X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/830cc9b33a14c6a6231f85189ae1011ec86f3da2..df071f8fe43b53cfc8f25e2209c360182a43a858:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 689b73e..2d56e33 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -49,21 +49,20 @@ click the icon above, or visit LAWRENCE LESSIG (http://www.lessig.org), -professor of law and a John A. -Wilson Distinguished Faculty Scholar at Stanford Law School, is founder of the -Stanford Center for Internet and Society and is chairman of the Creative - Commons +professor of law and a John A. Wilson Distinguished Faculty Scholar +at Stanford Law School, is founder of the Stanford Center for Internet +and Society and is chairman of the Creative Commons (http://creativecommons.org). -The author of The Future of Ideas (Random -House, 2001) and Code: And Other Laws of Cyberspace (Basic Books, 1999), Lessig -is a member of the boards of the Public Library of Science, the Electronic Frontier -Foundation, and Public Knowledge. He was the winner of the Free Software -Foundation's Award for the Advancement of Free Software, twice listed in - BusinessWeek's -"e.biz 25," and named one of Scientific American's "50 visionaries." A -graduate of the University of Pennsylvania, Cambridge University, and Yale Law -School, Lessig clerked for Judge Richard Posner of the U.S. Seventh Circuit Court -of Appeals. +The author of The Future of Ideas (Random House, 2001) and Code: And +Other Laws of Cyberspace (Basic Books, 1999), Lessig is a member of +the boards of the Public Library of Science, the Electronic Frontier +Foundation, and Public Knowledge. He was the winner of the Free +Software Foundation's Award for the Advancement of Free Software, +twice listed in BusinessWeek's "e.biz 25," and named one of Scientific +American's "50 visionaries." A graduate of the University of +Pennsylvania, Cambridge University, and Yale Law School, Lessig +clerked for Judge Richard Posner of the U.S. Seventh Circuit Court of +Appeals. @@ -73,8 +72,7 @@ of Appeals. -You can buy a copy of this book -by clicking on one of the links below: +You can buy a copy of this book by clicking on one of the links below: Amazon @@ -87,80 +85,82 @@ by clicking on one of the links below: ALSO BY LAWRENCE LESSIG -The Future of Ideas: The Fate of the Commons +The Future of Ideas: The Fate of the Commons in a Connected World -Code: And Other Laws of Cyberspace +Code: And Other Laws of Cyberspace THE PENGUIN PRESS -NEW YORK +NEW YORK FREE CULTURE -HOW BIG MEDIA USES TECHNOLOGY AND THE +HOW BIG MEDIA USES TECHNOLOGY AND THE HOW BIG MEDIA USES TECHNOLOGY AND LAW TO LOCK DOWN CULTURE AND CONTROL THE LAW TO LOCK DOWN CULTURE CREATIVITY AND CONTROL CREATIVITY -LAWRENCE LESSIG +LAWRENCE LESSIG 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," +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 by Paul Conrad on page 159. Copyright Tribune Media Services, Inc. -All rights reserved. Reprinted with permission. -Diagram on page 164 courtesy of the office of FCC Commissioner, Michael J. Copps. -Library of Congress Cataloging-in-Publication Data -Lessig, Lawrence. +Cartoon by Paul Conrad on page 159. Copyright Tribune Media Services, Inc. +All rights reserved. Reprinted with permission. +Diagram on page 164 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 culture and control creativity / Lawrence Lessig. -p. cm. -Includes index. -ISBN 1-59420-006-8 (hardcover) -1. Intellectual property--United States. 2. Mass media--United States. -3. Technological innovations--United States. 4. Art--United States. I. Title. -KF2979.L47 -343.7309'9--dc22 -This book is printed on acid-free paper. -Printed in the United States of America -1 3 5 7 9 10 8 6 4 -Designed by Marysarah Quinn -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. -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. +p. cm. +Includes index. +ISBN 1-59420-006-8 (hardcover) +1. Intellectual property--United States. 2. Mass media--United States. +3. Technological innovations--United States. 4. Art--United States. I. Title. +KF2979.L47 +343.7309'9--dc22 +This book is printed on acid-free paper. +Printed in the United States of America +1 3 5 7 9 10 8 6 4 +Designed by Marysarah Quinn + + + +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. 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. -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.
Creative Commons, Some rights reserved - +
@@ -272,75 +272,68 @@ a geek-wanna-be to admit, much more important. That tradition is the way our culture gets made. As I explain in the pages that follow, we come from a tradition of "free culture"--not -"free" as in "free beer" (to borrow a phrase from the founder of the - freesoftware -movement +"free" as in "free beer" (to borrow a phrase from the founder of the +freesoftware movement + Richard M. Stallman, Free Software, Free Societies 57 ( Joshua Gay, ed. 2002). ), but "free" as in "free speech," "free markets," "free -trade," "free enterprise," "free will," and "free elections." A free culture -supports and protects creators and innovators. It does this directly by -granting intellectual property rights. But it does so indirectly by - limiting -the reach of those rights, to guarantee that follow-on creators and -innovators remain as free as possible from the control of the past. A free -culture is not a culture without property, just as a free market is not a -market in which everything is free. The opposite of a free culture is a -"permission culture"--a culture in which creators get to create only -with the permission of the powerful, or of creators from the past. +trade," "free enterprise," "free will," and "free elections." A free +culture supports and protects creators and innovators. It does this +directly by granting intellectual property rights. But it does so +indirectly by limiting the reach of those rights, to guarantee that +follow-on creators and innovators remain as free as possible from the +control of the past. A free culture is not a culture without property, +just as a free market is not a market in which everything is free. The +opposite of a free culture is a "permission culture"--a culture in +which creators get to create only with the permission of the powerful, +or of creators from the past. If we understood this change, I believe we would resist it. Not "we" on the Left or "you" on the Right, but we who have no stake in the particular industries of culture that defined the twentieth century. -Whether you are on the Left or the Right, if you are in this sense - disinterested, -then the story I tell here will trouble you. For the changes I -describe affect values that both sides of our political culture deem - fundamental. +Whether you are on the Left or the Right, if you are in this sense +disinterested, then the story I tell here will trouble you. For the +changes I describe affect values that both sides of our political +culture deem fundamental. We saw a glimpse of this bipartisan outrage in the early summer of 2003. As the FCC considered changes in media ownership rules that would relax limits on media concentration, an extraordinary coalition generated more than 700,000 letters to the FCC opposing the change. -As William Safire described marching "uncomfortably alongside -CodePink Women for Peace and the National Rifle Association, - between - liberal Olympia Snowe and conservative Ted Stevens," he - formulated -perhaps most simply just what was at stake: the concentration -of power. And as he asked, +As William Safire described marching "uncomfortably alongside CodePink +Women for Peace and the National Rifle Association, between liberal +Olympia Snowe and conservative Ted Stevens," he formulated perhaps +most simply just what was at stake: the concentration of power. And as +he asked,
-Does that sound unconservative? Not to me. The concentration -of power--political, corporate, media, cultural--should be - anathema -to conservatives. The diffusion of power through local - control, -thereby encouraging individual participation, is the essence -of federalism and the greatest expression of democracy. -William Safire, "The Great Media Gulp," New York Times, 22 May 2003. +Does that sound unconservative? Not to me. The concentration of +power--political, corporate, media, cultural--should be anathema to +conservatives. The diffusion of power through local control, thereby +encouraging individual participation, is the essence of federalism and +the greatest expression of democracy. William Safire, +"The Great Media Gulp," New York Times, 22 May 2003.
This idea is an element of the argument of Free Culture, though my -focus is not just on the concentration of power produced by - concentrations -in ownership, but more importantly, if because less visibly, on the -concentration of power produced by a radical change in the effective -scope of the law. The law is changing; that change is altering the way our -culture gets made; that change should worry you--whether or not you -care about the Internet, and whether you're on Safire's left or on his right. -The inspiration for the title and for much of the argument of -this book comes from the work of Richard Stallman and the Free - Software -Foundation. Indeed, as I reread Stallman's own work, especially -the essays in Free Software, Free Society, I realize that all of the - theoretical -insights I develop here are insights Stallman described decades -ago. One could thus well argue that this work is "merely" derivative. +focus is not just on the concentration of power produced by +concentrations in ownership, but more importantly, if because less +visibly, on the concentration of power produced by a radical change in +the effective scope of the law. The law is changing; that change is +altering the way our culture gets made; that change should worry +you--whether or not you care about the Internet, and whether you're on +Safire's left or on his right. The inspiration for the title and for +much of the argument of this book comes from the work of Richard +Stallman and the Free Software Foundation. Indeed, as I reread +Stallman's own work, especially the essays in Free Software, Free +Society, I realize that all of the theoretical insights I develop here +are insights Stallman described decades ago. One could thus well argue +that this work is "merely" derivative. I accept that criticism, if indeed it is a criticism. The work of a @@ -6191,18 +6184,17 @@ to assure that artists get paid need also control how culture develops. -To answer these questions, we need a more general way to talk -about how property is protected. More precisely, we need a more - general -way than the narrow language of the law allows. In Code and Other -Laws of Cyberspace, I used a simple model to capture this more general -perspective. For any particular right or regulation, this model asks how -four different modalities of regulation interact to support or weaken -the right or regulation. I represented it with this diagram: +To answer these questions, we need a more general way to talk about +how property is protected. More precisely, we need a more general way +than the narrow language of the law allows. In Code and Other Laws of +Cyberspace, I used a simple model to capture this more general +perspective. For any particular right or regulation, this model asks +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. +
At the center of this picture is a regulated dot: the individual or @@ -6327,17 +6319,16 @@ strict--a federal requirement that states decrease the speed limit, for example--so as to decrease the attractiveness of fast driving.
- - +Law has a special role in affecting the three. +
These constraints can thus change, and they can be changed. To -understand the effective protection of liberty or protection of property -at any particular moment, we must track these changes over time. A - restriction -imposed by one modality might be erased by another. A - freedom -enabled by one modality might be displaced by another. +understand the effective protection of liberty or protection of +property at any particular moment, we must track these changes over +time. A restriction imposed by one modality might be erased by +another. A freedom enabled by one modality might be displaced by +another. Some people object to this way of talking about "liberty." They object because @@ -6386,8 +6377,8 @@ Let's say this is the picture of copyright's regulation before the Internet:
- - +Copyright's regulation before the Internet. +
@@ -6425,8 +6416,8 @@ after the fall of Saddam, but this time no government is justifying the looting that results.
- - +effective state of anarchy after the Internet. +
Neither this analysis nor the conclusions that follow are new to the @@ -6716,15 +6707,15 @@ 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. +
Let me explain how. @@ -7188,28 +7179,26 @@ We can see this point abstractly by beginning with this largely empty circle.
- - +All potential uses of a book. +
-Think about a book in real space, and imagine this circle to - represent -all its potential uses. Most of these uses are unregulated by copyright -law, because the uses don't create a copy. If you read a book, that act is not -regulated by copyright law. If you give someone the book, that act is -not regulated by copyright law. If you resell a book, that act is not - regulated -(copyright law expressly states that after the first sale of a book, -the copyright owner can impose no further conditions on the - disposition -of the book). If you sleep on the book or use it to hold up a lamp or -let your puppy chew it up, those acts are not regulated by copyright law, -because those acts do not make a copy. +Think about a book in real space, and imagine this circle to represent +all its potential uses. Most of these uses are unregulated by +copyright law, because the uses don't create a copy. If you read a +book, that act is not regulated by copyright law. If you give someone +the book, that act is not regulated by copyright law. If you resell a +book, that act is not regulated (copyright law expressly states that +after the first sale of a book, the copyright owner can impose no +further conditions on the disposition of the book). If you sleep on +the book or use it to hold up a lamp or let your puppy chew 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 @@ -7225,8 +7214,8 @@ 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. +
These are uses that themselves involve copying, but which the law treats @@ -7240,13 +7229,13 @@ denies the owner any exclusive right over such "fair uses" for public policy (and possibly First Amendment) reasons.
- - +Unregulated copying considered "fair uses." +
- - +Uses that before were presumptively unregulated are now presumptively regulated. +
@@ -7546,17 +7535,16 @@ Middlemarch, you'll see a fancy cover, and then a button at the bottom called Permissions.
-Acrobat eBook Reader - +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. +If you click on the Permissions button, you'll see a list of the +permissions that the publisher purports to grant with this book.
- +
@@ -7576,16 +7564,12 @@ read aloud through the computer. -Here's the e-book for another -work in the public domain - (including -the translation): - Aristotle's -Politics. +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 @@ -7593,8 +7577,8 @@ at all. But fortunately, you can use the Read Aloud button to hear the book.
- - +List of the permissions for Aristotle;s "Politics". +
Finally (and most embarrassingly), here are the permissions for the @@ -7602,8 +7586,8 @@ original e-book version of my last book, The Future of Ideas:
- - +List of the permissions for "The Future of Ideas". +
No copying, no printing, and don't you dare try to listen to this book! @@ -7682,8 +7666,9 @@ This wonderful book is in the public 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". +
@@ -8034,8 +8019,8 @@ such a use would be good. It, too, is a technology that has both good and bad uses.
- - +VCR/handgun cartoon. +
The obvious point of Conrad's cartoon is the weirdness of a world @@ -8251,8 +8236,8 @@ 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. +