X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/45308ab3c6765c93462d799f53d053e6aa53a992..056911528fd94f1a918c791cd320bf6dd018ef15:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index c8aea4a..8247486 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -162,92 +162,6 @@ Code: And Other Laws of Cyberspace - - -THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street New -York, New York - - -Copyright © Lawrence Lessig. All rights reserved. - - -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. - - -Cartoon in by Paul Conrad, copyright Tribune -Media Services, Inc. All rights reserved. Reprinted with permission. - - -Diagram in courtesy of the office of FCC -Commissioner, Michael J. Copps. - - -Library of Congress Cataloging-in-Publication Data - - -Lessig, Lawrence. -Free culture : how big media uses technology and the law to lock down -culture and control creativity / Lawrence Lessig. - - -p. cm. - - -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 - - -1 3 5 7 9 10 8 6 4 - - -Designed by Marysarah Quinn - - - -&translationblock; - - - -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. - - - @@ -3226,7 +3140,7 @@ composer and publisher without any regard for [their] rights. To Amend and Consolidate the Acts Respecting Copyright: Hearings on -S. 6330 and H.R. 19853 Before the ( Joint) Committees on Patents, 59th +S. 6330 and H.R. 19853 Before the (Joint) Committees on Patents, 59th Cong. 59, 1st sess. (1906) (statement of Senator Alfred B. Kittredge, of South Dakota, chairman), reprinted in Legislative History of the Copyright Act, E. Fulton Brylawski and Abe Goldman, eds. (South @@ -3344,7 +3258,7 @@ creativity. Copyright Law Revision: Hearings on S. 2499, S. 2900, H.R. 243, and -H.R. 11794 Before the ( Joint) Committee on Patents, 60th Cong., 1st +H.R. 11794 Before the (Joint) Committee on Patents, 60th Cong., 1st sess., 217 (1908) (statement of Senator Reed Smoot, chairman), reprinted in Legislative History of the 1909 Copyright Act, E. Fulton Brylawski and Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976). @@ -6112,7 +6026,7 @@ all—in the library archive of the film company. Doug Herrick, Toward a National Film Collection: Motion Pictures at the Library of Congress, Film Library Quarterly 13 nos. 2–3 (1980): 5; Anthony Slide, Nitrate Won't Wait: A History of Film -Preservation in the United States ( Jefferson, N.C.: McFarland & +Preservation in the United States (Jefferson, N.C.: McFarland & Co., 1992), 36. @@ -6863,7 +6777,7 @@ railroads. Does anyone think we should ban trucks from roads for the purpose of protecting the railroads? Closer to the subject of this book, remote channel changers have weakened the stickiness of television advertising (if a boring -commercial comes on the TV, the remote makes it easy to surf ), and it +commercial comes on the TV, the remote makes it easy to surf), and it may well be that this change has weakened the television advertising market. But does anyone believe we should regulate remotes to reinforce commercial television? (Maybe by limiting them to function @@ -8941,6 +8855,13 @@ commercial media will refuse one side of a crucial debate the opportunity to present its case. And the courts will defend the rights of the stations to be this biased. +ABC +Comcast +Marijuana Policy Project +NBC +WJOA +WRC +advertising The Marijuana Policy Project, in February 2003, sought to place ads that directly responded to the Nick and Norm series on stations within the Washington, D.C., area. Comcast rejected the ads as against @@ -8965,13 +8886,6 @@ 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. -ABC -Comcast -Marijuana Policy Project -NBC -WJOA -WRC -advertising @@ -9247,13 +9161,13 @@ property, the state ought to protect it. But first impressions notwithstanding, historically, this property right (as with all property rights +legal realist movement It was the single most important contribution of the legal realist movement to demonstrate that all property rights are always crafted to balance public and private interests. See Thomas C. Grey, The Disintegration of Property, in Nomos XXII: Property, J. Roland Pennock and John W. Chapman, eds. (New York: New York University Press, 1980). -legal realist movement ) has been crafted to balance the important need to give authors and artists incentives with the equally important need to assure access to @@ -9270,19 +9184,23 @@ We achieved that free culture because our law respected important limits on the scope of the interests protected by property. The very birth of copyright as a statutory right recognized those limits, by granting copyright owners protection for a limited time only (the -story of chapter 6). The tradition of fair use is animated by a -similar concern that is increasingly under strain as the costs of -exercising any fair use right become unavoidably high (the story of -chapter 7). Adding +story of chapter ). The tradition of fair use is +animated by a similar concern that is increasingly under strain as the +costs of exercising any fair use right become unavoidably high (the +story of chapter ). Adding statutory rights where markets might stifle innovation is another -familiar limit on the property right that copyright is (chapter -8). And granting archives and libraries a broad freedom to collect, -claims of property notwithstanding, is a crucial part of guaranteeing -the soul of a culture (chapter 9). Free cultures, like free markets, -are built with property. But the nature of the property that builds a -free culture is very different from the extremist vision that -dominates the debate today. +familiar limit on the property right that copyright is (chapter ). And +granting archives and libraries a broad freedom to collect, claims of +property notwithstanding, is a crucial part of guaranteeing the soul +of a culture (chapter ). Free cultures, like free markets, are built +with property. But the nature of the property that builds a free +culture is very different from the extremist vision that dominates the +debate today. Free culture is increasingly the casualty in this war on piracy. In @@ -9683,11 +9601,12 @@ examples of extreme penalties for vague infringements continue to proliferate. It is impossible to get a clear sense of what's allowed and what's not, and at the same time, the penalties for crossing the line are astonishingly harsh. The four students who were threatened -by the RIAA ( Jesse Jordan of chapter 3 was just one) were threatened -with a $98 billion lawsuit for building search engines that permitted -songs to be copied. Yet World-Com—which defrauded investors of -$11 billion, resulting in a loss to investors in market capitalization -of over $200 billion—received a fine of a mere $750 +by the RIAA (Jesse Jordan of chapter was just one) were threatened with a +$98 billion lawsuit for building search engines that permitted songs +to be copied. Yet World-Com—which defrauded investors of $11 +billion, resulting in a loss to investors in market capitalization of +over $200 billion—received a fine of a mere $750 million. See Lynne W. Jeter, Disconnected: Deceit and Betrayal at WorldCom @@ -9850,10 +9769,12 @@ think there's little in this story to worry you. But there's an aspect of this story that is not lefty in any sense. Indeed, it is an aspect that could be written by the most extreme promarket ideologue. And if you're one of these sorts (and a special -one at that, 188 pages into a book like this), then you can see this -other aspect by substituting free market every place I've spoken of -free culture. The point is the same, even if the interests -affecting culture are more fundamental. +one at that, pages into a book like this), then you +can see this other aspect by substituting free market +every place I've spoken of free culture. The point is +the same, even if the interests affecting culture are more +fundamental. The charge I've been making about the regulation of culture is the @@ -10007,7 +9928,7 @@ such a view of the law will cost you and your firm dearly. This strategy is not just limited to the lawyers. In April 2003, Universal and EMI brought a lawsuit against Hummer Winblad, the venture capital firm (VC) that had funded Napster at a certain stage of -its development, its cofounder ( John Hummer), and general partner +its development, its cofounder (John Hummer), and general partner (Hank Barry). See Joseph Menn, Universal, EMI Sue Napster Investor, Los Angeles @@ -10198,7 +10119,8 @@ N.Y.: Prometheus Books, 2001). Digital Copyright (Litman) Litman, Jessica -overall this history of copyright is not bad. As chapter 10 details, +overall this history of copyright is not bad. As chapter + details, when new technologies have come along, Congress has struck a balance to assure that the new is protected from the old. Compulsory, or statutory, licenses have been one part of that strategy. Free use (as @@ -10236,6 +10158,9 @@ implemented by Congress. I won't catalog all of those responses here. Tauzin, Billy +Berman, Howard L. +Hollings, Fritz +broadcast flag For example, in July 2002, Representative Howard Berman introduced the Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize copyright holders from liability for damage done to computers when the @@ -10250,9 +10175,6 @@ technology in all digital media devices. See GartnerG2, Copyright and Digital Media in a Post-Napster World, 27 June 2003, 33–34, available at link #44. -Berman, Howard L. -Hollings, Fritz -broadcast flag But there is one example that captures the flavor of them all. This is the story of the demise of Internet radio. @@ -15645,4 +15567,89 @@ 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. + + +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. + + +Cartoon in by Paul Conrad, copyright Tribune +Media Services, Inc. All rights reserved. Reprinted with permission. + + +Diagram in courtesy of the office of FCC +Commissioner, Michael J. Copps. + + +Library of Congress Cataloging-in-Publication Data + + +Lessig, Lawrence. +Free culture : how big media uses technology and the law to lock down +culture and control creativity / Lawrence Lessig. + + +p. cm. + + +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 + + +1 3 5 7 9 10 8 6 4 + + +Designed by Marysarah Quinn + + + +&translationblock; + + + +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. + +