X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/a7b874fffec620ab5267e4e360c2447d3a6d8751..a44816b23c4772ce6b443bfa51ff0e40f6e8682e:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index fe4d133..f7fb5d0 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -162,92 +162,6 @@ Code: And Other Laws of Cyberspace - - -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. - - -Cartoon in by Paul Conrad, copyright Tribune -Media Services, Inc. All rights reserved. Reprinted with permission. - - -Diagram in 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 - - - -&translationblock; - - - -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. - - - @@ -2078,6 +1992,8 @@ realized. +digital cameras +Just Think! If you drive through San Francisco's Presidio, you might see two gaudy yellow school buses @@ -2094,6 +2010,9 @@ schools and enable three hundred to five hundred children to learn something about media by doing something with media. By doing, they think. By tinkering, they learn. +educationin media literacy +media literacy +expression, technologies ofmedia literacy and These buses are not cheap, but the technology they carry is increasingly so. The cost of a high-quality digital video system has @@ -2120,6 +2039,7 @@ deconstruct media images. Its aim is to make [kids] literate about the way media works, the way it's constructed, the way it's delivered, and the way people access it. + This may seem like an odd way to think about literacy. For most people, literacy is about reading and writing. Faulkner and Hemingway @@ -2163,8 +2083,8 @@ from reading a book about it. One learns to write by writing and then reflecting upon what one has written. One learns to write with images by making them and then reflecting upon what one has created. -Crichton, Michael Daley, Elizabeth +Crichton, Michael This grammar has changed as media has changed. When it was just film, as Elizabeth Daley, executive director of the University of Southern @@ -2285,6 +2205,7 @@ can do well. Yet neither is text a form in which this message depended upon its connection to this form of expression. +Daley, Elizabeth @@ -2317,6 +2238,7 @@ make a little movie. But instead, really help you take these elements that you understand, that are your language, and construct meaning about the topic.… +Barish, Stephanie That empowers enormously. And then what happens, of course, is eventually, as it has happened in all these classes, they @@ -2335,6 +2257,10 @@ had a lot of power with this language. + + + + September 11, 2001, terrorist attacks of World Trade Center news coverage @@ -9838,10 +9764,12 @@ think there's little in this story to worry you. But there's an aspect of this story that is not lefty in any sense. Indeed, it is an aspect that could be written by the most extreme promarket ideologue. And if you're one of these sorts (and a special -one at that, 188 pages into a book like this), then you can see this -other aspect by substituting free market every place I've spoken of -free culture. The point is the same, even if the interests -affecting culture are more fundamental. +one at that, pages into a book like this), then you +can see this other aspect by substituting free market +every place I've spoken of free culture. The point is +the same, even if the interests affecting culture are more +fundamental. The charge I've been making about the regulation of culture is the @@ -9995,7 +9923,7 @@ such a view of the law will cost you and your firm dearly. This strategy is not just limited to the lawyers. In April 2003, Universal and EMI brought a lawsuit against Hummer Winblad, the venture capital firm (VC) that had funded Napster at a certain stage of -its development, its cofounder ( John Hummer), and general partner +its development, its cofounder (John Hummer), and general partner (Hank Barry). See Joseph Menn, Universal, EMI Sue Napster Investor, Los Angeles @@ -10186,7 +10114,8 @@ N.Y.: Prometheus Books, 2001). Digital Copyright (Litman) Litman, Jessica -overall this history of copyright is not bad. As chapter 10 details, +overall this history of copyright is not bad. As chapter + details, when new technologies have come along, Congress has struck a balance to assure that the new is protected from the old. Compulsory, or statutory, licenses have been one part of that strategy. Free use (as @@ -11047,6 +10976,7 @@ success will require. CHAPTER THIRTEEN: Eldred +Eldred, Eric Hawthorne, Nathaniel In 1995, a father was frustrated @@ -11057,6 +10987,8 @@ Hampshire, decided to put Hawthorne on the Web. An electronic version, Eldred thought, with links to pictures and explanatory text, would make this nineteenth-century author's work come alive. +librariesof public-domain literature +public domainlibrary of works derived from It didn't work—at least for his daughters. They didn't find Hawthorne any more interesting than before. But Eldred's experiment @@ -11077,6 +11009,7 @@ accessible to the twentieth century, Eldred transformed Hawthorne, and many others, into a form more accessible—technically accessible—today. +Scarlet Letter, The (Hawthorne) Eldred's freedom to do this with Hawthorne's work grew from the same source as Disney's. Hawthorne's Scarlet Letter had passed into the @@ -11120,6 +11053,13 @@ world before the Internet were extremely few. Yet one would think it at least as important to protect the Eldreds of the world as to protect noncommercial pornographers. +Congress, U.S.copyright terms extended by +copyrightduration of +copyright lawterm extensions in +Frost, Robert +New Hampshire (Frost) +patentsin public domain +patentsfuture patents vs. future copyrights in As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's collection of poems New Hampshire was slated to @@ -11134,8 +11074,12 @@ 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 +copyrightin perpetuity +Sonny Bono Copyright Term Extension Act (CTEA) (1998) @@ -11154,8 +11098,12 @@ you know, there is also Jack Valenti's proposal for a term to last forever less one day. Perhaps the Committee may look at that next Congress, 144 Cong. Rec. H9946, 9951-2 (October 7, 1998). - + +copyright lawfelony punishment for infringement of +NET (No Electronic Theft) Act (1998) +No Electronic Theft (NET) Act (1998) +peer-to-peer (p2p) file sharingfelony punishments for Eldred decided to fight this law. He first resolved to fight it through civil disobedience. In a series of interviews, Eldred announced that he @@ -11165,6 +11113,11 @@ of publishing would make Eldred a felon—whether or not anyone complained. This was a dangerous strategy for a disabled programmer to undertake. + +Congress, U.S.constitutional powers of +Constitution, U.S.Progress Clause of +Progress Clause +Lessig, LawrenceEldred case involvement of It was here that I became involved in Eldred's battle. I was a constitutional @@ -11182,6 +11135,7 @@ by securing for limited Times to Authors … exclusive Right to their … Writings. … + As I've described, this clause is unique within the power-granting clause of Article I, section 8 of our Constitution. Every other clause @@ -11192,6 +11146,9 @@ specific—to promote … Progress—through means t are also specific— by securing exclusive Rights (i.e., copyrights) for limited Times. + + + Jaszi, Peter In the past forty years, Congress has gotten into the practice of @@ -11204,6 +11161,9 @@ Congress has the power to extend its term, then Congress can achieve what the Constitution plainly forbids—perpetual terms on the installment plan, as Professor Peter Jaszi so nicely put it. + + +Lessig, LawrenceEldred case involvement of As an academic, my first response was to hit the books. I remember sitting late at the office, scouring on-line databases for any serious @@ -11349,6 +11309,9 @@ constitutional requirement that terms be limited. If they could extend it once, they would extend it again and again and again. + + + It was also my judgment that this Supreme Court would not allow Congress to extend existing terms. As anyone close to @@ -11654,7 +11617,7 @@ For most of the history of film, the costs of restoring film were very high; digital technology has lowered these costs substantially. While it cost more than $10,000 to restore a ninety-minute black-and-white film in 1993, it can now cost as little as $100 to digitize one hour of -mm film. +8 mm film. Brief of Hal Roach Studios and Michael Agee as Amicus Curiae Supporting the Petitoners, Eldred v. Ashcroft, 537 @@ -11840,7 +11803,7 @@ market is not doing the job, then we should allow nonmarket forces the freedom to fill the gaps. As one researcher calculated for American culture, 94 percent of the films, books, and music produced between -and 1946 is not commercially available. However much you love the +1923 and 1946 is not commercially available. However much you love the commercial market, if access is a value, then 6 percent is a failure to provide that value. @@ -15599,4 +15562,89 @@ 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. + + +Cartoon in by Paul Conrad, copyright Tribune +Media Services, Inc. All rights reserved. Reprinted with permission. + + +Diagram in 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 + + + +&translationblock; + + + +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. + +