X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/1017e582e6e63a2974b1842bafd155e5eceb70f3..dfabc358e37d3f54d534cb390766c6e5754e53dc:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 78c43a5..b48f0df 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -2408,7 +2408,7 @@ that time listening to a satellite uplink with a reporter in Iraq. The New York headquarters was telling the reporter over and over that her account of the war was too bleak: She needed to offer a more optimistic story. When she told New York that wasn't warranted, they -told her that they were writing "the story.") +told her that they were writing "the story.") Blog space gives amateurs a way to enter the debate—"amateur" not in the sense of inexperienced, but in the @@ -3401,7 +3401,7 @@ legal wrong, but a locally legal wrong as well. True, these local rules have, in effect, been imposed upon these countries. No country can be part of the world economy and choose - + not to protect copyright internationally. We may have been born a pirate nation, but we will not allow any other nation to have a similar childhood. @@ -3412,20 +3412,22 @@ its laws regardless of their source. The international law under which these nations live gives them some opportunities to escape the burden of intellectual property law. -See Peter Drahos with John Braithwaite, Information Feudalism: Who -Owns the Knowledge Economy? (New York: The New Press, 2003), 10–13, -209. The Trade-Related Aspects of Intellectual Property Rights -(TRIPS) agreement obligates member nations to create administrative -and enforcement mechanisms for intellectual property rights, a costly -proposition for developing countries. Additionally, patent rights may -lead to higher prices for staple industries such as -agriculture. Critics of TRIPS question the disparity between burdens -imposed upon developing countries and benefits conferred to -industrialized nations. TRIPS does permit governments to use patents -for public, noncommercial uses without first obtaining the patent -holder's permission. Developing nations may be able to use this to -gain the benefits of foreign patents at lower prices. This is a -promising strategy for developing nations within the TRIPS framework. +See Peter Drahos with John Braithwaite, Information Feudalism: +Who Owns the Knowledge Economy? (New York: The +New Press, 2003), 10–13, 209. The Trade-Related Aspects of +Intellectual Property Rights (TRIPS) agreement obligates member +nations to create administrative and enforcement mechanisms for +intellectual property rights, a costly proposition for developing +countries. Additionally, patent rights may lead to higher prices for +staple industries such as agriculture. Critics of TRIPS question the +disparity between burdens imposed upon developing countries and +benefits conferred to industrialized nations. TRIPS does permit +governments to use patents for public, noncommercial uses without +first obtaining the patent holder's permission. Developing nations may +be able to use this to gain the benefits of foreign patents at lower +prices. This is a promising strategy for developing nations within the +TRIPS framework. +agricultural patents Drahos, Peter In my view, more developing nations should take advantage of that opportunity, but when they don't, then their laws @@ -6167,23 +6169,25 @@ is to confuse the stuff of politics with the vagaries of ordinary life. I don't mean to deny the value in this narrower view, which depends upon the context of the inquiry. I do, however, mean to argue against any insistence that this narrower view is the only proper view -of liberty. As I argued in Code, we come from a long tradition of -political thought with a broader focus than the narrow question of -what the government did when. John Stuart Mill defended freedom of -speech, for example, from the tyranny of narrow minds, not from the -fear of government prosecution; John Stuart Mill, On Liberty (Indiana: -Hackett Publishing Co., 1978), 19. John R. Commons famously defended -the economic freedom of labor from constraints imposed by the market; -John R. Commons, "The Right to Work," in Malcom Rutherford and Warren -J. Samuels, eds., John R. Commons: Selected Essays (London: +of liberty. As I argued in Code, we come from a +long tradition of political thought with a broader focus than the +narrow question of what the government did when. John Stuart Mill +defended freedom of speech, for example, from the tyranny of narrow +minds, not from the fear of government prosecution; John Stuart Mill, +On Liberty (Indiana: Hackett Publishing Co., +1978), 19. John R. Commons famously defended the economic freedom of +labor from constraints imposed by the market; John R. Commons, "The +Right to Work," in Malcom Rutherford and Warren J. Samuels, eds., +John R. Commons: Selected Essays (London: Routledge: 1997), 62. The Americans with Disabilities Act increases the liberty of people with physical disabilities by changing the architecture of certain public places, thereby making access to those -places easier; 42 United States Code, section 12101 (2000). Each of -these interventions to change existing conditions changes the liberty -of a particular group. The effect of those interventions should be -accounted for in order to understand the effective liberty that each -of these groups might face. +places easier; 42 United States Code, section +12101 (2000). Each of these interventions to change existing +conditions changes the liberty of a particular group. The effect of +those interventions should be accounted for in order to understand the +effective liberty that each of these groups might face. +Americans with Disabilities Act (1990) Commons, John R. @@ -7425,8 +7429,8 @@ following report: Wonderland". + - Here was a public domain children's book that you were not allowed to copy, not allowed to lend, not allowed to give, and, as the "permissions" indicated, not allowed to "read aloud"! @@ -7465,9 +7469,16 @@ often crazy. To see the point in a particularly absurd context, consider a favorite story of mine that makes the same point. - + Aibo robotic dog + + robotic dog + + + Sony + Aibo robotic dog produced by + Consider the robotic dog made by Sony named "Aibo." The Aibo learns tricks, cuddles, and follows you around. It eats only electricity @@ -7477,7 +7488,7 @@ and that doesn't leave that much of a mess (at least in your house). The Aibo is expensive and popular. Fans from around the world have set up clubs to trade stories. One fan in particular set up a Web site to enable information about the Aibo dog to be shared. This fan set - + up aibopet.com (and aibohack.com, but that resolves to the same site), and on that site he provided information about how to teach an Aibo to do tricks in addition to the ones Sony had taught it. @@ -7491,16 +7502,18 @@ was giving information to users of the Aibo pet about how to hack their computer "dog" to make it do new tricks (thus, aibohack.com). -If you're not a programmer or don't know many programmers, the -word hack has a particularly unfriendly connotation. Nonprogrammers -hack bushes or weeds. Nonprogrammers in horror movies do even -worse. But to programmers, or coders, as I call them, hack is a much -more positive term. Hack just means code that enables the program to -do something it wasn't originally intended or enabled to do. If you buy -a new printer for an old computer, you might find the old computer -doesn't run, or "drive," the printer. If you discovered that, you'd later be -happy to discover a hack on the Net by someone who has written a -driver to enable the computer to drive the printer you just bought. +If you're not a programmer or don't know many programmers, the word +hack has a particularly unfriendly +connotation. Nonprogrammers hack bushes or weeds. Nonprogrammers in +horror movies do even worse. But to programmers, or coders, as I call +them, hack is a much more positive +term. Hack just means code that enables the +program to do something it wasn't originally intended or enabled to +do. If you buy a new printer for an old computer, you might find the +old computer doesn't run, or "drive," the printer. If you discovered +that, you'd later be happy to discover a hack on the Net by someone +who has written a driver to enable the computer to drive the printer +you just bought. Some hacks are easy. Some are unbelievably hard. Hackers as a @@ -7516,7 +7529,9 @@ dance jazz. The dog wasn't programmed to dance jazz. It was a clever bit of tinkering that turned the dog into a more talented creature than Sony had built. - + + + I've told this story in many contexts, both inside and outside the United States. Once I was asked by a puzzled member of the audience, @@ -7603,6 +7618,16 @@ academic essay, unintelligible to most people. But it clearly showed the weakness in the SDMI system, and why SDMI would not, as presently constituted, succeed. + + Aibo robotic dog + + + robotic dog + + + Sony + Aibo robotic dog produced by + What links these two, aibopet.com and Felten, is the letters they then received. Aibopet.com received a letter from Sony about the @@ -7616,6 +7641,9 @@ AIBO-ware's copy protection protocol constituting a violation of the anti-circumvention provisions of the Digital Millennium Copyright Act. + + + And though an academic paper describing the weakness in a system of encryption should also be perfectly legal, Felten received a letter @@ -7662,6 +7690,12 @@ measures. It was designed to ban those devices, whether or not the use of the copyrighted material made possible by that circumvention would have been a copyright violation. +Aibo robotic dog +robotic dog + + Sony + Aibo robotic dog produced by + Aibopet.com and Felten make the point. The Aibo hack circumvented a copyright protection system for the purpose of enabling the dog to @@ -7762,6 +7796,12 @@ technologies absolutely, despite the potential that they might do some good, but permits guns, despite the obvious and tragic harm they do. Conrad, Paul +Aibo robotic dog +robotic dog + + Sony + Aibo robotic dog produced by + The Aibo and RIAA examples demonstrate how copyright owners are changing the balance that copyright law grants. Using code, copyright @@ -11399,7 +11439,7 @@ 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 +certainly agreed that Congress had extended existing terms in 1831 and in 1909. And of course, in 1962, Congress began extending existing terms regularly—eleven times in forty years.