X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/07b83b6645564d2a76b72f06a63101983cc112a8..c4d5ab006c2103a17ba7831d8446d7d2c4140d58:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 92161a1..05c567d 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 @@ -90,21 +92,20 @@ -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/ +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 +. - ABOUT THE AUTHOR + About the author -LAWRENCE LESSIG +Lawrence Lessig (http://www.lessig.org), -professor of law and a John A. Wilson Distinguished Faculty Scholar -at Stanford Law School, is founder of the Stanford Center for Internet +professor of law and a Roy L. Furman Professor of Law and Leadership +at Harvard Law School, is founder of the Stanford Center for Internet and Society and is chairman of the Creative Commons (http://creativecommons.org). The author of The Future of Ideas (Random House, 2001) and Code: And @@ -112,11 +113,11 @@ Other Laws of Cyberspace (Basic Books, 1999), Lessig is a member of the boards of the Public Library of Science, the Electronic Frontier Foundation, and Public Knowledge. He was the winner of the Free Software Foundation's Award for the Advancement of Free Software, -twice listed in BusinessWeek's e.biz 25, and named one of Scientific -American's 50 visionaries. A graduate of the University of -Pennsylvania, Cambridge University, and Yale Law School, Lessig -clerked for Judge Richard Posner of the U.S. Seventh Circuit Court of -Appeals. +twice listed in BusinessWeek's e.biz 25, and named one +of Scientific American's 50 visionaries. A graduate of +the University of Pennsylvania, Cambridge University, and Yale Law +School, Lessig clerked for Judge Richard Posner of the U.S. Seventh +Circuit Court of Appeals. @@ -138,13 +139,15 @@ Appeals. --> - 978-82-92812-XX-Y + 978-82-8067-010-6 2003063276 + http://free-culture.cc/ + @@ -155,28 +158,22 @@ Also by Lawrence Lessig - -The USA is lesterland: The nature of congressional corruption +The USA is lesterland: The nature of congressional corruption (2014) - -Republic, lost: How money corrupts Congress - and a plan to stop it +Republic, lost: How money corrupts Congress - and a plan to stop it (2011) - -Remix: Making art and commerce thrive in the hybrid economy +Remix: Making art and commerce thrive in the hybrid economy (2008) - -Code: Version 2.0 +Code: Version 2.0 (2006) - -The Future of Ideas: The Fate of the Commons in a Connected World +The Future of Ideas: The Fate of the Commons in a Connected World (2001) - -Code: And Other Laws of Cyberspace +Code: And Other Laws of Cyberspace (1999) @@ -186,12 +183,14 @@ Code: And Other Laws of Cyberspace - + To Eric Eldred — whose work first drew me to this cause, and for whom it continues still. - + @@ -259,7 +258,7 @@ c INDEX -PREFACE +Preface Pogue, David At the end of his review of my first @@ -414,7 +413,7 @@ book is written. -INTRODUCTION +Introduction Wright brothers On December 17, 1903, on a windy North Carolina beach for just @@ -938,7 +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, @@ -1070,7 +1069,7 @@ to which most of us remain oblivious. -<quote>PIRACY</quote> +<quote>Piracy</quote> copyright lawEnglish @@ -1253,7 +1252,7 @@ context the current battles about behavior labeled piracy. -Creators +Chapter One: Creators animated cartoons cartoon films filmsanimated @@ -1782,7 +1781,7 @@ free culture. It is becoming much less so. -<quote>Mere Copyists</quote> +Chapter Two: <quote>Mere Copyists</quote> Daguerre, Louis camera technology photography @@ -2278,8 +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. - @@ -2745,7 +2742,7 @@ quipped to me in a rare moment of despondence. -Catalogs +Chapter Three: Catalogs Jordan, Jesse RPIRensselaer Polytechnic Institute (RPI) Rensselaer Polytechnic Institute (RPI) @@ -3003,7 +3000,7 @@ wrong message. And he wants to correct the record. -<quote>Pirates</quote> +Chapter Four: <quote>Pirates</quote> piracyin development of content industry if value, then right theory @@ -3551,7 +3548,7 @@ last. Every generation—until now. -<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 @@ -4609,7 +4606,7 @@ is protected. -<quote>PROPERTY</quote> +<quote>Property</quote> @@ -4690,7 +4687,7 @@ from the implications that the copyright warriors would have us draw. -Founders +Chapter Six: Founders booksEnglish copyright law developed for copyright lawdevelopment of copyright lawEnglish @@ -5293,7 +5290,7 @@ protected. -Recorders +Chapter Seven: Recorders copyright lawfair use and documentary film Else, Jon @@ -5526,7 +5523,7 @@ not. -Transformers +Chapter Eight: Transformers Allen, Paul Alben, Alex Microsoft @@ -5887,7 +5884,7 @@ curse, reserved for the few. -Collectors +Chapter Nine: Collectors archives, digital bots @@ -6251,7 +6248,7 @@ that Kahle and others would exercise. -<quote>Property</quote> +Chapter Ten: <quote>Property</quote> Johnson, Lyndon Kennedy, John F. @@ -7596,6 +7593,10 @@ diagram in figure ). +
+ + +
fair use copyright lawfair use and @@ -7603,10 +7604,6 @@ Finally, there is a tiny sliver of otherwise regulated copying uses that remain unregulated because the law considers these fair uses. -
- - -
Constitution, U.S.First Amendment to First Amendment @@ -7944,6 +7941,10 @@ software that publishers use to deliver e-books. It provides the technology, and the publisher delivers the content by using the technology. +
+ + +
In figure @@ -7962,10 +7963,6 @@ copy of Middlemarch, you'll see a fancy cover, and then a button at the bottom called Permissions. -
- - -
If you click on the Permissions button, you'll see a list of the permissions that the publisher purports to grant with this book. @@ -7991,7 +7988,7 @@ translation): Aristotle's Politics.
- +
According to its permissions, no printing or copying is permitted @@ -8429,6 +8426,12 @@ DMCA. 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 @@ -8446,12 +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. -
-— On which item have the courts ruled that manufacturers and -retailers be held responsible for having supplied the -equipment? - -
Conrad, Paul The obvious point of Conrad's cartoon is the weirdness of a world @@ -8664,7 +8661,7 @@ pattern better than a thousand words could do:
- +
@@ -9273,11 +9270,11 @@ lawyer. -PUZZLES +Puzzles -Chimera +Chapter Eleven: Chimera chimeras Wells, H. G. Country of the Blind, The (Wells) @@ -9556,7 +9553,7 @@ and will kill opportunities that could be extraordinarily valuable. -Harms +Chapter Twelve: Harms To fight piracy, to protect property, the content industry has launched a @@ -10974,7 +10971,7 @@ effort through our democracy to change our law? -BALANCES +Balances @@ -11033,7 +11030,7 @@ success will require. -Eldred +Chapter Thirteen: Eldred Eldred, Eric Hawthorne, Nathaniel @@ -12770,7 +12767,7 @@ better lawyer would have made them see differently. -Eldred II +Chapter Fourteen: Eldred II The day Eldred was decided, fate would have it that I @@ -13166,7 +13163,7 @@ controlled by this dead (and often unfindable) hand of the past. -CONCLUSION +Conclusion Africa, medications for HIV patients in AIDS medications antiretroviral drugs @@ -13971,7 +13968,7 @@ potential is ever to be realized. -AFTERWORD +Afterword @@ -14002,7 +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 @@ -14519,7 +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 @@ -14601,7 +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 @@ -14650,7 +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 @@ -15529,28 +15526,29 @@ 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 @@ -15619,30 +15617,97 @@ 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, Odd +Kleiva, Kjetil Kilhavn og Kjetil T. Homme 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, Johannes Larsen and Gisle Hannemyr 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. + + + +At the end of the book project, when the translation was done and it +was time to publish the book, I asked NUUG Foundation if they would be +willing to sponsor books to members of the Norwegian parliament and +other decision makers. I was very happy when they said yes. + + + +In addition to these great contributors, I am very grateful to Mari +and my family for their patience with me in this project. + + + +— Petter Reinholdtsen, Oslo 2015-09-07 + + - - + + Free culture: How big media uses technology and the law to lock down culture and control creativity / Lawrence Lessig. -Copyright © Lawrence Lessig. Some rights reserved. +Copyright © 2004 Lawrence Lessig. Some rights reserved. + -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 visit -http://creativecommons.org/licenses/by-nc/1.0/ + + -This digital book was published by Petter Reinholdtsen in 2015. The -original hardcover paper book was published in 2004 by The Penguin -Press. +Published in English and Norwegian BokmÃ¥l 2015 by Petter Reinholdtsen +with help from many volunteers. Typeset with dblatex using the font +Crimson Text. + + +First published 2004 by The Penguin Press. + + Excerpt from an editorial titled The Coming of Copyright Perpetuity, The New York Times, January @@ -15662,39 +15727,84 @@ courtesy of the office of FCC Commissioner, Michael J. Copps. -Includes index. +Cover created by Petter Reinholdtsen using inkscape. + + + +The quotes on the cover came from +. + + + +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 -Classifications: (Dewey) -306.4 -306.40973 -306.46 -341.7582 -343.7309/9, (UDK) 347.78 -(US Lib. of Congress) KF2979.L47 2004 + + + +(US Library of Congress) KF2979.L47 2004 + + + (ACM CRCS) K.4.1 - + +Thomas Gramstad Forlag donated the ISBN numbers. + + + +Printing was sponsed by NUUG Foundation, +. + -Typeset using the Crimson Text font and dblatex. The dblatex author -provided valuable help in formatting the print version of this book. +Includes index. + + -The source of this version of the book 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 by Petter Reinholdtsen with formatting and index -references. The source files for this book are available from +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 +. -&translationblock; +This book is a proof reading draft. Please visit the github URL above +to get the latest version. @@ -15702,39 +15812,31 @@ references. The source files for this book are available from - ISBN Format / MIME-type + ISBN - 978-82-92812-XX-Y - text/plain + US Trade edition from lulu.com + 978-82-8067-010-6 - 978-82-92812-XX-Y application/pdf + 978-82-8067-011-3 - 978-82-92812-XX-Y - text/html - - - 978-82-92812-XX-Y application/epub+zip + 978-82-8067-012-0 - 978-82-92812-XX-Y - application/docbook+xml - - - 978-82-92812-XX-Y application/x-mobipocket-ebook + 978-82-8067-013-7 - +