X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/06c25520aeadcbc220e637c2f3cb9cd47228a26e..4534eb224ba41923f6294a4381ee4c9a1b618089:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index ec0f2e9..9176b63 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 + + 2015-09-04 - 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. + @@ -221,7 +258,7 @@ c INDEX -PREFACE +Preface Pogue, David At the end of his review of my first @@ -375,8 +412,8 @@ book is written. - -INTRODUCTION + +Introduction Wright brothers On December 17, 1903, on a windy North Carolina beach for just @@ -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 @@ -1215,7 +1252,7 @@ context the current battles about behavior labeled piracy. -CHAPTER ONE: Creators +Chapter One: Creators animated cartoons cartoon films filmsanimated @@ -1744,7 +1781,7 @@ 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 @@ -2240,8 +2277,6 @@ 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. - @@ -2707,7 +2742,7 @@ 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 +3000,7 @@ 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 @@ -3513,7 +3548,7 @@ 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 @@ -4571,7 +4606,7 @@ is protected. -<quote>PROPERTY</quote> +<quote>Property</quote> @@ -4652,7 +4687,7 @@ 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 +5290,7 @@ protected. -CHAPTER SEVEN: Recorders +Chapter Seven: Recorders copyright lawfair use and documentary film Else, Jon @@ -5488,7 +5523,7 @@ not. -CHAPTER EIGHT: Transformers +Chapter Eight: Transformers Allen, Paul Alben, Alex Microsoft @@ -5849,7 +5884,7 @@ curse, reserved for the few. -CHAPTER NINE: Collectors +Chapter Nine: Collectors archives, digital bots @@ -6213,7 +6248,7 @@ that Kahle and others would exercise. -CHAPTER TEN: <quote>Property</quote> +Chapter Ten: <quote>Property</quote> Johnson, Lyndon Kennedy, John F. @@ -6456,7 +6491,7 @@ 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 @@ -6585,7 +6620,7 @@ driving.
-Law has a special role in affecting the three. +
@@ -6649,7 +6684,7 @@ Let's say this is the picture of copyright's regulation before the Internet:
-Copyright's regulation before the Internet. +
@@ -6695,7 +6730,7 @@ after the fall of Saddam, but this time no government is justifying the looting that results.
-effective state of anarchy after the Internet. +
@@ -7019,14 +7054,14 @@ 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. +
@@ -7521,8 +7556,8 @@ 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 +7580,23 @@ 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 +7604,6 @@ 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 +7617,8 @@ 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 +7680,10 @@ 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 @@ -7907,9 +7941,14 @@ 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 +7963,12 @@ 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 +7987,8 @@ 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 +7996,7 @@ 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 +8008,7 @@ Ideas:
-List of the permissions for <quote>The Future of Ideas</quote>. +
@@ -8058,8 +8093,7 @@ 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>. +
@@ -8383,13 +8417,21 @@ 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 +8449,6 @@ 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 @@ -8622,8 +8660,8 @@ 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. - + +
@@ -9101,7 +9139,7 @@ we could say the law began to look like this: Noncommercial - ©/Free + © / Free Free @@ -9232,11 +9270,11 @@ lawyer. -PUZZLES +Puzzles -CHAPTER ELEVEN: Chimera +Chapter Eleven: Chimera chimeras Wells, H. G. Country of the Blind, The (Wells) @@ -9515,7 +9553,7 @@ 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 @@ -9602,7 +9640,7 @@ 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 @@ -9626,7 +9664,7 @@ 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 @@ -10933,7 +10971,7 @@ effort through our democracy to change our law? -BALANCES +Balances @@ -10992,7 +11030,7 @@ success will require. -CHAPTER THIRTEEN: Eldred +Chapter Thirteen: Eldred Eldred, Eric Hawthorne, Nathaniel @@ -12706,14 +12744,15 @@ 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 +12767,7 @@ 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 @@ -13123,8 +13162,8 @@ controlled by this dead (and often unfindable) hand of the past. - -CONCLUSION + +Conclusion Africa, medications for HIV patients in AIDS medications antiretroviral drugs @@ -13928,8 +13967,8 @@ potential is ever to be realized. - -AFTERWORD + +Afterword @@ -13960,7 +13999,7 @@ sketch changes that Congress could make to better secure a free culture.
-US, NOW +Us, now Common sense is with the copyright warriors because the debate so far has been framed at the @@ -14477,7 +14516,7 @@ 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 +14598,7 @@ 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 @@ -14608,7 +14647,7 @@ 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 @@ -15486,29 +15525,30 @@ 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 @@ -15577,27 +15617,89 @@ grateful for her perpetual patience and love. + + + + About this edition + +This edition of Free Culture is the result of +three years of volunteer work. The idea came from a discussion I had +around ten years ago with a friend about the copyright debate in +Norway, and how rarely the difficulties of long copyright made it into +the public debate. A bit more than three years ago I finally had a +look again at the idea and decided to publish a printed Norwegian +BokmÃ¥l version of Free Culture, translated and +formatted by volunteers. The new English edition is a by-product of +the translation process. + + + +Thanks to the Debian Edu / Skolelinux project, I already had +experience translating Docbook documents, and it seemed like a good +format for this book too. I found a Docbook formatted version of the +book created by Hans Schou. Initial testing showed lots of Docbook +validation errors in this version, but after some work I was able to +transform it to PDF and EPUB. This was the start of the translation +project. The Docbook file improved over time, and build rules were +added to create both English and BokmÃ¥l versions. Finally, a call for +volunteers went out to help me with the translation. + + + +Several people joined, and Anders Hagen Jarmund, Kirill Miazine and +Odd Kleiva assisted with the initial translation. Ralph Amissah and +his SiSu version provided index entries. Morten Sickel and Alexander +Alemayhu helped with the figures, redrawing some of the bitmaps as +vector images. Wivi Reinholdtsen, Ingrid Yrvin and Johannes Larsen +did very valuable proofreading. HÃ¥kon Wium Lie helped me track down a +good replacement font without usage restrictions instead of the one in +the original PDF. The PDF typesetting is done using dblatex, which we +selected over the alternatives thanks to the invaluable and quick help +from Benoît Guillon and Andreas Hoenen. Thomas Gramstad donated ISBN +numbers needed for distribution to book stores. Marc Jeanmougin from +the inkscape community helped me replicate the original front cover. +The support of Lawrence Lessig helped me to complete the project +– I am very thankful he had the original screen shots still +available after 11 years. + + + +I am also very grateful for my family for their patience with me in +this project. + + + +— Petter Reinholdtsen, Oslo 2015-09-04 + + + + -This digital book was published by Petter Reinholdtsen in 2014. +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. + -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. + + -Copyright © Lawrence Lessig. Some rights reserved. +Published in English and Norwegian BokmÃ¥l 2015 by Petter Reinholdtsen +with help from many volunteers. Typeset with dblatex using the font +Crimson Text. + -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/ +First published 2004 by The Penguin Press. + Excerpt from an editorial titled The Coming of Copyright Perpetuity, The New York Times, January @@ -15605,29 +15707,87 @@ 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 +. + Includes index. + +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 + + + +Thomas Gramstad Forlag donated the ISBN numbers. + + + + + +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. + + @@ -15639,67 +15799,24 @@ Includes index. - 978-82-92812-XX-Y - text/plain + 978-82-8067-010-6 + US Trade edition from lulu.com - - 978-82-92812-XX-Y + 978-82-8067-011-3 application/pdf - 978-82-92812-XX-Y - text/html - - - 978-82-92812-XX-Y + 978-82-8067-012-0 application/epub+zip - 978-82-92812-XX-Y - application/docbook+xml - - - 978-82-92812-XX-Y + 978-82-8067-013-7 application/x-mobipocket-ebook - - -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; - -