X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/731c0251e7e84f10926bd93852f2458504dfa4b8..f996fa37271db00487dc83c715d97fef1e9149d6:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index a0fbdec..9addf20 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -2801,6 +2801,10 @@ paper saying he and his family were bankrupt. So Jesse faced a mafia-like choice: $250,000 and a chance at winning, or $12,000 and a settlement. + +artists +recording industry payments to + The recording industry insists this is a matter of law and morality. Let's put the law aside for a moment and think about the morality. @@ -2910,7 +2914,9 @@ limits imposed by Victor on phonographs, see Randal C. Picker, From Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and the Propertization of Copyright (September 2002), University of Chicago Law School, James M. Olin Program in Law and Economics, -Working Paper No. 159. +Working Paper No. 159. +broadcast flag + Fox, William General Film Company Picker, Randal C. @@ -3149,6 +3155,10 @@ creative work, the record producers, and the public, benefit.
Radio + + artists + recording industry payments to + Radio was also born of piracy. @@ -3223,6 +3233,7 @@ ordinarily gives the creator the right to make this choice. By making the choice for him or her, the law gives the radio station the right to take something for nothing. +
Cable TV @@ -3387,6 +3398,7 @@ has so often done in the past.
Piracy I +Asia, commercial piracy in All across the world, but especially in Asia and Eastern Europe, there are businesses that do nothing but take others people's copyrighted @@ -3465,6 +3477,7 @@ advantage of that opportunity, but when they don't, then their laws should be respected. And under the laws of these nations, this piracy is wrong. +Asia, commercial piracy in Alternatively, we could try to excuse this piracy by noting that in any case, it does no harm to the industry. The Chinese who get access @@ -3513,6 +3526,7 @@ a property system, and that system is properly balanced to the technology of a time, then it is wrong to take property without the permission of a property owner. That is exactly what property means. +Asia, commercial piracy in Finally, we could try to excuse this piracy with the argument that the piracy actually helps the copyright owner. When the Chinese steal @@ -4062,6 +4076,10 @@ technology. In this adjustment, the law sought to ensure the legitimate rights of creators while protecting innovation. Sometimes this has meant more rights for creators. Sometimes less. + + artists + recording industry payments to + So, as we've seen, when mechanical reproduction threatened the interests of composers, Congress balanced the rights of composers @@ -4272,6 +4290,7 @@ controlling the technology of DAT. See Audio Home Recording Act of eliminate the opportunity for free riding in the sense I've described. See Lessig, Future, 71. See also Picker, From Edison to the Broadcast Flag, University of Chicago Law Review 70 (2003): 293–96. +broadcast flag Picker, Randal C. In each case, throughout our history, @@ -4447,6 +4466,7 @@ from the implications that the copyright warriors would have us draw. CHAPTER SIX: Founders Henry V +Branagh, Kenneth William Shakespeare wrote Romeo and Juliet in 1595. The play was first published in 1597. It was the eleventh major play that @@ -4586,6 +4606,7 @@ large collection of restrictions on the freedom of others: It grants the author the exclusive right to copy, the exclusive right to distribute, the exclusive right to perform, and so on. +Branagh, Kenneth So, for example, even if the copyright to Shakespeare's works were perpetual, all that would have meant under the original meaning of the @@ -5151,6 +5172,10 @@ develop digital entertainment. Long before the Internet became popular, Starwave began investing in new technology for delivering entertainment in anticipation of the power of networks. + + artists + retrospective compilations on + Alben had a special interest in new technology. He was intrigued by the emerging market for CD-ROM technology—not to distribute @@ -5344,6 +5369,9 @@ richest investors in the world. He therefore had authority and access that the average Web designer would not have. So if it took him a year, how long would it take someone else? And how much creativity is never made just because the costs of clearing the rights are so high? + + + These costs are the burdens of a kind of regulation. Put on a Republican hat for a moment, and get angry for a bit. The government defines the scope of these rights, and the scope defined determines @@ -5405,6 +5433,7 @@ and paste architecture of the Internet created—in a second you can find just about any image you want; in another second, you can have it planted in your presentation. +Camp Chaos But presentations are just a tiny beginning. Using the Internet and @@ -5415,7 +5444,6 @@ takes images of politicians and blends them with music to create biting political commentary. A site called Camp Chaos has produced some of the most biting criticism of the record industry that there is through the mixing of Flash! and music. -Camp Chaos All of these creations are technically illegal. Even if the creators @@ -5493,6 +5521,9 @@ curse, reserved for the few. CHAPTER NINE: Collectors + + archives, digital + In April 1996, millions of bots—computer codes designed to spider, or automatically search the Internet and copy content—began @@ -5790,6 +5821,10 @@ we are for the first time at a point where that dream is possible. As Kahle describes,
+ + books + total number of + It looks like there's about two to three million recordings of music. Ever. There are about a hundred thousand theatrical releases of @@ -5827,6 +5862,7 @@ the content that is collected in these digital spaces is also someone's property. And the law of property restricts the freedoms that Kahle and others would exercise. + @@ -6358,6 +6394,8 @@ market. But does anyone believe we should regulate remotes to reinforce commercial television? (Maybe by limiting them to function only once a second, or to switch to only ten channels within an hour?) +Brezhnev, Leonid +Gates, Bill The obvious answer to these obviously rhetorical questions is no. In a free society, with a free market, supported by free enterprise and @@ -6378,7 +6416,6 @@ not only the market but also the government is a world in which competitors with new ideas will not succeed. It is a world of stasis and increasingly concentrated stagnation. It is the Soviet Union under Brezhnev. -Gates, Bill Thus, while it is understandable for industries threatened with new @@ -6433,13 +6470,12 @@ production is a good thing. No one doubts that the work of Müller was important and valuable and probably saved lives, possibly millions. Carson, Rachel +Silent Sprint (Carson) But in 1962, Rachel Carson published Silent Spring, which argued that DDT, whatever its primary benefits, was also having unintended environmental consequences. Birds were losing the ability to reproduce. Whole chains of the ecology were being destroyed. -Carson, Rachel -Silent Sprint (Carson) No one set out to destroy the environment. Paul Müller certainly did @@ -6450,6 +6486,7 @@ problems DDT caused were worse than the problems it solved, at least when considering the other, more environmentally friendly ways to solve the problems that DDT was meant to solve. +Boyle, James It is to this image precisely that Duke University law professor James Boyle appeals when he argues that we need an environmentalism for @@ -7223,6 +7260,7 @@ copy, use on the Internet becomes subject to the copyright owner's control. The technology expands the scope of effective control, because the technology builds a copy into every transaction. +Barnes & Noble No doubt, a potential is not yet an abuse, and so the potential for @@ -8605,6 +8643,7 @@ build upon or transform a creative work. American culture was born free, and for almost 180 years our country consistently protected a vibrant and rich free culture. +archives, digital We achieved that free culture because our law respected important limits on the scope of the interests protected by property. The very @@ -9428,6 +9467,7 @@ of content. One obvious response to this efficiency is thus to make the Internet less efficient. If the Internet enables piracy, then, this response says, we should break the kneecaps of the Internet. +broadcast flag The examples of this form of legislation are many. At the urging of the content industry, some in Congress have threatened legislation that @@ -9544,10 +9584,15 @@ 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. + + artists + recording industry payments to + @@ -9645,6 +9690,10 @@ those imposed by the law. Copyright law is one such law. So the first question we should ask is, what copyright rules would govern Internet radio? + + artists + recording industry payments to + But here the power of the lobbyists is reversed. Internet radio is a new industry. The recording artists, on the other hand, have a very @@ -9691,6 +9740,7 @@ interests, that could have been done in a media-neutral way. A regular radio station broadcasting the same content would pay no equivalent fee. + The burden is not financial only. Under the original rules that were proposed, an Internet radio station (but not a terrestrial radio @@ -9814,6 +9864,10 @@ 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. … + + artists + recording industry payments to + And the RIAA experts said, Well, we don't really model this as an industry with thousands of webcasters, we think it should be @@ -10401,6 +10455,8 @@ would pass into the public domain until that year (and not even then, if Congress extends the term again). By contrast, in the same period, more than 1 million patents will pass into the public domain. +Bono, Mary +Bono, Sonny @@ -10409,6 +10465,8 @@ This was the Sonny Bono Copyright Term Extension Act Sonny Bono, who, his widow, Mary Bono, says, believed that copyrights should be forever. +Bono, Mary +Bono, Sonny The full text is: Sonny [Bono] wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution. I invite all of you to work with me to @@ -10795,6 +10853,7 @@ wanted to make available to the world in your iArchive project the remaining 9,873. What would you have to do? +archives, digital Well, first, you'd have to determine which of the 9,873 books were still under copyright. That requires going to a library (these data are @@ -11043,6 +11102,9 @@ would not have interfered with anything. But this situation has now changed. + + archives, digital + One crucially important consequence of the emergence of digital technologies is to enable the archive that Brewster Kahle dreams of. @@ -11094,6 +11156,7 @@ role is to archive culture, whether there's a demand for any particular bit of that culture or not—then we can't count on the commercial market to do our library work for us. + I would be the first to agree that it should do as much as it can: We should rely upon the market as much as possible to spread and enable @@ -12655,6 +12718,9 @@ noticed. Powerful lobbies, complex issues, and MTV attention spans produce the perfect storm for free culture. Reagan, Ronald + + biomedical research + In August 2003, a fight broke out in the United States about a decision by the World Intellectual Property Organization to cancel a @@ -12691,6 +12757,7 @@ in the early 1980s. And it included open source and free software.IBM PLoS (Public Library of Science) + The aim of the meeting was to consider this wide range of projects from one common perspective: that none of these projects relied upon @@ -13083,6 +13150,8 @@ kids who use a computer to share content. Causby, Tinie Creative Commons Gil, Gilberto +BBC +Brazil, free culture in Yet on the other side of the Atlantic, the BBC has just announced that it will build a Creative Archive, from which British citizens can @@ -14184,6 +14253,7 @@ Rockies—you can instantaneously be connected to the Internet. Imagine the Internet as ubiquitous as the best cell-phone service, where with the flip of a device, you are connected. +cell phones, music streamed over In that world, it will be extremely easy to connect to services that give you access to content on the fly—such as Internet radio, @@ -14322,6 +14392,10 @@ The idea would be a modification of a proposal that has been floated by Harvard law professor William Fisher. + + artists + recording industry payments to + William Fisher, Digital Music: Problems and Possibilities (last revised: 10 October 2000), available at link #77; William @@ -14358,6 +14432,7 @@ debate by about a decade. See Fisher, William Netanel, Neil Weinstock 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 @@ -14385,6 +14460,10 @@ longer necessary, then the system could lapse into the old system of controlling access. Promises to Keep (Fisher) + + artists + recording industry payments to + Fisher would balk at the idea of allowing the system to lapse. His aim is not just to ensure that artists are paid, but also to ensure that @@ -14414,6 +14493,7 @@ Real Networks, offering music at just 79 cents a song. And no doubt there will be a great deal of competition to offer and sell music on-line. +Asia, commercial piracy in This competition has already occurred against the background of free music from p2p systems. As the sellers of cable television have known @@ -14596,6 +14676,7 @@ away from areas that we know it will only harm. And that is precisely what the law will too often do if too much of our culture is left to its review. +Brezhnev, Leonid Think about the amazing things your kid could do or make with digital technology—the film, the music, the Web page, the blog. Or think