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

diff --git a/freeculture.xml b/freeculture.xml
index c3ebceb275ae5837370858dc4c9a454f043360e8..aa05385cc2657113bbb94c0ea01afbbd48678f39 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -52,8 +52,8 @@
 
 
  <publisher>
 
 
  <publisher>

-   <publishername>The Penguin Press</publishername>
-   <address><city>New York</city></address>
+   <publishername>Petter Reinholdtsen</publishername>
+   <address><city>Oslo</city></address>

  </publisher>
 
  <copyright>
  </publisher>
 
  <copyright>


@@ -124,7 +124,7 @@ Appeals.
 -->
  </mediaobject>
 
 -->
  </mediaobject>
 

- <biblioid class="isbn">1-59420-006-8</biblioid>
+ <biblioid class="isbn">978-82-92812-XX-Y</biblioid>

 
 <!-- LCCN from
      http://catalog.loc.gov/cgi-bin/Pwebrecon.cgi?v3=1&DB=local&CMD=010a+2003063276&CNT=10+records+per+page
 
 <!-- LCCN from
      http://catalog.loc.gov/cgi-bin/Pwebrecon.cgi?v3=1&DB=local&CMD=010a+2003063276&CNT=10+records+per+page


@@ -132,20 +132,6 @@ Appeals.
   <biblioid class="libraryofcongress">2003063276</biblioid>
 
 </bookinfo>
   <biblioid class="libraryofcongress">2003063276</biblioid>
 
 </bookinfo>

-<!--PAGE BREAK 1-->
-<dedication id="salespoints">
-<title></title>
-<para>
-You can buy a copy of this book by clicking on one of the links below:
-</para>
-<itemizedlist mark="number" spacing="compact">
-<listitem><para><ulink url="http://www.amazon.com/">Amazon</ulink></para></listitem>
-<listitem><para><ulink url="http://www.barnesandnoble.com/">B&amp;N</ulink></para></listitem>
-<listitem><para><ulink url="http://www.penguin.com/">Penguin</ulink></para></listitem>
-<!-- <ulink url="">Local Bookstore</ulink> -->
-</itemizedlist>
-</dedication>
-<!-- PAGE BREAK 2 -->

 <!-- PAGE BREAK 3 -->
 <dedication id="alsobylessig">
 <title></title>
 <!-- PAGE BREAK 3 -->
 <dedication id="alsobylessig">
 <title></title>


@@ -162,96 +148,10 @@ Code: And Other Laws of Cyberspace
 <!-- PAGE BREAK 4 -->
 <!-- PAGE BREAK 5 -->
 <!-- PAGE BREAK 6 -->
 <!-- PAGE BREAK 4 -->
 <!-- PAGE BREAK 5 -->
 <!-- PAGE BREAK 6 -->

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

 <!-- PAGE BREAK 7 -->
 <dedication><title></title>
 <para>
 <!-- PAGE BREAK 7 -->
 <dedication><title></title>
 <para>

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

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


@@ -322,7 +222,7 @@ 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


@@ -358,7 +258,7 @@ 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


@@ -395,7 +295,7 @@ 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='idxpower' class='startofrange'><primary>power, concentration of</primary></indexterm>
+<indexterm id='idxpowerconcentrationof' class='startofrange'><primary>power, concentration of</primary></indexterm>

 <indexterm><primary>CodePink Women in Peace</primary></indexterm>
 <indexterm><primary>Safire, William</primary></indexterm>
 <indexterm><primary>Stevens, Ted</primary></indexterm>
 <indexterm><primary>CodePink Women in Peace</primary></indexterm>
 <indexterm><primary>Safire, William</primary></indexterm>
 <indexterm><primary>Stevens, Ted</primary></indexterm>


@@ -432,7 +332,7 @@ 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='idxpower' class='endofrange'/>
+<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


@@ -486,9 +386,9 @@ 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='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 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


@@ -527,6 +427,8 @@ 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


@@ -564,6 +466,7 @@ 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


@@ -596,13 +499,15 @@ 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


@@ -654,6 +559,8 @@ 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


@@ -663,13 +570,13 @@ 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>


@@ -684,14 +591,15 @@ 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


@@ -703,6 +611,7 @@ 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


@@ -727,7 +636,7 @@ 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,


@@ -739,6 +648,8 @@ FM relaying stations would mean radio stations would have to buy
 wired links from AT&amp;T.) The spread of FM radio was thus choked, at
 least temporarily.
 </para>
 wired links from AT&amp;T.) The spread of FM radio was thus choked, at
 least temporarily.
 </para>

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

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


@@ -751,7 +662,10 @@ would not even cover Armstrong's lawyers' fees. Defeated, broken, and
 now broke, in 1954 Armstrong wrote a short note to his wife and then
 stepped out of a thirteenth-story window to his death.
 </para>
 now broke, in 1954 Armstrong wrote a short note to his wife and then
 stepped out of a thirteenth-story window to his death.
 </para>

-<indexterm startref='idxarmstrongedwin' class='endofrange'/>
+<indexterm startref='idxfmradio' class='endofrange'/>
+<indexterm startref='idxarmstrongedwinhoward' class='endofrange'/>
+<indexterm><primary>Causby, Thomas Lee</primary></indexterm>
+<indexterm><primary>Causby, Tinie</primary></indexterm>

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


@@ -768,6 +682,9 @@ 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


@@ -803,6 +720,10 @@ 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


@@ -814,8 +735,6 @@ 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


@@ -828,6 +747,7 @@ 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


@@ -871,6 +791,9 @@ been undone.  The consequence is that we are less and less a free
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->
 culture, more and more a permission culture.
 </para>
 <!-- PAGE BREAK 24 -->

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

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


@@ -884,6 +807,7 @@ shared have united to induce lawmakers to use the law to protect
 them. It is the story of RCA and Armstrong; it is the dream of the
 Causbys.
 </para>
 them. It is the story of RCA and Armstrong; it is the dream of the
 Causbys.
 </para>

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

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


@@ -912,6 +836,7 @@ 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
 <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


@@ -944,6 +869,10 @@ 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


@@ -971,9 +900,9 @@ independent. We have built a kind of cultural nobility; those within
 the noble class live easily; those outside it don't. But it is
 nobility of any form that is alien to our tradition.
 </para>
 the noble class live easily; those outside it don't. But it is
 nobility of any form that is alien to our tradition.
 </para>

-<!-- PAGE BREAK 26. FIXME: Should "Is it" be "It is" ? -->
+<!-- PAGE BREAK 26. FIXME: Ask author if "Is it" should be "It is" ? -->

 <para>
 <para>

-The story that follows is about this war. Is it not about the
+The story that follows is about this war. It is not about the

 <quote>centrality of technology</quote> to ordinary life. I don't believe in gods,
 digital or otherwise. Nor is it an effort to demonize any individual
 or group, for neither do I believe in a devil, corporate or
 <quote>centrality of technology</quote> to ordinary life. I don't believe in gods,
 digital or otherwise. Nor is it an effort to demonize any individual
 or group, for neither do I believe in a devil, corporate or


@@ -991,6 +920,7 @@ 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


@@ -1066,6 +996,7 @@ 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


@@ -1104,7 +1035,10 @@ 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,


@@ -1121,8 +1055,10 @@ 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


@@ -1140,6 +1076,7 @@ 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


@@ -1170,7 +1107,8 @@ piracy.
 <indexterm><primary>ASCAP</primary></indexterm>
 <indexterm><primary>Dreyfuss, Rochelle</primary></indexterm>
 <indexterm><primary>Girl Scouts</primary></indexterm>
 <indexterm><primary>ASCAP</primary></indexterm>
 <indexterm><primary>Dreyfuss, Rochelle</primary></indexterm>
 <indexterm><primary>Girl Scouts</primary></indexterm>

-<indexterm id='idxifvalue' class='startofrange'><primary><quote>if value, then right</quote> theory</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> 


@@ -1194,6 +1132,7 @@ 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 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


@@ -1202,7 +1141,9 @@ 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


@@ -1217,6 +1158,7 @@ work on the one hand and building upon or transforming that work on
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>
 the other. Copyright law at its birth had only publishing as its concern;
 copyright law today regulates both.
 </para>

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

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


@@ -1225,6 +1167,7 @@ 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>


@@ -1262,6 +1205,7 @@ 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


@@ -1272,8 +1216,11 @@ 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='idxanimatedcartoons' class='startofrange'><primary>animated cartoons</primary></indexterm>

 <indexterm id='idxcartoonfilms' class='startofrange'><primary>cartoon films</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>.


@@ -1281,6 +1228,7 @@ 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


@@ -1316,11 +1264,11 @@ Cartoons</citetitle> (New York: Penguin Books, 1987), 34&ndash;35.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

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

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


@@ -1331,6 +1279,9 @@ Disney's invention that set the standard that others struggled to
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>
 match.  And quite often, Disney's great genius, his spark of
 creativity, was built upon the work of others.
 </para>

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

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


@@ -1345,6 +1296,8 @@ Jr</citetitle>. was a classic of this form, famous among film buffs for its
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>
 incredible stunts.  The film was classic Keaton&mdash;wildly popular
 and among the best of its genre.
 </para>

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

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


@@ -1368,6 +1321,12 @@ 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


@@ -1387,6 +1346,7 @@ were built upon a base that was borrowed.  Disney added to the work of
 others before him, creating something new out of something just barely
 old.
 </para>
 others before him, creating something new out of something just barely
 old.
 </para>

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

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


@@ -1418,7 +1378,7 @@ 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


@@ -1428,6 +1388,12 @@ 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


@@ -1459,6 +1425,8 @@ 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


@@ -1473,12 +1441,22 @@ 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


@@ -1504,6 +1482,8 @@ But my purpose here is not to understand manga. It is to describe a
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>
 variant on manga that from a lawyer's perspective is quite odd, but
 from a Disney perspective is quite familiar.
 </para>

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

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


@@ -1519,6 +1499,7 @@ 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


@@ -1530,6 +1511,8 @@ 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


@@ -1544,7 +1527,8 @@ 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


@@ -1552,7 +1536,7 @@ flourish. As American graphic novelist Judd Winick said to me, <quote>The
 early days of comics in America are very much like what's going on
 in Japan now. &hellip; American  comics were born out of copying each
 <!-- PAGE BREAK 40 -->
 early days of comics in America are very much like what's going on
 in Japan now. &hellip; American  comics were born out of copying each
 <!-- PAGE BREAK 40 -->

-other. &hellip; That's how [the artists] learn to draw&mdash;by going into comic
+other. &hellip; That's how [the artists] learn to draw &mdash; by going into comic

 books and not tracing them, but looking at them and copying them</quote>
 and building from them.<footnote><para>
 <!-- f5 -->
 books and not tracing them, but looking at them and copying them</quote>
 and building from them.<footnote><para>
 <!-- f5 -->


@@ -1560,6 +1544,7 @@ 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


@@ -1569,7 +1554,10 @@ 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


@@ -1589,6 +1577,9 @@ 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


@@ -1600,6 +1591,8 @@ 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


@@ -1619,6 +1612,7 @@ 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>


@@ -1633,19 +1627,22 @@ 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>
 (New York: Random House, 2001), 293 n. 26. The term accurately
 The term <citetitle>intellectual property</citetitle> is of relatively recent origin. See
 Siva Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 11 (New York: New York
 University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of Ideas</citetitle>
 (New York: Random House, 2001), 293 n. 26. The term accurately

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

 very different.
 very different.

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

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

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

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


@@ -1661,6 +1658,7 @@ 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


@@ -1670,6 +1668,12 @@ valuable, our tradition does not treat those takings as wrong. Some
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>
 things remain free for the taking within a free culture, and that
 freedom is good.
 </para>

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

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


@@ -1678,12 +1682,20 @@ 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


@@ -1709,6 +1721,7 @@ 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


@@ -1726,14 +1739,15 @@ 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


@@ -1744,6 +1758,7 @@ 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


@@ -1754,9 +1769,8 @@ 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


@@ -1769,6 +1783,8 @@ 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


@@ -1777,7 +1793,6 @@ 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>


@@ -1792,12 +1807,13 @@ preliminary study, without a darkroom and without
 chemicals.<footnote>
 <para>
 <!-- f2 -->
 chemicals.<footnote>
 <para>
 <!-- f2 -->

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

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

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

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

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

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


@@ -1817,7 +1833,6 @@ 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>
 


@@ -1836,6 +1851,8 @@ 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


@@ -1849,6 +1866,8 @@ 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


@@ -1866,6 +1885,9 @@ v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905);
 Dist. Ct. 1894).
 </para></footnote>
 </para>
 Dist. Ct. 1894).
 </para></footnote>
 </para>

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

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


@@ -1878,6 +1900,8 @@ Mickey, so, too, should these photographers not be free to take images
 that they thought valuable.
 </para>
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>
 that they thought valuable.
 </para>
 <indexterm><primary>Brandeis, Louis D.</primary></indexterm>

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

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


@@ -1895,7 +1919,7 @@ gets something for nothing. Just as Disney could take inspiration from
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>
 <citetitle>Steamboat Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be
 free to capture an image without compensating the source.
 </para>

-<indexterm><primary>images, ownership of</primary></indexterm>
+<indexterm startref='idxdisneywalt4' class='endofrange'/>

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


@@ -1914,6 +1938,8 @@ 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>Kodak cameras</primary></indexterm>
+<indexterm><primary>Napster</primary></indexterm>

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


@@ -1929,6 +1955,10 @@ 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 startref='idxcameratechnology2' class='endofrange'/>
+<indexterm id='idxcameratechnology3' class='startofrange'><primary>camera technology</primary></indexterm>
+<indexterm><primary>democracy</primary><secondary>in technologies of expression</secondary></indexterm>
+<indexterm><primary>expression, technologies of</primary><secondary>democratic</secondary></indexterm>

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


@@ -1944,7 +1974,12 @@ 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'/>
+<indexterm startref='idximagesownershipof' class='endofrange'/>
+<indexterm><primary>digital cameras</primary></indexterm>
+<indexterm id='idxjustthink' class='startofrange'><primary>Just Think!</primary></indexterm>

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


@@ -1961,8 +1996,9 @@ 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'/>
+<indexterm id='idxeducationinmedialiteracy' class='startofrange'><primary>education</primary><secondary>in media literacy</secondary></indexterm>
+<indexterm id='idxmedialiteracy' class='startofrange'><primary>media literacy</primary></indexterm>
+<indexterm id='idxexpressiontechnologiesofmedialiteracyand' class='startofrange'><primary>expression, technologies of</primary><secondary>media literacy and</secondary></indexterm>

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


@@ -1980,6 +2016,7 @@ 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


@@ -1987,8 +2024,8 @@ 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>

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

 <para>
 This may seem like an odd way to think about <quote>literacy.</quote> For most
 people, literacy is about reading and writing. Faulkner and Hemingway
 <para>
 This may seem like an odd way to think about <quote>literacy.</quote> For most
 people, literacy is about reading and writing. Faulkner and Hemingway


@@ -1996,6 +2033,8 @@ and noticing split infinitives are the things that <quote>literate</quote> peopl
 about.
 </para>
 <indexterm><primary>advertising</primary></indexterm>
 about.
 </para>
 <indexterm><primary>advertising</primary></indexterm>

+<indexterm><primary>commercials</primary></indexterm>
+<indexterm><primary>television</primary><secondary>advertising on</secondary></indexterm>

 <para>
 Maybe. But in a world where children see on average 390 hours of
 television commercials per year, or between 20,000 and 45,000 
 <para>
 Maybe. But in a world where children see on average 390 hours of
 television commercials per year, or between 20,000 and 45,000 


@@ -2021,6 +2060,7 @@ how difficult media is. Or more fundamentally, few of us have a sense
 of how media works, how it holds an audience or leads it through a
 story, how it triggers emotion or builds suspense.
 </para>
 of how media works, how it holds an audience or leads it through a
 story, how it triggers emotion or builds suspense.
 </para>

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

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


@@ -2029,6 +2069,7 @@ from reading a book about it. One learns to write by writing and then
 reflecting upon what one has written. One learns to write with images
 by making them and then reflecting upon what one has created.
 </para>
 reflecting upon what one has written. One learns to write with images
 by making them and then reflecting upon what one has created.
 </para>

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

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


@@ -2110,7 +2151,7 @@ language of the twenty-first century.</quote><footnote><para>
 Ibid.
 </para></footnote>
 </para>
 Ibid.
 </para></footnote>
 </para>

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

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


@@ -2123,6 +2164,7 @@ failure. But Daley and Barish ran a program that gave kids an
 opportunity to use film to express meaning about something the
 students know something about&mdash;gun violence.
 </para>
 opportunity to use film to express meaning about something the
 students know something about&mdash;gun violence.
 </para>

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

 <para>
 The class was held on Friday afternoons, and it created a relatively
 new problem for the school. While the challenge in most classes was
 <para>
 The class was held on Friday afternoons, and it created a relatively
 new problem for the school. While the challenge in most classes was


@@ -2148,6 +2190,8 @@ can do well. Yet neither is text a form in which
 <emphasis>these</emphasis> ideas can be expressed well. The power of
 this message depended upon its connection to this form of expression.
 </para>
 <emphasis>these</emphasis> ideas can be expressed well. The power of
 this message depended upon its connection to this form of expression.
 </para>

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

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


@@ -2180,6 +2224,7 @@ make a little movie.</quote> But instead, really help you take these elements
 that you understand, that are your language, and construct meaning
 about the topic.&hellip;
 </para>
 that you understand, that are your language, and construct meaning
 about the topic.&hellip;
 </para>

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

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


@@ -2198,7 +2243,13 @@ had a lot of power with this language.
 <!-- FIXME removed a " from the end of the previous paragraph that did
      not match with any start quote. -->
 </blockquote>
 <!-- FIXME removed a " from the end of the previous paragraph that did
      not match with any start quote. -->
 </blockquote>

+<indexterm startref='idxeducationinmedialiteracy' class='endofrange'/>
+<indexterm startref='idxmedialiteracy' class='endofrange'/>
+<indexterm startref='idxexpressiontechnologiesofmedialiteracyand' class='endofrange'/>
+<indexterm startref='idxdaleyelizabeth2' class='endofrange'/>
+<indexterm id='idxseptemberterroristattacksof' class='startofrange'><primary>September 11, 2001, terrorist attacks of</primary></indexterm>

 <indexterm><primary>World Trade Center</primary></indexterm>
 <indexterm><primary>World Trade Center</primary></indexterm>

+<indexterm id='idxnewscoverage' class='startofrange'><primary>news coverage</primary></indexterm>

 <para>
 <emphasis role='strong'>When two planes</emphasis> crashed into the
 World Trade Center, another into the Pentagon, and a fourth into a
 <para>
 <emphasis role='strong'>When two planes</emphasis> crashed into the
 World Trade Center, another into the Pentagon, and a fourth into a


@@ -2235,6 +2286,7 @@ the term in his book <citetitle>Cyber Rights</citetitle>, around a news event th
 captured the attention of the world. There was ABC and CBS, but there
 was also the Internet.
 </para>
 captured the attention of the world. There was ABC and CBS, but there
 was also the Internet.
 </para>

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

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


@@ -2254,6 +2306,10 @@ and obviously not just that events are commented upon critically, but
 that this mix of captured images, sound, and commentary can be widely
 spread practically instantaneously.
 </para>
 that this mix of captured images, sound, and commentary can be widely
 spread practically instantaneously.
 </para>

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

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


@@ -2263,7 +2319,8 @@ such as in Japan, it functions very much like a diary. In those
 cultures, it records private facts in a public way&mdash;it's a kind
 of electronic <citetitle>Jerry Springer</citetitle>, available anywhere in the world.
 </para>
 cultures, it records private facts in a public way&mdash;it's a kind
 of electronic <citetitle>Jerry Springer</citetitle>, available anywhere in the world.
 </para>

-<indexterm><primary>blogs (Web-logs)</primary></indexterm>
+<indexterm><primary>political discourse</primary></indexterm>
+<indexterm id='idxinternetpublicdiscourseconductedon' class='startofrange'><primary>Internet</primary><secondary>public discourse conducted on</secondary></indexterm>

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


@@ -2278,6 +2335,9 @@ are relatively short; they point directly to words used by others,
 criticizing with or adding to them.  They are arguably the most
 important form of unchoreographed public discourse that we have.
 </para>
 criticizing with or adding to them.  They are arguably the most
 important form of unchoreographed public discourse that we have.
 </para>

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

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


@@ -2289,7 +2349,11 @@ people vote
 in those elections. The cycle of these elections has become totally
 professionalized and routinized. Most of us think this is democracy.
 </para>
 in those elections. The cycle of these elections has become totally
 professionalized and routinized. Most of us think this is democracy.
 </para>

+<indexterm startref='idxblogsweblogs' class='endofrange'/>
+<indexterm startref='idxinternetblogson' class='endofrange'/>
+<indexterm startref='idxweblogsblogs' class='endofrange'/>

 <indexterm><primary>Tocqueville, Alexis de</primary></indexterm>
 <indexterm><primary>Tocqueville, Alexis de</primary></indexterm>

+<indexterm id='idxdemocracypublicdiscoursein' class='startofrange'><primary>democracy</primary><secondary>public discourse in</secondary></indexterm>

 <indexterm><primary>jury system</primary></indexterm>
 <para>
 But democracy has never just been about elections. Democracy
 <indexterm><primary>jury system</primary></indexterm>
 <para>
 But democracy has never just been about elections. Democracy


@@ -2311,6 +2375,7 @@ See, for example, Alexis de Tocqueville, <citetitle>Democracy in America</citeti
 bk. 1, trans.  Henry Reeve (New York: Bantam Books, 2000), ch. 16.
 </para></footnote>
 </para>
 bk. 1, trans.  Henry Reeve (New York: Bantam Books, 2000), ch. 16.
 </para></footnote>
 </para>

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

 <para>
 Yet even this institution flags in American life today. And in its
 place, there is no systematic effort to enable citizen deliberation. Some
 <para>
 Yet even this institution flags in American life today. And in its
 place, there is no systematic effort to enable citizen deliberation. Some


@@ -2323,6 +2388,7 @@ And in some towns in New England, something close to deliberation
 remains. But for most of us for most of the time, there is no time or
 place for <quote>democratic deliberation</quote> to occur.
 </para>
 remains. But for most of us for most of the time, there is no time or
 place for <quote>democratic deliberation</quote> to occur.
 </para>

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

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


@@ -2336,8 +2402,13 @@ Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton Univers
 </para></footnote> We say what our friends want to hear, and hear very
 little beyond what our friends say.
 </para>
 </para></footnote> We say what our friends want to hear, and hear very
 little beyond what our friends say.
 </para>

-<indexterm id='idxblogs1' class='startofrange'><primary>blogs (Web-logs)</primary></indexterm>
+<indexterm id='idxblogsweblogs2' class='startofrange'><primary>blogs (Web-logs)</primary></indexterm>

 <indexterm><primary>e-mail</primary></indexterm>
 <indexterm><primary>e-mail</primary></indexterm>

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

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


@@ -2366,6 +2437,8 @@ is having an effect.
 </para>
 <indexterm><primary>Lott, Trent</primary></indexterm>
 <indexterm><primary>Thurmond, Strom</primary></indexterm>
 </para>
 <indexterm><primary>Lott, Trent</primary></indexterm>
 <indexterm><primary>Thurmond, Strom</primary></indexterm>

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

 <para>
 One direct effect is on stories that had a different life cycle in the
 mainstream media. The Trent Lott affair is an example. When Lott
 <para>
 One direct effect is on stories that had a different life cycle in the
 mainstream media. The Trent Lott affair is an example. When Lott


@@ -2382,6 +2455,7 @@ Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the Pot,</quote>
 York Times, 16 January 2003, G5.
 </para></footnote>
 </para>
 York Times, 16 January 2003, G5.
 </para></footnote>
 </para>

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

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


@@ -2389,6 +2463,8 @@ newspapers are commercial entities. They must work to keep attention.
 If they lose readers, they lose revenue. Like sharks, they must move
 on.
 </para>
 If they lose readers, they lose revenue. Like sharks, they must move
 on.
 </para>

+<indexterm startref='idxmediablogpressureon' class='endofrange'/>
+<indexterm><primary>Internet</primary><secondary>peer-generated rankings on</secondary></indexterm>

 <para>
 But bloggers don't have a similar constraint. They can obsess, they
 can focus, they can get serious. If a particular blogger writes a
 <para>
 But bloggers don't have a similar constraint. They can obsess, they
 can focus, they can get serious. If a particular blogger writes a


@@ -2398,7 +2474,9 @@ rises in the ranks of stories. People read what is popular; what is
 popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>
 popular has been selected by a very democratic process of
 peer-generated rankings.
 </para>

-<indexterm id="idxwinerdave" class='startofrange'><primary>Winer, Dave</primary></indexterm>
+<indexterm startref='idxmediacommercialimperativesof' class='endofrange'/>
+<indexterm id='idxjournalism' class='startofrange'><primary>journalism</primary></indexterm>
+<indexterm id='idxwinerdave' class='startofrange'><primary>Winer, Dave</primary></indexterm>

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


@@ -2411,7 +2489,9 @@ conflict of interest is so easily disclosed that you know you can sort of
 get it out of the way.</quote>
 </para>
 <indexterm><primary>CNN</primary></indexterm>
 get it out of the way.</quote>
 </para>
 <indexterm><primary>CNN</primary></indexterm>

+<indexterm><primary>media</primary><secondary>commercial imperatives of</secondary></indexterm>

 <indexterm><primary>Iraq war</primary></indexterm>
 <indexterm><primary>Iraq war</primary></indexterm>

+<indexterm><primary>media</primary><secondary>ownership concentration in</secondary></indexterm>

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


@@ -2429,13 +2509,15 @@ account of the war was too bleak: She needed to offer a more
 optimistic story. When she told New York that wasn't warranted, they
 told her that <emphasis>they</emphasis> were writing <quote>the story.</quote>)
 </para>
 optimistic story. When she told New York that wasn't warranted, they
 told her that <emphasis>they</emphasis> were writing <quote>the story.</quote>)
 </para>

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

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


@@ -2478,6 +2560,7 @@ And as the inclusion of content in this space is the least infringing use
 of the Internet (meaning infringing on copyright), Winer said, <quote>we will
 be the last thing that gets shut down.</quote>
 </para>
 of the Internet (meaning infringing on copyright), Winer said, <quote>we will
 be the last thing that gets shut down.</quote>
 </para>

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

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


@@ -2493,9 +2576,14 @@ Today there are probably a couple of million blogs where such writing
 happens. When there are ten million, there will be something
 extraordinary to report.
 </para>
 happens. When there are ten million, there will be something
 extraordinary to report.
 </para>

-<indexterm startref='idxblogs1' class='endofrange'/>
-<indexterm startref="idxwinerdave" class='endofrange'/>
-<indexterm id="idxbrownjohnseely" class='startofrange'><primary>Brown, John Seely</primary></indexterm>
+<indexterm startref='idxnewscoverage' class='endofrange'/>
+<indexterm startref='idxinternetpublicdiscourseconductedon' class='endofrange'/>
+<indexterm startref='idxpoliticaldiscourse' class='endofrange'/>
+<indexterm startref='idxblogsweblogs2' class='endofrange'/>
+<indexterm startref='idxinternetblogson2' class='endofrange'/>
+<indexterm startref='idxweblogsblogs2' class='endofrange'/>
+<indexterm startref='idxwinerdave' class='endofrange'/>
+<indexterm id='idxbrownjohnseely' class='startofrange'><primary>Brown, John Seely</primary></indexterm>

 <indexterm id='idxadvertising1' class='startofrange'><primary>advertising</primary></indexterm>
 <para>
 <emphasis role='strong'>John Seely Brown</emphasis> is the chief
 <indexterm id='idxadvertising1' class='startofrange'><primary>advertising</primary></indexterm>
 <para>
 <emphasis role='strong'>John Seely Brown</emphasis> is the chief


@@ -2604,7 +2692,7 @@ natural tendencies of today's digital kids. &hellip; We're building an
 architecture that unleashes 60 percent of the brain [and] a legal
 system that closes down that part of the brain.</quote>
 </para>
 architecture that unleashes 60 percent of the brain [and] a legal
 system that closes down that part of the brain.</quote>
 </para>

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

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


@@ -2620,8 +2708,13 @@ quipped to me in a rare moment of despondence.
 </chapter>
 <chapter label="3" id="catalogs">
 <title>CHAPTER THREE: Catalogs</title>
 </chapter>
 <chapter label="3" id="catalogs">
 <title>CHAPTER THREE: Catalogs</title>

+<indexterm><primary>Jordan, Jesse</primary></indexterm>

 <indexterm><primary>RPI</primary><see>Rensselaer Polytechnic Institute (RPI)</see></indexterm>
 <indexterm><primary>RPI</primary><see>Rensselaer Polytechnic Institute (RPI)</see></indexterm>

-<indexterm id="idxrensselaer" class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary></indexterm>
+<indexterm id='idxrensselaer' class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary></indexterm>
+<indexterm id='idxrensselaerpolytechnicinstituterpicomputernetworksearchengineof' class='startofrange'><primary>Rensselaer Polytechnic Institute (RPI)</primary><secondary>computer network search engine of</secondary></indexterm>
+<indexterm id='idxsearchengines' class='startofrange'><primary>search engines</primary></indexterm>
+<indexterm id='idxuniversitycomputernetworksppsharingon' class='startofrange'><primary>university computer networks, p2p sharing on</primary></indexterm>
+<indexterm id='idxinternetsearchenginesusedon' class='startofrange'><primary>Internet</primary><secondary>search engines used on</secondary></indexterm>

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


@@ -2645,6 +2738,7 @@ available on the RPI network is available on the Internet. But the
 network is designed to enable students to get access to the Internet,
 as well as more intimate access to other members of the RPI community.
 </para>
 network is designed to enable students to get access to the Internet,
 as well as more intimate access to other members of the RPI community.
 </para>

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

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


@@ -2657,6 +2751,8 @@ access to material from that institution.  Businesses do this all the
 time, enabling employees to have access to material that people
 outside the business can't get. Universities do it as well.
 </para>
 time, enabling employees to have access to material that people
 outside the business can't get. Universities do it as well.
 </para>

+<indexterm id='idxjordanjesse' class='startofrange'><primary>Jordan, Jesse</primary></indexterm>
+<indexterm id='idxmicrosoftnetworkfilesystemof' class='startofrange'><primary>Microsoft</primary><secondary>network file system of</secondary></indexterm>

 <para>
 These engines are enabled by the network technology itself.
 Microsoft, for example, has a network file system that makes it very
 <para>
 These engines are enabled by the network technology itself.
 Microsoft, for example, has a network file system that makes it very


@@ -2666,6 +2762,7 @@ content.  Jesse's search engine was built to take advantage of this
 technology. It used Microsoft's network file system to build an index
 of all the files available within the RPI network.
 </para>
 technology. It used Microsoft's network file system to build an index
 of all the files available within the RPI network.
 </para>

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

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


@@ -2678,6 +2775,7 @@ modified the system a bit to fix that problem, by adding a button that
 a user could click to see if the machine holding the file was still
 on-line.
 </para>
 a user could click to see if the machine holding the file was still
 on-line.
 </para>

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

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


@@ -2685,6 +2783,7 @@ March, the system was functioning quite well. Jesse had more than one
 million files in his directory, including every type of content that might
 be on users' computers.
 </para>
 million files in his directory, including every type of content that might
 be on users' computers.
 </para>

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

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


@@ -2694,6 +2793,8 @@ might have created; university brochures&mdash;basically anything that
 users of the RPI network made available in a public folder of their
 computer.
 </para>
 users of the RPI network made available in a public folder of their
 computer.
 </para>

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

 <para>
 But the index also included music files. In fact, one quarter of the
 files that Jesse's search engine listed were music files. But that
 <para>
 But the index also included music files. In fact, one quarter of the
 files that Jesse's search engine listed were music files. But that


@@ -2709,6 +2810,11 @@ this experiment. He was a kid tinkering with technology in an
 environment where tinkering with technology was precisely what he was
 supposed to do.
 </para>
 environment where tinkering with technology was precisely what he was
 supposed to do.
 </para>

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

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


@@ -2731,7 +2837,12 @@ RPI community to get access to content, which Jesse had not himself
 created or posted, and the vast majority of which had nothing to do
 with music.
 </para>
 created or posted, and the vast majority of which had nothing to do
 with music.
 </para>

+<indexterm startref='idxsearchengines' class='endofrange'/>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>statutory damages of</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitsindividualdefendantsintimidatedby' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>individual defendants intimidated by</secondary></indexterm>

 <indexterm><primary>statutory damages</primary></indexterm>
 <indexterm><primary>statutory damages</primary></indexterm>

+<indexterm id='idxrecordingindustryassociationofamericariaaintimidationtacticsof' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>intimidation tactics of</secondary></indexterm>

 <para>
 But the RIAA branded Jesse a pirate. They claimed he operated a
 network and had therefore <quote>willfully</quote> violated copyright laws. They
 <para>
 But the RIAA branded Jesse a pirate. They claimed he operated a
 network and had therefore <quote>willfully</quote> violated copyright laws. They


@@ -2743,8 +2854,8 @@ claim $150,000 per infringement. As the RIAA alleged more than one
 hundred specific copyright infringements, they therefore demanded that
 Jesse pay them at least $15,000,000.
 </para>
 hundred specific copyright infringements, they therefore demanded that
 Jesse pay them at least $15,000,000.
 </para>

-<indexterm><primary>Princeton University</primary></indexterm>

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

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

 <para>
 Similar lawsuits were brought against three other students: one other
 student at RPI, one at Michigan Technical University, and one at
 <para>
 Similar lawsuits were brought against three other students: one other
 student at RPI, one at Michigan Technical University, and one at


@@ -2763,7 +2874,7 @@ Suit Alleges $97.8 Billion in Damages,</quote> <citetitle>Professional Media Gro
 (2003): 5, available at 2003 WL 55179443.
 </para></footnote>
 </para>
 (2003): 5, available at 2003 WL 55179443.
 </para></footnote>
 </para>

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

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


@@ -2783,6 +2894,7 @@ case, Matt Oppenheimer, told Jesse, <quote>You don't want to pay another
 visit to a dentist like me.</quote>) And throughout, the RIAA insisted it
 would not settle the case until it took every penny Jesse had saved.
 </para>
 visit to a dentist like me.</quote>) And throughout, the RIAA insisted it
 would not settle the case until it took every penny Jesse had saved.
 </para>

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

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


@@ -2798,6 +2910,8 @@ 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>
 or $12,000 and a settlement.
 </para>
 <indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

+<indexterm><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm><primary>Recording Industry Association of America (RIAA)</primary><secondary>lobbying power of</secondary></indexterm>

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


@@ -2819,6 +2933,8 @@ Douglas Lichtman makes a related point in <quote>KaZaA and Punishment,</quote>
 <citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24.
 </para></footnote>
 </para>
 <citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24.
 </para></footnote>
 </para>

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

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


@@ -2840,10 +2956,17 @@ I. &hellip; He's  not a tree hugger. &hellip; I  think it's bizarre that they wo
 pick on him. But he wants to let people know that they're sending the
 wrong message. And he wants to correct the record.</quote>
 </para>
 pick on him. But he wants to let people know that they're sending the
 wrong message. And he wants to correct the record.</quote>
 </para>

+<indexterm startref='idxuniversitycomputernetworksppsharingon' class='endofrange'/>
+<indexterm startref='idxjordanjesse' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsinrecordingindustry' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsagainststudentfilesharing' class='endofrange'/>
+<indexterm startref='idxrecordingindustrycopyrightinfringementlawsuitsof' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaacopyrightinfringementlawsuitsfiledby' class='endofrange'/>

 <!-- PAGE BREAK 66 -->
 </chapter>
 <chapter label="4" id="pirates">
 <title>CHAPTER FOUR: <quote>Pirates</quote></title>
 <!-- PAGE BREAK 66 -->
 </chapter>
 <chapter label="4" id="pirates">
 <title>CHAPTER FOUR: <quote>Pirates</quote></title>

+<indexterm id='idxpiracyindevelopmentofcontentindustry' class='startofrange'><primary>piracy</primary><secondary>in development of content industry</secondary></indexterm>

 <indexterm><primary><quote>if value, then right</quote> theory</primary></indexterm>
 <para>
 <emphasis role='strong'>If <quote>piracy</quote> means</emphasis>
 <indexterm><primary><quote>if value, then right</quote> theory</primary></indexterm>
 <para>
 <emphasis role='strong'>If <quote>piracy</quote> means</emphasis>


@@ -2861,10 +2984,10 @@ 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


@@ -2889,6 +3012,9 @@ 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


@@ -2914,9 +3040,6 @@ 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>


@@ -2948,11 +3071,12 @@ Edison's creative property.
 </section>
 <section id="recordedmusic">
 <title>Recorded Music</title>
 </section>
 <section id="recordedmusic">
 <title>Recorded Music</title>

+<indexterm id='idxcopyrightlawonmusicrecordings' class='startofrange'><primary>copyright law</primary><secondary>on music recordings</secondary></indexterm>

 <para>
 The record industry was born of another kind of piracy, though to see
 how requires a bit of detail about the way the law regulates music.
 </para>
 <para>
 The record industry was born of another kind of piracy, though to see
 how requires a bit of detail about the way the law regulates music.
 </para>

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


@@ -2983,7 +3107,7 @@ then made copies of those recordings.  Because of this gap in the law,
 then, I could effectively pirate someone else's song without paying
 its composer anything.
 </para>
 then, I could effectively pirate someone else's song without paying
 its composer anything.
 </para>

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

 <para>
 The composers (and publishers) were none too happy about
 <!-- PAGE BREAK 69 -->
 <para>
 The composers (and publishers) were none too happy about
 <!-- PAGE BREAK 69 -->


@@ -3001,7 +3125,7 @@ composer and publisher without any regard for [their]
 rights.<footnote><para>
 <!-- f4 -->
 To Amend and Consolidate the Acts Respecting Copyright: Hearings on
 rights.<footnote><para>
 <!-- f4 -->
 To Amend and Consolidate the Acts Respecting Copyright: Hearings on

-S. 6330 and H.R. 19853 Before the ( Joint) Committees on Patents, 59th
+S. 6330 and H.R. 19853 Before the (Joint) Committees on Patents, 59th

 Cong. 59, 1st sess. (1906) (statement of Senator Alfred B. Kittredge,
 of South Dakota, chairman), reprinted in <citetitle>Legislative History of the
 Copyright Act</citetitle>, E. Fulton Brylawski and Abe Goldman, eds. (South
 Cong. 59, 1st sess. (1906) (statement of Senator Alfred B. Kittredge,
 of South Dakota, chairman), reprinted in <citetitle>Legislative History of the
 Copyright Act</citetitle>, E. Fulton Brylawski and Abe Goldman, eds. (South


@@ -3033,6 +3157,13 @@ 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>
+<indexterm id='idxcongressusoncopyrightlaws' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressusonrecordingindustry' class='startofrange'><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxcopyrightlawstatutorylicensesin' class='startofrange'><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>
+<indexterm id='idxrecordingindustrystatutorylicensesystemin' class='startofrange'><primary>recording industry</primary><secondary>statutory license system in</secondary></indexterm>

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


@@ -3057,8 +3188,8 @@ 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>

+<indexterm><primary>cover songs</primary></indexterm>

 <para>
 The law soon resolved this battle in favor of the composer
 <emphasis>and</emphasis> the recording artist. Congress amended the
 <para>
 The law soon resolved this battle in favor of the composer
 <emphasis>and</emphasis> the recording artist. Congress amended the


@@ -3074,6 +3205,8 @@ copyright law that makes cover songs possible. Once a composer
 authorizes a recording of his song, others are free to record the same
 song, so long as they pay the original composer a fee set by the law.
 </para>
 authorizes a recording of his song, others are free to record the same
 song, so long as they pay the original composer a fee set by the law.
 </para>

+<indexterm id='idxcompulsorylicense' class='startofrange'><primary>compulsory license</primary></indexterm>
+<indexterm id='idxstatutorylicenses' class='startofrange'><primary>statutory licenses</primary></indexterm>

 <para>
 American law ordinarily calls this a <quote>compulsory license,</quote> but I will
 refer to it as a <quote>statutory license.</quote> A statutory license is a license
 <para>
 American law ordinarily calls this a <quote>compulsory license,</quote> but I will
 refer to it as a <quote>statutory license.</quote> A statutory license is a license


@@ -3082,6 +3215,7 @@ Copyright Act in 1909, record companies were free to distribute copies
 of recordings so long as they paid the composer (or copyright holder)
 the fee set by the statute.
 </para>
 of recordings so long as they paid the composer (or copyright holder)
 the fee set by the statute.
 </para>

+<indexterm id='idxgrishamjohn' class='startofrange'><primary>Grisham, John</primary></indexterm>

 <para>
 This is an exception within the law of copyright. When John Grisham
 writes a novel, a publisher is free to publish that novel only if
 <para>
 This is an exception within the law of copyright. When John Grisham
 writes a novel, a publisher is free to publish that novel only if


@@ -3090,8 +3224,9 @@ charge whatever he wants for that permission. The price to publish
 Grisham is thus set by Grisham, and copyright law ordinarily says you
 have no permission to use Grisham's work except with permission of
 Grisham.
 Grisham is thus set by Grisham, and copyright law ordinarily says you
 have no permission to use Grisham's work except with permission of
 Grisham.

-<indexterm><primary>Grisham, John</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcopyrightlawonmusicrecordings' class='endofrange'/>
+<indexterm><primary>Beatles</primary></indexterm>

 <para>
 But the law governing recordings gives recording artists less. And
 thus, in effect, the law <emphasis>subsidizes</emphasis> the recording
 <para>
 But the law governing recordings gives recording artists less. And
 thus, in effect, the law <emphasis>subsidizes</emphasis> the recording


@@ -3108,13 +3243,15 @@ creativity.<footnote><para>
 
 <!-- f10 -->
 Copyright Law Revision: Hearings on S. 2499, S. 2900, H.R. 243, and
 
 <!-- f10 -->
 Copyright Law Revision: Hearings on S. 2499, S. 2900, H.R. 243, and

-H.R. 11794 Before the ( Joint) Committee on Patents, 60th Cong., 1st
+H.R. 11794 Before the (Joint) Committee on Patents, 60th Cong., 1st

 sess., 217 (1908) (statement of Senator Reed Smoot, chairman), reprinted
 in <citetitle>Legislative History of the 1909 Copyright Act</citetitle>, E. Fulton Brylawski and
 Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976).
 </para></footnote>
 sess., 217 (1908) (statement of Senator Reed Smoot, chairman), reprinted
 in <citetitle>Legislative History of the 1909 Copyright Act</citetitle>, E. Fulton Brylawski and
 Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976).
 </para></footnote>

-<indexterm><primary>Beatles</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws' class='endofrange'/>
+<indexterm startref='idxcongressusonrecordingindustry' class='endofrange'/>
+<indexterm startref='idxgrishamjohn' class='endofrange'/>

 <para>
 While the recording industry has been quite coy about this recently,
 historically it has been quite a supporter of the statutory license for
 <para>
 While the recording industry has been quite coy about this recently,
 historically it has been quite a supporter of the statutory license for


@@ -3144,6 +3281,10 @@ March 1967). I am grateful to Glenn Brown for drawing my attention to
 this report.</para></footnote>
 </para>
 </blockquote>
 this report.</para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxcopyrightlawstatutorylicensesin' class='endofrange'/>
+<indexterm startref='idxrecordingindustrystatutorylicensesystemin' class='endofrange'/>
+<indexterm startref='idxcompulsorylicense' class='endofrange'/>
+<indexterm startref='idxstatutorylicenses' class='endofrange'/>

 <para>
 By limiting the rights musicians have, by partially pirating their
 creative work, the record producers, and the public, benefit.
 <para>
 By limiting the rights musicians have, by partially pirating their
 creative work, the record producers, and the public, benefit.


@@ -3151,7 +3292,8 @@ 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='idxrecordingindustryradiobroadcastand' class='startofrange'><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm id='idxartistsrecordingindustrypaymentsto' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

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


@@ -3198,7 +3340,7 @@ 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


@@ -3215,7 +3357,8 @@ the sale of her CDs. The public performance of her recording is not a
 <emphasis>pirate</emphasis> the value of Madonna's work without paying
 her anything.
 </para>
 <emphasis>pirate</emphasis> the value of Madonna's work without paying
 her anything.
 </para>

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

 <para>
 No doubt, one might argue that, on balance, the recording artists
 benefit. On average, the promotion they get is worth more than the
 <para>
 No doubt, one might argue that, on balance, the recording artists
 benefit. On average, the promotion they get is worth more than the


@@ -3224,11 +3367,11 @@ ordinarily gives the creator the right to make this choice. By making
 the choice for him or her, the law gives the radio station the right
 to take something for nothing.
 </para>
 the choice for him or her, the law gives the radio station the right
 to take something for nothing.
 </para>

-<indexterm startref='idxartistspayments1' class='endofrange'/>
+<indexterm startref='idxrecordingindustryradiobroadcastand' class='endofrange'/>

 </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='idxcabletelevision' 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>


@@ -3345,7 +3488,8 @@ exercise veto power over the emerging technologies of cable. Cable
 companies thus built their empire in part upon a <quote>piracy</quote> of the value
 created by broadcasters' content.
 </para>
 companies thus built their empire in part upon a <quote>piracy</quote> of the value
 created by broadcasters' content.
 </para>

-<indexterm startref='idxcabletv1' class='endofrange'/>
+<indexterm startref='idxpiracyindevelopmentofcontentindustry' class='endofrange'/>
+<indexterm startref='idxcabletelevision' class='endofrange'/>

 <para>
 <emphasis role='strong'>These separate stories</emphasis> sing a
 common theme. If <quote>piracy</quote> means using value from someone
 <para>
 <emphasis role='strong'>These separate stories</emphasis> sing a
 common theme. If <quote>piracy</quote> means using value from someone


@@ -3437,7 +3581,7 @@ 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.


@@ -3521,6 +3665,14 @@ 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>


@@ -3533,11 +3685,8 @@ 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


@@ -3546,6 +3695,10 @@ 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


@@ -3558,10 +3711,6 @@ 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 -->


@@ -3615,8 +3764,10 @@ and how much p2p sharing harms before we know how strongly the
 law should seek to either prevent it or find an alternative to assure the
 author of his profit.
 </para>
 law should seek to either prevent it or find an alternative to assure the
 author of his profit.
 </para>

-<indexterm><primary>innovation</primary></indexterm>

 <para>
 <para>

+<indexterm><primary>Fanning, Shawn</primary></indexterm>
+<indexterm><primary>innovation</primary></indexterm>
+<indexterm id='idxnapster' class='startofrange'><primary>Napster</primary></indexterm>

 Peer-to-peer sharing was made famous by Napster. But the inventors of
 the Napster technology had not made any major technological
 innovations.  Like every great advance in innovation on the Internet
 Peer-to-peer sharing was made famous by Napster. But the inventors of
 the Napster technology had not made any major technological
 innovations.  Like every great advance in innovation on the Internet


@@ -3635,9 +3786,11 @@ Christensen's ideas, see Lawrence Lessig, <citetitle>Future</citetitle>, 89&ndas
 <indexterm><primary>Christensen, Clayton M.</primary></indexterm>
 </para></footnote>), Shawn Fanning and crew had simply
 put together components that had been developed independently.
 <indexterm><primary>Christensen, Clayton M.</primary></indexterm>
 </para></footnote>), Shawn Fanning and crew had simply
 put together components that had been developed independently.

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

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

+<indexterm><primary>Kazaa</primary></indexterm>
+<indexterm><primary>Napster</primary><secondary>number of registrations on</secondary></indexterm>
+<indexterm><primary>Napster</primary><secondary>replacement of</secondary></indexterm>

 The result was spontaneous combustion. Launched in July 1999,
 Napster amassed over 10 million users within nine months. After
 eighteen months, there were close to 80 million registered users of the
 The result was spontaneous combustion. Launched in July 1999,
 Napster amassed over 10 million users within nine months. After
 eighteen months, there were close to 80 million registered users of the


@@ -3658,6 +3811,7 @@ users to make content available to any number of other users. With a
 p2p system, you can share your favorite songs with your best friend&mdash;
 or your 20,000 best friends.
 </para>
 p2p system, you can share your favorite songs with your best friend&mdash;
 or your 20,000 best friends.
 </para>

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

 <para>
 According to a number of estimates, a huge proportion of Americans
 have tasted file-sharing technology. A study by Ipsos-Insight in
 <para>
 According to a number of estimates, a huge proportion of Americans
 have tasted file-sharing technology. A study by Ipsos-Insight in


@@ -3697,7 +3851,9 @@ 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


@@ -3706,7 +3862,6 @@ 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. -->


@@ -3797,6 +3952,7 @@ 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


@@ -3962,8 +4118,9 @@ money from the content they sell; but as with cable companies before
 statutory licensing, they don't have to pay the copyright owner for
 the content they sell.
 </para>
 statutory licensing, they don't have to pay the copyright owner for
 the content they sell.
 </para>

-<indexterm><primary>Bernstein, Leonard</primary></indexterm>

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

+<indexterm><primary>Bernstein, Leonard</primary></indexterm>
+<indexterm id='idxinternetbookson' class='startofrange'><primary>Internet</primary><secondary>books on</secondary></indexterm>

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


@@ -3986,6 +4143,8 @@ 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>
 shut as well?
 </para>
 <indexterm id='idxbooksfreeonline1' class='startofrange'><primary>books</primary><secondary>free on-line releases of</secondary></indexterm>

+<indexterm><primary>Doctorow, Cory</primary></indexterm>
+<indexterm><primary>Down and Out in the Magic Kingdom (Doctorow)</primary></indexterm>

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


@@ -4017,6 +4176,7 @@ understandably says, <quote>This is how much we've lost,</quote> we must also as
 efficiencies?  What is the content that otherwise would be
 unavailable?</quote>
 </para>
 efficiencies?  What is the content that otherwise would be
 unavailable?</quote>
 </para>

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

 <para>
 For unlike the piracy I described in the first section of this
 chapter, much of the <quote>piracy</quote> that file sharing enables is plainly
 <para>
 For unlike the piracy I described in the first section of this
 chapter, much of the <quote>piracy</quote> that file sharing enables is plainly


@@ -4036,14 +4196,13 @@ found only with time.
 just what you call type A sharing?</quote>
 </para>
 <para>
 just what you call type A sharing?</quote>
 </para>
 <para>

-You would think. And we should hope. But so far, it is not. The 
-               effect
+You would think. And we should hope. But so far, it is not. The effect

 of the war purportedly on type A sharing alone has been felt far
 of the war purportedly on type A sharing alone has been felt far

-beyond that one class of sharing. That much is obvious from the 
-               Napster
-case itself. When Napster told the district court that it had 
-               developed
-a technology to block the transfer of 99.4 percent of identified
+beyond that one class of sharing. That much is obvious from the
+Napster case itself. When Napster told the district court that it had
+developed a technology to block the transfer of 99.4 percent of
+identified
+

 <!-- PAGE BREAK 87 -->
 infringing material, the district court told counsel for Napster 99.4
 percent was not good enough. Napster had to push the infringements
 <!-- PAGE BREAK 87 -->
 infringing material, the district court told counsel for Napster 99.4
 percent was not good enough. Napster had to push the infringements


@@ -4080,6 +4239,17 @@ 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>
 this has meant more rights for creators. Sometimes less.
 </para>
 <indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>

+<indexterm><primary>composers, copyright protections of</primary></indexterm>
+<indexterm id='idxcongressusoncopyrightlaws2' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressusonrecordingindustry2' class='startofrange'><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxcopyrightlawonmusicrecordings2' class='startofrange'><primary>copyright law</primary><secondary>on music recordings</secondary></indexterm>
+<indexterm id='idxcopyrightlawstatutorylicensesin2' class='startofrange'><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>
+<indexterm><primary>radio</primary><secondary>music recordings played on</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>copyright protections in</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm><primary>statutory licenses</primary></indexterm>
+<indexterm><primary>composer's rights vs. producers' rights in</primary></indexterm>

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


@@ -4101,6 +4271,7 @@ compensation, but at a level set by the law. It likewise gave cable
 companies the right to the content, so long as they paid the statutory
 price.
 </para>
 companies the right to the content, so long as they paid the statutory
 price.
 </para>

+<indexterm startref='idxcongressusonrecordingindustry2' class='endofrange'/>

 <para>
 
 <!-- PAGE BREAK 88 -->
 <para>
 
 <!-- PAGE BREAK 88 -->


@@ -4119,8 +4290,10 @@ Congress chose a path that would assure
 <emphasis>compensation</emphasis> without giving the past
 (broadcasters) control over the future (cable).
 </para>
 <emphasis>compensation</emphasis> without giving the past
 (broadcasters) control over the future (cable).
 </para>

+<indexterm startref='idxcopyrightlawonmusicrecordings2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawstatutorylicensesin2' class='endofrange'/>

 <indexterm startref='idxcabletv2' class='endofrange'/>
 <indexterm startref='idxcabletv2' class='endofrange'/>

-<indexterm><primary>Betamax</primary></indexterm>
+<indexterm id='idxbetamax' class='startofrange'><primary>Betamax</primary></indexterm>

 <indexterm id='idxcassettevcrs1' class='startofrange'><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
 <para>
 In the same year that Congress struck this balance, two major
 <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


@@ -4135,6 +4308,7 @@ and shows. Sony was therefore benefiting from the copyright
 infringement of its customers. It should therefore, Disney and
 Universal claimed, be partially liable for that infringement.
 </para>
 infringement of its customers. It should therefore, Disney and
 Universal claimed, be partially liable for that infringement.
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws2' class='endofrange'/>

 <para>
 There was something to Disney's and Universal's claim. Sony did
 decide to design its machine to make it very simple to record television
 <para>
 There was something to Disney's and Universal's claim. Sony did
 decide to design its machine to make it very simple to record television


@@ -4150,6 +4324,8 @@ system to minimize the opportunity for copyright infringement. It did
 not, and for that, Disney and Universal wanted to hold it responsible
 for the architecture it chose.
 </para>
 not, and for that, Disney and Universal wanted to hold it responsible
 for the architecture it chose.
 </para>

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

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


@@ -4172,7 +4348,7 @@ and plain common sense.</quote><footnote><para>
 <!-- f19 -->
 Copyright Infringements (Audio and Video Recorders), 475.
 </para></footnote>
 <!-- f19 -->
 Copyright Infringements (Audio and Video Recorders), 475.
 </para></footnote>

-Indeed, as surveys would later show,
+Indeed, as surveys would later show, 45

 percent of VCR owners had movie libraries of ten videos or more<footnote><para>
 <!-- f20 -->
 <citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony Corp. of America</citetitle>, 480 F. Supp. 429,
 percent of VCR owners had movie libraries of ten videos or more<footnote><para>
 <!-- f20 -->
 <citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony Corp. of America</citetitle>, 480 F. Supp. 429,


@@ -4180,8 +4356,8 @@ percent of VCR owners had movie libraries of ten videos or more<footnote><para>
 </para></footnote>
 &mdash; a use the Court would later hold was not <quote>fair.</quote> By
 <quote>allowing VCR owners to copy freely by the means of an exemption from
 </para></footnote>
 &mdash; a use the Court would later hold was not <quote>fair.</quote> By
 <quote>allowing VCR owners to copy freely by the means of an exemption from

-copyright infringementwithout creating a mechanism to compensate
-copyrightowners,</quote> Valenti testified, Congress would <quote>take from the
+copyright infringement without creating a mechanism to compensate
+copyright owners,</quote> Valenti testified, Congress would <quote>take from the

 owners the very essence of their property: the exclusive right to
 control who may use their work, that is, who may copy it and thereby
 profit from its reproduction.</quote><footnote><para>
 owners the very essence of their property: the exclusive right to
 control who may use their work, that is, who may copy it and thereby
 profit from its reproduction.</quote><footnote><para>


@@ -4190,6 +4366,7 @@ Copyright Infringements (Audio and Video Recorders), 485 (testimony
 of Jack Valenti).
 </para></footnote>
 </para>
 of Jack Valenti).
 </para></footnote>
 </para>

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

 <para>
 It took eight years for this case to be resolved by the Supreme
 Court. In the interim, the Ninth Circuit Court of Appeals, which
 <para>
 It took eight years for this case to be resolved by the Supreme
 Court. In the interim, the Ninth Circuit Court of Appeals, which


@@ -4232,6 +4409,7 @@ by such new technology.<footnote><para>
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

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

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


@@ -4312,6 +4490,7 @@ 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


@@ -4324,6 +4503,7 @@ to $15 million in damages? Would it have been better if Edison had
 controlled film? Should every cover band have to hire a lawyer to get
 permission to record a song?
 </para>
 controlled film? Should every cover band have to hire a lawyer to get
 permission to record a song?
 </para>

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

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


@@ -4414,6 +4594,7 @@ table in the backyard&mdash;by, for example, going to Sears, buying a
 table, and putting it in my backyard? What is the thing I am taking
 then?
 </para>
 table, and putting it in my backyard? What is the thing I am taking
 then?
 </para>

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

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


@@ -4433,6 +4614,7 @@ Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in
 Ellery Bergh, eds., 1903), 330, 333&ndash;34.
 </para></footnote>
 </para>
 Ellery Bergh, eds., 1903), 330, 333&ndash;34.
 </para></footnote>
 </para>

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

 <para>
 The exceptions to free use are ideas and expressions within the
 reach of the law of patent and copyright, and a few other domains that
 <para>
 The exceptions to free use are ideas and expressions within the
 reach of the law of patent and copyright, and a few other domains that


@@ -4471,9 +4653,15 @@ from the implications that the copyright warriors would have us draw.
 <!-- PAGE BREAK 96 -->
 <chapter label="6" id="founders">
 <title>CHAPTER SIX: Founders</title>
 <!-- PAGE BREAK 96 -->
 <chapter label="6" id="founders">
 <title>CHAPTER SIX: Founders</title>

-<indexterm><primary>Henry V</primary></indexterm>
+<indexterm id='idxbooksenglishcopyrightlawdevelopedfor' class='startofrange'><primary>books</primary><secondary>English copyright law developed for</secondary></indexterm>
+<indexterm id='idxcopyrightlawdevelopmentof' class='startofrange'><primary>copyright law</primary><secondary>development of</secondary></indexterm>
+<indexterm id='idxcopyrightlawenglish' class='startofrange'><primary>copyright law</primary><secondary>English</secondary></indexterm>
+<indexterm id='idxenglandcopyrightlawsdevelopedin' class='startofrange'><primary>England, copyright laws developed in</primary></indexterm>
+<indexterm id='idxunitedkingdomhistoryofcopyrightlawin' class='startofrange'><primary>United Kingdom</primary><secondary>history of copyright law in</secondary></indexterm>

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

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

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


@@ -4486,6 +4674,8 @@ once overheard someone commenting on Kenneth Branagh's adaptation of
 Henry V: <quote>I liked it, but Shakespeare is so full of
 clichés.</quote>
 </para>
 Henry V: <quote>I liked it, but Shakespeare is so full of
 clichés.</quote>
 </para>

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

 <para>
 In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was written, the
 <quote>copy-right</quote> for the work was still thought by many to be the exclusive
 <para>
 In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was written, the
 <quote>copy-right</quote> for the work was still thought by many to be the exclusive


@@ -4516,7 +4706,10 @@ 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><primary>British Parliament</primary></indexterm>
+<indexterm id='idxcopyrightdurationof2' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>renewability of</secondary></indexterm>
+<indexterm><primary>Statute of Anne (1710)</primary></indexterm>

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


@@ -4527,13 +4720,18 @@ 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 startref='idxromeoandjulietshakespeare' class='endofrange'/>
+<indexterm startref='idxtonsonjacob' class='endofrange'/>
+<indexterm id='idxlawcommonvspositive' class='startofrange'><primary>law</primary><secondary>common vs. positive</secondary></indexterm>
+<indexterm><primary>positive law</primary></indexterm>
+<indexterm><primary>Licensing Act (1662)</primary></indexterm>

 <para>
 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


@@ -4544,8 +4742,9 @@ 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>

+<indexterm startref='idxcopyrightdurationof2' class='endofrange'/>
+<indexterm><primary>common law</primary></indexterm>

 <para>
 There was no <emphasis>positive</emphasis> law, but that didn't mean
 that there was no law. The Anglo-American legal tradition looks to
 <para>
 There was no <emphasis>positive</emphasis> law, but that didn't mean
 that there was no law. The Anglo-American legal tradition looks to


@@ -4558,6 +4757,11 @@ background only if it passes a law to displace it. And so the real
 question after the licensing statutes had expired was whether the
 common law protected a copyright, independent of any positive law.
 </para>
 question after the licensing statutes had expired was whether the
 common law protected a copyright, independent of any positive law.
 </para>

+<indexterm startref='idxlawcommonvspositive' class='endofrange'/>
+<indexterm><primary>Conger</primary></indexterm>
+<indexterm id='idxbritishparliament' class='startofrange'><primary>British Parliament</primary></indexterm>
+<indexterm><primary>Scottish publishers</primary></indexterm>
+<indexterm id='idxstatuteofanne' class='startofrange'><primary>Statute of Anne (1710)</primary></indexterm>

 <para>
 This question was important to the publishers, or <quote>booksellers,</quote> as
 they were called, because there was growing competition from foreign
 <para>
 This question was important to the publishers, or <quote>booksellers,</quote> as
 they were called, because there was growing competition from foreign


@@ -4570,6 +4774,7 @@ to again give them exclusive control over publishing. That demand
                ultimately
 resulted in the Statute of Anne.
 </para>
                ultimately
 resulted in the Statute of Anne.
 </para>

+<indexterm id='idxcopyrightasnarrowmonopolyright' class='startofrange'><primary>copyright</primary><secondary>as narrow monopoly right</secondary></indexterm>

 <para>
 The Statute of Anne granted the author or <quote>proprietor</quote> of a book an
 exclusive right to print that book. In an important limitation,
 <para>
 The Statute of Anne granted the author or <quote>proprietor</quote> of a book an
 exclusive right to print that book. In an important limitation,


@@ -4579,12 +4784,16 @@ copyright <quote>expired,</quote> and the work would then be free and could be
 published by anyone. Or so the legislature is thought to have
 believed.
 </para>
 published by anyone. Or so the legislature is thought to have
 believed.
 </para>

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

 <para>
 Now, the thing to puzzle about for a moment is this: Why would
 Parliament limit the exclusive right? Not why would they limit it to
 the particular limit they set, but why would they limit the right
 <emphasis>at all?</emphasis>
 </para>
 <para>
 Now, the thing to puzzle about for a moment is this: Why would
 Parliament limit the exclusive right? Not why would they limit it to
 the particular limit they set, but why would they limit the right
 <emphasis>at all?</emphasis>
 </para>

+<indexterm startref='idxbritishparliament' class='endofrange'/>
+<indexterm><primary>Shakespeare, William</primary></indexterm>
+<indexterm><primary>Romeo and Juliet (Shakespeare)</primary></indexterm>

 <para>
 For the booksellers, and the authors whom they represented, had a very
 strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: That play
 <para>
 For the booksellers, and the authors whom they represented, had a very
 strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: That play


@@ -4596,12 +4805,14 @@ why is it that the law would ever allow someone else to come along and
 take Shakespeare's play without his, or his estate's, permission? What
 reason is there to allow someone else to <quote>steal</quote> Shakespeare's work?
 </para>
 take Shakespeare's play without his, or his estate's, permission? What
 reason is there to allow someone else to <quote>steal</quote> Shakespeare's work?
 </para>

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

 <para>
 The answer comes in two parts. We first need to see something special
 about the notion of <quote>copyright</quote> that existed at the time of the
 Statute of Anne. Second, we have to see something important about
 <quote>booksellers.</quote>
 </para>
 <para>
 The answer comes in two parts. We first need to see something special
 about the notion of <quote>copyright</quote> that existed at the time of the
 Statute of Anne. Second, we have to see something important about
 <quote>booksellers.</quote>
 </para>

+<indexterm><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>

 <para>
 First, about copyright. In the last three hundred years, we have come
 to apply the concept of <quote>copyright</quote> ever more broadly. But in 1710, it
 <para>
 First, about copyright. In the last three hundred years, we have come
 to apply the concept of <quote>copyright</quote> ever more broadly. But in 1710, it


@@ -4618,6 +4829,7 @@ the author the exclusive right to copy, the exclusive right to
 distribute, the exclusive right to perform, and so on.
 </para>
 <indexterm><primary>Branagh, Kenneth</primary></indexterm>
 distribute, the exclusive right to perform, and so on.
 </para>
 <indexterm><primary>Branagh, Kenneth</primary></indexterm>

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

 <para>
 So, for example, even if the copyright to Shakespeare's works were
 perpetual, all that would have meant under the original meaning of the
 <para>
 So, for example, even if the copyright to Shakespeare's works were
 perpetual, all that would have meant under the original meaning of the


@@ -4629,6 +4841,7 @@ allowed to make his films. The <quote>copy-right</quote> was only an exclusive
 right to print&mdash;no less, of course, but also no more.
 </para>
 <indexterm><primary>Henry VIII, King of England</primary></indexterm>
 right to print&mdash;no less, of course, but also no more.
 </para>
 <indexterm><primary>Henry VIII, King of England</primary></indexterm>

+<indexterm id='idxmonopolycopyrightas' class='startofrange'><primary>monopoly, copyright as</primary></indexterm>

 <indexterm><primary>Statute of Monopolies (1656)</primary></indexterm>
 <para>
 Even that limited right was viewed with skepticism by the British.
 <indexterm><primary>Statute of Monopolies (1656)</primary></indexterm>
 <para>
 Even that limited right was viewed with skepticism by the British.


@@ -4652,7 +4865,10 @@ 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><primary>Milton, John</primary></indexterm>
+<indexterm id='idxbooksellersenglish' class='startofrange'><primary>booksellers, English</primary></indexterm>
+<indexterm><primary>Conger</primary></indexterm>
+<indexterm id='idxcopyrightdurationof3' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>

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


@@ -4673,6 +4889,8 @@ Philip Wittenberg, <citetitle>The Protection and Marketing of Literary
 Property</citetitle> (New York: J. Messner, Inc., 1937), 31.
 </para></footnote>
 </para>
 Property</citetitle> (New York: J. Messner, Inc., 1937), 31.
 </para></footnote>
 </para>

+<indexterm><primary>Enlightenment</primary></indexterm>
+<indexterm><primary>knowledge, freedom of</primary></indexterm>

 <para>
 Many believed the power the booksellers exercised over the spread of
 knowledge was harming that spread, just at the time the Enlightenment
 <para>
 Many believed the power the booksellers exercised over the spread of
 knowledge was harming that spread, just at the time the Enlightenment


@@ -4681,6 +4899,7 @@ generally. The idea that knowledge should be free was a hallmark of
 the time, and these powerful commercial interests were interfering
 with that idea.
 </para>
 the time, and these powerful commercial interests were interfering
 with that idea.
 </para>

+<indexterm id='idxbritishparliament2' class='startofrange'><primary>British Parliament</primary></indexterm>

 <para>
 To balance this power, Parliament decided to increase competition
 among booksellers, and the simplest way to do that was to spread the
 <para>
 To balance this power, Parliament decided to increase competition
 among booksellers, and the simplest way to do that was to spread the


@@ -4693,6 +4912,9 @@ to fight the power of the booksellers. The limitation on terms was
 an indirect way to assure competition among publishers, and thus the
 construction and spread of culture.
 </para>
 an indirect way to assure competition among publishers, and thus the
 construction and spread of culture.
 </para>

+<indexterm id='idxstatuteofanne2' class='startofrange'><primary>Statute of Anne (1710)
+</primary></indexterm>
+<indexterm id='idxcopyrightinperpetuity' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>

 <para>
 When 1731 (1710 + 21) came along, however, the booksellers were
 getting anxious. They saw the consequences of more competition, and
 <para>
 When 1731 (1710 + 21) came along, however, the booksellers were
 getting anxious. They saw the consequences of more competition, and


@@ -4728,6 +4950,11 @@ al., 8, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxstatuteofanne2' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity' class='endofrange'/>
+<indexterm><primary>common law</primary></indexterm>
+<indexterm><primary>law</primary><secondary>common vs. positive</secondary></indexterm>
+<indexterm><primary>positive law</primary></indexterm>

 <para>
 Having failed in Parliament, the publishers turned to the courts in a
 series of cases. Their argument was simple and direct: The Statute of
 <para>
 Having failed in Parliament, the publishers turned to the courts in a
 series of cases. Their argument was simple and direct: The Statute of


@@ -4743,6 +4970,7 @@ 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 startref='idxbritishparliament2' class='endofrange'/>

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


@@ -4750,14 +4978,18 @@ 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>
 </para></footnote>
 The bookseller didn't care squat for the rights of the author.  His
 concern was the monopoly profit that the author's work gave.
 </para>

+<indexterm id='idxdonaldsonalexander' class='startofrange'><primary>Donaldson, Alexander</primary></indexterm>
+<indexterm><primary>Patterson, Raymond</primary></indexterm>
+<indexterm id='idxscottishpublishers' class='startofrange'><primary>Scottish publishers</primary></indexterm>

 <para>
 The booksellers' argument was not accepted without a fight.
 The hero of this fight was a Scottish bookseller named Alexander
 <para>
 The booksellers' argument was not accepted without a fight.
 The hero of this fight was a Scottish bookseller named Alexander


@@ -4767,6 +4999,10 @@ For a compelling account, see David Saunders, <citetitle>Authorship and Copyrigh
 (London: Routledge, 1992), 62&ndash;69.
 </para></footnote>
 </para>
 (London: Routledge, 1992), 62&ndash;69.
 </para></footnote>
 </para>

+<indexterm id='idxstatuteofanne3' class='startofrange'><primary>Statute of Anne (1710)</primary></indexterm>
+<indexterm id='idxconger' class='startofrange'><primary>Conger</primary></indexterm>
+<indexterm><primary>Boswell, James</primary></indexterm>
+<indexterm><primary>Erskine, Andrew</primary></indexterm>

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


@@ -4786,9 +5022,8 @@ 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>

+<indexterm id='idxcommonlaw' class='startofrange'><primary>common law</primary></indexterm>

 <para>
 When the London booksellers tried to shut down Donaldson's shop in
 Scotland, he responded by moving his shop to London, where he sold
 <para>
 When the London booksellers tried to shut down Donaldson's shop in
 Scotland, he responded by moving his shop to London, where he sold


@@ -4796,6 +5031,7 @@ 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>


@@ -4803,11 +5039,18 @@ His books undercut the Conger prices by 30 to 50 percent, and he
 rested his right to compete upon the ground that, under the Statute of
 Anne, the works he was selling had passed out of protection.
 </para>
 rested his right to compete upon the ground that, under the Statute of
 Anne, the works he was selling had passed out of protection.
 </para>

+<indexterm startref='idxconger' class='endofrange'/>
+<indexterm id='idxmillarvtaylor' class='startofrange'><primary>Millar v. Taylor</primary></indexterm>

 <para>
 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>
 <para>
 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>

+<indexterm startref='idxdonaldsonalexander' class='endofrange'/>
+<indexterm startref='idxscottishpublishers' class='endofrange'/>
+<indexterm id='idxthomsonjames' class='startofrange'><primary>Thomson, James</primary></indexterm>
+<indexterm id='idxcopyrightinperpetuity2' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm><primary>Seasons, The (Thomson)</primary></indexterm>

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


@@ -4822,7 +5065,7 @@ 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


@@ -4834,6 +5077,10 @@ reprinting Thomson's poem without Millar's permission. That common law
 rule thus effectively gave the booksellers a perpetual right to
 control the publication of any book assigned to them.
 </para>
 rule thus effectively gave the booksellers a perpetual right to
 control the publication of any book assigned to them.
 </para>

+<indexterm startref='idxcommonlaw' class='endofrange'/>
+<indexterm startref='idxthomsonjames' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity2' class='endofrange'/>
+<indexterm id='idxbritishparliament3' class='startofrange'><primary>British Parliament</primary></indexterm>

 <para>
 Considered as a matter of abstract justice&mdash;reasoning as if
 justice were just a matter of logical deduction from first
 <para>
 Considered as a matter of abstract justice&mdash;reasoning as if
 justice were just a matter of logical deduction from first


@@ -4848,12 +5095,17 @@ a reasonable period of time. Within twenty-one years, Parliament
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>
 believed, Britain would mature from the controlled culture that the
 Crown coveted to the free culture that we inherited.
 </para>

-<indexterm startref="idxmansfield2" class='endofrange'/>
+<indexterm startref='idxmansfieldwilliammurraylord2' class='endofrange'/>
+<indexterm id='idxdonaldsonalexander2' class='startofrange'><primary>Donaldson, Alexander</primary></indexterm>
+<indexterm id='idxscottishpublishers2' class='startofrange'><primary>Scottish publishers</primary></indexterm>

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

+<indexterm><primary>Thomson, James</primary></indexterm>

 <indexterm><primary>Beckett, Thomas</primary></indexterm>
 <indexterm><primary>Beckett, Thomas</primary></indexterm>

+<indexterm id='idxhouseoflords' class='startofrange'><primary>House of Lords</primary></indexterm>
+<indexterm id='idxsupremecourtushouseoflordsvs' class='startofrange'><primary>Supreme Court, U.S.</primary><secondary>House of Lords vs.</secondary></indexterm>

 <para>
 Millar died soon after his victory, so his case was not appealed. His
 estate sold Thomson's poems to a syndicate of printers that included
 <para>
 Millar died soon after his victory, so his case was not appealed. His
 estate sold Thomson's poems to a syndicate of printers that included


@@ -4868,6 +5120,10 @@ the House of Lords, which functioned much like our own Supreme
 Court. In February of 1774, that body had the chance to interpret the
 meaning of Parliament's limits from sixty years before.
 </para>
 Court. In February of 1774, that body had the chance to interpret the
 meaning of Parliament's limits from sixty years before.
 </para>

+<indexterm startref='idxmillarvtaylor' class='endofrange'/>
+<indexterm startref='idxbritishparliament3' class='endofrange'/>
+<indexterm id='idxdonaldsonvbeckett' class='startofrange'><primary>Donaldson v. Beckett</primary></indexterm>
+<indexterm id='idxcommonlaw2' class='startofrange'><primary>common law</primary></indexterm>

 <para>
 As few legal cases ever do, <citetitle>Donaldson</citetitle> v. <citetitle>Beckett</citetitle> drew an
 enormous amount of attention throughout Britain. Donaldson's lawyers
 <para>
 As few legal cases ever do, <citetitle>Donaldson</citetitle> v. <citetitle>Beckett</citetitle> drew an
 enormous amount of attention throughout Britain. Donaldson's lawyers


@@ -4878,6 +5134,7 @@ publication came from that statute. Thus, they argued, after the term
 specified in the Statute of Anne expired, works that had been
 protected by the statute were no longer protected.
 </para>
 specified in the Statute of Anne expired, works that had been
 protected by the statute were no longer protected.
 </para>

+<indexterm startref='idxstatuteofanne3' class='endofrange'/>

 <para>
 The House of Lords was an odd institution. Legal questions were
 presented to the House and voted upon first by the <quote>law lords,</quote>
 <para>
 The House of Lords was an odd institution. Legal questions were
 presented to the House and voted upon first by the <quote>law lords,</quote>


@@ -4885,6 +5142,9 @@ members of special legal distinction who functioned much like the
 Justices in our Supreme Court. Then, after the law lords voted, the
 House of Lords generally voted.
 </para>
 Justices in our Supreme Court. Then, after the law lords voted, the
 House of Lords generally voted.
 </para>

+<indexterm startref='idxsupremecourtushouseoflordsvs' class='endofrange'/>
+<indexterm id='idxcopyrightinperpetuity3' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm id='idxpublicdomainenglishlegalestablishmentof' class='startofrange'><primary>public domain</primary><secondary>English legal establishment of</secondary></indexterm>

 <para>
 The reports about the law lords' votes are mixed. On some counts,
 it looks as if perpetual copyright prevailed. But there is no ambiguity
 <para>
 The reports about the law lords' votes are mixed. On some counts,
 it looks as if perpetual copyright prevailed. But there is no ambiguity


@@ -4895,6 +5155,11 @@ Whatever one's understanding of the common law, now a copyright was
 fixed for a limited time, after which the work protected by copyright
 passed into the public domain.
 </para>
 fixed for a limited time, after which the work protected by copyright
 passed into the public domain.
 </para>

+<indexterm><primary>Bacon, Francis</primary></indexterm>
+<indexterm><primary>Bunyan, John</primary></indexterm>
+<indexterm><primary>Johnson, Samuel</primary></indexterm>
+<indexterm><primary>Milton, John</primary></indexterm>
+<indexterm><primary>Shakespeare, William</primary></indexterm>

 <para>
 <quote>The public domain.</quote> Before the case of <citetitle>Donaldson</citetitle>
 v. <citetitle>Beckett</citetitle>, there was no clear idea of a public domain in
 <para>
 <quote>The public domain.</quote> Before the case of <citetitle>Donaldson</citetitle>
 v. <citetitle>Beckett</citetitle>, there was no clear idea of a public domain in


@@ -4904,12 +5169,13 @@ born. For the first time in Anglo-American history, the legal control
 over creative works expired, and the greatest works in English
 history&mdash;including those of Shakespeare, Bacon, Milton, Johnson,
 and Bunyan&mdash;were free of legal restraint.
 over creative works expired, and the greatest works in English
 history&mdash;including those of Shakespeare, Bacon, Milton, Johnson,
 and Bunyan&mdash;were free of legal restraint.

-<indexterm><primary>Bacon, Francis</primary></indexterm>
-<indexterm><primary>Bunyan, John</primary></indexterm>
-<indexterm><primary>Johnson, Samuel</primary></indexterm>
-<indexterm><primary>Milton, John</primary></indexterm>
-<indexterm><primary>Shakespeare, William</primary></indexterm>

 </para>
 </para>

+<indexterm startref='idxdonaldsonalexander2' class='endofrange'/>
+<indexterm startref='idxscottishpublishers2' class='endofrange'/>
+<indexterm startref='idxcommonlaw2' class='endofrange'/>
+<indexterm startref='idxcopyrightinperpetuity3' class='endofrange'/>
+<indexterm startref='idxpublicdomainenglishlegalestablishmentof' class='endofrange'/>
+<indexterm><primary>Scottish publishers</primary></indexterm>

 <para>
 It is hard for us to imagine, but this decision by the House of Lords
 fueled an extraordinarily popular and political reaction. In Scotland,
 <para>
 It is hard for us to imagine, but this decision by the House of Lords
 fueled an extraordinarily popular and political reaction. In Scotland,


@@ -4924,6 +5190,7 @@ and illuminations.</quote><footnote><para>
 Rose, 97.
 </para></footnote>
 </para>
 Rose, 97.
 </para></footnote>
 </para>

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

 <para>
 In London, however, at least among publishers, the reaction was
 equally strong in the opposite direction. The <citetitle>Morning Chronicle</citetitle>
 <para>
 In London, however, at least among publishers, the reaction was
 equally strong in the opposite direction. The <citetitle>Morning Chronicle</citetitle>


@@ -4944,6 +5211,8 @@ Ibid.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm><primary>House of Lords</primary></indexterm>
+<indexterm><primary>free culture</primary><secondary>English legal establishment of</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 105 -->
 <quote>Ruined</quote> is a bit of an exaggeration. But it is not an exaggeration to
 <para>
 <!-- PAGE BREAK 105 -->
 <quote>Ruined</quote> is a bit of an exaggeration. But it is not an exaggeration to


@@ -4966,19 +5235,32 @@ context</emphasis>, not a context in which the choices about what
 culture is available to people and how they get access to it are made
 by the few despite the wishes of the many.
 </para>
 culture is available to people and how they get access to it are made
 by the few despite the wishes of the many.
 </para>

-<indexterm startref='idxbooksellers' class='endofrange'/>
+<indexterm startref='idxbooksellersenglish' class='endofrange'/>
+<indexterm><primary>British Parliament</primary></indexterm>

 <para>
 At least, this was the rule in a world where the Parliament is
 antimonopoly, resistant to the protectionist pleas of publishers. In a
 world where the Parliament is more pliant, free culture would be less
 protected.
 </para>
 <para>
 At least, this was the rule in a world where the Parliament is
 antimonopoly, resistant to the protectionist pleas of publishers. In a
 world where the Parliament is more pliant, free culture would be less
 protected.
 </para>

-<indexterm startref='idxbritishparliament' class='endofrange'/>
-<indexterm startref='idxbooksenglishlaw' class='endofrange'/>
+<indexterm startref='idxbooksenglishcopyrightlawdevelopedfor' class='endofrange'/>
+<indexterm startref='idxcopyrightlawdevelopmentof' class='endofrange'/>
+<indexterm startref='idxcopyrightlawenglish' class='endofrange'/>
+<indexterm startref='idxenglandcopyrightlawsdevelopedin' class='endofrange'/>
+<indexterm startref='idxunitedkingdomhistoryofcopyrightlawin' class='endofrange'/>
+<indexterm startref='idxcopyrightasnarrowmonopolyright' class='endofrange'/>
+<indexterm startref='idxmonopolycopyrightas' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof3' class='endofrange'/>
+<indexterm startref='idxdonaldsonvbeckett' class='endofrange'/>

 <!-- PAGE BREAK 106 -->
 </chapter>
 <chapter label="7" id="recorders">
 <title>CHAPTER SEVEN: Recorders</title>
 <!-- PAGE BREAK 106 -->
 </chapter>
 <chapter label="7" id="recorders">
 <title>CHAPTER SEVEN: Recorders</title>

+<indexterm id='idxcopyrightlawfairuseand' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxdocumentaryfilm' class='startofrange'><primary>documentary film</primary></indexterm>
+<indexterm id='idxelsejon' class='startofrange'><primary>Else, Jon</primary></indexterm>
+<indexterm id='idxfairuseindocumentaryfilm' class='startofrange'><primary>fair use</primary><secondary>in documentary film</secondary></indexterm>
+<indexterm id='idxfilmsfairuseofcopyrightedmaterialin' class='startofrange'><primary>films</primary><secondary>fair use of copyrighted material in</secondary></indexterm>

 <para>
 <emphasis role='strong'>Jon Else</emphasis> is a filmmaker. He is best
 known for his documentaries and has been very successful in spreading
 <para>
 <emphasis role='strong'>Jon Else</emphasis> is a filmmaker. He is best
 known for his documentaries and has been very successful in spreading


@@ -4991,6 +5273,8 @@ Else worked on a documentary that I was involved in. At a break,
 he told me a story about the freedom to create with film in America
 today.
 </para>
 he told me a story about the freedom to create with film in America
 today.
 </para>

+<indexterm id='idxwagnerrichard' class='startofrange'><primary>Wagner, Richard</primary></indexterm>
+<indexterm><primary>San Francisco Opera</primary></indexterm>

 <para>
 In 1990, Else was working on a documentary about Wagner's Ring
 Cycle. The focus was stagehands at the San Francisco Opera.
 <para>
 In 1990, Else was working on a documentary about Wagner's Ring
 Cycle. The focus was stagehands at the San Francisco Opera.


@@ -4998,8 +5282,8 @@ Stagehands are a particularly funny and colorful element of an opera.
 During a show, they hang out below the stage in the grips' lounge and
 in the lighting loft. They make a perfect contrast to the art on the
 stage.
 During a show, they hang out below the stage in the grips' lounge and
 in the lighting loft. They make a perfect contrast to the art on the
 stage.

-<indexterm><primary>San Francisco Opera</primary></indexterm>

 </para>
 </para>

+<indexterm id='idxsimpsonsthe' class='startofrange'><primary>Simpsons, The</primary></indexterm>

 <para>
 During one of the performances, Else was shooting some stagehands
 playing checkers. In one corner of the room was a television set.
 <para>
 During one of the performances, Else was shooting some stagehands
 playing checkers. In one corner of the room was a television set.


@@ -5009,6 +5293,8 @@ and the opera company played Wagner, was <citetitle>The Simpsons</citetitle>. As
 it, this touch of cartoon helped capture the flavor of what was special
 about the scene.
 </para>
 it, this touch of cartoon helped capture the flavor of what was special
 about the scene.
 </para>

+<indexterm startref='idxwagnerrichard' class='endofrange'/>
+<indexterm><primary>films</primary><secondary>multiple copyrights associated with</secondary></indexterm>

 <para>
 Years later, when he finally got funding to complete the film, Else
 attempted to clear the rights for those few seconds of <citetitle>The Simpsons</citetitle>.
 <para>
 Years later, when he finally got funding to complete the film, Else
 attempted to clear the rights for those few seconds of <citetitle>The Simpsons</citetitle>.


@@ -5016,22 +5302,24 @@ 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 id='idxgraciefilms' class='startofrange'><primary>Gracie Films</primary></indexterm>
+<indexterm id='idxgroeningmatt' class='startofrange'><primary>Groening, Matt</primary></indexterm>

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

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

 </para>
 </para>

+<indexterm id='idxfoxfilmcompany' class='startofrange'><primary>Fox (film company)</primary></indexterm>

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

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

 </para>
 </para>

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

 <para>
 Then, as Else told me, <quote>two things happened. First we discovered
 &hellip; that Matt Groening doesn't own his own creation&mdash;or at
 <para>
 Then, as Else told me, <quote>two things happened. First we discovered
 &hellip; that Matt Groening doesn't own his own creation&mdash;or at


@@ -5040,7 +5328,9 @@ And second, Fox <quote>wanted ten thousand dollars as a licensing fee for us
 to use this four-point-five seconds of &hellip; entirely unsolicited
 <citetitle>Simpsons</citetitle> which was in the corner of the shot.</quote>
 </para>
 to use this four-point-five seconds of &hellip; entirely unsolicited
 <citetitle>Simpsons</citetitle> which was in the corner of the shot.</quote>
 </para>

-<indexterm><primary>Herrera, Rebecca</primary></indexterm>
+<indexterm startref='idxgroeningmatt' class='endofrange'/>
+<indexterm startref='idxfoxfilmcompany' class='endofrange'/>
+<indexterm id='idxherrerarebecca' class='startofrange'><primary>Herrera, Rebecca</primary></indexterm>

 <para>
 Else was certain there was a mistake. He worked his way up to someone
 he thought was a vice president for licensing, Rebecca Herrera.  He
 <para>
 Else was certain there was a mistake. He worked his way up to someone
 he thought was a vice president for licensing, Rebecca Herrera.  He


@@ -5049,6 +5339,7 @@ asking for your educational rate on this.</quote> That was the educational
 rate, Herrera told Else. A day or so later, Else called again to
 confirm what he had been told.
 </para>
 rate, Herrera told Else. A day or so later, Else called again to
 confirm what he had been told.
 </para>

+<indexterm><primary>Wagner, Richard</primary></indexterm>

 <para>
 <quote>I wanted to make sure I had my facts straight,</quote> he told me. <quote>Yes, you
 have your facts straight,</quote> she said. It would cost $10,000 to use the
 <para>
 <quote>I wanted to make sure I had my facts straight,</quote> he told me. <quote>Yes, you
 have your facts straight,</quote> she said. It would cost $10,000 to use the


@@ -5061,6 +5352,9 @@ 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 startref='idxherrerarebecca' class='endofrange'/>
+<indexterm><primary>San Francisco Opera</primary></indexterm>
+<indexterm><primary>Day After Trinity, The</primary></indexterm>

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


@@ -5068,9 +5362,9 @@ this reality was beyond the documentary filmmaker's budget. At the
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 <citetitle>The Day After Trinity</citetitle>, from ten years before.
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 <citetitle>The Day After Trinity</citetitle>, from ten years before.

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

 </para>
 </para>

+<indexterm id='idxfoxfilmcompany2' class='startofrange'><primary>Fox (film company)</primary></indexterm>
+<indexterm id='idxgroeningmatt2' class='startofrange'><primary>Groening, Matt</primary></indexterm>

 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the
 copyright to <citetitle>The Simpsons</citetitle>. That copyright is their property.  To use
 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the
 copyright to <citetitle>The Simpsons</citetitle>. That copyright is their property.  To use


@@ -5105,11 +5399,14 @@ Else's use of just 4.5 seconds of an indirect shot of a <citetitle>Simpsons</cit
 episode is clearly a fair use of <citetitle>The Simpsons</citetitle>&mdash;and fair use does
 not require the permission of anyone.
 </para>
 episode is clearly a fair use of <citetitle>The Simpsons</citetitle>&mdash;and fair use does
 not require the permission of anyone.
 </para>

+<indexterm startref='idxfoxfilmcompany2' class='endofrange'/>
+<indexterm startref='idxgroeningmatt2' class='endofrange'/>

 <para>
 <!-- PAGE BREAK 109 -->
 So I asked Else why he didn't just rely upon <quote>fair use.</quote> Here's his reply:
 </para>
 <blockquote>
 <para>
 <!-- PAGE BREAK 109 -->
 So I asked Else why he didn't just rely upon <quote>fair use.</quote> Here's his reply:
 </para>
 <blockquote>

+<indexterm id='idxfairuselegalintimidationtacticsagainst' class='startofrange'><primary>fair use</primary><secondary>legal intimidation tactics against</secondary></indexterm>

 <para>
 The <citetitle>Simpsons</citetitle> fiasco was for me a great lesson in the gulf between what
 lawyers find irrelevant in some abstract sense, and what is crushingly
 <para>
 The <citetitle>Simpsons</citetitle> fiasco was for me a great lesson in the gulf between what
 lawyers find irrelevant in some abstract sense, and what is crushingly


@@ -5119,7 +5416,9 @@ fair use</quote> in an absolute legal sense. But I couldn't rely on the
 concept in any concrete way. Here's why:
 </para>
 <orderedlist numeration="arabic">
 concept in any concrete way. Here's why:
 </para>
 <orderedlist numeration="arabic">

-<listitem><para>
+<listitem>
+<indexterm><primary>Errors and Omissions insurance</primary></indexterm>
+<para>

 <!-- 1. -->
 Before our films can be broadcast, the network requires that we buy
 Errors and Omissions insurance. The carriers require a detailed
 <!-- 1. -->
 Before our films can be broadcast, the network requires that we buy
 Errors and Omissions insurance. The carriers require a detailed


@@ -5128,6 +5427,9 @@ shot in the film. They take a dim view of <quote>fair use,</quote> and a claim o
 <quote>fair use</quote> can grind the application process to a halt.
 </para></listitem>
 <listitem>
 <quote>fair use</quote> can grind the application process to a halt.
 </para></listitem>
 <listitem>

+<indexterm id='idxfoxfilmcompany3' class='startofrange'><primary>Fox (film company)</primary></indexterm>
+<indexterm><primary>Groening, Matt</primary></indexterm>
+<indexterm><primary>Lucas, George</primary></indexterm>

 <indexterm><primary><citetitle>Star Wars</citetitle></primary></indexterm>
 <para>
 <!-- 2. -->
 <indexterm><primary><citetitle>Star Wars</citetitle></primary></indexterm>
 <para>
 <!-- 2. -->


@@ -5140,7 +5442,6 @@ 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. -->


@@ -5151,7 +5452,9 @@ life,</quote> regardless of the merits of my claim. He made clear that it
 would boil down to who had the bigger legal department and the deeper
 pockets, me or them.
 <!-- PAGE BREAK 110 -->
 would boil down to who had the bigger legal department and the deeper
 pockets, me or them.
 <!-- PAGE BREAK 110 -->

-</para></listitem>
+</para>
+<indexterm startref='idxfoxfilmcompany3' class='endofrange'/>
+</listitem>

 <listitem><para>
 <!-- 4. -->
 The question of fair use usually comes up at the end of the
 <listitem><para>
 <!-- 4. -->
 The question of fair use usually comes up at the end of the


@@ -5160,6 +5463,7 @@ money.
 </para></listitem>
 </orderedlist>
 </blockquote>
 </para></listitem>
 </orderedlist>
 </blockquote>

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

 <para>
 In theory, fair use means you need no permission. The theory therefore
 supports free culture and insulates against a permission culture.  But
 <para>
 In theory, fair use means you need no permission. The theory therefore
 supports free culture and insulates against a permission culture.  But


@@ -5175,6 +5479,12 @@ publishers' profits against the unfair competition of a pirate. It has
 matured into a sword that interferes with any use, transformative or
 not.
 </para>
 matured into a sword that interferes with any use, transformative or
 not.
 </para>

+<indexterm startref='idxcopyrightlawfairuseand' class='endofrange'/>
+<indexterm startref='idxdocumentaryfilm' class='endofrange'/>
+<indexterm startref='idxelsejon' class='endofrange'/>
+<indexterm startref='idxfairuseindocumentaryfilm' class='endofrange'/>
+<indexterm startref='idxfilmsfairuseofcopyrightedmaterialin' class='endofrange'/>
+<indexterm startref='idxfairuselegalintimidationtacticsagainst' class='endofrange'/>

 <!-- PAGE BREAK 111 -->
 </chapter>
 <chapter label="8" id="transformers">
 <!-- PAGE BREAK 111 -->
 </chapter>
 <chapter label="8" id="transformers">


@@ -5424,9 +5734,12 @@ room of over 250 well-entertained judges. Taking an ominous tone, he
 began his talk with a question: <quote>Do you know how many federal laws
 were just violated in this room?</quote>
 </para>
 began his talk with a question: <quote>Do you know how many federal laws
 were just violated in this room?</quote>
 </para>

-<indexterm><primary>Boies, David</primary></indexterm>
-<indexterm><primary>Alben, Alex</primary></indexterm>

 <para>
 <para>

+<indexterm><primary>Alben, Alex</primary></indexterm>
+<indexterm><primary>Boies, David</primary></indexterm>
+<indexterm><primary>Court of Appeals</primary><secondary>Ninth Circuit</secondary></indexterm>
+<indexterm><primary>Ninth Circuit Court of Appeals</primary></indexterm>
+<indexterm><primary>Napster</primary></indexterm>

 For of course, the two brilliantly talented creators who made this
 film hadn't done what Alben did. They hadn't spent a year clearing the
 rights to these clips; technically, what they had done violated the
 For of course, the two brilliantly talented creators who made this
 film hadn't done what Alben did. They hadn't spent a year clearing the
 rights to these clips; technically, what they had done violated the


@@ -5645,6 +5958,7 @@ billion pages, and it was growing at about a billion pages a month.
 <indexterm><primary>Vanderbilt University</primary></indexterm>
 <indexterm><primary>Way Back Machine</primary></indexterm>
 <indexterm><primary>libraries</primary><secondary>archival function of</secondary></indexterm>
 <indexterm><primary>Vanderbilt University</primary></indexterm>
 <indexterm><primary>Way Back Machine</primary></indexterm>
 <indexterm><primary>libraries</primary><secondary>archival function of</secondary></indexterm>

+<indexterm id='idxnewscoverage2' class='startofrange'><primary>news coverage</primary></indexterm>

 <para>
 The Way Back Machine is the largest archive of human knowledge in
 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


@@ -5709,7 +6023,7 @@ all&mdash;in the library archive of the film company.<footnote><para>
 Doug Herrick, <quote>Toward a National Film Collection: Motion Pictures at
 the Library of Congress,</quote> <citetitle>Film Library Quarterly</citetitle> 13 nos. 2&ndash;3
 (1980): 5; Anthony Slide, <citetitle>Nitrate Won't Wait: A History of Film
 Doug Herrick, <quote>Toward a National Film Collection: Motion Pictures at
 the Library of Congress,</quote> <citetitle>Film Library Quarterly</citetitle> 13 nos. 2&ndash;3
 (1980): 5; Anthony Slide, <citetitle>Nitrate Won't Wait: A History of Film

-Preservation in the United States</citetitle> ( Jefferson, N.C.: McFarland &amp;
+Preservation in the United States</citetitle> (Jefferson, N.C.: McFarland &amp;

 Co., 1992), 36.
 </para></footnote>
 </para>
 Co., 1992), 36.
 </para></footnote>
 </para>


@@ -5738,6 +6052,7 @@ events of that day.
 </para>
 <indexterm><primary>Movie Archive</primary></indexterm>
 <indexterm><primary>archive.org</primary><seealso>Internet Archive</seealso></indexterm>
 </para>
 <indexterm><primary>Movie Archive</primary></indexterm>
 <indexterm><primary>archive.org</primary><seealso>Internet Archive</seealso></indexterm>

+<indexterm startref='idxnewscoverage2' class='endofrange'/>

 <indexterm><primary>films</primary><secondary>archive of</secondary></indexterm>
 <indexterm><primary>Internet Archive</primary></indexterm>
 <indexterm><primary>Duck and Cover film</primary></indexterm>
 <indexterm><primary>films</primary><secondary>archive of</secondary></indexterm>
 <indexterm><primary>Internet Archive</primary></indexterm>
 <indexterm><primary>Duck and Cover film</primary></indexterm>


@@ -5870,6 +6185,7 @@ 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


@@ -5910,6 +6226,13 @@ 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


@@ -5921,13 +6244,6 @@ 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 -->


@@ -6088,6 +6404,7 @@ should be accorded the same rights as every other property-right
 owner. He is effectively arguing for a change in our Constitution
 itself.
 </para>
 owner. He is effectively arguing for a change in our Constitution
 itself.
 </para>

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

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


@@ -6108,6 +6425,8 @@ creative property be given the same rights as all other property? Why
 did they require that for creative property there must be a public
 domain?
 </para>
 did they require that for creative property there must be a public
 domain?
 </para>

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

 <para>
 To answer this question, we need to get some perspective on the
 history of these <quote>creative property</quote> rights, and the control that they
 <para>
 To answer this question, we need to get some perspective on the
 history of these <quote>creative property</quote> rights, and the control that they


@@ -6121,6 +6440,10 @@ ought to be. Not <emphasis>whether</emphasis> artists should be paid,
 but whether institutions designed to assure that artists get paid need
 also control how culture develops.
 </para>
 but whether institutions designed to assure that artists get paid need
 also control how culture develops.
 </para>

+<indexterm id='idxfreeculturefourmodalitiesofconstrainton' class='startofrange'><primary>free culture</primary><secondary>four modalities of constraint on</secondary></indexterm>
+<indexterm id='idxregulationfourmodalitiesof' class='startofrange'><primary>regulation</primary><secondary>four modalities of</secondary></indexterm>
+<indexterm id='idxcopyrightlawasexpostregulationmodality' class='startofrange'><primary>copyright law</primary><secondary>as ex post regulation modality</secondary></indexterm>
+<indexterm id='idxlawasconstraintmodality' class='startofrange'><primary>law</primary><secondary>as constraint modality</secondary></indexterm>

 <para>
 
 <!-- PAGE BREAK 132 -->
 <para>
 
 <!-- PAGE BREAK 132 -->


@@ -6134,8 +6457,9 @@ weaken the right or regulation. I represented it with this diagram:
 </para>
 <figure id="fig-1331">
 <title>How four different modalities of regulation interact to support or weaken the right or regulation.</title>
 </para>
 <figure id="fig-1331">
 <title>How four different modalities of regulation interact to support or weaken the right or regulation.</title>

-<graphic fileref="images/1331.png"></graphic>
+<graphic fileref="images/1331.svg" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<indexterm><primary>Madonna</primary></indexterm>

 <para>
 At the center of this picture is a regulated dot: the individual or
 group that is the target of regulation, or the holder of a right. (In
 <para>
 At the center of this picture is a regulated dot: the individual or
 group that is the target of regulation, or the holder of a right. (In


@@ -6165,7 +6489,7 @@ could easily be more harsh than many of the punishments imposed by the
 state. The mark of the difference is not the severity of the rule, but
 the source of the enforcement.
 </para>
 state. The mark of the difference is not the severity of the rule, but
 the source of the enforcement.
 </para>

-<indexterm><primary>market constraints</primary></indexterm>
+<indexterm id='idxmarketconstraints' class='startofrange'><primary>market constraints</primary></indexterm>

 <para>
 The market is a third type of constraint. Its constraint is effected
 through conditions: You can do X if you pay Y; you'll be paid M if you
 <para>
 The market is a third type of constraint. Its constraint is effected
 through conditions: You can do X if you pay Y; you'll be paid M if you


@@ -6192,6 +6516,10 @@ blocks your way, it is the law of gravity that enforces this
 constraint. If a $500 airplane ticket stands between you and a flight
 to New York, it is the market that enforces this constraint.
 </para>
 constraint. If a $500 airplane ticket stands between you and a flight
 to New York, it is the market that enforces this constraint.
 </para>

+<indexterm startref='idxcopyrightlawasexpostregulationmodality' class='endofrange'/>
+<indexterm startref='idxlawasconstraintmodality' class='endofrange'/>
+<indexterm startref='idxmarketconstraints' class='endofrange'/>
+<indexterm id='idxlawasconstraintmodality2' class='startofrange'><primary>law</primary><secondary>as constraint modality</secondary></indexterm>

 <para>
 
 <!-- PAGE BREAK 134 -->
 <para>
 
 <!-- PAGE BREAK 134 -->


@@ -6209,10 +6537,11 @@ be; my claim is not about comprehensiveness), these four are among the
 most significant, and any regulator (whether controlling or freeing)
 must consider how these four in particular interact.
 </para>
 most significant, and any regulator (whether controlling or freeing)
 must consider how these four in particular interact.
 </para>

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

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

+<indexterm id='idxdrivingspeedconstraintson' class='startofrange'><primary>driving speed, constraints on</primary></indexterm>
+<indexterm id='idxspeedingconstraintson' class='startofrange'><primary>speeding, constraints on</primary></indexterm>

 <para>
 So, for example, consider the <quote>freedom</quote> to drive a car at a high
 speed. That freedom is in part restricted by laws: speed limits that
 <para>
 So, for example, consider the <quote>freedom</quote> to drive a car at a high
 speed. That freedom is in part restricted by laws: speed limits that


@@ -6253,11 +6582,12 @@ strict&mdash;a federal requirement that states decrease the speed
 limit, for example&mdash;so as to decrease the attractiveness of fast
 driving.
 </para>
 limit, for example&mdash;so as to decrease the attractiveness of fast
 driving.
 </para>

-<indexterm startref="idxdrivespeed" class='endofrange'/>
-
+<indexterm startref='idxdrivingspeedconstraintson' class='endofrange'/>
+<indexterm startref='idxspeedingconstraintson' class='endofrange'/>

 <figure id="fig-1361">
 <title>Law has a special role in affecting the three.</title>
 <figure id="fig-1361">
 <title>Law has a special role in affecting the three.</title>

-<graphic fileref="images/1361.png"></graphic>
+<graphic fileref="images/1361.svg" align="center" width="50%"></graphic>
+

 </figure>
 <indexterm><primary>architecture, constraint effected through</primary></indexterm>
 <para>
 </figure>
 <indexterm><primary>architecture, constraint effected through</primary></indexterm>
 <para>


@@ -6304,8 +6634,10 @@ effective liberty that each of these groups might face.
 <indexterm><primary>market constraints</primary></indexterm>
 </para></footnote>
 </para>
 <indexterm><primary>market constraints</primary></indexterm>
 </para></footnote>
 </para>

+<indexterm startref='idxlawasconstraintmodality2' class='endofrange'/>

 <section id="hollywood">
 <title>Why Hollywood Is Right</title>
 <section id="hollywood">
 <title>Why Hollywood Is Right</title>

+<indexterm id='idxcopyrightfourregulatorymodalitieson' class='startofrange'><primary>copyright</primary><secondary>four regulatory modalities on</secondary></indexterm>

 <para>
 The most obvious point that this model reveals is just why, or just
 how, Hollywood is right. The copyright warriors have rallied Congress
 <para>
 The most obvious point that this model reveals is just why, or just
 how, Hollywood is right. The copyright warriors have rallied Congress


@@ -6318,10 +6650,12 @@ Internet:
 </para>
 <figure id="fig-1371">
 <title>Copyright's regulation before the Internet.</title>
 </para>
 <figure id="fig-1371">
 <title>Copyright's regulation before the Internet.</title>

-<graphic fileref="images/1331.png"></graphic>
+<graphic fileref="images/1331.svg" align="center" width="50%"></graphic>
+

 </figure>
 </figure>

-<indexterm><primary>market constraints</primary></indexterm>
-<indexterm><primary>norms, regulatory influence of</primary></indexterm>
+<indexterm id='idxarchitectureconstrainteffectedthrough' class='startofrange'><primary>architecture, constraint effected through</primary></indexterm>
+<indexterm><primary>law</primary><secondary>as constraint modality</secondary></indexterm>
+<indexterm id='idxnormsregulatoryinfluenceof2' class='startofrange'><primary>norms, regulatory influence of</primary></indexterm>

 <para>
 <!-- PAGE BREAK 136 -->
 There is balance between law, norms, market, and architecture. The law
 <para>
 <!-- PAGE BREAK 136 -->
 There is balance between law, norms, market, and architecture. The law


@@ -6335,6 +6669,10 @@ uses of copyrighted material may well be infringement, but the norms
 of our society (before the Internet, at least) had no problem with
 this form of infringement.
 </para>
 of our society (before the Internet, at least) had no problem with
 this form of infringement.
 </para>

+<indexterm id='idxinternetcopyrightregulatorybalancelostwith' class='startofrange'><primary>Internet</primary><secondary>copyright regulatory balance lost with</secondary></indexterm>
+<indexterm><primary>peer-to-peer (p2p) file sharing</primary><secondary>regulatory balance lost in</secondary></indexterm>
+<indexterm><primary>market constraints</primary></indexterm>
+<indexterm><primary>MP3s</primary></indexterm>

 <para>
 Enter the Internet, or, more precisely, technologies such as MP3s and
 p2p sharing. Now the constraint of architecture changes dramatically,
 <para>
 Enter the Internet, or, more precisely, technologies such as MP3s and
 p2p sharing. Now the constraint of architecture changes dramatically,


@@ -6343,6 +6681,9 @@ architecture relax the regulation of copyright, norms pile on. The
 happy balance (for the warriors, at least) of life before the Internet
 becomes an effective state of anarchy after the Internet.
 </para>
 happy balance (for the warriors, at least) of life before the Internet
 becomes an effective state of anarchy after the Internet.
 </para>

+<indexterm startref='idxarchitectureconstrainteffectedthrough' class='endofrange'/>
+<indexterm startref='idxnormsregulatoryinfluenceof2' class='endofrange'/>
+<indexterm><primary>technology</primary><secondary>established industries threatened by changes in</secondary></indexterm>

 <para>
 Thus the sense of, and justification for, the warriors' response.
 Technology has changed, the warriors say, and the effect of this
 <para>
 Thus the sense of, and justification for, the warriors' response.
 Technology has changed, the warriors say, and the effect of this


@@ -6355,8 +6696,11 @@ looting that results.
 </para>
 <figure id="fig-1381">
 <title>effective state of anarchy after the Internet.</title>
 </para>
 <figure id="fig-1381">
 <title>effective state of anarchy after the Internet.</title>

-<graphic fileref="images/1381.png"></graphic>
+<graphic fileref="images/1381.svg" align="center" width="50%"></graphic>
+

 </figure>
 </figure>

+<indexterm><primary>Commerce, U.S. Department of</primary></indexterm>
+<indexterm id='idxregulationasestablishmentprotectionism' class='startofrange'><primary>regulation</primary><secondary>as establishment protectionism</secondary></indexterm>

 <para>
 Neither this analysis nor the conclusions that follow are new to the
 warriors. Indeed, in a <quote>White Paper</quote> prepared by the Commerce
 <para>
 Neither this analysis nor the conclusions that follow are new to the
 warriors. Indeed, in a <quote>White Paper</quote> prepared by the Commerce


@@ -6369,6 +6713,9 @@ innovative marketing techniques, (3) technologists should push to
 develop code to protect copyrighted material, and (4) educators should
 educate kids to better protect copyright.
 </para>
 develop code to protect copyrighted material, and (4) educators should
 educate kids to better protect copyright.
 </para>

+<indexterm startref='idxfreeculturefourmodalitiesofconstrainton' class='endofrange'/>
+<indexterm startref='idxregulationfourmodalitiesof' class='endofrange'/>
+<indexterm><primary>farming</primary></indexterm>

 <indexterm><primary>steel industry</primary></indexterm>
 <para>
 This mixed strategy is just what copyright needed&mdash;if it was to
 <indexterm><primary>steel industry</primary></indexterm>
 <para>
 This mixed strategy is just what copyright needed&mdash;if it was to


@@ -6387,6 +6734,9 @@ to bail them out when a virus (architecture) devastates their
 crop. Unions have no hesitation appealing to the government to bail
 them out when imports (market) wipe out the U.S. steel industry.
 </para>
 crop. Unions have no hesitation appealing to the government to bail
 them out when imports (market) wipe out the U.S. steel industry.
 </para>

+<indexterm startref='idxcopyrightfourregulatorymodalitieson' class='endofrange'/>
+<indexterm startref='idxinternetcopyrightregulatorybalancelostwith' class='endofrange'/>
+<indexterm><primary>Brown, John Seely</primary></indexterm>

 <para>
 Thus, there's nothing wrong or surprising in the content industry's
 campaign to protect itself from the harmful consequences of a
 <para>
 Thus, there's nothing wrong or surprising in the content industry's
 campaign to protect itself from the harmful consequences of a


@@ -6395,9 +6745,14 @@ the changing technology of the Internet has not had a profound effect
 on the content industry's way of doing business, or as John Seely
 Brown describes it, its <quote>architecture of revenue.</quote>
 </para>
 on the content industry's way of doing business, or as John Seely
 Brown describes it, its <quote>architecture of revenue.</quote>
 </para>

-<indexterm><primary>railroad industry</primary></indexterm>

 <indexterm><primary>advertising</primary></indexterm>
 <indexterm><primary>advertising</primary></indexterm>

+<indexterm><primary>television</primary><secondary>advertising on</secondary></indexterm>
+<indexterm><primary>commercials</primary></indexterm>

 <indexterm><primary>camera technology</primary></indexterm>
 <indexterm><primary>camera technology</primary></indexterm>

+<indexterm><primary>digital cameras</primary></indexterm>
+<indexterm><primary>Kodak cameras</primary></indexterm>
+<indexterm><primary>railroad industry</primary></indexterm>
+<indexterm><primary>remote channel changers</primary></indexterm>

 <para>
 But just because a particular interest asks for government support, it
 doesn't follow that support should be granted. And just because
 <para>
 But just because a particular interest asks for government support, it
 doesn't follow that support should be granted. And just because


@@ -6422,14 +6777,19 @@ railroads. Does anyone think we should ban trucks from roads
 <emphasis>for the purpose of</emphasis> protecting the railroads?
 Closer to the subject of this book, remote channel changers have
 weakened the <quote>stickiness</quote> of television advertising (if a boring
 <emphasis>for the purpose of</emphasis> protecting the railroads?
 Closer to the subject of this book, remote channel changers have
 weakened the <quote>stickiness</quote> of television advertising (if a boring

-commercial comes on the TV, the remote makes it easy to surf ), and it
+commercial comes on the TV, the remote makes it easy to surf), and it

 may well be that this change has weakened the television advertising
 market. But does anyone believe we should regulate remotes to
 reinforce commercial television?  (Maybe by limiting them to function
 only once a second, or to switch to only ten channels within an hour?)
 </para>
 may well be that this change has weakened the television advertising
 market. But does anyone believe we should regulate remotes to
 reinforce commercial television?  (Maybe by limiting them to function
 only once a second, or to switch to only ten channels within an hour?)
 </para>

+<indexterm id='idxfreemarkettechnologicalchangesin' class='startofrange'><primary>free market, technological changes in</primary></indexterm>

 <indexterm><primary>Brezhnev, Leonid</primary></indexterm>
 <indexterm><primary>Brezhnev, Leonid</primary></indexterm>

+<indexterm><primary>FM radio</primary></indexterm>
+<indexterm><primary>radio</primary><secondary>FM spectrum of</secondary></indexterm>

 <indexterm><primary>Gates, Bill</primary></indexterm>
 <indexterm><primary>Gates, Bill</primary></indexterm>

+<indexterm><primary>market competition</primary></indexterm>
+<indexterm><primary>RCA</primary></indexterm>

 <para>
 The obvious answer to these obviously rhetorical questions is no.
 In a free society, with a free market, supported by free enterprise and
 <para>
 The obvious answer to these obviously rhetorical questions is no.
 In a free society, with a free market, supported by free enterprise and


@@ -6461,6 +6821,9 @@ changes they create, in response to the request of those hurt by
 changing technology, are changes that preserve the incentives and
 opportunities for innovation and change.
 </para>
 changing technology, are changes that preserve the incentives and
 opportunities for innovation and change.
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>
+<indexterm><primary>speech, freedom of</primary><secondary>constitutional guarantee of</secondary></indexterm>

 <para>
 In the context of laws regulating speech&mdash;which include,
 obviously, copyright law&mdash;that duty is even stronger. When the
 <para>
 In the context of laws regulating speech&mdash;which include,
 obviously, copyright law&mdash;that duty is even stronger. When the


@@ -6475,6 +6838,8 @@ Congress is being asked to pass laws that would <quote>abridge</quote> the freed
 of speech, it should ask&mdash; carefully&mdash;whether such
 regulation is justified.
 </para>
 of speech, it should ask&mdash; carefully&mdash;whether such
 regulation is justified.
 </para>

+<indexterm startref='idxregulationasestablishmentprotectionism' class='endofrange'/>
+<indexterm startref='idxfreemarkettechnologicalchangesin' class='endofrange'/>

 <para>
 My argument just now, however, has nothing to do with whether
 <!-- PAGE BREAK 140 -->
 <para>
 My argument just now, however, has nothing to do with whether
 <!-- PAGE BREAK 140 -->


@@ -6487,14 +6852,16 @@ effect of the changes the content industry wants.
 <para>
 Here's the metaphor that will capture the argument to follow.
 </para>
 <para>
 Here's the metaphor that will capture the argument to follow.
 </para>

-<indexterm id="idxddt" class='startofrange'><primary>DDT</primary></indexterm>
+<indexterm id='idxmllerpaulhermann' class='startofrange'><primary>Müller, Paul Hermann</primary></indexterm>
+<indexterm id='idxddt' class='startofrange'><primary>DDT</primary></indexterm>
+<indexterm id='idxinsecticideenvironmentalconsequencesof' class='startofrange'><primary>insecticide, environmental consequences of</primary></indexterm>
+<indexterm id='idxfarming' class='startofrange'><primary>farming</primary></indexterm>

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

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

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


@@ -6502,7 +6869,8 @@ production is a good thing. No one doubts that the work of Müller was
 important and valuable and probably saved lives, possibly millions.
 </para>
 <indexterm><primary>Carson, Rachel</primary></indexterm>
 important and valuable and probably saved lives, possibly millions.
 </para>
 <indexterm><primary>Carson, Rachel</primary></indexterm>

-<indexterm><primary>Silent Sprint (Carson)</primary></indexterm>
+<indexterm><primary>Silent Spring (Carson)</primary></indexterm>
+<indexterm id='idxenvironmentalism' class='startofrange'><primary>environmentalism</primary></indexterm>

 <para>
 But in 1962, Rachel Carson published <citetitle>Silent Spring</citetitle>, which argued that
 DDT, whatever its primary benefits, was also having unintended
 <para>
 But in 1962, Rachel Carson published <citetitle>Silent Spring</citetitle>, which argued that
 DDT, whatever its primary benefits, was also having unintended


@@ -6518,7 +6886,9 @@ problems DDT caused were worse than the problems it solved, at least
 when considering the other, more environmentally friendly ways to
 solve the problems that DDT was meant to solve.
 </para>
 when considering the other, more environmentally friendly ways to
 solve the problems that DDT was meant to solve.
 </para>

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

 <indexterm><primary>Boyle, James</primary></indexterm>
 <indexterm><primary>Boyle, James</primary></indexterm>

+<indexterm id='idxcopyrightlawinnovativefreedombalancedwithfaircompensationin2' class='startofrange'><primary>copyright law</primary><secondary>innovative freedom balanced with fair compensation in</secondary></indexterm>

 <para>
 It is to this image precisely that Duke University law professor James
 Boyle appeals when he argues that we need an <quote>environmentalism</quote> for
 <para>
 It is to this image precisely that Duke University law professor James
 Boyle appeals when he argues that we need an <quote>environmentalism</quote> for


@@ -6540,6 +6910,7 @@ protecting copyright not an endorsement of anarchy or an attack on
 authors.  It is an environment of creativity that we seek, and we
 should be aware of our actions' effects on the environment.
 </para>
 authors.  It is an environment of creativity that we seek, and we
 should be aware of our actions' effects on the environment.
 </para>

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

 <para>
 My argument, in the balance of this chapter, tries to map exactly
 this effect. No doubt the technology of the Internet has had a dramatic
 <para>
 My argument, in the balance of this chapter, tries to map exactly
 this effect. No doubt the technology of the Internet has had a dramatic


@@ -6551,21 +6922,33 @@ not be only that copyrighted work is effectively protected. Also, and
 generally missed, the net effect of this massive increase in protection
 will be devastating to the environment for creativity.
 </para>
 generally missed, the net effect of this massive increase in protection
 will be devastating to the environment for creativity.
 </para>

+<indexterm startref='idxcopyrightlawinnovativefreedombalancedwithfaircompensationin2' class='endofrange'/>

 <para>
 In a line: To kill a gnat, we are spraying DDT with consequences
 for free culture that will be far more devastating than that this gnat will
 be lost.
 </para>
 <para>
 In a line: To kill a gnat, we are spraying DDT with consequences
 for free culture that will be far more devastating than that this gnat will
 be lost.
 </para>

-<indexterm startref="idxddt" class='endofrange'/>
+<indexterm startref='idxddt' class='endofrange'/>
+<indexterm startref='idxinsecticideenvironmentalconsequencesof' class='endofrange'/>
+<indexterm startref='idxenvironmentalism' class='endofrange'/>

 </section>
 <section id="beginnings">
 <title>Beginnings</title>
 </section>
 <section id="beginnings">
 <title>Beginnings</title>

+<indexterm><primary>Constitution, U.S.</primary><secondary>on creative property</secondary></indexterm>
+<indexterm id='idxconstitutionuscopyrightpurposeestablishedin' class='startofrange'><primary>Constitution, U.S.</primary><secondary>copyright purpose established in</secondary></indexterm>
+<indexterm id='idxconstitutionusprogressclauseof' class='startofrange'><primary>Constitution, U.S.</primary><secondary>Progress Clause of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>constitutional purpose of</secondary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcreativepropertyconstitutionaltraditionon2' class='startofrange'><primary>creative property</primary><secondary>constitutional tradition on</secondary></indexterm>
+<indexterm id='idxprogressclause' class='startofrange'><primary>Progress Clause</primary></indexterm>
+<indexterm><primary>copyright</primary><secondary>duration of</secondary></indexterm>

 <para>
 America copied English copyright law. Actually, we copied and improved
 English copyright law. Our Constitution makes the purpose of <quote>creative
 property</quote> rights clear; its express limitations reinforce the English
 aim to avoid overly powerful publishers.
 </para>
 <para>
 America copied English copyright law. Actually, we copied and improved
 English copyright law. Our Constitution makes the purpose of <quote>creative
 property</quote> rights clear; its express limitations reinforce the English
 aim to avoid overly powerful publishers.
 </para>

+<indexterm id='idxcongressusinconstitutionalprogressclause' class='startofrange'><primary>Congress, U.S.</primary><secondary>in constitutional Progress Clause</secondary></indexterm>

 <para>
 The power to establish <quote>creative property</quote> rights is granted to
 Congress in a way that, for our Constitution, at least, is very
 <para>
 The power to establish <quote>creative property</quote> rights is granted to
 Congress in a way that, for our Constitution, at least, is very


@@ -6584,6 +6967,9 @@ does not say. It does not say Congress has the power to grant
 purpose, and its purpose is a public one, not the purpose of enriching
 publishers, nor even primarily the purpose of rewarding authors.
 </para>
 purpose, and its purpose is a public one, not the purpose of enriching
 publishers, nor even primarily the purpose of rewarding authors.
 </para>

+<indexterm startref='idxcongressusinconstitutionalprogressclause' class='endofrange'/>
+<indexterm id='idxcopyrightlawasprotectionofcreators' class='startofrange'><primary>copyright law</primary><secondary>as protection of creators</secondary></indexterm>
+<indexterm id='idxcopyrightlawhistoryofamerican' class='startofrange'><primary>copyright law</primary><secondary>history of American</secondary></indexterm>

 <para>
 The Progress Clause expressly limits the term of copyrights. As we saw
 in chapter <xref xrefstyle="select: labelnumber" linkend="founders"/>,
 <para>
 The Progress Clause expressly limits the term of copyrights. As we saw
 in chapter <xref xrefstyle="select: labelnumber" linkend="founders"/>,


@@ -6594,6 +6980,9 @@ followed the English for a similar purpose. Indeed, unlike the
 English, the framers reinforced that objective, by requiring that
 copyrights extend <quote>to Authors</quote> only.
 </para>
 English, the framers reinforced that objective, by requiring that
 copyrights extend <quote>to Authors</quote> only.
 </para>

+<indexterm><primary>Senate, U.S.</primary></indexterm>
+<indexterm><primary>Constitution, U.S.</primary><secondary>structural checks and balances of</secondary></indexterm>
+<indexterm><primary>electoral college</primary></indexterm>

 <para>
 The design of the Progress Clause reflects something about the
 Constitution's design in general. To avoid a problem, the framers
 <para>
 The design of the Progress Clause reflects something about the
 Constitution's design in general. To avoid a problem, the framers


@@ -6609,6 +6998,8 @@ case, a <emphasis>structure</emphasis> built checks and balances into
 the constitutional frame, structured to prevent otherwise inevitable
 concentrations of power.
 </para>
 the constitutional frame, structured to prevent otherwise inevitable
 concentrations of power.
 </para>

+<indexterm startref='idxconstitutionusprogressclauseof' class='endofrange'/>
+<indexterm startref='idxprogressclause' class='endofrange'/>

 <para>
 I doubt the framers would recognize the regulation we call <quote>copyright</quote>
 today. The scope of that regulation is far beyond anything they ever
 <para>
 I doubt the framers would recognize the regulation we call <quote>copyright</quote>
 today. The scope of that regulation is far beyond anything they ever


@@ -6616,6 +7007,10 @@ considered. To begin to understand what they did, we need to put our
 <quote>copyright</quote> in context: We need to see how it has changed in the 210
 years since they first struck its design.
 </para>
 <quote>copyright</quote> in context: We need to see how it has changed in the 210
 years since they first struck its design.
 </para>

+<indexterm startref='idxconstitutionuscopyrightpurposeestablishedin' class='endofrange'/>
+<indexterm startref='idxcreativepropertyconstitutionaltraditionon2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawasprotectionofcreators' class='endofrange'/>
+<indexterm><primary>copyright</primary><secondary>four regulatory modalities on</secondary></indexterm>

 <para>
 Some of these changes come from the law: some in light of changes
 in technology, and some in light of changes in technology given a
 <para>
 Some of these changes come from the law: some in light of changes
 in technology, and some in light of changes in technology given a


@@ -6625,14 +7020,14 @@ started here:
 </para>
 <figure id="fig-1441">
 <title>Copyright's regulation before the Internet.</title>
 </para>
 <figure id="fig-1441">
 <title>Copyright's regulation before the Internet.</title>

-<graphic fileref="images/1331.png"></graphic>
+<graphic fileref="images/1331.svg" align="center" width="50%"></graphic>

 </figure>
 <para>
 We will end here:
 </para>
 <figure id="fig-1442">
 <title><quote>Copyright</quote> today.</title>
 </figure>
 <para>
 We will end here:
 </para>
 <figure id="fig-1442">
 <title><quote>Copyright</quote> today.</title>

-<graphic fileref="images/1442.png"></graphic>
+<graphic fileref="images/1442.svg" align="center" width="50%"></graphic>

 </figure>
 <para>
 Let me explain how.
 </figure>
 <para>
 Let me explain how.


@@ -6641,6 +7036,11 @@ Let me explain how.
 </section>
 <section id="lawduration">
 <title>Law: Duration</title>
 </section>
 <section id="lawduration">
 <title>Law: Duration</title>

+<indexterm id='idxcopyrightdurationof4' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcongressusoncopyrightlaws5' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcopyrightact' class='startofrange'><primary>Copyright Act (1790)</primary></indexterm>
+<indexterm><primary>creative property</primary><secondary>common law protections of</secondary></indexterm>
+<indexterm id='idxpublicdomainbalanceofuscontentin' class='startofrange'><primary>public domain</primary><secondary>balance of U.S. content in</secondary></indexterm>

 <para>
 When the first Congress enacted laws to protect creative property, it
 faced the same uncertainty about the status of creative property that
 <para>
 When the first Congress enacted laws to protect creative property, it
 faced the same uncertainty about the status of creative property that


@@ -6665,6 +7065,8 @@ States was controlled or free. Just as in England, this lingering
 uncertainty would make it hard for publishers to rely upon a public
 domain to reprint and distribute works.
 </para>
 uncertainty would make it hard for publishers to rely upon a public
 domain to reprint and distribute works.
 </para>

+<indexterm><primary>Statute of Anne (1710)</primary></indexterm>
+<indexterm id='idxlawfederalvsstate' class='startofrange'><primary>law</primary><secondary>federal vs. state</secondary></indexterm>

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


@@ -6673,6 +7075,7 @@ protections.  Just as in England the Statute of Anne eventually meant
 that the copyrights for all English works expired, a federal statute
 meant that any state copyrights expired as well.
 </para>
 that the copyrights for all English works expired, a federal statute
 meant that any state copyrights expired as well.
 </para>

+<indexterm id='idxcopyrightrenewabilityof' class='startofrange'><primary>copyright</primary><secondary>renewability of</secondary></indexterm>

 <para>
 In 1790, Congress enacted the first copyright law. It created a
 federal copyright and secured that copyright for fourteen years. If
 <para>
 In 1790, Congress enacted the first copyright law. It created a
 federal copyright and secured that copyright for fourteen years. If


@@ -6680,6 +7083,7 @@ the author was alive at the end of that fourteen years, then he could
 opt to renew the copyright for another fourteen years. If he did not
 renew the copyright, his work passed into the public domain.
 </para>
 opt to renew the copyright for another fourteen years. If he did not
 renew the copyright, his work passed into the public domain.
 </para>

+<indexterm startref='idxcongressusoncopyrightlaws5' class='endofrange'/>

 <para>
 While there were many works created in the United States in the first
 ten years of the Republic, only 5 percent of the works were actually
 <para>
 While there were many works created in the United States in the first
 ten years of the Republic, only 5 percent of the works were actually


@@ -6704,6 +7108,8 @@ copyright was short. The initial term of copyright was fourteen years,
 with the option of renewal for an additional fourteen years. Copyright
 Act of May 31, 1790, §1, 1 stat. 124.  </para></footnote>
 </para>
 with the option of renewal for an additional fourteen years. Copyright
 Act of May 31, 1790, §1, 1 stat. 124.  </para></footnote>
 </para>

+<indexterm startref='idxcopyrightact' class='endofrange'/>
+<indexterm startref='idxlawfederalvsstate' class='endofrange'/>

 <para>
 This system of renewal was a crucial part of the American system
 of copyright. It assured that the maximum terms of copyright would be
 <para>
 This system of renewal was a crucial part of the American system
 of copyright. It assured that the maximum terms of copyright would be


@@ -6730,8 +7136,9 @@ 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 startref='idxpublicdomainbalanceofuscontentin' class='endofrange'/>

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

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

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


@@ -6744,6 +7151,9 @@ copyright. The only practical commercial use of the books at that time
 is to sell the books as used books; that use&mdash;because it does not
 involve publication&mdash;is effectively free.
 </para>
 is to sell the books as used books; that use&mdash;because it does not
 involve publication&mdash;is effectively free.
 </para>

+<indexterm id='idxcongressusoncopyrightlaws6' class='startofrange'><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm id='idxcongressuscopyrighttermsextendedby' class='startofrange'><primary>Congress, U.S.</primary><secondary>copyright terms extended by</secondary></indexterm>
+<indexterm id='idxcopyrightlawtermextensionsin' class='startofrange'><primary>copyright law</primary><secondary>term extensions in</secondary></indexterm>

 <para>
 In the first hundred years of the Republic, the term of copyright was
 changed once. In 1831, the term was increased from a maximum of 28
 <para>
 In the first hundred years of the Republic, the term of copyright was
 changed once. In 1831, the term was increased from a maximum of 28


@@ -6752,6 +7162,8 @@ from 14 years to 28 years. In the next fifty years of the Republic,
 the term increased once again. In 1909, Congress extended the renewal
 term of 14 years to 28 years, setting a maximum term of 56 years.
 </para>
 the term increased once again. In 1909, Congress extended the renewal
 term of 14 years to 28 years, setting a maximum term of 56 years.
 </para>

+<indexterm id='idxsonnybonocopyrighttermextensionactctea' class='startofrange'><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>
+<indexterm id='idxpublicdomainfuturepatentsvsfuturecopyrightsin' class='startofrange'><primary>public domain</primary><secondary>future patents vs. future copyrights in</secondary></indexterm>

 <para>
 Then, beginning in 1962, Congress started a practice that has defined
 copyright law since. Eleven times in the last forty years, Congress
 <para>
 Then, beginning in 1962, Congress started a practice that has defined
 copyright law since. Eleven times in the last forty years, Congress


@@ -6762,6 +7174,7 @@ In 1976, Congress extended all existing copyrights by nineteen years.
 And in 1998, in the Sonny Bono Copyright Term Extension Act, Congress
 extended the term of existing and future copyrights by twenty years.
 </para>
 And in 1998, in the Sonny Bono Copyright Term Extension Act, Congress
 extended the term of existing and future copyrights by twenty years.
 </para>

+<indexterm><primary>patents</primary><secondary>in public domain</secondary></indexterm>

 <para>
 The effect of these extensions is simply to toll, or delay, the passing
 of works into the public domain. This latest extension means that the
 <para>
 The effect of these extensions is simply to toll, or delay, the passing
 of works into the public domain. This latest extension means that the


@@ -6773,6 +7186,7 @@ after the Sonny Bono Act, while one million patents will pass into the
 public domain, zero copyrights will pass into the public domain by virtue
 of the expiration of a copyright term.
 </para>
 public domain, zero copyrights will pass into the public domain by virtue
 of the expiration of a copyright term.
 </para>

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

 <para>
 The effect of these extensions has been exacerbated by another,
 little-noticed change in the copyright law. Remember I said that the
 <para>
 The effect of these extensions has been exacerbated by another,
 little-noticed change in the copyright law. Remember I said that the


@@ -6783,6 +7197,9 @@ would pass more quickly into the public domain. The works remaining
 under protection would be those that had some continuing commercial
 value.
 </para>
 under protection would be those that had some continuing commercial
 value.
 </para>

+<indexterm><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>
+<indexterm><primary>copyright</primary><secondary>of natural authors vs. corporations</secondary></indexterm>
+<indexterm><primary>corporations</primary><secondary>copyright terms for</secondary></indexterm>

 <para>
 The United States abandoned this sensible system in 1976. For
 all works created after 1978, there was only one copyright term&mdash;the
 <para>
 The United States abandoned this sensible system in 1976. For
 all works created after 1978, there was only one copyright term&mdash;the


@@ -6802,6 +7219,8 @@ is orphaned by these changes in copyright law. Despite the requirement
 that terms be <quote>limited,</quote> we have no evidence that anything will limit
 them.
 </para>
 that terms be <quote>limited,</quote> we have no evidence that anything will limit
 them.
 </para>

+<indexterm startref='idxcopyrightlawhistoryofamerican' class='endofrange'/>
+<indexterm startref='idxpublicdomainfuturepatentsvsfuturecopyrightsin' class='endofrange'/>

 <para>
 The effect of these changes on the average duration of copyright is
 dramatic. In 1973, more than 85 percent of copyright owners failed to
 <para>
 The effect of these changes on the average duration of copyright is
 dramatic. In 1973, more than 85 percent of copyright owners failed to


@@ -6817,16 +7236,24 @@ more than thirty-two years, and averaged thirty years. See Landes and
 Posner, <quote>Indefinitely Renewable Copyright,</quote> loc. cit.
 </para></footnote>
 </para>
 Posner, <quote>Indefinitely Renewable Copyright,</quote> loc. cit.
 </para></footnote>
 </para>

+<indexterm startref='idxcopyrightdurationof4' class='endofrange'/>
+<indexterm startref='idxcopyrightrenewabilityof' class='endofrange'/>
+<indexterm startref='idxcongressusoncopyrightlaws6' class='endofrange'/>
+<indexterm startref='idxcongressuscopyrighttermsextendedby' class='endofrange'/>
+<indexterm startref='idxcopyrightlawtermextensionsin' class='endofrange'/>

 <!-- PAGE BREAK 147 -->
 </section>
 <section id="lawscope">
 <title>Law: Scope</title>
 <!-- PAGE BREAK 147 -->
 </section>
 <section id="lawscope">
 <title>Law: Scope</title>

+<indexterm id='idxcopyrightscopeof' class='startofrange'><primary>copyright</primary><secondary>scope of</secondary></indexterm>

 <para>
 The <quote>scope</quote> of a copyright is the range of rights granted by the law.
 The scope of American copyright has changed dramatically. Those
 changes are not necessarily bad. But we should understand the extent
 of the changes if we're to keep this debate in context.
 </para>
 <para>
 The <quote>scope</quote> of a copyright is the range of rights granted by the law.
 The scope of American copyright has changed dramatically. Those
 changes are not necessarily bad. But we should understand the extent
 of the changes if we're to keep this debate in context.
 </para>

+<indexterm><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxderivativeworkshistoricalshiftincopyrightcoverageof' class='startofrange'><primary>derivative works</primary><secondary>historical shift in copyright coverage of</secondary></indexterm>

 <para>
 In 1790, that scope was very narrow. Copyright covered only <quote>maps,
 charts, and books.</quote> That means it didn't cover, for example, music or
 <para>
 In 1790, that scope was very narrow. Copyright covered only <quote>maps,
 charts, and books.</quote> That means it didn't cover, for example, music or


@@ -6855,6 +7282,9 @@ way, the right covers more creative work, protects the creative work
 more broadly, and protects works that are based in a significant way
 on the initial creative work.
 </para>
 more broadly, and protects works that are based in a significant way
 on the initial creative work.
 </para>

+<indexterm id='idxcopyrightmarkingof' class='startofrange'><primary>copyright</primary><secondary>marking of</secondary></indexterm>
+<indexterm id='idxformalities' class='startofrange'><primary>formalities</primary></indexterm>
+<indexterm id='idxcopyrightlawregistrationrequirementof' class='startofrange'><primary>copyright law</primary><secondary>registration requirement of</secondary></indexterm>

 <para>
 At the same time that the scope of copyright has expanded, procedural
 limitations on the right have been relaxed. I've already described the
 <para>
 At the same time that the scope of copyright has expanded, procedural
 limitations on the right have been relaxed. I've already described the


@@ -6869,6 +7299,7 @@ of the history of American copyright law, there was a requirement that
 works be deposited with the government before a copyright could be
 secured.
 </para>
 works be deposited with the government before a copyright could be
 secured.
 </para>

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

 <para>
 The reason for the registration requirement was the sensible
 understanding that for most works, no copyright was required. Again,
 <para>
 The reason for the registration requirement was the sensible
 understanding that for most works, no copyright was required. Again,


@@ -6883,6 +7314,7 @@ that after the copyright expired, there would be a copy of the work
 somewhere so that it could be copied by others without locating the
 original author.
 </para>
 somewhere so that it could be copied by others without locating the
 original author.
 </para>

+<indexterm><primary>copyright law</primary><secondary>European</secondary></indexterm>

 <para>
 All of these <quote>formalities</quote> were abolished in the American system when
 we decided to follow European copyright law. There is no requirement
 <para>
 All of these <quote>formalities</quote> were abolished in the American system when
 we decided to follow European copyright law. There is no requirement


@@ -6891,10 +7323,14 @@ automatic; the copyright exists whether or not you mark your work with
 a &copy;; and the copyright exists whether or not you actually make a
 copy available for others to copy.
 </para>
 a &copy;; and the copyright exists whether or not you actually make a
 copy available for others to copy.
 </para>

+<indexterm startref='idxcopyrightmarkingof' class='endofrange'/>
+<indexterm startref='idxformalities' class='endofrange'/>
+<indexterm startref='idxcopyrightlawregistrationrequirementof' class='endofrange'/>

 <para>
 Consider a practical example to understand the scope of these
 differences.
 </para>
 <para>
 Consider a practical example to understand the scope of these
 differences.
 </para>

+<indexterm id='idxcopyrightact2' class='startofrange'><primary>Copyright Act (1790)</primary></indexterm>

 <para>
 If, in 1790, you wrote a book and you were one of the 5 percent who
 actually copyrighted that book, then the copyright law protected you
 <para>
 If, in 1790, you wrote a book and you were one of the 5 percent who
 actually copyrighted that book, then the copyright law protected you


@@ -6913,6 +7349,9 @@ The Copyright Act was thus a tiny
 regulation of a tiny proportion of a tiny part of the creative market in
 the United States&mdash;publishers.
 </para>
 regulation of a tiny proportion of a tiny part of the creative market in
 the United States&mdash;publishers.
 </para>

+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork2' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs3' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs3' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 149 -->
 The act left other creators totally unregulated. If I copied your poem
 <para>
 <!-- PAGE BREAK 149 -->
 The act left other creators totally unregulated. If I copied your poem


@@ -6923,6 +7362,7 @@ those activities were regulated by the original copyright act. These
 creative activities remained free, while the activities of publishers
 were restrained.
 </para>
 creative activities remained free, while the activities of publishers
 were restrained.
 </para>

+<indexterm startref='idxcopyrightact2' class='endofrange'/>

 <para>
 Today the story is very different: If you write a book, your book is
 automatically protected. Indeed, not just your book. Every e-mail,
 <para>
 Today the story is very different: If you write a book, your book is
 automatically protected. Indeed, not just your book. Every e-mail,


@@ -6951,6 +7391,7 @@ copyright holder. The copyright, in other words, is now not just an
 right to your writings, but an exclusive right to your writings
 and a large proportion of the writings inspired by them.
 </para>
 right to your writings, but an exclusive right to your writings
 and a large proportion of the writings inspired by them.
 </para>

+<indexterm startref='idxderivativeworkspiracyvs3' class='endofrange'/>

 <para>
 It is this derivative right that would seem most bizarre to our
 framers, though it has become second nature to us. Initially, this 
 <para>
 It is this derivative right that would seem most bizarre to our
 framers, though it has become second nature to us. Initially, this 


@@ -7000,6 +7441,9 @@ 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 startref='idxpiracyderivativeworkvs3' class='endofrange'/>
+<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


@@ -7014,9 +7458,13 @@ derivative right is unjustified. My aim just now is much narrower:
 simply to make clear that this expansion is a significant change from
 the rights originally granted.
 </para>
 simply to make clear that this expansion is a significant change from
 the rights originally granted.
 </para>

+<indexterm startref='idxcopyrightscopeof' class='endofrange'/>
+<indexterm startref='idxcopyrightlawonrepublishingvstransformationoforiginalwork2' class='endofrange'/>

 </section>
 <section id="lawreach">
 <title>Law and Architecture: Reach</title>
 </section>
 <section id="lawreach">
 <title>Law and Architecture: Reach</title>

+<indexterm id='idxcopyrightlawcopiesascoreissueof' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxcopyrightlawscopeof' class='startofrange'><primary>copyright law</primary><secondary>scope of</secondary></indexterm>

 <para>
 Whereas originally the law regulated only publishers, the change in
 copyright's scope means that the law today regulates publishers, users,
 <para>
 Whereas originally the law regulated only publishers, the change in
 copyright's scope means that the law today regulates publishers, users,


@@ -7033,6 +7481,8 @@ existing law (which regulates <quote>copies;</quote> 17 <citetitle>United States
 102) is that if there is a copy, there is a right.
 </para></footnote>
 </para>
 102) is that if there is a copy, there is a right.
 </para></footnote>
 </para>

+<indexterm><primary>Valenti, Jack</primary><secondary>on creative property rights</secondary></indexterm>
+<indexterm id='idxcreativepropertyotherpropertyrightsvs2' class='startofrange'><primary>creative property</primary><secondary>other property rights vs.</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 151 -->
 <quote>Copies.</quote> That certainly sounds like the obvious thing for
 <para>
 <!-- PAGE BREAK 151 -->
 <quote>Copies.</quote> That certainly sounds like the obvious thing for


@@ -7047,6 +7497,7 @@ copies should <emphasis>not</emphasis> be the trigger for copyright
 law. More precisely, they should not <emphasis>always</emphasis> be
 the trigger for copyright law.
 </para>
 law. More precisely, they should not <emphasis>always</emphasis> be
 the trigger for copyright law.
 </para>

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

 <para>
 This is perhaps the central claim of this book, so let me take this
 very slowly so that the point is not easily missed. My claim is that the
 <para>
 This is perhaps the central claim of this book, so let me take this
 very slowly so that the point is not easily missed. My claim is that the


@@ -7063,15 +7514,22 @@ because it is clear that the
 current reach of copyright was never contemplated, much less chosen,
 by the legislators who enacted copyright law.
 </para>
 current reach of copyright was never contemplated, much less chosen,
 by the legislators who enacted copyright law.
 </para>

+<indexterm startref='idxcopyrightlawscopeof' class='endofrange'/>
+<indexterm startref='idxcreativepropertyotherpropertyrightsvs2' class='endofrange'/>

 <para>
 <para>

-We  can see this point abstractly by beginning with this largely
+We can see this point abstractly by beginning with this largely

 empty circle.
 </para>
 <figure id="fig-1521">
 <title>All potential uses of a book.</title>
 empty circle.
 </para>
 <figure id="fig-1521">
 <title>All potential uses of a book.</title>

-<graphic fileref="images/1521.png"></graphic>
+<graphic fileref="images/1521.svg" align="center" width="50%"></graphic>

 </figure>
 </figure>

-<indexterm id='idxbooksusetypes' class='startofrange'><primary>books</primary><secondary>three types of uses of</secondary></indexterm>
+<indexterm id='idxbooksthreetypesofusesof' class='startofrange'><primary>books</primary><secondary>three types of uses of</secondary></indexterm>
+<indexterm id='idxcopyrightlawcopiesascoreissueof2' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxinternetcopyrightapplicabilityalteredbytechnologyof' class='startofrange'><primary>Internet</primary><secondary>copyright applicability altered by technology of</secondary></indexterm>
+<indexterm id='idxtechnologycopyrightintentalteredby' class='startofrange'><primary>technology</primary><secondary>copyright intent altered by</secondary></indexterm>
+<indexterm id='idxderivativeworkspiracyvs4' class='startofrange'><primary>derivative works</primary><secondary>piracy vs.</secondary></indexterm>
+<indexterm id='idxpiracyderivativeworkvs4' class='startofrange'><primary>piracy</primary><secondary>derivative work vs.</secondary></indexterm>

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


@@ -7088,16 +7546,20 @@ acts do not make a copy.
 </para>
 <figure id="fig-1531">
 <title>Examples of unregulated uses of a book.</title>
 </para>
 <figure id="fig-1531">
 <title>Examples of unregulated uses of a book.</title>

-<graphic fileref="images/1531.png"></graphic>
+<graphic fileref="images/1531.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 Obviously, however, some uses of a copyrighted book are regulated
 by copyright law. Republishing the book, for example, makes a copy. It
 is therefore regulated by copyright law. Indeed, this particular use stands
 at the core of this circle of possible uses of a copyrighted work. It is the
 </figure>
 <para>
 Obviously, however, some uses of a copyrighted book are regulated
 by copyright law. Republishing the book, for example, makes a copy. It
 is therefore regulated by copyright law. Indeed, this particular use stands
 at the core of this circle of possible uses of a copyrighted work. It is the

-paradigmatic use properly regulated by copyright regulation (see first
-diagram on next page).
+paradigmatic use properly regulated by copyright regulation (see 
+diagram <xref xrefstyle="select: labelnumber" linkend="fig-1541"/>).

 </para>
 </para>

+<indexterm startref='idxderivativeworkspiracyvs4' class='endofrange'/>
+<indexterm startref='idxpiracyderivativeworkvs4' class='endofrange'/>
+<indexterm id='idxfairuse' class='startofrange'><primary>fair use</primary></indexterm>
+<indexterm id='idxcopyrightlawfairuseand2' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>

 <para>
 Finally, there is a tiny sliver of otherwise regulated copying uses
 that remain unregulated because the law considers these <quote>fair uses.</quote>
 <para>
 Finally, there is a tiny sliver of otherwise regulated copying uses
 that remain unregulated because the law considers these <quote>fair uses.</quote>


@@ -7105,8 +7567,10 @@ that remain unregulated because the law considers these <quote>fair uses.</quote
 <!-- PAGE BREAK 153 -->
 <figure id="fig-1541">
 <title>Republishing stands at the core of this circle of possible uses of a copyrighted work.</title>
 <!-- PAGE BREAK 153 -->
 <figure id="fig-1541">
 <title>Republishing stands at the core of this circle of possible uses of a copyrighted work.</title>

-<graphic fileref="images/1541.png"></graphic>
+<graphic fileref="images/1541.svg" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>

 <para>
 These are uses that themselves involve copying, but which the law
 treats as unregulated because public policy demands that they remain
 <para>
 These are uses that themselves involve copying, but which the law
 treats as unregulated because public policy demands that they remain


@@ -7119,21 +7583,24 @@ for public policy (and possibly First Amendment) reasons.
 </para>
 <figure id="fig-1542">
 <title>Unregulated copying considered <quote>fair uses.</quote></title>
 </para>
 <figure id="fig-1542">
 <title>Unregulated copying considered <quote>fair uses.</quote></title>

-<graphic fileref="images/1542.png"></graphic>
+<graphic fileref="images/1542.png" align="center" width="50%"></graphic>

 </figure>
 <para> </para>
 <figure id="fig-1551">
 <title>Uses that before were presumptively unregulated are now presumptively regulated.</title>
 </figure>
 <para> </para>
 <figure id="fig-1551">
 <title>Uses that before were presumptively unregulated are now presumptively regulated.</title>

-<graphic fileref="images/1551.png"></graphic>
+<graphic fileref="images/1551.png" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<indexterm id='idxcopyrightusagerestrictionsattachedto' class='startofrange'><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>

 <para>
 <!-- PAGE BREAK 154 -->
 In real space, then, the possible uses of a book are divided into three
 sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that
 are nonetheless deemed <quote>fair</quote> regardless of the copyright owner's views.
 </para>
 <para>
 <!-- PAGE BREAK 154 -->
 In real space, then, the possible uses of a book are divided into three
 sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that
 are nonetheless deemed <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 startref='idxbooksthreetypesofusesof' class='endofrange'/>
+<indexterm id='idxbooksoninternet' class='startofrange'><primary>books</primary><secondary>on Internet</secondary></indexterm>
+<indexterm id='idxinternetbookson2' class='startofrange'><primary>Internet</primary><secondary>books on</secondary></indexterm>
+<indexterm><primary>fair use</primary><secondary>Internet burdens on</secondary></indexterm>

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


@@ -7155,6 +7622,8 @@ would defend the unregulated uses of copyrighted work must look
 exclusively to category 3, fair uses, to bear the burden of this
 shift.
 </para>
 exclusively to category 3, fair uses, to bear the burden of this
 shift.
 </para>

+<indexterm startref='idxfairuse' class='endofrange'/>
+<indexterm startref='idxcopyrightlawfairuseand2' class='endofrange'/>

 <para>
 So let's be very specific to make this general point clear. Before the
 Internet, if you purchased a book and read it ten times, there would
 <para>
 So let's be very specific to make this general point clear. Before the
 Internet, if you purchased a book and read it ten times, there would


@@ -7167,7 +7636,8 @@ 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 id='idxebooks' class='startofrange'><primary>e-books</primary></indexterm>
+<indexterm id='idxderivativeworkstechnologicaldevelopmentsand' class='startofrange'><primary>derivative works</primary><secondary>technological developments and</secondary></indexterm>

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


@@ -7194,6 +7664,7 @@ evidence at all that policy makers had this idea in mind when they
 allowed our policy here to shift. Unregulated uses were an important
 part of free culture before the Internet.
 </para>
 allowed our policy here to shift. Unregulated uses were an important
 part of free culture before the Internet.
 </para>

+<indexterm id='idxcopyrightlawonrepublishingvstransformationoforiginalwork3' class='startofrange'><primary>copyright law</primary><secondary>on republishing vs. transformation of original work</secondary></indexterm>

 <para>
 Second, this shift is especially troubling in the context of
 transformative uses of creative content. Again, we can all understand
 <para>
 Second, this shift is especially troubling in the context of
 transformative uses of creative content. Again, we can all understand


@@ -7206,6 +7677,9 @@ troubling the expansion with respect to copying a particular work, it
 is extraordinarily troubling with respect to transformative uses of
 creative work.
 </para>
 is extraordinarily troubling with respect to transformative uses of
 creative work.
 </para>

+<indexterm id='idxfairuseinternetburdenson' class='startofrange'><primary>fair use</primary><secondary>Internet burdens on</secondary></indexterm>
+<indexterm id='idxcopyrightlawfairuseand3' class='startofrange'><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxderivativeworksfairusevs' class='startofrange'><primary>derivative works</primary><secondary>fair use vs.</secondary></indexterm>

 <para>
 Third, this shift from category 1 to category 2 puts an extraordinary
 
 <para>
 Third, this shift from category 1 to category 2 puts an extraordinary
 


@@ -7220,6 +7694,11 @@ copyright law and hence the need for a fair use defense. The right to
 read was effectively protected before because reading was not
 regulated.
 </para>
 read was effectively protected before because reading was not
 regulated.
 </para>

+<indexterm startref='idxcopyrightlawcopiesascoreissueof2' class='endofrange'/>
+<indexterm startref='idxinternetcopyrightapplicabilityalteredbytechnologyof' class='endofrange'/>
+<indexterm startref='idxtechnologycopyrightintentalteredby' class='endofrange'/>
+<indexterm startref='idxderivativeworkstechnologicaldevelopmentsand' class='endofrange'/>
+<indexterm startref='idxcopyrightlawonrepublishingvstransformationoforiginalwork3' class='endofrange'/>

 <para>
 This point about fair use is totally ignored, even by advocates for
 free culture. We have been cornered into arguing that our rights
 <para>
 This point about fair use is totally ignored, even by advocates for
 free culture. We have been cornered into arguing that our rights


@@ -7230,7 +7709,16 @@ 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 startref='idxcopyrightusagerestrictionsattachedto' class='endofrange'/>
+<indexterm startref='idxbooksoninternet' class='endofrange'/>
+<indexterm startref='idxinternetbookson2' class='endofrange'/>
+<indexterm startref='idxebooks' class='endofrange'/>
+<indexterm startref='idxfairuseinternetburdenson' class='endofrange'/>
+<indexterm startref='idxcopyrightlawfairuseand3' class='endofrange'/>
+<indexterm startref='idxderivativeworksfairusevs' class='endofrange'/>
+<indexterm id='idxvideopipeline' class='startofrange'><primary>Video Pipeline</primary></indexterm>
+<indexterm id='idxadvertising' class='startofrange'><primary>advertising</primary></indexterm>
+<indexterm id='idxfilmindustrytraileradvertisementsof' class='startofrange'><primary>film industry</primary><secondary>trailer advertisements of</secondary></indexterm>

 <para>
 The case of Video Pipeline is a good example. Video Pipeline was
 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


@@ -7248,6 +7736,10 @@ technique by giving on-line stores the same ability to enable
 before you buy the book, so, too, you would be able to sample a bit
 from the movie on-line before you bought it.
 </para>
 before you buy the book, so, too, you would be able to sample a bit
 from the movie on-line before you bought it.
 </para>

+<indexterm id='idxdisneyinc2' class='startofrange'><primary>Disney, Inc.</primary></indexterm>
+<indexterm><primary>copyright law</primary><secondary>fair use and</secondary></indexterm>
+<indexterm id='idxcopyrightlawcopiesascoreissueof3' class='startofrange'><primary>copyright law</primary><secondary>copies as core issue of</secondary></indexterm>
+<indexterm id='idxfairuselegalintimidationtacticsagainst2' class='startofrange'><primary>fair use</primary><secondary>legal intimidation tactics against</secondary></indexterm>

 <para>
 In 1998, Video Pipeline informed Disney and other film distributors
 that it intended to distribute the trailers through the Internet
 <para>
 In 1998, Video Pipeline informed Disney and other film distributors
 that it intended to distribute the trailers through the Internet


@@ -7263,6 +7755,11 @@ distribution immediately.  Video Pipeline thought it was within their
 lawsuit to ask the court to declare that these rights were in fact
 their rights.
 </para>
 lawsuit to ask the court to declare that these rights were in fact
 their rights.
 </para>

+<indexterm startref='idxadvertising' class='endofrange'/>
+<indexterm startref='idxfilmindustrytraileradvertisementsof' class='endofrange'/>
+<indexterm id='idxcopyrightusagerestrictionsattachedto2' class='startofrange'><primary>copyright</primary><secondary>usage restrictions attached to</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitswillfulinfringementfindingsin' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>willful infringement findings in</secondary></indexterm>
+<indexterm><primary>willful infringement</primary></indexterm>

 <para>
 Disney countersued&mdash;for $100 million in damages. Those damages
 were predicated upon a claim that Video Pipeline had <quote>willfully
 <para>
 Disney countersued&mdash;for $100 million in damages. Those damages
 were predicated upon a claim that Video Pipeline had <quote>willfully


@@ -7282,7 +7779,7 @@ permitted to list the titles of the films they were selling, but they were
 not allowed to show clips of the films as a way of selling them without
 Disney's permission.
 </para>
 not allowed to show clips of the films as a way of selling them without
 Disney's permission.
 </para>

-<indexterm startref='idxadvertising2' class='endofrange'/>
+<indexterm><primary>first-sale doctrine</primary></indexterm>

 <para>
 Now, you might think this is a close case, and I think the courts
 would consider it a close case. My point here is to map the change
 <para>
 Now, you might think this is a close case, and I think the courts
 would consider it a close case. My point here is to map the change


@@ -7297,8 +7794,15 @@ copy, use on the Internet becomes subject to the copyright owner's
 control. The technology expands the scope of effective control,
 because the technology builds a copy into every transaction.
 </para>
 control. The technology expands the scope of effective control,
 because the technology builds a copy into every transaction.
 </para>

+<indexterm startref='idxvideopipeline' class='endofrange'/>
+<indexterm startref='idxdisneyinc2' class='endofrange'/>
+<indexterm startref='idxcopyrightlawcopiesascoreissueof3' class='endofrange'/>
+<indexterm startref='idxfairuselegalintimidationtacticsagainst2' class='endofrange'/>
+<indexterm startref='idxcopyrightusagerestrictionsattachedto2' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitswillfulinfringementfindingsin' class='endofrange'/>

 <indexterm><primary>Barnes &amp; Noble</primary></indexterm>
 <indexterm><primary>browsing</primary></indexterm>
 <indexterm><primary>Barnes &amp; Noble</primary></indexterm>
 <indexterm><primary>browsing</primary></indexterm>

+<indexterm><primary>market competition</primary></indexterm>

 <para>
 <!-- PAGE BREAK 158 -->
 No doubt, a potential is not yet an abuse, and so the potential for
 <para>
 <!-- PAGE BREAK 158 -->
 No doubt, a potential is not yet an abuse, and so the potential for


@@ -7332,6 +7836,8 @@ second important change brought about by the Internet magnifies its
 significance. This second change does not affect the reach of copyright
 regulation; it affects how such regulation is enforced.
 </para>
 significance. This second change does not affect the reach of copyright
 regulation; it affects how such regulation is enforced.
 </para>

+<indexterm><primary>copyright law</primary><secondary>technology as automatic enforcer of</secondary></indexterm>
+<indexterm><primary>technology</primary><secondary>copyright enforcement controlled by</secondary></indexterm>

 <para>
 In the world before digital technology, it was generally the law that
 controlled whether and how someone was regulated by copyright law.
 <para>
 In the world before digital technology, it was generally the law that
 controlled whether and how someone was regulated by copyright law.


@@ -7341,8 +7847,8 @@ 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


@@ -7361,9 +7867,9 @@ 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


@@ -7376,7 +7882,7 @@ 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='idxbooksoninternet2' class='startofrange'><primary>books</primary><secondary>on Internet</secondary></indexterm>

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


@@ -7387,10 +7893,10 @@ problem with code regulations is that, unlike law, code has no
 shame. Code would not get the humor of the Marx Brothers. The
 consequence of that is not at all funny.
 </para>
 shame. Code would not get the humor of the Marx Brothers. The
 consequence of that is not at all funny.
 </para>

-<indexterm startref="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>


@@ -7402,8 +7908,8 @@ technology, and the publisher delivers the content by using the
 technology.
 </para>
 <para>
 technology.
 </para>
 <para>

-On the next page is a picture of an old version of my Adobe eBook
-Reader.
+On the next page (<xref linkend="fig-1611"/>) is a picture of an old
+version of my Adobe eBook Reader.

 </para>
 <para>
 As you can see, I have a small collection of e-books within this
 </para>
 <para>
 As you can see, I have a small collection of e-books within this


@@ -7420,7 +7926,7 @@ a button at the bottom called Permissions.
 </para>
 <figure id="fig-1611">
 <title>Picture of an old version of Adobe eBook Reader</title>
 </para>
 <figure id="fig-1611">
 <title>Picture of an old version of Adobe eBook Reader</title>

-<graphic fileref="images/1611.png"></graphic>
+<graphic fileref="images/1611.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 If you click on the Permissions button, you'll see a list of the
 </figure>
 <para>
 If you click on the Permissions button, you'll see a list of the


@@ -7428,7 +7934,7 @@ permissions that the publisher purports to grant with this book.
 </para>
 <figure id="fig-1612">
 <title>List of the permissions that the publisher purports to grant.</title>
 </para>
 <figure id="fig-1612">
 <title>List of the permissions that the publisher purports to grant.</title>

-<graphic fileref="images/1612.png"></graphic>
+<graphic fileref="images/1612.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 <!-- PAGE BREAK 161 -->
 </figure>
 <para>
 <!-- PAGE BREAK 161 -->


@@ -7439,15 +7945,15 @@ print ten pages from the book every ten days. Lastly, I have the
 permission to use the Read Aloud button to hear <citetitle>Middlemarch</citetitle>
 read aloud through the computer.
 </para>
 permission to use the Read Aloud button to hear <citetitle>Middlemarch</citetitle>
 read aloud through the computer.
 </para>

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

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

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

 </para>
 <figure id="fig-1621">
 <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>

-<graphic fileref="images/1621.png"></graphic>
+<graphic fileref="images/1621.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 According to its permissions, no printing or copying is permitted
 </figure>
 <para>
 According to its permissions, no printing or copying is permitted


@@ -7456,8 +7962,10 @@ the book.
 </para>
 <figure id="fig-1622">
 <title>List of the permissions for Aristotle;s <quote>Politics</quote>.</title>
 </para>
 <figure id="fig-1622">
 <title>List of the permissions for Aristotle;s <quote>Politics</quote>.</title>

-<graphic fileref="images/1622.png"></graphic>
+<graphic fileref="images/1622.png" align="center" width="50%"></graphic>

 </figure>
 </figure>

+<indexterm><primary>Future of Ideas, The (Lessig)</primary></indexterm>
+<indexterm><primary>Lessig, Lawrence</primary></indexterm>

 <para>
 Finally (and most embarrassingly), here are the permissions for the
 original e-book version of my last book, <citetitle>The Future of
 <para>
 Finally (and most embarrassingly), here are the permissions for the
 original e-book version of my last book, <citetitle>The Future of


@@ -7466,7 +7974,7 @@ Ideas</citetitle>:
 <!-- PAGE BREAK 162 -->
 <figure id="fig-1631">
 <title>List of the permissions for <quote>The Future of Ideas</quote>.</title>
 <!-- PAGE BREAK 162 -->
 <figure id="fig-1631">
 <title>List of the permissions for <quote>The Future of Ideas</quote>.</title>

-<graphic fileref="images/1631.png"></graphic>
+<graphic fileref="images/1631.png" align="center" width="50%"></graphic>

 </figure>
 <para>
 No copying, no printing, and don't you dare try to listen to this book!
 </figure>
 <para>
 No copying, no printing, and don't you dare try to listen to this book!


@@ -7510,13 +8018,14 @@ aloud&mdash;it's not that the company will sue you if you do; instead,
 if you push the Read Aloud button with my book, the machine simply
 won't read aloud.
 </para>
 if you push the Read Aloud button with my book, the machine simply
 won't read aloud.
 </para>

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

 <para>
 <!-- PAGE BREAK 163 -->
 These are <emphasis>controls</emphasis>, not permissions. Imagine a
 world where the Marx Brothers sold word processing software that, when
 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


@@ -7538,6 +8047,8 @@ to defeat these protections as well?
 We've only scratched the surface of this story. Return to the Adobe
 eBook Reader.
 </para>
 We've only scratched the surface of this story. Return to the Adobe
 eBook Reader.
 </para>

+<indexterm id='idxalicesadventuresinwonderlandcarroll' class='startofrange'><primary>Alice's Adventures in Wonderland (Carroll)</primary></indexterm>
+<indexterm id='idxpublicdomainebookrestrictionson2' class='startofrange'><primary>public domain</primary><secondary>e-book restrictions on</secondary></indexterm>

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


@@ -7545,14 +8056,13 @@ 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
 Wonderland</quote>.</title>
 </para>
 <figure id="fig-1641">
 <title>List of the permissions for <quote>Alice's Adventures in
 Wonderland</quote>.</title>

-<graphic fileref="images/1641.png"></graphic>
+<graphic fileref="images/1641.png" align="center" width="50%"></graphic>

 </figure>
 </figure>

-<beginpage pagenum="164"/>
+<!-- PAGE BREAK 164-->

 <para>
 Here was a public domain children's book that you were not allowed to
 copy, not allowed to lend, not allowed to give, and, as the
 <para>
 Here was a public domain children's book that you were not allowed to
 copy, not allowed to lend, not allowed to give, and, as the


@@ -7579,6 +8089,8 @@ could use a computer to read the book aloud, would Adobe agree that
 such a use of an eBook Reader was fair? Adobe didn't answer because
 the answer, however absurd it might seem, is no.
 </para>
 such a use of an eBook Reader was fair? Adobe didn't answer because
 the answer, however absurd it might seem, is no.
 </para>

+<indexterm startref='idxalicesadventuresinwonderlandcarroll' class='endofrange'/>
+<indexterm startref='idxpublicdomainebookrestrictionson2' class='endofrange'/>

 <para>
 The point is not to blame Adobe. Indeed, Adobe is among the most
 innovative companies developing strategies to balance open access to
 <para>
 The point is not to blame Adobe. Indeed, Adobe is among the most
 innovative companies developing strategies to balance open access to


@@ -7587,15 +8099,15 @@ technology enables control, and Adobe has an incentive to defend this
 control.  That incentive is understandable, yet what it creates is
 often crazy.
 </para>
 control.  That incentive is understandable, yet what it creates is
 often crazy.
 </para>

-<indexterm startref="idxadobeebookreader" class='endofrange'/>
-<indexterm startref='idxbooksoninternet' class='endofrange'/>
+<indexterm startref='idxadobeebookreader' class='endofrange'/>
+<indexterm startref='idxbooksoninternet2' class='endofrange'/>

 <para>
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>
 <para>
 To see the point in a particularly absurd context, consider a favorite
 story of mine that makes the same point.
 </para>

-<indexterm id="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


@@ -7605,7 +8117,7 @@ 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.


@@ -7647,9 +8159,9 @@ dance jazz. The dog wasn't programmed to dance jazz. It was a clever
 bit of tinkering that turned the dog into a more talented creature
 than Sony had built.
 </para>
 bit of tinkering that turned the dog into a more talented creature
 than Sony had built.
 </para>

-<indexterm startref="idxsonyaibo1" class='endofrange'/>
-<indexterm startref="idxroboticdog1" class='endofrange'/>
-<indexterm startref="idxaibo1" class='endofrange'/>
+<indexterm startref='idxsonyaibo1' class='endofrange'/>
+<indexterm startref='idxroboticdog1' class='endofrange'/>
+<indexterm startref='idxaibo1' class='endofrange'/>

 <para>
 I've told this story in many contexts, both inside and outside the
 United States. Once I was asked by a puzzled member of the audience,
 <para>
 I've told this story in many contexts, both inside and outside the
 United States. Once I was asked by a puzzled member of the audience,


@@ -7666,6 +8178,7 @@ 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


@@ -7736,9 +8249,9 @@ 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


@@ -7752,9 +8265,9 @@ AIBO-ware's copy protection protocol constituting a violation of the
 anti-circumvention provisions of the Digital Millennium Copyright Act.
 </para>
 </blockquote>
 anti-circumvention provisions of the Digital Millennium Copyright Act.
 </para>
 </blockquote>

-<indexterm startref="idxsonyaibo2" class='endofrange'/>
-<indexterm startref="idxroboticdog2" class='endofrange'/>
-<indexterm startref="idxaibo2" class='endofrange'/>
+<indexterm startref='idxsonyaibo2' class='endofrange'/>
+<indexterm startref='idxroboticdog2' class='endofrange'/>
+<indexterm startref='idxaibo2' class='endofrange'/>

 <para>
 And though an academic paper describing the weakness in a system
 of encryption should also be perfectly legal, Felten received a letter
 <para>
 And though an academic paper describing the weakness in a system
 of encryption should also be perfectly legal, Felten received a letter


@@ -7894,9 +8407,9 @@ practice or to protect against an intruder. At least some would say that
 such a use would be good. It, too, is a technology that has both good
 and bad uses.
 </para>
 such a use would be good. It, too, is a technology that has both good
 and bad uses.
 </para>

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

 <title>VCR/handgun cartoon.</title>
 <title>VCR/handgun cartoon.</title>

-<graphic fileref="images/1711.png"></graphic>
+<graphic fileref="images/1711.png" align="center" width="70%"></graphic>

 </figure>
 <indexterm><primary>Conrad, Paul</primary></indexterm>
 <para>
 </figure>
 <indexterm><primary>Conrad, Paul</primary></indexterm>
 <para>


@@ -8019,7 +8532,7 @@ media.  Before this change happened, the different forms of media were
 owned by separate media companies. Now, the media is increasingly
 owned by only a few companies. Indeed, after the changes that the FCC
 announced in June 2003, most expect that within a few years, we will
 owned by separate media companies. Now, the media is increasingly
 owned by only a few companies. Indeed, after the changes that the FCC
 announced in June 2003, most expect that within a few years, we will

-live in a world where just three companies control more than percent
+live in a world where just three companies control more than 85 percent

 of the media.
 </para>
 <para>
 of the media.
 </para>
 <para>


@@ -8027,6 +8540,11 @@ 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


@@ -8048,11 +8566,6 @@ 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,


@@ -8077,11 +8590,11 @@ of all cable revenue. This is a market far from the free press the
 framers sought to protect. Indeed, it is a market that is quite well
 protected&mdash; by the market.
 </para>
 framers sought to protect. Indeed, it is a market that is quite well
 protected&mdash; by the market.
 </para>

+<indexterm><primary>Fallows, James</primary></indexterm>

 <para>
 Concentration in size alone is one thing. The more invidious
 change is in the nature of that concentration. As author James Fallows
 put it in a recent article about Rupert Murdoch,
 <para>
 Concentration in size alone is one thing. The more invidious
 change is in the nature of that concentration. As author James Fallows
 put it in a recent article about Rupert Murdoch,

-<indexterm><primary>Fallows, James</primary></indexterm>

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


@@ -8108,9 +8621,9 @@ just large companies owning many radio stations, but a few companies
 owning as many outlets of media as possible. A picture describes this
 pattern better than a thousand words could do:
 </para>
 owning as many outlets of media as possible. A picture describes this
 pattern better than a thousand words could do:
 </para>

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

 <title>Pattern of modern media ownership.</title>
 <title>Pattern of modern media ownership.</title>

-<graphic fileref="images/1761.png"></graphic>
+<graphic fileref="images/1761.png" align="center" width="90%"></graphic>

 </figure>
 <para>
 <!-- PAGE BREAK 175 -->
 </figure>
 <para>
 <!-- PAGE BREAK 175 -->


@@ -8200,12 +8713,12 @@ 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>


@@ -8302,6 +8815,9 @@ depend fundamentally upon the press to help inform Americans about
 these issues.
 </para>
 <indexterm id='idxadvertising3' class='startofrange'><primary>advertising</primary></indexterm>
 these issues.
 </para>
 <indexterm id='idxadvertising3' class='startofrange'><primary>advertising</primary></indexterm>

+<indexterm id='idxcommercials' class='startofrange'><primary>commercials</primary></indexterm>
+<indexterm id='idxtelevisionadvertisingon' class='startofrange'><primary>television</primary><secondary>advertising on</secondary></indexterm>
+<indexterm><primary>Nick and Norm anti-drug campaign</primary></indexterm>

 <para>
 Beginning in 1998, the Office of National Drug Control Policy launched
 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


@@ -8331,6 +8847,10 @@ money. Assume a group of concerned citizens donates all the money in
 the world to help you get your message out. Can you be sure your
 message will be heard then?
 </para>
 the world to help you get your message out. Can you be sure your
 message will be heard then?
 </para>

+<indexterm><primary>Constitution, U.S.</primary><secondary>First Amendment to</secondary></indexterm>
+<indexterm><primary>First Amendment</primary></indexterm>
+<indexterm><primary>Supreme Court, U.S.</primary><secondary>on television advertising bans</secondary></indexterm>
+<indexterm><primary>television</primary><secondary>controversy avoided by</secondary></indexterm>

 <para>
 No. You cannot. Television stations have a general policy of avoiding
 <quote>controversial</quote> ads. Ads sponsored by the government are deemed
 <para>
 No. You cannot. Television stations have a general policy of avoiding
 <quote>controversial</quote> ads. Ads sponsored by the government are deemed


@@ -8342,6 +8862,13 @@ commercial media will refuse one side of a crucial debate the
 opportunity to present its case.  And the courts will defend the
 rights of the stations to be this biased.<footnote><para>
 <!-- f34 -->
 opportunity to present its case.  And the courts will defend the
 rights of the stations to be this biased.<footnote><para>
 <!-- f34 -->

+<indexterm><primary>ABC</primary></indexterm>
+<indexterm><primary>Comcast</primary></indexterm>
+<indexterm><primary>Marijuana Policy Project</primary></indexterm>
+<indexterm><primary>NBC</primary></indexterm>
+<indexterm><primary>WJOA</primary></indexterm>
+<indexterm><primary>WRC</primary></indexterm>
+<indexterm><primary>advertising</primary></indexterm>

 The Marijuana Policy Project, in February 2003, sought to place ads
 that directly responded to the Nick and Norm series on stations within
 the Washington, D.C., area. Comcast rejected the ads as <quote>against
 The Marijuana Policy Project, in February 2003, sought to place ads
 that directly responded to the Nick and Norm series on stations within
 the Washington, D.C., area. Comcast rejected the ads as <quote>against


@@ -8350,31 +8877,29 @@ without reviewing them. The local ABC affiliate, WJOA, originally
 agreed to run the ads and accepted payment to do so, but later decided
 not to run the ads and returned the collected fees. Interview with
 Neal Levine, 15 October 2003.  These restrictions are, of course, not
 agreed to run the ads and accepted payment to do so, but later decided
 not to run the ads and returned the collected fees. Interview with
 Neal Levine, 15 October 2003.  These restrictions are, of course, not

-limited to drug policy. See, for example, Nat Ives, <quote>On the Issue of
-an Iraq War, Advocacy Ads Meet with Rejection from TV Networks,</quote> <citetitle>New
-York Times</citetitle>, 13 March 2003, C4.  Outside of election-related air time
-there is very little that the FCC or the courts are willing to do to
-even the playing field. For a general overview, see Rhonda Brown, <quote>Ad
-Hoc Access: The Regulation of Editorial Advertising on Television and
-Radio,</quote> <citetitle>Yale Law and Policy Review</citetitle> 6 (1988): 449&ndash;79, and for a
-more recent summary of the stance of the FCC and the courts, see
-<citetitle>Radio-Television News Directors Association</citetitle> v. <citetitle>FCC</citetitle>, 184 F. 3d 872
+limited to drug policy. See, for example, Nat Ives, <quote>On the
+Issue of an Iraq War, Advocacy Ads Meet with Rejection from TV
+Networks,</quote> <citetitle>New York Times</citetitle>, 13 March
+2003, C4.  Outside of election-related air time there is very little
+that the FCC or the courts are willing to do to even the playing
+field. For a general overview, see Rhonda Brown, <quote>Ad Hoc Access:
+The Regulation of Editorial Advertising on Television and
+Radio,</quote> <citetitle>Yale Law and Policy Review</citetitle> 6
+(1988): 449&ndash;79, and for a more recent summary of the stance of
+the FCC and the courts, see <citetitle>Radio-Television News Directors
+Association</citetitle> v. <citetitle>FCC</citetitle>, 184 F. 3d 872

 (D.C. Cir. 1999). Municipal authorities exercise the same authority as
 the networks. In a recent example from San Francisco, the San
 Francisco transit authority rejected an ad that criticized its Muni
 (D.C. Cir. 1999). Municipal authorities exercise the same authority as
 the networks. In a recent example from San Francisco, the San
 Francisco transit authority rejected an ad that criticized its Muni

-diesel buses. Phillip Matier and Andrew Ross, <quote>Antidiesel Group Fuming
-After Muni Rejects Ad,</quote> SFGate.com, 16 June 2003, available at
-<ulink url="http://free-culture.cc/notes/">link #32</ulink>. The ground
-was that the criticism was <quote>too controversial.</quote>
-<indexterm><primary>ABC</primary></indexterm>
-<indexterm><primary>Comcast</primary></indexterm>
-<indexterm><primary>Marijuana Policy Project</primary></indexterm>
-<indexterm><primary>NBC</primary></indexterm>
-<indexterm><primary>WJOA</primary></indexterm>
-<indexterm><primary>WRC</primary></indexterm>
-<indexterm><primary>advertising</primary></indexterm>
+diesel buses. Phillip Matier and Andrew Ross, <quote>Antidiesel Group
+Fuming After Muni Rejects Ad,</quote> SFGate.com, 16 June 2003,
+available at <ulink url="http://free-culture.cc/notes/">link
+#32</ulink>. The ground was that the criticism was <quote>too
+controversial.</quote>

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

+<indexterm startref='idxcommercials' class='endofrange'/>
+<indexterm startref='idxtelevisionadvertisingon' class='endofrange'/>

 <para>
 I'd be happy to defend the networks' rights, as well&mdash;if we lived
 in a media market that was truly diverse. But concentration in the
 <para>
 I'd be happy to defend the networks' rights, as well&mdash;if we lived
 in a media market that was truly diverse. But concentration in the


@@ -8467,9 +8992,9 @@ 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>


@@ -8576,7 +9101,7 @@ we could say the law began to look like this:
  </row>
  <row>
  <entry>Noncommercial</entry>
  </row>
  <row>
  <entry>Noncommercial</entry>

- <entry>&copy;/Free</entry>
+ <entry>&copy; / Free</entry>

  <entry>Free</entry>
  </row>
 </tbody>
  <entry>Free</entry>
  </row>
 </tbody>


@@ -8648,13 +9173,13 @@ property, the state ought to protect it. But first impressions
 notwithstanding, historically, this property right (as with all
 property rights<footnote><para>
 <!-- f36 -->
 notwithstanding, historically, this property right (as with all
 property rights<footnote><para>
 <!-- f36 -->

+<indexterm><primary>legal realist movement</primary></indexterm>

 It was the single most important contribution of the legal realist
 movement to demonstrate that all property rights are always crafted to
 balance public and private interests. See Thomas C. Grey, <quote>The
 Disintegration of Property,</quote> in <citetitle>Nomos XXII: Property</citetitle>, J. Roland
 Pennock and John W.  Chapman, eds. (New York: New York University
 Press, 1980).
 It was the single most important contribution of the legal realist
 movement to demonstrate that all property rights are always crafted to
 balance public and private interests. See Thomas C. Grey, <quote>The
 Disintegration of Property,</quote> in <citetitle>Nomos XXII: Property</citetitle>, J. Roland
 Pennock and John W.  Chapman, eds. (New York: New York University
 Press, 1980).

-<indexterm><primary>legal realist movement</primary></indexterm>

 </para></footnote>)
 has been crafted to balance the important need to give authors and
 artists incentives with the equally important need to assure access to
 </para></footnote>)
 has been crafted to balance the important need to give authors and
 artists incentives with the equally important need to assure access to


@@ -8671,19 +9196,23 @@ We achieved that free culture because our law respected important
 limits on the scope of the interests protected by <quote>property.</quote> The very
 birth of <quote>copyright</quote> as a statutory right recognized those limits, by
 granting copyright owners protection for a limited time only (the
 limits on the scope of the interests protected by <quote>property.</quote> The very
 birth of <quote>copyright</quote> as a statutory right recognized those limits, by
 granting copyright owners protection for a limited time only (the

-story of chapter 6). The tradition of <quote>fair use</quote> is animated by a
-similar concern that is increasingly under strain as the costs of
-exercising any fair use right become unavoidably high (the story of
-chapter 7). Adding
+story of chapter <xref xrefstyle="select: labelnumber"
+linkend="founders"/>). The tradition of <quote>fair use</quote> is
+animated by a similar concern that is increasingly under strain as the
+costs of exercising any fair use right become unavoidably high (the
+story of chapter <xref xrefstyle="select: labelnumber"
+linkend="recorders"/>). Adding

 <!-- PAGE BREAK 184 -->
 statutory rights where markets might stifle innovation is another
 <!-- PAGE BREAK 184 -->
 statutory rights where markets might stifle innovation is another

-familiar limit on the property right that copyright is (chapter
-8). And granting archives and libraries a broad freedom to collect,
-claims of property notwithstanding, is a crucial part of guaranteeing
-the soul of a culture (chapter 9). Free cultures, like free markets,
-are built with property. But the nature of the property that builds a
-free culture is very different from the extremist vision that
-dominates the debate today.
+familiar limit on the property right that copyright is (chapter <xref
+xrefstyle="select: labelnumber" linkend="transformers"/>). And
+granting archives and libraries a broad freedom to collect, claims of
+property notwithstanding, is a crucial part of guaranteeing the soul
+of a culture (chapter <xref xrefstyle="select: labelnumber"
+linkend="collectors"/>). Free cultures, like free markets, are built
+with property. But the nature of the property that builds a free
+culture is very different from the extremist vision that dominates the
+debate today.

 </para>
 <para>
 Free culture is increasingly the casualty in this war on piracy. In
 </para>
 <para>
 Free culture is increasingly the casualty in this war on piracy. In


@@ -8708,9 +9237,9 @@ 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


@@ -8791,8 +9320,8 @@ plot for murder mysteries. <quote>But the DNA shows with 100 percent
 certainty that she was not the person whose blood was at the
 scene. &hellip;</quote>
 </para>
 certainty that she was not the person whose blood was at the
 scene. &hellip;</quote>
 </para>

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

 <para>
 Before I had read about chimeras, I would have said they were
 impossible.  A single person can't have two sets of DNA. The very idea
 <para>
 Before I had read about chimeras, I would have said they were
 impossible.  A single person can't have two sets of DNA. The very idea


@@ -8898,7 +9427,7 @@ Name Students,</quote> <citetitle>Boston Globe</citetitle>, 8 August 2003, D3, a
 </para></footnote>
 
 </para>
 </para></footnote>
 
 </para>

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

 <para>
 Alternatively, we could respond to file sharing the way many kids act
 as though we've responded. We could totally legalize it. Let there be
 <para>
 Alternatively, we could respond to file sharing the way many kids act
 as though we've responded. We could totally legalize it. Let there be


@@ -9073,17 +9602,23 @@ on remote topics of science or culture. There is a vast amount of creative
 work spread across the Internet. But as the law is currently crafted, this
 work is presumptively illegal.
 </para>
 work spread across the Internet. But as the law is currently crafted, this
 work is presumptively illegal.
 </para>

+<indexterm><primary>WorldCom</primary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>in recording industry</secondary></indexterm>
+<indexterm><primary>doctors malpractice claims against</primary></indexterm>
+<indexterm><primary>Jordan, Jesse</primary></indexterm>

 <para>
 That presumption will increasingly chill creativity, as the
 examples of extreme penalties for vague infringements continue to
 proliferate. It is impossible to get a clear sense of what's allowed
 and what's not, and at the same time, the penalties for crossing the
 line are astonishingly harsh.  The four students who were threatened
 <para>
 That presumption will increasingly chill creativity, as the
 examples of extreme penalties for vague infringements continue to
 proliferate. It is impossible to get a clear sense of what's allowed
 and what's not, and at the same time, the penalties for crossing the
 line are astonishingly harsh.  The four students who were threatened

-by the RIAA ( Jesse Jordan of chapter 3 was just one) were threatened
-with a $98 billion lawsuit for building search engines that permitted
-songs to be copied. Yet World-Com&mdash;which defrauded investors of
-$11 billion, resulting in a loss to investors in market capitalization
-of over $200 billion&mdash;received a fine of a mere $750
+by the RIAA (Jesse Jordan of chapter <xref xrefstyle="select:
+labelnumber" linkend="catalogs"/> was just one) were threatened with a
+$98 billion lawsuit for building search engines that permitted songs
+to be copied. Yet World-Com&mdash;which defrauded investors of $11
+billion, resulting in a loss to investors in market capitalization of
+over $200 billion&mdash;received a fine of a mere $750

 million.<footnote><para>
 <!-- f1. -->
 See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at WorldCom</citetitle>
 million.<footnote><para>
 <!-- f1. -->
 See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at WorldCom</citetitle>


@@ -9091,7 +9626,7 @@ See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at WorldCom</ci
 the settlement, see MCI press release, <quote>MCI Wins U.S. District Court
 Approval for SEC Settlement</quote> (7 July 2003), available at
 <ulink url="http://free-culture.cc/notes/">link #37</ulink>.
 the settlement, see MCI press release, <quote>MCI Wins U.S. District Court
 Approval for SEC Settlement</quote> (7 July 2003), available at
 <ulink url="http://free-culture.cc/notes/">link #37</ulink>.

-<indexterm><primary>Worldcom</primary></indexterm>
+<indexterm><primary>WorldCom</primary></indexterm>

 </para></footnote>
 And under legislation being pushed in Congress right now, a doctor who
 negligently removes the wrong leg in an operation would be liable for
 </para></footnote>
 And under legislation being pushed in Congress right now, a doctor who
 negligently removes the wrong leg in an operation would be liable for


@@ -9112,7 +9647,6 @@ 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>


@@ -9231,6 +9765,9 @@ permission. That's the point at which they control it.
 </section>
 <section id="innovators">
 <title>Constraining Innovators</title>
 </section>
 <section id="innovators">
 <title>Constraining Innovators</title>

+<indexterm id='idxcopyrightlawinnovationhamperedby' class='startofrange'><primary>copyright law</primary><secondary>innovation hampered by</secondary></indexterm>
+<indexterm id='idxinnovationindustryestablishmentopposedto2' class='startofrange'><primary>innovation</primary><secondary>industry establishment opposed to</secondary></indexterm>
+<indexterm id='idxregulationasestablishmentprotectionism2' class='startofrange'><primary>regulation</primary><secondary>as establishment protectionism</secondary></indexterm>

 <para>
 The story of the last section was a crunchy-lefty
 story&mdash;creativity quashed, artists who can't speak, yada yada
 <para>
 The story of the last section was a crunchy-lefty
 story&mdash;creativity quashed, artists who can't speak, yada yada


@@ -9239,16 +9776,18 @@ weird art out there, and enough expression that is critical of what
 seems to be just about everything.  And if you think that, you might
 think there's little in this story to worry you.
 </para>
 seems to be just about everything.  And if you think that, you might
 think there's little in this story to worry you.
 </para>

+<indexterm id='idxmarketconstraints2' class='startofrange'><primary>market constraints</primary></indexterm>

 <para>
 But there's an aspect of this story that is not lefty in any sense.
 Indeed, it is an aspect that could be written by the most extreme
 promarket ideologue. And if you're one of these sorts (and a special
 <para>
 But there's an aspect of this story that is not lefty in any sense.
 Indeed, it is an aspect that could be written by the most extreme
 promarket ideologue. And if you're one of these sorts (and a special

-one at that, 188 pages into a book like this), then you can see this
-other aspect by substituting <quote>free market</quote> every place I've spoken of
-<quote>free culture.</quote>  The point is the same, even if the interests
-affecting culture are more fundamental.
+one at that, <xref xrefstyle="select: pagenumber"
+linkend="innovators"/> pages into a book like this), then you
+can see this other aspect by substituting <quote>free market</quote>
+every place I've spoken of <quote>free culture.</quote> The point is
+the same, even if the interests affecting culture are more
+fundamental.

 </para>
 </para>

-<indexterm><primary>market constraints</primary></indexterm>

 <para>
 The charge I've been making about the regulation of culture is the
 same charge free marketers make about regulating markets. Everyone, of
 <para>
 The charge I've been making about the regulation of culture is the
 same charge free marketers make about regulating markets. Everyone, of


@@ -9262,7 +9801,9 @@ perspectives are constantly attuned to the ways in which regulation
 simply enables the powerful industries of today to protect themselves
 against the competitors of tomorrow.
 </para>
 simply enables the powerful industries of today to protect themselves
 against the competitors of tomorrow.
 </para>

+<indexterm startref='idxmarketconstraints2' class='endofrange'/>

 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>

+<indexterm><primary>venture capitalists</primary></indexterm>

 <para>
 This is the single most dramatic effect of the shift in regulatory
 <!-- PAGE BREAK 198 -->
 <para>
 This is the single most dramatic effect of the shift in regulatory
 <!-- PAGE BREAK 198 -->


@@ -9276,11 +9817,15 @@ that were designed and executed to teach venture capitalists a
 lesson. That lesson&mdash;what former Napster CEO Hank Barry calls a
 <quote>nuclear pall</quote> that has fallen over the Valley&mdash;has been learned.
 </para>
 lesson. That lesson&mdash;what former Napster CEO Hank Barry calls a
 <quote>nuclear pall</quote> that has fallen over the Valley&mdash;has been learned.
 </para>

+<indexterm><primary>Future of Ideas, The (Lessig)</primary></indexterm>
+<indexterm><primary>Lessig, Lawrence</primary></indexterm>

 <para>
 Consider one example to make the point, a story whose beginning
 I told in <citetitle>The Future of Ideas</citetitle> and which has progressed in a way that
 even I (pessimist extraordinaire) would never have predicted.
 </para>
 <para>
 Consider one example to make the point, a story whose beginning
 I told in <citetitle>The Future of Ideas</citetitle> and which has progressed in a way that
 even I (pessimist extraordinaire) would never have predicted.
 </para>

+<indexterm id='idxmpcom' class='startofrange'><primary>MP3.com</primary></indexterm>
+<indexterm id='idxmympcom' class='startofrange'><primary>my.mp3.com</primary></indexterm>

 <indexterm><primary>Roberts, Michael</primary></indexterm>
 <para>
 In 1997, Michael Roberts launched a company called MP3.com.  MP3.com
 <indexterm><primary>Roberts, Michael</primary></indexterm>
 <para>
 In 1997, Michael Roberts launched a company called MP3.com.  MP3.com


@@ -9333,7 +9878,13 @@ had a copy of the CD they wanted to access. So while this was 50,000
 copies, it was 50,000 copies directed at giving customers something
 they had already bought.
 </para>
 copies, it was 50,000 copies directed at giving customers something
 they had already bought.
 </para>

-<indexterm id="idxvivendiuniversal" class='startofrange'><primary>Vivendi Universal</primary></indexterm>
+<indexterm id='idxvivendiuniversal' class='startofrange'><primary>Vivendi Universal</primary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>distribution technology targeted in</secondary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>exaggerated claims of</secondary></indexterm>
+<indexterm id='idxcopyrightinfringementlawsuitsinrecordingindustry3' class='startofrange'><primary>copyright infringement lawsuits</primary><secondary>in recording industry</secondary></indexterm>
+<indexterm><primary>recording industry</primary><secondary>copyright infringement lawsuits of</secondary></indexterm>
+<indexterm><primary>Recording Industry Association of America (RIAA)</primary><secondary>copyright infringement lawsuits filed by</secondary></indexterm>
+<indexterm><primary>regulation</primary><secondary>outsize penalties of</secondary></indexterm>

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


@@ -9357,6 +9908,7 @@ illegal; therefore, this lawsuit sought to punish any lawyer who had
 dared to suggest that the law was less restrictive than the labels
 demanded.
 </para>
 dared to suggest that the law was less restrictive than the labels
 demanded.
 </para>

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

 <para>
 The clear purpose of this lawsuit (which was settled for an
 unspecified amount shortly after the story was no longer covered in
 <para>
 The clear purpose of this lawsuit (which was settled for an
 unspecified amount shortly after the story was no longer covered in


@@ -9368,15 +9920,27 @@ industry directs its guns against them. It is also you. So those of
 you who believe the law should be less restrictive should realize that
 such a view of the law will cost you and your firm dearly.
 </para>
 you who believe the law should be less restrictive should realize that
 such a view of the law will cost you and your firm dearly.
 </para>

-<indexterm startref="idxvivendiuniversal" class='endofrange'/>
+<indexterm startref='idxmpcom' class='endofrange'/>
+<indexterm startref='idxmympcom' class='endofrange'/>
+<indexterm startref='idxcopyrightinfringementlawsuitsinrecordingindustry3' class='endofrange'/>
+<indexterm><primary>Barry, Hank</primary></indexterm>
+<indexterm><primary>copyright infringement lawsuits</primary><secondary>distribution technology targeted in</secondary></indexterm>
+<indexterm id='idxbmw' class='startofrange'><primary>BMW</primary></indexterm>
+<indexterm id='idxcarsmpsoundsystemsin' class='startofrange'><primary>cars, MP3 sound systems in</primary></indexterm>
+<indexterm><primary>EMI</primary></indexterm>

 <indexterm><primary>Hummer, John</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Hummer Winblad</primary></indexterm>
 <indexterm><primary>Hummer, John</primary></indexterm>
 <indexterm><primary>Barry, Hank</primary></indexterm>
 <indexterm><primary>Hummer Winblad</primary></indexterm>

+<indexterm><primary>MP3 players</primary></indexterm>
+<indexterm><primary>Napster</primary><secondary>venture capital for</secondary></indexterm>
+<indexterm id='idxneedlemanrafe' class='startofrange'><primary>Needleman, Rafe</primary></indexterm>
+<indexterm><primary>Universal Music Group</primary></indexterm>
+<indexterm><primary>venture capitalists</primary></indexterm>

 <para>
 This strategy is not just limited to the lawyers. In April 2003,
 Universal and EMI brought a lawsuit against Hummer Winblad, the
 venture capital firm (VC) that had funded Napster at a certain stage of
 <para>
 This strategy is not just limited to the lawyers. In April 2003,
 Universal and EMI brought a lawsuit against Hummer Winblad, the
 venture capital firm (VC) that had funded Napster at a certain stage of

-its development, its cofounder ( John Hummer), and general partner
+its development, its cofounder (John Hummer), and general partner

 (Hank Barry).<footnote><para>
 <!-- f4. -->
 See Joseph Menn, <quote>Universal, EMI Sue Napster Investor,</quote> <citetitle>Los Angeles
 (Hank Barry).<footnote><para>
 <!-- f4. -->
 See Joseph Menn, <quote>Universal, EMI Sue Napster Investor,</quote> <citetitle>Los Angeles


@@ -9399,12 +9963,8 @@ 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>
 </para>
 <blockquote>

-<indexterm><primary>BMW</primary></indexterm>
-<indexterm><primary>cars, MP3 sound system in</primary></indexterm>

 <para>
 I asked why, with all the storage capacity and computer power in
 the car, there was no way to play MP3 files. I was told that BMW
 <para>
 I asked why, with all the storage capacity and computer power in
 the car, there was no way to play MP3 files. I was told that BMW


@@ -9423,6 +9983,9 @@ to Dr. Mohammad Al-Ubaydli for this example.
 </para></footnote>
 </para>
 </blockquote>
 </para></footnote>
 </para>
 </blockquote>

+<indexterm startref='idxbmw' class='endofrange'/>
+<indexterm startref='idxcarsmpsoundsystemsin' class='endofrange'/>
+<indexterm startref='idxneedlemanrafe' class='endofrange'/>

 <para>
 This is the world of the mafia&mdash;filled with <quote>your money or your
 life</quote> offers, governed in the end not by courts but by the threats
 <para>
 This is the world of the mafia&mdash;filled with <quote>your money or your
 life</quote> offers, governed in the end not by courts but by the threats


@@ -9458,7 +10021,7 @@ creativity generally. Free market and free culture depend upon vibrant
 competition.  Yet the effect of the law today is to stifle just this
 kind of competition.  The effect is to produce an overregulated
 culture, just as the effect of too much control in the market is to
 competition.  Yet the effect of the law today is to stifle just this
 kind of competition.  The effect is to produce an overregulated
 culture, just as the effect of too much control in the market is to

-produce an overregulatedregulated market.
+produce an overregulated-regulated market.

 </para>
 <para>
 The building of a permission culture, rather than a free culture, is
 </para>
 <para>
 The building of a permission culture, rather than a free culture, is


@@ -9528,6 +10091,7 @@ 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


@@ -9539,7 +10103,6 @@ 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


@@ -9554,6 +10117,8 @@ wrong, it is regulation the powerful use to defeat competitors.
 </para>
 <indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
 <indexterm><primary>VCRs</primary></indexterm>
 </para>
 <indexterm><primary>cassette recording</primary><secondary>VCRs</secondary></indexterm>
 <indexterm><primary>VCRs</primary></indexterm>

+<indexterm><primary>statutory licenses</primary></indexterm>
+<indexterm><primary>copyright law</primary><secondary>statutory licenses in</secondary></indexterm>

 <para>
 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


@@ -9563,9 +10128,11 @@ Copyright</citetitle>,<footnote><para>
 <!-- f9. -->
 Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst,
 N.Y.: Prometheus Books, 2001).
 <!-- f9. -->
 Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst,
 N.Y.: Prometheus Books, 2001).

+<indexterm><primary>Digital Copyright (Litman)</primary></indexterm>

 <indexterm><primary>Litman, Jessica</primary></indexterm>
 </para></footnote>
 <indexterm><primary>Litman, Jessica</primary></indexterm>
 </para></footnote>

-overall this history of copyright is not bad. As chapter 10 details,
+overall this history of copyright is not bad. As chapter
+<xref xrefstyle="select: labelnumber" linkend="property-i"/> details,

 when new technologies have come along, Congress has struck a balance
 to assure that the new is protected from the old. Compulsory, or
 statutory, licenses have been one part of that strategy. Free use (as
 when new technologies have come along, Congress has struck a balance
 to assure that the new is protected from the old. Compulsory, or
 statutory, licenses have been one part of that strategy. Free use (as


@@ -9578,6 +10145,8 @@ the claims of a new technology and the legitimate rights of content
 creators, both the courts and Congress have imposed legal restrictions
 that will have the effect of smothering the new to benefit the old.
 </para>
 creators, both the courts and Congress have imposed legal restrictions
 that will have the effect of smothering the new to benefit the old.
 </para>

+<indexterm id='idxinternetradioon' class='startofrange'><primary>Internet</primary><secondary>radio on</secondary></indexterm>
+<indexterm id='idxradiooninternet' class='startofrange'><primary>radio</primary><secondary>on Internet</secondary></indexterm>

 <para>
 The response by the courts has been fairly universal.<footnote><para>
 <!-- f10. -->
 <para>
 The response by the courts has been fairly universal.<footnote><para>
 <!-- f10. -->


@@ -9601,6 +10170,9 @@ implemented by Congress. I won't catalog all of those responses
 here.<footnote><para>
 <!-- f11. -->
 <indexterm><primary>Tauzin, Billy</primary></indexterm>
 here.<footnote><para>
 <!-- f11. -->
 <indexterm><primary>Tauzin, Billy</primary></indexterm>

+<indexterm><primary>Berman, Howard L.</primary></indexterm>
+<indexterm><primary>Hollings, Fritz</primary></indexterm>
+<indexterm><primary>broadcast flag</primary></indexterm>

 For example, in July 2002, Representative Howard Berman introduced the
 Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize
 copyright holders from liability for damage done to computers when the
 For example, in July 2002, Representative Howard Berman introduced the
 Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize
 copyright holders from liability for damage done to computers when the


@@ -9615,14 +10187,12 @@ technology in all digital media devices. See GartnerG2, <quote>Copyright and
 Digital Media in a Post-Napster World,</quote> 27 June 2003, 33&ndash;34,
 available at
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.
 Digital Media in a Post-Napster World,</quote> 27 June 2003, 33&ndash;34,
 available at
 <ulink url="http://free-culture.cc/notes/">link #44</ulink>.

-<indexterm><primary>Berman, Howard L.</primary></indexterm>
-<indexterm><primary>Hollings, Fritz</primary></indexterm>
-<indexterm><primary>broadcast flag</primary></indexterm>

 </para></footnote>
 But there is one example that captures the flavor of them all. This is
 the story of the demise of Internet radio.
 </para>
 <indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
 </para></footnote>
 But there is one example that captures the flavor of them all. This is
 the story of the demise of Internet radio.
 </para>
 <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 -->


@@ -9635,7 +10205,6 @@ 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


@@ -9720,7 +10289,15 @@ those imposed by the law. Copyright law is one such law. So the first
 question we should ask is, what copyright rules would govern Internet
 radio?
 </para>
 question we should ask is, what copyright rules would govern Internet
 radio?
 </para>

-<indexterm id='idxartistspayments2' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm id='idxartistsrecordingindustrypaymentsto3' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on copyright laws</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on radio</secondary></indexterm>
+<indexterm><primary>Congress, U.S.</primary><secondary>on recording industry</secondary></indexterm>
+<indexterm id='idxrecordingindustryartistremunerationin3' class='startofrange'><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>
+<indexterm id='idxrecordingindustryradiobroadcastand2' class='startofrange'><primary>recording industry</primary><secondary>radio broadcast and</secondary></indexterm>
+<indexterm id='idxrecordingindustryinternetradiohamperedby' class='startofrange'><primary>recording industry</primary><secondary>Internet radio hampered by</secondary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaaoninternetradiofees' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>on Internet radio fees</secondary></indexterm>
+<indexterm id='idxrecordingindustryassociationofamericariaalobbyingpowerof' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>lobbying power of</secondary></indexterm>

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


@@ -9767,7 +10344,11 @@ interests, that could have been done in a media-neutral way.</quote>
 A regular radio station broadcasting the same content would pay no
 equivalent fee.
 </para>
 A regular radio station broadcasting the same content would pay no
 equivalent fee.
 </para>

-<indexterm startref='idxartistspayments2' class='endofrange'/>
+<indexterm startref='idxartistsrecordingindustrypaymentsto3' class='endofrange'/>
+<indexterm startref='idxrecordingindustryartistremunerationin3' class='endofrange'/>
+<indexterm startref='idxrecordingindustryradiobroadcastand2' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaaoninternetradiofees' class='endofrange'/>
+<indexterm startref='idxrecordingindustryassociationofamericariaalobbyingpowerof' class='endofrange'/>

 <para>
 The burden is not financial only. Under the original rules that were
 proposed, an Internet radio station (but not a terrestrial radio
 <para>
 The burden is not financial only. Under the original rules that were
 proposed, an Internet radio station (but not a terrestrial radio


@@ -9852,7 +10433,7 @@ unique user identifier;
 the country in which the user received the transmissions.
 </para></listitem>
 </orderedlist>
 the country in which the user received the transmissions.
 </para></listitem>
 </orderedlist>

-
+<indexterm><primary>Library of Congress</primary></indexterm>

 <para>
 The Librarian of Congress eventually suspended these reporting
 requirements, pending further study. And he also changed the original
 <para>
 The Librarian of Congress eventually suspended these reporting
 requirements, pending further study. And he also changed the original


@@ -9868,6 +10449,9 @@ 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>
 </para>
 <indexterm><primary>Real Networks</primary></indexterm>
 <indexterm id='idxalbenalex2' class='startofrange'><primary>Alben, Alex</primary></indexterm>

+<indexterm id='idxrecordingindustryassociationofamericariaaoninternetradiofees2' class='startofrange'><primary>Recording Industry Association of America (RIAA)</primary><secondary>on Internet radio fees</secondary></indexterm>
+<indexterm id='idxartistsrecordingindustrypaymentsto4' class='startofrange'><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
+<indexterm id='idxrecordingindustryartistremunerationin4' class='startofrange'><primary>recording industry</primary><secondary>artist remuneration in</secondary></indexterm>

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


@@ -9899,6 +10483,9 @@ added.)
 </para>
 </blockquote>
 <indexterm startref='idxalbenalex2' class='endofrange'/>
 </para>
 </blockquote>
 <indexterm startref='idxalbenalex2' class='endofrange'/>

+<indexterm startref='idxrecordingindustryassociationofamericariaaoninternetradiofees2' class='endofrange'/>
+<indexterm startref='idxartistsrecordingindustrypaymentsto4' class='endofrange'/>
+<indexterm startref='idxrecordingindustryartistremunerationin4' class='endofrange'/>

 <para>
 Translation: The aim is to use the law to eliminate competition, so
 that this platform of potentially immense competition, which would
 <para>
 Translation: The aim is to use the law to eliminate competition, so
 that this platform of potentially immense competition, which would


@@ -9908,6 +10495,12 @@ or the left, who should endorse this use of the law. And yet there is
 practically no one, on either the right or the left, who is doing anything
 effective to prevent it.
 </para>
 practically no one, on either the right or the left, who is doing anything
 effective to prevent it.
 </para>

+<indexterm startref='idxcopyrightlawinnovationhamperedby' class='endofrange'/>
+<indexterm startref='idxinnovationindustryestablishmentopposedto2' class='endofrange'/>
+<indexterm startref='idxregulationasestablishmentprotectionism2' class='endofrange'/>
+<indexterm startref='idxinternetradioon' class='endofrange'/>
+<indexterm startref='idxradiooninternet' class='endofrange'/>
+<indexterm startref='idxrecordingindustryinternetradiohamperedby' class='endofrange'/>

 </section>
 <section id="corruptingcitizens">
 <title>Corrupting Citizens</title>
 </section>
 <section id="corruptingcitizens">
 <title>Corrupting Citizens</title>


@@ -9972,6 +10565,7 @@ 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


@@ -10008,8 +10602,8 @@ 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


@@ -10026,7 +10620,6 @@ 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


@@ -10190,10 +10783,10 @@ 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>


@@ -10290,6 +10883,7 @@ 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


@@ -10303,7 +10897,6 @@ 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>


@@ -10400,7 +10993,8 @@ 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='idxeldrederic' class='startofrange'><primary>Eldred, Eric</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


@@ -10410,6 +11004,8 @@ Hampshire, decided to put Hawthorne on the Web. An electronic version,
 Eldred thought, with links to pictures and explanatory text, would
 make this nineteenth-century author's work come alive.
 </para>
 Eldred thought, with links to pictures and explanatory text, would
 make this nineteenth-century author's work come alive.
 </para>

+<indexterm id='idxlibrariesofpublicdomainliterature' class='startofrange'><primary>libraries</primary><secondary>of public-domain literature</secondary></indexterm>
+<indexterm id='idxpublicdomainlibraryofworksderivedfrom' class='startofrange'><primary>public domain</primary><secondary>library of works derived from</secondary></indexterm>

 <para>
 It didn't work&mdash;at least for his daughters. They didn't find
 Hawthorne any more interesting than before. But Eldred's experiment
 <para>
 It didn't work&mdash;at least for his daughters. They didn't find
 Hawthorne any more interesting than before. But Eldred's experiment


@@ -10417,6 +11013,8 @@ 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


@@ -10428,6 +11026,7 @@ accessible to the twentieth century, Eldred transformed Hawthorne, and
 many others, into a form more accessible&mdash;technically
 accessible&mdash;today.
 </para>
 many others, into a form more accessible&mdash;technically
 accessible&mdash;today.
 </para>

+<indexterm><primary>Scarlet Letter, The (Hawthorne)</primary></indexterm>

 <para>
 Eldred's freedom to do this with Hawthorne's work grew from the same
 source as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed into the
 <para>
 Eldred's freedom to do this with Hawthorne's work grew from the same
 source as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed into the


@@ -10440,7 +11039,8 @@ 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


@@ -10453,6 +11053,7 @@ social causes. But with the Internet, it includes a wide range of
 individuals and groups dedicated to spreading culture
 generally.<footnote><para>
 <!-- f1. -->
 individuals and groups dedicated to spreading culture
 generally.<footnote><para>
 <!-- f1. -->

+<indexterm><primary>pornography</primary></indexterm>

 There's a parallel here with pornography that is a bit hard to
 describe, but it's a strong one. One phenomenon that the Internet
 created was a world of noncommercial pornographers&mdash;people who
 There's a parallel here with pornography that is a bit hard to
 describe, but it's a strong one. One phenomenon that the Internet
 created was a world of noncommercial pornographers&mdash;people who


@@ -10469,6 +11070,13 @@ world before the Internet were extremely few. Yet one would think it
 at least as important to protect the Eldreds of the world as to
 protect noncommercial pornographers.</para></footnote>
 </para>
 at least as important to protect the Eldreds of the world as to
 protect noncommercial pornographers.</para></footnote>
 </para>

+<indexterm id='idxcongressuscopyrighttermsextendedby2' class='startofrange'><primary>Congress, U.S.</primary><secondary>copyright terms extended by</secondary></indexterm>
+<indexterm id='idxcopyrightdurationof6' class='startofrange'><primary>copyright</primary><secondary>duration of</secondary></indexterm>
+<indexterm id='idxcopyrightlawtermextensionsin2' class='startofrange'><primary>copyright law</primary><secondary>term extensions in</secondary></indexterm>
+<indexterm><primary>Frost, Robert</primary></indexterm>
+<indexterm><primary>New Hampshire (Frost)</primary></indexterm>
+<indexterm><primary>patents</primary><secondary>in public domain</secondary></indexterm>
+<indexterm id='idxpatentsfuturepatentsvsfuturecopyrightsin' class='startofrange'><primary>patents</primary><secondary>future patents vs. future copyrights in</secondary></indexterm>

 <para>
 As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's
 collection of poems <citetitle>New Hampshire</citetitle> was slated to
 <para>
 As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's
 collection of poems <citetitle>New Hampshire</citetitle> was slated to


@@ -10483,8 +11091,12 @@ would pass into the public domain until that year (and not even then,
 if Congress extends the term again). By contrast, in the same period,
 more than 1 million patents will pass into the public domain.
 </para>
 if Congress extends the term again). By contrast, in the same period,
 more than 1 million patents will pass into the public domain.
 </para>

+<indexterm startref='idxlibrariesofpublicdomainliterature' class='endofrange'/>
+<indexterm startref='idxpublicdomainlibraryofworksderivedfrom' class='endofrange'/>

 <indexterm><primary>Bono, Mary</primary></indexterm>
 <indexterm><primary>Bono, Sonny</primary></indexterm>
 <indexterm><primary>Bono, Mary</primary></indexterm>
 <indexterm><primary>Bono, Sonny</primary></indexterm>

+<indexterm id='idxcopyrightinperpetuity4' class='startofrange'><primary>copyright</primary><secondary>in perpetuity</secondary></indexterm>
+<indexterm id='idxsonnybonocopyrighttermextensionactctea2' class='startofrange'><primary>Sonny Bono Copyright Term Extension Act (CTEA) (1998)</primary></indexterm>

 <para>
 
 <!-- PAGE BREAK 222 -->
 <para>
 
 <!-- PAGE BREAK 222 -->


@@ -10503,8 +11115,12 @@ you know, there is also Jack Valenti's proposal for a term to last
 forever less one day. Perhaps the Committee may look at that next
 Congress,</quote> 144 Cong. Rec. H9946, 9951-2 (October 7, 1998).
 </para></footnote>
 forever less one day. Perhaps the Committee may look at that next
 Congress,</quote> 144 Cong. Rec. H9946, 9951-2 (October 7, 1998).
 </para></footnote>

-

 </para>
 </para>

+<indexterm startref='idxpatentsfuturepatentsvsfuturecopyrightsin' class='endofrange'/>
+<indexterm><primary>copyright law</primary><secondary>felony punishment for infringement of</secondary></indexterm>
+<indexterm><primary>NET (No Electronic Theft) Act (1998)</primary></indexterm>
+<indexterm><primary>No Electronic Theft (NET) Act (1998)</primary></indexterm>
+<indexterm><primary>peer-to-peer (p2p) file sharing</primary><secondary>felony punishments for</secondary></indexterm>

 <para>
 Eldred decided to fight this law. He first resolved to fight it through
 civil disobedience. In a series of interviews, Eldred announced that he
 <para>
 Eldred decided to fight this law. He first resolved to fight it through
 civil disobedience. In a series of interviews, Eldred announced that he


@@ -10514,6 +11130,11 @@ of publishing would make Eldred a felon&mdash;whether or not anyone
 complained. This was a dangerous strategy for a disabled programmer
 to undertake.
 </para>
 complained. This was a dangerous strategy for a disabled programmer
 to undertake.
 </para>

+<indexterm startref='idxsonnybonocopyrighttermextensionactctea2' class='endofrange'/>
+<indexterm id='idxcongressusconstitutionalpowersof' class='startofrange'><primary>Congress, U.S.</primary><secondary>constitutional powers of</secondary></indexterm>
+<indexterm id='idxconstitutionusprogressclauseof2' class='startofrange'><primary>Constitution, U.S.</primary><secondary>Progress Clause of</secondary></indexterm>
+<indexterm id='idxprogressclause2' class='startofrange'><primary>Progress Clause</primary></indexterm>
+<indexterm id='idxlessiglawrenceeldredcaseinvolvementof' class='startofrange'><primary>Lessig, Lawrence</primary><secondary>Eldred case involvement of</secondary></indexterm>

 <para>
 It was here that I became involved in Eldred's battle. I was a 
                constitutional
 <para>
 It was here that I became involved in Eldred's battle. I was a 
                constitutional


@@ -10531,6 +11152,7 @@ by securing for limited Times to Authors &hellip; exclusive Right to
 their &hellip; Writings. &hellip;
 </para>
 </blockquote>
 their &hellip; Writings. &hellip;
 </para>
 </blockquote>

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

 <para>
 As I've described, this clause is unique within the power-granting
 clause of Article I, section 8 of our Constitution. Every other clause
 <para>
 As I've described, this clause is unique within the power-granting
 clause of Article I, section 8 of our Constitution. Every other clause


@@ -10541,6 +11163,10 @@ 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 startref='idxconstitutionusprogressclauseof2' class='endofrange'/>
+<indexterm startref='idxprogressclause2' class='endofrange'/>
+<indexterm startref='idxlessiglawrenceeldredcaseinvolvementof' class='endofrange'/>
+<indexterm><primary>Jaszi, Peter</primary></indexterm>

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


@@ -10551,8 +11177,10 @@ 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>

+<indexterm startref='idxcopyrightinperpetuity4' class='endofrange'/>
+<indexterm startref='idxcongressusconstitutionalpowersof' class='endofrange'/>
+<indexterm><primary>Lessig, Lawrence</primary><secondary>Eldred case involvement of</secondary></indexterm>

 <para>
 As an academic, my first response was to hit the books. I remember
 sitting late at the office, scouring on-line databases for any serious
 <para>
 As an academic, my first response was to hit the books. I remember
 sitting late at the office, scouring on-line databases for any serious


@@ -10698,6 +11326,9 @@ constitutional requirement that terms be <quote>limited.</quote> If
 they could extend it once, they would extend it again and again and
 again.
 </para>
 they could extend it once, they would extend it again and again and
 again.
 </para>

+<indexterm startref='idxcongressuscopyrighttermsextendedby2' class='endofrange'/>
+<indexterm startref='idxcopyrightdurationof6' class='endofrange'/>
+<indexterm startref='idxcopyrightlawtermextensionsin2' class='endofrange'/>

 <para>
 It was also my judgment that <emphasis>this</emphasis> Supreme Court
 would not allow Congress to extend existing terms. As anyone close to
 <para>
 It was also my judgment that <emphasis>this</emphasis> Supreme Court
 would not allow Congress to extend existing terms. As anyone close to


@@ -10792,6 +11423,10 @@ 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


@@ -10810,6 +11445,7 @@ 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
 


@@ -10825,7 +11461,6 @@ 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 


@@ -10957,6 +11592,7 @@ for other creative works is much more dire.
 <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 id='idxageemichael' class='startofrange'><primary>Agee, Michael</primary></indexterm>
 <indexterm><primary>Hal Roach Studios</primary></indexterm>
 <indexterm><primary>Laurel and Hardy Films</primary></indexterm>

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

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


@@ -10974,8 +11610,6 @@ 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


@@ -11000,7 +11634,7 @@ For most of the history of film, the costs of restoring film were very
 high; digital technology has lowered these costs substantially. While
 it cost more than $10,000 to restore a ninety-minute black-and-white
 film in 1993, it can now cost as little as $100 to digitize one hour of
 high; digital technology has lowered these costs substantially. While
 it cost more than $10,000 to restore a ninety-minute black-and-white
 film in 1993, it can now cost as little as $100 to digitize one hour of

-mm film.<footnote><para>
+8 mm film.<footnote><para>

 <!-- f12. -->
 Brief of Hal Roach Studios and Michael Agee as Amicus Curiae
 Supporting the Petitoners, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537
 <!-- f12. -->
 Brief of Hal Roach Studios and Michael Agee as Amicus Curiae
 Supporting the Petitoners, <citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537


@@ -11186,7 +11820,7 @@ market is not doing the job, then we should allow nonmarket forces the
 <!-- PAGE BREAK 235 -->
 freedom to fill the gaps. As one researcher calculated for American
 culture, 94 percent of the films, books, and music produced between
 <!-- PAGE BREAK 235 -->
 freedom to fill the gaps. As one researcher calculated for American
 culture, 94 percent of the films, books, and music produced between

-and 1946 is not commercially available. However much you love the
+1923 and 1946 is not commercially available. However much you love the

 commercial market, if access is a value, then 6 percent is a failure
 to provide that value.<footnote><para>
 <!-- f13. -->
 commercial market, if access is a value, then 6 percent is a failure
 to provide that value.<footnote><para>
 <!-- f13. -->


@@ -11342,6 +11976,8 @@ 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


@@ -11355,8 +11991,6 @@ 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


@@ -11366,30 +12000,30 @@ existing copyrights, there is no limit to Congress's power to set
 terms.  That strong conservative argument persuaded a strong
 conservative judge, Judge Sentelle.
 </para>
 terms.  That strong conservative argument persuaded a strong
 conservative judge, Judge Sentelle.
 </para>

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

 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 it gets. They included an extraordinary historical brief by the Free
 
 <!-- PAGE BREAK 239 -->
 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 it gets. They included an extraordinary historical brief by the Free
 
 <!-- PAGE BREAK 239 -->

-Software Foundation (home of the GNU project that made GNU/ Linux
+Software Foundation (home of the GNU project that made GNU/Linux

 possible). They included a powerful brief about the costs of
 uncertainty by Intel. There were two law professors' briefs, one by
 copyright scholars and one by First Amendment scholars. There was an
 exhaustive and uncontroverted brief by the world's experts in the
 history of the Progress Clause. And of course, there was a new brief
 by Eagle Forum, repeating and strengthening its arguments.
 possible). They included a powerful brief about the costs of
 uncertainty by Intel. There were two law professors' briefs, one by
 copyright scholars and one by First Amendment scholars. There was an
 exhaustive and uncontroverted brief by the world's experts in the
 history of the Progress Clause. And of course, there was a new brief
 by Eagle Forum, repeating and strengthening its arguments.

-<indexterm><primary>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>


@@ -11415,6 +12049,10 @@ 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


@@ -11428,11 +12066,10 @@ Kathleen Sullivan, who had argued many cases in the Court, and
 <!-- PAGE BREAK 240 -->
 who had advised us early on about a First Amendment strategy; and
 finally, former solicitor general Charles Fried.
 <!-- PAGE BREAK 240 -->
 who had advised us early on about a First Amendment strategy; and
 finally, former solicitor general Charles Fried.

-<indexterm><primary>Fried, Charles</primary></indexterm>
-<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>
+<indexterm><primary>Congress, U.S.</primary><secondary>constitutional powers of</secondary></indexterm>
+<indexterm><primary>Constitution, U.S.</primary><secondary>Commerce Clause of</secondary></indexterm>

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


@@ -11444,7 +12081,6 @@ 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


@@ -11462,6 +12098,9 @@ that the copyright holders would defend the idea that they should
 continue to have the right to control who did what with content they
 wanted to control.
 </para>
 continue to have the right to control who did what with content they
 wanted to control.
 </para>

+<indexterm><primary>Gershwin, George</primary></indexterm>
+<indexterm><primary>Porgy and Bess</primary></indexterm>
+<indexterm><primary>pornography</primary></indexterm>

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


@@ -11485,7 +12124,6 @@ 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


@@ -11642,12 +12280,12 @@ 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


@@ -12005,11 +12643,11 @@ 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


@@ -12024,13 +12662,13 @@ 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


@@ -12075,7 +12713,7 @@ unfair. But the punch in the face felt exactly like that.
 </para>
 <figure id="fig-18">
 <title>Tom the Dancing Bug cartoon</title>
 </para>
 <figure id="fig-18">
 <title>Tom the Dancing Bug cartoon</title>

-<graphic fileref="images/18.png"></graphic>
+<graphic fileref="images/18.png" align="center" width="95%"></graphic>

 <indexterm><primary>Bolling, Ruben</primary></indexterm>
 </figure>
 <para>
 <indexterm><primary>Bolling, Ruben</primary></indexterm>
 </figure>
 <para>


@@ -12344,6 +12982,7 @@ 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


@@ -12352,7 +12991,6 @@ 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


@@ -12487,9 +13125,12 @@ 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='idxafricamedicationsforhivpatientsin' class='startofrange'><primary>Africa, medications for HIV patients in</primary></indexterm>
+<indexterm id='idxaidsmedications' class='startofrange'><primary>AIDS medications</primary></indexterm>
+<indexterm id='idxantiretroviraldrugs' class='startofrange'><primary>antiretroviral drugs</primary></indexterm>
+<indexterm id='idxdevelopingcountriesforeignpatentcostsin2' class='startofrange'><primary>developing countries, foreign patent costs in</primary></indexterm>
+<indexterm id='idxdrugspharmaceutical' class='startofrange'><primary>drugs</primary><secondary>pharmaceutical</secondary></indexterm>
+<indexterm id='idxhivaidstherapies' class='startofrange'><primary>HIV/AIDS therapies</primary></indexterm>

 <para>
 <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


@@ -12522,6 +13163,8 @@ issued 9 July 2002, only 230,000 of the 6 million who need drugs in
 the developing world receive them&mdash;and half of them are in Brazil.
 </para></footnote>
 </para>
 the developing world receive them&mdash;and half of them are in Brazil.
 </para></footnote>
 </para>

+<indexterm id='idxpatentsonpharmaceuticals' class='startofrange'><primary>patents</primary><secondary>on pharmaceuticals</secondary></indexterm>
+<indexterm id='idxpharmaceuticalpatents' class='startofrange'><primary>pharmaceutical patents</primary></indexterm>

 <para>
 <!-- PAGE BREAK 265 -->
 These prices are not high because the ingredients of the drugs are
 <para>
 <!-- PAGE BREAK 265 -->
 These prices are not high because the ingredients of the drugs are


@@ -12549,6 +13192,9 @@ African leaders began to recognize the devastation that AIDS was
 bringing, they started looking for ways to import HIV treatments at
 costs significantly below the market price.
 </para>
 bringing, they started looking for ways to import HIV treatments at
 costs significantly below the market price.
 </para>

+<indexterm id='idxinternationallaw2' class='startofrange'><primary>international law</primary></indexterm>
+<indexterm id='idxparallelimportation' class='startofrange'><primary>parallel importation</primary></indexterm>
+<indexterm id='idxsouthafricarepublicofpharmaceuticalimportsby' class='startofrange'><primary>South Africa, Republic of, pharmaceutical imports by</primary></indexterm>

 <para>
 In 1997, South Africa tried one tack. It passed a law to allow the
 importation of patented medicines that had been produced or sold in
 <para>
 In 1997, South Africa tried one tack. It passed a law to allow the
 importation of patented medicines that had been produced or sold in


@@ -12565,6 +13211,7 @@ Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), 37.
 <indexterm><primary>Drahos, Peter</primary></indexterm>
 </para></footnote>
 </para>
 <indexterm><primary>Drahos, Peter</primary></indexterm>
 </para></footnote>
 </para>

+<indexterm><primary>United States Trade Representative (USTR)</primary></indexterm>

 <para>
 However, the United States government opposed the bill. Indeed, more
 than opposed. As the International Intellectual Property Association
 <para>
 However, the United States government opposed the bill. Indeed, more
 than opposed. As the International Intellectual Property Association


@@ -12604,6 +13251,7 @@ Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan
 Africa, a Report Prepared for the World Intellectual Property
 Organization</citetitle> (Washington, D.C., 2000), 15.  </para></footnote>
 </para>
 Africa, a Report Prepared for the World Intellectual Property
 Organization</citetitle> (Washington, D.C., 2000), 15.  </para></footnote>
 </para>

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

 <para>
 We should place the intervention by the United States in context.  No
 doubt patents are not the most important reason that Africans don't
 <para>
 We should place the intervention by the United States in context.  No
 doubt patents are not the most important reason that Africans don't


@@ -12658,6 +13306,7 @@ drugs should not flow into Africa. It was a principle about the
 importance of <quote>intellectual property</quote> that led these government actors
 to intervene against the South African response to AIDS.
 </para>
 importance of <quote>intellectual property</quote> that led these government actors
 to intervene against the South African response to AIDS.
 </para>

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

 <para>
 Now just step back for a moment. There will be a time thirty years
 from now when our children look back at us and ask, how could we have
 <para>
 Now just step back for a moment. There will be a time thirty years
 from now when our children look back at us and ask, how could we have


@@ -12668,6 +13317,7 @@ idea?  What possible justification could there ever be for a policy
 that results in so many deaths? What exactly is the insanity that
 would allow so many to die for such an abstraction?
 </para>
 that results in so many deaths? What exactly is the insanity that
 would allow so many to die for such an abstraction?
 </para>

+<indexterm id='idxcorporationsinpharmaceuticalindustry' class='startofrange'><primary>corporations</primary><secondary>in pharmaceutical industry</secondary></indexterm>

 <para>
 Some blame the drug companies. I don't. They are corporations.
 Their managers are ordered by law to make money for the corporation.
 <para>
 Some blame the drug companies. I don't. They are corporations.
 Their managers are ordered by law to make money for the corporation.


@@ -12684,6 +13334,7 @@ elsewhere.  There are issues they'd have to resolve to make sure the
 drugs didn't get back into the United States, but those are mere
 problems of technology.  They could be overcome.
 </para>
 drugs didn't get back into the United States, but those are mere
 problems of technology.  They could be overcome.
 </para>

+<indexterm id='idxintellectualpropertyrightsofdrugpatents' class='startofrange'><primary>intellectual property rights</primary><secondary>of drug patents</secondary></indexterm>

 <para>
 A different problem, however, could not be overcome. This is the
 fear of the grandstanding politician who would call the presidents of
 <para>
 A different problem, however, could not be overcome. This is the
 fear of the grandstanding politician who would call the presidents of


@@ -12699,6 +13350,13 @@ unintended consequence that perhaps millions die. And that rational
 strategy thus becomes framed in terms of this ideal&mdash;the sanctity of an
 idea called <quote>intellectual property.</quote>
 </para>
 strategy thus becomes framed in terms of this ideal&mdash;the sanctity of an
 idea called <quote>intellectual property.</quote>
 </para>

+<indexterm startref='idxafricamedicationsforhivpatientsin' class='endofrange'/>
+<indexterm startref='idxaidsmedications' class='endofrange'/>
+<indexterm startref='idxantiretroviraldrugs' class='endofrange'/>
+<indexterm startref='idxdevelopingcountriesforeignpatentcostsin2' class='endofrange'/>
+<indexterm startref='idxdrugspharmaceutical' class='endofrange'/>
+<indexterm startref='idxhivaidstherapies' class='endofrange'/>
+<indexterm startref='idxcorporationsinpharmaceuticalindustry' class='endofrange'/>

 <para>
 So when the common sense of your child confronts you, what will
 you say? When the common sense of a generation finally revolts
 <para>
 So when the common sense of your child confronts you, what will
 you say? When the common sense of a generation finally revolts


@@ -12717,6 +13375,9 @@ in any case. A sensible policy, in other words, could be a balanced
 policy. For most of our history, both copyright and patent policies
 were balanced in just this sense.
 </para>
 policy. For most of our history, both copyright and patent policies
 were balanced in just this sense.
 </para>

+<indexterm startref='idxpatentsonpharmaceuticals' class='endofrange'/>
+<indexterm startref='idxpharmaceuticalpatents' class='endofrange'/>
+<indexterm startref='idxinternationallaw2' class='endofrange'/>

 <para>
 But we as a culture have lost this sense of balance. We have lost the
 critical eye that helps us see the difference between truth and
 <para>
 But we as a culture have lost this sense of balance. We have lost the
 critical eye that helps us see the difference between truth and


@@ -12725,9 +13386,7 @@ our tradition, now reigns in this culture&mdash;bizarrely, and with
 consequences more grave to the spread of ideas and culture than almost
 any other single policy decision that we as a democracy will make.
 </para>
 consequences more grave to the spread of ideas and culture than almost
 any other single policy decision that we as a democracy will make.
 </para>

-<indexterm startref="idxafricahivmed" class='endofrange'/>
-<indexterm startref="idxhivaidstherapies" class='endofrange'/>
-<indexterm startref="idxantiretroviraldrugs" class='endofrange'/>
+<indexterm startref='idxintellectualpropertyrightsofdrugpatents' class='endofrange'/>

 <para>
 <emphasis role='strong'>A simple idea</emphasis> blinds us, and under
 the cover of darkness, much happens that most of us would reject if
 <para>
 <emphasis role='strong'>A simple idea</emphasis> blinds us, and under
 the cover of darkness, much happens that most of us would reject if


@@ -12756,9 +13415,21 @@ 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>academic journals</primary></indexterm>
+<indexterm><primary>biomedical research</primary></indexterm>
+<indexterm id='idxintellectualpropertyrightsinternationalorganizationonissuesof' class='startofrange'><primary>intellectual property rights</primary><secondary>international organization on issues of</secondary></indexterm>
+<indexterm><primary>Internet</primary><secondary>development of</secondary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>
+<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
+<indexterm><primary>Public Library of Science (PLoS)</primary></indexterm>
+<indexterm><primary>public domain</primary><secondary>public projects in</secondary></indexterm>
+<indexterm><primary>single nucleotied polymorphisms (SNPs)</primary></indexterm>
+<indexterm><primary>Wellcome Trust</primary></indexterm>
+<indexterm id='idxworldintellectualpropertyorganizationwipo' class='startofrange'><primary>World Intellectual Property Organization (WIPO)</primary></indexterm>
+<indexterm><primary>World Wide Web</primary></indexterm>
+<indexterm><primary>Global Positioning System</primary></indexterm>

 <indexterm><primary>Reagan, Ronald</primary></indexterm>
 <indexterm id='idxbiomedicalresearch' class='startofrange'><primary>biomedical research</primary></indexterm>
 <indexterm><primary>Reagan, Ronald</primary></indexterm>
 <indexterm id='idxbiomedicalresearch' class='startofrange'><primary>biomedical research</primary></indexterm>

-<indexterm><primary>Wellcome Trust</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


@@ -12781,19 +13452,18 @@ intellectual property. Examples include the Internet and the World
 Wide Web, both of which were developed on the basis of protocols in
 the public domain. It included an emerging trend to support open
 academic journals, including the Public Library of Science project
 Wide Web, both of which were developed on the basis of protocols in
 the public domain. It included an emerging trend to support open
 academic journals, including the Public Library of Science project

-that I describe in the Afterword. It included a project to develop
-single nucleotide polymorphisms (SNPs), which are thought to have
-great significance in biomedical research. (That nonprofit project
-comprised a consortium of the Wellcome Trust and pharmaceutical and
-technological companies, including Amersham Biosciences, AstraZeneca,
+that I describe in chapter 
+<xref xrefstyle="select: labelnumber" linkend="c-afterword"/>.  It
+included a project to develop single nucleotide polymorphisms (SNPs),
+which are thought to have great significance in biomedical
+research. (That nonprofit project comprised a consortium of the
+Wellcome Trust and pharmaceutical and technological companies,
+including Amersham Biosciences, AstraZeneca,

 <!-- PAGE BREAK 270 -->
 Aventis, Bayer, Bristol-Myers Squibb, Hoffmann-La Roche,
 Glaxo-SmithKline, IBM, Motorola, Novartis, Pfizer, and Searle.) It
 included the Global Positioning System, which Ronald Reagan set free
 in the early 1980s. And it included <quote>open source and free software.</quote>
 <!-- PAGE BREAK 270 -->
 Aventis, Bayer, Bristol-Myers Squibb, Hoffmann-La Roche,
 Glaxo-SmithKline, IBM, Motorola, Novartis, Pfizer, and Searle.) It
 included the Global Positioning System, which Ronald Reagan set free
 in the early 1980s. And it included <quote>open source and free software.</quote>

-<indexterm><primary>academic journals</primary></indexterm>
-<indexterm><primary>IBM</primary></indexterm>
-<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>

 </para>
 <indexterm startref='idxbiomedicalresearch' class='endofrange'/>
 <para>
 </para>
 <indexterm startref='idxbiomedicalresearch' class='endofrange'/>
 <para>


@@ -12803,6 +13473,7 @@ intellectual property extremism. Instead, in all of them, intellectual
 property was balanced by agreements to keep access open or to impose
 limitations on the way in which proprietary claims might be used.
 </para>
 property was balanced by agreements to keep access open or to impose
 limitations on the way in which proprietary claims might be used.
 </para>

+<indexterm id='idxlessiglawrenceininternationaldebateonintellectualproperty' class='startofrange'><primary>Lessig, Lawrence</primary><secondary>in international debate on intellectual property</secondary></indexterm>

 <para>
 From the perspective of this book, then, the conference was ideal.<footnote><para>
 <!-- f7. --> I should disclose that I was one of the people who asked WIPO for the
 <para>
 From the perspective of this book, then, the conference was ideal.<footnote><para>
 <!-- f7. --> I should disclose that I was one of the people who asked WIPO for the


@@ -12814,6 +13485,7 @@ perspectives.  And WIPO was an ideal venue for this discussion, since
 WIPO is the preeminent international body dealing with intellectual
 property issues.
 </para>
 WIPO is the preeminent international body dealing with intellectual
 property issues.
 </para>

+<indexterm id='idxworldsummitontheinformationsocietywsis' class='startofrange'><primary>World Summit on the Information Society (WSIS)</primary></indexterm>

 <para>
 Indeed, I was once publicly scolded for not recognizing this fact
 about WIPO. In February 2003, I delivered a keynote address to a
 <para>
 Indeed, I was once publicly scolded for not recognizing this fact
 about WIPO. In February 2003, I delivered a keynote address to a


@@ -12844,7 +13516,12 @@ 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 startref='idxintellectualpropertyrightsinternationalorganizationonissuesof' class='endofrange'/>
+<indexterm startref='idxworldintellectualpropertyorganizationwipo' class='endofrange'/>
+<indexterm startref='idxworldsummitontheinformationsocietywsis' class='endofrange'/>
+<indexterm id='idxfreesoftwareopensourcesoftwarefsoss' class='startofrange'><primary>free software/open-source software (FS/OSS)</primary></indexterm>

 <indexterm><primary>Apple Corporation</primary></indexterm>
 <indexterm><primary>Apple Corporation</primary></indexterm>

+<indexterm id='idxmicrosoftonfreesoftware' class='startofrange'><primary>Microsoft</primary><secondary>on free software</secondary></indexterm>

 <para>
 But there is one project within that list that is highly
 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


@@ -12856,6 +13533,10 @@ 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


@@ -12884,11 +13565,10 @@ 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 startref='idxlessiglawrenceininternationaldebateonintellectualproperty' class='endofrange'/>
+<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>


@@ -12907,6 +13587,10 @@ software. If copyright did not govern software, then free software
 could not impose the same kind of requirements on its adopters. It
 thus depends upon copyright law just as Microsoft does.
 </para>
 could not impose the same kind of requirements on its adopters. It
 thus depends upon copyright law just as Microsoft does.
 </para>

+<indexterm id='idxintellectualpropertyrightsinternationalorganizationonissuesof2' class='startofrange'><primary>intellectual property rights</primary><secondary>international organization on issues of</secondary></indexterm>
+<indexterm id='idxworldintellectualpropertyorganizationwipo2' class='startofrange'><primary>World Intellectual Property Organization (WIPO)</primary></indexterm>
+<indexterm id='idxkrimjonathan' class='startofrange'><primary>Krim, Jonathan</primary></indexterm>
+<indexterm><primary>Microsoft</primary><secondary>WIPO meeting opposed by</secondary></indexterm>

 <para>
 It is therefore understandable that as a proprietary software
 developer, Microsoft would oppose this WIPO meeting, and
 <para>
 It is therefore understandable that as a proprietary software
 developer, Microsoft would oppose this WIPO meeting, and


@@ -12920,7 +13604,6 @@ 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


@@ -12930,6 +13613,7 @@ its lobbying here, and nothing terribly surprising about the most
 powerful software producer in the United States having succeeded in
 its lobbying efforts.
 </para>
 powerful software producer in the United States having succeeded in
 its lobbying efforts.
 </para>

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

 <indexterm><primary>Boland, Lois</primary></indexterm>
 <para>
 What was surprising was the United States government's reason for
 <indexterm><primary>Boland, Lois</primary></indexterm>
 <para>
 What was surprising was the United States government's reason for


@@ -12941,9 +13625,11 @@ She is quoted as saying, <quote>To hold a meeting which has as its purpose
 to disclaim or waive such rights seems to us to be contrary to the
 goals of WIPO.</quote>
 </para>
 to disclaim or waive such rights seems to us to be contrary to the
 goals of WIPO.</quote>
 </para>

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

 <para>
 These statements are astonishing on a number of levels.
 </para>
 <para>
 These statements are astonishing on a number of levels.
 </para>

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

 <!-- PAGE BREAK 273 -->
 <para>
 First, they are just flat wrong. As I described, most open source and
 <!-- PAGE BREAK 273 -->
 <para>
 First, they are just flat wrong. As I described, most open source and


@@ -12955,7 +13641,10 @@ in understanding&mdash;the sort of mistake that is excusable in a
 first-year law student, but an embarrassment from a high government
 official dealing with intellectual property issues.
 </para>
 first-year law student, but an embarrassment from a high government
 official dealing with intellectual property issues.
 </para>

+<indexterm><primary>World Summit on the Information Society (WSIS)</primary></indexterm>
+<indexterm><primary>drugs</primary><secondary>pharmaceutical</secondary></indexterm>

 <indexterm><primary>generic drugs</primary></indexterm>
 <indexterm><primary>generic drugs</primary></indexterm>

+<indexterm><primary>patents</primary><secondary>on pharmaceuticals</secondary></indexterm>

 <para>
 Second, who ever said that WIPO's exclusive aim was to <quote>promote</quote>
 intellectual property maximally? As I had been scolded at the
 <para>
 Second, who ever said that WIPO's exclusive aim was to <quote>promote</quote>
 intellectual property maximally? As I had been scolded at the


@@ -12996,6 +13685,8 @@ WIPO is not just that intellectual property rights be maximized, but
 that they also should be exercised in the most extreme and restrictive
 way possible.
 </para>
 that they also should be exercised in the most extreme and restrictive
 way possible.
 </para>

+<indexterm id='idxfeudalsystem' class='startofrange'><primary>feudal system</primary></indexterm>
+<indexterm id='idxpropertyrightsfeudalsystemof' class='startofrange'><primary>property rights</primary><secondary>feudal system of</secondary></indexterm>

 <para>
 There is a history of just such a property system that is well known
 in the Anglo-American tradition. It is called <quote>feudalism.</quote> Under
 <para>
 There is a history of just such a property system that is well known
 in the Anglo-American tradition. It is called <quote>feudalism.</quote> Under


@@ -13022,6 +13713,8 @@ choice now is whether that information society will be
 <emphasis>free</emphasis> or <emphasis>feudal</emphasis>. The trend is
 toward the feudal.
 </para>
 <emphasis>free</emphasis> or <emphasis>feudal</emphasis>. The trend is
 toward the feudal.
 </para>

+<indexterm startref='idxfeudalsystem' class='endofrange'/>
+<indexterm startref='idxpropertyrightsfeudalsystemof' class='endofrange'/>

 <para>
 When this battle broke, I blogged it. A spirited debate within the
 comment section ensued. Ms. Boland had a number of supporters who
 <para>
 When this battle broke, I blogged it. A spirited debate within the
 comment section ensued. Ms. Boland had a number of supporters who


@@ -13029,6 +13722,8 @@ tried to show why her comments made sense. But there was one comment
 that was particularly depressing for me. An anonymous poster wrote,
 </para>
 <blockquote>
 that was particularly depressing for me. An anonymous poster wrote,
 </para>
 <blockquote>

+<indexterm startref='idxintellectualpropertyrightsinternationalorganizationonissuesof2' class='endofrange'/>
+<indexterm startref='idxworldintellectualpropertyorganizationwipo2' class='endofrange'/>

 <para>
 George, you misunderstand Lessig: He's only talking about the world as
 it should be (<quote>the goal of WIPO, and the goal of any government,
 <para>
 George, you misunderstand Lessig: He's only talking about the world as
 it should be (<quote>the goal of WIPO, and the goal of any government,


@@ -13283,6 +13978,8 @@ permission before you <quote>use</quote> a copyrighted work in any way. The <quo
 Rights Reserved</quote> sorts believe you should be able to do with content
 as you wish, regardless of whether you have permission or not.
 </para>
 Rights Reserved</quote> sorts believe you should be able to do with content
 as you wish, regardless of whether you have permission or not.
 </para>

+<indexterm id='idxinternetdevelopmentof2' class='startofrange'><primary>Internet</primary><secondary>development of</secondary></indexterm>
+<indexterm id='idxinternetinitialfreecharacterof' class='startofrange'><primary>Internet</primary><secondary>initial free character of</secondary></indexterm>

 <para>
 When the Internet was first born, its initial architecture effectively
 tilted in the <quote>no rights reserved</quote> direction. Content could be copied
 <para>
 When the Internet was first born, its initial architecture effectively
 tilted in the <quote>no rights reserved</quote> direction. Content could be copied


@@ -13309,6 +14006,8 @@ content requires permission.  The <quote>cut and paste</quote> world that define
 the Internet today will become a <quote>get permission to cut and paste</quote>
 world that is a creator's nightmare.
 </para>
 the Internet today will become a <quote>get permission to cut and paste</quote>
 world that is a creator's nightmare.
 </para>

+<indexterm startref='idxinternetdevelopmentof2' class='endofrange'/>
+<indexterm startref='idxinternetinitialfreecharacterof' class='endofrange'/>

 <para>
 What's needed is a way to say something in the middle&mdash;neither
 <quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but <quote>some rights
 <para>
 What's needed is a way to say something in the middle&mdash;neither
 <quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but <quote>some rights


@@ -13317,10 +14016,11 @@ creators to free content as they see fit. In other words, we need a
 way to restore a set of freedoms that we could just take for granted
 before.
 </para>
 way to restore a set of freedoms that we could just take for granted
 before.
 </para>

-

 <section id="examples">
 <title>Rebuilding Freedoms Previously Presumed: Examples</title>
 <section id="examples">
 <title>Rebuilding Freedoms Previously Presumed: Examples</title>

-<indexterm id='browsing' class='startofrange'><primary>browsing</primary></indexterm>
+<indexterm id='idxfreeculturerestorationeffortsonpreviousaspectsof' class='startofrange'><primary>free culture</primary><secondary>restoration efforts on previous aspects of</secondary></indexterm>
+<indexterm id='idxbrowsing' class='startofrange'><primary>browsing</primary></indexterm>
+<indexterm id='idxprivacyrights2' class='startofrange'><primary>privacy rights</primary></indexterm>

 <para>
 If you step back from the battle I've been describing here, you will
 recognize this problem from other contexts. Think about
 <para>
 If you step back from the battle I've been describing here, you will
 recognize this problem from other contexts. Think about


@@ -13351,7 +14051,9 @@ of privacy. That privacy is guaranteed to us by friction. Not by law
 places, not by norms (snooping and gossip are just fun), but instead,
 by the costs that friction imposes on anyone who would want to spy.
 </para>
 places, not by norms (snooping and gossip are just fun), but instead,
 by the costs that friction imposes on anyone who would want to spy.
 </para>

-<indexterm><primary>Amazon</primary></indexterm>
+<indexterm id='idxamazon' class='startofrange'><primary>Amazon</primary></indexterm>
+<indexterm><primary>cookies, Internet</primary></indexterm>
+<indexterm id='idxinternetprivacyprotectionon' class='startofrange'><primary>Internet</primary><secondary>privacy protection on</secondary></indexterm>

 <para>
 Enter the Internet, where the cost of tracking browsing in particular
 has become quite tiny. If you're a customer at Amazon, then as you
 <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


@@ -13361,8 +14063,8 @@ 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>

+<indexterm><primary>libraries</primary><secondary>privacy rights in use of</secondary></indexterm>

 <para>
 Amazon, of course, is not the problem. But we might begin to worry
 about libraries. If you're one of those crazy lefties who thinks that
 <para>
 Amazon, of course, is not the problem. But we might begin to worry
 about libraries. If you're one of those crazy lefties who thinks that


@@ -13373,7 +14075,8 @@ you. If it becomes simple to gather and sort who does what in
 electronic spaces, then the friction-induced privacy of yesterday
 disappears.
 </para>
 electronic spaces, then the friction-induced privacy of yesterday
 disappears.
 </para>

-<indexterm startref='browsing' class='endofrange'/>
+<indexterm startref='idxbrowsing' class='endofrange'/>
+<indexterm startref='idxamazon' class='endofrange'/>

 <para>
 It is this reality that explains the push of many to define <quote>privacy</quote>
 on the Internet. It is the recognition that technology can remove what
 <para>
 It is this reality that explains the push of many to define <quote>privacy</quote>
 on the Internet. It is the recognition that technology can remove what


@@ -13398,6 +14101,11 @@ kind of freedom that was passively provided before. A change in
 technology now forces those who believe in privacy to affirmatively
 act where, before, privacy was given by default.
 </para>
 technology now forces those who believe in privacy to affirmatively
 act where, before, privacy was given by default.
 </para>

+<indexterm startref='idxprivacyrights2' class='endofrange'/>
+<indexterm startref='idxinternetprivacyprotectionon' class='endofrange'/>
+<indexterm><primary>Data General</primary></indexterm>
+<indexterm><primary>IBM</primary></indexterm>
+<indexterm id='idxfreesoftwareopensourcesoftwarefsoss2' class='startofrange'><primary>free software/open-source software (FS/OSS)</primary></indexterm>

 <para>
 A similar story could be told about the birth of the free software
 movement. When computers with software were first made available
 <para>
 A similar story could be told about the birth of the free software
 movement. When computers with software were first made available


@@ -13405,9 +14113,8 @@ commercially, the software&mdash;both the source code and the
 binaries&mdash; was free. You couldn't run a program written for a
 Data General machine on an IBM machine, so Data General and IBM didn't
 care much about controlling their software.
 binaries&mdash; was free. You couldn't run a program written for a
 Data General machine on an IBM machine, so Data General and IBM didn't
 care much about controlling their software.

-<indexterm><primary>IBM</primary></indexterm>

 </para>
 </para>

-<indexterm><primary>Stallman, Richard</primary></indexterm>
+<indexterm id='idxstallmanrichard' class='startofrange'><primary>Stallman, Richard</primary></indexterm>

 <para>
 That was the world Richard Stallman was born into, and while he was a
 researcher at MIT, he grew to love the community that developed when
 <para>
 That was the world Richard Stallman was born into, and while he was a
 researcher at MIT, he grew to love the community that developed when


@@ -13428,6 +14135,7 @@ free to tinker with and improve the code that ran a machine. This,
 too, was knowledge. Why shouldn't it be open for criticism like
 anything else?
 </para>
 too, was knowledge. Why shouldn't it be open for criticism like
 anything else?
 </para>

+<indexterm id='idxproprietarycode' class='startofrange'><primary>proprietary code</primary></indexterm>

 <para>
 No one answered that question. Instead, the architecture of revenue
 for computing changed. As it became possible to import programs from
 <para>
 No one answered that question. Instead, the architecture of revenue
 for computing changed. As it became possible to import programs from


@@ -13446,6 +14154,7 @@ economics of computing. And as he believed, if he did nothing about
 it, then the freedom to change and share software would be
 fundamentally weakened.
 </para>
 it, then the freedom to change and share software would be
 fundamentally weakened.
 </para>

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

 <indexterm><primary>Torvalds, Linus</primary></indexterm>
 <para>
 Therefore, in 1984, Stallman began a project to build a free operating
 <indexterm><primary>Torvalds, Linus</primary></indexterm>
 <para>
 Therefore, in 1984, Stallman began a project to build a free operating


@@ -13474,12 +14183,19 @@ that bind copyrighted code, Stallman was affirmatively reclaiming a
 space where free software would survive. He was actively protecting
 what before had been passively guaranteed.
 </para>
 space where free software would survive. He was actively protecting
 what before had been passively guaranteed.
 </para>

+<indexterm startref='idxfreesoftwareopensourcesoftwarefsoss2' class='endofrange'/>
+<indexterm startref='idxstallmanrichard' class='endofrange'/>
+<indexterm id='idxacademicjournals' class='startofrange'><primary>academic journals</primary></indexterm>
+<indexterm id='idxscientificjournals' class='startofrange'><primary>scientific journals</primary></indexterm>

 <para>
 Finally, consider a very recent example that more directly resonates
 with the story of this book. This is the shift in the way academic and
 scientific journals are produced.
 </para>
 <para>
 Finally, consider a very recent example that more directly resonates
 with the story of this book. This is the shift in the way academic and
 scientific journals are produced.
 </para>

-<indexterm id="idxacademocjournals" class='startofrange'><primary>academic journals</primary></indexterm>
+<indexterm id='idxlexisandwestlaw' class='startofrange'><primary>Lexis and Westlaw</primary></indexterm>
+<indexterm id='idxlawdatabasesofcasereportsin' class='startofrange'><primary>law</primary><secondary>databases of case reports in</secondary></indexterm>
+<indexterm><primary>libraries</primary><secondary>journals in</secondary></indexterm>
+<indexterm><primary>Supreme Court, U.S.</primary><secondary>access to opinions of</secondary></indexterm>

 <para>
 As digital technologies develop, it is becoming obvious to many that
 printing thousands of copies of journals every month and sending them
 <para>
 As digital technologies develop, it is becoming obvious to many that
 printing thousands of copies of journals every month and sending them


@@ -13496,6 +14212,8 @@ and Westlaw are also free
 to charge users for the privilege of gaining access to that Supreme
 Court opinion through their respective services.
 </para>
 to charge users for the privilege of gaining access to that Supreme
 Court opinion through their respective services.
 </para>

+<indexterm><primary>public domain</primary><secondary>access fees for material in</secondary></indexterm>
+<indexterm id='idxpublicdomainlicensesystemforrebuildingof' class='startofrange'><primary>public domain</primary><secondary>license system for rebuilding of</secondary></indexterm>

 <para>
 There's nothing wrong in general with this, and indeed, the ability to
 charge for access to even public domain materials is a good incentive
 <para>
 There's nothing wrong in general with this, and indeed, the ability to
 charge for access to even public domain materials is a good incentive


@@ -13505,11 +14223,14 @@ to flourish. And if there's nothing wrong with selling the public
 domain, then there could be nothing wrong, in principle, with selling
 access to material that is not in the public domain.
 </para>
 domain, then there could be nothing wrong, in principle, with selling
 access to material that is not in the public domain.
 </para>

+<indexterm startref='idxlexisandwestlaw' class='endofrange'/>
+<indexterm startref='idxlawdatabasesofcasereportsin' class='endofrange'/>

 <para>
 But what if the only way to get access to social and scientific data
 was through proprietary services? What if no one had the ability to
 browse this data except by paying for a subscription?
 </para>
 <para>
 But what if the only way to get access to social and scientific data
 was through proprietary services? What if no one had the ability to
 browse this data except by paying for a subscription?
 </para>

+<indexterm id='idxlibrariesjournalsin' class='startofrange'><primary>libraries</primary><secondary>journals in</secondary></indexterm>

 <para>
 As many are beginning to notice, this is increasingly the reality with
 scientific journals. When these journals were distributed in paper
 <para>
 As many are beginning to notice, this is increasingly the reality with
 scientific journals. When these journals were distributed in paper


@@ -13530,6 +14251,8 @@ public libraries begin to disappear. Thus, as with privacy and with
 software, a changing technology and market shrink a freedom taken for
 granted before.
 </para>
 software, a changing technology and market shrink a freedom taken for
 granted before.
 </para>

+<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>
+<indexterm><primary>Public Library of Science (PLoS)</primary></indexterm>

 <para>
 This shrinking freedom has led many to take affirmative steps to
 restore the freedom that has been lost. The Public Library of Science
 <para>
 This shrinking freedom has led many to take affirmative steps to
 restore the freedom that has been lost. The Public Library of Science


@@ -13542,8 +14265,8 @@ then deposited in a public, electronic archive and made permanently
 available for free. PLoS also sells a print version of its work, but
 the copyright for the print journal does not inhibit the right of
 anyone to redistribute the work for free.
 available for free. PLoS also sells a print version of its work, but
 the copyright for the print journal does not inhibit the right of
 anyone to redistribute the work for free.

-<indexterm><primary>PLoS (Public Library of Science)</primary></indexterm>

 </para>
 </para>

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

 <para>
 This is one of many such efforts to restore a freedom taken for
 granted before, but now threatened by changing technology and markets.
 <para>
 This is one of many such efforts to restore a freedom taken for
 granted before, but now threatened by changing technology and markets.


@@ -13553,12 +14276,13 @@ distribution of content. But competition in our tradition is
 presumptively a good&mdash;especially when it helps spread knowledge
 and science.
 </para>
 presumptively a good&mdash;especially when it helps spread knowledge
 and science.
 </para>

-<indexterm startref="idxacademocjournals" class='endofrange'/>
-
+<indexterm startref='idxfreeculturerestorationeffortsonpreviousaspectsof' class='endofrange'/>
+<indexterm startref='idxacademicjournals' class='endofrange'/>
+<indexterm startref='idxscientificjournals' class='endofrange'/>

 </section>
 <section id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>
 </section>
 <section id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>

-<indexterm id="idxcc" class='startofrange'><primary>Creative Commons</primary></indexterm>
+<indexterm id='idxcreativecommons' class='startofrange'><primary>Creative Commons</primary></indexterm>

 <para>
 The same strategy could be applied to culture, as a response to the
 increasing control effected through law and technology.
 <para>
 The same strategy could be applied to culture, as a response to the
 increasing control effected through law and technology.


@@ -13615,6 +14339,7 @@ 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


@@ -13626,8 +14351,8 @@ 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>

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

 <para>
 The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The aim is to
 complement them. The problems that the law creates for us as a culture
 <para>
 The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The aim is to
 complement them. The problems that the law creates for us as a culture


@@ -13746,8 +14471,8 @@ make it easier for authors and creators to exercise their rights more
 flexibly and cheaply. That difference, we believe, will enable
 creativity to spread more easily.
 </para>
 flexibly and cheaply. That difference, we believe, will enable
 creativity to spread more easily.
 </para>

-<indexterm startref="idxcc" class='endofrange'/>
-
+<indexterm startref='idxpublicdomainlicensesystemforrebuildingof' class='endofrange'/>
+<indexterm startref='idxcreativecommons' class='endofrange'/>

 <!-- PAGE BREAK 292 -->
 </section>
 </section>
 <!-- PAGE BREAK 292 -->
 </section>
 </section>


@@ -14026,7 +14751,9 @@ 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


@@ -14044,7 +14771,6 @@ 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) -->


@@ -14100,6 +14826,7 @@ 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


@@ -14111,7 +14838,6 @@ 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>


@@ -14439,6 +15165,7 @@ 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>
 The idea would be a modification of a proposal that has been
 floated by Harvard law professor William Fisher.<footnote>


@@ -14493,7 +15220,6 @@ 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,


@@ -14509,6 +15235,7 @@ system, then it can be continued. If this form of protection is no
 longer necessary, then the system could lapse into the old system of
 controlling access.
 </para>
 longer necessary, then the system could lapse into the old system of
 controlling access.
 </para>

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

 <indexterm><primary>artists</primary><secondary>recording industry payments to</secondary></indexterm>
 <para>
 Fisher would balk at the idea of allowing the system to lapse. His aim
 <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


@@ -14745,7 +15472,7 @@ 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>


@@ -14775,6 +15502,7 @@ the material.
 </para>
 
 <!-- insert endnotes here -->
 </para>
 
 <!-- insert endnotes here -->

+<?latex \theendnotes ?>

 
 <!--PAGE BREAK 336-->
 
 
 <!--PAGE BREAK 336-->
 


@@ -14851,4 +15579,127 @@ grateful for her perpetual patience and love.
 
 </chapter>
 <index></index>
 
 </chapter>
 <index></index>

+<colophon>
+<para>
+This digital book was published by Petter Reinholdtsen in 2014.
+</para>
+<para>
+The original hardcover paper book was published in 2004 by The Penguin
+Press, a member of Penguin Group (USA) Inc. 375 Hudson Street New
+York, New York.
+</para>
+<para>
+Copyright &copy; Lawrence Lessig.  Some rights reserved.
+</para>
+<para>
+This version of <citetitle>Free Culture</citetitle> is licensed under
+a Creative Commons license. This license permits non-commercial use of
+this work, so long as attribution is given.  For more information
+about the license, click the icon above, or visit
+<ulink url="http://creativecommons.org/licenses/by-nc/1.0/">http://creativecommons.org/licenses/by-nc/1.0/</ulink>
+</para>
+<para>
+Excerpt from an editorial titled <quote>The Coming of Copyright
+Perpetuity,</quote> <citetitle>The New York Times</citetitle>, January
+16, 2003. Copyright &copy; 2003 by The New York Times Co.  Reprinted
+with permission.
+</para>
+<para>
+Cartoon in <xref linkend="fig-1711-vcr-handgun-cartoonfig"/> by Paul
+Conrad, copyright Tribune Media Services, Inc.  All rights
+reserved. Reprinted with permission.
+</para>
+<para>
+Diagram in <xref linkend="fig-1761-pattern-modern-media-ownership"/>
+courtesy of the office of FCC Commissioner, Michael J. Copps.
+</para>
+<para>
+Library of Congress Cataloging-in-Publication Data
+</para>
+<para>
+Lessig, Lawrence.
+Free culture : how big media uses technology and the law to lock down 
+culture and control creativity / Lawrence Lessig.
+</para>
+<para>
+p. cm.
+</para>
+<para>
+Includes index.
+</para>
+
+<para>
+<informaltable id="isbn">
+<tgroup cols="2" align="left">
+<thead>
+ <row>
+ <entry>ISBN</entry>
+ <entry>Format / MIME-type</entry>
+ </row>
+</thead>
+<tbody>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>text/plain</entry>
+ </row>
+
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>application/pdf</entry>
+ </row>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>text/html</entry>
+ </row>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>application/epub+zip</entry>
+ </row>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>application/docbook+xml</entry>
+ </row>
+ <row>
+ <entry>978-82-92812-XX-Y</entry>
+ <entry>application/x-mobipocket-ebook</entry>
+ </row>
+</tbody>
+</tgroup>
+</informaltable>
+</para>
+
+<para>
+1. Intellectual property&mdash;United States.
+</para>
+<para>
+2. Mass media&mdash;United States.
+</para>
+<para>
+3. Technological innovations&mdash;United States.
+</para>
+<para>
+4. Art&mdash;United States. I. Title.
+</para>
+<para>
+KF2979.L47 2004
+</para>
+<para>
+343.7309'9&mdash;dc22 2003063276
+</para>
+
+<para>
+The source of this version of the text is written using DocBook
+notation and the other formats are derived from the DocBook source.
+The DocBook source is based on a DocBook XML version created by Hans
+Schou, and extended with formatting and index references by Petter
+Reinholdtsen.  The source files of this book is available as
+<ulink url="https://github.com/petterreinholdtsen/free-culture-lessig">a
+github project</ulink>.
+</para>
+
+<para>
+&translationblock;
+</para>
+
+</colophon>

 </book>
 </book>