msgid ""
msgstr ""
"Project-Id-Version: PACKAGE VERSION\n"
-"POT-Creation-Date: 2012-08-08 09:38+0300\n"
+"POT-Creation-Date: 2012-08-13 19:19+0300\n"
"PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n"
"Last-Translator: FULL NAME <EMAIL@ADDRESS>\n"
"Language-Team: LANGUAGE <LL@li.org>\n"
msgstr ""
#. type: Attribute 'lang' of: <book>
-#: freeculture.xml:18
+#: freeculture.xml:15
msgid "en"
msgstr ""
#. type: Content of: <book><bookinfo><title>
-#: freeculture.xml:20
+#: freeculture.xml:17
msgid "Free Culture"
msgstr ""
#. type: Content of: <book><bookinfo>
-#: freeculture.xml:22
+#: freeculture.xml:19
msgid "<abbrev>\"freeculture\"</abbrev>"
msgstr ""
-#. type: Content of: <book><dedication><para>
-#: freeculture.xml:24 freeculture.xml:180
+#. type: Content of: <book><bookinfo><subtitle>
+#: freeculture.xml:21
msgid ""
"HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN CULTURE AND CONTROL "
"CREATIVITY"
msgstr ""
#. type: Content of: <book><bookinfo>
-#: freeculture.xml:27
+#: freeculture.xml:24
msgid "<pubdate>2004-03-25</pubdate>"
msgstr ""
#. type: Content of: <book><bookinfo><releaseinfo>
-#: freeculture.xml:29
+#: freeculture.xml:26
msgid "Version 2004-02-10"
msgstr ""
#. type: Content of: <book><bookinfo><authorgroup><author><firstname>
-#: freeculture.xml:33
+#: freeculture.xml:30
msgid "Lawrence"
msgstr ""
#. type: Content of: <book><bookinfo><authorgroup><author><surname>
-#: freeculture.xml:34
+#: freeculture.xml:31
msgid "Lessig"
msgstr ""
#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm>
-#: freeculture.xml:43
+#: freeculture.xml:40
msgid "Intellectual property—United States."
msgstr ""
#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm>
-#: freeculture.xml:46
+#: freeculture.xml:43
msgid "Mass media—United States."
msgstr ""
#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm>
-#: freeculture.xml:49
+#: freeculture.xml:46
msgid "Technological innovations—United States."
msgstr ""
#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm>
-#: freeculture.xml:52
+#: freeculture.xml:49
msgid "Art—United States."
msgstr ""
#. type: Content of: <book><bookinfo><publisher><address>
-#: freeculture.xml:59
+#: freeculture.xml:56
#, no-wrap
msgid "<city>New York</city>"
msgstr ""
#. type: Content of: <book><bookinfo>
-#: freeculture.xml:57
+#: freeculture.xml:54
msgid ""
"<publisher> <publishername>The Penguin Press</publishername> <placeholder "
"type=\"address\" id=\"0\"/> </publisher> <copyright> <year>2004</year> "
msgstr ""
#. type: Content of: <book><bookinfo><legalnotice><para><inlinemediaobject>
-#: freeculture.xml:69
+#: freeculture.xml:66
msgid ""
"<imageobject> <imagedata fileref=\"images/cc.png\" contentdepth=\"3em\" "
"width=\"100%\" align=\"center\"/> </imageobject> <imageobject> <imagedata "
msgstr ""
#. type: Content of: <book><bookinfo><legalnotice><para><inlinemediaobject><textobject><phrase>
-#: freeculture.xml:76
+#: freeculture.xml:73
msgid "Creative Commons, Some rights reserved"
msgstr ""
#. type: Content of: <book><bookinfo><legalnotice><para>
-#: freeculture.xml:68
+#: freeculture.xml:65
msgid "<placeholder type=\"inlinemediaobject\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><bookinfo><legalnotice><para>
-#: freeculture.xml:82
+#: freeculture.xml:79
msgid ""
"This version of <citetitle>Free Culture</citetitle> is licensed under a "
"Creative Commons license. This license permits non-commercial use of this "
msgstr ""
#. type: Content of: <book><bookinfo><abstract><title>
-#: freeculture.xml:91
+#: freeculture.xml:88
msgid "ABOUT THE AUTHOR"
msgstr ""
#. type: Content of: <book><bookinfo><abstract><para>
-#: freeculture.xml:93
+#: freeculture.xml:90
msgid ""
"LAWRENCE LESSIG (<ulink "
"url=\"http://www.lessig.org\">http://www.lessig.org</ulink>), professor of "
"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 Pennsylvania, Cambridge University, and Yale Law School, "
-"Lessig clerked for Judge Richard Posner of the U.S. Seventh Circuit Court of "
-"Appeals."
+"Advancement of Free Software, 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."
msgstr ""
#. testing different ways to tag the cover page
#. </imageobject>
#
#. type: Content of: <book><bookinfo><mediaobject>
-#: freeculture.xml:114
+#: freeculture.xml:111
msgid ""
"<imageobject remap=\"lrg\" role=\"front-large\"> <imagedata "
"fileref=\"images/cover.png\" format=\"PNG\" width=\"444\" /> </imageobject>"
#. http://catalog.loc.gov/cgi-bin/Pwebrecon.cgi?v3=1&DB=local&CMD=010a+2003063276&CNT=10+records+per+page
#.
#. type: Content of: <book><bookinfo>
-#: freeculture.xml:112
+#: freeculture.xml:109
msgid ""
" <placeholder type=\"mediaobject\" id=\"0\"/> <biblioid "
"class=\"isbn\">1-59420-006-8</biblioid> <biblioid "
msgstr ""
#. type: Content of: <book><dedication><para>
-#: freeculture.xml:142
+#: freeculture.xml:139
msgid "You can buy a copy of this book by clicking on one of the links below:"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
-#: freeculture.xml:145
+#: freeculture.xml:142
msgid "<ulink url=\"http://www.amazon.com/\">Amazon</ulink>"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
-#: freeculture.xml:146
+#: freeculture.xml:143
msgid "<ulink url=\"http://www.barnesandnoble.com/\">B&N</ulink>"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
-#: freeculture.xml:147
+#: freeculture.xml:144
msgid "<ulink url=\"http://www.penguin.com/\">Penguin</ulink>"
msgstr ""
#. type: Content of: <book><dedication><para>
-#: freeculture.xml:156
+#: freeculture.xml:153
msgid "ALSO BY LAWRENCE LESSIG"
msgstr ""
#. type: Content of: <book><dedication><para>
-#: freeculture.xml:159
+#: freeculture.xml:156
msgid "The Future of Ideas: The Fate of the Commons in a Connected World"
msgstr ""
#. type: Content of: <book><dedication><para>
-#: freeculture.xml:162
+#: freeculture.xml:159
msgid "Code: And Other Laws of Cyberspace"
msgstr ""
-#. type: Content of: <book><dedication><para>
-#: freeculture.xml:169
-msgid "THE PENGUIN PRESS, NEW YORK"
-msgstr ""
-
-#. type: Content of: <book><dedication><para>
-#: freeculture.xml:176
-msgid "FREE CULTURE"
-msgstr ""
-
-#. type: Content of: <book><dedication><para>
-#: freeculture.xml:186
-msgid "LAWRENCE LESSIG"
-msgstr ""
-
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:192
+#: freeculture.xml:167
msgid ""
"THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street "
"New York, New York"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:196
+#: freeculture.xml:171
msgid "Copyright © Lawrence Lessig. All rights reserved."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:199
+#: freeculture.xml:174
msgid ""
-"Excerpt from an editorial titled \"The Coming of Copyright Perpetuity,\" "
-"<citetitle>The New York Times</citetitle>, January 16, 2003. Copyright "
-"© 2003 by The New York Times Co. Reprinted with permission."
+"Excerpt from an editorial titled <quote>The Coming of Copyright "
+"Perpetuity,</quote> <citetitle>The New York Times</citetitle>, January 16, "
+"2003. Copyright © 2003 by The New York Times Co. Reprinted with "
+"permission."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:204
+#: freeculture.xml:179
msgid ""
"Cartoon in <xref linkend=\"fig-1711\"/> by Paul Conrad, copyright Tribune "
"Media Services, Inc. All rights reserved. Reprinted with permission."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:208
+#: freeculture.xml:183
msgid ""
"Diagram in <xref linkend=\"fig-1761\"/> courtesy of the office of FCC "
"Commissioner, Michael J. Copps."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:212
+#: freeculture.xml:187
msgid "Library of Congress Cataloging-in-Publication Data"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:215
+#: freeculture.xml:190
msgid ""
"Lessig, Lawrence. Free culture : how big media uses technology and the law "
"to lock down culture and control creativity / Lawrence Lessig."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:220
+#: freeculture.xml:195
msgid "p. cm."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:223
+#: freeculture.xml:198
msgid "Includes index."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:226
+#: freeculture.xml:201
msgid "ISBN 1-59420-006-8 (hardcover)"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:230
+#: freeculture.xml:205
msgid ""
"1. Intellectual property—United States. 2. Mass media—United "
"States."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:233
+#: freeculture.xml:208
msgid ""
"3. Technological innovations—United States. 4. Art—United "
"States. I. Title."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:236
+#: freeculture.xml:211
msgid "KF2979.L47"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:239
+#: freeculture.xml:214
msgid "343.7309'9—dc22"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:242
+#: freeculture.xml:217
msgid "This book is printed on acid-free paper."
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:245
+#: freeculture.xml:220
msgid "Printed in the United States of America"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:248
+#: freeculture.xml:223
msgid "1 3 5 7 9 10 8 6 4"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:251
+#: freeculture.xml:226
msgid "Designed by Marysarah Quinn"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:255
+#: freeculture.xml:230
msgid "&translationblock;"
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:259
+#: freeculture.xml:234
msgid ""
"Without limiting the rights under copyright reserved above, no part of this "
"publication may be reproduced, stored in or introduced into a retrieval "
msgstr ""
#. type: Content of: <book><colophon><para>
-#: freeculture.xml:267
+#: freeculture.xml:242
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><dedication><para>
-#: freeculture.xml:279
+#: freeculture.xml:254
msgid ""
"To Eric Eldred—whose work first drew me to this cause, and for whom it "
"continues still."
msgstr ""
#. type: Content of: <book><lot><title>
-#: freeculture.xml:287
+#: freeculture.xml:262
msgid "List of figures"
msgstr ""
#. type: Content of: <book><preface><title>
-#: freeculture.xml:349
+#: freeculture.xml:324
msgid "PREFACE"
msgstr ""
#. type: Content of: <book><preface><indexterm><primary>
-#: freeculture.xml:351
+#: freeculture.xml:326
msgid "Pogue, David"
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:354
+#: freeculture.xml:329
msgid ""
-"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:"
msgstr ""
#. type: Content of: <book><preface><blockquote><para><footnote><para>
-#: freeculture.xml:364
+#: freeculture.xml:340
msgid ""
-"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."
msgstr ""
#. type: Content of: <book><preface><blockquote><para>
-#: freeculture.xml:360
+#: freeculture.xml:336
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:369
+#: freeculture.xml:345
msgid ""
"Pogue was skeptical of the core argument of the book—that software, or "
-"\"code,\" functioned as a kind of law—and his review suggested the "
-"happy thought that if life in cyberspace got bad, we could always \"drizzle, "
-"drazzle, druzzle, drome\"-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 \"affect\" us anymore."
+"<quote>code,</quote> functioned as a kind of law—and his review "
+"suggested the happy thought that if life in cyberspace got bad, we 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 "
+"<quote>affect</quote> us anymore."
msgstr ""
#. PAGE BREAK 12
#. type: Content of: <book><preface><para>
-#: freeculture.xml:378
+#: freeculture.xml:354
msgid ""
"Pogue might have been right in 1999—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 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 is no switch that will insulate us from the Internet's "
+"regarding life 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."
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:389
+#: freeculture.xml:365
msgid ""
"But unlike <citetitle>Code</citetitle>, the argument here is not much about "
"the Internet itself. It is instead about the consequence of the Internet to "
msgstr ""
#. type: Content of: <book><preface><para><footnote><para>
-#: freeculture.xml:401
+#: freeculture.xml:377
msgid ""
"Richard M. Stallman, <citetitle>Free Software, Free Societies</citetitle> 57 "
"(Joshua Gay, ed. 2002)."
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:396
+#: freeculture.xml:372
msgid ""
"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\"—not \"free\" "
-"as in \"free beer\" (to borrow a phrase from the founder of the free "
-"software movement<placeholder type=\"footnote\" id=\"0\"/>), but \"free\" as "
-"in \"free speech,\" \"free markets,\" \"free trade,\" \"free enterprise,\" "
-"\"free will,\" and \"free elections.\" 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 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 "
-"\"permission culture\"—a culture in which creators get to create only "
-"with the permission of the powerful, or of creators from the past."
+"that follow, we come from a tradition of <quote>free "
+"culture</quote>—not <quote>free</quote> as in <quote>free beer</quote> "
+"(to borrow a phrase from the founder of the free software "
+"movement<placeholder type=\"footnote\" id=\"0\"/>), 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 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 <quote>permission "
+"culture</quote>—a culture in which creators get to create only with "
+"the permission of the powerful, or of creators from the past."
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:416
+#: freeculture.xml:392
msgid ""
-"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 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."
+"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."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:424 freeculture.xml:12892
+#: freeculture.xml:400 freeculture.xml:13073
msgid "CodePink Women in Peace"
msgstr ""
-#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:435 freeculture.xml:445 freeculture.xml:12905
+#. type: Content of: <book><preface><indexterm><primary>
+#: freeculture.xml:401
+msgid "Stevens, Ted"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:412 freeculture.xml:422 freeculture.xml:13074
msgid "Safire, William"
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:426
+#: freeculture.xml:403
msgid ""
"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 Women for Peace and the National "
-"Rifle Association, between liberal Olympia Snowe and conservative Ted "
-"Stevens,\" he formulated perhaps most simply just what was at stake: the "
-"concentration of power. And as he asked, <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"marching <quote>uncomfortably alongside CodePink Women for Peace and the "
+"National Rifle Association, between liberal 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, <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><preface><blockquote><para><footnote><para>
-#: freeculture.xml:443
+#: freeculture.xml:420
msgid ""
-"William Safire, \"The Great Media Gulp,\" <citetitle>New York "
+"William Safire, <quote>The Great Media Gulp,</quote> <citetitle>New York "
"Times</citetitle>, 22 May 2003. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><preface><blockquote><para>
-#: freeculture.xml:439
+#: freeculture.xml:416
msgid ""
"Does that sound unconservative? Not to me. The concentration of "
"power—political, corporate, media, cultural—should be anathema "
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:450
+#: freeculture.xml:427
msgid ""
"This idea is an element of the argument of <citetitle>Free "
"Culture</citetitle>, though my focus is not just on the concentration of "
"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."
+"<quote>merely</quote> derivative."
msgstr ""
#. PAGE BREAK 14
#. type: Content of: <book><preface><para>
-#: freeculture.xml:466
+#: freeculture.xml:443
msgid ""
"I accept that criticism, if indeed it is a criticism. The work of a lawyer "
"is always derivative, and I mean to do nothing more in this book than to "
msgstr ""
#. type: Content of: <book><preface><para>
-#: freeculture.xml:484
+#: freeculture.xml:461
msgid ""
"Instead, the free culture that I defend in this book is a balance between "
"anarchy and control. A free culture, like a free market, is filled with "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:499
+#: freeculture.xml:476
msgid "INTRODUCTION"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:478
+msgid "air traffic, land ownership vs."
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:481 freeculture.xml:14063
+msgid "land ownership, air traffic and"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:484 freeculture.xml:14065
+msgid "property rights"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:485 freeculture.xml:14066
+msgid "air traffic vs."
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:487 freeculture.xml:583 freeculture.xml:1015
+msgid "Wright brothers"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:501
+#: freeculture.xml:489
msgid ""
"On December 17, 1903, on a windy North Carolina beach for just shy of one "
"hundred seconds, the Wright brothers demonstrated that a heavier-than-air, "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:513
+#: freeculture.xml:501
msgid ""
"St. George Tucker, <citetitle>Blackstone's Commentaries</citetitle> 3 (South "
"Hackensack, N.J.: Rothman Reprints, 1969), 18."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:509
+#: freeculture.xml:497
msgid ""
"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.\"<placeholder type=\"footnote\" "
-"id=\"0\"/> For many 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?"
+"above, to <quote>an indefinite extent, upwards.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/> For many 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?"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:522
+#: freeculture.xml:510
msgid ""
"Then came airplanes, and for the first time, this principle of American "
"law—deep within the foundations of our tradition, and acknowledged by "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:530 freeculture.xml:543 freeculture.xml:574 freeculture.xml:593 freeculture.xml:996 freeculture.xml:1013 freeculture.xml:1059 freeculture.xml:8892 freeculture.xml:12287 freeculture.xml:12996
+#: freeculture.xml:518 freeculture.xml:531 freeculture.xml:562 freeculture.xml:581 freeculture.xml:996 freeculture.xml:1013 freeculture.xml:1060 freeculture.xml:9005 freeculture.xml:12449 freeculture.xml:13177
msgid "Causby, Thomas Lee"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:531 freeculture.xml:544 freeculture.xml:575 freeculture.xml:594 freeculture.xml:997 freeculture.xml:1014 freeculture.xml:1060 freeculture.xml:8893 freeculture.xml:12288 freeculture.xml:12997
+#: freeculture.xml:519 freeculture.xml:532 freeculture.xml:563 freeculture.xml:582 freeculture.xml:997 freeculture.xml:1014 freeculture.xml:1061 freeculture.xml:9006 freeculture.xml:12450 freeculture.xml:13178
msgid "Causby, Tinie"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:533
+#: freeculture.xml:521
msgid ""
"In 1945, these questions became a federal case. When North Carolina farmers "
"Thomas Lee and Tinie Causby started losing chickens because of low-flying "
"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 property, and the Causbys wanted it to "
-"stop."
+"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."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:546
+#: freeculture.xml:534
msgid ""
"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 had no patience for "
-"ancient doctrine. In a single paragraph, hundreds of years of property law "
-"were erased. As he wrote for the Court,"
+"<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,"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:566
+#: freeculture.xml:554
msgid ""
"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 effectively "
-"destroyed the value of the Causbys' land. This example was suggested to me "
-"by Keith Aoki's wonderful piece, \"(Intellectual) Property and Sovereignty: "
-"Notes Toward a Cultural Geography of Authorship,\" <citetitle>Stanford Law "
-"Review</citetitle> 48 (1996): 1293, 1333. See also Paul Goldstein, "
-"<citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press, "
-"1984), 1112–13. <placeholder type=\"indexterm\" id=\"0\"/> "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"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 "
+"suggested to me by Keith Aoki's wonderful piece, <quote>(Intellectual) "
+"Property and Sovereignty: Notes Toward a Cultural Geography of "
+"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), 1112–13. <placeholder "
+"
type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:557
+#: freeculture.xml:545
msgid ""
"[The] doctrine has no place in the modern world. The air is a public "
"highway, as Congress has declared. Were that not true, every "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:580
-msgid "\"Common sense revolts at the idea.\""
+#: freeculture.xml:568
+msgid "<quote>Common sense revolts at the idea.</quote>"
msgstr ""
#. PAGE BREAK 18
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:583
+#: freeculture.xml:571
msgid ""
"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 "
-"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 "
-"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."
+"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."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:596
+#: freeculture.xml:585
msgid ""
"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 though there "
"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. 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—the "
-"power of \"common sense\"—would prevail. Their \"private interest\" "
-"would not be allowed to defeat an obvious public gain."
+"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 end, the force of what seems <quote>obvious</quote> to "
+"everyone else—the power of <quote>common sense</quote>—would "
+"prevail. Their <quote>private interest</quote> would not be allowed to "
+"defeat an obvious public gain."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:606 freeculture.xml:9013 freeculture.xml:9663
+msgid "Armstrong, Edwin Howard"
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:625
+#: freeculture.xml:620
msgid "Bell, Alexander Graham"
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:626
+#: freeculture.xml:621
msgid "Edison, Thomas"
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:627
+#: freeculture.xml:622
msgid "Faraday, Michael"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:614
-msgid ""
-"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. <placeholder type=\"indexterm\" "
-"
id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
-"type=\"indexterm\" id=\"2\"/>"
+#: freeculture.xml:609
+msgid ""
+"<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. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
+"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:630
+#: freeculture.xml:625
msgid ""
"On the day after Christmas, 1933, four patents were issued to Armstrong for "
"his most significant invention—FM radio. Until then, consumer radio "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:640
+#: freeculture.xml:635
msgid ""
"On November 5, 1935, he demonstrated the technology at a meeting of the "
"Institute of Radio Engineers at the Empire State Building in New York "
"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: \"This is amateur station W2AG at Yonkers, New "
-"York, operating on frequency modulation at two and a half meters.\""
+"of an announcer's voice: <quote>This is amateur station W2AG at Yonkers, New "
+"York, operating on frequency modulation at two and a half meters.</quote>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:651
+#: freeculture.xml:646
msgid "The audience was hearing something no one had thought possible:"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:662
+#: freeculture.xml:657
msgid ""
"Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard "
"Armstrong</citetitle> (Philadelphia: J. B. Lipincott Company, 1956), 209."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:655
+#: freeculture.xml:650
msgid ""
"A glass of water was poured before the microphone in Yonkers; it sounded "
"like a glass of water being poured. … A paper was crumpled 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.\"<placeholder type=\"footnote\" "
-"id=\"0\"/>"
+"heard before from a radio <quote>music box.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 20
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:668
+#: freeculture.xml:663
msgid ""
"As our own common sense tells us, Armstrong had discovered a vastly superior "
"radio technology. But at the time of his invention, Armstrong was working "
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:682 freeculture.xml:702
+#: freeculture.xml:677 freeculture.xml:700
msgid "Sarnoff, David"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:677
+#: freeculture.xml:672
msgid ""
"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 his invention, Sarnoff was "
-"not pleased. <placeholder type=\"indexterm\" id=\"0\"/>"
+"from <quote>radio.</quote> But when Armstrong demonstrated his invention, "
+"
Sarnoff was not pleased. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:689
+#: freeculture.xml:684
msgid ""
-"See \"Saints: The Heroes and Geniuses of the Electronic Era,\" First "
-"Electronic Church of America, at www.webstationone.com/fecha, available at "
-"<ulink url=\"http://free-culture.cc/notes/\">link #1</ulink>."
+"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>."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:686
+#: freeculture.xml:681
msgid ""
"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— start up a whole "
"id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:693
+msgid "Lessing, Lawrence"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:698
+#: freeculture.xml:696
msgid ""
"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, "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:711
+#: freeculture.xml:709
msgid "Lessing, 226."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:706
+#: freeculture.xml:704
msgid ""
"The forces for FM, largely engineering, could not overcome the weight of "
"strategy devised by the sales, patent, and legal offices to subdue this "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:716
+#: freeculture.xml:714
msgid ""
"RCA at first kept the technology in house, insisting that further tests were "
"needed. When, after two years of testing, Armstrong grew impatient, RCA "
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:735
+#: freeculture.xml:733
msgid "Lessing, 256."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:731
+#: freeculture.xml:729
msgid ""
"The series of body blows that FM radio received right after the war, in a "
"series of rulings manipulated through the FCC by the big radio interests, "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:739
+#: freeculture.xml:738
msgid "AT&T"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:741
+#: freeculture.xml:740
msgid ""
"To make room in the spectrum for RCA's latest gamble, television, FM radio "
"users were to be moved to a totally new spectrum band. The power of FM radio "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:751
+#: freeculture.xml:750
msgid ""
"Armstrong resisted RCA's efforts. In response, RCA resisted Armstrong's "
"patents. After incorporating FM technology into the emerging standard for "
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:785
msgid ""
-"Amanda Lenhart, \"The Ever-Shifting Internet Population: A New Look at "
-"Internet Access and the Digital Divide,\" Pew Internet and American Life "
-"Project, 15 April 2003: 6, available at <ulink "
+"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>."
msgstr ""
msgid ""
"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 culture that is produced and "
-"sold or produced to be sold. By \"noncommercial culture\" I mean all the "
-"rest. When old men sat around parks or on street corners telling stories "
-"that kids and others consumed, that was noncommercial culture. When Noah "
-"Webster published his \"Reader,\" or Joel Barlow his poetry, that was "
-"commercial culture. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
+"<quote>commercial culture</quote> I mean that part of our culture that is "
+"produced and sold or produced to be sold. By <quote>noncommercial "
+"culture</quote> I mean all the rest. When old men sat around parks or on "
+"street corners telling stories that kids and others consumed, that was "
+"noncommercial culture. When Noah Webster published his "
+"<quote>Reader,</quote> or Joel Barlow his poetry, that was commercial "
+"culture. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
"type=\"indexterm\" id=\"1\"/>"
msgstr ""
"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 left this culture \"free.\" The "
-"ordinary ways in which ordinary individuals shared and transformed their "
-"culture—telling stories, reenacting scenes from plays or TV, "
-"participating in fan clubs, sharing music, making tapes—were left "
-"alone by the law."
+"or spread of this form of culture, and it left this culture "
+"<quote>free.</quote> The ordinary ways in which ordinary individuals shared "
+"and transformed their culture—telling stories, reenacting scenes from "
+"plays or TV, participating in fan clubs, sharing music, making "
+"tapes—were left alone by the law."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:853 freeculture.xml:1877 freeculture.xml:1888
+#: freeculture.xml:853 freeculture.xml:1887 freeculture.xml:1898
msgid "Brandeis, Louis D."
msgstr ""
"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 D. Brandeis, \"The Right to Privacy,\" Harvard Law Review 4 (1890): "
-"193, 198–200. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Louis D. Brandeis, <quote>The Right to Privacy,</quote> Harvard Law Review 4 "
+"
(1890): 193, 198–200. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:865 freeculture.xml:9434
+#: freeculture.xml:865 freeculture.xml:9554
msgid "Litman, Jessica"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:929
msgid ""
-"Amy Harmon, \"Black Hawk Download: Moving Beyond Music, Pirates Use New "
-"Tools to Turn the Net into an Illicit Video Club,\" <citetitle>New York "
-"Times</citetitle>, 17 January 2002."
+"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."
msgstr ""
#. type: Content of: <book><chapter><para>
msgid ""
"It doesn't seem this way to many. The battles over copyright and the "
"Internet seem remote to most. To the few who follow them, they seem mainly "
-"about a much simpler brace of questions—whether \"piracy\" will be "
-"permitted, and whether \"property\" will be protected. The \"war\" that has "
-"been waged against the technologies of the Internet—what Motion "
-"Picture Association of America (MPAA) president Jack Valenti calls his \"own "
-"terrorist war\"<placeholder type=\"footnote\" id=\"0\"/>—has been "
-"framed as a battle about the rule of law and respect for property. To know "
-"which side to take in this war, most think that we need only decide whether "
-"we're for property or against it."
+"about a much simpler brace of questions—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—what Motion Picture Association of "
+"America (MPAA) president Jack Valenti calls his <quote>own terrorist "
+"war</quote><placeholder type=\"footnote\" id=\"0\"/>—has been framed "
+"as a battle about the rule of law and respect for property. To know which "
+"side to take in this war, most think that we need only decide whether we're "
+"for property or against it."
msgstr ""
#. type: Content of: <book><chapter><para>
msgid ""
"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 Internet."
+"importance of what Mr. Valenti nicely calls <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."
msgstr ""
#. type: Content of: <book><chapter><para>
msgid ""
"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 culture of "
-"values that have been integral to our tradition from the start."
+"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."
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:960 freeculture.xml:14267
+#: freeculture.xml:960 freeculture.xml:14463
msgid "Netanel, Neil Weinstock"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:958
msgid ""
-"Neil W. Netanel, \"Copyright and a Democratic Civil Society,\" "
+"Neil W. Netanel, <quote>Copyright and a Democratic Civil Society,</quote> "
"<citetitle>Yale Law Journal</citetitle> 106 (1996): 283. <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:980
msgid ""
-"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, 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 against an industry."
+"The story that follows is about this war. Is it 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 against an industry."
msgstr ""
#. type: Content of: <book><chapter><para>
#. type: Content of: <book><chapter><para>
#: freeculture.xml:999
msgid ""
-"Like the Causbys' battle, this war is, in part, about \"property.\" 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 this "
-"\"property\" 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 of "
-"\"intellectual property\" 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 \"trespassing\" upon "
-"legitimate claims of \"property.\" It is as plain to us as it was to them "
-"that the law should intervene to stop this trespass."
+"Like the Causbys' 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 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 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 <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."
msgstr ""
#. PAGE BREAK 27
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1016
+#: freeculture.xml:1017
msgid ""
"And thus, when geeks and technologists defend their Armstrong or Wright "
"brothers technology, most of us are simply unsympathetic. Common sense does "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1026
+#: freeculture.xml:1027
msgid ""
"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 been a "
-"time when the concentration of power to control the "
+"<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."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1036
+#: freeculture.xml:1037
msgid ""
"The puzzle is, Why? Is it because we have come to understand a truth about "
"the value and importance of absolute property over ideas and culture? Is it "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1042
+#: freeculture.xml:1043
msgid ""
"Or is it because the idea of absolute property over ideas and culture "
"benefits the RCAs of our time and fits our own unreflective intuitions?"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1046
+#: freeculture.xml:1047
msgid ""
"Is the radical shift away from our tradition of free culture an instance of "
"America correcting a mistake from its past, as we did after a bloody war "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1053
+#: freeculture.xml:1054
msgid ""
"Does common sense lead to the extremes on this question because common sense "
"actually believes in these extremes? Or does common sense stand silent in "
#. PAGE BREAK 28
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1062
+#: freeculture.xml:1063
msgid ""
"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 sheriff arresting an airplane "
-"for trespass. But the consequences of this silliness will be much more "
-"profound."
+"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."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1072
+#: freeculture.xml:1073
msgid ""
-"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 "
-"ideas."
+"The struggle 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."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1077
+#: freeculture.xml:1078
msgid ""
"My method is not the usual method of an academic. I don't want to plunge you "
"into a complex argument, buttressed with references to obscure French "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1085
+#: freeculture.xml:1086
msgid ""
"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 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 threatened by the changes to use their power to "
-"change the law—and more importantly, to use their power to change "
-"something fundamental about who we have always been."
+"big media to respond to this <quote>something new,</quote> is destroying "
+"something very old. Rather than understanding the changes 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—and more importantly, to "
+"use their power to change something fundamental about who we have always "
+"been."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:1096
+#: freeculture.xml:1097
msgid ""
"We allow this, I believe, not because it is right, and not because most of "
"us really believe in these changes. We allow it because the interests most "
msgstr ""
#. type: Content of: <book><part><title>
-#: freeculture.xml:1106
-msgid "\"PIRACY\""
+#: freeculture.xml:1107
+msgid "<quote>PIRACY</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1110 freeculture.xml:4759
+#: freeculture.xml:1111 freeculture.xml:4820
msgid "Mansfield, William Murray, Lord"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1113
+#: freeculture.xml:1114
msgid ""
"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 capture. As Lord "
-"Mansfield wrote in a case that extended the reach of English copyright law "
-"to include sheet music,"
+"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,"
msgstr ""
#. f1
#. type: Content of: <book><part><partintro><blockquote><para><footnote><para>
-#: freeculture.xml:1125
+#: freeculture.xml:1126
msgid ""
"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 "
"Eng. Rep. 1274 (1777) (Mansfield)."
msgstr ""
#. type: Content of: <book><part><partintro><blockquote><para>
-#: freeculture.xml:1121
+#: freeculture.xml:1122
msgid ""
"A person may use the copy by playing it, but he has no right to rob the "
"author of the profit, by multiplying copies and disposing of them for his "
#. PAGE BREAK 31
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1131
+#: freeculture.xml:1132
msgid ""
-"Today we are in the middle of another \"war\" against \"piracy.\" 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 enables. Using "
-"distributed intelligence, p2p systems facilitate the easy spread of content "
-"in a way unimagined a generation ago."
+"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 enables. Using distributed intelligence, p2p systems facilitate the "
+"easy spread of content in a way unimagined a generation ago."
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1140
+#: freeculture.xml:1141
msgid ""
"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 war, as copyright "
-"owners fear the sharing will \"rob the author of the profit.\""
+"owners fear the sharing will <quote>rob the author of the profit.</quote>"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1148
+#: freeculture.xml:1149
msgid ""
"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, never mind "
-"body piercing—our kids are becoming <emphasis>thieves</emphasis>!"
+"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—our kids "
+"are becoming <emphasis>thieves</emphasis>!"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1156
+#: freeculture.xml:1157
msgid ""
-"There's no doubt that \"piracy\" is wrong, and that pirates should be "
-"punished. But before we summon the executioners, we should put this notion "
-"of \"piracy\" in some context. For as the concept is increasingly used, at "
-"its core is an extraordinary idea that is almost certainly wrong."
+"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 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."
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1162
+#: freeculture.xml:1163
msgid "The idea goes something like this:"
msgstr ""
#. type: Content of: <book><part><partintro><blockquote><para>
-#: freeculture.xml:1166
+#: freeculture.xml:1167
msgid ""
"Creative work has value; whenever I use, or take, or build upon the creative "
"work of others, I am taking from them something of value. Whenever I take "
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><primary>
-#: freeculture.xml:1174
+#: freeculture.xml:1175
msgid "Dreyfuss, Rochelle"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1177 freeculture.xml:2851
+msgid "<quote>if value, then right</quote> theory"
+msgstr ""
+
#. f2
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:1180
+#: freeculture.xml:1184
msgid ""
-"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1193 freeculture.xml:6861
+#: freeculture.xml:1197 freeculture.xml:6962
msgid "Zittrain, Jonathan"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:1188
-msgid ""
-"Lisa Bannon, \"The Birds May Sing, but Campers Can't Unless They Pay Up,\" "
-"<citetitle>Wall Street Journal</citetitle>, 21 August 1996, available at "
-"<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. <placeholder type=\"indexterm\" id=\"0\"/>"
+#: freeculture.xml:1192
+msgid ""
+"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 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. <placeholder type=\"indexterm\" "
+"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1176
+#: freeculture.xml:1180
msgid ""
"This view runs deep within the current debates. It is what NYU law professor "
-"Rochelle Dreyfuss criticizes as the \"if value, then right\" theory of "
-"creative property<placeholder type=\"footnote\" id=\"0\"/> —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 "
+"Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> "
+"theory of creative property<placeholder type=\"footnote\" id=\"0\"/> "
+"—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.<placeholder type=\"footnote\" id=\"1\"/> There was "
-"\"value\" (the songs) so there must have been a \"right\"—even against "
-"the Girl Scouts."
+"<quote>value</quote> (the songs) so there must have been a "
+"<quote>right</quote>—even against the Girl Scouts."
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><primary>
-#: freeculture.xml:1198
+#: freeculture.xml:1202
msgid "ASCAP"
msgstr ""
#. PAGE BREAK 32
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1200
+#: freeculture.xml:1204
msgid ""
"This idea is certainly a possible understanding of how creative property "
"should work. It might well be a possible design for a system of law "
-"protecting creative property. But the \"if value, then right\" theory of "
-"creative property has never been America's theory of creative property. It "
-"has never taken hold within our 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."
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1208
+#: freeculture.xml:1213
msgid ""
"Instead, in our tradition, intellectual property is an instrument. It sets "
"the groundwork for a richly creative society but remains subservient to the "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1215
+#: freeculture.xml:1220
msgid ""
"The source of this confusion is a distinction that the law no longer takes "
"care to draw—the distinction between republishing someone's work on "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1222
+#: freeculture.xml:1227
msgid ""
"Before the technologies of the Internet, this conflation didn't matter all "
"that much. The technologies of publishing were expensive; that meant the "
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1229 freeculture.xml:1260
+#: freeculture.xml:1234 freeculture.xml:1265
msgid "Florida, Richard"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1230 freeculture.xml:1261
+#: freeculture.xml:1235 freeculture.xml:1266
msgid "Rise of the Creative Class, The (Florida)"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:1252
+#: freeculture.xml:1257
msgid ""
"In <citetitle>The Rise of the Creative Class</citetitle> (New York: Basic "
"Books, 2002), Richard Florida documents a shift in the nature of labor "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1232
+#: freeculture.xml:1237
msgid ""
"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, the extension matters a "
+"matter much if copyright law regulated only <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—certainly as it affects noncommercial creativity, and "
"increasingly as it affects commercial creativity as well. Thus, as we'll see "
"extraordinary range of 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 be seeing, as Richard Florida "
-"writes, the \"Rise of the Creative Class.\"<placeholder type=\"footnote\" "
-"id=\"0\"/> Unfortunately, we are also seeing an extraordinary rise of "
-"regulation of this creative class."
+"writes, the <quote>Rise of the Creative Class.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/> Unfortunately, we are also seeing an "
+"extraordinary rise of regulation of this creative class."
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:1267
+#: freeculture.xml:1272
msgid ""
"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>"
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:1275
+#: freeculture.xml:1280
msgid "CHAPTER ONE: Creators"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1282
+msgid "animated cartoons"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1277
+#: freeculture.xml:1285
msgid ""
"In 1928, a cartoon character was born. An early Mickey Mouse made his debut "
"in May of that year, in a silent flop called <citetitle>Plane "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1284
+#: freeculture.xml:1292
msgid ""
"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 "
#. PAGE BREAK 35
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:1293
+#: freeculture.xml:1301
msgid ""
"A couple of my boys could read music, and one of them could play a mouth "
"organ. We put them in a room where they could not see the screen and "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:1300
+#: freeculture.xml:1308
msgid ""
"The boys worked from a music and sound-effects score. After several false "
"starts, sound and action got off with the gun. The mouth organist played the "
#. f1
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:1313
+#: freeculture.xml:1321
msgid ""
"Leonard Maltin, <citetitle>Of Mice and Magic: A History of American Animated "
"Cartoons</citetitle> (New York: Penguin Books, 1987), 34–35."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:1307
+#: freeculture.xml:1315
msgid ""
"The effect on our little audience was nothing less than electric. They "
"responded almost instinctively to this union of sound and motion. I thought "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:1322
+#: freeculture.xml:1330
msgid "Iwerks, Ub"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1319
+#: freeculture.xml:1327
msgid ""
"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.\" <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"Iwerks, put it more strongly: <quote>I have never been so thrilled in my "
+"life. Nothing since has ever equaled it.</quote> <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1325
+#: freeculture.xml:1333
msgid ""
"Disney had created something very new, based upon something relatively "
"new. Synchronized sound brought life to a form of creativity that had "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1334
+#: freeculture.xml:1342
msgid ""
"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 cartoon) "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1340
+#: freeculture.xml:1348
msgid ""
"Keaton was born into a vaudeville family in 1895. In the era of silent film, "
"he had mastered using broad physical comedy as a way to spark uncontrollable "
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1354
+#: freeculture.xml:1362
msgid ""
"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 "
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1348
+#: freeculture.xml:1356
msgid ""
"<citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon "
"Steamboat Willie. The coincidence of titles is not coincidental. Steamboat "
"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,\" that we get "
-"Steamboat Willie, and then from Steamboat Willie, Mickey Mouse."
+"Bill, Jr., itself inspired by the song <quote>Steamboat Bill,</quote> that "
+"we get Steamboat Willie, and then from Steamboat Willie, Mickey Mouse."
msgstr ""
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1375
+#: freeculture.xml:1383
msgid ""
-"He was also a fan of the public domain. See Chris Sprigman, \"The Mouse that "
-"
Ate the Public Domain,\" Findlaw, 5 March 2002, at <ulink "
+"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>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1371
+#: freeculture.xml:1379
msgid ""
-"This \"borrowing\" was nothing unique, either for Disney or for the "
-"industry. Disney was always parroting the feature-length mainstream films of "
-"his day.<placeholder type=\"footnote\" id=\"0\"/> So did many others. Early "
-"cartoons are filled with knockoffs—slight variations on winning "
-"themes; retellings of ancient stories. The key to success was the brilliance "
-"of the differences. With Disney, it was sound that gave his animation its "
-"spark. Later, it was the quality of his work relative to the production-line "
-"cartoons with which he competed. Yet these additions 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."
+"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.<placeholder type=\"footnote\" id=\"0\"/> So did many "
+"others. Early cartoons are filled with knockoffs—slight variations on "
+"winning themes; retellings of ancient stories. The key to success was the "
+"brilliance of the differences. With Disney, it was sound that gave his "
+"animation its spark. Later, it was the quality of his work relative to the "
+"production-line cartoons with which he competed. Yet these additions 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1390
+#: freeculture.xml:1398
msgid ""
"Sometimes this borrowing was slight. Sometimes it was significant. Think "
"about the fairy tales of the Brothers Grimm. If you're as oblivious as I "
#. PAGE BREAK 37
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1399
+#: freeculture.xml:1407
msgid ""
"Disney took these stories and retold them in a way that carried them into a "
"new age. He animated the stories, with both characters and light. Without "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1421
+#: freeculture.xml:1430
msgid ""
"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\"—a form "
-"of expression and genius that builds upon the culture around us and makes it "
-"something different."
+"could call this <quote>Disney creativity,</quote> though that would be a bit "
+"misleading. It is, more precisely, <quote>Walt Disney "
+"creativity</quote>—a form of expression and genius that builds upon "
+"the culture around us and makes it something different."
msgstr ""
#. f4
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1435
+#: freeculture.xml:1444
msgid ""
"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 "
-"determining the weighted average of total registrations for any particular "
-"year, and the proportion renewing. Thus, if 100 copyrights are registered in "
-"year 1, and only 15 are renewed, and the renewal term is 28 years, then the "
-"average term is 32.2 years. For the renewal data and other relevant data, "
-"see the Web site associated with this book, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #6</ulink>."
+"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 1, and only 15 are renewed, and the "
+"renewal term is 28 years, then the average term is 32.2 years. For the "
+"renewal data and other relevant data, see the Web site associated with this "
+"book, available at <ulink url=\"http://free-culture.cc/notes/\">link "
+"#6</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1429
+#: freeculture.xml:1438
msgid ""
"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 "
"years—for that minority of creative work that was in fact "
"copyrighted.<placeholder type=\"footnote\" id=\"0\"/> That means that for "
"thirty years, on average, the authors or copyright holders of a creative "
-"work had an \"exclusive right\" to control certain uses of the work. To use "
-"this copyrighted work in limited ways required the permission of the "
-"copyright owner."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1452
+#: freeculture.xml:1461
msgid ""
"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 for Disney to use and "
-"build upon in 1928. It was free for anyone— whether connected or not, "
-"whether rich or not, whether approved or not—to use and build upon."
+"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— whether connected "
+"or not, whether rich or not, whether approved or not—to use and build "
+"upon."
msgstr ""
#. PAGE BREAK 38
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1461
+#: freeculture.xml:1470
msgid ""
"This is the ways things always were—until quite recently. For most of "
"our history, the public domain was just over the horizon. From until 1978, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1474
+#: freeculture.xml:1483
msgid ""
-"Of course, Walt Disney had no monopoly on \"Walt Disney creativity.\" Nor "
-"does America. The norm of free culture has, until recently, and except "
-"within totalitarian nations, been broadly exploited and quite universal."
+"Of course, 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1480
+#: freeculture.xml:1489
msgid ""
"Consider, for example, a form of creativity that seems strange to many "
"Americans but that is inescapable within Japanese culture: "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1489
+#: freeculture.xml:1498
msgid ""
"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.\" 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 interestingly different way."
+"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 interestingly "
+"different way."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1500
+#: freeculture.xml:1509
msgid ""
"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 "
#. PAGE BREAK 39
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1505
+#: freeculture.xml:1514
msgid ""
"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 "
"doujinshi comic can thus take a mainstream comic and develop it "
"differently—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 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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1520
+#: freeculture.xml:1529
msgid ""
"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 "
-"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 mainstream "
+"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 mainstream "
"commercial manga market. In some ways, it obviously 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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1531
+#: freeculture.xml:1540
msgid ""
"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 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 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."
+"<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, 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."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1545
+#: freeculture.xml:1554
msgid "Winick, Judd"
msgstr ""
#. f5
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1558
+#: freeculture.xml:1567
msgid ""
"For an excellent history, see Scott McCloud, <citetitle>Reinventing "
"Comics</citetitle> (New York: Perennial, 2000)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1548
+#: freeculture.xml:1557
msgid ""
"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 early "
-"days of comics in America are very much like what's going on in Japan "
+"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 in Japan "
"now. … American comics were born out of copying each other. … "
"That's how [the artists] learn to draw—by going into comic books and "
-"not tracing them, but looking at them and copying them\" and building from "
-"them.<placeholder type=\"footnote\" id=\"0\"/>"
+"not tracing them, but looking at them and copying them</quote> and building "
+"from them.<placeholder type=\"footnote\" id=\"0\"/>"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:1571
+msgid "Superman comics"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1563
+#: freeculture.xml:1573
msgid ""
"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>"
msgstr ""
#. f6
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1580
+#: freeculture.xml:1590
msgid ""
-"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 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.\""
+"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 rights. This is essentially a prisoner's dilemma "
+"solved.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1572
+#: freeculture.xml:1582
msgid ""
"The norm in Japan mitigates this legal difficulty. Some say it is precisely "
"the benefit accruing to the Japanese manga market that explains the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1591
+#: freeculture.xml:1601
msgid ""
"The problem with this story, however, as Mehra plainly acknowledges, is that "
"the mechanism producing this laissez faire response is not clear. It may "
"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 a more general pattern of blocking this \"free "
-"taking\" by the doujinshi culture?"
+"artists, why is there not a more general pattern of blocking this "
+"<quote>free taking</quote> by the doujinshi culture?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1602
+#: freeculture.xml:1612
msgid ""
"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 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>"
msgstr ""
#. PAGE BREAK 41
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1609
+#: freeculture.xml:1619
msgid ""
"This is a theme to which we will return: that regulation by law is a "
"function of both the words on the books and the costs of making those words "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1622
+#: freeculture.xml:1632
msgid ""
"If you're like I was a decade ago, or like most people are when they first "
"start thinking about these issues, then just about now you should be puzzled "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1639 freeculture.xml:2835 freeculture.xml:4469 freeculture.xml:4690 freeculture.xml:7242 freeculture.xml:8356
+#: freeculture.xml:1649 freeculture.xml:2871 freeculture.xml:4527 freeculture.xml:4750 freeculture.xml:7348 freeculture.xml:8467
msgid "Vaidhyanathan, Siva"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1632
+#: freeculture.xml:1642
msgid ""
"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—copyright, patents, trademark, and "
+"<quote>property</quote> rights—copyright, patents, trademark, and "
"trade-secret—but the nature of those rights is very different. "
"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1627
+#: freeculture.xml:1637
msgid ""
-"We live in a world that celebrates \"property.\" I am one of those "
-"celebrants. I believe in the value of property in general, and I also "
+"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 "
-"\"intellectual property.\"<placeholder type=\"footnote\" id=\"0\"/> A large, "
-"diverse society cannot survive without property; a large, diverse, and "
-"modern society cannot flourish without intellectual property."
+"<quote>intellectual property.</quote><placeholder type=\"footnote\" "
+"id=\"0\"/> A large, diverse society cannot survive without property; a "
+"large, diverse, and modern society cannot flourish without intellectual "
+"property."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1646
+#: freeculture.xml:1656
msgid ""
"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 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 condemning that taking as wrong— 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 Disney's "
-"use would have been considered \"fair.\" There was nothing wrong with the "
-"taking from the Grimms because the Grimms' work was in the public domain."
+"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 condemning that taking "
+"as wrong— 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 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."
msgstr ""
#. PAGE BREAK 42
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1661
+#: freeculture.xml:1671
msgid ""
"Thus, even though the things that Disney took—or more generally, the "
"things taken by anyone exercising Walt Disney creativity—are valuable, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1670
+#: freeculture.xml:1680
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1678
+#: freeculture.xml:1688
msgid ""
"Yet there is an obvious reluctance, even among Japanese lawyers, to say that "
-"the copycat comic artists are \"stealing.\" This form of Walt Disney "
-"creativity is seen as fair and right, even if lawyers in particular find it "
-"hard to say why."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1684
+#: freeculture.xml:1694
msgid ""
"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 Einstein, but may I "
-"have permission to use your theory of relativity to show that you were wrong "
-"about quantum physics?\") Acting companies perform adaptations of the works "
-"of Shakespeare without securing permission from anyone. (Does "
+"or paying for the privilege. (<quote>Excuse me, Professor Einstein, but may "
+"I have permission to use your theory of relativity 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 central Shakespeare rights clearinghouse "
"that all productions of Shakespeare must appeal to first?) And Hollywood "
#. PAGE BREAK 43
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1698
+#: freeculture.xml:1708
msgid ""
"Creators here and everywhere are always and at all times building upon the "
"creativity that went before and that surrounds them now. That building is "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1709
+#: freeculture.xml:1719
msgid ""
"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?\" How much, and how "
-"broadly, is the culture free for others to take and build upon? Is that "
+"<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 Exchange? Or is that freedom spread "
"broadly? To artists generally, whether affiliated with the Met or not? To "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1721
+#: freeculture.xml:1731
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:1729
-msgid "CHAPTER TWO: \"Mere Copyists\""
+#: freeculture.xml:1739
+msgid "CHAPTER TWO: <quote>Mere Copyists</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1731
+#: freeculture.xml:1741
msgid "photography"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:1741
+#: freeculture.xml:1751
msgid "Daguerre, Louis"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1734
+#: freeculture.xml:1744
msgid ""
"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 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.) <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"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.) <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:1753
+#: freeculture.xml:1763
msgid "Talbot, William"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1744
+#: freeculture.xml:1754
msgid ""
"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 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. <placeholder "
+"pushed inventors to find simpler and cheaper ways to make <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. <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1756
+#: freeculture.xml:1766
msgid "Eastman, George"
msgstr ""
#. PAGE BREAK 45
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1759
+#: freeculture.xml:1769
msgid ""
"The technological change that made mass photography possible didn't happen "
"until 1888, and was the creation of a single man. George Eastman, himself an "
#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1776
+#: freeculture.xml:1786
msgid ""
"Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: "
"Johns Hopkins University Press, 1975), 112."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:1778
+#: freeculture.xml:1788
msgid "Kodak Primer, The (Eastman)"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1771
+#: freeculture.xml:1781
msgid ""
"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.\"<placeholder "
-"type=\"footnote\" id=\"0\"/> As he described in <citetitle>The Kodak "
-"Primer</citetitle>: <placeholder type=\"indexterm\" id=\"1\"/>"
+"of its simplicity. <quote>You press the button and we do the "
+"rest.</quote><placeholder type=\"footnote\" id=\"0\"/> As he described in "
+"<citetitle>The Kodak Primer</citetitle>: <placeholder type=\"indexterm\" "
+"id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1795 freeculture.xml:1818
+#: freeculture.xml:1805 freeculture.xml:1828
msgid "Coe, Brian"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:1793
+#: freeculture.xml:1803
msgid ""
"Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: "
"Taplinger Publishing, 1977), 53. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:1782
+#: freeculture.xml:1792
msgid ""
"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 "
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1811
+#: freeculture.xml:1821
msgid "Jenkins, 177."
msgstr ""
#. f4
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1815
+#: freeculture.xml:1825
msgid "Based on a chart in Jenkins, p. 178."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1800
+#: freeculture.xml:1810
msgid ""
"For $25, anyone could make pictures. The camera came preloaded with film, "
"and when it had been used, the camera was returned to an Eastman factory, "
#. f5
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1833
+#: freeculture.xml:1843
msgid "Coe, 58."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1822
+#: freeculture.xml:1832
msgid ""
"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 never been able to do before. As "
-"author Brian Coe notes, \"For the first time the snapshot album provided the "
-"man on the street with a permanent record of his family and its "
+"author Brian Coe notes, <quote>For the first time the snapshot album "
+"provided the man on the street with a permanent record of his family and its "
"activities. … For the first time in history there exists an authentic "
"visual record of the appearance and activities of the common man made "
-"without [literary] interpretation or bias.\"<placeholder type=\"footnote\" "
-"id=\"0\"/>"
+"without [literary] interpretation or bias.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1837
+#: freeculture.xml:1847
msgid ""
"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\"; 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."
+"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."
msgstr ""
#. f6
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1859
+#: freeculture.xml:1869
msgid ""
"For illustrative cases, see, for example, <citetitle>Pavesich</citetitle> "
"v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905); "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1850
+#: freeculture.xml:1860
msgid ""
"What was required for this technology to flourish? Obviously, Eastman's "
"genius was an important part. But also important was the legal environment "
#. PAGE BREAK 47
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1867
+#: freeculture.xml:1877
msgid ""
"The arguments in favor of requiring permission will sound surprisingly "
-"familiar. The photographer was \"taking\" something from the person or "
-"building whose photograph he shot—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 draw Mickey, so, too, should "
-"these photographers not be free to take images that they thought valuable."
+"familiar. The photographer was <quote>taking</quote> something from the "
+"person or building whose photograph he shot—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 draw Mickey, so, "
+"too, should these photographers not be free to take images that they thought "
+"valuable."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:1889
+#: freeculture.xml:1899
msgid "Warren, Samuel D."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1886
+#: freeculture.xml:1896
msgid ""
-"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. <placeholder "
"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1879
+#: freeculture.xml:1889
msgid ""
"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 have the "
"to capture an image without compensating the source."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:1905 freeculture.xml:9155
+msgid "images, ownership of"
+msgstr ""
+
#. f8
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1906
+#: freeculture.xml:1917
msgid ""
-"See Melville B. Nimmer, \"The Right of Publicity,\" <citetitle>Law and "
-"Contemporary Problems</citetitle> 19 (1954): 203; William L. Prosser, "
-"\"Privacy,\" <citetitle>California Law Review</citetitle> 48 (1960) "
-"398–407; <citetitle>White</citetitle> v. <citetitle>Samsung "
-"Electronics America, Inc</citetitle>., 971 F. 2d 1395 (9th Cir. 1992), "
-"cert. denied, 508 U.S. 951 (1993)."
+"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) 398–407; <citetitle>White</citetitle> "
+"v. <citetitle>Samsung Electronics America, Inc</citetitle>., 971 F. 2d 1395 "
+"(9th Cir. 1992), cert. denied, 508 U.S. 951 (1993)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1896
+#: freeculture.xml:1907
msgid ""
"Fortunately for Mr. Eastman, and for photography in general, these early "
"decisions went in favor of the pirates. In general, no permission would be "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1914
+#: freeculture.xml:1925
msgid ""
"We can only speculate about how photography would have developed had the law "
"gone the other way. If the presumption had been against the 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 Kodak would be benefiting from the \"theft\" "
-"committed by the 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 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."
+"were not granted, then Eastman 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 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."
msgstr ""
#. PAGE BREAK 48
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1931
+#: freeculture.xml:1942
msgid ""
"But though we could imagine this system of permission, it would be very hard "
"to see how photography could have flourished as it did if the requirement "
"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."
+"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."
msgstr ""
#. f9
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1964
+#: freeculture.xml:1975
msgid ""
-"H. Edward Goldberg, \"Essential Presentation Tools: Hardware and Software "
-"You Need to Create Digital Multimedia Presentations,\" cadalyst, February "
-"2002, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#7</ulink>."
+"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>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1958
+#: freeculture.xml:1969
msgid ""
"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 real-time "
-"digital video editing system cost $25,000. Today you can get professional "
-"quality for $595.\"<placeholder type=\"footnote\" id=\"0\"/> 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.\""
+"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 "
+"professional quality for $595.</quote><placeholder type=\"footnote\" "
+"id=\"0\"/> 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 <quote>media "
+"literacy.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:1981
+#: freeculture.xml:1992
msgid "Yanofsky, Dave"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1976
+#: freeculture.xml:1987
msgid ""
-"\"Media literacy,\" as Dave Yanofsky, the executive director of Just Think!, "
-"puts it, \"is the ability … 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 the way people access "
-"
it.\" <placeholder type=\"indexterm\" id=\"0\"/>"
+"<quote>Media literacy,</quote> as Dave Yanofsky, the executive director of "
+"Just Think!, puts it, <quote>is the ability … 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 the "
+"
way people access it.</quote> <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1984
+#: freeculture.xml:1995
msgid ""
-"This may seem like an odd way to think about \"literacy.\" For most people, "
-"literacy is about reading and writing. Faulkner and Hemingway and noticing "
-"split infinitives are the things that \"literate\" people know about."
+"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 "
+"and noticing split infinitives are the things that <quote>literate</quote> "
+"people know about."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
+#: freeculture.xml:2000 freeculture.xml:2499 freeculture.xml:6382 freeculture.xml:7212 freeculture.xml:8298 freeculture.xml:8370
+msgid "advertising"
msgstr ""
#. f10
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:1994
+#: freeculture.xml:2006
msgid ""
"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."
+"(Hillsdale, N.J.: Lawrence Erlbaum Associates, 1990); <quote>Findings on "
+"Family and TV Study,</quote> <citetitle>Denver Post</citetitle>, 25 May "
+"1997, B6."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:1990
+#: freeculture.xml:2002
msgid ""
"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,<placeholder type=\"footnote\" id=\"0\"/> it is increasingly "
-"important to understand the \"grammar\" 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 (at least at first) terrible media."
+"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 (at least at "
+"first) terrible media."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2005
+#: freeculture.xml:2017
msgid ""
"A growing field of academics and activists sees this form of literacy as "
"crucial to the next generation of culture. For though anyone who has written "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2015
+#: freeculture.xml:2027
msgid ""
"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 the "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2022
+#: freeculture.xml:2034
msgid "Crichton, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2036 freeculture.xml:2096 freeculture.xml:2103 freeculture.xml:2538
+#: freeculture.xml:2048 freeculture.xml:2108 freeculture.xml:2115 freeculture.xml:2562
msgid "Barish, Stephanie"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2037
+#: freeculture.xml:2049
msgid "Daley, Elizabeth"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2034
+#: freeculture.xml:2046
msgid ""
"Interview with Elizabeth Daley and Stephanie Barish, 13 December 2002. "
"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
#. f12
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2048
+#: freeculture.xml:2060
msgid ""
-"See Scott Steinberg, \"Crichton Gets Medieval on PCs,\" E!online, 4 November "
-"2000, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#8</ulink>; \"Timeline,\" 22 November 2000, available at <ulink "
+"See Scott Steinberg, <quote>Crichton Gets Medieval on PCs,</quote> E!online, "
+"4 November 2000, available at <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>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2024
+#: freeculture.xml:2036
msgid ""
"This grammar has changed as media has changed. When it was just film, as "
"Elizabeth Daley, executive director of the University of Southern "
"California's Annenberg Center for Communication and dean of the USC School "
-"of Cinema-Television, explained to me, the grammar was about \"the placement "
-"of objects, color, … rhythm, pacing, and texture.\"<placeholder "
-"type=\"footnote\" id=\"0\"/> But as computers open up an interactive space "
-"where a story is \"played\" 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 "
-"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.<placeholder type=\"footnote\" id=\"1\"/>"
+"of Cinema-Television, explained to me, the grammar was about <quote>the "
+"placement of objects, color, … rhythm, pacing, and "
+"texture.</quote><placeholder type=\"footnote\" id=\"0\"/> But as computers "
+"open up an interactive space where a story is <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 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.<placeholder "
+"type=\"footnote\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2055
+#: freeculture.xml:2067
msgid "computer games"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2057
+#: freeculture.xml:2069
msgid ""
"This skill is precisely the craft a filmmaker learns. As Daley describes, "
-"\"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 led.\" If you know you were "
-"led through a film, the film has failed."
+"<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 led.</quote> If you know "
+"you were led through a film, the film has failed."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2064
+#: freeculture.xml:2076
msgid ""
"Yet the push for an expanded literacy—one that goes beyond text to "
"include audio and visual elements—is not about making better film "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:2071
+#: freeculture.xml:2083
msgid ""
"From my perspective, probably the most important digital divide is not "
"access to a box. It's the ability to be empowered with the language that "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2079
+#: freeculture.xml:2091
msgid ""
-"\"Read-only.\" Passive recipients of culture produced elsewhere. Couch "
-"potatoes. Consumers. This is the world of media from the twentieth century."
+"<quote>Read-only.</quote> Passive recipients of culture produced elsewhere. "
+"Couch potatoes. Consumers. This is the world of media from the twentieth "
+"century."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2095
+#: freeculture.xml:2107
msgid "Interview with Daley and Barish. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. f31
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2100 freeculture.xml:3839 freeculture.xml:4878 freeculture.xml:8080
+#: freeculture.xml:2112 freeculture.xml:3888 freeculture.xml:4939 freeculture.xml:8186
msgid "Ibid."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2084
+#: freeculture.xml:2096
msgid ""
"The twenty-first century could be different. This is the crucial point: It "
"could be both read and write. Or at least reading and better 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, and this "
-"literacy in particular, is to \"empower people to choose the appropriate "
-"language for what they need to create or express.\"<placeholder "
-"type=\"footnote\" id=\"0\"/> It is to enable students \"to communicate in "
-"the language of the twenty-first century.\"<placeholder type=\"footnote\" "
-"id=\"1\"/>"
+"literacy in particular, is to <quote>empower people to choose the "
+"appropriate language for what they need to create or "
+"express.</quote><placeholder type=\"footnote\" id=\"0\"/> It is to enable "
+"students <quote>to communicate in the language of the twenty-first "
+"century.</quote><placeholder type=\"footnote\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2105
+#: freeculture.xml:2117
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2117
+#: freeculture.xml:2129
msgid ""
"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,\" said Barish. They "
-"were working harder than in any other class to do what education should be "
-"about—learning how to express themselves."
+"kids to come, the challenge in this class was keeping them 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—learning how to express themselves."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2125
+#: freeculture.xml:2137
msgid ""
-"Using whatever \"free web stuff they could find,\" and relatively simple "
-"tools to enable the kids to mix \"image, sound, and text,\" Barish said 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 and empowered them to be able "
-"to both understand it and talk about it,\" Barish explained. That tool "
+"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 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 it,</quote> Barish explained. That tool "
"succeeded in creating expression—far more successfully and powerfully "
-"than could have been created using only text. \"If you had said to these "
-"students, `you 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, "
-"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."
+"than could have 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 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."
msgstr ""
#. PAGE BREAK 52
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2144
+#: freeculture.xml:2156
msgid ""
-"\"But isn't education about teaching kids to write?\" I asked. In part, 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 writing is only "
-"about teaching kids how to spell. Text is one part—and increasingly, "
-"not the most powerful part—of constructing meaning. As Daley explained "
-"in the most moving part of our interview,"
+"<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, "
+"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—and "
+"increasingly, not the most powerful part—of constructing meaning. As "
+"Daley explained in the most moving part of our interview,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:2155
+#: freeculture.xml:2167
msgid ""
"What you want is to give these students ways of constructing meaning. If all "
"you give them is text, they're not going to do it. 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 you say, \"Johnny, you're illiterate. Nothing you can do "
-"matters.\" 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 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 that you "
-"understand, that are your language, and construct meaning about the "
-"topic.…"
+"comes to school and 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 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 "
+"for me something that reflects that.</quote> Not by giving a kid a video "
+"camera and … 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 "
+"about the topic.…"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:2174
+#: freeculture.xml:2186
msgid ""
"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, they would rewrite a paragraph 5, 6, 7, 8 "
-"times, till they got it right."
+"as it has happened in all these classes, they 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."
msgstr ""
#. PAGE BREAK 53
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:2181
+#: freeculture.xml:2193
msgid ""
"Because they needed to. There was a reason for doing it. They needed to say "
"something, as opposed to just jumping through your hoops. They actually "
"needed to use a language that they didn't speak very well. But they had come "
-"to understand that they had a lot of power with this language.\""
+"to understand that they had a lot of power with this language."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2203
+msgid "World Trade Center"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2190
+#: freeculture.xml:2205
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2201
+#: freeculture.xml:2216
msgid ""
"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,\" and "
-"seriousness. This was news choreographed in the way we have increasingly "
-"come to expect it, \"news as entertainment,\" even if the entertainment is "
-"tragedy."
+"screen. There was a formula to interviews. There was <quote>balance,</quote> "
+"and seriousness. This was news choreographed in the way we have increasingly "
+"come to expect it, <quote>news as entertainment,</quote> even if the "
+"entertainment is tragedy."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2208 freeculture.xml:8019 freeculture.xml:8255
+#: freeculture.xml:2223 freeculture.xml:8125 freeculture.xml:8364
msgid "ABC"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2209
+#: freeculture.xml:2224
msgid "CBS"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2211
+#: freeculture.xml:2226
msgid ""
-"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 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 world and presented them as slide "
-"shows with text. Some offered open letters. There were sound "
-"recordings. There was anger and frustration. There were attempts to provide "
-"context. There was, in short, an extraordinary worldwide barn raising, in "
-"the sense Mike Godwin uses the term in his book <citetitle>Cyber "
+"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 world and "
+"presented them as slide shows with text. Some offered open letters. There "
+"were sound recordings. There was anger and frustration. There were attempts "
+"to provide context. There was, in short, an extraordinary worldwide barn "
+"raising, in the sense Mike Godwin uses the term in his book <citetitle>Cyber "
"Rights</citetitle>, around a news event that had captured the attention of "
"the world. There was ABC and CBS, but there was also the Internet."
msgstr ""
#. PAGE BREAK 54
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2225
+#: freeculture.xml:2240
msgid ""
"I don't mean simply to praise the Internet—though I do think the "
"people who supported this form of speech should be praised. I mean 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 by a student "
-"on the \"Just Think!\" bus, the visual images could be mixed with sound or "
-"text."
+"on the <quote>Just Think!</quote> bus, the visual images could be mixed with "
+"sound or text."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2235
+#: freeculture.xml:2250
msgid ""
"But unlike any technology for simply capturing images, the Internet allows "
"these creations to be shared with an extraordinary number of people, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2244
+#: freeculture.xml:2259
msgid ""
"September 11 was not an aberration. It was a beginning. Around the same "
"time, a form of communication that has grown dramatically was just beginning "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2253
+#: freeculture.xml:2268
msgid ""
"But in the United States, blogs have taken on a very different character. "
"There are some who use the space simply to talk about their private "
#. PAGE BREAK 55
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2267
+#: freeculture.xml:2282
msgid ""
"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 difficult for "
"and routinized. Most of us think this is democracy."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2292
+msgid "Tocqueville, Alexis de"
+msgstr ""
+
#. f15
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2293
+#: freeculture.xml:2309
msgid ""
"See, for example, Alexis de Tocqueville, <citetitle>Democracy in "
"America</citetitle>, bk. 1, trans. Henry Reeve (New York: Bantam Books, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2278
+#: freeculture.xml:2294
msgid ""
"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 popular elections that fascinated "
-"him—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 least, they had to agree upon a unanimous result for the process to come "
-"to an end.<placeholder type=\"footnote\" id=\"0\"/>"
+"early <quote>Democracy in America.</quote> It wasn't popular elections that "
+"fascinated him—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 "
+"<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.<placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. f16
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2302
+#: freeculture.xml:2318
msgid ""
-"Bruce Ackerman and James Fishkin, \"Deliberation Day,\" <citetitle>Journal "
-"of Political Philosophy</citetitle> 10 (2) (2002): 129."
+"Bruce Ackerman and James Fishkin, <quote>Deliberation Day,</quote> "
+"<citetitle>Journal of Political Philosophy</citetitle> 10 (2) (2002): 129."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2298
+#: freeculture.xml:2314
msgid ""
"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.<placeholder type=\"footnote\" "
"id=\"0\"/> 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."
+"for <quote>democratic deliberation</quote> to occur."
msgstr ""
#. f17
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2317
+#: freeculture.xml:2333
msgid ""
"Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton "
"University Press, 2001), 65–80, 175, 182, 183, 192."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2310
+#: freeculture.xml:2326
msgid ""
"More bizarrely, there is generally not even permission for it to occur. We, "
"the most powerful democracy in the world, have developed a strong norm "
#. PAGE BREAK 56
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2323
+#: freeculture.xml:2339
msgid ""
"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 want "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2334
+#: freeculture.xml:2350
msgid ""
"But beyond architecture, blogs also have solved the problem of "
"norms. There's no norm (yet) in blog space not to talk about politics. "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:2346
+#: freeculture.xml:2362
msgid "Dean, Howard"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2342
+#: freeculture.xml:2358
msgid ""
"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 "
"effect. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2364
+msgid "Thurmond, Strom"
+msgstr ""
+
#. f18
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2360
+#: freeculture.xml:2377
msgid ""
-"Noah Shachtman, \"With Incessant Postings, a Pundit Stirs the Pot,\" New "
-"York Times, 16 January 2003, G5."
+"Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the "
+"Pot,</quote> New York Times, 16 January 2003, G5."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:2363
+#: freeculture.xml:2380
msgid "Lott, Trent"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2349
+#: freeculture.xml:2366
msgid ""
"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 "
-"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 broke back into the mainstream "
-"press. In the end, Lott was forced to resign as senate majority "
-"leader.<placeholder type=\"footnote\" id=\"0\"/> <placeholder "
+"<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 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.<placeholder type=\"footnote\" id=\"0\"/> <placeholder "
"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2366
+#: freeculture.xml:2383
msgid ""
"This different cycle is possible because the same commercial pressures don't "
"exist with blogs as with other ventures. Television and newspapers are "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2373
+#: freeculture.xml:2390
msgid ""
"But bloggers don't have a similar constraint. They can obsess, they can "
"focus, they can get serious. If a particular blogger writes a particularly "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2382
+#: freeculture.xml:2399
msgid "Winer, Dave"
msgstr ""
#. PAGE BREAK 57
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2385
+#: freeculture.xml:2402
msgid ""
"There's a second way, as well, in which blogs have a different cycle 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 conflict of "
-"interest is so easily disclosed that you know you can sort of get it out of "
-"the way.\""
+"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 get it out of the way.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2395 freeculture.xml:2448
+#: freeculture.xml:2412 freeculture.xml:2458
msgid "CNN"
msgstr ""
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:2413 freeculture.xml:2459 freeculture.xml:5587
+msgid "Iraq war"
+msgstr ""
+
#. f19
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2403
+#: freeculture.xml:2421
msgid "Telephone interview with David Winer, 16 April 2003."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2397
+#: freeculture.xml:2415
msgid ""
"These conflicts become more important as media becomes more concentrated "
"(more on this below). A concentrated media can hide more from the public "
"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 told her that <emphasis>they</emphasis> were writing \"the "
-"story.\")"
+"warranted, they told her that <emphasis>they</emphasis> were writing "
+"<quote>the story.</quote>)"
msgstr ""
#. f20
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2421
+#: freeculture.xml:2439
msgid ""
-"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,\" Online "
-"Journalism Review, 2 February 2003, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #10</ulink>."
+"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>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2413
+#: freeculture.xml:2431
msgid ""
-"Blog space gives amateurs a way to enter the debate—\"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.<placeholder type=\"footnote\" id=\"0\"/> 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\"—with all the "
+"Blog space gives amateurs a way to enter the "
+"debate—<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.<placeholder type=\"footnote\" id=\"0\"/> And it drives readers to read "
+"across the range of accounts and <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>—with all the "
"benefits, and costs, that might entail."
msgstr ""
-#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2440
-msgid ""
-"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 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.\") "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:2460
+msgid "Olafson, Steve"
msgstr ""
-#. PAGE BREAK 58
-#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2433
+#. type: Content of: <book><part><chapter><para><footnote><para>
+#: freeculture.xml:2458
msgid ""
-"Winer is optimistic about the future of journalism infected with "
-"blogs. \"It's going to become an essential skill,\" Winer predicts, for "
-"public figures and increasingly for private figures as well. It's not clear "
-"that \"journalism\" is happy about this—some journalists have been "
-"told to curtail their blogging.<placeholder type=\"footnote\" id=\"0\"/> But "
-"it is clear that we are still in transition. \"A lot of what we are doing "
-"now is warm-up exercises,\" 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 of the Internet (meaning infringing "
-"on copyright), Winer said, \"we will be the last thing that gets shut "
-"down.\""
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> 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, that "
+"dealt with some of the issues and people he was covering.</quote>)"
msgstr ""
+#. PAGE BREAK 58
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2460
+#: freeculture.xml:2451
msgid ""
-"This speech affects democracy. Winer thinks that happens because \"you don't "
-"have to work for somebody who controls, [for] a gatekeeper.\" 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 is easy to be wrong and "
+"Winer is optimistic about the future of journalism infected 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 not clear that <quote>journalism</quote> is happy about "
+"this—some journalists have been told to curtail their "
+"blogging.<placeholder type=\"footnote\" id=\"0\"/> But it is clear that we "
+"are still in transition. <quote>A 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 of the Internet (meaning infringing on "
+"copyright), Winer said, <quote>we will be the last thing that gets shut "
+"down.</quote>"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:2480
+msgid ""
+"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 is easy to be wrong and "
"misguided in your head. It is harder when the product of your mind can be "
"criticized by others. Of course, it is a rare human who admits that he has "
"been persuaded that he is wrong. But it is even rarer for a human to ignore "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2476
+#: freeculture.xml:2496
msgid "Brown, John Seely"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2479
+#: freeculture.xml:2502
msgid ""
"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.\""
+"as his Web site describes it, is <quote>human learning and … the "
+"creation of knowledge ecologies for creating … innovation.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2484
+#: freeculture.xml:2507
msgid ""
"Brown thus looks at these technologies of digital creativity a bit "
"differently from the perspectives I've sketched so far. I'm sure he would be "
#. PAGE BREAK 59
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2491
+#: freeculture.xml:2514
msgid ""
-"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 enable a "
-"different kind of tinkering—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 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 the tinkering of many others."
+"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—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 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 <quote>free collage,</quote> as Brown calls it. Many get to "
+"add to or transform the tinkering of many others."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2504
+#: freeculture.xml:2527
msgid ""
"The best large-scale example of this kind of tinkering so far is free "
"software or open-source software (FS/OSS). FS/OSS is software whose source "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2511
+#: freeculture.xml:2534
msgid ""
-"This opportunity creates a \"completely new kind of learning platform,\" as "
-"Brown describes. \"As soon as you start doing that, you … 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.\""
+"This opportunity creates a <quote>completely new kind of learning "
+"platform,</quote> as Brown describes. <quote>As soon as you start doing "
+"that, you … 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.</quote> Each effort is a kind of "
+"apprenticeship. <quote>Open source becomes a major apprenticeship "
+"platform.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2519
+#: freeculture.xml:2542
msgid ""
-"In this process, \"the concrete things you tinker with are abstract. They "
-"are code.\" Kids are \"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 platform. … You are "
-"tinkering with other people's stuff. The more you tinker the more you "
-"improve.\" The more you improve, the more you learn."
+"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 "
+"platform. … 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2528
+#: freeculture.xml:2551
msgid ""
"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 "
+"<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 "
-"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 lot "
-"you can start to do on this medium. [It] can now amplify and honor these "
-"multiple forms of intelligence.\""
+"text. <quote>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 "
+"lot you can start to do on this medium. [It] can now amplify and honor these "
+"multiple forms of intelligence.</quote>"
msgstr ""
#. PAGE BREAK 60
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2540
+#: freeculture.xml:2564
msgid ""
"Brown is talking about what Elizabeth Daley, Stephanie Barish, and Just "
"Think! teach: that this tinkering with culture teaches as well as "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2548
+#: freeculture.xml:2572
msgid ""
"Yet the freedom to tinker with these objects is not guaranteed. Indeed, as "
"we'll see through the course of this book, that freedom is increasingly "
#. f22
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2564
+#: freeculture.xml:2588
msgid ""
-"See, for example, Edward Felten and Andrew Appel, \"Technological Access "
-"Control Interferes with Noninfringing Scholarship,\" "
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2557
+#: freeculture.xml:2581
msgid ""
"These restrictions have become the focus of researchers and scholars. "
"Professor Ed Felten of Princeton (whom we'll see more of in chapter <xref "
"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>) has developed a "
-"powerful argument in favor of the \"right to tinker\" as it applies to "
-"computer science and to knowledge in general.<placeholder type=\"footnote\" "
-"id=\"0\"/> 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."
+"powerful argument in favor of the <quote>right to tinker</quote> as it "
+"applies to computer science and to knowledge in general.<placeholder "
+"type=\"footnote\" id=\"0\"/> 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2572
+#: freeculture.xml:2596
msgid ""
-"\"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>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2577
+#: freeculture.xml:2601
msgid ""
-"\"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 architecture "
-"that unleashes 60 percent of the brain [and] a legal system that closes down "
-"that part of the brain.\""
+"<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. … We're building an "
+"architecture that unleashes 60 percent of the brain [and] a legal system "
+"that closes down that part of the brain.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2585
+#: freeculture.xml:2609
msgid ""
"We're building a technology that takes the magic of Kodak, mixes moving "
"images and sound, and adds a space for commentary and an opportunity to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2591
+#: freeculture.xml:2615
msgid ""
-"\"No way to run a culture,\" as Brewster Kahle, whom we'll meet in chapter "
-"<xref xrefstyle=\"select: labelnumber\" linkend=\"collectors\"/>, 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."
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:2598
+#: freeculture.xml:2622
msgid "CHAPTER THREE: Catalogs"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2599
+#: freeculture.xml:2623
msgid "RPI"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:2599 freeculture.xml:2601
+#: freeculture.xml:2623 freeculture.xml:2625
msgid "Rensselaer Polytechnic Institute (RPI)"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2604
+#: freeculture.xml:2628
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2611
+#: freeculture.xml:2635
msgid ""
"RPI is one of America's foremost technological research institutions. It "
"offers degrees in fields ranging from architecture and engineering to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2619
+#: freeculture.xml:2643
msgid ""
"RPI's computer network links students, faculty, and administration to one "
"another. It also links RPI to the Internet. Not everything available on the "
#. PAGE BREAK 62
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2626
+#: freeculture.xml:2650
msgid ""
"Search engines are a measure of a network's intimacy. Google 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, 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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2638
+#: freeculture.xml:2662
msgid ""
"These engines are enabled by the network technology itself. Microsoft, for "
"example, has a network file system that makes it very easy for search "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2647
+#: freeculture.xml:2671
msgid ""
"Jesse's wasn't the first search engine built for the RPI network. Indeed, "
"his engine was a simple modification of engines that others had built. His "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2659
+#: freeculture.xml:2683
msgid ""
"Jesse's engine went on-line in late October. Over the following six months, "
"he continued to tweak it to improve its functionality. By March, the system "
#. PAGE BREAK 63
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2666
+#: freeculture.xml:2690
msgid ""
"Thus the index his search engine produced included pictures, which students "
"could use to put on their own Web sites; copies of notes or research; copies "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2675
+#: freeculture.xml:2699
msgid ""
"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 means, of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2690
+#: freeculture.xml:2714
msgid ""
"On April 3, 2003, Jesse was contacted by the dean of students at RPI. The "
"dean informed Jesse that the Recording Industry Association of America, the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2699
+#: freeculture.xml:2723
msgid ""
-"\"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 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\"—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."
+"<quote>It was absurd,</quote> he told me. <quote>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 "
+"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</quote>—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."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2735
+msgid "statutory damages"
msgstr ""
#. PAGE BREAK 64
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2712
+#: freeculture.xml:2737
msgid ""
"But the RIAA branded Jesse a pirate. They claimed he operated a network and "
-"had therefore \"willfully\" violated copyright laws. They 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 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."
+"had therefore <quote>willfully</quote> violated copyright laws. They "
+"demanded that he pay them the damages for his wrong. For cases of "
+"<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."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2747
+msgid "Princeton University"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2748
+msgid "Michigan Technical University"
msgstr ""
#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2735
+#: freeculture.xml:2762
msgid ""
-"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 (2003): 5, available at 2003 WL 55179443."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2723
+#: freeculture.xml:2750
msgid ""
"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. If you "
-"added up the claims, these four lawsuits were asking courts in the United "
-"States to award the plaintiffs close to $100 "
+"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>—six times the <emphasis>total</emphasis> "
"profit of the film industry in 2001.<placeholder type=\"footnote\" "
"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2742
+#: freeculture.xml:2769
msgid ""
"Jesse called his parents. They were supportive but a bit frightened. An "
"uncle was a lawyer. He began negotiations with the RIAA. They demanded to "
"other employment. They demanded $12,000 to dismiss the case."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:2775
+msgid "Oppenheimer, Matt"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2749
+#: freeculture.xml:2777
msgid ""
"The RIAA wanted Jesse to admit to doing something wrong. He refused. They "
"wanted him to agree to an injunction that would 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 case, Matt Oppenheimer, told Jesse, \"You don't want to pay "
-"another visit to a dentist like me.\") And throughout, the RIAA insisted it "
-"would not settle the case until it took every penny Jesse had saved."
+"lawyer on the 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."
msgstr ""
#. PAGE BREAK 65
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2760
+#: freeculture.xml:2788
msgid ""
"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 American "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2770
+#: freeculture.xml:2798
msgid ""
"So Jesse faced a mafia-like choice: $250,000 and a chance at winning, or "
"$12,000 and a settlement."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:2802 freeculture.xml:3161 freeculture.xml:4084 freeculture.xml:5187 freeculture.xml:5238 freeculture.xml:9613 freeculture.xml:9714 freeculture.xml:9888 freeculture.xml:14426 freeculture.xml:14494
+msgid "artists"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><secondary>
+#: freeculture.xml:2803 freeculture.xml:3162 freeculture.xml:4085 freeculture.xml:9614 freeculture.xml:9715 freeculture.xml:9889 freeculture.xml:14427 freeculture.xml:14495
+msgid "recording industry payments to"
+msgstr ""
+
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2782
+#: freeculture.xml:2814
msgid ""
"Occupational Employment Survey, U.S. Dept. of Labor (2001) "
"(27–2042—Musicians and Singers). See also National Endowment for "
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:2790
+#: freeculture.xml:2822
msgid ""
-"Douglas Lichtman makes a related point in \"KaZaA and Punishment,\" "
-"<citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24."
+"Douglas Lichtman makes a related point in <quote>KaZaA and "
+"Punishment,</quote> <citetitle>Wall Street Journal</citetitle>, 10 September "
+"2003, A24."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2774
+#: freeculture.xml:2806
msgid ""
"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. Where is the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2795
+#: freeculture.xml:2827
msgid ""
"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 kid who had "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:2802
+#: freeculture.xml:2834
msgid ""
"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 ever "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2809
+#: freeculture.xml:2841
msgid ""
"Jesse's parents betray a certain pride in their reluctant activist. As his "
-"father told me, Jesse \"considers himself very conservative, and so do "
+"father told me, Jesse <quote>considers himself very conservative, and so do "
"I. … He's not a tree hugger. … I think it's bizarre that they "
"would pick on him. But he wants to let people know that they're sending the "
-"wrong message. And he wants to correct the record.\""
+"wrong message. And he wants to correct the record.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:2818
-msgid "CHAPTER FOUR: \"Pirates\""
+#: freeculture.xml:2850
+msgid "CHAPTER FOUR: <quote>Pirates</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:2820
+#: freeculture.xml:2853
msgid ""
-"If \"piracy\" means using the creative property of others without their "
-"permission—if \"if value, then right\" is true—then the history "
-"of the content industry is a history of piracy. Every important sector of "
-"\"big media\" today—film, records, radio, and cable TV—was born "
+"<emphasis role=\"strong\">If <quote>piracy</quote> means</emphasis> using "
+"the creative property of others without their permission—if <quote>if "
+"value, then right</quote> is true—then the history of the content "
+"industry is a history of piracy. Every important sector of <quote>big "
+"media</quote> today—film, records, radio, and cable TV—was born "
"of a kind of piracy so defined. The consistent story is how last "
"generation's pirates join this generation's country club—until now."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:2828
+#: freeculture.xml:2864
msgid "Film"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2832
+#: freeculture.xml:2868
msgid ""
"I am grateful to Peter DiMauro for pointing me to this extraordinary "
"history. See also Siva Vaidhyanathan, <citetitle>Copyrights and "
-"Copywrongs</citetitle>, 87–93, which details Edison's \"adventures\" "
-"with copyright and patent. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Copywrongs</citetitle>, 87–93, which details Edison's "
+"<quote>adventures</quote> with copyright and patent. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 67
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2830
+#: freeculture.xml:2866
msgid ""
"The film industry of Hollywood was built by fleeing pirates.<placeholder "
"type=\"footnote\" id=\"0\"/> 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 Company, and were based on Thomas Edison's creative "
-"property—patents. Edison formed the MPPC to exercise the rights this "
-"creative property gave him, and the MPPC was serious about the control it "
-"demanded."
+"Edison. These controls were exercised through a monopoly "
+"<quote>trust,</quote> the Motion Pictures Patents Company, and were based on "
+"Thomas Edison's creative property—patents. Edison formed the MPPC to "
+"exercise the rights this creative property gave him, and the MPPC was "
+"serious about the control it demanded."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2848
+#: freeculture.xml:2884
msgid "As one commentator tells one part of the story,"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:2852
+#: freeculture.xml:2888
msgid ""
"A January 1909 deadline was set for all companies to comply with the "
"license. By February, unlicensed outlaws, who referred to themselves as "
"imported film stock to create their own underground market."
msgstr ""
-#. f2
+#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
+#: freeculture.xml:2919 freeculture.xml:4297 freeculture.xml:9489 freeculture.xml:9607
+msgid "broadcast flag"
+msgstr ""
+
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:2872
+#: freeculture.xml:2908
msgid ""
"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 <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 Edison to the Broadcast "
-"Flag: Mechanisms of Consent and Refusal and the Propertization of "
-"Copyright\" (September 2002), University of Chicago Law School, James "
-"M. Olin Program in Law and Economics, Working Paper No. 159."
+"expanded texts 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 limits "
+"imposed by Victor on phonographs, see Randal C. Picker, <quote>From Edison "
+"to the Broadcast Flag: Mechanisms of Consent and Refusal and the "
+"Propertization of Copyright</quote> (September 2002), University of Chicago "
+"Law School, James M. Olin Program in Law and Economics, Working Paper "
+"No. 159. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary>
-#: freeculture.xml:2883
+#: freeculture.xml:2921
msgid "Fox, William"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary>
-#: freeculture.xml:2884
+#: freeculture.xml:2922
msgid "General Film Company"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2885 freeculture.xml:3138 freeculture.xml:4244 freeculture.xml:9627
+#: freeculture.xml:2923 freeculture.xml:3181 freeculture.xml:4298 freeculture.xml:9758
msgid "Picker, Randal C."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:2861
+#: freeculture.xml:2897
msgid ""
"With the country experiencing a tremendous expansion in the number of "
"nickelodeons, the Patents Company reacted to the independent movement by "
#. f3
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2895
+#: freeculture.xml:2933
msgid ""
-"Marc Wanamaker, \"The First Studios,\" <citetitle>The Silents "
+"Marc Wanamaker, <quote>The First Studios,</quote> <citetitle>The Silents "
"Majority</citetitle>, archived at <ulink "
"url=\"http://free-culture.cc/notes/\">link #12</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2889
+#: freeculture.xml:2927
msgid ""
-"The Napsters of those days, the \"independents,\" were companies like "
-"Fox. And no less than today, these independents were vigorously resisted. "
-"\"Shooting was disrupted by machinery stolen, and `accidents' resulting in "
-"loss of negatives, equipment, buildings and sometimes life and limb "
-"frequently occurred.\"<placeholder type=\"footnote\" id=\"0\"/> That led the "
-"independents to flee the East Coast. California was remote enough from "
-"Edison's reach that filmmakers there could pirate his inventions without "
-"fear of the law. And the leaders of Hollywood filmmaking, Fox most "
-"prominently, did just that."
+"The Napsters of those days, the <quote>independents,</quote> were companies "
+"like Fox. And no less than today, these independents were vigorously "
+"resisted. <quote>Shooting was disrupted by machinery stolen, and "
+"`accidents' resulting in loss of negatives, equipment, buildings and "
+"sometimes life and limb frequently occurred.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/> That led the independents to flee the East "
+"Coast. California was remote enough from Edison's reach that filmmakers "
+"there could pirate his inventions without fear of the law. And the leaders "
+"of Hollywood filmmaking, Fox most prominently, did just that."
msgstr ""
#. PAGE BREAK 68
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2905
+#: freeculture.xml:2943
msgid ""
"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 time), by the time "
-"enough federal marshals appeared, the patents had expired. A new industry "
-"had been born, in part from the piracy of Edison's creative property."
+"truly <quote>limited</quote> monopoly (just seventeen years at that time), "
+"by the time enough federal marshals appeared, the patents had expired. A new "
+"industry had been born, in part from the piracy of Edison's creative "
+"property."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:2916
+#: freeculture.xml:2954
msgid "Recorded Music"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2918
+#: freeculture.xml:2956
msgid ""
"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:2922
+#: freeculture.xml:2960
msgid "Fourneaux, Henri"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:2924
+#: freeculture.xml:2962
msgid "Russel, Phil"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2926
+#: freeculture.xml:2964
msgid ""
"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 to get a copy of the musical "
-"score, and I would also have to pay for the right to perform it publicly."
+"words, in 1900, if I wanted a copy of Phil Russel's 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:2935 freeculture.xml:3083
+#: freeculture.xml:2973 freeculture.xml:3122
msgid "Beatles"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2937
+#: freeculture.xml:2975
msgid ""
-"But what if I wanted to record \"Happy Mose,\" 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 \"public performance\" 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—yet— regulated by copyright law). So if I "
-"simply sang the song into a recording device in the privacy of my own home, "
-"it wasn't clear that I owed the composer anything. And more importantly, it "
-"wasn't clear whether I owed the composer anything if I then made copies of "
-"those recordings. Because of this gap in the law, then, I could effectively "
+"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 <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—yet— regulated by copyright law). So if I simply sang the "
+"song into a recording device in the privacy of my own home, it wasn't clear "
+"that I owed the composer anything. And more importantly, it wasn't clear "
+"whether I owed the composer anything if I 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2960 freeculture.xml:2977
+#: freeculture.xml:2998 freeculture.xml:3015
msgid "Kittredge, Alfred"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2956
+#: freeculture.xml:2994
msgid ""
"The composers (and publishers) were none too happy about this capacity to "
"pirate. As South Dakota senator Alfred Kittredge put it, <placeholder "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:2971
+#: freeculture.xml:3009
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright: Hearings on S. 6330 "
"and H.R. 19853 Before the ( Joint) Committees on Patents, 59th Cong. 59, 1st "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:2964
+#: freeculture.xml:3002
msgid ""
"Imagine the injustice of the thing. A composer writes a song or an opera. A "
"publisher buys at great expense the rights to the same and copyrights "
"id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:3019
+msgid "Sousa, John Philip"
+msgstr ""
+
#. f5
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2986
+#: freeculture.xml:3025
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 223 (statement of "
"Nathan Burkan, attorney for the Music Publishers Association)."
#. f6
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2992
+#: freeculture.xml:3031
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 226 (statement of "
"Nathan Burkan, attorney for the Music Publishers Association)."
#. f7
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:2999
+#: freeculture.xml:3038
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 23 (statement of "
"John Philip Sousa, composer)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:2982
+#: freeculture.xml:3021
msgid ""
"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,\"<placeholder type=\"footnote\" id=\"0\"/> and the \"music "
-"publishing industry\" was thereby \"at the complete mercy of this one "
-"pirate.\"<placeholder type=\"footnote\" id=\"1\"/> 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.\"<placeholder type=\"footnote\" id=\"2\"/>"
+"were <quote>sponging upon the toil, the work, the talent, and genius of "
+"American composers,</quote><placeholder type=\"footnote\" id=\"0\"/> and the "
+"<quote>music publishing industry</quote> was thereby <quote>at the complete "
+"mercy of this one pirate.</quote><placeholder type=\"footnote\" id=\"1\"/> "
+"As John Philip 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><placeholder "
+"type=\"footnote\" id=\"2\"/>"
msgstr ""
#. f8
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3012
+#: freeculture.xml:3051
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 283–84 "
"(statement of Albert Walker, representative of the Auto-Music Perforating "
#. f9
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3023
+#: freeculture.xml:3062
msgid ""
"To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared "
"memorandum of Philip Mauro, general patent counsel of the American "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3027
+#: freeculture.xml:3066
msgid "American Graphophone Company"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3004
+#: freeculture.xml:3043
msgid ""
"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 introduction of "
+"argued that <quote>it is perfectly demonstrable that the introduction of "
"automatic music players has not deprived any composer of anything he had "
-"before their introduction.\" Rather, the machines increased the sales of "
-"sheet music.<placeholder type=\"footnote\" id=\"0\"/> 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 musical, literary or artistic, except as defined by "
-"statute.\"<placeholder type=\"footnote\" id=\"1\"/> <placeholder "
-"type=\"indexterm\" id=\"2\"/>"
+"before their introduction.</quote> Rather, the machines increased the sales "
+"
of sheet music.<placeholder type=\"footnote\" id=\"0\"/> In any case, the "
+"innovators argued, the job of 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 statute.</quote><placeholder type=\"footnote\" id=\"1\"/> "
+"<placeholder type=\"indexterm\" id=\"2\"/>"
msgstr ""
#. PAGE BREAK 70
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3030
+#: freeculture.xml:3069
msgid ""
"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 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 recorded once. This is the part of "
-"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."
+"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 recorded once. This is the "
+"part of 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3045
+#: freeculture.xml:3084
msgid ""
-"American law ordinarily calls this a \"compulsory license,\" but I will "
-"refer to it as a \"statutory license.\" 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."
+"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."
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3060 freeculture.xml:13936
+#: freeculture.xml:3099 freeculture.xml:14126
msgid "Grisham, John"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3053
+#: freeculture.xml:3092
msgid ""
"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 Grisham gives the "
#. f10
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3077
+#: freeculture.xml:3116
msgid ""
"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 sess., "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3063
+#: freeculture.xml:3102
msgid ""
"But the law governing recordings gives recording artists less. And thus, in "
"effect, the law <emphasis>subsidizes</emphasis> the recording industry "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3086
+#: freeculture.xml:3125
msgid ""
"While the recording industry has been quite coy about this recently, "
"historically it has been quite a supporter of the statutory license for "
#. f11
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3108
+#: freeculture.xml:3147
msgid ""
"Copyright Law Revision: Report to Accompany H.R. 2512, House Committee on "
"the Judiciary, 90th Cong., 1st sess., House Document no. 83, (8 March "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:3093
+#: freeculture.xml:3132
msgid ""
"the record producers argued vigorously that the compulsory license system "
"must be retained. They asserted that the record industry is a "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3115
+#: freeculture.xml:3154
msgid ""
"By limiting the rights musicians have, by partially pirating their creative "
"work, the record producers, and the public, benefit."
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:3120 freeculture.xml:4209
+#: freeculture.xml:3159 freeculture.xml:4262
msgid "Radio"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3122
+#: freeculture.xml:3165
msgid "Radio was also born of piracy."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3137
+#: freeculture.xml:3180
msgid "Hand, Learned"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3128
+#: freeculture.xml:3171
msgid ""
"See 17 <citetitle>United States Code</citetitle>, sections 106 and 110. At "
-"the beginning, record companies printed \"Not Licensed for Radio Broadcast\" "
-"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 "
+"the beginning, 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 "
-"Cir. 1940). See also Randal C. Picker, \"From Edison to the Broadcast Flag: "
-"Mechanisms of Consent and Refusal and the Propertization of Copyright,\" "
-"<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 281. "
-"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
-"id=\"1\"/>"
+"Cir. 1940). See also Randal C. Picker, <quote>From Edison to the Broadcast "
+"Flag: Mechanisms of Consent and Refusal and the Propertization of "
+"Copyright,</quote> <citetitle>University of Chicago Law Review</citetitle> "
+"70 (2003): 281. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
+"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3125
+#: freeculture.xml:3168
msgid ""
-"When a radio station plays a record on the air, that constitutes a \"public "
-"performance\" of the composer's work.<placeholder type=\"footnote\" "
-"id=\"0\"/> As I described above, the law gives the composer (or copyright "
-"holder) an exclusive right to public performances of his work. The radio "
-"station thus owes the composer money for that performance."
+"When a radio station plays a record on the air, that constitutes a "
+"<quote>public performance</quote> of the composer's work.<placeholder "
+"type=\"footnote\" id=\"0\"/> As I described above, the law gives the "
+"composer (or copyright holder) an exclusive right to public performances of "
+"his work. The radio station thus owes the composer money for that "
+"performance."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:3155 freeculture.xml:8718 freeculture.xml:9176 freeculture.xml:12102
+#: freeculture.xml:3198 freeculture.xml:8830 freeculture.xml:9294 freeculture.xml:12264
msgid "Lovett, Lyle"
msgstr ""
#. PAGE BREAK 72
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3145
+#: freeculture.xml:3188
msgid ""
"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 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 "
+"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 law were perfectly "
"consistent, the radio station would have to pay the recording artist for his "
"work, just as it pays the composer of the music for his work. <placeholder "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3160
+#: freeculture.xml:3203
msgid ""
"But it doesn't. Under the law governing radio performances, the radio "
"station does not have to pay the recording artist. The radio station need "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:3168 freeculture.xml:3671 freeculture.xml:6048
+#: freeculture.xml:3211 freeculture.xml:3720 freeculture.xml:6135
msgid "Madonna"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3171
+#: freeculture.xml:3214
msgid ""
"This difference can be huge. Imagine you compose a piece of music. Imagine "
"it is your first. You own the exclusive right to authorize public "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3177
+#: freeculture.xml:3220
msgid ""
"Imagine she does sing your song, and imagine she likes it a lot. She 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 \"protected\" right. The radio "
-"station thus gets to <emphasis>pirate</emphasis> the value of Madonna's work "
-"without paying her anything."
+"public performance of her recording is not a <quote>protected</quote> "
+"right. The radio station thus gets to <emphasis>pirate</emphasis> the value "
+"of Madonna's work without paying her anything."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3188
+#: freeculture.xml:3231
msgid ""
"No doubt, one might argue that, on balance, the recording artists "
"benefit. On average, the promotion they get is worth more than the "
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:3197 freeculture.xml:4215
+#: freeculture.xml:3241 freeculture.xml:4268
msgid "Cable TV"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3200
+#: freeculture.xml:3244
msgid "Cable TV was also born of a kind of piracy."
msgstr ""
#. PAGE BREAK 73
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3203
+#: freeculture.xml:3247
msgid ""
"When cable entrepreneurs first started wiring communities with cable "
"television in 1948, most refused to pay broadcasters for the content that "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:3213
+#: freeculture.xml:3257
msgid "Anello, Douglas"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:3214
+#: freeculture.xml:3258
msgid "Burdick, Quentin"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3215 freeculture.xml:3226
+#: freeculture.xml:3259 freeculture.xml:3270
msgid "Hyde, Rosel H."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3221
+#: freeculture.xml:3265
msgid ""
"Copyright Law Revision—CATV: Hearing on S. 1006 Before the "
"Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee "
#. f14
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3233
+#: freeculture.xml:3277
msgid ""
"Copyright Law Revision—CATV, 116 (statement of Douglas A. Anello, "
"general counsel of the National Association of Broadcasters)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3217
+#: freeculture.xml:3261
msgid ""
"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.\"<placeholder type=\"footnote\" "
-"id=\"0\"/> There may have been a \"public interest\" in spreading the reach "
-"of cable 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?\"<placeholder type=\"footnote\" id=\"1\"/> As another broadcaster "
-"put it,"
+"Hyde, chairman of the FCC, viewed the practice as a kind of <quote>unfair "
+"and potentially destructive competition.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/> 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 of Broadcasters, asked Senator "
+"Quentin Burdick during testimony, <quote>Does public interest dictate that "
+"you use somebody else's property?</quote><placeholder type=\"footnote\" "
+"id=\"1\"/> As another broadcaster put it,"
msgstr ""
#. f15
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3244
+#: freeculture.xml:3288
msgid ""
"Copyright Law Revision—CATV, 126 (statement of Ernest W. Jennes, "
"general counsel of the Association of Maximum Service Telecasters, Inc.)."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:3240
+#: freeculture.xml:3284
msgid ""
"The extraordinary thing about the CATV business is that it is the only "
"business I know of where the product that is being sold is not paid "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3250
+#: freeculture.xml:3294
msgid "Again, the demand of the copyright holders seemed reasonable enough:"
msgstr ""
#. f16
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3259
+#: freeculture.xml:3303
msgid ""
"Copyright Law Revision—CATV, 169 (joint statement of Arthur B. Krim, "
"president of United Artists Corp., and John Sinn, president of United "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:3254
+#: freeculture.xml:3298
msgid ""
"All we are asking for is a very simple thing, that people who now take our "
"property for nothing pay for it. We are trying to stop piracy and I don't "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3265 freeculture.xml:3273
+#: freeculture.xml:3309 freeculture.xml:3317
msgid "Heston, Charlton"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3271
+#: freeculture.xml:3315
msgid ""
"Copyright Law Revision—CATV, 209 (statement of Charlton Heston, "
"president of the Screen Actors Guild). <placeholder type=\"indexterm\" "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3267
+#: freeculture.xml:3311
msgid ""
-"These were \"free-ride[rs],\" Screen Actor's Guild president Charlton Heston "
-"said, who were \"depriving actors of compensation.\"<placeholder "
-"type=\"footnote\" id=\"0\"/>"
+"These were <quote>free-ride[rs],</quote> Screen Actor's Guild president "
+"Charlton Heston said, who were <quote>depriving actors of "
+"compensation.</quote><placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3278
+#: freeculture.xml:3322
msgid ""
"But again, there was another side to the debate. As Assistant Attorney "
"General Edwin Zimmerman put it,"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary>
-#: freeculture.xml:3294 freeculture.xml:3296
+#: freeculture.xml:3338 freeculture.xml:3340
msgid "Zimmerman, Edwin"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:3292
+#: freeculture.xml:3336
msgid ""
"Copyright Law Revision—CATV, 216 (statement of Edwin M. Zimmerman, "
"acting assistant attorney general). <placeholder type=\"indexterm\" "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:3283
+#: freeculture.xml:3327
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3300
+#: freeculture.xml:3344
msgid ""
"Copyright owners took the cable companies to court. Twice the Supreme Court "
"held that the cable companies owed the copyright owners nothing."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3304
+#: freeculture.xml:3348
msgid ""
"It took Congress almost thirty years before it resolved the question of "
-"whether cable companies had to pay for the content they \"pirated.\" 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 created by broadcasters' content."
+"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 companies thus "
+"built their empire in part upon a <quote>piracy</quote> of the value created "
+"by broadcasters' content."
msgstr ""
#. f19
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3321
+#: freeculture.xml:3365
msgid ""
"See, for example, National Music Publisher's Association, <citetitle>The "
"Engine of Free Expression: Copyright on the Internet—The Myth of Free "
"Information</citetitle>, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #13</ulink>. \"The threat of "
+"url=\"http://free-culture.cc/notes/\">link #13</ulink>. <quote>The threat of "
"piracy—the use of someone else's creative work without permission or "
-"compensation—has grown with the Internet.\""
+"compensation—has grown with the Internet.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3316
+#: freeculture.xml:3360
msgid ""
-"These separate stories sing a common theme. If \"piracy\" means using value "
-"from someone else's creative property without permission from that "
-"creator—as it is increasingly described today<placeholder "
+"These separate stories sing a common theme. If <quote>piracy</quote> means "
+"using value from someone else's creative property without permission from "
+"
that creator—as it is increasingly described today<placeholder "
"type=\"footnote\" id=\"0\"/> — 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 "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:3338
-msgid "CHAPTER FIVE: \"Piracy\""
+#: freeculture.xml:3382
+msgid "CHAPTER FIVE: <quote>Piracy</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:3340
+#: freeculture.xml:3384
msgid ""
"There is piracy of copyrighted material. Lots of it. This piracy comes in "
"many forms. The most significant is commercial piracy, the unauthorized "
#. PAGE BREAK 76
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:3348
+#: freeculture.xml:3392
msgid ""
-"But as well as copy-shop piracy, there is another kind of \"taking\" 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. 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."
+"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 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:3358
+#: freeculture.xml:3402
msgid "Piracy I"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:3403 freeculture.xml:3482 freeculture.xml:3531 freeculture.xml:14526
+msgid "Asia, commercial piracy in"
+msgstr ""
+
#. f1
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3366
+#: freeculture.xml:3411
msgid ""
"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 Times</citetitle>, 14 February 2003, 11."
+"#14</ulink>. See also Ben Hunt, <quote>Companies Warned on Music Piracy "
+"Risk,</quote> <citetitle>Financial Times</citetitle>, 14 February 2003, 11."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3360
+#: freeculture.xml:3405
msgid ""
"All across the world, but especially in Asia and Eastern Europe, there are "
"businesses that do nothing but take others people's copyrighted content, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3376
+#: freeculture.xml:3421
msgid ""
"This is piracy plain and simple. Nothing in the argument of this book, nor "
"in the argument that most people make when talking about the subject of this "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3382
+#: freeculture.xml:3427
msgid ""
"Which is not to say that excuses and justifications couldn't be made for "
"it. We could, for example, remind ourselves that for the first one hundred "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3391
+#: freeculture.xml:3436
msgid ""
"That excuse isn't terribly strong. Technically, our law did not ban the "
"taking of foreign works. It explicitly limited itself to American "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3402
+#: freeculture.xml:3447
msgid ""
"True, these local rules have, in effect, been imposed upon these "
"countries. No country can be part of the world economy and choose <beginpage "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3430
+#: freeculture.xml:3475
msgid "agricultural patents"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3431 freeculture.xml:12382 freeculture.xml:12816 freeculture.xml:12823
+#: freeculture.xml:3476 freeculture.xml:12553 freeculture.xml:12997 freeculture.xml:13004
msgid "Drahos, Peter"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3415
+#: freeculture.xml:3460
msgid ""
"See Peter Drahos with John Braithwaite, Information Feudalism: "
"<citetitle>Who Owns the Knowledge Economy?</citetitle> (New York: The New "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3410
+#: freeculture.xml:3455
msgid ""
"If a country is to be treated as a sovereign, however, then its laws are its "
"laws regardless of their source. The international law under which these "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3451 freeculture.xml:3718 freeculture.xml:14468
+#: freeculture.xml:3497 freeculture.xml:3767 freeculture.xml:14670
msgid "Liebowitz, Stan"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3444
+#: freeculture.xml:3490
msgid ""
"For an analysis of the economic impact of copying technology, see Stan "
"Liebowitz, <citetitle>Rethinking the Network Economy</citetitle> (New York: "
-"Amacom, 2002), 144–90. \"In some instances … the impact of "
+"Amacom, 2002), 144–90. <quote>In some instances … 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 "
-"pirating were not an option.\" Ibid., 149. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"pirating were not an option.</quote> Ibid., 149. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3438
+#: freeculture.xml:3484
msgid ""
"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 to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3455
+#: freeculture.xml:3501
msgid ""
"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, \"You wouldn't go into Barnes "
-"& Noble and take a book off of the shelf without paying; why should it "
-"be any different with on-line music?\" The difference is, of course, that "
-"when you take a book from Barnes & 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."
+"taking. Extremists in this debate love to say, <quote>You wouldn't go into "
+"Barnes & 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 & 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."
msgstr ""
#. PAGE BREAK 78
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3468
+#: freeculture.xml:3514
msgid ""
"This argument is still very weak. However, although copyright is a property "
"right of a very special sort, it <emphasis>is</emphasis> a property "
"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 give people the right to \"take\" "
-"copyrighted content whether or not the copyright owner wants to sell. But "
-"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 permission of a property "
-"owner. That is exactly what \"property\" means."
+"of the copyright owner. Those licenses give people the right to "
+"<quote>take</quote> copyrighted content whether or not the copyright owner "
+"wants to sell. But 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 "
+"permission of a property owner. That is exactly what <quote>property</quote> "
+"means."
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3497 freeculture.xml:3525 freeculture.xml:11227 freeculture.xml:12697 freeculture.xml:13249
+#: freeculture.xml:3544 freeculture.xml:3572 freeculture.xml:11385 freeculture.xml:12878 freeculture.xml:13433
msgid "GNU/Linux operating system"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3498 freeculture.xml:3528 freeculture.xml:11229 freeculture.xml:12698 freeculture.xml:13250
+#: freeculture.xml:3545 freeculture.xml:3575 freeculture.xml:11387 freeculture.xml:12879 freeculture.xml:13434
msgid "Linux operating system"
msgstr ""
-#. type: Content of: <book><part><chapter><
section><para><indexterm><primary>
-#: freeculture.xml:3500
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:3547 freeculture.xml:5178
msgid "Microsoft"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><secondary>
-#: freeculture.xml:3501
+#: freeculture.xml:3548
msgid "Windows operating system of"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3503
+#: freeculture.xml:3550
msgid "Windows"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3486
+#: freeculture.xml:3533
msgid ""
"Finally, we could try to excuse this piracy with the argument that the "
-"piracy actually helps the copyright owner. When the Chinese \"steal\" "
-"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 grows more wealthy, "
-"more and more people will buy software rather than steal it. And hence over "
-"time, because that buying will benefit 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. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> "
-"<placeholder type=\"indexterm\" id=\"3\"/>"
+"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 grows more wealthy, more and more people will buy software rather "
+"than steal it. And hence over time, because that buying will benefit "
+"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. <placeholder type=\"indexterm\" "
+"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
+"
type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3506
+#: freeculture.xml:3553
msgid ""
"This argument, too, is somewhat true. The addiction strategy is a good "
"one. Many businesses practice it. Some thrive because of it. Law students, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3526
+#: freeculture.xml:3573
msgid "Internet Explorer"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3527
+#: freeculture.xml:3574
msgid "Netscape"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3514
+#: freeculture.xml:3561
msgid ""
"Still, the argument is not terribly persuasive. We don't give the alcoholic "
"a defense when he steals his first beer, merely because that will make it "
#. PAGE BREAK 79
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3532
+#: freeculture.xml:3579
msgid ""
"Thus, while I understand the pull of these justifications for piracy, and I "
"certainly see the motivation, in my view, in the end, these efforts at "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3542
+#: freeculture.xml:3589
msgid ""
"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 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."
+"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 <quote>piracy</quote> in that sense of the "
+"term."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3551
+#: freeculture.xml:3598
msgid ""
"This doesn't mean that there are no questions raised by the latest piracy "
"concern, peer-to-peer file sharing. But it does mean that we need to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3557
+#: freeculture.xml:3604
msgid ""
"For (1) like the original Hollywood, p2p sharing escapes an overly "
"controlling industry; and (2) like the original recording industry, it "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3563
+#: freeculture.xml:3610
msgid ""
"These differences distinguish p2p sharing from true piracy. They should push "
"us to find a way to protect artists while enabling this sharing to survive."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:3569
+#: freeculture.xml:3616
msgid "Piracy II"
msgstr ""
#. f4
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3574
+#: freeculture.xml:3621
msgid ""
"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 "
"Eng. Rep. 1274 (1777)."
#. PAGE BREAK 80
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3571
+#: freeculture.xml:3618
msgid ""
-"The key to the \"piracy\" that the law aims to quash is a use that \"rob[s] "
-"the author of [his] profit.\"<placeholder type=\"footnote\" id=\"0\"/> This "
-"means we must determine whether and how much p2p sharing harms before we "
-"know how strongly the law should seek to either prevent it or find an "
-"alternative to assure the author of his profit."
+"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><placeholder "
+"type=\"footnote\" id=\"0\"/> This means we must determine whether and how "
+"much p2p sharing harms before we know how strongly the law should seek to "
+"either prevent it or find an alternative to assure the author of his profit."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
+#: freeculture.xml:3629 freeculture.xml:3636
+msgid "innovation"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3597 freeculture.xml:8149
+#: freeculture.xml:3646 freeculture.xml:8255
msgid "Christensen, Clayton M."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3588
-msgid ""
-"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 that give rise to and dominate a product area are "
-"frequently unable to come up with the most creative, paradigm-shifting uses "
-"for their own products. This job usually falls to outside innovators, who "
-"reassemble existing technology in inventive ways. For a discussion of "
-"Christensen's ideas, see Lawrence Lessig, <citetitle>Future</citetitle>, "
-"89–92, 139. <placeholder type=\"indexterm\" id=\"0\"/>"
+#: freeculture.xml:3636
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> 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 that give rise to and "
+"dominate a product area are frequently unable to come up with the most "
+"creative, paradigm-shifting uses for their own products. This job usually "
+"falls to outside innovators, who reassemble existing technology in inventive "
+"ways. For a discussion of Christensen's ideas, see Lawrence Lessig, "
+"<citetitle>Future</citetitle>, 89–92, 139. <placeholder "
+"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:3600
+#: freeculture.xml:3649
msgid "Fanning, Shawn"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3583
+#: freeculture.xml:3631
msgid ""
"Peer-to-peer sharing was made famous by Napster. But the inventors of the "
"Napster technology had not made any major technological innovations. Like "
#. f6
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3608
-msgid ""
-"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) "
+#: freeculture.xml:3657
+msgid ""
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3603
+#: freeculture.xml:3652
msgid ""
"The result was spontaneous combustion. Launched in July 1999, Napster "
"amassed over 10 million users within nine months. After eighteen months, "
#. f7
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3630
+#: freeculture.xml:3679
msgid ""
"See Ipsos-Insight, <citetitle>TEMPO: Keeping Pace with Online Music "
"Distribution</citetitle> (September 2002), reporting that 28 percent of "
#. f8
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3639
+#: freeculture.xml:3688
msgid ""
-"Amy Harmon, \"Industry Offers a Carrot in Online Music Fight,\" "
+"Amy Harmon, <quote>Industry Offers a Carrot in Online Music Fight,</quote> "
"<citetitle>New York Times</citetitle>, 6 June 2003, A1."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3624
+#: freeculture.xml:3673
msgid ""
"According to a number of estimates, a huge proportion of Americans have "
"tasted file-sharing technology. A study by Ipsos-Insight in September 2002 "
"estimated that 43 million citizens used file-sharing networks to exchange "
"content in May 2003.<placeholder type=\"footnote\" id=\"1\"/> The vast "
"majority of these are not kids. Whatever the actual figure, a massive "
-"quantity of content is being \"taken\" 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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3648
+#: freeculture.xml:3697
msgid ""
"Some of this enjoying involves copyright infringement. Some of it does "
"not. And even among the part that is technically copyright infringement, "
#. PAGE BREAK 81
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3658
+#: freeculture.xml:3707
msgid ""
"File sharers share different kinds of content. We can divide these different "
"kinds into four types."
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:3664
+#: freeculture.xml:3713
msgid ""
"There are some who use sharing networks as substitutes for purchasing "
"content. Thus, when a new Madonna CD is released, rather than buying the CD, "
#. B.
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:3675
+#: freeculture.xml:3724
msgid ""
"There are some who use sharing networks to sample music before purchasing "
"it. Thus, a friend sends another friend an MP3 of an artist he's not heard "
#. C.
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:3686
+#: freeculture.xml:3735
msgid ""
"There are many who use sharing networks to get access to copyrighted content "
"that is no longer sold or that they would not have purchased because the "
"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 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 selling the content anymore, the economic harm is zero—the same "
-"harm that occurs when I sell my collection of 1960s 45-rpm records to a "
-"local collector."
+"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 selling the content anymore, the economic harm is "
+"zero—the same harm that occurs when I sell my collection of 1960s "
+"45-rpm records to a local collector."
msgstr ""
#. PAGE BREAK 82
#. D.
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:3703
+#: freeculture.xml:3752
msgid ""
"Finally, there are many who use sharing networks to get access to content "
"that is not copyrighted or that the copyright owner wants to give away."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3709
+#: freeculture.xml:3758
msgid "How do these different types of sharing balance out?"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3717
+#: freeculture.xml:3766
msgid ""
"See Liebowitz, <citetitle>Rethinking the Network Economy</citetitle>, "
"148–49. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3712
+#: freeculture.xml:3761
msgid ""
"Let's start with some simple but important points. From the perspective of "
"the law, only type D sharing is clearly legal. From the perspective of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3728
+#: freeculture.xml:3777
msgid ""
"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 industry complains that "
-"type A sharing is a kind of \"theft\" that is \"devastating\" the industry."
+"type A sharing is a kind of <quote>theft</quote> that is "
+"<quote>devastating</quote> the industry."
msgstr ""
#. f10
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3743
+#: freeculture.xml:3792
msgid ""
"See Cap Gemini Ernst & 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, 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 Assessment, <citetitle>Copyright and Home "
-"Copying: Technology Challenges the Law</citetitle>, OTA-CIT-422 (Washington, "
-"D.C.: U.S. Government Printing Office, October 1989), 145–56."
+"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 Assessment, "
+"<citetitle>Copyright and Home Copying: Technology Challenges the "
+"Law</citetitle>, OTA-CIT-422 (Washington, D.C.: U.S. Government Printing "
+"Office, October 1989), 145–56."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3736
+#: freeculture.xml:3785
msgid ""
"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 & Young put it, \"Rather "
-"than exploiting this new, popular technology, the labels fought "
-"it.\"<placeholder type=\"footnote\" id=\"0\"/> The labels claimed that every "
-"album taped was an album unsold, and 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."
+"good example. As a study by Cap Gemini Ernst & Young put it, "
+"<quote>Rather than exploiting this new, popular technology, the labels "
+"fought it.</quote><placeholder type=\"footnote\" id=\"0\"/> The labels "
+"claimed that every album taped was an album unsold, and 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."
msgstr ""
#. f11
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3769
+#: freeculture.xml:3818
msgid "U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3761
+#: freeculture.xml:3810
msgid ""
"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 not the fault "
-"of the tapers—who did not [stop after MTV came into being]—but "
-"had to a large extent resulted from stagnation in musical innovation at the "
-"major labels.\"<placeholder type=\"footnote\" id=\"0\"/>"
+"regulation, MTV was launched, and the industry had a record "
+"turnaround. <quote>In the end,</quote> Cap Gemini concludes, <quote>the "
+"`crisis' … was not the fault of the tapers—who did not [stop "
+"after MTV came into being]—but had to a large extent resulted from "
+"stagnation in musical innovation at the major labels.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3773
+#: freeculture.xml:3822
msgid ""
"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 the industry "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3783
+#: freeculture.xml:3832
msgid ""
"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 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 therefore have "
+"<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 therefore have "
"little <emphasis>static</emphasis> reason to resist them."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3794
+#: freeculture.xml:3843
msgid ""
"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 actually suggest "
#. f12
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3803
+#: freeculture.xml:3852
msgid ""
"See Recording Industry Association of America, <citetitle>2002 Yearend "
"Statistics</citetitle>, available at <ulink "
"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 have fallen by 26 "
-"percent from 1.16 billion units in to 860 million units in 2002 in the "
+"<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 shipments).\""
+"on U.S. dollar value of shipments).</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3830
+#: freeculture.xml:3879
msgid "Black, Jane"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3827
+#: freeculture.xml:3876
msgid ""
-"Jane Black, \"Big Music's Broken Record,\" BusinessWeek online, 13 February "
-"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#17</ulink>. <placeholder type=\"indexterm\" id=\"0\"/>"
+"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>. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3799
+#: freeculture.xml:3848
msgid ""
"In 2002, the RIAA reported that CD sales had fallen by 8.9 percent, from 882 "
"million to 803 million units; revenues fell 6.7 percent.<placeholder "
"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.\"<placeholder "
-"type=\"footnote\" id=\"1\"/> Competition from other forms of media could "
-"also account for some of the decline. As Jane Black of "
-"<citetitle>BusinessWeek</citetitle> notes, \"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 $19.99.\"<placeholder type=\"footnote\" "
-"id=\"2\"/>"
+"prices could 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><placeholder type=\"footnote\" id=\"1\"/> Competition from "
+"other forms of media could also account for some of 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 "
+"$19.99.</quote><placeholder type=\"footnote\" id=\"2\"/>"
msgstr ""
#. PAGE BREAK 84
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3845
+#: freeculture.xml:3894
msgid ""
"But let's assume the RIAA is right, and all of the decline in CD sales is "
"because of Internet sharing. Here's the rub: In the same period that the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3853
+#: freeculture.xml:3902
msgid ""
"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?\"—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—if every use of Kazaa \"rob[bed] the author of [his] "
-"profit\"—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 a huge difference between \"downloading a song and stealing a "
-"CD.\""
+"industry constantly asks, <quote>What's the difference between downloading a "
+"song and stealing a CD?</quote>—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—if every use of Kazaa <quote>rob[bed] the author of "
+"[his] profit</quote>—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 a huge difference between "
+"<quote>downloading a song and stealing a CD.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3868
+#: freeculture.xml:3917
msgid ""
"These are the harms—alleged and perhaps exaggerated but, let's assume, "
"real. What of the benefits? File sharing may impose costs on the recording "
#. f15
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3880
+#: freeculture.xml:3929
msgid ""
"By one estimate, 75 percent of the music released by the major labels is no "
"longer in print. See Online Entertainment and Copyright Law—Coming "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3874
+#: freeculture.xml:3923
msgid ""
"One benefit is type C sharing—making available content that is "
"technically still under copyright but is no longer commercially available. "
#. f16
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:3900
+#: freeculture.xml:3949
msgid ""
"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, "
"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 <ulink url=\"http://free-culture.cc/notes/\">link "
-"#20</ulink>."
+"National Association of Recording Merchandisers, <quote>2002 Annual Survey "
+"Results,</quote> available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #20</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3894
+#: freeculture.xml:3943
msgid ""
"In real space—long before the Internet—the market had a simple "
"response to this problem: used book and record stores. There are thousands "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:3920
+#: freeculture.xml:3969
msgid "Bernstein, Leonard"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3922
+#: freeculture.xml:3971
msgid ""
"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,\" 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 currently commercially available. The Internet is making it "
-"available, through cooperative sharing, without competing with the market."
+"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 currently commercially available. The Internet "
+"is making it available, through cooperative sharing, without competing with "
+"the market."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3935
+#: freeculture.xml:3984
msgid ""
"It may well be, all things considered, that it would be better if the "
"copyright owner got something from this trade. But just because it may well "
#. PAGE BREAK 86
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3943
+#: freeculture.xml:3992
msgid ""
"Finally, and perhaps most importantly, file-sharing networks enable type D "
"sharing to occur—the sharing of content that copyright owners want to "
"for example, released his first novel, <citetitle>Down and Out in the Magic "
"Kingdom</citetitle>, both free on-line and in bookstores on the same "
"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 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!)"
+"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!)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3960
+#: freeculture.xml:4009
msgid ""
"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 of type A "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3966
+#: freeculture.xml:4015
msgid ""
"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 efficiencies? What is the "
-"content that otherwise would be unavailable?\""
+"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 "
+"unavailable?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3973
+#: freeculture.xml:4022
msgid ""
"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 <xref xrefstyle=\"select: "
+"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, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3987
+#: freeculture.xml:4036
msgid ""
-"\"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>"
msgstr ""
#. f17
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4004
+#: freeculture.xml:4053
msgid ""
"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 MHP, available at "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:3991
+#: freeculture.xml:4040
msgid ""
"You would think. And we should hope. But so far, it is not. The effect of "
"the war purportedly on type A sharing alone has been felt far beyond that "
"itself. When Napster told the district court that it had developed a "
"technology to block the transfer of 99.4 percent of identified 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.
\"<placeholder type=\"footnote\" id=\"0\"/>"
+"good enough. Napster had to push the infringements <quote>down to "
+"zero.
</quote><placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4015
+#: freeculture.xml:4064
msgid ""
"If 99.4 percent is not good enough, then this is a war on file-sharing "
"technologies, not a war on copyright infringement. There is no way to assure "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4026
+#: freeculture.xml:4075
msgid ""
"Zero tolerance has not been our history. It has not produced the content "
"industry that we know today. The history of American law has been a process "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4035
+#: freeculture.xml:4088
msgid ""
-"So, as we've seen, when \"mechanical reproduction\" 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 complained to Congress that their "
-"\"creative property\" 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."
+"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 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4047
+#: freeculture.xml:4100
msgid ""
"Cable TV followed the pattern of record albums. When the courts rejected the "
"claim that cable broadcasters had to pay for the content they rebroadcast, "
#. PAGE BREAK 88
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4057
+#: freeculture.xml:4110
msgid ""
"This compromise, like the compromise affecting records and player pianos, "
"served two important goals—indeed, the two central goals of any "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:4072
+#: freeculture.xml:4125
msgid "Betamax"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4074
+#: freeculture.xml:4127
msgid ""
"In the same year that Congress struck this balance, two major producers and "
"distributors of film content filed a lawsuit against another technology, the "
"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 \"record\" 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."
+"device that Sony built had a <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."
msgstr ""
#. PAGE BREAK 89
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4087
+#: freeculture.xml:4140
msgid ""
"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 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 in the face of this obvious preference, "
-"Sony could have designed its system to minimize the opportunity for "
-"copyright infringement. It did not, and for that, Disney and Universal "
+"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 in the face of this obvious "
+"preference, Sony could have designed its 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."
msgstr ""
#. f18
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4109
+#: freeculture.xml:4162
msgid ""
"Copyright Infringements (Audio and Video Recorders): Hearing on S. 1758 "
"Before the Senate Committee on the Judiciary, 97th Cong., 1st and 2nd sess., "
#. f19
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4121
+#: freeculture.xml:4174
msgid "Copyright Infringements (Audio and Video Recorders), 475."
msgstr ""
#. f20
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4126
+#: freeculture.xml:4179
msgid ""
"<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony "
"Corp. of America</citetitle>, 480 F. Supp. 429, (C.D. Cal., 1979)."
#. f21
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4137
+#: freeculture.xml:4190
msgid ""
"Copyright Infringements (Audio and Video Recorders), 485 (testimony of Jack "
"Valenti)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4102
+#: freeculture.xml:4155
msgid ""
"MPAA president Jack Valenti became the studios' most vocal champion. Valenti "
-"called VCRs \"tapeworms.\" He warned, \"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 copyright.\"<placeholder type=\"footnote\" "
-"id=\"0\"/> \"One does not have to be trained in sophisticated marketing and "
-"creative judgment,\" he told Congress, \"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 and plain common "
-"sense.\"<placeholder type=\"footnote\" id=\"1\"/> Indeed, as surveys would "
-"later show, percent of VCR owners had movie libraries of ten videos or "
-"more<placeholder type=\"footnote\" id=\"2\"/> — a use the Court would "
-"later hold was not \"fair.\" By \"allowing VCR owners to copy freely by the "
+"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 copyright.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/> <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 and plain common sense.</quote><placeholder "
+"type=\"footnote\" id=\"1\"/> Indeed, as surveys would later show, percent of "
+"VCR owners had movie libraries of ten videos or more<placeholder "
+"type=\"footnote\" id=\"2\"/> — 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 infringementwithout creating a "
-"mechanism to compensate copyrightowners,\" Valenti testified, Congress would "
-"\"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 profit from its reproduction.\"<placeholder type=\"footnote\" "
-"id=\"3\"/>"
+"mechanism to compensate copyrightowners,</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 profit from its reproduction.</quote><placeholder "
+"type=\"footnote\" id=\"3\"/>"
msgstr ""
#. f22
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4154
+#: freeculture.xml:4207
msgid ""
"<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony "
"Corp. of America</citetitle>, 659 F. 2d 963 (9th Cir. 1981)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:4157
+#: freeculture.xml:4210
msgid "Kozinski, Alex"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4142
+#: freeculture.xml:4195
msgid ""
"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—leading Judge Alex Kozinski, who sits on that court, "
-"refers to it as the \"Hollywood Circuit\"—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—which Jack "
-"Valenti had called \"the Boston Strangler of the American film industry\" "
-"(worse yet, it was a <emphasis>Japanese</emphasis> Boston Strangler of the "
-"American film industry)—was an illegal technology.<placeholder "
-"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"refers to it as the <quote>Hollywood Circuit</quote>—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—which Jack Valenti had 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)—was an illegal technology.<placeholder type=\"footnote\" "
+"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. PAGE BREAK 90
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4160
+#: freeculture.xml:4213
msgid ""
"But the Supreme Court reversed the decision of the Ninth Circuit. And in "
"its reversal, the Court clearly articulated its understanding of when and "
#. f23
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:4179
+#: freeculture.xml:4232
msgid ""
"<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City "
"Studios, Inc</citetitle>., 464 U.S. 417, 431 (1984)."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:4169
+#: freeculture.xml:4222
msgid ""
"Sound policy, as well as history, supports our consistent deference to "
"Congress when major technological innovations alter the market for "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4184
+#: freeculture.xml:4237
msgid ""
"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 together, a pattern is "
-"clear:"
+"<quote>taking</quote> notwithstanding. If we put these cases together, a "
+"pattern is clear:"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:4195
+#: freeculture.xml:4248
msgid "CASE"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:4196
-msgid "WHOSE VALUE WAS \"PIRATED\""
+#: freeculture.xml:4249
+msgid "WHOSE VALUE WAS <quote>PIRATED</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:4197
+#: freeculture.xml:4250
msgid "RESPONSE OF THE COURTS"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:4198
+#: freeculture.xml:4251
msgid "RESPONSE OF CONGRESS"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4203
+#: freeculture.xml:4256
msgid "Recordings"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4204
+#: freeculture.xml:4257
msgid "Composers"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4205 freeculture.xml:4217 freeculture.xml:4223
+#: freeculture.xml:4258 freeculture.xml:4270 freeculture.xml:4276
msgid "No protection"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4206 freeculture.xml:4218
+#: freeculture.xml:4259 freeculture.xml:4271
msgid "Statutory license"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4210
+#: freeculture.xml:4263
msgid "Recording artists"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4211
+#: freeculture.xml:4264
msgid "N/A"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4212 freeculture.xml:4224
+#: freeculture.xml:4265 freeculture.xml:4277
msgid "Nothing"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4216
+#: freeculture.xml:4269
msgid "Broadcasters"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4221
+#: freeculture.xml:4274
msgid "VCR"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:4222
+#: freeculture.xml:4275
msgid "Film creators"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4234
+#: freeculture.xml:4287
msgid ""
"These are the most important instances in our history, but there are other "
"cases as well. The technology of digital audio tape (DAT), for example, was "
"<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,\" <citetitle>University of Chicago Law "
+"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): 293–96. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4231
+#: freeculture.xml:4284
msgid ""
"In each case throughout our history, a new technology changed the way "
"content was distributed.<placeholder type=\"footnote\" id=\"0\"/> In each "
-"case, throughout our history, that change meant that someone got a \"free "
-"ride\" on someone else's work."
+"case, throughout our history, that change meant that someone got a "
+"<quote>free ride</quote> on someone else's work."
msgstr ""
#. PAGE BREAK 91
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4251
+#: freeculture.xml:4305
msgid ""
"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 created. In every "
-"case, the copyright owners complained of \"piracy.\" In every case, Congress "
-"acted to recognize some of the legitimacy in the behavior of the "
-"\"pirates.\" In each case, Congress allowed some new technology to benefit "
-"from content made before. It balanced the interests at stake."
+"case, the copyright owners complained of <quote>piracy.</quote> In every "
+"case, Congress acted to recognize some of the legitimacy in 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4263
+#: freeculture.xml:4317
msgid ""
"When you think across these examples, and the other examples that make up "
"the first four chapters of this section, this balance makes sense. Was Walt "
#. f25
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4280
+#: freeculture.xml:4334
msgid ""
"<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City "
"Studios, Inc</citetitle>., 464 U.S. 417, (1984)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4275
+#: freeculture.xml:4329
msgid ""
"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.\"<placeholder type=\"footnote\" id=\"0\"/> Instead, the "
-"particular uses that the law regulates have been defined by balancing the "
-"good that comes from granting an exclusive right against the burdens such an "
-"exclusive right creates. And this balancing has historically been done "
-"<emphasis>after</emphasis> a technology has matured, or settled into the mix "
-"of technologies that facilitate the distribution of content."
+"<quote>has never accorded the copyright owner complete control over all "
+"possible uses of his work.</quote><placeholder type=\"footnote\" id=\"0\"/> "
+"Instead, the particular uses that the law regulates have been defined by "
+"balancing the good that comes from granting an exclusive right against the "
+"burdens such an exclusive right creates. And this balancing has historically "
+"been done <emphasis>after</emphasis> a technology has matured, or settled "
+"into the mix of technologies that facilitate the distribution of content."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4291
+#: freeculture.xml:4345
msgid ""
"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 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 income to artists while we allow "
-"the market to secure the most efficient way to promote and distribute "
+"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 income to artists while we "
+"allow the market to secure the most efficient way to promote and distribute "
"content. This will require changes in the law, at least in the "
"interim. These changes should be designed to balance the protection of the "
"law against the strong public interest that innovation continue."
#. f26
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:4315
+#: freeculture.xml:4369
msgid ""
-"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4307
+#: freeculture.xml:4361
msgid ""
"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 efficient. Yet these "
-"\"potential public benefits,\" as John Schwartz writes in <citetitle>The New "
-"York Times</citetitle>, \"could be delayed in the P2P fight.\"<placeholder "
-"type=\"footnote\" id=\"0\"/> 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 "
+"<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><placeholder type=\"footnote\" id=\"0\"/> Yet when anyone "
+"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?\""
+"good use for the car before we arrest him?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:4329
+#: freeculture.xml:4383
msgid ""
-"\"It is <emphasis>our property</emphasis>,\" the warriors insist. \"And it "
-"should be protected just as any other property is protected.\""
+"<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>"
msgstr ""
#. type: Content of: <book><part><title>
-#: freeculture.xml:4337
-msgid "\"PROPERTY\""
+#: freeculture.xml:4392
+msgid "<quote>PROPERTY</quote>"
msgstr ""
#. PAGE BREAK 94
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4342
+#: freeculture.xml:4397
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4349
-msgid ""
-"But in ordinary language, to call a copyright a \"property\" 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 picnic table you put in "
-"your backyard. I am taking a thing, the picnic table, and after I take it, "
-"you don't have it. But what am I taking when I take the good "
+#: freeculture.xml:4404
+msgid ""
+"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 picnic table you "
+"put in your backyard. I am taking a thing, the picnic table, and after I "
+"take it, you don't have it. But what am I taking when I take the good "
"<emphasis>idea</emphasis> you had to put a picnic table in the "
"backyard—by, for example, going to Sears, buying a table, and putting "
"it in my backyard? What is the thing I am taking then?"
#. f1
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:4374
+#: freeculture.xml:4429
msgid ""
"Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in "
"<citetitle>The Writings of Thomas Jefferson</citetitle>, vol. 6 (Andrew "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4361
+#: freeculture.xml:4416
msgid ""
"The point is not just about the thingness of picnic tables versus ideas, "
"though that's an important difference. The point instead is that in the "
"anything from you when I copy the way you dress—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 from me, "
+"copy the way someone else dresses), <quote>He who receives an idea from me, "
"receives instruction himself without lessening mine; as he who lights his "
-"taper at mine, receives light without darkening me.
\"<placeholder "
+"taper at mine, receives light without darkening me.
</quote><placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4380
+#: freeculture.xml:4435
msgid ""
"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 I won't discuss "
#. f2
#. type: Content of: <book><part><partintro><para><footnote><para>
-#: freeculture.xml:4393
+#: freeculture.xml:4448
msgid ""
"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,\" <citetitle>Arizona Law "
-"Review</citetitle> 45 (2003): 373, 429 n. 241."
+"which it is (metaphorically) attached is tangible. See Adam Mossoff, "
+"<quote>What Is Property? Putting the Pieces Back Together,</quote> "
+"<citetitle>Arizona Law Review</citetitle> 45 (2003): 373, 429 n. 241."
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4388
+#: freeculture.xml:4443
msgid ""
"But how, and to what extent, and in what form—the details, in other "
"words—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.<placeholder type=\"footnote\" id=\"0\"/>"
+"intangible into property emerged, we need to place this "
+"<quote>property</quote> in its proper context.<placeholder type=\"footnote\" "
+"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:4403
+#: freeculture.xml:4458
msgid ""
"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 from? What are its limits? "
-"How does it function in practice? After these stories, the significance of "
-"this true statement—\"copyright material is property\"— 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."
+"part. I offer four stories to help put the idea of <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 statement—<quote>copyright material is "
+"property</quote>— 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."
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:4416
+#: freeculture.xml:4471
msgid "CHAPTER SIX: Founders"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:4417
+#: freeculture.xml:4472
msgid "Henry V"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4473 freeculture.xml:4615
+msgid "Branagh, Kenneth"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4419
+#: freeculture.xml:4475
msgid ""
"William Shakespeare wrote <citetitle>Romeo and Juliet</citetitle> in "
"1595. The play was first published in 1597. It was the eleventh major play "
"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.\""
+"overheard someone commenting on Kenneth Branagh's adaptation of Henry V: "
+"<quote>I liked it, but Shakespeare is so full of clichés.</quote>"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:4490
+msgid "Jonson, Ben"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:4491
+msgid "Dryden, John"
msgstr ""
-#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4434
+#: freeculture.xml:4490
msgid ""
-"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 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): 424–31."
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> Jacob Tonson is typically remembered for his associations with "
+"prominent eighteenth-century literary figures, especially John Dryden, and "
+"for his 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 Jonson, John Milton, "
+"and John Dryden. See Keith Walker, <quote>Jacob Tonson, Bookseller,</quote> "
+"<citetitle>American Scholar</citetitle> 61:3 (1992): 424–31."
msgstr ""
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4445
+#: freeculture.xml:4503
msgid ""
"Lyman Ray Patterson, <citetitle>Copyright in Historical "
"Perspective</citetitle> (Nashville: Vanderbilt University Press, 1968), "
#. PAGE BREAK 97
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4430
+#: freeculture.xml:4486
msgid ""
"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 right of a single London publisher, Jacob Tonson.<placeholder "
-"type=\"footnote\" id=\"0\"/> Tonson was the most prominent of a small group "
-"of publishers called the Conger<placeholder type=\"footnote\" id=\"1\"/> who "
-"controlled bookselling in England during the eighteenth century. The Conger "
-"claimed a perpetual right to control the \"copy\" of books that they had "
-"acquired from authors. That perpetual right meant that no 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."
+"written, the <quote>copy-right</quote> for the work was still thought by "
+"many to be the exclusive right of a single London publisher, Jacob "
+"Tonson.<placeholder type=\"footnote\" id=\"0\"/> Tonson was the most "
+"prominent of a small group of publishers called the Conger<placeholder "
+"type=\"footnote\" id=\"1\"/> who controlled bookselling in England during "
+"the eighteenth 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 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."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4467
+#: freeculture.xml:4525
msgid ""
"As Siva Vaidhyanathan nicely argues, it is erroneous to call this a "
-"\"copyright law.\" See Vaidhyanathan, <citetitle>Copyrights and "
+"<quote>copyright law.</quote> See Vaidhyanathan, <citetitle>Copyrights and "
"Copywrongs</citetitle>, 40. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4458
+#: freeculture.xml:4516
msgid ""
"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 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.<placeholder "
+"<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.<placeholder "
"type=\"footnote\" id=\"0\"/> 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?"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4484
+#: freeculture.xml:4542
msgid "Licensing Act (1662)"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4475
+#: freeculture.xml:4533
msgid ""
-"The reason is that the English hadn't yet agreed on what a \"copyright\" "
-"was—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 books. <placeholder type=\"indexterm\" id=\"0\"/>"
+"The reason is that the English hadn't yet agreed on what a "
+"<quote>copyright</quote> was—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 <quote>Stationers,</quote> had an exclusive right to print books. "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4487
+#: freeculture.xml:4545
msgid ""
"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 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."
+"how people are to behave. We call the words 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."
msgstr ""
#. PAGE BREAK 98
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4499
+#: freeculture.xml:4557
msgid ""
-"This question was important to the publishers, or \"booksellers,\" 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 of the "
-"Conger, which reacted by demanding that Parliament pass a law to again give "
-"them exclusive control over publishing. That demand ultimately resulted in "
-"the Statute of Anne."
+"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 of the Conger, which reacted by demanding that "
+"Parliament pass a law to again give them exclusive control over "
+"publishing. That demand ultimately resulted in the Statute of Anne."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4511
+#: freeculture.xml:4569
msgid ""
-"The Statute of Anne granted the author or \"proprietor\" 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 copyright \"expired,\" and the "
-"work would then be free and could be published by anyone. Or so the "
-"legislature is thought to have believed."
+"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 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4520
+#: freeculture.xml:4578
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4526
+#: freeculture.xml:4584
msgid ""
"For the booksellers, and the authors whom they represented, had a very "
"strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: "
"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?"
+"there to allow someone else to <quote>steal</quote> Shakespeare's work?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4537
+#: freeculture.xml:4595
msgid ""
"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 Statute of "
-"Anne. Second, we have to see something important about \"booksellers.\""
+"the notion of <quote>copyright</quote> that existed at the time of the "
+"Statute of Anne. Second, we have to see something important about "
+"<quote>booksellers.</quote>"
msgstr ""
#. PAGE BREAK 99
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4543
+#: freeculture.xml:4601
msgid ""
"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 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 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 a work could be "
-"<emphasis>used</emphasis>. Today the right includes a 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."
+"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 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 a "
+"work could be <emphasis>used</emphasis>. Today the right includes a 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4558
+#: freeculture.xml:4617
msgid ""
"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 "
"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 allowed to make his films. The "
-"\"copy-right\" was only an exclusive right to print—no less, of "
-"course, but also no more."
+"<quote>copy-right</quote> was only an exclusive right to print—no "
+"less, of course, but also no more."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:4567
+#: freeculture.xml:4626
msgid "Henry VIII, King of England"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4627
+msgid "Statute of Monopolies (1656)"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4569
+#: freeculture.xml:4629
msgid ""
"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 "
+"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—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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4582
+#: freeculture.xml:4642
msgid ""
-"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."
+"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."
msgstr ""
#. f4
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4606
+#: freeculture.xml:4666
msgid ""
"Philip Wittenberg, <citetitle>The Protection and Marketing of Literary "
"Property</citetitle> (New York: J. Messner, Inc., 1937), 31."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4591
+#: freeculture.xml:4651
msgid ""
"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. "
"increasingly seen as monopolists of the worst kind—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 not therefore labour in an honest "
-"profession to which learning is indetted.\"<placeholder type=\"footnote\" "
-"id=\"0\"/>"
+"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 indetted.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4611
+#: freeculture.xml:4671
msgid ""
"Many believed the power the booksellers exercised over the spread of "
"knowledge was harming that spread, just at the time the Enlightenment was "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4619
+#: freeculture.xml:4679
msgid ""
"To balance this power, Parliament decided to increase competition among "
"booksellers, and the simplest way to do that was to spread the wealth of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4631
+#: freeculture.xml:4691
msgid ""
"When 1731 (1710 + 21) came along, however, the booksellers were getting "
"anxious. They saw the consequences of more competition, and like every "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4640
+#: freeculture.xml:4700
msgid ""
"Parliament rejected their requests. As one pamphleteer put it, in words that "
"echo today,"
#. f5
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:4655
+#: freeculture.xml:4715
msgid ""
"A Letter to a Member of Parliament concerning the Bill now depending in the "
"House of Commons, for making more effectual an Act in the Eighth Year of the "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:4645
+#: freeculture.xml:4705
msgid ""
"I see no Reason for granting a further Term now, which will not hold as well "
"for granting it again and again, as often as the Old ones Expire; so that "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4666
+#: freeculture.xml:4726
msgid ""
"Having failed in Parliament, the publishers turned to the courts in a series "
"of cases. Their argument was simple and direct: The Statute of 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 creative \"property\" 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 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."
+"already wrong to take another person's 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 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."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4687
+#: freeculture.xml:4747
msgid ""
-"Lyman Ray Patterson, \"Free Speech, Copyright, and Fair Use,\" "
+"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, 37–48. "
"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4681
+#: freeculture.xml:4741
msgid ""
"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 "
+"then, as law professor Raymond Patterson has put it, <quote>The publishers "
"… had as much concern for authors as a cattle rancher has for "
-"cattle.\"<placeholder type=\"footnote\" id=\"0\"/> The bookseller didn't "
-"care squat for the rights of the author. His concern was the monopoly "
-"profit that the author's work gave."
+"cattle.</quote><placeholder type=\"footnote\" id=\"0\"/> The bookseller "
+"didn't care squat for the rights of the author. His concern was the "
+"monopoly profit that the author's work gave."
msgstr ""
#. f7
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4700
+#: freeculture.xml:4760
msgid ""
"For a compelling account, see David Saunders, <citetitle>Authorship and "
"Copyright</citetitle> (London: Routledge, 1992), 62–69."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4696
+#: freeculture.xml:4756
msgid ""
"The booksellers' argument was not accepted without a fight. The hero of "
"this fight was a Scottish bookseller named Alexander Donaldson.<placeholder "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:4712 freeculture.xml:14559
+#: freeculture.xml:4772 freeculture.xml:14762
msgid "Rose, Mark"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4710
+#: freeculture.xml:4770
msgid ""
"Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard "
"University Press, 1993), 92. <placeholder type=\"indexterm\" id=\"0\"/>"
#. f9
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4721
+#: freeculture.xml:4781
msgid "Ibid., 93."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4723
+#: freeculture.xml:4783
msgid "Boswell, James"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4724
+#: freeculture.xml:4784
msgid "Erskine, Andrew"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4705
+#: freeculture.xml:4765
msgid ""
"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 under the "
-"Statute of Anne.<placeholder type=\"footnote\" id=\"0\"/> Donaldson's "
-"publishing house prospered and became \"something of a center for literary "
-"Scotsmen.\" \"[A]mong them,\" Professor Mark Rose writes, was \"the young "
-"James Boswell who, together with his friend Andrew Erskine, published an "
-"anthology of contemporary Scottish poems with Donaldson.\"<placeholder "
-"type=\"footnote\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> "
-"<placeholder type=\"indexterm\" id=\"3\"/>"
+"Edinburgh in 1750. The focus of his business was inexpensive reprints "
+"<quote>of standard works whose copyright term had expired,</quote> at least "
+"under the Statute of Anne.<placeholder type=\"footnote\" id=\"0\"/> "
+"Donaldson's publishing house prospered 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 of contemporary Scottish poems "
+"with Donaldson.</quote><placeholder type=\"footnote\" id=\"1\"/> "
+"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" "
+"id=\"3\"/>"
msgstr ""
#. f10
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4733
+#: freeculture.xml:4793
msgid ""
"Lyman Ray Patterson, <citetitle>Copyright in Historical "
"Perspective</citetitle>, 167 (quoting Borwell)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4727
+#: freeculture.xml:4787
msgid ""
"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 of the supposed "
-"common law right of Literary Property.\"<placeholder type=\"footnote\" "
-"id=\"0\"/> 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."
+"editions <quote>of the most popular English books, in defiance of the "
+"supposed common law right of Literary Property.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/> 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4741
+#: freeculture.xml:4801
msgid ""
-"The London booksellers quickly brought suit to block \"piracy\" like "
-"Donaldson's. A number of actions were successful against the \"pirates,\" "
-"the most important early victory being <citetitle>Millar</citetitle> "
-"v. <citetitle>Taylor</citetitle>."
+"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>."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4805
+msgid "Taylor, Robert"
msgstr ""
#. f11
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4753
+#: freeculture.xml:4814
msgid ""
-"Howard B. Abrams, \"The Historic Foundation of American Copyright Law: "
-"Exploding the Myth of Common Law Copyright,\" <citetitle>Wayne Law "
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4746
+#: freeculture.xml:4807
msgid ""
"Millar was a bookseller who in 1729 had purchased the rights to James "
-"Thomson's poem \"The Seasons.\" 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.<placeholder type=\"footnote\" id=\"0\"/>"
+"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.<placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4762
+#: freeculture.xml:4823
msgid ""
"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.\" 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."
+"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."
msgstr ""
#. PAGE BREAK 103
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4773
+#: freeculture.xml:4834
msgid ""
"Considered as a matter of abstract justice—reasoning as if justice "
"were just a matter of logical deduction from first "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4788
+#: freeculture.xml:4849
msgid ""
"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."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:4791
+#: freeculture.xml:4852
msgid "Beckett, Thomas"
msgstr ""
#. f12
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4797
+#: freeculture.xml:4858
msgid "Ibid., 1156."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4793
+#: freeculture.xml:4854
msgid ""
"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 Thomas "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4807
+#: freeculture.xml:4868
msgid ""
"As few legal cases ever do, <citetitle>Donaldson</citetitle> "
"v. <citetitle>Beckett</citetitle> drew an enormous amount of attention "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4817
+#: freeculture.xml:4878
msgid ""
"The House of Lords was an odd institution. Legal questions were presented to "
-"the House and voted upon first by the \"law lords,\" 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."
+"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."
msgstr ""
#. PAGE BREAK 104
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4824
+#: freeculture.xml:4885
msgid ""
"The reports about the law lords' votes are mixed. On some counts, it looks "
"as if perpetual copyright prevailed. But there is no ambiguity about how the "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4842
+#: freeculture.xml:4903
msgid "Bacon, Francis"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4843
+#: freeculture.xml:4904
msgid "Bunyan, John"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4844
+#: freeculture.xml:4905
msgid "Johnson, Samuel"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4845
+#: freeculture.xml:4906
msgid "Milton, John"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4846
+#: freeculture.xml:4907
msgid "Shakespeare, William"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4834
+#: freeculture.xml:4895
msgid ""
-"\"The public domain.\" 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 born. For the "
-"first time in Anglo-American history, the legal control over creative works "
-"expired, and the greatest works in English history—including those of "
-"Shakespeare, Bacon, Milton, Johnson, and Bunyan—were free of legal "
-"restraint. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> "
-"<placeholder type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" "
-"id=\"4\"/>"
+"<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 born. For the first time in Anglo-American history, the "
+"legal control over creative works expired, and the greatest works in English "
+"history—including those of Shakespeare, Bacon, Milton, Johnson, and "
+"Bunyan—were free of legal restraint. <placeholder type=\"indexterm\" "
+"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
+"type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/> "
+"<placeholder type=\"indexterm\" id=\"4\"/>"
msgstr ""
#. f13
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:4859
+#: freeculture.xml:4920
msgid "Rose, 97."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4849
+#: freeculture.xml:4910
msgid ""
"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 celebrated the decision "
-"in the streets. As the <citetitle>Edinburgh Advertiser</citetitle> reported, "
-"\"No private cause has so much engrossed the attention of the public, and "
-"none has been tried before the House of Lords in the decision of which so "
-"many individuals were interested.\" \"Great rejoicing in Edinburgh upon "
-"victory over literary property: bonfires and illuminations.\"<placeholder "
+"of the <quote>pirate publishers</quote> did their work, people celebrated "
+"the decision in the streets. As the <citetitle>Edinburgh "
+"Advertiser</citetitle> 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 decision of which so many individuals were "
+"interested.</quote> <quote>Great rejoicing in Edinburgh upon victory over "
+"literary property: bonfires and illuminations.</quote><placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4863
+#: freeculture.xml:4924
msgid ""
"In London, however, at least among publishers, the reaction was equally "
"strong in the opposite direction. The <citetitle>Morning "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:4869
+#: freeculture.xml:4930
msgid ""
"By the above decision … near 200,000 pounds worth of what was "
"honestly purchased at public sale, and which was yesterday thought property "
#. PAGE BREAK 105
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4884
+#: freeculture.xml:4945
msgid ""
-"\"Ruined\" 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 <emphasis>free</emphasis>. "
-"Not in the sense that copyrights would not be respected, for of course, for "
-"a limited time after a work was published, the bookseller had an exclusive "
-"right to control the publication of that book. And not in the sense that "
-"books could be stolen, for even after a copyright expired, you still had to "
-"buy the book from someone. But <emphasis>free</emphasis> in the sense that "
-"the culture and its growth would no longer be controlled by a small group of "
-"publishers. As every free market does, this free market of free culture "
-"would grow as the consumers and producers chose. English culture would "
-"develop as the many English readers chose to let it develop— chose in "
-"the books they bought and wrote; chose in the memes they repeated and "
-"endorsed. Chose in a <emphasis>competitive 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."
-msgstr ""
-
-#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4905
+"<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 "
+"<emphasis>free</emphasis>. Not in the sense that copyrights would not be "
+"respected, for of course, for a limited time after a work was published, the "
+"bookseller had an exclusive right to control the publication of that "
+"book. And not in the sense that books could be stolen, for even after a "
+"copyright expired, you still had to buy the book from someone. But "
+"<emphasis>free</emphasis> in the sense that the culture and its growth would "
+"no longer be controlled by a small group of publishers. As every free market "
+"does, this free market of free culture would grow as the consumers and "
+"producers chose. English culture would develop as the many English readers "
+"chose to let it develop— chose in the books they bought and wrote; "
+"chose in the memes they repeated and endorsed. Chose in a "
+"<emphasis>competitive 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."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:4966
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:4913
+#: freeculture.xml:4974
msgid "CHAPTER SEVEN: Recorders"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4915
+#: freeculture.xml:4976
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4922
+#: freeculture.xml:4983
msgid ""
"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."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4933 freeculture.xml:5002
+#: freeculture.xml:4994 freeculture.xml:5063
msgid "San Francisco Opera"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4927
+#: freeculture.xml:4988
msgid ""
"In 1990, Else was working on a documentary about Wagner's Ring Cycle. The "
"focus was stagehands at the San Francisco Opera. Stagehands are a "
#. PAGE BREAK 107
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4936
+#: freeculture.xml:4997
msgid ""
"During one of the performances, Else was shooting some stagehands playing "
"checkers. In one corner of the room was a television set. Playing on the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4945
+#: freeculture.xml:5006
msgid ""
"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."
+"copyright owner, unless <quote>fair use</quote> or some other privilege "
+"applies."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:4957 freeculture.xml:4965
+#: freeculture.xml:5018 freeculture.xml:5026
msgid "Gracie Films"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4952
+#: freeculture.xml:5013
msgid ""
"Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office "
"to get permission. Groening approved the shot. The shot was a "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4960
+#: freeculture.xml:5021
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4968
+#: freeculture.xml:5029
msgid ""
-"Then, as Else told me, \"two things happened. First we discovered … "
-"that Matt Groening doesn't own his own creation—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 "
+"… that Matt Groening doesn't own his own creation—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 … entirely unsolicited "
+"<citetitle>Simpsons</citetitle> which was in the corner of the shot.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4976
+#: freeculture.xml:5037
msgid ""
"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 rate, Herrera told "
-"Else. A day or so later, Else called again to confirm what he had been told."
+"to her, <quote>There must be some mistake here. … 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."
msgstr ""
#. PAGE BREAK 108
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4984
+#: freeculture.xml:5045
msgid ""
-"\"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 clip "
-"of <citetitle>The Simpsons</citetitle> in the corner of a shot in a "
-"documentary film about 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.\""
+"<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 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>"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5003
+#: freeculture.xml:5064
msgid "Day After Trinity, The"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:4996
+#: freeculture.xml:5057
msgid ""
"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 this "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5006
+#: freeculture.xml:5067
msgid ""
"There's no doubt that someone, whether Matt Groening or Fox, owns the "
"copyright to <citetitle>The Simpsons</citetitle>. That copyright is their "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5017
+#: freeculture.xml:5078
msgid ""
-"For example, \"public performance\" is a use of <citetitle>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 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 owner. And the copyright owner "
+"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—$10 or "
"$1,000,000. That's her right, as set by the law."
msgstr ""
#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5029
+#: freeculture.xml:5090
msgid ""
-"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 Law School, 5 August 2003."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5026
+#: freeculture.xml:5087
msgid ""
"But when lawyers hear this story about Jon Else and Fox, their first thought "
-"is \"fair use.\"<placeholder type=\"footnote\" id=\"0\"/> 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>—and fair "
-"use does not require the permission of anyone."
+"is <quote>fair use.</quote><placeholder type=\"footnote\" id=\"0\"/> 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>—and fair use does not require the "
+"permission of anyone."
msgstr ""
#. PAGE BREAK 109
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5041
-msgid "So I asked Else why he didn't just rely upon \"fair use.\" Here's his reply:"
+#: freeculture.xml:5102
+msgid ""
+"So I asked Else why he didn't just rely upon <quote>fair use.</quote> Here's "
+"his reply:"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5045
+#: freeculture.xml:5106
msgid ""
"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 concept in "
-"any concrete way. Here's why:"
+"and 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:"
msgstr ""
#. 1.
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:5055
+#: freeculture.xml:5116
msgid ""
"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."
+"and Omissions insurance. The carriers require a detailed <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."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary>
+#: freeculture.xml:5123
+msgid "<citetitle>Star Wars</citetitle>"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para><indexterm><primary>
-#: freeculture.xml:5072
+#: freeculture.xml:5135
msgid "Lucas, George"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:5063
+#: freeculture.xml:5126
msgid ""
"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 tracking down and "
#. 3.
#. PAGE BREAK 110
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:5076
+#: freeculture.xml:5139
msgid ""
"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 would boil down to who had "
-"the bigger legal department and the deeper pockets, me or them."
+"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."
msgstr ""
#. 4.
#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para>
-#: freeculture.xml:5086
+#: freeculture.xml:5149
msgid ""
"The question of fair use usually comes up at the end of the project, when we "
"are up against a release deadline and out of money."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5093
+#: freeculture.xml:5156
msgid ""
"In theory, fair use means you need no permission. The theory therefore "
"supports free culture and insulates against a permission culture. But in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5101
+#: freeculture.xml:5164
msgid ""
"This practice shows just how far the law has come from its "
"eighteenth-century roots. The law was born as a shield to protect "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:5110
+#: freeculture.xml:5173
msgid "CHAPTER EIGHT: Transformers"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5111
+#: freeculture.xml:5174
msgid "Allen, Paul"
msgstr ""
-#. type: Content of: <book><
part><chapter><section><indexterm><primary>
-#: freeculture.xml:5112 freeculture.xml:5120 freeculture.xml:5131 freeculture.xml:5146 freeculture.xml:5155 freeculture.xml:5160 freeculture.xml:5212 freeculture.xml:5228 freeculture.xml:5251 freeculture.xml:5314 freeculture.xml:9730
+#. type: Content of: <book><
chapter><section><section><indexterm><primary>
+#: freeculture.xml:5176 freeculture.xml:5241 freeculture.xml:5425 freeculture.xml:9864 freeculture.xml:14141
msgid "Alben, Alex"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5114
+#: freeculture.xml:5180
msgid ""
"In 1993, Alex Alben was a lawyer working at Starwave, Inc. Starwave was an "
"innovative company founded by Microsoft cofounder Paul Allen to develop "
"anticipation of the power of networks."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:5188
+msgid "retrospective compilations on"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5122
+#: freeculture.xml:5191
msgid ""
"Alben had a special interest in new technology. He was intrigued by the "
"emerging market for CD-ROM technology—not to distribute film, but to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5133
+#: freeculture.xml:5201
msgid ""
"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, asking him "
#. PAGE BREAK 112
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5140
+#: freeculture.xml:5208
msgid ""
"That alone would not have made a very interesting product, so Starwave "
"wanted to add content from the movies in Eastwood's career: posters, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5148
+#: freeculture.xml:5215
msgid ""
-"Then Alben and his team decided to include actual film clips. \"Our 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 one had ever tried to do this in "
-"the context of an artistic look at an actor's career.\""
+"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 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 actor's "
+"career.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5157
+#: freeculture.xml:5223
msgid ""
"Alben brought the idea to Michael Slade, the CEO of Starwave. Slade asked, "
-"\"Well, what will it take?\""
-msgstr ""
-
-#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:5173
-msgid "artists"
+"<quote>Well, what will it take?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><secondary>
-#: freeculture.xml:5174
+#: freeculture.xml:5239
msgid "publicity rights on images of"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5168
+#: freeculture.xml:5233
msgid ""
"Technically, the rights that Alben had to clear were mainly those of "
"publicity—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. <placeholder type=\"indexterm\" id=\"0\"/>"
+"of his image. But these rights, too, burden <quote>Rip, Mix, Burn</quote> "
+"creativity, as this chapter evinces. <placeholder type=\"indexterm\" "
+"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5162
+#: freeculture.xml:5227
msgid ""
-"Alben replied, \"Well, we're going to have to clear rights from 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.\"<placeholder "
-"type=\"footnote\" id=\"0\"/>"
+"Alben replied, <quote>Well, we're going to have to clear rights from "
+"everyone who appears in these films, and the music and everything else that "
+"we want to use in these film clips.</quote> Slade said, <quote>Great! Go for "
+"it.</quote><placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5179
+#: freeculture.xml:5245
msgid ""
"The problem was that neither Alben nor Slade had any idea what clearing "
"those rights would mean. Every actor in each of the films could have a claim "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5186
+#: freeculture.xml:5252
msgid ""
"I asked Alben how he dealt with the problem. With an obvious pride in his "
"resourcefulness that obscured the obvious bizarreness of his tale, Alben "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5192
+#: freeculture.xml:5258
msgid ""
"So we very mechanically went about looking up the film clips. We made some "
"artistic decisions about what film clips to include—of course we were "
-"going to use the \"Make my day\" clip from <citetitle>Dirty "
+"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."
#. PAGE BREAK 113
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5201
+#: freeculture.xml:5267
msgid ""
"We decided that it would be fair if we offered them the dayplayer rate for "
"the right to reuse that performance. We're talking about a clip of less than "
"just started calling people."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5278
+msgid "Sutherland, Donald"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5214
+#: freeculture.xml:5280
msgid ""
"Some actors were glad to help—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 ex-wives, in particular). But eventually, "
-"Alben and his team had cleared the rights to this retrospective CD-ROM on "
-"Clint Eastwood's career."
+"dumbfounded at their good fortune. Alben would ask, <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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5225
+#: freeculture.xml:5291
msgid ""
-"It was one <emphasis>year</emphasis> later—\"and even then we weren't "
-"sure whether we were totally in the clear.\""
+"It was one <emphasis>year</emphasis> later—<quote>and even then we "
+"weren't sure whether we were totally in the clear.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5230
+#: freeculture.xml:5295
msgid ""
"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 project for "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5236
+#: freeculture.xml:5301
msgid ""
"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 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 systematically and cleared the "
-"rights."
+"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 "
+"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, … this many musicians,</quote> and we just went at it very "
+"systematically and cleared the rights."
msgstr ""
#. PAGE BREAK 114
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5248
+#: freeculture.xml:5313
msgid ""
"And no doubt, the product itself was exceptionally good. Eastwood loved it, "
"and it sold very well."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5252
+#: freeculture.xml:5316
msgid "Drucker, Peter"
msgstr ""
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5260
+#: freeculture.xml:5324
msgid ""
"U.S. Department of Commerce Office of Acquisition Management, "
"<citetitle>Seven Steps to Performance-Based Services "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5254
+#: freeculture.xml:5318
msgid ""
"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 nothing "
-"so useless as doing efficiently that which should not be done at "
-"all.\"<placeholder type=\"footnote\" id=\"0\"/> Did it make sense, I asked "
-"Alben, that this is the way a new work has to be made?"
+"efficiently, but as Peter Drucker has famously quipped, <quote>There is "
+"nothing so useless as doing efficiently that which should not be done at "
+"all.</quote><placeholder type=\"footnote\" id=\"0\"/> Did it make sense, I "
+"asked Alben, that this is the way a new work has to be made?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5268
+#: freeculture.xml:5332
msgid ""
-"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 "
-"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?"
+"For, as he acknowledged, <quote>very few … 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?"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5276
+#: freeculture.xml:5340
msgid ""
"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 that performance "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5284
+#: freeculture.xml:5348
msgid ""
"Or at least, is this <emphasis>how</emphasis> the artist should be "
"compensated? Would it make sense, I asked, for there to be some kind of "
#. PAGE BREAK 115
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5295
+#: freeculture.xml:5359
msgid ""
"Absolutely. I think that if there were some fair-licensing "
"mechanism—where you weren't subject to hold-ups and you weren't "
"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 everything else that you need to produce it. But if you say, \"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 money,\" "
-"then it becomes difficult to put one of these things together."
+"and 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 "
+"money,</quote> then it becomes difficult to put one of these things "
+"together."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5316
+#: freeculture.xml:5379
msgid ""
"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? 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 how much it's going to cost to negotiate "
-"them. (Remember the idea that land runs to the heavens, and imagine the "
-"pilot purchasing flythrough 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, \"Does this still make sense?\""
+"because the costs of clearing the rights are so high?"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:5387
+msgid ""
+"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 how much it's going to cost "
+"to negotiate them. (Remember the idea that land runs to the heavens, and "
+"imagine the pilot purchasing flythrough 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, <quote>Does this still make sense?</quote>"
msgstr ""
#. PAGE BREAK 116
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5333
+#: freeculture.xml:5400
msgid ""
"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. "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5343
+#: freeculture.xml:5410
msgid ""
"The video was a brilliant collage of film from every period in the twentieth "
"century, all framed around the idea of a <citetitle>60 Minutes</citetitle> "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5348
+#: freeculture.xml:5415
msgid "Nimmer, David"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5350
+#: freeculture.xml:5417
msgid ""
"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 began his talk with a "
-"question: \"Do you know how many federal laws were just violated in this "
-"room?\""
+"question: <quote>Do you know how many federal laws were just violated in "
+"this room?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5357
+#: freeculture.xml:5424
msgid "Boies, David"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5359
+#: freeculture.xml:5427
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5374
+#: freeculture.xml:5442
msgid ""
-"We live in a \"cut and paste\" culture enabled by technology. Anyone "
-"building a presentation knows the extraordinary freedom that the cut and "
-"paste architecture of the Internet created—in a second you can find "
-"just about any image you want; in another second, you can have it planted in "
-"your presentation."
+"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—in a "
+"second you can find just about any image you want; in another second, you "
+"can have it planted in your presentation."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5390
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5448
msgid "Camp Chaos"
msgstr ""
+#. PAGE BREAK 117
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5381
+#: freeculture.xml:5450
msgid ""
"But presentations are just a tiny beginning. Using the Internet and its "
"archives, musicians are able to string together mixes of sound never before "
"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. <placeholder type=\"indexterm\" id=\"0\"/>"
+"and music."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5393
+#: freeculture.xml:5461
msgid ""
"All of these creations are technically illegal. Even if the creators wanted "
-"to be \"legal,\" the cost of complying with the law is impossibly "
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5400
+#: freeculture.xml:5468
msgid ""
"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.\" 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 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 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."
+"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 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 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5415
+#: freeculture.xml:5483
msgid ""
"Who could possibly object to this? And what reason would there be for "
"objecting? We're talking about work that is not now being made; which if "
#. PAGE BREAK 118
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5421
+#: freeculture.xml:5489
msgid ""
"In February 2003, DreamWorks studios announced an agreement with Mike Myers, "
"the comic genius of <citetitle>Saturday Night Live</citetitle> and 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 picture hits and "
-"classics, write new storylines and—with the use of stateof-the-art "
-"digital technology—insert Myers and other actors into the film, "
-"thereby creating an entirely new piece of entertainment.\""
+"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—with the use of "
+"stateof-the-art digital technology—insert Myers and other actors into "
+"the film, thereby creating an entirely new piece of entertainment.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5433
+#: freeculture.xml:5501
msgid ""
-"The announcement called this \"film sampling.\" As Myers explained, \"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 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.\""
+"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 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>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5442
+#: freeculture.xml:5510
msgid ""
"Spielberg is right. Film sampling by Myers will be brilliant. But if you "
"don't think about it, you might miss the truly astonishing point about this "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5452
+#: freeculture.xml:5520
msgid ""
"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 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. These costs "
-"mirror the costs with fair use: You either pay a lawyer to defend your fair "
-"use rights or pay a lawyer to track down permissions so you don't have to "
-"rely upon fair use rights. Either way, the creative process is a process of "
-"paying lawyers—again a privilege, or perhaps a curse, reserved for the "
-"few."
+"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. These costs mirror the costs with fair "
+"use: You either pay a lawyer to defend your fair use rights or pay a lawyer "
+"to track down permissions so you don't have to rely upon fair use "
+"rights. Either way, the creative process is a process of paying "
+"lawyers—again a privilege, or perhaps a curse, reserved for the few."
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:5467
+#: freeculture.xml:5535
msgid "CHAPTER NINE: Collectors"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5537 freeculture.xml:8662 freeculture.xml:10882 freeculture.xml:11132
+msgid "archives, digital"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5469
+#: freeculture.xml:5540
msgid ""
-"In April 1996, millions of \"bots\"—computer codes designed to "
-"\"spider,\" or automatically search the Internet and copy "
+"In April 1996, millions of <quote>bots</quote>—computer codes designed "
+"to <quote>spider,</quote> or automatically search the Internet and copy "
"content—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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5478
+#: freeculture.xml:5549
msgid ""
"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 enter a Web page, and "
-"see all of its copies going back to 1996, as well as when those pages "
-"changed."
+"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."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5557
+msgid "Orwell, George"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5486
+#: freeculture.xml:5560
msgid ""
"This is the thing about the Internet that Orwell would have appreciated. In "
"the dystopia described in <citetitle>1984</citetitle>, old newspapers were "
#. PAGE BREAK 120
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5494
+#: freeculture.xml:5568
msgid ""
"Thousands of workers constantly reedited the past, meaning there was no way "
"ever to know whether the story you were reading today was the story that was "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5499
+#: freeculture.xml:5573
msgid ""
"It's the same with the Internet. If you go to a Web page today, there's no "
"way for you to know whether the content you are reading is the same as the "
"updated, without any reliable memory."
msgstr ""
-#. f1
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:5588
+msgid "White House press releases"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5512
+#: freeculture.xml:5587
msgid ""
-"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."
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> 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, <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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5506
+#: freeculture.xml:5581
msgid ""
"Until the Way Back Machine, at least. With the Way Back Machine, and the "
"Internet Archive underlying it, you can see what the Internet was. You have "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5520
+#: freeculture.xml:5597
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5531
+#: freeculture.xml:5608
msgid ""
"It is said that those who fail to remember history are doomed to repeat "
"it. That's not quite correct. We <emphasis>all</emphasis> forget "
#. PAGE BREAK 121
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5540
+#: freeculture.xml:5617
msgid ""
"The Internet was an exception to this presumption. Until the Internet "
"Archive, there was no way to go back. The Internet was the quintessentially "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5551
+#: freeculture.xml:5628
msgid ""
"Brewster Kahle is the founder of the Internet Archive. He was a very "
"successful Internet entrepreneur after he was a successful computer "
"was growing at about a billion pages a month."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5637
+msgid "Vanderbilt University"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5561
+#: freeculture.xml:5639
msgid ""
"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\"—and was \"ten times larger than the Library of Congress.\" "
-"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 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—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 Barbara Walters you could get access to [the archives], but if you "
-"are just a graduate student?\" As Kahle put it,"
+"history. At the end of 2002, it held <quote>two hundred and thirty terabytes "
+"of material</quote>—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 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—thanks to a specific exemption in the "
+"copyright law. That content is indexed, and 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 just a graduate "
+"student?</quote> As Kahle put it,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><indexterm><primary>
-#: freeculture.xml:5578
+#: freeculture.xml:5656
msgid "Quayle, Dan"
msgstr ""
#. PAGE BREAK 122
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5580
+#: freeculture.xml:5658
msgid ""
"Do you remember when Dan Quayle was interacting with Murphy Brown? Remember "
"that back and forth surreal experience of a politician interacting with a "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5592
+#: freeculture.xml:5670
msgid ""
"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 recorded "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5600
+#: freeculture.xml:5678
msgid ""
"In part, this is because of the law. Early in American copyright law, "
"copyright owners were required to deposit copies of their work in "
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5617
+#: freeculture.xml:5695
msgid ""
-"Doug Herrick, \"Toward a National Film Collection: Motion Pictures at the "
-"Library of Congress,\" <citetitle>Film Library Quarterly</citetitle> 13 "
-"nos. 2–3 (1980): 5; Anthony Slide, <citetitle>Nitrate Won't Wait: A "
-"History of Film Preservation in the United States</citetitle> ( Jefferson, "
-"N.C.: McFarland & Co., 1992), 36."
+"Doug Herrick, <quote>Toward a National Film Collection: Motion Pictures at "
+"the Library of Congress,</quote> <citetitle>Film Library "
+"Quarterly</citetitle> 13 nos. 2–3 (1980): 5; Anthony Slide, "
+"<citetitle>Nitrate Won't Wait: A History of Film Preservation in the United "
+"States</citetitle> ( Jefferson, N.C.: McFarland & Co., 1992), 36."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5608
+#: freeculture.xml:5686
msgid ""
"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—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 held by any library. The copy "
-"exists—if it exists at all—in the library archive of the film "
-"company.<placeholder type=\"footnote\" id=\"0\"/>"
+"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—if it exists at all—in the library archive of the "
+"
film company.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5625
+#: freeculture.xml:5703
msgid ""
"The same is generally true about television. Television broadcasts were "
"originally not copyrighted—there was no way to capture the broadcasts, "
-"so there was no fear of \"theft.\" 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 \"copyrighted.\" 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."
+"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 "
+"<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."
msgstr ""
#. PAGE BREAK 123
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5636
+#: freeculture.xml:5714
msgid ""
"Kahle was eager to correct this. Before September 11, 2001, he and his "
"allies had started capturing television. They selected twenty stations from "
"from around the world covered the events of that day."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:5663
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5724
msgid "Movie Archive"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:5726
+msgid "archive.org"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><seealso>
+#: freeculture.xml:5727
+msgid "Internet Archive"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5647
+#: freeculture.xml:5730
msgid ""
"Kahle had the same idea with film. Working with Rick Prelinger, whose "
-"archive of film includes close to 45,000 \"ephemeral films\" (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 downloaded for "
-"free. Prelinger's is a for-profit company. It sells copies of these films as "
-"stock footage. What he has discovered is that after he made a significant "
-"chunk available for free, his stock footage sales went up "
+"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 downloaded for free. Prelinger's is a for-profit company. It sells copies "
+"of these films as stock footage. What he has discovered is that after he "
+"made a significant chunk available for free, his stock 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 part of our culture. Want to see a copy of the "
-"\"Duck and Cover\" 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—for free. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"<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—for free."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5666
+#: freeculture.xml:5748
msgid ""
"Here again, Kahle is providing access to a part of our culture that we "
"otherwise could not get easily, if at all. It is yet another part of what "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5674
+#: freeculture.xml:5756
msgid ""
"The key here is access, not price. Kahle wants to enable free access to this "
"content, but he also wants to enable others to sell access to it. His aim is "
#. PAGE BREAK 124
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5682
+#: freeculture.xml:5764
msgid ""
"For here is an idea that we should more clearly recognize. Every bit of "
-"creative property goes through different \"lives.\" In its first life, if "
-"the creator is lucky, the content is sold. In such cases the commercial "
-"market is successful for the creator. The vast majority of creative property "
-"doesn't enjoy such success, but some clearly does. For that content, "
-"commercial life is extremely important. Without this commercial market, "
-"there would be, many argue, much less creativity."
+"creative property goes through different <quote>lives.</quote> In its first "
+"life, if the creator is lucky, the content is sold. In such cases the "
+"commercial market is successful for the creator. The vast majority of "
+"creative property doesn't enjoy such success, but some clearly does. For "
+"that content, commercial life is extremely important. Without this "
+"commercial market, there would be, many argue, much less creativity."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5694
+#: freeculture.xml:5776
msgid ""
"After the commercial life of creative property has ended, our tradition has "
"always supported a second life as well. A newspaper delivers the news every "
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5706
+#: freeculture.xml:5788
msgid ""
-"Dave Barns, \"Fledgling Career in Antique Books: Woodstock Landlord, Bar "
-"Owner Starts a New Chapter by Adopting Business,\" <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, \"The First Sale Doctrine in the Era of Digital Networks,\" "
-"<citetitle>Boston College Law Review</citetitle> 44 (2003): 593 n. 51."
+"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, <quote>The First Sale Doctrine in the Era of "
+"Digital Networks,</quote> <citetitle>Boston College Law Review</citetitle> "
+"44 (2003): 593 n. 51."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5703
+#: freeculture.xml:5785
msgid ""
"The same has always been true about books. A book goes out of print very "
"quickly (the average today is after about a year<placeholder "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5720
+#: freeculture.xml:5802
msgid ""
"Yet increasingly, any assumption about a stable second life for creative "
"property does not hold true with the most important components of popular "
#. PAGE BREAK 125
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5731
+#: freeculture.xml:5813
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5743
+#: freeculture.xml:5825
msgid ""
"Perhaps the single most important feature of the digital revolution is that "
"for the first time since the Library of Alexandria, it is feasible to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5751
+#: freeculture.xml:5833
msgid ""
"The scale of this potential archive is something we've never imagined "
"before. The Brewster Kahles of our history have dreamed about it; but we are "
"describes,"
msgstr ""
+#. type: Content of: <book><part><chapter><blockquote><indexterm><primary>
+#: freeculture.xml:5840
+msgid "books"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><blockquote><indexterm><secondary>
+#: freeculture.xml:5841
+msgid "total number of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5758
+#: freeculture.xml:5844
msgid ""
"It looks like there's about two to three million recordings of music. "
"Ever. There are about a hundred thousand theatrical releases of movies, "
#. PAGE BREAK 126
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5772
+#: freeculture.xml:5858
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5787
+#: freeculture.xml:5873
msgid ""
"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 that Kahle and "
-"others would exercise."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:5797
-msgid "CHAPTER TEN: \"Property\""
+#: freeculture.xml:5884
+msgid "CHAPTER TEN: <quote>Property</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5806
+#: freeculture.xml:5893
msgid "Johnson, Lyndon"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:5807 freeculture.xml:9502
+#: freeculture.xml:5894 freeculture.xml:9628
msgid "Kennedy, John F."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5799
+#: freeculture.xml:5886
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5820
+#: freeculture.xml:5907
msgid "Disney, Inc."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5821
+#: freeculture.xml:5908
msgid "Sony Pictures Entertainment"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5822
+#: freeculture.xml:5909
msgid "MGM"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5823
+#: freeculture.xml:5910
msgid "Paramount Pictures"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5824
+#: freeculture.xml:5911
msgid "Twentieth Century Fox"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:5825
+#: freeculture.xml:5912
msgid "Universal Pictures"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:5826 freeculture.xml:7220
+#: freeculture.xml:5913 freeculture.xml:7326
msgid "Warner Brothers"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5810
+#: freeculture.xml:5897
msgid ""
"The MPAA is the American branch of the international Motion Picture "
"Association. It was formed in 1922 as a trade association whose goal was to "
#. PAGE BREAK 128
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5830
+#: freeculture.xml:5917
msgid ""
"Valenti is only the third president of the MPAA. No president before him has "
"had as much influence over that organization, or over Washington. As a "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5842
+#: freeculture.xml:5929
msgid ""
"In defending artistic liberty and the freedom of speech that our culture "
"depends upon, the MPAA has done important good. In crafting 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 redefine the meaning of \"creative "
-"property.\""
+"epitomized in Valenti's every act, to redefine the meaning of "
+"<quote>creative property.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5851
+#: freeculture.xml:5938
msgid "In 1982, Valenti's testimony to Congress captured the strategy perfectly:"
msgstr ""
#. f1
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:5865
+#: freeculture.xml:5952
msgid ""
"Home Recording of Copyrighted Works: Hearings on H.R. 4783, H.R. 4794, "
"H.R. 4808, H.R. 5250, H.R. 5488, and H.R. 5705 Before the Subcommittee on "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:5856
+#: freeculture.xml:5943
msgid ""
"No matter the lengthy arguments made, no matter the charges and the "
"counter-charges, no matter the tumult and the shouting, reasonable men and "
#. PAGE BREAK 129
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5875
+#: freeculture.xml:5962
msgid ""
"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 this: "
-"\"Creative property owners must be accorded the same rights and protections "
-"resident in all other property owners in the nation.\" There are no "
-"second-class citizens, Valenti might have continued. There should be no "
-"second-class property owners."
+"<quote>central theme</quote> to which <quote>reasonable men and "
+"women</quote> will return is this: <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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5886
+#: freeculture.xml:5973
msgid ""
"This claim has an obvious and powerful intuitive pull. It is stated with "
"such clarity as to make the idea as obvious as the notion that we use "
"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 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."
+"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."
msgstr ""
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:5901
+#: freeculture.xml:5988
msgid ""
-"Lawyers speak of \"property\" not as an absolute thing, but as a bundle of "
-"rights that are sometimes associated with a particular object. Thus, my "
-"\"property right\" to my car gives me the right to 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 Constitution</citetitle> (New Haven: "
-"Yale University Press, 1977), 26–27."
+"Lawyers speak of <quote>property</quote> not as an absolute thing, but as a "
+"bundle of rights that are sometimes associated with a particular "
+"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 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), "
+"26–27."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5898
+#: freeculture.xml:5985
msgid ""
-"While \"creative property\" is certainly \"property\" in a nerdy and precise "
-"sense that lawyers are trained to understand,<placeholder type=\"footnote\" "
-"id=\"0\"/> 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 property owners "
-"were given the same rights as all other property owners, that would effect a "
-"radical, and radically undesirable, change in our tradition."
+"While <quote>creative property</quote> is certainly <quote>property</quote> "
+"in a nerdy and precise sense that lawyers are trained to "
+"understand,<placeholder type=\"footnote\" id=\"0\"/> it has never been the "
+"case, nor should it be, that <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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5916
+#: freeculture.xml:6003
msgid ""
"Valenti knows this. But he speaks for an industry that cares squat for our "
"tradition and the values it represents. He speaks for an industry that is "
#. PAGE BREAK 130
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5924
+#: freeculture.xml:6011
msgid ""
"I have two purposes in this chapter. The first is to convince you that, "
"historically, Valenti's claim is absolutely wrong. The second is to convince "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5939
+#: freeculture.xml:6026
msgid ""
"Organizations such as the MPAA, whose board includes the most powerful of "
"the old guard, have little interest, their rhetoric notwithstanding, in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5951
+#: freeculture.xml:6038
msgid ""
-"The framers of our Constitution loved \"property.\" Indeed, so strongly did "
-"they love property that they built into the Constitution an important "
-"requirement. If the government takes your property—if it condemns your "
-"house, or acquires a slice of land from your farm—it is required, "
-"under the Fifth Amendment's \"Takings Clause,\" to pay you \"just "
-"compensation\" 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."
+"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—if it "
+"condemns your house, or acquires a slice of land from your farm—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."
msgstr ""
#. PAGE BREAK 131
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5962
+#: freeculture.xml:6049
msgid ""
"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 over to the public domain, Congress does not "
-"have any obligation to pay \"just compensation\" for this \"taking.\" "
-"Instead, the same Constitution that requires compensation for your land "
-"requires that you lose your \"creative property\" right without any "
-"compensation at all."
+"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 pay <quote>just "
+"compensation</quote> for this <quote>taking.</quote> Instead, the same "
+"Constitution that requires compensation for your land requires that you lose "
+"your <quote>creative property</quote> right without any compensation at all."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5977
+#: freeculture.xml:6064
msgid ""
"The Constitution thus on its face states that these two forms of property "
"are not to be accorded the same rights. They are plainly to be treated "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5986
+#: freeculture.xml:6073
msgid ""
"Arguing for a change in our Constitution is not necessarily wrong. There "
"was much in our original Constitution that was plainly wrong. The "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:5998
+#: freeculture.xml:6085
msgid ""
"Instead, my argument is that because Jefferson did it, we should at least "
"try to understand <emphasis>why</emphasis>. Why did the framers, fanatical "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6006
+#: freeculture.xml:6093
msgid ""
"To answer this question, we need to get some perspective on the history of "
-"these \"creative property\" 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> creative property should be protected, "
-"but how. Not <emphasis>whether</emphasis> we will enforce the rights the law "
-"gives to creative-property owners, but what the particular mix of rights "
-"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."
+"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> creative property "
+"should be protected, but how. Not <emphasis>whether</emphasis> we will "
+"enforce the rights the law gives to creative-property owners, but what the "
+"particular mix of rights 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."
msgstr ""
#. PAGE BREAK 132
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6021
+#: freeculture.xml:6108
msgid ""
"To answer these questions, we need a more general way to talk about how "
"property is protected. More precisely, we need a more general way than the "
msgstr ""
#. type: Content of: <book><part><chapter><figure><title>
-#: freeculture.xml:6030
+#: freeculture.xml:6117
msgid ""
"How four different modalities of regulation interact to support or weaken "
"the right or regulation."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6031 freeculture.xml:6208 freeculture.xml:6511
+#: freeculture.xml:6118 freeculture.xml:6304 freeculture.xml:6612
msgid "<graphic fileref=\"images/1331.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6034
+#: freeculture.xml:6121
msgid ""
"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 each case "
"by the state. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6137 freeculture.xml:6198 freeculture.xml:6307
+msgid "norms, regulatory influence of"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6051
+#: freeculture.xml:6139
msgid ""
"Norms are a different kind of constraint. They, too, punish an individual "
"for violating a rule. But the punishment of a norm is imposed by a "
"the severity of the rule, but the source of the enforcement."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6149 freeculture.xml:6197 freeculture.xml:6287 freeculture.xml:6306 freeculture.xml:9246 freeculture.xml:9444
+msgid "market constraints"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6062
+#: freeculture.xml:6151
msgid ""
"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 do N. These "
"simultaneous constraint upon how an individual or group might behave."
msgstr ""
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:6160 freeculture.xml:6196 freeculture.xml:6245 freeculture.xml:6286
+msgid "architecture, constraint effected through"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6072
+#: freeculture.xml:6162
msgid ""
"Finally, and for the moment, perhaps, most mysteriously, "
-"\"architecture\"—the physical world as one finds it—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, 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 theft, but by nature, by \"architecture.\" 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."
+"<quote>architecture</quote>—the physical world as one finds "
+"it—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, "
+"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 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."
msgstr ""
#. PAGE BREAK 134
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6089
+#: freeculture.xml:6179
msgid ""
"So the first point about these four modalities of regulation is obvious: "
"They interact. Restrictions imposed by one might be reinforced by "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6095
+#: freeculture.xml:6185
msgid ""
"The second point follows directly: If we want to understand the effective "
"freedom that anyone has at a given moment to do any particular thing, we "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:6104
+#: freeculture.xml:6194
msgid "driving speed, constraints on"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6107
+#: freeculture.xml:6200
msgid ""
-"So, for example, consider the \"freedom\" 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 example, slow most rational "
-"drivers; governors in buses, as another example, set the maximum rate at "
-"which the driver can drive. The freedom is in part restricted by the market: "
-"Fuel efficiency drops as speed increases, thus the price of gasoline "
+"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 example, slow most "
+"rational drivers; governors in buses, as another example, set the maximum "
+"rate at which the driver can drive. The freedom is in part restricted by the "
+"market: Fuel efficiency drops as speed increases, thus the price of gasoline "
"indirectly constrains speed. And finally, the norms of a community may or "
"may not constrain the freedom to speed. Drive at 50 mph by a school in your "
"own neighborhood and you're likely to be punished by the neighbors. The same "
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:6125
+#: freeculture.xml:6218
msgid ""
"By describing the way law affects the other three modalities, I don't mean "
"to suggest that the other three don't affect law. Obviously, they do. Law's "
"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): 90–95; "
-"Lawrence Lessig, \"The New Chicago School,\" <citetitle>Journal of Legal "
-"Studies</citetitle>, June 1998."
+"Lawrence Lessig, <quote>The New Chicago School,</quote> <citetitle>Journal "
+"of Legal Studies</citetitle>, June 1998."
msgstr ""
#. PAGE BREAK 135
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6121
+#: freeculture.xml:6214
msgid ""
"The final point about this simple model should also be fairly clear: While "
"these four modalities are analytically independent, law has a special role "
msgstr ""
#. type: Content of: <book><part><chapter><figure><title>
-#: freeculture.xml:6149
+#: freeculture.xml:6242
msgid "Law has a special role in affecting the three."
msgstr ""
#. type: Content of: <book><part><chapter><figure>
-#: freeculture.xml:6150
+#: freeculture.xml:6243
msgid "<graphic fileref=\"images/1361.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6190
+#: freeculture.xml:6284
msgid "Americans with Disabilities Act (1990)"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6191
+#: freeculture.xml:6285
msgid "Commons, John R."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:6161
-msgid ""
-"Some people object to this way of talking about \"liberty.\" 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 think it is meaningless "
-"to say that one's liberty has been restrained. A bridge has washed out, and "
-"it's harder to get from one place to another. To talk about this as a loss "
-"of freedom, they say, 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 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: 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. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+#: freeculture.xml:6255
+msgid ""
+"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 think "
+"it is meaningless to say that one's liberty has been restrained. A bridge "
+"has washed out, and it's harder to get from one place to another. To talk "
+"about this as a loss of freedom, they say, 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 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 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. <placeholder "
+"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> "
+"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" "
+"id=\"3\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:6153
+#: freeculture.xml:6247
msgid ""
"These constraints can thus change, and they can be changed. To understand "
"the effective protection of liberty or protection of property at any "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:6195
+#: freeculture.xml:6291
msgid "Why Hollywood Is Right"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6197
+#: freeculture.xml:6293
msgid ""
"The most obvious point that this model reveals is just why, or just how, "
"Hollywood is right. The copyright warriors have rallied Congress and the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6203
+#: freeculture.xml:6299
msgid "Let's say this is the picture of copyright's regulation before the Internet:"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:6207 freeculture.xml:6510
+#: freeculture.xml:6303 freeculture.xml:6611
msgid "Copyright's regulation before the Internet."
msgstr ""
#. PAGE BREAK 136
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6212
+#: freeculture.xml:6310
msgid ""
"There is balance between law, norms, market, and architecture. The law "
"limits the ability to copy and share content, by imposing penalties on those "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6224
+#: freeculture.xml:6322
msgid ""
"Enter the Internet, or, more precisely, technologies such as MP3s and p2p "
"sharing. Now the constraint of architecture changes dramatically, as does "
#. PAGE BREAK 137
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6232
+#: freeculture.xml:6330
msgid ""
"Thus the sense of, and justification for, the warriors' response. "
"Technology has changed, the warriors say, and the effect of this change, "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:6242
+#: freeculture.xml:6340
msgid "effective state of anarchy after the Internet."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6243
+#: freeculture.xml:6341
msgid "<graphic fileref=\"images/1381.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6246
+#: freeculture.xml:6344
msgid ""
"Neither this analysis nor the conclusions that follow are new to the "
-"warriors. Indeed, in a \"White Paper\" 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 "
+"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 Internet had "
"effected, the White Paper argued (1) Congress should strengthen intellectual "
"property law, (2) businesses should adopt innovative marketing techniques, "
"material, and (4) educators should educate kids to better protect copyright."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6355
+msgid "steel industry"
+msgstr ""
+
#. PAGE BREAK 138
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6258
+#: freeculture.xml:6357
msgid ""
"This mixed strategy is just what copyright needed—if it was to "
"preserve the particular balance that existed before the change induced by "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6275
+#: freeculture.xml:6374
msgid ""
"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.\""
+"<quote>architecture of revenue.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:6282
+#: freeculture.xml:6381
msgid "railroad industry"
msgstr ""
#. f5
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6292
+#: freeculture.xml:6392
msgid ""
-"See Geoffrey Smith, \"Film vs. Digital: Can Kodak Build a Bridge?\" "
-"BusinessWeek online, 2 August 1999, available at <ulink "
+"See Geoffrey Smith, <quote>Film vs. Digital: Can Kodak Build a "
+"B
ridge?</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 R. Schoenberger, \"Can "
-"Kodak Make Up for Lost Moments?\" Forbes.com, 6 October 2003, available at "
-"<ulink url=\"http://free-culture.cc/notes/\">link #24</ulink>."
+"analysis of Kodak's place in the market, see Chana 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>."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6284
+#: freeculture.xml:6384
msgid ""
"But just because a particular interest asks for government support, it "
"doesn't follow that support should be granted. And just because technology "
"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 "
-"weakened the \"stickiness\" 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?)"
+"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?)"
+msgstr ""
+
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:6413 freeculture.xml:14709
+msgid "Brezhnev, Leonid"
+msgstr ""
+
+#. type: Content of: <book><chapter><para><indexterm><primary>
+#: freeculture.xml:6414 freeculture.xml:12971
+msgid "Gates, Bill"
msgstr ""
#. f6
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6324
+#: freeculture.xml:6426
msgid ""
"Fred Warshofsky, <citetitle>The Patent Wars</citetitle> (New York: Wiley, "
"1994), 170–71."
msgstr ""
-#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:6333 freeculture.xml:12790
-msgid "Gates, Bill"
-msgstr ""
-
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6314
+#: freeculture.xml:6416
msgid ""
"The obvious answer to these obviously rhetorical questions is no. In a free "
"society, with a free market, supported by free enterprise and free trade, "
"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.\"<placeholder type=\"footnote\" id=\"0\"/> And relative to a "
-"startup, established companies also have the means. (Think RCA and FM "
+"patents, <quote>established companies have an interest in excluding future "
+"competitors.</quote><placeholder type=\"footnote\" id=\"0\"/> And relative "
+"to a startup, established companies also have the means. (Think RCA and FM "
"radio.) A world in which competitors with new ideas must fight 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. "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"concentrated stagnation. It is the Soviet Union under Brezhnev."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6336
+#: freeculture.xml:6437
msgid ""
"Thus, while it is understandable for industries threatened with new "
"technologies that change the way they do business to look to the government "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6346
+#: freeculture.xml:6447
msgid ""
"In the context of laws regulating speech—which include, obviously, "
"copyright law—that duty is even stronger. When the industry "
"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 of speech, it should ask— "
+"Constitution: <quote>Congress shall make no law … 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— "
"carefully—whether such regulation is justified."
msgstr ""
#. PAGE BREAK 140
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6360
+#: freeculture.xml:6461
msgid ""
"My argument just now, however, has nothing to do with whether the changes "
-"that are being pushed by the copyright warriors are \"justified.\" 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."
+"that are being pushed by the copyright warriors are "
+"<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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6369
+#: freeculture.xml:6470
msgid "Here's the metaphor that will capture the argument to follow."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:6372
+#: freeculture.xml:6473
msgid "DDT"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:6380
+#: freeculture.xml:6481
msgid "Müller, Paul Hermann"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6375
+#: freeculture.xml:6476
msgid ""
"In 1873, the chemical DDT was first synthesized. In 1948, Swiss chemist Paul "
"Hermann Müller won the Nobel Prize for his work demonstrating the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6383
+#: freeculture.xml:6484
msgid ""
"No one doubts that killing disease-carrying pests or increasing crop "
"production is a good thing. No one doubts that the work of Müller was "
"important and valuable and probably saved lives, possibly millions."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:6387 freeculture.xml:6393
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6488
msgid "Carson, Rachel"
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:6394
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6489
msgid "Silent Sprint (Carson)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6389
+#: freeculture.xml:6491
msgid ""
"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. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"reproduce. Whole chains of the ecology were being destroyed."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6397
+#: freeculture.xml:6497
msgid ""
"No one set out to destroy the environment. Paul Müller certainly did not aim "
"to harm any birds. But the effort to solve one set of problems produced "
"solve."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:6505
+msgid "Boyle, James"
+msgstr ""
+
#. f7
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6410
+#: freeculture.xml:6511
msgid ""
-"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."
msgstr ""
#. PAGE BREAK 141
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6406
+#: freeculture.xml:6507
msgid ""
"It is to this image precisely that Duke University law professor James Boyle "
-"appeals when he argues that we need an \"environmentalism\" for "
+"appeals when he argues that we need an <quote>environmentalism</quote> for "
"culture.<placeholder type=\"footnote\" id=\"0\"/> 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 protect authors will have unintended consequences for "
-"the cultural environment, much like DDT had for the natural environment. And "
-"just as criticism of DDT is not an endorsement of malaria or an attack on "
-"farmers, so, too, is criticism of one particular set of regulations "
-"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."
+"that music should be given away <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 as criticism of DDT is not an endorsement of malaria "
+"or an attack on farmers, so, too, is criticism of one particular set of "
+"regulations 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6427
+#: freeculture.xml:6528
msgid ""
"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 effect on "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6438
+#: freeculture.xml:6539
msgid ""
"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:6445
+#: freeculture.xml:6546
msgid "Beginnings"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6447
+#: freeculture.xml:6548
msgid ""
"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 aim "
-"to avoid overly powerful publishers."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6453
+#: freeculture.xml:6554
msgid ""
-"The power to establish \"creative property\" 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:"
+"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:"
msgstr ""
#. PAGE BREAK 142
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6458
+#: freeculture.xml:6559
msgid ""
"Congress has the power to promote the Progress of Science and useful Arts, "
"by securing for limited Times to Authors and Inventors the exclusive Right "
"to their respective Writings and Discoveries. We can call this the "
-"\"Progress Clause,\" for notice what this clause does not say. It does not "
-"say Congress has the power to grant \"creative property rights.\" 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."
+"<quote>Progress Clause,</quote> for notice what this clause does not say. It "
+"does not say Congress has the power to grant <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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6471
+#: freeculture.xml:6572
msgid ""
"The Progress Clause expressly limits the term of copyrights. As we saw in "
"chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"founders\"/>, the "
"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."
+"reinforced that objective, by requiring that copyrights extend <quote>to "
+"Authors</quote> only."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6481
+#: freeculture.xml:6582
msgid ""
"The design of the Progress Clause reflects something about the "
"Constitution's design in general. To avoid a problem, the framers built "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6496
+#: freeculture.xml:6597
msgid ""
-"I doubt the framers would recognize the regulation we call \"copyright\" "
-"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 years "
-"since they first struck its design."
+"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 <quote>copyright</quote> in context: We need to see how it has "
+"changed in the 210 years since they first struck its design."
msgstr ""
#. PAGE BREAK 143
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6503
+#: freeculture.xml:6604
msgid ""
"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 particular "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6514
+#: freeculture.xml:6615
msgid "We will end here:"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:6517
-msgid ""Copyright" today."
+#: freeculture.xml:6618
+msgid "<quote>Copyright</quote> today."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6518
+#: freeculture.xml:6619
msgid "<graphic fileref=\"images/1442.png\"></graphic>"
msgstr ""
#. PAGE BREAK 144
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6521
+#: freeculture.xml:6622
msgid "Let me explain how."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:6526
+#: freeculture.xml:6627
msgid "Law: Duration"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6542
+#: freeculture.xml:6643
msgid "Crosskey, William W."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6536
+#: freeculture.xml:6637
msgid ""
"William W. Crosskey, <citetitle>Politics and the Constitution in the History "
"of the United States</citetitle> (London: Cambridge University Press, 1953), "
-"vol. 1, 485–86: \"extinguish[ing], by plain implication of `the "
+"vol. 1, 485–86: <quote>extinguish[ing], by plain implication of `the "
"supreme Law of the Land,' <emphasis>the perpetual rights which authors had, "
-"or were supposed by some to have, under the Common Law</emphasis>\" "
+"or were supposed by some to have, under the Common Law</emphasis></quote> "
"(emphasis added). <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6528
+#: freeculture.xml:6629
msgid ""
"When the first Congress enacted laws to protect creative property, it faced "
"the same uncertainty about the status of creative property that the English "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6552
+#: freeculture.xml:6653
msgid ""
"That uncertainty ended after Congress passed legislation granting "
"copyrights. Because federal law overrides any contrary state law, federal "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6560
+#: freeculture.xml:6661
msgid ""
"In 1790, Congress enacted the first copyright law. It created a federal "
"copyright and secured that copyright for fourteen years. If the author was "
#. f9
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6575
+#: freeculture.xml:6676
msgid ""
"Although 13,000 titles were published in the United States from 1790 to "
"1799, only 556 copyright registrations were filed; John Tebbel, <citetitle>A "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6567
+#: freeculture.xml:6668
msgid ""
"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 registered "
#. PAGE BREAK 145
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6591
+#: freeculture.xml:6692
msgid ""
"This system of renewal was a crucial part of the American system of "
"copyright. It assured that the maximum terms of copyright would be granted "
#. f10
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6606
+#: freeculture.xml:6707
msgid ""
"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,\" <citetitle>Studies on "
+"<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 M. Landes and "
-"Richard A. Posner, \"Indefinitely Renewable Copyright,\" "
+"Richard A. Posner, <quote>Indefinitely Renewable Copyright,</quote> "
"<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, "
"498–501, and accompanying figures."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6600
+#: freeculture.xml:6701
msgid ""
"Fourteen years may not seem long to us, but for the vast majority of "
"copyright owners at that time, it was long enough: Only a small minority of "
#. f11
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6621
+#: freeculture.xml:6722
msgid "See Ringer, ch. 9, n. 2."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6617
+#: freeculture.xml:6718
msgid ""
"Even today, this structure would make sense. Most creative work has an "
"actual commercial life of just a couple of years. Most books fall out of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6629
+#: freeculture.xml:6730
msgid ""
"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 years to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6637
+#: freeculture.xml:6738
msgid ""
"Then, beginning in 1962, Congress started a practice that has defined "
"copyright law since. Eleven times in the last forty years, Congress has "
#. PAGE BREAK 146
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6647
+#: freeculture.xml:6748
msgid ""
"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 public "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6658
+#: freeculture.xml:6759
msgid ""
"The effect of these extensions has been exacerbated by another, "
"little-noticed change in the copyright law. Remember I said that the framers "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6668
+#: freeculture.xml:6769
msgid ""
"The United States abandoned this sensible system in 1976. For all works "
"created after 1978, there was only one copyright term—the maximum "
-"term. For \"natural\" 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 maximum term then "
-"available. After the Sonny Bono Act, that term was ninety-five years."
+"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 maximum term "
+"then available. After the Sonny Bono Act, that term was ninety-five years."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6678
+#: freeculture.xml:6779
msgid ""
"This change meant that American law no longer had an automatic way to 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 that terms be \"limited,\" "
-"we have no evidence that anything will limit them."
+"changes in copyright law. Despite the requirement that terms be "
+"<quote>limited,</quote> we have no evidence that anything will limit them."
msgstr ""
#. f12
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6695
+#: freeculture.xml:6796
msgid ""
"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."
+"<quote>Indefinitely Renewable Copyright,</quote> loc. cit."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6687
+#: freeculture.xml:6788
msgid ""
"The effect of these changes on the average duration of copyright is "
"dramatic. In 1973, more than 85 percent of copyright owners failed to renew "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:6704
+#: freeculture.xml:6805
msgid "Law: Scope"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6706
+#: freeculture.xml:6807
msgid ""
-"The \"scope\" 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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6712
+#: freeculture.xml:6813
msgid ""
-"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 the "
-"author the exclusive right to \"publish\" 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 did not extend to "
-"what lawyers call \"derivative works.\" 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)."
+"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 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)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6725
+#: freeculture.xml:6826
msgid ""
"This, too, has changed dramatically. While the contours of copyright 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 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 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 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."
+"<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 <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."
msgstr ""
#. PAGE BREAK 148
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6740
+#: freeculture.xml:6841
msgid ""
"At the same time that the scope of copyright has expanded, procedural "
"limitations on the right have been relaxed. I've already described the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6754
+#: freeculture.xml:6855
msgid ""
"The reason for the registration requirement was the sensible understanding "
"that for most works, no copyright was required. Again, in the first ten "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6768
+#: freeculture.xml:6869
msgid ""
-"All of these \"formalities\" 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 ©; and the "
-"copyright exists whether or not you actually make a copy available for "
-"others to copy."
+"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 "
+"©; and the copyright exists whether or not you actually make a copy "
+"available for others to copy."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6776
+#: freeculture.xml:6877
msgid "Consider a practical example to understand the scope of these differences."
msgstr ""
#. f13
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6787
+#: freeculture.xml:6888
msgid ""
-"See Thomas Bender and David Sampliner, \"Poets, Pirates, and the Creation of "
-"American Literature,\" 29 <citetitle>New York University Journal of "
-"International Law and Politics</citetitle> 255 (1997), and James Gilraeth, "
-"ed., Federal Copyright Records, 1790–1800 (U.S. G.P.O., 1987)."
+"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, 1790–1800 (U.S. G.P.O., "
+"1987)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6780
+#: freeculture.xml:6881
msgid ""
"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 against another "
#. PAGE BREAK 149
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6799
+#: freeculture.xml:6900
msgid ""
"The act left other creators totally unregulated. If I copied your poem by "
"hand, over and over again, as a way to learn it by heart, my act was totally "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6808
+#: freeculture.xml:6909
msgid ""
"Today the story is very different: If you write a book, your book is "
"automatically protected. Indeed, not just your book. Every e-mail, every "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6817
+#: freeculture.xml:6918
msgid ""
"That protection gives you the right (subject to a narrow range of fair use "
"exceptions) to control how others copy the work, whether they copy it to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6822
+#: freeculture.xml:6923
msgid ""
"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 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 copyright holder. The "
-"copyright, in other words, is now not just an exclusive right to your "
-"writings, but an exclusive right to your writings and a large proportion of "
-"the writings inspired by them."
+"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 copyright "
+"holder. The copyright, in other words, is now not just an exclusive right to "
+"your writings, but an exclusive right to your writings and a large "
+"proportion of the writings inspired by them."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6836
+#: freeculture.xml:6937
msgid ""
"It is this derivative right that would seem most bizarre to our framers, "
"though it has become second nature to us. Initially, this expansion was "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6858
+#: freeculture.xml:6959
msgid ""
-"Jonathan Zittrain, \"The Copyright Cage,\" <citetitle>Legal "
+"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>. <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6848
+#: freeculture.xml:6949
msgid ""
"In preventing that joke, the law created an astonishing power within a free "
"culture—at least, it's astonishing when you understand that the law "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:6880
+#: freeculture.xml:6981
msgid "Rubenfeld, Jeb"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6873
+#: freeculture.xml:6974
msgid ""
"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): 1–60 (see "
-"especially pp. 53–59). <placeholder type=\"indexterm\" id=\"0\"/>"
+"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): 1–60 (see especially pp. 53–59). <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6868
+#: freeculture.xml:6969
msgid ""
"Yet copyright law treats these two different wrongs in the same way. I can "
"go to court and get an injunction against your pirating my book. I can go to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6885
+#: freeculture.xml:6986
msgid ""
"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?"
+"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?"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6893
+#: freeculture.xml:6994
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:6900
+#: freeculture.xml:7001
msgid "Law and Architecture: Reach"
msgstr ""
#. f16
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6907
+#: freeculture.xml:7008
msgid ""
"This is a simplification of the law, but not much of one. The law certainly "
-"regulates more than \"copies\"—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 106(4). And it "
-"certainly sometimes doesn't regulate a \"copy\"; 17 <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 102) is that if there is a copy, there is a right."
+"regulates more than <quote>copies</quote>—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 "
+"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 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6902
+#: freeculture.xml:7003
msgid ""
"Whereas originally the law regulated only publishers, the change in "
"copyright's scope means that the law today regulates publishers, users, and "
#. PAGE BREAK 151
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6919
+#: freeculture.xml:7020
msgid ""
-"\"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 Valenti's "
-"argument at the start of this chapter, that \"creative property\" deserves "
-"the \"same rights\" as all other property, it is the "
+"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 reflection, it should be obvious "
#. f17
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:6937
+#: freeculture.xml:7038
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6932
+#: freeculture.xml:7033
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6948
+#: freeculture.xml:7049
msgid ""
"We can see this point abstractly by beginning with this largely empty "
"circle."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:6952
+#: freeculture.xml:7053
msgid "All potential uses of a book."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6953
+#: freeculture.xml:7054
msgid "<graphic fileref=\"images/1521.png\"></graphic>"
msgstr ""
#. PAGE BREAK 152
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6957
+#: freeculture.xml:7058
msgid ""
"Think about a book in real space, and imagine this circle to represent all "
"its potential <emphasis>uses</emphasis>. Most of these uses are unregulated "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:6970
+#: freeculture.xml:7071
msgid "Examples of unregulated uses of a book."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6971
+#: freeculture.xml:7072
msgid "<graphic fileref=\"images/1531.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6974
+#: freeculture.xml:7075
msgid ""
"Obviously, however, some uses of a copyrighted book are regulated by "
"copyright law. Republishing the book, for example, makes a copy. It is "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6982
+#: freeculture.xml:7083
msgid ""
"Finally, there is a tiny sliver of otherwise regulated copying uses that "
-"remain unregulated because the law considers these \"fair uses.\""
+"remain unregulated because the law considers these <quote>fair uses.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:6987
+#: freeculture.xml:7088
msgid ""
"Republishing stands at the core of this circle of possible uses of a "
"copyrighted work."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:6988
+#: freeculture.xml:7089
msgid "<graphic fileref=\"images/1541.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:6991
+#: freeculture.xml:7092
msgid ""
"These are uses that themselves involve copying, but which the law treats as "
"unregulated because public policy demands that they remain unregulated. You "
"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."
+"over such <quote>fair uses</quote> for public policy (and possibly First "
+"Amendment) reasons."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7001
-msgid "Unregulated copying considered "fair uses.""
+#: freeculture.xml:7102
+msgid "Unregulated copying considered <quote>fair uses.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7002
+#: freeculture.xml:7103
msgid "<graphic fileref=\"images/1542.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7006
+#: freeculture.xml:7107
msgid ""
"Uses that before were presumptively unregulated are now presumptively "
"regulated."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7007
+#: freeculture.xml:7108
msgid "<graphic fileref=\"images/1551.png\"></graphic>"
msgstr ""
#. PAGE BREAK 154
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7011
+#: freeculture.xml:7112
msgid ""
"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."
msgstr ""
#. f18
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7019
+#: freeculture.xml:7120
msgid ""
-"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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7016
+#: freeculture.xml:7117
msgid ""
"Enter the Internet—a distributed, digital network where every use of a "
"copyrighted work produces a copy.<placeholder type=\"footnote\" id=\"0\"/> "
#. PAGE BREAK 155
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7037
+#: freeculture.xml:7138
msgid ""
"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 be no "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7049
+#: freeculture.xml:7150
msgid ""
"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 only once or "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7061
+#: freeculture.xml:7162
msgid ""
"There are some people who think this makes perfect sense. My aim just now is "
"not to argue about whether it makes sense or not. My aim is only to make "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7067
+#: freeculture.xml:7168
msgid ""
"First, making category 1 disappear is not anything any policy maker ever "
"intended. Congress did not think through the collapse of the presumptively "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7075
+#: freeculture.xml:7176
msgid ""
"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 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."
+"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."
msgstr ""
#. PAGE BREAK 156
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7087
+#: freeculture.xml:7188
msgid ""
"Third, this shift from category 1 to category 2 puts an extraordinary 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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7101
+#: freeculture.xml:7202
msgid ""
"This point about fair use is totally ignored, even by advocates for free "
"culture. We have been cornered into arguing that our rights depend upon fair "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7111
+#: freeculture.xml:7215
msgid ""
"The case of Video Pipeline is a good example. Video Pipeline was in the "
-"business of making \"trailer\" 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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7118
+#: freeculture.xml:7222
msgid ""
"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."
+"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."
msgstr ""
#. PAGE BREAK 157
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7127
+#: freeculture.xml:7231
msgid ""
"In 1998, Video Pipeline informed Disney and other film distributors that it "
"intended to distribute the trailers through the Internet (rather than "
"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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7142
+#: freeculture.xml:7246
msgid ""
"Disney countersued—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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7152
+#: freeculture.xml:7256
msgid ""
"Disney has the right to control its property, of course. But the video "
"stores that were selling Disney's films also had some sort of right to be "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7161
+#: freeculture.xml:7266
msgid ""
"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 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 access to this content. Because each use of the "
-"Internet produces a copy, use on the Internet becomes subject to 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 access to this content. Because each use "
+"of the Internet produces a 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."
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7279
+msgid "Barnes & Noble"
+msgstr ""
+
#. PAGE BREAK 158
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7176
+#: freeculture.xml:7282
msgid ""
"No doubt, a potential is not yet an abuse, and so the potential for control "
"is not yet the abuse of control. Barnes & Noble has the right to say you "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7191
+#: freeculture.xml:7297
msgid ""
"Again, my aim so far is simply to map the changes that this changed "
"architecture enables. Enabling technology to enforce the control of "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:7200
+#: freeculture.xml:7306
msgid "Architecture and Law: Force"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7202
+#: freeculture.xml:7308
msgid ""
"The disappearance of unregulated uses would be change enough, but a second "
"important change brought about by the Internet magnifies its "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7208
+#: freeculture.xml:7314
msgid ""
"In the world before digital technology, it was generally the law that "
"controlled whether and how someone was regulated by copyright law. The law, "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7215
+#: freeculture.xml:7321
msgid "Casablanca"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7217 freeculture.xml:7396
+#: freeculture.xml:7323 freeculture.xml:7502
msgid "Marx Brothers"
msgstr ""
#. f19
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7231
+#: freeculture.xml:7337
msgid ""
-"See David Lange, \"Recognizing the Public Domain,\" <citetitle>Law and "
-"Contemporary Problems</citetitle> 44 (1981): 172–73."
+"See David Lange, <quote>Recognizing the Public Domain,</quote> "
+"<citetitle>Law and Contemporary Problems</citetitle> 44 (1981): "
+"172–73."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7223
+#: freeculture.xml:7329
msgid ""
"There's a famous story about a battle between the Marx Brothers and Warner "
"Brothers. The Marxes intended to make a parody of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7240
+#: freeculture.xml:7346
msgid ""
"Ibid. See also Vaidhyanathan, <citetitle>Copyrights and "
"Copywrongs</citetitle>, 1–3. <placeholder type=\"indexterm\" "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7236
+#: freeculture.xml:7342
msgid ""
"This led the Marx Brothers to respond in kind. They warned Warner Brothers "
-"that the Marx Brothers \"were brothers long before you were.\"<placeholder "
-"type=\"footnote\" id=\"0\"/> 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>."
+"that the Marx Brothers <quote>were brothers long before you "
+"were.</quote><placeholder type=\"footnote\" id=\"0\"/> 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>."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7250
+#: freeculture.xml:7356
msgid ""
"An absurd and hollow threat, of course, because Warner Brothers, like the "
"Marx Brothers, knew that no court would ever enforce such a silly "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7256
+#: freeculture.xml:7362
msgid ""
"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 machine: "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7269
+#: freeculture.xml:7375
msgid "Adobe eBook Reader"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7272
+#: freeculture.xml:7378
msgid "Consider the life of my Adobe eBook Reader."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7275
+#: freeculture.xml:7381
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7282
+#: freeculture.xml:7388
msgid "On the next page is a picture of an old version of my Adobe eBook Reader."
msgstr ""
#. PAGE BREAK 160
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7286
+#: freeculture.xml:7392
msgid ""
"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 public domain: "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7299
+#: freeculture.xml:7405
msgid "Picture of an old version of Adobe eBook Reader"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7300
+#: freeculture.xml:7406
msgid "<graphic fileref=\"images/1611.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7303
+#: freeculture.xml:7409
msgid ""
"If you click on the Permissions button, you'll see a list of the permissions "
"that the publisher purports to grant with this book."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7307
+#: freeculture.xml:7413
msgid "List of the permissions that the publisher purports to grant."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7308
+#: freeculture.xml:7414
msgid "<graphic fileref=\"images/1612.png\"></graphic>"
msgstr ""
#. PAGE BREAK 161
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7312
+#: freeculture.xml:7418
msgid ""
"According to my eBook Reader, I have the permission to copy to the clipboard "
"of the computer ten text selections every ten days. (So far, I've copied no "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7322
+#: freeculture.xml:7428
msgid "Aristotle"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7323
+#: freeculture.xml:7429
msgid "<citetitle>Politics</citetitle>, (Aristotle)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7320
+#: freeculture.xml:7426
msgid ""
"Here's the e-book for another work in the public domain (including the "
"translation): Aristotle's <citetitle>Politics</citetitle>. <placeholder "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7326
-msgid "E-book of Aristotle;s "Politics""
+#: freeculture.xml:7432
+msgid "E-book of Aristotle;s <quote>Politics</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7327
+#: freeculture.xml:7433
msgid "<graphic fileref=\"images/1621.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7330
+#: freeculture.xml:7436
msgid ""
"According to its permissions, no printing or copying is permitted at "
"all. But fortunately, you can use the Read Aloud button to hear the book."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7335
-msgid "List of the permissions for Aristotle;s "Politics"."
+#: freeculture.xml:7441
+msgid "List of the permissions for Aristotle;s <quote>Politics</quote>."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7336
+#: freeculture.xml:7442
msgid "<graphic fileref=\"images/1622.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7339
+#: freeculture.xml:7445
msgid ""
"Finally (and most embarrassingly), here are the permissions for the original "
"e-book version of my last book, <citetitle>The Future of Ideas</citetitle>:"
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7345
-msgid "List of the permissions for "The Future of Ideas"."
+#: freeculture.xml:7451
+msgid "List of the permissions for <quote>The Future of Ideas</quote>."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7346
+#: freeculture.xml:7452
msgid "<graphic fileref=\"images/1631.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7349
+#: freeculture.xml:7455
msgid "No copying, no printing, and don't you dare try to listen to this book!"
msgstr ""
#. f21
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7359
+#: freeculture.xml:7465
msgid ""
"In principle, a contract might impose a requirement on me. I might, for "
"example, buy a book from you that includes a contract that says I will read "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7352
+#: freeculture.xml:7458
msgid ""
-"Now, the Adobe eBook Reader calls these controls \"permissions\"— 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—up to the limits of the copyright law. But for work not under "
-"copyright, there is no such copyright power.<placeholder type=\"footnote\" "
-"id=\"0\"/> When my e-book of <citetitle>Middlemarch</citetitle> says I have "
-"the permission to copy only ten text selections into the memory every ten "
-"days, what that really means is that the eBook Reader has enabled the "
-"publisher to control how I use the book on my computer, far beyond the "
-"control that the law would enable."
+"Now, the Adobe eBook Reader calls these controls "
+"<quote>permissions</quote>— 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—up to the limits of the copyright "
+"law. But for work not under copyright, there is no such copyright "
+"power.<placeholder type=\"footnote\" id=\"0\"/> When my e-book of "
+"<citetitle>Middlemarch</citetitle> says I have the permission to copy only "
+"ten text selections into the memory every ten days, what that really means "
+"is that the eBook Reader has enabled the publisher to control how I use the "
+"book on my computer, far beyond the control that the law would enable."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7374
+#: freeculture.xml:7480
msgid ""
"The control comes instead from the code—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 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 of the text into the computer's "
-"memory, that means that after I've made ten copies, the computer will not "
-"make any more. The same with the printing restrictions: After ten pages, the "
-"eBook Reader will not print any more pages. It's the same with the silly "
-"restriction that says that you can't use the Read Aloud button to read my "
-"book aloud—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."
+"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 of the text "
+"into the computer's memory, that means that after I've made ten copies, the "
+"computer will not make any more. The same with the printing restrictions: "
+"After ten pages, the eBook Reader will not print any more pages. It's the "
+"same with the silly restriction that says that you can't use the Read Aloud "
+"button to read my book aloud—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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7392
+#: freeculture.xml:7498
msgid ""
"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 sentence. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"to type <quote>Warner Brothers,</quote> erased <quote>Brothers</quote> from "
+"
the sentence. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7399
+#: freeculture.xml:7505
msgid ""
"This is the future of copyright law: not so much copyright "
"<emphasis>law</emphasis> as copyright <emphasis>code</emphasis>. The "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7408
+#: freeculture.xml:7514
msgid ""
"How significant is this? Isn't it always possible to get around the controls "
"built into the technology? Software used to be sold with technologies that "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7415
+#: freeculture.xml:7521
msgid ""
"We've only scratched the surface of this story. Return to the Adobe eBook "
"Reader."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7425
+#: freeculture.xml:7531
msgid "Alice's Adventures in Wonderland (Carroll)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7419
+#: freeculture.xml:7525
msgid ""
"Early in the life of the Adobe eBook Reader, Adobe suffered a public "
"relations nightmare. Among the books that you could download for free on the "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7428
-msgid "List of the permissions for "Alice's Adventures in Wonderland"."
+#: freeculture.xml:7534
+msgid "List of the permissions for <quote>Alice's Adventures in Wonderland</quote>."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7430
+#: freeculture.xml:7536
msgid "<graphic fileref=\"images/1641.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7434
+#: freeculture.xml:7540
msgid ""
"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\"!"
+"not allowed to lend, not allowed to give, and, as the "
+"<quote>permissions</quote> indicated, not allowed to <quote>read "
+"aloud</quote>!"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7439
+#: freeculture.xml:7545
msgid ""
"The public relations nightmare attached to that final permission. For the "
"text did not say that you were not permitted to use the Read Aloud button; "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7447
+#: freeculture.xml:7553
msgid ""
"Adobe responded quickly that it was absurd to think that it was trying to "
"restrict the right to read a book aloud. Obviously it was only restricting "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7460
+#: freeculture.xml:7566
msgid ""
"The point is not to blame Adobe. Indeed, Adobe is among the most innovative "
"companies developing strategies to balance open access to content with "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7469
+#: freeculture.xml:7575
msgid ""
"To see the point in a particularly absurd context, consider a favorite story "
"of mine that makes the same point."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7473 freeculture.xml:7622 freeculture.xml:7693 freeculture.xml:7799
+#: freeculture.xml:7579 freeculture.xml:7728 freeculture.xml:7799 freeculture.xml:7905
msgid "Aibo robotic dog"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7476 freeculture.xml:7625 freeculture.xml:7694 freeculture.xml:7800
+#: freeculture.xml:7582 freeculture.xml:7731 freeculture.xml:7800 freeculture.xml:7906
msgid "robotic dog"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:7479 freeculture.xml:7628 freeculture.xml:7696 freeculture.xml:7802
+#: freeculture.xml:7585 freeculture.xml:7734 freeculture.xml:7802 freeculture.xml:7908
msgid "Sony"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
-#: freeculture.xml:7480 freeculture.xml:7629 freeculture.xml:7697 freeculture.xml:7803
+#: freeculture.xml:7586 freeculture.xml:7735 freeculture.xml:7803 freeculture.xml:7909
msgid "Aibo robotic dog produced by"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7483
+#: freeculture.xml:7589
msgid ""
-"Consider the robotic dog made by Sony named \"Aibo.\" 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)."
+"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)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7488
+#: freeculture.xml:7594
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7497
+#: freeculture.xml:7603
msgid ""
-"\"Teach\" 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 their computer \"dog\" to make it do new "
-"tricks (thus, aibohack.com)."
+"<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 their computer "
+"<quote>dog</quote> to make it do new tricks (thus, aibohack.com)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7505
+#: freeculture.xml:7611
msgid ""
"If you're not a programmer or don't know many programmers, the word "
"<citetitle>hack</citetitle> has a particularly unfriendly "
"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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7519
+#: freeculture.xml:7625
msgid ""
"Some hacks are easy. Some are unbelievably hard. Hackers as a community like "
"to challenge themselves and others with increasingly difficult "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7526
+#: freeculture.xml:7632
msgid ""
"The Aibo fan was displaying a bit of both when he hacked the program and "
"offered to the world a bit of code that would enable the Aibo to dance "
#. PAGE BREAK 166
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7536
+#: freeculture.xml:7642
msgid ""
"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, is it "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7552
+#: freeculture.xml:7658
msgid ""
"Let's put the dog to sleep for a minute, and turn to a pony show— not "
"literally a pony show, but rather a paper that a Princeton academic named Ed "
"knew very well."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:7575 freeculture.xml:10045
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7681 freeculture.xml:10178
msgid "Electronic Frontier Foundation"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7565
-msgid ""
-"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 "
+#: freeculture.xml:7671
+msgid ""
+"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,\" available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#27</ulink>. <placeholder type=\"indexterm\" id=\"0\"/>"
+"Legal Case,</quote> available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #27</ulink>. <placeholder "
+"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7563
+#: freeculture.xml:7669
msgid ""
"But Felten's bravery was really tested in April 2001.<placeholder "
"type=\"footnote\" id=\"0\"/> He and a group of colleagues were working on a "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7583
+#: freeculture.xml:7689
msgid ""
"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 \"this music cannot be "
-"copied,\" and have a computer respect that command. The technology was to "
-"be part of a \"trusted system\" of control that would get content owners to "
-"trust the system of the Internet much more."
+"standard that would allow the content owner to say <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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7593
+#: freeculture.xml:7699
msgid ""
"When SDMI thought it was close to a standard, it set up a competition. In "
"exchange for providing contestants with the code to an SDMI-encrypted bit of "
#. PAGE BREAK 167
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7600
+#: freeculture.xml:7706
msgid ""
"Felten and his team figured out the encryption system quickly. He and the "
"team saw the weakness of this system as a type: Many encryption systems "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7606
+#: freeculture.xml:7712
msgid ""
"Let's review just what Felten was doing. Again, this is the United "
"States. We have a principle of free speech. We have this principle not just "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7614
+#: freeculture.xml:7720
msgid ""
"What Felten and his colleagues were doing was publishing a paper describing "
"the weakness in a technology. They were not spreading free music, or "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7632
+#: freeculture.xml:7738
msgid ""
"What links these two, aibopet.com and Felten, is the letters they then "
"received. Aibopet.com received a letter from Sony about the aibopet.com "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:7639
+#: freeculture.xml:7745
msgid ""
"Your site contains information providing the means to circumvent AIBO-ware's "
"copy protection protocol constituting a violation of the anti-circumvention "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7648
+#: freeculture.xml:7754
msgid ""
"And though an academic paper describing the weakness in a system of "
"encryption should also be perfectly legal, Felten received a letter from an "
#. PAGE BREAK 168
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:7654
+#: freeculture.xml:7760
msgid ""
"Any disclosure of information gained from participating in the 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\")."
+"Digital Millennium Copyright Act (<quote>DMCA</quote>)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7662
+#: freeculture.xml:7768
msgid ""
"In both cases, this weirdly Orwellian law was invoked to control the spread "
"of information. The Digital Millennium Copyright Act made spreading such "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7667
+#: freeculture.xml:7773
msgid ""
"The DMCA was enacted as a response to copyright owners' first fear about "
"cyberspace. The fear was that copyright control was effectively dead; the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7678
+#: freeculture.xml:7784
msgid ""
"The DMCA was a bit of law intended to back up the protection of this code "
"designed to protect copyrighted material. It was, we could say, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7685
+#: freeculture.xml:7791
msgid ""
"But the DMCA was not designed merely to protect copyrighted works to the "
"extent copyright law protected them. Its protection, that is, did not end at "
#. PAGE BREAK 169
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7700
+#: freeculture.xml:7806
msgid ""
"Aibopet.com and Felten make the point. The Aibo hack circumvented a "
"copyright protection system for the purpose of enabling the dog to dance "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7712
+#: freeculture.xml:7818
msgid ""
"The threat against Felten was more attenuated, but it followed the same line "
"of reasoning. By publishing a paper describing how a copyright protection "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:7719 freeculture.xml:7752
+#: freeculture.xml:7825 freeculture.xml:7858
msgid "Rogers, Fred"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7729 freeculture.xml:7765 freeculture.xml:7797
+#: freeculture.xml:7835 freeculture.xml:7871 freeculture.xml:7903
msgid "Conrad, Paul"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7721
+#: freeculture.xml:7827
msgid ""
"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. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"<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. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:7748
+#: freeculture.xml:7854
msgid ""
"<citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal "
"City Studios, Inc</citetitle>., 464 U.S. 417, 455 fn. 27 (1984). Rogers "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:7733
+#: freeculture.xml:7839
msgid ""
"Some public stations, as well as commercial stations, program the "
-"\"Neighborhood\" 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 \"Neighborhood\" "
-"off-the-air, and I'm speaking for the \"Neighborhood\" 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, 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.<placeholder type=\"footnote\" id=\"0\"/>"
+"<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 "
+"<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 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.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 170
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7758
+#: freeculture.xml:7864
msgid ""
"Even though there were uses that were legal, because there were some uses "
"that were illegal, the court held the companies producing the VCR "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7763
+#: freeculture.xml:7869
msgid ""
"This led Conrad to draw the cartoon below, which we can adopt to the DMCA. "
"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7768
+#: freeculture.xml:7874
msgid "No argument I have can top this picture, but let me try to get close."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7771
+#: freeculture.xml:7877
msgid ""
"The anticircumvention provisions of the DMCA target copyright circumvention "
"technologies. Circumvention technologies can be used for different "
#. PAGE BREAK 171
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7779
+#: freeculture.xml:7885
msgid ""
"A handgun can be used to shoot a police officer or a child. Most would agree "
"such a use is bad. Or a handgun can be used for target practice or to "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7787
+#: freeculture.xml:7893
msgid "VCR/handgun cartoon."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:7788
+#: freeculture.xml:7894
msgid "<graphic fileref=\"images/1711.png\"></graphic>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7791
+#: freeculture.xml:7897
msgid ""
"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 circumvention "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7806
+#: freeculture.xml:7912
msgid ""
"The Aibo and RIAA examples demonstrate how copyright owners are changing the "
"balance that copyright law grants. Using code, copyright owners restrict "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7814
+#: freeculture.xml:7920
msgid ""
"This is how <emphasis>code</emphasis> becomes <emphasis>law</emphasis>. The "
"controls built into the technology of copy and access protection become "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7826
+#: freeculture.xml:7932
msgid ""
"There is one final aspect of the interaction between architecture and law "
"that contributes to the force of copyright's regulation. This is the ease "
#. f24
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7845
+#: freeculture.xml:7951
msgid ""
-"For an early and prescient analysis, see Rebecca Tushnet, \"Legal Fictions, "
-"Copyright, Fan Fiction, and a New Common Law,\" <citetitle>Loyola of Los "
-"Angeles Entertainment Law Journal</citetitle> 17 (1997): 651."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7839
+#: freeculture.xml:7945
msgid ""
"For example, imagine you were part of a <citetitle>Star Trek</citetitle> fan "
"club. You gathered every month to share trivia, and maybe to enact a kind of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7851
+#: freeculture.xml:7957
msgid ""
"Before the Internet, this was, in effect, a totally unregulated activity. "
"No matter what happened inside your club room, you would never be interfered "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7858
+#: freeculture.xml:7964
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7868
+#: freeculture.xml:7974
msgid ""
"This change in the effective force of the law is caused by a change in the "
"ease with which the law can be enforced. That change too shifts the law's "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:7877
+#: freeculture.xml:7983
msgid "Market: Concentration"
msgstr ""
#. PAGE BREAK 173
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7879
+#: freeculture.xml:7985
msgid ""
"So copyright's duration has increased dramatically—tripled in the past "
"thirty years. And copyright's scope has increased as well—from "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7897
+#: freeculture.xml:8003
msgid ""
"Still, in my view, all of these changes would not matter much if it weren't "
"for one more change that we must also consider. This is a change that is in "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7904
+#: freeculture.xml:8010
msgid ""
"This is the change in the concentration and integration of the media. In "
"the past twenty years, the nature of media ownership has undergone a radical "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7915
+#: freeculture.xml:8021
msgid "These changes are of two sorts: the scope of concentration, and its nature."
msgstr ""
#. f25
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7923
+#: freeculture.xml:8029
msgid ""
"FCC Oversight: Hearing Before the Senate Commerce, Science and "
"Transportation Committee, 108th Cong., 1st sess. (22 May 2003) (statement "
#. f26
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7930
+#: freeculture.xml:8036
msgid ""
-"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."
msgstr ""
#. f27
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:7936
+#: freeculture.xml:8042
msgid ""
-"Molly Ivins, \"Media Consolidation Must Be Stopped,\" <citetitle>Charleston "
-"Gazette</citetitle>, 31 May 2003."
+"Molly Ivins, <quote>Media Consolidation Must Be Stopped,</quote> "
+"<citetitle>Charleston Gazette</citetitle>, 31 May 2003."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7939
+#: freeculture.xml:8045
msgid "BMG"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7940 freeculture.xml:9279
+#: freeculture.xml:8046 freeculture.xml:9397
msgid "EMI"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7941
+#: freeculture.xml:8047
msgid "McCain, John"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7942 freeculture.xml:9280
+#: freeculture.xml:8048 freeculture.xml:9398
msgid "Universal Music Group"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:7943
+#: freeculture.xml:8049
msgid "Warner Music Group"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7919
+#: freeculture.xml:8025
msgid ""
"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.\"<placeholder "
-"type=\"footnote\" id=\"0\"/> 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.<placeholder type=\"footnote\" "
-"id=\"1\"/> The \"five largest cable companies pipe programming to 74 percent "
-"of the cable subscribers nationwide.\"<placeholder type=\"footnote\" "
-"
id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/> <placeholder "
-"type=\"indexterm\" id=\"4\"/> <placeholder type=\"indexterm\" id=\"5\"/> "
-"<placeholder type=\"indexterm\" id=\"
6\"/> <placeholder type=\"indexterm\" "
-"id=\"7\"/>"
+"summarized the data produced in the FCC's review of media ownership, "
+"<quote>five companies control 85 percent of our media "
+"sources.</quote><placeholder type=\"footnote\" id=\"0\"/> 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.<placeholder "
+"type=\"footnote\" id=\"1\"/> The <quote>five largest cable companies pipe "
+"programming to 74 percent of the cable subscribers "
+"
nationwide.</quote><placeholder type=\"footnote\" id=\"2\"/> <placeholder "
+"type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" id=\"4\"/> "
+"<placeholder type=\"indexterm\" id=\"
5\"/> <placeholder type=\"indexterm\" "
+"id=\"6\"/> <placeholder type=\"indexterm\" id=\"7\"/>"
msgstr ""
#. PAGE BREAK 174
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7946
+#: freeculture.xml:8052
msgid ""
"The story with radio is even more dramatic. Before deregulation, the "
"nation's largest radio broadcasting conglomerate owned fewer than "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7957
+#: freeculture.xml:8063
msgid ""
"Newspaper ownership is becoming more concentrated as well. Today, there are "
"six hundred fewer daily newspapers in the United States than there were "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:7971 freeculture.xml:7988
+#: freeculture.xml:8077 freeculture.xml:8094
msgid "Fallows, James"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7968
+#: freeculture.xml:8074
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:7986
+#: freeculture.xml:8092
msgid ""
-"James Fallows, \"The Age of Murdoch,\" <citetitle>Atlantic "
+"James Fallows, <quote>The Age of Murdoch,</quote> <citetitle>Atlantic "
"Monthly</citetitle> (September 2003): 89. <placeholder type=\"indexterm\" "
"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:7975
+#: freeculture.xml:8081
msgid ""
"Murdoch's companies now constitute a production system unmatched in its "
"integration. They supply content—Fox movies … Fox TV shows "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:7993
+#: freeculture.xml:8099
msgid ""
"The pattern with Murdoch is the pattern of modern media. Not just large "
"companies owning many radio stations, but a few companies owning as many "
msgstr ""
#. type: Content of: <book><part><chapter><section><figure><title>
-#: freeculture.xml:7999
+#: freeculture.xml:8105
msgid "Pattern of modern media ownership."
msgstr ""
#. type: Content of: <book><part><chapter><section><figure>
-#: freeculture.xml:8000
+#: freeculture.xml:8106
msgid "<graphic fileref=\"images/1761.png\"></graphic>"
msgstr ""
#. PAGE BREAK 175
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8004
+#: freeculture.xml:8110
msgid ""
"Does this concentration matter? Will it affect what is made, or what is "
"distributed? Or is it merely a more efficient way to produce and distribute "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8009
+#: freeculture.xml:8115
msgid ""
"My view was that concentration wouldn't matter. I thought it was nothing "
"more than a more efficient financial structure. But now, after reading and "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8015
+#: freeculture.xml:8121
msgid ""
"Here's a representative story that begins to suggest how this integration "
"may matter."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8018
+#: freeculture.xml:8124
msgid "Lear, Norman"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8020 freeculture.xml:8083
+#: freeculture.xml:8126 freeculture.xml:8189
msgid "All in the Family"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8022
+#: freeculture.xml:8128
msgid ""
"In 1969, Norman Lear created a pilot for <citetitle>All in the "
"Family</citetitle>. He took the pilot to ABC. The network didn't like it. It "
#. f29
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8034
+#: freeculture.xml:8140
msgid ""
-"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 <ulink "
-"url=\"http://free-culture.cc/notes/\">link #28</ulink>; for the Lear story, "
-"not included in the prepared remarks, see <ulink "
+"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>)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8029
+#: freeculture.xml:8135
msgid ""
"Rather than comply, Lear simply took the show elsewhere. CBS was happy to "
"have the series; ABC could not stop Lear from walking. The copyrights that "
#. PAGE BREAK 176
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8045
+#: freeculture.xml:8151
msgid ""
"The network did not control those copyrights because the law forbade 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 television—75 percent of it—was "
-"\"independent\" of the networks."
+"<quote>independent</quote> of the networks."
msgstr ""
#. f30
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8064
+#: freeculture.xml:8170
msgid ""
"NewsCorp./DirecTV Merger and Media Consolidation: Hearings on Media "
"Ownership Before the Senate Commerce Committee, 108th Cong., 1st "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8054
+#: freeculture.xml:8160
msgid ""
"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, 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 new series were produced "
-"independently of conglomerate control, last year there was "
-"one.\"<placeholder type=\"footnote\" id=\"0\"/> 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 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%.\"<placeholder type=\"footnote\" id=\"1\"/>"
+"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 controlled companies more than "
+"quintupled to 77 percent.</quote> <quote>In 1992, 16 new series were "
+"produced independently of conglomerate control, last year there was "
+"one.</quote><placeholder type=\"footnote\" id=\"0\"/> In 2002, 75 percent of "
+"prime time television was owned by the networks 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 63%.</quote><placeholder type=\"footnote\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8085
+#: freeculture.xml:8191
msgid ""
"Today, another Norman Lear with another <citetitle>All in the "
"Family</citetitle> would find that he had the choice either to make the show "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8094
+#: freeculture.xml:8200
msgid "Diller, Barry"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8095
+#: freeculture.xml:8201
msgid "Moyers, Bill"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8091
+#: freeculture.xml:8197
msgid ""
"While the number of channels has increased dramatically, the ownership of "
"those channels has narrowed to an ever smaller and smaller few. As Barry "
#. f32
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:8108
+#: freeculture.xml:8214
msgid ""
-"\"Barry Diller Takes on Media Deregulation,\" <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>."
+"<quote>Barry Diller Takes on Media Deregulation,</quote> <citetitle>Now with "
+"Bill Moyers</citetitle>, Bill Moyers, 25 April 2003, edited transcript "
+"a
vailable at <ulink url=\"http://free-culture.cc/notes/\">link #31</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:8099
+#: freeculture.xml:8205
msgid ""
"Well, if you have companies that produce, that finance, that air on their "
"channel and then distribute worldwide everything that goes through their "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8115
+#: freeculture.xml:8221
msgid ""
"This narrowing has an effect on what is produced. The product of such large "
"and concentrated networks is increasingly homogenous. Increasingly "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8126
+#: freeculture.xml:8232
msgid "Clark, Kim B."
msgstr ""
#. f33
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8135
+#: freeculture.xml:8241
msgid ""
"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 Kim B. Clark, \"The Interaction of Design Hierarchies and "
-"Market Concepts in Technological Evolution,\" <citetitle>Research "
+"Kim Clark. See Kim B. Clark, <quote>The Interaction of Design Hierarchies "
+"and Market Concepts in Technological Evolution,</quote> <citetitle>Research "
"Policy</citetitle> 14 (1985): 235–51. For a more recent study, see "
"Richard Foster and Sarah Kaplan, <citetitle>Creative Destruction: Why "
"Companies That Are Built to Last Underperform the Market—and How to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8128
+#: freeculture.xml:8234
msgid ""
"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 "
-"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.<placeholder "
-"type=\"footnote\" id=\"0\"/> Lumbering giants not only don't, but should "
-"not, sprint. Yet if the field is only open to the giants, there will be far "
-"too little sprinting. <placeholder type=\"indexterm\" id=\"1\"/>"
+"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.<placeholder type=\"footnote\" id=\"0\"/> Lumbering giants not only "
+"don't, but should not, sprint. Yet if the field is only open to the giants, "
+"there will be far too little sprinting. <placeholder type=\"indexterm\" "
+"id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8152
+#: freeculture.xml:8258
msgid ""
"I don't think we know enough about the economics of the media market to say "
"with certainty what concentration and integration will do. The efficiencies "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8158
+#: freeculture.xml:8264
msgid ""
"But there is a quintessentially obvious example that does strongly suggest "
"the concern."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8162
+#: freeculture.xml:8268
msgid ""
"In addition to the copyright wars, we're in the middle of the drug "
"wars. Government policy is strongly directed against the drug cartels; "
#. PAGE BREAK 178
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8167
+#: freeculture.xml:8273
msgid ""
"Let me hereby disqualify myself from any possible appointment to any "
"position in government by saying I believe this war is a profound mistake. I "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8186
+#: freeculture.xml:8292
msgid ""
"You may not be convinced. That's fine. We live in a democracy, and it is "
"through votes that we are to choose policy. But to do that, we depend "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8192
+#: freeculture.xml:8301
msgid ""
"Beginning in 1998, the Office of National Drug Control Policy launched a "
-"media campaign as part of the \"war on drugs.\" 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 damage from the "
-"war. One advances an argument in favor of drug legalization. The other "
-"responds in a powerful and effective way against the argument of the "
-"first. In the end, the first guy changes his mind (hey, it's "
+"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 damage from the war. One advances an argument in favor of drug "
+"legalization. The other responds in a powerful and effective way against the "
+"argument of the first. In the end, the first guy changes his mind (hey, it's "
"television). The plug at the end is a damning attack on the pro-legalization "
"campaign."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8204
+#: freeculture.xml:8313
msgid ""
"Fair enough. It's a good ad. Not terribly misleading. It delivers its "
"message well. It's a fair and reasonable message."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8208
+#: freeculture.xml:8317
msgid ""
"But let's say you think it is a wrong message, and you'd like to run a "
"countercommercial. Say you want to run a series of ads that try to "
#. PAGE BREAK 179
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8214
+#: freeculture.xml:8323
msgid ""
"Well, obviously, these ads cost lots of money. Assume you raise the "
"money. Assume a group of concerned citizens donates all the money in the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8256
+#: freeculture.xml:8365
msgid "Comcast"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8257
+#: freeculture.xml:8366
msgid "Marijuana Policy Project"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8258
+#: freeculture.xml:8367
msgid "NBC"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8259
+#: freeculture.xml:8368
msgid "WJOA"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8260
+#: freeculture.xml:8369
msgid "WRC"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8231
+#: freeculture.xml:8340
msgid ""
"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 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): 449–79, 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 diesel "
-"buses. Phillip Matier and Andrew Ross, \"Antidiesel Group Fuming After Muni "
-"Rejects Ad,\" SFGate.com, 16 June 2003, available at <ulink "
+"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 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): "
+"449–79, 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 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 \"too controversial.\" <placeholder type=\"indexterm\" "
-"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
-"type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/> "
-"<placeholder type=\"indexterm\" id=\"4\"/> <placeholder type=\"indexterm\" "
-"id=\"5\"/>"
+"the criticism was <quote>too controversial.</quote> <placeholder "
+"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> "
+"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" "
+"id=\"3\"/> <placeholder type=\"indexterm\" id=\"4\"/> <placeholder "
+"type=\"indexterm\" id=\"5\"/> <placeholder type=\"indexterm\" id=\"6\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8221
+#: freeculture.xml:8330
msgid ""
"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 the right to choose what they "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8264
+#: freeculture.xml:8374
msgid ""
"I'd be happy to defend the networks' rights, as well—if we lived in a "
"media market that was truly diverse. But concentration in the media throws "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:8276
+#: freeculture.xml:8387
msgid "Together"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8278
+#: freeculture.xml:8389
msgid ""
"There is something innocent and obvious about the claim of the copyright "
-"warriors that the government should \"protect my property.\" In the "
-"abstract, it is obviously true and, ordinarily, totally harmless. No sane "
-"sort who is not an anarchist could disagree."
+"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."
msgstr ""
#. PAGE BREAK 180
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8284
+#: freeculture.xml:8395
msgid ""
-"But when we see how dramatically this \"property\" has changed— 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—the claim begins 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 the massively expanded \"property\" 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."
+"But when we see how dramatically this <quote>property</quote> has "
+"changed— 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—the claim begins 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 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8300
+#: freeculture.xml:8411
msgid ""
"Not starkly. Or absolutely. My point is not that we should abolish copyright "
"or go back to the eighteenth century. That would be a total mistake, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8306
+#: freeculture.xml:8417
msgid ""
"But there is a space between zero and one, Internet culture "
"notwithstanding. And these massive shifts in the effective power of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8318
+#: freeculture.xml:8429
msgid ""
"Copyright law has not been a rock of Gibraltar. It's not a set of constant "
"commitments that, for some mysterious reason, teenagers and geeks now "
#. PAGE BREAK 181
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8330
+#: freeculture.xml:8441
msgid ""
"For the single point that is lost in this war on pirates is a point that we "
"see only after surveying the range of these changes. When you add together "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8354
+#: freeculture.xml:8465
msgid ""
-"Siva Vaidhyanathan captures a similar point in his \"four surrenders\" of "
-"copyright law in the digital age. See Vaidhyanathan, 159–60. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"Siva Vaidhyanathan captures a similar point in his <quote>four "
+"surrenders</quote> of copyright law in the digital age. See Vaidhyanathan, "
+"
159–60. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8339
+#: freeculture.xml:8450
msgid ""
"Not when copyrights were perpetual, for when copyrights were perpetual, they "
"affected only that precise creative work. Not when only publishers had the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8360
+#: freeculture.xml:8471
msgid "This has been a long chapter. Its point can now be briefly stated."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8363
+#: freeculture.xml:8474
msgid ""
"At the start of this book, I distinguished between commercial and "
"noncommercial culture. In the course of this chapter, I have distinguished "
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:8375 freeculture.xml:8412
+#: freeculture.xml:8486 freeculture.xml:8523
msgid "PUBLISH"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:8376 freeculture.xml:8413 freeculture.xml:8451 freeculture.xml:8483
+#: freeculture.xml:8487 freeculture.xml:8524 freeculture.xml:8562 freeculture.xml:8594
msgid "TRANSFORM"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8381 freeculture.xml:8418 freeculture.xml:8456 freeculture.xml:8488
+#: freeculture.xml:8492 freeculture.xml:8529 freeculture.xml:8567 freeculture.xml:8599
msgid "Commercial"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8382 freeculture.xml:8419 freeculture.xml:8420 freeculture.xml:8457 freeculture.xml:8458 freeculture.xml:8489 freeculture.xml:8490 freeculture.xml:8494 freeculture.xml:8495
+#: freeculture.xml:8493 freeculture.xml:8530 freeculture.xml:8531 freeculture.xml:8568 freeculture.xml:8569 freeculture.xml:8600 freeculture.xml:8601 freeculture.xml:8605 freeculture.xml:8606
msgid "©"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8383 freeculture.xml:8387 freeculture.xml:8388 freeculture.xml:8424 freeculture.xml:8425 freeculture.xml:8463
+#: freeculture.xml:8494 freeculture.xml:8498 freeculture.xml:8499 freeculture.xml:8535 freeculture.xml:8536 freeculture.xml:8574
msgid "Free"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8386 freeculture.xml:8423 freeculture.xml:8461 freeculture.xml:8493
+#: freeculture.xml:8497 freeculture.xml:8534 freeculture.xml:8572 freeculture.xml:8604
msgid "Noncommercial"
msgstr ""
#. PAGE BREAK 182
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8395
+#: freeculture.xml:8506
msgid ""
"The act of publishing a map, chart, and book was regulated by copyright "
"law. Nothing else was. Transformations were free. And as copyright attached "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8404
+#: freeculture.xml:8515
msgid "By the end of the nineteenth century, the law had changed to this:"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8432
+#: freeculture.xml:8543
msgid ""
"Derivative works were now regulated by copyright law—if published, "
"which again, given the economics of publishing at the time, means if offered "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8438
+#: freeculture.xml:8549
msgid ""
"In 1909 the law changed to regulate copies, not publishing, and after this "
"change, the scope of the law was tied to technology. As the technology of "
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry>
-#: freeculture.xml:8450 freeculture.xml:8482
+#: freeculture.xml:8561 freeculture.xml:8593
msgid "COPY"
msgstr ""
#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry>
-#: freeculture.xml:8462
+#: freeculture.xml:8573
msgid "©/Free"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8470
+#: freeculture.xml:8581
msgid ""
"The law was interpreted to reach noncommercial copying through, say, copy "
"machines, but still much of copying outside of the commercial market "
#. PAGE BREAK 183
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8502
+#: freeculture.xml:8613
msgid ""
"Every realm is governed by copyright law, whereas before most creativity was "
"not. The law now regulates the full range of creativity— commercial or "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8510
+#: freeculture.xml:8621
msgid ""
"Obviously, copyright law is not the enemy. The enemy is regulation that does "
"no good. So the question that we should be asking just now is whether "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8516
+#: freeculture.xml:8627
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8540
+#: freeculture.xml:8651
msgid "legal realist movement"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8534
+#: freeculture.xml:8645
msgid ""
"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 "
+"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). <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8528
+#: freeculture.xml:8639
msgid ""
"The issue is therefore not simply whether copyright is property. Of course "
-"copyright is a kind of \"property,\" 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<placeholder "
-"type=\"footnote\" id=\"0\"/>) 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\" 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."
+"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<placeholder type=\"footnote\" id=\"0\"/>) 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 <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."
msgstr ""
#. PAGE BREAK 184
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8552
+#: freeculture.xml:8664
msgid ""
"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 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 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."
+"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 "
+"story of chapter 6). 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 "
+"7). Adding 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8571
+#: freeculture.xml:8683
msgid ""
"Free culture is increasingly the casualty in this war on piracy. In response "
"to a real, if not yet quantified, threat that the technologies of the "
msgstr ""
#. type: Content of: <book><part><title>
-#: freeculture.xml:8588
+#: freeculture.xml:8700
msgid "PUZZLES"
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:8592
+#: freeculture.xml:8704
msgid "CHAPTER ELEVEN: Chimera"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:8594
+#: freeculture.xml:8706
msgid "chimeras"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:8597
+#: freeculture.xml:8709
msgid "Wells, H. G."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:8600
-msgid ""Country of the Blind, The" (Wells)"
+#: freeculture.xml:8712
+msgid "<quote>Country of the Blind, The</quote> (Wells)"
msgstr ""
#. f1.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:8608
+#: freeculture.xml:8720
msgid ""
-"H. G. Wells, \"The Country of the Blind\" (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)."
+"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)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8604
+#: freeculture.xml:8716
msgid ""
"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.<placeholder type=\"footnote\" id=\"0\"/> The valley is "
-"extraordinarily beautiful, with \"sweet water, pasture, 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 villagers to explore "
-"life as a king."
+"extraordinarily beautiful, with <quote>sweet water, pasture, an even "
+"climate, slopes of rich brown soil with tangles of a shrub 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8620
+#: freeculture.xml:8732
msgid ""
"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. 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 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!'\""
+"to the villagers. They don't understand. He tells them they are "
+"<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 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 alone!'</quote>"
msgstr ""
#. PAGE BREAK 187
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8632
+#: freeculture.xml:8744
msgid ""
"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 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.\""
+"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 indulgence.</quote> <quote>She "
+"did not believe,</quote> Wells tells us, and <quote>she could only half "
+"understand, but she was mysteriously delighted.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8643
+#: freeculture.xml:8755
msgid ""
-"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8649
+#: freeculture.xml:8761
msgid ""
-"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8653
+#: freeculture.xml:8765
msgid ""
-"\"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 … are diseased … in such a way as to "
+"affect his brain.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8658
+#: freeculture.xml:8770
msgid ""
-"The doctor continues: \"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—namely, to remove these irritant bodies [the "
-"eyes].\""
+"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—namely, to remove these irritant bodies [the "
+"eyes].</quote>"
msgstr ""
#. PAGE BREAK 188
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8664
+#: freeculture.xml:8776
msgid ""
-"\"Thank Heaven for science!\" 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.) 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 plot for murder mysteries. \"But "
-"the DNA shows with 100 percent certainty that she was not the person whose "
-"blood was at the scene. …\""
+"<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.) It "
+"sometimes 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 plot for murder "
+"mysteries. <quote>But the DNA shows with 100 percent certainty that she was "
+"not the person whose blood was at the scene. …</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8681
+#: freeculture.xml:8793
msgid ""
"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."
+"sets of DNA (a chimera). Our understanding of a <quote>person</quote> should "
+"reflect this reality."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8689
+#: freeculture.xml:8801
msgid ""
"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 others' "
-"records—the sort of thing we've been doing for the last thirty years "
-"without any question at all.\" 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 recording company no doubt did as a "
-"kid: sharing music."
+"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—the sort of thing we've been doing for the last 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 recording company "
+"no doubt did as a kid: sharing music."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8703
+#: freeculture.xml:8815
msgid ""
"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 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.\""
+"friends can get access, but it stretches the meaning of "
+"<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 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>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8712
+#: freeculture.xml:8824
msgid ""
-"Likewise, when the other side says, \"File sharing is just like walking 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 (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. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"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 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. "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 189
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8723
+#: freeculture.xml:8835
msgid ""
"But it is not quite stealing from Tower. After all, when I take a CD from "
"Tower Records, Tower has one less CD to sell. And when I take a CD from "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8733
+#: freeculture.xml:8845
msgid ""
"The point is not that it is as neither side describes. The point is that it "
"is both—both as the RIAA describes it and as Kazaa describes it. It is "
"rules should govern it?"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8861 freeculture.xml:9142 freeculture.xml:10180
+msgid "ISPs (Internet service providers), user identities revealed by"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8779
+#: freeculture.xml:8892
msgid "Conyers, John, Jr."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8780 freeculture.xml:9484
+#: freeculture.xml:8893 freeculture.xml:9605
msgid "Berman, Howard L."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:8749
-msgid ""
-"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, 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 "
+#: freeculture.xml:8861
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> For an excellent summary, see the "
+"report prepared by GartnerG2 and the Berkman Center for Internet and Society "
+"at Harvard Law School, <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 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 <ulink "
+"<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 reveal the identity of a "
"$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, 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 <ulink "
-"url=\"http://free-culture.cc/notes/\">link #36</ulink>. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"<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 "
+"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>. <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
+"type=\"indexterm\" id=\"2\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8740
+#: freeculture.xml:8852
msgid ""
"We could respond by simply pretending that it is not a chimera. We could, "
"with the RIAA, decide that every act of file sharing should be a felony. We "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8786
+#: freeculture.xml:8899
msgid ""
"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 no "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8793
+#: freeculture.xml:8906
msgid ""
"Either response is possible. I think either would be a mistake. Rather than "
"embrace one of these two extremes, we should embrace something that "
#. PAGE BREAK 190
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8805
+#: freeculture.xml:8918
msgid ""
"Yet zero tolerance is increasingly our government's policy. In the middle of "
"the chaos that the Internet has created, an extraordinary land grab is "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8813
+#: freeculture.xml:8926
msgid ""
-"I'm not talking about the opportunities for kids to \"steal\" 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 innovation that this power "
-"will unleash. Yet the Internet has already seen the passing of one cycle of "
-"innovation around technologies to distribute content. The law is responsible "
-"for this passing. As the vice president for global public policy at one of "
-"these new innovators, eMusic.com, put it when criticizing the DMCA's added "
-"protection for copyrighted material,"
+"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 innovation "
+"that this power will unleash. Yet the Internet has already seen the passing "
+"of one cycle of innovation around technologies to distribute content. The "
+"law is responsible for this passing. As the vice president for global public "
+"policy at one of these new innovators, eMusic.com, put it when criticizing "
+"the DMCA's added protection for copyrighted material,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:8826
+#: freeculture.xml:8939
msgid ""
"eMusic opposes music piracy. We are a distributor of copyrighted material, "
"and we want to protect those rights."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:8830
+#: freeculture.xml:8943
msgid ""
"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 "
#. f3.
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:8847
+#: freeculture.xml:8960
msgid ""
"WIPO and the DMCA One Year Later: Assessing Consumer Access to Digital "
"Entertainment on the Internet and Other Media: Hearing Before the "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:8837
+#: freeculture.xml:8950
msgid ""
"This is a critical point. The choices that industry sectors make with "
"respect to these systems will in many ways directly shape the market for "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8861 freeculture.xml:9212
+#: freeculture.xml:8974 freeculture.xml:9330
msgid "Vivendi Universal"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8858
+#: freeculture.xml:8971
msgid ""
-"In April 2001, eMusic.com was purchased by Vivendi Universal, one of \"the "
-"major labels.\" Its position on these matters has now changed. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"In April 2001, eMusic.com was purchased by Vivendi Universal, one of "
+"<quote>the major labels.</quote> Its position on these matters has now "
+"changed. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8864
+#: freeculture.xml:8977
msgid ""
"Reversing our tradition of tolerance now will not merely quash piracy. It "
"will sacrifice values that are important to this culture, and will kill "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:8872
+#: freeculture.xml:8985
msgid "CHAPTER TWELVE: Harms"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8874
+#: freeculture.xml:8987
msgid ""
-"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."
+"To fight <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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8881
+#: freeculture.xml:8994
msgid ""
"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 "
+"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?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8887
+#: freeculture.xml:9000
msgid ""
"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 our "
-"history."
+"the property called <quote>intellectual property</quote> is at its greatest "
+"in our history."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8895
+#: freeculture.xml:9008
msgid ""
-"Yet \"common sense\" 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 rejection of "
-"\"piracy\" still has play."
+"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 "
+"rejection of <quote>piracy</quote> still has play."
msgstr ""
#. PAGE BREAK 193
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8902
+#: freeculture.xml:9016
msgid ""
"There will be many consequences of continuing this war. I want to describe "
"just three. All three might be said to be unintended. I am quite confident "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:8909
+#: freeculture.xml:9023
msgid "Constraining Creators"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8911
+#: freeculture.xml:9025
msgid ""
"In the next ten years we will see an explosion of digital technologies. "
"These technologies will enable almost anyone to capture and share "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8926
+#: freeculture.xml:9040
msgid ""
-"This digital \"capturing and sharing\" 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 of digital "
-"\"capturing and sharing\" 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 the culture all "
-"around."
+"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 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 the culture all around."
msgstr ""
#. PAGE BREAK 194
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8937
+#: freeculture.xml:9051
msgid ""
"Technology has thus given us an opportunity to do something with culture "
"that has only ever been possible for individuals in small groups, isolated "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8947
+#: freeculture.xml:9061
msgid ""
"Yet all this is possible only if the activity is presumptively legal. In the "
"current regime of legal regulation, it is not. Forget file sharing for a "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8975 freeculture.xml:8996
+#: freeculture.xml:9089 freeculture.xml:9110
msgid "Worldcom"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8970
+#: freeculture.xml:9084
msgid ""
"See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at "
"WorldCom</citetitle> (Hoboken, N.J.: John Wiley & 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 <ulink url=\"http://free-culture.cc/notes/\">link #37</ulink>. "
+"for details of the settlement, see MCI press release, <quote>MCI Wins "
+"U.S. District Court Approval for SEC Settlement</quote> (7 July 2003), "
+"a
vailable at <ulink url=\"http://free-culture.cc/notes/\">link #37</ulink>. "
"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8991
+#: freeculture.xml:9105
msgid "Bush, George W."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:8982
+#: freeculture.xml:9096
msgid ""
"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 <ulink "
-"url=\"http://free-culture.cc/notes/\">link #38</ulink>, and \"Senate Turns "
-"Back Malpractice Caps,\" 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. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"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>, 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. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8958
+#: freeculture.xml:9072
msgid ""
"That presumption will increasingly chill creativity, as the examples of "
"extreme penalties for vague infringements continue to proliferate. It is "
"negligently butchering a patient? <placeholder type=\"indexterm\" id=\"2\"/>"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:9112
+msgid "art, underground"
+msgstr ""
+
#. f3.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9018
+#: freeculture.xml:9133
msgid ""
-"See Danit Lidor, \"Artists Just Wanna Be Free,\" "
+"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:8999
+#: freeculture.xml:9114
msgid ""
"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 public domain, because the "
-"boundaries of the public domain are designed to be unclear. It never pays to "
-"do anything except pay for the right to create, and hence only those who can "
-"pay are allowed to create. As was the case in the Soviet Union, though for "
-"very different reasons, we will begin to see a world of underground "
-"art—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 "
-"States.<placeholder type=\"footnote\" id=\"0\"/> In what does their "
-"\"illegality\" consist? In the act of mixing the culture around us with an "
-"expression that is critical or reflective."
+"process underground by branding the modern-day Walt 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 "
+"be unclear. It never pays to do anything except pay for the right to create, "
+"and hence only those who can pay are allowed to create. As was the case in "
+"the Soviet Union, though for very different reasons, we will begin to see a "
+"world of underground art—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 <quote>illegal "
+"art</quote> tour the United States.<placeholder type=\"footnote\" id=\"0\"/> "
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9028
+#: freeculture.xml:9144
msgid ""
"Part of the reason for this fear of illegality has to do with the changing "
"law. I described that change in detail in chapter <xref xrefstyle=\"select: "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9040
+#: freeculture.xml:9157
msgid ""
"Never in our history has a painter had to worry about whether his painting "
"infringed on someone else's work; but the modern-day painter, using the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9051
+#: freeculture.xml:9168
msgid ""
"Lawyers rarely see this because lawyers are rarely empirical. As I described "
"in chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"recorders\"/>, "
#. PAGE BREAK 196
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9062
+#: freeculture.xml:9179
msgid ""
"But fair use in America simply means the right to hire a lawyer to defend "
"your right to create. And as lawyers love to forget, our system for "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9072
+#: freeculture.xml:9189
msgid ""
"Judges and lawyers can tell themselves that fair use provides adequate "
-"\"breathing room\" 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— these are the real laws "
-"governing creativity. And these rules have little relationship to the "
-"\"law\" with which judges comfort themselves."
+"<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— these "
+"are the real laws governing creativity. And these rules have little "
+"relationship to the <quote>law</quote> with which judges comfort themselves."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9083
+#: freeculture.xml:9200
msgid ""
"For in a world that threatens $150,000 for a single willful infringement of "
"a copyright, and which demands tens of thousands of 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—in that world, the astonishingly broad regulations "
-"that pass under the name \"copyright\" 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."
+"that pass under the name <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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9094
+#: freeculture.xml:9211
msgid "As Jed Horovitz, the businessman behind Video Pipeline, said to me,"
msgstr ""
#. PAGE BREAK 197
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9098
+#: freeculture.xml:9215
msgid ""
"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 going to "
"get it distributed in the mainstream media unless 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 permission. That's the point at which "
-"they control it."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:9111
+#: freeculture.xml:9228
msgid "Constraining Innovators"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9113
+#: freeculture.xml:9230
msgid ""
"The story of the last section was a crunchy-lefty story—creativity "
"quashed, artists who can't speak, yada yada yada. Maybe that doesn't get you "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9121
+#: freeculture.xml:9238
msgid ""
"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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9130
+#: freeculture.xml:9248
msgid ""
"The charge I've been making about the regulation of culture is the same "
"charge free marketers make about regulating markets. Everyone, of course, "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9142 freeculture.xml:9250
+#: freeculture.xml:9260 freeculture.xml:9368
msgid "Barry, Hank"
msgstr ""
#. PAGE BREAK 198
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9144
+#: freeculture.xml:9262
msgid ""
"This is the single most dramatic effect of the shift in regulatory strategy "
"that I described in chapter <xref xrefstyle=\"select: labelnumber\" "
"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—what former Napster CEO Hank "
-"Barry calls a \"nuclear pall\" that has fallen over the Valley—has "
-"been learned."
+"Barry calls a <quote>nuclear pall</quote> that has fallen over the "
+"Valley—has been learned."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9157
+#: freeculture.xml:9275
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9161
+#: freeculture.xml:9279
msgid "Roberts, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9163
+#: freeculture.xml:9281
msgid ""
"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 facilitate new "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9171
+#: freeculture.xml:9289
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9179
+#: freeculture.xml:9297
msgid ""
"This idea required a simple way to gather data about user preferences. "
"MP3.com came up with an extraordinarily clever way to gather this preference "
#. PAGE BREAK 199
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9191
+#: freeculture.xml:9309
msgid ""
"No doubt some could use this system to illegally copy content. But that "
"opportunity existed with or without MP3.com. The aim of the my.mp3.com "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9200
+#: freeculture.xml:9318
msgid ""
"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 uploaded the music, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9215
+#: freeculture.xml:9333
msgid ""
"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 with four of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9225
+#: freeculture.xml:9343
msgid "That part of the story I have told before. Now consider its conclusion."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9228
+#: freeculture.xml:9346
msgid ""
"After Vivendi purchased MP3.com, Vivendi turned around and filed a "
"malpractice lawsuit against the lawyers who had advised it that they had a "
#. PAGE BREAK 200
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9238
+#: freeculture.xml:9356
msgid ""
"The clear purpose of this lawsuit (which was settled for an unspecified "
"amount shortly after the story was no longer covered in the press) was to "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9249
+#: freeculture.xml:9367
msgid "Hummer, John"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9251
+#: freeculture.xml:9369
msgid "Hummer Winblad"
msgstr ""
#. f4.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9259
+#: freeculture.xml:9377
msgid ""
-"See Joseph Menn, \"Universal, EMI Sue Napster Investor,\" <citetitle>Los "
-"Angeles 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 "
-"at <ulink url=\"http://free-culture.cc/notes/\">link #42</ulink>. See also "
-"Jon Healey, \"Online Music Services Besieged,\" <citetitle>Los Angeles "
-"Times</citetitle>, 28 May 2001."
+"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 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>. See also Jon "
+"Healey, <quote>Online Music Services Besieged,</quote> <citetitle>Los "
+"Angeles Times</citetitle>, 28 May 2001."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9253
+#: freeculture.xml:9371
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary>
-#: freeculture.xml:9283
+#: freeculture.xml:9401
msgid "BMW"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9298
+#: freeculture.xml:9416
msgid "Needleman, Rafe"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:9294
+#: freeculture.xml:9412
msgid ""
-"Rafe Needleman, \"Driving in Cars with MP3s,\" <citetitle>Business "
-"2.0</citetitle>, 16 June 2003, available at <ulink "
+"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. <placeholder type=\"indexterm\" "
"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9285
+#: freeculture.xml:9403
msgid ""
"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 engineers in Germany "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9303
+#: freeculture.xml:9421
msgid ""
-"This is the world of the mafia—filled with \"your money or your life\" "
-"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 constantly threatened by "
-"litigation."
+"This is the world of the mafia—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 constantly "
+"threatened by litigation."
msgstr ""
#. PAGE BREAK 201
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9313
+#: freeculture.xml:9431
msgid ""
"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 "
+"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9327
+#: freeculture.xml:9446
msgid ""
"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 both "
-"contexts is the same. This wildly punitive system of regulation will "
-"systematically stifle creativity and innovation. It will protect some "
+"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 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. "
#. PAGE BREAK 202
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9339
+#: freeculture.xml:9458
msgid ""
"The building of a permission culture, rather than a free culture, is the "
"first important way in which the changes I have described will burden "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9361
+#: freeculture.xml:9480
msgid ""
"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 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, this response says, we should break "
-"the kneecaps of the Internet."
+"<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 the Internet less "
+"efficient. If the Internet enables <quote>piracy,</quote> then, this "
+"response says, we should break the kneecaps of the Internet."
msgstr ""
#. f6.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9375
+#: freeculture.xml:9495
msgid ""
-"\"Copyright and Digital Media in a Post-Napster World,\" GartnerG2 and the "
-"Berkman Center for Internet and Society at Harvard Law School (2003), "
-"33–35, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#44</ulink>."
+"<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), 33–35, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #44</ulink>."
msgstr ""
#. f7.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9388
+#: freeculture.xml:9508
msgid "GartnerG2, 26–27."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9371
+#: freeculture.xml:9491
msgid ""
"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.<placeholder "
"type=\"footnote\" id=\"0\"/> 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.<placeholder "
+"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.<placeholder "
"type=\"footnote\" id=\"1\"/>"
msgstr ""
#. PAGE BREAK 203
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9392
+#: freeculture.xml:9512
msgid ""
"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 "
#. f8.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9406
+#: freeculture.xml:9526
msgid ""
-"See David McGuire, \"Tech Execs Square Off Over Piracy,\" Newsbytes, "
-"February 2002 (Entertainment)."
+"See David McGuire, <quote>Tech Execs Square Off Over Piracy,</quote> "
+"Newsbytes, February 2002 (Entertainment)."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:9412 freeculture.xml:11228
+#: freeculture.xml:9532 freeculture.xml:11386
msgid "Intel"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9402
+#: freeculture.xml:9522
msgid ""
"In March 2002, a broad coalition of technology companies, led by Intel, "
"tried to get Congress to see the harm that such legislation would "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9415
+#: freeculture.xml:9535
msgid ""
"There is one more obvious way in which this war has harmed "
"innovation—again, a story that will be quite familiar to the free "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9420
+#: freeculture.xml:9540
msgid ""
"Copyright may be property, but like all property, it is also a form of "
"regulation. It is a regulation that benefits some and harms others. When "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9432
+#: freeculture.xml:9552
msgid ""
"Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst, N.Y.: "
"Prometheus Books, 2001). <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9426
+#: freeculture.xml:9546
msgid ""
"As I described in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"property-i\"/>, despite this feature of copyright as regulation, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9443
+#: freeculture.xml:9563
msgid ""
"But that pattern of deference to new technologies has now changed with the "
"rise of the Internet. Rather than striking a balance between the claims of a "
#. f10.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9452
+#: freeculture.xml:9572
msgid ""
"The only circuit court exception is found in <citetitle>Recording Industry "
"Association of America (RIAA)</citetitle> v. <citetitle>Diamond Multimedia "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9485
+#: freeculture.xml:9590
+msgid "Tauzin, Billy"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
+#: freeculture.xml:9606
msgid "Hollings, Fritz"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9470
-msgid ""
-"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 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, 33–34, available at <ulink "
+#: freeculture.xml:9590
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> 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 "
+"<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 technology in all digital media devices. See GartnerG2, "
+"<quote>Copyright and Digital Media in a Post-Napster World,</quote> 27 June "
+"2003, 33–34, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #44</ulink>. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> "
+"<placeholder type=\"indexterm\" id=\"3\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9450
+#: freeculture.xml:9570
msgid ""
"The response by the courts has been fairly universal.<placeholder "
"type=\"footnote\" id=\"0\"/> It has been mirrored in the responses "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9493
+#: freeculture.xml:9619
msgid ""
"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 \"radio performance\" unless he or she is "
-"also the composer. So, for example if Marilyn Monroe had recorded a version "
-"of \"Happy Birthday\"—to memorialize her famous performance before "
-"President Kennedy at Madison Square Garden— then whenever that "
-"recording was played on the radio, the current copyright owners of \"Happy "
-"Birthday\" would get some money, whereas Marilyn Monroe would not. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"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>—to memorialize her famous "
+"performance before President Kennedy at Madison Square Garden— then "
+"whenever that recording was played on the radio, the current copyright "
+"owners of <quote>Happy Birthday</quote> would get some money, whereas "
+"
Marilyn Monroe would not. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9505
+#: freeculture.xml:9631
msgid ""
"The reasoning behind this balance struck by Congress makes some sense. The "
"justification was that radio was a kind of advertising. The recording artist "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9516
+#: freeculture.xml:9642
msgid ""
"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 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."
+"<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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9525
+#: freeculture.xml:9651
msgid ""
"This feature of the architecture of Internet radio means that there are "
"potentially an unlimited number of radio stations that a user could tune in "
#. PAGE BREAK 205
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9540
+#: freeculture.xml:9667
msgid ""
"Internet radio is thus to radio what FM was to AM. It is an improvement "
"potentially vastly more significant than the FM improvement over AM, since "
#. f12.
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:9564
+#: freeculture.xml:9691
msgid "Lessing, 239."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9550
+#: freeculture.xml:9677
msgid ""
"An almost unlimited number of FM stations was possible in the shortwaves, "
"thus ending the unnatural restrictions imposed on radio in the crowded "
#. f13.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9574
+#: freeculture.xml:9701
msgid "Ibid., 229."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9569
+#: freeculture.xml:9696
msgid ""
"This potential for FM radio was never realized—not because Armstrong "
"was wrong about the technology, but because he underestimated the power of "
-"
\"vested interests, habits, customs and legislation\"<placeholder "
+"
<quote>vested interests, habits, customs and legislation</quote><placeholder "
"type=\"footnote\" id=\"0\"/> to retard the growth of this competing "
"technology."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9579
+#: freeculture.xml:9706
msgid ""
"Now the very same claim could be made about Internet radio. For again, there "
"is no technical limitation that could restrict the number of Internet radio "
#. PAGE BREAK 206
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9587
+#: freeculture.xml:9718
msgid ""
"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 powerful "
"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 of \"Happy Birthday\" on the air, "
-"<emphasis>Internet radio does</emphasis>. Not only is the law not neutral "
-"toward Internet radio—the law actually burdens Internet radio more "
-"than it burdens terrestrial radio."
+"it plays her hypothetical recording of <quote>Happy Birthday</quote> on the "
+"air, <emphasis>Internet radio does</emphasis>. Not only is the law not "
+"neutral toward Internet radio—the law actually burdens Internet radio "
+"more than it burdens terrestrial radio."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9626
+#: freeculture.xml:9757
msgid "CARP (Copyright Arbitration Royalty Panel)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9609
+#: freeculture.xml:9740
msgid ""
"This example was derived from fees set by the original Copyright Arbitration "
"Royalty Panel (CARP) proceedings, and is drawn from an example offered by "
"Zittrain, Digital Performance Right 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 C. Picker, \"Copyright as Entry "
-"Policy: The Case of Digital Distribution,\" <citetitle>Antitrust "
-"Bulletin</citetitle> (Summer/Fall 2002): 461: \"This was not confusion, "
+"analysis making a similar point, see Randal 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 interests, that could have been done in a "
-"media-neutral way.\" <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
-"type=\"indexterm\" id=\"1\"/>"
+"media-neutral way.</quote> <placeholder type=\"indexterm\" id=\"0\"/> "
+"<placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9602
+#: freeculture.xml:9733
msgid ""
"This financial burden is not slight. As Harvard law professor William Fisher "
"estimates, if an Internet radio station distributed adfree popular music to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9633
+#: freeculture.xml:9765
msgid ""
"The burden is not financial only. Under the original rules that were "
"proposed, an Internet radio station (but not a terrestrial radio station) "
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9641
+#: freeculture.xml:9773
msgid "name of the service;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9644
+#: freeculture.xml:9776
msgid "channel of the program (AM/FM stations use station ID);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9647
+#: freeculture.xml:9779
msgid "type of program (archived/looped/live);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9650
+#: freeculture.xml:9782
msgid "date of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9653
+#: freeculture.xml:9785
msgid "time of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9656
+#: freeculture.xml:9788
msgid "time zone of origination of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9659
+#: freeculture.xml:9791
msgid "numeric designation of the place of the sound recording within the program;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9662
+#: freeculture.xml:9794
msgid "duration of transmission (to nearest second);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9665
+#: freeculture.xml:9797
msgid "sound recording title;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9668
+#: freeculture.xml:9800
msgid "ISRC code of the recording;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9671
+#: freeculture.xml:9803
msgid ""
"release year of the album per copyright notice and in the case of "
"compilation albums, the release year of the album and copy- right date of "
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9674
+#: freeculture.xml:9806
msgid "featured recording artist;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9677
+#: freeculture.xml:9809
msgid "retail album title;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9680
+#: freeculture.xml:9812
msgid "recording label;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9683
+#: freeculture.xml:9815
msgid "UPC code of the retail album;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9686
+#: freeculture.xml:9818
msgid "catalog number;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9689
+#: freeculture.xml:9821
msgid "copyright owner information;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9692
+#: freeculture.xml:9824
msgid "musical genre of the channel or program (station format);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9695
+#: freeculture.xml:9827
msgid "name of the service or entity;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9698
+#: freeculture.xml:9830
msgid "channel or program;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9701
+#: freeculture.xml:9833
msgid "date and time that the user logged in (in the user's time zone);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9704
+#: freeculture.xml:9836
msgid "date and time that the user logged out (in the user's time zone);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9707
+#: freeculture.xml:9839
msgid "time zone where the signal was received (user);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9710
+#: freeculture.xml:9842
msgid "unique user identifier;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9713
+#: freeculture.xml:9845
msgid "the country in which the user received the transmissions."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9718
+#: freeculture.xml:9850
msgid ""
"The Librarian of Congress eventually suspended these reporting requirements, "
"pending further study. And he also changed the original rates set by the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9726
+#: freeculture.xml:9858
msgid ""
"Why? What justifies this difference? Was there any study of the economic "
"consequences from Internet radio that would justify these differences? Was "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:9731 freeculture.xml:14309
+#: freeculture.xml:9862 freeculture.xml:14510
msgid "Real Networks"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9733
+#: freeculture.xml:9867
msgid ""
"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 Policy at "
#. PAGE BREAK 208
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9739
+#: freeculture.xml:9873
msgid ""
"The RIAA, which was representing the record labels, presented 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 webcasters asked the RIAA, … \"How do you come up "
-"with a 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. …\""
+"representing the webcasters asked the RIAA, … <quote>How do you come "
+"up with a 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. …</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9754
+#: freeculture.xml:9892
msgid ""
-"And the RIAA experts said, \"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 high rate and it's a "
-"stable, predictable market</emphasis>.\" (Emphasis added.)"
+"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 high rate "
+"and it's a stable, predictable market</emphasis>.</quote> (Emphasis added.)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9762
+#: freeculture.xml:9901
msgid ""
"Translation: The aim is to use the law to eliminate competition, so that "
"this platform of potentially immense competition, which would cause the "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:9772
+#: freeculture.xml:9911
msgid "Corrupting Citizens"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9774
+#: freeculture.xml:9913
msgid ""
"Overregulation stifles creativity. It smothers innovation. It gives "
"dinosaurs a veto over the future. It wastes the extraordinary opportunity "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9780
+#: freeculture.xml:9919
msgid ""
"In addition to these important harms, there is one more that was important "
"to our forebears, but seems forgotten today. Overregulation corrupts "
#. f15.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9789
+#: freeculture.xml:9928
msgid ""
-"Mike Graziano and Lee Rainie, \"The Music Downloading Deluge,\" Pew Internet "
-"and American Life Project (24 April 2001), available at <ulink "
+"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 Americans had downloaded "
"music files from the Internet by early 2001."
#. PAGE BREAK 209
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9785
+#: freeculture.xml:9924
msgid ""
"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 "
#. f16.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9823
+#: freeculture.xml:9962
msgid ""
-"Alex Pham, \"The Labels Strike Back: N.Y. Girl Settles RIAA Case,\" "
-"<citetitle>Los Angeles Times</citetitle>, 10 September 2003, Business."
+"Alex Pham, <quote>The Labels Strike Back: N.Y. Girl Settles RIAA "
+"Case,</quote> <citetitle>Los Angeles Times</citetitle>, 10 September 2003, "
+"Business."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9810
+#: freeculture.xml:9949
msgid ""
"The content industry's tactics exploit the failings of the American legal "
"system. When the RIAA brought suit against Jesse Jordan, it knew that in "
#. f17.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9845
+#: freeculture.xml:9984
msgid ""
-"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."
msgstr ""
#. f18.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9853
+#: freeculture.xml:9992
msgid ""
"National Drug Control Policy: Hearing Before the House Government Reform "
"Committee, 108th Cong., 1st sess. (5 March 2003) (statement of John "
#. f19.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9863
+#: freeculture.xml:10002
msgid ""
-"See James Andreoni, Brian Erard, and Jonathon Feinstein, \"Tax Compliance,\" "
-"<citetitle>Journal of Economic Literature</citetitle> 36 (1998): 818 (survey "
-"of compliance literature)."
+"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)."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:9870
+#: freeculture.xml:10009
msgid "alcohol prohibition"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9835
+#: freeculture.xml:9974
msgid ""
"Wars of prohibition are nothing new in America. This one is just something "
"more extreme than anything we've seen before. We experimented with alcohol "
"of the population. We regulate automobiles to the point where the vast "
"majority of Americans violate the law every day. We run such a complex tax "
"system that a majority of cash businesses regularly cheat.<placeholder "
-"type=\"footnote\" id=\"2\"/> We pride ourselves on our \"free society,\" 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. <placeholder type=\"indexterm\" id=\"3\"/>"
+"type=\"footnote\" id=\"2\"/> 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. <placeholder type=\"indexterm\" "
+"id=\"3\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:9888
+#: freeculture.xml:10027
msgid "law schools"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9873
+#: freeculture.xml:10012
msgid ""
"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 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, illegally driven cars. These "
-"are kids for whom behaving illegally is increasingly the norm. And then we, "
-"as law professors, are supposed to teach them how to behave "
-"ethically—how to say no to bribes, or keep client funds separate, or "
-"honor a demand to disclose a document that will mean that your case is "
-"over. Generations of Americans—more significantly in some parts of "
-"America than in others, but still, everywhere in America today—can't "
-"live their lives both normally and legally, since \"normally\" entails a "
-"certain degree of illegality. <placeholder type=\"indexterm\" id=\"0\"/>"
+"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, illegally driven "
+"cars. These are kids for whom behaving illegally is increasingly the "
+"norm. And then we, as law professors, are supposed to teach them how to "
+"behave ethically—how to say no to bribes, or keep client funds "
+"separate, or honor a demand to disclose a document that will mean that your "
+"case is over. Generations of Americans—more significantly in some "
+"parts of America than in others, but still, everywhere in America "
+"today—can't live their lives both normally and legally, since "
+"<quote>normally</quote> entails a certain degree of illegality. "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9891
+#: freeculture.xml:10030
msgid ""
"The response to this general illegality is either to enforce the law more "
"severely or to change the law. We, as a society, have to learn how to make "
#. PAGE BREAK 211
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9904
+#: freeculture.xml:10043
msgid ""
"My point is not the idiotic one: Just because people violate a law, we "
"should therefore repeal it. Obviously, we could reduce murder statistics "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9911
+#: freeculture.xml:10050
msgid ""
"My point is instead one that democracies understood for generations, but "
"that we recently have learned to forget. The rule of law depends upon people "
"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 introduced this different idea of \"sharing.\" We "
-"need to be able to call these twenty million Americans \"citizens,\" not "
-"\"felons.\""
+"of age since the Internet 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>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9925
+#: freeculture.xml:10064
msgid ""
"When at least forty-three million citizens download content from the "
"Internet, and when they use tools to combine that content in ways "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9937
+#: freeculture.xml:10076
msgid "This abstract point can be made more clear with a particular example."
msgstr ""
#. PAGE BREAK 212
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9940
+#: freeculture.xml:10079
msgid ""
"We all own CDs. Many of us still own phonograph records. These pieces of "
"plastic encode music that in a certain sense we have bought. The law "
"protects our right to buy and sell that plastic: It is not a copyright "
"infringement for me to sell all my classical records at a used record store "
-"and buy jazz records to replace them. That \"use\" of the recordings is "
-"free."
+"and buy jazz records to replace them. That <quote>use</quote> of the "
+"recordings is free."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9951
+#: freeculture.xml:10090
msgid ""
"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\" capacities of digital technologies."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9959
+#: freeculture.xml:10098
msgid "Adromeda"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9961
+#: freeculture.xml:10100
msgid ""
-"This \"use\" 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 music: Bach, Baroque, "
-"Love Songs, Love Songs of Significant Others—the potential is "
+"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 music: Bach, "
+"Baroque, Love Songs, Love Songs of Significant Others—the potential is "
"endless. And by reducing the costs of mixing play lists, these technologies "
"help build a creativity with play lists that is itself independently "
"valuable. Compilations of songs are creative and meaningful in their own "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9972
+#: freeculture.xml:10111
msgid ""
"This use is enabled by unprotected media—either CDs or records. But "
"unprotected media also enable file sharing. File sharing threatens (or so "
#. PAGE BREAK 213
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9982
+#: freeculture.xml:10121
msgid ""
"If these technologies took off, then the building of large archives of your "
"own music would become quite difficult. You might hang in hacker circles, "
"protection technologies would effectively destroy the archiving 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."
+"part of a massively complex <quote>digital rights management</quote> system."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9996
+#: freeculture.xml:10135
msgid ""
"If the only way to assure that artists get paid were the elimination of the "
"ability to freely move content, then these technologies to interfere with "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10005
+#: freeculture.xml:10144
msgid ""
"My point just now is not to prove that there is such a system. I offer a "
"version of such a system in the last chapter of this book. For now, the only "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10016
+#: freeculture.xml:10155
msgid ""
"I believe there is a way to assure that artists are paid without turning "
"forty-three million Americans into felons. But the salient feature of this "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10025
+#: freeculture.xml:10164
msgid ""
"Except that this generation's buggy manufacturers have already saddled "
"Congress, and are riding the law to protect themselves against this new form "
"as criminals and their own survival."
msgstr ""
+#. PAGE BREAK 214
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10031
+#: freeculture.xml:10170
msgid ""
"It is understandable why they choose as they do. It is not 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. There's one more aspect to this "
+"important as our tradition of free culture."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para>
+#: freeculture.xml:10183
+msgid ""
+"<emphasis role=\"strong\">There's one</emphasis> 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. "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:10050 freeculture.xml:10159
+#: freeculture.xml:10194 freeculture.xml:10304
msgid "von Lohmann, Fred"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10048
+#: freeculture.xml:10192
msgid ""
-"\"If you can treat someone as a putative lawbreaker,\" von Lohmann explains, "
-"<placeholder type=\"indexterm\" id=\"0\"/>"
+"<quote>If you can treat someone as a putative lawbreaker,</quote> von "
+"
Lohmann explains, <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:10054
+#: freeculture.xml:10198
msgid ""
"then all of a sudden a lot of basic civil liberty protections evaporate to "
"one degree or another. … 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 access? … Our sensibilities change as "
-"soon as we think, \"Oh, well, but that person's a criminal, a lawbreaker.\" "
-"Well, what this campaign against file sharing has done is turn a remarkable "
-"percentage of the American Internet-using population into \"lawbreakers.\""
+"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 American Internet-using population "
+"into <quote>lawbreakers.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10066
+#: freeculture.xml:10210
msgid ""
"And the consequence of this transformation of the American public into "
"criminals is that it becomes trivial, as a matter of due process, to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10071
+#: freeculture.xml:10215
msgid ""
"Users of the Internet began to see this generally in 2003 as the RIAA "
"launched its campaign to force Internet service providers to turn over the "
#. f20.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10089
-msgid ""
-"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 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?\" "
+#: freeculture.xml:10233
+msgid ""
+"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 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10080
+#: freeculture.xml:10224
msgid ""
"The RIAA then expanded this campaign, by announcing a general strategy to "
"sue individual users of the Internet who are alleged to have downloaded "
#. f21.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10107
+#: freeculture.xml:10251
msgid ""
-"See \"Revealed: How RIAA Tracks Downloaders: Music Industry Discloses Some "
-"
Methods Used,\" CNN.com, available at <ulink "
+"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>."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10103
+#: freeculture.xml:10247
msgid ""
"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.<placeholder type=\"footnote\" id=\"0\"/> 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.\""
+"MP3s will have the same <quote>fingerprint.</quote>"
msgstr ""
#. f22.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10128
-msgid ""
-"See Jeff Adler, \"Cambridge: On Campus, Pirates Are Not Penitent,\" "
-"<citetitle>Boston Globe</citetitle>, 18 May 2003, City Weekly, 1; Frank "
-"Ahrens, \"Four 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,\" "
+#: freeculture.xml:10272
+msgid ""
+"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 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, \"Music 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 "
-"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#48</ulink>; Benny Evangelista, \"Download Warning 101: Freshman 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 "
+"Robert Becker and Angela Rozas, <quote>Music Pirate Hunt Turns to Loyola; "
+"Two Students Names Are Handed Over; 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 #48</ulink>; Benny Evangelista, "
+"<quote>Download Warning 101: Freshman Orientation This Fall to Include "
+"Record Industry Warnings Against File 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."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10116
+#: freeculture.xml:10260
msgid ""
"So imagine the following not-implausible scenario: Imagine a friend gives a "
"CD to your daughter—a collection of songs just 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 network is \"cooperating\" 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 as "
-"a \"criminal.\" And under the rules that universities are beginning to "
-"deploy,<placeholder type=\"footnote\" id=\"0\"/> your daughter can lose the "
-"right to use the university's computer network. She can, in some cases, be "
-"expelled."
+"if the college 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 as a <quote>criminal.</quote> And under the rules "
+"that universities are beginning to deploy,<placeholder type=\"footnote\" "
+"id=\"0\"/> your daughter can lose the right to use the university's computer "
+"network. She can, in some cases, be expelled."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10147
+#: freeculture.xml:10292
msgid ""
"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 college students have already "
-"learned, our presumptions about innocence disappear in the middle of wars of "
-"prohibition. This war is no different. Says von Lohmann, <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"university might not believe her. It might treat this "
+"<quote>contraband</quote> as presumptive of guilt. And as any number of "
+"college students have already learned, our presumptions about innocence "
+"disappear in the middle of wars of prohibition. This war is no different. "
+"Says von Lohmann, <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:10163
+#: freeculture.xml:10308
msgid ""
"So when we're talking about numbers like forty to sixty million Americans "
"that are essentially copyright infringers, you create a situation where the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10183
+#: freeculture.xml:10328
msgid ""
-"When forty to sixty million Americans are considered \"criminals\" under the "
-"law, and when the law could achieve the same objective— securing "
-"rights to authors—without these millions being considered "
-"\"criminals,\" 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?"
+"When forty to sixty million Americans are considered "
+"<quote>criminals</quote> under the law, and when the law could achieve the "
+"same objective— securing rights to authors—without these "
+"millions being 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?"
msgstr ""
#. type: Content of: <book><part><title>
-#: freeculture.xml:10196
+#: freeculture.xml:10341
msgid "BALANCES"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10201
+#: freeculture.xml:10346
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10207
+#: freeculture.xml:10352
msgid ""
"As you ponder the mess, someone else comes along. In a panic, she grabs the "
"bucket. Before you have a chance to tell her to stop—or before she "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10215
+#: freeculture.xml:10360
msgid ""
"A war about copyright rages all around—and we're all focusing on the "
"wrong thing. No doubt, current technologies threaten existing businesses. "
#. PAGE BREAK 219
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10224
+#: freeculture.xml:10369
msgid ""
"Yet policy makers are not willing to leave this fire to itself. Primed with "
"plenty of lobbyists' money, they are keen to intervene to eliminate the "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10232
+#: freeculture.xml:10377
msgid ""
"Somehow we have to find a way to turn attention to this more important and "
"fundamental issue. Somehow we have to find a way to avoid pouring gasoline "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10237
+#: freeculture.xml:10382
msgid ""
"We have not found that way yet. Instead, we seem trapped in a simpler, "
"binary view. However much many people push to frame this debate more "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10243
+#: freeculture.xml:10388
msgid ""
"This challenge has been my life these last few years. It has also been my "
"failure. In the two chapters that follow, I describe one small brace of "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:10253
+#: freeculture.xml:10398
msgid "CHAPTER THIRTEEN: Eldred"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10255
+#: freeculture.xml:10400
msgid "Hawthorne, Nathaniel"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10258
+#: freeculture.xml:10403
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10267
+#: freeculture.xml:10412
msgid ""
"It didn't work—at least for his daughters. They didn't find Hawthorne "
"any more interesting than before. But Eldred's experiment gave birth to a "
#. PAGE BREAK 221
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10274
+#: freeculture.xml:10419
msgid ""
"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 across the world "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10285
+#: freeculture.xml:10430
msgid ""
"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 "
#. f1.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10309
+#: freeculture.xml:10454
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10298
+#: freeculture.xml:10443
msgid ""
"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 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.<placeholder type=\"footnote\" id=\"0\"/>"
+"for the taking. This has produced what we might 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.<placeholder "
+"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10326
+#: freeculture.xml:10471
msgid ""
"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 "
"period, more than 1 million patents will pass into the public domain."
msgstr ""
-#. f2.
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:10484 freeculture.xml:10494
+msgid "Bono, Mary"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
+#: freeculture.xml:10485 freeculture.xml:10495
+msgid "Bono, Sonny"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10347
-msgid ""
-"The full text is: \"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 Congress,\" 144 "
+#: freeculture.xml:10494
+msgid ""
+"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
+"id=\"1\"/> 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 Congress,</quote> 144 "
"Cong. Rec. H9946, 9951-2 (October 7, 1998)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10342
+#: freeculture.xml:10489
msgid ""
"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.\"<placeholder "
-"type=\"footnote\" id=\"0\"/>"
+"Mary Bono, says, believed that <quote>copyrights should be "
+"forever.</quote><placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10358
+#: freeculture.xml:10507
msgid ""
"Eldred decided to fight this law. He first resolved to fight it through "
"civil disobedience. In a series of interviews, Eldred announced that he "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10367
+#: freeculture.xml:10516
msgid ""
"It was here that I became involved in Eldred's battle. I was a "
"constitutional scholar whose first passion was constitutional "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:10378
+#: freeculture.xml:10527
msgid ""
"Congress has the power to promote the Progress of Science … by "
"securing for limited Times to Authors … exclusive Right to their "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10384
+#: freeculture.xml:10533
msgid ""
"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—for "
-"example, to regulate \"commerce among the several states\" or \"declare "
-"War.\" But here, the \"something\" is something quite specific—to "
-"\"promote … Progress\"—through means that are also "
-"specific— by \"securing\" \"exclusive Rights\" (i.e., copyrights) "
-"\"for limited Times.\""
+"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—to <quote>promote … "
+"Progress</quote>—through means that are also specific— by "
+"<quote>securing</quote> <quote>exclusive Rights</quote> (i.e., copyrights) "
+"<quote>for limited Times.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:10403 freeculture.xml:11860
+#: freeculture.xml:10552 freeculture.xml:12022
msgid "Jaszi, Peter"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10394
+#: freeculture.xml:10543
msgid ""
"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 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—perpetual terms \"on the installment plan,\" as Professor "
-"Peter Jaszi so nicely put it. <placeholder type=\"indexterm\" id=\"0\"/>"
+"requirement that terms be <quote>limited</quote> will have 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—perpetual terms <quote>on the installment plan,</quote> as "
+"Professor Peter Jaszi so nicely put it. <placeholder type=\"indexterm\" "
+"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10406
+#: freeculture.xml:10555
msgid ""
"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 consideration "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10417
+#: freeculture.xml:10566
msgid ""
"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 "
-"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 do—and those "
-"things that pay? Extending copyright terms pays."
+"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 "
+"do—and those things that pay? Extending copyright terms pays."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10426
+#: freeculture.xml:10575
msgid ""
"If that's not obvious to you, consider the following: Say you're one of the "
"very few lucky copyright owners whose copyright continues to make money one "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10436
+#: freeculture.xml:10585
msgid ""
"So imagine the Robert Frost estate is earning $100,000 a year from three of "
"Frost's poems. And imagine the copyright for those poems is about to "
#. PAGE BREAK 224
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10443
+#: freeculture.xml:10592
msgid ""
-"\"Next year,\" the adviser announces, \"our copyrights in works A, B, 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."
+"<quote>Next year,</quote> the adviser announces, <quote>our copyrights in "
+"works A, B, 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.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10451
+#: freeculture.xml:10600
msgid ""
-"\"There's a proposal in Congress, however,\" she continues, \"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 valuable to "
-"us. So we should hope this bill passes.\""
+"<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 valuable to us. So we should hope this bill passes.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10457
+#: freeculture.xml:10606
msgid ""
-"\"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>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10461
+#: freeculture.xml:10610
msgid ""
-"\"Well, obviously, yes,\" the adviser responds. \"We could contribute to the "
-"campaigns of a number of representatives to try to assure that they support "
-"the bill.\""
+"<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 they support the bill.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10466
+#: freeculture.xml:10615
msgid ""
"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?\""
+"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>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10472
+#: freeculture.xml:10621
msgid ""
-"\"Well,\" the adviser says, \"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), then "
-"this law would be worth $1,146,000 to the estate.\""
+"<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), then this law would be worth $1,146,000 to the estate.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10478
+#: freeculture.xml:10627
msgid ""
"You're a bit shocked by the number, but you quickly come to the correct "
"conclusion:"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10482
+#: freeculture.xml:10631
msgid ""
-"\"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 would "
-"assure that the bill was passed?\""
+"<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 would assure that the bill was passed?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10488
+#: freeculture.xml:10637
msgid ""
-"\"Absolutely,\" the adviser responds. \"It is worth it to you to contribute "
-"up to the `present value' of the income you expect from these "
-"copyrights. Which for us means over $1,000,000.\""
+"<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 copyrights. Which for us means over $1,000,000.</quote>"
msgstr ""
#. PAGE BREAK 225
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10494
+#: freeculture.xml:10643
msgid ""
"You quickly get the point—you as the member of the board and, I trust, "
"you the reader. Each time copyrights are about to expire, every beneficiary "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10505
+#: freeculture.xml:10654
msgid ""
"Thus a congressional perpetual motion machine: So long as legislation can be "
"bought (albeit indirectly), there will be all the incentive in the world to "
#. f3.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10517
+#: freeculture.xml:10666
msgid ""
-"Associated Press, \"Disney Lobbying for Copyright Extension No Mickey Mouse "
-"Effort; Congress OKs Bill Granting Creators 20 More Years,\" "
+"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."
msgstr ""
#. f4.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10524
+#: freeculture.xml:10673
msgid ""
-"See Nick Brown, \"Fair Use No More?: Copyright in the Information Age,\" "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link #49</ulink>."
+"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>."
msgstr ""
#. f5.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10532
+#: freeculture.xml:10681
msgid ""
-"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>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10510
+#: freeculture.xml:10659
msgid ""
"In the lobbying that led to the passage of the Sonny Bono Copyright Term "
-"Extension Act, this \"theory\" 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.<placeholder type=\"footnote\" "
-"id=\"0\"/> 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.<placeholder type=\"footnote\" id=\"1\"/> "
-"Disney is estimated to have contributed more than $800,000 to reelection "
-"campaigns in the cycle.<placeholder type=\"footnote\" id=\"2\"/>"
+"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.<placeholder "
+"type=\"footnote\" id=\"0\"/> 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.<placeholder type=\"footnote\" "
+"id=\"1\"/> Disney is estimated to have contributed more than $800,000 to "
+"
reelection campaigns in the cycle.<placeholder type=\"footnote\" id=\"2\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10539
+#: freeculture.xml:10688
msgid ""
"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 "
"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."
+"constitutional requirement that terms be <quote>limited.</quote> If they "
+"could extend it once, they would extend it again and again and again."
msgstr ""
#. PAGE BREAK 226
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10552
+#: freeculture.xml:10701
msgid ""
"It was also my judgment that <emphasis>this</emphasis> Supreme Court would "
"not allow Congress to extend existing terms. As anyone close to the Supreme "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10565
+#: freeculture.xml:10714
msgid ""
"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 include the power to "
-"regulate any activity that merely affected interstate commerce."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10575
+#: freeculture.xml:10724
msgid ""
"As the economy grew, this standard increasingly meant that there was no "
"limit to Congress's power to regulate, since just about every activity, when "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10581 freeculture.xml:11357
+#: freeculture.xml:10730 freeculture.xml:11515
msgid "Rehnquist, William H."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10583
+#: freeculture.xml:10732
msgid ""
"The Supreme Court, under Chief Justice Rehnquist's command, changed that in "
"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>. The "
#. f6.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10598
+#: freeculture.xml:10747
msgid ""
"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>, 514 "
"U.S. 549, 564 (1995)."
#. f7.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10605
+#: freeculture.xml:10754
msgid ""
"<citetitle>United States</citetitle> v. <citetitle>Morrison</citetitle>, 529 "
"U.S. 598 (2000)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10596
+#: freeculture.xml:10745
msgid ""
-"\"We pause to consider the implications of the government's arguments,\" the "
-"Chief Justice wrote.<placeholder type=\"footnote\" id=\"0\"/> If anything "
-"Congress says is interstate commerce must therefore be considered interstate "
-"commerce, then there would be no limit to Congress's power. The decision in "
-"<citetitle>Lopez</citetitle> was reaffirmed five years later in "
-"<citetitle>United States</citetitle> "
+"<quote>We pause to consider the implications of the government's "
+"arguments,</quote> the Chief Justice wrote.<placeholder type=\"footnote\" "
+"id=\"0\"/> If anything Congress says is interstate commerce must therefore "
+"be considered interstate commerce, then there would be no limit to "
+"Congress's power. The decision in <citetitle>Lopez</citetitle> was "
+"reaffirmed five years later in <citetitle>United States</citetitle> "
"v. <citetitle>Morrison</citetitle>.<placeholder type=\"footnote\" id=\"1\"/>"
msgstr ""
#. f8.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10612
+#: freeculture.xml:10761
msgid ""
"If it is a principle about enumerated powers, then the principle carries "
"from one enumerated power to another. The animating point in the context of "
"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—the limitation to \"limited times\" notwithstanding."
+"copyrights—the limitation to <quote>limited times</quote> "
+"notwithstanding."
msgstr ""
#. PAGE BREAK 227
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10609
+#: freeculture.xml:10758
msgid ""
"If a principle were at work here, then it should apply to the Progress "
"Clause as much as the Commerce Clause.<placeholder type=\"footnote\" "
"id=\"0\"/> And if it is applied to the Progress Clause, the principle should "
"yield the conclusion that Congress 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 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 term of existing copyrights."
+"Congress could extend an existing 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 term of existing copyrights."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10633
+#: freeculture.xml:10782
msgid ""
"<emphasis>If</emphasis>, that is, the principle announced in "
"<citetitle>Lopez</citetitle> stood for a principle. Many believed the "
"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 demonstrating the \"fidelity\" 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."
+"the decision, I wrote an article 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10646
+#: freeculture.xml:10795
msgid ""
"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 "
#. f9.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10669
+#: freeculture.xml:10818
msgid ""
"Brief of the Nashville Songwriters Association, "
"<citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.S. "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:10677
+#: freeculture.xml:10826
msgid "Nashville Songwriters Association"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10663
+#: freeculture.xml:10812
msgid ""
"Some people view the public domain with contempt. In their brief before the "
"Supreme Court, the Nashville Songwriters Association wrote that the public "
-"domain is nothing more than \"legal piracy.\"<placeholder type=\"footnote\" "
-"id=\"0\"/> But it is not piracy when the law allows it; and in our "
-"constitutional system, our law requires it. Some may not like the "
+"domain is nothing more than <quote>legal piracy.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/> But it is not piracy when the law allows it; "
+"and in our constitutional system, our law requires it. Some may not like the "
"Constitution's requirements, but that doesn't make the Constitution a "
"pirate's charter. <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10680
+#: freeculture.xml:10829
msgid ""
"As we've seen, our constitutional system requires limits on copyright as a "
"way to assure that copyright holders do not too heavily influence the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10692
+#: freeculture.xml:10841
msgid ""
"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, and no longer available as a result."
+"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."
msgstr ""
#. f10.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10713
+#: freeculture.xml:10862
msgid ""
"The figure of 2 percent is an extrapolation from the study by the "
"Congressional Research Service, in light of the estimated renewal "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10707
+#: freeculture.xml:10856
msgid ""
"If you look at the work created in the first twenty years (1923 to 1942) "
"affected by the Sonny Bono Copyright Term Extension Act, 2 percent of that "
#. PAGE BREAK 229
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10722
+#: freeculture.xml:10871
msgid ""
"Think practically about the consequence of this extension—practically, "
"as a businessperson, and not as a lawyer eager for more legal work. In 1930, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10734
+#: freeculture.xml:10884
msgid ""
"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 not "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10742
+#: freeculture.xml:10892
msgid ""
"Then for the books still under copyright, you would need to locate the "
"current copyright owners. How would you do that?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10746
+#: freeculture.xml:10896
msgid ""
"Most people think that there must be a list of these copyright owners "
"somewhere. Practical people think this way. How could there be thousands and "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10753
+#: freeculture.xml:10903
msgid ""
"But there is no list. There may be a name from 1930, and then in 1959, of "
"the person who registered the copyright. But just think practically about "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10762
+#: freeculture.xml:10912
msgid ""
-"\"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>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10767
+#: freeculture.xml:10917
msgid ""
"Well, actually, if you think about it, there <emphasis>are</emphasis> plenty "
"of lists of who owns what property. Think about deeds on houses, or titles "
#. PAGE BREAK 230
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10776
+#: freeculture.xml:10926
msgid ""
"So: You walk down a street and see a house. You can know who owns the house "
"by looking it up in the courthouse registry. If you see a car, there is "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10791
+#: freeculture.xml:10941
msgid ""
"Compare this story to intangible property. You go into a library. The "
"library owns the books. But who owns the copyrights? As I've already "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10803
+#: freeculture.xml:10953
msgid ""
"The consequence with respect to old books is that they won't be digitized, "
"and hence will simply rot away on shelves. But the consequence for other "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10808
+#: freeculture.xml:10959
msgid "Agee, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10809 freeculture.xml:11240
+#: freeculture.xml:10961 freeculture.xml:11398
msgid "Hal Roach Studios"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10810
+#: freeculture.xml:10962
msgid "Laurel and Hardy Films"
msgstr ""
#. f11.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10823
+#: freeculture.xml:10975
msgid ""
-"See David G. Savage, \"High Court Scene of Showdown on Copyright Law,\" "
-"<citetitle>Los Angeles Times</citetitle>, 6 October 2002; David Streitfeld, "
-"\"Classic Movies, Songs, Books at Stake; Supreme Court Hears Arguments Today "
-"on Striking Down Copyright Extension,\" <citetitle>Orlando Sentinel "
-"Tribune</citetitle>, 9 October 2002."
+"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 Down Copyright Extension,</quote> "
+"<citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:10829
+#: freeculture.xml:10981
msgid "Lucky Dog, The"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10812
+#: freeculture.xml:10964
msgid ""
"Consider the story of Michael Agee, chairman of Hal Roach Studios, which "
"owns the copyrights for the Laurel and Hardy films. Agee is a direct "
"Dog</citetitle>, is 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 "
-"videocassettes and 50,000 DVDs of the duo's silent films.\"<placeholder "
-"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"of money. According to one estimate, <quote>Roach has sold about 60,000 "
+"videocassettes and 50,000 DVDs of the duo's silent "
+"films.</quote><placeholder type=\"footnote\" id=\"0\"/> <placeholder "
+"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10832
+#: freeculture.xml:10984
msgid ""
"Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in this "
"culture: selflessness. He argued in a brief before the Supreme Court that "
#. PAGE BREAK 231
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10838
+#: freeculture.xml:10990
msgid ""
"His argument is straightforward. A tiny fraction of this work has any "
"continuing commercial value. The rest—to the extent it survives at "
#. f12.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10856
+#: freeculture.xml:11008
msgid ""
"Brief of Hal Roach Studios and Michael Agee as Amicus Curiae Supporting the "
"Petitoners, <citetitle>Eldred</citetitle> "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10849
+#: freeculture.xml:11001
msgid ""
"We can't know the benefits, but we do know a lot about the costs. For most "
"of the history of film, the costs of restoring film were very high; digital "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10866
+#: freeculture.xml:11018
msgid ""
"Restoration technology is not the only cost, nor the most important. "
"Lawyers, too, are a cost, and increasingly, a very important one. In "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10874
+#: freeculture.xml:11026
msgid ""
"Or more accurately, <emphasis>owners</emphasis>. As we've seen, there isn't "
"only a single copyright associated with a film; there are many. There isn't "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10882
+#: freeculture.xml:11034
msgid ""
-"\"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 "
#. PAGE BREAK 232
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10893
+#: freeculture.xml:11045
msgid ""
"For some films, the benefit of releasing the film may well exceed these "
"costs. But for the vast majority of them, there is no way the benefit would "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10903
+#: freeculture.xml:11056
msgid ""
"But by the time the copyright for these films expires, the film will have "
"expired. These films were produced on nitrate-based stock, and nitrate stock "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10911
+#: freeculture.xml:11064
msgid ""
"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.\""
+"tiny fraction, the copyright acts as an <quote>engine of free "
+"expression.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10920
+#: freeculture.xml:11073
msgid ""
"But even for that tiny fraction, the actual time during which the creative "
"work has a commercial life is extremely short. As I've indicated, most books "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10930
+#: freeculture.xml:11083
msgid ""
"Yet that doesn't mean the life of the creative work ends. We don't keep "
"libraries of books in order to compete with Barnes & Noble, and we don't "
#. PAGE BREAK 233
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10943
+#: freeculture.xml:11096
msgid ""
"Copyrights in this context do not drive an engine of free expression. In "
"this context, there is no need for an exclusive right. Copyrights in this "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10950
+#: freeculture.xml:11103
msgid ""
"Yet, for most of our history, they also did little harm. For most of our "
"history, when a work ended its commercial life, there was no "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10961
+#: freeculture.xml:11114
msgid ""
"The same was effectively true of film. Because the costs of restoring a "
"film—the real economic costs, not the lawyer costs—were so high, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10970
+#: freeculture.xml:11123
msgid ""
"In other words, though copyright has been relatively short for most of our "
"history, long copyrights wouldn't have mattered for the works that lost "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10976
+#: freeculture.xml:11129
msgid "But this situation has now changed."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10979
+#: freeculture.xml:11135
msgid ""
"One crucially important consequence of the emergence of digital technologies "
"is to enable the archive that Brewster Kahle dreams of. Digital "
#. PAGE BREAK 234
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10992
+#: freeculture.xml:11148
msgid ""
"And now copyright law does get in the way. Every step of producing this "
"digital archive of our culture infringes on the exclusive right of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11002
+#: freeculture.xml:11158
msgid ""
"Here is the core of the harm that comes from extending terms: Now that "
"technology enables us to rebuild the library of Alexandria, the law gets in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11013
+#: freeculture.xml:11169
msgid ""
-"You may well ask, \"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 culture widely?\""
+"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 culture "
+"widely?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11019
+#: freeculture.xml:11175
msgid ""
"Maybe. Someday. But there is absolutely no evidence to suggest that "
"publishers would be as complete as libraries. If Barnes & 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 think the role of a library is "
-"bigger than this—if you think its role is to archive culture, whether "
-"there's a demand for any particular bit of that culture or not—then we "
-"can't count on the commercial market to do our library work for us."
+"what <quote>the market</quote> would demand. But if you think the role of a "
+"library is bigger than this—if you think its role is to archive "
+"culture, whether there's a demand for any particular bit of that culture or "
+"not—then we can't count on the commercial market to do our library "
+"work for us."
msgstr ""
#. f13.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11042
+#: freeculture.xml:11199
msgid ""
-"Jason Schultz, \"The Myth of the 1976 Copyright `Chaos' Theory,\" 20 "
-"December 2002, available at <ulink "
+"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>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11030
+#: freeculture.xml:11187
msgid ""
"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 culture. My "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11049
+#: freeculture.xml:11206
msgid ""
"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."
+"Constitution's <quote>limited Times</quote> requirement, and (2) that "
+"extending terms by another twenty years violated the First Amendment."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11057
+#: freeculture.xml:11214
msgid ""
"The district court dismissed our claims without even hearing an argument. A "
"panel of the Court of Appeals for the D.C. Circuit also dismissed our "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11064
+#: freeculture.xml:11221
msgid ""
"Judge David Sentelle said the CTEA violated the requirement that copyrights "
-"be for \"limited Times\" only. His argument was as elegant as it was simple: "
-"If Congress can extend existing terms, then there is no \"stopping point\" "
-"to Congress's power under the Copyright Clause. The 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 interpretation, Judge Sentelle "
-"argued, would be to deny Congress the power to extend existing terms."
+"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 "
+"<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 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11075
+#: freeculture.xml:11232
msgid ""
"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."
+"the court will sit <quote>en banc</quote> to hear the case."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11237
+msgid "Tatel, David"
msgstr ""
#. PAGE BREAK 236
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11081
+#: freeculture.xml:11239
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11090
+#: freeculture.xml:11248
msgid ""
"It was here that most expected Eldred v. Ashcroft would die, for the Supreme "
"Court rarely reviews any decision by a court of appeals. (It hears about one "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11097
+#: freeculture.xml:11255
msgid ""
"But in February 2002, the Supreme Court surprised the world by granting our "
"petition to review the D.C. Circuit opinion. Argument was set for October of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11103
+#: freeculture.xml:11261
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11113
+#: freeculture.xml:11271
msgid ""
"But my client and these friends were wrong. This case could have been "
"won. It should have been won. And no matter how hard I try to retell this "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11118 freeculture.xml:11132
+#: freeculture.xml:11276 freeculture.xml:11290
msgid "Steward, Geoffrey"
msgstr ""
#. PAGE BREAK 237
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11120
+#: freeculture.xml:11278
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11130 freeculture.xml:11480 freeculture.xml:11496 freeculture.xml:11589 freeculture.xml:11803 freeculture.xml:11834 freeculture.xml:11927
+#: freeculture.xml:11288 freeculture.xml:11639 freeculture.xml:11655 freeculture.xml:11749 freeculture.xml:11965 freeculture.xml:11996 freeculture.xml:12089
msgid "Ayer, Don"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11131
+#: freeculture.xml:11289
msgid "Bromberg, Dan"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11134
+#: freeculture.xml:11292
msgid ""
"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 told me, if we could "
-"make the issue seem \"important\" to the Supreme 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.\""
+"make the issue seem <quote>important</quote> to the Supreme Court. It had to "
+"seem as if dramatic harm were being done to free speech and free culture; "
+"otherwise, they would never vote against <quote>the most powerful media "
+"companies in the world.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11144
+#: freeculture.xml:11302
msgid ""
"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 "
-"framers of our Constitution did would yield the conclusion that the CTEA was "
+"important they believe the issues are is just wrong. It might be "
+"<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 of what "
"the First Amendment means would yield the conclusion that the power to "
"extend existing copyright terms is unconstitutional, I was not persuaded "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11165
+#: freeculture.xml:11323
msgid ""
"In any case, I thought, the Court must already see the danger and the harm "
"caused by this sort of law. Why else would they grant review? There was no "
#. PAGE BREAK 238
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11173
+#: freeculture.xml:11331
msgid ""
"There was one way, however, in which I felt politics would matter and in "
"which I thought a response was appropriate. I was convinced that the Court "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11204 freeculture.xml:11230
+#: freeculture.xml:11362 freeculture.xml:11388
msgid "Eagle Forum"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11205
+#: freeculture.xml:11363
msgid "Schlafly, Phyllis"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11192
+#: freeculture.xml:11350
msgid ""
"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 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 power of money. Schlafly enumerated Disney's "
+"allowing the law to pass. As she wrote, <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 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. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11208
+#: freeculture.xml:11366
msgid ""
"In the Court of Appeals, Eagle Forum was eager to file a brief supporting "
"our position. Their brief made the argument that became the core claim in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11216
+#: freeculture.xml:11374
msgid ""
"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 Software "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11237
+#: freeculture.xml:11395
msgid "American Association of Law Libraries"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11238
+#: freeculture.xml:11396
msgid "National Writers Union"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11233
+#: freeculture.xml:11391
msgid ""
"Those briefs framed a legal argument. Then to support the legal argument, "
"there were a number of powerful briefs by libraries and archives, including "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11242
+#: freeculture.xml:11400
msgid ""
"But two briefs captured the policy argument best. One made the argument I've "
"already described: A brief by Hal Roach Studios argued that unless the law "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11248
+#: freeculture.xml:11406
msgid "Akerlof, George"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11249
+#: freeculture.xml:11407
msgid "Arrow, Kenneth"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11250
+#: freeculture.xml:11408
msgid "Buchanan, James"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11251
+#: freeculture.xml:11409
msgid "Coase, Ronald"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11252
+#: freeculture.xml:11410
msgid "Friedman, Milton"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11254
+#: freeculture.xml:11412
msgid ""
"This economists' brief was signed by seventeen economists, including five "
"Nobel Prize winners, including Ronald Coase, James Buchanan, Milton "
"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 nothing more than \"rent-seeking\"—the "
-"fancy term economists use to describe special-interest legislation gone "
-"wild."
+"create. Such extensions were nothing more than "
+"<quote>rent-seeking</quote>—the fancy term economists use to describe "
+"special-interest legislation gone wild."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11277 freeculture.xml:11293 freeculture.xml:11487 freeculture.xml:11839
+#: freeculture.xml:11435 freeculture.xml:11451 freeculture.xml:11646 freeculture.xml:12001
msgid "Fried, Charles"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11278
+#: freeculture.xml:11436
msgid "Morrison, Alan"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11279
+#: freeculture.xml:11437
msgid "Public Citizen"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:11280 freeculture.xml:11481 freeculture.xml:12571
+#: freeculture.xml:11438 freeculture.xml:11640 freeculture.xml:12747
msgid "Reagan, Ronald"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11265
+#: freeculture.xml:11423
msgid ""
"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 us from "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11283
+#: freeculture.xml:11441
msgid ""
"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 media "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11296
+#: freeculture.xml:11454
msgid ""
"The government, in defending the statute, had its collection of friends, as "
-"well. Significantly, however, none of these \"friends\" included historians "
-"or economists. The briefs on the other side of the case were written "
-"exclusively by major media companies, congressmen, and copyright holders."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11303
+#: freeculture.xml:11461
msgid ""
"The media companies were not surprising. They had the most to gain from the "
"law. The congressmen were not surprising either—they were defending "
#. f14.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11319
+#: freeculture.xml:11477
msgid ""
"Brief of Amici Dr. Seuss Enterprise et al., <citetitle>Eldred</citetitle> "
"v. <citetitle>Ashcroft</citetitle>, 537 U.S. (2003) (No. 01-618), 19."
#. f15.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11327
+#: freeculture.xml:11485
msgid ""
-"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."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11334
+#: freeculture.xml:11492
msgid "Gershwin, George"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11312
+#: freeculture.xml:11470
msgid ""
"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— better "
"than allowing it to fall into the public domain—because if this "
-"creativity were in the public domain, then people could use it to \"glorify "
-"drugs or to create pornography.\"<placeholder type=\"footnote\" id=\"0\"/> "
-"That was also the motive of the Gershwin estate, which defended its "
-"\"protection\" 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.<placeholder type=\"footnote\" id=\"1\"/> "
-"That's their view of how this part of American culture should be controlled, "
-"and they wanted this law to help them effect that control. <placeholder "
-"type=\"indexterm\" id=\"2\"/>"
+"creativity were in the public domain, then people could use it to "
+"<quote>glorify drugs or to create pornography.</quote><placeholder "
+"type=\"footnote\" id=\"0\"/> That was also the motive of the Gershwin "
+"estate, which defended its <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.<placeholder type=\"footnote\" id=\"1\"/> That's their view of how this "
+"part of American culture should be controlled, and they wanted this law to "
+"help them effect that control. <placeholder type=\"indexterm\" id=\"2\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11337
+#: freeculture.xml:11495
msgid ""
"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 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 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."
+"Congress and say, <quote>Give us twenty years to control the speech about "
+"these icons of American culture. We'll do 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11349
+#: freeculture.xml:11507
msgid ""
"We argued as much in a final brief. Not only would upholding the CTEA mean "
"that there was no limit to the power of Congress to extend "
"case. Early on, as I said, I set the strategy."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11516 freeculture.xml:11694
+msgid "O'Connor, Sandra Day"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11359
+#: freeculture.xml:11518
msgid ""
"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, 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."
+"<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 "
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11368 freeculture.xml:11392 freeculture.xml:11732 freeculture.xml:11744
+#: freeculture.xml:11527 freeculture.xml:11551 freeculture.xml:11893 freeculture.xml:11905
msgid "Breyer, Stephen"
msgstr ""
#. PAGE BREAK 242
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11370
+#: freeculture.xml:11529
msgid ""
"The Rest were the four Justices who had strongly opposed limits on "
"Congress's power. These four—Justice Stevens, Justice Souter, Justice "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11382
+#: freeculture.xml:11541
msgid ""
"In particular, the least likely was Justice Ginsburg's. In addition to her "
"general view about deference to Congress (except where issues of gender are "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11394
+#: freeculture.xml:11553
msgid ""
"Close behind Justice Ginsburg were two justices whom we also viewed as "
"unlikely allies, though possible surprises. Justice Souter strongly favored "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11402
+#: freeculture.xml:11561
msgid ""
"The only vote we could be confident about was that of Justice "
"Stevens. History will record Justice Stevens as one of the greatest judges "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11410
+#: freeculture.xml:11569
msgid ""
-"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—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—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."
msgstr ""
#. PAGE BREAK 243
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11420
+#: freeculture.xml:11579
msgid ""
"This then was the core of our strategy—a strategy for which I am "
"responsible. We would get the Court to see that just as with the "
"<citetitle>Lopez</citetitle> 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 "
+"that this power was 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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11434
+#: freeculture.xml:11593
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11441
+#: freeculture.xml:11600
msgid ""
"There was some truth to the government's claim, but not much. We certainly "
"agreed that Congress had extended existing terms in 1831 and in 1909. And of "
#. PAGE BREAK 244
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11448
+#: freeculture.xml:11607
msgid ""
-"But this \"consistency\" 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 extensions "
-"are in contrast to the now regular practice of extending existing "
+"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 "
+"extensions are in contrast to the now regular practice of extending existing "
"terms. Whatever restraint Congress had had in the past, that restraint was "
"now gone. Congress was now in a cycle of extensions; there 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. 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 help in "
-"the case. Such \"moots\" are basically practice rounds, where wannabe "
-"justices fire questions at wannabe winners."
+"weeks, I was repeatedly <quote>mooted</quote> by lawyers who had volunteered "
+"to help in the case. Such <quote>moots</quote> are basically practice "
+"rounds, where wannabe justices fire questions at wannabe winners."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11471
+#: freeculture.xml:11630
msgid ""
"I was convinced that to win, I had to keep the Court focused on a single "
"point: that if this extension is permitted, then there is no limit to the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11483
+#: freeculture.xml:11642
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11490
+#: freeculture.xml:11649
msgid ""
-"\"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—passionately get them to see the harm. For if they don't see "
-"that, then we haven't any chance of winning.\""
+"that, then we haven't any chance of winning.</quote>"
msgstr ""
#. PAGE BREAK 245
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11498
+#: freeculture.xml:11657
msgid ""
"He may have argued many cases before this Court, I thought, but he didn't "
"understand its soul. As a clerk, I had seen the Justices do the right "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11515
+#: freeculture.xml:11674
msgid ""
"Not everyone has to wait in line. People who know the Justices can ask for "
"seats they control. (I asked Justice Scalia's chambers for seats for my "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11530
+#: freeculture.xml:11689
msgid ""
"When the Chief Justice called me to begin my argument, I began where I "
"intended to stay: on the question of the limits on Congress's power. This "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11536
+#: freeculture.xml:11696
msgid ""
"Justice O'Connor stopped me within one minute of my opening. The history "
"was bothering her."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11541
+#: freeculture.xml:11701
msgid ""
"justice o'connor: Congress has extended the term so often through the years, "
"and if you are right, don't we run the risk of upsetting previous extensions "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11548
+#: freeculture.xml:11708
msgid ""
-"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 was to "
-"emphasize limits on Congress's power."
+"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."
msgstr ""
#. PAGE BREAK 246
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11554
+#: freeculture.xml:11714
msgid ""
"mr. lessig: Well, if it flies in the face of what the framers had in mind, "
"then the question is, is there a way of interpreting their words that gives "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11562
+#: freeculture.xml:11722
msgid ""
"There were two points in this argument when I should have seen where the "
"Court was going. The first was a question by Justice Kennedy, who observed,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11568
+#: freeculture.xml:11728
msgid ""
"justice kennedy: Well, I suppose implicit in the argument that the '76 act, "
"too, should have been declared void, and that we might leave it alone "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11576
+#: freeculture.xml:11736
msgid ""
"Here follows my clear mistake. Like a professor correcting a student, I "
"answered,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11582
+#: freeculture.xml:11742
msgid ""
"mr. lessig: Justice, we are not making an empirical claim at all. Nothing "
"in our Copyright Clause claim hangs upon the empirical assertion about "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11591
+#: freeculture.xml:11751
msgid ""
"That was a correct answer, but it wasn't the right answer. The right answer "
"was instead that there was an obvious and profound harm. Any number of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11598
+#: freeculture.xml:11758
msgid ""
"The second came from the Chief, for whom the whole case had been "
"crafted. For the Chief Justice had crafted the <citetitle>Lopez</citetitle> "
#. PAGE BREAK 247
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11603
+#: freeculture.xml:11763
msgid ""
"It was clear a second into his question that he wasn't at all sympathetic. "
"To him, we were a bunch of anarchists. As he asked:"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11610
+#: freeculture.xml:11770
msgid ""
"chief justice: Well, but you want more than that. You want the right to copy "
"verbatim other people's books, don't you?"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11614
+#: freeculture.xml:11774
msgid ""
"mr. lessig: We want the right to copy verbatim works that should be in the "
"public domain and would be in the public domain but for a statute that "
"proper reading of the limits built into the Copyright Clause."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11782
+msgid "Olson, Theodore B."
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11623
+#: freeculture.xml:11784
msgid ""
"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 asked Solicitor "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11629
+#: freeculture.xml:11790
msgid ""
"justice scalia: You say that the functional equivalent of an unlimited time "
"would be a violation [of the Constitution], but that's precisely the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11637
+#: freeculture.xml:11798
msgid ""
"When Olson was finished, it was my turn to give a closing rebuttal. Olson's "
"flailing had revived my anger. But my anger still was directed to the "
#. PAGE BREAK 248
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11650
+#: freeculture.xml:11811
msgid ""
"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 answered "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11658
+#: freeculture.xml:11819
msgid ""
"The government had been asked over and over again, what is the limit? Over "
"and over again, it had answered there is no limit. This was precisely the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11673
+#: freeculture.xml:11834
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11680
+#: freeculture.xml:11841
msgid ""
"A few seconds later, the opinions arrived by e-mail. I took the phone off "
"the hook, posted an announcement to our blog, and sat down to see where I "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11685
+#: freeculture.xml:11846
msgid ""
"My <emphasis>reasoning</emphasis>. Here was a case that pitted all the money "
"in the world against <emphasis>reasoning</emphasis>. And here was the last "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11691
+#: freeculture.xml:11852
msgid ""
"I first scoured the opinion, looking for how the Court would distinguish the "
"principle in this case from the principle in "
#. PAGE BREAK 249
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11700
+#: freeculture.xml:11861
msgid ""
"Justice Ginsburg simply ignored the enumerated powers argument. Consistent "
"with her view that Congress's power was not limited generally, she had found "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11705
+#: freeculture.xml:11866
msgid ""
"Her opinion was perfectly reasonable—for her, and for Justice "
"Souter. Neither believes in <citetitle>Lopez</citetitle>. It would be too "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11711
+#: freeculture.xml:11872
msgid ""
"But as I realized what had happened, I couldn't quite believe what I was "
"reading. I had said there was no way this Court could reconcile limited "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11722
+#: freeculture.xml:11883
msgid ""
"Yet by what right did they get to choose which of the framers' values they "
"would respect? By what right did they—the silent five—get to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11734
+#: freeculture.xml:11895
msgid ""
"Justices Breyer and Stevens wrote very strong dissents. Stevens's opinion "
"was crafted internal to the law: He argued that the tradition of "
#. PAGE BREAK 250
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11747
+#: freeculture.xml:11908
msgid ""
"Justice Breyer's opinion, perhaps the best opinion he has ever written, was "
"external to the Constitution. He argued that the term of copyrights has "
"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 \"limited,\" and the existing term was so "
-"long as to be effectively unlimited, then it was unconstitutional."
+"Constitution said a term had to be <quote>limited,</quote> and the existing "
+"term was so long as to be effectively unlimited, then it was "
+"unconstitutional."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11758
+#: freeculture.xml:11919
msgid ""
"These two justices understood all the arguments we had made. But because "
"neither believed in the <citetitle>Lopez</citetitle> case, neither was "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11765
+#: freeculture.xml:11926
msgid ""
"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."
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11930
+msgid "originalism"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11770
+#: freeculture.xml:11932
msgid ""
-"It was first anger with the five \"Conservatives.\" It would have been one "
-"thing for them to have explained why the principle of "
+"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 proper mode of interpreting the Constitution is \"originalism\"—to "
-"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?"
+"the proper mode of interpreting the Constitution is "
+"<quote>originalism</quote>—to 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 <quote>originalist</quote> rulings. Where was their "
+"<quote>originalism</quote> now?"
msgstr ""
#. PAGE BREAK 251
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11783
+#: freeculture.xml:11945
msgid ""
"Here, they had joined an opinion that never once tried to explain what the "
"framers had meant by crafting the Progress Clause as they did; they joined "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11798
+#: freeculture.xml:11960
msgid ""
"My anger with the Conservatives quickly yielded to anger with myself. For I "
"had let a view of the law that I liked interfere with a view of the law as "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11805
+#: freeculture.xml:11967
msgid ""
"Most lawyers, and most law professors, have little patience for idealism "
"about courts in general and this Supreme Court in particular. Most have a "
#. PAGE BREAK 252
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11816
+#: freeculture.xml:11978
msgid ""
"As I read back over the transcript from that argument in October, I can see "
"a hundred places where the answers could have taken the conversation in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11836
+#: freeculture.xml:11998
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11842
+#: freeculture.xml:12004
msgid ""
"My friends huddled around me to insist it would not. The Court was not "
"ready, my friends insisted. This was a loss that was destined. It would take "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11848
+#: freeculture.xml:12010
msgid ""
"Maybe, but I doubt it. These Justices have no financial interest in doing "
"anything except the right thing. They are not lobbied. They have little "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11855
+#: freeculture.xml:12017
msgid ""
"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 issue "
-"should not be raised until it is. <placeholder type=\"indexterm\" "
+"was a mistake. <quote>The Court is not ready,</quote> Peter Jaszi said; this "
+"
issue should not be raised until it is. <placeholder type=\"indexterm\" "
"id=\"0\"/>"
msgstr ""
#. PAGE BREAK 253
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11863
+#: freeculture.xml:12025
msgid ""
"After the argument and after the decision, Peter said to me, and publicly, "
"that he was wrong. But if indeed that Court could not have been persuaded, "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11884
+#: freeculture.xml:12046
msgid ""
"In effect, the Supreme Court's decision makes it likely that we are seeing "
"the beginning of the end of public domain and the birth of copyright "
msgstr ""
#. type: Content of: <book><part><chapter><figure><indexterm><primary>
-#: freeculture.xml:11898 freeculture.xml:11903
+#: freeculture.xml:12060 freeculture.xml:12065
msgid "Bolling, Ruben"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11893
+#: freeculture.xml:12055
msgid ""
"The best responses were in the cartoons. There was a gaggle of hilarious "
"images—of Mickey in jail and the like. The best, from my view of the "
"case, was Ruben Bolling's, reproduced on the next page (<xref "
-"linkend=\"fig-18\"/>). The \"powerful and wealthy\" line is a bit "
+"linkend=\"fig-18\"/>). The <quote>powerful and wealthy</quote> line is a bit "
"unfair. But the punch in the face felt exactly like that. <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><figure><title>
-#: freeculture.xml:11901
+#: freeculture.xml:12063
msgid "Tom the Dancing Bug cartoon"
msgstr ""
#. type: Content of: <book><part><chapter><figure>
-#: freeculture.xml:11902
+#: freeculture.xml:12064
msgid ""
"<graphic fileref=\"images/18.png\"></graphic> <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11906
+#: freeculture.xml:12068
msgid ""
"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 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."
+"<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."
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:11917
+#: freeculture.xml:12079
msgid "CHAPTER FOURTEEN: Eldred II"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11919
+#: freeculture.xml:12081
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11929
+#: freeculture.xml:12091
msgid ""
"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 Justice Kennedy: \"For all "
-"these years the act has impeded progress in 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, finally, I turned to an argument "
-"of politics."
+"alternating with that command was the question of 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 that.</quote> And "
+"so, having failed in the argument of constitutional principle, finally, I "
+"turned to an argument of politics."
msgstr ""
#. PAGE BREAK 256
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11939
+#: freeculture.xml:12101
msgid ""
"<citetitle>The New York Times</citetitle> published the piece. In it, I "
"proposed a simple fix: Fifty years after a work has been published, the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11947
+#: freeculture.xml:12109
msgid ""
"We called this the Eldred Act, but that was just to give it a name. Eric "
"Eldred was kind enough to let his name be used once again, but as he said "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11952
+#: freeculture.xml:12114
msgid ""
"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 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 everything else, let the content go."
+"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 everything else, let "
+"the content go."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11960 freeculture.xml:12160
+#: freeculture.xml:12122 freeculture.xml:12322
msgid "Forbes, Steve"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11962
+#: freeculture.xml:12124
msgid ""
"The reaction to this idea was amazingly strong. Steve Forbes endorsed it in "
"an editorial. I received an avalanche of e-mail and letters expressing "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11974
+#: freeculture.xml:12136
msgid ""
"Indeed, many recognized the obvious benefit of the registration "
"requirement. For one of the hardest things about the current system for "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11984
+#: freeculture.xml:12146
msgid "Berlin Act (1908)"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11985 freeculture.xml:12025
+#: freeculture.xml:12147 freeculture.xml:12187
msgid "Berne Convention (1908)"
msgstr ""
#. f1.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11993
+#: freeculture.xml:12155
msgid ""
"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 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 copyright. French law, for example, requires the "
-"deposit of copies of works in national repositories, principally the "
-"National Museum. Copies of books published in the United Kingdom must be "
-"deposited in the British Library. The German Copyright Act provides for a "
-"Registrar 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), 153–54."
+"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 copyright. French "
+"law, for example, requires the deposit of copies of works in national "
+"repositories, principally the National Museum. Copies of books published in "
+"the United Kingdom must be deposited in the British Library. The German "
+"Copyright Act provides for a Registrar 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), 153–54."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11988
+#: freeculture.xml:12150
msgid ""
"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.<placeholder type=\"footnote\" id=\"0\"/> The "
-"Europeans are said to view copyright as a \"natural right.\" 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 respect the dignity of "
-"the author. My right as a creator turns on my creativity, not upon the "
-"special favor of the government."
+"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 "
+"respect the dignity of the author. My right as a creator turns on my "
+"creativity, not upon the special favor of the government."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12019
+#: freeculture.xml:12181
msgid ""
"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 know what's "
-"protected and what's not."
+"without formalities harms the creator. The ability to spread <quote>Walt "
+"Disney creativity</quote> is destroyed when there is no simple way to know "
+"what's protected and what's not."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12027
+#: freeculture.xml:12189
msgid ""
"The fight against formalities achieved its first real victory in Berlin in "
"1908. International copyright lawyers amended the Berne Convention in 1908, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12037
+#: freeculture.xml:12199
msgid ""
"These complaints were real and sensible. And the strictness of the "
"formalities, especially in the United States, was absurd. The law should "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12045
+#: freeculture.xml:12207
msgid ""
"Even that would have been resisted, however, because registration in the "
"nineteenth and twentieth centuries was still expensive. It was also a "
#. PAGE BREAK 258
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12053
+#: freeculture.xml:12215
msgid ""
"In addition to the practical complaint of authors in 1908, there was a moral "
"claim as well. There was no reason that creative property 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,\" 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."
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12065
+#: freeculture.xml:12227
msgid ""
"This argument is correct, but its implications are misleading. For the "
"argument in favor of formalities does not depend upon creative property "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12074
+#: freeculture.xml:12236
msgid ""
"No one thinks, for example, that land is second-class property just because "
"you have to register a deed with a court if your sale of land is to be "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12090
+#: freeculture.xml:12252
msgid ""
"It is similarly special physics that makes formalities important in "
"copyright law. Unlike a carpenter's table, there's nothing in nature that "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12105
+#: freeculture.xml:12267
msgid ""
"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 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 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."
+"tried to demonstrate to the Court. This was the part it 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 "
+"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."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12115
+#: freeculture.xml:12277
msgid ""
"But now that copyrights can be just about a century long, the inability to "
"know what is protected and what is not protected becomes a huge and obvious "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12124
+#: freeculture.xml:12286
msgid ""
"The Eldred Act was designed to respond to exactly this problem. If it is "
"worth $1 to you, then register your work and you can get the longer "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12131
+#: freeculture.xml:12293
msgid ""
"If it isn't worth it to you to register to get the benefit of an extended "
"term, then it shouldn't be worth it for the government to defend your "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12138
+#: freeculture.xml:12300
msgid ""
"Some worry about the burden on authors. Won't the burden of registering the "
"work mean that the $1 is really misleading? Isn't the hassle worth more than "
#. PAGE BREAK 260
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12144
+#: freeculture.xml:12306
msgid ""
"It is. The hassle is terrible. The system that exists now is awful. I "
"completely agree that the Copyright Office has done a terrible job (no doubt "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12162
+#: freeculture.xml:12324
msgid ""
"When Steve Forbes endorsed the idea, some in Washington began to pay "
"attention. Many people contacted me pointing to representatives who might be "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:12175
+#: freeculture.xml:12337
msgid "Lofgren, Zoe"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12168
+#: freeculture.xml:12330
msgid ""
"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 something good might happen here. <placeholder "
-"type=\"indexterm\" id=\"0\"/>"
+"the Eldred Act blog, <quote>we are close.</quote> There was a general "
+"reaction in the blog community that something good might happen here. "
+"<placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12178
+#: freeculture.xml:12340
msgid ""
"But at this stage, the lobbyists began to intervene. Jack Valenti and the "
"MPAA general counsel came to the congresswoman's office to give the view of "
#. PAGE BREAK 261
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12186
+#: freeculture.xml:12348
msgid ""
-"The MPAA argued first that Congress had \"firmly rejected the central "
-"concept in the proposed bill\"—that copyrights be renewed. That was "
-"true, but irrelevant, as Congress's \"firm rejection\" had occurred long "
-"before the Internet made subsequent uses much more likely. Second, they "
-"argued that the proposal would harm poor copyright owners—apparently "
-"those who could not afford the $1 fee. Third, they argued that Congress had "
-"determined that extending a copyright 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 argued that the bill would impose \"enormous\" 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 copyright to "
-"a story underlying a film were to pass into the public domain. But what risk "
-"is that? If it is in the public domain, then the film is a valid derivative "
-"use."
+"The MPAA argued first that Congress had <quote>firmly rejected the central "
+"concept in the proposed bill</quote>—that copyrights be renewed. That "
+"was true, but irrelevant, as Congress's <quote>firm rejection</quote> had "
+"occurred long before the Internet made subsequent uses much more likely. "
+"Second, they argued that the proposal would harm poor copyright "
+"owners—apparently those who could not afford the $1 fee. Third, they "
+"argued that Congress had determined that extending a copyright 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 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 copyright to a story underlying a film were "
+"to pass into the public domain. But what risk is that? If it is in the "
+"public domain, then the film is a valid derivative use."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12207
+#: freeculture.xml:12369
msgid ""
"Finally, the MPAA argued that existing law enabled copyright owners to do "
"this if they wanted. But the whole point is that there are thousands of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12215
+#: freeculture.xml:12377
msgid ""
"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, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12225
+#: freeculture.xml:12387
msgid ""
"I used these two cases as a way to frame the war that this book has been "
"about. For here, too, a new technology is forcing the law to react. And "
#. PAGE BREAK 262
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12234
+#: freeculture.xml:12396
msgid ""
"When the issue is piracy, it is right for the law to back the copyright "
"owners. The commercial piracy that I described is wrong and harmful, and the "
"resistance."
msgstr ""
-#. type: Content of: <book><part><chapter><
para><indexterm><primary>
-#: freeculture.xml:12253
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:12406
msgid "Kelly, Kevin"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12245
+#: freeculture.xml:12408
msgid ""
"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 oppose a change like this, we should ask one "
-"simple question: <placeholder type=\"indexterm\" id=\"0\"/>"
+"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:"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12256
+#: freeculture.xml:12418
msgid "What does this industry really want?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12259
+#: freeculture.xml:12421
msgid ""
"With very little effort, the warriors could protect their content. So the "
"effort to block something like the Eldred Act is not really about protecting "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12270
+#: freeculture.xml:12432
msgid ""
"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 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>."
+"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>."
msgstr ""
#. PAGE BREAK 263
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12278
+#: freeculture.xml:12440
msgid ""
"It is not hard to understand why the warriors take this view. It is not hard "
"to see why it would benefit them if the competition of the public domain "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12290
+#: freeculture.xml:12452
msgid ""
"What is hard to understand is why the public takes this view. It is as if "
"the law made airplanes trespassers. The MPAA stands with the Causbys and "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12297
+#: freeculture.xml:12459
msgid ""
"All this seems to follow easily from this untroubled acceptance of the "
-"\"property\" in intellectual property. Common sense supports it, and so 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 owner and gain "
-"permission to build upon his work. The future will be controlled by this "
-"dead (and often unfindable) hand of the past."
+"<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 "
+"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."
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:12309
+#: freeculture.xml:12471
msgid "CONCLUSION"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:12473
+msgid "antiretroviral drugs"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:12476
+msgid "HIV/AIDS therapies"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:12479
+msgid "Africa, medications for HIV patients in"
+msgstr ""
+
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12311
+#: freeculture.xml:12482
msgid ""
"There are more than 35 million people with the AIDS virus "
"worldwide. Twenty-five million of them live in sub-Saharan Africa. "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12318
+#: freeculture.xml:12489
msgid ""
"There is no cure for AIDS, but there are drugs to slow its progression. "
"These antiretroviral therapies are still experimental, but they have already "
#. f1.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12333
+#: freeculture.xml:12504
msgid ""
-"Commission on Intellectual Property Rights, \"Final Report: Integrating "
-"Intellectual Property Rights and Development Policy\" (London, 2002), "
+"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 issued 9 "
"July 2002, only 230,000 of the 6 million who need drugs in the developing "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12326
+#: freeculture.xml:12497
msgid ""
"These drugs are expensive. When they were first introduced in the United "
"States, they cost between $10,000 and $15,000 per person per year. Today, "
#. PAGE BREAK 265
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12344
+#: freeculture.xml:12515
msgid ""
"These prices are not high because the ingredients of the drugs are "
"expensive. These prices are high because the drugs are protected by "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12352
+#: freeculture.xml:12523
msgid ""
"There are many who are skeptical of patents, especially drug patents. I am "
"not. Indeed, of all the areas of research that might be supported by "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12363
+#: freeculture.xml:12534
msgid ""
"But it is one thing to support patents, even drug patents. It is another "
"thing to determine how best to deal with a crisis. And as African leaders "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12381 freeculture.xml:12817
+#: freeculture.xml:12552 freeculture.xml:12998
msgid "Braithwaite, John"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12379
+#: freeculture.xml:12550
msgid ""
"See Peter Drahos with John Braithwaite, <citetitle>Information Feudalism: "
"Who Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12370
+#: freeculture.xml:12541
msgid ""
"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 generally permitted under "
-"international trade law and is specifically permitted within the European "
-"Union.<placeholder type=\"footnote\" id=\"0\"/>"
+"called <quote>parallel importation,</quote> and it is generally permitted "
+"under international trade law and is specifically permitted within the "
+"
European Union.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. f3.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12392
+#: freeculture.xml:12563
msgid ""
"International Intellectual Property Institute (IIPI), <citetitle>Patent "
"Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a "
#. f4.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12419
+#: freeculture.xml:12590
msgid ""
"International Intellectual Property Institute (IIPI), <citetitle>Patent "
"Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12386
+#: freeculture.xml:12557
msgid ""
"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 … not "
-"
to permit compulsory licensing or parallel imports.\"<placeholder "
+"characterized it, <quote>The U.S. government pressured South Africa … "
+"
not to permit compulsory licensing or parallel imports.</quote><placeholder "
"type=\"footnote\" id=\"0\"/> Through the Office of the United States Trade "
"Representative, the government asked South Africa to change the "
"law—and to add pressure to that request, in 1998, the USTR listed "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12425
+#: freeculture.xml:12596
msgid ""
"We should place the intervention by the United States in context. No doubt "
"patents are not the most important reason that Africans don't have access to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12435
+#: freeculture.xml:12606
msgid ""
"By stopping the flow of HIV treatment into Africa, the United States "
"government was not saving drugs for United States citizens. This is not "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12443
+#: freeculture.xml:12614
msgid ""
"Nor was the intervention by the United States going to protect the profits "
"of United States drug companies—at least, not substantially. It was "
#. f5.
#. PAGE BREAK 333
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12458
+#: freeculture.xml:12629
msgid ""
-"See Sabin Russell, \"New Crusade to Lower AIDS Drug Costs: Africa's Needs at "
-"Odds with Firms' Profit Motive,\" <citetitle>San Francisco "
+"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> (\"compulsory "
+"url=\"http://free-culture.cc/notes/\">link #57</ulink> (<quote>compulsory "
"licenses and gray markets pose a threat to the entire system of intellectual "
-"property protection\"); Robert Weissman, \"AIDS and Developing Countries: "
-"Democratizing Access to Essential Medicines,\" <citetitle>Foreign Policy in "
-"Focus</citetitle> 4:23 (August 1999), available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #58</ulink> (describing "
-"U.S. policy); John A. Harrelson, \"TRIPS, Pharmaceutical Patents, and the "
-"HIV/AIDS Crisis: Finding the Proper Balance Between Intellectual Property "
-"Rights and Compassion, a Synopsis,\" <citetitle>Widener Law Symposium "
-"Journal</citetitle> (Spring 2001): 175."
+"property protection</quote>); Robert Weissman, <quote>AIDS and Developing "
+"Countries: Democratizing Access to Essential Medicines,</quote> "
+"<citetitle>Foreign Policy in Focus</citetitle> 4:23 (August 1999), available "
+"at <ulink url=\"http://free-culture.cc/notes/\">link #58</ulink> (describing "
+"U.S. policy); John A. Harrelson, <quote>TRIPS, Pharmaceutical Patents, and "
+"the HIV/AIDS Crisis: Finding the Proper Balance Between Intellectual "
+"Property Rights and Compassion, a Synopsis,</quote> <citetitle>Widener Law "
+"Symposium Journal</citetitle> (Spring 2001): 175."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12452
+#: freeculture.xml:12623
msgid ""
"Instead, the argument in favor of restricting this flow of information, "
"which was needed to save the lives of millions, was an argument about the "
"sanctity of property.<placeholder type=\"footnote\" id=\"0\"/> It was "
-"because \"intellectual property\" would be violated that these drugs should "
-"not flow into Africa. It was a principle about the importance of "
-"\"intellectual property\" that led these government actors to intervene "
-"against the South African response to AIDS."
+"because <quote>intellectual property</quote> would be violated that these "
+"drugs should not flow into Africa. It was a principle about the importance "
+"of <quote>intellectual property</quote> that led these government actors to "
+"intervene against the South African response to AIDS."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12479
+#: freeculture.xml:12650
msgid ""
"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 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?"
+"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?"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12489
+#: freeculture.xml:12660
msgid ""
"Some blame the drug companies. I don't. They are corporations. Their "
"managers are ordered by law to make money for the corporation. They push a "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12497
+#: freeculture.xml:12668
msgid ""
"The corruption is our own politicians' failure of integrity. For the drug "
"companies would love—they say, and I believe them—to sell their "
#. PAGE BREAK 268
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12505
+#: freeculture.xml:12676
msgid ""
"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 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 of prices in America. The drug "
-"companies thus avoid this spiral by avoiding the first step. They reinforce "
-"the idea that property should be 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—the sanctity of an idea called \"intellectual property.\""
+"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 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 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—the sanctity of an idea called <quote>intellectual "
+"property.</quote>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12520
+#: freeculture.xml:12691
msgid ""
"So when the common sense of your child confronts you, what will you say? "
"When the common sense of a generation finally revolts against what we have "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12526
+#: freeculture.xml:12697
msgid ""
"A sensible patent policy could endorse and strongly support the patent "
"system without having to reach everyone everywhere in exactly the same "
"both copyright and patent policies were balanced in just this sense."
msgstr ""
-#. PAGE BREAK 269
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12538
+#: freeculture.xml:12709
msgid ""
"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—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 ability, as a people, to develop our culture "
-"democratically. Blindness becomes our common sense. And the challenge for "
-"anyone who would reclaim the right to cultivate our culture is to find a way "
-"to make this common sense open its eyes."
+"decision that we as a democracy will make."
+msgstr ""
+
+#. PAGE BREAK 269
+#. type: Content of: <book><chapter><para>
+#: freeculture.xml:12720
+msgid ""
+"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 ability, as a people, to develop our "
+"culture democratically. Blindness becomes our common sense. And the "
+"challenge for anyone who would reclaim the right to cultivate our culture is "
+"to find a way to make this common sense open its eyes."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12558
+#: freeculture.xml:12734
msgid ""
"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 to fight \"piracy,\" and "
-"devastate a culture for creativity. They defend the idea of \"creative "
-"property,\" 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 produce the \"perfect storm\" for free "
-"culture."
+"the RCAs of our day. They wage a frantic war 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 produce the <quote>perfect "
+"storm</quote> for free culture."
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:12749
+msgid "biomedical research"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:12751
+msgid "Wellcome Trust"
msgstr ""
#. f6.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12576
+#: freeculture.xml:12756
msgid ""
-"Jonathan Krim, \"The Quiet War over Open-Source,\" <citetitle>Washington "
-"Post</citetitle>, August 2003, E1, available at <ulink "
+"Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> "
+"
<citetitle>Washington Post</citetitle>, 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,\" "
+"<quote>Global Group's Shift on `Open Source' Meeting Spurs Stir,</quote> "
"<citetitle>National Journal's Technology 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 Daily</citetitle>, 19 August 2003, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link #61</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>."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:12604 freeculture.xml:13277
+#: freeculture.xml:12784 freeculture.xml:13461
msgid "academic journals"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:12605 freeculture.xml:12695 freeculture.xml:13203
+#: freeculture.xml:12785 freeculture.xml:12876 freeculture.xml:13386
msgid "IBM"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:12606 freeculture.xml:13341
+#: freeculture.xml:12786 freeculture.xml:13525
msgid "PLoS (Public Library of Science)"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12573
+#: freeculture.xml:12753
msgid ""
"In August 2003, a fight broke out in the United States about a decision by "
"the World Intellectual Property Organization to cancel a "
"meeting.<placeholder type=\"footnote\" id=\"0\"/> 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 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, 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.\" <placeholder type=\"indexterm\" id=\"1\"/> "
-"<placeholder type=\"indexterm\" id=\"
2\"/> <placeholder type=\"indexterm\" "
-"id=\"3\"/>"
+"range of interests, WIPO had decided to hold 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 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, 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 <quote>open source and free software.</quote> "
+"<placeholder type=\"indexterm\" id=\"
1\"/> <placeholder type=\"indexterm\" "
+"id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12609
+#: freeculture.xml:12790
msgid ""
"The aim of the meeting was to consider this wide range of projects from one "
"common perspective: that none of these projects relied upon intellectual "
#. f7.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12617
+#: freeculture.xml:12798
msgid ""
"I should disclose that I was one of the people who asked WIPO for the "
"meeting."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12616
+#: freeculture.xml:12797
msgid ""
"From the perspective of this book, then, the conference was "
"ideal.<placeholder type=\"footnote\" id=\"0\"/> The projects within its "
#. PAGE BREAK 271
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12627
+#: freeculture.xml:12808
msgid ""
"Indeed, I was once publicly scolded for not recognizing this fact about "
"WIPO. In February 2003, I delivered a keynote address to a preparatory "
"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 talk about an \"Information Society\" 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 stuff of "
-"WIPO. But in my view, there couldn't be too much of a conversation about how "
-"much intellectual property is needed, since in my view, the very idea of "
-"balance in intellectual property had been lost."
+"no way to 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 stuff of WIPO. But in my view, there couldn't be too much of a "
+"conversation about how much intellectual property is needed, since in my "
+"view, the very idea of balance in intellectual property had been lost."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12651
+#: freeculture.xml:12832
msgid ""
"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."
+"meeting about <quote>open and collaborative projects to create public "
+"goods</quote> seemed perfectly appropriate within the WIPO agenda."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12657
+#: freeculture.xml:12838
msgid ""
"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 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."
+"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, rather than "
+"<quote>proprietary software,</quote> for their own internal uses."
msgstr ""
#. f8.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12679
+#: freeculture.xml:12860
msgid ""
"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\" 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 Toward Open Source "
+"sophisticated. As it has repeatedly asserted, it has no problem with "
+"<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 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 <ulink "
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:12696
-msgid "\"copyleft\" licenses"
+#: freeculture.xml:12877
+msgid "<quote>copyleft</quote> licenses"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12668
+#: freeculture.xml:12849
msgid ""
"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\"—and IBM is emphatically a commercial "
-"entity. Thus, to support \"open source and free software\" is not to oppose "
-"commercial entities. It is, instead, to support a mode of software "
-"development that is different from Microsoft's.<placeholder "
-"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> "
-"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" "
-"id=\"3\"/> <placeholder type=\"indexterm\" id=\"4\"/>"
+"famous bit of <quote>free software</quote>—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.<placeholder type=\"footnote\" id=\"0\"/> <placeholder "
+"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> "
+"<placeholder type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" "
+"id=\"4\"/>"
msgstr ""
#. PAGE BREAK 272
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12701
-msgid ""
-"More important for our purposes, to support \"open source and free "
-"software\" is not to oppose copyright. \"Open source and free software\" 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 by adopters of free and "
-"open source software. The terms of that license are no doubt different from "
-"the terms of a proprietary software license. Free software licensed under "
-"the General Public License (GPL), for example, requires that the source code "
-"for the software be made available by anyone who modifies and redistributes "
-"the software. But that requirement is effective only if copyright governs "
-"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."
+#: freeculture.xml:12882
+msgid ""
+"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 "
+"by adopters of free and open source software. The terms of that license are "
+"no doubt different from the terms of a proprietary software license. Free "
+"software licensed under the General Public License (GPL), for example, "
+"requires that the source code for the software be made available by anyone "
+"who modifies and redistributes the software. But that requirement is "
+"effective only if copyright governs 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."
msgstr ""
#. f9.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12727
+#: freeculture.xml:12908
msgid ""
-"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>."
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:12731
+#: freeculture.xml:12912
msgid "Krim, Jonathan"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12719
+#: freeculture.xml:12900
msgid ""
"It is therefore understandable that as a proprietary software developer, "
"Microsoft would oppose this WIPO meeting, and understandable that it would "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12734
+#: freeculture.xml:12915
msgid ""
"I don't blame Microsoft for doing what it can to advance its own interests, "
"consistent with the law. And lobbying governments is plainly consistent with "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12742
+#: freeculture.xml:12923
msgid ""
"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 to disclaim or waive such rights seems to "
-"us to be contrary to the goals of WIPO.\""
+"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 goals of WIPO.</quote>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12752
+#: freeculture.xml:12933
msgid "These statements are astonishing on a number of levels."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12756
+#: freeculture.xml:12937
msgid ""
"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 of promoting "
-"intellectual property rights reveals an extraordinary gap in "
-"understanding—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."
+"<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—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."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12766
+#: freeculture.xml:12947
msgid ""
-"Second, who ever said that WIPO's exclusive aim was to \"promote\" "
-"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 is. As every economist and lawyer knows, the hard question in "
-"intellectual property law is to find that balance. But that there should be "
-"limits is, I had thought, uncontested. One wants to ask Ms. Boland, are "
-"generic drugs (drugs 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?"
+"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 is. As every economist and lawyer knows, the hard "
+"question in intellectual property law is to find that balance. But that "
+"there should be limits is, I had thought, uncontested. One wants to ask "
+"Ms. Boland, are generic drugs (drugs 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?"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12779
+#: freeculture.xml:12960
msgid ""
"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 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. <placeholder "
+"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. <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 274
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12793
+#: freeculture.xml:12974
msgid ""
-"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 saying that "
-"WIPO has an interest in interfering with the choices of 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 is not just that intellectual "
-"property rights be maximized, but that they also should be exercised in the "
-"most extreme and restrictive way possible."
+"When Ms. Boland says that there is something wrong with a meeting "
+"<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 "
+"the individuals who own intellectual property rights. That somehow, 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."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12805
+#: freeculture.xml:12986
msgid ""
"There is a history of just such a property system that is well known in the "
-"Anglo-American tradition. It is called \"feudalism.\" 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 strong interest in assuring that "
-"property holders within that system not weaken feudalism by liberating "
-"people or property within their control to the free market. Feudalism "
-"depended upon maximum control and concentration. It fought any freedom that "
-"might interfere with that control."
+"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 strong interest "
+"in assuring that property holders within that system not weaken feudalism by "
+"liberating people or property within their control to the free "
+"market. Feudalism depended upon maximum control and concentration. It fought "
+"any freedom that might interfere with that control."
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12822
+#: freeculture.xml:13003
msgid ""
"See Drahos with Braithwaite, <citetitle>Information Feudalism</citetitle>, "
"210–20. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12819
+#: freeculture.xml:13000
msgid ""
"As Peter Drahos and John Braithwaite relate, this is precisely the choice we "
"are now making about intellectual property.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12831
+#: freeculture.xml:13012
msgid ""
"When this battle broke, I blogged it. A spirited debate within the comment "
"section ensued. Ms. Boland had a number of supporters who tried to show why "
#. PAGE BREAK 275
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:12838
+#: freeculture.xml:13019
msgid ""
"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, should be to "
-"promote the right balance of intellectual property rights, not simply to "
-"promote intellectual property rights\"), not as it is. If we were talking "
-"about the world as it is, then of course Boland didn't say anything "
+"should be (<quote>the goal of WIPO, and the goal of any government, should "
+"be to promote the right balance of intellectual property rights, 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 as Lessig would have it, then of course she "
"did. Always pay attention to the distinction between Lessig's world and "
"ours."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12850
+#: freeculture.xml:13031
msgid ""
"I missed the irony the first time I read it. I read it quickly and thought "
"the poster was supporting the idea that seeking balance was what our "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12860
+#: freeculture.xml:13041
msgid ""
"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 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."
+"poster was ridiculing the very idea that in the real world, the "
+"<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 obviously betrayed, he believed, my own silly "
+"utopianism. <quote>Typical for an academic,</quote> the poster might well "
+"have continued."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12868
+#: freeculture.xml:13049
msgid ""
"I understand criticism of academic utopianism. I think utopianism is silly, "
"too, and I'd be the first to poke fun at the absurdly unrealistic ideals of "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12874
+#: freeculture.xml:13055
msgid ""
"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, 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 the idea of holding the "
-"government to a different standard is absurd, that the idea of demanding of "
-"the government that it speak truth and not lies is just naïve, then who "
-"have we, the most powerful democracy in the world, become?"
+"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 the idea "
+"of holding the government to a different standard is absurd, that the idea "
+"of demanding of the government that it speak truth and not lies is just "
+"naïve, then who have we, the most powerful democracy in the world, "
+"become?"
msgstr ""
#. PAGE BREAK 276
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12885
+#: freeculture.xml:13066
msgid ""
"It might be crazy to expect a high government official to speak the "
"truth. It might be crazy to believe that government policy will be something "
"tradition for most of our history—free culture."
msgstr ""
-#. type: Content of: <book><chapter><
para><indexterm><primary>
-#: freeculture.xml:12904
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13075
msgid "Turner, Ted"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12894
+#: freeculture.xml:13077
msgid ""
"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 "
"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. <placeholder type=\"indexterm\" id=\"0\"/> "
-"<placeholder type=\"indexterm\" id=\"1\"/>"
+"hearings and a different result."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12908
+#: freeculture.xml:13089
msgid ""
"This activism did not stop the FCC, but soon after, a broad coalition in the "
"Senate voted to reverse the FCC decision. The hostile hearings leading up to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12916
+#: freeculture.xml:13097
msgid ""
"But even this movement misses an important piece of the puzzle. Largeness "
"as such is not bad. Freedom is not threatened just because some become very "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12923
+#: freeculture.xml:13104
msgid ""
"The danger in media concentration comes not from the concentration, but "
"instead from the feudalism that this concentration, tied to the change in "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12933
+#: freeculture.xml:13114
msgid ""
"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."
+"history of fighting <quote>big,</quote> wisely or not. That we could be "
+"motivated to fight <quote>big</quote> again is not something new."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12940
+#: freeculture.xml:13121
msgid ""
"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 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."
+"<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 called "
+"<quote>property</quote> is not well exercised within this tradition anymore."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12948
+#: freeculture.xml:13129
msgid ""
"If we were Achilles, this would be our heel. This would be the place of our "
"tragedy."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12951
+#: freeculture.xml:13132
msgid "Dylan, Bob"
msgstr ""
#. f11.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12956
+#: freeculture.xml:13137
msgid ""
-"John Borland, \"RIAA Sues 261 File Swappers,\" CNET News.com, September "
-"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 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 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 "
+"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 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 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 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>."
msgstr ""
#. f12.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12974
+#: freeculture.xml:13155
msgid ""
-"Jon Wiederhorn, \"Eminem Gets Sued … by a Little Old Lady,\" mtv.com, "
-"17 September 2003, available at <ulink "
+"Jon Wiederhorn, <quote>Eminem Gets Sued … by a Little Old "
+"
Lady,</quote> mtv.com, 17 September 2003, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #68</ulink>."
msgstr ""
#. f13.
#. PAGE BREAK 334
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12981
+#: freeculture.xml:13162
msgid ""
-"Kenji Hall, Associated Press, \"Japanese Book May Be Inspiration for Dylan "
-"
Songs,\" Kansascity.com, 9 July 2003, available at <ulink "
+"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>."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12953
+#: freeculture.xml:13134
msgid ""
"As I write these final words, the news is filled with stories about the RIAA "
"lawsuits against almost three hundred individuals.<placeholder "
-"type=\"footnote\" id=\"0\"/> Eminem has just been sued for \"sampling\" "
-"someone else's music.<placeholder type=\"footnote\" id=\"1\"/> The story "
-"about Bob Dylan \"stealing\" from a Japanese author has just finished making "
-"the rounds.<placeholder type=\"footnote\" id=\"2\"/> An insider from "
-"Hollywood—who insists he must remain anonymous—reports \"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 would take scores of lawyers to clean it first.\" "
-"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."
+"type=\"footnote\" id=\"0\"/> Eminem has just been sued for "
+"<quote>sampling</quote> someone else's music.<placeholder type=\"footnote\" "
+"id=\"1\"/> The story about Bob Dylan <quote>stealing</quote> from a Japanese "
+"author has just finished making the rounds.<placeholder type=\"footnote\" "
+"id=\"2\"/> An insider from Hollywood—who insists he must remain "
+"anonymous—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 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."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:12998 freeculture.xml:13358
+#: freeculture.xml:13179 freeculture.xml:13542
msgid "Creative Commons"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12999
+#: freeculture.xml:13180
msgid "Gil, Gilberto"
msgstr ""
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13181
+msgid "BBC"
+msgstr ""
+
+#. type: Content of: <book><chapter><indexterm><primary>
+#: freeculture.xml:13182
+msgid "Brazil, free culture in"
+msgstr ""
+
#. f14.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13004
+#: freeculture.xml:13187
msgid ""
-"\"BBC Plans to Open Up Its Archive to the Public,\" BBC press release, 24 "
-"August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#70</ulink>."
+"<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>."
msgstr ""
#. f15.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13013
+#: freeculture.xml:13196
msgid ""
-"\"Creative Commons and Brazil,\" Creative Commons Weblog, 6 August 2003, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link #71</ulink>."
+"<quote>Creative Commons and Brazil,</quote> Creative Commons Weblog, 6 "
+"August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
+"#71</ulink>."
msgstr ""
#. PAGE BREAK 278
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13001
+#: freeculture.xml:13184
msgid ""
"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 download "
-"BBC content, and rip, mix, and burn it.<placeholder type=\"footnote\" "
-"id=\"0\"/> And in Brazil, the culture minister, Gilberto Gil, himself a folk "
-"hero of Brazilian music, has joined with Creative Commons to release content "
-"and free licenses in that Latin American country.<placeholder "
-"type=\"footnote\" id=\"1\"/> I've told a dark story. The truth is more "
-"mixed. A technology has given us a new freedom. Slowly, some begin to "
-"understand that this freedom need not mean anarchy. We can carry a free "
-"culture into the twenty-first century, without artists losing and without "
-"the potential of digital technology being destroyed. It will take some "
-"thought, and more importantly, it will take some will to transform the RCAs "
-"of our day into the Causbys."
+"will build a <quote>Creative Archive,</quote> from which British citizens "
+"can download BBC content, and rip, mix, and burn it.<placeholder "
+"type=\"footnote\" id=\"0\"/> And in Brazil, the culture minister, Gilberto "
+"Gil, himself a folk hero of Brazilian music, has joined with Creative "
+"Commons to release content and free licenses in that Latin American "
+"country.<placeholder type=\"footnote\" id=\"1\"/> I've told a dark "
+"story. The truth is more mixed. A technology has given us a new "
+"freedom. Slowly, some begin to understand that this freedom need not mean "
+"anarchy. We can carry a free culture into the twenty-first century, without "
+"artists losing and without the potential of digital technology being "
+"destroyed. It will take some thought, and more importantly, it will take "
+"some will to transform the RCAs of our day into the Causbys."
msgstr ""
#. PAGE BREAK 279
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13027
+#: freeculture.xml:13210
msgid ""
"Common sense must revolt. It must act to free culture. Soon, if this "
"potential is ever to be realized."
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:13035
+#: freeculture.xml:13218
msgid "AFTERWORD"
msgstr ""
#. PAGE BREAK 280
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13039
+#: freeculture.xml:13222
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13044
+#: freeculture.xml:13227
msgid ""
"I divide this map into two parts: that which anyone can do now, and that "
"which requires the help of lawmakers. If there is one lesson that we can "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13050
+#: freeculture.xml:13233
msgid ""
"That means this movement must begin in the streets. It must recruit a "
"significant number of parents, teachers, librarians, creators, authors, "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13057
+#: freeculture.xml:13240
msgid ""
"Once this movement has its effect in the streets, it has some hope of having "
"an effect in Washington. We are still a democracy. What people think "
msgstr ""
#. type: Content of: <book><chapter><section><title>
-#: freeculture.xml:13066
+#: freeculture.xml:13249
msgid "US, NOW"
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13068
+#: freeculture.xml:13251
msgid ""
"Common sense is with the copyright warriors because the debate so far has "
"been framed at the extremes—as a grand either/or: either property or "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13074
+#: freeculture.xml:13257
msgid ""
"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—\"All Rights Reserved\"— and those "
-"who reject copyright—\"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 as you wish, regardless of whether you "
-"have permission or not."
+"believe in maximal copyright—<quote>All Rights Reserved</quote>— "
+"and those who reject copyright—<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."
msgstr ""
#. PAGE BREAK 282
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13084
+#: freeculture.xml:13267
msgid ""
"When the Internet was first born, its initial architecture effectively "
-"tilted in the \"no rights reserved\" direction. Content could be copied "
-"perfectly and cheaply; rights could not easily be controlled. Thus, "
+"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 "
-"original design of the Internet was \"no rights reserved.\" Content was "
-"\"taken\" regardless of the rights. Any rights were effectively unprotected."
+"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."
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13096
+#: freeculture.xml:13279
msgid ""
"This initial character produced a reaction (opposite, but not quite 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 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 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\" world that is a creator's nightmare."
+"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 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."
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13110
+#: freeculture.xml:13293
msgid ""
-"What's needed is a way to say something in the middle—neither \"all "
-"rights reserved\" nor \"no rights reserved\" but \"some rights "
-"reserved\"— 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."
+"What's needed is a way to say something in the middle—neither "
+"<quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but "
+"<quote>some rights reserved</quote>— 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."
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13119
+#: freeculture.xml:13302
msgid "Rebuilding Freedoms Previously Presumed: Examples"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13121
+#: freeculture.xml:13304
msgid ""
"If you step back from the battle I've been describing here, you will "
"recognize this problem from other contexts. Think about 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 to your neighbors or boss. The \"privacy\" "
-"of your browsing habits was assured."
+"explaining your browsing habits to your neighbors or boss. The "
+"<quote>privacy</quote> of your browsing habits was assured."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13131
+#: freeculture.xml:13314
msgid "What made it assured?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13135
+#: freeculture.xml:13318
msgid ""
"Well, if we think in terms of the modalities I described in chapter <xref "
"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>, your privacy was "
"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 "
-"(there is no law protecting \"privacy\" 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."
+"(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."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13150
+#: freeculture.xml:13333
msgid "Amazon"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13160
+#: freeculture.xml:13343
msgid "cookies, Internet"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13152
+#: freeculture.xml:13335
msgid ""
"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 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\" protected by the friction "
-"disappears, too. <placeholder type=\"indexterm\" id=\"0\"/>"
+"because at the side of the page, there's a list of <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 data than "
+"not. The friction has disappeared, and hence any <quote>privacy</quote> "
+"protected by the friction disappears, too. <placeholder type=\"indexterm\" "
+"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13163
+#: freeculture.xml:13346
msgid ""
"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 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."
+"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."
msgstr ""
#. f1.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13179
+#: freeculture.xml:13362
msgid ""
-"See, for example, Marc Rotenberg, \"Fair Information Practices and the "
-"Architecture of Privacy (What Larry Doesn't Get),\" <citetitle>Stanford "
-"Technology Law Review</citetitle> 1 (2001): par. 6–18, available at "
-"<ulink url=\"http://free-culture.cc/notes/\">link #72</ulink> (describing "
-"examples in which technology defines privacy policy). See also Jeffrey "
-"Rosen, <citetitle>The Naked Crowd: Reclaiming Security and Freedom in an "
-"Anxious Age</citetitle> (New York: Random House, 2004) (mapping tradeoffs "
-"between technology and privacy)."
+"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. 6–18, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #72</ulink> (describing examples "
+"in which technology defines privacy policy). See also Jeffrey Rosen, "
+"<citetitle>The Naked Crowd: Reclaiming Security and Freedom in an Anxious "
+"Age</citetitle> (New York: Random House, 2004) (mapping tradeoffs between "
+"technology and privacy)."
msgstr ""
#. PAGE BREAK 284
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13173
+#: freeculture.xml:13356
msgid ""
-"It is this reality that explains the push of many to define \"privacy\" 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.<placeholder type=\"footnote\" id=\"0\"/> And whether you're in favor of "
-"those laws or not, it is the pattern that is important here. We must take "
-"affirmative steps to secure a 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."
+"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.<placeholder type=\"footnote\" id=\"0\"/> "
+"And whether you're in favor of those laws or not, it is the pattern that is "
+"important here. We must take affirmative steps to secure a 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."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13197
+#: freeculture.xml:13380
msgid ""
"A similar story could be told about the birth of the free software "
"movement. When computers with software were first made available "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13205
+#: freeculture.xml:13388
msgid "Stallman, Richard"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13207
+#: freeculture.xml:13390
msgid ""
"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 one was "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13215
+#: freeculture.xml:13398
msgid ""
"In an academic setting, at least, that's not a terribly radical idea. In a "
"math department, anyone would be free to tinker with a proof that someone "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13227
+#: freeculture.xml:13410
msgid ""
"No one answered that question. Instead, the architecture of revenue for "
"computing changed. As it became possible to import programs from one system "
#. PAGE BREAK 285
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13236
+#: freeculture.xml:13419
msgid ""
"Thus, the practice of proprietary code began to spread, and by the early "
"1980s, Stallman found himself surrounded by proprietary code. The world of "
"share software would be fundamentally weakened."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:13427
+msgid "Torvalds, Linus"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13245
+#: freeculture.xml:13429
msgid ""
"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\" kernel "
-"was added to produce the GNU/Linux operating system. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"the birth of the GNU project, into which Linus Torvalds's "
+"<quote>Linux</quote> kernel was added to produce the GNU/Linux operating "
+"system. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
+"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13253
+#: freeculture.xml:13437
msgid ""
"Stallman's technique was to use copyright law to build a world of software "
"that must be kept free. Software licensed under the Free Software "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13264
+#: freeculture.xml:13448
msgid ""
"Stallman was thus doing for software what privacy advocates now do for "
"privacy. He was seeking a way to rebuild a kind of freedom that was taken "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13272
+#: freeculture.xml:13456
msgid ""
"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 "
#. PAGE BREAK 286
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13280
+#: freeculture.xml:13464
msgid ""
"As digital technologies develop, it is becoming obvious to many that "
"printing thousands of copies of journals every month and sending them to "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13296
+#: freeculture.xml:13480
msgid ""
"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 for "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13305
+#: freeculture.xml:13489
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13310
+#: freeculture.xml:13494
msgid ""
"As many are beginning to notice, this is increasingly the reality with "
"scientific journals. When these journals were distributed in paper form, "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13322
+#: freeculture.xml:13506
msgid ""
"As journals become electronic, however, the publishers are demanding that "
"libraries not give the general public access to the journals. This means "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13330
+#: freeculture.xml:13514
msgid ""
"This shrinking freedom has led many to take affirmative steps to restore the "
"freedom that has been lost. The Public Library of Science (PLoS), for "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13344
+#: freeculture.xml:13528
msgid ""
"This is one of many such efforts to restore a freedom taken for granted "
"before, but now threatened by changing technology and markets. There's no "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13356
+#: freeculture.xml:13540
msgid "Rebuilding Free Culture: One Idea"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13361
+#: freeculture.xml:13545
msgid ""
"The same strategy could be applied to culture, as a response to the "
"increasing control effected through law and technology."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:13548
+msgid "Stanford University"
+msgstr ""
+
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13365
+#: freeculture.xml:13550
msgid ""
"Enter the Creative Commons. The Creative Commons is a nonprofit corporation "
"established in Massachusetts, but with its home at Stanford University. Its "
#. PAGE BREAK 288
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13376
+#: freeculture.xml:13561
msgid ""
"<emphasis>Simple</emphasis>—which means without a middleman, or "
"without a lawyer. By developing a free set of licenses that people can "
"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 CC mark, which "
-"does not mean that copyright is waived, but that certain freedoms are given."
+"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."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13394
+#: freeculture.xml:13579
msgid ""
"These freedoms are beyond the freedoms promised by fair use. Their 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 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 at all within developing nations. Or any sampling use, so "
-"long as full copies are not made. Or lastly, any educational use."
+"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."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13405
+#: freeculture.xml:13590
msgid ""
"These choices thus establish a range of freedoms beyond the default of "
"copyright law. They also enable freedoms that go beyond traditional fair "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13426
+#: freeculture.xml:13611
msgid "Garlick, Mia"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13416
+#: freeculture.xml:13601
msgid ""
"This is just one project among many within the Creative Commons. And of "
"course, Creative Commons is not the only organization pursuing such "
"freedoms. But the point that distinguishes the Creative Commons from 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 of content (\"content conducers,\" 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. <placeholder type=\"indexterm\" id=\"0\"/>"
+"movement of consumers and producers 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. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13429
+#: freeculture.xml:13614
msgid ""
-"The aim is not to fight the \"All Rights Reserved\" 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 imagined. The "
-"rules may well have made sense against a background of technologies from "
-"centuries ago, but they do not make sense against the background of digital "
-"technologies. New rules—with different freedoms, expressed in ways so "
-"that humans without lawyers can use them—are needed. Creative Commons "
-"gives people a way effectively to begin to build those rules."
+"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 "
+"imagined. The rules may well have made sense against a background of "
+"technologies from centuries ago, but they do not make sense against the "
+"background of digital technologies. New rules—with different freedoms, "
+"expressed in ways so that humans without lawyers can use them—are "
+"needed. Creative Commons gives people a way effectively to begin to build "
+"those rules."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13441
+#: freeculture.xml:13626
msgid ""
"Why would creators participate in giving up total control? Some participate "
"to better spread their content. Cory Doctorow, for example, is a science "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13448
+#: freeculture.xml:13633
msgid ""
"Why would a publisher ever agree to this? I suspect his publisher reasoned "
"like this: There are two groups of people out there: (1) those who will buy "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13460
+#: freeculture.xml:13645
msgid ""
"Indeed, the experience of his publisher clearly supports that conclusion. "
"The book's first printing was exhausted months before the publisher had "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13475
+#: freeculture.xml:13660
msgid "Free for All (Wayner)"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13476
+#: freeculture.xml:13661
msgid "Wayner, Peter"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13466
+#: freeculture.xml:13651
msgid ""
"The idea that free content might increase the value of nonfree content was "
"confirmed by the experience of another author. Peter Wayner, who wrote a "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13478
+#: freeculture.xml:13663
msgid "Public Enemy"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13479
+#: freeculture.xml:13664
msgid "rap music"
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:13665
+msgid "Leaphart, Walter"
+msgstr ""
+
#. f2.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13496
+#: freeculture.xml:13682
msgid ""
"<citetitle>Willful Infringement: A Report from the Front Lines of the Real "
"Culture Wars</citetitle> (2003), produced by Jed Horovitz, directed by Greg "
"url=\"http://free-culture.cc/notes/\">link #72</ulink>."
msgstr ""
-#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13503
-msgid "Leaphart, Walter"
-msgstr ""
-
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13481
+#: freeculture.xml:13667
msgid ""
"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 else would be "
+"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 licensed work available to "
"others. This is consistent with their own art—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\" Public "
-"Enemy to sample anymore, because the legal costs are so high<placeholder "
-"type=\"footnote\" id=\"0\"/>), these artists release into the creative "
-"environment content that others can build upon, so that their form of "
-"creativity might grow. <placeholder type=\"indexterm\" id=\"1\"/>"
+"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<placeholder type=\"footnote\" id=\"0\"/>), these artists release "
+"into the creative environment content that others can build upon, so that "
+"their form of creativity might grow."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13506
+#: freeculture.xml:13691
msgid ""
"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\" "
+"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 this notion of \"Some Rights Reserved,\" "
-"and gives many the chance to say it to others."
+"Creative Commons license expresses this notion of <quote>Some Rights "
+"Reserved,</quote> and gives many the chance to say it to others."
msgstr ""
#. PAGE BREAK 291
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13518
+#: freeculture.xml:13703
msgid ""
"In the first six months of the Creative Commons experiment, over 1 million "
"objects were licensed with these free-culture licenses. The next step is "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13528
+#: freeculture.xml:13713
msgid ""
"These are first steps to rebuilding a public domain. They are not mere "
"arguments; they are action. Building a public domain is the first step to "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13536
+#: freeculture.xml:13721
msgid ""
"Creative Commons is just one example of voluntary efforts by individuals and "
"creators to change the mix of rights that now govern the creative field. The "
msgstr ""
#. type: Content of: <book><chapter><section><title>
-#: freeculture.xml:13550
+#: freeculture.xml:13735
msgid "THEM, SOON"
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13552
+#: freeculture.xml:13737
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13559
+#: freeculture.xml:13744
msgid ""
"In this chapter, I outline five kinds of changes: four that are general, and "
"one that's specific to the most heated battle of the day, music. Each is a "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13566
+#: freeculture.xml:13751
msgid "1. More Formalities"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13568
+#: freeculture.xml:13753
msgid ""
"If you buy a house, you have to record the sale in a deed. If you buy land "
"upon which to build a house, you have to record the purchase in a deed. If "
#. PAGE BREAK 293
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13575
+#: freeculture.xml:13760
msgid ""
"These are all formalities associated with property. They are requirements "
"that we all must bear if we want our property to be protected."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13580
+#: freeculture.xml:13765
msgid ""
"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."
+"and <quote>formalities</quote> are banished."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13586
+#: freeculture.xml:13771
msgid "Why?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13589
+#: freeculture.xml:13774
msgid ""
"As I suggested in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"property-i\"/>, the motivation to abolish formalities was a good "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13598
+#: freeculture.xml:13783
msgid ""
"But the Internet changes all this. Formalities today need not be a "
"burden. Rather, the world without formalities is the world that burdens "
#. f1.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13612
+#: freeculture.xml:13797
msgid ""
"The proposal I am advancing here would apply to American works only. "
"Obviously, I believe it would be beneficial for the same idea to be adopted "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13610
+#: freeculture.xml:13795
msgid ""
"The law should therefore change this requirement<placeholder "
"type=\"footnote\" id=\"0\"/>—but it should not change it by going back "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13620
+#: freeculture.xml:13805
msgid ""
"The important formalities are three: marking copyrighted work, registering "
"copyrights, and renewing the claim to copyright. Traditionally, the first of "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><title>
-#: freeculture.xml:13632
+#: freeculture.xml:13817
msgid "REGISTRATION AND RENEWAL"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13634
+#: freeculture.xml:13819
msgid ""
"Under the old system, a copyright owner had to file a registration with the "
"Copyright Office to register or renew a copyright. When filing that "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13647
+#: freeculture.xml:13832
msgid ""
"Yet it is always astonishing to me that we, who come from a tradition of "
"extraordinary innovation in governmental design, can no longer think "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13656
+#: freeculture.xml:13841
msgid ""
"In the context of registration, one obvious model is the Internet. There "
"are at least 32 million Web sites registered around the world. Domain name "
#. PAGE BREAK 295
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13666
+#: freeculture.xml:13851
msgid ""
"We should adopt a similar model for the registration and renewal of "
"copyrights. The Copyright Office may well serve as the central registry, but "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><title>
-#: freeculture.xml:13681
+#: freeculture.xml:13866
msgid "MARKING"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13683
+#: freeculture.xml:13868
msgid ""
"It used to be that the failure to include a copyright notice on a creative "
"work meant that the copyright was forfeited. That was a harsh punishment for "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13693
+#: freeculture.xml:13878
msgid ""
"The aim of marking is to signal to the public that this work is copyrighted "
"and that the author wants to enforce his rights. The mark also makes it easy "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13699
+#: freeculture.xml:13884
msgid ""
"One of the problems the copyright system confronted early on was that "
"different copyrighted works had to be differently marked. It wasn't clear "
#. f2.
#. type: Content of: <book><chapter><section><section><section><para><footnote><para>
-#: freeculture.xml:13716
+#: freeculture.xml:13901
msgid ""
"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 "
#. PAGE BREAK 296
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13709
+#: freeculture.xml:13894
msgid ""
"Let's start with the last point. If a copyright owner allows his work to be "
"published without a copyright notice, the consequence of that failure need "
"anyone has the right to use this work, until the copyright owner complains "
"and demonstrates that it is his work and he doesn't give "
"permission.<placeholder type=\"footnote\" id=\"0\"/> The meaning of an "
-"unmarked work would therefore be \"use unless someone complains.\" If "
-"someone does complain, then the obligation would be to stop using the work "
-"in any new work from then on though no penalty would attach for existing "
-"uses. This would create a strong incentive for copyright owners to mark "
-"their work."
+"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 work from then on though no penalty would "
+"attach for existing uses. This would create a strong incentive for "
+"copyright owners to mark their work."
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13729
+#: freeculture.xml:13914
msgid ""
"That in turn raises the question about how work should best be marked. Here "
"again, the system needs to adjust as the technologies evolve. The best way "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13736
+#: freeculture.xml:13921
msgid ""
"For example, if a recording industry association devises a method for "
"marking CDs, it would propose that to the Copyright Office. The Copyright "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13748
+#: freeculture.xml:13933
msgid ""
"Finally, marking content clearly would simplify registration requirements. "
"If photographs were marked by author and year, there would be little reason "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13756
+#: freeculture.xml:13941
msgid ""
"The objective of formalities is to make things clear. The existing system "
"does nothing to make things clear. Indeed, it seems designed to make things "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13761
+#: freeculture.xml:13946
msgid ""
"If formalities such as registration were reinstated, one of the most "
"difficult aspects of relying upon the public domain would be removed. It "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13773
+#: freeculture.xml:13958
msgid "2. Shorter Terms"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13775
+#: freeculture.xml:13960
msgid ""
"The term of copyright has gone from fourteen years to ninety-five years for "
"corporate authors, and life of the author plus seventy years for natural "
#. f3.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13788
+#: freeculture.xml:13973
msgid ""
-"\"A Radical Rethink,\" <citetitle>Economist</citetitle>, 366:8308 (25 "
-"January 2003): 15, available at <ulink "
+"<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>."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13780
+#: freeculture.xml:13965
msgid ""
"In <citetitle>The Future of Ideas</citetitle>, I proposed a "
"seventy-five-year term, granted in five-year increments with a requirement "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13795
+#: freeculture.xml:13980
msgid ""
"I agree with those who believe that we need a radical change in copyright's "
"term. But whether fourteen years or seventy-five, there are four principles "
#. (1)
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13803
+#: freeculture.xml:13988
msgid ""
"<emphasis>Keep it short:</emphasis> The term should be as long as necessary "
"to give incentives to create, but no longer. If it were tied to very strong "
#. (2)
#. PAGE BREAK 298
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13812
+#: freeculture.xml:13997
msgid ""
"<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 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."
+"protected content must be kept clear. Lawyers like the 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 "
+"<quote>lawyer-free zone</quote> makes the complexities of <quote>fair "
+"use</quote> and <quote>idea/expression</quote> less necessary to navigate."
msgstr ""
#. f4.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><footnote><para>
-#: freeculture.xml:13833
+#: freeculture.xml:14018
msgid ""
"Department of Veterans Affairs, Veteran's Application for Compensation "
"and/or Pension, VA Form 21-526 (OMB Approved No. 2900-0001), available at "
msgstr ""
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><indexterm><primary>
-#: freeculture.xml:13841
+#: freeculture.xml:14026
msgid "veterans' pensions"
msgstr ""
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13825
+#: freeculture.xml:14010
msgid ""
"<emphasis>Keep it alive:</emphasis> Copyright should have to be renewed. "
"Especially if the maximum term is long, the copyright owner should be "
#. (4)
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13845
+#: freeculture.xml:14030
msgid ""
"<emphasis>Keep it prospective:</emphasis> Whatever the term of copyright "
"should be, the clearest lesson that economists teach is that a term once "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13861
+#: freeculture.xml:14046
msgid ""
"These changes together should produce an <emphasis>average</emphasis> "
"copyright term that is much shorter than the current term. Until 1976, the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13867
+#: freeculture.xml:14052
msgid ""
-"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 a more "
-"generous copyright law than Richard Nixon presided over?"
+"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?"
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13877
+#: freeculture.xml:14062
msgid "3. Free Use Vs. Fair Use"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13879
+#: freeculture.xml:14069
msgid ""
"As I observed at the beginning of this book, property law originally granted "
"property owners the right to control their property from the ground to the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13887
+#: freeculture.xml:14077
msgid ""
-"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 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.\""
+"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 though that "
+"movie is not <quote>my writing.</quote>"
msgstr ""
#. f5.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13900
+#: freeculture.xml:14090
msgid ""
"Benjamin Kaplan, <citetitle>An Unhurried View of Copyright</citetitle> (New "
"York: Columbia University Press, 1967), 32."
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13906
+#: freeculture.xml:14096
msgid "Kaplan, Benjamin"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13896
+#: freeculture.xml:14086
msgid ""
"Congress granted the beginnings of this right in 1870, when it expanded the "
"exclusive right of copyright to include a right to control translations and "
#. f6.
#. type: Content of: <book><chapter><section><section><blockquote><para><footnote><para>
-#: freeculture.xml:13914
+#: freeculture.xml:14104
msgid "Ibid., 56."
msgstr ""
#. type: Content of: <book><chapter><section><section><blockquote><para>
-#: freeculture.xml:13910
+#: freeculture.xml:14100
msgid ""
"So inured have we become to the extension of the monopoly to a large range "
"of so-called derivative works, that we no longer sense the oddity of "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13919
+#: freeculture.xml:14109
msgid ""
"I think it's time to recognize that there are airplanes in this field and "
"the expansiveness of these rights of derivative use no longer make "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13926
+#: freeculture.xml:14116
msgid ""
"<emphasis>Term:</emphasis> If Congress wants to grant a derivative right, "
"then that right should be for a much shorter term. It makes sense to protect "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13939
+#: freeculture.xml:14129
msgid ""
"<emphasis>Scope:</emphasis> Likewise should the scope of derivative 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 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 technologies enable; now imagine pouring molasses "
-"into the machines. That's what this general requirement of permission does "
-"to the creative process. Smothers it."
+"<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 technologies enable; now "
+"imagine pouring molasses into the machines. That's what this general "
+"requirement of permission does to the creative process. Smothers it."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13952
+#: freeculture.xml:14143
msgid ""
"This was the point that Alben made when describing the making of the Clint "
"Eastwood CD. While it makes sense to require negotiation for foreseeable "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:13968
+#: freeculture.xml:14159
msgid "Goldstein, Paul"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13966
+#: freeculture.xml:14157
msgid ""
"Paul Goldstein, <citetitle>Copyright's Highway: From Gutenberg to the "
"Celestial Jukebox</citetitle> (Stanford: Stanford University Press, 2003), "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13960
+#: freeculture.xml:14151
msgid ""
"In each of these cases, the law should mark the uses that are protected, and "
"the presumption should be that other uses are not protected. This is the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13974
+#: freeculture.xml:14165
msgid ""
"Goldstein's analysis would make perfect sense if the cost of the legal "
"system were small. But as we are currently seeing in the context of the "
#. PAGE BREAK 301
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13981
+#: freeculture.xml:14172
msgid ""
"The law could remedy this problem either by removing protection beyond the "
"part explicitly drawn or by granting reuse rights upon certain statutory "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13991
+#: freeculture.xml:14182
msgid "4. Liberate the Music—Again"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13993
+#: freeculture.xml:14184
msgid ""
"The battle that got this whole war going was about music, so it wouldn't be "
"fair to end this book without addressing the issue that is, to most people, "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14000
+#: freeculture.xml:14191
msgid ""
"The appeal of file-sharing music was the crack cocaine of the Internet's "
"growth. It drove demand for access to the Internet more powerfully than any "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14009
+#: freeculture.xml:14200
msgid ""
"The aim of copyright, with respect to content in general and music in "
"particular, is to create the incentives for music to be composed, performed, "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14016
+#: freeculture.xml:14207
msgid ""
"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 "
#. A.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14025
+#: freeculture.xml:14216
msgid ""
"There are some who are using sharing networks as substitutes for purchasing "
"CDs."
#. B.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14030
+#: freeculture.xml:14221
msgid ""
"There are also some who are using sharing networks to sample, on the way to "
"purchasing CDs."
#. PAGE BREAK 302
#. C.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14036
+#: freeculture.xml:14227
msgid ""
"There are many who are using file-sharing networks to get access to content "
"that is no longer sold but is still under copyright or that would have been "
#. D.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14042
+#: freeculture.xml:14233
msgid ""
"There are many who are using file-sharing networks to get access to content "
"that is not copyrighted or to get access that the copyright owner plainly "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14048
+#: freeculture.xml:14239
msgid ""
"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 eagerness "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14056
+#: freeculture.xml:14247
msgid ""
"As I said in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"piracy\"/>, the actual harm caused by sharing is controversial. "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14064
+#: freeculture.xml:14255
msgid ""
"Nonetheless, there is a crucial fact about the current technological context "
"that we must keep in mind if we are to understand how the law should "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14069
+#: freeculture.xml:14260
msgid ""
"Today, file sharing is addictive. In ten years, it won't be. It is addictive "
"today because it is the easiest way to gain access to a broad range of "
#. PAGE BREAK 303
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14081
+#: freeculture.xml:14272
msgid ""
"But it will become a reality, and that means the way we get access to the "
"Internet today is a technology in transition. Policy makers should not make "
"where with the flip of a device, you are connected."
msgstr ""
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14286
+msgid "cell phones, music streamed over"
+msgstr ""
+
#. f8.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14114
+#: freeculture.xml:14306
msgid ""
-"See, for example, \"Music Media Watch,\" The J@pan Inc. Newsletter, 3 April "
-"2002, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#76</ulink>."
+"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>."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14096
+#: freeculture.xml:14288
msgid ""
"In that world, it will be extremely easy to connect to services that give "
"you access to content on the fly—such as Internet radio, content that "
"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 form of MP3s across the "
+"<quote>free</quote> content is available in the form of MP3s across the "
"Web.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. PAGE BREAK 304
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14121
+#: freeculture.xml:14313
msgid ""
"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—to the extent there is a real problem—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 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 artists get paid, during this "
+"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 artists get paid, during this "
"transition between twentieth-century models for doing business and "
"twenty-first-century technologies."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14137
+#: freeculture.xml:14329
msgid ""
-"The answer begins with recognizing that there are different \"problems\" "
-"here to solve. Let's start with type D content—uncopyrighted content "
-"or copyrighted content that the artist wants shared. The \"problem\" 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 nothing to do with ransoms. It would be wrong to "
-"ban pay phones in order to eliminate kidnapping."
+"The answer begins with recognizing that there are different "
+"<quote>problems</quote> here to solve. Let's start with type D "
+"content—uncopyrighted content or copyrighted content that the artist "
+"wants shared. The <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 "
+"nothing to do with ransoms. It would be wrong to ban pay phones in order to "
+"eliminate kidnapping."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14148
+#: freeculture.xml:14340
msgid ""
-"Type C content raises a different \"problem.\" 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 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."
+"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 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."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14157
+#: freeculture.xml:14349
msgid ""
"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 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 from the author's perspective, this \"sharing\" "
-"of his content without his being compensated is less than ideal."
+"book stores' existing. But from the author's perspective, this "
+"<quote>sharing</quote> of his content without his being compensated is less "
+"than ideal."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14167
+#: freeculture.xml:14359
msgid ""
"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, 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."
+"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."
msgstr ""
#. PAGE BREAK 305
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14178
+#: freeculture.xml:14370
msgid ""
"Alternatively, the law could create a statutory license that would ensure "
"that artists get something from the trade of their work. For example, if the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14188
+#: freeculture.xml:14380
msgid ""
"This system would also create an incentive for publishers to keep works "
"available commercially. Works that are available commercially would not be "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14198
+#: freeculture.xml:14390
msgid ""
"The hard case is content of types A and B, and again, this case is hard only "
"because the extent of the problem will change over time, as the technologies "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14206
+#: freeculture.xml:14398
msgid ""
"So here's a solution that will at first seem very strange to both sides in "
"this war, but which upon reflection, I suggest, should make some sense."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14210
+#: freeculture.xml:14402
msgid ""
"Stripped of the rhetoric about the sanctity of property, the basic claim of "
"the content industry is this: A new technology (the Internet) has harmed a "
#. PAGE BREAK 306
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14221
+#: freeculture.xml:14413
msgid ""
"I love the Internet, and so I don't like likening it to tobacco or "
"asbestos. But the analogy is a fair one from the perspective of the law. "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:14266
+#: freeculture.xml:14462
msgid "Fisher, William"
msgstr ""
-#. type: Content of: <book><chapter><section><section><
para><indexterm><primary>
-#: freeculture.xml:14268 freeculture.xml:14294
+#. type: Content of: <book><chapter><section><section><indexterm><primary>
+#: freeculture.xml:14464 freeculture.xml:14477
msgid "Promises to Keep (Fisher)"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14233
+#: freeculture.xml:14425
msgid ""
-"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 "
-"Fisher, <citetitle>Promises to Keep: Technology, Law, and the Future of "
+"<placeholder type=\"indexterm\" id=\"0\"/> 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 Fisher, "
+"<citetitle>Promises to Keep: Technology, Law, and the Future of "
"Entertainment</citetitle> (forthcoming) (Stanford: Stanford University "
"Press, 2004), ch. 6, available at <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 "
+"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, \"Who's Holding Back Broadband?\" <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 "
+"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, "
-"\"Kazaa, Verizon Propose to Pay Artists Directly,\" <citetitle>USA "
-"Today</citetitle>, 13 May 2002, available at <ulink "
+"<quote>Kazaa, Verizon Propose to Pay Artists Directly,</quote> "
+"
<citetitle>USA Today</citetitle>, 13 May 2002, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #82</ulink>; Steven M. Cherry, "
-"\"Getting Copyright Right,\" 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 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 "
-"DAT. Unlike Fisher's, Stallman's proposal would not pay artists directly "
-"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>. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> "
-"<placeholder type=\"indexterm\" id=\"2\"/>"
+"<quote>Getting Copyright Right,</quote> IEEE Spectrum Online, 1 July 2002, "
+"available at <ulink url=\"http://free-culture.cc/notes/\">link #83</ulink>; "
+"Declan 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 DAT. Unlike Fisher's, "
+"Stallman's proposal would not pay artists directly 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>. "
+"<placeholder type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" "
+"id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/>"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14229
+#: freeculture.xml:14421
msgid ""
"The idea would be a modification of a proposal that has been floated by "
"Harvard law professor William Fisher.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14281
+#: freeculture.xml:14479
msgid ""
"Fisher's proposal is careful and comprehensive. It raises a million "
"questions, most of which he answers well in his upcoming book, "
"years. If it continues to make sense to facilitate free exchange of content, "
"supported through a taxation 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. <placeholder type=\"indexterm\" "
-"id=\"0\"/>"
+"old system of controlling access."
msgstr ""
#. PAGE BREAK 307
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14297
+#: freeculture.xml:14498
msgid ""
"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\" possible. But the aims "
-"of semiotic democracy would be satisfied if the other changes I described "
-"were accomplished—in particular, the limits on derivative 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."
+"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—in particular, the limits on derivative "
+"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."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14311
-msgid ""
-"No doubt it would be difficult to calculate the proper measure of \"harm\" "
-"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 when Apple launched the "
-"MusicStore, it could beat \"free\" 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 have none of the costs of a CD to pay.) Apple's "
-"move was countered by 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."
+#: freeculture.xml:14512
+msgid ""
+"No doubt it would be difficult to calculate the proper measure of "
+"<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 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 have none of the costs of a CD to pay.) Apple's move was "
+"countered by 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."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14326
+#: freeculture.xml:14528
msgid ""
-"This competition has already occurred against the background of \"free\" "
-"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.\" 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—with \"first class\" seats, and meals served while you watch "
-"a movie—as they struggle and succeed in finding ways to compete with "
-"\"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 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 theaters are often luxurious—with "
+"<quote>first class</quote> seats, and meals served while you watch a "
+"movie—as they struggle and succeed in finding ways to compete with "
+"<quote>free.</quote>"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14338
+#: freeculture.xml:14540
msgid ""
"This regime of competition, with a backstop to assure that artists don't "
"lose, would facilitate a great deal of innovation in the delivery of "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14347
+#: freeculture.xml:14549
msgid "In summary, then, my proposal is this:"
msgstr ""
#. PAGE BREAK 308
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14352
+#: freeculture.xml:14554
msgid ""
"The Internet is in transition. We should not be regulating a technology in "
"transition. We should instead be regulating to minimize the harm to "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14359
+#: freeculture.xml:14561
msgid "We can minimize that harm while maximizing the benefit to innovation by"
msgstr ""
#. 1.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14365
+#: freeculture.xml:14567
msgid "guaranteeing the right to engage in type D sharing;"
msgstr ""
#. 2.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14369
+#: freeculture.xml:14571
msgid ""
"permitting noncommercial type C sharing without liability, and commercial "
"type C sharing at a low and fixed rate set by statute;"
#. 3.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14375
+#: freeculture.xml:14577
msgid ""
"while in this transition, taxing and compensating for type A sharing, to the "
"extent actual harm is demonstrated."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14380
+#: freeculture.xml:14582
msgid ""
-"But what if \"piracy\" doesn't disappear? What if there is a competitive "
-"market providing content at a low cost, but a significant number of "
-"consumers continue to \"take\" content for nothing? Should the law do "
-"something then?"
+"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 consumers continue to <quote>take</quote> content for nothing? Should the "
+"law do something then?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14386
+#: freeculture.xml:14588
msgid ""
"Yes, it should. But, again, what it should do depends upon how the facts "
"develop. These changes may not eliminate type A sharing. But the real issue "
#. PAGE BREAK 309
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14400
+#: freeculture.xml:14602
msgid ""
"But we're a long way away from whittling the problem down to this subset of "
"type A sharers. And our focus until we're there should not be on finding "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:14411
+#: freeculture.xml:14613
msgid "5. Fire Lots of Lawyers"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14413
+#: freeculture.xml:14615
msgid ""
"I'm a lawyer. I make lawyers for a living. I believe in the law. I believe "
"in the law of copyright. Indeed, I have devoted my life to working in law, "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14419
+#: freeculture.xml:14621
msgid ""
"Yet much of this book has been a criticism of lawyers, or the role lawyers "
"have played in this debate. The law speaks to ideals, but it is my view that "
#. f10.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14436
+#: freeculture.xml:14638
msgid ""
-"Lawrence Lessig, \"Copyright's First Amendment\" (Melville B. Nimmer "
-"Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 (2001): 1057, "
-"1069–70."
+"Lawrence Lessig, <quote>Copyright's First Amendment</quote> (Melville "
+"B. Nimmer Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 "
+"(2001): 1057, 1069–70."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14427
-msgid ""
-"The evidence of this bending is compelling. I'm attacked as a \"radical\" 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 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.<placeholder "
-"type=\"footnote\" id=\"0\"/>"
+#: freeculture.xml:14629
+msgid ""
+"The evidence of this bending is compelling. I'm attacked as a "
+"<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 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.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14442
+#: freeculture.xml:14644
msgid ""
"However, my criticism of the role that lawyers have played in this debate is "
"not just about a professional bias. It is more importantly about our failure "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14452
+#: freeculture.xml:14654
msgid ""
"A good example is the work of Professor Stan Liebowitz. Liebowitz is to be "
"commended for his careful review of data about infringement, leading him to "
"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, \"Will MP3s Annihilate the Record Industry?\" "
-"working paper, June 2003, available at <ulink "
+"with Stan J. Liebowitz, <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 effect of file-sharing "
"technology. In my view, however, he underestimates the costs of the legal "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14447
+#: freeculture.xml:14649
msgid ""
"Economists are supposed to be good at reckoning costs and benefits. But "
"more often than not, economists, with no clue about how the legal system "
#. PAGE BREAK 310
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14476
+#: freeculture.xml:14678
msgid ""
"But the legal system doesn't work. Or more accurately, it doesn't work for "
"anyone except those with the most resources. Not because the system is "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14484
+#: freeculture.xml:14686
msgid ""
"These costs distort free culture in many ways. A lawyer's time is billed at "
"the largest firms at more than $400 per hour. How much time should such a "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14494
+#: freeculture.xml:14696
msgid ""
"The costliness and clumsiness and randomness of this system mock our "
"tradition. And lawyers, as well as academics, should consider it their duty "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14502
+#: freeculture.xml:14704
msgid ""
"But until that reform is complete, we as a society should keep the law away "
"from areas that we know it will only harm. And that is precisely what the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14508
+#: freeculture.xml:14711
msgid ""
"Think about the amazing things your kid could do or make with digital "
"technology—the film, the music, the Web page, the blog. Or think about "
#. PAGE BREAK 311
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14517
+#: freeculture.xml:14720
msgid ""
"The law should regulate in certain areas of culture—but it should "
"regulate culture only where that regulation does good. Yet lawyers 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?\""
+"question: <quote>Will it do good?</quote> When challenged about the "
+"expanding reach of the law, the lawyer answers, <quote>Why not?</quote>"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14526
+#: freeculture.xml:14729
msgid ""
-"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."
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:14535
+#: freeculture.xml:14738
msgid "NOTES"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14537
+#: freeculture.xml:14740
msgid ""
"Throughout this text, there are references to links on the World Wide "
"Web. As anyone who has tried to use the Web knows, these links can be highly "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:14552
+#: freeculture.xml:14755
msgid "ACKNOWLEDGMENTS"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14554
+#: freeculture.xml:14757
msgid ""
"This book is the product of a long and as yet unsuccessful struggle that "
"began when I read of Eric Eldred's war to keep books free. Eldred's work "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14561
+#: freeculture.xml:14764
msgid ""
"I received guidance in various places from friends and academics, including "
"Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner, Mark Rose, and "
#. PAGE BREAK 337
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14574
+#: freeculture.xml:14777
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14585
+#: freeculture.xml:14788
msgid ""
"These are the traditional sorts of help that academics regularly draw "
"upon. But in addition to them, the Internet has made it possible to receive "
"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,\" 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.)"
+"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.)"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14605
+#: freeculture.xml:14808
msgid ""
"Richard Stallman and Michael Carroll each read the whole book in draft, and "
"each provided extremely helpful correction and advice. Michael helped me to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14614
+#: freeculture.xml:14817
msgid ""
"Finally, and forever, I am thankful to Bettina, who has always insisted that "
"there would be unending happiness away from these battles, and who has "
projects / text-free-culture-lessig.git / blobdiff