X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/21c57bca6c0c9e6f14557adec3b5b125efc608c0..71c727277f159aa89737deb2839d89c1c4274db3:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index dd08a2d..55462ec 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 @@ -413,8 +412,8 @@ 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. @@ -6494,7 +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 @@ -6623,7 +6620,7 @@ driving.
-Law has a special role in affecting the three. +
@@ -6687,7 +6684,7 @@ Let's say this is the picture of copyright's regulation before the Internet:
-Copyright's regulation before the Internet. +
@@ -6733,7 +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. +
@@ -7057,14 +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. +
@@ -7559,7 +7556,7 @@ We can see this point abstractly by beginning with this largely empty circle.
-All potential uses of a book. +
booksthree types of uses of @@ -7583,7 +7580,7 @@ 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. +
@@ -7592,10 +7589,14 @@ 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 -diagram in ). +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. -
-Republishing stands at the core of this circle of possible uses of a copyrighted work. - -
Constitution, U.S.First Amendment to First Amendment @@ -7620,14 +7617,9 @@ 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 @@ -7688,6 +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 @@ -7945,9 +7941,14 @@ software that publishers use to deliver e-books. It provides the technology, and the publisher delivers the content by using the technology. +
+ + +
-In 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 @@ -7962,16 +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. +
@@ -7990,8 +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 @@ -7999,7 +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) @@ -8011,7 +8008,7 @@ Ideas:
-List of the permissions for <quote>The Future of Ideas</quote>. +
@@ -8096,8 +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>. +
@@ -8421,14 +8417,21 @@ some uses that were illegal, the court held the companies producing the VCR responsible. -This led Conrad to draw the cartoon in -, 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 @@ -8446,10 +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 @@ -8661,8 +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. - + +
@@ -9271,11 +9270,11 @@ lawyer. -PUZZLES +Puzzles -Chimera +Chapter Eleven: Chimera chimeras Wells, H. G. Country of the Blind, The (Wells) @@ -9554,7 +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 @@ -10972,7 +10971,7 @@ effort through our democracy to change our law? -BALANCES +Balances @@ -11031,7 +11030,7 @@ success will require. -Eldred +Chapter Thirteen: Eldred Eldred, Eric Hawthorne, Nathaniel @@ -12745,13 +12744,14 @@ 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 in -. 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
@@ -12767,7 +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 @@ -13162,8 +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 @@ -13967,8 +13967,8 @@ potential is ever to be realized. - -AFTERWORD + +Afterword @@ -13999,7 +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 @@ -14516,7 +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 @@ -14598,7 +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 @@ -14647,7 +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 @@ -15525,29 +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 @@ -15616,29 +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 + + - + + 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 @@ -15646,26 +15707,31 @@ 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. -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 -. +Cover created by Petter Reinholdtsen using inkscape. -&translationblock; +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 +. @@ -15673,17 +15739,55 @@ Includes index. -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. + + + + + +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. + + @@ -15695,33 +15799,24 @@ Classifications: (Dewey) - 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 -