X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/25886c9706f4d896a035dc473ea6e25d5db9efe9..07b83b6645564d2a76b72f06a63101983cc112a8:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index b45eaa0..92161a1 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -30,6 +30,20 @@ Lawrence Lessig + - 1-59420-006-8 + 978-82-92812-XX-Y - - - -You can buy a copy of this book by clicking on one of the links below: - - -Amazon -B&N -Penguin - - - - - - -ALSO BY LAWRENCE LESSIG - - + +Also by Lawrence Lessig + + + + + + +The USA is lesterland: The nature of congressional corruption + + + +Republic, lost: How money corrupts Congress - and a plan to stop it + + + +Remix: Making art and commerce thrive in the hybrid economy + + + +Code: Version 2.0 + + + The Future of Ideas: The Fate of the Commons in a Connected World - - + + + Code: And Other Laws of Cyberspace - + + + + -To Eric Eldred—whose work first drew me to this cause, and for whom +To Eric Eldred — whose work first drew me to this cause, and for whom it continues still. + @@ -389,7 +413,7 @@ book is written. - + INTRODUCTION Wright brothers @@ -914,9 +938,9 @@ 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. Is it not about the +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, digital or otherwise. Nor is it an effort to demonize any individual or group, for neither do I believe in a devil, corporate or @@ -1229,7 +1253,7 @@ context the current battles about behavior labeled piracy. -CHAPTER ONE: Creators +Creators animated cartoons cartoon films filmsanimated @@ -1550,7 +1574,7 @@ flourish. As American graphic novelist Judd Winick said to me, The early days of comics in America are very much like what's going on in Japan now. … American comics were born out of copying each -other. … That's how [the artists] learn to draw—by going into comic +other. … That's how [the artists] learn to draw — by going into comic books and not tracing them, but looking at them and copying them and building from them. @@ -1646,8 +1670,8 @@ The term intellectual property is of relatively recent or Siva Vaidhyanathan, Copyrights and Copywrongs, 11 (New York: New York University Press, 2001). See also Lawrence Lessig, The Future of Ideas (New York: Random House, 2001), 293 n. 26. The term accurately -describes a set of property rights—copyright, patents, -trademark, and trade-secret—but the nature of those rights is +describes a set of property rights — copyright, patents, +trademark, and trade-secret — but the nature of those rights is very different. A large, diverse society cannot survive without property; a large, @@ -1758,7 +1782,7 @@ free culture. It is becoming much less so. -CHAPTER TWO: <quote>Mere Copyists</quote> +<quote>Mere Copyists</quote> Daguerre, Louis camera technology photography @@ -2721,7 +2745,7 @@ quipped to me in a rare moment of despondence. -CHAPTER THREE: Catalogs +Catalogs Jordan, Jesse RPIRensselaer Polytechnic Institute (RPI) Rensselaer Polytechnic Institute (RPI) @@ -2765,7 +2789,6 @@ access to material from that institution. Businesses do this all the time, enabling employees to have access to material that people outside the business can't get. Universities do it as well. - Jordan, Jesse Microsoftnetwork file system of @@ -2980,7 +3003,7 @@ wrong message. And he wants to correct the record. -CHAPTER FOUR: <quote>Pirates</quote> +<quote>Pirates</quote> piracyin development of content industry if value, then right theory @@ -3528,7 +3551,7 @@ last. Every generation—until now. -CHAPTER FIVE: <quote>Piracy</quote> +<quote>Piracy</quote> There is piracy of copyrighted material. Lots of it. This piracy comes in many forms. The most @@ -3779,9 +3802,10 @@ and how much p2p sharing harms before we know how strongly the law should seek to either prevent it or find an alternative to assure the author of his profit. -innovation -Fanning, Shawn +Fanning, Shawn +innovation +Napster Peer-to-peer sharing was made famous by Napster. But the inventors of the Napster technology had not made any major technological innovations. Like every great advance in innovation on the Internet @@ -3802,6 +3826,9 @@ Christensen's ideas, see Lawrence Lessig, Future, 89&ndas put together components that had been developed independently. +Kazaa +Napsternumber of registrations on +Napsterreplacement of The result was spontaneous combustion. Launched in July 1999, Napster amassed over 10 million users within nine months. After eighteen months, there were close to 80 million registered users of the @@ -3822,6 +3849,7 @@ users to make content available to any number of other users. With a p2p system, you can share your favorite songs with your best friend— or your 20,000 best friends. + According to a number of estimates, a huge proportion of Americans have tasted file-sharing technology. A study by Ipsos-Insight in @@ -4206,14 +4234,13 @@ found only with time. just what you call type A sharing? -You would think. And we should hope. But so far, it is not. The - effect +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 -beyond that one class of sharing. That much is obvious from the - Napster -case itself. When Napster told the district court that it had - developed -a technology to block the transfer of 99.4 percent of identified +beyond that one class of sharing. That much is obvious from the +Napster case itself. When Napster told the district court that it had +developed a technology to block the transfer of 99.4 percent of +identified + infringing material, the district court told counsel for Napster 99.4 percent was not good enough. Napster had to push the infringements @@ -4304,7 +4331,7 @@ Congress chose a path that would assure -Betamax +Betamax cassette recordingVCRs In the same year that Congress struck this balance, two major @@ -4377,6 +4404,7 @@ Copyright Infringements (Audio and Video Recorders), 485 (testimony 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 @@ -4662,7 +4690,7 @@ from the implications that the copyright warriors would have us draw. -CHAPTER SIX: Founders +Founders booksEnglish copyright law developed for copyright lawdevelopment of copyright lawEnglish @@ -5265,7 +5293,7 @@ protected. -CHAPTER SEVEN: Recorders +Recorders copyright lawfair use and documentary film Else, Jon @@ -5498,7 +5526,7 @@ not. -CHAPTER EIGHT: Transformers +Transformers Allen, Paul Alben, Alex Microsoft @@ -5744,9 +5772,12 @@ room of over 250 well-entertained judges. Taking an ominous tone, he began his talk with a question: Do you know how many federal laws were just violated in this room? -Boies, David -Alben, Alex +Alben, Alex +Boies, David +Court of AppealsNinth Circuit +Ninth Circuit Court of Appeals +Napster For of course, the two brilliantly talented creators who made this film hadn't done what Alben did. They hadn't spent a year clearing the rights to these clips; technically, what they had done violated the @@ -5856,7 +5887,7 @@ curse, reserved for the few. -CHAPTER NINE: Collectors +Collectors archives, digital bots @@ -6220,7 +6251,7 @@ that Kahle and others would exercise. -CHAPTER TEN: <quote>Property</quote> +<quote>Property</quote> Johnson, Lyndon Kennedy, John F. @@ -6463,8 +6494,8 @@ 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 @@ -6592,8 +6623,9 @@ driving.
-Law has a special role in affecting the three. - + + +
architecture, constraint effected through @@ -6655,8 +6687,9 @@ Let's say this is the picture of copyright's regulation before the Internet:
-Copyright's regulation before the Internet. - + + +
architecture, constraint effected through lawas constraint modality @@ -6700,8 +6733,9 @@ 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 regulationas establishment protectionism @@ -7023,15 +7057,15 @@ 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. @@ -7525,8 +7559,8 @@ 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 @@ -7549,16 +7583,16 @@ 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 ). @@ -7570,8 +7604,8 @@ 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 @@ -7586,13 +7620,8 @@ 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 @@ -7654,6 +7683,10 @@ 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 @@ -7912,8 +7945,9 @@ 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 @@ -7928,17 +7962,17 @@ 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. - + +
@@ -7956,8 +7990,8 @@ 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 @@ -7965,8 +7999,8 @@ 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) Lessig, Lawrence @@ -7977,8 +8011,8 @@ Ideas:
-List of the permissions for <quote>The Future of Ideas</quote>. - + +
No copying, no printing, and don't you dare try to listen to this book! @@ -8062,9 +8096,8 @@ 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>. - + +
@@ -8387,8 +8420,10 @@ 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 @@ -8411,9 +8446,11 @@ 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. - +
+— On which item have the courts ruled that manufacturers and +retailers be held responsible for having supplied the +equipment? +
Conrad, Paul @@ -8536,7 +8573,7 @@ media. Before this change happened, the different forms of media were owned by separate media companies. Now, the media is increasingly owned by only a few companies. Indeed, after the changes that the FCC announced in June 2003, most expect that within a few years, we will -live in a world where just three companies control more than percent +live in a world where just three companies control more than 85 percent of the media. @@ -8594,11 +8631,11 @@ of all cable revenue. This is a market far from the free press the framers sought to protect. Indeed, it is a market that is quite well protected— by the market. +Fallows, James Concentration in size alone is one thing. The more invidious change is in the nature of that concentration. As author James Fallows put it in a recent article about Rupert Murdoch, -Fallows, James
@@ -8626,8 +8663,8 @@ 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. - + +
@@ -8819,6 +8856,9 @@ depend fundamentally upon the press to help inform Americans about these issues. advertising +commercials +televisionadvertising on +Nick and Norm anti-drug campaign Beginning in 1998, the Office of National Drug Control Policy launched a media campaign as part of the war on drugs. The campaign produced @@ -8848,6 +8888,10 @@ money. Assume a group of concerned citizens donates all the money in the world to help you get your message out. Can you be sure your message will be heard then? +Constitution, U.S.First Amendment to +First Amendment +Supreme Court, U.S.on television advertising bans +televisioncontroversy avoided by No. You cannot. Television stations have a general policy of avoiding controversial ads. Ads sponsored by the government are deemed @@ -8874,24 +8918,29 @@ without reviewing them. The local ABC affiliate, WJOA, originally agreed to run the ads and accepted payment to do so, but later decided not to run the ads and returned the collected fees. Interview with Neal Levine, 15 October 2003. These restrictions are, of course, not -limited to drug policy. See, for example, Nat Ives, On the Issue of -an Iraq War, Advocacy Ads Meet with Rejection from TV Networks, New -York Times, 13 March 2003, C4. Outside of election-related air time -there is very little that the FCC or the courts are willing to do to -even the playing field. For a general overview, see Rhonda Brown, Ad -Hoc Access: The Regulation of Editorial Advertising on Television and -Radio, Yale Law and Policy Review 6 (1988): 449–79, and for a -more recent summary of the stance of the FCC and the courts, see -Radio-Television News Directors Association v. FCC, 184 F. 3d 872 +limited to drug policy. See, for example, Nat Ives, On the +Issue of an Iraq War, Advocacy Ads Meet with Rejection from TV +Networks, New York Times, 13 March +2003, C4. Outside of election-related air time there is very little +that the FCC or the courts are willing to do to even the playing +field. For a general overview, see Rhonda Brown, Ad Hoc Access: +The Regulation of Editorial Advertising on Television and +Radio, Yale Law and Policy Review 6 +(1988): 449–79, and for a more recent summary of the stance of +the FCC and the courts, see Radio-Television News Directors +Association v. FCC, 184 F. 3d 872 (D.C. Cir. 1999). Municipal authorities exercise the same authority as the networks. In a recent example from San Francisco, the San Francisco transit authority rejected an ad that criticized its Muni -diesel buses. Phillip Matier and Andrew Ross, Antidiesel Group Fuming -After Muni Rejects Ad, SFGate.com, 16 June 2003, available at -link #32. The ground -was that the criticism was too controversial. +diesel buses. Phillip Matier and Andrew Ross, Antidiesel Group +Fuming After Muni Rejects Ad, SFGate.com, 16 June 2003, +available at link +#32. The ground was that the criticism was too +controversial. + + I'd be happy to defend the networks' rights, as well—if we lived in a media market that was truly diverse. But concentration in the @@ -9093,7 +9142,7 @@ we could say the law began to look like this: Noncommercial - ©/Free + © / Free Free @@ -9228,7 +9277,7 @@ lawyer. -CHAPTER ELEVEN: Chimera +Chimera chimeras Wells, H. G. Country of the Blind, The (Wells) @@ -9507,7 +9556,7 @@ and will kill opportunities that could be extraordinarily valuable. -CHAPTER TWELVE: Harms +Harms To fight piracy, to protect property, the content industry has launched a @@ -9594,7 +9643,7 @@ 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 @@ -9618,7 +9667,7 @@ 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 @@ -10013,7 +10062,7 @@ creativity generally. Free market and free culture depend upon vibrant competition. Yet the effect of the law today is to stifle just this kind of competition. The effect is to produce an overregulated culture, just as the effect of too much control in the market is to -produce an overregulatedregulated market. +produce an overregulated-regulated market. The building of a permission culture, rather than a free culture, is @@ -10984,7 +11033,7 @@ success will require. -CHAPTER THIRTEEN: Eldred +Eldred Eldred, Eric Hawthorne, Nathaniel @@ -12001,7 +12050,7 @@ In the Supreme Court, the briefs on our side were about as diverse as it gets. They included an extraordinary historical brief by the Free -Software Foundation (home of the GNU project that made GNU/ Linux +Software Foundation (home of the GNU project that made GNU/Linux possible). They included a powerful brief about the costs of uncertainty by Intel. There were two law professors' briefs, one by copyright scholars and one by First Amendment scholars. There was an @@ -12698,14 +12747,15 @@ 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
@@ -12720,7 +12770,7 @@ better lawyer would have made them see differently. -CHAPTER FOURTEEN: Eldred II +Eldred II The day Eldred was decided, fate would have it that I @@ -13115,7 +13165,7 @@ controlled by this dead (and often unfindable) hand of the past. - + CONCLUSION Africa, medications for HIV patients in AIDS medications @@ -13920,7 +13970,7 @@ potential is ever to be realized. - + AFTERWORD @@ -15478,7 +15528,7 @@ keep your lawyers away. - + NOTES Throughout this text, there are references to links on the World Wide @@ -15499,7 +15549,7 @@ the material. - + ACKNOWLEDGMENTS This book is the product of a long and as yet unsuccessful struggle that @@ -15572,67 +15622,75 @@ grateful for her perpetual patience and love. + + -THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street New -York, New York - - -Copyright © Lawrence Lessig. All rights reserved. +Free culture: How big media uses technology and the law to lock down +culture and control creativity / Lawrence Lessig. -Excerpt from an editorial titled The Coming of Copyright Perpetuity, -The New York Times, January 16, 2003. Copyright -© 2003 by The New York Times Co. Reprinted with permission. +Copyright © Lawrence Lessig. Some rights reserved. -Cartoon in by Paul Conrad, copyright Tribune -Media Services, Inc. All rights reserved. Reprinted with permission. +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/ -Diagram in courtesy of the office of FCC -Commissioner, Michael J. Copps. +This digital book was published by Petter Reinholdtsen in 2015. The +original hardcover paper book was published in 2004 by The Penguin +Press. -Library of Congress Cataloging-in-Publication Data +Excerpt from an editorial titled The Coming of Copyright +Perpetuity, The New York Times, January +16, 2003. Copyright © 2003 by The New York Times Co. Reprinted +with permission. -Lessig, Lawrence. -Free culture : how big media uses technology and the law to lock down -culture and control creativity / Lawrence Lessig. +Cartoon in figure + by +Paul Conrad, copyright Tribune Media Services, Inc. All rights +reserved. Reprinted with permission. -p. cm. +Diagram in figure + +courtesy of the office of FCC Commissioner, Michael J. Copps. + Includes index. - -ISBN 1-59420-006-8 (hardcover) - -1. Intellectual property—United States. 2. Mass media—United States. - - -3. Technological innovations—United States. 4. Art—United States. I. Title. - - -KF2979.L47 - - -343.7309'9—dc22 - - -This book is printed on acid-free paper. - - -Printed in the United States of America +Classifications: (Dewey) +306.4 +306.40973 +306.46 +341.7582 +343.7309/9, +(UDK) 347.78 +(US Lib. of Congress) KF2979.L47 2004 +(ACM CRCS) K.4.1 + + + -1 3 5 7 9 10 8 6 4 +Typeset using the Crimson Text font and dblatex. The dblatex author +provided valuable help in formatting the print version of this book. + -Designed by Marysarah Quinn +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 +. @@ -15640,20 +15698,43 @@ Designed by Marysarah Quinn -Without limiting the rights under copyright reserved above, no part of -this publication may be reproduced, stored in or introduced into a -retrieval system, or transmitted, in any form or by any means -(electronic, mechanical, photocopying, recording or otherwise), -without the prior written permission of both the copyright owner and -the above publisher of this book. - - -The scanning, uploading, and distribution of this book via the -Internet or via any other means without the permission of the -publisher is illegal and punishable by law. Please purchase only -authorized electronic editions and do not participate in or encourage -electronic piracy of copyrighted materials. Your support of the -author's rights is appreciated. + + + + + ISBN + Format / MIME-type + + + + + 978-82-92812-XX-Y + text/plain + + + 978-82-92812-XX-Y + application/pdf + + + 978-82-92812-XX-Y + text/html + + + 978-82-92812-XX-Y + application/epub+zip + + + 978-82-92812-XX-Y + application/docbook+xml + + + 978-82-92812-XX-Y + application/x-mobipocket-ebook + + + + +