X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/9aba52c6f46dcbc3fc93807e991041bb7bfc7570..4cc903a3bb2559e911e7acde298511c259eecfa5:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 76e1cc3..020aed3 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -18,8 +18,8 @@ "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 @@ -30,6 +30,20 @@ Lawrence Lessig + @@ -124,7 +143,7 @@ Appeals. --> - 978-82-92812-XX-Y + 978-82-8067-010-6 - - -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. + @@ -221,7 +266,7 @@ c INDEX -PREFACE +Preface Pogue, David At the end of his review of my first @@ -375,8 +420,8 @@ book is written. - -INTRODUCTION + +Introduction Wright brothers On December 17, 1903, on a windy North Carolina beach for just @@ -1032,7 +1077,7 @@ to which most of us remain oblivious. -<quote>PIRACY</quote> +<quote>Piracy</quote> copyright lawEnglish @@ -1215,7 +1260,7 @@ context the current battles about behavior labeled piracy. -CHAPTER ONE: Creators +Chapter One: Creators animated cartoons cartoon films filmsanimated @@ -1744,7 +1789,7 @@ free culture. It is becoming much less so. -CHAPTER TWO: <quote>Mere Copyists</quote> +Chapter Two: <quote>Mere Copyists</quote> Daguerre, Louis camera technology photography @@ -2707,7 +2752,7 @@ 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) @@ -2751,7 +2796,6 @@ 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 @@ -2966,7 +3010,7 @@ wrong message. And he wants to correct the record. -CHAPTER FOUR: <quote>Pirates</quote> +Chapter Four: <quote>Pirates</quote> piracyin development of content industry if value, then right theory @@ -3514,7 +3558,7 @@ last. Every generation—until now. -CHAPTER FIVE: <quote>Piracy</quote> +Chapter Five: <quote>Piracy</quote> There is piracy of copyrighted material. Lots of it. This piracy comes in many forms. The most @@ -4572,7 +4616,7 @@ is protected. -<quote>PROPERTY</quote> +<quote>Property</quote> @@ -4653,7 +4697,7 @@ 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 @@ -5256,7 +5300,7 @@ protected. -CHAPTER SEVEN: Recorders +Chapter Seven: Recorders copyright lawfair use and documentary film Else, Jon @@ -5489,7 +5533,7 @@ not. -CHAPTER EIGHT: Transformers +Chapter Eight: Transformers Allen, Paul Alben, Alex Microsoft @@ -5850,7 +5894,7 @@ curse, reserved for the few. -CHAPTER NINE: Collectors +Chapter Nine: Collectors archives, digital bots @@ -6214,7 +6258,7 @@ that Kahle and others would exercise. -CHAPTER TEN: <quote>Property</quote> +Chapter Ten: <quote>Property</quote> Johnson, Lyndon Kennedy, John F. @@ -6457,7 +6501,7 @@ 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 @@ -6586,7 +6630,7 @@ driving.
-Law has a special role in affecting the three. +
@@ -6650,7 +6694,7 @@ Let's say this is the picture of copyright's regulation before the Internet:
-Copyright's regulation before the Internet. +
@@ -6696,7 +6740,7 @@ after the fall of Saddam, but this time no government is justifying the looting that results.
-effective state of anarchy after the Internet. +
@@ -7020,14 +7064,14 @@ particular concentration of market power. In terms of our model, we started here:
-Copyright's regulation before the Internet. +
We will end here:
-<quote>Copyright</quote> today. +
@@ -7522,8 +7566,8 @@ 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 @@ -7546,16 +7590,16 @@ 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 ). @@ -7567,8 +7611,8 @@ 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. - + +
Constitution, U.S.First Amendment to First Amendment @@ -7583,13 +7627,8 @@ but the law denies the owner any exclusive right over such fair uses
-Unregulated copying considered <quote>fair uses.</quote> - -
- -
-Uses that before were presumptively unregulated are now presumptively regulated. - + +
copyrightusage restrictions attached to @@ -7651,6 +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 @@ -7909,8 +7952,9 @@ 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 @@ -7925,16 +7969,16 @@ 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. +
@@ -7953,7 +7997,7 @@ Here's the e-book for another work in the public domain (including the translation): Aristotle's Politics.
-E-book of Aristotle;s <quote>Politics</quote> +
@@ -7962,7 +8006,7 @@ at all. But fortunately, you can use the Read Aloud button to hear the book.
-List of the permissions for Aristotle;s <quote>Politics</quote>. +
Future of Ideas, The (Lessig) @@ -7974,7 +8018,7 @@ Ideas:
-List of the permissions for <quote>The Future of Ideas</quote>. +
@@ -8059,8 +8103,7 @@ domain. Yet when you clicked on Permissions for that book, you got the following report:
-List of the permissions for <quote>Alice's Adventures in -Wonderland</quote>. +
@@ -8384,8 +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 @@ -8408,9 +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 @@ -8623,8 +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. - + +
@@ -9102,7 +9149,7 @@ we could say the law began to look like this: Noncommercial - ©/Free + © / Free Free @@ -9233,11 +9280,11 @@ lawyer. -PUZZLES +Puzzles -CHAPTER ELEVEN: Chimera +Chapter Eleven: Chimera chimeras Wells, H. G. Country of the Blind, The (Wells) @@ -9516,7 +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 @@ -9603,7 +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 @@ -9627,7 +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 @@ -10934,7 +10981,7 @@ effort through our democracy to change our law? -BALANCES +Balances @@ -10993,7 +11040,7 @@ success will require. -CHAPTER THIRTEEN: Eldred +Chapter Thirteen: Eldred Eldred, Eric Hawthorne, Nathaniel @@ -12707,14 +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
@@ -12729,7 +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 @@ -13124,8 +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 @@ -13929,8 +13977,8 @@ potential is ever to be realized. - -AFTERWORD + +Afterword @@ -13961,7 +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 @@ -14478,7 +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 @@ -14560,7 +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 @@ -14609,7 +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 @@ -15487,8 +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 @@ -15503,13 +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 @@ -15581,24 +15630,46 @@ grateful for her perpetual patience and love. - -This digital book was published by Petter Reinholdtsen in 2014. + + + + + +Free culture: How big media uses technology and the law to lock down +culture and control creativity / Lawrence Lessig. -The original hardcover paper book was published in 2004 by The Penguin -Press, a member of Penguin Group (USA) Inc. 375 Hudson Street New -York, New York. +Copyright © 2004 Lawrence Lessig. Some rights reserved. + -Copyright © Lawrence Lessig. Some rights reserved. + + 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, click the icon above, or visit +about the license visit http://creativecommons.org/licenses/by-nc/1.0/ + + +Published 2015 by Petter Reinholdtsen in his spare time. First +published 2004 by The Penguin Press. Thomas Gramstad Forlag donated +the ISBN numbers. + + Excerpt from an editorial titled The Coming of Copyright Perpetuity, The New York Times, January @@ -15606,27 +15677,47 @@ Perpetuity, The New York Times, January with permission. -Cartoon in by Paul -Conrad, copyright Tribune Media Services, Inc. All rights +Cartoon in figure + by +Paul Conrad, copyright Tribune Media Services, Inc. All rights reserved. Reprinted with permission. -Diagram in +Diagram in figure + courtesy of the office of FCC Commissioner, Michael J. Copps. + -Library of Congress Cataloging-in-Publication Data +Includes index. + -Lessig, Lawrence. -Free culture : how big media uses technology and the law to lock down -culture and control creativity / Lawrence Lessig. +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 + + + -p. cm. +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 for his help. The source is available from +. +Please report any problems using the GitHub issue tracker. + -Includes index. +&translationblock; @@ -15640,67 +15731,26 @@ Includes index. - 978-82-92812-XX-Y - text/plain + 978-82-8067-010-6 + Paper copy from XXX - - 978-82-92812-XX-Y + 978-82-8067-011-3 application/pdf - 978-82-92812-XX-Y - text/html - - - 978-82-92812-XX-Y + 978-82-8067-012-0 application/epub+zip - 978-82-92812-XX-Y - application/docbook+xml - - - 978-82-92812-XX-Y + 978-82-8067-013-7 application/x-mobipocket-ebook - - -1. Intellectual property—United States. - - -2. Mass media—United States. - - -3. Technological innovations—United States. - - -4. Art—United States. I. Title. - - -KF2979.L47 2004 - - -343.7309'9—dc22 2003063276 - - - -The source of this version of the text 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 with formatting and index references by Petter -Reinholdtsen. The source files of this book is available as -a -github project. - - - -&translationblock; - - +