X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/2c9c248797b38d6774d0bb783cc4d4e44ee5f1cb..b8830e24eee8650d7e2a693bbdcaeca5f1cee7e8:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index faa4e5d..37be603 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -67,10 +67,10 @@ - + - + Creative Commons, Some rights reserved @@ -135,10 +135,9 @@ Appeals. 2003063276 - - - - + + + You can buy a copy of this book by clicking on one of the links below: @@ -148,9 +147,11 @@ You can buy a copy of this book by clicking on one of the links below: Penguin + - + + ALSO BY LAWRENCE LESSIG @@ -160,13 +161,17 @@ The Future of Ideas: The Fate of the Commons in a Connected World Code: And Other Laws of Cyberspace - + + + THE PENGUIN PRESS, NEW YORK - + + + FREE CULTURE @@ -180,8 +185,9 @@ AND CONTROL CREATIVITY LAWRENCE LESSIG - + + THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street New York, New York @@ -255,17 +261,20 @@ 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. +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. - + To Eric Eldred—whose work first drew me to this cause, and for whom it continues still. @@ -370,7 +379,7 @@ Pogue might have been right in 1999—I'm skeptical, but maybe. But even if he was right then, the point is not right now: Free Culture is about the troubles the Internet causes even after the modem is turned - + off. It is an argument about how the battles that now rage regarding life on-line have fundamentally affected "people who aren't online." There is no switch that will insulate us from the Internet's effect. @@ -463,7 +472,7 @@ like Stallman, I believe those are values of our past that will need to be defended in our future. A free culture has been our past, but it will only be our future if we change the path we are on right now. - + Like Stallman's arguments for free software, an argument for free culture stumbles on a confusion that is hard to avoid, and even harder to understand. A free culture is not a culture without property; it is not @@ -486,7 +495,7 @@ book is written. - + INTRODUCTION On December 17, 1903, on a windy North Carolina beach for just @@ -574,7 +583,7 @@ Goldstein, Real Property (Mineola, N.Y.: Foundation Press This is how the law usually works. Not often this abruptly or impatiently, but eventually, this is how it works. It was Douglas's style not to dither. Other justices would have blathered on for pages to reach the - + conclusion that Douglas holds in a single line: "Common sense revolts at the idea." But whether it takes pages or a few words, it is the special genius of a common law system, as ours is, that the law adjusts to the @@ -662,7 +671,7 @@ was working for RCA. RCA was the dominant player in the then dominant AM radio market. By 1935, there were a thousand radio stations across the United States, but the stations in large cities were all owned by a handful of networks. - + RCA's president, David Sarnoff, a friend of Armstrong's, was eager @@ -761,7 +770,7 @@ the government to protect it. The rhetoric of this protection is of course always public spirited; the reality is something different. Ideas that were as solid as rock in one age, but that, left to themselves, would crumble in - + another, are sustained through this subtle corruption of our political process. RCA had what the Causbys did not: the power to stifle the effect of technological change. @@ -1009,7 +1018,7 @@ Wright brothers technology, most of us are simply unsympathetic. Common sense does not revolt. Unlike in the case of the unlucky Causbys, common sense is on the side of the property owners in this war. Unlike - + the lucky Wright brothers, the Internet has not inspired a revolution on its side. @@ -1218,6 +1227,7 @@ Byzantine complexity that copyright law has become. It was just one more expense of doing business. Florida, Richard +Rise of the Creative Class, The (Florida) But with the birth of the Internet, this natural limit to the reach of the law has disappeared. The law controls not just the creativity of @@ -1235,17 +1245,20 @@ commercial and noncommercial creativity, the law burdens this creativity with insanely complex and vague rules and with the threat of obscenely severe penalties. We may -be seeing, as Richard Florida writes, the "Rise of the Creative Class." +be seeing, as Richard Florida writes, the "Rise of the Creative +Class." -In The Rise of the Creative Class (New York: Basic Books, 2002), -Richard Florida documents a shift in the nature of labor toward a -labor of creativity. His work, however, doesn't directly address the -legal conditions under which that creativity is enabled or stifled. I -certainly agree with him about the importance and significance of this -change, but I also believe the conditions under which it will be -enabled are much more tenuous. +In The Rise of the Creative Class (New York: +Basic Books, 2002), Richard Florida documents a shift in the nature of +labor toward a labor of creativity. His work, however, doesn't +directly address the legal conditions under which that creativity is +enabled or stifled. I certainly agree with him about the importance +and significance of this change, but I also believe the conditions +under which it will be enabled are much more tenuous. + Florida, Richard +Rise of the Creative Class, The (Florida) Unfortunately, we are also seeing an extraordinary rise of regulation of this creative class. @@ -1258,7 +1271,7 @@ context the current battles about behavior labeled "piracy." - + CHAPTER ONE: Creators In 1928, a cartoon character was born. An early Mickey Mouse @@ -1712,7 +1725,7 @@ free culture. It is becoming much less so. - + CHAPTER TWO: "Mere Copyists" photography @@ -2155,7 +2168,7 @@ for me something that reflects that." Not by giving a kid a video camera and … saying, "Let's go have fun with the video camera and make a little movie." But instead, really help you take these elements that you understand, that are your language, and construct meaning -about the topic. … +about the topic.… That empowers enormously. And then what happens, of @@ -2581,8 +2594,12 @@ quipped to me in a rare moment of despondence. - + CHAPTER THREE: Catalogs +RPIRensselaer Polytechnic Institute (RPI) + + Rensselaer Polytechnic Institute (RPI) + In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as a freshman at Rensselaer Polytechnic Institute, in Troy, New York. @@ -2720,6 +2737,7 @@ Suit Alleges $97.8 Billion in Damages," Professional Media Group LCC< (2003): 5, available at 2003 WL 55179443. + Jesse called his parents. They were supportive but a bit frightened. An uncle was a lawyer. He began negotiations with the RIAA. They @@ -2796,7 +2814,7 @@ wrong message. And he wants to correct the record." - + CHAPTER FOUR: "Pirates" If "piracy" means using the creative property of others without @@ -2903,6 +2921,7 @@ how requires a bit of detail about the way the law regulates music. Fourneaux, Henri +Russel, Phil At the time that Edison and Henri Fourneaux invented machines for reproducing music (Edison the phonograph, Fourneaux the player @@ -3193,6 +3212,7 @@ give away. Anello, Douglas Burdick, Quentin +Hyde, Rosel H. Broadcasters and copyright owners were quick to attack this theft. Rosel Hyde, chairman of the FCC, viewed the practice as a kind of @@ -3203,6 +3223,7 @@ Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary, 89th Cong., 2nd sess., 78 (1966) (statement of Rosel H. Hyde, chairman of the Federal Communications Commission). +Hyde, Rosel H. There may have been a "public interest" in spreading the reach of cable TV, but as Douglas Anello, general counsel to the National Association @@ -3241,6 +3262,7 @@ United Artists Television, Inc.). +Heston, Charlton These were "free-ride[rs]," Screen Actor's Guild president Charlton Heston said, who were "depriving actors of @@ -3248,7 +3270,9 @@ compensation." Copyright Law Revision—CATV, 209 (statement of Charlton Heston, president of the Screen Actors Guild). - +Heston, Charlton + + But again, there was another side to the debate. As Assistant Attorney @@ -3310,7 +3334,7 @@ last. Every generation—until now. - + CHAPTER FIVE: "Piracy" There is piracy of copyrighted material. Lots of it. This piracy comes @@ -4162,8 +4186,7 @@ enough, this "taking" notwithstanding. If we put these cases together, a pattern is clear: - -Pattern of Court and Congress response + @@ -4200,7 +4223,7 @@ together, a pattern is clear: -
+ In each case throughout our history, a new technology changed the @@ -4387,8 +4410,9 @@ from the implications that the copyright warriors would have us draw. - + CHAPTER SIX: Founders +Henry V William Shakespeare wrote Romeo and Juliet in 1595. The play was first published in 1597. It was the eleventh major play that @@ -4531,41 +4555,35 @@ distribute, the exclusive right to perform, and so on. So, for example, even if the copyright to Shakespeare's works were perpetual, all that would have meant under the original meaning of the -term was that no one could reprint Shakespeare's work without the - permission -of the Shakespeare estate. It would not have controlled - anything, -for example, about how the work could be performed, whether +term was that no one could reprint Shakespeare's work without the +permission of the Shakespeare estate. It would not have controlled +anything, for example, about how the work could be performed, whether the work could be translated, or whether Kenneth Branagh would be -allowed to make his films. The "copy-right" was only an exclusive right -to print—no less, of course, but also no more. +allowed to make his films. The "copy-right" was only an exclusive +right to print—no less, of course, but also no more. +Henry VIII, King of England Even that limited right was viewed with skepticism by the British. -They had had a long and ugly experience with "exclusive rights," - especially -"exclusive rights" granted by the Crown. The English had fought -a civil war in part about the Crown's practice of handing out - monopolies—especially -monopolies for works that already existed. King Henry -VIII granted a patent to print the Bible and a monopoly to Darcy to -print playing cards. The English Parliament began to fight back -against this power of the Crown. In 1656, it passed the Statute of - Monopolies, -limiting monopolies to patents for new inventions. And by -1710, Parliament was eager to deal with the growing monopoly in -publishing. - - -Thus the "copy-right," when viewed as a monopoly right, was - naturally -viewed as a right that should be limited. (However convincing -the claim that "it's my property, and I should have it forever," try +They had had a long and ugly experience with "exclusive rights," +especially "exclusive rights" granted by the Crown. The English had +fought a civil war in part about the Crown's practice of handing out +monopolies—especially monopolies for works that already +existed. King Henry VIII granted a patent to print the Bible and a +monopoly to Darcy to print playing cards. The English Parliament began +to fight back against this power of the Crown. In 1656, it passed the +Statute of Monopolies, limiting monopolies to patents for new +inventions. And by 1710, Parliament was eager to deal with the growing +monopoly in publishing. + + +Thus the "copy-right," when viewed as a monopoly right, was naturally +viewed as a right that should be limited. (However convincing the +claim that "it's my property, and I should have it forever," try sounding convincing when uttering, "It's my monopoly, and I should -have it forever.") The state would protect the exclusive right, but only -so long as it benefited society. The British saw the harms from - specialinterest -favors; they passed a law to stop them. +have it forever.") The state would protect the exclusive right, but +only so long as it benefited society. The British saw the harms from +specialinterest favors; they passed a law to stop them. Second, about booksellers. It wasn't just that the copyright was a @@ -4689,6 +4707,7 @@ under the Statute of Anne. Mark Rose, Authors and Owners (Cambridge: Harvard University Press, 1993), 92. +Rose, Mark Donaldson's publishing house prospered @@ -4888,7 +4907,7 @@ protected. - + CHAPTER SEVEN: Recorders Jon Else is a filmmaker. He is best known for his documentaries and @@ -5085,7 +5104,7 @@ not. - + CHAPTER EIGHT: Transformers Allen, Paul Alben, Alex @@ -5442,7 +5461,7 @@ curse, reserved for the few. - + CHAPTER NINE: Collectors In April 1996, millions of "bots"—computer codes designed to @@ -5554,6 +5573,7 @@ Barbara Walters you could get access to [the archives], but if you are just a graduate student?" As Kahle put it,
+Quayle, Dan Do you remember when Dan Quayle was interacting with Murphy Brown? Remember that back and forth surreal experience of a politician @@ -5771,7 +5791,7 @@ that Kahle and others would exercise. - + CHAPTER TEN: "Property" Jack Valenti has been the president of the Motion Picture Association @@ -6255,6 +6275,7 @@ the changing technology of the Internet has not had a profound effect on the content industry's way of doing business, or as John Seely Brown describes it, its "architecture of revenue." +railroad industry But just because a particular interest asks for government support, it doesn't follow that support should be granted. And just because @@ -6852,6 +6873,7 @@ derivative works. See Jed Rubenfeld, "The Freedom of Imagination: Copyright's Constitutionality," Yale Law Journal 112 (2002): 1–60 (see especially pp. 53–59). +Rubenfeld, Jeb These two different uses of my creative work are treated the same. @@ -7443,9 +7465,16 @@ 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 @@ -7469,16 +7498,18 @@ 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 @@ -7494,7 +7525,9 @@ 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, @@ -7581,6 +7614,16 @@ 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 @@ -7594,6 +7637,9 @@ 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 @@ -7640,6 +7686,12 @@ 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 @@ -7660,6 +7712,7 @@ suggested, Felten himself was distributing a circumvention technology. Thus, even though he was not himself infringing anyone's copyright, his academic paper was enabling others to infringe others' copyright. +Rogers, Fred The bizarreness of these arguments is captured in a cartoon drawn in 1981 by Paul Conrad. At that time, a court in California had held that @@ -7692,6 +7745,7 @@ important. 455 fn. 27 (1984). Rogers never changed his view about the VCR. See James Lardner, Fast Forward: Hollywood, the Japanese, and the Onslaught of the VCR (New York: W. W. Norton, 1987), 270–71. +Rogers, Fred @@ -7738,6 +7792,12 @@ 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 @@ -8303,8 +8363,7 @@ combine these two distinctions and draw a clear map of the changes that copyright law has undergone. In 1790, the law looked like this: - -Law status in 1790 + @@ -8326,7 +8385,7 @@ that copyright law has undergone. In 1790, the law looked like this: -
+ The act of publishing a map, chart, and book was regulated by @@ -8341,8 +8400,7 @@ noncommercial work was also free. By the end of the nineteenth century, the law had changed to this: - -Law status at the end of ninetheenth centory + @@ -8364,7 +8422,7 @@ By the end of the nineteenth century, the law had changed to this: -
+ Derivative works were now regulated by copyright law—if @@ -8380,8 +8438,7 @@ expanded. Thus by 1975, as photocopying machines became more common, we could say the law began to look like this: - -Law status in 1975 + @@ -8403,7 +8460,7 @@ we could say the law began to look like this: -
+ The law was interpreted to reach noncommercial copying through, say, @@ -8413,8 +8470,7 @@ technologies, especially in the context of a digital network, means that the law now looks like this: - -Law status now + @@ -8436,7 +8492,7 @@ that the law now looks like this: -
+ Every realm is governed by copyright law, whereas before most @@ -8528,7 +8584,7 @@ lawyer. PUZZLES - + CHAPTER ELEVEN: Chimera chimeras @@ -8808,7 +8864,7 @@ and will kill opportunities that could be extraordinarily valuable. - + CHAPTER TWELVE: Harms To fight "piracy," to protect "property," the content industry has @@ -9098,6 +9154,7 @@ Consider one example to make the point, a story whose beginning I told in The Future of Ideas and which has progressed in a way that even I (pessimist extraordinaire) would never have predicted. +Roberts, Michael In 1997, Michael Roberts launched a company called MP3.com. MP3.com was keen to remake the music business. Their goal was not just to @@ -9187,6 +9244,7 @@ such a view of the law will cost you and your firm dearly. Hummer, John Barry, Hank +Hummer Winblad This strategy is not just limited to the lawyers. In April 2003, Universal and EMI brought a lawsuit against Hummer Winblad, the @@ -9420,6 +9478,7 @@ Digital Media in a Post-Napster World," 27 June 2003, 33–34, available at link #44. Berman, Howard L. +Hollings, Fritz But there is one example that captures the flavor of them all. This is the story of the demise of Internet radio. @@ -9665,6 +9724,7 @@ economic consequences from Internet radio that would justify these differences? Was the motive to protect artists against piracy? Alben, Alex +Real Networks In a rare bit of candor, one RIAA expert admitted what seemed obvious to everyone at the time. As Alex Alben, vice president for Public @@ -9680,12 +9740,11 @@ the same period of time. And so the attorneys representing the webcasters asked the RIAA, … "How do you come up with a -rate that's so much higher? Why is it worth more than radio? - Because -here we have hundreds of thousands of webcasters who -want to pay, and that should establish the market rate, and if you -set the rate so high, you're going to drive the small webcasters out -of business. …" +rate that's so much higher? Why is it worth more than radio? Because +here we have hundreds of thousands of webcasters who want to pay, and +that should establish the market rate, and if you set the rate so +high, you're going to drive the small webcasters out of +business. …" And the RIAA experts said, "Well, we don't really model this as an @@ -10186,8 +10245,11 @@ success will require. - + CHAPTER THIRTEEN: Eldred + + Hawthorne, Nathaniel + In 1995, a father was frustrated that his daughters didn't seem to like Hawthorne. No doubt there was more than one such father, but at @@ -10227,6 +10289,7 @@ animated cartoons, sometimes successfully (Cinderella), s (The Hunchback of Notre Dame, Treasure Planet). These are all commercial publications of public domain works. + The Internet created the possibility of noncommercial publications of public domain works. Eldred's is just one example. There are literally @@ -10511,6 +10574,7 @@ activity, when considered on a national scale, affects interstate commerce. A Constitution designed to limit Congress's power was instead interpreted to impose no limit. +Rehnquist, William H. The Supreme Court, under Chief Justice Rehnquist's command, changed that in United States v. Lopez. The government had @@ -10738,6 +10802,7 @@ digitized, and hence will simply rot away on shelves. But the for other creative works is much more dire. Agee, Michael +Hal Roach Studios Laurel and Hardy Films Consider the story of Michael Agee, chairman of Hal Roach Studios, @@ -11168,6 +11233,7 @@ Law Libraries, and the National Writers Union. American Association of Law Libraries National Writers Union +Hal Roach Studios But two briefs captured the policy argument best. One made the argument I've already described: A brief by Hal Roach Studios argued @@ -11205,6 +11271,9 @@ Kathleen Sullivan, who had argued many cases in the Court, and who had advised us early on about a First Amendment strategy; and finally, former solicitor general Charles Fried. Fried, Charles +Morrison, Alan +Public Citizen +Reagan, Ronald Fried was a special victory for our side. Every other former solicitor @@ -11281,15 +11350,16 @@ favorites, through copyright, with who has the right to speak. Between February and October, there was little I did beyond preparing for this case. Early on, as I said, I set the strategy. +Rehnquist, William H. -The Supreme Court was divided into two important camps. One -camp we called "the Conservatives." The other we called "the Rest." -The Conservatives included Chief Justice Rehnquist, Justice O'Connor, +The Supreme Court was divided into two important camps. One camp we +called "the Conservatives." The other we called "the Rest." The +Conservatives included Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Thomas. These five had been the most consistent in limiting Congress's power. They were the -five who had supported the Lopez/Morrison line of cases that said that -an enumerated power had to be interpreted to assure that Congress's -powers had limits. +five who had supported the Lopez/Morrison line +of cases that said that an enumerated power had to be interpreted to +assure that Congress's powers had limits. Breyer, Stephen @@ -11333,28 +11403,28 @@ had consistently argued for limits in the context of intellectual property generally. We were fairly confident he would recognize limits here. -This analysis of "the Rest" showed most clearly where our focus -had to be: on the Conservatives. To win this case, we had to crack open -these five and get at least a majority to go our way. Thus, the single - overriding -argument that animated our claim rested on the Conservatives' -most important jurisprudential innovation—the argument that Judge -Sentelle had relied upon in the Court of Appeals, that Congress's power -must be interpreted so that its enumerated powers have limits. +This analysis of "the Rest" showed most clearly where our focus had to +be: on the Conservatives. To win this case, we had to crack open these +five and get at least a majority to go our way. Thus, the single +overriding argument that animated our claim rested on the +Conservatives' most important jurisprudential innovation—the +argument that Judge Sentelle had relied upon in the Court of Appeals, +that Congress's power must be interpreted so that its enumerated +powers have limits. This then was the core of our strategy—a strategy for which I am responsible. We would get the Court to see that just as with the Lopez - case, under the government's argument here, Congress would always have unlimited power to extend existing terms. If anything was plain about Congress's power under the Progress Clause, it was that this power was supposed to be "limited." Our aim would be to get the Court to -reconcile Eldred with Lopez: If Congress's power to -regulate commerce was limited, then so, too, must Congress's power to -regulate copyright be limited. +reconcile Eldred with +Lopez: If Congress's power to regulate commerce +was limited, then so, too, must Congress's power to regulate copyright +be limited. The argument on the government's side came down to this: Congress has @@ -11365,7 +11435,7 @@ 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. @@ -11404,6 +11474,7 @@ were an effective practice; I found ways to take every question back to this central idea. Ayer, Don +Reagan, Ronald One moot was before the lawyers at Jones Day. Don Ayer was the skeptic. He had served in the Reagan Justice Department with Solicitor @@ -11838,7 +11909,7 @@ better lawyer would have made them see differently. - + CHAPTER FOURTEEN: Eldred II The day Eldred was decided, fate would have it that I was to travel to @@ -12230,7 +12301,7 @@ controlled by this dead (and often unfindable) hand of the past. - + CONCLUSION There are more than 35 million people with the AIDS virus @@ -12493,6 +12564,7 @@ hypocrisy reeks. Yet in a city like Washington, hypocrisy is not even noticed. Powerful lobbies, complex issues, and MTV attention spans produce the "perfect storm" for free culture. +Reagan, Ronald In August 2003, a fight broke out in the United States about a decision by the World Intellectual Property Organization to cancel a @@ -12955,7 +13027,7 @@ potential is ever to be realized. - + AFTERWORD @@ -13399,6 +13471,8 @@ well. Free for All (Wayner) Wayner, Peter +Public Enemy +rap music These are examples of using the Commons to better spread proprietary content. I believe that is a wonderful and common use of the @@ -14187,7 +14261,7 @@ debate by about a decade. See link #85. Fisher, William Netanel, Neil Weinstock -Promises to Keep +Promises to Keep (Fisher) Fisher suggests a very clever way around the current impasse of the Internet. Under his plan, all content capable of digital transmission @@ -14213,7 +14287,7 @@ facilitate free exchange of content, supported through a taxation system, then it can be continued. If this form of protection is no longer necessary, then the system could lapse into the old system of controlling access. -Promises to Keep +Promises to Keep (Fisher) Fisher would balk at the idea of allowing the system to lapse. His aim @@ -14228,6 +14302,7 @@ uses. A system that simply charges for access would not greatly burden semiotic democracy if there were few limitations on what one was allowed to do with the content itself. +Real Networks No doubt it would be difficult to calculate the proper measure of "harm" to an industry. But the difficulty of making that calculation @@ -14452,7 +14527,7 @@ keep your lawyers away. - + NOTES Throughout this text, there are references to links on the World Wide @@ -14466,10 +14541,10 @@ 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 This book is the product of a long and as yet unsuccessful struggle that @@ -14477,6 +14552,7 @@ began when I read of Eric Eldred's war to keep books free. Eldred's work helped launch a movement, the free culture movement, and it is to him that this book is dedicated. +Rose, Mark I received guidance in various places from friends and academics, including Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner, @@ -14495,7 +14571,7 @@ Yuko Noguchi helped me to understand the laws of Japan as well as its culture. I am thankful to her, and to the many in Japan who helped me prepare this book: Joi Ito, Takayuki Matsutani, Naoto Misaki, Michihiro Sasaki, Hiromichi Tanaka, Hiroo Yamagata, and Yoshihiro - + Yonezawa. I am thankful as well as to Professor Nobuhiro Nakayama, and the Tokyo University Business Law Center, for giving me the chance to spend time in Japan, and to Tadashi Shiraishi and Kiyokazu @@ -14536,7 +14612,7 @@ insisted that there would be unending happiness away from these battles, and who has always been right. This slow learner is, as ever, grateful for her perpetual patience and love. - +