X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/a579624092cf0765001eeb7ef4aad3ea1cfceab5..e05056c20e6db7058278121af557042f6a61d37c:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 140a875..2e0b6a5 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -1285,6 +1285,9 @@ context the current battles about behavior labeled piracy. animated cartoons + + cartoon films + In 1928, a cartoon character was born. An early Mickey Mouse made his debut in May of that year, in a silent flop called Plane Crazy. @@ -1483,6 +1486,7 @@ to now be free for the next Walt Disney to build upon without permission. Yet today, the public domain is presumptive only for content from before the Great Depression. + Of course, Walt Disney had no monopoly on Walt Disney creativity. Nor does America. The norm of free culture has, until recently, and @@ -3959,6 +3963,10 @@ available, the vast majority of it is unavailable solely because the publisher or the distributor has decided it no longer makes economic sense to the company to make it available. + + books + resales of + In real space—long before the Internet—the market had a simple @@ -3966,15 +3974,19 @@ response to this problem: used book and record stores. There are thousands of used book and used record stores in America today. -While there are not good estimates of the number of used record stores in -existence, in 2002, there were 7,198 used book dealers in the United States, -an increase of 20 percent since 1993. See Book Hunter Press, The Quiet -Revolution: The Expansion of the Used Book Market (2002), available at -link #19. Used records accounted for $260 million in sales in 2002. See - National -Association of Recording Merchandisers, 2002 Annual Survey - Results, -available at + + books + resales of + +While there are not good estimates of the number of used record stores +in existence, in 2002, there were 7,198 used book dealers in the +United States, an increase of 20 percent since 1993. See Book Hunter +Press, The Quiet Revolution: The Expansion of the Used Book +Market (2002), available at +link #19. Used +records accounted for $260 million in sales in 2002. See National +Association of Recording Merchandisers, 2002 Annual Survey +Results, available at link #20. These stores buy content from owners, then sell the content they @@ -4549,6 +4561,9 @@ one else could publish copies of a book to which they held the copyright. Prices of the classics were thus kept high; competition to produce better or cheaper editions was eliminated. + + British Parliament + Now, there's something puzzling about the year 1774 to anyone who knows a little about copyright law. The better-known year in the @@ -4684,6 +4699,9 @@ have it forever.) The state would protect the exclusive right, but only so long as it benefited society. The British saw the harms from specialinterest favors; they passed a law to stop them. + + booksellers, English + Second, about booksellers. It wasn't just that the copyright was a monopoly. It was also that it was a monopoly held by the booksellers. @@ -4999,12 +5017,14 @@ context, not a context in which the choices about what culture is available to people and how they get access to it are made by the few despite the wishes of the many. + At least, this was the rule in a world where the Parliament is antimonopoly, resistant to the protectionist pleas of publishers. In a world where the Parliament is more pliant, free culture would be less protected. + @@ -5577,6 +5597,7 @@ curse, reserved for the few. archives, digital +bots In April 1996, millions of bots—computer codes designed to @@ -6773,6 +6794,10 @@ accompanying figures. books out of print + + books + resales of + Even today, this structure would make sense. Most creative work has an actual commercial life of just a couple of years. Most books fall @@ -7112,6 +7137,10 @@ empty circle. All potential uses of a book. + + books + three types of uses of + Think about a book in real space, and imagine this circle to represent @@ -7172,6 +7201,7 @@ In real space, then, the possible uses of a book are divided into three sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that are nonetheless deemed fair regardless of the copyright owner's views. + books on Internet @@ -7285,6 +7315,7 @@ to video stores. The video stores displayed the trailers as a way to sell videos. Video Pipeline got the trailers from the film distributors, put the trailers on tape, and sold the tapes to the retail stores. +browsing The company did this for about fifteen years. Then, in 1997, it began to think about the Internet as another way to distribute these @@ -7344,6 +7375,7 @@ control. The technology expands the scope of effective control, because the technology builds a copy into every transaction. Barnes & Noble +browsing No doubt, a potential is not yet an abuse, and so the potential for @@ -8037,6 +8069,7 @@ never be interfered with by the copyright police. You were free in that space to do as you wished with this part of our culture. You were allowed to build on it as you wished without fear of legal control. +bots But if you moved your club onto the Internet, and made it generally available for others to join, the story would be very different. Bots @@ -13422,6 +13455,9 @@ before.
Rebuilding Freedoms Previously Presumed: Examples + + browsing + If you step back from the battle I've been describing here, you will recognize this problem from other contexts. Think about @@ -13474,6 +13510,7 @@ you. If it becomes simple to gather and sort who does what in electronic spaces, then the friction-induced privacy of yesterday disappears. + It is this reality that explains the push of many to define privacy on the Internet. It is the recognition that technology can remove what @@ -14476,6 +14513,10 @@ way that returns something to the artist. books out of print + + books + resales of + Again, the model here is the used book store. Once a book goes out of print, it may still be available in libraries and used book