X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/57654bf6e43d1aefa5622df6c3a67458489b85e9..07b83b6645564d2a76b72f06a63101983cc112a8:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index dc55066..92161a1 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -148,44 +148,50 @@ Appeals. - - -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 it continues still. + @@ -407,7 +413,7 @@ book is written. - + INTRODUCTION Wright brothers @@ -1247,7 +1253,7 @@ context the current battles about behavior labeled piracy. -CHAPTER ONE: Creators +Creators animated cartoons cartoon films filmsanimated @@ -1776,7 +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 @@ -2739,7 +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) @@ -2997,7 +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 @@ -3545,7 +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 @@ -4684,7 +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 @@ -5287,7 +5293,7 @@ protected. -CHAPTER SEVEN: Recorders +Recorders copyright lawfair use and documentary film Else, Jon @@ -5520,7 +5526,7 @@ not. -CHAPTER EIGHT: Transformers +Transformers Allen, Paul Alben, Alex Microsoft @@ -5881,7 +5887,7 @@ curse, reserved for the few. -CHAPTER NINE: Collectors +Collectors archives, digital bots @@ -6245,7 +6251,7 @@ that Kahle and others would exercise. -CHAPTER TEN: <quote>Property</quote> +<quote>Property</quote> Johnson, Lyndon Kennedy, John F. @@ -6488,7 +6494,7 @@ 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 @@ -6617,7 +6623,7 @@ driving.
-Law has a special role in affecting the three. +
@@ -6681,7 +6687,7 @@ Let's say this is the picture of copyright's regulation before the Internet:
-Copyright's regulation before the Internet. +
@@ -6727,7 +6733,7 @@ after the fall of Saddam, but this time no government is justifying the looting that results.
-effective state of anarchy after the Internet. +
@@ -7051,14 +7057,14 @@ 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. +
@@ -7553,8 +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 @@ -7577,8 +7583,8 @@ 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 @@ -7586,7 +7592,7 @@ 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 ). @@ -7598,8 +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 @@ -7614,13 +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 @@ -7682,6 +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 @@ -7940,8 +7945,9 @@ 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 @@ -7956,16 +7962,16 @@ 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. +
@@ -7984,7 +7990,7 @@ 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> +
@@ -7993,7 +7999,7 @@ 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) @@ -8005,7 +8011,7 @@ Ideas:
-List of the permissions for <quote>The Future of Ideas</quote>. +
@@ -8090,8 +8096,7 @@ 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>. +
@@ -8415,8 +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 @@ -8439,9 +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 @@ -8654,8 +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. - + +
@@ -9268,7 +9277,7 @@ lawyer. -CHAPTER ELEVEN: Chimera +Chimera chimeras Wells, H. G. Country of the Blind, The (Wells) @@ -9547,7 +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 @@ -11024,7 +11033,7 @@ success will require. -CHAPTER THIRTEEN: Eldred +Eldred Eldred, Eric Hawthorne, Nathaniel @@ -12738,14 +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 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
@@ -12760,7 +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 @@ -13155,7 +13165,7 @@ controlled by this dead (and often unfindable) hand of the past. - + CONCLUSION Africa, medications for HIV patients in AIDS medications @@ -13960,7 +13970,7 @@ potential is ever to be realized. - + AFTERWORD @@ -15518,7 +15528,7 @@ keep your lawyers away. - + NOTES Throughout this text, there are references to links on the World Wide @@ -15539,7 +15549,7 @@ the material. - + ACKNOWLEDGMENTS This book is the product of a long and as yet unsuccessful struggle that @@ -15612,6 +15622,8 @@ grateful for her perpetual patience and love. + + Free culture: How big media uses technology and the law to lock down culture and control creativity / Lawrence Lessig. @@ -15638,29 +15650,17 @@ 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 text 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 with formatting and index references by Petter -Reinholdtsen. The source files of this book is available as -a -github project. - - - -&translationblock; - - Includes index. @@ -15674,6 +15674,27 @@ Classifications: (Dewey) 343.7309/9, (UDK) 347.78 (US Lib. of Congress) KF2979.L47 2004 +(ACM CRCS) K.4.1 + + + + + +Typeset using the Crimson Text font and dblatex. The dblatex author +provided valuable help in formatting the print version of this book. + + + +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 +. + + + +&translationblock; @@ -15714,6 +15735,6 @@ Classifications: (Dewey) - +