X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/06c25520aeadcbc220e637c2f3cb9cd47228a26e..1c42423c80bba6e2af12b19cbc084bf823987b9c:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index ec0f2e9..886b3e3 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -1,27 +1,29 @@ + by Petter Reinholdtsen 2012-2015 with input from Martin Borg. --> - ]> + Free Culture "freeculture" - HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN - CULTURE AND CONTROL CREATIVITY + How big media uses technology and the law to lock down + culture and control creativity + + 2015-10-15 - 2004-03-25 + 1 Version 2004-02-10 @@ -30,6 +32,20 @@ Lawrence Lessig + - + - - 978-82-92812-XX-Y + 978-82-8067-010-6 2003063276 + http://free-culture.cc/ + - - -ALSO BY LAWRENCE LESSIG - - -The Future of Ideas: The Fate of the Commons in a Connected World - - -Code: And Other Laws of Cyberspace - + +Also by Lawrence Lessig + + + + + +The USA is lesterland: The nature of congressional corruption (2014) + + +Republic, lost: How money corrupts Congress - and a plan to stop it (2011) + + +Remix: Making art and commerce thrive in the hybrid economy (2008) + + +Code: Version 2.0 (2006) + + +The Future of Ideas: The Fate of the Commons in a Connected World (2001) + + +Code: And Other Laws of Cyberspace (1999) + + - + + + To Eric Eldred — whose work first drew me to this cause, and for whom it continues still. + @@ -221,8 +256,9 @@ c INDEX -PREFACE +Preface Pogue, David +Code (Lessig) At the end of his review of my first book, Code: And Other Laws of Cyberspace, David @@ -375,8 +411,8 @@ book is written. - -INTRODUCTION + +Introduction Wright brothers On December 17, 1903, on a windy North Carolina beach for just @@ -722,6 +758,7 @@ has introduced. Barlow, Joel +culturefree culture culturecommercial vs. noncommercial Webster, Noah @@ -761,8 +798,8 @@ State copyright law historically protected not just the commercial interest in publication, but also a privacy interest. By granting authors the exclusive right to first publication, state copyright law gave authors the power to control the spread of facts about them. See Samuel D. Warren and Louis -D. Brandeis, The Right to Privacy, Harvard Law Review 4 (1890): 193, -198–200. +D. Brandeis, The Right to Privacy, Harvard +Law Review 4 (1890): 193, 198–200. Brandeis, Louis D. This is also, of course, an important part of creativity and culture, @@ -900,7 +937,7 @@ 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. - + The story that follows is about this war. It is not about the centrality of technology to ordinary life. I don't believe in gods, @@ -1032,7 +1069,7 @@ to which most of us remain oblivious. -<quote>PIRACY</quote> +<quote>Piracy</quote> copyright lawEnglish @@ -1107,6 +1144,7 @@ piracy. ASCAP Dreyfuss, Rochelle Girl Scouts +creative propertyintellectual property rights creative propertyif value, then right theory of if value, then right theory @@ -1143,6 +1181,7 @@ creative property. It has never taken hold within our law. copyright lawon republishing vs. transformation of original work +creativityinnovation creativitylegal restrictions on Instead, in our tradition, intellectual property is an instrument. It @@ -1215,7 +1254,7 @@ context the current battles about behavior labeled piracy. -CHAPTER ONE: Creators +Chapter One: Creators animated cartoons cartoon films filmsanimated @@ -1391,6 +1430,7 @@ culture around us and makes it something different. +copyrightcopyright law copyrightduration of public domaindefined public domaintraditional term for conversion to @@ -1744,7 +1784,7 @@ free culture. It is becoming much less so. -CHAPTER TWO: <quote>Mere Copyists</quote> +Chapter Two: <quote>Mere Copyists</quote> Daguerre, Louis camera technology photography @@ -2182,8 +2222,8 @@ close to the lives of these students. The project gave them a tool and empowered them to be able to both understand it and talk about it, Barish explained. That tool succeeded in creating expression—far more successfully and powerfully than could have -been created using only text. If you had said to these students, `you -have to do it in text,' they would've just thrown their hands up and +been created using only text. If you had said to these students, you +have to do it in text, they would've just thrown their hands up and gone and done something else, Barish described, in part, no doubt, because expressing themselves in text is not something these students can do well. Yet neither is text a form in which @@ -2240,8 +2280,6 @@ your hoops. They actually needed to use a language that they didn't speak very well. But they had come to understand that they had a lot of power with this language. - @@ -2272,6 +2310,9 @@ entertainment is tragedy. ABC CBS +Cyber Rights (Godwin) +Godwin, Mike +Internetnews events on But in addition to this produced news about the tragedy of September 11, those of us tied to the Internet came to see a very different @@ -2319,6 +2360,7 @@ such as in Japan, it functions very much like a diary. In those cultures, it records private facts in a public way—it's a kind of electronic Jerry Springer, available anywhere in the world. + political discourse Internetpublic discourse conducted on @@ -2451,8 +2493,8 @@ more instances of the same misspeaking emerged. Finally, the stor broke back into the mainstream press. In the end, Lott was forced to resign as senate majority leader. -Noah Shachtman, With Incessant Postings, a Pundit Stirs the Pot, New -York Times, 16 January 2003, G5. +Noah Shachtman, With Incessant Postings, a Pundit Stirs the +Pot, New York Times, 16 January 2003, G5. mediacommercial imperatives of @@ -2692,13 +2734,14 @@ natural tendencies of today's digital kids. … We're building an architecture that unleashes 60 percent of the brain [and] a legal system that closes down that part of the brain. - We're building a technology that takes the magic of Kodak, mixes moving images and sound, and adds a space for commentary and an opportunity to spread that creativity everywhere. But we're building the law to close down that technology. +Kahle, Brewster + No way to run a culture, as Brewster Kahle, whom we'll meet in chapter , @@ -2707,7 +2750,7 @@ quipped to me in a rare moment of despondence. -CHAPTER THREE: Catalogs +Chapter Three: Catalogs Jordan, Jesse RPIRensselaer Polytechnic Institute (RPI) Rensselaer Polytechnic Institute (RPI) @@ -2965,7 +3008,7 @@ wrong message. And he wants to correct the record. -CHAPTER FOUR: <quote>Pirates</quote> +Chapter Four: <quote>Pirates</quote> piracyin development of content industry if value, then right theory @@ -2981,6 +3024,9 @@ now.
Film +Hollywood film industryfilm industry +Hollywood film industry +patentson film technology The film industry of Hollywood was built by fleeing pirates. @@ -3043,11 +3089,12 @@ Working Paper No. 159. -The Napsters of those days, the independents, were companies like -Fox. And no less than today, these independents were vigorously -resisted. Shooting was disrupted by machinery stolen, and -`accidents' resulting in loss of negatives, equipment, buildings and -sometimes life and limb frequently occurred. +The Napsters of those days, the independents, were +companies like Fox. And no less than today, these independents were +vigorously resisted. Shooting was disrupted by machinery +stolen, and accidents resulting in loss of negatives, +equipment, buildings and sometimes life and limb frequently +occurred. Marc Wanamaker, The First Studios, The Silents Majority, archived at link #12. @@ -3058,6 +3105,7 @@ filmmakers there could pirate his inventions without fear of the law. And the leaders of Hollywood filmmaking, Fox most prominently, did just that. + Of course, California grew quickly, and the effective enforcement of federal law eventually spread west. But because patents grant the @@ -3068,6 +3116,7 @@ time), by the time enough federal marshals appeared, the patents had expired. A new industry had been born, in part from the piracy of Edison's creative property. +
Recorded Music @@ -3108,6 +3157,8 @@ then, I could effectively pirate someone else's song without paying its composer anything. +Kittredge, Alfred +music publishing The composers (and publishers) were none too happy about @@ -3134,6 +3185,7 @@ Hackensack, N.J.: Rothman Reprints, 1976). + Sousa, John Philip The innovators who developed the technology to record other @@ -3157,6 +3209,7 @@ To Amend and Consolidate the Acts Respecting Copyright, 23 (statement of John Philip Sousa, composer). + American Graphophone Company player pianos sheet music @@ -3179,7 +3232,7 @@ Perforating Company of New York). In any case, the innovators argued, the job of Congress was to consider first the interest of [the public], whom they represent, and whose servants they are. All talk about -`theft,' the general counsel of the American Graphophone Company +theft, the general counsel of the American Graphophone Company wrote, is the merest claptrap, for there exists no property in ideas musical, literary or artistic, except as defined by statute. @@ -3317,6 +3370,7 @@ As I described above, the law gives the composer (or copyright holder) an exclusive right to public performances of his work. The radio station thus owes the composer money for that performance. +radiomusic recordings played on But when the radio station plays a record, it is not only performing a copy of the composer's work. The radio station is @@ -3358,6 +3412,7 @@ the sale of her CDs. The public performance of her recording is not a her anything. + No doubt, one might argue that, on balance, the recording artists @@ -3513,7 +3568,7 @@ last. Every generation—until now.
-CHAPTER FIVE: <quote>Piracy</quote> +Chapter Five: <quote>Piracy</quote> There is piracy of copyrighted material. Lots of it. This piracy comes in many forms. The most @@ -3666,6 +3721,7 @@ permission of a property owner. That is exactly what property mea Asia, commercial piracy in piracyin Asia +open-source softwarefree software/open-source software (FS/OSS) free software/open-source software (FS/OSS) GNU/Linux operating system Linux operating system @@ -3766,6 +3822,7 @@ author of his profit. Fanning, Shawn +innovationcreativity innovation Napster Peer-to-peer sharing was made famous by Napster. But the inventors of @@ -3845,6 +3902,8 @@ carefully than the polarized voices around this debate usually do—the kinds of sharing that file sharing enables, and the kinds of harm it entails. +peer-to-peer (p2p) file sharingfour types of +Napsterrange of content on File sharers share different kinds of content. We can divide these @@ -3898,6 +3957,7 @@ to content that is not copyrighted or that the copyright owner wants to give away. + How do these different types of sharing balance out? @@ -3935,6 +3995,7 @@ cassette recording is a good example. As a study by Cap Gemini Ernst technology, the labels fought it. cassette recording +DAT (digital audio tape) See Cap Gemini Ernst & Young, Technology Evolution and the Music Industry's Business Model Crisis (2003), 3. This report describes the music industry's effort to stigmatize the budding @@ -3954,10 +4015,11 @@ regulating technology was the answer. MTV -Yet soon thereafter, and before Congress was given an opportunity -to enact regulation, MTV was launched, and the industry had a record -turnaround. In the end, Cap Gemini concludes, the `crisis' … was -not the fault of the tapers—who did not [stop after MTV came into +Yet soon thereafter, and before Congress was given an opportunity to +enact regulation, MTV was launched, and the industry had a record +turnaround. In the end, Cap Gemini concludes, +the crisis … was not the fault of the +tapers—who did not [stop after MTV came into being]—but had to a large extent resulted from stagnation in musical innovation at the major labels. @@ -4090,6 +4152,7 @@ publisher or the distributor has decided it no longer makes economic sense to the company to make it available. booksresales of +used record sales In real space—long before the Internet—the market had a simple @@ -4195,6 +4258,9 @@ found only with time. But isn't the war just a war against illegal sharing? Isn't the target just what you call type A sharing? +copyright infringement lawsuitszero tolerance in +Napsterinfringing material blocked by +peer-to-peer (p2p) file sharinginfringement protections in 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 @@ -4218,6 +4284,8 @@ account of the litigation and its toll on Napster, see Joseph Menn, York: Crown Business, 2003), 269–82. + + If 99.4 percent is not good enough, then this is a war on file-sharing technologies, not a war on copyright infringement. There is no way to @@ -4229,6 +4297,7 @@ The court's ruling means that we as a society must lose the benefits of p2p, even for the totally legal and beneficial uses they serve, simply to assure that there are zero copyright infringements caused by p2p. + Zero tolerance has not been our history. It has not produced the content industry that we know today. The history of American law has @@ -4272,6 +4341,7 @@ companies the right to the content, so long as they paid the statutory price. +copyright lawtwo central goals of @@ -4295,6 +4365,7 @@ Congress chose a path that would assure Betamax cassette recordingVCRs +SonyBetamax technology developed by In the same year that Congress struck this balance, two major producers and distributors of film content filed a lawsuit against @@ -4326,13 +4397,14 @@ for the architecture it chose. Congress, U.S.on copyright laws Congress, U.S.on VCR technology +Valenti, Jackon VCR technology MPAA president Jack Valenti became the studios' most vocal -champion. Valenti called VCRs tapeworms. He warned, When there are -20, 30, 40 million of these VCRs in the land, we will be invaded by -millions of `tapeworms,' eating away at the very heart and essence of -the most precious asset the copyright owner has, his -copyright. +champion. Valenti called VCRs tapeworms. He warned, +When there are 20, 30, 40 million of these VCRs in the land, we +will be invaded by millions of tapeworms, eating away +at the very heart and essence of the most precious asset the copyright +owner has, his copyright. Copyright Infringements (Audio and Video Recorders): Hearing on S. 1758 Before the Senate Committee on the Judiciary, 97th Cong., 1st @@ -4367,6 +4439,7 @@ of Jack Valenti). + It took eight years for this case to be resolved by the Supreme Court. In the interim, the Ninth Circuit Court of Appeals, which @@ -4385,6 +4458,7 @@ technology. Kozinski, Alex + But the Supreme Court reversed the decision of the Ninth Circuit. @@ -4460,6 +4534,7 @@ together, a pattern is clear: In each case throughout our history, a new technology changed the way content was distributed. +DAT (digital audio tape) These are the most important instances in our history, but there are other cases as well. The technology of digital audio tape (DAT), for example, @@ -4556,10 +4631,11 @@ argument. All this hand waving about balance and incentives, they say, misses a fundamental point. Our content, the warriors insist, is our property. Why should we wait for Congress to -`rebalance' our property rights? Do you have to wait before calling -the police when your car has been stolen? And why should Congress -deliberate at all about the merits of this theft? Do we ask whether -the car thief had a good use for the car before we arrest him? +rebalance our property rights? Do you have to wait +before calling the police when your car has been stolen? And why +should Congress deliberate at all about the merits of this theft? Do +we ask whether the car thief had a good use for the car before we +arrest him? It is our property, the warriors @@ -4571,7 +4647,7 @@ is protected. -<quote>PROPERTY</quote> +<quote>Property</quote> @@ -4652,7 +4728,7 @@ from the implications that the copyright warriors would have us draw. -CHAPTER SIX: Founders +Chapter Six: Founders booksEnglish copyright law developed for copyright lawdevelopment of copyright lawEnglish @@ -5255,7 +5331,7 @@ protected. -CHAPTER SEVEN: Recorders +Chapter Seven: Recorders copyright lawfair use and documentary film Else, Jon @@ -5328,8 +5404,6 @@ And second, Fox wanted ten thousand dollars as a licensing fee for us to use this four-point-five seconds of … entirely unsolicited Simpsons which was in the corner of the shot. - - Herrera, Rebecca Else was certain there was a mistake. He worked his way up to someone @@ -5363,8 +5437,6 @@ 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, The Day After Trinity, from ten years before. -Fox (film company) -Groening, Matt There's no doubt that someone, whether Matt Groening or Fox, owns the copyright to The Simpsons. That copyright is their property. To use @@ -5399,8 +5471,8 @@ Else's use of just 4.5 seconds of an indirect shot of a SimpsonsThe Simpsons—and fair use does not require the permission of anyone. - - + + So I asked Else why he didn't just rely upon fair use. Here's his reply: @@ -5488,7 +5560,7 @@ not. -CHAPTER EIGHT: Transformers +Chapter Eight: Transformers Allen, Paul Alben, Alex Microsoft @@ -5849,7 +5921,7 @@ curse, reserved for the few. -CHAPTER NINE: Collectors +Chapter Nine: Collectors archives, digital bots @@ -5903,6 +5975,7 @@ perhaps, you also have the power to find what you don't remember and what others might prefer you forget. Iraq war +Kahle, Brewster White House press releases The temptations remain, however. Brewster Kahle reports that the White House changes its own press releases without notice. A May 13, 2003, @@ -5943,6 +6016,7 @@ think that we have scads of archives of newspapers from tiny towns around the world, yet there is but one copy of the Internet—the one kept by the Internet Archive. +Kahle, Brewster Brewster Kahle is the founder of the Internet Archive. He was a very successful Internet entrepreneur after he was a successful computer @@ -6171,6 +6245,10 @@ Kahle describes,
bookstotal number of +filmstotal number of +music recordingspeer-to-peer (p2p) file sharing +music recordingsrecording industry +music recordingstotal number of It looks like there's about two to three million recordings of music. Ever. There are about a hundred thousand theatrical releases of @@ -6210,12 +6288,14 @@ someone's property. And the law of property restricts the freedom that Kahle and others would exercise. + -CHAPTER TEN: <quote>Property</quote> +Chapter Ten: <quote>Property</quote> Johnson, Lyndon Kennedy, John F. +Valenti, Jackbackground of Jack Valenti has been the president of the Motion Picture Association of America since 1966. He first came @@ -6227,10 +6307,10 @@ running the MPAA, Valenti has established himself as perhaps the most prominent and effective lobbyist in Washington. Disney, Inc. -Sony Pictures Entertainment MGM Paramount Pictures Twentieth Century Fox +Sony Pictures Entertainment Universal Pictures Warner Brothers @@ -6314,6 +6394,7 @@ have no reasonable connection to our actual legal tradition, even if the subtle pull of his Texan charm has slowly redefined that tradition, at least in Washington. + While creative property is certainly property in a nerdy and precise sense that lawyers are trained to understand, @@ -6440,6 +6521,8 @@ ought to be. Not whether artists should be paid, but whether institutions designed to assure that artists get paid need also control how culture develops. +Code (Lessig) +Lessig, Lawrence free culturefour modalities of constraint on regulationfour modalities of copyright lawas ex post regulation modality @@ -6456,8 +6539,8 @@ how four different modalities of regulation interact to support or weaken the right or regulation. I represented it with this diagram:
-How four different modalities of regulation interact to support or weaken the right or regulation. - + +
Madonna @@ -6569,6 +6652,7 @@ other three is more timidly expressed. See Lawrence Lessig, Code: An Other Laws of Cyberspace (New York: Basic Books, 1999): 90–95; Lawrence Lessig, The New Chicago School, Journal of Legal Studies, June 1998. +Code (Lessig) The law, in other words, sometimes operates to increase or decrease the constraint of a particular modality. Thus, the law might be used @@ -6585,8 +6669,8 @@ driving.
-Law has a special role in affecting the three. - + +
architecture, constraint effected through @@ -6632,6 +6716,7 @@ effective liberty that each of these groups might face. Commons, John R. architecture, constraint effected through market constraints +Code (Lessig) @@ -6649,8 +6734,8 @@ Let's say this is the picture of copyright's regulation before the Internet:
-Copyright's regulation before the Internet. - + +
architecture, constraint effected through @@ -6695,8 +6780,8 @@ after the fall of Saddam, but this time no government is justifying the looting that results.
-effective state of anarchy after the Internet. - + +
Commerce, U.S. Department of @@ -6954,12 +7039,16 @@ The power to establish creative property rights is granted to Congress in a way that, for our Constitution, at least, is very odd. Article I, section 8, clause 8 of our Constitution states that: +
Congress has the power to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. + +
+ We can call this the Progress Clause, for notice what this clause does not say. It does not say Congress has the power to grant creative property rights. It says that Congress has the power @@ -7019,15 +7108,15 @@ particular concentration of market power. In terms of our model, we started here:
-Copyright's regulation before the Internet. - + +
We will end here:
-<quote>Copyright</quote> today. - + +
Let me explain how. @@ -7050,12 +7139,13 @@ supplemented common law rights that already protected creative authorship. -William W. Crosskey, Politics and the Constitution in the History of -the United States (London: Cambridge University Press, 1953), vol. 1, -485–86: extinguish[ing], by plain implication of `the supreme -Law of the Land,' the perpetual rights which authors had, or -were supposed by some to have, under the Common Law -(emphasis added). +William W. Crosskey, Politics and the Constitution in the +History of the United States (London: Cambridge University +Press, 1953), vol. 1, 485–86: extinguish[ing], by plain +implication of the supreme Law of the Land, +the perpetual rights which authors had, or were supposed by +some to have, under the Common Law (emphasis +added). Crosskey, William W. This meant that there was no guaranteed public domain in the United @@ -7162,6 +7252,7 @@ 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. +CTEASonny Bono Copyright Term Extension Act (CTEA) (1998) Sonny Bono Copyright Term Extension Act (CTEA) (1998) public domainfuture patents vs. future copyrights in @@ -7521,8 +7612,8 @@ We can see this point abstractly by beginning with this largely empty circle.
-All potential uses of a book. - + +
booksthree types of uses of copyright lawcopies as core issue of @@ -7545,19 +7636,23 @@ it up, those acts are not regulated by copyright law, because those acts do not make a copy.
-Examples of unregulated uses of a book. - + +
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 in figure ). +
+ + +
fair use copyright lawfair use and @@ -7565,10 +7660,6 @@ Finally, there is a tiny sliver of otherwise regulated copying uses that remain unregulated because the law considers these fair uses. -
-Republishing stands at the core of this circle of possible uses of a copyrighted work. - -
Constitution, U.S.First Amendment to First Amendment @@ -7582,13 +7673,8 @@ but the law denies the owner any exclusive right over such fair uses
-Unregulated copying considered <quote>fair uses.</quote> - -
- -
-Uses that before were presumptively unregulated are now presumptively regulated. - + +
copyrightusage restrictions attached to @@ -7650,6 +7736,10 @@ then whenever you read the book (or any portion of it) beyond the fifth time, you are making a copy of the book contrary to the copyright owner's wish. +
+ + +
There are some people who think this makes perfect sense. My aim just now is not to argue about whether it makes sense or not. My aim @@ -7883,6 +7973,7 @@ silly claim. This extremism was irrelevant to the real freedoms anyone (including Warner Brothers) enjoyed. bookson Internet +Internetbooks on 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 @@ -7907,9 +7998,14 @@ software that publishers use to deliver e-books. It provides the technology, and the publisher delivers the content by using the technology. +
+ + +
-On the next page is a picture of an old version of my Adobe eBook -Reader. +In figure + +is a picture of an old version of my Adobe eBook Reader. As you can see, I have a small collection of e-books within this @@ -7924,16 +8020,12 @@ copy of Middlemarch, you'll see a fancy cover, and then a button at the bottom called Permissions. -
-Picture of an old version of Adobe eBook Reader - -
If you click on the Permissions button, you'll see a list of the permissions that the publisher purports to grant with this book.
-List of the permissions that the publisher purports to grant. +
@@ -7952,8 +8044,8 @@ Here's the e-book for another work in the public domain (including the translation): Aristotle's Politics.
-E-book of Aristotle;s <quote>Politics</quote> - + +
According to its permissions, no printing or copying is permitted @@ -7961,7 +8053,7 @@ at all. But fortunately, you can use the Read Aloud button to hear the book.
-List of the permissions for Aristotle;s <quote>Politics</quote>. +
Future of Ideas, The (Lessig) @@ -7973,7 +8065,7 @@ Ideas:
-List of the permissions for <quote>The Future of Ideas</quote>. +
@@ -7994,6 +8086,7 @@ times. But that obligation (and the limits for creating that obligation) would come from the contract, not from copyright law, and the obligations of contract would not necessarily pass to anyone who subsequently acquired the book. +contracts When my e-book of Middlemarch says I have the permission to copy only ten text selections into the memory every ten @@ -8058,8 +8151,7 @@ domain. Yet when you clicked on Permissions for that book, you got the following report:
-List of the permissions for <quote>Alice's Adventures in -Wonderland</quote>. +
@@ -8100,6 +8192,7 @@ control. That incentive is understandable, yet what it creates is often crazy. + To see the point in a particularly absurd context, consider a favorite @@ -8383,13 +8476,21 @@ some uses that were illegal, the court held the companies producing the VCR responsible. -This led Conrad to draw the cartoon below, which we can adopt to -the DMCA. +This led Conrad to draw the cartoon in figure +, which we can adopt to the +DMCA. Conrad, Paul No argument I have can top this picture, but let me try to get close. +
+— On which item have the courts ruled that manufacturers and +retailers be held responsible for having supplied the +equipment? + +
The anticircumvention provisions of the DMCA target copyright circumvention technologies. Circumvention technologies can be used for @@ -8407,10 +8508,6 @@ 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. -
-VCR/handgun cartoon. - -
Conrad, Paul The obvious point of Conrad's cartoon is the weirdness of a world @@ -8567,6 +8664,7 @@ Molly Ivins, Media Consolidation Must Be Stopped, Char 31 May 2003. +radioownership consolidation in The story with radio is even more dramatic. Before deregulation, the nation's largest radio broadcasting conglomerate owned fewer than @@ -8579,6 +8677,7 @@ market's revenues. Overall, just four companies control 90 percent of the nation's radio advertising revenues. cable television +newspapersownership consolidation of Newspaper ownership is becoming more concentrated as well. Today, there are six hundred fewer daily newspapers in the United States than @@ -8615,6 +8714,8 @@ James Fallows, The Age of Murdoch, Atlantic Monthly
+ + The pattern with Murdoch is the pattern of modern media. Not just large companies owning many radio stations, but a few companies @@ -8622,8 +8723,8 @@ owning as many outlets of media as possible. A picture describes this pattern better than a thousand words could do:
-Pattern of modern media ownership. - + +
@@ -8737,6 +8838,7 @@ Moyers, 25 April 2003, edited transcript available at +democracymedia concentration and This narrowing has an effect on what is produced. The product of such large and concentrated networks is increasingly homogenous. @@ -8789,6 +8891,7 @@ In addition to the copyright wars, we're in the middle of the drug wars. Government policy is strongly directed against the drug cartels; criminal and civil courts are filled with the consequences of this battle. +criminal justice system Let me hereby disqualify myself from any possible appointment to any position in government by saying I believe this war is a profound @@ -9101,7 +9204,7 @@ we could say the law began to look like this: Noncommercial - ©/Free + © / Free Free @@ -9232,11 +9335,11 @@ lawyer. -PUZZLES +Puzzles -CHAPTER ELEVEN: Chimera +Chapter Eleven: Chimera chimeras Wells, H. G. Country of the Blind, The (Wells) @@ -9264,10 +9367,10 @@ sight to the villagers. They don't understand. He tells them they are blind. They don't have the word blind. They think he's just thick. Indeed, as they increasingly notice the things he can't do (hear the sound of grass being stepped on, for example), they increasingly try -to control him. He, in turn, becomes increasingly frustrated. `You -don't understand,' he cried, in a voice that was meant to be great and -resolute, and which broke. `You are blind and I can see. Leave me -alone!' +to control him. He, in turn, becomes increasingly frustrated. You +don't understand, he cried, in a voice that was meant to be great and +resolute, and which broke. You are blind and I can see. Leave me +alone! @@ -9515,7 +9618,7 @@ and will kill opportunities that could be extraordinarily valuable. -CHAPTER TWELVE: Harms +Chapter Twelve: Harms To fight piracy, to protect property, the content industry has launched a @@ -9570,6 +9673,8 @@ statement. You could write a poem to express your love, or you could weave together a string—a mash-up— of songs from your favorite artists in a collage and make it available on the Net. +democracydigital sharing within +Kodak cameras This digital capturing and sharing is in part an extension of the capturing and sharing that has always been integral to our culture, @@ -9602,7 +9707,7 @@ on remote topics of science or culture. There is a vast amount of creative work spread across the Internet. But as the law is currently crafted, this work is presumptively illegal. -Worldcom +WorldCom copyright infringement lawsuitsexaggerated claims of copyright infringement lawsuitsin recording industry doctors malpractice claims against @@ -9626,22 +9731,24 @@ See Lynne W. Jeter, Disconnected: Deceit and Betrayal at WorldComMCI Wins U.S. District Court Approval for SEC Settlement (7 July 2003), available at link #37. -Worldcom +WorldCom And under legislation being pushed in Congress right now, a doctor who negligently removes the wrong leg in an operation would be liable for no more than $250,000 in damages for pain and suffering. - The bill, modeled after California's tort reform model, was passed in the + +The bill, modeled after California's tort reform model, was passed in the House of Representatives but defeated in a Senate vote in July 2003. For -an overview, see Tanya Albert, Measure Stalls in Senate: `We'll Be Back,' +an overview, see Tanya Albert, Measure Stalls in Senate: We'll Be Back, Say Tort Reformers, amednews.com, 28 July 2003, available at link #38, and Senate Turns Back Malpractice Caps, CBSNews.com, 9 July 2003, available at link #39. President Bush has continued to urge tort reform in recent months. +tort reform Bush, George W. Can common sense recognize the absurdity in a world where @@ -9994,6 +10101,10 @@ that will obviously and necessarily stifle new innovation. It is hard enough to start a company. It is impossibly hard if that company is constantly threatened by litigation. +market constraints +permission culturetransaction cost of +regulationoutsize penalties of +technologylegal murkiness on @@ -10010,7 +10121,6 @@ innovation. If innovation is constantly checked by this uncertain and unlimited liability, we will have much less vibrant innovation and much less creativity. -market constraints The point is directly parallel to the crunchy-lefty point about fair use. Whatever the real law is, realism about the effect of law in @@ -10042,6 +10152,8 @@ within a permission culture are enough to bury a wide range of creativity. Someone needs to do a lot of justifying to justify that result. + + The uncertainty of the law is one burden on innovation. There is a second burden that operates more @@ -10193,6 +10305,8 @@ the story of the demise of Internet radio. artistsrecording industry payments to Kennedy, John F. +Monroe, Marilyn +radiomusic recordings played on @@ -10217,6 +10331,7 @@ than with the power of radio stations: Their lobbyists were quite good at stopping any efforts to get Congress to require compensation to the recording artists. + Enter Internet radio. Like regular radio, Internet radio is a technology to stream content from a broadcaster to a listener. The @@ -10828,7 +10943,7 @@ Jesse Jordan. See Frank Ahrens, RIAA's Lawsuits Meet Surprised Targets; Single Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants, Washington Post, 10 September 2003, E1; Chris Cobbs, Worried Parents -Pull Plug on File `Stealing'; With the Music Industry Cracking Down on +Pull Plug on File Stealing; With the Music Industry Cracking Down on File Swapping, Parents are Yanking Software from Home PCs to Avoid Being Sued, Orlando Sentinel Tribune, 30 August 2003, C1; Jefferson Graham, Recording Industry Sues Parents, USA Today, 15 September @@ -10838,6 +10953,7 @@ Brianna a Criminal? Toronto Star, 18 September 20 +Napsterrecording industry tracking users of Even this understates the espionage that is being waged by the RIAA. A report from CNN late last summer described a strategy the @@ -10868,7 +10984,7 @@ See Jeff Adler, Cambridge: On Campus, Pirates Are Not Penitent, Boston Globe, 18 May 2003, City Weekly, 1; Frank Ahrens, Four Students Sued over Music Sites; Industry Group Targets File Sharing at Colleges, Washington Post, 4 April 2003, E1; Elizabeth Armstrong, -Students `Rip, Mix, Burn' at Their Own Risk, Christian Science +Students Rip, Mix, Burn at Their Own Risk, Christian Science Monitor, 2 September 2003, 20; Robert Becker and Angela Rozas, Music Pirate Hunt Turns to Loyola; Two Students Names Are Handed Over; Lawsuit Possible, Chicago Tribune, 16 July 2003, 1C; Beth Cox, RIAA @@ -10898,6 +11014,7 @@ have already learned, our presumptions about innocence disappear in the middle of wars of prohibition. This war is no different. Says von Lohmann, +
So when we're talking about numbers like forty to sixty million @@ -10933,7 +11050,7 @@ effort through our democracy to change our law? -BALANCES +Balances @@ -10992,7 +11109,7 @@ success will require. -CHAPTER THIRTEEN: Eldred +Chapter Thirteen: Eldred Eldred, Eric Hawthorne, Nathaniel @@ -11107,6 +11224,7 @@ Sonny Bono, who, his widow, Mary Bono, says, believed that Bono, Mary Bono, Sonny +Valenti, Jackperpetual copyright term proposed by The full text is: Sonny [Bono] wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution. I invite all of you to work with me to @@ -11250,7 +11368,7 @@ much is it worth? Well, the adviser says, if you're confident that you will continue to get at least $100,000 a year from these copyrights, and you use the -`discount rate' that we use to evaluate estate investments (6 percent), +discount rate that we use to evaluate estate investments (6 percent), then this law would be worth $1,146,000 to the estate. @@ -11266,7 +11384,7 @@ would assure that the bill was passed? Absolutely, the adviser responds. It is worth it to you to contribute -up to the `present value' of the income you expect from these +up to the present value of the income you expect from these copyrights. Which for us means over $1,000,000. @@ -11342,6 +11460,9 @@ Supreme Court's decision in 1995 to strike down a law that banned the possession of guns near schools. +commerce, interstate +Congress, U.S.constitutional powers of +interstate commerce Since 1937, the Supreme Court had interpreted Congress's granted powers very broadly; so, while the Constitution grants Congress the @@ -11360,6 +11481,7 @@ commerce. A Constitution designed to limit Congress's power was instead interpreted to impose no limit. Rehnquist, William H. +United States v. Lopez The Supreme Court, under Chief Justice Rehnquist's command, changed that in United States v. Lopez. The government had @@ -11384,8 +11506,11 @@ Congress's power. The decision in Lopez was reaffirmed fi later in United States v. Morrison. United States v. Morrison, 529 U.S. 598 (2000). +United States v. Morrison + + If a principle were at work here, then it should apply to the Progress Clause as much as the Commerce Clause. @@ -11410,6 +11535,9 @@ limit. Thus, the same principle applied to the power to grant copyrights should entail that Congress is not allowed to extend the term of existing copyrights. + +Congress, U.S.Supreme Court restraint on +United States v. Lopez If, that is, the principle announced in Lopez stood for a principle. Many believed the decision in Lopez stood for @@ -11423,6 +11551,7 @@ 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. + Constitution, U.S.copyright purpose established in copyrightconstitutional purpose of copyrightduration of @@ -11474,6 +11603,8 @@ have created the perfect storm for the public domain. Copyrights have not expired, and will not expire, so long as Congress is free to be bought to extend them again. + + It is valuable copyrights that are responsible for terms being extended. Mickey Mouse and @@ -11501,6 +11632,7 @@ of Petitioners, Eldred v. Ashcroft +Kahle, Brewster Think practically about the consequence of this extension—practically, @@ -11758,6 +11890,7 @@ would not have interfered with anything. But this situation has now changed. +Kahle, Brewster archives, digital One crucially important consequence of the emergence of digital @@ -11799,6 +11932,7 @@ Brewster Kahle, then they will lower the costs for Random House, too. So won't Random House do as well as Brewster Kahle in spreading culture widely? + Maybe. Someday. But there is absolutely no evidence to suggest that publishers would be as complete as libraries. If Barnes & Noble @@ -11824,8 +11958,8 @@ culture, 94 percent of the films, books, and music produced between commercial market, if access is a value, then 6 percent is a failure to provide that value. -Jason Schultz, The Myth of the 1976 Copyright `Chaos' Theory, 20 -December 2002, available at +Jason Schultz, The Myth of the 1976 Copyright +Chaos Theory, 20 December 2002, available at link #54. @@ -11874,11 +12008,12 @@ most liberal judges in the D.C. Circuit believed Congress had overstepped its bounds. -It was here that most expected Eldred v. Ashcroft would die, for the -Supreme Court rarely reviews any decision by a court of appeals. (It -hears about one hundred cases a year, out of more than five thousand -appeals.) And it practically never reviews a decision that upholds a -statute when no other court has yet reviewed the statute. +It was here that most expected Eldred +v. Ashcroft would die, for the Supreme Court +rarely reviews any decision by a court of appeals. (It hears about one +hundred cases a year, out of more than five thousand appeals.) And it +practically never reviews a decision that upholds a statute when no +other court has yet reviewed the statute. But in February 2002, the Supreme Court surprised the world by @@ -11904,6 +12039,7 @@ retell this story to myself, I can never escape believing that my own mistake lost it. Steward, Geoffrey +Jones, Day, Reavis and Pogue (Jones Day) The mistake was made early, though it became obvious only at the very end. Our case had been supported @@ -11928,6 +12064,7 @@ Court. It had to seem as if dramatic harm were being done to free speech and free culture; otherwise, they would never vote against the most powerful media companies in the world. + I hate this view of the law. Of course I thought the Sonny Bono Act was a dramatic harm to free speech and free culture. Of course I still @@ -12053,6 +12190,7 @@ to describe special-interest legislation gone wild. Morrison, Alan Public Citizen Reagan, Ronald +Jones, Day, Reavis and Pogue (Jones Day) 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 @@ -12149,8 +12287,17 @@ favorites, through copyright, with who has the right to speak. was little I did beyond preparing for this case. Early on, as I said, I set the strategy. +Kennedy, Anthony +O'Connor, Sandra Day Rehnquist, William H. O'Connor, Sandra Day +Thomas, Clarence +United States v. Lopez +United States v. Morrison +Scalia, Antonin +Congress, U.S.Supreme Court restraint on +Supreme Court, U.S.congressional actions restrained by +Supreme Court, U.S.factions of The Supreme Court was divided into two important camps. One camp we called the Conservatives. The other we called the Rest. The @@ -12195,6 +12342,7 @@ also very sensitive to free speech concerns. And as we strongly believed, there was a very important free speech argument against these retrospective extensions. + The only vote we could be confident about was that of Justice @@ -12214,6 +12362,13 @@ argument that Judge Sentelle had relied upon in the Court of Appeals, that Congress's power must be interpreted so that its enumerated powers have limits. +United States v. Lopez +commerce, interstate +interstate commerce +Congress, U.S.in constitutional Progress Clause +Progress Clause +Congress, U.S.copyright terms extended by +Constitution, U.S.Progress Clause of This then was the core of our strategy—a strategy for which I am responsible. We would get the Court to see that just as with the @@ -12236,6 +12391,7 @@ beginning, Congress has been extending the term of existing copyrights. So, the government argued, the Court should not now say that practice is unconstitutional. + There was some truth to the government's claim, but not much. We certainly agreed that Congress had extended existing terms in 1831 @@ -12281,6 +12437,7 @@ this central idea. Ayer, Don Reagan, Ronald Fried, Charles +Jones, Day, Reavis and Pogue (Jones Day) One moot was before the lawyers at Jones Day. Don Ayer was the skeptic. He had served in the Reagan Justice Department with Solicitor @@ -12399,6 +12556,7 @@ number of briefs had been written about it. He wanted to hear it. And here was the place Don Ayer's advice should have mattered. This was a softball; my answer was a swing and a miss. +United States v. Lopez The second came from the Chief, for whom the whole case had been crafted. For the Chief Justice had crafted the Lopez ruling, @@ -12495,6 +12653,7 @@ money in the world against reasoning. And here was the last naïve law professor, scouring the pages, looking for reasoning. +United States v. Lopez I first scoured the opinion, looking for how the Court would distinguish the principle in this case from the principle in @@ -12527,6 +12686,7 @@ talk about the two together. There was therefore no principle that followed from the Lopez case: In that context, Congress's power would be limited, but in this context it would not. + Yet by what right did they get to choose which of the framers' values they would respect? By what right did they—the silent @@ -12563,6 +12723,7 @@ way, the point was clear: If the Constitution said a term had to be limited, and the existing term was so long as to be effectively unlimited, then it was unconstitutional. +United States v. Lopez These two justices understood all the arguments we had made. But because neither believed in the Lopez case, neither was willing to push @@ -12590,6 +12751,7 @@ light of the structure of the Constitution. That method had produced Lopez and many other originalist rulings. Where was their originalism now? + Here, they had joined an opinion that never once tried to explain what the framers had meant by crafting the Progress Clause as they @@ -12706,14 +12868,15 @@ in a time of such fruitful creative ferment. The best responses were in the cartoons. There was a gaggle of hilarious images—of Mickey in jail and the like. The best, from -my view of the case, was Ruben Bolling's, reproduced on the next page -(). The powerful and wealthy line is a bit -unfair. But the punch in the face felt exactly like that. +my view of the case, was Ruben Bolling's, reproduced in figure +. The powerful +and wealthy line is a bit unfair. But the punch in the face +felt exactly like that. Bolling, Ruben -
-Tom the Dancing Bug cartoon - +
+ + Bolling, Ruben
@@ -12728,7 +12891,7 @@ better lawyer would have made them see differently. -CHAPTER FOURTEEN: Eldred II +Chapter Fourteen: Eldred II The day Eldred was decided, fate would have it that I @@ -12774,6 +12937,8 @@ Congress allows for those works where its worth is at least $1. But for everything else, let the content go. Forbes, Steve +Democratic Party +Republican Party The reaction to this idea was amazingly strong. Steve Forbes endorsed it in an editorial. I received an avalanche of e-mail and letters @@ -12992,6 +13157,7 @@ introduced. On May 16, I posted on the Eldred Act blog, we are close. There was a general reaction in the blog community that something good might happen here. +Valenti, JackEldred Act opposed by But at this stage, the lobbyists began to intervene. Jack Valenti and the MPAA general counsel came to the congresswoman's office to give @@ -13123,8 +13289,8 @@ controlled by this dead (and often unfindable) hand of the past. - -CONCLUSION + +Conclusion Africa, medications for HIV patients in AIDS medications antiretroviral drugs @@ -13437,10 +13603,10 @@ Property Organization to cancel a meeting. Jonathan Krim, The Quiet War over Open-Source, Washington Post, August 2003, E1, available at link #59; William New, Global Group's -Shift on `Open Source' Meeting Spurs Stir, National Journal's Technology +Shift on Open Source Meeting Spurs Stir, National Journal's Technology Daily, 19 August 2003, available at link #60; William New, U.S. Official -Opposes `Open Source' Talks at WIPO, National Journal's Technology +Opposes Open Source Talks at WIPO, National Journal's Technology Daily, 19 August 2003, available at link #61. @@ -13615,6 +13781,7 @@ its lobbying efforts. Boland, Lois +Patent and Trademark Office, U.S. What was surprising was the United States government's reason for opposing the meeting. Again, as reported by Krim, Lois Boland, acting @@ -13672,7 +13839,7 @@ property system. That is, on the contrary, just what a property system is supposed to be about: giving individuals the right to decide what to do with their property. -Boland, Lois +Boland, Lois When Ms. Boland says that there is something wrong with a meeting which has as its purpose to disclaim or waive such rights, she's @@ -13746,7 +13913,7 @@ mistake. I have no illusion about the extremism of our government, whether Republican or Democrat. My only illusion apparently is about whether our government should speak the truth or not.) - + Obviously, however, the poster was not supporting that idea. Instead, the poster was ridiculing the very idea that in the real world, the @@ -13780,6 +13947,7 @@ something more than the handmaiden of the most powerful interests. It might be crazy to argue that we should preserve a tradition that has been part of our tradition for most of our history—free culture. + If this is crazy, then let there be more crazies. Soon. @@ -13928,8 +14096,9 @@ potential is ever to be realized. - -AFTERWORD + +Afterword +copyrightvoluntary reform efforts on @@ -13950,6 +14119,8 @@ authors, musicians, filmmakers, scientists—all to tell this story in their own words, and to tell their neighbors why this battle is so important. +RCA + Once this movement has its effect in the streets, it has some hope of having an effect in Washington. We are still a democracy. What people @@ -13960,7 +14131,8 @@ sketch changes that Congress could make to better secure a free culture.
-US, NOW +Us, now +copyrightvoluntary reform efforts on Common sense is with the copyright warriors because the debate so far has been framed at the @@ -14405,9 +14577,10 @@ downloads increased, the used book price for his book increased, as well. +Leaphart, Walter Public Enemy + rap music -Leaphart, Walter These are examples of using the Commons to better spread proprietary content. I believe that is a wonderful and common use of the @@ -14477,7 +14650,7 @@ creativity to spread more easily.
-THEM, SOON +Them, soon We will not reclaim a free culture by individual action alone. It will also take important reforms of @@ -14559,7 +14732,7 @@ developed by others.
-REGISTRATION AND RENEWAL +Registration and renewal Under the old system, a copyright owner had to file a registration with the Copyright Office to register or renew a copyright. When @@ -14582,6 +14755,9 @@ doesn't follow that the government must actually administer the role. Instead, we should be creating incentives for private parties to serve the public, subject to standards that the government sets. +domain names +Internetdomain name registration on +Web sites, domain name registration of In the context of registration, one obvious model is the Internet. There are at least 32 million Web sites registered around the world. @@ -14608,7 +14784,7 @@ of registrations that would facilitate the licensing of content.
-MARKING +Marking It used to be that the failure to include a copyright notice on a creative work meant that the copyright was forfeited. That was a harsh @@ -15237,6 +15413,8 @@ controlling access. artistsrecording industry payments to +semiotic democracy +democracysemiotic Fisher would balk at the idea of allowing the system to lapse. His aim is not just to ensure that artists are paid, but also to ensure that @@ -15486,29 +15664,30 @@ keep your lawyers away.
- -NOTES + +Notes Throughout this text, there are references to links on the World Wide Web. As anyone who has tried to use the Web knows, these links can be highly unstable. I have tried to remedy the instability by redirecting readers to the original source through the Web site associated with this book. For each link below, you can go to -http://free-culture.cc/notes and locate the original source by -clicking on the number after the # sign. If the original link remains -alive, you will be redirected to that link. If the original link has -disappeared, you will be redirected to an appropriate reference for -the material. + +and locate the original source by clicking on the number after the # +sign. If the original link remains alive, you will be redirected to +that link. If the original link has disappeared, you will be +redirected to an appropriate reference for the material. - + + - -ACKNOWLEDGMENTS + +Acknowledgments This book is the product of a long and as yet unsuccessful struggle that began when I read of Eric Eldred's war to keep books free. Eldred's @@ -15578,26 +15757,43 @@ grateful for her perpetual patience and love. + + + + + + + + +Free culture: How big media uses technology and the law to lock down +culture and control creativity / Lawrence Lessig. + + +Copyright © 2004 Lawrence Lessig. Some rights reserved. + + -This digital book was published by Petter Reinholdtsen in 2014. + + -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. +Published in 2015. First published 2004 by The Penguin Press. + -Copyright © Lawrence Lessig. Some rights reserved. +This English and Norwegian BokmÃ¥l edition was published by Petter +Reinholdtsen with help from many volunteers. + -This version of Free Culture 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 -http://creativecommons.org/licenses/by-nc/1.0/ +Typeset with +dblatex using the +font Crimson Text. + Excerpt from an editorial titled The Coming of Copyright Perpetuity, The New York Times, January @@ -15605,101 +15801,124 @@ Perpetuity, The New York Times, January with permission. -Cartoon in by Paul -Conrad, copyright Tribune Media Services, Inc. All rights +Cartoon in figure + by +Paul Conrad, copyright Tribune Media Services, Inc. All rights reserved. Reprinted with permission. -Diagram in +Diagram in figure + courtesy of the office of FCC Commissioner, Michael J. Copps. + -Library of Congress Cataloging-in-Publication Data +Cover created by Petter Reinholdtsen using inkscape. + -Lessig, Lawrence. -Free culture : how big media uses technology and the law to lock down -culture and control creativity / Lawrence Lessig. +The quotes on the cover came from +. + -p. cm. +Portrait on the cover was created 2013 by ActuaLitté and licensed +under a Creative Commons Attribution-ShareAlike 2.0 license. It was +downloaded from +. + + +Classifications: + + + +(Dewey) +306.4, +306.40973, +306.46, +341.7582, +343.7309/9 + + + +(UDK) 347.78 + + + +(US Library of Congress) KF2979.L47 2004 + + + +(ACM CRCS) K.4.1 + + + +Printing was sponsed by NUUG Foundation, +. + + Includes index. + + + +The Docbook source is available from +. +Please report any issues with the book there. + + + + + + + +This book 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 visit +. + + + +This book is a proof reading draft. Please visit the github URL above +to get the latest version. + + - ISBN Format / MIME-type + ISBN - 978-82-92812-XX-Y - text/plain + US Trade edition from lulu.com + 978-82-690182-0-2 - - 978-82-92812-XX-Y application/pdf + 978-82-690182-1-9 - 978-82-92812-XX-Y - text/html - - - 978-82-92812-XX-Y application/epub+zip + 978-82-690182-2-6 - 978-82-92812-XX-Y - application/docbook+xml - - - 978-82-92812-XX-Y application/x-mobipocket-ebook + 978-82-690182-3-3 - -1. Intellectual property—United States. - - -2. Mass media—United States. - - -3. Technological innovations—United States. - - -4. Art—United States. I. Title. - - -KF2979.L47 2004 - - -343.7309'9—dc22 2003063276 - - - -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 -a -github project. - - - -&translationblock; - -