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@@ -18,11 +18,13 @@
"freeculture"
- HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN
- CULTURE AND CONTROL CREATIVITY
+ How big media uses technology and the law to lock down
+ culture and control creativity
2004-03-25
+ 1
+
Version 2004-02-10
@@ -30,6 +32,20 @@
Lawrence
Lessig
+
- 1-59420-006-8
+ 978-82-8067-010-6
2003063276
+ http://free-culture.cc/
+
-
-
-
-
-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.
+
@@ -235,7 +264,7 @@ c INDEX
-PREFACE
+Preface
Pogue, David
At the end of his review of my first
@@ -389,8 +418,8 @@ book is written.
-
-INTRODUCTION
+
+Introduction
Wright brothers
On December 17, 1903, on a windy North Carolina beach for just
@@ -914,9 +943,9 @@ 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
@@ -1046,7 +1075,7 @@ to which most of us remain oblivious.
-PIRACY
+Piracy
copyright lawEnglish
@@ -1229,7 +1258,7 @@ context the current battles about behavior labeled piracy.
-CHAPTER ONE: Creators
+Chapter One: Creators
animated cartoons
cartoon films
filmsanimated
@@ -1550,7 +1579,7 @@ 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 +1675,8 @@ 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 +1787,7 @@ free culture. It is becoming much less so.
-CHAPTER TWO: Mere Copyists
+Chapter Two: Mere Copyists
Daguerre, Louis
camera technology
photography
@@ -2721,7 +2750,7 @@ quipped to me in a rare moment of despondence.
-CHAPTER THREE: Catalogs
+Chapter Three: Catalogs
Jordan, Jesse
RPIRensselaer Polytechnic Institute (RPI)
Rensselaer Polytechnic Institute (RPI)
@@ -2765,7 +2794,6 @@ 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 +3008,7 @@ wrong message. And he wants to correct the record.
-CHAPTER FOUR: Pirates
+Chapter Four: Pirates
piracyin development of content industry
if value, then right
theory
@@ -3528,7 +3556,7 @@ last. Every generation—until now.
-CHAPTER FIVE: Piracy
+Chapter Five: Piracy
There is piracy of copyrighted
material. Lots of it. This piracy comes in many forms. The most
@@ -3779,9 +3807,10 @@ 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 +3831,9 @@ 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 +3854,7 @@ 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 +4239,13 @@ 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
@@ -4582,7 +4614,7 @@ is protected.
-PROPERTY
+Property
@@ -4663,7 +4695,7 @@ from the implications that the copyright warriors would have us draw.
-CHAPTER SIX: Founders
+Chapter Six: Founders
booksEnglish copyright law developed for
copyright lawdevelopment of
copyright lawEnglish
@@ -5266,7 +5298,7 @@ protected.
-CHAPTER SEVEN: Recorders
+Chapter Seven: Recorders
copyright lawfair use and
documentary film
Else, Jon
@@ -5499,7 +5531,7 @@ not.
-CHAPTER EIGHT: Transformers
+Chapter Eight: Transformers
Allen, Paul
Alben, Alex
Microsoft
@@ -5745,9 +5777,12 @@ 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
@@ -5857,7 +5892,7 @@ curse, reserved for the few.
-CHAPTER NINE: Collectors
+Chapter Nine: Collectors
archives, digital
bots
@@ -6221,7 +6256,7 @@ that Kahle and others would exercise.
-CHAPTER TEN: Property
+Chapter Ten: Property
Johnson, Lyndon
Kennedy, John F.
@@ -6464,7 +6499,7 @@ 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
@@ -6593,7 +6628,7 @@ driving.
-Law has a special role in affecting the three.
+
@@ -6657,7 +6692,7 @@ Let's say this is the picture of copyright's regulation before the
Internet:
-Copyright's regulation before the Internet.
+
@@ -6703,7 +6738,7 @@ after the fall of Saddam, but this time no government is justifying the
looting that results.
-effective state of anarchy after the Internet.
+
@@ -7027,14 +7062,14 @@ particular concentration of market power. In terms of our model, we
started here:
-Copyright's regulation before the Internet.
+
We will end here:
-Copyright
today.
+
@@ -7529,8 +7564,8 @@ 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
@@ -7553,19 +7588,25 @@ 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 ).
+
+
+
+
+
+
fair use
copyright lawfair use and
@@ -7573,10 +7614,6 @@ Finally, there is a tiny sliver of otherwise regulated copying uses
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
@@ -7590,13 +7627,8 @@ but the law denies the owner any exclusive right over such fair uses
-Unregulated copying considered fair uses.
-
-
-
-
-Uses that before were presumptively unregulated are now presumptively regulated.
-
+
+
copyrightusage restrictions attached to
@@ -7658,6 +7690,10 @@ 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
@@ -7915,9 +7951,14 @@ software that publishers use to deliver e-books. It provides the
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
@@ -7932,16 +7973,12 @@ 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.
+
@@ -7960,8 +7997,8 @@ Here's the e-book for another work in the public domain (including the
translation): Aristotle's Politics.
-E-book of Aristotle;s Politics
-
+
+
According to its permissions, no printing or copying is permitted
@@ -7969,7 +8006,7 @@ at all. But fortunately, you can use the Read Aloud button to hear
the book.
-List of the permissions for Aristotle;s Politics
.
+
Future of Ideas, The (Lessig)
@@ -7981,7 +8018,7 @@ Ideas:
-List of the permissions for The Future of Ideas
.
+
@@ -8066,8 +8103,7 @@ domain. Yet when you clicked on Permissions for that book, you got the
following report:
-List of the permissions for Alice's Adventures in
-Wonderland
.
+
@@ -8391,8 +8427,10 @@ 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
@@ -8415,9 +8453,11 @@ 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
@@ -8630,8 +8670,8 @@ 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.
-
+
+
@@ -9109,7 +9149,7 @@ we could say the law began to look like this:
Noncommercial
- ©/Free
+ © / Free
Free
@@ -9240,11 +9280,11 @@ lawyer.
-PUZZLES
+Puzzles
-CHAPTER ELEVEN: Chimera
+Chapter Eleven: Chimera
chimeras
Wells, H. G.
Country of the Blind, The
(Wells)
@@ -9523,7 +9563,7 @@ and will kill opportunities that could be extraordinarily valuable.
-CHAPTER TWELVE: Harms
+Chapter Twelve: Harms
To fight piracy,
to
protect property,
the content industry has launched a
@@ -9610,7 +9650,7 @@ 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
@@ -9634,7 +9674,7 @@ 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
@@ -10941,7 +10981,7 @@ effort through our democracy to change our law?
-BALANCES
+Balances
@@ -11000,7 +11040,7 @@ success will require.
-CHAPTER THIRTEEN: Eldred
+Chapter Thirteen: Eldred
Eldred, Eric
Hawthorne, Nathaniel
@@ -12714,14 +12754,15 @@ 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
@@ -12736,7 +12777,7 @@ better lawyer would have made them see differently.
-CHAPTER FOURTEEN: Eldred II
+Chapter Fourteen: Eldred II
The day
Eldred was decided, fate would have it that I
@@ -13131,8 +13172,8 @@ controlled by this dead (and often unfindable) hand of the past.
-
-CONCLUSION
+
+Conclusion
Africa, medications for HIV patients in
AIDS medications
antiretroviral drugs
@@ -13936,8 +13977,8 @@ potential is ever to be realized.
-
-AFTERWORD
+
+Afterword
@@ -13968,7 +14009,7 @@ sketch changes that Congress could make to better secure a free culture.
-US, NOW
+Us, now
Common sense is with the copyright
warriors because the debate so far has been framed at the
@@ -14485,7 +14526,7 @@ creativity to spread more easily.
-THEM, SOON
+Them, soon
We will not reclaim a free culture
by individual action alone. It will also take important reforms of
@@ -14567,7 +14608,7 @@ developed by others.
-REGISTRATION AND RENEWAL
+Registration and renewal
Under the old system, a copyright owner had to file a registration
with the Copyright Office to register or renew a copyright. When
@@ -14616,7 +14657,7 @@ of registrations that would facilitate the licensing of content.
-MARKING
+Marking
It used to be that the failure to include a copyright notice on a
creative work meant that the copyright was forfeited. That was a harsh
@@ -15494,8 +15535,8 @@ keep your lawyers away.
-
-NOTES
+
+Notes
Throughout this text, there are references to links on the World Wide
Web. As anyone who has tried to use the Web knows, these links can be
@@ -15510,13 +15551,14 @@ the material.
-
+
+
-
-ACKNOWLEDGMENTS
+
+Acknowledgments
This book is the product of a long and as yet unsuccessful struggle that
began when I read of Eric Eldred's war to keep books free. Eldred's
@@ -15588,67 +15630,84 @@ 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
+Free culture: How big media uses technology and the law to lock down
culture and control creativity / Lawrence Lessig.
-p. cm.
-
-
-Includes index.
+Copyright © 2004 Lawrence Lessig. Some rights reserved.
+
-ISBN 1-59420-006-8 (hardcover)
+
-1. Intellectual property—United States. 2. Mass media—United States.
+Published 2015 by Petter Reinholdtsen in his spare time. First
+published 2004 by The Penguin Press. Thomas Gramstad Forlag donated
+the ISBN numbers.
+
-3. Technological innovations—United States. 4. Art—United States. I. Title.
+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.
-KF2979.L47
+Cartoon in figure
+ by
+Paul Conrad, copyright Tribune Media Services, Inc. All rights
+reserved. Reprinted with permission.
-343.7309'9—dc22
+Diagram in figure
+
+courtesy of the office of FCC Commissioner, Michael J. Copps.
+
-This book is printed on acid-free paper.
+Includes index.
+
-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
+This book 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/
+
-Designed by Marysarah Quinn
+The book source is in DocBook notation and the other formats are
+derived from this. The source is based on a version from Hans Schou.
+Typeset using Crimson Text and formatted using dblatex. Many thanks
+to the dblatex developer Benoît Guillon for his help. The source is
+available from
+.
+Please report any problems using the GitHub issue tracker.
@@ -15656,20 +15715,34 @@ Designed by Marysarah Quinn
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-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),
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-
-
-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.
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+ Format / MIME-type
+
+
+
+
+ 978-82-8067-010-6
+ Printed copy from Lulu
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