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@@ -30,6 +30,20 @@
Lawrence
Lessig
+
- 1-59420-006-8
+ 978-82-92812-XX-Y
-
-
-
-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
it continues still.
+
@@ -914,9 +938,9 @@ 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
@@ -1229,7 +1253,7 @@ context the current battles about behavior labeled piracy.
-CHAPTER ONE: Creators
+Creators
animated cartoons
cartoon films
filmsanimated
@@ -1758,7 +1782,7 @@ free culture. It is becoming much less so.
-CHAPTER TWO: Mere Copyists
+Mere Copyists
Daguerre, Louis
camera technology
photography
@@ -2721,7 +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)
@@ -2765,7 +2789,6 @@ 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 +3003,7 @@ wrong message. And he wants to correct the record.
-CHAPTER FOUR: Pirates
+Pirates
piracyin development of content industry
if value, then right
theory
@@ -3528,7 +3551,7 @@ last. Every generation—until now.
-CHAPTER FIVE: Piracy
+Piracy
There is piracy of copyrighted
material. Lots of it. This piracy comes in many forms. The most
@@ -3779,9 +3802,10 @@ 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 +3826,9 @@ 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 +3849,7 @@ 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 +4234,13 @@ 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
@@ -4663,7 +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
@@ -5266,7 +5293,7 @@ protected.
-CHAPTER SEVEN: Recorders
+Recorders
copyright lawfair use and
documentary film
Else, Jon
@@ -5499,7 +5526,7 @@ not.
-CHAPTER EIGHT: Transformers
+Transformers
Allen, Paul
Alben, Alex
Microsoft
@@ -5745,9 +5772,12 @@ 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 +5887,7 @@ curse, reserved for the few.
-CHAPTER NINE: Collectors
+Collectors
archives, digital
bots
@@ -6221,7 +6251,7 @@ that Kahle and others would exercise.
-CHAPTER TEN: Property
+Property
Johnson, Lyndon
Kennedy, John F.
@@ -7530,7 +7560,7 @@ empty circle.
All potential uses of a book.
-
+
booksthree types of uses of
copyright lawcopies as core issue of
@@ -7554,15 +7584,15 @@ 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 ).
@@ -7575,7 +7605,7 @@ 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
@@ -7591,12 +7621,12 @@ for public policy (and possibly First Amendment) reasons.
Unregulated copying considered fair uses.
-
+
Uses that before were presumptively unregulated are now presumptively regulated.
-
+
copyrightusage restrictions attached to
@@ -7916,8 +7946,8 @@ 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 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
@@ -7932,9 +7962,9 @@ 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
@@ -7960,7 +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 Politics
+E-book of Aristotle's Politics
@@ -7969,7 +7999,7 @@ at all. But fortunately, you can use the Read Aloud button to hear
the book.
-List of the permissions for Aristotle;s Politics
.
+List of the permissions for Aristotle's Politics
.
Future of Ideas, The (Lessig)
@@ -8631,7 +8661,7 @@ pattern better than a thousand words could do:
Pattern of modern media ownership.
-
+
@@ -9109,7 +9139,7 @@ we could say the law began to look like this:
Noncommercial
- ©/Free
+ © / Free
Free
@@ -9244,7 +9274,7 @@ lawyer.
-CHAPTER ELEVEN: Chimera
+Chimera
chimeras
Wells, H. G.
Country of the Blind, The
(Wells)
@@ -9523,7 +9553,7 @@ 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
@@ -9610,7 +9640,7 @@ 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 +9664,7 @@ 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
@@ -11000,7 +11030,7 @@ success will require.
-CHAPTER THIRTEEN: Eldred
+Eldred
Eldred, Eric
Hawthorne, Nathaniel
@@ -12714,14 +12744,14 @@ 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
+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.
Bolling, Ruben
-
+
Tom the Dancing Bug cartoon
-
+
Bolling, Ruben
@@ -12736,7 +12766,7 @@ 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
@@ -15588,73 +15618,109 @@ 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.
+Free culture: How big media uses technology and the law to lock down
+culture and control creativity / Lawrence Lessig.
-Cartoon in by Paul Conrad, copyright Tribune
-Media Services, Inc. All rights reserved. Reprinted with permission.
+Copyright © Lawrence Lessig. Some rights reserved.
-Diagram in courtesy of the office of FCC
-Commissioner, Michael J. Copps.
+This version of Free Culture 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/
-Library of Congress Cataloging-in-Publication Data
+This digital book was published by Petter Reinholdtsen in 2015. The
+original hardcover paper book was published in 2004 by The Penguin
+Press.
-Lessig, Lawrence.
-Free culture : how big media uses technology and the law to lock down
-culture and control creativity / Lawrence Lessig.
+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.
-Includes index.
+Cartoon in by Paul
+Conrad, copyright Tribune Media Services, Inc. All rights
+reserved. Reprinted with permission.
-ISBN 1-59420-006-8 (hardcover)
+Diagram in
+courtesy of the office of FCC Commissioner, Michael J. Copps.
-1. Intellectual property—United States. 2. Mass media—United States.
-
-
-3. Technological innovations—United States. 4. Art—United States. I. Title.
-
-
-KF2979.L47
+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
+.
+
-343.7309'9—dc22
+&translationblock;
-&translationblock;
+Includes index.
-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.
+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
+
-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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