Translate two more.

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

diff --git a/freeculture.xml b/freeculture.xml
index f294234b4b98936cf911b836a457edf1fb18f254..c2eaba3f33ba5c13f013fe0d7a5e9c7f022ab2ad 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -176,11 +176,11 @@ Excerpt from an editorial titled <quote>The Coming of Copyright Perpetuity,</quo
 &copy; 2003 by The New York Times Co.  Reprinted with permission.
 </para>
 <para>
 &copy; 2003 by The New York Times Co.  Reprinted with permission.
 </para>
 <para>

-Cartoon in <xref linkend="fig-1711"/> by Paul Conrad, copyright Tribune
+Cartoon in <xref linkend="fig-1711-vcr-handgun-cartoonfig"/> by Paul Conrad, copyright Tribune

 Media Services, Inc.  All rights reserved. Reprinted with permission.
 </para>
 <para>
 Media Services, Inc.  All rights reserved. Reprinted with permission.
 </para>
 <para>

-Diagram in <xref linkend="fig-1761"/> courtesy of the office of FCC
+Diagram in <xref linkend="fig-1761-pattern-modern-media-ownership"/> courtesy of the office of FCC

 Commissioner, Michael J. Copps.
 </para>
 <para>
 Commissioner, Michael J. Copps.
 </para>
 <para>


@@ -322,9 +322,7 @@ c      INDEX
 
 <preface id="preface">
 <title>PREFACE</title>
 
 <preface id="preface">
 <title>PREFACE</title>

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

 <para>
 <emphasis role="bold">At the end</emphasis> of his review of my first
 book, <citetitle>Code: And Other Laws of Cyberspace</citetitle>, David
 <para>
 <emphasis role="bold">At the end</emphasis> of his review of my first
 book, <citetitle>Code: And Other Laws of Cyberspace</citetitle>, David


@@ -360,7 +358,7 @@ off. It is an argument about how the battles that now rage 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.
 </para>
 on-line have fundamentally affected <quote>people who aren't online.</quote> There
 is no switch that will insulate us from the Internet's effect.
 </para>

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

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


@@ -397,7 +395,9 @@ disinterested, then the story I tell here will trouble you. For the
 changes I describe affect values that both sides of our political
 culture deem fundamental.
 </para>
 changes I describe affect values that both sides of our political
 culture deem fundamental.
 </para>

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

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

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

 <indexterm><primary>Stevens, Ted</primary></indexterm>
 <para>
 We saw a glimpse of this bipartisan outrage in the early summer of
 <indexterm><primary>Stevens, Ted</primary></indexterm>
 <para>
 We saw a glimpse of this bipartisan outrage in the early summer of


@@ -409,7 +409,6 @@ 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,
 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,

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

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


@@ -433,6 +432,7 @@ altering the way our culture gets made; that change should worry
 you&mdash;whether or not you care about the Internet, and whether you're on
 Safire's left or on his right.
 </para>
 you&mdash;whether or not you care about the Internet, and whether you're on
 Safire's left or on his right.
 </para>

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

 <para>
 <emphasis role="strong">The inspiration</emphasis> for the title and for
 much of the argument of this book comes from the work of Richard
 <para>
 <emphasis role="strong">The inspiration</emphasis> for the title and for
 much of the argument of this book comes from the work of Richard


@@ -477,17 +477,7 @@ book is written.
 <!-- PAGE BREAK 16 -->
 <chapter label="0" id="c-introduction">
 <title>INTRODUCTION</title>
 <!-- PAGE BREAK 16 -->
 <chapter label="0" id="c-introduction">
 <title>INTRODUCTION</title>

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

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


@@ -496,6 +486,9 @@ and its importance widely understood. Almost immediately, there
 was an explosion of interest in this newfound technology of manned
 flight, and a gaggle of innovators began to build upon it.
 </para>
 was an explosion of interest in this newfound technology of manned
 flight, and a gaggle of innovators began to build upon it.
 </para>

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

 <para>
 At the time the Wright brothers invented the airplane, American
 law held that a property owner presumptively owned not just the surface
 <para>
 At the time the Wright brothers invented the airplane, American
 law held that a property owner presumptively owned not just the surface


@@ -509,6 +502,7 @@ years, scholars had puzzled about how best to interpret the idea that
 rights in land ran to the heavens. Did that mean that you owned the
 stars? Could you prosecute geese for their willful and regular trespass?
 </para>
 rights in land ran to the heavens. Did that mean that you owned the
 stars? Could you prosecute geese for their willful and regular trespass?
 </para>

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

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


@@ -533,6 +527,8 @@ property, and the Causbys wanted it to stop.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

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

 <para>
 The Supreme Court agreed to hear the Causbys' case. Congress had
 declared the airways public, but if one's property really extended to the
 <para>
 The Supreme Court agreed to hear the Causbys' case. Congress had
 declared the airways public, but if one's property really extended to the


@@ -570,6 +566,7 @@ Goldstein, <citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press
 <para>
 <quote>Common sense revolts at the idea.</quote>
 </para>
 <para>
 <quote>Common sense revolts at the idea.</quote>
 </para>

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

 <para>
 This is how the law usually works. Not often this abruptly or
 impatiently, but eventually, this is how it works. It was Douglas's style not to
 <para>
 This is how the law usually works. Not often this abruptly or
 impatiently, but eventually, this is how it works. It was Douglas's style not to


@@ -602,15 +599,15 @@ end, the force of what seems <quote>obvious</quote> to everyone else&mdash;the p
 <quote>common sense</quote>&mdash;would prevail. Their <quote>private interest</quote> would not be
 allowed to defeat an obvious public gain.
 </para>
 <quote>common sense</quote>&mdash;would prevail. Their <quote>private interest</quote> would not be
 allowed to defeat an obvious public gain.
 </para>

-<indexterm startref='idxproprigtair' class='endofrange'/>
-<indexterm startref='idxlandownership' class='endofrange'/>
-<indexterm startref='idxairtraffic' class='endofrange'/>
-<indexterm id='idxarmstrongedwin' class='startofrange'>
-  <primary>Armstrong, Edwin Howard</primary>
-</indexterm>
+<indexterm startref='idxairtrafficlandownershipvs' class='endofrange'/>
+<indexterm startref='idxlandownershipairtrafficand' class='endofrange'/>
+<indexterm startref='idxpropertyrightsairtrafficvs' class='endofrange'/>
+<indexterm startref='idxsupremecourtusonairspacevslandrights' class='endofrange'/>
+<indexterm id='idxarmstrongedwinhoward' class='startofrange'><primary>Armstrong, Edwin Howard</primary></indexterm>

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

+<indexterm id='idxradiofmspectrumof' class='startofrange'><primary>radio</primary><secondary>FM spectrum of</secondary></indexterm>

 <para>
 <emphasis role='strong'>Edwin Howard Armstrong</emphasis> is one of
 America's forgotten inventor geniuses. He came to the great American
 <para>
 <emphasis role='strong'>Edwin Howard Armstrong</emphasis> is one of
 America's forgotten inventor geniuses. He came to the great American


@@ -662,6 +659,8 @@ Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard Armstrong</citet
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

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

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


@@ -671,13 +670,13 @@ the United States, but the stations in large cities were all owned by
 a handful of networks.
 <!--PAGE BREAK 20-->
 </para>
 a handful of networks.
 <!--PAGE BREAK 20-->
 </para>

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

 <para>
 RCA's president, David Sarnoff, a friend of Armstrong's, was eager
 that Armstrong discover a way to remove static from AM radio. So
 Sarnoff was quite excited when Armstrong told him he had a device
 that removed static from <quote>radio.</quote> But when Armstrong demonstrated
 his invention, Sarnoff was not pleased.
 <para>
 RCA's president, David Sarnoff, a friend of Armstrong's, was eager
 that Armstrong discover a way to remove static from AM radio. So
 Sarnoff was quite excited when Armstrong told him he had a device
 that removed static from <quote>radio.</quote> But when Armstrong demonstrated
 his invention, Sarnoff was not pleased.

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

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


@@ -692,16 +691,15 @@ www.webstationone.com/fecha, available at
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

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

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

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

 </para>
 </para>

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

 <blockquote>
 <para>
 The forces for FM, largely engineering, could not overcome the weight
 <blockquote>
 <para>
 The forces for FM, largely engineering, could not overcome the weight


@@ -713,6 +711,7 @@ on which RCA had grown to power.<footnote><para>Lessing, 226.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

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

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


@@ -737,7 +736,7 @@ Lessing, 256.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

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

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


@@ -749,6 +748,8 @@ FM relaying stations would mean radio stations would have to buy
 wired links from AT&amp;T.) The spread of FM radio was thus choked, at
 least temporarily.
 </para>
 wired links from AT&amp;T.) The spread of FM radio was thus choked, at
 least temporarily.
 </para>

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

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


@@ -761,7 +762,8 @@ would not even cover Armstrong's lawyers' fees. Defeated, broken, and
 now broke, in 1954 Armstrong wrote a short note to his wife and then
 stepped out of a thirteenth-story window to his death.
 </para>
 now broke, in 1954 Armstrong wrote a short note to his wife and then
 stepped out of a thirteenth-story window to his death.
 </para>

-<indexterm startref='idxarmstrongedwin' class='endofrange'/>
+<indexterm startref='idxfmradio' class='endofrange'/>
+<indexterm startref='idxarmstrongedwinhoward' class='endofrange'/>

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


@@ -778,6 +780,9 @@ another, are sustained through this subtle corruption of our political
 process. RCA had what the Causbys did not: the power to stifle the
 effect of technological change.
 </para>
 process. RCA had what the Causbys did not: the power to stifle the
 effect of technological change.
 </para>

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

 <para>
 <emphasis role="strong">There's no</emphasis> single inventor of the Internet. Nor is there any good date
 upon which to mark its birth. Yet in a very short time, the Internet
 <para>
 <emphasis role="strong">There's no</emphasis> single inventor of the Internet. Nor is there any good date
 upon which to mark its birth. Yet in a very short time, the Internet


@@ -813,6 +818,10 @@ old as the Republic itself. Most, if they recognized this change,
 would reject it. Yet most don't even see the change that the Internet
 has introduced.
 </para>
 would reject it. Yet most don't even see the change that the Internet
 has introduced.
 </para>

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

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


@@ -824,8 +833,6 @@ 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.
 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.

-<indexterm><primary>Barlow, Joel</primary></indexterm>
-<indexterm><primary>Webster, Noah</primary></indexterm>

 </para>
 <para>
 At the beginning of our history, and for just about the whole of our
 </para>
 <para>
 At the beginning of our history, and for just about the whole of our


@@ -838,6 +845,7 @@ individuals shared and transformed their culture&mdash;telling
 stories, reenacting scenes from plays or TV, participating in fan
 clubs, sharing music, making tapes&mdash;were left alone by the law.
 </para>
 stories, reenacting scenes from plays or TV, participating in fan
 clubs, sharing music, making tapes&mdash;were left alone by the law.
 </para>

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

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


@@ -860,6 +868,8 @@ and it has become an increasingly important part in America. But in no
 sense was it dominant within our tradition. It was instead just one
 part, a controlled part, balanced with the free.
 </para>
 sense was it dominant within our tradition. It was instead just one
 part, a controlled part, balanced with the free.
 </para>

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

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


@@ -879,6 +889,7 @@ been undone.  The consequence is that we are less and less a free
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->

+<indexterm><primary>protection of artists vs. business interests</primary></indexterm>

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


@@ -892,6 +903,7 @@ shared have united to induce lawmakers to use the law to protect
 them. It is the story of RCA and Armstrong; it is the dream of the
 Causbys.
 </para>
 them. It is the story of RCA and Armstrong; it is the dream of the
 Causbys.
 </para>

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

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


@@ -920,6 +932,8 @@ more efficient, more vibrant technology for building culture. They are
 succeeding in their plan to remake the Internet before the Internet
 remakes them.
 </para>
 succeeding in their plan to remake the Internet before the Internet
 remakes them.
 </para>

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

 <para>
 It doesn't seem this way to many. The battles over copyright and the
 <!-- PAGE BREAK 25 -->
 <para>
 It doesn't seem this way to many. The battles over copyright and the
 <!-- PAGE BREAK 25 -->


@@ -951,6 +965,10 @@ 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 <quote>pirates</quote> will also rid our
 culture of values that have been integral to our tradition from the start.
 </para>
 this change, the war to rid the world of Internet <quote>pirates</quote> will also rid our
 culture of values that have been integral to our tradition from the start.
 </para>

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

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


@@ -998,6 +1016,7 @@ come to understand the source of this war. We must resolve it soon.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

+<indexterm id='idxintellectualpropertyrights' class='startofrange'><primary>intellectual property rights</primary></indexterm>

 <para>
 <emphasis role="strong">Like the Causbys'</emphasis> battle, this war is, in part, about <quote>property.</quote>  The
 property of this war is not as tangible as the Causbys', and no
 <para>
 <emphasis role="strong">Like the Causbys'</emphasis> battle, this war is, in part, about <quote>property.</quote>  The
 property of this war is not as tangible as the Causbys', and no


@@ -1026,6 +1045,7 @@ war. Unlike
 the lucky Wright brothers, the Internet has not inspired a revolution
 on its side.
 </para>
 the lucky Wright brothers, the Internet has not inspired a revolution
 on its side.
 </para>

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

 <para>
 My hope is to push this common sense along. I have become increasingly
 amazed by the power of this idea of intellectual property and, more
 <para>
 My hope is to push this common sense along. I have become increasingly
 amazed by the power of this idea of intellectual property and, more


@@ -1072,6 +1092,7 @@ sheriff arresting an airplane for trespass. But the consequences of
 this silliness will be much more profound.
 <!-- PAGE BREAK 28 -->
 </para>
 this silliness will be much more profound.
 <!-- PAGE BREAK 28 -->
 </para>

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

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


@@ -1110,9 +1131,10 @@ to which most of us remain oblivious.
 <title><quote>PIRACY</quote></title>
 <partintro>
 <!-- PAGE BREAK 30 -->
 <title><quote>PIRACY</quote></title>
 <partintro>
 <!-- PAGE BREAK 30 -->

-<indexterm id="idxmansfield1" class='startofrange'>
-  <primary>Mansfield, William Murray, Lord</primary>
-</indexterm>
+<indexterm><primary>Copyright law</primary><secondary>English</secondary></indexterm>
+<indexterm id='idxmansfieldwilliammurraylord' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>
+<indexterm><primary>music publishing</primary></indexterm>
+<indexterm><primary>sheet music</primary></indexterm>

 <para>
 <emphasis role="strong">Since the inception</emphasis> of the law regulating creative property, there has
 been a war against <quote>piracy.</quote> The precise contours of this concept,
 <para>
 <emphasis role="strong">Since the inception</emphasis> of the law regulating creative property, there has
 been a war against <quote>piracy.</quote> The precise contours of this concept,


@@ -1129,8 +1151,10 @@ of them for his own use.<footnote><para>
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777) (Mansfield).
 </para></footnote>
 </para>
 <citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 Eng. Rep. 1274 (1777) (Mansfield).
 </para></footnote>
 </para>

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

 </blockquote>
 </blockquote>

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

 <para>
 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
 <para>
 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


@@ -1148,6 +1172,7 @@ sharing of copyrighted content. That sharing in turn has excited the
 war, as copyright owners fear the sharing will <quote>rob the author of the
 profit.</quote>
 </para>
 war, as copyright owners fear the sharing will <quote>rob the author of the
 profit.</quote>
 </para>

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

 <para>
 The warriors have turned to the courts, to the legislatures, and
 increasingly to technology to defend their <quote>property</quote> against this
 <para>
 The warriors have turned to the courts, to the legislatures, and
 increasingly to technology to defend their <quote>property</quote> against this


@@ -1175,11 +1200,11 @@ from someone else without permission is wrong. It is a form of
 piracy.
 </para>
 </blockquote>
 piracy.
 </para>
 </blockquote>

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

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

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

 <para>
 This view runs deep within the current debates. It is what NYU law
 professor Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> 
 <para>
 This view runs deep within the current debates. It is what NYU law
 professor Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> 


@@ -1203,7 +1228,7 @@ Speech, No One Wins,</quote> <citetitle>Boston Globe</citetitle>, 24 November 20
 There was <quote>value</quote> (the songs) so there must have been a
 <quote>right</quote>&mdash;even against the Girl Scouts.
 </para>
 There was <quote>value</quote> (the songs) so there must have been a
 <quote>right</quote>&mdash;even against the Girl Scouts.
 </para>

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

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


@@ -1212,7 +1237,9 @@ of law protecting creative property. But the <quote>if value, then right</quote>
 theory of creative property has never been America's theory of
 creative property.  It has never taken hold within our law.
 </para>
 theory of creative property has never been America's theory of
 creative property.  It has never taken hold within our law.
 </para>

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

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


@@ -1227,6 +1254,7 @@ work on the one hand and building upon or transforming that work on
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>

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

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


@@ -1235,6 +1263,7 @@ entities could bear the burden of the law&mdash;even the burden of the
 Byzantine complexity that copyright law has become. It was just one
 more expense of doing business.
 </para>
 Byzantine complexity that copyright law has become. It was just one
 more expense of doing business.
 </para>

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

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


@@ -1272,6 +1301,7 @@ under which it will be enabled are much more tenuous.
 Unfortunately, we are also seeing an extraordinary rise of regulation of
 this creative class.
 </para>
 Unfortunately, we are also seeing an extraordinary rise of regulation of
 this creative class.
 </para>

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

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


@@ -1282,12 +1312,11 @@ context the current battles about behavior labeled <quote>piracy.</quote>
 <!-- PAGE BREAK 34 -->
 <chapter label="1" id="creators">
 <title>CHAPTER ONE: Creators</title>
 <!-- PAGE BREAK 34 -->
 <chapter label="1" id="creators">
 <title>CHAPTER ONE: Creators</title>

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

 <para>
 <emphasis role="strong">In 1928</emphasis>, a cartoon character was born. An early Mickey Mouse
 made his debut in May of that year, in a silent flop called <citetitle>Plane Crazy</citetitle>.
 <para>
 <emphasis role="strong">In 1928</emphasis>, a cartoon character was born. An early Mickey Mouse
 made his debut in May of that year, in a silent flop called <citetitle>Plane Crazy</citetitle>.


@@ -1295,6 +1324,7 @@ In November, in New York City's Colony Theater, in the first widely
 distributed cartoon synchronized with sound, <citetitle>Steamboat Willie</citetitle> brought
 to life the character that would become Mickey Mouse.
 </para>
 distributed cartoon synchronized with sound, <citetitle>Steamboat Willie</citetitle> brought
 to life the character that would become Mickey Mouse.
 </para>

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

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


@@ -1330,11 +1360,11 @@ Cartoons</citetitle> (New York: Penguin Books, 1987), 34&ndash;35.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

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

 <para>
 Disney's then partner, and one of animation's most extraordinary
 talents, Ub Iwerks, put it more strongly: <quote>I have never been so thrilled
 in my life. Nothing since has ever equaled it.</quote>
 <para>
 Disney's then partner, and one of animation's most extraordinary
 talents, Ub Iwerks, put it more strongly: <quote>I have never been so thrilled
 in my life. Nothing since has ever equaled it.</quote>

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

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


@@ -1345,6 +1375,9 @@ Disney's invention that set the standard that others struggled to
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>

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

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


@@ -1359,6 +1392,8 @@ Jr</citetitle>. was a classic of this form, famous among film buffs for its
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>

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

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


@@ -1382,6 +1417,12 @@ Steamboat Bill, Jr., itself inspired by the song <quote>Steamboat Bill,</quote>
 that we get Steamboat Willie, and then from Steamboat Willie, Mickey
 Mouse.
 </para>
 that we get Steamboat Willie, and then from Steamboat Willie, Mickey
 Mouse.
 </para>

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

 <para>
 This <quote>borrowing</quote> was nothing unique, either for Disney or for the
 industry. Disney was always parroting the feature-length mainstream
 <para>
 This <quote>borrowing</quote> was nothing unique, either for Disney or for the
 industry. Disney was always parroting the feature-length mainstream


@@ -1401,6 +1442,7 @@ were built upon a base that was borrowed.  Disney added to the work of
 others before him, creating something new out of something just barely
 old.
 </para>
 others before him, creating something new out of something just barely
 old.
 </para>

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

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


@@ -1432,7 +1474,7 @@ creativity from the culture around him, mixed that creativity with his
 own extraordinary talent, and then burned that mix into the soul of
 his culture. Rip, mix, and burn.
 </para>
 own extraordinary talent, and then burned that mix into the soul of
 his culture. Rip, mix, and burn.
 </para>

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

 <para>
 This is a kind of creativity. It is a creativity that we should
 remember and celebrate. There are some who would say that there is no
 <para>
 This is a kind of creativity. It is a creativity that we should
 remember and celebrate. There are some who would say that there is no


@@ -1442,6 +1484,12 @@ would be a bit misleading. It is, more precisely, <quote>Walt Disney
 creativity</quote>&mdash;a form of expression and genius that builds upon the
 culture around us and makes it something different.
 </para>
 creativity</quote>&mdash;a form of expression and genius that builds upon the
 culture around us and makes it something different.
 </para>

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

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


@@ -1473,6 +1521,8 @@ for Disney to use and build upon in 1928. It was free for
 anyone&mdash; whether connected or not, whether rich or not, whether
 approved or not&mdash;to use and build upon.
 </para>
 anyone&mdash; whether connected or not, whether rich or not, whether
 approved or not&mdash;to use and build upon.
 </para>

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

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


@@ -1487,12 +1537,22 @@ permission. Yet today, the public domain is presumptive only for
 content from before the Great Depression.
 </para>
 <indexterm startref='idxcartoonfilms' class='endofrange'/>
 content from before the Great Depression.
 </para>
 <indexterm startref='idxcartoonfilms' class='endofrange'/>

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

 <para>
 <emphasis role="strong">Of course</emphasis>, Walt Disney had no monopoly on <quote>Walt Disney creativity.</quote>
 Nor does America. The norm of free culture has, until recently, and
 except within totalitarian nations, been broadly exploited and quite
 universal.
 </para>
 <para>
 <emphasis role="strong">Of course</emphasis>, Walt Disney had no monopoly on <quote>Walt Disney creativity.</quote>
 Nor does America. The norm of free culture has, until recently, and
 except within totalitarian nations, been broadly exploited and quite
 universal.
 </para>

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

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


@@ -1518,6 +1578,8 @@ But my purpose here is not to understand manga. It is to describe a
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>

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

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


@@ -1533,6 +1595,7 @@ must be different if they are to be considered true doujinshi. Indeed,
 there are committees that review doujinshi for inclusion within shows
 and reject any copycat comic that is merely a copy.
 </para>
 there are committees that review doujinshi for inclusion within shows
 and reject any copycat comic that is merely a copy.
 </para>

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

 <para>
 These copycat comics are not a tiny part of the manga market. They are
 huge. More than 33,000 <quote>circles</quote> of creators from across Japan produce
 <para>
 These copycat comics are not a tiny part of the manga market. They are
 huge. More than 33,000 <quote>circles</quote> of creators from across Japan produce


@@ -1544,6 +1607,8 @@ competes with that market, but there is no sustained effort by those
 who control the commercial manga market to shut the doujinshi market
 down. It flourishes, despite the competition and despite the law.
 </para>
 who control the commercial manga market to shut the doujinshi market
 down. It flourishes, despite the competition and despite the law.
 </para>

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

 <para>
 The most puzzling feature of the doujinshi market, for those trained
 in the law, at least, is that it is allowed to exist at all. Under
 <para>
 The most puzzling feature of the doujinshi market, for those trained
 in the law, at least, is that it is allowed to exist at all. Under


@@ -1558,9 +1623,8 @@ the permission of the original copyright owner is illegal. It is an
 infringement of the original copyright to make a copy or a derivative
 work without the original copyright owner's permission.
 </para>
 infringement of the original copyright to make a copy or a derivative
 work without the original copyright owner's permission.
 </para>

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

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


@@ -1576,6 +1640,7 @@ For an excellent history, see Scott McCloud, <citetitle>Reinventing Comics</cite
 York: Perennial, 2000).
 </para></footnote>
 </para>
 York: Perennial, 2000).
 </para></footnote>
 </para>

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

 <indexterm><primary>Superman comics</primary></indexterm>
 <para>
 American comics now are quite different, Winick explains, in part
 <indexterm><primary>Superman comics</primary></indexterm>
 <para>
 American comics now are quite different, Winick explains, in part


@@ -1585,7 +1650,10 @@ and you have to stick to them.</quote> There are things Superman <quote>cannot</
 do. <quote>As a creator, it's frustrating having to stick to some parameters
 which are fifty years old.</quote>
 </para>
 do. <quote>As a creator, it's frustrating having to stick to some parameters
 which are fifty years old.</quote>
 </para>

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

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


@@ -1605,6 +1673,9 @@ individual self-interest and decide not to press their legal
 rights. This is essentially a prisoner's dilemma solved.</quote>
 </para></footnote>
 </para>
 rights. This is essentially a prisoner's dilemma solved.</quote>
 </para></footnote>
 </para>

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

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


@@ -1616,6 +1687,8 @@ individual manga artists have sued doujinshi artists, why is there not
 a more general pattern of blocking this <quote>free taking</quote> by the doujinshi
 culture?
 </para>
 a more general pattern of blocking this <quote>free taking</quote> by the doujinshi
 culture?
 </para>

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

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


@@ -1635,6 +1708,7 @@ uncompensated sharing? Does piracy here hurt the victims of the
 piracy, or does it help them? Would lawyers fighting this piracy help
 their clients or hurt them?
 </para>
 piracy, or does it help them? Would lawyers fighting this piracy help
 their clients or hurt them?
 </para>

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

 <para>
 <emphasis role='strong'>Let's pause</emphasis> for a moment.
 </para>
 <para>
 <emphasis role='strong'>Let's pause</emphasis> for a moment.
 </para>


@@ -1649,6 +1723,7 @@ 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
 <quote>intellectual property.</quote><footnote><para>
 <!-- f7 -->
 believe in the value of that weird form of property that lawyers call
 <quote>intellectual property.</quote><footnote><para>
 <!-- f7 -->

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

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


@@ -1656,12 +1731,14 @@ University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of Idea
 describes a set of <quote>property</quote> rights&mdash;copyright, patents,
 trademark, and trade-secret&mdash;but the nature of those rights is
 very different.
 describes a set of <quote>property</quote> rights&mdash;copyright, patents,
 trademark, and trade-secret&mdash;but the nature of those rights is
 very different.

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

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

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

 <para>
 But it takes just a second's reflection to realize that there is
 plenty of value out there that <quote>property</quote> doesn't capture. I don't
 <para>
 But it takes just a second's reflection to realize that there is
 plenty of value out there that <quote>property</quote> doesn't capture. I don't


@@ -1677,6 +1754,7 @@ Disney's use would have been considered <quote>fair.</quote> There was nothing
 wrong with the taking from the Grimms because the Grimms' work was in
 the public domain.
 </para>
 wrong with the taking from the Grimms because the Grimms' work was in
 the public domain.
 </para>

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

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


@@ -1686,6 +1764,12 @@ valuable, our tradition does not treat those takings as wrong. Some
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>

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

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


@@ -1694,12 +1778,20 @@ saying the artist was wrong. In addition to having trespassed, he would
 have stolen something of value. The law bans that stealing in whatever
 form, whether large or small.
 </para>
 have stolen something of value. The law bans that stealing in whatever
 form, whether large or small.
 </para>

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

 <para>
 Yet there is an obvious reluctance, even among Japanese lawyers, to
 say that the copycat comic artists are <quote>stealing.</quote> This form of Walt
 Disney creativity is seen as fair and right, even if lawyers in
 particular find it hard to say why.
 </para>
 <para>
 Yet there is an obvious reluctance, even among Japanese lawyers, to
 say that the copycat comic artists are <quote>stealing.</quote> This form of Walt
 Disney creativity is seen as fair and right, even if lawyers in
 particular find it hard to say why.
 </para>

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

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


@@ -1725,6 +1817,7 @@ every society has left a certain bit of its culture free for the taking&mdash;fr
 societies more fully than unfree, perhaps, but all societies to some degree.
 <!-- PAGE BREAK 43 -->
 </para>
 societies more fully than unfree, perhaps, but all societies to some degree.
 <!-- PAGE BREAK 43 -->
 </para>

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

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


@@ -1742,18 +1835,15 @@ Free cultures are cultures that leave a great deal open for others to
 build upon; unfree, or permission, cultures leave much less. Ours was a
 free culture. It is becoming much less so.
 </para>
 build upon; unfree, or permission, cultures leave much less. Ours was a
 free culture. It is becoming much less so.
 </para>

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

 
 <!-- PAGE BREAK 44 -->
 </chapter>
 <chapter label="2" id="mere-copyists">
 <title>CHAPTER TWO: <quote>Mere Copyists</quote></title>
 
 <!-- PAGE BREAK 44 -->
 </chapter>
 <chapter label="2" id="mere-copyists">
 <title>CHAPTER TWO: <quote>Mere Copyists</quote></title>

-<indexterm id='idxcameratech' class='startofrange'>
-  <primary>camera technology</primary>
-</indexterm>
-<indexterm id="idxphotography" class='startofrange'>
-  <primary>photography</primary>
-</indexterm>

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

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

 <para>
 <emphasis role='strong'>In 1839</emphasis>, Louis Daguerre invented
 the first practical technology for producing what we would call
 <para>
 <emphasis role='strong'>In 1839</emphasis>, Louis Daguerre invented
 the first practical technology for producing what we would call


@@ -1764,6 +1854,7 @@ zealous and wealthy amateurs. (There was even an American Daguerre
 Association that helped regulate the industry, as do all such
 associations, by keeping competition down so as to keep prices up.)
 </para>
 Association that helped regulate the industry, as do all such
 associations, by keeping competition down so as to keep prices up.)
 </para>

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

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


@@ -1774,11 +1865,8 @@ 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.
 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.

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

 </para>
 </para>

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

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


@@ -1791,6 +1879,8 @@ a developer, driving the costs of photography down substantially. By
 lowering the costs, Eastman expected he could dramatically broaden the
 population of photographers.
 </para>
 lowering the costs, Eastman expected he could dramatically broaden the
 population of photographers.
 </para>

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

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


@@ -1799,7 +1889,6 @@ do the rest.</quote><footnote><para>
 <!-- f1 -->
 Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: Johns Hopkins University Press, 1975), 112.
 </para></footnote> As he described in <citetitle>The Kodak Primer</citetitle>:
 <!-- f1 -->
 Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: Johns Hopkins University Press, 1975), 112.
 </para></footnote> As he described in <citetitle>The Kodak Primer</citetitle>:

-<indexterm><primary>Kodak Primer, The (Eastman)</primary></indexterm>

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


@@ -1814,12 +1903,13 @@ preliminary study, without a darkroom and without
 chemicals.<footnote>
 <para>
 <!-- f2 -->
 chemicals.<footnote>
 <para>
 <!-- f2 -->

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

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

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

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

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

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


@@ -1839,7 +1929,6 @@ an average annual increase of over 17 percent.<footnote><para>
 Based on a chart in Jenkins, p. 178.
 </para></footnote>
 </para>
 Based on a chart in Jenkins, p. 178.
 </para></footnote>
 </para>

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

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


@@ -1858,6 +1947,8 @@ interpretation or bias.</quote><footnote><para>
 Coe, 58.
 </para></footnote>
 </para>
 Coe, 58.
 </para></footnote>
 </para>

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

 <para>
 In this way, the Kodak camera and film were technologies of
 expression.  The pencil or paintbrush was also a technology of
 <para>
 In this way, the Kodak camera and film were technologies of
 expression.  The pencil or paintbrush was also a technology of


@@ -1871,6 +1962,8 @@ creativity that the Kodak enabled. Democratic tools gave ordinary
 people a way to express themselves more easily than any tools could
 have before.
 </para>
 people a way to express themselves more easily than any tools could
 have before.
 </para>

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

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


@@ -1888,6 +1981,8 @@ v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905);
 Dist. Ct. 1894).
 </para></footnote>
 </para>
 Dist. Ct. 1894).
 </para></footnote>
 </para>

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

 <para>
 The arguments in favor of requiring permission will sound surprisingly
 familiar. The photographer was <quote>taking</quote> something from the person or
 <para>
 The arguments in favor of requiring permission will sound surprisingly
 familiar. The photographer was <quote>taking</quote> something from the person or


@@ -1900,6 +1995,7 @@ Mickey, so, too, should these photographers not be free to take images
 that they thought valuable.
 </para>
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>
 that they thought valuable.
 </para>
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>

+<indexterm><primary>Steamboat Bill, Jr.</primary></indexterm>

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


@@ -1917,6 +2013,7 @@ gets something for nothing. Just as Disney could take inspiration from
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>

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

 <indexterm><primary>images, ownership of</primary></indexterm>
 <para>
 Fortunately for Mr. Eastman, and for photography in general, these
 <indexterm><primary>images, ownership of</primary></indexterm>
 <para>
 Fortunately for Mr. Eastman, and for photography in general, these


@@ -1936,6 +2033,7 @@ Inc</citetitle>., 971 F.  2d 1395 (9th Cir. 1992), cert. denied, 508 U.S. 951
 (1993).
 </para></footnote>)
 </para>
 (1993).
 </para></footnote>)
 </para>

+<indexterm><primary>Napster</primary></indexterm>

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


@@ -1951,6 +2049,8 @@ imagine the law then requiring that some form of permission be
 demonstrated before a company developed pictures. We could imagine a
 system developing to demonstrate that permission.
 </para>
 demonstrated before a company developed pictures. We could imagine a
 system developing to demonstrate that permission.
 </para>

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

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


@@ -1966,7 +2066,9 @@ that growth would have been realized. And certainly, nothing like that
 growth in a democratic technology of expression would have been
 realized.
 </para>
 growth in a democratic technology of expression would have been
 realized.
 </para>

-<indexterm><primary>camera technology</primary></indexterm>
+<indexterm startref='idxphotography' class='endofrange'/>
+<indexterm startref='idxeastmangeorge' class='endofrange'/>
+<indexterm startref='idxpermissionsphotographyexemptedfrom' class='endofrange'/>

 <para>
 <emphasis role='strong'>If you drive</emphasis> through San
 Francisco's Presidio, you might see two gaudy yellow school buses
 <para>
 <emphasis role='strong'>If you drive</emphasis> through San
 Francisco's Presidio, you might see two gaudy yellow school buses


@@ -1983,8 +2085,6 @@ schools and enable three hundred to five hundred children to learn
 something about media by doing something with media.  By doing, they
 think. By tinkering, they learn.
 </para>
 something about media by doing something with media.  By doing, they
 think. By tinkering, they learn.
 </para>

-<indexterm startref="idxeastmangeorge" class='endofrange'/>
-<indexterm startref="idxphotography" class='endofrange'/>

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


@@ -2002,6 +2102,7 @@ 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>
 </para>
 just buses like this, but classrooms across the country where kids are
 learning more and more of something teachers call <quote>media literacy.</quote>
 </para>

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

 <para>
 <!-- PAGE BREAK 49 -->
 <quote>Media literacy,</quote> as Dave Yanofsky, the executive director of Just
 <para>
 <!-- PAGE BREAK 49 -->
 <quote>Media literacy,</quote> as Dave Yanofsky, the executive director of Just


@@ -2009,7 +2110,6 @@ Think!, puts it, <quote>is the ability &hellip; to understand, analyze, and
 deconstruct media images. Its aim is to make [kids] literate about the
 way media works, the way it's constructed, the way it's delivered, and
 the way people access it.</quote>
 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>

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

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


@@ -2312,6 +2412,7 @@ in those elections. The cycle of these elections has become totally
 professionalized and routinized. Most of us think this is democracy.
 </para>
 <indexterm><primary>Tocqueville, Alexis de</primary></indexterm>
 professionalized and routinized. Most of us think this is democracy.
 </para>
 <indexterm><primary>Tocqueville, Alexis de</primary></indexterm>

+<indexterm><primary>jury system</primary></indexterm>

 <para>
 But democracy has never just been about elections. Democracy
 means rule by the people, but rule means something more than mere
 <para>
 But democracy has never just been about elections. Democracy
 means rule by the people, but rule means something more than mere


@@ -2357,9 +2458,8 @@ Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton Univers
 </para></footnote> We say what our friends want to hear, and hear very
 little beyond what our friends say.
 </para>
 </para></footnote> We say what our friends want to hear, and hear very
 little beyond what our friends say.
 </para>

-<indexterm id='idxblogs1' class='startofrange'>
-  <primary>blogs (Web-logs)</primary>
-</indexterm>
+<indexterm id='idxblogs1' class='startofrange'><primary>blogs (Web-logs)</primary></indexterm>
+<indexterm><primary>e-mail</primary></indexterm>

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


@@ -2379,13 +2479,14 @@ the left. Some of the most popular sites are conservative or libertarian,
 but there are many of all political stripes. And even blogs that are not
 political cover political issues when the occasion merits.
 </para>
 but there are many of all political stripes. And even blogs that are not
 political cover political issues when the occasion merits.
 </para>

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

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

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

 </para>
 </para>

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

 <indexterm><primary>Thurmond, Strom</primary></indexterm>
 <para>
 One direct effect is on stories that had a different life cycle in the
 <indexterm><primary>Thurmond, Strom</primary></indexterm>
 <para>
 One direct effect is on stories that had a different life cycle in the


@@ -2402,7 +2503,6 @@ resign as senate majority leader.<footnote><para>
 Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the Pot,</quote> New
 York Times, 16 January 2003, G5.
 </para></footnote>
 Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the Pot,</quote> New
 York Times, 16 January 2003, G5.
 </para></footnote>

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

 </para>
 <para>
 This different cycle is possible because the same commercial pressures
 </para>
 <para>
 This different cycle is possible because the same commercial pressures


@@ -2420,9 +2520,7 @@ rises in the ranks of stories. People read what is popular; what is
 popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>
 popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>

-<indexterm id="idxwinerdave" class='startofrange'>
-  <primary>Winer, Dave</primary>
-</indexterm>
+<indexterm id='idxwinerdave' class='startofrange'><primary>Winer, Dave</primary></indexterm>

 <para>
 There's a second way, as well, in which blogs have a different cycle
 <!-- PAGE BREAK 57 -->
 <para>
 There's a second way, as well, in which blogs have a different cycle
 <!-- PAGE BREAK 57 -->


@@ -2519,12 +2617,8 @@ extraordinary to report.
 </para>
 <indexterm startref='idxblogs1' class='endofrange'/>
 <indexterm startref="idxwinerdave" class='endofrange'/>
 </para>
 <indexterm startref='idxblogs1' class='endofrange'/>
 <indexterm startref="idxwinerdave" class='endofrange'/>

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

 <para>
 <emphasis role='strong'>John Seely Brown</emphasis> is the chief
 scientist of the Xerox Corporation.  His work, as his Web site
 <para>
 <emphasis role='strong'>John Seely Brown</emphasis> is the chief
 scientist of the Xerox Corporation.  His work, as his Web site


@@ -2649,9 +2743,7 @@ quipped to me in a rare moment of despondence.
 <chapter label="3" id="catalogs">
 <title>CHAPTER THREE: Catalogs</title>
 <indexterm><primary>RPI</primary><see>Rensselaer Polytechnic Institute (RPI)</see></indexterm>
 <chapter label="3" id="catalogs">
 <title>CHAPTER THREE: Catalogs</title>
 <indexterm><primary>RPI</primary><see>Rensselaer Polytechnic Institute (RPI)</see></indexterm>

-<indexterm id="idxrensselaer" class='startofrange'>
-  <primary>Rensselaer Polytechnic Institute (RPI)</primary>
-</indexterm>
+<indexterm id='idxrensselaer' class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary></indexterm>

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


@@ -2827,10 +2919,7 @@ paper saying he and his family were bankrupt.
 So Jesse faced a mafia-like choice: $250,000 and a chance at winning,
 or $12,000 and a settlement.
 </para>
 So Jesse faced a mafia-like choice: $250,000 and a chance at winning,
 or $12,000 and a settlement.
 </para>

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

 <para>
 The recording industry insists this is a matter of law and morality.
 Let's put the law aside for a moment and think about the morality.
 <para>
 The recording industry insists this is a matter of law and morality.
 Let's put the law aside for a moment and think about the morality.


@@ -2894,10 +2983,10 @@ now.
 <para>
 The film industry of Hollywood was built by fleeing pirates.<footnote><para>
 <!-- f1 -->
 <para>
 The film industry of Hollywood was built by fleeing pirates.<footnote><para>
 <!-- f1 -->

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

 I am grateful to Peter DiMauro for pointing me to this extraordinary 
 history. See also Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 87&ndash;93,
 which details Edison's <quote>adventures</quote> with copyright and patent.
 I am grateful to Peter DiMauro for pointing me to this extraordinary 
 history. See also Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 87&ndash;93,
 which details Edison's <quote>adventures</quote> with copyright and patent.

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

 </para></footnote>
 Creators and directors migrated from the East Coast to California in
 the early twentieth century in part to escape controls that patents
 </para></footnote>
 Creators and directors migrated from the East Coast to California in
 the early twentieth century in part to escape controls that patents


@@ -2922,6 +3011,9 @@ summer of 1909 the independent movement was in full-swing,
 with producers and theater owners using illegal equipment and
 imported film stock to create their own underground market.
 </para>
 with producers and theater owners using illegal equipment and
 imported film stock to create their own underground market.
 </para>

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

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


@@ -2947,9 +3039,6 @@ Chicago Law School, James M. Olin Program in Law and Economics,
 Working Paper No. 159.
 <indexterm><primary>broadcast flag</primary></indexterm>
 </para></footnote>
 Working Paper No. 159.
 <indexterm><primary>broadcast flag</primary></indexterm>
 </para></footnote>

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

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


@@ -2985,9 +3074,7 @@ Edison's creative property.
 The record industry was born of another kind of piracy, though to see
 how requires a bit of detail about the way the law regulates music.
 </para>
 The record industry was born of another kind of piracy, though to see
 how requires a bit of detail about the way the law regulates music.
 </para>

-<indexterm id="idxfourneauxhenri" class='startofrange'>
-  <primary>Fourneaux, Henri</primary>
-</indexterm>
+<indexterm id="idxfourneauxhenri" class='startofrange'><primary>Fourneaux, Henri</primary></indexterm>

 <indexterm><primary>Russel, Phil</primary></indexterm>
 <para>
 At the time that Edison and Henri Fourneaux invented machines
 <indexterm><primary>Russel, Phil</primary></indexterm>
 <para>
 At the time that Edison and Henri Fourneaux invented machines


@@ -3068,6 +3155,9 @@ To Amend and Consolidate the Acts Respecting Copyright, 23
 (statement of John Philip Sousa, composer).
 </para></footnote>
 </para>
 (statement of John Philip Sousa, composer).
 </para></footnote>
 </para>

+<indexterm><primary>American Graphophone Company</primary></indexterm>
+<indexterm><primary>player pianos</primary></indexterm>
+<indexterm><primary>sheet music</primary></indexterm>

 <para>
 These arguments have familiar echoes in the wars of our day. So, too,
 do the arguments on the other side. The innovators who developed the
 <para>
 These arguments have familiar echoes in the wars of our day. So, too,
 do the arguments on the other side. The innovators who developed the


@@ -3092,7 +3182,6 @@ To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared
 memorandum of Philip Mauro, general patent counsel of the American
 Graphophone Company Association).
 </para></footnote>
 memorandum of Philip Mauro, general patent counsel of the American
 Graphophone Company Association).
 </para></footnote>

-<indexterm><primary>American Graphophone Company</primary></indexterm>

 </para>
 <para>
 The law soon resolved this battle in favor of the composer
 </para>
 <para>
 The law soon resolved this battle in favor of the composer


@@ -3186,10 +3275,7 @@ creative work, the record producers, and the public, benefit.
 </section>
 <section id="radio">
 <title>Radio</title>
 </section>
 <section id="radio">
 <title>Radio</title>

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

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


@@ -3236,9 +3322,7 @@ something for nothing. It gets to perform the recording artist's work
 for free, even if it must pay the composer something for the privilege
 of playing the song.
 </para>
 for free, even if it must pay the composer something for the privilege
 of playing the song.
 </para>

-<indexterm id="idxmadonna" class='startofrange'>
-  <primary>Madonna</primary>
-</indexterm>
+<indexterm id="idxmadonna" class='startofrange'><primary>Madonna</primary></indexterm>

 <para>
 This difference can be huge. Imagine you compose a piece of music.
 Imagine it is your first. You own the exclusive right to authorize
 <para>
 This difference can be huge. Imagine you compose a piece of music.
 Imagine it is your first. You own the exclusive right to authorize


@@ -3268,9 +3352,7 @@ to take something for nothing.
 </section>
 <section id="cabletv">
 <title>Cable TV</title>
 </section>
 <section id="cabletv">
 <title>Cable TV</title>

-<indexterm id='idxcabletv1' class='startofrange'>
-  <primary>cable television</primary>
-</indexterm>
+<indexterm id='idxcabletv1' class='startofrange'><primary>cable television</primary></indexterm>

 <para>
 Cable TV was also born of a kind of piracy.
 </para>
 <para>
 Cable TV was also born of a kind of piracy.
 </para>


@@ -3433,10 +3515,7 @@ has so often done in the past.
 <section id="piracy-i">
 <title>Piracy I</title>
 <indexterm><primary>Asia, commercial piracy in</primary></indexterm>
 <section id="piracy-i">
 <title>Piracy I</title>
 <indexterm><primary>Asia, commercial piracy in</primary></indexterm>

-<indexterm id='idxcdsforeign' class='startofrange'>
-  <primary>CDs</primary>
-  <secondary>foreign piracy of</secondary>
-</indexterm>
+<indexterm id='idxcdsforeign' class='startofrange'><primary>CDs</primary><secondary>foreign piracy of</secondary></indexterm>

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


@@ -3482,7 +3561,7 @@ legal wrong, but a locally legal wrong as well.
 <para>
 True, these local rules have, in effect, been imposed upon these
 countries. No country can be part of the world economy and choose
 <para>
 True, these local rules have, in effect, been imposed upon these
 countries. No country can be part of the world economy and choose

-<beginpage pagenum="77"/>
+<!-- PAGE BREAK 77-->

 not to protect copyright internationally. We may have been born a
 pirate nation, but we will not allow any other nation to have a
 similar childhood.
 not to protect copyright internationally. We may have been born a
 pirate nation, but we will not allow any other nation to have a
 similar childhood.


@@ -3566,6 +3645,14 @@ technology of a time, then it is wrong to take property without the
 permission of a property owner. That is exactly what <quote>property</quote> means.
 </para>
 <indexterm><primary>Asia, commercial piracy in</primary></indexterm>
 permission of a property owner. That is exactly what <quote>property</quote> means.
 </para>
 <indexterm><primary>Asia, commercial piracy in</primary></indexterm>

+<indexterm><primary>piracy</primary><secondary>in Asia</secondary></indexterm>
+<indexterm><primary>free software/open-source software (FS/OSS)</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>competitive strategies of</secondary></indexterm>
+<indexterm><primary>Windows</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>international software piracy of</secondary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>Windows operating system of</secondary></indexterm>

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


@@ -3578,14 +3665,8 @@ Microsoft, Microsoft benefits from the piracy. If instead of pirating
 Microsoft Windows, the Chinese used the free GNU/Linux operating
 system, then these Chinese users would not eventually be buying
 Microsoft.  Without piracy, then, Microsoft would lose.
 Microsoft Windows, the Chinese used the free GNU/Linux operating
 system, then these Chinese users would not eventually be buying
 Microsoft.  Without piracy, then, Microsoft would lose.

-<indexterm><primary>GNU/Linux operating system</primary></indexterm>
-<indexterm><primary>Linux operating system</primary></indexterm>
-<indexterm>
-<primary>Microsoft</primary>
-<secondary>Windows operating system of</secondary>
-</indexterm>
-<indexterm><primary>Windows</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>law</primary><secondary>databases of case reports in</secondary></indexterm>

 <para>
 This argument, too, is somewhat true. The addiction strategy is a good
 one. Many businesses practice it. Some thrive because of it. Law
 <para>
 This argument, too, is somewhat true. The addiction strategy is a good
 one. Many businesses practice it. Some thrive because of it. Law


@@ -3594,6 +3675,10 @@ databases. The companies marketing both hope the students will become
 so used to their service that they will want to use it and not the
 other when they become lawyers (and must pay high subscription fees).
 </para>
 so used to their service that they will want to use it and not the
 other when they become lawyers (and must pay high subscription fees).
 </para>

+<indexterm><primary>Netscape</primary></indexterm>
+<indexterm><primary>Internet Explorer</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>

 <para>
 Still, the argument is not terribly persuasive. We don't give the
 alcoholic a defense when he steals his first beer, merely because that
 <para>
 Still, the argument is not terribly persuasive. We don't give the
 alcoholic a defense when he steals his first beer, merely because that


@@ -3606,10 +3691,6 @@ means giving the property owner the right to say who gets access to
 what&mdash;at least ordinarily. And if the law properly balances the
 rights of the copyright owner with the rights of access, then
 violating the law is still wrong.
 what&mdash;at least ordinarily. And if the law properly balances the
 rights of the copyright owner with the rights of access, then
 violating the law is still wrong.

-<indexterm><primary>GNU/Linux operating system</primary></indexterm>
-<indexterm><primary>Internet Explorer</primary></indexterm>
-<indexterm><primary>Netscape</primary></indexterm>
-<indexterm><primary>Linux operating system</primary></indexterm>

 </para>
 <para>
 <!-- PAGE BREAK 79 -->
 </para>
 <para>
 <!-- PAGE BREAK 79 -->


@@ -3664,6 +3745,7 @@ law should seek to either prevent it or find an alternative to assure the
 author of his profit.
 </para>
 <indexterm><primary>innovation</primary></indexterm>
 author of his profit.
 </para>
 <indexterm><primary>innovation</primary></indexterm>

+<indexterm><primary>Fanning, Shawn</primary></indexterm>

 <para>
 Peer-to-peer sharing was made famous by Napster. But the inventors of
 the Napster technology had not made any major technological
 <para>
 Peer-to-peer sharing was made famous by Napster. But the inventors of
 the Napster technology had not made any major technological


@@ -3683,7 +3765,6 @@ Christensen's ideas, see Lawrence Lessig, <citetitle>Future</citetitle>, 89&ndas
 <indexterm><primary>Christensen, Clayton M.</primary></indexterm>
 </para></footnote>), Shawn Fanning and crew had simply
 put together components that had been developed independently.
 <indexterm><primary>Christensen, Clayton M.</primary></indexterm>
 </para></footnote>), Shawn Fanning and crew had simply
 put together components that had been developed independently.

-<indexterm><primary>Fanning, Shawn</primary></indexterm>

 </para>
 <para>
 The result was spontaneous combustion. Launched in July 1999,
 </para>
 <para>
 The result was spontaneous combustion. Launched in July 1999,


@@ -3745,7 +3826,9 @@ File sharers share different kinds of content. We can divide these
 different kinds into four types.
 </para>
 <orderedlist numeration="upperalpha">
 different kinds into four types.
 </para>
 <orderedlist numeration="upperalpha">

-<listitem><para>
+<listitem>
+<indexterm><primary>Madonna</primary></indexterm>
+<para>

 <!-- A. -->
 There are some who use sharing networks as substitutes for purchasing
 content. Thus, when a new Madonna CD is released, rather than buying
 <!-- A. -->
 There are some who use sharing networks as substitutes for purchasing
 content. Thus, when a new Madonna CD is released, rather than buying


@@ -3754,7 +3837,6 @@ everyone who takes it would actually have bought it if sharing didn't
 make it available for free. Most probably wouldn't have, but clearly
 there are some who would.  The latter are the target of category A:
 users who download instead of purchasing.
 make it available for free. Most probably wouldn't have, but clearly
 there are some who would.  The latter are the target of category A:
 users who download instead of purchasing.

-<indexterm><primary>Madonna</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- B. -->
 </para></listitem>
 <listitem><para>
 <!-- B. -->


@@ -3818,10 +3900,7 @@ about radio, and broadcasters complained about cable TV, the music
 industry complains that type A sharing is a kind of <quote>theft</quote> that is
 <quote>devastating</quote> the industry.
 </para>
 industry complains that type A sharing is a kind of <quote>theft</quote> that is
 <quote>devastating</quote> the industry.
 </para>

-<indexterm id='idxcassette' class='startofrange'>
-  <primary>cassette recording</primary>
-  <secondary>VCRs</secondary>
-</indexterm>
+<indexterm id='idxcassette' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 While the numbers do suggest that sharing is harmful, how
 harmful is harder to reckon. It has long been the recording industry's
 <para>
 While the numbers do suggest that sharing is harmful, how
 harmful is harder to reckon. It has long been the recording industry's


@@ -3848,6 +3927,7 @@ when record sales fell by 11.4 percent in 1981, the industry claimed
 that its point was proved. Technology was the problem, and banning or
 regulating technology was the answer.
 </para>
 that its point was proved. Technology was the problem, and banning or
 regulating technology was the answer.
 </para>

+<indexterm><primary>MTV</primary></indexterm>

 <para>
 Yet soon thereafter, and before Congress was given an opportunity
 to enact regulation, MTV was launched, and the industry had a record
 <para>
 Yet soon thereafter, and before Congress was given an opportunity
 to enact regulation, MTV was launched, and the industry had a record


@@ -3882,10 +3962,7 @@ therefore have little <emphasis>static</emphasis> reason to resist
 them.
 
 </para>
 them.
 
 </para>

-<indexterm id='idxcdssales' class='startofrange'>
-  <primary>CDs</primary>
-  <secondary>sales levels of</secondary>
-</indexterm>
+<indexterm id='idxcdssales' class='startofrange'><primary>CDs</primary><secondary>sales levels of</secondary></indexterm>

 <para>
 Could that be true? Could the industry as a whole be gaining because
 of file sharing? Odd as that might sound, the data about CD sales
 <para>
 Could that be true? Could the industry as a whole be gaining because
 of file sharing? Odd as that might sound, the data about CD sales


@@ -3987,10 +4064,7 @@ available, the vast majority of it is unavailable solely because the
 publisher or the distributor has decided it no longer makes economic
 sense <emphasis>to the company</emphasis> to make it available.
 </para>
 publisher or the distributor has decided it no longer makes economic
 sense <emphasis>to the company</emphasis> to make it available.
 </para>

-<indexterm>
-  <primary>books</primary>
-  <secondary>resales of</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>

 <para>
 In real space&mdash;long before the Internet&mdash;the market had a simple
 <!-- PAGE BREAK 85 -->
 <para>
 In real space&mdash;long before the Internet&mdash;the market had a simple
 <!-- PAGE BREAK 85 -->


@@ -3998,10 +4072,7 @@ response to this problem: used book and record stores. There are
 thousands of used book and used record stores in America
 today.<footnote><para>
 <!-- f16 -->
 thousands of used book and used record stores in America
 today.<footnote><para>
 <!-- f16 -->

-<indexterm>
-  <primary>books</primary>
-  <secondary>resales of</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>

 While there are not good estimates of the number of used record stores
 in existence, in 2002, there were 7,198 used book dealers in the
 United States, an increase of 20 percent since 1993. See Book Hunter
 While there are not good estimates of the number of used record stores
 in existence, in 2002, there were 7,198 used book dealers in the
 United States, an increase of 20 percent since 1993. See Book Hunter


@@ -4023,10 +4094,7 @@ statutory licensing, they don't have to pay the copyright owner for
 the content they sell.
 </para>
 <indexterm><primary>Bernstein, Leonard</primary></indexterm>
 the content they sell.
 </para>
 <indexterm><primary>Bernstein, Leonard</primary></indexterm>

-<indexterm>
-  <primary>books</primary>
-  <secondary>out of print</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 <para>
 Type C sharing, then, is very much like used book stores or used
 record stores. It is different, of course, because the person making
 <para>
 Type C sharing, then, is very much like used book stores or used
 record stores. It is different, of course, because the person making


@@ -4048,10 +4116,7 @@ stores. Or put differently, if you think that type C sharing should be
 stopped, do you think that libraries and used book stores should be
 shut as well?
 </para>
 stopped, do you think that libraries and used book stores should be
 shut as well?
 </para>

-<indexterm id='idxbooksfreeonline1' class='startofrange'>
-  <primary>books</primary>
-  <secondary>free on-line releases of</secondary>
-</indexterm>
+<indexterm id='idxbooksfreeonline1' class='startofrange'><primary>books</primary><secondary>free on-line releases of</secondary></indexterm>

 <para>
 Finally, and perhaps most importantly, file-sharing networks enable
 type D sharing to occur&mdash;the sharing of content that copyright owners
 <para>
 Finally, and perhaps most importantly, file-sharing networks enable
 type D sharing to occur&mdash;the sharing of content that copyright owners


@@ -4145,10 +4210,7 @@ technology.  In this adjustment, the law sought to ensure the
 legitimate rights of creators while protecting innovation. Sometimes
 this has meant more rights for creators. Sometimes less.
 </para>
 legitimate rights of creators while protecting innovation. Sometimes
 this has meant more rights for creators. Sometimes less.
 </para>

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

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


@@ -4161,9 +4223,7 @@ respected (since the radio station did not have to pay them for the
 creativity it broadcast), Congress rejected their claim. An indirect
 benefit was enough.
 </para>
 creativity it broadcast), Congress rejected their claim. An indirect
 benefit was enough.
 </para>

-<indexterm id='idxcabletv2' class='startofrange'>
-  <primary>cable television</primary>
-</indexterm>
+<indexterm id='idxcabletv2' class='startofrange'><primary>cable television</primary></indexterm>

 <para>
 Cable TV followed the pattern of record albums. When the courts
 rejected the claim that cable broadcasters had to pay for the content
 <para>
 Cable TV followed the pattern of record albums. When the courts
 rejected the claim that cable broadcasters had to pay for the content


@@ -4192,10 +4252,7 @@ Congress chose a path that would assure
 </para>
 <indexterm startref='idxcabletv2' class='endofrange'/>
 <indexterm><primary>Betamax</primary></indexterm>
 </para>
 <indexterm startref='idxcabletv2' class='endofrange'/>
 <indexterm><primary>Betamax</primary></indexterm>

-<indexterm id='idxcassettevcrs1' class='startofrange'>
-  <primary>cassette recording</primary>
-  <secondary>VCRs</secondary>
-</indexterm>
+<indexterm id='idxcassettevcrs1' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 In the same year that Congress struck this balance, two major
 producers and distributors of film content filed a lawsuit against
 <para>
 In the same year that Congress struck this balance, two major
 producers and distributors of film content filed a lawsuit against


@@ -4386,6 +4443,7 @@ technology to benefit from content made before. It balanced the
 interests at stake.
 <!-- PAGE BREAK 91 -->
 </para>
 interests at stake.
 <!-- PAGE BREAK 91 -->
 </para>

+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 When you think across these examples, and the other examples that
 make up the first four chapters of this section, this balance makes
 <para>
 When you think across these examples, and the other examples that
 make up the first four chapters of this section, this balance makes


@@ -4547,10 +4605,7 @@ from the implications that the copyright warriors would have us draw.
 <title>CHAPTER SIX: Founders</title>
 <indexterm><primary>Henry V</primary></indexterm>
 <indexterm><primary>Branagh, Kenneth</primary></indexterm>
 <title>CHAPTER SIX: Founders</title>
 <indexterm><primary>Henry V</primary></indexterm>
 <indexterm><primary>Branagh, Kenneth</primary></indexterm>

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

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


@@ -4593,9 +4648,7 @@ one else could publish copies of a book to which they held the
 copyright.  Prices of the classics were thus kept high; competition to
 produce better or cheaper editions was eliminated.
 </para>
 copyright.  Prices of the classics were thus kept high; competition to
 produce better or cheaper editions was eliminated.
 </para>

-<indexterm id='idxbritishparliament' class='startofrange'>
-  <primary>British Parliament</primary>
-</indexterm>
+<indexterm id='idxbritishparliament' class='startofrange'><primary>British Parliament</primary></indexterm>

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


@@ -4606,13 +4659,14 @@ fourteen years, renewable once if the author was alive, and that all
 works already published by 1710 would get a single term of twenty-one
 additional years.<footnote><para>
 <!-- f3 -->
 works already published by 1710 would get a single term of twenty-one
 additional years.<footnote><para>
 <!-- f3 -->

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

 As Siva Vaidhyanathan nicely argues, it is erroneous to call this a
 <quote>copyright law.</quote> See Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 40.
 As Siva Vaidhyanathan nicely argues, it is erroneous to call this a
 <quote>copyright law.</quote> See Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 40.

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

 </para></footnote> Under this law, <citetitle>Romeo and Juliet</citetitle> should have been
 free in 1731. So why was there any issue about it still being under
 Tonson's control in 1774?
 </para>
 </para></footnote> Under this law, <citetitle>Romeo and Juliet</citetitle> should have been
 free in 1731. So why was there any issue about it still being under
 Tonson's control in 1774?
 </para>

+<indexterm><primary>Licensing Act (1662)</primary></indexterm>

 <para>
 The reason is that the English hadn't yet agreed on what a <quote>copyright</quote>
 was&mdash;indeed, no one had. At the time the English passed the
 <para>
 The reason is that the English hadn't yet agreed on what a <quote>copyright</quote>
 was&mdash;indeed, no one had. At the time the English passed the


@@ -4623,7 +4677,6 @@ 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.
 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.

-<indexterm><primary>Licensing Act (1662)</primary></indexterm>

 </para>
 <para>
 There was no <emphasis>positive</emphasis> law, but that didn't mean
 </para>
 <para>
 There was no <emphasis>positive</emphasis> law, but that didn't mean


@@ -4731,9 +4784,7 @@ have it forever.</quote>) The state would protect the exclusive right, but
 only so long as it benefited society. The British saw the harms from
 specialinterest favors; they passed a law to stop them.
 </para>
 only so long as it benefited society. The British saw the harms from
 specialinterest favors; they passed a law to stop them.
 </para>

-<indexterm id='idxbooksellers' class='startofrange'>
-  <primary>booksellers, English</primary>
-</indexterm>
+<indexterm id='idxbooksellers' class='startofrange'><primary>booksellers, English</primary></indexterm>

 <para>
 Second, about booksellers. It wasn't just that the copyright was a
 monopoly. It was also that it was a monopoly held by the booksellers.
 <para>
 Second, about booksellers. It wasn't just that the copyright was a
 monopoly. It was also that it was a monopoly held by the booksellers.


@@ -4824,6 +4875,7 @@ they had the right to ban the publication of a book, even if its
 Statute of Anne copyright had expired. This, they argued, was the only
 way to protect authors.
 </para>
 Statute of Anne copyright had expired. This, they argued, was the only
 way to protect authors.
 </para>

+<indexterm><primary>Patterson, Raymond</primary></indexterm>

 <para>
 This was a clever argument, and one that had the support of some of
 the leading jurists of the day. It also displayed extraordinary
 <para>
 This was a clever argument, and one that had the support of some of
 the leading jurists of the day. It also displayed extraordinary


@@ -4831,10 +4883,11 @@ chutzpah.  Until then, as law professor Raymond Patterson has put it,
 <quote>The publishers &hellip; had as much concern for authors as a cattle
 rancher has for cattle.</quote><footnote><para>
 <!-- f6 -->
 <quote>The publishers &hellip; had as much concern for authors as a cattle
 rancher has for cattle.</quote><footnote><para>
 <!-- f6 -->

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

 Lyman Ray Patterson, <quote>Free Speech, Copyright, and Fair Use,</quote> <citetitle>Vanderbilt
 Law Review</citetitle> 40 (1987): 28. For a wonderfully compelling account, see
 Vaidhyanathan, 37&ndash;48.
 Lyman Ray Patterson, <quote>Free Speech, Copyright, and Fair Use,</quote> <citetitle>Vanderbilt
 Law Review</citetitle> 40 (1987): 28. For a wonderfully compelling account, see
 Vaidhyanathan, 37&ndash;48.

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

 </para></footnote>
 The bookseller didn't care squat for the rights of the author.  His
 concern was the monopoly profit that the author's work gave.
 </para></footnote>
 The bookseller didn't care squat for the rights of the author.  His
 concern was the monopoly profit that the author's work gave.


@@ -4848,6 +4901,8 @@ For a compelling account, see David Saunders, <citetitle>Authorship and Copyrigh
 (London: Routledge, 1992), 62&ndash;69.
 </para></footnote>
 </para>
 (London: Routledge, 1992), 62&ndash;69.
 </para></footnote>
 </para>

+<indexterm><primary>Boswell, James</primary></indexterm>
+<indexterm><primary>Erskine, Andrew</primary></indexterm>

 <para>
 Donaldson was an outsider to the London Conger. He began his
 career in Edinburgh in 1750. The focus of his business was inexpensive
 <para>
 Donaldson was an outsider to the London Conger. He began his
 career in Edinburgh in 1750. The focus of his business was inexpensive


@@ -4867,8 +4922,6 @@ of contemporary Scottish poems with Donaldson.</quote><footnote><para>
 <!-- f9 -->
 Ibid., 93.
 </para></footnote>
 <!-- f9 -->
 Ibid., 93.
 </para></footnote>

-<indexterm><primary>Boswell, James</primary></indexterm>
-<indexterm><primary>Erskine, Andrew</primary></indexterm>

 </para>
 <para>
 When the London booksellers tried to shut down Donaldson's shop in
 </para>
 <para>
 When the London booksellers tried to shut down Donaldson's shop in


@@ -4877,6 +4930,7 @@ inexpensive editions <quote>of the most popular English books, in defiance
 of the supposed common law right of Literary
 Property.</quote><footnote><para>
 <!-- f10 -->
 of the supposed common law right of Literary
 Property.</quote><footnote><para>
 <!-- f10 -->

+<indexterm><primary>Patterson, Raymond</primary></indexterm>

 Lyman Ray Patterson, <citetitle>Copyright in Historical Perspective</citetitle>, 167 (quoting
 Borwell).
 </para></footnote>
 Lyman Ray Patterson, <citetitle>Copyright in Historical Perspective</citetitle>, 167 (quoting
 Borwell).
 </para></footnote>


@@ -4889,6 +4943,7 @@ The London booksellers quickly brought suit to block <quote>piracy</quote> like
 Donaldson's. A number of actions were successful against the <quote>pirates,</quote>
 the most important early victory being <citetitle>Millar</citetitle> v. <citetitle>Taylor</citetitle>.
 </para>
 Donaldson's. A number of actions were successful against the <quote>pirates,</quote>
 the most important early victory being <citetitle>Millar</citetitle> v. <citetitle>Taylor</citetitle>.
 </para>

+<indexterm><primary>Seasons, The (Thomson)</primary></indexterm>

 <indexterm><primary>Taylor, Robert</primary></indexterm>
 <para>
 Millar was a bookseller who in 1729 had purchased the rights to James
 <indexterm><primary>Taylor, Robert</primary></indexterm>
 <para>
 Millar was a bookseller who in 1729 had purchased the rights to James


@@ -4903,9 +4958,7 @@ Exploding the Myth of Common Law Copyright,</quote> <citetitle>Wayne Law Review<
 (1983): 1152.
 </para></footnote>
 </para>
 (1983): 1152.
 </para></footnote>
 </para>

-<indexterm id="idxmansfield2" class='startofrange'>
-  <primary>Mansfield, William Murray, Lord</primary>
-</indexterm>
+<indexterm id='idxmansfieldwilliammurraylord2' class='startofrange'><primary>Mansfield, William Murray, Lord</primary></indexterm>

 <para>
 Astonishingly to modern lawyers, one of the greatest judges in English
 history, Lord Mansfield, agreed with the booksellers. Whatever
 <para>
 Astonishingly to modern lawyers, one of the greatest judges in English
 history, Lord Mansfield, agreed with the booksellers. Whatever


@@ -4931,7 +4984,7 @@ a reasonable period of time. Within twenty-one years, Parliament
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>

-<indexterm startref="idxmansfield2" class='endofrange'/>
+<indexterm startref='idxmansfieldwilliammurraylord2' class='endofrange'/>

 <para>
 The fight to defend the limits of the Statute of Anne was not to end
 there, however, and it is here that Donaldson enters the mix.
 <para>
 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.


@@ -5099,21 +5152,21 @@ For of course, those few seconds are copyrighted; and of course, to use
 copyrighted material you need the permission of the copyright owner,
 unless <quote>fair use</quote> or some other privilege applies.
 </para>
 copyrighted material you need the permission of the copyright owner,
 unless <quote>fair use</quote> or some other privilege applies.
 </para>

+<indexterm><primary>Gracie Films</primary></indexterm>

 <para>
 Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office to get permission.
 Groening approved the shot. The shot was a four-and-a-halfsecond image
 on a tiny television set in the corner of the room. How could it hurt?
 Groening was happy to have it in the film, but he told Else to contact
 Gracie Films, the company that produces the program.
 <para>
 Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office to get permission.
 Groening approved the shot. The shot was a four-and-a-halfsecond image
 on a tiny television set in the corner of the room. How could it hurt?
 Groening was happy to have it in the film, but he told Else to contact
 Gracie Films, the company that produces the program.

-<indexterm><primary>Gracie Films</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>Gracie Films</primary></indexterm>

 <para>
 Gracie Films was okay with it, too, but they, like Groening, wanted
 to be careful. So they told Else to contact Fox, Gracie's parent company.
 Else called Fox and told them about the clip in the corner of the one
 room shot of the film. Matt Groening had already given permission,
 Else said. He was just confirming the permission with Fox.
 <para>
 Gracie Films was okay with it, too, but they, like Groening, wanted
 to be careful. So they told Else to contact Fox, Gracie's parent company.
 Else called Fox and told them about the clip in the corner of the one
 room shot of the film. Matt Groening had already given permission,
 Else said. He was just confirming the permission with Fox.

-<indexterm><primary>Gracie Films</primary></indexterm>

 </para>
 <para>
 Then, as Else told me, <quote>two things happened. First we discovered
 </para>
 <para>
 Then, as Else told me, <quote>two things happened. First we discovered


@@ -5144,6 +5197,8 @@ if you quote me, I'll turn you over to our attorneys.</quote> As an assistant
 to Herrera told Else later on, <quote>They don't give a shit. They just want
 the money.</quote>
 </para>
 to Herrera told Else later on, <quote>They don't give a shit. They just want
 the money.</quote>
 </para>

+<indexterm><primary>San Francisco Opera</primary></indexterm>
+<indexterm><primary>Day After Trinity, The</primary></indexterm>

 <para>
 Else didn't have the money to buy the right to replay what was playing
 on the television backstage at the San Francisco Opera. To reproduce
 <para>
 Else didn't have the money to buy the right to replay what was playing
 on the television backstage at the San Francisco Opera. To reproduce


@@ -5151,8 +5206,6 @@ this reality was beyond the documentary filmmaker's budget. At the
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 <citetitle>The Day After Trinity</citetitle>, from ten years before.
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 <citetitle>The Day After Trinity</citetitle>, from ten years before.

-<indexterm><primary>San Francisco Opera</primary></indexterm>
-<indexterm><primary>Day After Trinity, The</primary></indexterm>

 </para>
 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the
 </para>
 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the


@@ -5212,6 +5265,7 @@ shot in the film. They take a dim view of <quote>fair use,</quote> and a claim o
 </para></listitem>
 <listitem>
 <indexterm><primary><citetitle>Star Wars</citetitle></primary></indexterm>
 </para></listitem>
 <listitem>
 <indexterm><primary><citetitle>Star Wars</citetitle></primary></indexterm>

+<indexterm><primary>Lucas, George</primary></indexterm>

 <para>
 <!-- 2. -->
 I probably never should have asked Matt Groening in the first
 <para>
 <!-- 2. -->
 I probably never should have asked Matt Groening in the first


@@ -5223,7 +5277,6 @@ license to four seconds of <citetitle>Simpsons</citetitle>. As a documentary pro
 to exhaustion on a shoestring, the last thing I wanted was to risk
 legal trouble, even nuisance legal trouble, and even to defend a
 principle.
 to exhaustion on a shoestring, the last thing I wanted was to risk
 legal trouble, even nuisance legal trouble, and even to defend a
 principle.

-<indexterm><primary>Lucas, George</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- 3. -->
 </para></listitem>
 <listitem><para>
 <!-- 3. -->


@@ -5263,9 +5316,7 @@ not.
 <chapter label="8" id="transformers">
 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>
 <chapter label="8" id="transformers">
 <title>CHAPTER EIGHT: Transformers</title>
 <indexterm><primary>Allen, Paul</primary></indexterm>

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

 <indexterm><primary>Microsoft</primary></indexterm>
 <para>
 <emphasis role='strong'>In 1993</emphasis>, Alex Alben was a lawyer
 <indexterm><primary>Microsoft</primary></indexterm>
 <para>
 <emphasis role='strong'>In 1993</emphasis>, Alex Alben was a lawyer


@@ -5275,13 +5326,8 @@ entertainment. Long before the Internet became popular, Starwave began
 investing in new technology for delivering entertainment in
 anticipation of the power of networks.
 </para>
 investing in new technology for delivering entertainment in
 anticipation of the power of networks.
 </para>

-<indexterm id='idxartistsretrospective' class='startofrange'>
-  <primary>artists</primary>
-  <secondary>retrospective compilations on</secondary>
-</indexterm>
-<indexterm id='idxcdroms' class='startofrange'>
-  <primary>CD-ROMs, film clips used in</primary>
-</indexterm>
+<indexterm id='idxartistsretrospective' class='startofrange'><primary>artists</primary><secondary>retrospective compilations on</secondary></indexterm>
+<indexterm id='idxcdroms' class='startofrange'><primary>CD-ROMs, film clips used in</primary></indexterm>

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


@@ -5329,10 +5375,7 @@ Technically, the rights that Alben had to clear were mainly those of
 publicity&mdash;rights an artist has to control the commercial
 exploitation of his image.  But these rights, too, burden <quote>Rip, Mix,
 Burn</quote> creativity, as this chapter evinces.
 publicity&mdash;rights an artist has to control the commercial
 exploitation of his image.  But these rights, too, burden <quote>Rip, Mix,
 Burn</quote> creativity, as this chapter evinces.

-<indexterm>
-<primary>artists</primary>
-<secondary>publicity rights on images of</secondary>
-</indexterm>
+<indexterm><primary>artists</primary><secondary>publicity rights on images of</secondary></indexterm>

 <indexterm><primary>Alben, Alex</primary></indexterm>
 </para></footnote>
 </para>
 <indexterm><primary>Alben, Alex</primary></indexterm>
 </para></footnote>
 </para>


@@ -5630,9 +5673,7 @@ curse, reserved for the few.
 </chapter>
 <chapter label="9" id="collectors">
 <title>CHAPTER NINE: Collectors</title>
 </chapter>
 <chapter label="9" id="collectors">
 <title>CHAPTER NINE: Collectors</title>

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

 <indexterm><primary>bots</primary></indexterm>
 <para>
 <emphasis role='strong'>In April 1996</emphasis>, millions of
 <indexterm><primary>bots</primary></indexterm>
 <para>
 <emphasis role='strong'>In April 1996</emphasis>, millions of


@@ -5645,6 +5686,7 @@ finished the whole of the Internet, they started again. Over and over
 again, once every two months, these bits of code took copies of the
 Internet and stored them.
 </para>
 again, once every two months, these bits of code took copies of the
 Internet and stored them.
 </para>

+<indexterm><primary>Way Back Machine</primary></indexterm>

 <para>
 By October 2001, the bots had collected more than five years of
 copies. And at a small announcement in Berkeley, California, the
 <para>
 By October 2001, the bots had collected more than five years of
 copies. And at a small announcement in Berkeley, California, the


@@ -5653,9 +5695,7 @@ the world. Using a technology called <quote>the Way Back Machine,</quote> you co
 enter a Web page, and see all of its copies going back to 1996, as
 well as when those pages changed.
 </para>
 enter a Web page, and see all of its copies going back to 1996, as
 well as when those pages changed.
 </para>

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

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


@@ -5677,6 +5717,7 @@ but the content could easily be different. The Internet is Orwell's
 library&mdash;constantly updated, without any reliable memory.
 </para>
 <indexterm startref='idxorwellgeorge' class='endofrange'/>
 library&mdash;constantly updated, without any reliable memory.
 </para>
 <indexterm startref='idxorwellgeorge' class='endofrange'/>

+<indexterm><primary>Way Back Machine</primary></indexterm>

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


@@ -5735,7 +5776,11 @@ Internet Archive was just the first of the projects of this Andrew
 Carnegie of the Internet. By December of 2002, the archive had over 10
 billion pages, and it was growing at about a billion pages a month.
 </para>
 Carnegie of the Internet. By December of 2002, the archive had over 10
 billion pages, and it was growing at about a billion pages a month.
 </para>

+<indexterm><primary>Library of Congress</primary></indexterm>
+<indexterm><primary>Television Archive</primary></indexterm>

 <indexterm><primary>Vanderbilt University</primary></indexterm>
 <indexterm><primary>Vanderbilt University</primary></indexterm>

+<indexterm><primary>Way Back Machine</primary></indexterm>
+<indexterm><primary>libraries</primary><secondary>archival function of</secondary></indexterm>

 <para>
 The Way Back Machine is the largest archive of human knowledge in
 human history. At the end of 2002, it held <quote>two hundred and thirty
 <para>
 The Way Back Machine is the largest archive of human knowledge in
 human history. At the end of 2002, it held <quote>two hundred and thirty


@@ -5755,6 +5800,7 @@ just a graduate student?</quote> As Kahle put it,
 </para>
 <blockquote>
 <indexterm><primary>Quayle, Dan</primary></indexterm>
 </para>
 <blockquote>
 <indexterm><primary>Quayle, Dan</primary></indexterm>

+<indexterm><primary>60 Minutes</primary></indexterm>

 <para>
 Do you remember when Dan Quayle was interacting with Murphy Brown?
 Remember that back and forth surreal experience of a politician
 <para>
 Do you remember when Dan Quayle was interacting with Murphy Brown?
 Remember that back and forth surreal experience of a politician


@@ -5767,6 +5813,7 @@ original back and forth exchanges between the two, the
 impossible. &hellip; Those materials are almost unfindable. &hellip;
 </para>
 </blockquote>
 impossible. &hellip; Those materials are almost unfindable. &hellip;
 </para>
 </blockquote>

+<indexterm><primary>newspapers</primary><secondary>archives of</secondary></indexterm>

 <para>
 Why is that? Why is it that the part of our culture that is recorded
 in newspapers remains perpetually accessible, while the part that is
 <para>
 Why is that? Why is it that the part of our culture that is recorded
 in newspapers remains perpetually accessible, while the part that is


@@ -5783,6 +5830,8 @@ of knowledge and to assure that a copy of the work would be around
 once the copyright expired, so that others might access and copy the
 work.
 </para>
 once the copyright expired, so that others might access and copy the
 work.
 </para>

+<indexterm><primary>Library of Congress</primary></indexterm>
+<indexterm><primary>films</primary><secondary>archive of</secondary></indexterm>

 <para>
 These rules applied to film as well. But in 1915, the Library
 of Congress made an exception for film. Film could be copyrighted so
 <para>
 These rules applied to film as well. But in 1915, the Library
 of Congress made an exception for film. Film could be copyrighted so


@@ -5811,6 +5860,7 @@ broadcasters. No library had any right to them; the government didn't
 demand them.  The content of this part of American culture is
 practically invisible to anyone who would look.
 </para>
 demand them.  The content of this part of American culture is
 practically invisible to anyone who would look.
 </para>

+<indexterm><primary>September 11, 2001, terrorist attacks of</primary></indexterm>

 <para>
 Kahle was eager to correct this. Before September 11, 2001, he and
 <!-- PAGE BREAK 123 -->
 <para>
 Kahle was eager to correct this. Before September 11, 2001, he and
 <!-- PAGE BREAK 123 -->


@@ -5823,10 +5873,12 @@ Anyone could see how news reports from around the world covered the
 events of that day.
 </para>
 <indexterm><primary>Movie Archive</primary></indexterm>
 events of that day.
 </para>
 <indexterm><primary>Movie Archive</primary></indexterm>

-<indexterm>
-  <primary>archive.org</primary>
-  <seealso>Internet Archive</seealso>
-</indexterm>
+<indexterm><primary>archive.org</primary><seealso>Internet Archive</seealso></indexterm>
+<indexterm><primary>films</primary><secondary>archive of</secondary></indexterm>
+<indexterm><primary>Internet Archive</primary></indexterm>
+<indexterm><primary>Duck and Cover film</primary></indexterm>
+<indexterm><primary>ephemeral films</primary></indexterm>
+<indexterm><primary>Prelinger, Rick</primary></indexterm>

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


@@ -5882,18 +5934,12 @@ build an archive of knowledge about our history. In this second life,
 the content can continue to inform even if that information is no
 longer sold.
 </para>
 the content can continue to inform even if that information is no
 longer sold.
 </para>

-<indexterm>
-  <primary>books</primary>
-  <secondary>out of print</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 <para>
 The same has always been true about books. A book goes out of print
 very quickly (the average today is after about a year<footnote><para>
 <!-- f3 -->
 <para>
 The same has always been true about books. A book goes out of print
 very quickly (the average today is after about a year<footnote><para>
 <!-- f3 -->

-<indexterm>
-  <primary>books</primary>
-  <secondary>out of print</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>

 Dave Barns, <quote>Fledgling Career in Antique Books: Woodstock Landlord,
 Bar Owner Starts a New Chapter by Adopting Business,</quote> <citetitle>Chicago Tribune</citetitle>,
 5 September 1997, at Metro Lake 1L. Of books published between 1927
 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


@@ -5945,10 +5991,7 @@ we are for the first time at a point where that dream is possible. As
 Kahle describes,
 </para>
 <blockquote>
 Kahle describes,
 </para>
 <blockquote>

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

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


@@ -5963,6 +6006,7 @@ proud of. Up there with the Library of Alexandria, putting a man on
 the moon, and the invention of the printing press.
 </para>
 </blockquote>
 the moon, and the invention of the printing press.
 </para>
 </blockquote>

+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 Kahle is not the only librarian. The Internet Archive is not the only
 archive. But Kahle and the Internet Archive suggest what the future of
 <para>
 Kahle is not the only librarian. The Internet Archive is not the only
 archive. But Kahle and the Internet Archive suggest what the future of


@@ -6003,6 +6047,13 @@ Kennedy has Valenti in the background. In his almost forty years of
 running the MPAA, Valenti has established himself as perhaps the most
 prominent and effective lobbyist in Washington.
 </para>
 running the MPAA, Valenti has established himself as perhaps the most
 prominent and effective lobbyist in Washington.
 </para>

+<indexterm><primary>Disney, Inc.</primary></indexterm>
+<indexterm><primary>Sony Pictures Entertainment</primary></indexterm>
+<indexterm><primary>MGM</primary></indexterm>
+<indexterm><primary>Paramount Pictures</primary></indexterm>
+<indexterm><primary>Twentieth Century Fox</primary></indexterm>
+<indexterm><primary>Universal Pictures</primary></indexterm>
+<indexterm><primary>Warner Brothers</primary></indexterm>

 <para>
 The MPAA is the American branch of the international Motion Picture
 Association. It was formed in 1922 as a trade association whose goal
 <para>
 The MPAA is the American branch of the international Motion Picture
 Association. It was formed in 1922 as a trade association whose goal


@@ -6014,13 +6065,6 @@ producers and distributors of motion picture and television programs
 in the United States: Walt Disney, Sony Pictures Entertainment, MGM,
 Paramount Pictures, Twentieth Century Fox, Universal Studios, and
 Warner Brothers.
 in the United States: Walt Disney, Sony Pictures Entertainment, MGM,
 Paramount Pictures, Twentieth Century Fox, Universal Studios, and
 Warner Brothers.

-<indexterm><primary>Disney, Inc.</primary></indexterm>
-<indexterm><primary>Sony Pictures Entertainment</primary></indexterm>
-<indexterm><primary>MGM</primary></indexterm>
-<indexterm><primary>Paramount Pictures</primary></indexterm>
-<indexterm><primary>Twentieth Century Fox</primary></indexterm>
-<indexterm><primary>Universal Pictures</primary></indexterm>
-<indexterm><primary>Warner Brothers</primary></indexterm>

 </para>
 <para>
 <!-- PAGE BREAK 128 -->
 </para>
 <para>
 <!-- PAGE BREAK 128 -->


@@ -6302,9 +6346,7 @@ be; my claim is not about comprehensiveness), these four are among the
 most significant, and any regulator (whether controlling or freeing)
 must consider how these four in particular interact.
 </para>
 most significant, and any regulator (whether controlling or freeing)
 must consider how these four in particular interact.
 </para>

-<indexterm id="idxdrivespeed" class='startofrange'>
-  <primary>driving speed, constraints on</primary>
-</indexterm>
+<indexterm id="idxdrivespeed" class='startofrange'><primary>driving speed, constraints on</primary></indexterm>

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


@@ -6582,16 +6624,14 @@ effect of the changes the content industry wants.
 <para>
 Here's the metaphor that will capture the argument to follow.
 </para>
 <para>
 Here's the metaphor that will capture the argument to follow.
 </para>

-<indexterm id="idxddt" class='startofrange'>
-  <primary>DDT</primary>
-</indexterm>
+<indexterm id="idxddt" class='startofrange'><primary>DDT</primary></indexterm>
+<indexterm><primary>Müller, Paul Hermann</primary></indexterm>

 <para>
 In 1873, the chemical DDT was first synthesized. In 1948, Swiss
 chemist Paul Hermann Müller won the Nobel Prize for his work
 demonstrating the insecticidal properties of DDT. By the 1950s, the
 insecticide was widely used around the world to kill disease-carrying
 pests. It was also used to increase farm production.
 <para>
 In 1873, the chemical DDT was first synthesized. In 1948, Swiss
 chemist Paul Hermann Müller won the Nobel Prize for his work
 demonstrating the insecticidal properties of DDT. By the 1950s, the
 insecticide was widely used around the world to kill disease-carrying
 pests. It was also used to increase farm production.

-<indexterm><primary>Müller, Paul Hermann</primary></indexterm>

 </para>
 <para>
 No one doubts that killing disease-carrying pests or increasing crop
 </para>
 <para>
 No one doubts that killing disease-carrying pests or increasing crop


@@ -6827,14 +6867,8 @@ M. Landes and Richard A.  Posner, <quote>Indefinitely Renewable Copyright,</quot
 <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, 498&ndash;501, and
 accompanying figures.  </para></footnote>
 </para>
 <citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, 498&ndash;501, and
 accompanying figures.  </para></footnote>
 </para>

-<indexterm>
-  <primary>books</primary>
-  <secondary>out of print</secondary>
-</indexterm>
-<indexterm>
-  <primary>books</primary>
-  <secondary>resales of</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>

 <para>
 Even today, this structure would make sense. Most creative work
 has an actual commercial life of just a couple of years. Most books fall
 <para>
 Even today, this structure would make sense. Most creative work
 has an actual commercial life of just a couple of years. Most books fall


@@ -7103,6 +7137,8 @@ pp. 53&ndash;59).
 </para></footnote>
 These two different uses of my creative work are treated the same.
 </para>
 </para></footnote>
 These two different uses of my creative work are treated the same.
 </para>

+<indexterm><primary>Disney, Walt</primary></indexterm>
+<indexterm><primary>Mickey Mouse</primary></indexterm>

 <para>
 This again may seem right to you. If I wrote a book, then why should
 you be able to write a movie that takes my story and makes money from
 <para>
 This again may seem right to you. If I wrote a book, then why should
 you be able to write a movie that takes my story and makes money from


@@ -7174,10 +7210,7 @@ empty circle.
 <title>All potential uses of a book.</title>
 <graphic fileref="images/1521.png"></graphic>
 </figure>
 <title>All potential uses of a book.</title>
 <graphic fileref="images/1521.png"></graphic>
 </figure>

-<indexterm id='idxbooksusetypes' class='startofrange'>
-  <primary>books</primary>
-  <secondary>three types of uses of</secondary>
-</indexterm>
+<indexterm id='idxbooksusetypes' class='startofrange'><primary>books</primary><secondary>three types of uses of</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 152 -->
 Think about a book in real space, and imagine this circle to represent
 <para>
 <!-- PAGE BREAK 152 -->
 Think about a book in real space, and imagine this circle to represent


@@ -7239,10 +7272,7 @@ sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that
 are nonetheless deemed <quote>fair</quote> regardless of the copyright owner's views.
 </para>
 <indexterm startref='idxbooksusetypes' class='endofrange'/>
 are nonetheless deemed <quote>fair</quote> regardless of the copyright owner's views.
 </para>
 <indexterm startref='idxbooksusetypes' class='endofrange'/>

-<indexterm>
-  <primary>books</primary>
-  <secondary>on Internet</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>on Internet</secondary></indexterm>

 <para>
 Enter the Internet&mdash;a distributed, digital network where every use
 of a copyrighted work produces a copy.<footnote><para>
 <para>
 Enter the Internet&mdash;a distributed, digital network where every use
 of a copyrighted work produces a copy.<footnote><para>


@@ -7276,10 +7306,7 @@ night before you went to bed. None of those instances of
 use&mdash;reading&mdash; could be regulated by copyright law because
 none of those uses produced a copy.
 </para>
 use&mdash;reading&mdash; could be regulated by copyright law because
 none of those uses produced a copy.
 </para>

-<indexterm>
-  <primary>books</primary>
-  <secondary>on Internet</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>on Internet</secondary></indexterm>

 <para>
 But the same book as an e-book is effectively governed by a different
 set of rules. Now if the copyright owner says you may read the book
 <para>
 But the same book as an e-book is effectively governed by a different
 set of rules. Now if the copyright owner says you may read the book


@@ -7342,9 +7369,7 @@ grounded in fair use makes sense when the vast majority of uses are
 presumptively regulated, then the protections of fair use are not
 enough.
 </para>
 presumptively regulated, then the protections of fair use are not
 enough.
 </para>

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

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


@@ -7455,12 +7480,8 @@ tradition embraced, who said whether and how the law would restrict
 your freedom.
 </para>
 <indexterm><primary>Casablanca</primary></indexterm>
 your freedom.
 </para>
 <indexterm><primary>Casablanca</primary></indexterm>

-<indexterm id="idxmarxbrothers" class='startofrange'>
-  <primary>Marx Brothers</primary>
-</indexterm>
-<indexterm id="idxwarnerbrothers" class='startofrange'>
-  <primary>Warner Brothers</primary>
-</indexterm>
+<indexterm id="idxmarxbrothers" class='startofrange'><primary>Marx Brothers</primary></indexterm>
+<indexterm id="idxwarnerbrothers" class='startofrange'><primary>Warner Brothers</primary></indexterm>

 <para>
 There's a famous story about a battle between the Marx Brothers
 and Warner Brothers. The Marxes intended to make a parody of
 <para>
 There's a famous story about a battle between the Marx Brothers
 and Warner Brothers. The Marxes intended to make a parody of


@@ -7479,9 +7500,9 @@ This led the Marx Brothers to respond in kind. They warned
 Warner Brothers that the Marx Brothers <quote>were brothers long before
 you were.</quote><footnote><para>
 <!-- f20 -->
 Warner Brothers that the Marx Brothers <quote>were brothers long before
 you were.</quote><footnote><para>
 <!-- f20 -->

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

 Ibid. See also Vaidhyanathan, <citetitle>Copyrights and
 Copywrongs</citetitle>, 1&ndash;3.
 Ibid. See also Vaidhyanathan, <citetitle>Copyrights and
 Copywrongs</citetitle>, 1&ndash;3.

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

 </para></footnote>
 The Marx Brothers therefore owned the word
 <citetitle>brothers</citetitle>, and if Warner Brothers insisted on
 </para></footnote>
 The Marx Brothers therefore owned the word
 <citetitle>brothers</citetitle>, and if Warner Brothers insisted on


@@ -7494,10 +7515,7 @@ like the Marx Brothers, knew that no court would ever enforce such a
 silly claim. This extremism was irrelevant to the real freedoms anyone
 (including Warner Brothers) enjoyed.
 </para>
 silly claim. This extremism was irrelevant to the real freedoms anyone
 (including Warner Brothers) enjoyed.
 </para>

-<indexterm id='idxbooksoninternet' class='startofrange'>
-  <primary>books</primary>
-  <secondary>on Internet</secondary>
-</indexterm>
+<indexterm id='idxbooksoninternet' class='startofrange'><primary>books</primary><secondary>on Internet</secondary></indexterm>

 <para>
 On the Internet, however, there is no check on silly rules, because on
 the Internet, increasingly, rules are enforced not by a human but by a
 <para>
 On the Internet, however, there is no check on silly rules, because on
 the Internet, increasingly, rules are enforced not by a human but by a


@@ -7511,9 +7529,7 @@ consequence of that is not at all funny.
 <indexterm startref="idxwarnerbrothers" class='endofrange'/>
 <indexterm startref="idxmarxbrothers" class='endofrange'/>
 
 <indexterm startref="idxwarnerbrothers" class='endofrange'/>
 <indexterm startref="idxmarxbrothers" class='endofrange'/>
 

-<indexterm id="idxadobeebookreader" class='startofrange'>
-  <primary>Adobe eBook Reader</primary>
-</indexterm>
+<indexterm id="idxadobeebookreader" class='startofrange'><primary>Adobe eBook Reader</primary></indexterm>

 <para>
 Consider the life of my Adobe eBook Reader.
 </para>
 <para>
 Consider the life of my Adobe eBook Reader.
 </para>


@@ -7562,11 +7578,11 @@ print ten pages from the book every ten days. Lastly, I have the
 permission to use the Read Aloud button to hear <citetitle>Middlemarch</citetitle>
 read aloud through the computer.
 </para>
 permission to use the Read Aloud button to hear <citetitle>Middlemarch</citetitle>
 read aloud through the computer.
 </para>

+<indexterm><primary>Aristotle</primary></indexterm>
+<indexterm><primary><citetitle>Politics</citetitle>, (Aristotle)</primary></indexterm>

 <para>
 Here's the e-book for another work in the public domain (including the
 translation): Aristotle's <citetitle>Politics</citetitle>.
 <para>
 Here's the e-book for another work in the public domain (including the
 translation): Aristotle's <citetitle>Politics</citetitle>.

-<indexterm><primary>Aristotle</primary></indexterm>
-<indexterm><primary><citetitle>Politics</citetitle>, (Aristotle)</primary></indexterm>

 </para>
 <figure id="fig-1621">
 <title>E-book of Aristotle;s <quote>Politics</quote></title>
 </para>
 <figure id="fig-1621">
 <title>E-book of Aristotle;s <quote>Politics</quote></title>


@@ -7633,13 +7649,13 @@ aloud&mdash;it's not that the company will sue you if you do; instead,
 if you push the Read Aloud button with my book, the machine simply
 won't read aloud.
 </para>
 if you push the Read Aloud button with my book, the machine simply
 won't read aloud.
 </para>

+<indexterm><primary>Marx Brothers</primary></indexterm>

 <para>
 <!-- PAGE BREAK 163 -->
 These are <emphasis>controls</emphasis>, not permissions. Imagine a
 world where the Marx Brothers sold word processing software that, when
 you tried to type <quote>Warner Brothers,</quote> erased <quote>Brothers</quote> from the
 sentence.
 <para>
 <!-- PAGE BREAK 163 -->
 These are <emphasis>controls</emphasis>, not permissions. Imagine a
 world where the Marx Brothers sold word processing software that, when
 you tried to type <quote>Warner Brothers,</quote> erased <quote>Brothers</quote> from the
 sentence.

-<indexterm><primary>Marx Brothers</primary></indexterm>

 </para>
 <para>
 This is the future of copyright law: not so much copyright
 </para>
 <para>
 This is the future of copyright law: not so much copyright


@@ -7661,6 +7677,7 @@ to defeat these protections as well?
 We've only scratched the surface of this story. Return to the Adobe
 eBook Reader.
 </para>
 We've only scratched the surface of this story. Return to the Adobe
 eBook Reader.
 </para>

+<indexterm><primary>Alice's Adventures in Wonderland (Carroll)</primary></indexterm>

 <para>
 Early in the life of the Adobe eBook Reader, Adobe suffered a public
 relations nightmare. Among the books that you could download for free
 <para>
 Early in the life of the Adobe eBook Reader, Adobe suffered a public
 relations nightmare. Among the books that you could download for free


@@ -7668,7 +7685,6 @@ on the Adobe site was a copy of <citetitle>Alice's Adventures in
 Wonderland</citetitle>.  This wonderful book is in the public
 domain. Yet when you clicked on Permissions for that book, you got the
 following report:
 Wonderland</citetitle>.  This wonderful book is in the public
 domain. Yet when you clicked on Permissions for that book, you got the
 following report:

-<indexterm><primary>Alice's Adventures in Wonderland (Carroll)</primary></indexterm>

 </para>
 <figure id="fig-1641">
 <title>List of the permissions for <quote>Alice's Adventures in
 </para>
 <figure id="fig-1641">
 <title>List of the permissions for <quote>Alice's Adventures in


@@ -7716,16 +7732,9 @@ often crazy.
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>

-<indexterm id="idxaibo1" class='startofrange'>
-  <primary>Aibo robotic dog</primary>
-</indexterm>
-<indexterm id="idxroboticdog1" class='startofrange'>
-  <primary>robotic dog</primary>
-</indexterm>
-<indexterm id="idxsonyaibo1" class='startofrange'>
-  <primary>Sony</primary>
-  <secondary>Aibo robotic dog produced by</secondary>
-</indexterm>
+<indexterm id="idxaibo1" class='startofrange'><primary>Aibo robotic dog</primary></indexterm>
+<indexterm id="idxroboticdog1" class='startofrange'><primary>robotic dog</primary></indexterm>
+<indexterm id="idxsonyaibo1" class='startofrange'><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 Consider the robotic dog made by Sony named <quote>Aibo.</quote> The Aibo
 learns tricks, cuddles, and follows you around. It eats only electricity
 <para>
 Consider the robotic dog made by Sony named <quote>Aibo.</quote> The Aibo
 learns tricks, cuddles, and follows you around. It eats only electricity


@@ -7735,7 +7744,7 @@ and that doesn't leave that much of a mess (at least in your house).
 The Aibo is expensive and popular. Fans from around the world
 have set up clubs to trade stories. One fan in particular set up a Web
 site to enable information about the Aibo dog to be shared. This fan set
 The Aibo is expensive and popular. Fans from around the world
 have set up clubs to trade stories. One fan in particular set up a Web
 site to enable information about the Aibo dog to be shared. This fan set

-<beginpage pagenum="165"/>
+<!-- PAGE BREAK 165-->

 up aibopet.com (and aibohack.com, but that resolves to the same site),
 and on that site he provided information about how to teach an Aibo
 to do tricks in addition to the ones Sony had taught it.
 up aibopet.com (and aibohack.com, but that resolves to the same site),
 and on that site he provided information about how to teach an Aibo
 to do tricks in addition to the ones Sony had taught it.


@@ -7796,6 +7805,7 @@ completely legal activity. One imagines that the owner of aibopet.com
 thought, <emphasis>What possible problem could there be with teaching
 a robot dog to dance?</emphasis>
 </para>
 thought, <emphasis>What possible problem could there be with teaching
 a robot dog to dance?</emphasis>
 </para>

+<indexterm><primary>Microsoft</primary><secondary>government case against</secondary></indexterm>

 <para>
 Let's put the dog to sleep for a minute, and turn to a pony show&mdash;
 not literally a pony show, but rather a paper that a Princeton academic
 <para>
 Let's put the dog to sleep for a minute, and turn to a pony show&mdash;
 not literally a pony show, but rather a paper that a Princeton academic


@@ -7866,16 +7876,9 @@ academic essay, unintelligible to most people. But it clearly showed the
 weakness in the SDMI system, and why SDMI would not, as presently
 constituted, succeed.
 </para>
 weakness in the SDMI system, and why SDMI would not, as presently
 constituted, succeed.
 </para>

-<indexterm id="idxaibo2" class='startofrange'>
-  <primary>Aibo robotic dog</primary>
-</indexterm>
-<indexterm id="idxroboticdog2" class='startofrange'>
-  <primary>robotic dog</primary>
-</indexterm>
-<indexterm id="idxsonyaibo2" class='startofrange'>
-  <primary>Sony</primary>
-  <secondary>Aibo robotic dog produced by</secondary>
-</indexterm>
+<indexterm id="idxaibo2" class='startofrange'><primary>Aibo robotic dog</primary></indexterm>
+<indexterm id="idxroboticdog2" class='startofrange'><primary>robotic dog</primary></indexterm>
+<indexterm id="idxsonyaibo2" class='startofrange'><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 What links these two, aibopet.com and Felten, is the letters they
 then received. Aibopet.com received a letter from Sony about the
 <para>
 What links these two, aibopet.com and Felten, is the letters they
 then received. Aibopet.com received a letter from Sony about the


@@ -7940,10 +7943,7 @@ have been a copyright violation.
 </para>
 <indexterm><primary>Aibo robotic dog</primary></indexterm>
 <indexterm><primary>robotic dog</primary></indexterm>
 </para>
 <indexterm><primary>Aibo robotic dog</primary></indexterm>
 <indexterm><primary>robotic dog</primary></indexterm>

-<indexterm>
-  <primary>Sony</primary>
-  <secondary>Aibo robotic dog produced by</secondary>
-</indexterm>
+<indexterm><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 Aibopet.com and Felten make the point. The Aibo hack circumvented a
 copyright protection system for the purpose of enabling the dog to
 <para>
 Aibopet.com and Felten make the point. The Aibo hack circumvented a
 copyright protection system for the purpose of enabling the dog to


@@ -7965,10 +7965,7 @@ Thus, even though he was not himself infringing anyone's copyright,
 his academic paper was enabling others to infringe others' copyright.
 </para>
 <indexterm><primary>Rogers, Fred</primary></indexterm>
 his academic paper was enabling others to infringe others' copyright.
 </para>
 <indexterm><primary>Rogers, Fred</primary></indexterm>

-<indexterm id='idxcassettevcrs2' class='startofrange'>
-  <primary>cassette recording</primary>
-  <secondary>VCRs</secondary>
-</indexterm>
+<indexterm id='idxcassettevcrs2' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <para>
 The bizarreness of these arguments is captured in a cartoon drawn in
 1981 by Paul Conrad. At that time, a court in California had held that
 <para>
 The bizarreness of these arguments is captured in a cartoon drawn in
 1981 by Paul Conrad. At that time, a court in California had held that


@@ -7997,10 +7994,7 @@ but I just feel that anything that allows a person to be more active
 in the control of his or her life, in a healthy way, is
 important.<footnote><para>
 <!-- f23 -->
 in the control of his or her life, in a healthy way, is
 important.<footnote><para>
 <!-- f23 -->

-<indexterm>
-  <primary>cassette recording</primary>
-  <secondary>VCRs</secondary>
-</indexterm>
+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>

 <citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., 464 U.S. 417,
 455 fn. 27 (1984). Rogers never changed his view about the VCR. See
 James Lardner, <citetitle>Fast Forward: Hollywood, the Japanese, and the Onslaught of
 <citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., 464 U.S. 417,
 455 fn. 27 (1984). Rogers never changed his view about the VCR. See
 James Lardner, <citetitle>Fast Forward: Hollywood, the Japanese, and the Onslaught of


@@ -8031,9 +8025,7 @@ pirating of copyrighted material&mdash;a bad end. Or they can be used
 to enable the use of particular copyrighted materials in ways that
 would be considered fair use&mdash;a good end.
 </para>
 to enable the use of particular copyrighted materials in ways that
 would be considered fair use&mdash;a good end.
 </para>

-<indexterm id='idxhandguns' class='startofrange'>
-  <primary>handguns</primary>
-</indexterm>
+<indexterm id='idxhandguns' class='startofrange'><primary>handguns</primary></indexterm>

 <para>
 A handgun can be used to shoot a police officer or a child. Most
 <!-- PAGE BREAK 171 -->
 <para>
 A handgun can be used to shoot a police officer or a child. Most
 <!-- PAGE BREAK 171 -->


@@ -8042,7 +8034,7 @@ practice or to protect against an intruder. At least some would say that
 such a use would be good. It, too, is a technology that has both good
 and bad uses.
 </para>
 such a use would be good. It, too, is a technology that has both good
 and bad uses.
 </para>

-<figure id="fig-1711">
+<figure id="fig-1711-vcr-handgun-cartoonfig">

 <title>VCR/handgun cartoon.</title>
 <graphic fileref="images/1711.png"></graphic>
 </figure>
 <title>VCR/handgun cartoon.</title>
 <graphic fileref="images/1711.png"></graphic>
 </figure>


@@ -8059,10 +8051,7 @@ good, but permits guns, despite the obvious and tragic harm they do.
 <indexterm startref='idxcassettevcrs2' class='endofrange'/>
 <indexterm><primary>Aibo robotic dog</primary></indexterm>
 <indexterm><primary>robotic dog</primary></indexterm>
 <indexterm startref='idxcassettevcrs2' class='endofrange'/>
 <indexterm><primary>Aibo robotic dog</primary></indexterm>
 <indexterm><primary>robotic dog</primary></indexterm>

-<indexterm>
-  <primary>Sony</primary>
-  <secondary>Aibo robotic dog produced by</secondary>
-</indexterm>
+<indexterm><primary>Sony</primary><secondary>Aibo robotic dog produced by</secondary></indexterm>

 <para>
 The Aibo and RIAA examples demonstrate how copyright owners are
 changing the balance that copyright law grants. Using code, copyright
 <para>
 The Aibo and RIAA examples demonstrate how copyright owners are
 changing the balance that copyright law grants. Using code, copyright


@@ -8178,6 +8167,11 @@ These changes are of two sorts: the scope of concentration, and its
 nature.
 </para>
 <indexterm><primary>cable television</primary></indexterm>
 nature.
 </para>
 <indexterm><primary>cable television</primary></indexterm>

+<indexterm><primary>BMG</primary></indexterm>
+<indexterm><primary>EMI</primary></indexterm>
+<indexterm><primary>McCain, John</primary></indexterm>
+<indexterm><primary>Universal Music Group</primary></indexterm>
+<indexterm><primary>Warner Music Group</primary></indexterm>

 <para>
 Changes in scope are the easier ones to describe. As Senator John
 McCain summarized the data produced in the FCC's review of media
 <para>
 Changes in scope are the easier ones to describe. As Senator John
 McCain summarized the data produced in the FCC's review of media


@@ -8199,11 +8193,6 @@ programming to 74 percent of the cable subscribers nationwide.</quote><footnote>
 Molly Ivins, <quote>Media Consolidation Must Be Stopped,</quote> <citetitle>Charleston Gazette</citetitle>,
 31 May 2003.
 </para></footnote>
 Molly Ivins, <quote>Media Consolidation Must Be Stopped,</quote> <citetitle>Charleston Gazette</citetitle>,
 31 May 2003.
 </para></footnote>

-<indexterm><primary>BMG</primary></indexterm>
-<indexterm><primary>EMI</primary></indexterm>
-<indexterm><primary>McCain, John</primary></indexterm>
-<indexterm><primary>Universal Music Group</primary></indexterm>
-<indexterm><primary>Warner Music Group</primary></indexterm>

 </para>
 <para>
 The story with radio is even more dramatic. Before deregulation,
 </para>
 <para>
 The story with radio is even more dramatic. Before deregulation,


@@ -8259,7 +8248,7 @@ just large companies owning many radio stations, but a few companies
 owning as many outlets of media as possible. A picture describes this
 pattern better than a thousand words could do:
 </para>
 owning as many outlets of media as possible. A picture describes this
 pattern better than a thousand words could do:
 </para>

-<figure id="fig-1761">
+<figure id="fig-1761-pattern-modern-media-ownership">

 <title>Pattern of modern media ownership.</title>
 <graphic fileref="images/1761.png"></graphic>
 </figure>
 <title>Pattern of modern media ownership.</title>
 <graphic fileref="images/1761.png"></graphic>
 </figure>


@@ -8351,12 +8340,12 @@ find that he had the choice either to make the show less edgy or to be
 fired: The content of any show developed for a network is increasingly
 owned by the network.
 </para>
 fired: The content of any show developed for a network is increasingly
 owned by the network.
 </para>

+<indexterm><primary>Diller, Barry</primary></indexterm>
+<indexterm><primary>Moyers, Bill</primary></indexterm>

 <para>
 While the number of channels has increased dramatically, the ownership
 of those channels has narrowed to an ever smaller and smaller few. As
 Barry Diller said to Bill Moyers,
 <para>
 While the number of channels has increased dramatically, the ownership
 of those channels has narrowed to an ever smaller and smaller few. As
 Barry Diller said to Bill Moyers,

-<indexterm><primary>Diller, Barry</primary></indexterm>
-<indexterm><primary>Moyers, Bill</primary></indexterm>

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


@@ -8452,9 +8441,7 @@ is through votes that we are to choose policy. But to do that, we
 depend fundamentally upon the press to help inform Americans about
 these issues.
 </para>
 depend fundamentally upon the press to help inform Americans about
 these issues.
 </para>

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

 <para>
 Beginning in 1998, the Office of National Drug Control Policy launched
 a media campaign as part of the <quote>war on drugs.</quote> The campaign produced
 <para>
 Beginning in 1998, the Office of National Drug Control Policy launched
 a media campaign as part of the <quote>war on drugs.</quote> The campaign produced


@@ -8620,9 +8607,9 @@ now interact to turn this historically benign regulation into the most
 significant regulation of culture that our free society has
 known.<footnote><para>
 <!-- f35 -->
 significant regulation of culture that our free society has
 known.<footnote><para>
 <!-- f35 -->

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

 Siva Vaidhyanathan captures a similar point in his <quote>four surrenders</quote> of
 copyright law in the digital age. See Vaidhyanathan, 159&ndash;60.
 Siva Vaidhyanathan captures a similar point in his <quote>four surrenders</quote> of
 copyright law in the digital age. See Vaidhyanathan, 159&ndash;60.

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

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


@@ -8861,15 +8848,9 @@ lawyer.
 <!-- PAGE BREAK 186 -->
 <chapter label="11" id="chimera">
 <title>CHAPTER ELEVEN: Chimera</title>
 <!-- PAGE BREAK 186 -->
 <chapter label="11" id="chimera">
 <title>CHAPTER ELEVEN: Chimera</title>

-<indexterm id="idxchimera" class='startofrange'>
-  <primary>chimeras</primary>
-</indexterm>
-<indexterm id="idxwells" class='startofrange'>
-  <primary>Wells, H. G.</primary>
-</indexterm>
-<indexterm id="idxtcotb" class='startofrange'>
-  <primary><quote>Country of the Blind, The</quote> (Wells)</primary>
-</indexterm>
+<indexterm id="idxchimera" class='startofrange'><primary>chimeras</primary></indexterm>
+<indexterm id="idxwells" class='startofrange'><primary>Wells, H. G.</primary></indexterm>
+<indexterm id="idxtcotb" class='startofrange'><primary><quote>Country of the Blind, The</quote> (Wells)</primary></indexterm>

 
 <para>
 <emphasis role='strong'>In a well-known</emphasis> short story by
 
 <para>
 <emphasis role='strong'>In a well-known</emphasis> short story by


@@ -9232,6 +9213,7 @@ on remote topics of science or culture. There is a vast amount of creative
 work spread across the Internet. But as the law is currently crafted, this
 work is presumptively illegal.
 </para>
 work spread across the Internet. But as the law is currently crafted, this
 work is presumptively illegal.
 </para>

+<indexterm><primary>Worldcom</primary></indexterm>

 <para>
 That presumption will increasingly chill creativity, as the
 examples of extreme penalties for vague infringements continue to
 <para>
 That presumption will increasingly chill creativity, as the
 examples of extreme penalties for vague infringements continue to


@@ -9271,7 +9253,6 @@ recent months.
 Can common sense recognize the absurdity in a world where
 the maximum fine for downloading two songs off the Internet is more
 than the fine for a doctor's negligently butchering a patient?
 Can common sense recognize the absurdity in a world where
 the maximum fine for downloading two songs off the Internet is more
 than the fine for a doctor's negligently butchering a patient?

-<indexterm><primary>Worldcom</primary></indexterm>

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


@@ -9450,10 +9431,7 @@ MP3.com offered creators a venue to distribute their creativity,
 without demanding an exclusive engagement from the creators.
 </para>
 <indexterm><primary>Lovett, Lyle</primary></indexterm>
 without demanding an exclusive engagement from the creators.
 </para>
 <indexterm><primary>Lovett, Lyle</primary></indexterm>

-<indexterm id='idxcdsprefdata' class='startofrange'>
-  <primary>CDs</primary>
-  <secondary>preference data on</secondary>
-</indexterm>
+<indexterm id='idxcdsprefdata' class='startofrange'><primary>CDs</primary><secondary>preference data on</secondary></indexterm>

 <para>
 To make this system work, however, MP3.com needed a reliable way to
 recommend music to its users. The idea behind this alternative was to
 <para>
 To make this system work, however, MP3.com needed a reliable way to
 recommend music to its users. The idea behind this alternative was to


@@ -9495,9 +9473,7 @@ had a copy of the CD they wanted to access. So while this was 50,000
 copies, it was 50,000 copies directed at giving customers something
 they had already bought.
 </para>
 copies, it was 50,000 copies directed at giving customers something
 they had already bought.
 </para>

-<indexterm id="idxvivendiuniversal" class='startofrange'>
-  <primary>Vivendi Universal</primary>
-</indexterm>
+<indexterm id="idxvivendiuniversal" class='startofrange'><primary>Vivendi Universal</primary></indexterm>

 <para>
 Nine days after MP3.com launched its service, the five major labels,
 headed by the RIAA, brought a lawsuit against MP3.com. MP3.com settled
 <para>
 Nine days after MP3.com launched its service, the five major labels,
 headed by the RIAA, brought a lawsuit against MP3.com. MP3.com settled


@@ -9536,6 +9512,8 @@ such a view of the law will cost you and your firm dearly.
 <indexterm><primary>Hummer, John</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Hummer Winblad</primary></indexterm>
 <indexterm><primary>Hummer, John</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Hummer Winblad</primary></indexterm>

+<indexterm><primary>EMI</primary></indexterm>
+<indexterm><primary>Universal Music Group</primary></indexterm>

 <para>
 This strategy is not just limited to the lawyers. In April 2003,
 Universal and EMI brought a lawsuit against Hummer Winblad, the
 <para>
 This strategy is not just limited to the lawyers. In April 2003,
 Universal and EMI brought a lawsuit against Hummer Winblad, the


@@ -9563,8 +9541,6 @@ So extreme has the environment become that even car manufacturers are
 afraid of technologies that touch content. In an article in
 <citetitle>Business 2.0</citetitle>, Rafe Needleman describes a
 discussion with BMW:
 afraid of technologies that touch content. In an article in
 <citetitle>Business 2.0</citetitle>, Rafe Needleman describes a
 discussion with BMW:

-<indexterm><primary>EMI</primary></indexterm>
-<indexterm><primary>Universal Music Group</primary></indexterm>

 </para>
 <blockquote>
 <indexterm><primary>BMW</primary></indexterm>
 </para>
 <blockquote>
 <indexterm><primary>BMW</primary></indexterm>


@@ -9692,6 +9668,7 @@ and costs on
 the technology, but will likely be eclipsed by advances around exactly
 those requirements.
 </para>
 the technology, but will likely be eclipsed by advances around exactly
 those requirements.
 </para>

+<indexterm><primary>Intel</primary></indexterm>

 <para>
 In March 2002, a broad coalition of technology companies, led by
 Intel, tried to get Congress to see the harm that such legislation
 <para>
 In March 2002, a broad coalition of technology companies, led by
 Intel, tried to get Congress to see the harm that such legislation


@@ -9703,7 +9680,6 @@ February 2002 (Entertainment).
 Their argument was obviously not that copyright should not be
 protected. Instead, they argued, any protection should not do more
 harm than good.
 Their argument was obviously not that copyright should not be
 protected. Instead, they argued, any protection should not do more
 harm than good.

-<indexterm><primary>Intel</primary></indexterm>

 </para>
 <para>
 <emphasis role='strong'>There is one</emphasis> more obvious way in
 </para>
 <para>
 <emphasis role='strong'>There is one</emphasis> more obvious way in


@@ -9716,10 +9692,8 @@ of regulation. It is a regulation that benefits some and harms others.
 When done right, it benefits creators and harms leeches. When done
 wrong, it is regulation the powerful use to defeat competitors.
 </para>
 When done right, it benefits creators and harms leeches. When done
 wrong, it is regulation the powerful use to defeat competitors.
 </para>

-<indexterm>
-  <primary>cassette recording</primary>
-  <secondary>VCRs</secondary>
-</indexterm>
+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
+<indexterm><primary>VCRs</primary></indexterm>

 <para>
 As I described in chapter <xref xrefstyle="select: labelnumber"
 linkend="property-i"/>, despite this feature of copyright as
 <para>
 As I described in chapter <xref xrefstyle="select: labelnumber"
 linkend="property-i"/>, despite this feature of copyright as


@@ -9788,10 +9762,8 @@ available at
 But there is one example that captures the flavor of them all. This is
 the story of the demise of Internet radio.
 </para>
 But there is one example that captures the flavor of them all. This is
 the story of the demise of Internet radio.
 </para>

-<indexterm>
-  <primary>artists</primary>
-  <secondary>recording industry payments to</secondary>
-</indexterm>
+<indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm><primary>Kennedy, John F.</primary></indexterm>

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


@@ -9804,7 +9776,6 @@ performance before President Kennedy at Madison Square Garden&mdash;
 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.
 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.

-<indexterm><primary>Kennedy, John F.</primary></indexterm>

 </para>
 <para>
 The reasoning behind this balance struck by Congress makes some
 </para>
 <para>
 The reasoning behind this balance struck by Congress makes some


@@ -9889,10 +9860,7 @@ those imposed by the law. Copyright law is one such law. So the first
 question we should ask is, what copyright rules would govern Internet
 radio?
 </para>
 question we should ask is, what copyright rules would govern Internet
 radio?
 </para>

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

 <para>
 But here the power of the lobbyists is reversed. Internet radio is a
 new industry. The recording artists, on the other hand, have a very
 <para>
 But here the power of the lobbyists is reversed. Internet radio is a
 new industry. The recording artists, on the other hand, have a very


@@ -10039,9 +10007,7 @@ economic consequences from Internet radio that would justify these
 differences? Was the motive to protect artists against piracy?
 </para>
 <indexterm><primary>Real Networks</primary></indexterm>
 differences? Was the motive to protect artists against piracy?
 </para>
 <indexterm><primary>Real Networks</primary></indexterm>

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

 <para>
 In a rare bit of candor, one RIAA expert admitted what seemed obvious
 to everyone at the time. As Alex Alben, vice president for Public
 <para>
 In a rare bit of candor, one RIAA expert admitted what seemed obvious
 to everyone at the time. As Alex Alben, vice president for Public


@@ -10063,10 +10029,7 @@ that should establish the market rate, and if you set the rate so
 high, you're going to drive the small webcasters out of
 business. &hellip;</quote>
 </para>
 high, you're going to drive the small webcasters out of
 business. &hellip;</quote>
 </para>

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

 <para>
 And the RIAA experts said, <quote>Well, we don't really model this as an
 industry with thousands of webcasters, <emphasis>we think it should be
 <para>
 And the RIAA experts said, <quote>Well, we don't really model this as an
 industry with thousands of webcasters, <emphasis>we think it should be


@@ -10149,6 +10112,7 @@ is an embarrassment to our tradition. And the consequence of our law
 as it is, is that those with the power can use the law to quash any rights
 they oppose.
 </para>
 as it is, is that those with the power can use the law to quash any rights
 they oppose.
 </para>

+<indexterm><primary>alcohol prohibition</primary></indexterm>

 <para>
 Wars of prohibition are nothing new in America. This one is just
 something more extreme than anything we've seen before. We
 <para>
 Wars of prohibition are nothing new in America. This one is just
 something more extreme than anything we've seen before. We


@@ -10185,8 +10149,8 @@ compliance literature).
 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.
 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.

-<indexterm><primary>alcohol prohibition</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>law schools</primary></indexterm>

 <para>
 This state of affairs is not without consequence. It is a particularly
 salient issue for teachers like me, whose job it is to teach law
 <para>
 This state of affairs is not without consequence. It is a particularly
 salient issue for teachers like me, whose job it is to teach law


@@ -10203,7 +10167,6 @@ Americans&mdash;more significantly in some parts of America than in
 others, but still, everywhere in America today&mdash;can't live their
 lives both normally and legally, since <quote>normally</quote> entails a certain
 degree of illegality.
 others, but still, everywhere in America today&mdash;can't live their
 lives both normally and legally, since <quote>normally</quote> entails a certain
 degree of illegality.

-<indexterm><primary>law schools</primary></indexterm>

 </para>
 <para>
 The response to this general illegality is either to enforce the law
 </para>
 <para>
 The response to this general illegality is either to enforce the law


@@ -10275,10 +10238,7 @@ right: In a series of commercials, Apple endorsed the <quote>Rip, Mix, Burn</quo
 capacities of digital technologies.
 </para>
 <indexterm><primary>Andromeda</primary></indexterm>
 capacities of digital technologies.
 </para>
 <indexterm><primary>Andromeda</primary></indexterm>

-<indexterm id='idxcdsmix' class='startofrange'>
-  <primary>CDs</primary>
-  <secondary>mix technology and</secondary>
-</indexterm>
+<indexterm id='idxcdsmix' class='startofrange'><primary>CDs</primary><secondary>mix technology and</secondary></indexterm>

 <para>
 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
 <para>
 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


@@ -10360,9 +10320,7 @@ Valenti is charming; but not so charming as to justify giving up a
 tradition as deep and important as our tradition of free culture.
 </para>
 <indexterm><primary>Electronic Frontier Foundation</primary></indexterm>
 tradition as deep and important as our tradition of free culture.
 </para>
 <indexterm><primary>Electronic Frontier Foundation</primary></indexterm>

-<indexterm id='idxisps' class='startofrange'>
-  <primary>ISPs (Internet service providers), user identities revealed by</primary>
-</indexterm>
+<indexterm id='idxisps' class='startofrange'><primary>ISPs (Internet service providers), user identities revealed by</primary></indexterm>

 <para>
 <emphasis role='strong'>There's one more</emphasis> aspect to this
 corruption that is particularly important to civil liberties, and
 <para>
 <emphasis role='strong'>There's one more</emphasis> aspect to this
 corruption that is particularly important to civil liberties, and


@@ -10372,10 +10330,10 @@ Foundation attorney Fred von Lohmann describes, this is the
 a very large percentage of the population into criminals.</quote> This
 is the collateral damage to civil liberties generally.
 </para>
 a very large percentage of the population into criminals.</quote> This
 is the collateral damage to civil liberties generally.
 </para>

+<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 <para>
 <quote>If you can treat someone as a putative lawbreaker,</quote> von Lohmann
 explains,
 <para>
 <quote>If you can treat someone as a putative lawbreaker,</quote> von Lohmann
 explains,

-<indexterm><primary>von Lohmann, Fred</primary></indexterm>

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


@@ -10472,6 +10430,7 @@ your daughter can lose the right to use the university's computer
 network.  She can, in some cases, be expelled.
 </para>
 <indexterm startref='idxisps' class='endofrange'/>
 network.  She can, in some cases, be expelled.
 </para>
 <indexterm startref='idxisps' class='endofrange'/>

+<indexterm><primary>von Lohmann, Fred</primary></indexterm>

 <para>
 Now, of course, she'll have the right to defend herself. You can hire
 a lawyer for her (at $300 per hour, if you're lucky), and she can
 <para>
 Now, of course, she'll have the right to defend herself. You can hire
 a lawyer for her (at $300 per hour, if you're lucky), and she can


@@ -10485,7 +10444,6 @@ 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,
 have already learned, our presumptions about innocence disappear in
 the middle of wars of prohibition. This war is no different.
 Says von Lohmann,

-<indexterm><primary>von Lohmann, Fred</primary></indexterm>

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


@@ -10582,9 +10540,7 @@ success will require.
 <!-- PAGE BREAK 220 -->
 <chapter label="13" id="eldred">
 <title>CHAPTER THIRTEEN: Eldred</title>
 <!-- PAGE BREAK 220 -->
 <chapter label="13" id="eldred">
 <title>CHAPTER THIRTEEN: Eldred</title>

-<indexterm id="idxhawthornenathaniel" class='startofrange'>
-  <primary>Hawthorne, Nathaniel</primary>
-</indexterm>
+<indexterm id="idxhawthornenathaniel" class='startofrange'><primary>Hawthorne, Nathaniel</primary></indexterm>

 <para>
 <emphasis role='strong'>In 1995</emphasis>, a father was frustrated
 that his daughters didn't seem to like Hawthorne. No doubt there was
 <para>
 <emphasis role='strong'>In 1995</emphasis>, a father was frustrated
 that his daughters didn't seem to like Hawthorne. No doubt there was


@@ -10601,6 +10557,8 @@ gave birth to a hobby, and his hobby begat a cause: Eldred would build
 a library of public domain works by scanning these works and making
 them available for free.
 </para>
 a library of public domain works by scanning these works and making
 them available for free.
 </para>

+<indexterm id='idxdisneywalt5' class='startofrange'><primary>Disney, Walt</primary></indexterm>
+<indexterm><primary>Grimm fairy tales</primary></indexterm>

 <para>
 Eldred's library was not simply a copy of certain public domain
 works, though even a copy would have been of great value to people
 <para>
 Eldred's library was not simply a copy of certain public domain
 works, though even a copy would have been of great value to people


@@ -10624,7 +10582,8 @@ animated cartoons, sometimes successfully (<citetitle>Cinderella</citetitle>), s
 (<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure Planet</citetitle>). These are all
 commercial publications of public domain works.
 </para>
 (<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure Planet</citetitle>). These are all
 commercial publications of public domain works.
 </para>

-<indexterm startref="idxhawthornenathaniel" class='endofrange'/>
+<indexterm startref='idxhawthornenathaniel' class='endofrange'/>
+<indexterm startref='idxdisneywalt5' class='endofrange'/>

 <para>
 The Internet created the possibility of noncommercial publications of
 public domain works. Eldred's is just one example. There are literally
 <para>
 The Internet created the possibility of noncommercial publications of
 public domain works. Eldred's is just one example. There are literally


@@ -10725,6 +10684,7 @@ specific&mdash;to <quote>promote &hellip; Progress</quote>&mdash;through means t
 are also specific&mdash; by <quote>securing</quote> <quote>exclusive Rights</quote> (i.e.,
 copyrights) <quote>for limited Times.</quote>
 </para>
 are also specific&mdash; by <quote>securing</quote> <quote>exclusive Rights</quote> (i.e.,
 copyrights) <quote>for limited Times.</quote>
 </para>

+<indexterm><primary>Jaszi, Peter</primary></indexterm>

 <para>
 In the past forty years, Congress has gotten into the practice of
 extending existing terms of copyright protection. What puzzled me
 <para>
 In the past forty years, Congress has gotten into the practice of
 extending existing terms of copyright protection. What puzzled me


@@ -10735,7 +10695,6 @@ no practical effect. If every time a copyright is about to expire,
 Congress has the power to extend its term, then Congress can achieve
 what the Constitution plainly forbids&mdash;perpetual terms <quote>on the
 installment plan,</quote> as Professor Peter Jaszi so nicely put it.
 Congress has the power to extend its term, then Congress can achieve
 what the Constitution plainly forbids&mdash;perpetual terms <quote>on the
 installment plan,</quote> as Professor Peter Jaszi so nicely put it.

-<indexterm><primary>Jaszi, Peter</primary></indexterm>

 </para>
 <para>
 As an academic, my first response was to hit the books. I remember
 </para>
 <para>
 As an academic, my first response was to hit the books. I remember


@@ -10976,6 +10935,10 @@ its politics struck me as extraordinarily boring.  I was not going to
 devote my life to teaching constitutional law if these nine Justices
 were going to be petty politicians.
 </para>
 devote my life to teaching constitutional law if these nine Justices
 were going to be petty politicians.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>copyright purpose established in</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>constitutional purpose of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm><primary>Disney, Walt</primary></indexterm>

 <para>
 <emphasis role='strong'>Now let's pause</emphasis> for a moment to
 make sure we understand what the argument in
 <para>
 <emphasis role='strong'>Now let's pause</emphasis> for a moment to
 make sure we understand what the argument in


@@ -10994,6 +10957,7 @@ get another twenty-year dollop of monopoly. That twenty-year dollop
 would be taken from the public domain. Eric Eldred was fighting a
 piracy that affects us all.
 </para>
 would be taken from the public domain. Eric Eldred was fighting a
 piracy that affects us all.
 </para>

+<indexterm><primary>Nashville Songwriters Association</primary></indexterm>

 <para>
 Some people view the public domain with contempt. In their brief
 
 <para>
 Some people view the public domain with contempt. In their brief
 


@@ -11009,7 +10973,6 @@ 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.
 system, our law requires it. Some may not like the Constitution's
 requirements, but that doesn't make the Constitution a pirate's
 charter.

-<indexterm><primary>Nashville Songwriters Association</primary></indexterm>

 </para>
 <para>
 As we've seen, our constitutional system requires limits on 
 </para>
 <para>
 As we've seen, our constitutional system requires limits on 


@@ -11138,11 +11101,10 @@ digitized, and hence will simply rot away on shelves. But the
                consequence
 for other creative works is much more dire.
 </para>
                consequence
 for other creative works is much more dire.
 </para>

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

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

+<indexterm><primary>Lucky Dog, The</primary></indexterm>

 <para>
 Consider the story of Michael Agee, chairman of Hal Roach Studios,
 which owns the copyrights for the Laurel and Hardy films. Agee is a
 <para>
 Consider the story of Michael Agee, chairman of Hal Roach Studios,
 which owns the copyrights for the Laurel and Hardy films. Agee is a


@@ -11160,8 +11122,6 @@ See David G. Savage, <quote>High Court Scene of Showdown on Copyright Law,</quot
 Songs, Books at Stake; Supreme Court Hears Arguments Today on Striking
 Down Copyright Extension,</quote> <citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002.
 </para></footnote>
 Songs, Books at Stake; Supreme Court Hears Arguments Today on Striking
 Down Copyright Extension,</quote> <citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002.
 </para></footnote>

-
-<indexterm><primary>Lucky Dog, The</primary></indexterm>

 </para>
 <para>
 Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in
 </para>
 <para>
 Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in


@@ -11310,9 +11270,7 @@ would not have interfered with anything.
 <para>
 But this situation has now changed.
 </para>
 <para>
 But this situation has now changed.
 </para>

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

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


@@ -11530,6 +11488,8 @@ the widest range of credible critics&mdash;credible not because they
 were rich and famous, but because they, in the aggregate, demonstrated
 that this law was unconstitutional regardless of one's politics.
 </para>
 were rich and famous, but because they, in the aggregate, demonstrated
 that this law was unconstitutional regardless of one's politics.
 </para>

+<indexterm><primary>Eagle Forum</primary></indexterm>
+<indexterm><primary>Schlafly, Phyllis</primary></indexterm>

 <para>
 The first step happened all by itself. Phyllis Schlafly's
 organization, Eagle Forum, had been an opponent of the CTEA from the
 <para>
 The first step happened all by itself. Phyllis Schlafly's
 organization, Eagle Forum, had been an opponent of the CTEA from the


@@ -11543,8 +11503,6 @@ to get bogged down?</quote>  The answer, as the editorial documented, was the
 power of money.  Schlafly enumerated Disney's contributions to the key
 players on the committees. It was money, not justice, that gave Mickey
 Mouse twenty more years in Disney's control, Schlafly argued.
 power of money.  Schlafly enumerated Disney's contributions to the key
 players on the committees. It was money, not justice, that gave Mickey
 Mouse twenty more years in Disney's control, Schlafly argued.

-<indexterm><primary>Eagle Forum</primary></indexterm>
-<indexterm><primary>Schlafly, Phyllis</primary></indexterm>

 </para>
 <para>
 In the Court of Appeals, Eagle Forum was eager to file a brief
 </para>
 <para>
 In the Court of Appeals, Eagle Forum was eager to file a brief


@@ -11554,6 +11512,10 @@ existing copyrights, there is no limit to Congress's power to set
 terms.  That strong conservative argument persuaded a strong
 conservative judge, Judge Sentelle.
 </para>
 terms.  That strong conservative argument persuaded a strong
 conservative judge, Judge Sentelle.
 </para>

+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Intel</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>Eagle Forum</primary></indexterm>

 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 it gets. They included an extraordinary historical brief by the Free
 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 it gets. They included an extraordinary historical brief by the Free


@@ -11566,18 +11528,14 @@ copyright scholars and one by First Amendment scholars. There was an
 exhaustive and uncontroverted brief by the world's experts in the
 history of the Progress Clause. And of course, there was a new brief
 by Eagle Forum, repeating and strengthening its arguments.
 exhaustive and uncontroverted brief by the world's experts in the
 history of the Progress Clause. And of course, there was a new brief
 by Eagle Forum, repeating and strengthening its arguments.

-<indexterm><primary>GNU/Linux operating system</primary></indexterm>
-<indexterm><primary>Intel</primary></indexterm>
-<indexterm><primary>Linux operating system</primary></indexterm>
-<indexterm><primary>Eagle Forum</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>American Association of Law Libraries</primary></indexterm>
+<indexterm><primary>National Writers Union</primary></indexterm>

 <para>
 Those briefs framed a legal argument. Then to support the legal
 argument, there were a number of powerful briefs by libraries and
 archives, including the Internet Archive, the American Association of
 Law Libraries, and the National Writers Union.
 <para>
 Those briefs framed a legal argument. Then to support the legal
 argument, there were a number of powerful briefs by libraries and
 archives, including the Internet Archive, the American Association of
 Law Libraries, and the National Writers Union.

-<indexterm><primary>American Association of Law Libraries</primary></indexterm>
-<indexterm><primary>National Writers Union</primary></indexterm>

 </para>
 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <para>
 </para>
 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <para>


@@ -11603,6 +11561,10 @@ anything to increase incentives to create. Such extensions were
 nothing more than <quote>rent-seeking</quote>&mdash;the fancy term economists use
 to describe special-interest legislation gone wild.
 </para>
 nothing more than <quote>rent-seeking</quote>&mdash;the fancy term economists use
 to describe special-interest legislation gone wild.
 </para>

+<indexterm><primary>Fried, Charles</primary></indexterm>
+<indexterm><primary>Morrison, Alan</primary></indexterm>
+<indexterm><primary>Public Citizen</primary></indexterm>
+<indexterm><primary>Reagan, Ronald</primary></indexterm>

 <para>
 The same effort at balance was reflected in the legal team we gathered
 to write our briefs in the case. The Jones Day lawyers had been with
 <para>
 The same effort at balance was reflected in the legal team we gathered
 to write our briefs in the case. The Jones Day lawyers had been with


@@ -11616,11 +11578,8 @@ Kathleen Sullivan, who had argued many cases in the Court, and
 <!-- PAGE BREAK 240 -->
 who had advised us early on about a First Amendment strategy; and
 finally, former solicitor general Charles Fried.
 <!-- PAGE BREAK 240 -->
 who had advised us early on about a First Amendment strategy; and
 finally, former solicitor general Charles Fried.

-<indexterm><primary>Fried, Charles</primary></indexterm>
-<indexterm><primary>Morrison, Alan</primary></indexterm>
-<indexterm><primary>Public Citizen</primary></indexterm>
-<indexterm><primary>Reagan, Ronald</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>Fried, Charles</primary></indexterm>

 <para>
 Fried was a special victory for our side. Every other former solicitor
 general was hired by the other side to defend Congress's power to give
 <para>
 Fried was a special victory for our side. Every other former solicitor
 general was hired by the other side to defend Congress's power to give


@@ -11632,7 +11591,6 @@ limited Congress's power in the context of the Commerce Clause. And
 while he had argued many positions in the Supreme Court that I
 personally disagreed with, his joining the cause was a vote of
 confidence in our argument.
 while he had argued many positions in the Supreme Court that I
 personally disagreed with, his joining the cause was a vote of
 confidence in our argument.

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 <para>
 The government, in defending the statute, had its collection of
 </para>
 <para>
 The government, in defending the statute, had its collection of


@@ -11650,6 +11608,7 @@ that the copyright holders would defend the idea that they should
 continue to have the right to control who did what with content they
 wanted to control.
 </para>
 continue to have the right to control who did what with content they
 wanted to control.
 </para>

+<indexterm><primary>Gershwin, George</primary></indexterm>

 <para>
 Dr. Seuss's representatives, for example, argued that it was
 better for the Dr. Seuss estate to control what happened to
 <para>
 Dr. Seuss's representatives, for example, argued that it was
 better for the Dr. Seuss estate to control what happened to


@@ -11673,7 +11632,6 @@ That's
 <!-- PAGE BREAK 241 -->
 their view of how this part of American culture should be controlled,
 and they wanted this law to help them effect that control.
 <!-- PAGE BREAK 241 -->
 their view of how this part of American culture should be controlled,
 and they wanted this law to help them effect that control.

-<indexterm><primary>Gershwin, George</primary></indexterm>

 </para>
 <para>
 This argument made clear a theme that is rarely noticed in this
 </para>
 <para>
 This argument made clear a theme that is rarely noticed in this


@@ -11712,9 +11670,7 @@ of cases that said that an enumerated power had to be interpreted to
 assure that Congress's powers had limits.
 </para>
 <indexterm><primary>Breyer, Stephen</primary></indexterm>
 assure that Congress's powers had limits.
 </para>
 <indexterm><primary>Breyer, Stephen</primary></indexterm>

-<indexterm id='idxginsburg' class='startofrange'>
-  <primary>Ginsburg, Ruth Bader</primary>
-</indexterm>
+<indexterm id='idxginsburg' class='startofrange'><primary>Ginsburg, Ruth Bader</primary></indexterm>

 <para>
 The Rest were the four Justices who had strongly opposed limits on
 Congress's power. These four&mdash;Justice Stevens, Justice Souter,
 <para>
 The Rest were the four Justices who had strongly opposed limits on
 Congress's power. These four&mdash;Justice Stevens, Justice Souter,


@@ -11832,12 +11788,12 @@ this central idea.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <indexterm><primary>Reagan, Ronald</primary></indexterm>
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 <indexterm><primary>Reagan, Ronald</primary></indexterm>

+<indexterm><primary>Fried, Charles</primary></indexterm>

 <para>
 One moot was before the lawyers at Jones Day. Don Ayer was the
 skeptic. He had served in the Reagan Justice Department with Solicitor
 General Charles Fried. He had argued many cases before the Supreme
 Court. And in his review of the moot, he let his concern speak:
 <para>
 One moot was before the lawyers at Jones Day. Don Ayer was the
 skeptic. He had served in the Reagan Justice Department with Solicitor
 General Charles Fried. He had argued many cases before the Supreme
 Court. And in his review of the moot, he let his concern speak:

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 <para>
 <quote>I'm just afraid that unless they really see the harm, they won't be
 </para>
 <para>
 <quote>I'm just afraid that unless they really see the harm, they won't be


@@ -12195,11 +12151,11 @@ passion I had used elsewhere. It was not the basis on which a court
 should decide the issue.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>
 should decide the issue.
 </para>
 <indexterm><primary>Ayer, Don</primary></indexterm>

+<indexterm><primary>Fried, Charles</primary></indexterm>

 <para>
 Would it have been different if I had argued it differently? Would it
 have been different if Don Ayer had argued it? Or Charles Fried? Or
 Kathleen Sullivan?
 <para>
 Would it have been different if I had argued it differently? Would it
 have been different if Don Ayer had argued it? Or Charles Fried? Or
 Kathleen Sullivan?

-<indexterm><primary>Fried, Charles</primary></indexterm>

 </para>
 <para>
 My friends huddled around me to insist it would not. The Court
 </para>
 <para>
 My friends huddled around me to insist it would not. The Court


@@ -12214,13 +12170,13 @@ little reason to resist doing right. I can't help but think that if I had
 stepped down from this pretty picture of dispassionate justice, I could
 have persuaded.
 </para>
 stepped down from this pretty picture of dispassionate justice, I could
 have persuaded.
 </para>

+<indexterm><primary>Jaszi, Peter</primary></indexterm>

 <para>
 And even if I couldn't, then that doesn't excuse what happened in
 January. For at the start of this case, one of America's leading
 intellectual property professors stated publicly that my bringing this
 case was a mistake. <quote>The Court is not ready,</quote> Peter Jaszi said; this
 issue should not be raised until it is.
 <para>
 And even if I couldn't, then that doesn't excuse what happened in
 January. For at the start of this case, one of America's leading
 intellectual property professors stated publicly that my bringing this
 case was a mistake. <quote>The Court is not ready,</quote> Peter Jaszi said; this
 issue should not be raised until it is.

-<indexterm><primary>Jaszi, Peter</primary></indexterm>

 </para>
 <para>
 After the argument and after the decision, Peter said to me, and
 </para>
 <para>
 After the argument and after the decision, Peter said to me, and


@@ -12534,6 +12490,7 @@ me pointing to representatives who might be willing to introduce the
 Eldred Act. And I had a few who directly suggested that they might be
 willing to take the first step.
 </para>
 Eldred Act. And I had a few who directly suggested that they might be
 willing to take the first step.
 </para>

+<indexterm><primary>Lofgren, Zoe</primary></indexterm>

 <para>
 One representative, Zoe Lofgren of California, went so far as to get
 the bill drafted. The draft solved any problem with international
 <para>
 One representative, Zoe Lofgren of California, went so far as to get
 the bill drafted. The draft solved any problem with international


@@ -12542,7 +12499,6 @@ possible. In May 2003, it looked as if the bill would be
 introduced. On May 16, I posted on the Eldred Act blog, <quote>we are
 close.</quote> There was a general reaction in the blog community that
 something good might happen here.
 introduced. On May 16, I posted on the Eldred Act blog, <quote>we are
 close.</quote> There was a general reaction in the blog community that
 something good might happen here.

-<indexterm><primary>Lofgren, Zoe</primary></indexterm>

 </para>
 <para>
 But at this stage, the lobbyists began to intervene. Jack Valenti and
 </para>
 <para>
 But at this stage, the lobbyists began to intervene. Jack Valenti and


@@ -12677,15 +12633,9 @@ controlled by this dead (and often unfindable) hand of the past.
 </part>
 <chapter label="15" id="c-conclusion">
 <title>CONCLUSION</title>
 </part>
 <chapter label="15" id="c-conclusion">
 <title>CONCLUSION</title>

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

 <para>
 <emphasis role='strong'>There are more</emphasis> than 35 million
 people with the AIDS virus worldwide. Twenty-five million of them live
 <para>
 <emphasis role='strong'>There are more</emphasis> than 35 million
 people with the AIDS virus worldwide. Twenty-five million of them live


@@ -12952,11 +12902,13 @@ 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.
 </para>
 noticed. Powerful lobbies, complex issues, and MTV attention spans
 produce the <quote>perfect storm</quote> for free culture.
 </para>

-<indexterm><primary>Reagan, Ronald</primary></indexterm>
-<indexterm id='idxbiomedicalresearch' class='startofrange'>
-  <primary>biomedical research</primary>
-</indexterm>
+<indexterm><primary>public domain</primary><secondary>public projects in</secondary></indexterm>
+<indexterm><primary>single nucleotied polymorphisms (SNPs)</primary></indexterm>

 <indexterm><primary>Wellcome Trust</primary></indexterm>
 <indexterm><primary>Wellcome Trust</primary></indexterm>

+<indexterm><primary>World Wide Web</primary></indexterm>
+<indexterm><primary>Global Positioning System</primary></indexterm>
+<indexterm><primary>Reagan, Ronald</primary></indexterm>
+<indexterm id='idxbiomedicalresearch' class='startofrange'><primary>biomedical research</primary></indexterm>

 <para>
 <emphasis role='strong'>In August 2003</emphasis>, a fight broke out
 in the United States about a decision by the World Intellectual
 <para>
 <emphasis role='strong'>In August 2003</emphasis>, a fight broke out
 in the United States about a decision by the World Intellectual


@@ -13042,6 +12994,7 @@ had thought it was taken for granted that WIPO could and should. And
 thus the meeting about <quote>open and collaborative projects to create
 public goods</quote> seemed perfectly appropriate within the WIPO agenda.
 </para>
 thus the meeting about <quote>open and collaborative projects to create
 public goods</quote> seemed perfectly appropriate within the WIPO agenda.
 </para>

+<indexterm><primary>Apple Corporation</primary></indexterm>

 <para>
 But there is one project within that list that is highly
 controversial, at least among lobbyists. That project is <quote>open source
 <para>
 But there is one project within that list that is highly
 controversial, at least among lobbyists. That project is <quote>open source


@@ -13053,6 +13006,10 @@ 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.
 </para>
 to explore requirements that they use open source or free software,
 rather than <quote>proprietary software,</quote> for their own internal uses.
 </para>

+<indexterm><primary><quote>copyleft</quote> licenses</primary></indexterm>
+<indexterm><primary>GNU/Linux operating system</primary></indexterm>
+<indexterm><primary>Linux operating system</primary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>

 <para>
 I don't mean to enter that debate here. It is important only to
 make clear that the distinction is not between commercial and
 <para>
 I don't mean to enter that debate here. It is important only to
 make clear that the distinction is not between commercial and


@@ -13081,11 +13038,9 @@ Model</citetitle>, discussion at New York University Stern School of Business (3
 May 2001), available at
 <ulink url="http://free-culture.cc/notes/">link #63</ulink>.
 </para></footnote>
 May 2001), available at
 <ulink url="http://free-culture.cc/notes/">link #63</ulink>.
 </para></footnote>

-<indexterm><primary>IBM</primary></indexterm>
-<indexterm><primary><quote>copyleft</quote> licenses</primary></indexterm>
-<indexterm><primary>GNU/Linux operating system</primary></indexterm>
-<indexterm><primary>Linux operating system</primary></indexterm>

 </para>
 </para>

+<indexterm><primary>General Public License (GPL)</primary></indexterm>
+<indexterm><primary>GPL (General Public License)</primary></indexterm>

 <para>
 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>
 <para>
 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>


@@ -13104,6 +13059,8 @@ software. If copyright did not govern software, then free software
 could not impose the same kind of requirements on its adopters. It
 thus depends upon copyright law just as Microsoft does.
 </para>
 could not impose the same kind of requirements on its adopters. It
 thus depends upon copyright law just as Microsoft does.
 </para>

+<indexterm><primary>Krim, Jonathan</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>WIPO meeting opposed by</secondary></indexterm>

 <para>
 It is therefore understandable that as a proprietary software
 developer, Microsoft would oppose this WIPO meeting, and
 <para>
 It is therefore understandable that as a proprietary software
 developer, Microsoft would oppose this WIPO meeting, and


@@ -13117,7 +13074,6 @@ Krim, <quote>The Quiet War over Open-Source,</quote> available at <ulink
 url="http://free-culture.cc/notes/">link #64</ulink>.
 </para></footnote>
 And without U.S. backing, the meeting was canceled.
 url="http://free-culture.cc/notes/">link #64</ulink>.
 </para></footnote>
 And without U.S. backing, the meeting was canceled.

-<indexterm><primary>Krim, Jonathan</primary></indexterm>

 </para>
 <para>
 I don't blame Microsoft for doing what it can to advance its own
 </para>
 <para>
 I don't blame Microsoft for doing what it can to advance its own


@@ -13180,9 +13136,7 @@ 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.
 </para>
 is supposed to be about: giving individuals the right to decide what
 to do with <emphasis>their</emphasis> property.
 </para>

-<indexterm id='idxboland' class='startofrange'>
-  <primary>Boland, Lois</primary>
-</indexterm>
+<indexterm id='idxboland' class='startofrange'><primary>Boland, Lois</primary></indexterm>

 <para>
 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
 <para>
 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


@@ -13284,12 +13238,12 @@ something more than the handmaiden of the most powerful interests.
 It might be crazy to argue that we should preserve a tradition that has
 been part of our tradition for most of our history&mdash;free culture.
 </para>
 It might be crazy to argue that we should preserve a tradition that has
 been part of our tradition for most of our history&mdash;free culture.
 </para>

-<indexterm><primary>CodePink Women in Peace</primary></indexterm>
-<indexterm><primary>Safire, William</primary></indexterm>
-<indexterm><primary>Turner, Ted</primary></indexterm>

 <para>
 If this is crazy, then let there be more crazies. Soon.
 </para>
 <para>
 If this is crazy, then let there be more crazies. Soon.
 </para>

+<indexterm><primary>CodePink Women in Peace</primary></indexterm>
+<indexterm><primary>Safire, William</primary></indexterm>
+<indexterm><primary>Turner, Ted</primary></indexterm>

 <para>
 <emphasis role='strong'>There are moments</emphasis> of hope in this
 struggle. And moments that surprise. When the FCC was considering
 <para>
 <emphasis role='strong'>There are moments</emphasis> of hope in this
 struggle. And moments that surprise. When the FCC was considering


@@ -13393,10 +13347,11 @@ kids who use a computer to share content.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

-<indexterm><primary>Creative Commons</primary></indexterm>
-<indexterm><primary>Gil, Gilberto</primary></indexterm>

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

+<indexterm><primary>Creative Commons</primary></indexterm>
+<indexterm><primary>Gil, Gilberto</primary></indexterm>
+<indexterm><primary>United Kingdom</primary><secondary>public creative archive in</secondary></indexterm>

 <para>
 Yet on the other side of the Atlantic, the BBC has just announced
 that it will build a <quote>Creative Archive,</quote> from which British citizens can
 <para>
 Yet on the other side of the Atlantic, the BBC has just announced
 that it will build a <quote>Creative Archive,</quote> from which British citizens can


@@ -13518,9 +13473,7 @@ before.
 
 <section id="examples">
 <title>Rebuilding Freedoms Previously Presumed: Examples</title>
 
 <section id="examples">
 <title>Rebuilding Freedoms Previously Presumed: Examples</title>

-<indexterm id='browsing' class='startofrange'>
-  <primary>browsing</primary>
-</indexterm>
+<indexterm id='browsing' class='startofrange'><primary>browsing</primary></indexterm>

 <para>
 If you step back from the battle I've been describing here, you will
 recognize this problem from other contexts. Think about
 <para>
 If you step back from the battle I've been describing here, you will
 recognize this problem from other contexts. Think about


@@ -13552,6 +13505,7 @@ places, not by norms (snooping and gossip are just fun), but instead,
 by the costs that friction imposes on anyone who would want to spy.
 </para>
 <indexterm><primary>Amazon</primary></indexterm>
 by the costs that friction imposes on anyone who would want to spy.
 </para>
 <indexterm><primary>Amazon</primary></indexterm>

+<indexterm><primary>cookies, Internet</primary></indexterm>

 <para>
 Enter the Internet, where the cost of tracking browsing in particular
 has become quite tiny. If you're a customer at Amazon, then as you
 <para>
 Enter the Internet, where the cost of tracking browsing in particular
 has become quite tiny. If you're a customer at Amazon, then as you


@@ -13561,7 +13515,6 @@ at. You know this because at the side of the page, there's a list of
 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.
 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.

-<indexterm><primary>cookies, Internet</primary></indexterm>

 </para>
 <para>
 Amazon, of course, is not the problem. But we might begin to worry
 </para>
 <para>
 Amazon, of course, is not the problem. But we might begin to worry


@@ -13679,9 +13632,7 @@ Finally, consider a very recent example that more directly resonates
 with the story of this book. This is the shift in the way academic and
 scientific journals are produced.
 </para>
 with the story of this book. This is the shift in the way academic and
 scientific journals are produced.
 </para>

-<indexterm id="idxacademocjournals" class='startofrange'>
-  <primary>academic journals</primary>
-</indexterm>
+<indexterm id="idxacademocjournals" class='startofrange'><primary>academic journals</primary></indexterm>

 <para>
 As digital technologies develop, it is becoming obvious to many that
 printing thousands of copies of journals every month and sending them
 <para>
 As digital technologies develop, it is becoming obvious to many that
 printing thousands of copies of journals every month and sending them


@@ -13760,9 +13711,7 @@ and science.
 </section>
 <section id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>
 </section>
 <section id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>

-<indexterm id="idxcc" class='startofrange'>
-  <primary>Creative Commons</primary>
-</indexterm>
+<indexterm id="idxcc" class='startofrange'><primary>Creative Commons</primary></indexterm>

 <para>
 The same strategy could be applied to culture, as a response to the
 increasing control effected through law and technology.
 <para>
 The same strategy could be applied to culture, as a response to the
 increasing control effected through law and technology.


@@ -13819,6 +13768,7 @@ upon. Voluntary choice of individuals and creators will make this
 content available. And that content will in turn enable us to rebuild
 a public domain.
 </para>
 content available. And that content will in turn enable us to rebuild
 a public domain.
 </para>

+<indexterm><primary>Garlick, Mia</primary></indexterm>

 <para>
 This is just one project among many within the Creative Commons.  And
 of course, Creative Commons is not the only organization pursuing such
 <para>
 This is just one project among many within the Creative Commons.  And
 of course, Creative Commons is not the only organization pursuing such


@@ -13830,7 +13780,6 @@ aim is to build a 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.
 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.

-<indexterm><primary>Garlick, Mia</primary></indexterm>

 </para>
 <para>
 The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The aim is to
 </para>
 <para>
 The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The aim is to


@@ -13844,10 +13793,7 @@ freedoms, expressed in ways so that humans without lawyers can use
 them&mdash;are needed. Creative Commons gives people a way effectively
 to begin to build those rules.
 </para>
 them&mdash;are needed. Creative Commons gives people a way effectively
 to begin to build those rules.
 </para>

-<indexterm id='idxbooksfreeonline2' class='startofrange'>
-  <primary>books</primary>
-  <secondary>free on-line releases of</secondary>
-</indexterm>
+<indexterm id='idxbooksfreeonline2' class='startofrange'><primary>books</primary><secondary>free on-line releases of</secondary></indexterm>

 <para>
 Why would creators participate in giving up total control? Some
 participate to better spread their content. Cory Doctorow, for
 <para>
 Why would creators participate in giving up total control? Some
 participate to better spread their content. Cory Doctorow, for


@@ -14144,10 +14090,7 @@ evolve. The best way to ensure that the system evolves is to limit the
 Copyright Office's role to that of approving standards for marking
 content that have been crafted elsewhere.
 </para>
 Copyright Office's role to that of approving standards for marking
 content that have been crafted elsewhere.
 </para>

-<indexterm>
-  <primary>CDs</primary>
-  <secondary>copyright marking of</secondary>
-</indexterm>
+<indexterm><primary>CDs</primary><secondary>copyright marking of</secondary></indexterm>

 <para>
 For example, if a recording industry association devises a method for
 marking CDs, it would propose that to the Copyright Office. The
 <para>
 For example, if a recording industry association devises a method for
 marking CDs, it would propose that to the Copyright Office. The


@@ -14236,7 +14179,9 @@ into copyright when the term itself is kept short. A clear and active
 <quote>idea/expression</quote> less necessary to navigate.
 <!-- PAGE BREAK 298 -->
 </para></listitem>
 <quote>idea/expression</quote> less necessary to navigate.
 <!-- PAGE BREAK 298 -->
 </para></listitem>

-<listitem><para>
+<listitem>
+<indexterm><primary>veterans' pensions</primary></indexterm>
+<para>

 <!-- (3) -->
 <emphasis>Keep it alive:</emphasis> Copyright should have to be
 renewed.  Especially if the maximum term is long, the copyright owner
 <!-- (3) -->
 <emphasis>Keep it alive:</emphasis> Copyright should have to be
 renewed.  Especially if the maximum term is long, the copyright owner


@@ -14254,7 +14199,6 @@ available at
 If we make veterans suffer that burden, I don't see why we couldn't
 require authors to spend ten minutes every fifty years to file a
 single form.
 If we make veterans suffer that burden, I don't see why we couldn't
 require authors to spend ten minutes every fifty years to file a
 single form.

-<indexterm><primary>veterans' pensions</primary></indexterm>

 </para></listitem>
 <listitem><para>
 <!-- (4) -->
 </para></listitem>
 <listitem><para>
 <!-- (4) -->


@@ -14292,10 +14236,7 @@ a more generous copyright law than Richard Nixon presided over?
 <section id="freefairuse">
 <title>3. Free Use Vs. Fair Use</title>
 <indexterm><primary>land ownership, air traffic and</primary></indexterm>
 <section id="freefairuse">
 <title>3. Free Use Vs. Fair Use</title>
 <indexterm><primary>land ownership, air traffic and</primary></indexterm>

-<indexterm>
-  <primary>property rights</primary>
-  <secondary>air traffic vs.</secondary>
-</indexterm>
+<indexterm><primary>property rights</primary><secondary>air traffic vs.</secondary></indexterm>

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


@@ -14313,6 +14254,7 @@ 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>
 </para>
 have the power to deny you the right to release that movie, even
 though that movie is not <quote>my writing.</quote>
 </para>

+<indexterm><primary>Kaplan, Benjamin</primary></indexterm>

 <para>
 Congress granted the beginnings of this right in 1870, when it
 expanded the exclusive right of copyright to include a right to
 <para>
 Congress granted the beginnings of this right in 1870, when it
 expanded the exclusive right of copyright to include a right to


@@ -14324,7 +14266,6 @@ University Press, 1967), 32.
 The courts have expanded it slowly through judicial interpretation
 ever since. This expansion has been commented upon by one of the law's
 greatest judges, Judge Benjamin Kaplan.
 The courts have expanded it slowly through judicial interpretation
 ever since. This expansion has been commented upon by one of the law's
 greatest judges, Judge Benjamin Kaplan.

-<indexterm><primary>Kaplan, Benjamin</primary></indexterm>

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


@@ -14466,10 +14407,8 @@ content that is not copyrighted or to get access that the copyright
 owner plainly endorses.
 </para></listitem>
 </orderedlist>
 owner plainly endorses.
 </para></listitem>
 </orderedlist>

-<indexterm>
-  <primary>cassette recording</primary>
-  <secondary>VCRs</secondary>
-</indexterm>
+<indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
+<indexterm><primary>VCRs</primary></indexterm>

 <para>
 Any reform of the law needs to keep these different uses in focus. It
 must avoid burdening type D even if it aims to eliminate type A. The
 <para>
 Any reform of the law needs to keep these different uses in focus. It
 must avoid burdening type D even if it aims to eliminate type A. The


@@ -14580,14 +14519,8 @@ unavailable because the work is forgotten. Either way, the aim of the
 law should be to facilitate the access to this content, ideally in a
 way that returns something to the artist.
 </para>
 law should be to facilitate the access to this content, ideally in a
 way that returns something to the artist.
 </para>

-<indexterm>
-  <primary>books</primary>
-  <secondary>out of print</secondary>
-</indexterm>
-<indexterm>
-  <primary>books</primary>
-  <secondary>resales of</secondary>
-</indexterm>
+<indexterm><primary>books</primary><secondary>out of print</secondary></indexterm>
+<indexterm><primary>books</primary><secondary>resales of</secondary></indexterm>

 <para>
 Again, the model here is the used book store. Once a book goes out of
 print, it may still be available in libraries and used book
 <para>
 Again, the model here is the used book store. Once a book goes out of
 print, it may still be available in libraries and used book


@@ -14660,15 +14593,13 @@ the Internet, or the p2p technologies that are currently harming
 content providers on the Internet, we should find a relatively simple
 way to compensate those who are harmed.
 </para>
 content providers on the Internet, we should find a relatively simple
 way to compensate those who are harmed.
 </para>

+<indexterm id='idxpromisestokeepfisher' class='startofrange'><primary>Promises to Keep (Fisher)</primary></indexterm>

 <para>
 The idea would be a modification of a proposal that has been
 floated by Harvard law professor William Fisher.<footnote>
 <para>
 <!-- f9. -->
 <para>
 The idea would be a modification of a proposal that has been
 floated by Harvard law professor William Fisher.<footnote>
 <para>
 <!-- f9. -->

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

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


@@ -14717,7 +14648,6 @@ distributed. On the basis of those numbers, then (3) artists would be
 compensated. The compensation would be paid for by (4) an appropriate
 tax.
 </para>
 compensated. The compensation would be paid for by (4) an appropriate
 tax.
 </para>

-<indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>

 <para>
 Fisher's proposal is careful and comprehensive. It raises a million
 questions, most of which he answers well in his upcoming book,
 <para>
 Fisher's proposal is careful and comprehensive. It raises a million
 questions, most of which he answers well in his upcoming book,


@@ -14733,10 +14663,8 @@ system, then it can be continued. If this form of protection is no
 longer necessary, then the system could lapse into the old system of
 controlling access.
 </para>
 longer necessary, then the system could lapse into the old system of
 controlling access.
 </para>

-<indexterm>
-  <primary>artists</primary>
-  <secondary>recording industry payments to</secondary>
-</indexterm>
+<indexterm startref='idxpromisestokeepfisher' class='endofrange'/>
+<indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

 <para>
 Fisher would balk at the idea of allowing the system to lapse. His aim
 is not just to ensure that artists are paid, but also to ensure that
 <para>
 Fisher would balk at the idea of allowing the system to lapse. His aim
 is not just to ensure that artists are paid, but also to ensure that


@@ -14750,7 +14678,10 @@ uses. A system that simply charges for access would not greatly burden
 semiotic democracy if there were few limitations on what one was
 allowed to do with the content itself.
 </para>
 semiotic democracy if there were few limitations on what one was
 allowed to do with the content itself.
 </para>

+<indexterm><primary>Apple Corporation</primary></indexterm>
+<indexterm><primary>MusicStore</primary></indexterm>

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

+<indexterm><primary>CDs</primary><secondary>prices of</secondary></indexterm>

 <para>
 No doubt it would be difficult to calculate the proper measure of
 <quote>harm</quote> to an industry. But the difficulty of making that calculation
 <para>
 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


@@ -14766,8 +14697,11 @@ Real Networks, offering music at just 79 cents a song. And no doubt
 there will be a great deal of competition to offer and sell music
 on-line.
 </para>
 there will be a great deal of competition to offer and sell music
 on-line.
 </para>

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

 <indexterm><primary>cable television</primary></indexterm>
 <indexterm><primary>cable television</primary></indexterm>

+<indexterm><primary>television</primary><secondary>cable vs. broadcast</secondary></indexterm>
+<indexterm><primary>Asia, commercial piracy in</primary></indexterm>
+<indexterm><primary>piracy</primary><secondary>in Asia</secondary></indexterm>
+<indexterm><primary>film industry</primary><secondary>luxury theatres vs. video piracy in</secondary></indexterm>

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


@@ -14869,6 +14803,8 @@ client. And in a world where the rich clients have one strong view,
 the unwillingness of the profession to question or counter that one
 strong view queers the law.
 </para>
 the unwillingness of the profession to question or counter that one
 strong view queers the law.
 </para>

+<indexterm><primary>Nimmer, Melville</primary></indexterm>
+<indexterm><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary><secondary>Supreme Court challenge of</secondary></indexterm>

 <para>
 The evidence of this bending is compelling. I'm attacked as a
 <quote>radical</quote> by many within the profession, yet the positions that I am
 <para>
 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


@@ -14964,7 +14900,7 @@ permission produces. Again, this is the reality of Brezhnev's Russia.
 The law should regulate in certain areas of culture&mdash;but it should
 regulate culture only where that regulation does good. Yet lawyers
 
 The law should regulate in certain areas of culture&mdash;but it should
 regulate culture only where that regulation does good. Yet lawyers
 

-<!-- PAGE BREAK 311 -->
+<!-- PAGE BREAK 311-->

 rarely test their power, or the power they promote, against this
 simple pragmatic question: <quote>Will it do good?</quote> When challenged about
 the expanding reach of the law, the lawyer answers, <quote>Why not?</quote>
 rarely test their power, or the power they promote, against this
 simple pragmatic question: <quote>Will it do good?</quote> When challenged about
 the expanding reach of the law, the lawyer answers, <quote>Why not?</quote>


@@ -14994,6 +14930,7 @@ the material.
 </para>
 
 <!-- insert endnotes here -->
 </para>
 
 <!-- insert endnotes here -->

+<?latex \theendnotes ?>

 
 <!--PAGE BREAK 336-->
 
 
 <!--PAGE BREAK 336-->