X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/5f5b5ffbd2bfb4acfa09cf350da6f1cd559ff8eb..a50220b356a2bc863d97da8fbc51be7094a8e846:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index e840792..884842f 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -2521,6 +2521,8 @@ is having an effect. Lott, Trent Thurmond, Strom +mediablog pressure on +Internetnews events on One direct effect is on stories that had a different life cycle in the mainstream media. The Trent Lott affair is an example. When Lott @@ -2537,6 +2539,7 @@ Noah Shachtman, With Incessant Postings, a Pundit Stirs the Pot, York Times, 16 January 2003, G5. +mediacommercial imperatives of This different cycle is possible because the same commercial pressures don't exist with blogs as with other ventures. Television and @@ -2544,6 +2547,8 @@ newspapers are commercial entities. They must work to keep attention. If they lose readers, they lose revenue. Like sharks, they must move on. + +Internetpeer-generated rankings on But bloggers don't have a similar constraint. They can obsess, they can focus, they can get serious. If a particular blogger writes a @@ -2553,6 +2558,8 @@ rises in the ranks of stories. People read what is popular; what is popular has been selected by a very democratic process of peer-generated rankings. + +journalism Winer, Dave There's a second way, as well, in which blogs have a different cycle @@ -2566,7 +2573,9 @@ conflict of interest is so easily disclosed that you know you can sort of get it out of the way. CNN +mediacommercial imperatives of Iraq war +mediaownership concentration in These conflicts become more important as media becomes more concentrated (more on this below). A concentrated media can hide more @@ -2584,13 +2593,15 @@ account of the war was too bleak: She needed to offer a more optimistic story. When she told New York that wasn't warranted, they told her that they were writing the story.) - Blog space gives amateurs a way to enter the -debate—amateur not in the sense of inexperienced, but in the -sense of an Olympic athlete, meaning not paid by anyone to give their -reports. It allows for a much broader range of input into a story, as -reporting on the Columbia disaster revealed, when hundreds from across -the southwest United States turned to the Internet to retell what they -had seen. + + +Blog space gives amateurs a way to enter the +debate—amateur not in the sense of inexperienced, +but in the sense of an Olympic athlete, meaning not paid by anyone to +give their reports. It allows for a much broader range of input into a +story, as reporting on the Columbia disaster revealed, when hundreds +from across the southwest United States turned to the Internet to +retell what they had seen. John Schwartz, Loss of the Shuttle: The Internet; A Wealth of Information Online, New York Times, 2 February 2003, A28; Staci @@ -2633,6 +2644,7 @@ And as the inclusion of content in this space is the least infringing use of the Internet (meaning infringing on copyright), Winer said, we will be the last thing that gets shut down. + This speech affects democracy. Winer thinks that happens because you don't have to work for somebody who controls, [for] a gatekeeper. @@ -2649,12 +2661,12 @@ happens. When there are ten million, there will be something extraordinary to report. + - Brown, John Seely advertising @@ -2782,6 +2794,9 @@ quipped to me in a rare moment of despondence. CHAPTER THREE: Catalogs RPIRensselaer Polytechnic Institute (RPI) Rensselaer Polytechnic Institute (RPI) +search engines +university computer networks, p2p sharing on +Internetsearch engines used on In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as a freshman at Rensselaer @@ -2805,6 +2820,7 @@ available on the RPI network is available on the Internet. But the network is designed to enable students to get access to the Internet, as well as more intimate access to other members of the RPI community. +Google Search engines are a measure of a network's intimacy. Google @@ -2817,6 +2833,9 @@ 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 These engines are enabled by the network technology itself. Microsoft, for example, has a network file system that makes it very @@ -2826,6 +2845,7 @@ content. Jesse's search engine was built to take advantage of this technology. It used Microsoft's network file system to build an index of all the files available within the RPI network. + Jesse's wasn't the first search engine built for the RPI network. Indeed, his engine was a simple modification of engines that others @@ -2838,6 +2858,7 @@ modified the system a bit to fix that problem, by adding a button that a user could click to see if the machine holding the file was still on-line. + Jesse's engine went on-line in late October. Over the following six months, he continued to tweak it to improve its functionality. By @@ -2845,6 +2866,7 @@ March, the system was functioning quite well. Jesse had more than one million files in his directory, including every type of content that might be on users' computers. + Thus the index his search engine produced included pictures, which students could use to put on their own Web sites; copies of notes or @@ -2854,6 +2876,8 @@ might have created; university brochures—basically anything that users of the RPI network made available in a public folder of their computer. +Google +educationtinkering as means of But the index also included music files. In fact, one quarter of the files that Jesse's search engine listed were music files. But that @@ -2891,6 +2915,7 @@ RPI community to get access to content, which Jesse had not himself created or posted, and the vast majority of which had nothing to do with music. + statutory damages But the RIAA branded Jesse a pirate. They claimed he operated a @@ -3000,6 +3025,7 @@ I. … He's not a tree hugger. … I think it's bizarre that they wo pick on him. But he wants to let people know that they're sending the wrong message. And he wants to correct the record. + @@ -4336,6 +4362,8 @@ system to minimize the opportunity for copyright infringement. It did not, and for that, Disney and Universal wanted to hold it responsible for the architecture it chose. +Congress, U.S.on copyright laws +Congress, U.S.on VCR technology MPAA president Jack Valenti became the studios' most vocal champion. Valenti called VCRs tapeworms. He warned, When there are @@ -4418,6 +4446,7 @@ by such new technology. + Congress was asked to respond to the Supreme Court's decision. But as with the plea of recording artists about radio broadcasts, Congress @@ -4511,6 +4540,7 @@ to $15 million in damages? Would it have been better if Edison had controlled film? Should every cover band have to hire a lawyer to get permission to record a song? +Supreme Court, U.S.on balance of interests in copyright law We could answer yes to each of these questions, but our tradition has answered no. In our tradition, as the Supreme Court has stated, @@ -4601,6 +4631,7 @@ table in the backyard—by, for example, going to Sears, buying a table, and putting it in my backyard? What is the thing I am taking then? +Jefferson, Thomas The point is not just about the thingness of picnic tables versus ideas, though that's an important difference. The point instead is that @@ -4620,6 +4651,7 @@ Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in Ellery Bergh, eds., 1903), 330, 333–34. +property rightsintangibility of The exceptions to free use are ideas and expressions within the reach of the law of patent and copyright, and a few other domains that @@ -4658,9 +4690,11 @@ from the implications that the copyright warriors would have us draw. CHAPTER SIX: Founders -Henry V +booksEnglish copyright law developed for Branagh, Kenneth -booksEnglish copyright law developed for +Henry V +Shakespeare, William +Romeo and Juliet (Shakespeare) William Shakespeare wrote Romeo and Juliet in 1595. The play was first @@ -4673,6 +4707,8 @@ once overheard someone commenting on Kenneth Branagh's adaptation of Henry V: I liked it, but Shakespeare is so full of clichés. +Conger +Tonson, Jacob In 1774, almost 180 years after Romeo and Juliet was written, the copy-right for the work was still thought by many to be the exclusive @@ -4704,6 +4740,7 @@ copyright. Prices of the classics were thus kept high; competition to produce better or cheaper editions was eliminated. British Parliament +Statute of Anne (1710) Now, there's something puzzling about the year 1774 to anyone who knows a little about copyright law. The better-known year in the @@ -4721,6 +4758,8 @@ As Siva Vaidhyanathan nicely argues, it is erroneous to call this a free in 1731. So why was there any issue about it still being under Tonson's control in 1774? + + Licensing Act (1662) The reason is that the English hadn't yet agreed on what a copyright @@ -4783,6 +4822,7 @@ why is it that the law would ever allow someone else to come along and take Shakespeare's play without his, or his estate's, permission? What reason is there to allow someone else to steal Shakespeare's work? +Statute of Anne (1710) The answer comes in two parts. We first need to see something special about the notion of copyright that existed at the time of the @@ -5165,7 +5205,7 @@ world where the Parliament is more pliant, free culture would be less protected. - + @@ -6282,6 +6322,7 @@ should be accorded the same rights as every other property-right owner. He is effectively arguing for a change in our Constitution itself. +Jefferson, Thomas Arguing for a change in our Constitution is not necessarily wrong. There was much in our original Constitution that was plainly wrong. @@ -6302,6 +6343,8 @@ creative property be given the same rights as all other property? Why did they require that for creative property there must be a public domain? + + To answer this question, we need to get some perspective on the history of these creative property rights, and the control that they @@ -6859,6 +6902,7 @@ States was controlled or free. Just as in England, this lingering uncertainty would make it hard for publishers to rely upon a public domain to reprint and distribute works. +Statute of Anne (1710) That uncertainty ended after Congress passed legislation granting copyrights. Because federal law overrides any contrary state law, @@ -13046,6 +13090,7 @@ perspectives. And WIPO was an ideal venue for this discussion, since WIPO is the preeminent international body dealing with intellectual property issues. +World Summit on the Information Society (WSIS) Indeed, I was once publicly scolded for not recognizing this fact about WIPO. In February 2003, I delivered a keynote address to a @@ -13076,6 +13121,7 @@ had thought it was taken for granted that WIPO could and should. And thus the meeting about open and collaborative projects to create public goods seemed perfectly appropriate within the WIPO agenda. + Apple Corporation But there is one project within that list that is highly @@ -13190,7 +13236,10 @@ in understanding—the sort of mistake that is excusable in a first-year law student, but an embarrassment from a high government official dealing with intellectual property issues. +World Summit on the Information Society (WSIS) +drugspharmaceutical generic drugs +patentson pharmaceuticals Second, who ever said that WIPO's exclusive aim was to promote intellectual property maximally? As I had been scolded at the @@ -13863,6 +13912,7 @@ of content (content conducers, as attorney Mia Garlick calls them who help build the public domain and, by their work, demonstrate the importance of the public domain to other creativity. +Jefferson, Thomas The aim is not to fight the All Rights Reserved sorts. The aim is to complement them. The problems that the law creates for us as a culture