,7 @@ Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan
 Africa, a Report Prepared for the World Intellectual Property
 Organization</citetitle> (Washington, D.C., 2000), 15.  </para></footnote>
 </para>
 Africa, a Report Prepared for the World Intellectual Property
 Organization</citetitle> (Washington, D.C., 2000), 15.  </para></footnote>
 </para>

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

 <para>
 We should place the intervention by the United States in context.  No
 doubt patents are not the most important reason that Africans don't
 <para>
 We should place the intervention by the United States in context.  No
 doubt patents are not the most important reason that Africans don't


@@ -12268,36 +13287,38 @@ argument
 <!-- PAGE BREAK 267 -->
 about the sanctity of property.<footnote><para>
 <!-- f5. -->
 <!-- PAGE BREAK 267 -->
 about the sanctity of property.<footnote><para>
 <!-- f5. -->

-See Sabin Russell, "New Crusade to Lower AIDS Drug Costs: Africa's
-Needs at Odds with Firms' Profit Motive," <citetitle>San Francisco Chronicle</citetitle>, 24
+See Sabin Russell, <quote>New Crusade to Lower AIDS Drug Costs: Africa's
+Needs at Odds with Firms' Profit Motive,</quote> <citetitle>San Francisco Chronicle</citetitle>, 24

 May 1999, A1, available at
 <ulink url="http://free-culture.cc/notes/">link #57</ulink>
 May 1999, A1, available at
 <ulink url="http://free-culture.cc/notes/">link #57</ulink>

-("compulsory licenses and gray markets pose a threat to the entire
-system of intellectual property protection"); Robert Weissman, "AIDS
+(<quote>compulsory licenses and gray markets pose a threat to the entire
+system of intellectual property protection</quote>); Robert Weissman, <quote>AIDS

 and Developing Countries: Democratizing Access to Essential
 and Developing Countries: Democratizing Access to Essential

-Medicines," <citetitle>Foreign Policy in Focus</citetitle> 4:23 (August 1999), available at
+Medicines,</quote> <citetitle>Foreign Policy in Focus</citetitle> 4:23 (August 1999), available at

 <ulink url="http://free-culture.cc/notes/">link #58</ulink>
 <ulink url="http://free-culture.cc/notes/">link #58</ulink>

-(describing U.S. policy); John A. Harrelson, "TRIPS, Pharmaceutical
+(describing U.S. policy); John A. Harrelson, <quote>TRIPS, Pharmaceutical

 Patents, and the HIV/AIDS Crisis: Finding the Proper Balance Between
 Patents, and the HIV/AIDS Crisis: Finding the Proper Balance Between

-Intellectual Property Rights and Compassion, a Synopsis," <citetitle>Widener Law
+Intellectual Property Rights and Compassion, a Synopsis,</quote> <citetitle>Widener Law

 Symposium Journal</citetitle> (Spring 2001): 175.
 <!-- PAGE BREAK 333 -->
 </para></footnote>
 Symposium Journal</citetitle> (Spring 2001): 175.
 <!-- PAGE BREAK 333 -->
 </para></footnote>

-It was because "intellectual property" would be violated that these
+It was because <quote>intellectual property</quote> would be violated that these

 drugs should not flow into Africa. It was a principle about the
 drugs should not flow into Africa. It was a principle about the

-importance of "intellectual property" that led these government actors
+importance of <quote>intellectual property</quote> that led these government actors

 to intervene against the South African response to AIDS.
 </para>
 to intervene against the South African response to AIDS.
 </para>

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

 <para>
 Now just step back for a moment. There will be a time thirty years
 from now when our children look back at us and ask, how could we have
 let this happen? How could we allow a policy to be pursued whose
 direct cost would be to speed the death of 15 to 30 million Africans,
 <para>
 Now just step back for a moment. There will be a time thirty years
 from now when our children look back at us and ask, how could we have
 let this happen? How could we allow a policy to be pursued whose
 direct cost would be to speed the death of 15 to 30 million Africans,

-and whose only real benefit would be to uphold the "sanctity" of an
+and whose only real benefit would be to uphold the <quote>sanctity</quote> of an

 idea?  What possible justification could there ever be for a policy
 that results in so many deaths? What exactly is the insanity that
 would allow so many to die for such an abstraction?
 </para>
 idea?  What possible justification could there ever be for a policy
 that results in so many deaths? What exactly is the insanity that
 would allow so many to die for such an abstraction?
 </para>

+<indexterm id='idxcorporationsinpharmaceuticalindustry' class='startofrange'><primary>corporations</primary><secondary>in pharmaceutical industry</secondary></indexterm>

 <para>
 Some blame the drug companies. I don't. They are corporations.
 Their managers are ordered by law to make money for the corporation.
 <para>
 Some blame the drug companies. I don't. They are corporations.
 Their managers are ordered by law to make money for the corporation.


@@ -12314,21 +13335,29 @@ elsewhere.  There are issues they'd have to resolve to make sure the
 drugs didn't get back into the United States, but those are mere
 problems of technology.  They could be overcome.
 </para>
 drugs didn't get back into the United States, but those are mere
 problems of technology.  They could be overcome.
 </para>

+<indexterm id='idxintellectualpropertyrightsofdrugpatents' class='startofrange'><primary>intellectual property rights</primary><secondary>of drug patents</secondary></indexterm>

 <para>
 A different problem, however, could not be overcome. This is the
 fear of the grandstanding politician who would call the presidents of
 <para>
 A different problem, however, could not be overcome. This is the
 fear of the grandstanding politician who would call the presidents of

-the drug companies before a Senate or House hearing, and ask, "How
+the drug companies before a Senate or House hearing, and ask, <quote>How

 is it you can sell this HIV drug in Africa for only $1 a pill, but the same
 is it you can sell this HIV drug in Africa for only $1 a pill, but the same

-drug would cost an American $1,500?" Because there is no "sound
-bite" answer to that question, its effect would be to induce regulation
+drug would cost an American $1,500?</quote> Because there is no <quote>sound
+bite</quote> answer to that question, its effect would be to induce regulation

 of prices in America. The drug companies thus avoid this spiral by
 avoiding the first step. They reinforce the idea that property should be
 <!-- PAGE BREAK 268 -->
 sacred. They adopt a rational strategy in an irrational context, with the
 unintended consequence that perhaps millions die. And that rational
 strategy thus becomes framed in terms of this ideal&mdash;the sanctity of an
 of prices in America. The drug companies thus avoid this spiral by
 avoiding the first step. They reinforce the idea that property should be
 <!-- PAGE BREAK 268 -->
 sacred. They adopt a rational strategy in an irrational context, with the
 unintended consequence that perhaps millions die. And that rational
 strategy thus becomes framed in terms of this ideal&mdash;the sanctity of an

-idea called "intellectual property."
+idea called <quote>intellectual property.</quote>

 </para>
 </para>

+<indexterm startref='idxafricamedicationsforhivpatientsin' class='endofrange'/>
+<indexterm startref='idxaidsmedications' class='endofrange'/>
+<indexterm startref='idxantiretroviraldrugs' class='endofrange'/>
+<indexterm startref='idxdevelopingcountriesforeignpatentcostsin2' class='endofrange'/>
+<indexterm startref='idxdrugspharmaceutical' class='endofrange'/>
+<indexterm startref='idxhivaidstherapies' class='endofrange'/>
+<indexterm startref='idxcorporationsinpharmaceuticalindustry' class='endofrange'/>

 <para>
 So when the common sense of your child confronts you, what will
 you say? When the common sense of a generation finally revolts
 <para>
 So when the common sense of your child confronts you, what will
 you say? When the common sense of a generation finally revolts


@@ -12347,20 +13376,26 @@ in any case. A sensible policy, in other words, could be a balanced
 policy. For most of our history, both copyright and patent policies
 were balanced in just this sense.
 </para>
 policy. For most of our history, both copyright and patent policies
 were balanced in just this sense.
 </para>

+<indexterm startref='idxpatentsonpharmaceuticals' class='endofrange'/>
+<indexterm startref='idxpharmaceuticalpatents' class='endofrange'/>
+<indexterm startref='idxinternationallaw2' class='endofrange'/>

 <para>
 But we as a culture have lost this sense of balance. We have lost the
 critical eye that helps us see the difference between truth and
 extremism.  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
 <para>
 But we as a culture have lost this sense of balance. We have lost the
 critical eye that helps us see the difference between truth and
 extremism.  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
-that most of us would reject if any of us looked. So uncritically do
-we accept the idea of property in ideas that we don't even notice how
-monstrous it is to deny ideas to a people who are dying without
-them. So uncritically do we accept the idea of property in culture
-that we don't even question when the control of that property removes
-our
+any other single policy decision that we as a democracy will make.
+</para>
+<indexterm startref='idxintellectualpropertyrightsofdrugpatents' class='endofrange'/>
+<para>
+<emphasis role='strong'>A simple idea</emphasis> blinds us, and under
+the cover of darkness, much happens that most of us would reject if
+any of us looked. So uncritically do we accept the idea of property in
+ideas that we don't even notice how monstrous it is to deny ideas to a
+people who are dying without them. So uncritically do we accept the
+idea of property in culture that we don't even question when the
+control of that property removes our

 <!-- PAGE BREAK 269 -->
 ability, as a people, to develop our culture democratically. Blindness
 becomes our common sense. And the challenge for anyone who would
 <!-- PAGE BREAK 269 -->
 ability, as a people, to develop our culture democratically. Blindness
 becomes our common sense. And the challenge for anyone who would


@@ -12372,49 +13407,66 @@ So  far, common sense sleeps. There is no revolt. Common sense
 does not yet see what there could be to revolt about. The extremism
 that now dominates this debate fits with ideas that seem natural, and
 that fit is reinforced by the RCAs of our day. They wage a frantic war
 does not yet see what there could be to revolt about. The extremism
 that now dominates this debate fits with ideas that seem natural, and
 that fit is reinforced by the RCAs of our day. They wage a frantic war

-to fight "piracy," and devastate a culture for creativity. They defend
-the idea of "creative property," while transforming real creators into
+to fight <quote>piracy,</quote> and devastate a culture for creativity. They defend
+the idea of <quote>creative property,</quote> while transforming real creators into

 modern-day sharecroppers. They are insulted by the idea that rights
 should be balanced, even though each of the major players in this
 content war was itself a beneficiary of a more balanced ideal. The
 hypocrisy reeks. Yet in a city like Washington, hypocrisy is not even
 noticed. Powerful lobbies, complex issues, and MTV attention spans
 modern-day sharecroppers. They are insulted by the idea that rights
 should be balanced, even though each of the major players in this
 content war was itself a beneficiary of a more balanced ideal. The
 hypocrisy reeks. Yet in a city like Washington, hypocrisy is not even
 noticed. Powerful lobbies, complex issues, and MTV attention spans

-produce the "perfect storm" for free culture.
+produce the <quote>perfect storm</quote> for free culture.

 </para>
 </para>

-<para>
-In August 2003, a fight broke out in the United States about a
-decision by the World Intellectual Property Organization to cancel a
-meeting.<footnote><para>
-<!-- f6. --> Jonathan Krim, "The Quiet War over Open-Source," <citetitle>Washington Post</citetitle>,
+<indexterm><primary>academic journals</primary></indexterm>
+<indexterm><primary>biomedical research</primary></indexterm>
+<indexterm id='idxintellectualpropertyrightsinternationalorganizationonissuesof' class='startofrange'><primary>intellectual property rights</primary><secondary>international organization on issues of</secondary></indexterm>
+<indexterm><primary>Internet</primary><secondary>development of</secondary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>
+<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
+<indexterm><primary>Public Library of Science (PLoS)</primary></indexterm>
+<indexterm><primary>public domain</primary><secondary>public projects in</secondary></indexterm>
+<indexterm><primary>single nucleotied polymorphisms (SNPs)</primary></indexterm>
+<indexterm><primary>Wellcome Trust</primary></indexterm>
+<indexterm id='idxworldintellectualpropertyorganizationwipo' class='startofrange'><primary>World Intellectual Property Organization (WIPO)</primary></indexterm>
+<indexterm><primary>World Wide Web</primary></indexterm>
+<indexterm><primary>Global Positioning System</primary></indexterm>
+<indexterm><primary>Reagan, Ronald</primary></indexterm>
+<indexterm id='idxbiomedicalresearch' class='startofrange'><primary>biomedical research</primary></indexterm>
+<para>
+<emphasis role='strong'>In August 2003</emphasis>, a fight broke out
+in the United States about a decision by the World Intellectual
+Property Organization to cancel a meeting.<footnote><para>
+<!-- f6. --> Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> <citetitle>Washington Post</citetitle>,

 August 2003, E1, available at 
 August 2003, E1, available at 

-<ulink url="http://free-culture.cc/notes/">link #59</ulink>; William New, "Global Group's
-Shift on `Open Source' Meeting Spurs Stir," <citetitle>National Journal's Technology
+<ulink url="http://free-culture.cc/notes/">link #59</ulink>; William New, <quote>Global Group's
+Shift on `Open Source' Meeting Spurs Stir,</quote> <citetitle>National Journal's Technology

 Daily</citetitle>, 19 August 2003, available at 
 Daily</citetitle>, 19 August 2003, available at 

-<ulink url="http://free-culture.cc/notes/">link #60</ulink>; William New, "U.S. Official
-Opposes `Open Source' Talks at WIPO," <citetitle>National Journal's Technology
+<ulink url="http://free-culture.cc/notes/">link #60</ulink>; William New, <quote>U.S. Official
+Opposes `Open Source' Talks at WIPO,</quote> <citetitle>National Journal's Technology

 Daily</citetitle>, 19 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #61</ulink>.
 </para></footnote>
 At the request of a wide range of interests, WIPO had decided to hold
 Daily</citetitle>, 19 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #61</ulink>.
 </para></footnote>
 At the request of a wide range of interests, WIPO had decided to hold

-a meeting to discuss "open and collaborative projects to create public
-goods." These are projects that have been successful in producing
+a meeting to discuss <quote>open and collaborative projects to create public
+goods.</quote> These are projects that have been successful in producing

 public goods without relying exclusively upon a proprietary use of
 intellectual property. Examples include the Internet and the World
 Wide Web, both of which were developed on the basis of protocols in
 the public domain. It included an emerging trend to support open
 academic journals, including the Public Library of Science project
 public goods without relying exclusively upon a proprietary use of
 intellectual property. Examples include the Internet and the World
 Wide Web, both of which were developed on the basis of protocols in
 the public domain. It included an emerging trend to support open
 academic journals, including the Public Library of Science project

-that I describe in the Afterword. It included a project to develop
-single nucleotide polymorphisms (SNPs), which are thought to have
-great significance in biomedical research. (That nonprofit project
-comprised a consortium of the Wellcome Trust and pharmaceutical and
-technological companies, including Amersham Biosciences, AstraZeneca,
+that I describe in chapter 
+<xref xrefstyle="select: labelnumber" linkend="c-afterword"/>.  It
+included a project to develop single nucleotide polymorphisms (SNPs),
+which are thought to have great significance in biomedical
+research. (That nonprofit project comprised a consortium of the
+Wellcome Trust and pharmaceutical and technological companies,
+including Amersham Biosciences, AstraZeneca,

 <!-- PAGE BREAK 270 -->
 Aventis, Bayer, Bristol-Myers Squibb, Hoffmann-La Roche,
 Glaxo-SmithKline, IBM, Motorola, Novartis, Pfizer, and Searle.) It
 included the Global Positioning System, which Ronald Reagan set free
 <!-- PAGE BREAK 270 -->
 Aventis, Bayer, Bristol-Myers Squibb, Hoffmann-La Roche,
 Glaxo-SmithKline, IBM, Motorola, Novartis, Pfizer, and Searle.) It
 included the Global Positioning System, which Ronald Reagan set free

-in the early 1980s. And it included "open source and free software."
-<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
+in the early 1980s. And it included <quote>open source and free software.</quote>

 </para>
 </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


@@ -12422,6 +13474,7 @@ intellectual property extremism. Instead, in all of them, intellectual
 property was balanced by agreements to keep access open or to impose
 limitations on the way in which proprietary claims might be used.
 </para>
 property was balanced by agreements to keep access open or to impose
 limitations on the way in which proprietary claims might be used.
 </para>

+<indexterm id='idxlessiglawrenceininternationaldebateonintellectualproperty' class='startofrange'><primary>Lessig, Lawrence</primary><secondary>in international debate on intellectual property</secondary></indexterm>

 <para>
 From the perspective of this book, then, the conference was ideal.<footnote><para>
 <!-- f7. --> I should disclose that I was one of the people who asked WIPO for the
 <para>
 From the perspective of this book, then, the conference was ideal.<footnote><para>
 <!-- f7. --> I should disclose that I was one of the people who asked WIPO for the


@@ -12433,6 +13486,7 @@ perspectives.  And WIPO was an ideal venue for this discussion, since
 WIPO is the preeminent international body dealing with intellectual
 property issues.
 </para>
 WIPO is the preeminent international body dealing with intellectual
 property issues.
 </para>

+<indexterm id='idxworldsummitontheinformationsocietywsis' class='startofrange'><primary>World Summit on the Information Society (WSIS)</primary></indexterm>

 <para>
 Indeed, I was once publicly scolded for not recognizing this fact
 about WIPO. In February 2003, I delivered a keynote address to a
 <para>
 Indeed, I was once publicly scolded for not recognizing this fact
 about WIPO. In February 2003, I delivered a keynote address to a


@@ -12447,7 +13501,7 @@ questions were the exclusive domain of WIPO. In the talk that I had
 prepared, I had actually made the issue of intellectual property
 relatively minor. But after this astonishing statement, I made
 intellectual property the sole focus of my talk. There was no way to
 prepared, I had actually made the issue of intellectual property
 relatively minor. But after this astonishing statement, I made
 intellectual property the sole focus of my talk. There was no way to

-talk about an "Information Society" unless one also talked about the
+talk about an <quote>Information Society</quote> unless one also talked about the

 range of information and culture that would be free. My talk did not
 make my immoderate moderator very happy. And she was no doubt correct
 that the scope of intellectual property protections was ordinarily the
 range of information and culture that would be free. My talk did not
 make my immoderate moderator very happy. And she was no doubt correct
 that the scope of intellectual property protections was ordinarily the


@@ -12460,39 +13514,49 @@ very idea of balance in intellectual property had been lost.
 <para>
 So whether or not WSIS can discuss balance in intellectual property, I
 had thought it was taken for granted that WIPO could and should. And
 <para>
 So whether or not WSIS can discuss balance in intellectual property, I
 had thought it was taken for granted that WIPO could and should. And

-thus the meeting about "open and collaborative projects to create
-public goods" seemed perfectly appropriate within the WIPO agenda.
+thus the meeting about <quote>open and collaborative projects to create
+public goods</quote> seemed perfectly appropriate within the WIPO agenda.

 </para>
 </para>

+<indexterm startref='idxintellectualpropertyrightsinternationalorganizationonissuesof' class='endofrange'/>
+<indexterm startref='idxworldintellectualpropertyorganizationwipo' class='endofrange'/>
+<indexterm startref='idxworldsummitontheinformationsocietywsis' class='endofrange'/>
+<indexterm id='idxfreesoftwareopensourcesoftwarefsoss' class='startofrange'><primary>free software/open-source software (FS/OSS)</primary></indexterm>
+<indexterm><primary>Apple Corporation</primary></indexterm>
+<indexterm id='idxmicrosoftonfreesoftware' class='startofrange'><primary>Microsoft</primary><secondary>on free software</secondary></indexterm>

 <para>
 But there is one project within that list that is highly
 <para>
 But there is one project within that list that is highly

-controversial, at least among lobbyists. That project is "open source
-and free software."  Microsoft in particular is wary of discussion of
+controversial, at least among lobbyists. That project is <quote>open source
+and free software.</quote>  Microsoft in particular is wary of discussion of

 the subject. From its perspective, a conference to discuss open source
 and free software would be like a conference to discuss Apple's
 operating system. Both open source and free software compete with
 Microsoft's software. And internationally, many governments have begun
 to explore requirements that they use open source or free software,
 the subject. From its perspective, a conference to discuss open source
 and free software would be like a conference to discuss Apple's
 operating system. Both open source and free software compete with
 Microsoft's software. And internationally, many governments have begun
 to explore requirements that they use open source or free software,

-rather than "proprietary software," for their own internal uses.
+rather than <quote>proprietary software,</quote> for their own internal uses.

 </para>
 </para>

+<indexterm><primary><quote>copyleft</quote> licenses</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>

 <para>
 I don't mean to enter that debate here. It is important only to
 make clear that the distinction is not between commercial and
 noncommercial software. There are many important companies that depend
 fundamentally upon open source and free software, IBM being the most
 prominent. IBM is increasingly shifting its focus to the GNU/Linux
 <para>
 I don't mean to enter that debate here. It is important only to
 make clear that the distinction is not between commercial and
 noncommercial software. There are many important companies that depend
 fundamentally upon open source and free software, IBM being the most
 prominent. IBM is increasingly shifting its focus to the GNU/Linux

-operating system, the most famous bit of "free software"&mdash;and IBM
-is emphatically a commercial entity. Thus, to support "open source and
-free software" is not to oppose commercial entities. It is, instead,
+operating system, the most famous bit of <quote>free software</quote>&mdash;and IBM
+is emphatically a commercial entity. Thus, to support <quote>open source and
+free software</quote> is not to oppose commercial entities. It is, instead,

 to support a mode of software development that is different from
 Microsoft's.<footnote><para>
 <!-- f8. -->
 Microsoft's position about free and open source software is more
 sophisticated.  As it has repeatedly asserted, it has no problem with
 to support a mode of software development that is different from
 Microsoft's.<footnote><para>
 <!-- f8. -->
 Microsoft's position about free and open source software is more
 sophisticated.  As it has repeatedly asserted, it has no problem with

-"open source" software or software in the public domain. Microsoft's
-principal opposition is to "free software" licensed under a "copyleft"
+<quote>open source</quote> software or software in the public domain. Microsoft's
+principal opposition is to <quote>free software</quote> licensed under a <quote>copyleft</quote>

 license, meaning a license that requires the licensee to adopt the
 license, meaning a license that requires the licensee to adopt the

-same terms on any derivative work. See Bradford L. Smith, "The Future
-of Software: Enabling the Marketplace to Decide," <citetitle>Government Policy
+same terms on any derivative work. See Bradford L. Smith, <quote>The Future
+of Software: Enabling the Marketplace to Decide,</quote> <citetitle>Government Policy

 Toward Open Source Software</citetitle> (Washington, D.C.: AEI-Brookings Joint
 Center for Regulatory Studies, American Enterprise Institute for
 Public Policy Research, 2002), 69, available at
 Toward Open Source Software</citetitle> (Washington, D.C.: AEI-Brookings Joint
 Center for Regulatory Studies, American Enterprise Institute for
 Public Policy Research, 2002), 69, available at


@@ -12502,11 +13566,13 @@ Model</citetitle>, discussion at New York University Stern School of Business (3
 May 2001), available at
 <ulink url="http://free-culture.cc/notes/">link #63</ulink>.
 </para></footnote>
 May 2001), available at
 <ulink url="http://free-culture.cc/notes/">link #63</ulink>.
 </para></footnote>

-<indexterm><primary>Linux operating system</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxlessiglawrenceininternationaldebateonintellectualproperty' class='endofrange'/>
+<indexterm><primary>General Public License (GPL)</primary></indexterm>
+<indexterm><primary>GPL (General Public License)</primary></indexterm>

 <para>
 <para>

-More important for our purposes, to support "open source and free
-software" is not to oppose copyright. "Open source and free software"
+More important for our purposes, to support <quote>open source and free
+software</quote> is not to oppose copyright. <quote>Open source and free software</quote>

 is not software in the public domain. Instead, like Microsoft's
 software, the copyright owners of free and open source software insist
 quite strongly that the terms of their software license be respected
 is not software in the public domain. Instead, like Microsoft's
 software, the copyright owners of free and open source software insist
 quite strongly that the terms of their software license be respected


@@ -12522,6 +13588,10 @@ software. If copyright did not govern software, then free software
 could not impose the same kind of requirements on its adopters. It
 thus depends upon copyright law just as Microsoft does.
 </para>
 could not impose the same kind of requirements on its adopters. It
 thus depends upon copyright law just as Microsoft does.
 </para>

+<indexterm id='idxintellectualpropertyrightsinternationalorganizationonissuesof2' class='startofrange'><primary>intellectual property rights</primary><secondary>international organization on issues of</secondary></indexterm>
+<indexterm id='idxworldintellectualpropertyorganizationwipo2' class='startofrange'><primary>World Intellectual Property Organization (WIPO)</primary></indexterm>
+<indexterm id='idxkrimjonathan' class='startofrange'><primary>Krim, Jonathan</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>WIPO meeting opposed by</secondary></indexterm>

 <para>
 It is therefore understandable that as a proprietary software
 developer, Microsoft would oppose this WIPO meeting, and
 <para>
 It is therefore understandable that as a proprietary software
 developer, Microsoft would oppose this WIPO meeting, and


@@ -12531,7 +13601,7 @@ was reported to have happened. According to Jonathan Krim of the
 <citetitle>Washington Post</citetitle>, Microsoft's lobbyists succeeded in getting the United
 States government to veto the meeting.<footnote><para>
 <!-- f9. -->
 <citetitle>Washington Post</citetitle>, Microsoft's lobbyists succeeded in getting the United
 States government to veto the meeting.<footnote><para>
 <!-- f9. -->

-Krim, "The Quiet War over Open-Source," available at <ulink
+Krim, <quote>The Quiet War over Open-Source,</quote> available at <ulink

 url="http://free-culture.cc/notes/">link #64</ulink>.
 </para></footnote>
 And without U.S. backing, the meeting was canceled.
 url="http://free-culture.cc/notes/">link #64</ulink>.
 </para></footnote>
 And without U.S. backing, the meeting was canceled.


@@ -12544,32 +13614,40 @@ its lobbying here, and nothing terribly surprising about the most
 powerful software producer in the United States having succeeded in
 its lobbying efforts.
 </para>
 powerful software producer in the United States having succeeded in
 its lobbying efforts.
 </para>

+<indexterm startref='idxmicrosoftonfreesoftware' class='endofrange'/>
+<indexterm><primary>Boland, Lois</primary></indexterm>

 <para>
 What was surprising was the United States government's reason for
 opposing the meeting. Again, as reported by Krim, Lois Boland, acting
 director of international relations for the U.S. Patent and Trademark
 <para>
 What was surprising was the United States government's reason for
 opposing the meeting. Again, as reported by Krim, Lois Boland, acting
 director of international relations for the U.S. Patent and Trademark

-Office, explained that "open-source software runs counter to the
-mission of WIPO, which is to promote intellectual-property rights."
-She is quoted as saying, "To hold a meeting which has as its purpose
+Office, explained that <quote>open-source software runs counter to the
+mission of WIPO, which is to promote intellectual-property rights.</quote>
+She is quoted as saying, <quote>To hold a meeting which has as its purpose

 to disclaim or waive such rights seems to us to be contrary to the
 to disclaim or waive such rights seems to us to be contrary to the

-goals of WIPO."
+goals of WIPO.</quote>

 </para>
 </para>

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

 <para>
 These statements are astonishing on a number of levels.
 </para>
 <para>
 These statements are astonishing on a number of levels.
 </para>

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

 <!-- PAGE BREAK 273 -->
 <para>
 First, they are just flat wrong. As I described, most open source and
 free software relies fundamentally upon the intellectual property
 <!-- PAGE BREAK 273 -->
 <para>
 First, they are just flat wrong. As I described, most open source and
 free software relies fundamentally upon the intellectual property

-right called "copyright".  Without it, restrictions imposed by those
-licenses wouldn't work. Thus, to say it "runs counter" to the mission
+right called <quote>copyright</quote>.  Without it, restrictions imposed by those
+licenses wouldn't work. Thus, to say it <quote>runs counter</quote> to the mission

 of promoting intellectual property rights reveals an extraordinary gap
 in understanding&mdash;the sort of mistake that is excusable in a
 first-year law student, but an embarrassment from a high government
 official dealing with intellectual property issues.
 </para>
 of promoting intellectual property rights reveals an extraordinary gap
 in understanding&mdash;the sort of mistake that is excusable in a
 first-year law student, but an embarrassment from a high government
 official dealing with intellectual property issues.
 </para>

+<indexterm><primary>World Summit on the Information Society (WSIS)</primary></indexterm>
+<indexterm><primary>drugs</primary><secondary>pharmaceutical</secondary></indexterm>
+<indexterm><primary>generic drugs</primary></indexterm>
+<indexterm><primary>patents</primary><secondary>on pharmaceuticals</secondary></indexterm>

 <para>
 <para>

-Second, who ever said that WIPO's exclusive aim was to "promote"
+Second, who ever said that WIPO's exclusive aim was to <quote>promote</quote>

 intellectual property maximally? As I had been scolded at the
 preparatory conference of WSIS, WIPO is to consider not only how best
 to protect intellectual property, but also what the best balance of
 intellectual property maximally? As I had been scolded at the
 preparatory conference of WSIS, WIPO is to consider not only how best
 to protect intellectual property, but also what the best balance of


@@ -12581,35 +13659,38 @@ based on drugs whose patent has expired) contrary to the WIPO mission?
 Does the public domain weaken intellectual property? Would it have
 been better if the protocols of the Internet had been patented?
 </para>
 Does the public domain weaken intellectual property? Would it have
 been better if the protocols of the Internet had been patented?
 </para>

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

 <para>
 Third, even if one believed that the purpose of WIPO was to maximize
 intellectual property rights, in our tradition, intellectual property
 rights are held by individuals and corporations. They get to decide
 what to do with those rights because, again, they are
 <para>
 Third, even if one believed that the purpose of WIPO was to maximize
 intellectual property rights, in our tradition, intellectual property
 rights are held by individuals and corporations. They get to decide
 what to do with those rights because, again, they are

-<emphasis>their</emphasis> rights. If they want to "waive" or
-"disclaim" their rights, that is, within our tradition, totally
+<emphasis>their</emphasis> rights. If they want to <quote>waive</quote> or
+<quote>disclaim</quote> their rights, that is, within our tradition, totally

 appropriate. When Bill Gates gives away more than $20 billion to do
 good in the world, that is not inconsistent with the objectives of the
 property system. That is, on the contrary, just what a property system
 is supposed to be about: giving individuals the right to decide what
 to do with <emphasis>their</emphasis> property.
 appropriate. When Bill Gates gives away more than $20 billion to do
 good in the world, that is not inconsistent with the objectives of the
 property system. That is, on the contrary, just what a property system
 is supposed to be about: giving individuals the right to decide what
 to do with <emphasis>their</emphasis> property.

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

 </para>
 </para>

+<indexterm id='idxboland' class='startofrange'><primary>Boland, Lois</primary></indexterm>

 <para>
 When Ms. Boland says that there is something wrong with a meeting
 <para>
 When Ms. Boland says that there is something wrong with a meeting

-"which has as its purpose to disclaim or waive such rights," she's
+<quote>which has as its purpose to disclaim or waive such rights,</quote> she's

 saying that WIPO has an interest in interfering with the choices of
 <!-- PAGE BREAK 274 -->
 the individuals who own intellectual property rights. That somehow,
 saying that WIPO has an interest in interfering with the choices of
 <!-- PAGE BREAK 274 -->
 the individuals who own intellectual property rights. That somehow,

-WIPO's objective should be to stop an individual from "waiving" or
-"disclaiming" an intellectual property right. That the interest of
+WIPO's objective should be to stop an individual from <quote>waiving</quote> or
+<quote>disclaiming</quote> an intellectual property right. That the interest of

 WIPO is not just that intellectual property rights be maximized, but
 that they also should be exercised in the most extreme and restrictive
 way possible.
 </para>
 WIPO is not just that intellectual property rights be maximized, but
 that they also should be exercised in the most extreme and restrictive
 way possible.
 </para>

+<indexterm id='idxfeudalsystem' class='startofrange'><primary>feudal system</primary></indexterm>
+<indexterm id='idxpropertyrightsfeudalsystemof' class='startofrange'><primary>property rights</primary><secondary>feudal system of</secondary></indexterm>

 <para>
 There is a history of just such a property system that is well known
 <para>
 There is a history of just such a property system that is well known

-in the Anglo-American tradition. It is called "feudalism." Under
+in the Anglo-American tradition. It is called <quote>feudalism.</quote> Under

 feudalism, not only was property held by a relatively small number of
 individuals and entities. And not only were the rights that ran with
 that property powerful and extensive. But the feudal system had a
 feudalism, not only was property held by a relatively small number of
 individuals and entities. And not only were the rights that ran with
 that property powerful and extensive. But the feudal system had a


@@ -12633,6 +13714,8 @@ choice now is whether that information society will be
 <emphasis>free</emphasis> or <emphasis>feudal</emphasis>. The trend is
 toward the feudal.
 </para>
 <emphasis>free</emphasis> or <emphasis>feudal</emphasis>. The trend is
 toward the feudal.
 </para>

+<indexterm startref='idxfeudalsystem' class='endofrange'/>
+<indexterm startref='idxpropertyrightsfeudalsystemof' class='endofrange'/>

 <para>
 When this battle broke, I blogged it. A spirited debate within the
 comment section ensued. Ms. Boland had a number of supporters who
 <para>
 When this battle broke, I blogged it. A spirited debate within the
 comment section ensued. Ms. Boland had a number of supporters who


@@ -12640,11 +13723,13 @@ tried to show why her comments made sense. But there was one comment
 that was particularly depressing for me. An anonymous poster wrote,
 </para>
 <blockquote>
 that was particularly depressing for me. An anonymous poster wrote,
 </para>
 <blockquote>

+<indexterm startref='idxintellectualpropertyrightsinternationalorganizationonissuesof2' class='endofrange'/>
+<indexterm startref='idxworldintellectualpropertyorganizationwipo2' class='endofrange'/>

 <para>
 George, you misunderstand Lessig: He's only talking about the world as
 <para>
 George, you misunderstand Lessig: He's only talking about the world as

-it should be ("the goal of WIPO, and the goal of any government,
+it should be (<quote>the goal of WIPO, and the goal of any government,

 should be to promote the right balance of intellectual property rights,
 should be to promote the right balance of intellectual property rights,

-not simply to promote intellectual property rights"), not as it is. If
+not simply to promote intellectual property rights</quote>), not as it is. If

 we were talking about the world as it is, then of course Boland didn't
 say anything wrong. But in the world
 <!-- PAGE BREAK 275 -->
 we were talking about the world as it is, then of course Boland didn't
 say anything wrong. But in the world
 <!-- PAGE BREAK 275 -->


@@ -12662,13 +13747,14 @@ mistake. I have no illusion about the extremism of our government,
 whether Republican or Democrat. My only illusion apparently is about
 whether our government should speak the truth or not.)
 </para>
 whether Republican or Democrat. My only illusion apparently is about
 whether our government should speak the truth or not.)
 </para>

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

 <para>
 Obviously, however, the poster was not supporting that idea.  Instead,
 the poster was ridiculing the very idea that in the real world, the
 <para>
 Obviously, however, the poster was not supporting that idea.  Instead,
 the poster was ridiculing the very idea that in the real world, the

-"goal" of a government should be "to promote the right balance" of
+<quote>goal</quote> of a government should be <quote>to promote the right balance</quote> of

 intellectual property. That was obviously silly to him. And it
 intellectual property. That was obviously silly to him. And it

-obviously betrayed, he believed, my own silly utopianism. "Typical for
-an academic," the poster might well have continued.
+obviously betrayed, he believed, my own silly utopianism. <quote>Typical for
+an academic,</quote> the poster might well have continued.

 </para>
 <para>
 I understand criticism of academic utopianism. I think utopianism is
 </para>
 <para>
 I understand criticism of academic utopianism. I think utopianism is


@@ -12678,7 +13764,7 @@ our own country's history).
 </para>
 <para>
 But when it has become silly to suppose that the role of our
 </para>
 <para>
 But when it has become silly to suppose that the role of our

-government should be to "seek balance," then count me with the silly,
+government should be to <quote>seek balance,</quote> then count me with the silly,

 for that means that this has become quite serious indeed. If it should
 be obvious to everyone that the government does not seek balance, that
 the government is simply the tool of the most powerful lobbyists, that
 for that means that this has become quite serious indeed. If it should
 be obvious to everyone that the government does not seek balance, that
 the government is simply the tool of the most powerful lobbyists, that


@@ -12695,20 +13781,22 @@ something more than the handmaiden of the most powerful interests.
 It might be crazy to argue that we should preserve a tradition that has
 been part of our tradition for most of our history&mdash;free culture.
 </para>
 It might be crazy to argue that we should preserve a tradition that has
 been part of our tradition for most of our history&mdash;free culture.
 </para>

-<indexterm><primary>CodePink Women in Peace</primary></indexterm>

 <para>
 <para>

-If this is crazy, then let there be more crazies. Soon.  There are
-moments of hope in this struggle. And moments that surprise. When the
-FCC was considering relaxing ownership rules, which would thereby
-further increase the concentration in media ownership, an
-extraordinary bipartisan coalition formed to fight this change. For
-perhaps the first time in history, interests as diverse as the NRA,
-the ACLU, Moveon.org, William Safire, Ted Turner, and CodePink Women
-for Peace organized to oppose this change in FCC policy. An
-astonishing 700,000 letters were sent to the FCC, demanding more
-hearings and a different result.
-<indexterm><primary>Turner, Ted</primary></indexterm>
+If this is crazy, then let there be more crazies. Soon.
+</para>
+<indexterm><primary>CodePink Women in Peace</primary></indexterm>

 <indexterm><primary>Safire, William</primary></indexterm>
 <indexterm><primary>Safire, William</primary></indexterm>

+<indexterm><primary>Turner, Ted</primary></indexterm>
+<para>
+<emphasis role='strong'>There are moments</emphasis> of hope in this
+struggle. And moments that surprise. When the FCC was considering
+relaxing ownership rules, which would thereby further increase the
+concentration in media ownership, an extraordinary bipartisan
+coalition formed to fight this change. For perhaps the first time in
+history, interests as diverse as the NRA, the ACLU, Moveon.org,
+William Safire, Ted Turner, and CodePink Women for Peace organized to
+oppose this change in FCC policy. An astonishing 700,000 letters were
+sent to the FCC, demanding more hearings and a different result.

 </para>
 <para>
 This activism did not stop the FCC, but soon after, a broad coalition
 </para>
 <para>
 This activism did not stop the FCC, but soon after, a broad coalition


@@ -12739,16 +13827,16 @@ form&mdash;that makes their bigness bad.
 It is therefore significant that so many would rally to demand
 competition and increased diversity. Still, if the rally is understood
 as being about bigness alone, it is not terribly surprising. We
 It is therefore significant that so many would rally to demand
 competition and increased diversity. Still, if the rally is understood
 as being about bigness alone, it is not terribly surprising. We

-Americans have a long history of fighting "big," wisely or not. That
-we could be motivated to fight "big" again is not something new.
+Americans have a long history of fighting <quote>big,</quote> wisely or not. That
+we could be motivated to fight <quote>big</quote> again is not something new.

 </para>
 <para>
 It would be something new, and something very important, if an equal
 number could be rallied to fight the increasing extremism built within
 </para>
 <para>
 It would be something new, and something very important, if an equal
 number could be rallied to fight the increasing extremism built within

-the idea of "intellectual property." Not because balance is alien to
+the idea of <quote>intellectual property.</quote> Not because balance is alien to

 our tradition; indeed, as I've argued, balance is our tradition. But
 because the muscle to think critically about the scope of anything
 our tradition; indeed, as I've argued, balance is our tradition. But
 because the muscle to think critically about the scope of anything

-called "property" is not well exercised within this tradition anymore.
+called <quote>property</quote> is not well exercised within this tradition anymore.

 </para>
 <para>
 If we were Achilles, this would be our heel. This would be the place
 </para>
 <para>
 If we were Achilles, this would be our heel. This would be the place


@@ -12756,58 +13844,62 @@ of our tragedy.
 </para>
 <indexterm><primary>Dylan, Bob</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Dylan, Bob</primary></indexterm>
 <para>

-As I write these final words, the news is filled with stories about
-the RIAA lawsuits against almost three hundred individuals.<footnote><para>
+<emphasis role='strong'>As I write</emphasis> these final words, the
+news is filled with stories about the RIAA lawsuits against almost
+three hundred individuals.<footnote><para>

 <!-- f11. -->
 <!-- f11. -->

-John Borland, "RIAA Sues 261 File Swappers," CNET News.com, September
+John Borland, <quote>RIAA Sues 261 File Swappers,</quote> CNET News.com, September

 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #65</ulink>; Paul
 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #65</ulink>; Paul

-R. La Monica, "Music Industry Sues Swappers," CNN/Money, 8 September
+R. La Monica, <quote>Music Industry Sues Swappers,</quote> CNN/Money, 8 September

 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #66</ulink>; Soni
 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #66</ulink>; Soni

-Sangha and Phyllis Furman with Robert Gearty, "Sued for a Song,
-N.Y.C. 12-Yr-Old Among 261 Cited as Sharers," <citetitle>New York Daily News</citetitle>, 9
-September 2003, 3; Frank Ahrens, "RIAA's Lawsuits Meet Surprised
+Sangha and Phyllis Furman with Robert Gearty, <quote>Sued for a Song,
+N.Y.C. 12-Yr-Old Among 261 Cited as Sharers,</quote> <citetitle>New York Daily News</citetitle>, 9
+September 2003, 3; Frank Ahrens, <quote>RIAA's Lawsuits Meet Surprised

 Targets; Single Mother in Calif., 12-Year-Old Girl in N.Y. Among
 Targets; Single Mother in Calif., 12-Year-Old Girl in N.Y. Among

-Defendants," <citetitle>Washington Post</citetitle>, 10 September 2003, E1; Katie Dean,
-"Schoolgirl Settles with RIAA," <citetitle>Wired News</citetitle>, 10 September 2003,
+Defendants,</quote> <citetitle>Washington Post</citetitle>, 10 September 2003, E1; Katie Dean,
+<quote>Schoolgirl Settles with RIAA,</quote> <citetitle>Wired News</citetitle>, 10 September 2003,

 available at
 <ulink url="http://free-culture.cc/notes/">link #67</ulink>.
 </para></footnote>
 available at
 <ulink url="http://free-culture.cc/notes/">link #67</ulink>.
 </para></footnote>

-Eminem has just been sued for "sampling" someone else's
+Eminem has just been sued for <quote>sampling</quote> someone else's

 music.<footnote><para>
 <!-- f12. -->
 music.<footnote><para>
 <!-- f12. -->

-Jon Wiederhorn, "Eminem Gets Sued . . . by a Little Old Lady,"
+Jon Wiederhorn, <quote>Eminem Gets Sued &hellip; by a Little Old Lady,</quote>

 mtv.com, 17 September 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #68</ulink>.
 </para></footnote>
 mtv.com, 17 September 2003, available at
 <ulink url="http://free-culture.cc/notes/">link #68</ulink>.
 </para></footnote>

-The story about Bob Dylan "stealing" from a Japanese author has just
+The story about Bob Dylan <quote>stealing</quote> from a Japanese author has just

 finished making the rounds.<footnote><para>
 <!-- f13. -->
 finished making the rounds.<footnote><para>
 <!-- f13. -->

-Kenji Hall, Associated Press, "Japanese Book May Be Inspiration for
-Dylan Songs," Kansascity.com, 9 July 2003, available at
+Kenji Hall, Associated Press, <quote>Japanese Book May Be Inspiration for
+Dylan Songs,</quote> Kansascity.com, 9 July 2003, available at

 <ulink url="http://free-culture.cc/notes/">link #69</ulink>.
 <!-- PAGE BREAK 334 -->
 </para></footnote>
 An insider from Hollywood&mdash;who insists he must remain
 <ulink url="http://free-culture.cc/notes/">link #69</ulink>.
 <!-- PAGE BREAK 334 -->
 </para></footnote>
 An insider from Hollywood&mdash;who insists he must remain

-anonymous&mdash;reports "an amazing conversation with these studio
+anonymous&mdash;reports <quote>an amazing conversation with these studio

 guys. They've got extraordinary [old] content that they'd love to use
 but can't because they can't begin to clear the rights. They've got
 scores of kids who could do amazing things with the content, but it
 guys. They've got extraordinary [old] content that they'd love to use
 but can't because they can't begin to clear the rights. They've got
 scores of kids who could do amazing things with the content, but it

-would take scores of lawyers to clean it first." Congressmen are
+would take scores of lawyers to clean it first.</quote> Congressmen are

 talking about deputizing computer viruses to bring down computers
 thought to violate the law. Universities are threatening expulsion for
 kids who use a computer to share content.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 talking about deputizing computer viruses to bring down computers
 thought to violate the law. Universities are threatening expulsion for
 kids who use a computer to share content.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

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

 <indexterm><primary>Creative Commons</primary></indexterm>
 <indexterm><primary>Gil, Gilberto</primary></indexterm>
 <indexterm><primary>Creative Commons</primary></indexterm>
 <indexterm><primary>Gil, Gilberto</primary></indexterm>

+<indexterm><primary>United Kingdom</primary><secondary>public creative archive in</secondary></indexterm>

 <para>
 Yet on the other side of the Atlantic, the BBC has just announced
 <para>
 Yet on the other side of the Atlantic, the BBC has just announced

-that it will build a "Creative Archive," from which British citizens can
+that it will build a <quote>Creative Archive,</quote> from which British citizens can

 download BBC content, and rip, mix, and burn it.<footnote><para>
 download BBC content, and rip, mix, and burn it.<footnote><para>

-<!-- f14. --> "BBC Plans to Open Up Its Archive to the Public," BBC press release,
+<!-- f14. --> <quote>BBC Plans to Open Up Its Archive to the Public,</quote> BBC press release,

 24 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #70</ulink>.
 </para></footnote>
 24 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #70</ulink>.
 </para></footnote>


@@ -12816,7 +13908,7 @@ of Brazilian music, has joined with Creative Commons to release
 content and free licenses in that Latin American
 country.<footnote><para>
 <!-- f15. -->
 content and free licenses in that Latin American
 country.<footnote><para>
 <!-- f15. -->

-"Creative Commons and Brazil," Creative Commons Weblog, 6 August 2003,
+<quote>Creative Commons and Brazil,</quote> Creative Commons Weblog, 6 August 2003,

 available at
 <ulink url="http://free-culture.cc/notes/">link #71</ulink>.
 </para></footnote>
 available at
 <ulink url="http://free-culture.cc/notes/">link #71</ulink>.
 </para></footnote>


@@ -12836,18 +13928,15 @@ potential is ever to be realized.
 <!-- PAGE BREAK 279 -->
 
 </para>
 <!-- PAGE BREAK 279 -->
 
 </para>

-</partintro>
-<chapter><title></title><para></para></chapter>
-</part>
-<part id="c-afterword">
+</chapter>
+<chapter label="16" id="c-afterword">

 <title>AFTERWORD</title>
 <title>AFTERWORD</title>

-<partintro>

 <para>
 
 <!-- PAGE BREAK 280 -->
 <para>
 
 <!-- PAGE BREAK 280 -->

-At least some who have read this far will agree with me that something
-must be done to change where we are heading. The balance of this book
-maps what might be done.
+<emphasis role='strong'>At least some</emphasis> who have read this
+far will agree with me that something must be done to change where we
+are heading. The balance of this book maps what might be done.

 </para>
 <para>
 I divide this map into two parts: that which anyone can do now,
 </para>
 <para>
 I divide this map into two parts: that which anyone can do now,


@@ -12874,31 +13963,34 @@ sketch changes that Congress could make to better secure a free culture.
 <section id="usnow">
 <title>US, NOW</title>
 <para>
 <section id="usnow">
 <title>US, NOW</title>
 <para>

-Common sense is with the copyright warriors because the debate so far
-has been framed at the extremes&mdash;as a grand either/or: either
-property or anarchy, either total control or artists won't be paid. If
-that really is the choice, then the warriors should win.
+<emphasis role='strong'>Common sense</emphasis> is with the copyright
+warriors because the debate so far has been framed at the
+extremes&mdash;as a grand either/or: either property or anarchy,
+either total control or artists won't be paid. If that really is the
+choice, then the warriors should win.

 </para>
 <para>
 The mistake here is the error of the excluded middle. There are
 extremes in this debate, but the extremes are not all that there
 </para>
 <para>
 The mistake here is the error of the excluded middle. There are
 extremes in this debate, but the extremes are not all that there

-is. There are those who believe in maximal copyright&mdash;"All Rights
-Reserved"&mdash; and those who reject copyright&mdash;"No Rights
-Reserved." The "All Rights Reserved" sorts believe that you should ask
-permission before you "use" a copyrighted work in any way. The "No
-Rights Reserved" sorts believe you should be able to do with content
+is. There are those who believe in maximal copyright&mdash;<quote>All Rights
+Reserved</quote>&mdash; and those who reject copyright&mdash;<quote>No Rights
+Reserved.</quote> The <quote>All Rights Reserved</quote> sorts believe that you should ask
+permission before you <quote>use</quote> a copyrighted work in any way. The <quote>No
+Rights Reserved</quote> sorts believe you should be able to do with content

 as you wish, regardless of whether you have permission or not.
 </para>
 as you wish, regardless of whether you have permission or not.
 </para>

+<indexterm id='idxinternetdevelopmentof2' class='startofrange'><primary>Internet</primary><secondary>development of</secondary></indexterm>
+<indexterm id='idxinternetinitialfreecharacterof' class='startofrange'><primary>Internet</primary><secondary>initial free character of</secondary></indexterm>

 <para>
 When the Internet was first born, its initial architecture effectively
 <para>
 When the Internet was first born, its initial architecture effectively

-tilted in the "no rights reserved" direction. Content could be copied
+tilted in the <quote>no rights reserved</quote> direction. Content could be copied

 perfectly and cheaply; rights could not easily be controlled. Thus,
 regardless of anyone's desire, the effective regime of copyright under
 the
 
 <!-- PAGE BREAK 282 -->
 perfectly and cheaply; rights could not easily be controlled. Thus,
 regardless of anyone's desire, the effective regime of copyright under
 the
 
 <!-- PAGE BREAK 282 -->

-original design of the Internet was "no rights reserved." Content was
-"taken" regardless of the rights. Any rights were effectively
+original design of the Internet was <quote>no rights reserved.</quote> Content was
+<quote>taken</quote> regardless of the rights. Any rights were effectively

 unprotected.
 </para>
 <para>
 unprotected.
 </para>
 <para>


@@ -12907,25 +13999,29 @@ equal) by copyright owners. That reaction has been the topic of this
 book. Through legislation, litigation, and changes to the network's
 design, copyright holders have been able to change the essential
 character of the environment of the original Internet. If the original
 book. Through legislation, litigation, and changes to the network's
 design, copyright holders have been able to change the essential
 character of the environment of the original Internet. If the original

-architecture made the effective default "no rights reserved," the
-future architecture will make the effective default "all rights
-reserved." The architecture and law that surround the Internet's
+architecture made the effective default <quote>no rights reserved,</quote> the
+future architecture will make the effective default <quote>all rights
+reserved.</quote> The architecture and law that surround the Internet's

 design will increasingly produce an environment where all use of
 design will increasingly produce an environment where all use of

-content requires permission.  The "cut and paste" world that defines
-the Internet today will become a "get permission to cut and paste"
+content requires permission.  The <quote>cut and paste</quote> world that defines
+the Internet today will become a <quote>get permission to cut and paste</quote>

 world that is a creator's nightmare.
 </para>
 world that is a creator's nightmare.
 </para>

+<indexterm startref='idxinternetdevelopmentof2' class='endofrange'/>
+<indexterm startref='idxinternetinitialfreecharacterof' class='endofrange'/>

 <para>
 What's needed is a way to say something in the middle&mdash;neither
 <para>
 What's needed is a way to say something in the middle&mdash;neither

-"all rights reserved" nor "no rights reserved" but "some rights
-reserved"&mdash; and thus a way to respect copyrights but enable
+<quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but <quote>some rights
+reserved</quote>&mdash; and thus a way to respect copyrights but enable

 creators to free content as they see fit. In other words, we need a
 way to restore a set of freedoms that we could just take for granted
 before.
 </para>
 creators to free content as they see fit. In other words, we need a
 way to restore a set of freedoms that we could just take for granted
 before.
 </para>

-

 <section id="examples">
 <title>Rebuilding Freedoms Previously Presumed: Examples</title>
 <section id="examples">
 <title>Rebuilding Freedoms Previously Presumed: Examples</title>

+<indexterm id='idxfreeculturerestorationeffortsonpreviousaspectsof' class='startofrange'><primary>free culture</primary><secondary>restoration efforts on previous aspects of</secondary></indexterm>
+<indexterm id='idxbrowsing' class='startofrange'><primary>browsing</primary></indexterm>
+<indexterm id='idxprivacyrights2' class='startofrange'><primary>privacy rights</primary></indexterm>

 <para>
 If you step back from the battle I've been describing here, you will
 recognize this problem from other contexts. Think about
 <para>
 If you step back from the battle I've been describing here, you will
 recognize this problem from other contexts. Think about


@@ -12933,7 +14029,7 @@ privacy. Before the Internet, most of us didn't have to worry much
 about data about our lives that we broadcast to the world. If you
 walked into a bookstore and browsed through some of the works of Karl
 Marx, you didn't need to worry about explaining your browsing habits
 about data about our lives that we broadcast to the world. If you
 walked into a bookstore and browsed through some of the works of Karl
 Marx, you didn't need to worry about explaining your browsing habits

-to your neighbors or boss. The "privacy" of your browsing habits was
+to your neighbors or boss. The <quote>privacy</quote> of your browsing habits was

 assured.
 </para>
 <para>
 assured.
 </para>
 <para>


@@ -12942,8 +14038,9 @@ What made it assured?
 <!-- PAGE BREAK 283 -->
 <para>
 Well, if we think in terms of the modalities I described in chapter
 <!-- PAGE BREAK 283 -->
 <para>
 Well, if we think in terms of the modalities I described in chapter

-10, your privacy was assured because of an inefficient architecture
-for gathering data and hence a market constraint (cost) on anyone who
+<xref xrefstyle="select: labelnumber" linkend="property-i"/>, your
+privacy was assured because of an inefficient architecture for
+gathering data and hence a market constraint (cost) on anyone who

 wanted to gather that data. If you were a suspected spy for North
 Korea, working for the CIA, no doubt your privacy would not be
 assured.  But that's because the CIA would (we hope) find it valuable
 wanted to gather that data. If you were a suspected spy for North
 Korea, working for the CIA, no doubt your privacy would not be
 assured.  But that's because the CIA would (we hope) find it valuable


@@ -12951,40 +14048,45 @@ enough to spend the thousands required to track you. But for most of
 us (again, we can hope), spying doesn't pay. The highly inefficient
 architecture of real space means we all enjoy a fairly robust amount
 of privacy. That privacy is guaranteed to us by friction. Not by law
 us (again, we can hope), spying doesn't pay. The highly inefficient
 architecture of real space means we all enjoy a fairly robust amount
 of privacy. That privacy is guaranteed to us by friction. Not by law

-(there is no law protecting "privacy" in public places), and in many
+(there is no law protecting <quote>privacy</quote> in public places), and in many

 places, not by norms (snooping and gossip are just fun), but instead,
 by the costs that friction imposes on anyone who would want to spy.
 </para>
 places, not by norms (snooping and gossip are just fun), but instead,
 by the costs that friction imposes on anyone who would want to spy.
 </para>

-<indexterm><primary>Amazon</primary></indexterm>
+<indexterm id='idxamazon' class='startofrange'><primary>Amazon</primary></indexterm>
+<indexterm><primary>cookies, Internet</primary></indexterm>
+<indexterm id='idxinternetprivacyprotectionon' class='startofrange'><primary>Internet</primary><secondary>privacy protection on</secondary></indexterm>

 <para>
 Enter the Internet, where the cost of tracking browsing in particular
 has become quite tiny. If you're a customer at Amazon, then as you
 browse the pages, Amazon collects the data about what you've looked
 at. You know this because at the side of the page, there's a list of
 <para>
 Enter the Internet, where the cost of tracking browsing in particular
 has become quite tiny. If you're a customer at Amazon, then as you
 browse the pages, Amazon collects the data about what you've looked
 at. You know this because at the side of the page, there's a list of

-"recently viewed" pages. Now, because of the architecture of the Net
+<quote>recently viewed</quote> pages. Now, because of the architecture of the Net

 and the function of cookies on the Net, it is easier to collect the
 and the function of cookies on the Net, it is easier to collect the

-data than not. The friction has disappeared, and hence any "privacy"
+data than not. The friction has disappeared, and hence any <quote>privacy</quote>

 protected by the friction disappears, too.
 </para>
 protected by the friction disappears, too.
 </para>

+<indexterm><primary>libraries</primary><secondary>privacy rights in use of</secondary></indexterm>

 <para>
 Amazon, of course, is not the problem. But we might begin to worry
 about libraries. If you're one of those crazy lefties who thinks that
 <para>
 Amazon, of course, is not the problem. But we might begin to worry
 about libraries. If you're one of those crazy lefties who thinks that

-people should have the "right" to browse in a library without the
+people should have the <quote>right</quote> to browse in a library without the

 government knowing which books you look at (I'm one of those lefties,
 too), then this change in the technology of monitoring might concern
 you. If it becomes simple to gather and sort who does what in
 electronic spaces, then the friction-induced privacy of yesterday
 disappears.
 </para>
 government knowing which books you look at (I'm one of those lefties,
 too), then this change in the technology of monitoring might concern
 you. If it becomes simple to gather and sort who does what in
 electronic spaces, then the friction-induced privacy of yesterday
 disappears.
 </para>

+<indexterm startref='idxbrowsing' class='endofrange'/>
+<indexterm startref='idxamazon' class='endofrange'/>

 <para>
 <para>

-It is this reality that explains the push of many to define "privacy"
+It is this reality that explains the push of many to define <quote>privacy</quote>

 on the Internet. It is the recognition that technology can remove what
 friction before gave us that leads many to push for laws to do what 
 friction did.<footnote><para>
 <!-- f1. -->
 
 on the Internet. It is the recognition that technology can remove what
 friction before gave us that leads many to push for laws to do what 
 friction did.<footnote><para>
 <!-- f1. -->
 

-See, for example, Marc Rotenberg, "Fair Information Practices and the
-Architecture of Privacy (What Larry Doesn't Get)," <citetitle>Stanford Technology
+See, for example, Marc Rotenberg, <quote>Fair Information Practices and the
+Architecture of Privacy (What Larry Doesn't Get),</quote> <citetitle>Stanford Technology

 Law Review</citetitle> 1 (2001): par. 6&ndash;18, available at
 
 <ulink url="http://free-culture.cc/notes/">link #72</ulink>
 Law Review</citetitle> 1 (2001): par. 6&ndash;18, available at
 
 <ulink url="http://free-culture.cc/notes/">link #72</ulink>


@@ -13000,6 +14102,11 @@ kind of freedom that was passively provided before. A change in
 technology now forces those who believe in privacy to affirmatively
 act where, before, privacy was given by default.
 </para>
 technology now forces those who believe in privacy to affirmatively
 act where, before, privacy was given by default.
 </para>

+<indexterm startref='idxprivacyrights2' class='endofrange'/>
+<indexterm startref='idxinternetprivacyprotectionon' class='endofrange'/>
+<indexterm><primary>Data General</primary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>
+<indexterm id='idxfreesoftwareopensourcesoftwarefsoss2' class='startofrange'><primary>free software/open-source software (FS/OSS)</primary></indexterm>

 <para>
 A similar story could be told about the birth of the free software
 movement. When computers with software were first made available
 <para>
 A similar story could be told about the birth of the free software
 movement. When computers with software were first made available


@@ -13008,7 +14115,7 @@ binaries&mdash; was free. You couldn't run a program written for a
 Data General machine on an IBM machine, so Data General and IBM didn't
 care much about controlling their software.
 </para>
 Data General machine on an IBM machine, so Data General and IBM didn't
 care much about controlling their software.
 </para>

-<indexterm><primary>Stallman, Richard</primary></indexterm>
+<indexterm id='idxstallmanrichard' class='startofrange'><primary>Stallman, Richard</primary></indexterm>

 <para>
 That was the world Richard Stallman was born into, and while he was a
 researcher at MIT, he grew to love the community that developed when
 <para>
 That was the world Richard Stallman was born into, and while he was a
 researcher at MIT, he grew to love the community that developed when


@@ -13029,6 +14136,7 @@ free to tinker with and improve the code that ran a machine. This,
 too, was knowledge. Why shouldn't it be open for criticism like
 anything else?
 </para>
 too, was knowledge. Why shouldn't it be open for criticism like
 anything else?
 </para>

+<indexterm id='idxproprietarycode' class='startofrange'><primary>proprietary code</primary></indexterm>

 <para>
 No one answered that question. Instead, the architecture of revenue
 for computing changed. As it became possible to import programs from
 <para>
 No one answered that question. Instead, the architecture of revenue
 for computing changed. As it became possible to import programs from


@@ -13047,11 +14155,14 @@ economics of computing. And as he believed, if he did nothing about
 it, then the freedom to change and share software would be
 fundamentally weakened.
 </para>
 it, then the freedom to change and share software would be
 fundamentally weakened.
 </para>

+<indexterm startref='idxproprietarycode' class='endofrange'/>
+<indexterm><primary>Torvalds, Linus</primary></indexterm>

 <para>
 Therefore, in 1984, Stallman began a project to build a free operating
 system, so that at least a strain of free software would survive. That
 <para>
 Therefore, in 1984, Stallman began a project to build a free operating
 system, so that at least a strain of free software would survive. That

-was the birth of the GNU project, into which Linus Torvalds's "Linux"
+was the birth of the GNU project, into which Linus Torvalds's <quote>Linux</quote>

 kernel was added to produce the GNU/Linux operating system.
 kernel was added to produce the GNU/Linux operating system.

+<indexterm><primary>GNU/Linux operating system</primary></indexterm>

 <indexterm><primary>Linux operating system</primary></indexterm>
 </para>
 <para>
 <indexterm><primary>Linux operating system</primary></indexterm>
 </para>
 <para>


@@ -13073,11 +14184,19 @@ that bind copyrighted code, Stallman was affirmatively reclaiming a
 space where free software would survive. He was actively protecting
 what before had been passively guaranteed.
 </para>
 space where free software would survive. He was actively protecting
 what before had been passively guaranteed.
 </para>

+<indexterm startref='idxfreesoftwareopensourcesoftwarefsoss2' class='endofrange'/>
+<indexterm startref='idxstallmanrichard' class='endofrange'/>
+<indexterm id='idxacademicjournals' class='startofrange'><primary>academic journals</primary></indexterm>
+<indexterm id='idxscientificjournals' class='startofrange'><primary>scientific journals</primary></indexterm>

 <para>
 Finally, consider a very recent example that more directly resonates
 with the story of this book. This is the shift in the way academic and
 scientific journals are produced.
 </para>
 <para>
 Finally, consider a very recent example that more directly resonates
 with the story of this book. This is the shift in the way academic and
 scientific journals are produced.
 </para>

+<indexterm id='idxlexisandwestlaw' class='startofrange'><primary>Lexis and Westlaw</primary></indexterm>
+<indexterm id='idxlawdatabasesofcasereportsin' class='startofrange'><primary>law</primary><secondary>databases of case reports in</secondary></indexterm>
+<indexterm><primary>libraries</primary><secondary>journals in</secondary></indexterm>
+<indexterm><primary>Supreme Court, U.S.</primary><secondary>access to opinions of</secondary></indexterm>

 <para>
 As digital technologies develop, it is becoming obvious to many that
 printing thousands of copies of journals every month and sending them
 <para>
 As digital technologies develop, it is becoming obvious to many that
 printing thousands of copies of journals every month and sending them


@@ -13094,6 +14213,8 @@ and Westlaw are also free
 to charge users for the privilege of gaining access to that Supreme
 Court opinion through their respective services.
 </para>
 to charge users for the privilege of gaining access to that Supreme
 Court opinion through their respective services.
 </para>

+<indexterm><primary>public domain</primary><secondary>access fees for material in</secondary></indexterm>
+<indexterm id='idxpublicdomainlicensesystemforrebuildingof' class='startofrange'><primary>public domain</primary><secondary>license system for rebuilding of</secondary></indexterm>

 <para>
 There's nothing wrong in general with this, and indeed, the ability to
 charge for access to even public domain materials is a good incentive
 <para>
 There's nothing wrong in general with this, and indeed, the ability to
 charge for access to even public domain materials is a good incentive


@@ -13103,11 +14224,14 @@ to flourish. And if there's nothing wrong with selling the public
 domain, then there could be nothing wrong, in principle, with selling
 access to material that is not in the public domain.
 </para>
 domain, then there could be nothing wrong, in principle, with selling
 access to material that is not in the public domain.
 </para>

+<indexterm startref='idxlexisandwestlaw' class='endofrange'/>
+<indexterm startref='idxlawdatabasesofcasereportsin' class='endofrange'/>

 <para>
 But what if the only way to get access to social and scientific data
 was through proprietary services? What if no one had the ability to
 browse this data except by paying for a subscription?
 </para>
 <para>
 But what if the only way to get access to social and scientific data
 was through proprietary services? What if no one had the ability to
 browse this data except by paying for a subscription?
 </para>

+<indexterm id='idxlibrariesjournalsin' class='startofrange'><primary>libraries</primary><secondary>journals in</secondary></indexterm>

 <para>
 As many are beginning to notice, this is increasingly the reality with
 scientific journals. When these journals were distributed in paper
 <para>
 As many are beginning to notice, this is increasingly the reality with
 scientific journals. When these journals were distributed in paper


@@ -13128,6 +14252,8 @@ public libraries begin to disappear. Thus, as with privacy and with
 software, a changing technology and market shrink a freedom taken for
 granted before.
 </para>
 software, a changing technology and market shrink a freedom taken for
 granted before.
 </para>

+<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
+<indexterm><primary>Public Library of Science (PLoS)</primary></indexterm>

 <para>
 This shrinking freedom has led many to take affirmative steps to
 restore the freedom that has been lost. The Public Library of Science
 <para>
 This shrinking freedom has led many to take affirmative steps to
 restore the freedom that has been lost. The Public Library of Science


@@ -13140,8 +14266,8 @@ then deposited in a public, electronic archive and made permanently
 available for free. PLoS also sells a print version of its work, but
 the copyright for the print journal does not inhibit the right of
 anyone to redistribute the work for free.
 available for free. PLoS also sells a print version of its work, but
 the copyright for the print journal does not inhibit the right of
 anyone to redistribute the work for free.

-<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>

 </para>
 </para>

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

 <para>
 This is one of many such efforts to restore a freedom taken for
 granted before, but now threatened by changing technology and markets.
 <para>
 This is one of many such efforts to restore a freedom taken for
 granted before, but now threatened by changing technology and markets.


@@ -13151,17 +14277,18 @@ distribution of content. But competition in our tradition is
 presumptively a good&mdash;especially when it helps spread knowledge
 and science.
 </para>
 presumptively a good&mdash;especially when it helps spread knowledge
 and science.
 </para>

-
+<indexterm startref='idxfreeculturerestorationeffortsonpreviousaspectsof' class='endofrange'/>
+<indexterm startref='idxacademicjournals' class='endofrange'/>
+<indexterm startref='idxscientificjournals' class='endofrange'/>

 </section>
 <section id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>
 </section>
 <section id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>

-<indexterm id="idxcc" class='startofrange'>
-  <primary>Creative Commons</primary>
-</indexterm>
+<indexterm id='idxcreativecommons' class='startofrange'><primary>Creative Commons</primary></indexterm>

 <para>
 The same strategy could be applied to culture, as a response to the
 increasing control effected through law and technology.
 </para>
 <para>
 The same strategy could be applied to culture, as a response to the
 increasing control effected through law and technology.
 </para>

+<indexterm><primary>Stanford University</primary></indexterm>

 <para>
 Enter the Creative Commons. The Creative Commons is a nonprofit
 corporation established in Massachusetts, but with its home at
 <para>
 Enter the Creative Commons. The Creative Commons is a nonprofit
 corporation established in Massachusetts, but with its home at


@@ -13187,7 +14314,7 @@ machine-readable tags&mdash;constitute a Creative Commons license. A
 Creative Commons license constitutes a grant of freedom to anyone who
 accesses the license, and more importantly, an expression of the ideal
 that the person associated with the license believes in something
 Creative Commons license constitutes a grant of freedom to anyone who
 accesses the license, and more importantly, an expression of the ideal
 that the person associated with the license believes in something

-different than the "All" or "No" extremes. Content is marked with the
+different than the <quote>All</quote> or <quote>No</quote> extremes. Content is marked with the

 CC mark, which does not mean that copyright is waived, but that
 certain freedoms are given.
 </para>
 CC mark, which does not mean that copyright is waived, but that
 certain freedoms are given.
 </para>


@@ -13197,8 +14324,8 @@ precise contours depend upon the choices the creator makes. The
 creator can choose a license that permits any use, so long as
 attribution is given. She can choose a license that permits only
 noncommercial use.  She can choose a license that permits any use so
 creator can choose a license that permits any use, so long as
 attribution is given. She can choose a license that permits only
 noncommercial use.  She can choose a license that permits any use so

-long as the same freedoms are given to other uses ("share and share
-alike"). Or any use so long as no derivative use is made. Or any use
+long as the same freedoms are given to other uses (<quote>share and share
+alike</quote>). Or any use so long as no derivative use is made. Or any use

 at all within developing nations. Or any sampling use, so long as full
 copies are not made. Or lastly, any educational use.
 </para>
 at all within developing nations. Or any sampling use, so long as full
 copies are not made. Or lastly, any educational use.
 </para>


@@ -13213,6 +14340,7 @@ upon. Voluntary choice of individuals and creators will make this
 content available. And that content will in turn enable us to rebuild
 a public domain.
 </para>
 content available. And that content will in turn enable us to rebuild
 a public domain.
 </para>

+<indexterm><primary>Garlick, Mia</primary></indexterm>

 <para>
 This is just one project among many within the Creative Commons.  And
 of course, Creative Commons is not the only organization pursuing such
 <para>
 This is just one project among many within the Creative Commons.  And
 of course, Creative Commons is not the only organization pursuing such


@@ -13221,13 +14349,13 @@ many is that we are not interested only in talking about a public
 domain or in getting legislators to help build a public domain. Our
 aim is to build a movement of consumers and producers
 <!-- PAGE BREAK 289 -->
 domain or in getting legislators to help build a public domain. Our
 aim is to build a movement of consumers and producers
 <!-- PAGE BREAK 289 -->

-of content ("content conducers," as attorney Mia Garlick calls them)
+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.
 who help build the public domain and, by their work, demonstrate the
 importance of the public domain to other creativity.

-<indexterm><primary>Garlick, Mia</primary></indexterm>

 </para>
 </para>

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

 <para>
 <para>

-The aim is not to fight the "All Rights Reserved" sorts. The aim is to
+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
 are produced by insane and unintended consequences of laws written
 centuries ago, applied to a technology that only Jefferson could have
 complement them. The problems that the law creates for us as a culture
 are produced by insane and unintended consequences of laws written
 centuries ago, applied to a technology that only Jefferson could have


@@ -13238,6 +14366,7 @@ freedoms, expressed in ways so that humans without lawyers can use
 them&mdash;are needed. Creative Commons gives people a way effectively
 to begin to build those rules.
 </para>
 them&mdash;are needed. Creative Commons gives people a way effectively
 to begin to build those rules.
 </para>

+<indexterm id='idxbooksfreeonline2' class='startofrange'><primary>books</primary><secondary>free on-line releases of</secondary></indexterm>

 <para>
 Why would creators participate in giving up total control? Some
 participate to better spread their content. Cory Doctorow, for
 <para>
 Why would creators participate in giving up total control? Some
 participate to better spread their content. Cory Doctorow, for


@@ -13263,6 +14392,8 @@ conclusion.  The book's first printing was exhausted months before the
 publisher had expected. This first novel of a science fiction author
 was a total success.
 </para>
 publisher had expected. This first novel of a science fiction author
 was a total success.
 </para>

+<indexterm><primary>Free for All (Wayner)</primary></indexterm>
+<indexterm><primary>Wayner, Peter</primary></indexterm>

 <para>
 The idea that free content might increase the value of nonfree content
 was confirmed by the experience of another author. Peter Wayner,
 <para>
 The idea that free content might increase the value of nonfree content
 was confirmed by the experience of another author. Peter Wayner,


@@ -13274,11 +14405,15 @@ used book store prices for the book. As predicted, as the number of
 downloads increased, the used book price for his book increased, as
 well.
 </para>
 downloads increased, the used book price for his book increased, as
 well.
 </para>

+<indexterm startref='idxbooksfreeonline2' class='endofrange'/>
+<indexterm><primary>Public Enemy</primary></indexterm>
+<indexterm><primary>rap music</primary></indexterm>
+<indexterm><primary>Leaphart, Walter</primary></indexterm>

 <para>
 These are examples of using the Commons to better spread proprietary
 content. I believe that is a wonderful and common use of the
 Commons. There are others who use Creative Commons licenses for other
 <para>
 These are examples of using the Commons to better spread proprietary
 content. I believe that is a wonderful and common use of the
 Commons. There are others who use Creative Commons licenses for other

-reasons. Many who use the "sampling license" do so because anything
+reasons. Many who use the <quote>sampling license</quote> do so because anything

 else would be hypocritical. The sampling license says that others are
 free, for commercial or noncommercial purposes, to sample content from
 the licensed work; they are just not free to make full copies of the
 else would be hypocritical. The sampling license says that others are
 free, for commercial or noncommercial purposes, to sample content from
 the licensed work; they are just not free to make full copies of the


@@ -13286,11 +14421,10 @@ licensed work available to others. This is consistent with their own
 art&mdash;they, too, sample from others. Because the
 <emphasis>legal</emphasis> costs of sampling are so high (Walter
 Leaphart, manager of the rap group Public Enemy, which was born
 art&mdash;they, too, sample from others. Because the
 <emphasis>legal</emphasis> costs of sampling are so high (Walter
 Leaphart, manager of the rap group Public Enemy, which was born

-sampling the music of others, has stated that he does not "allow"
+sampling the music of others, has stated that he does not <quote>allow</quote>

 Public Enemy to sample anymore, because the legal costs are so
 high<footnote><para>
 <!-- f2. -->
 Public Enemy to sample anymore, because the legal costs are so
 high<footnote><para>
 <!-- f2. -->

-

 <citetitle>Willful Infringement: A Report from the Front Lines of the Real
 Culture Wars</citetitle> (2003), produced by Jed Horovitz, directed by Greg
 Hittelman, a Fiat Lucre production, available at
 <citetitle>Willful Infringement: A Report from the Front Lines of the Real
 Culture Wars</citetitle> (2003), produced by Jed Horovitz, directed by Greg
 Hittelman, a Fiat Lucre production, available at


@@ -13303,12 +14437,12 @@ that others can build upon, so that their form of creativity might grow.
 Finally, there are many who mark their content with a Creative Commons
 license just because they want to express to others the importance of
 balance in this debate. If you just go along with the system as it is,
 Finally, there are many who mark their content with a Creative Commons
 license just because they want to express to others the importance of
 balance in this debate. If you just go along with the system as it is,

-you are effectively saying you believe in the "All Rights Reserved"
+you are effectively saying you believe in the <quote>All Rights Reserved</quote>

 model. Good for you, but many do not. Many believe that however
 appropriate that rule is for Hollywood and freaks, it is not an
 appropriate description of how most creators view the rights
 associated with their content. The Creative Commons license expresses
 model. Good for you, but many do not. Many believe that however
 appropriate that rule is for Hollywood and freaks, it is not an
 appropriate description of how most creators view the rights
 associated with their content. The Creative Commons license expresses

-this notion of "Some Rights Reserved," and gives many the chance to
+this notion of <quote>Some Rights Reserved,</quote> and gives many the chance to

 say it to others.
 </para>
 <para>
 say it to others.
 </para>
 <para>


@@ -13338,19 +14472,19 @@ make it easier for authors and creators to exercise their rights more
 flexibly and cheaply. That difference, we believe, will enable
 creativity to spread more easily.
 </para>
 flexibly and cheaply. That difference, we believe, will enable
 creativity to spread more easily.
 </para>

-<indexterm startref="idxcc" class='endofrange'/>
-
+<indexterm startref='idxpublicdomainlicensesystemforrebuildingof' class='endofrange'/>
+<indexterm startref='idxcreativecommons' class='endofrange'/>

 <!-- PAGE BREAK 292 -->
 </section>
 </section>
 <section id="themsoon">
 <title>THEM, SOON</title>
 <para>
 <!-- PAGE BREAK 292 -->
 </section>
 </section>
 <section id="themsoon">
 <title>THEM, SOON</title>
 <para>

-We will not reclaim a free culture by individual action alone. It will
-also take important reforms of laws. We have a long way to go before
-the politicians will listen to these ideas and implement these reforms.
-But that also means that we have time to build awareness around the
-changes that we need.
+<emphasis role='strong'>We will</emphasis> not reclaim a free culture
+by individual action alone. It will also take important reforms of
+laws. We have a long way to go before the politicians will listen to
+these ideas and implement these reforms.  But that also means that we
+have time to build awareness around the changes that we need.

 </para>
 <para>
 In this chapter, I outline five kinds of changes: four that are general,
 </para>
 <para>
 In this chapter, I outline five kinds of changes: four that are general,


@@ -13377,14 +14511,15 @@ protected.
 In contrast, under current copyright law, you automatically get a
 copyright, regardless of whether you comply with any formality. You
 don't have to register. You don't even have to mark your content. The
 In contrast, under current copyright law, you automatically get a
 copyright, regardless of whether you comply with any formality. You
 don't have to register. You don't even have to mark your content. The

-default is control, and "formalities" are banished.
+default is control, and <quote>formalities</quote> are banished.

 </para>
 <para>
 Why?
 </para>
 <para>
 </para>
 <para>
 Why?
 </para>
 <para>

-As I suggested in chapter 10, the motivation to abolish formalities
-was a good one. In the world before digital technologies, formalities
+As I suggested in chapter <xref xrefstyle="select: labelnumber"
+linkend="property-i"/>, the motivation to abolish formalities was a
+good one. In the world before digital technologies, formalities

 imposed a burden on copyright holders without much benefit. Thus, it
 was progress when the law relaxed the formal requirements that a
 copyright owner must bear to protect and secure his work. Those
 imposed a burden on copyright holders without much benefit. Thus, it
 was progress when the law relaxed the formal requirements that a
 copyright owner must bear to protect and secure his work. Those


@@ -13513,8 +14648,8 @@ There would be a complication with derivative works that I have not
 solved here. In my view, the law of derivatives creates a more complicated
 system than is justified by the marginal incentive it creates.
 </para></footnote>
 solved here. In my view, the law of derivatives creates a more complicated
 system than is justified by the marginal incentive it creates.
 </para></footnote>

-The meaning of an unmarked work would therefore be "use unless someone
-complains." If someone does complain, then the obligation would be to
+The meaning of an unmarked work would therefore be <quote>use unless someone
+complains.</quote> If someone does complain, then the obligation would be to

 stop using the work in any new
 <!-- PAGE BREAK 296 -->
 work from then on though no penalty would attach for existing uses.
 stop using the work in any new
 <!-- PAGE BREAK 296 -->
 work from then on though no penalty would attach for existing uses.


@@ -13528,6 +14663,7 @@ evolve. The best way to ensure that the system evolves is to limit the
 Copyright Office's role to that of approving standards for marking
 content that have been crafted elsewhere.
 </para>
 Copyright Office's role to that of approving standards for marking
 content that have been crafted elsewhere.
 </para>

+<indexterm><primary>CDs</primary><secondary>copyright marking of</secondary></indexterm>

 <para>
 For example, if a recording industry association devises a method for
 marking CDs, it would propose that to the Copyright Office. The
 <para>
 For example, if a recording industry association devises a method for
 marking CDs, it would propose that to the Copyright Office. The


@@ -13581,7 +14717,7 @@ radical. <citetitle>The Economist</citetitle> endorsed a proposal for a fourteen
 copyright term.<footnote><para>
 
 <!-- f3. -->
 copyright term.<footnote><para>
 
 <!-- f3. -->

-"A Radical Rethink," <citetitle>Economist</citetitle>, 366:8308 (25 January 2003): 15,
+<quote>A Radical Rethink,</quote> <citetitle>Economist</citetitle>, 366:8308 (25 January 2003): 15,

 available at
 <ulink url="http://free-culture.cc/notes/">link #74</ulink>.
 </para></footnote>
 available at
 <ulink url="http://free-culture.cc/notes/">link #74</ulink>.
 </para></footnote>


@@ -13607,16 +14743,18 @@ work up with legal regulations when it no longer benefits an author.
 <!-- (2) -->
 <emphasis>Keep it simple:</emphasis> The line between the public
 domain and protected content must be kept clear. Lawyers like the
 <!-- (2) -->
 <emphasis>Keep it simple:</emphasis> The line between the public
 domain and protected content must be kept clear. Lawyers like the

-fuzziness of "fair use," and the distinction between "ideas" and
-"expression."  That kind of law gives them lots of work. But our
+fuzziness of <quote>fair use,</quote> and the distinction between <quote>ideas</quote> and
+<quote>expression.</quote>  That kind of law gives them lots of work. But our

 framers had a simpler idea in mind: protected versus unprotected.  The
 value of short terms is that there is little need to build exceptions
 into copyright when the term itself is kept short. A clear and active
 framers had a simpler idea in mind: protected versus unprotected.  The
 value of short terms is that there is little need to build exceptions
 into copyright when the term itself is kept short. A clear and active

-"lawyer-free zone" makes the complexities of "fair use" and
-"idea/expression" less necessary to navigate.
+<quote>lawyer-free zone</quote> makes the complexities of <quote>fair use</quote> and
+<quote>idea/expression</quote> less necessary to navigate.

 <!-- PAGE BREAK 298 -->
 </para></listitem>
 <!-- PAGE BREAK 298 -->
 </para></listitem>

-<listitem><para>
+<listitem>
+<indexterm><primary>veterans' pensions</primary></indexterm>
+<para>

 <!-- (3) -->
 <emphasis>Keep it alive:</emphasis> Copyright should have to be
 renewed.  Especially if the maximum term is long, the copyright owner
 <!-- (3) -->
 <emphasis>Keep it alive:</emphasis> Copyright should have to be
 renewed.  Especially if the maximum term is long, the copyright owner


@@ -13634,7 +14772,6 @@ available at
 If we make veterans suffer that burden, I don't see why we couldn't
 require authors to spend ten minutes every fifty years to file a
 single form.
 If we make veterans suffer that burden, I don't see why we couldn't
 require authors to spend ten minutes every fifty years to file a
 single form.

-<indexterm><primary>veterans' pensions</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- (4) -->
 </para></listitem>
 <listitem><para>
 <!-- (4) -->


@@ -13660,9 +14797,9 @@ the average term was just 32.2 years. We should be aiming for the
 same.
 </para>
 <para>
 same.
 </para>
 <para>

-No doubt the extremists will call these ideas "radical." (After all, I
-call them "extremists.") But again, the term I recommended was longer
-than the term under Richard Nixon. How "radical" can it be to ask for
+No doubt the extremists will call these ideas <quote>radical.</quote> (After all, I
+call them <quote>extremists.</quote>) But again, the term I recommended was longer
+than the term under Richard Nixon. How <quote>radical</quote> can it be to ask for

 a more generous copyright law than Richard Nixon presided over?
 </para>
 
 a more generous copyright law than Richard Nixon presided over?
 </para>
 


@@ -13671,6 +14808,8 @@ 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


@@ -13680,14 +14819,15 @@ challenge.  It made no sense anymore to grant that much control, given
 the emergence of that new technology.
 </para>
 <para>
 the emergence of that new technology.
 </para>
 <para>

-Our Constitution gives Congress the power to give authors "exclusive
-right" to "their writings." Congress has given authors an exclusive
-right to "their writings" plus any derivative writings (made by
+Our Constitution gives Congress the power to give authors <quote>exclusive
+right</quote> to <quote>their writings.</quote> Congress has given authors an exclusive
+right to <quote>their writings</quote> plus any derivative writings (made by

 others) that are sufficiently close to the author's original
 work. Thus, if I write a book, and you base a movie on that book, I
 have the power to deny you the right to release that movie, even
 others) that are sufficiently close to the author's original
 work. Thus, if I write a book, and you base a movie on that book, I
 have the power to deny you the right to release that movie, even

-though that movie is not "my writing."
+though that movie is not <quote>my writing.</quote>

 </para>
 </para>

+<indexterm><primary>Kaplan, Benjamin</primary></indexterm>

 <para>
 Congress granted the beginnings of this right in 1870, when it
 expanded the exclusive right of copyright to include a right to
 <para>
 Congress granted the beginnings of this right in 1870, when it
 expanded the exclusive right of copyright to include a right to


@@ -13735,7 +14875,7 @@ after the creative work is done.
 rights be narrowed.  Again, there are some cases in which derivative
 rights are important.  Those should be specified. But the law should
 draw clear lines around regulated and unregulated uses of copyrighted
 rights be narrowed.  Again, there are some cases in which derivative
 rights are important.  Those should be specified. But the law should
 draw clear lines around regulated and unregulated uses of copyrighted

-material. When all "reuse" of creative material was within the control
+material. When all <quote>reuse</quote> of creative material was within the control

 of businesses, perhaps it made sense to require lawyers to negotiate
 the lines. It no longer makes sense for lawyers to negotiate the
 lines. Think about all the creative possibilities that digital
 of businesses, perhaps it made sense to require lawyers to negotiate
 the lines. It no longer makes sense for lawyers to negotiate the
 lines. Think about all the creative possibilities that digital


@@ -13743,6 +14883,7 @@ 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


@@ -13808,10 +14949,11 @@ an exclusive right to a composer to control public performances of his
 work, and to a performing artist to control copies of her performance.
 </para>
 <para>
 work, and to a performing artist to control copies of her performance.
 </para>
 <para>

-File-sharing networks complicate this model by enabling the
-spread of content for which the performer has not been paid. But of
-course, that's not all the file-sharing networks do. As I described in
-chapter 5, they enable four different kinds of sharing:
+File-sharing networks complicate this model by enabling the spread of
+content for which the performer has not been paid. But of course,
+that's not all the file-sharing networks do. As I described in chapter
+<xref xrefstyle="select: labelnumber" linkend="piracy"/>, they enable
+four different kinds of sharing:

 </para>
 <orderedlist numeration="upperalpha">
 <listitem><para>
 </para>
 <orderedlist numeration="upperalpha">
 <listitem><para>


@@ -13838,6 +14980,8 @@ content that is not copyrighted or to get access that the copyright
 owner plainly endorses.
 </para></listitem>
 </orderedlist>
 owner plainly endorses.
 </para></listitem>
 </orderedlist>

+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
+<indexterm><primary>VCRs</primary></indexterm>

 <para>
 Any reform of the law needs to keep these different uses in focus. It
 must avoid burdening type D even if it aims to eliminate type A. The
 <para>
 Any reform of the law needs to keep these different uses in focus. It
 must avoid burdening type D even if it aims to eliminate type A. The


@@ -13847,7 +14991,8 @@ effect of sharing is actually not very harmful, the need for regulation is
 significantly weakened.
 </para>
 <para>
 significantly weakened.
 </para>
 <para>

-As I said in chapter 5, the actual harm caused by sharing is
+As I said in chapter <xref xrefstyle="select: labelnumber"
+linkend="piracy"/>, the actual harm caused by sharing is

 controversial.  For the purposes of this chapter, however, I assume
 the harm is real. I assume, in other words, that type A sharing is
 significantly greater than type B, and is the dominant use of sharing
 controversial.  For the purposes of this chapter, however, I assume
 the harm is real. I assume, in other words, that type A sharing is
 significantly greater than type B, and is the dominant use of sharing


@@ -13885,6 +15030,7 @@ 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,


@@ -13901,10 +15047,10 @@ is. Content services will compete with content sharing, even if the
 services charge money for the content they give access to. Already
 cell-phone services in Japan offer music (for a fee) streamed over
 cell phones (enhanced with plugs for headphones). The Japanese are
 services charge money for the content they give access to. Already
 cell-phone services in Japan offer music (for a fee) streamed over
 cell phones (enhanced with plugs for headphones). The Japanese are

-paying for this content even though "free" content is available in the
+paying for this content even though <quote>free</quote> content is available in the

 form of MP3s across the Web.<footnote><para>
 <!-- f8. -->
 form of MP3s across the Web.<footnote><para>
 <!-- f8. -->

-See, for example, "Music Media Watch," The J@pan Inc. Newsletter, 3
+See, for example, <quote>Music Media Watch,</quote> The J@pan Inc. Newsletter, 3

 April 2002, available at
 <ulink url="http://free-culture.cc/notes/">link #76</ulink>.
 </para></footnote>
 April 2002, available at
 <ulink url="http://free-culture.cc/notes/">link #76</ulink>.
 </para></footnote>


@@ -13912,11 +15058,11 @@ April 2002, available at
 </para>
 <para>
 This point about the future is meant to suggest a perspective on the
 </para>
 <para>
 This point about the future is meant to suggest a perspective on the

-present: It is emphatically temporary. The "problem" with file
+present: It is emphatically temporary. The <quote>problem</quote> with file

 sharing&mdash;to the extent there is a real problem&mdash;is a problem
 that will increasingly disappear as it becomes easier to connect to
 the Internet.  And thus it is an extraordinary mistake for policy
 sharing&mdash;to the extent there is a real problem&mdash;is a problem
 that will increasingly disappear as it becomes easier to connect to
 the Internet.  And thus it is an extraordinary mistake for policy

-makers today to be "solving" this problem in light of a technology
+makers today to be <quote>solving</quote> this problem in light of a technology

 that will be gone tomorrow.  The question should not be how to
 regulate the Internet to eliminate file sharing (the Net will evolve
 that problem away). The question instead should be how to assure that
 that will be gone tomorrow.  The question should not be how to
 regulate the Internet to eliminate file sharing (the Net will evolve
 that problem away). The question instead should be how to assure that


@@ -13927,10 +15073,10 @@ this transition between twentieth-century models for doing business
 and twenty-first-century technologies.
 </para>
 <para>
 and twenty-first-century technologies.
 </para>
 <para>

-The answer begins with recognizing that there are different "problems"
+The answer begins with recognizing that there are different <quote>problems</quote>

 here to solve. Let's start with type D content&mdash;uncopyrighted
 content or copyrighted content that the artist wants shared. The
 here to solve. Let's start with type D content&mdash;uncopyrighted
 content or copyrighted content that the artist wants shared. The

-"problem" with this content is to make sure that the technology that
+<quote>problem</quote> with this content is to make sure that the technology that

 would enable this kind of sharing is not rendered illegal. You can
 think of it this way: Pay phones are used to deliver ransom demands,
 no doubt.  But there are many who need to use pay phones who have
 would enable this kind of sharing is not rendered illegal. You can
 think of it this way: Pay phones are used to deliver ransom demands,
 no doubt.  But there are many who need to use pay phones who have


@@ -13938,7 +15084,7 @@ nothing to do with ransoms. It would be wrong to ban pay phones in
 order to eliminate kidnapping.
 </para>
 <para>
 order to eliminate kidnapping.
 </para>
 <para>

-Type C content raises a different "problem." This is content that was,
+Type C content raises a different <quote>problem.</quote> This is content that was,

 at one time, published and is no longer available. It may be
 unavailable because the artist is no longer valuable enough for the
 record label he signed with to carry his work. Or it may be
 at one time, published and is no longer available. It may be
 unavailable because the artist is no longer valuable enough for the
 record label he signed with to carry his work. Or it may be


@@ -13946,6 +15092,8 @@ unavailable because the work is forgotten. Either way, the aim of the
 law should be to facilitate the access to this content, ideally in a
 way that returns something to the artist.
 </para>
 law should be to facilitate the access to this content, ideally in a
 way that returns something to the artist.
 </para>

+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>

 <para>
 Again, the model here is the used book store. Once a book goes out of
 print, it may still be available in libraries and used book
 <para>
 Again, the model here is the used book store. Once a book goes out of
 print, it may still be available in libraries and used book


@@ -13953,14 +15101,14 @@ stores. But libraries and used book stores don't pay the copyright
 owner when someone reads or buys an out-of-print book. That makes
 total sense, of course, since any other system would be so burdensome
 as to eliminate the possibility of used book stores' existing. But
 owner when someone reads or buys an out-of-print book. That makes
 total sense, of course, since any other system would be so burdensome
 as to eliminate the possibility of used book stores' existing. But

-from the author's perspective, this "sharing" of his content without
+from the author's perspective, this <quote>sharing</quote> of his content without

 his being compensated is less than ideal.
 </para>
 <para>
 The model of used book stores suggests that the law could simply deem
 out-of-print music fair game. If the publisher does not make copies of
 the music available for sale, then commercial and noncommercial
 his being compensated is less than ideal.
 </para>
 <para>
 The model of used book stores suggests that the law could simply deem
 out-of-print music fair game. If the publisher does not make copies of
 the music available for sale, then commercial and noncommercial

-providers would be free, under this rule, to "share" that content,
+providers would be free, under this rule, to <quote>share</quote> that content,

 even though the sharing involved making a copy. The copy here would be
 incidental to the trade; in a context where commercial publishing has
 ended, trading music should be as free as trading books.
 even though the sharing involved making a copy. The copy here would be
 incidental to the trade; in a context where commercial publishing has
 ended, trading music should be as free as trading books.


@@ -14018,11 +15166,13 @@ the Internet, or the p2p technologies that are currently harming
 content providers on the Internet, we should find a relatively simple
 way to compensate those who are harmed.
 </para>
 content providers on the Internet, we should find a relatively simple
 way to compensate those who are harmed.
 </para>

+<indexterm id='idxpromisestokeepfisher' class='startofrange'><primary>Promises to Keep (Fisher)</primary></indexterm>

 <para>
 The idea would be a modification of a proposal that has been
 floated by Harvard law professor William Fisher.<footnote>
 <para>
 <!-- f9. -->
 <para>
 The idea would be a modification of a proposal that has been
 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


@@ -14032,22 +15182,22 @@ Entertainment</citetitle> (forthcoming) (Stanford: Stanford University Press,
 <ulink url="http://free-culture.cc/notes/">link #78</ulink>. Professor 
 Netanel has proposed a related idea that would exempt noncommercial
 sharing from the reach of copyright and would establish compensation
 <ulink url="http://free-culture.cc/notes/">link #78</ulink>. Professor 
 Netanel has proposed a related idea that would exempt noncommercial
 sharing from the reach of copyright and would establish compensation

-to artists to balance any loss. See Neil Weinstock Netanel, "Impose a
-Noncommercial Use Levy to Allow Free P2P File Sharing," available at
-<ulink url="http://free-culture.cc/notes/">link #79</ulink>. For other proposals, see Lawrence Lessig, "Who's Holding Back
-Broadband?" <citetitle>Washington Post</citetitle>, 8 January 2002, A17; Philip S. Corwin on
+to artists to balance any loss. See Neil Weinstock Netanel, <quote>Impose a
+Noncommercial Use Levy to Allow Free P2P File Sharing,</quote> available at
+<ulink url="http://free-culture.cc/notes/">link #79</ulink>. For other proposals, see Lawrence Lessig, <quote>Who's Holding Back
+Broadband?</quote> <citetitle>Washington Post</citetitle>, 8 January 2002, A17; Philip S. Corwin on

 behalf of Sharman Networks, A Letter to Senator Joseph R. Biden, Jr.,
 Chairman of the Senate Foreign Relations Committee, 26 February 2002,
 available at 
 <ulink url="http://free-culture.cc/notes/">link #80</ulink>; Serguei Osokine, <citetitle>A Quick Case for Intellectual Property
 Use Fee (IPUF)</citetitle>, 3 March 2002, available at 
 <ulink url="http://free-culture.cc/notes/">link #81</ulink>; Jefferson Graham,
 behalf of Sharman Networks, A Letter to Senator Joseph R. Biden, Jr.,
 Chairman of the Senate Foreign Relations Committee, 26 February 2002,
 available at 
 <ulink url="http://free-culture.cc/notes/">link #80</ulink>; Serguei Osokine, <citetitle>A Quick Case for Intellectual Property
 Use Fee (IPUF)</citetitle>, 3 March 2002, available at 
 <ulink url="http://free-culture.cc/notes/">link #81</ulink>; Jefferson Graham,

-"Kazaa, Verizon Propose to Pay Artists Directly," <citetitle>USA Today</citetitle>, 13 May
+<quote>Kazaa, Verizon Propose to Pay Artists Directly,</quote> <citetitle>USA Today</citetitle>, 13 May

 2002, available at 
 2002, available at 

-<ulink url="http://free-culture.cc/notes/">link #82</ulink>; Steven M. Cherry, "Getting Copyright Right,"
+<ulink url="http://free-culture.cc/notes/">link #82</ulink>; Steven M. Cherry, <quote>Getting Copyright Right,</quote>

 IEEE Spectrum Online, 1 July 2002, available at 
 <ulink url="http://free-culture.cc/notes/">link #83</ulink>; Declan
 IEEE Spectrum Online, 1 July 2002, available at 
 <ulink url="http://free-culture.cc/notes/">link #83</ulink>; Declan

-McCullagh, "Verizon's Copyright Campaign," CNET News.com, 27 August
+McCullagh, <quote>Verizon's Copyright Campaign,</quote> CNET News.com, 27 August

 2002, available at 
 <ulink url="http://free-culture.cc/notes/">link #84</ulink>.
 Fisher's proposal is very similar to Richard Stallman's proposal for
 2002, available at 
 <ulink url="http://free-culture.cc/notes/">link #84</ulink>.
 Fisher's proposal is very similar to Richard Stallman's proposal for


@@ -14056,8 +15206,10 @@ proportionally, though more popular artists would get more than the less
 popular. As is typical with Stallman, his proposal predates the current 
 debate by about a decade. See 
 <ulink url="http://free-culture.cc/notes/">link #85</ulink>.
 popular. As is typical with Stallman, his proposal predates the current 
 debate by about a decade. See 
 <ulink url="http://free-culture.cc/notes/">link #85</ulink>.

-<indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>

 <indexterm><primary>Fisher, William</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


@@ -14084,10 +15236,12 @@ system, then it can be continued. If this form of protection is no
 longer necessary, then the system could lapse into the old system of
 controlling access.
 </para>
 longer necessary, then the system could lapse into the old system of
 controlling access.
 </para>

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

-the system supports the widest range of "semiotic democracy"
+the system supports the widest range of <quote>semiotic democracy</quote>

 possible. But the aims of semiotic democracy would be satisfied if the
 other changes I described were accomplished&mdash;in particular, the
 limits on derivative
 possible. But the aims of semiotic democracy would be satisfied if the
 other changes I described were accomplished&mdash;in particular, the
 limits on derivative


@@ -14097,13 +15251,17 @@ uses. A system that simply charges for access would not greatly burden
 semiotic democracy if there were few limitations on what one was
 allowed to do with the content itself.
 </para>
 semiotic democracy if there were few limitations on what one was
 allowed to do with the content itself.
 </para>

+<indexterm><primary>Apple Corporation</primary></indexterm>
+<indexterm><primary>MusicStore</primary></indexterm>
+<indexterm><primary>Real Networks</primary></indexterm>
+<indexterm><primary>CDs</primary><secondary>prices of</secondary></indexterm>

 <para>
 No doubt it would be difficult to calculate the proper measure of
 <para>
 No doubt it would be difficult to calculate the proper measure of

-"harm" to an industry. But the difficulty of making that calculation
+<quote>harm</quote> to an industry. But the difficulty of making that calculation

 would be outweighed by the benefit of facilitating innovation. This
 background system to compensate would also not need to interfere with
 innovative proposals such as Apple's MusicStore. As experts predicted
 would be outweighed by the benefit of facilitating innovation. This
 background system to compensate would also not need to interfere with
 innovative proposals such as Apple's MusicStore. As experts predicted

-when Apple launched the MusicStore, it could beat "free" by being
+when Apple launched the MusicStore, it could beat <quote>free</quote> by being

 easier than free is. This has proven correct: Apple has sold millions
 of songs at even the very high price of 99 cents a song. (At 99 cents,
 the cost is the equivalent of a per-song CD price, though the labels
 easier than free is. This has proven correct: Apple has sold millions
 of songs at even the very high price of 99 cents a song. (At 99 cents,
 the cost is the equivalent of a per-song CD price, though the labels


@@ -14112,17 +15270,22 @@ 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>cable television</primary></indexterm>
+<indexterm><primary>television</primary><secondary>cable vs. broadcast</secondary></indexterm>
+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>
+<indexterm><primary>piracy</primary><secondary>in Asia</secondary></indexterm>
+<indexterm><primary>film industry</primary><secondary>luxury theatres vs. video piracy in</secondary></indexterm>

 <para>
 <para>

-This competition has already occurred against the background of "free"
+This competition has already occurred against the background of <quote>free</quote>

 music from p2p systems. As the sellers of cable television have known
 for thirty years, and the sellers of bottled water for much more than
 music from p2p systems. As the sellers of cable television have known
 for thirty years, and the sellers of bottled water for much more than

-that, there is nothing impossible at all about "competing with free."
+that, there is nothing impossible at all about <quote>competing with free.</quote>

 Indeed, if anything, the competition spurs the competitors to offer
 new and better products. This is precisely what the competitive market
 was to be about. Thus in Singapore, though piracy is rampant, movie
 Indeed, if anything, the competition spurs the competitors to offer
 new and better products. This is precisely what the competitive market
 was to be about. Thus in Singapore, though piracy is rampant, movie

-theaters are often luxurious&mdash;with "first class" seats, and meals
+theaters are often luxurious&mdash;with <quote>first class</quote> seats, and meals

 served while you watch a movie&mdash;as they struggle and succeed in
 served while you watch a movie&mdash;as they struggle and succeed in

-finding ways to compete with "free."
+finding ways to compete with <quote>free.</quote>

 </para>
 <para>
 This regime of competition, with a backstop to assure that artists
 </para>
 <para>
 This regime of competition, with a backstop to assure that artists


@@ -14167,9 +15330,9 @@ sharing, to the extent actual harm is demonstrated.
 </para></listitem>
 </orderedlist>
 <para>
 </para></listitem>
 </orderedlist>
 <para>

-But what if "piracy" doesn't disappear? What if there is a competitive
+But what if <quote>piracy</quote> doesn't disappear? What if there is a competitive

 market providing content at a low cost, but a significant number of
 market providing content at a low cost, but a significant number of

-consumers continue to "take" content for nothing? Should the law do
+consumers continue to <quote>take</quote> content for nothing? Should the law do

 something then?
 </para>
 <para>
 something then?
 </para>
 <para>


@@ -14213,9 +15376,11 @@ client. And in a world where the rich clients have one strong view,
 the unwillingness of the profession to question or counter that one
 strong view queers the law.
 </para>
 the unwillingness of the profession to question or counter that one
 strong view queers the law.
 </para>

+<indexterm><primary>Nimmer, Melville</primary></indexterm>
+<indexterm><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary><secondary>Supreme Court challenge of</secondary></indexterm>

 <para>
 The evidence of this bending is compelling. I'm attacked as a
 <para>
 The evidence of this bending is compelling. I'm attacked as a

-"radical" by many within the profession, yet the positions that I am
+<quote>radical</quote> by many within the profession, yet the positions that I am

 advocating are precisely the positions of some of the most moderate
 and significant figures in the history of this branch of the
 law. Many, for example, thought crazy the challenge that we brought to
 advocating are precisely the positions of some of the most moderate
 and significant figures in the history of this branch of the
 law. Many, for example, thought crazy the challenge that we brought to


@@ -14223,7 +15388,7 @@ the Copyright Term Extension Act. Yet just thirty years ago, the
 dominant scholar and practitioner in the field of copyright, Melville
 Nimmer, thought it obvious.<footnote><para>
 <!-- f10. -->
 dominant scholar and practitioner in the field of copyright, Melville
 Nimmer, thought it obvious.<footnote><para>
 <!-- f10. -->

-Lawrence Lessig, "Copyright's First Amendment" (Melville B. Nimmer
+Lawrence Lessig, <quote>Copyright's First Amendment</quote> (Melville B. Nimmer

 Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 (2001): 1057, 1069&ndash;70.
 </para></footnote>
 
 Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 (2001): 1057, 1069&ndash;70.
 </para></footnote>
 


@@ -14248,7 +15413,7 @@ the data, and he has since revised his view again.  Compare Stan
 J. Liebowitz, <citetitle>Rethinking the Network Economy: The True Forces That
 Drive the Digital Marketplace</citetitle> (New York: Amacom, 2002), (reviewing his
 original view but expressing skepticism) with Stan J.  Liebowitz,
 J. Liebowitz, <citetitle>Rethinking the Network Economy: The True Forces That
 Drive the Digital Marketplace</citetitle> (New York: Amacom, 2002), (reviewing his
 original view but expressing skepticism) with Stan J.  Liebowitz,

-"Will MP3s Annihilate the Record Industry?" working paper, June 2003,
+<quote>Will MP3s Annihilate the Record Industry?</quote> working paper, June 2003,

 available at
 <ulink url="http://free-culture.cc/notes/">link #86</ulink>.
 Liebowitz's careful analysis is extremely valuable in estimating the
 available at
 <ulink url="http://free-culture.cc/notes/">link #86</ulink>.
 Liebowitz's careful analysis is extremely valuable in estimating the


@@ -14294,6 +15459,7 @@ 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


@@ -14307,23 +15473,21 @@ permission produces. Again, this is the reality of Brezhnev's Russia.
 The law should regulate in certain areas of culture&mdash;but it should
 regulate culture only where that regulation does good. Yet lawyers
 
 The law should regulate in certain areas of culture&mdash;but it should
 regulate culture only where that regulation does good. Yet lawyers
 

-<!-- PAGE BREAK 311 -->
+<!-- PAGE BREAK 311-->

 rarely test their power, or the power they promote, against this
 rarely test their power, or the power they promote, against this

-simple pragmatic question: "Will it do good?" When challenged about
-the expanding reach of the law, the lawyer answers, "Why not?"
+simple pragmatic question: <quote>Will it do good?</quote> When challenged about
+the expanding reach of the law, the lawyer answers, <quote>Why not?</quote>

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

-We should ask, "Why?" Show me why your regulation of culture is
+We should ask, <quote>Why?</quote> Show me why your regulation of culture is

 needed. Show me how it does good. And until you can show me both,
 keep your lawyers away.
 </para>
 <!-- PAGE BREAK 312 -->
 </section>
 </section>
 needed. Show me how it does good. And until you can show me both,
 keep your lawyers away.
 </para>
 <!-- PAGE BREAK 312 -->
 </section>
 </section>

-</partintro>
-<chapter><title></title><para></para></chapter>
-</part>
-<chapter id="c-notes">
+</chapter>
+<chapter label="17" id="c-notes">

 <title>NOTES</title>
 <para>
 Throughout this text, there are references to links on the World Wide
 <title>NOTES</title>
 <para>
 Throughout this text, there are references to links on the World Wide


@@ -14337,10 +15501,14 @@ alive, you will be redirected to that link. If the original link has
 disappeared, you will be redirected to an appropriate reference for
 the material.
 </para>
 disappeared, you will be redirected to an appropriate reference for
 the material.
 </para>

-<!-- PAGE BREAK 336 -->
+
+<!-- insert endnotes here -->
+<?latex \theendnotes ?>
+
+<!--PAGE BREAK 336-->

 
 </chapter>
 
 </chapter>

-<chapter id="c-acknowledgments">
+<chapter label="18" id="c-acknowledgments">

 <title>ACKNOWLEDGMENTS</title>
 <para>
 This book is the product of a long and as yet unsuccessful struggle that
 <title>ACKNOWLEDGMENTS</title>
 <para>
 This book is the product of a long and as yet unsuccessful struggle that


@@ -14348,6 +15516,7 @@ began when I read of Eric Eldred's war to keep books free. Eldred's
 work helped launch a movement, the free culture movement, and it is
 to him that this book is dedicated.
 </para>
 work helped launch a movement, the free culture movement, and it is
 to him that this book is dedicated.
 </para>

+<indexterm><primary>Rose, Mark</primary></indexterm>

 <para>
 I received guidance in various places from friends and academics,
 including Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner,
 <para>
 I received guidance in various places from friends and academics,
 including Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner,


@@ -14366,7 +15535,7 @@ Yuko Noguchi helped me to understand the laws of Japan as well as
 its culture. I am thankful to her, and to the many in Japan who helped
 me prepare this book: Joi Ito, Takayuki Matsutani, Naoto Misaki,
 Michihiro Sasaki, Hiromichi Tanaka, Hiroo Yamagata, and Yoshihiro
 its culture. I am thankful to her, and to the many in Japan who helped
 me prepare this book: Joi Ito, Takayuki Matsutani, Naoto Misaki,
 Michihiro Sasaki, Hiromichi Tanaka, Hiroo Yamagata, and Yoshihiro

-<!-- PAGE BREAK 337 -->
+<!--PAGE BREAK 337-->

 Yonezawa. I am thankful as well as to Professor Nobuhiro Nakayama,
 and the Tokyo University Business Law Center, for giving me the
 chance to spend time in Japan, and to Tadashi Shiraishi and Kiyokazu
 Yonezawa. I am thankful as well as to Professor Nobuhiro Nakayama,
 and the Tokyo University Business Law Center, for giving me the
 chance to spend time in Japan, and to Tadashi Shiraishi and Kiyokazu


@@ -14387,7 +15556,7 @@ K. L. Mann, Mark Manning, Nora McCauley, Jeffrey McHugh, Evan
 McMullen, Fred Norton, John Pormann, Pedro A. D.  Rezende, Shabbir
 Safdar, Saul Schleimer, Clay Shirky, Adam Shostack, Kragen Sitaker,
 Chris Smith, Bruce Steinberg, Andrzej Jan Taramina, Sean Walsh, Matt
 McMullen, Fred Norton, John Pormann, Pedro A. D.  Rezende, Shabbir
 Safdar, Saul Schleimer, Clay Shirky, Adam Shostack, Kragen Sitaker,
 Chris Smith, Bruce Steinberg, Andrzej Jan Taramina, Sean Walsh, Matt

-Wasserman, Miljenko Williams, "Wink," Roger Wood, "Ximmbo da Jazz,"
+Wasserman, Miljenko Williams, <quote>Wink,</quote> Roger Wood, <quote>Ximmbo da Jazz,</quote>

 and Richard Yanco. (I apologize if I have missed anyone; with
 computers come glitches, and a crash of my e-mail system meant I lost
 a bunch of great replies.)
 and Richard Yanco. (I apologize if I have missed anyone; with
 computers come glitches, and a crash of my e-mail system meant I lost
 a bunch of great replies.)


@@ -14407,7 +15576,131 @@ insisted that there would be unending happiness away from these
 battles, and who has always been right. This slow learner is, as ever,
 grateful for her perpetual patience and love.
 </para>
 battles, and who has always been right. This slow learner is, as ever,
 grateful for her perpetual patience and love.
 </para>

-<!-- PAGE BREAK 338 -->
+<!--PAGE BREAK 338-->

 
 </chapter>
 
 </chapter>

+<index></index>
+<colophon>
+<para>
+This digital book was published by Petter Reinholdtsen in 2014.
+</para>
+<para>
+The original hardcover paper book was published in 2004 by The Penguin
+Press, a member of Penguin Group (USA) Inc. 375 Hudson Street New
+York, New York.
+</para>
+<para>
+Copyright &copy; Lawrence Lessig.  Some rights reserved.
+</para>
+<para>
+This version of <citetitle>Free Culture</citetitle> is licensed under
+a Creative Commons license. This license permits non-commercial use of
+this work, so long as attribution is given.  For more information
+about the license, click the icon above, or visit
+<ulink url="http://creativecommons.org/licenses/by-nc/1.0/">http://creativecommons.org/licenses/by-nc/1.0/</ulink>
+</para>
+<para>
+Excerpt from an editorial titled <quote>The Coming of Copyright
+Perpetuity,</quote> <citetitle>The New York Times</citetitle>, January
+16, 2003. Copyright &copy; 2003 by The New York Times Co.  Reprinted
+with permission.
+</para>
+<para>
+Cartoon in <xref linkend="fig-1711-vcr-handgun-cartoonfig"/> by Paul
+Conrad, copyright Tribune Media Services, Inc.  All rights
+reserved. Reprinted with permission.
+</para>
+<para>
+Diagram in <xref linkend="fig-1761-pattern-modern-media-ownership"/>
+courtesy of the office of FCC Commissioner, Michael J. Copps.
+</para>
+<para>
+Library of Congress Cataloging-in-Publication Data
+</para>
+<para>
+Lessig, Lawrence.
+Free culture : how big media uses technology and the law to lock down 
+culture and control creativity / Lawrence Lessig.
+</para>
+<para>
+p. cm.
+</para>
+<para>
+Includes index.
+</para>
+
+<para>
+<informaltable id="isbn">
+<tgroup cols="2" align="left">
+<thead>
+ <row>
+ <entry>ISBN</entry>
+ <entry>Format / MIME-type</entry>
+ </row>
+</thead>
+<tbody>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>text/plain</entry>
+ </row>
+
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>application/pdf</entry>
+ </row>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>text/html</entry>
+ </row>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>application/epub+zip</entry>
+ </row>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>application/docbook+xml</entry>
+ </row>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>application/x-mobipocket-ebook</entry>
+ </row>
+</tbody>
+</tgroup>
+</informaltable>
+</para>
+
+<para>
+1. Intellectual property&mdash;United States.
+</para>
+<para>
+2. Mass media&mdash;United States.
+</para>
+<para>
+3. Technological innovations&mdash;United States.
+</para>
+<para>
+4. Art&mdash;United States. I. Title.
+</para>
+<para>
+KF2979.L47 2004
+</para>
+<para>
+343.7309'9&mdash;dc22 2003063276
+</para>
+
+<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 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>
+
+<para>
+&translationblock;
+</para>
+
+</colophon>

 </book>
 </book>