X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/ae4fadae07caba3b86a5b662500c192353c0a76d..63395cdd596d23705b57a4700762b4a490fb34fc:/freeculture.pot diff --git a/freeculture.pot b/freeculture.pot index f48ebf1..aa0e95e 100644 --- a/freeculture.pot +++ b/freeculture.pot @@ -7,7 +7,7 @@ msgid "" msgstr "" "Project-Id-Version: PACKAGE VERSION\n" -"POT-Creation-Date: 2012-07-30 19:50+0300\n" +"POT-Creation-Date: 2015-09-05 21:50+0300\n" "PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n" "Last-Translator: FULL NAME \n" "Language-Team: LANGUAGE \n" @@ -22,91 +22,120 @@ msgid "©" msgstr "" #. type: Attribute 'lang' of: -#: freeculture.xml:18 +#: freeculture.xml:15 msgid "en" msgstr "" -#. type: Content of: -#: freeculture.xml:20 +#. type: Content of: <chapter><title> +#: freeculture.xml:17 cover-text.xml:14 msgid "Free Culture" msgstr "" #. type: Content of: <book><bookinfo> -#: freeculture.xml:22 +#: freeculture.xml:19 msgid "<abbrev>\"freeculture\"</abbrev>" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:24 freeculture.xml:126 +#. type: Content of: <chapter><para> +#: freeculture.xml:21 cover-text.xml:23 msgid "" -"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" msgstr "" #. type: Content of: <book><bookinfo> -#: freeculture.xml:27 -msgid "<pubdate>2004-03-25</pubdate>" +#: freeculture.xml:24 +msgid "<pubdate>2015-09-04</pubdate> <edition>1</edition>" msgstr "" #. type: Content of: <book><bookinfo><releaseinfo> -#: freeculture.xml:29 +#: freeculture.xml:28 msgid "Version 2004-02-10" msgstr "" #. type: Content of: <book><bookinfo><authorgroup><author><firstname> -#: freeculture.xml:33 +#: freeculture.xml:32 msgid "Lawrence" msgstr "" #. type: Content of: <book><bookinfo><authorgroup><author><surname> -#: freeculture.xml:34 +#: freeculture.xml:33 msgid "Lessig" msgstr "" +#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm> +#: freeculture.xml:56 +msgid "Intellectual property—United States." +msgstr "" + +#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm> +#: freeculture.xml:59 +msgid "Mass media—United States." +msgstr "" + +#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm> +#: freeculture.xml:62 +msgid "Technological innovations—United States." +msgstr "" + +#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm> +#: freeculture.xml:65 +msgid "Art—United States." +msgstr "" + +#. type: Content of: <book><bookinfo><publisher><address> +#: freeculture.xml:72 +#, no-wrap +msgid "<city>Oslo</city>" +msgstr "" + #. type: Content of: <book><bookinfo> -#: freeculture.xml:38 -msgid "<copyright> <year>2004</year> <holder>Lawrence Lessig</holder> </copyright>" +#: freeculture.xml:70 +msgid "" +"<publisher> <publishername>Petter Reinholdtsen</publishername> <placeholder " +"type=\"address\" id=\"0\"/> </publisher> <copyright> <year>2004</year> " +"<holder>Lawrence Lessig</holder> </copyright>" msgstr "" #. type: Content of: <book><bookinfo><legalnotice><para><inlinemediaobject> -#: freeculture.xml:46 +#: freeculture.xml:82 msgid "" -"<imageobject> <imagedata fileref=\"images/cc.png\" width=\"100%\" " -"align=\"center\"/> </imageobject> <imageobject> <imagedata " -"fileref=\"images/cc.svg\" width=\"100%\" align=\"center\"/> </imageobject>" +"<imageobject> <imagedata fileref=\"images/cc.png\" contentdepth=\"3em\" " +"width=\"100%\" align=\"center\"/> </imageobject> <imageobject> <imagedata " +"fileref=\"images/cc.svg\" contentdepth=\"3em\" width=\"100%\" " +"align=\"center\"/> </imageobject>" msgstr "" #. type: Content of: <book><bookinfo><legalnotice><para><inlinemediaobject><textobject><phrase> -#: freeculture.xml:53 +#: freeculture.xml:89 msgid "Creative Commons, Some rights reserved" msgstr "" #. type: Content of: <book><bookinfo><legalnotice><para> -#: freeculture.xml:45 +#: freeculture.xml:81 msgid "<placeholder type=\"inlinemediaobject\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><bookinfo><legalnotice><para> -#: freeculture.xml:59 +#. type: Content of: <book><colophon><para> +#: freeculture.xml:95 freeculture.xml:15780 msgid "" -"This version of <citetitle>Free Culture</citetitle> 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 <ulink " -"url=\"http://creativecommons.org/licenses/by-nc/1.0/\">http://creativecommons.org/licenses/by-nc/1.0/</ulink>" +"This book 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 <ulink " +"url=\"http://creativecommons.org/licenses/by-nc/1.0/\"/>." msgstr "" #. type: Content of: <book><bookinfo><abstract><title> -#: freeculture.xml:68 -msgid "ABOUT THE AUTHOR" +#: freeculture.xml:103 +msgid "About the author" msgstr "" #. type: Content of: <book><bookinfo><abstract><para> -#: freeculture.xml:70 +#: freeculture.xml:105 msgid "" -"LAWRENCE LESSIG (<ulink " +"Lawrence Lessig (<ulink " "url=\"http://www.lessig.org\">http://www.lessig.org</ulink>), professor of " -"law and a John A. Wilson Distinguished Faculty Scholar at Stanford Law " +"law and a Roy L. Furman Professor of Law and Leadership at Harvard Law " "School, is founder of the Stanford Center for Internet and Society and is " "chairman of the Creative Commons (<ulink " "url=\"http://creativecommons.org\">http://creativecommons.org</ulink>). The " @@ -114,227 +143,120 @@ msgid "" "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." -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:94 -msgid "You can buy a copy of this book by clicking on one of the links below:" -msgstr "" - -#. type: Content of: <book><colophon><itemizedlist><listitem><para> -#: freeculture.xml:97 -msgid "<ulink url=\"http://www.amazon.com/\">Amazon</ulink>" -msgstr "" - -#. type: Content of: <book><colophon><itemizedlist><listitem><para> -#: freeculture.xml:98 -msgid "<ulink url=\"http://www.barnesandnoble.com/\">B&N</ulink>" -msgstr "" - -#. type: Content of: <book><colophon><itemizedlist><listitem><para> -#: freeculture.xml:99 -msgid "<ulink url=\"http://www.penguin.com/\">Penguin</ulink>" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:106 -msgid "ALSO BY LAWRENCE LESSIG" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:109 -msgid "The Future of Ideas: The Fate of the Commons in a Connected World" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:112 -msgid "Code: And Other Laws of Cyberspace" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:117 -msgid "THE PENGUIN PRESS, NEW YORK" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:122 -msgid "FREE CULTURE" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:132 -msgid "LAWRENCE LESSIG" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:137 -msgid "" -"THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street " -"New York, New York" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:141 -msgid "Copyright © Lawrence Lessig. All rights reserved." -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:144 -msgid "" -"Excerpt from an editorial titled \"The Coming of Copyright Perpetuity,\" " -"<citetitle>The New York Times</citetitle>, January 16, 2003. Copyright " -"© 2003 by The New York Times Co. Reprinted with permission." +"Advancement of Free Software, twice listed in BusinessWeek's <quote>e.biz " +"25,</quote> and named one of Scientific American's <quote>50 " +"visionaries.</quote> 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." msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:149 -msgid "" -"Cartoon in <xref linkend=\"fig-1711\"/> by Paul Conrad, copyright Tribune " -"Media Services, Inc. All rights reserved. Reprinted with permission." -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:153 +#. testing different ways to tag the cover page +# +#. <imageobject remap="s" role="front"> +# +#. <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" /> +#. </imageobject> +#. <imageobject remap="xs" role="front-small"> +#. <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" /> +#. </imageobject> +#. <imageobject remap="cs" role="thumbnail"> +#. <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" /> +#. </imageobject> +# +#. type: Content of: <book><bookinfo><mediaobject> +#: freeculture.xml:126 msgid "" -"Diagram in <xref linkend=\"fig-1761\"/> courtesy of the office of FCC " -"Commissioner, Michael J. Copps." -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:157 -msgid "Library of Congress Cataloging-in-Publication Data" +"<imageobject remap=\"lrg\" role=\"front-large\"> <imagedata " +"fileref=\"images/cover.png\" format=\"PNG\" width=\"444\" /> </imageobject>" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:160 +#. LCCN from +#. http://catalog.loc.gov/cgi-bin/Pwebrecon.cgi?v3=1&DB=local&CMD=010a+2003063276&CNT=10+records+per+page +#. +#. type: Content of: <book><bookinfo> +#: freeculture.xml:124 msgid "" -"Lessig, Lawrence. Free culture : how big media uses technology and the law " -"to lock down culture and control creativity / Lawrence Lessig." +" <placeholder type=\"mediaobject\" id=\"0\"/> <biblioid " +"class=\"isbn\">978-82-8067-010-6</biblioid> <biblioid " +"class=\"libraryofcongress\">2003063276</biblioid> <biblioid " +"class=\"uri\">http://free-culture.cc/</biblioid>" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:165 -msgid "p. cm." +#. type: Content of: <book><dedication><title> +#: freeculture.xml:155 +msgid "Also by Lawrence Lessig" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:168 -msgid "Includes index." +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:161 +msgid "The USA is lesterland: The nature of congressional corruption (2014)" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:171 -msgid "ISBN 1-59420-006-8 (hardcover)" +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:164 +msgid "Republic, lost: How money corrupts Congress - and a plan to stop it (2011)" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:174 -msgid "" -"1. Intellectual property—United States. 2. Mass media—United " -"States." +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:167 +msgid "Remix: Making art and commerce thrive in the hybrid economy (2008)" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:177 -msgid "" -"3. Technological innovations—United States. 4. Art—United " -"States. I. Title." +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:170 +msgid "Code: Version 2.0 (2006)" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:180 -msgid "KF2979.L47" +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:173 +msgid "The Future of Ideas: The Fate of the Commons in a Connected World (2001)" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:183 -msgid "343.7309'9—dc22" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:186 -msgid "This book is printed on acid-free paper." -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:189 -msgid "Printed in the United States of America" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:192 -msgid "1 3 5 7 9 10 8 6 4" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:195 -msgid "Designed by Marysarah Quinn" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:199 -msgid "&translationblock;" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:203 -msgid "" -"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." +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:176 +msgid "Code: And Other Laws of Cyberspace (1999)" msgstr "" #. type: Content of: <book><dedication><para> -#: freeculture.xml:220 +#: freeculture.xml:189 msgid "" -"To Eric Eldred—whose work first drew me to this cause, and for whom it " -"continues still." +"To Eric Eldred — whose work first drew me to this cause, and for whom " +"it continues still." msgstr "" #. type: Content of: <book><lot><title> -#: freeculture.xml:228 +#: freeculture.xml:199 msgid "List of figures" msgstr "" #. type: Content of: <book><preface><title> -#: freeculture.xml:290 -msgid "PREFACE" +#: freeculture.xml:261 +msgid "Preface" msgstr "" #. type: Content of: <book><preface><indexterm><primary> -#: freeculture.xml:292 +#: freeculture.xml:262 msgid "Pogue, David" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:295 +#: freeculture.xml:264 msgid "" -"At the end of his review of my first book, <citetitle>Code: And Other Laws " -"of Cyberspace</citetitle>, David Pogue, a brilliant writer and author of " -"countless technical and computer-related texts, wrote this:" +"<emphasis role=\"bold\">At the end</emphasis> of his review of my first " +"book, <citetitle>Code: And Other Laws of Cyberspace</citetitle>, David " +"Pogue, a brilliant writer and author of countless technical and " +"computer-related texts, wrote this:" msgstr "" #. type: Content of: <book><preface><blockquote><para><footnote><para> -#: freeculture.xml:305 +#: freeculture.xml:275 msgid "" -"David Pogue, \"Don't Just Chat, Do Something,\" <citetitle>New York " -"Times</citetitle>, 30 January 2000." +"David Pogue, <quote>Don't Just Chat, Do Something,</quote> <citetitle>New " +"York Times</citetitle>, 30 January 2000." msgstr "" #. type: Content of: <book><preface><blockquote><para> -#: freeculture.xml:301 +#: freeculture.xml:271 msgid "" "Unlike actual law, Internet software has no capacity to punish. It doesn't " "affect people who aren't online (and only a tiny minority of the world " @@ -343,31 +265,32 @@ msgid "" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:310 +#: freeculture.xml:280 msgid "" "Pogue was skeptical of the core argument of the book—that software, or " -"\"code,\" functioned as a kind of law—and his review suggested the " -"happy thought that if life in cyberspace got bad, we could always \"drizzle, " -"drazzle, druzzle, drome\"-like simply flip a switch and be back home. Turn " -"off the modem, unplug the computer, and any troubles that exist in " -"<emphasis>that</emphasis> space wouldn't \"affect\" us anymore." +"<quote>code,</quote> functioned as a kind of law—and his review " +"suggested the happy thought that if life in cyberspace got bad, we could " +"always <quote>drizzle, drazzle, druzzle, drome</quote>-like simply flip a " +"switch and be back home. Turn off the modem, unplug the computer, and any " +"troubles that exist in <emphasis>that</emphasis> space wouldn't " +"<quote>affect</quote> us anymore." msgstr "" -#. PAGE BREAK 12 +#. PAGE BREAK 12 #. type: Content of: <book><preface><para> -#: freeculture.xml:319 +#: freeculture.xml:289 msgid "" "Pogue might have been right in 1999—I'm skeptical, but maybe. But " "even if he was right then, the point is not right now: <citetitle>Free " "Culture</citetitle> is about the troubles the Internet causes even after the " "modem is turned off. It is an argument about how the battles that now rage " -"regarding life on-line have fundamentally affected \"people who aren't " -"online.\" There is no switch that will insulate us from the Internet's " +"regarding life on-line have fundamentally affected <quote>people who aren't " +"online.</quote> There is no switch that will insulate us from the Internet's " "effect." msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:330 +#: freeculture.xml:300 msgid "" "But unlike <citetitle>Code</citetitle>, the argument here is not much about " "the Internet itself. It is instead about the consequence of the Internet to " @@ -376,75 +299,87 @@ msgid "" msgstr "" #. type: Content of: <book><preface><para><footnote><para> -#: freeculture.xml:342 +#: freeculture.xml:312 msgid "" "Richard M. Stallman, <citetitle>Free Software, Free Societies</citetitle> 57 " "(Joshua Gay, ed. 2002)." msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:337 +#: freeculture.xml:307 msgid "" "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 free " -"software movement<placeholder type=\"footnote\" id=\"0\"/>), 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 " -"<emphasis>as free as possible</emphasis> 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." +"that follow, we come from a tradition of <quote>free " +"culture</quote>—not <quote>free</quote> as in <quote>free beer</quote> " +"(to borrow a phrase from the founder of the free software " +"movement<placeholder type=\"footnote\" id=\"0\"/>), but <quote>free</quote> " +"as in <quote>free speech,</quote> <quote>free markets,</quote> <quote>free " +"trade,</quote> <quote>free enterprise,</quote> <quote>free will,</quote> and " +"<quote>free elections.</quote> 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 <emphasis>as free as " +"possible</emphasis> 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 <quote>permission " +"culture</quote>—a culture in which creators get to create only with " +"the permission of the powerful, or of creators from the past." msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:357 +#: freeculture.xml:327 msgid "" -"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." +"If we understood this change, I believe we would resist it. Not " +"<quote>we</quote> on the Left or <quote>you</quote> 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." msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:365 freeculture.xml:12745 +#: freeculture.xml:335 freeculture.xml:989 +msgid "power, concentration of" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:336 freeculture.xml:13825 msgid "CodePink Women in Peace" msgstr "" -#. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:376 freeculture.xml:386 freeculture.xml:12758 +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:337 freeculture.xml:358 freeculture.xml:13826 msgid "Safire, William" msgstr "" +#. type: Content of: <book><preface><indexterm><primary> +#: freeculture.xml:338 +msgid "Stevens, Ted" +msgstr "" + #. type: Content of: <book><preface><para> -#: freeculture.xml:367 +#: freeculture.xml:340 msgid "" "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, <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"marching <quote>uncomfortably alongside CodePink Women for Peace and the " +"National Rifle Association, between liberal Olympia Snowe and conservative " +"Ted Stevens,</quote> he formulated perhaps most simply just what was at " +"stake: the concentration of power. And as he asked," msgstr "" #. type: Content of: <book><preface><blockquote><para><footnote><para> -#: freeculture.xml:384 +#: freeculture.xml:356 msgid "" -"William Safire, \"The Great Media Gulp,\" <citetitle>New York " +"William Safire, <quote>The Great Media Gulp,</quote> <citetitle>New York " "Times</citetitle>, 22 May 2003. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><preface><blockquote><para> -#: freeculture.xml:380 +#: freeculture.xml:352 msgid "" "Does that sound unconservative? Not to me. The concentration of " "power—political, corporate, media, cultural—should be anathema " @@ -454,7 +389,7 @@ msgid "" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:391 +#: freeculture.xml:363 msgid "" "This idea is an element of the argument of <citetitle>Free " "Culture</citetitle>, though my focus is not just on the concentration of " @@ -463,18 +398,24 @@ msgid "" "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, " +"Safire's left or on his right." +msgstr "" + +#. type: Content of: <book><preface><para> +#: freeculture.xml:374 +msgid "" +"<emphasis role=\"strong\">The inspiration</emphasis> 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 <citetitle>Free Software, Free Society</citetitle>, " "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." +"<quote>merely</quote> derivative." msgstr "" -#. PAGE BREAK 14 +#. PAGE BREAK 14 #. type: Content of: <book><preface><para> -#: freeculture.xml:407 +#: freeculture.xml:383 msgid "" "I accept that criticism, if indeed it is a criticism. The work of a lawyer " "is always derivative, and I mean to do nothing more in this book than to " @@ -492,7 +433,7 @@ msgid "" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:425 +#: freeculture.xml:401 msgid "" "Instead, the free culture that I defend in this book is a balance between " "anarchy and control. A free culture, like a free market, is filled with " @@ -504,43 +445,68 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:440 -msgid "INTRODUCTION" +#: freeculture.xml:416 +msgid "Introduction" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:417 freeculture.xml:520 freeculture.xml:978 +msgid "Wright brothers" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:442 +#: freeculture.xml:419 msgid "" -"On December 17, 1903, on a windy North Carolina beach for just shy of one " -"hundred seconds, the Wright brothers demonstrated that a heavier-than-air, " -"self-propelled vehicle could fly. The moment was electric and its importance " -"widely understood. Almost immediately, there was an explosion of interest in " -"this newfound technology of manned flight, and a gaggle of innovators began " -"to build upon it." +"<emphasis role=\"strong\">On December 17</emphasis>, 1903, on a windy North " +"Carolina beach for just shy of one hundred seconds, the Wright brothers " +"demonstrated that a heavier-than-air, self-propelled vehicle could fly. The " +"moment was electric and its importance widely understood. Almost " +"immediately, there was an explosion of interest in this newfound technology " +"of manned flight, and a gaggle of innovators began to build upon it." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:426 +msgid "air traffic, land ownership vs." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:427 freeculture.xml:14849 +msgid "land ownership, air traffic and" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:428 freeculture.xml:4652 freeculture.xml:13728 freeculture.xml:14850 +msgid "property rights" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:428 freeculture.xml:14850 +msgid "air traffic vs." msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:454 +#: freeculture.xml:434 msgid "" "St. George Tucker, <citetitle>Blackstone's Commentaries</citetitle> 3 (South " "Hackensack, N.J.: Rothman Reprints, 1969), 18." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:450 +#: freeculture.xml:430 msgid "" "At the time the Wright brothers invented the airplane, American law held " "that a property owner presumptively owned not just the surface of his land, " "but all the land below, down to the center of the earth, and all the space " -"above, to \"an indefinite extent, upwards.\"<placeholder type=\"footnote\" " -"id=\"0\"/> For many years, scholars had puzzled about how best to interpret " -"the idea that rights in land ran to the heavens. Did that mean that you " -"owned the stars? Could you prosecute geese for their willful and regular " -"trespass?" +"above, to <quote>an indefinite extent, upwards.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> For many years, scholars had puzzled about how " +"best to interpret the idea that rights in land ran to the heavens. Did that " +"mean that you owned the stars? Could you prosecute geese for their willful " +"and regular trespass?" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:463 +#: freeculture.xml:444 msgid "" "Then came airplanes, and for the first time, this principle of American " "law—deep within the foundations of our tradition, and acknowledged by " @@ -552,17 +518,17 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:471 freeculture.xml:484 freeculture.xml:515 freeculture.xml:534 freeculture.xml:935 freeculture.xml:952 freeculture.xml:998 freeculture.xml:8773 freeculture.xml:12145 freeculture.xml:12849 +#: freeculture.xml:452 freeculture.xml:465 freeculture.xml:498 freeculture.xml:518 freeculture.xml:704 freeculture.xml:831 freeculture.xml:958 freeculture.xml:976 freeculture.xml:1024 freeculture.xml:9577 freeculture.xml:13144 freeculture.xml:13929 msgid "Causby, Thomas Lee" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:472 freeculture.xml:485 freeculture.xml:516 freeculture.xml:535 freeculture.xml:936 freeculture.xml:953 freeculture.xml:999 freeculture.xml:8774 freeculture.xml:12146 freeculture.xml:12850 +#: freeculture.xml:453 freeculture.xml:466 freeculture.xml:499 freeculture.xml:519 freeculture.xml:705 freeculture.xml:832 freeculture.xml:959 freeculture.xml:977 freeculture.xml:1025 freeculture.xml:9578 freeculture.xml:13145 freeculture.xml:13930 msgid "Causby, Tinie" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:474 +#: freeculture.xml:455 msgid "" "In 1945, these questions became a federal case. When North Carolina farmers " "Thomas Lee and Tinie Causby started losing chickens because of low-flying " @@ -570,40 +536,55 @@ msgid "" "walls and died), the Causbys filed a lawsuit saying that the government was " "trespassing on their land. The airplanes, of course, never touched the " "surface of the Causbys' land. But if, as Blackstone, Kent, and Coke had " -"said, their land reached to \"an indefinite extent, upwards,\" then the " -"government was trespassing on their property, and the Causbys wanted it to " -"stop." +"said, their land reached to <quote>an indefinite extent, upwards,</quote> " +"then the government was trespassing on their property, and the Causbys " +"wanted it to stop." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:467 +msgid "Douglas, William O." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:468 freeculture.xml:4541 freeculture.xml:5143 freeculture.xml:8890 freeculture.xml:14237 +msgid "Supreme Court, U.S." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:468 +msgid "on airspace vs. land rights" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:487 +#: freeculture.xml:470 msgid "" "The Supreme Court agreed to hear the Causbys' case. Congress had declared " "the airways public, but if one's property really extended to the heavens, " "then Congress's declaration could well have been an unconstitutional " -"\"taking\" of property without compensation. The Court acknowledged that " -"\"it is ancient doctrine that common law ownership of the land extended to " -"the periphery of the universe.\" But Justice Douglas had no patience for " -"ancient doctrine. In a single paragraph, hundreds of years of property law " -"were erased. As he wrote for the Court," +"<quote>taking</quote> of property without compensation. The Court " +"acknowledged that <quote>it is ancient doctrine that common law ownership of " +"the land extended to the periphery of the universe.</quote> But Justice " +"Douglas had no patience for ancient doctrine. In a single paragraph, " +"hundreds of years of property law were erased. As he wrote for the Court," msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:507 +#: freeculture.xml:490 msgid "" "United States v. Causby, U.S. 328 (1946): 256, 261. The Court did find that " -"there could be a \"taking\" if the government's use of its land effectively " -"destroyed the value of the Causbys' land. This example was suggested to me " -"by Keith Aoki's wonderful piece, \"(Intellectual) Property and Sovereignty: " -"Notes Toward a Cultural Geography of Authorship,\" <citetitle>Stanford Law " -"Review</citetitle> 48 (1996): 1293, 1333. See also Paul Goldstein, " -"<citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press, " -"1984), 1112–13. <placeholder type=\"indexterm\" id=\"0\"/> " -"<placeholder type=\"indexterm\" id=\"1\"/>" +"there could be a <quote>taking</quote> if the government's use of its land " +"effectively destroyed the value of the Causbys' land. This example was " +"suggested to me by Keith Aoki's wonderful piece, <quote>(Intellectual) " +"Property and Sovereignty: Notes Toward a Cultural Geography of " +"Authorship,</quote> <citetitle>Stanford Law Review</citetitle> 48 (1996): " +"1293, 1333. See also Paul Goldstein, <citetitle>Real Property</citetitle> " +"(Mineola, N.Y.: Foundation Press, 1984), 1112–13. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:498 +#: freeculture.xml:481 msgid "" "[The] doctrine has no place in the modern world. The air is a public " "highway, as Congress has declared. Were that not true, every " @@ -616,26 +597,26 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:521 -msgid "\"Common sense revolts at the idea.\"" +#: freeculture.xml:504 +msgid "<quote>Common sense revolts at the idea.</quote>" msgstr "" -#. PAGE BREAK 18 +#. PAGE BREAK 18 #. type: Content of: <book><chapter><para> -#: freeculture.xml:524 +#: freeculture.xml:508 msgid "" "This is how the law usually works. Not often this abruptly or impatiently, " "but eventually, this is how it works. It was Douglas's style not to " "dither. Other justices would have blathered on for pages to reach the " -"conclusion that Douglas holds in a single line: \"Common sense revolts at " -"the idea.\" But whether it takes pages or a few words, it is the special " -"genius of a common law system, as ours is, that the law adjusts to the " -"technologies of the time. And as it adjusts, it changes. Ideas that were as " -"solid as rock in one age crumble in another." +"conclusion that Douglas holds in a single line: <quote>Common sense revolts " +"at the idea.</quote> But whether it takes pages or a few words, it is the " +"special genius of a common law system, as ours is, that the law adjusts to " +"the technologies of the time. And as it adjusts, it changes. Ideas that were " +"as solid as rock in one age crumble in another." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:537 +#: freeculture.xml:522 msgid "" "Or at least, this is how things happen when there's no one powerful on the " "other side of the change. The Causbys were just farmers. And though there " @@ -645,48 +626,64 @@ msgid "" "the technology, that the Wright brothers had birthed. The Wright brothers " "spat airplanes into the technological meme pool; the idea then spread like a " "virus in a chicken coop; farmers like the Causbys found themselves " -"surrounded by \"what seemed reasonable\" given the technology that the " -"Wrights had produced. They could stand on their farms, dead chickens in " -"hand, and shake their fists at these newfangled technologies all they " -"wanted. They could call their representatives or even file a lawsuit. But " -"in the end, the force of what seems \"obvious\" to everyone else—the " -"power of \"common sense\"—would prevail. Their \"private interest\" " -"would not be allowed to defeat an obvious public gain." +"surrounded by <quote>what seemed reasonable</quote> given the technology " +"that the Wrights had produced. They could stand on their farms, dead " +"chickens in hand, and shake their fists at these newfangled technologies all " +"they wanted. They could call their representatives or even file a " +"lawsuit. But in the end, the force of what seems <quote>obvious</quote> to " +"everyone else—the power of <quote>common sense</quote>—would " +"prevail. Their <quote>private interest</quote> would not be allowed to " +"defeat an obvious public gain." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:543 freeculture.xml:9585 freeculture.xml:10280 +msgid "Armstrong, Edwin Howard" msgstr "" -#. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:566 +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:544 msgid "Bell, Alexander Graham" msgstr "" -#. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:567 +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:545 msgid "Edison, Thomas" msgstr "" -#. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:568 +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:546 msgid "Faraday, Michael" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:547 freeculture.xml:4282 freeculture.xml:6824 freeculture.xml:10187 +msgid "radio" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:547 freeculture.xml:6824 +msgid "FM spectrum of" +msgstr "" + +#. PAGE BREAK 19 #. type: Content of: <book><chapter><para> -#: freeculture.xml:555 -msgid "" -"Edwin Howard Armstrong is one of America's forgotten inventor geniuses. He " -"came to the great American inventor scene just after the titans Thomas " -"Edison and Alexander Graham Bell. But his work in the area of radio " -"technology was perhaps the most important of any single inventor in the " -"first fifty years of radio. He was better educated than Michael Faraday, who " -"as a bookbinder's apprentice had discovered electric induction in 1831. But " -"he had the same intuition about how the world of radio worked, and on at " -"least three occasions, Armstrong invented profoundly important technologies " -"that advanced our understanding of radio. <placeholder type=\"indexterm\" " -"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder " -"type=\"indexterm\" id=\"2\"/>" +#: freeculture.xml:549 +msgid "" +"<emphasis role='strong'>Edwin Howard Armstrong</emphasis> is one of " +"America's forgotten inventor geniuses. He came to the great American " +"inventor scene just after the titans Thomas Edison and Alexander Graham " +"Bell. But his work in the area of radio technology was perhaps the most " +"important of any single inventor in the first fifty years of radio. He was " +"better educated than Michael Faraday, who as a bookbinder's apprentice had " +"discovered electric induction in 1831. But he had the same intuition about " +"how the world of radio worked, and on at least three occasions, Armstrong " +"invented profoundly important technologies that advanced our understanding " +"of radio." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:571 +#: freeculture.xml:562 msgid "" "On the day after Christmas, 1933, four patents were issued to Armstrong for " "his most significant invention—FM radio. Until then, consumer radio " @@ -698,7 +695,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:581 +#: freeculture.xml:572 msgid "" "On November 5, 1935, he demonstrated the technology at a meeting of the " "Institute of Radio Engineers at the Empire State Building in New York " @@ -706,37 +703,52 @@ msgid "" "locked on a broadcast that he had arranged from seventeen miles away. The " "radio fell totally silent, as if dead, and then with a clarity no one else " "in that room had ever heard from an electrical device, it produced the sound " -"of an announcer's voice: \"This is amateur station W2AG at Yonkers, New " -"York, operating on frequency modulation at two and a half meters.\"" +"of an announcer's voice: <quote>This is amateur station W2AG at Yonkers, New " +"York, operating on frequency modulation at two and a half meters.</quote>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:592 +#: freeculture.xml:583 msgid "The audience was hearing something no one had thought possible:" msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:603 +#: freeculture.xml:594 msgid "" "Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard " "Armstrong</citetitle> (Philadelphia: J. B. Lipincott Company, 1956), 209." msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:596 +#: freeculture.xml:587 msgid "" "A glass of water was poured before the microphone in Yonkers; it sounded " -"like a glass of water being poured. . . . A paper was crumpled and torn; it " -"sounded like paper and not like a crackling forest fire. . . . Sousa marches " -"were played from records and a piano solo and guitar number were " -"performed. . . . The music was projected with a live-ness rarely if ever " -"heard before from a radio \"music box.\"<placeholder type=\"footnote\" " -"id=\"0\"/>" +"like a glass of water being poured. … A paper was crumpled and torn; " +"it sounded like paper and not like a crackling forest fire. … Sousa " +"marches were played from records and a piano solo and guitar number were " +"performed. … The music was projected with a live-ness rarely if ever " +"heard before from a radio <quote>music box.</quote><placeholder " +"type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:599 freeculture.xml:6827 +msgid "RCA" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:600 freeculture.xml:2475 freeculture.xml:2493 freeculture.xml:2527 freeculture.xml:2529 +msgid "media" msgstr "" -#. PAGE BREAK 20 +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:600 freeculture.xml:2529 +msgid "ownership concentration in" +msgstr "" + +#. PAGE BREAK 20 #. type: Content of: <book><chapter><para> -#: freeculture.xml:609 +#: freeculture.xml:602 msgid "" "As our own common sense tells us, Armstrong had discovered a vastly superior " "radio technology. But at the time of his invention, Armstrong was working " @@ -746,31 +758,31 @@ msgid "" "networks." msgstr "" -#. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:623 freeculture.xml:643 +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:610 freeculture.xml:632 msgid "Sarnoff, David" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:618 +#: freeculture.xml:612 msgid "" "RCA's president, David Sarnoff, a friend of Armstrong's, was eager that " "Armstrong discover a way to remove static from AM radio. So Sarnoff was " "quite excited when Armstrong told him he had a device that removed static " -"from \"radio.\" But when Armstrong demonstrated his invention, Sarnoff was " -"not pleased. <placeholder type=\"indexterm\" id=\"0\"/>" +"from <quote>radio.</quote> But when Armstrong demonstrated his invention, " +"Sarnoff was not pleased." msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:630 +#: freeculture.xml:623 msgid "" -"See \"Saints: The Heroes and Geniuses of the Electronic Era,\" First " -"Electronic Church of America, at www.webstationone.com/fecha, available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #1</ulink>." +"See <quote>Saints: The Heroes and Geniuses of the Electronic Era,</quote> " +"First Electronic Church of America, at www.webstationone.com/fecha, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #1</ulink>." msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:627 +#: freeculture.xml:620 msgid "" "I thought Armstrong would invent some kind of a filter to remove static from " "our AM radio. I didn't think he'd start a revolution— start up a whole " @@ -778,33 +790,52 @@ msgid "" "id=\"0\"/>" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:631 freeculture.xml:6823 +msgid "FM radio" +msgstr "" + #. type: Content of: <book><chapter><para> -#: freeculture.xml:639 +#: freeculture.xml:634 msgid "" "Armstrong's invention threatened RCA's AM empire, so the company launched a " "campaign to smother FM radio. While FM may have been a superior technology, " -"Sarnoff was a superior tactician. As one author described, <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"Sarnoff was a superior tactician. As one author described," +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:639 +msgid "Lessing, Lawrence" msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:652 +#: freeculture.xml:647 msgid "Lessing, 226." msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:647 +#: freeculture.xml:642 msgid "" "The forces for FM, largely engineering, could not overcome the weight of " "strategy devised by the sales, patent, and legal offices to subdue this " "threat to corporate position. For FM, if allowed to develop unrestrained, " -"posed . . . a complete reordering of radio power . . . and the eventual " -"overthrow of the carefully restricted AM system on which RCA had grown to " -"power.<placeholder type=\"footnote\" id=\"0\"/>" +"posed … a complete reordering of radio power … and the " +"eventual overthrow of the carefully restricted AM system on which RCA had " +"grown to power.<placeholder type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:651 +msgid "FCC" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:651 +msgid "on FM radio" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:657 +#: freeculture.xml:653 msgid "" "RCA at first kept the technology in house, insisting that further tests were " "needed. When, after two years of testing, Armstrong grew impatient, RCA " @@ -820,12 +851,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:676 +#: freeculture.xml:672 msgid "Lessing, 256." msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:672 +#: freeculture.xml:668 msgid "" "The series of body blows that FM radio received right after the war, in a " "series of rulings manipulated through the FCC by the big radio interests, " @@ -834,12 +865,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:680 +#: freeculture.xml:677 msgid "AT&T" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:682 +#: freeculture.xml:679 msgid "" "To make room in the spectrum for RCA's latest gamble, television, FM radio " "users were to be moved to a totally new spectrum band. The power of FM radio " @@ -851,7 +882,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:692 +#: freeculture.xml:691 msgid "" "Armstrong resisted RCA's efforts. In response, RCA resisted Armstrong's " "patents. After incorporating FM technology into the emerging standard for " @@ -864,9 +895,9 @@ msgid "" "to his wife and then stepped out of a thirteenth-story window to his death." msgstr "" -#. PAGE BREAK 22 +#. PAGE BREAK 22 #. type: Content of: <book><chapter><para> -#: freeculture.xml:704 +#: freeculture.xml:707 msgid "" "This is how the law sometimes works. Not often this tragically, and rarely " "with heroic drama, but sometimes, this is how it works. From the beginning, " @@ -881,28 +912,39 @@ msgid "" "did not: the power to stifle the effect of technological change." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:724 freeculture.xml:1097 freeculture.xml:2346 freeculture.xml:2358 freeculture.xml:2442 freeculture.xml:2476 freeculture.xml:2502 freeculture.xml:2752 freeculture.xml:4158 freeculture.xml:6707 freeculture.xml:7564 freeculture.xml:7632 freeculture.xml:10186 freeculture.xml:13460 freeculture.xml:14020 freeculture.xml:14021 freeculture.xml:14095 +msgid "Internet" +msgstr "" + +#. type: Content of: <book><chapter><section><indexterm><secondary> +#: freeculture.xml:724 freeculture.xml:4692 freeculture.xml:13460 freeculture.xml:14020 +msgid "development of" +msgstr "" + #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:726 +#: freeculture.xml:732 msgid "" -"Amanda Lenhart, \"The Ever-Shifting Internet Population: A New Look at " -"Internet Access and the Digital Divide,\" Pew Internet and American Life " -"Project, 15 April 2003: 6, available at <ulink " +"Amanda Lenhart, <quote>The Ever-Shifting Internet Population: A New Look at " +"Internet Access and the Digital Divide,</quote> Pew Internet and American " +"Life Project, 15 April 2003: 6, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #2</ulink>." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:720 +#: freeculture.xml:726 msgid "" -"There's no single inventor of the Internet. Nor is there any good date upon " -"which to mark its birth. Yet in a very short time, the Internet has become " -"part of ordinary American life. According to the Pew Internet and American " -"Life Project, 58 percent of Americans had access to the Internet in 2002, up " -"from 49 percent two years before.<placeholder type=\"footnote\" id=\"0\"/> " -"That number could well exceed two thirds of the nation by the end of 2004." +"<emphasis role=\"strong\">There's no</emphasis> single inventor of the " +"Internet. Nor is there any good date upon which to mark its birth. Yet in a " +"very short time, the Internet has become part of ordinary American " +"life. According to the Pew Internet and American Life Project, 58 percent of " +"Americans had access to the Internet in 2002, up from 49 percent two years " +"before.<placeholder type=\"footnote\" id=\"0\"/> That number could well " +"exceed two thirds of the nation by the end of 2004." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:735 +#: freeculture.xml:741 msgid "" "As the Internet has been integrated into ordinary life, it has changed " "things. Some of these changes are technical—the Internet has made " @@ -916,7 +958,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:746 +#: freeculture.xml:752 msgid "" "Instead, this book is about an effect of the Internet beyond the Internet " "itself: an effect upon how culture is made. My claim is that the Internet " @@ -926,41 +968,72 @@ msgid "" "don't even see the change that the Internet has introduced." msgstr "" +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:761 +msgid "Barlow, Joel" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:762 +msgid "culture" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:762 +msgid "commercial vs. noncommercial" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:763 +msgid "Webster, Noah" +msgstr "" + #. PAGE BREAK 23 #. type: Content of: <book><chapter><para> -#: freeculture.xml:755 +#: freeculture.xml:765 msgid "" "We can glimpse a sense of this change by distinguishing between commercial " "and noncommercial culture, and by mapping the law's regulation of each. By " -"\"commercial culture\" I mean that part of our culture that is produced and " -"sold or produced to be sold. By \"noncommercial culture\" I mean all the " -"rest. When old men sat around parks or on street corners telling stories " -"that kids and others consumed, that was noncommercial culture. When Noah " -"Webster published his \"Reader,\" or Joel Barlow his poetry, that was " -"commercial culture." +"<quote>commercial culture</quote> I mean that part of our culture that is " +"produced and sold or produced to be sold. By <quote>noncommercial " +"culture</quote> I mean all the rest. When old men sat around parks or on " +"street corners telling stories that kids and others consumed, that was " +"noncommercial culture. When Noah Webster published his " +"<quote>Reader,</quote> or Joel Barlow his poetry, that was commercial " +"culture." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:767 +#: freeculture.xml:777 msgid "" "At the beginning of our history, and for just about the whole of our " "tradition, noncommercial culture was essentially unregulated. Of course, if " "your stories were lewd, or if your song disturbed the peace, then the law " "might intervene. But the law was never directly concerned with the creation " -"or spread of this form of culture, and it left this culture \"free.\" The " -"ordinary ways in which ordinary individuals shared and transformed their " -"culture—telling stories, reenacting scenes from plays or TV, " -"participating in fan clubs, sharing music, making tapes—were left " -"alone by the law." +"or spread of this form of culture, and it left this culture " +"<quote>free.</quote> The ordinary ways in which ordinary individuals shared " +"and transformed their culture—telling stories, reenacting scenes from " +"plays or TV, participating in fan clubs, sharing music, making " +"tapes—were left alone by the law." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:787 freeculture.xml:2848 freeculture.xml:2849 freeculture.xml:2876 freeculture.xml:2877 freeculture.xml:2878 freeculture.xml:7795 freeculture.xml:9644 freeculture.xml:9645 freeculture.xml:9920 freeculture.xml:9921 freeculture.xml:9922 freeculture.xml:9965 +msgid "copyright infringement lawsuits" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:787 +msgid "commercial creativity as primary purpose of" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:792 freeculture.xml:1807 freeculture.xml:1818 +#: freeculture.xml:803 freeculture.xml:1939 freeculture.xml:1952 msgid "Brandeis, Louis D." msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:784 +#: freeculture.xml:795 msgid "" "This is not the only purpose of copyright, though it is the overwhelmingly " "primary purpose of the copyright established in the federal constitution. " @@ -968,12 +1041,12 @@ msgid "" "in publication, but also a privacy interest. By granting authors the " "exclusive right to first publication, state copyright law gave authors the " "power to control the spread of facts about them. See Samuel D. Warren and " -"Louis D. Brandeis, \"The Right to Privacy,\" Harvard Law Review 4 (1890): " -"193, 198–200. <placeholder type=\"indexterm\" id=\"0\"/>" +"Louis D. Brandeis, <quote>The Right to Privacy,</quote> Harvard Law Review 4 " +"(1890): 193, 198–200. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:778 +#: freeculture.xml:789 msgid "" "The focus of the law was on commercial creativity. At first slightly, then " "quite extensively, the law protected the incentives of creators by granting " @@ -985,20 +1058,40 @@ msgid "" "a controlled part, balanced with the free." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:810 freeculture.xml:1698 freeculture.xml:5250 freeculture.xml:6478 freeculture.xml:14060 +msgid "free culture" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:810 +msgid "permission culture vs." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:811 +msgid "permission culture" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:811 +msgid "free culture vs." +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:804 freeculture.xml:9315 +#: freeculture.xml:817 freeculture.xml:10170 msgid "Litman, Jessica" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:802 +#: freeculture.xml:815 msgid "" "See Jessica Litman, <citetitle>Digital Copyright</citetitle> (New York: " "Prometheus Books, 2001), ch. 13. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:800 +#: freeculture.xml:813 msgid "" "This rough divide between the free and the controlled has now been " "erased.<placeholder type=\"footnote\" id=\"0\"/> The Internet has set the " @@ -1013,8 +1106,13 @@ msgid "" "more and more a permission culture." msgstr "" +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:833 +msgid "protection of artists vs. business interests" +msgstr "" + #. type: Content of: <book><chapter><para> -#: freeculture.xml:819 +#: freeculture.xml:835 msgid "" "This change gets justified as necessary to protect commercial creativity. " "And indeed, protectionism is precisely its motivation. But the protectionism " @@ -1028,7 +1126,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:832 +#: freeculture.xml:849 msgid "" "For the Internet has unleashed an extraordinary possibility for many to " "participate in the process of building and cultivating a culture that " @@ -1049,7 +1147,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:851 +#: freeculture.xml:868 msgid "" "Yet, as I argue in the pages that follow, that is precisely what is " "happening in our culture today. These modern-day equivalents of the early " @@ -1059,63 +1157,100 @@ msgid "" "to remake the Internet before the Internet remakes them." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:877 freeculture.xml:7519 +msgid "Valenti, Jack" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:877 freeculture.xml:7519 +msgid "on creative property rights" +msgstr "" + #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:868 +#: freeculture.xml:887 msgid "" -"Amy Harmon, \"Black Hawk Download: Moving Beyond Music, Pirates Use New " -"Tools to Turn the Net into an Illicit Video Club,\" <citetitle>New York " -"Times</citetitle>, 17 January 2002." +"Amy Harmon, <quote>Black Hawk Download: Moving Beyond Music, Pirates Use New " +"Tools to Turn the Net into an Illicit Video Club,</quote> <citetitle>New " +"York Times</citetitle>, 17 January 2002." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:860 +#: freeculture.xml:879 msgid "" "It doesn't seem this way to many. The battles over copyright and the " "Internet seem remote to most. To the few who follow them, they seem mainly " -"about a much simpler brace of questions—whether \"piracy\" will be " -"permitted, and whether \"property\" will be protected. The \"war\" that has " -"been waged against the technologies of the Internet—what Motion " -"Picture Association of America (MPAA) president Jack Valenti calls his \"own " -"terrorist war\"<placeholder type=\"footnote\" id=\"0\"/>—has been " -"framed as a battle about the rule of law and respect for property. To know " -"which side to take in this war, most think that we need only decide whether " -"we're for property or against it." +"about a much simpler brace of questions—whether <quote>piracy</quote> " +"will be permitted, and whether <quote>property</quote> will be " +"protected. The <quote>war</quote> that has been waged against the " +"technologies of the Internet—what Motion Picture Association of " +"America (MPAA) president Jack Valenti calls his <quote>own terrorist " +"war</quote><placeholder type=\"footnote\" id=\"0\"/>—has been framed " +"as a battle about the rule of law and respect for property. To know which " +"side to take in this war, most think that we need only decide whether we're " +"for property or against it." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:877 +#: freeculture.xml:896 msgid "" "If those really were the choices, then I would be with Jack Valenti and the " "content industry. I, too, am a believer in property, and especially in the " -"importance of what Mr. Valenti nicely calls \"creative property.\" I believe " -"that \"piracy\" is wrong, and that the law, properly tuned, should punish " -"\"piracy,\" whether on or off the Internet." +"importance of what Mr. Valenti nicely calls <quote>creative " +"property.</quote> I believe that <quote>piracy</quote> is wrong, and that " +"the law, properly tuned, should punish <quote>piracy,</quote> whether on or " +"off the Internet." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:885 +#: freeculture.xml:904 msgid "" "But those simple beliefs mask a much more fundamental question and a much " "more dramatic change. My fear is that unless we come to see this change, the " -"war to rid the world of Internet \"pirates\" will also rid our culture of " -"values that have been integral to our tradition from the start." +"war to rid the world of Internet <quote>pirates</quote> will also rid our " +"culture of values that have been integral to our tradition from the start." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:909 freeculture.xml:6859 freeculture.xml:6972 freeculture.xml:6973 freeculture.xml:6974 freeculture.xml:7019 freeculture.xml:7607 freeculture.xml:8888 freeculture.xml:11173 freeculture.xml:11464 freeculture.xml:12110 +msgid "Constitution, U.S." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:909 freeculture.xml:6859 freeculture.xml:7607 freeculture.xml:8888 +msgid "First Amendment to" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:910 freeculture.xml:1075 freeculture.xml:1182 freeculture.xml:1207 freeculture.xml:1551 freeculture.xml:1595 freeculture.xml:1709 freeculture.xml:3109 freeculture.xml:3200 freeculture.xml:4280 freeculture.xml:4281 freeculture.xml:4692 freeculture.xml:4693 freeculture.xml:5294 freeculture.xml:6480 freeculture.xml:6926 freeculture.xml:7006 freeculture.xml:7007 freeculture.xml:7191 freeculture.xml:7290 freeculture.xml:7322 freeculture.xml:7352 freeculture.xml:7387 freeculture.xml:7501 freeculture.xml:7502 freeculture.xml:7563 freeculture.xml:7601 freeculture.xml:7701 freeculture.xml:7715 freeculture.xml:7774 freeculture.xml:7775 freeculture.xml:7873 freeculture.xml:9806 freeculture.xml:10159 freeculture.xml:11113 freeculture.xml:11158 +msgid "copyright law" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:910 freeculture.xml:7006 +msgid "as protection of creators" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:911 freeculture.xml:6860 freeculture.xml:7608 freeculture.xml:8889 +msgid "First Amendment" msgstr "" #. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:899 freeculture.xml:14112 +#: freeculture.xml:912 freeculture.xml:922 freeculture.xml:15248 msgid "Netanel, Neil Weinstock" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:897 +#: freeculture.xml:920 msgid "" -"Neil W. Netanel, \"Copyright and a Democratic Civil Society,\" " +"Neil W. Netanel, <quote>Copyright and a Democratic Civil Society,</quote> " "<citetitle>Yale Law Journal</citetitle> 106 (1996): 283. <placeholder " "type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:891 +#: freeculture.xml:914 msgid "" "These values built a tradition that, for at least the first 180 years of our " "Republic, guaranteed creators the right to build freely upon their past, and " @@ -1129,7 +1264,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:907 +#: freeculture.xml:930 msgid "" "Yet the law's response to the Internet, when tied to changes in the " "technology of the Internet itself, has massively increased the effective " @@ -1142,17 +1277,17 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:919 +#: freeculture.xml:942 msgid "" -"The story that follows is about this war. Is it 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 otherwise. It is not a " -"morality tale. Nor is it a call to jihad against an industry." +"The story that follows is about this war. It is not about the " +"<quote>centrality of technology</quote> 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 otherwise. It is " +"not a morality tale. Nor is it a call to jihad against an industry." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:927 +#: freeculture.xml:950 msgid "" "It is instead an effort to understand a hopelessly destructive war inspired " "by the technologies of the Internet but reaching far beyond its code. And by " @@ -1163,26 +1298,32 @@ msgid "" "war. We must resolve it soon." msgstr "" +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:960 freeculture.xml:13376 freeculture.xml:13459 freeculture.xml:13629 +msgid "intellectual property rights" +msgstr "" + #. type: Content of: <book><chapter><para> -#: freeculture.xml:938 -msgid "" -"Like the Causbys' battle, this war is, in part, about \"property.\" The " -"property of this war is not as tangible as the Causbys', and no innocent " -"chicken has yet to lose its life. Yet the ideas surrounding this " -"\"property\" are as obvious to most as the Causbys' claim about the " -"sacredness of their farm was to them. We are the Causbys. Most of us take " -"for granted the extraordinarily powerful claims that the owners of " -"\"intellectual property\" now assert. Most of us, like the Causbys, treat " -"these claims as obvious. And hence we, like the Causbys, object when a new " -"technology interferes with this property. It is as plain to us as it was to " -"them that the new technologies of the Internet are \"trespassing\" upon " -"legitimate claims of \"property.\" It is as plain to us as it was to them " +#: freeculture.xml:962 +msgid "" +"<emphasis role=\"strong\">Like the Causbys'</emphasis> battle, this war is, " +"in part, about <quote>property.</quote> The property of this war is not as " +"tangible as the Causbys', and no innocent chicken has yet to lose its " +"life. Yet the ideas surrounding this <quote>property</quote> are as obvious " +"to most as the Causbys' claim about the sacredness of their farm was to " +"them. We are the Causbys. Most of us take for granted the extraordinarily " +"powerful claims that the owners of <quote>intellectual property</quote> now " +"assert. Most of us, like the Causbys, treat these claims as obvious. And " +"hence we, like the Causbys, object when a new technology interferes with " +"this property. It is as plain to us as it was to them that the new " +"technologies of the Internet are <quote>trespassing</quote> upon legitimate " +"claims of <quote>property.</quote> It is as plain to us as it was to them " "that the law should intervene to stop this trespass." msgstr "" -#. PAGE BREAK 27 +#. PAGE BREAK 27 #. type: Content of: <book><chapter><para> -#: freeculture.xml:955 +#: freeculture.xml:980 msgid "" "And thus, when geeks and technologists defend their Armstrong or Wright " "brothers technology, most of us are simply unsympathetic. Common sense does " @@ -1192,20 +1333,20 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:965 +#: freeculture.xml:991 msgid "" "My hope is to push this common sense along. I have become increasingly " "amazed by the power of this idea of intellectual property and, more " "importantly, its power to disable critical thought by policy makers and " "citizens. There has never been a time in our history when more of our " -"\"culture\" was as \"owned\" as it is now. And yet there has never been a " -"time when the concentration of power to control the " +"<quote>culture</quote> was as <quote>owned</quote> as it is now. And yet " +"there has never been a time when the concentration of power to control the " "<emphasis>uses</emphasis> of culture has been as unquestioningly accepted as " "it is now." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:975 +#: freeculture.xml:1001 msgid "" "The puzzle is, Why? Is it because we have come to understand a truth about " "the value and importance of absolute property over ideas and culture? Is it " @@ -1214,14 +1355,14 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:981 +#: freeculture.xml:1007 msgid "" "Or is it because the idea of absolute property over ideas and culture " "benefits the RCAs of our time and fits our own unreflective intuitions?" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:985 +#: freeculture.xml:1011 msgid "" "Is the radical shift away from our tradition of free culture an instance of " "America correcting a mistake from its past, as we did after a bloody war " @@ -1231,7 +1372,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:992 +#: freeculture.xml:1018 msgid "" "Does common sense lead to the extremes on this question because common sense " "actually believes in these extremes? Or does common sense stand silent in " @@ -1241,27 +1382,27 @@ msgstr "" #. PAGE BREAK 28 #. type: Content of: <book><chapter><para> -#: freeculture.xml:1001 +#: freeculture.xml:1027 msgid "" "I don't mean to be mysterious. My own views are resolved. I believe it was " "right for common sense to revolt against the extremism of the Causbys. I " "believe it would be right for common sense to revolt against the extreme " -"claims made today on behalf of \"intellectual property.\" What the law " -"demands today is increasingly as silly as a sheriff arresting an airplane " -"for trespass. But the consequences of this silliness will be much more " -"profound." +"claims made today on behalf of <quote>intellectual property.</quote> What " +"the law demands today is increasingly as silly as a sheriff arresting an " +"airplane for trespass. But the consequences of this silliness will be much " +"more profound." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:1011 +#: freeculture.xml:1038 msgid "" -"The struggle that rages just now centers on two ideas: \"piracy\" and " -"\"property.\" My aim in this book's next two parts is to explore these two " -"ideas." +"<emphasis role=\"strong\">The struggle</emphasis> that rages just now " +"centers on two ideas: <quote>piracy</quote> and <quote>property.</quote> My " +"aim in this book's next two parts is to explore these two ideas." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:1016 +#: freeculture.xml:1043 msgid "" "My method is not the usual method of an academic. I don't want to plunge you " "into a complex argument, buttressed with references to obscure French " @@ -1272,20 +1413,21 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:1024 +#: freeculture.xml:1051 msgid "" "The two sections set up the core claim of this book: that while the Internet " "has indeed produced something fantastic and new, our government, pushed by " -"big media to respond to this \"something new,\" is destroying something very " -"old. Rather than understanding the changes the Internet might permit, and " -"rather than taking time to let \"common sense\" resolve how best to respond, " -"we are allowing those most threatened by the changes to use their power to " -"change the law—and more importantly, to use their power to change " -"something fundamental about who we have always been." +"big media to respond to this <quote>something new,</quote> is destroying " +"something very old. Rather than understanding the changes the Internet might " +"permit, and rather than taking time to let <quote>common sense</quote> " +"resolve how best to respond, we are allowing those most threatened by the " +"changes to use their power to change the law—and more importantly, to " +"use their power to change something fundamental about who we have always " +"been." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:1035 +#: freeculture.xml:1062 msgid "" "We allow this, I believe, not because it is right, and not because most of " "us really believe in these changes. We allow it because the interests most " @@ -1296,89 +1438,122 @@ msgid "" msgstr "" #. type: Content of: <book><part><title> -#: freeculture.xml:1045 -msgid "\"PIRACY\"" +#: freeculture.xml:1072 +msgid "<quote>Piracy</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1075 freeculture.xml:4693 +msgid "English" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:1049 freeculture.xml:4668 +#: freeculture.xml:1076 freeculture.xml:5103 msgid "Mansfield, William Murray, Lord" msgstr "" +#. type: Content of: <book><part><partintro><indexterm><primary> +#: freeculture.xml:1077 +msgid "music publishing" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1078 freeculture.xml:3197 +msgid "sheet music" +msgstr "" + #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1052 +#: freeculture.xml:1080 msgid "" -"Since the inception of the law regulating creative property, there has been " -"a war against \"piracy.\" The precise contours of this concept, \"piracy,\" " -"are hard to sketch, but the animating injustice is easy to capture. As Lord " -"Mansfield wrote in a case that extended the reach of English copyright law " -"to include sheet music," +"<emphasis role=\"strong\">Since the inception</emphasis> of the law " +"regulating creative property, there has been a war against " +"<quote>piracy.</quote> The precise contours of this concept, " +"<quote>piracy,</quote> are hard to sketch, but the animating injustice is " +"easy to capture. As Lord Mansfield wrote in a case that extended the reach " +"of English copyright law to include sheet music," msgstr "" #. f1 #. type: Content of: <book><part><partintro><blockquote><para><footnote><para> -#: freeculture.xml:1064 +#: freeculture.xml:1092 msgid "" "<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 " "Eng. Rep. 1274 (1777) (Mansfield)." msgstr "" #. type: Content of: <book><part><partintro><blockquote><para> -#: freeculture.xml:1060 +#: freeculture.xml:1088 msgid "" "A person may use the copy by playing it, but he has no right to rob the " "author of the profit, by multiplying copies and disposing of them for his " "own use.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" +#. type: Content of: <book><part><partintro><indexterm><secondary> +#: freeculture.xml:1097 +msgid "efficient content distribution on" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1098 freeculture.xml:6708 freeculture.xml:11161 +msgid "peer-to-peer (p2p) file sharing" +msgstr "" + +#. type: Content of: <book><part><partintro><indexterm><secondary> +#: freeculture.xml:1098 +msgid "efficiency of" +msgstr "" + #. PAGE BREAK 31 #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1070 +#: freeculture.xml:1100 msgid "" -"Today we are in the middle of another \"war\" against \"piracy.\" The " -"Internet has provoked this war. The Internet makes possible the efficient " -"spread of content. Peer-to-peer (p2p) file sharing is among the most " -"efficient of the efficient technologies the Internet enables. Using " -"distributed intelligence, p2p systems facilitate the easy spread of content " -"in a way unimagined a generation ago." +"Today we are in the middle of another <quote>war</quote> against " +"<quote>piracy.</quote> The Internet has provoked this war. The Internet " +"makes possible the efficient spread of content. Peer-to-peer (p2p) file " +"sharing is among the most efficient of the efficient technologies the " +"Internet enables. Using distributed intelligence, p2p systems facilitate the " +"easy spread of content in a way unimagined a generation ago." msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1079 +#: freeculture.xml:1109 msgid "" "This efficiency does not respect the traditional lines of copyright. The " "network doesn't discriminate between the sharing of copyrighted and " "uncopyrighted content. Thus has there been a vast amount of sharing of " "copyrighted content. That sharing in turn has excited the war, as copyright " -"owners fear the sharing will \"rob the author of the profit.\"" +"owners fear the sharing will <quote>rob the author of the profit.</quote>" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1087 +#: freeculture.xml:1118 msgid "" "The warriors have turned to the courts, to the legislatures, and " -"increasingly to technology to defend their \"property\" against this " -"\"piracy.\" A generation of Americans, the warriors warn, is being raised to " -"believe that \"property\" should be \"free.\" Forget tattoos, never mind " -"body piercing—our kids are becoming <emphasis>thieves</emphasis>!" +"increasingly to technology to defend their <quote>property</quote> against " +"this <quote>piracy.</quote> A generation of Americans, the warriors warn, is " +"being raised to believe that <quote>property</quote> should be " +"<quote>free.</quote> Forget tattoos, never mind body piercing—our kids " +"are becoming <emphasis>thieves</emphasis>!" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1095 +#: freeculture.xml:1126 msgid "" -"There's no doubt that \"piracy\" is wrong, and that pirates should be " -"punished. But before we summon the executioners, we should put this notion " -"of \"piracy\" in some context. For as the concept is increasingly used, at " -"its core is an extraordinary idea that is almost certainly wrong." +"There's no doubt that <quote>piracy</quote> is wrong, and that pirates " +"should be punished. But before we summon the executioners, we should put " +"this notion of <quote>piracy</quote> in some context. For as the concept is " +"increasingly used, at its core is an extraordinary idea that is almost " +"certainly wrong." msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1101 +#: freeculture.xml:1132 msgid "The idea goes something like this:" msgstr "" #. type: Content of: <book><part><partintro><blockquote><para> -#: freeculture.xml:1105 +#: freeculture.xml:1136 msgid "" "Creative work has value; whenever I use, or take, or build upon the creative " "work of others, I am taking from them something of value. Whenever I take " @@ -1388,67 +1563,103 @@ msgid "" msgstr "" #. type: Content of: <book><part><partintro><indexterm><primary> -#: freeculture.xml:1113 +#: freeculture.xml:1144 +msgid "ASCAP" +msgstr "" + +#. type: Content of: <book><part><partintro><indexterm><primary> +#: freeculture.xml:1145 msgid "Dreyfuss, Rochelle" msgstr "" +#. type: Content of: <book><part><partintro><indexterm><primary> +#: freeculture.xml:1146 +msgid "Girl Scouts" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1147 freeculture.xml:6977 freeculture.xml:7077 freeculture.xml:7520 +msgid "creative property" +msgstr "" + +#. type: Content of: <book><part><partintro><indexterm><secondary> +#: freeculture.xml:1147 +msgid "<quote>if value, then right</quote> theory of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1148 freeculture.xml:3005 +msgid "<quote>if value, then right</quote> theory" +msgstr "" + #. f2 #. type: Content of: <book><part><partintro><para><footnote><para> -#: freeculture.xml:1119 +#: freeculture.xml:1154 msgid "" -"See Rochelle Dreyfuss, \"Expressive Genericity: Trademarks as Language in " -"the Pepsi Generation,\" <citetitle>Notre Dame Law Review</citetitle> 65 " -"(1990): 397." +"See Rochelle Dreyfuss, <quote>Expressive Genericity: Trademarks as Language " +"in the Pepsi Generation,</quote> <citetitle>Notre Dame Law " +"Review</citetitle> 65 (1990): 397." msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:1132 freeculture.xml:6765 +#: freeculture.xml:1167 freeculture.xml:7456 msgid "Zittrain, Jonathan" msgstr "" #. type: Content of: <book><part><partintro><para><footnote><para> -#: freeculture.xml:1127 -msgid "" -"Lisa Bannon, \"The Birds May Sing, but Campers Can't Unless They Pay Up,\" " -"<citetitle>Wall Street Journal</citetitle>, 21 August 1996, available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #3</ulink>; Jonathan " -"Zittrain, \"Calling Off the Copyright War: In Battle of Property vs. Free " -"Speech, No One Wins,\" <citetitle>Boston Globe</citetitle>, 24 November " -"2002. <placeholder type=\"indexterm\" id=\"0\"/>" +#: freeculture.xml:1162 +msgid "" +"Lisa Bannon, <quote>The Birds May Sing, but Campers Can't Unless They Pay " +"Up,</quote> <citetitle>Wall Street Journal</citetitle>, 21 August 1996, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #3</ulink>; " +"Jonathan Zittrain, <quote>Calling Off the Copyright War: In Battle of " +"Property vs. Free Speech, No One Wins,</quote> <citetitle>Boston " +"Globe</citetitle>, 24 November 2002. <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1115 +#: freeculture.xml:1150 msgid "" "This view runs deep within the current debates. It is what NYU law professor " -"Rochelle Dreyfuss criticizes as the \"if value, then right\" theory of " -"creative property<placeholder type=\"footnote\" id=\"0\"/> —if there " -"is value, then someone must have a right to that value. It is the " -"perspective that led a composers' rights organization, ASCAP, to sue the " -"Girl Scouts for failing to pay for the songs that girls sang around Girl " +"Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> " +"theory of creative property<placeholder type=\"footnote\" id=\"0\"/> " +"—if there is value, then someone must have a right to that value. It " +"is the perspective that led a composers' rights organization, ASCAP, to sue " +"the Girl Scouts for failing to pay for the songs that girls sang around Girl " "Scout campfires.<placeholder type=\"footnote\" id=\"1\"/> There was " -"\"value\" (the songs) so there must have been a \"right\"—even against " -"the Girl Scouts." -msgstr "" - -#. type: Content of: <book><part><partintro><indexterm><primary> -#: freeculture.xml:1137 -msgid "ASCAP" +"<quote>value</quote> (the songs) so there must have been a " +"<quote>right</quote>—even against the Girl Scouts." msgstr "" #. PAGE BREAK 32 #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1139 +#: freeculture.xml:1174 msgid "" "This idea is certainly a possible understanding of how creative property " "should work. It might well be a possible design for a system of law " -"protecting creative property. But the \"if value, then right\" theory of " -"creative property has never been America's theory of creative property. It " -"has never taken hold within our law." +"protecting creative property. But the <quote>if value, then right</quote> " +"theory of creative property has never been America's theory of creative " +"property. It has never taken hold within our law." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:1182 freeculture.xml:7290 freeculture.xml:7387 freeculture.xml:7701 +msgid "on republishing vs. transformation of original work" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1183 freeculture.xml:1365 freeculture.xml:1522 +msgid "creativity" +msgstr "" + +#. type: Content of: <book><part><partintro><indexterm><secondary> +#: freeculture.xml:1183 +msgid "legal restrictions on" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1147 +#: freeculture.xml:1185 msgid "" "Instead, in our tradition, intellectual property is an instrument. It sets " "the groundwork for a richly creative society but remains subservient to the " @@ -1458,7 +1669,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1154 +#: freeculture.xml:1192 msgid "" "The source of this confusion is a distinction that the law no longer takes " "care to draw—the distinction between republishing someone's work on " @@ -1468,7 +1679,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1161 +#: freeculture.xml:1200 msgid "" "Before the technologies of the Internet, this conflation didn't matter all " "that much. The technologies of publishing were expensive; that meant the " @@ -1477,13 +1688,23 @@ msgid "" "copyright law has become. It was just one more expense of doing business." msgstr "" +#. type: Content of: <book><part><partintro><indexterm><secondary> +#: freeculture.xml:1207 +msgid "creativity impeded by" +msgstr "" + #. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary> -#: freeculture.xml:1168 freeculture.xml:1196 +#: freeculture.xml:1208 freeculture.xml:1239 msgid "Florida, Richard" msgstr "" +#. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary> +#: freeculture.xml:1209 freeculture.xml:1240 +msgid "Rise of the Creative Class, The (Florida)" +msgstr "" + #. type: Content of: <book><part><partintro><para><footnote><para> -#: freeculture.xml:1189 +#: freeculture.xml:1231 msgid "" "In <citetitle>The Rise of the Creative Class</citetitle> (New York: Basic " "Books, 2002), Richard Florida documents a shift in the nature of labor " @@ -1491,17 +1712,18 @@ msgid "" "the legal conditions under which that creativity is enabled or stifled. I " "certainly agree with him about the importance and significance of this " "change, but I also believe the conditions under which it will be enabled are " -"much more tenuous. <placeholder type=\"indexterm\" id=\"0\"/>" +"much more tenuous. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1170 +#: freeculture.xml:1211 msgid "" "But with the birth of the Internet, this natural limit to the reach of the " "law has disappeared. The law controls not just the creativity of commercial " "creators but effectively that of anyone. Although that expansion would not " -"matter much if copyright law regulated only \"copying,\" when the law " -"regulates as broadly and obscurely as it does, the extension matters a " +"matter much if copyright law regulated only <quote>copying,</quote> when the " +"law regulates as broadly and obscurely as it does, the extension matters a " "lot. The burden of this law now vastly outweighs any original " "benefit—certainly as it affects noncommercial creativity, and " "increasingly as it affects commercial creativity as well. Thus, as we'll see " @@ -1511,37 +1733,72 @@ msgid "" "extraordinary range of commercial and noncommercial creativity, the law " "burdens this creativity with insanely complex and vague rules and with the " "threat of obscenely severe penalties. We may be seeing, as Richard Florida " -"writes, the \"Rise of the Creative Class.\"<placeholder type=\"footnote\" " -"id=\"0\"/> Unfortunately, we are also seeing an extraordinary rise of " -"regulation of this creative class." +"writes, the <quote>Rise of the Creative Class.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> Unfortunately, we are also seeing an " +"extraordinary rise of regulation of this creative class." msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:1202 +#: freeculture.xml:1247 msgid "" "These burdens make no sense in our tradition. We should begin by " "understanding that tradition a bit more and by placing in their proper " -"context the current battles about behavior labeled \"piracy.\"" +"context the current battles about behavior labeled <quote>piracy.</quote>" msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:1210 -msgid "CHAPTER ONE: Creators" +#: freeculture.xml:1255 +msgid "Chapter One: Creators" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1256 +msgid "animated cartoons" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1257 +msgid "cartoon films" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1258 freeculture.xml:5298 freeculture.xml:5332 freeculture.xml:6047 freeculture.xml:6091 +msgid "films" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1258 +msgid "animated" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1259 +msgid "Steamboat Willie" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1260 freeculture.xml:7481 +msgid "Mickey Mouse" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1212 +#: freeculture.xml:1262 msgid "" -"In 1928, a cartoon character was born. An early Mickey Mouse made his debut " -"in May of that year, in a silent flop called <citetitle>Plane " -"Crazy</citetitle>. In November, in New York City's Colony Theater, in the " -"first widely distributed cartoon synchronized with sound, " -"<citetitle>Steamboat Willie</citetitle> brought to life the character that " -"would become Mickey Mouse." +"<emphasis role=\"strong\">In 1928</emphasis>, a cartoon character was " +"born. An early Mickey Mouse made his debut in May of that year, in a silent " +"flop called <citetitle>Plane Crazy</citetitle>. In November, in New York " +"City's Colony Theater, in the first widely distributed cartoon synchronized " +"with sound, <citetitle>Steamboat Willie</citetitle> brought to life the " +"character that would become Mickey Mouse." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1268 freeculture.xml:1485 freeculture.xml:1539 freeculture.xml:1680 freeculture.xml:1926 freeculture.xml:4528 freeculture.xml:6223 freeculture.xml:7480 freeculture.xml:11054 freeculture.xml:11467 +msgid "Disney, Walt" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1219 +#: freeculture.xml:1270 msgid "" "Synchronized sound had been introduced to film a year earlier in the movie " "<citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy " @@ -1553,7 +1810,7 @@ msgstr "" #. PAGE BREAK 35 #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:1228 +#: freeculture.xml:1279 msgid "" "A couple of my boys could read music, and one of them could play a mouth " "organ. We put them in a room where they could not see the screen and " @@ -1562,7 +1819,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:1235 +#: freeculture.xml:1286 msgid "" "The boys worked from a music and sound-effects score. After several false " "starts, sound and action got off with the gun. The mouth organist played the " @@ -1572,14 +1829,14 @@ msgstr "" #. f1 #. type: Content of: <book><part><chapter><blockquote><para><footnote><para> -#: freeculture.xml:1248 +#: freeculture.xml:1299 msgid "" "Leonard Maltin, <citetitle>Of Mice and Magic: A History of American Animated " "Cartoons</citetitle> (New York: Penguin Books, 1987), 34–35." msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:1242 +#: freeculture.xml:1293 msgid "" "The effect on our little audience was nothing less than electric. They " "responded almost instinctively to this union of sound and motion. I thought " @@ -1588,22 +1845,21 @@ msgid "" "new!<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:1257 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1304 msgid "Iwerks, Ub" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1254 +#: freeculture.xml:1306 msgid "" "Disney's then partner, and one of animation's most extraordinary talents, Ub " -"Iwerks, put it more strongly: \"I have never been so thrilled in my " -"life. Nothing since has ever equaled it.\" <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"Iwerks, put it more strongly: <quote>I have never been so thrilled in my " +"life. Nothing since has ever equaled it.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1260 +#: freeculture.xml:1311 msgid "" "Disney had created something very new, based upon something relatively " "new. Synchronized sound brought life to a form of creativity that had " @@ -1614,8 +1870,18 @@ msgid "" "work of others." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1320 freeculture.xml:1682 +msgid "Keaton, Buster" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1321 freeculture.xml:1552 freeculture.xml:1940 +msgid "Steamboat Bill, Jr." +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1269 +#: freeculture.xml:1323 msgid "" "This much is familiar. What you might not know is that 1928 also marks " "another important transition. In that year, a comic (as opposed to cartoon) " @@ -1624,7 +1890,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1275 +#: freeculture.xml:1329 msgid "" "Keaton was born into a vaudeville family in 1895. In the era of silent film, " "he had mastered using broad physical comedy as a way to spark uncontrollable " @@ -1634,22 +1900,43 @@ msgid "" "genre." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1336 freeculture.xml:1493 freeculture.xml:7291 freeculture.xml:7388 freeculture.xml:7566 freeculture.xml:7670 freeculture.xml:7716 +msgid "derivative works" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:1336 freeculture.xml:1493 freeculture.xml:7388 freeculture.xml:7566 +msgid "piracy vs." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:1337 freeculture.xml:1496 freeculture.xml:3004 freeculture.xml:3703 freeculture.xml:7389 freeculture.xml:7567 freeculture.xml:15314 +msgid "piracy" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:1337 freeculture.xml:1496 freeculture.xml:7389 freeculture.xml:7567 +msgid "derivative work vs." +msgstr "" + #. f2 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1289 +#: freeculture.xml:1345 msgid "" "I am grateful to David Gerstein and his careful history, described at <ulink " "url=\"http://free-culture.cc/notes/\">link #4</ulink>. According to Dave " "Smith of the Disney Archives, Disney paid royalties to use the music for " -"five songs in <citetitle>Steamboat Willie</citetitle>: \"Steamboat Bill,\" " -"\"The Simpleton\" (Delille), \"Mischief Makers\" (Carbonara), \"Joyful Hurry " -"No. 1\" (Baron), and \"Gawky Rube\" (Lakay). A sixth song, \"The Turkey in " -"the Straw,\" was already in the public domain. Letter from David Smith to " +"five songs in <citetitle>Steamboat Willie</citetitle>: <quote>Steamboat " +"Bill,</quote> <quote>The Simpleton</quote> (Delille), <quote>Mischief " +"Makers</quote> (Carbonara), <quote>Joyful Hurry No. 1</quote> (Baron), and " +"<quote>Gawky Rube</quote> (Lakay). A sixth song, <quote>The Turkey in the " +"Straw,</quote> was already in the public domain. Letter from David Smith to " "Harry Surden, 10 July 2003, on file with author." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1283 +#: freeculture.xml:1339 msgid "" "<citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon " "Steamboat Willie. The coincidence of titles is not coincidental. Steamboat " @@ -1658,36 +1945,51 @@ msgid "" "source. It is not just from the invention of synchronized sound in " "<citetitle>The Jazz Singer</citetitle> that we get <citetitle>Steamboat " "Willie</citetitle>. It is also from Buster Keaton's invention of Steamboat " -"Bill, Jr., itself inspired by the song \"Steamboat Bill,\" that we get " -"Steamboat Willie, and then from Steamboat Willie, Mickey Mouse." +"Bill, Jr., itself inspired by the song <quote>Steamboat Bill,</quote> that " +"we get Steamboat Willie, and then from Steamboat Willie, Mickey Mouse." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1365 freeculture.xml:1522 +msgid "by transforming previous works" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1366 freeculture.xml:6264 freeculture.xml:7773 +msgid "Disney, Inc." msgstr "" #. f3 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1310 +#: freeculture.xml:1372 msgid "" -"He was also a fan of the public domain. See Chris Sprigman, \"The Mouse that " -"Ate the Public Domain,\" Findlaw, 5 March 2002, at <ulink " +"He was also a fan of the public domain. See Chris Sprigman, <quote>The Mouse " +"that Ate the Public Domain,</quote> Findlaw, 5 March 2002, at <ulink " "url=\"http://free-culture.cc/notes/\">link #5</ulink>." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1306 +#: freeculture.xml:1368 msgid "" -"This \"borrowing\" was nothing unique, either for Disney or for the " -"industry. Disney was always parroting the feature-length mainstream films of " -"his day.<placeholder type=\"footnote\" id=\"0\"/> So did many others. Early " -"cartoons are filled with knockoffs—slight variations on winning " -"themes; retellings of ancient stories. The key to success was the brilliance " -"of the differences. With Disney, it was sound that gave his animation its " -"spark. Later, it was the quality of his work relative to the production-line " -"cartoons with which he competed. Yet these additions were built upon a base " -"that was borrowed. Disney added to the work of others before him, creating " -"something new out of something just barely old." +"This <quote>borrowing</quote> was nothing unique, either for Disney or for " +"the industry. Disney was always parroting the feature-length mainstream " +"films of his day.<placeholder type=\"footnote\" id=\"0\"/> So did many " +"others. Early cartoons are filled with knockoffs—slight variations on " +"winning themes; retellings of ancient stories. The key to success was the " +"brilliance of the differences. With Disney, it was sound that gave his " +"animation its spark. Later, it was the quality of his work relative to the " +"production-line cartoons with which he competed. Yet these additions were " +"built upon a base that was borrowed. Disney added to the work of others " +"before him, creating something new out of something just barely old." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1386 freeculture.xml:1681 freeculture.xml:11055 +msgid "Grimm fairy tales" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1325 +#: freeculture.xml:1388 msgid "" "Sometimes this borrowing was slight. Sometimes it was significant. Think " "about the fairy tales of the Brothers Grimm. If you're as oblivious as I " @@ -1700,7 +2002,7 @@ msgstr "" #. PAGE BREAK 37 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1334 +#: freeculture.xml:1397 msgid "" "Disney took these stories and retold them in a way that carried them into a " "new age. He animated the stories, with both characters and light. Without " @@ -1726,34 +2028,60 @@ msgid "" "the soul of his culture. Rip, mix, and burn." msgstr "" -#. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1356 -msgid "" -"This is a kind of creativity. It is a creativity that we should remember and " -"celebrate. There are some who would say that there is no creativity except " -"this kind. We don't need to go that far to recognize its importance. We " -"could call this \"Disney creativity,\" though that would be a bit " -"misleading. It is, more precisely, \"Walt Disney creativity\"—a form " -"of expression and genius that builds upon the culture around us and makes it " -"something different." +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1420 +msgid "" +"This is a kind of creativity. It is a creativity that we should remember and " +"celebrate. There are some who would say that there is no creativity except " +"this kind. We don't need to go that far to recognize its importance. We " +"could call this <quote>Disney creativity,</quote> though that would be a bit " +"misleading. It is, more precisely, <quote>Walt Disney " +"creativity</quote>—a form of expression and genius that builds upon " +"the culture around us and makes it something different." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1431 freeculture.xml:4745 freeculture.xml:4746 freeculture.xml:4812 freeculture.xml:4850 freeculture.xml:4906 freeculture.xml:4952 freeculture.xml:5087 freeculture.xml:5181 freeculture.xml:6675 freeculture.xml:6975 freeculture.xml:6976 freeculture.xml:6979 freeculture.xml:7048 freeculture.xml:7074 freeculture.xml:7113 freeculture.xml:7236 freeculture.xml:7283 freeculture.xml:7320 freeculture.xml:7623 freeculture.xml:7794 freeculture.xml:11112 freeculture.xml:11136 freeculture.xml:11465 freeculture.xml:11466 +msgid "copyright" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1431 freeculture.xml:4745 freeculture.xml:4906 freeculture.xml:6976 freeculture.xml:6979 freeculture.xml:7074 freeculture.xml:11112 freeculture.xml:11466 +msgid "duration of" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:1432 freeculture.xml:1433 freeculture.xml:5182 freeculture.xml:7078 freeculture.xml:7201 freeculture.xml:8086 freeculture.xml:11046 freeculture.xml:13464 freeculture.xml:14254 freeculture.xml:14255 +msgid "public domain" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1432 +msgid "defined" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1433 +msgid "traditional term for conversion to" msgstr "" #. f4 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1370 +#: freeculture.xml:1440 msgid "" "Until 1976, copyright law granted an author the possibility of two terms: an " -"initial term and a renewal term. I have calculated the \"average\" term by " -"determining the weighted average of total registrations for any particular " -"year, and the proportion renewing. Thus, if 100 copyrights are registered in " -"year 1, and only 15 are renewed, and the renewal term is 28 years, then the " -"average term is 32.2 years. For the renewal data and other relevant data, " -"see the Web site associated with this book, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #6</ulink>." +"initial term and a renewal term. I have calculated the " +"<quote>average</quote> term by determining the weighted average of total " +"registrations for any particular year, and the proportion renewing. Thus, if " +"100 copyrights are registered in year 1, and only 15 are renewed, and the " +"renewal term is 28 years, then the average term is 32.2 years. For the " +"renewal data and other relevant data, see the Web site associated with this " +"book, available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#6</ulink>." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1364 +#: freeculture.xml:1434 msgid "" "In 1928, the culture that Disney was free to draw upon was relatively " "fresh. The public domain in 1928 was not very old and was therefore quite " @@ -1761,25 +2089,26 @@ msgid "" "years—for that minority of creative work that was in fact " "copyrighted.<placeholder type=\"footnote\" id=\"0\"/> That means that for " "thirty years, on average, the authors or copyright holders of a creative " -"work had an \"exclusive right\" to control certain uses of the work. To use " -"this copyrighted work in limited ways required the permission of the " -"copyright owner." +"work had an <quote>exclusive right</quote> to control certain uses of the " +"work. To use this copyrighted work in limited ways required the permission " +"of the copyright owner." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1387 +#: freeculture.xml:1457 msgid "" "At the end of a copyright term, a work passes into the public domain. No " "permission is then needed to draw upon or use that work. No permission and, " -"hence, no lawyers. The public domain is a \"lawyer-free zone.\" Thus, most " -"of the content from the nineteenth century was free for Disney to use and " -"build upon in 1928. It was free for anyone— whether connected or not, " -"whether rich or not, whether approved or not—to use and build upon." +"hence, no lawyers. The public domain is a <quote>lawyer-free zone.</quote> " +"Thus, most of the content from the nineteenth century was free for Disney to " +"use and build upon in 1928. It was free for anyone— whether connected " +"or not, whether rich or not, whether approved or not—to use and build " +"upon." msgstr "" #. PAGE BREAK 38 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1396 +#: freeculture.xml:1468 msgid "" "This is the ways things always were—until quite recently. For most of " "our history, the public domain was just over the horizon. From until 1978, " @@ -1792,15 +2121,31 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1409 +#: freeculture.xml:1487 msgid "" -"Of course, Walt Disney had no monopoly on \"Walt Disney creativity.\" Nor " -"does America. The norm of free culture has, until recently, and except " -"within totalitarian nations, been broadly exploited and quite universal." +"<emphasis role=\"strong\">Of course</emphasis>, Walt Disney had no monopoly " +"on <quote>Walt Disney creativity.</quote> Nor does America. The norm of free " +"culture has, until recently, and except within totalitarian nations, been " +"broadly exploited and quite universal." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1492 freeculture.xml:1596 freeculture.xml:1710 +msgid "comics, Japanese" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1494 freeculture.xml:1712 +msgid "Japanese comics" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1495 freeculture.xml:1713 +msgid "manga" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1415 +#: freeculture.xml:1498 msgid "" "Consider, for example, a form of creativity that seems strange to many " "Americans but that is inescapable within Japanese culture: " @@ -1812,29 +2157,35 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1424 +#: freeculture.xml:1507 msgid "" "Americans tend to look down upon this form of culture. That's an " "unattractive characteristic of ours. We're likely to misunderstand much " "about manga, because few of us have ever read anything close to the stories " -"that these \"graphic novels\" tell. For the Japanese, manga cover every " -"aspect of social life. For us, comics are \"men in tights.\" And anyway, " -"it's not as if the New York subways are filled with readers of Joyce or even " -"Hemingway. People of different cultures distract themselves in different " -"ways, the Japanese in this interestingly different way." +"that these <quote>graphic novels</quote> tell. For the Japanese, manga cover " +"every aspect of social life. For us, comics are <quote>men in " +"tights.</quote> And anyway, it's not as if the New York subways are filled " +"with readers of Joyce or even Hemingway. People of different cultures " +"distract themselves in different ways, the Japanese in this interestingly " +"different way." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1435 +#: freeculture.xml:1518 msgid "" "But my purpose here is not to understand manga. It is to describe a variant " "on manga that from a lawyer's perspective is quite odd, but from a Disney " "perspective is quite familiar." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1523 freeculture.xml:1711 +msgid "doujinshi comics" +msgstr "" + #. PAGE BREAK 39 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1440 +#: freeculture.xml:1525 msgid "" "This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are " "also comics, but they are a kind of copycat comic. A rich ethic governs the " @@ -1844,95 +2195,112 @@ msgid "" "doujinshi comic can thus take a mainstream comic and develop it " "differently—with a different story line. Or the comic can keep the " "character in character but change its look slightly. There is no formula for " -"what makes the doujinshi sufficiently \"different.\" But they must be " -"different if they are to be considered true doujinshi. Indeed, there are " -"committees that review doujinshi for inclusion within shows and reject any " -"copycat comic that is merely a copy." +"what makes the doujinshi sufficiently <quote>different.</quote> But they " +"must be different if they are to be considered true doujinshi. Indeed, there " +"are committees that review doujinshi for inclusion within shows and reject " +"any copycat comic that is merely a copy." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1455 +#: freeculture.xml:1541 msgid "" "These copycat comics are not a tiny part of the manga market. They are " -"huge. More than 33,000 \"circles\" of creators from across Japan produce " -"these bits of Walt Disney creativity. More than 450,000 Japanese come " -"together twice a year, in the largest public gathering in the country, to " -"exchange and sell them. This market exists in parallel to the mainstream " +"huge. More than 33,000 <quote>circles</quote> of creators from across Japan " +"produce these bits of Walt Disney creativity. More than 450,000 Japanese " +"come together twice a year, in the largest public gathering in the country, " +"to exchange and sell them. This market exists in parallel to the mainstream " "commercial manga market. In some ways, it obviously competes with that " "market, but there is no sustained effort by those who control the commercial " "manga market to shut the doujinshi market down. It flourishes, despite the " "competition and despite the law." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1551 freeculture.xml:1595 freeculture.xml:1709 +msgid "Japanese" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1466 +#: freeculture.xml:1554 msgid "" "The most puzzling feature of the doujinshi market, for those trained in the " "law, at least, is that it is allowed to exist at all. Under Japanese " "copyright law, which in this respect (on paper) mirrors American copyright " "law, the doujinshi market is an illegal one. Doujinshi are plainly " -"\"derivative works.\" There is no general practice by doujinshi artists of " -"securing the permission of the manga creators. Instead, the practice is " -"simply to take and modify the creations of others, as Walt Disney did with " -"<citetitle>Steamboat Bill, Jr</citetitle>. Under both Japanese and American " -"law, that \"taking\" without the permission of the original copyright owner " -"is illegal. It is an infringement of the original copyright to make a copy " -"or a derivative work without the original copyright owner's permission." +"<quote>derivative works.</quote> There is no general practice by doujinshi " +"artists of securing the permission of the manga creators. Instead, the " +"practice is simply to take and modify the creations of others, as Walt " +"Disney did with <citetitle>Steamboat Bill, Jr</citetitle>. Under both " +"Japanese and American law, that <quote>taking</quote> without the permission " +"of the original copyright owner is illegal. It is an infringement of the " +"original copyright to make a copy or a derivative work without the original " +"copyright owner's permission." msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:1480 +#: freeculture.xml:1568 msgid "Winick, Judd" msgstr "" #. f5 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1493 +#: freeculture.xml:1580 msgid "" "For an excellent history, see Scott McCloud, <citetitle>Reinventing " "Comics</citetitle> (New York: Perennial, 2000)." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1483 +#: freeculture.xml:1570 msgid "" "Yet this illegal market exists and indeed flourishes in Japan, and in the " "view of many, it is precisely because it exists that Japanese manga " -"flourish. As American graphic novelist Judd Winick said to me, \"The early " -"days of comics in America are very much like what's going on in Japan " -"now. . . . American comics were born out of copying each other. . . . That's " -"how [the artists] learn to draw—by going into comic books and not " -"tracing them, but looking at them and copying them\" and building from " -"them.<placeholder type=\"footnote\" id=\"0\"/>" +"flourish. As American graphic novelist Judd Winick said to me, <quote>The " +"early days of comics in America are very much like what's going on in Japan " +"now. … American comics were born out of copying each other. … " +"That's how [the artists] learn to draw — by going into comic books and " +"not tracing them, but looking at them and copying them</quote> and building " +"from them.<placeholder type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1585 +msgid "Superman comics" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1498 +#: freeculture.xml:1587 msgid "" "American comics now are quite different, Winick explains, in part because of " "the legal difficulty of adapting comics the way doujinshi are " -"allowed. Speaking of Superman, Winick told me, \"there are these rules and " -"you have to stick to them.\" There are things Superman \"cannot\" do. \"As a " -"creator, it's frustrating having to stick to some parameters which are fifty " -"years old.\"" +"allowed. Speaking of Superman, Winick told me, <quote>there are these rules " +"and you have to stick to them.</quote> There are things Superman " +"<quote>cannot</quote> do. <quote>As a creator, it's frustrating having to " +"stick to some parameters which are fifty years old.</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1597 +msgid "Mehra, Salil" msgstr "" #. f6 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1515 +#: freeculture.xml:1607 msgid "" -"See Salil K. Mehra, \"Copyright and Comics in Japan: Does Law Explain Why " -"All the Comics My Kid Watches Are Japanese Imports?\" <citetitle>Rutgers Law " -"Review</citetitle> 55 (2002): 155, 182. \"[T]here might be a collective " -"economic rationality that would lead manga and anime artists to forgo " -"bringing legal actions for infringement. One hypothesis is that all manga " -"artists may be better off collectively if they set aside their individual " -"self-interest and decide not to press their legal rights. This is " -"essentially a prisoner's dilemma solved.\"" +"See Salil K. Mehra, <quote>Copyright and Comics in Japan: Does Law Explain " +"Why All the Comics My Kid Watches Are Japanese Imports?</quote> " +"<citetitle>Rutgers Law Review</citetitle> 55 (2002): 155, " +"182. <quote>[T]here might be a collective economic rationality that would " +"lead manga and anime artists to forgo bringing legal actions for " +"infringement. One hypothesis is that all manga artists may be better off " +"collectively if they set aside their individual self-interest and decide not " +"to press their legal rights. This is essentially a prisoner's dilemma " +"solved.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1507 +#: freeculture.xml:1599 msgid "" "The norm in Japan mitigates this legal difficulty. Some say it is precisely " "the benefit accruing to the Japanese manga market that explains the " @@ -1944,7 +2312,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1526 +#: freeculture.xml:1621 msgid "" "The problem with this story, however, as Mehra plainly acknowledges, is that " "the mechanism producing this laissez faire response is not clear. It may " @@ -1952,23 +2320,23 @@ msgid "" "rather than banned, but that doesn't explain why individual copyright owners " "don't sue nonetheless. If the law has no general exception for doujinshi, " "and indeed in some cases individual manga artists have sued doujinshi " -"artists, why is there not a more general pattern of blocking this \"free " -"taking\" by the doujinshi culture?" +"artists, why is there not a more general pattern of blocking this " +"<quote>free taking</quote> by the doujinshi culture?" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1537 +#: freeculture.xml:1634 msgid "" "I spent four wonderful months in Japan, and I asked this question as often " "as I could. Perhaps the best account in the end was offered by a friend from " -"a major Japanese law firm. \"We don't have enough lawyers,\" he told me one " -"afternoon. There \"just aren't enough resources to prosecute cases like " -"this.\"" +"a major Japanese law firm. <quote>We don't have enough lawyers,</quote> he " +"told me one afternoon. There <quote>just aren't enough resources to " +"prosecute cases like this.</quote>" msgstr "" #. PAGE BREAK 41 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1544 +#: freeculture.xml:1641 msgid "" "This is a theme to which we will return: that regulation by law is a " "function of both the words on the books and the costs of making those words " @@ -1977,12 +2345,16 @@ msgid "" "artists were regularly prosecuted? Would the Japanese gain something " "important if they could end this practice of uncompensated sharing? Does " "piracy here hurt the victims of the piracy, or does it help them? Would " -"lawyers fighting this piracy help their clients or hurt them? Let's pause " -"for a moment." +"lawyers fighting this piracy help their clients or hurt them?" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1654 +msgid "<emphasis role='strong'>Let's pause</emphasis> for a moment." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1557 +#: freeculture.xml:1657 msgid "" "If you're like I was a decade ago, or like most people are when they first " "start thinking about these issues, then just about now you should be puzzled " @@ -1990,53 +2362,60 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:1574 freeculture.xml:2759 freeculture.xml:4374 freeculture.xml:4601 freeculture.xml:7160 freeculture.xml:8231 +#: freeculture.xml:1667 freeculture.xml:3022 freeculture.xml:4758 freeculture.xml:5017 freeculture.xml:7904 freeculture.xml:9033 msgid "Vaidhyanathan, Siva" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1567 -msgid "" -"The term <citetitle>intellectual property</citetitle> is of relatively " -"recent origin. See Siva Vaidhyanathan, <citetitle>Copyrights and " -"Copywrongs</citetitle>, 11 (New York: New York University Press, 2001). See " -"also Lawrence Lessig, <citetitle>The Future of Ideas</citetitle> (New York: " -"Random House, 2001), 293 n. 26. The term accurately describes a set of " -"\"property\" rights—copyright, patents, trademark, and " -"trade-secret—but the nature of those rights is very different. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +#: freeculture.xml:1667 +msgid "" +"<placeholder type=\"indexterm\" id=\"0\"/> The term <citetitle>intellectual " +"property</citetitle> is of relatively recent origin. See Siva Vaidhyanathan, " +"<citetitle>Copyrights and Copywrongs</citetitle>, 11 (New York: New York " +"University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of " +"Ideas</citetitle> (New York: Random House, 2001), 293 n. 26. The term " +"accurately describes a set of <quote>property</quote> rights — " +"copyright, patents, trademark, and trade-secret — but the nature of " +"those rights is very different." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1562 +#: freeculture.xml:1662 msgid "" -"We live in a world that celebrates \"property.\" I am one of those " -"celebrants. I believe in the value of property in general, and I also " +"We live in a world that celebrates <quote>property.</quote> I am one of " +"those celebrants. I believe in the value of property in general, and I also " "believe in the value of that weird form of property that lawyers call " -"\"intellectual property.\"<placeholder type=\"footnote\" id=\"0\"/> A large, " -"diverse society cannot survive without property; a large, diverse, and " -"modern society cannot flourish without intellectual property." +"<quote>intellectual property.</quote><placeholder type=\"footnote\" " +"id=\"0\"/> A large, diverse society cannot survive without property; a " +"large, diverse, and modern society cannot flourish without intellectual " +"property." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1581 +#: freeculture.xml:1684 msgid "" "But it takes just a second's reflection to realize that there is plenty of " -"value out there that \"property\" doesn't capture. I don't mean \"money " -"can't buy you love,\" but rather, value that is plainly part of a process of " -"production, including commercial as well as noncommercial production. If " -"Disney animators had stolen a set of pencils to draw Steamboat Willie, we'd " -"have no hesitation in condemning that taking as wrong— even though " -"trivial, even if unnoticed. Yet there was nothing wrong, at least under the " -"law of the day, with Disney's taking from Buster Keaton or from the Brothers " -"Grimm. There was nothing wrong with the taking from Keaton because Disney's " -"use would have been considered \"fair.\" There was nothing wrong with the " -"taking from the Grimms because the Grimms' work was in the public domain." +"value out there that <quote>property</quote> doesn't capture. I don't mean " +"<quote>money can't buy you love,</quote> but rather, value that is plainly " +"part of a process of production, including commercial as well as " +"noncommercial production. If Disney animators had stolen a set of pencils " +"to draw Steamboat Willie, we'd have no hesitation in condemning that taking " +"as wrong— even though trivial, even if unnoticed. Yet there was " +"nothing wrong, at least under the law of the day, with Disney's taking from " +"Buster Keaton or from the Brothers Grimm. There was nothing wrong with the " +"taking from Keaton because Disney's use would have been considered " +"<quote>fair.</quote> There was nothing wrong with the taking from the Grimms " +"because the Grimms' work was in the public domain." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1698 +msgid "derivative works based on" msgstr "" #. PAGE BREAK 42 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1596 +#: freeculture.xml:1700 msgid "" "Thus, even though the things that Disney took—or more generally, the " "things taken by anyone exercising Walt Disney creativity—are valuable, " @@ -2045,7 +2424,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1605 +#: freeculture.xml:1715 msgid "" "The same with the doujinshi culture. If a doujinshi artist broke into a " "publisher's office and ran off with a thousand copies of his latest " @@ -2056,23 +2435,28 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1613 +#: freeculture.xml:1724 msgid "" "Yet there is an obvious reluctance, even among Japanese lawyers, to say that " -"the copycat comic artists are \"stealing.\" This form of Walt Disney " -"creativity is seen as fair and right, even if lawyers in particular find it " -"hard to say why." +"the copycat comic artists are <quote>stealing.</quote> This form of Walt " +"Disney creativity is seen as fair and right, even if lawyers in particular " +"find it hard to say why." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1735 freeculture.xml:4698 freeculture.xml:4830 freeculture.xml:4867 freeculture.xml:5197 +msgid "Shakespeare, William" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1619 +#: freeculture.xml:1737 msgid "" "It's the same with a thousand examples that appear everywhere once you begin " "to look. Scientists build upon the work of other scientists without asking " -"or paying for the privilege. (\"Excuse me, Professor Einstein, but may I " -"have permission to use your theory of relativity to show that you were wrong " -"about quantum physics?\") Acting companies perform adaptations of the works " -"of Shakespeare without securing permission from anyone. (Does " +"or paying for the privilege. (<quote>Excuse me, Professor Einstein, but may " +"I have permission to use your theory of relativity to show that you were " +"wrong about quantum physics?</quote>) Acting companies perform adaptations " +"of the works of Shakespeare without securing permission from anyone. (Does " "<emphasis>anyone</emphasis> believe Shakespeare would be better spread " "within our culture if there were a central Shakespeare rights clearinghouse " "that all productions of Shakespeare must appeal to first?) And Hollywood " @@ -2082,7 +2466,7 @@ msgstr "" #. PAGE BREAK 43 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1633 +#: freeculture.xml:1751 msgid "" "Creators here and everywhere are always and at all times building upon the " "creativity that went before and that surrounds them now. That building is " @@ -2095,12 +2479,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1644 +#: freeculture.xml:1763 msgid "" "The hard question is therefore not <emphasis>whether</emphasis> a culture is " "free. All cultures are free to some degree. The hard question instead is " -"\"<emphasis>How</emphasis> free is this culture?\" How much, and how " -"broadly, is the culture free for others to take and build upon? Is that " +"<quote><emphasis>How</emphasis> free is this culture?</quote> How much, and " +"how broadly, is the culture free for others to take and build upon? Is that " "freedom limited to party members? To members of the royal family? To the top " "ten corporations on the New York Stock Exchange? Or is that freedom spread " "broadly? To artists generally, whether affiliated with the Met or not? To " @@ -2109,7 +2493,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1656 +#: freeculture.xml:1775 msgid "" "Free cultures are cultures that leave a great deal open for others to build " "upon; unfree, or permission, cultures leave much less. Ours was a free " @@ -2117,48 +2501,64 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:1664 -msgid "CHAPTER TWO: \"Mere Copyists\"" +#: freeculture.xml:1784 +msgid "Chapter Two: <quote>Mere Copyists</quote>" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:1665 +#: freeculture.xml:1785 msgid "Daguerre, Louis" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1786 freeculture.xml:1941 freeculture.xml:1996 freeculture.xml:6786 +msgid "camera technology" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1787 +msgid "photography" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1667 +#: freeculture.xml:1789 msgid "" -"In 1839, Louis Daguerre invented the first practical technology for " -"producing what we would call \"photographs.\" Appropriately enough, they " -"were called \"daguerreotypes.\" The process was complicated and expensive, " +"<emphasis role='strong'>In 1839</emphasis>, Louis Daguerre invented the " +"first practical technology for producing what we would call " +"<quote>photographs.</quote> Appropriately enough, they were called " +"<quote>daguerreotypes.</quote> The process was complicated and expensive, " "and the field was thus limited to professionals and a few zealous and " "wealthy amateurs. (There was even an American Daguerre Association that " "helped regulate the industry, as do all such associations, by keeping " "competition down so as to keep prices up.)" msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1798 +msgid "Talbot, William" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1676 +#: freeculture.xml:1800 msgid "" "Yet despite high prices, the demand for daguerreotypes was strong. This " -"pushed inventors to find simpler and cheaper ways to make \"automatic " -"pictures.\" William Talbot soon discovered a process for making " -"\"negatives.\" But because the negatives were glass, and had to be kept wet, " -"the process still remained expensive and cumbersome. In the 1870s, dry " -"plates were developed, making it easier to separate the taking of a picture " -"from its developing. These were still plates of glass, and thus it was still " -"not a process within reach of most amateurs." +"pushed inventors to find simpler and cheaper ways to make <quote>automatic " +"pictures.</quote> William Talbot soon discovered a process for making " +"<quote>negatives.</quote> But because the negatives were glass, and had to " +"be kept wet, the process still remained expensive and cumbersome. In the " +"1870s, dry plates were developed, making it easier to separate the taking of " +"a picture from its developing. These were still plates of glass, and thus it " +"was still not a process within reach of most amateurs." msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:1687 +#: freeculture.xml:1810 msgid "Eastman, George" msgstr "" #. PAGE BREAK 45 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1690 +#: freeculture.xml:1812 msgid "" "The technological change that made mass photography possible didn't happen " "until 1888, and was the creation of a single man. George Eastman, himself an " @@ -2170,42 +2570,52 @@ msgid "" "could dramatically broaden the population of photographers." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1823 freeculture.xml:1978 freeculture.xml:6788 +msgid "Kodak cameras" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1824 +msgid "Kodak Primer, The (Eastman)" +msgstr "" + #. f1 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1707 +#: freeculture.xml:1831 msgid "" "Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: " "Johns Hopkins University Press, 1975), 112." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1702 +#: freeculture.xml:1826 msgid "" "Eastman developed flexible, emulsion-coated paper film and placed rolls of " "it in small, simple cameras: the Kodak. The device was marketed on the basis " -"of its simplicity. \"You press the button and we do the rest.\"<placeholder " -"type=\"footnote\" id=\"0\"/> As he described in <citetitle>The Kodak " -"Primer</citetitle>:" +"of its simplicity. <quote>You press the button and we do the " +"rest.</quote><placeholder type=\"footnote\" id=\"0\"/> As he described in " +"<citetitle>The Kodak Primer</citetitle>:" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:1725 freeculture.xml:1748 +#: freeculture.xml:1847 freeculture.xml:1873 msgid "Coe, Brian" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para><footnote><para> -#: freeculture.xml:1723 +#: freeculture.xml:1847 msgid "" -"Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: " -"Taplinger Publishing, 1977), 53. <placeholder type=\"indexterm\" id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> Brian Coe, <citetitle>The Birth " +"of Photography</citetitle> (New York: Taplinger Publishing, 1977), 53." msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:1712 +#: freeculture.xml:1836 msgid "" "The principle of the Kodak system is the separation of the work that any " "person whomsoever can do in making a photograph, from the work that only an " -"expert can do. . . . We furnish anybody, man, woman or child, who has " +"expert can do. … We furnish anybody, man, woman or child, who has " "sufficient intelligence to point a box straight and press a button, with an " "instrument which altogether removes from the practice of photography the " "necessity for exceptional facilities or, in fact, any special knowledge of " @@ -2215,18 +2625,18 @@ msgstr "" #. f3 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1741 +#: freeculture.xml:1866 msgid "Jenkins, 177." msgstr "" #. f4 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1745 +#: freeculture.xml:1870 msgid "Based on a chart in Jenkins, p. 178." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1730 +#: freeculture.xml:1855 msgid "" "For $25, anyone could make pictures. The camera came preloaded with film, " "and when it had been used, the camera was returned to an Eastman factory, " @@ -2236,50 +2646,80 @@ msgid "" "camera first went on sale in 1888; one year later, Kodak was printing more " "than six thousand negatives a day. From 1888 through 1909, while industrial " "production was rising by 4.7 percent, photographic equipment and material " -"sales increased by percent.<placeholder type=\"footnote\" id=\"0\"/> Eastman " -"Kodak's sales during the same period experienced an average annual increase " -"of over 17 percent.<placeholder type=\"footnote\" id=\"1\"/>" +"sales increased by 11 percent.<placeholder type=\"footnote\" id=\"0\"/> " +"Eastman Kodak's sales during the same period experienced an average annual " +"increase of over 17 percent.<placeholder type=\"footnote\" id=\"1\"/>" msgstr "" #. f5 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1763 +#: freeculture.xml:1888 msgid "Coe, 58." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1752 +#: freeculture.xml:1877 msgid "" "The real significance of Eastman's invention, however, was not economic. It " "was social. Professional photography gave individuals a glimpse of places " "they would never otherwise see. Amateur photography gave them the ability to " "record their own lives in a way they had never been able to do before. As " -"author Brian Coe notes, \"For the first time the snapshot album provided the " -"man on the street with a permanent record of his family and its " -"activities. . . . For the first time in history there exists an authentic " +"author Brian Coe notes, <quote>For the first time the snapshot album " +"provided the man on the street with a permanent record of his family and its " +"activities. … For the first time in history there exists an authentic " "visual record of the appearance and activities of the common man made " -"without [literary] interpretation or bias.\"<placeholder type=\"footnote\" " -"id=\"0\"/>" +"without [literary] interpretation or bias.</quote><placeholder " +"type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1891 freeculture.xml:1997 freeculture.xml:2373 freeculture.xml:2391 +msgid "democracy" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1891 freeculture.xml:1997 freeculture.xml:2373 +msgid "in technologies of expression" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1892 freeculture.xml:1998 freeculture.xml:2038 freeculture.xml:2375 +msgid "expression, technologies of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1892 freeculture.xml:1998 freeculture.xml:2375 +msgid "democratic" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1767 +#: freeculture.xml:1894 msgid "" "In this way, the Kodak camera and film were technologies of expression. The " "pencil or paintbrush was also a technology of expression, of course. But it " "took years of training before they could be deployed by amateurs in any " "useful or effective way. With the Kodak, expression was possible much sooner " "and more simply. The barrier to expression was lowered. Snobs would sneer at " -"its \"quality\"; professionals would discount it as irrelevant. But watch a " -"child study how best to frame a picture and you get a sense of the " -"experience of creativity that the Kodak enabled. Democratic tools gave " -"ordinary people a way to express themselves more easily than any tools could " -"have before." +"its <quote>quality</quote>; professionals would discount it as " +"irrelevant. But watch a child study how best to frame a picture and you get " +"a sense of the experience of creativity that the Kodak enabled. Democratic " +"tools gave ordinary people a way to express themselves more easily than any " +"tools could have before." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1907 +msgid "permissions" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:1907 +msgid "photography exempted from" msgstr "" #. f6 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1789 +#: freeculture.xml:1918 msgid "" "For illustrative cases, see, for example, <citetitle>Pavesich</citetitle> " "v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905); " @@ -2289,7 +2729,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1780 +#: freeculture.xml:1909 msgid "" "What was required for this technology to flourish? Obviously, Eastman's " "genius was an important part. But also important was the legal environment " @@ -2301,33 +2741,39 @@ msgid "" "no.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1927 freeculture.xml:9732 +msgid "images, ownership of" +msgstr "" + #. PAGE BREAK 47 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1797 +#: freeculture.xml:1929 msgid "" "The arguments in favor of requiring permission will sound surprisingly " -"familiar. The photographer was \"taking\" something from the person or " -"building whose photograph he shot—pirating something of value. Some " -"even thought he was taking the target's soul. Just as Disney was not free to " -"take the pencils that his animators used to draw Mickey, so, too, should " -"these photographers not be free to take images that they thought valuable." +"familiar. The photographer was <quote>taking</quote> something from the " +"person or building whose photograph he shot—pirating something of " +"value. Some even thought he was taking the target's soul. Just as Disney was " +"not free to take the pencils that his animators used to draw Mickey, so, " +"too, should these photographers not be free to take images that they thought " +"valuable." msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:1819 +#: freeculture.xml:1953 msgid "Warren, Samuel D." msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1816 +#: freeculture.xml:1950 msgid "" -"Samuel D. Warren and Louis D. Brandeis, \"The Right to Privacy,\" " +"Samuel D. Warren and Louis D. Brandeis, <quote>The Right to Privacy,</quote> " "<citetitle>Harvard Law Review</citetitle> 4 (1890): 193. <placeholder " "type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1809 +#: freeculture.xml:1943 msgid "" "On the other side was an argument that should be familiar, as well. Sure, " "there may be something of value being used. But citizens should have the " @@ -2342,18 +2788,18 @@ msgstr "" #. f8 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1836 +#: freeculture.xml:1971 msgid "" -"See Melville B. Nimmer, \"The Right of Publicity,\" <citetitle>Law and " -"Contemporary Problems</citetitle> 19 (1954): 203; William L. Prosser, " -"\"Privacy,\" <citetitle>California Law Review</citetitle> 48 (1960) " -"398–407; <citetitle>White</citetitle> v. <citetitle>Samsung " -"Electronics America, Inc</citetitle>., 971 F. 2d 1395 (9th Cir. 1992), " -"cert. denied, 508 U.S. 951 (1993)." +"See Melville B. Nimmer, <quote>The Right of Publicity,</quote> " +"<citetitle>Law and Contemporary Problems</citetitle> 19 (1954): 203; William " +"L. Prosser, <quote>Privacy,</quote> <citetitle>California Law " +"Review</citetitle> 48 (1960) 398–407; <citetitle>White</citetitle> " +"v. <citetitle>Samsung Electronics America, Inc</citetitle>., 971 F. 2d 1395 " +"(9th Cir. 1992), cert. denied, 508 U.S. 951 (1993)." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1826 +#: freeculture.xml:1961 msgid "" "Fortunately for Mr. Eastman, and for photography in general, these early " "decisions went in favor of the pirates. In general, no permission would be " @@ -2366,26 +2812,31 @@ msgid "" "type=\"footnote\" id=\"0\"/>)" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:1979 freeculture.xml:3805 freeculture.xml:3827 freeculture.xml:3828 freeculture.xml:5777 freeculture.xml:9973 +msgid "Napster" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1844 +#: freeculture.xml:1981 msgid "" "We can only speculate about how photography would have developed had the law " "gone the other way. If the presumption had been against the photographer, " "then the photographer would have had to demonstrate permission. Perhaps " "Eastman Kodak would have had to demonstrate permission, too, before it " "developed the film upon which images were captured. After all, if permission " -"were not granted, then Eastman Kodak would be benefiting from the \"theft\" " -"committed by the photographer. Just as Napster benefited from the copyright " -"infringements committed by Napster users, Kodak would be benefiting from the " -"\"image-right\" infringement of its photographers. We could imagine the law " -"then requiring that some form of permission be demonstrated before a company " -"developed pictures. We could imagine a system developing to demonstrate that " -"permission." +"were not granted, then Eastman Kodak would be benefiting from the " +"<quote>theft</quote> committed by the photographer. Just as Napster " +"benefited from the copyright infringements committed by Napster users, Kodak " +"would be benefiting from the <quote>image-right</quote> infringement of its " +"photographers. We could imagine the law then requiring that some form of " +"permission be demonstrated before a company developed pictures. We could " +"imagine a system developing to demonstrate that permission." msgstr "" #. PAGE BREAK 48 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1861 +#: freeculture.xml:2002 msgid "" "But though we could imagine this system of permission, it would be very hard " "to see how photography could have flourished as it did if the requirement " @@ -2396,90 +2847,152 @@ msgid "" "the permission system. But the spread of photography to ordinary people " "would not have occurred. Nothing like that growth would have been " "realized. And certainly, nothing like that growth in a democratic technology " -"of expression would have been realized. If you drive through San " -"Francisco's Presidio, you might see two gaudy yellow school buses painted " -"over with colorful and striking images, and the logo \"Just Think!\" in " -"place of the name of a school. But there's little that's \"just\" cerebral " -"in the projects that these busses enable. These buses are filled with " -"technologies that teach kids to tinker with film. Not the film of " -"Eastman. Not even the film of your VCR. Rather the \"film\" of digital " -"cameras. Just Think! is a project that enables kids to make films, as a way " -"to understand and critique the filmed culture that they find all around " -"them. Each year, these busses travel to more than thirty 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." +"of expression would have been realized." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:2018 freeculture.xml:6787 +msgid "digital cameras" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2019 +msgid "Just Think!" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2021 +msgid "" +"<emphasis role='strong'>If you drive</emphasis> through San Francisco's " +"Presidio, you might see two gaudy yellow school buses painted over with " +"colorful and striking images, and the logo <quote>Just Think!</quote> in " +"place of the name of a school. But there's little that's <quote>just</quote> " +"cerebral in the projects that these busses enable. These buses are filled " +"with technologies that teach kids to tinker with film. Not the film of " +"Eastman. Not even the film of your VCR. Rather the <quote>film</quote> of " +"digital cameras. Just Think! is a project that enables kids to make films, " +"as a way to understand and critique the filmed culture that they find all " +"around them. Each year, these busses travel to more than thirty 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." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2036 freeculture.xml:2832 +msgid "education" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2036 +msgid "in media literacy" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2037 +msgid "media literacy" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2038 +msgid "media literacy and" msgstr "" #. f9 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1893 +#: freeculture.xml:2046 msgid "" -"H. Edward Goldberg, \"Essential Presentation Tools: Hardware and Software " -"You Need to Create Digital Multimedia Presentations,\" cadalyst, February " -"2002, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#7</ulink>." +"H. Edward Goldberg, <quote>Essential Presentation Tools: Hardware and " +"Software You Need to Create Digital Multimedia Presentations,</quote> " +"cadalyst, February 2002, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #7</ulink>." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1887 +#: freeculture.xml:2040 msgid "" "These buses are not cheap, but the technology they carry is increasingly " "so. The cost of a high-quality digital video system has fallen " -"dramatically. As one analyst puts it, \"Five years ago, a good real-time " -"digital video editing system cost $25,000. Today you can get professional " -"quality for $595.\"<placeholder type=\"footnote\" id=\"0\"/> These buses are " -"filled with technology that would have cost hundreds of thousands just ten " -"years ago. And it is now feasible to imagine not just buses like this, but " -"classrooms across the country where kids are learning more and more of " -"something teachers call \"media literacy.\"" +"dramatically. As one analyst puts it, <quote>Five years ago, a good " +"real-time digital video editing system cost $25,000. Today you can get " +"professional quality for $595.</quote><placeholder type=\"footnote\" " +"id=\"0\"/> These buses are filled with technology that would have cost " +"hundreds of thousands just ten years ago. And it is now feasible to imagine " +"not just buses like this, but classrooms across the country where kids are " +"learning more and more of something teachers call <quote>media " +"literacy.</quote>" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:1910 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2056 msgid "Yanofsky, Dave" msgstr "" +#. PAGE BREAK 49 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1905 +#: freeculture.xml:2059 msgid "" -"\"Media literacy,\" as Dave Yanofsky, the executive director of Just Think!, " -"puts it, \"is the ability . . . to understand, analyze, and 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.\" <placeholder type=\"indexterm\" id=\"0\"/>" +"<quote>Media literacy,</quote> as Dave Yanofsky, the executive director of " +"Just Think!, puts it, <quote>is the ability … to understand, analyze, " +"and 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.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1913 +#: freeculture.xml:2067 msgid "" -"This may seem like an odd way to think about \"literacy.\" For most people, " -"literacy is about reading and writing. Faulkner and Hemingway and noticing " -"split infinitives are the things that \"literate\" people know about." +"This may seem like an odd way to think about <quote>literacy.</quote> For " +"most people, literacy is about reading and writing. Faulkner and Hemingway " +"and noticing split infinitives are the things that <quote>literate</quote> " +"people know about." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:2072 freeculture.xml:2622 freeculture.xml:6783 freeculture.xml:7754 freeculture.xml:8855 freeculture.xml:8909 +msgid "advertising" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:2073 freeculture.xml:6785 freeculture.xml:8856 +msgid "commercials" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:2074 freeculture.xml:6784 freeculture.xml:8857 freeculture.xml:8891 freeculture.xml:15312 +msgid "television" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:2074 freeculture.xml:6784 freeculture.xml:8857 +msgid "advertising on" msgstr "" #. f10 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1923 +#: freeculture.xml:2080 msgid "" "Judith Van Evra, <citetitle>Television and Child Development</citetitle> " -"(Hillsdale, N.J.: Lawrence Erlbaum Associates, 1990); \"Findings on Family " -"and TV Study,\" <citetitle>Denver Post</citetitle>, 25 May 1997, B6." +"(Hillsdale, N.J.: Lawrence Erlbaum Associates, 1990); <quote>Findings on " +"Family and TV Study,</quote> <citetitle>Denver Post</citetitle>, 25 May " +"1997, B6." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1919 +#: freeculture.xml:2076 msgid "" "Maybe. But in a world where children see on average 390 hours of television " "commercials per year, or between 20,000 and 45,000 commercials " "generally,<placeholder type=\"footnote\" id=\"0\"/> it is increasingly " -"important to understand the \"grammar\" of media. For just as there is a " -"grammar for the written word, so, too, is there one for media. And just as " -"kids learn how to write by writing lots of terrible prose, kids learn how to " -"write media by constructing lots of (at least at first) terrible media." +"important to understand the <quote>grammar</quote> of media. For just as " +"there is a grammar for the written word, so, too, is there one for " +"media. And just as kids learn how to write by writing lots of terrible " +"prose, kids learn how to write media by constructing lots of (at least at " +"first) terrible media." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1934 +#: freeculture.xml:2091 msgid "" "A growing field of academics and activists sees this form of literacy as " "crucial to the next generation of culture. For though anyone who has written " @@ -2492,7 +3005,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1944 +#: freeculture.xml:2102 msgid "" "It took filmmaking a generation before it could do these things well. But " "even then, the knowledge was in the filming, not in writing about the " @@ -2503,22 +3016,22 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:1951 -msgid "Crichton, Michael" +#: freeculture.xml:2109 freeculture.xml:2125 freeculture.xml:2231 +msgid "Daley, Elizabeth" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:1965 freeculture.xml:2025 freeculture.xml:2032 freeculture.xml:2467 -msgid "Barish, Stephanie" +#: freeculture.xml:2110 +msgid "Crichton, Michael" msgstr "" -#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:1966 -msgid "Daley, Elizabeth" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2124 freeculture.xml:2184 freeculture.xml:2191 freeculture.xml:2264 freeculture.xml:2685 +msgid "Barish, Stephanie" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1963 +#: freeculture.xml:2122 msgid "" "Interview with Elizabeth Daley and Stephanie Barish, 13 December 2002. " "<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " @@ -2527,49 +3040,51 @@ msgstr "" #. f12 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:1977 +#: freeculture.xml:2136 msgid "" -"See Scott Steinberg, \"Crichton Gets Medieval on PCs,\" E!online, 4 November " -"2000, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#8</ulink>; \"Timeline,\" 22 November 2000, available at <ulink " +"See Scott Steinberg, <quote>Crichton Gets Medieval on PCs,</quote> E!online, " +"4 November 2000, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #8</ulink>; " +"<quote>Timeline,</quote> 22 November 2000, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #9</ulink>." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1953 +#: freeculture.xml:2112 msgid "" "This grammar has changed as media has changed. When it was just film, as " "Elizabeth Daley, executive director of the University of Southern " "California's Annenberg Center for Communication and dean of the USC School " -"of Cinema-Television, explained to me, the grammar was about \"the placement " -"of objects, color, . . . rhythm, pacing, and texture.\"<placeholder " -"type=\"footnote\" id=\"0\"/> But as computers open up an interactive space " -"where a story is \"played\" as well as experienced, that grammar " -"changes. The simple control of narrative is lost, and so other techniques " -"are necessary. Author Michael Crichton had mastered the narrative of science " -"fiction. But when he tried to design a computer game based on one of his " -"works, it was a new craft he had to learn. How to lead people through a game " -"without their feeling they have been led was not obvious, even to a wildly " -"successful author.<placeholder type=\"footnote\" id=\"1\"/>" +"of Cinema-Television, explained to me, the grammar was about <quote>the " +"placement of objects, color, … rhythm, pacing, and " +"texture.</quote><placeholder type=\"footnote\" id=\"0\"/> But as computers " +"open up an interactive space where a story is <quote>played</quote> as well " +"as experienced, that grammar changes. The simple control of narrative is " +"lost, and so other techniques are necessary. Author Michael Crichton had " +"mastered the narrative of science fiction. But when he tried to design a " +"computer game based on one of his works, it was a new craft he had to " +"learn. How to lead people through a game without their feeling they have " +"been led was not obvious, even to a wildly successful author.<placeholder " +"type=\"footnote\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:1984 +#: freeculture.xml:2143 msgid "computer games" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1986 +#: freeculture.xml:2145 msgid "" "This skill is precisely the craft a filmmaker learns. As Daley describes, " -"\"people are very surprised about how they are led through a film. [I]t is " -"perfectly constructed to keep you from seeing it, so you have no idea. If a " -"filmmaker succeeds you do not know how you were led.\" If you know you were " -"led through a film, the film has failed." +"<quote>people are very surprised about how they are led through a film. [I]t " +"is perfectly constructed to keep you from seeing it, so you have no idea. If " +"a filmmaker succeeds you do not know how you were led.</quote> If you know " +"you were led through a film, the film has failed." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:1993 +#: freeculture.xml:2152 msgid "" "Yet the push for an expanded literacy—one that goes beyond text to " "include audio and visual elements—is not about making better film " @@ -2578,7 +3093,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:2000 +#: freeculture.xml:2159 msgid "" "From my perspective, probably the most important digital divide is not " "access to a box. It's the ability to be empowered with the language that " @@ -2587,39 +3102,40 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2008 +#: freeculture.xml:2167 msgid "" -"\"Read-only.\" Passive recipients of culture produced elsewhere. Couch " -"potatoes. Consumers. This is the world of media from the twentieth century." +"<quote>Read-only.</quote> Passive recipients of culture produced elsewhere. " +"Couch potatoes. Consumers. This is the world of media from the twentieth " +"century." msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2024 +#: freeculture.xml:2183 msgid "Interview with Daley and Barish. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. f31 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2029 freeculture.xml:3745 freeculture.xml:4787 freeculture.xml:7955 +#: freeculture.xml:2188 freeculture.xml:4072 freeculture.xml:5245 freeculture.xml:8744 msgid "Ibid." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2013 +#: freeculture.xml:2172 msgid "" "The twenty-first century could be different. This is the crucial point: It " "could be both read and write. Or at least reading and better understanding " "the craft of writing. Or best, reading and understanding the tools that " "enable the writing to lead or mislead. The aim of any literacy, and this " -"literacy in particular, is to \"empower people to choose the appropriate " -"language for what they need to create or express.\"<placeholder " -"type=\"footnote\" id=\"0\"/> It is to enable students \"to communicate in " -"the language of the twenty-first century.\"<placeholder type=\"footnote\" " -"id=\"1\"/>" +"literacy in particular, is to <quote>empower people to choose the " +"appropriate language for what they need to create or " +"express.</quote><placeholder type=\"footnote\" id=\"0\"/> It is to enable " +"students <quote>to communicate in the language of the twenty-first " +"century.</quote><placeholder type=\"footnote\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2034 +#: freeculture.xml:2193 msgid "" "As with any language, this language comes more easily to some than to " "others. It doesn't necessarily come more easily to those who excel in " @@ -2633,153 +3149,170 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2046 +#: freeculture.xml:2206 msgid "" "The class was held on Friday afternoons, and it created a relatively new " "problem for the school. While the challenge in most classes was getting the " -"kids to come, the challenge in this class was keeping them away. The \"kids " -"were showing up at 6 A.M. and leaving at 5 at night,\" said Barish. They " -"were working harder than in any other class to do what education should be " -"about—learning how to express themselves." +"kids to come, the challenge in this class was keeping them away. The " +"<quote>kids were showing up at 6 A.M. and leaving at 5 at night,</quote> " +"said Barish. They were working harder than in any other class to do what " +"education should be about—learning how to express themselves." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2054 +#: freeculture.xml:2214 msgid "" -"Using whatever \"free web stuff they could find,\" and relatively simple " -"tools to enable the kids to mix \"image, sound, and text,\" Barish said this " -"class produced a series of projects that showed something about gun violence " -"that few would otherwise understand. This was an issue close to the lives of " -"these students. The project \"gave them a tool and empowered them to be able " -"to both understand it and talk about it,\" Barish explained. That tool " +"Using whatever <quote>free web stuff they could find,</quote> and relatively " +"simple tools to enable the kids to mix <quote>image, sound, and " +"text,</quote> Barish said this class produced a series of projects that " +"showed something about gun violence that few would otherwise " +"understand. This was an issue close to the lives of these students. The " +"project <quote>gave them a tool and empowered them to be able to both " +"understand it and talk about it,</quote> Barish explained. That tool " "succeeded in creating expression—far more successfully and powerfully " -"than could have been created using only text. \"If you had said to these " -"students, `you have to do it in text,' they would've just thrown their hands " -"up and gone and done something else,\" Barish described, in part, no doubt, " -"because expressing themselves in text is not something these students can do " -"well. Yet neither is text a form in which <emphasis>these</emphasis> ideas " -"can be expressed well. The power of this message depended upon its " -"connection to this form of expression." +"than could have been created using only text. <quote>If you had said to " +"these students, `you have to do it in text,' they would've just thrown their " +"hands up and gone and done something else,</quote> Barish described, in " +"part, no doubt, because expressing themselves in text is not something these " +"students can do well. Yet neither is text a form in which " +"<emphasis>these</emphasis> ideas can be expressed well. The power of this " +"message depended upon its connection to this form of expression." msgstr "" #. PAGE BREAK 52 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2073 +#: freeculture.xml:2235 msgid "" -"\"But isn't education about teaching kids to write?\" I asked. In part, of " -"course, it is. But why are we teaching kids to write? Education, Daley " -"explained, is about giving students a way of \"constructing meaning.\" To " -"say that that means just writing is like saying teaching writing is only " -"about teaching kids how to spell. Text is one part—and increasingly, " -"not the most powerful part—of constructing meaning. As Daley explained " -"in the most moving part of our interview," +"<quote>But isn't education about teaching kids to write?</quote> I asked. In " +"part, of course, it is. But why are we teaching kids to write? Education, " +"Daley explained, is about giving students a way of <quote>constructing " +"meaning.</quote> To say that that means just writing is like saying teaching " +"writing is only about teaching kids how to spell. Text is one part—and " +"increasingly, not the most powerful part—of constructing meaning. As " +"Daley explained in the most moving part of our interview," msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:2084 +#: freeculture.xml:2246 msgid "" "What you want is to give these students ways of constructing meaning. If all " "you give them is text, they're not going to do it. Because they can't. You " "know, you've got Johnny who can look at a video, he can play a video game, " "he can do graffiti all over your walls, he can take your car apart, and he " "can do all sorts of other things. He just can't read your text. So Johnny " -"comes to school and you say, \"Johnny, you're illiterate. Nothing you can do " -"matters.\" Well, Johnny then has two choices: He can dismiss you or he [can] " -"dismiss himself. If his ego is healthy at all, he's going to dismiss " -"you. [But i]nstead, if you say, \"Well, with all these things that you can " -"do, let's talk about this issue. Play for me music that you think reflects " -"that, or show me images that you think reflect that, or draw for me " -"something that reflects that.\" Not by giving a kid a video camera and " -". . . saying, \"Let's go have fun with the video camera and 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. . . ." +"comes to school and you say, <quote>Johnny, you're illiterate. Nothing you " +"can do matters.</quote> Well, Johnny then has two choices: He can dismiss " +"you or he [can] dismiss himself. If his ego is healthy at all, he's going to " +"dismiss you. [But i]nstead, if you say, <quote>Well, with all these things " +"that you can do, let's talk about this issue. Play for me music that you " +"think reflects that, or show me images that you think reflect that, or draw " +"for me something that reflects that.</quote> Not by giving a kid a video " +"camera and … saying, <quote>Let's go have fun with the video camera " +"and make a little movie.</quote> But instead, really help you take these " +"elements that you understand, that are your language, and construct meaning " +"about the topic.…" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:2103 +#: freeculture.xml:2266 msgid "" "That empowers enormously. And then what happens, of course, is eventually, " -"as it has happened in all these classes, they bump up against the fact, \"I " -"need to explain this and I really need to write something.\" And as one of " -"the teachers told Stephanie, they would rewrite a paragraph 5, 6, 7, 8 " -"times, till they got it right." +"as it has happened in all these classes, they bump up against the fact, " +"<quote>I need to explain this and I really need to write something.</quote> " +"And as one of the teachers told Stephanie, they would rewrite a paragraph 5, " +"6, 7, 8 times, till they got it right." msgstr "" #. PAGE BREAK 53 #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:2110 +#: freeculture.xml:2273 msgid "" "Because they needed to. There was a reason for doing it. They needed to say " "something, as opposed to just jumping through your hoops. They actually " "needed to use a language that they didn't speak very well. But they had come " -"to understand that they had a lot of power with this language.\"" +"to understand that they had a lot of power with this language." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2285 freeculture.xml:2344 freeculture.xml:6076 +msgid "September 11, 2001, terrorist attacks of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2286 +msgid "World Trade Center" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2287 freeculture.xml:5996 +msgid "news coverage" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2119 +#: freeculture.xml:2289 msgid "" -"When two planes crashed into the World Trade Center, another into the " -"Pentagon, and a fourth into a Pennsylvania field, all media around the world " -"shifted to this news. Every moment of just about every day for that week, " -"and for weeks after, television in particular, and media generally, retold " -"the story of the events we had just witnessed. The telling was a retelling, " -"because we had seen the events that were described. The genius of this awful " -"act of terrorism was that the delayed second attack was perfectly timed to " -"assure that the whole world would be watching." +"<emphasis role='strong'>When two planes</emphasis> crashed into the World " +"Trade Center, another into the Pentagon, and a fourth into a Pennsylvania " +"field, all media around the world shifted to this news. Every moment of just " +"about every day for that week, and for weeks after, television in " +"particular, and media generally, retold the story of the events we had just " +"witnessed. The telling was a retelling, because we had seen the events that " +"were described. The genius of this awful act of terrorism was that the " +"delayed second attack was perfectly timed to assure that the whole world " +"would be watching." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2130 +#: freeculture.xml:2301 msgid "" "These retellings had an increasingly familiar feel. There was music scored " "for the intermissions, and fancy graphics that flashed across the " -"screen. There was a formula to interviews. There was \"balance,\" and " -"seriousness. This was news choreographed in the way we have increasingly " -"come to expect it, \"news as entertainment,\" even if the entertainment is " -"tragedy." +"screen. There was a formula to interviews. There was <quote>balance,</quote> " +"and seriousness. This was news choreographed in the way we have increasingly " +"come to expect it, <quote>news as entertainment,</quote> even if the " +"entertainment is tragedy." msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:2137 freeculture.xml:7893 freeculture.xml:8130 +#: freeculture.xml:2308 freeculture.xml:8683 freeculture.xml:8903 msgid "ABC" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:2138 +#: freeculture.xml:2309 msgid "CBS" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2140 +#: freeculture.xml:2311 msgid "" -"But in addition to this produced news about the \"tragedy of September 11,\" " -"those of us tied to the Internet came to see a very different production as " -"well. The Internet was filled with accounts of the same events. Yet these " -"Internet accounts had a very different flavor. Some people constructed photo " -"pages that captured images from around the world and presented them as slide " -"shows with text. Some offered open letters. There were sound " -"recordings. There was anger and frustration. There were attempts to provide " -"context. There was, in short, an extraordinary worldwide barn raising, in " -"the sense Mike Godwin uses the term in his book <citetitle>Cyber " +"But in addition to this produced news about the <quote>tragedy of September " +"11,</quote> those of us tied to the Internet came to see a very different " +"production as well. The Internet was filled with accounts of the same " +"events. Yet these Internet accounts had a very different flavor. Some people " +"constructed photo pages that captured images from around the world and " +"presented them as slide shows with text. Some offered open letters. There " +"were sound recordings. There was anger and frustration. There were attempts " +"to provide context. There was, in short, an extraordinary worldwide barn " +"raising, in the sense Mike Godwin uses the term in his book <citetitle>Cyber " "Rights</citetitle>, around a news event that had captured the attention of " "the world. There was ABC and CBS, but there was also the Internet." msgstr "" #. PAGE BREAK 54 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2154 +#: freeculture.xml:2326 msgid "" "I don't mean simply to praise the Internet—though I do think the " "people who supported this form of speech should be praised. I mean instead " "to point to a significance in this form of speech. For like a Kodak, the " "Internet enables people to capture images. And like in a movie by a student " -"on the \"Just Think!\" bus, the visual images could be mixed with sound or " -"text." +"on the <quote>Just Think!</quote> bus, the visual images could be mixed with " +"sound or text." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2164 +#: freeculture.xml:2336 msgid "" "But unlike any technology for simply capturing images, the Internet allows " "these creations to be shared with an extraordinary number of people, " @@ -2790,8 +3323,23 @@ msgid "" "practically instantaneously." msgstr "" +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:2345 freeculture.xml:2440 freeculture.xml:2579 +msgid "blogs (Web-logs)" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2346 freeculture.xml:2442 +msgid "blogs on" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2347 freeculture.xml:2443 +msgid "Web-logs (blogs)" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2173 +#: freeculture.xml:2349 msgid "" "September 11 was not an aberration. It was a beginning. Around the same " "time, a form of communication that has grown dramatically was just beginning " @@ -2802,8 +3350,18 @@ msgid "" "Springer</citetitle>, available anywhere in the world." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2357 freeculture.xml:2426 +msgid "political discourse" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2358 +msgid "public discourse conducted on" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2182 +#: freeculture.xml:2360 msgid "" "But in the United States, blogs have taken on a very different character. " "There are some who use the space simply to talk about their private " @@ -2818,9 +3376,14 @@ msgid "" "most important form of unchoreographed public discourse that we have." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2374 +msgid "elections" +msgstr "" + #. PAGE BREAK 55 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2196 +#: freeculture.xml:2377 msgid "" "That's a strong statement. Yet it says as much about our democracy as it " "does about blogs. This is the part of America that is most difficult for " @@ -2831,9 +3394,24 @@ msgid "" "and routinized. Most of us think this is democracy." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2390 +msgid "Tocqueville, Alexis de" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2391 +msgid "public discourse in" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2392 +msgid "jury system" +msgstr "" + #. f15 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2222 +#: freeculture.xml:2409 msgid "" "See, for example, Alexis de Tocqueville, <citetitle>Democracy in " "America</citetitle>, bk. 1, trans. Henry Reeve (New York: Bantam Books, " @@ -2841,52 +3419,53 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2207 +#: freeculture.xml:2394 msgid "" "But democracy has never just been about elections. Democracy means rule by " "the people, but rule means something more than mere elections. In our " "tradition, it also means control through reasoned discourse. This was the " "idea that captured the imagination of Alexis de Tocqueville, the " "nineteenth-century French lawyer who wrote the most important account of " -"early \"Democracy in America.\" It wasn't popular elections that fascinated " -"him—it was the jury, an institution that gave ordinary people the " -"right to choose life or death for other citizens. And most fascinating for " -"him was that the jury didn't just vote about the outcome they would " -"impose. They deliberated. Members argued about the \"right\" result; they " -"tried to persuade each other of the \"right\" result, and in criminal cases " -"at least, they had to agree upon a unanimous result for the process to come " -"to an end.<placeholder type=\"footnote\" id=\"0\"/>" +"early <quote>Democracy in America.</quote> It wasn't popular elections that " +"fascinated him—it was the jury, an institution that gave ordinary " +"people the right to choose life or death for other citizens. And most " +"fascinating for him was that the jury didn't just vote about the outcome " +"they would impose. They deliberated. Members argued about the " +"<quote>right</quote> result; they tried to persuade each other of the " +"<quote>right</quote> result, and in criminal cases at least, they had to " +"agree upon a unanimous result for the process to come to an end.<placeholder " +"type=\"footnote\" id=\"0\"/>" msgstr "" #. f16 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2231 +#: freeculture.xml:2419 msgid "" -"Bruce Ackerman and James Fishkin, \"Deliberation Day,\" <citetitle>Journal " -"of Political Philosophy</citetitle> 10 (2) (2002): 129." +"Bruce Ackerman and James Fishkin, <quote>Deliberation Day,</quote> " +"<citetitle>Journal of Political Philosophy</citetitle> 10 (2) (2002): 129." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2227 +#: freeculture.xml:2415 msgid "" "Yet even this institution flags in American life today. And in its place, " "there is no systematic effort to enable citizen deliberation. Some are " "pushing to create just such an institution.<placeholder type=\"footnote\" " "id=\"0\"/> And in some towns in New England, something close to deliberation " "remains. But for most of us for most of the time, there is no time or place " -"for \"democratic deliberation\" to occur." +"for <quote>democratic deliberation</quote> to occur." msgstr "" #. f17 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2246 +#: freeculture.xml:2435 msgid "" "Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton " "University Press, 2001), 65–80, 175, 182, 183, 192." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2239 +#: freeculture.xml:2428 msgid "" "More bizarrely, there is generally not even permission for it to occur. We, " "the most powerful democracy in the world, have developed a strong norm " @@ -2897,9 +3476,14 @@ msgid "" "our friends want to hear, and hear very little beyond what our friends say." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2441 +msgid "e-mail" +msgstr "" + #. PAGE BREAK 56 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2252 +#: freeculture.xml:2448 msgid "" "Enter the blog. The blog's very architecture solves one part of this " "problem. People post when they want to post, and people read when they want " @@ -2910,7 +3494,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2263 +#: freeculture.xml:2459 msgid "" "But beyond architecture, blogs also have solved the problem of " "norms. There's no norm (yet) in blog space not to talk about politics. " @@ -2920,51 +3504,70 @@ msgid "" "political cover political issues when the occasion merits." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:2275 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2466 msgid "Dean, Howard" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2271 +#: freeculture.xml:2468 msgid "" "The significance of these blogs is tiny now, though not so tiny. The name " "Howard Dean may well have faded from the 2004 presidential race but for " "blogs. Yet even if the number of readers is small, the reading is having an " -"effect. <placeholder type=\"indexterm\" id=\"0\"/>" +"effect." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2473 +msgid "Lott, Trent" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2474 +msgid "Thurmond, Strom" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2475 +msgid "blog pressure on" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2476 +msgid "news events on" msgstr "" #. f18 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2289 +#: freeculture.xml:2489 msgid "" -"Noah Shachtman, \"With Incessant Postings, a Pundit Stirs the Pot,\" New " -"York Times, 16 January 2003, G5." -msgstr "" - -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:2292 -msgid "Lott, Trent" +"Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the " +"Pot,</quote> New York Times, 16 January 2003, G5." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2278 +#: freeculture.xml:2478 msgid "" "One direct effect is on stories that had a different life cycle in the " "mainstream media. The Trent Lott affair is an example. When Lott " -"\"misspoke\" at a party for Senator Strom Thurmond, essentially praising " -"Thurmond's segregationist policies, he calculated correctly that this story " -"would disappear from the mainstream press within forty-eight hours. It " -"did. But he didn't calculate its life cycle in blog space. The bloggers kept " -"researching the story. Over time, more and more instances of the same " -"\"misspeaking\" emerged. Finally, the story broke back into the mainstream " -"press. In the end, Lott was forced to resign as senate majority " -"leader.<placeholder type=\"footnote\" id=\"0\"/> <placeholder " -"type=\"indexterm\" id=\"1\"/>" +"<quote>misspoke</quote> at a party for Senator Strom Thurmond, essentially " +"praising Thurmond's segregationist policies, he calculated correctly that " +"this story would disappear from the mainstream press within forty-eight " +"hours. It did. But he didn't calculate its life cycle in blog space. The " +"bloggers kept researching the story. Over time, more and more instances of " +"the same <quote>misspeaking</quote> emerged. Finally, the story broke back " +"into the mainstream press. In the end, Lott was forced to resign as senate " +"majority leader.<placeholder type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2493 freeculture.xml:2527 +msgid "commercial imperatives of" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2295 +#: freeculture.xml:2495 msgid "" "This different cycle is possible because the same commercial pressures don't " "exist with blogs as with other ventures. Television and newspapers are " @@ -2972,8 +3575,13 @@ msgid "" "readers, they lose revenue. Like sharks, they must move on." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2502 +msgid "peer-generated rankings on" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2302 +#: freeculture.xml:2504 msgid "" "But bloggers don't have a similar constraint. They can obsess, they can " "focus, they can get serious. If a particular blogger writes a particularly " @@ -2984,37 +3592,47 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:2311 +#: freeculture.xml:2513 +msgid "journalism" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2514 msgid "Winer, Dave" msgstr "" #. PAGE BREAK 57 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2314 +#: freeculture.xml:2516 msgid "" "There's a second way, as well, in which blogs have a different cycle from " "the mainstream press. As Dave Winer, one of the fathers of this movement and " "a software author for many decades, told me, another difference is the " -"absence of a financial \"conflict of interest.\" \"I think you have to take " -"the conflict of interest\" out of journalism, Winer told me. \"An amateur " -"journalist simply doesn't have a conflict of interest, or the conflict of " -"interest is so easily disclosed that you know you can sort of get it out of " -"the way.\"" +"absence of a financial <quote>conflict of interest.</quote> <quote>I think " +"you have to take the conflict of interest</quote> out of journalism, Winer " +"told me. <quote>An amateur journalist simply doesn't have a conflict of " +"interest, or the conflict of interest is so easily disclosed that you know " +"you can sort of get it out of the way.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:2324 freeculture.xml:2377 +#: freeculture.xml:2526 freeculture.xml:2576 msgid "CNN" msgstr "" +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:2528 freeculture.xml:2577 freeculture.xml:5940 +msgid "Iraq war" +msgstr "" + #. f19 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2332 +#: freeculture.xml:2537 msgid "Telephone interview with David Winer, 16 April 2003." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2326 +#: freeculture.xml:2531 msgid "" "These conflicts become more important as media becomes more concentrated " "(more on this below). A concentrated media can hide more from the public " @@ -3026,75 +3644,84 @@ msgid "" "uplink with a reporter in Iraq. The New York headquarters was telling the " "reporter over and over that her account of the war was too bleak: She needed " "to offer a more optimistic story. When she told New York that wasn't " -"warranted, they told her <emphasis>that</emphasis> they were writing \"the " -"story.\")" +"warranted, they told her that <emphasis>they</emphasis> were writing " +"<quote>the story.</quote>)" msgstr "" #. f20 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2350 +#: freeculture.xml:2557 msgid "" -"John Schwartz, \"Loss of the Shuttle: The Internet; A Wealth of Information " -"Online,\" <citetitle>New York Times</citetitle>, 2 February 2003, A28; Staci " -"D. Kramer, \"Shuttle Disaster Coverage Mixed, but Strong Overall,\" Online " -"Journalism Review, 2 February 2003, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #10</ulink>." +"John Schwartz, <quote>Loss of the Shuttle: The Internet; A Wealth of " +"Information Online,</quote> <citetitle>New York Times</citetitle>, 2 " +"February 2003, A28; Staci D. Kramer, <quote>Shuttle Disaster Coverage Mixed, " +"but Strong Overall,</quote> Online Journalism Review, 2 February 2003, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #10</ulink>." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2342 +#: freeculture.xml:2549 msgid "" -"Blog space gives amateurs a way to enter the debate—\"amateur\" not in " -"the sense of inexperienced, but in the sense of an Olympic athlete, meaning " -"not paid by anyone to give their reports. It allows for a much broader range " -"of input into a story, as reporting on the Columbia disaster revealed, when " -"hundreds from across the southwest United States turned to the Internet to " -"retell what they had seen.<placeholder type=\"footnote\" id=\"0\"/> And it " -"drives readers to read across the range of accounts and \"triangulate,\" as " -"Winer puts it, the truth. Blogs, Winer says, are \"communicating directly " -"with our constituency, and the middle man is out of it\"—with all the " +"Blog space gives amateurs a way to enter the " +"debate—<quote>amateur</quote> not in the sense of inexperienced, but " +"in the sense of an Olympic athlete, meaning not paid by anyone to give their " +"reports. It allows for a much broader range of input into a story, as " +"reporting on the Columbia disaster revealed, when hundreds from across the " +"southwest United States turned to the Internet to retell what they had " +"seen.<placeholder type=\"footnote\" id=\"0\"/> And it drives readers to read " +"across the range of accounts and <quote>triangulate,</quote> as Winer puts " +"it, the truth. Blogs, Winer says, are <quote>communicating directly with our " +"constituency, and the middle man is out of it</quote>—with all the " "benefits, and costs, that might entail." msgstr "" +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:2578 +msgid "Olafson, Steve" +msgstr "" + #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2369 -msgid "" -"See Michael Falcone, \"Does an Editor's Pencil Ruin a Web Log?\" " -"<citetitle>New York Times</citetitle>, 29 September 2003, C4. (\"Not all " -"news organizations have been as accepting of employees who blog. Kevin " -"Sites, a CNN correspondent in Iraq who started a blog about his reporting of " -"the war on March 9, stopped posting 12 days later at his bosses' " -"request. Last year Steve Olafson, a <citetitle>Houston Chronicle</citetitle> " -"reporter, was fired for keeping a personal Web log, published under a " -"pseudonym, that dealt with some of the issues and people he was covering.\") " -"<placeholder type=\"indexterm\" id=\"0\"/>" +#: freeculture.xml:2576 +msgid "" +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> <placeholder " +"type=\"indexterm\" id=\"3\"/> See Michael Falcone, <quote>Does an Editor's " +"Pencil Ruin a Web Log?</quote> <citetitle>New York Times</citetitle>, 29 " +"September 2003, C4. (<quote>Not all news organizations have been as " +"accepting of employees who blog. Kevin Sites, a CNN correspondent in Iraq " +"who started a blog about his reporting of the war on March 9, stopped " +"posting 12 days later at his bosses' request. Last year Steve Olafson, a " +"<citetitle>Houston Chronicle</citetitle> reporter, was fired for keeping a " +"personal Web log, published under a pseudonym, that dealt with some of the " +"issues and people he was covering.</quote>)" msgstr "" #. PAGE BREAK 58 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2362 +#: freeculture.xml:2569 msgid "" "Winer is optimistic about the future of journalism infected with " -"blogs. \"It's going to become an essential skill,\" Winer predicts, for " -"public figures and increasingly for private figures as well. It's not clear " -"that \"journalism\" is happy about this—some journalists have been " -"told to curtail their blogging.<placeholder type=\"footnote\" id=\"0\"/> But " -"it is clear that we are still in transition. \"A lot of what we are doing " -"now is warm-up exercises,\" Winer told me. There is a lot that must mature " -"before this space has its mature effect. And as the inclusion of content in " -"this space is the least infringing use of the Internet (meaning infringing " -"on copyright), Winer said, \"we will be the last thing that gets shut " -"down.\"" -msgstr "" - -#. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2389 -msgid "" -"This speech affects democracy. Winer thinks that happens because \"you don't " -"have to work for somebody who controls, [for] a gatekeeper.\" That is " -"true. But it affects democracy in another way as well. As more and more " -"citizens express what they think, and defend it in writing, that will change " -"the way people understand public issues. It is easy to be wrong and " +"blogs. <quote>It's going to become an essential skill,</quote> Winer " +"predicts, for public figures and increasingly for private figures as " +"well. It's not clear that <quote>journalism</quote> is happy about " +"this—some journalists have been told to curtail their " +"blogging.<placeholder type=\"footnote\" id=\"0\"/> But it is clear that we " +"are still in transition. <quote>A lot of what we are doing now is warm-up " +"exercises,</quote> Winer told me. There is a lot that must mature before " +"this space has its mature effect. And as the inclusion of content in this " +"space is the least infringing use of the Internet (meaning infringing on " +"copyright), Winer said, <quote>we will be the last thing that gets shut " +"down.</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2600 +msgid "" +"This speech affects democracy. Winer thinks that happens because <quote>you " +"don't have to work for somebody who controls, [for] a gatekeeper.</quote> " +"That is true. But it affects democracy in another way as well. As more and " +"more citizens express what they think, and defend it in writing, that will " +"change the way people understand public issues. It is easy to be wrong and " "misguided in your head. It is harder when the product of your mind can be " "criticized by others. Of course, it is a rare human who admits that he has " "been persuaded that he is wrong. But it is even rarer for a human to ignore " @@ -3104,21 +3731,22 @@ msgid "" "something extraordinary to report." msgstr "" -#. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:2405 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:2621 freeculture.xml:6774 msgid "Brown, John Seely" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2408 +#: freeculture.xml:2624 msgid "" -"John Seely Brown is the chief scientist of the Xerox Corporation. His work, " -"as his Web site describes it, is \"human learning and . . . the creation of " -"knowledge ecologies for creating . . . innovation.\"" +"<emphasis role='strong'>John Seely Brown</emphasis> is the chief scientist " +"of the Xerox Corporation. His work, as his Web site describes it, is " +"<quote>human learning and … the creation of knowledge ecologies for " +"creating … innovation.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2413 +#: freeculture.xml:2630 msgid "" "Brown thus looks at these technologies of digital creativity a bit " "differently from the perspectives I've sketched so far. I'm sure he would be " @@ -3128,21 +3756,22 @@ msgstr "" #. PAGE BREAK 59 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2420 +#: freeculture.xml:2637 msgid "" -"As Brown believes, we learn by tinkering. When \"a lot of us grew up,\" he " -"explains, that tinkering was done \"on motorcycle engines, lawnmower " -"engines, automobiles, radios, and so on.\" But digital technologies enable a " -"different kind of tinkering—with abstract ideas though in concrete " -"form. The kids at Just Think! not only think about how a commercial portrays " -"a politician; using digital technology, they can take the commercial apart " -"and manipulate it, tinker with it to see how it does what it does. Digital " -"technologies launch a kind of bricolage, or \"free collage,\" as Brown calls " -"it. Many get to add to or transform the tinkering of many others." +"As Brown believes, we learn by tinkering. When <quote>a lot of us grew " +"up,</quote> he explains, that tinkering was done <quote>on motorcycle " +"engines, lawnmower engines, automobiles, radios, and so on.</quote> But " +"digital technologies enable a different kind of tinkering—with " +"abstract ideas though in concrete form. The kids at Just Think! not only " +"think about how a commercial portrays a politician; using digital " +"technology, they can take the commercial apart and manipulate it, tinker " +"with it to see how it does what it does. Digital technologies launch a kind " +"of bricolage, or <quote>free collage,</quote> as Brown calls it. Many get to " +"add to or transform the tinkering of many others." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2433 +#: freeculture.xml:2650 msgid "" "The best large-scale example of this kind of tinkering so far is free " "software or open-source software (FS/OSS). FS/OSS is software whose source " @@ -3152,44 +3781,46 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2440 +#: freeculture.xml:2657 msgid "" -"This opportunity creates a \"completely new kind of learning platform,\" as " -"Brown describes. \"As soon as you start doing that, you . . . unleash a " -"free collage on the community, so that other people can start looking at " -"your code, tinkering with it, trying it out, seeing if they can improve " -"it.\" Each effort is a kind of apprenticeship. \"Open source becomes a major " -"apprenticeship platform.\"" +"This opportunity creates a <quote>completely new kind of learning " +"platform,</quote> as Brown describes. <quote>As soon as you start doing " +"that, you … unleash a free collage on the community, so that other " +"people can start looking at your code, tinkering with it, trying it out, " +"seeing if they can improve it.</quote> Each effort is a kind of " +"apprenticeship. <quote>Open source becomes a major apprenticeship " +"platform.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2448 +#: freeculture.xml:2665 msgid "" -"In this process, \"the concrete things you tinker with are abstract. They " -"are code.\" Kids are \"shifting to the ability to tinker in the abstract, " -"and this tinkering is no longer an isolated activity that you're doing in " -"your garage. You are tinkering with a community platform. . . . You are " -"tinkering with other people's stuff. The more you tinker the more you " -"improve.\" The more you improve, the more you learn." +"In this process, <quote>the concrete things you tinker with are abstract. " +"They are code.</quote> Kids are <quote>shifting to the ability to tinker in " +"the abstract, and this tinkering is no longer an isolated activity that " +"you're doing in your garage. You are tinkering with a community " +"platform. … You are tinkering with other people's stuff. The more you " +"tinker the more you improve.</quote> The more you improve, the more you " +"learn." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2457 +#: freeculture.xml:2674 msgid "" "This same thing happens with content, too. And it happens in the same " "collaborative way when that content is part of the Web. As Brown puts it, " -"\"the Web [is] the first medium that truly honors multiple forms of " -"intelligence.\" Earlier technologies, such as the typewriter or word " +"<quote>the Web [is] the first medium that truly honors multiple forms of " +"intelligence.</quote> Earlier technologies, such as the typewriter or word " "processors, helped amplify text. But the Web amplifies much more than " -"text. \"The Web . . . says if you are musical, if you are artistic, if you " -"are visual, if you are interested in film . . . [then] there is a lot you " -"can start to do on this medium. [It] can now amplify and honor these " -"multiple forms of intelligence.\"" +"text. <quote>The Web … says if you are musical, if you are artistic, " +"if you are visual, if you are interested in film … [then] there is a " +"lot you can start to do on this medium. [It] can now amplify and honor these " +"multiple forms of intelligence.</quote>" msgstr "" #. PAGE BREAK 60 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2469 +#: freeculture.xml:2687 msgid "" "Brown is talking about what Elizabeth Daley, Stephanie Barish, and Just " "Think! teach: that this tinkering with culture teaches as well as " @@ -3198,7 +3829,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2477 +#: freeculture.xml:2695 msgid "" "Yet the freedom to tinker with these objects is not guaranteed. Indeed, as " "we'll see through the course of this book, that freedom is increasingly " @@ -3211,47 +3842,47 @@ msgstr "" #. f22 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2493 +#: freeculture.xml:2711 msgid "" -"See, for example, Edward Felten and Andrew Appel, \"Technological Access " -"Control Interferes with Noninfringing Scholarship,\" " +"See, for example, Edward Felten and Andrew Appel, <quote>Technological " +"Access Control Interferes with Noninfringing Scholarship,</quote> " "<citetitle>Communications of the Association for Computer " "Machinery</citetitle> 43 (2000): 9." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2486 +#: freeculture.xml:2704 msgid "" "These restrictions have become the focus of researchers and scholars. " "Professor Ed Felten of Princeton (whom we'll see more of in chapter <xref " "xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>) has developed a " -"powerful argument in favor of the \"right to tinker\" as it applies to " -"computer science and to knowledge in general.<placeholder type=\"footnote\" " -"id=\"0\"/> But Brown's concern is earlier, or younger, or more " -"fundamental. It is about the learning that kids can do, or can't do, because " -"of the law." +"powerful argument in favor of the <quote>right to tinker</quote> as it " +"applies to computer science and to knowledge in general.<placeholder " +"type=\"footnote\" id=\"0\"/> But Brown's concern is earlier, or younger, or " +"more fundamental. It is about the learning that kids can do, or can't do, " +"because of the law." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2501 +#: freeculture.xml:2719 msgid "" -"\"This is where education in the twenty-first century is going,\" Brown " -"explains. We need to \"understand how kids who grow up digital think and " -"want to learn.\"" +"<quote>This is where education in the twenty-first century is going,</quote> " +"Brown explains. We need to <quote>understand how kids who grow up digital " +"think and want to learn.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2506 +#: freeculture.xml:2724 msgid "" -"\"Yet,\" as Brown continued, and as the balance of this book will evince, " -"\"we are building a legal system that completely suppresses the natural " -"tendencies of today's digital kids. . . . We're building an architecture " -"that unleashes 60 percent of the brain [and] a legal system that closes down " -"that part of the brain.\"" +"<quote>Yet,</quote> as Brown continued, and as the balance of this book will " +"evince, <quote>we are building a legal system that completely suppresses the " +"natural tendencies of today's digital kids. … We're building an " +"architecture that unleashes 60 percent of the brain [and] a legal system " +"that closes down that part of the brain.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2514 +#: freeculture.xml:2732 msgid "" "We're building a technology that takes the magic of Kodak, mixes moving " "images and sound, and adds a space for commentary and an opportunity to " @@ -3260,30 +3891,66 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2520 +#: freeculture.xml:2738 msgid "" -"\"No way to run a culture,\" as Brewster Kahle, whom we'll meet in chapter " -"<xref xrefstyle=\"select: labelnumber\" linkend=\"collectors\"/>, quipped to " -"me in a rare moment of despondence." +"<quote>No way to run a culture,</quote> as Brewster Kahle, whom we'll meet " +"in chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"collectors\"/>, " +"quipped to me in a rare moment of despondence." +msgstr "" + +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:2745 +msgid "Chapter Three: Catalogs" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:2746 freeculture.xml:2789 freeculture.xml:9647 +msgid "Jordan, Jesse" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2747 +msgid "RPI" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2747 freeculture.xml:2748 freeculture.xml:2749 +msgid "Rensselaer Polytechnic Institute (RPI)" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2749 +msgid "computer network search engine of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2750 +msgid "search engines" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2751 +msgid "university computer networks, p2p sharing on" msgstr "" -#. type: Content of: <book><part><chapter><title> -#: freeculture.xml:2527 -msgid "CHAPTER THREE: Catalogs" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2752 +msgid "search engines used on" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2529 +#: freeculture.xml:2754 msgid "" -"In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as a " -"freshman at Rensselaer Polytechnic Institute, in Troy, New York. His major " -"at RPI was information technology. Though he is not a programmer, in October " -"Jesse decided to begin to tinker with search engine technology that was " -"available on the RPI network." +"<emphasis role='strong'>In the fall</emphasis> of 2002, Jesse Jordan of " +"Oceanside, New York, enrolled as a freshman at Rensselaer Polytechnic " +"Institute, in Troy, New York. His major at RPI was information " +"technology. Though he is not a programmer, in October Jesse decided to begin " +"to tinker with search engine technology that was available on the RPI " +"network." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2536 +#: freeculture.xml:2762 msgid "" "RPI is one of America's foremost technological research institutions. It " "offers degrees in fields ranging from architecture and engineering to " @@ -3294,7 +3961,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2544 +#: freeculture.xml:2770 msgid "" "RPI's computer network links students, faculty, and administration to one " "another. It also links RPI to the Internet. Not everything available on the " @@ -3303,22 +3970,38 @@ msgid "" "access to other members of the RPI community." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2776 freeculture.xml:2831 +msgid "Google" +msgstr "" + #. PAGE BREAK 62 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2551 +#: freeculture.xml:2778 msgid "" "Search engines are a measure of a network's intimacy. Google brought the " "Internet much closer to all of us by fantastically improving the quality of " "search on the network. Specialty search engines can do this even better. The " -"idea of \"intranet\" search engines, search engines that search within the " -"network of a particular institution, is to provide users of that institution " -"with better 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." +"idea of <quote>intranet</quote> search engines, search engines that search " +"within the network of a particular institution, is to provide users of that " +"institution with better 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." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:2790 freeculture.xml:3707 freeculture.xml:3709 freeculture.xml:3710 freeculture.xml:5529 freeculture.xml:8215 freeculture.xml:13563 freeculture.xml:13632 +msgid "Microsoft" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2790 +msgid "network file system of" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2563 +#: freeculture.xml:2792 msgid "" "These engines are enabled by the network technology itself. Microsoft, for " "example, has a network file system that makes it very easy for search " @@ -3329,7 +4012,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2572 +#: freeculture.xml:2802 msgid "" "Jesse's wasn't the first search engine built for the RPI network. Indeed, " "his engine was a simple modification of engines that others had built. His " @@ -3343,7 +4026,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2584 +#: freeculture.xml:2815 msgid "" "Jesse's engine went on-line in late October. Over the following six months, " "he continued to tweak it to improve its functionality. By March, the system " @@ -3354,7 +4037,7 @@ msgstr "" #. PAGE BREAK 63 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2591 +#: freeculture.xml:2823 msgid "" "Thus the index his search engine produced included pictures, which students " "could use to put on their own Web sites; copies of notes or research; copies " @@ -3363,8 +4046,13 @@ msgid "" "made available in a public folder of their computer." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2832 +msgid "tinkering as means of" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2600 +#: freeculture.xml:2834 msgid "" "But the index also included music files. In fact, one quarter of the files " "that Jesse's search engine listed were music files. But that means, of " @@ -3380,8 +4068,38 @@ msgid "" "supposed to do." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:2848 freeculture.xml:9645 freeculture.xml:9922 +msgid "in recording industry" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2849 +msgid "against student file sharing" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:2850 freeculture.xml:2948 freeculture.xml:3201 freeculture.xml:3330 freeculture.xml:4283 freeculture.xml:4284 freeculture.xml:4285 freeculture.xml:9923 freeculture.xml:10334 freeculture.xml:10335 freeculture.xml:10336 freeculture.xml:10492 +msgid "recording industry" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:2850 freeculture.xml:9923 +msgid "copyright infringement lawsuits of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:2851 freeculture.xml:2880 freeculture.xml:2949 freeculture.xml:9924 freeculture.xml:10337 freeculture.xml:10338 freeculture.xml:10490 +msgid "Recording Industry Association of America (RIAA)" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:2851 freeculture.xml:9924 +msgid "copyright infringement lawsuits filed by" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2615 +#: freeculture.xml:2854 msgid "" "On April 3, 2003, Jesse was contacted by the dean of students at RPI. The " "dean informed Jesse that the Recording Industry Association of America, the " @@ -3392,60 +4110,95 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2624 +#: freeculture.xml:2863 msgid "" -"\"It was absurd,\" he told me. \"I don't think I did anything wrong. . . . " -"I don't think there's anything wrong with the search engine that I ran or " -". . . what I had done to it. I mean, I hadn't modified it in any way that " -"promoted or enhanced the work of pirates. I just modified the search engine " -"in a way that would make it easier to use\"—again, a <emphasis>search " -"engine</emphasis>, which Jesse had not himself built, using the Windows " -"filesharing system, which Jesse had not himself built, to enable members of " -"the RPI community to get access to content, which Jesse had not himself " -"created or posted, and the vast majority of which had nothing to do with " -"music." +"<quote>It was absurd,</quote> he told me. <quote>I don't think I did " +"anything wrong. … I don't think there's anything wrong with the " +"search engine that I ran or … what I had done to it. I mean, I hadn't " +"modified it in any way that promoted or enhanced the work of pirates. I just " +"modified the search engine in a way that would make it easier to " +"use</quote>—again, a <emphasis>search engine</emphasis>, which Jesse " +"had not himself built, using the Windows filesharing system, which Jesse had " +"not himself built, to enable members of the RPI community to get access to " +"content, which Jesse had not himself created or posted, and the vast " +"majority of which had nothing to do with music." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:2876 freeculture.xml:9644 freeculture.xml:9921 +msgid "exaggerated claims of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2877 +msgid "statutory damages of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2878 +msgid "individual defendants intimidated by" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2879 +msgid "statutory damages" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:2880 +msgid "intimidation tactics of" msgstr "" #. PAGE BREAK 64 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2637 +#: freeculture.xml:2882 msgid "" "But the RIAA branded Jesse a pirate. They claimed he operated a network and " -"had therefore \"willfully\" violated copyright laws. They demanded that he " -"pay them the damages for his wrong. For cases of \"willful infringement,\" " -"the Copyright Act specifies something lawyers call \"statutory damages.\" " -"These damages permit a copyright owner to claim $150,000 per " -"infringement. As the RIAA alleged more than one hundred specific copyright " -"infringements, they therefore demanded that Jesse pay them at least " -"$15,000,000." +"had therefore <quote>willfully</quote> violated copyright laws. They " +"demanded that he pay them the damages for his wrong. For cases of " +"<quote>willful infringement,</quote> the Copyright Act specifies something " +"lawyers call <quote>statutory damages.</quote> These damages permit a " +"copyright owner to claim $150,000 per infringement. As the RIAA alleged more " +"than one hundred specific copyright infringements, they therefore demanded " +"that Jesse pay them at least $15,000,000." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2892 +msgid "Michigan Technical University" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2893 +msgid "Princeton University" msgstr "" #. f1 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2660 +#: freeculture.xml:2907 msgid "" -"Tim Goral, \"Recording Industry Goes After Campus P-2-P Networks: Suit " -"Alleges $97.8 Billion in Damages,\" <citetitle>Professional Media Group " -"LCC</citetitle> 6 (2003): 5, available at 2003 WL 55179443." +"Tim Goral, <quote>Recording Industry Goes After Campus P-2-P Networks: Suit " +"Alleges $97.8 Billion in Damages,</quote> <citetitle>Professional Media " +"Group LCC</citetitle> 6 (2003): 5, available at 2003 WL 55179443." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2648 +#: freeculture.xml:2895 msgid "" "Similar lawsuits were brought against three other students: one other " "student at RPI, one at Michigan Technical University, and one at " "Princeton. Their situations were similar to Jesse's. Though each case was " "different in detail, the bottom line in each was exactly the same: huge " -"demands for \"damages\" that the RIAA claimed it was entitled to. If you " -"added up the claims, these four lawsuits were asking courts in the United " -"States to award the plaintiffs close to $100 " +"demands for <quote>damages</quote> that the RIAA claimed it was entitled " +"to. If you added up the claims, these four lawsuits were asking courts in " +"the United States to award the plaintiffs close to $100 " "<emphasis>billion</emphasis>—six times the <emphasis>total</emphasis> " "profit of the film industry in 2001.<placeholder type=\"footnote\" " "id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2666 +#: freeculture.xml:2914 msgid "" "Jesse called his parents. They were supportive but a bit frightened. An " "uncle was a lawyer. He began negotiations with the RIAA. They demanded to " @@ -3453,22 +4206,33 @@ msgid "" "other employment. They demanded $12,000 to dismiss the case." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2920 +msgid "Oppenheimer, Matt" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2673 +#: freeculture.xml:2922 msgid "" "The RIAA wanted Jesse to admit to doing something wrong. He refused. They " "wanted him to agree to an injunction that would essentially make it " "impossible for him to work in many fields of technology for the rest of his " "life. He refused. They made him understand that this process of being sued " "was not going to be pleasant. (As Jesse's father recounted to me, the chief " -"lawyer on the case, Matt Oppenheimer, told Jesse, \"You don't want to pay " -"another visit to a dentist like me.\") And throughout, the RIAA insisted it " -"would not settle the case until it took every penny Jesse had saved." +"lawyer on the case, Matt Oppenheimer, told Jesse, <quote>You don't want to " +"pay another visit to a dentist like me.</quote>) And throughout, the RIAA " +"insisted it would not settle the case until it took every penny Jesse had " +"saved." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2932 +msgid "legal system, attorney costs in" msgstr "" #. PAGE BREAK 65 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2684 +#: freeculture.xml:2934 msgid "" "Jesse's family was outraged at these claims. They wanted to fight. But " "Jesse's uncle worked to educate the family about the nature of the American " @@ -3480,15 +4244,35 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2694 +#: freeculture.xml:2944 msgid "" "So Jesse faced a mafia-like choice: $250,000 and a chance at winning, or " "$12,000 and a settlement." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:2947 freeculture.xml:3331 freeculture.xml:4276 freeculture.xml:5538 freeculture.xml:5587 freeculture.xml:10232 freeculture.xml:10330 freeculture.xml:10491 freeculture.xml:10514 freeculture.xml:15213 freeculture.xml:15278 +msgid "artists" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:2947 freeculture.xml:3331 freeculture.xml:4276 freeculture.xml:10232 freeculture.xml:10330 freeculture.xml:10491 freeculture.xml:10514 freeculture.xml:15213 freeculture.xml:15278 +msgid "recording industry payments to" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:2948 freeculture.xml:4283 freeculture.xml:10334 freeculture.xml:10492 +msgid "artist remuneration in" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:2949 freeculture.xml:10338 +msgid "lobbying power of" +msgstr "" + #. f2 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2706 +#: freeculture.xml:2959 msgid "" "Occupational Employment Survey, U.S. Dept. of Labor (2001) " "(27–2042—Musicians and Singers). See also National Endowment for " @@ -3497,14 +4281,15 @@ msgstr "" #. f3 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:2714 +#: freeculture.xml:2967 msgid "" -"Douglas Lichtman makes a related point in \"KaZaA and Punishment,\" " -"<citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24." +"Douglas Lichtman makes a related point in <quote>KaZaA and " +"Punishment,</quote> <citetitle>Wall Street Journal</citetitle>, 10 September " +"2003, A24." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2698 +#: freeculture.xml:2951 msgid "" "The recording industry insists this is a matter of law and morality. Let's " "put the law aside for a moment and think about the morality. Where is the " @@ -3518,7 +4303,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2719 +#: freeculture.xml:2974 msgid "" "On June 23, Jesse wired his savings to the lawyer working for the RIAA. The " "case against him was then dismissed. And with this, this kid who had " @@ -3526,76 +4311,82 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:2726 +#: freeculture.xml:2981 msgid "" "I was definitely not an activist [before]. I never really meant to be an " -"activist. . . . [But] I've been pushed into this. In no way did I ever " +"activist. … [But] I've been pushed into this. In no way did I ever " "foresee anything like this, but I think it's just completely absurd what the " "RIAA has done." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2733 +#: freeculture.xml:2988 msgid "" "Jesse's parents betray a certain pride in their reluctant activist. As his " -"father told me, Jesse \"considers himself very conservative, and so do " -"I. . . . He's not a tree hugger. . . . I think it's bizarre that they would " -"pick on him. But he wants to let people know that they're sending the wrong " -"message. And he wants to correct the record.\"" +"father told me, Jesse <quote>considers himself very conservative, and so do " +"I. … He's not a tree hugger. … I think it's bizarre that they " +"would pick on him. But he wants to let people know that they're sending the " +"wrong message. And he wants to correct the record.</quote>" msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:2742 -msgid "CHAPTER FOUR: \"Pirates\"" +#: freeculture.xml:3003 +msgid "Chapter Four: <quote>Pirates</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:3004 +msgid "in development of content industry" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:2744 +#: freeculture.xml:3007 msgid "" -"If \"piracy\" means using the creative property of others without their " -"permission—if \"if value, then right\" is true—then the history " -"of the content industry is a history of piracy. Every important sector of " -"\"big media\" today—film, records, radio, and cable TV—was born " +"<emphasis role='strong'>If <quote>piracy</quote> means</emphasis> using the " +"creative property of others without their permission—if <quote>if " +"value, then right</quote> is true—then the history of the content " +"industry is a history of piracy. Every important sector of <quote>big " +"media</quote> today—film, records, radio, and cable TV—was born " "of a kind of piracy so defined. The consistent story is how last " "generation's pirates join this generation's country club—until now." msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:2752 +#: freeculture.xml:3018 msgid "Film" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2756 +#: freeculture.xml:3022 msgid "" -"I am grateful to Peter DiMauro for pointing me to this extraordinary " -"history. See also Siva Vaidhyanathan, <citetitle>Copyrights and " -"Copywrongs</citetitle>, 87–93, which details Edison's \"adventures\" " -"with copyright and patent. <placeholder type=\"indexterm\" id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> I am grateful to Peter DiMauro " +"for pointing me to this extraordinary history. See also Siva Vaidhyanathan, " +"<citetitle>Copyrights and Copywrongs</citetitle>, 87–93, which details " +"Edison's <quote>adventures</quote> with copyright and patent." msgstr "" #. PAGE BREAK 67 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2754 +#: freeculture.xml:3020 msgid "" "The film industry of Hollywood was built by fleeing pirates.<placeholder " "type=\"footnote\" id=\"0\"/> Creators and directors migrated from the East " "Coast to California in the early twentieth century in part to escape " "controls that patents granted the inventor of filmmaking, Thomas " -"Edison. These controls were exercised through a monopoly \"trust,\" the " -"Motion Pictures Patents Company, and were based on Thomas Edison's creative " -"property—patents. Edison formed the MPPC to exercise the rights this " -"creative property gave him, and the MPPC was serious about the control it " -"demanded." +"Edison. These controls were exercised through a monopoly " +"<quote>trust,</quote> the Motion Pictures Patents Company, and were based on " +"Thomas Edison's creative property—patents. Edison formed the MPPC to " +"exercise the rights this creative property gave him, and the MPPC was " +"serious about the control it demanded." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2772 +#: freeculture.xml:3038 msgid "As one commentator tells one part of the story," msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:2776 +#: freeculture.xml:3042 msgid "" "A January 1909 deadline was set for all companies to comply with the " "license. By February, unlicensed outlaws, who referred to themselves as " @@ -3605,34 +4396,44 @@ msgid "" "imported film stock to create their own underground market." msgstr "" -#. f2 -#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:2796 -msgid "" -"J. A. Aberdeen, <citetitle>Hollywood Renegades: The Society of Independent " -"Motion Picture Producers</citetitle> (Cobblestone Entertainment, 2000) and " -"expanded texts posted at \"The Edison Movie Monopoly: The Motion Picture " -"Patents Company vs. the Independent Outlaws,\" available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #11</ulink>. For a discussion of " -"the economic motive behind both these limits and the limits imposed by " -"Victor on phonographs, see Randal C. Picker, \"From Edison to the Broadcast " -"Flag: Mechanisms of Consent and Refusal and the Propertization of " -"Copyright\" (September 2002), University of Chicago Law School, James " -"M. Olin Program in Law and Economics, Working Paper No. 159." +#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary> +#: freeculture.xml:3050 +msgid "Fox, William" msgstr "" -#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary> -#: freeculture.xml:2807 +#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary> +#: freeculture.xml:3051 msgid "General Film Company" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:2808 freeculture.xml:3053 freeculture.xml:4150 freeculture.xml:9506 +#: freeculture.xml:3052 freeculture.xml:3349 freeculture.xml:4510 freeculture.xml:10380 msgid "Picker, Randal C." msgstr "" +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:3076 freeculture.xml:4509 freeculture.xml:10100 freeculture.xml:10213 +msgid "broadcast flag" +msgstr "" + +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:3065 +msgid "" +"J. A. Aberdeen, <citetitle>Hollywood Renegades: The Society of Independent " +"Motion Picture Producers</citetitle> (Cobblestone Entertainment, 2000) and " +"expanded texts posted at <quote>The Edison Movie Monopoly: The Motion " +"Picture Patents Company vs. the Independent Outlaws,</quote> available at " +"<ulink url=\"http://free-culture.cc/notes/\">link #11</ulink>. For a " +"discussion of the economic motive behind both these limits and the limits " +"imposed by Victor on phonographs, see Randal C. Picker, <quote>From Edison " +"to the Broadcast Flag: Mechanisms of Consent and Refusal and the " +"Propertization of Copyright</quote> (September 2002), University of Chicago " +"Law School, James M. Olin Program in Law and Economics, Working Paper " +"No. 159. <placeholder type=\"indexterm\" id=\"0\"/>" +msgstr "" + #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:2785 +#: freeculture.xml:3054 msgid "" "With the country experiencing a tremendous expansion in the number of " "nickelodeons, the Patents Company reacted to the independent movement by " @@ -3643,114 +4444,136 @@ msgid "" "effectively monopolized distribution with the acquisition of all U.S. film " "exchanges, except for the one owned by the independent William Fox who " "defied the Trust even after his license was revoked.<placeholder " -"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> " -"<placeholder type=\"indexterm\" id=\"2\"/>" +"type=\"footnote\" id=\"0\"/>" msgstr "" #. f3 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2818 +#: freeculture.xml:3087 msgid "" -"Marc Wanamaker, \"The First Studios,\" <citetitle>The Silents " +"Marc Wanamaker, <quote>The First Studios,</quote> <citetitle>The Silents " "Majority</citetitle>, archived at <ulink " "url=\"http://free-culture.cc/notes/\">link #12</ulink>." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2812 +#: freeculture.xml:3081 msgid "" -"The Napsters of those days, the \"independents,\" were companies like " -"Fox. And no less than today, these independents were vigorously resisted. " -"\"Shooting was disrupted by machinery stolen, and `accidents' resulting in " -"loss of negatives, equipment, buildings and sometimes life and limb " -"frequently occurred.\"<placeholder type=\"footnote\" id=\"0\"/> That led the " -"independents to flee the East Coast. California was remote enough from " -"Edison's reach that filmmakers there could pirate his inventions without " -"fear of the law. And the leaders of Hollywood filmmaking, Fox most " -"prominently, did just that." +"The Napsters of those days, the <quote>independents,</quote> were companies " +"like Fox. And no less than today, these independents were vigorously " +"resisted. <quote>Shooting was disrupted by machinery stolen, and " +"`accidents' resulting in loss of negatives, equipment, buildings and " +"sometimes life and limb frequently occurred.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> That led the independents to flee the East " +"Coast. California was remote enough from Edison's reach that filmmakers " +"there could pirate his inventions without fear of the law. And the leaders " +"of Hollywood filmmaking, Fox most prominently, did just that." msgstr "" #. PAGE BREAK 68 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2828 +#: freeculture.xml:3097 msgid "" "Of course, California grew quickly, and the effective enforcement of federal " "law eventually spread west. But because patents grant the patent holder a " -"truly \"limited\" monopoly (just seventeen years at that time), by the time " -"enough federal marshals appeared, the patents had expired. A new industry " -"had been born, in part from the piracy of Edison's creative property." +"truly <quote>limited</quote> monopoly (just seventeen years at that time), " +"by the time enough federal marshals appeared, the patents had expired. A new " +"industry had been born, in part from the piracy of Edison's creative " +"property." msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:2839 +#: freeculture.xml:3108 msgid "Recorded Music" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3109 freeculture.xml:4280 +msgid "on music recordings" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2841 +#: freeculture.xml:3111 msgid "" "The record industry was born of another kind of piracy, though to see how " "requires a bit of detail about the way the law regulates music." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3114 +msgid "Fourneaux, Henri" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3115 +msgid "Russel, Phil" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2845 +#: freeculture.xml:3117 msgid "" "At the time that Edison and Henri Fourneaux invented machines for " "reproducing music (Edison the phonograph, Fourneaux the player piano), the " "law gave composers the exclusive right to control copies of their music and " "the exclusive right to control public performances of their music. In other " -"words, in 1900, if I wanted a copy of Phil Russel's 1899 hit \"Happy Mose,\" " -"the law said I would have to pay for the right to get a copy of the musical " -"score, and I would also have to pay for the right to perform it publicly." +"words, in 1900, if I wanted a copy of Phil Russel's 1899 hit <quote>Happy " +"Mose,</quote> the law said I would have to pay for the right to get a copy " +"of the musical score, and I would also have to pay for the right to perform " +"it publicly." msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:2854 freeculture.xml:2998 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3126 freeculture.xml:3264 msgid "Beatles" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2856 +#: freeculture.xml:3128 msgid "" -"But what if I wanted to record \"Happy Mose,\" using Edison's phonograph or " -"Fourneaux's player piano? Here the law stumbled. It was clear enough that I " -"would have to buy any copy of the musical score that I performed in making " -"this recording. And it was clear enough that I would have to pay for any " -"public performance of the work I was recording. But it wasn't totally clear " -"that I would have to pay for a \"public performance\" if I recorded the song " -"in my own house (even today, you don't owe the Beatles anything if you sing " -"their songs in the shower), or if I recorded the song from memory (copies in " -"your brain are not—yet— regulated by copyright law). So if I " -"simply sang the song into a recording device in the privacy of my own home, " -"it wasn't clear that I owed the composer anything. And more importantly, it " -"wasn't clear whether I owed the composer anything if I then made copies of " -"those recordings. Because of this gap in the law, then, I could effectively " +"But what if I wanted to record <quote>Happy Mose,</quote> using Edison's " +"phonograph or Fourneaux's player piano? Here the law stumbled. It was clear " +"enough that I would have to buy any copy of the musical score that I " +"performed in making this recording. And it was clear enough that I would " +"have to pay for any public performance of the work I was recording. But it " +"wasn't totally clear that I would have to pay for a <quote>public " +"performance</quote> if I recorded the song in my own house (even today, you " +"don't owe the Beatles anything if you sing their songs in the shower), or if " +"I recorded the song from memory (copies in your brain are " +"not—yet— regulated by copyright law). So if I simply sang the " +"song into a recording device in the privacy of my own home, it wasn't clear " +"that I owed the composer anything. And more importantly, it wasn't clear " +"whether I owed the composer anything if I then made copies of those " +"recordings. Because of this gap in the law, then, I could effectively " "pirate someone else's song without paying its composer anything." msgstr "" -#. PAGE BREAK 69 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary> +#: freeculture.xml:3151 freeculture.xml:3168 +msgid "Kittredge, Alfred" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2874 +#: freeculture.xml:3147 msgid "" "The composers (and publishers) were none too happy about this capacity to " -"pirate. As South Dakota senator Alfred Kittredge put it," +"pirate. As South Dakota senator Alfred Kittredge put it, <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" -#. f4 #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:2888 +#: freeculture.xml:3162 msgid "" "To Amend and Consolidate the Acts Respecting Copyright: Hearings on S. 6330 " -"and H.R. 19853 Before the ( Joint) Committees on Patents, 59th Cong. 59, 1st " +"and H.R. 19853 Before the (Joint) Committees on Patents, 59th Cong. 59, 1st " "sess. (1906) (statement of Senator Alfred B. Kittredge, of South Dakota, " "chairman), reprinted in <citetitle>Legislative History of the Copyright " "Act</citetitle>, E. Fulton Brylawski and Abe Goldman, eds. (South " -"Hackensack, N.J.: Rothman Reprints, 1976)." +"Hackensack, N.J.: Rothman Reprints, 1976). <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:2881 +#: freeculture.xml:3155 msgid "" "Imagine the injustice of the thing. A composer writes a song or an opera. A " "publisher buys at great expense the rights to the same and copyrights " @@ -3760,9 +4583,14 @@ msgid "" "id=\"0\"/>" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3172 +msgid "Sousa, John Philip" +msgstr "" + #. f5 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2902 +#: freeculture.xml:3178 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 223 (statement of " "Nathan Burkan, attorney for the Music Publishers Association)." @@ -3770,7 +4598,7 @@ msgstr "" #. f6 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2908 +#: freeculture.xml:3184 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 226 (statement of " "Nathan Burkan, attorney for the Music Publishers Association)." @@ -3778,27 +4606,63 @@ msgstr "" #. f7 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2915 +#: freeculture.xml:3191 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 23 (statement of " "John Philip Sousa, composer)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2898 +#: freeculture.xml:3174 msgid "" "The innovators who developed the technology to record other people's works " -"were \"sponging upon the toil, the work, the talent, and genius of American " -"composers,\"<placeholder type=\"footnote\" id=\"0\"/> and the \"music " -"publishing industry\" was thereby \"at the complete mercy of this one " -"pirate.\"<placeholder type=\"footnote\" id=\"1\"/> As John Philip Sousa put " -"it, in as direct a way as possible, \"When they make money out of my pieces, " -"I want a share of it.\"<placeholder type=\"footnote\" id=\"2\"/>" +"were <quote>sponging upon the toil, the work, the talent, and genius of " +"American composers,</quote><placeholder type=\"footnote\" id=\"0\"/> and the " +"<quote>music publishing industry</quote> was thereby <quote>at the complete " +"mercy of this one pirate.</quote><placeholder type=\"footnote\" id=\"1\"/> " +"As John Philip Sousa put it, in as direct a way as possible, <quote>When " +"they make money out of my pieces, I want a share of it.</quote><placeholder " +"type=\"footnote\" id=\"2\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3195 +msgid "American Graphophone Company" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3196 +msgid "player pianos" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:3198 freeculture.xml:3199 freeculture.xml:4278 freeculture.xml:4279 freeculture.xml:4362 freeculture.xml:4363 freeculture.xml:6986 freeculture.xml:7075 freeculture.xml:7189 freeculture.xml:7190 freeculture.xml:10331 freeculture.xml:10332 freeculture.xml:10333 freeculture.xml:11111 freeculture.xml:11172 freeculture.xml:12109 +msgid "Congress, U.S." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3198 freeculture.xml:4278 freeculture.xml:4362 freeculture.xml:7075 freeculture.xml:7189 freeculture.xml:10331 +msgid "on copyright laws" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3199 freeculture.xml:4279 freeculture.xml:10333 +msgid "on recording industry" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3200 freeculture.xml:4281 freeculture.xml:10159 +msgid "statutory licenses in" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3201 +msgid "statutory license system in" msgstr "" #. f8 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2928 +#: freeculture.xml:3211 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 283–84 " "(statement of Albert Walker, representative of the Auto-Music Perforating " @@ -3807,7 +4671,7 @@ msgstr "" #. f9 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2939 +#: freeculture.xml:3222 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared " "memorandum of Philip Mauro, general patent counsel of the American " @@ -3815,72 +4679,86 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2920 +#: freeculture.xml:3203 msgid "" "These arguments have familiar echoes in the wars of our day. So, too, do the " "arguments on the other side. The innovators who developed the player piano " -"argued that \"it is perfectly demonstrable that the introduction of " +"argued that <quote>it is perfectly demonstrable that the introduction of " "automatic music players has not deprived any composer of anything he had " -"before their introduction.\" Rather, the machines increased the sales of " -"sheet music.<placeholder type=\"footnote\" id=\"0\"/> In any case, the " -"innovators argued, the job of Congress was \"to consider first the interest " -"of [the public], whom they represent, and whose servants they are.\" \"All " -"talk about `theft,'\" the general counsel of the American Graphophone " -"Company wrote, \"is the merest claptrap, for there exists no property in " -"ideas musical, literary or artistic, except as defined by " -"statute.\"<placeholder type=\"footnote\" id=\"1\"/>" +"before their introduction.</quote> Rather, the machines increased the sales " +"of sheet music.<placeholder type=\"footnote\" id=\"0\"/> In any case, the " +"innovators argued, the job of Congress was <quote>to consider first the " +"interest of [the public], whom they represent, and whose servants they " +"are.</quote> <quote>All talk about `theft,'</quote> the general counsel of " +"the American Graphophone Company wrote, <quote>is the merest claptrap, for " +"there exists no property in ideas musical, literary or artistic, except as " +"defined by statute.</quote><placeholder type=\"footnote\" id=\"1\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3227 +msgid "cover songs" msgstr "" #. PAGE BREAK 70 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2945 +#: freeculture.xml:3229 msgid "" "The law soon resolved this battle in favor of the composer " "<emphasis>and</emphasis> the recording artist. Congress amended the law to " -"make sure that composers would be paid for the \"mechanical reproductions\" " -"of their music. But rather than simply granting the composer complete " -"control over the right to make mechanical reproductions, Congress gave " -"recording artists a right to record the music, at a price set by Congress, " -"once the composer allowed it to be recorded once. This is the part of " -"copyright law that makes cover songs possible. Once a composer authorizes a " -"recording of his song, others are free to record the same song, so long as " -"they pay the original composer a fee set by the law." +"make sure that composers would be paid for the <quote>mechanical " +"reproductions</quote> of their music. But rather than simply granting the " +"composer complete control over the right to make mechanical reproductions, " +"Congress gave recording artists a right to record the music, at a price set " +"by Congress, once the composer allowed it to be recorded once. This is the " +"part of copyright law that makes cover songs possible. Once a composer " +"authorizes a recording of his song, others are free to record the same song, " +"so long as they pay the original composer a fee set by the law." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3243 +msgid "compulsory license" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3244 freeculture.xml:4286 freeculture.xml:10158 +msgid "statutory licenses" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2960 +#: freeculture.xml:3246 msgid "" -"American law ordinarily calls this a \"compulsory license,\" but I will " -"refer to it as a \"statutory license.\" A statutory license is a license " -"whose key terms are set by law. After Congress's amendment of the Copyright " -"Act in 1909, record companies were free to distribute copies of recordings " -"so long as they paid the composer (or copyright holder) the fee set by the " -"statute." +"American law ordinarily calls this a <quote>compulsory license,</quote> but " +"I will refer to it as a <quote>statutory license.</quote> A statutory " +"license is a license whose key terms are set by law. After Congress's " +"amendment of the Copyright Act in 1909, record companies were free to " +"distribute copies of recordings so long as they paid the composer (or " +"copyright holder) the fee set by the statute." msgstr "" #. type: Content of: <book><chapter><section><section><para><indexterm><primary> -#: freeculture.xml:2975 freeculture.xml:13782 +#: freeculture.xml:3253 freeculture.xml:14909 msgid "Grisham, John" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2968 +#: freeculture.xml:3255 msgid "" "This is an exception within the law of copyright. When John Grisham writes a " "novel, a publisher is free to publish that novel only if Grisham gives the " "publisher permission. Grisham, in turn, is free to charge whatever he wants " "for that permission. The price to publish Grisham is thus set by Grisham, " "and copyright law ordinarily says you have no permission to use Grisham's " -"work except with permission of Grisham. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"work except with permission of Grisham." msgstr "" #. f10 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:2992 +#: freeculture.xml:3280 msgid "" "Copyright Law Revision: Hearings on S. 2499, S. 2900, H.R. 243, and " -"H.R. 11794 Before the ( Joint) Committee on Patents, 60th Cong., 1st sess., " +"H.R. 11794 Before the (Joint) Committee on Patents, 60th Cong., 1st sess., " "217 (1908) (statement of Senator Reed Smoot, chairman), reprinted in " "<citetitle>Legislative History of the 1909 Copyright Act</citetitle>, " "E. Fulton Brylawski and Abe Goldman, eds. (South Hackensack, N.J.: Rothman " @@ -3888,7 +4766,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:2978 +#: freeculture.xml:3266 msgid "" "But the law governing recordings gives recording artists less. And thus, in " "effect, the law <emphasis>subsidizes</emphasis> the recording industry " @@ -3900,12 +4778,11 @@ msgid "" "gets access to a much wider range of musical creativity. Indeed, Congress " "was quite explicit about its reasons for granting this right. Its fear was " "the monopoly power of rights holders, and that that power would stifle " -"follow-on creativity.<placeholder type=\"footnote\" id=\"0\"/> <placeholder " -"type=\"indexterm\" id=\"1\"/>" +"follow-on creativity.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3001 +#: freeculture.xml:3291 msgid "" "While the recording industry has been quite coy about this recently, " "historically it has been quite a supporter of the statutory license for " @@ -3914,7 +4791,7 @@ msgstr "" #. f11 #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:3023 +#: freeculture.xml:3313 msgid "" "Copyright Law Revision: Report to Accompany H.R. 2512, House Committee on " "the Judiciary, 90th Cong., 1st sess., House Document no. 83, (8 March " @@ -3922,7 +4799,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:3008 +#: freeculture.xml:3298 msgid "" "the record producers argued vigorously that the compulsory license system " "must be retained. They asserted that the record industry is a " @@ -3939,69 +4816,75 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3030 +#: freeculture.xml:3324 msgid "" "By limiting the rights musicians have, by partially pirating their creative " "work, the record producers, and the public, benefit." msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:3035 freeculture.xml:4115 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:3329 freeculture.xml:4474 msgid "Radio" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3330 freeculture.xml:4285 freeculture.xml:10335 +msgid "radio broadcast and" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3037 +#: freeculture.xml:3333 msgid "Radio was also born of piracy." msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:3052 +#: freeculture.xml:3348 msgid "Hand, Learned" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3043 +#: freeculture.xml:3339 msgid "" "See 17 <citetitle>United States Code</citetitle>, sections 106 and 110. At " -"the beginning, record companies printed \"Not Licensed for Radio Broadcast\" " -"and other messages purporting to restrict the ability to play a record on a " -"radio station. Judge Learned Hand rejected the argument that a warning " -"attached to a record might restrict the rights of the radio station. See " -"<citetitle>RCA Manufacturing " +"the beginning, record companies printed <quote>Not Licensed for Radio " +"Broadcast</quote> and other messages purporting to restrict the ability to " +"play a record on a radio station. Judge Learned Hand rejected the argument " +"that a warning attached to a record might restrict the rights of the radio " +"station. See <citetitle>RCA Manufacturing " "Co</citetitle>. v. <citetitle>Whiteman</citetitle>, 114 F. 2d 86 (2nd " -"Cir. 1940). See also Randal C. Picker, \"From Edison to the Broadcast Flag: " -"Mechanisms of Consent and Refusal and the Propertization of Copyright,\" " -"<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 281. " -"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " -"id=\"1\"/>" +"Cir. 1940). See also Randal C. Picker, <quote>From Edison to the Broadcast " +"Flag: Mechanisms of Consent and Refusal and the Propertization of " +"Copyright,</quote> <citetitle>University of Chicago Law Review</citetitle> " +"70 (2003): 281. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3040 +#: freeculture.xml:3336 msgid "" -"When a radio station plays a record on the air, that constitutes a \"public " -"performance\" of the composer's work.<placeholder type=\"footnote\" " -"id=\"0\"/> As I described above, the law gives the composer (or copyright " -"holder) an exclusive right to public performances of his work. The radio " -"station thus owes the composer money for that performance." +"When a radio station plays a record on the air, that constitutes a " +"<quote>public performance</quote> of the composer's work.<placeholder " +"type=\"footnote\" id=\"0\"/> As I described above, the law gives the " +"composer (or copyright holder) an exclusive right to public performances of " +"his work. The radio station thus owes the composer money for that " +"performance." msgstr "" #. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:3070 freeculture.xml:8596 freeculture.xml:9056 freeculture.xml:11961 +#: freeculture.xml:3366 freeculture.xml:9401 freeculture.xml:9876 freeculture.xml:12958 msgid "Lovett, Lyle" msgstr "" #. PAGE BREAK 72 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3060 +#: freeculture.xml:3356 msgid "" "But when the radio station plays a record, it is not only performing a copy " "of the <emphasis>composer's</emphasis> work. The radio station is also " "performing a copy of the <emphasis>recording artist's</emphasis> work. It's " -"one thing to have \"Happy Birthday\" sung on the radio by the local " -"children's choir; it's quite another to have it sung by the Rolling Stones " -"or Lyle Lovett. The recording artist is adding to the value of the " +"one thing to have <quote>Happy Birthday</quote> sung on the radio by the " +"local children's choir; it's quite another to have it sung by the Rolling " +"Stones or Lyle Lovett. The recording artist is adding to the value of the " "composition performed on the radio station. And if the law were perfectly " "consistent, the radio station would have to pay the recording artist for his " "work, just as it pays the composer of the music for his work. <placeholder " @@ -4009,7 +4892,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3075 +#: freeculture.xml:3371 msgid "" "But it doesn't. Under the law governing radio performances, the radio " "station does not have to pay the recording artist. The radio station need " @@ -4019,12 +4902,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:3083 freeculture.xml:3577 freeculture.xml:5955 +#: freeculture.xml:3378 freeculture.xml:3890 freeculture.xml:6497 freeculture.xml:6513 msgid "Madonna" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3086 +#: freeculture.xml:3380 msgid "" "This difference can be huge. Imagine you compose a piece of music. Imagine " "it is your first. You own the exclusive right to authorize public " @@ -4033,19 +4916,19 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3092 +#: freeculture.xml:3386 msgid "" "Imagine she does sing your song, and imagine she likes it a lot. She then " "decides to make a recording of your song, and it becomes a top hit. Under " "our law, every time a radio station plays your song, you get some money. But " "Madonna gets nothing, save the indirect effect on the sale of her CDs. The " -"public performance of her recording is not a \"protected\" right. The radio " -"station thus gets to <emphasis>pirate</emphasis> the value of Madonna's work " -"without paying her anything." +"public performance of her recording is not a <quote>protected</quote> " +"right. The radio station thus gets to <emphasis>pirate</emphasis> the value " +"of Madonna's work without paying her anything." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3103 +#: freeculture.xml:3398 msgid "" "No doubt, one might argue that, on balance, the recording artists " "benefit. On average, the promotion they get is worth more than the " @@ -4055,19 +4938,24 @@ msgid "" "nothing." msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:3112 freeculture.xml:4121 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:3408 freeculture.xml:4480 msgid "Cable TV" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:3409 freeculture.xml:4300 freeculture.xml:8580 freeculture.xml:8619 freeculture.xml:15311 +msgid "cable television" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3115 +#: freeculture.xml:3411 msgid "Cable TV was also born of a kind of piracy." msgstr "" #. PAGE BREAK 73 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3118 +#: freeculture.xml:3414 msgid "" "When cable entrepreneurs first started wiring communities with cable " "television in 1948, most refused to pay broadcasters for the content that " @@ -4079,57 +4967,62 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:3128 +#: freeculture.xml:3424 msgid "Anello, Douglas" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:3129 +#: freeculture.xml:3425 msgid "Burdick, Quentin" msgstr "" -#. f13 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:3426 freeculture.xml:3437 +msgid "Hyde, Rosel H." +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3135 +#: freeculture.xml:3432 msgid "" "Copyright Law Revision—CATV: Hearing on S. 1006 Before the " "Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee " "on the Judiciary, 89th Cong., 2nd sess., 78 (1966) (statement of Rosel " -"H. Hyde, chairman of the Federal Communications Commission)." +"H. Hyde, chairman of the Federal Communications Commission). <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" #. f14 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3146 +#: freeculture.xml:3444 msgid "" "Copyright Law Revision—CATV, 116 (statement of Douglas A. Anello, " "general counsel of the National Association of Broadcasters)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3131 +#: freeculture.xml:3428 msgid "" "Broadcasters and copyright owners were quick to attack this theft. Rosel " -"Hyde, chairman of the FCC, viewed the practice as a kind of \"unfair and " -"potentially destructive competition.\"<placeholder type=\"footnote\" " -"id=\"0\"/> There may have been a \"public interest\" in spreading the reach " -"of cable TV, but as Douglas Anello, general counsel to the National " -"Association of Broadcasters, asked Senator Quentin Burdick during testimony, " -"\"Does public interest dictate that you use somebody else's " -"property?\"<placeholder type=\"footnote\" id=\"1\"/> As another broadcaster " -"put it," +"Hyde, chairman of the FCC, viewed the practice as a kind of <quote>unfair " +"and potentially destructive competition.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> There may have been a <quote>public " +"interest</quote> in spreading the reach of cable TV, but as Douglas Anello, " +"general counsel to the National Association of Broadcasters, asked Senator " +"Quentin Burdick during testimony, <quote>Does public interest dictate that " +"you use somebody else's property?</quote><placeholder type=\"footnote\" " +"id=\"1\"/> As another broadcaster put it," msgstr "" #. f15 #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:3157 +#: freeculture.xml:3455 msgid "" "Copyright Law Revision—CATV, 126 (statement of Ernest W. Jennes, " "general counsel of the Association of Maximum Service Telecasters, Inc.)." msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:3153 +#: freeculture.xml:3451 msgid "" "The extraordinary thing about the CATV business is that it is the only " "business I know of where the product that is being sold is not paid " @@ -4137,13 +5030,13 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3163 +#: freeculture.xml:3461 msgid "Again, the demand of the copyright holders seemed reasonable enough:" msgstr "" #. f16 #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:3172 +#: freeculture.xml:3470 msgid "" "Copyright Law Revision—CATV, 169 (joint statement of Arthur B. Krim, " "president of United Artists Corp., and John Sinn, president of United " @@ -4151,7 +5044,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:3167 +#: freeculture.xml:3465 msgid "" "All we are asking for is a very simple thing, that people who now take our " "property for nothing pay for it. We are trying to stop piracy and I don't " @@ -4159,36 +5052,41 @@ msgid "" "words which would fit it.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. f17 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:3476 freeculture.xml:3484 +msgid "Heston, Charlton" +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3183 +#: freeculture.xml:3482 msgid "" "Copyright Law Revision—CATV, 209 (statement of Charlton Heston, " -"president of the Screen Actors Guild)." +"president of the Screen Actors Guild). <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3179 +#: freeculture.xml:3478 msgid "" -"These were \"free-ride[rs],\" Screen Actor's Guild president Charlton Heston " -"said, who were \"depriving actors of compensation.\"<placeholder " -"type=\"footnote\" id=\"0\"/>" +"These were <quote>free-ride[rs],</quote> Screen Actor's Guild president " +"Charlton Heston said, who were <quote>depriving actors of " +"compensation.</quote><placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3188 +#: freeculture.xml:3489 msgid "" "But again, there was another side to the debate. As Assistant Attorney " "General Edwin Zimmerman put it," msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary> -#: freeculture.xml:3204 freeculture.xml:3206 +#: freeculture.xml:3505 freeculture.xml:3507 msgid "Zimmerman, Edwin" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:3202 +#: freeculture.xml:3503 msgid "" "Copyright Law Revision—CATV, 216 (statement of Edwin M. Zimmerman, " "acting assistant attorney general). <placeholder type=\"indexterm\" " @@ -4196,109 +5094,127 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:3193 +#: freeculture.xml:3494 msgid "" "Our point here is that unlike the problem of whether you have any copyright " "protection at all, the problem here is whether copyright holders who are " "already compensated, who already have a monopoly, should be permitted to " -"extend that monopoly. . . . The question here is how much compensation they " -"should have and how far back they should carry their right to " +"extend that monopoly. … The question here is how much compensation " +"they should have and how far back they should carry their right to " "compensation.<placeholder type=\"footnote\" id=\"0\"/> <placeholder " "type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3210 +#: freeculture.xml:3511 msgid "" "Copyright owners took the cable companies to court. Twice the Supreme Court " "held that the cable companies owed the copyright owners nothing." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3214 +#: freeculture.xml:3515 msgid "" "It took Congress almost thirty years before it resolved the question of " -"whether cable companies had to pay for the content they \"pirated.\" In the " -"end, Congress resolved this question in the same way that it resolved the " -"question about record players and player pianos. Yes, cable companies would " -"have to pay for the content that they broadcast; but the price they would " -"have to pay was not set by the copyright owner. The price was set by law, " -"so that the broadcasters couldn't exercise veto power over the emerging " -"technologies of cable. Cable companies thus built their empire in part upon " -"a \"piracy\" of the value created by broadcasters' content." +"whether cable companies had to pay for the content they " +"<quote>pirated.</quote> In the end, Congress resolved this question in the " +"same way that it resolved the question about record players and player " +"pianos. Yes, cable companies would have to pay for the content that they " +"broadcast; but the price they would have to pay was not set by the copyright " +"owner. The price was set by law, so that the broadcasters couldn't exercise " +"veto power over the emerging technologies of cable. Cable companies thus " +"built their empire in part upon a <quote>piracy</quote> of the value created " +"by broadcasters' content." msgstr "" #. f19 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3231 +#: freeculture.xml:3534 msgid "" "See, for example, National Music Publisher's Association, <citetitle>The " "Engine of Free Expression: Copyright on the Internet—The Myth of Free " "Information</citetitle>, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #13</ulink>. \"The threat of " +"url=\"http://free-culture.cc/notes/\">link #13</ulink>. <quote>The threat of " "piracy—the use of someone else's creative work without permission or " -"compensation—has grown with the Internet.\"" +"compensation—has grown with the Internet.</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3226 +#: freeculture.xml:3529 msgid "" -"These separate stories sing a common theme. If \"piracy\" means using value " -"from someone else's creative property without permission from that " -"creator—as it is increasingly described today<placeholder " -"type=\"footnote\" id=\"0\"/> — then <emphasis>every</emphasis> " -"industry affected by copyright today is the product and beneficiary of a " -"certain kind of piracy. Film, records, radio, cable TV. . . . The list is " -"long and could well be expanded. Every generation welcomes the pirates from " -"the last. Every generation—until now." +"<emphasis role='strong'>These separate stories</emphasis> sing a common " +"theme. If <quote>piracy</quote> means using value from someone else's " +"creative property without permission from that creator—as it is " +"increasingly described today<placeholder type=\"footnote\" id=\"0\"/> " +"— then <emphasis>every</emphasis> industry affected by copyright today " +"is the product and beneficiary of a certain kind of piracy. Film, records, " +"radio, cable TV. … The list is long and could well be expanded. Every " +"generation welcomes the pirates from the last. Every generation—until " +"now." msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:3248 -msgid "CHAPTER FIVE: \"Piracy\"" +#: freeculture.xml:3551 +msgid "Chapter Five: <quote>Piracy</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:3250 +#: freeculture.xml:3553 msgid "" -"There is piracy of copyrighted material. Lots of it. This piracy comes in " -"many forms. The most significant is commercial piracy, the unauthorized " -"taking of other people's content within a commercial context. Despite the " -"many justifications that are offered in its defense, this taking is " -"wrong. No one should condone it, and the law should stop it." +"<emphasis role='strong'>There is piracy</emphasis> of copyrighted " +"material. Lots of it. This piracy comes in many forms. The most significant " +"is commercial piracy, the unauthorized taking of other people's content " +"within a commercial context. Despite the many justifications that are " +"offered in its defense, this taking is wrong. No one should condone it, and " +"the law should stop it." msgstr "" #. PAGE BREAK 76 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:3258 +#: freeculture.xml:3561 msgid "" -"But as well as copy-shop piracy, there is another kind of \"taking\" that is " -"more directly related to the Internet. That taking, too, seems wrong to " -"many, and it is wrong much of the time. Before we paint this taking " -"\"piracy,\" however, we should understand its nature a bit more. For the " -"harm of this taking is significantly more ambiguous than outright copying, " -"and the law should account for that ambiguity, as it has so often done in " -"the past." +"But as well as copy-shop piracy, there is another kind of " +"<quote>taking</quote> that is more directly related to the Internet. That " +"taking, too, seems wrong to many, and it is wrong much of the time. Before " +"we paint this taking <quote>piracy,</quote> however, we should understand " +"its nature a bit more. For the harm of this taking is significantly more " +"ambiguous than outright copying, and the law should account for that " +"ambiguity, as it has so often done in the past." msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:3268 +#: freeculture.xml:3571 msgid "Piracy I" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:3572 freeculture.xml:3652 freeculture.xml:3702 freeculture.xml:15313 +msgid "Asia, commercial piracy in" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:3573 freeculture.xml:4025 freeculture.xml:9877 freeculture.xml:10732 freeculture.xml:14704 freeculture.xml:15295 +msgid "CDs" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3573 +msgid "foreign piracy of" +msgstr "" + #. f1 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3276 +#: freeculture.xml:3581 msgid "" "See IFPI (International Federation of the Phonographic Industry), " "<citetitle>The Recording Industry Commercial Piracy Report 2003</citetitle>, " "July 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#14</ulink>. See also Ben Hunt, \"Companies Warned on Music Piracy Risk,\" " -"<citetitle>Financial Times</citetitle>, 14 February 2003, 11." +"#14</ulink>. See also Ben Hunt, <quote>Companies Warned on Music Piracy " +"Risk,</quote> <citetitle>Financial Times</citetitle>, 14 February 2003, 11." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3270 +#: freeculture.xml:3575 msgid "" "All across the world, but especially in Asia and Eastern Europe, there are " "businesses that do nothing but take others people's copyrighted content, " @@ -4310,7 +5226,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3286 +#: freeculture.xml:3591 msgid "" "This is piracy plain and simple. Nothing in the argument of this book, nor " "in the argument that most people make when talking about the subject of this " @@ -4318,7 +5234,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3292 +#: freeculture.xml:3597 msgid "" "Which is not to say that excuses and justifications couldn't be made for " "it. We could, for example, remind ourselves that for the first one hundred " @@ -4330,7 +5246,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3301 +#: freeculture.xml:3606 msgid "" "That excuse isn't terribly strong. Technically, our law did not ban the " "taking of foreign works. It explicitly limited itself to American " @@ -4343,9 +5259,9 @@ msgid "" "legal wrong as well." msgstr "" -#. PAGE BREAK 77 +#. PAGE BREAK 77 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3312 +#: freeculture.xml:3617 msgid "" "True, these local rules have, in effect, been imposed upon these " "countries. No country can be part of the world economy and choose not to " @@ -4353,13 +5269,18 @@ msgid "" "but we will not allow any other nation to have a similar childhood." msgstr "" +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:3645 +msgid "agricultural patents" +msgstr "" + #. type: Content of: <book><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:3339 freeculture.xml:12240 freeculture.xml:12669 freeculture.xml:12676 +#: freeculture.xml:3646 freeculture.xml:13250 freeculture.xml:13741 freeculture.xml:13748 msgid "Drahos, Peter" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3325 +#: freeculture.xml:3630 msgid "" "See Peter Drahos with John Braithwaite, Information Feudalism: " "<citetitle>Who Owns the Knowledge Economy?</citetitle> (New York: The New " @@ -4374,11 +5295,12 @@ msgid "" "first obtaining the patent holder's permission. Developing nations may be " "able to use this to gain the benefits of foreign patents at lower " "prices. This is a promising strategy for developing nations within the TRIPS " -"framework. <placeholder type=\"indexterm\" id=\"0\"/>" +"framework. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3320 +#: freeculture.xml:3625 msgid "" "If a country is to be treated as a sovereign, however, then its laws are its " "laws regardless of their source. The international law under which these " @@ -4390,25 +5312,25 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:3359 freeculture.xml:3624 freeculture.xml:14311 +#: freeculture.xml:3667 freeculture.xml:3946 freeculture.xml:15461 msgid "Liebowitz, Stan" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3352 +#: freeculture.xml:3660 msgid "" "For an analysis of the economic impact of copying technology, see Stan " "Liebowitz, <citetitle>Rethinking the Network Economy</citetitle> (New York: " -"Amacom, 2002), 144–90. \"In some instances . . . the impact of piracy " -"on the copyright holder's ability to appropriate the value of the work will " -"be negligible. One obvious instance is the case where the individual " -"engaging in pirating would not have purchased an original even if pirating " -"were not an option.\" Ibid., 149. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"Amacom, 2002), 144–90. <quote>In some instances … the impact of " +"piracy on the copyright holder's ability to appropriate the value of the " +"work will be negligible. One obvious instance is the case where the " +"individual engaging in pirating would not have purchased an original even if " +"pirating were not an option.</quote> Ibid., 149. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3346 +#: freeculture.xml:3654 msgid "" "Alternatively, we could try to excuse this piracy by noting that in any " "case, it does no harm to the industry. The Chinese who get access to " @@ -4418,23 +5340,23 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3363 +#: freeculture.xml:3671 msgid "" "This is often true (though I have friends who have purchased many thousands " "of pirated DVDs who certainly have enough money to pay for the content they " "have taken), and it does mitigate to some degree the harm caused by such " -"taking. Extremists in this debate love to say, \"You wouldn't go into Barnes " -"& Noble and take a book off of the shelf without paying; why should it " -"be any different with on-line music?\" The difference is, of course, that " -"when you take a book from Barnes & Noble, it has one less book to " -"sell. By contrast, when you take an MP3 from a computer network, there is " -"not one less CD that can be sold. The physics of piracy of the intangible " -"are different from the physics of piracy of the tangible." +"taking. Extremists in this debate love to say, <quote>You wouldn't go into " +"Barnes & Noble and take a book off of the shelf without paying; why " +"should it be any different with on-line music?</quote> The difference is, of " +"course, that when you take a book from Barnes & Noble, it has one less " +"book to sell. By contrast, when you take an MP3 from a computer network, " +"there is not one less CD that can be sold. The physics of piracy of the " +"intangible are different from the physics of piracy of the tangible." msgstr "" #. PAGE BREAK 78 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3376 +#: freeculture.xml:3685 msgid "" "This argument is still very weak. However, although copyright is a property " "right of a very special sort, it <emphasis>is</emphasis> a property " @@ -4442,60 +5364,84 @@ msgid "" "decide the terms under which content is shared. If the copyright owner " "doesn't want to sell, she doesn't have to. There are exceptions: important " "statutory licenses that apply to copyrighted content regardless of the wish " -"of the copyright owner. Those licenses give people the right to \"take\" " -"copyrighted content whether or not the copyright owner wants to sell. But " -"where the law does not give people the right to take content, it is wrong to " -"take that content even if the wrong does no harm. If we have a property " -"system, and that system is properly balanced to the technology of a time, " -"then it is wrong to take property without the permission of a property " -"owner. That is exactly what \"property\" means." +"of the copyright owner. Those licenses give people the right to " +"<quote>take</quote> copyrighted content whether or not the copyright owner " +"wants to sell. But where the law does not give people the right to take " +"content, it is wrong to take that content even if the wrong does no harm. If " +"we have a property system, and that system is properly balanced to the " +"technology of a time, then it is wrong to take property without the " +"permission of a property owner. That is exactly what <quote>property</quote> " +"means." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:3703 freeculture.xml:15314 +msgid "in Asia" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:3704 freeculture.xml:13561 freeculture.xml:14147 +msgid "free software/open-source software (FS/OSS)" msgstr "" #. type: Content of: <book><chapter><section><section><para><indexterm><primary> -#: freeculture.xml:3405 freeculture.xml:3433 freeculture.xml:11098 freeculture.xml:12551 freeculture.xml:13100 +#: freeculture.xml:3705 freeculture.xml:3735 freeculture.xml:12041 freeculture.xml:13576 freeculture.xml:14203 msgid "GNU/Linux operating system" msgstr "" #. type: Content of: <book><chapter><section><section><para><indexterm><primary> -#: freeculture.xml:3406 freeculture.xml:3434 freeculture.xml:11099 freeculture.xml:12552 freeculture.xml:13101 +#: freeculture.xml:3706 freeculture.xml:3736 freeculture.xml:12043 freeculture.xml:13577 freeculture.xml:14204 msgid "Linux operating system" msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:3408 -msgid "Microsoft" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3707 +msgid "competitive strategies of" msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><secondary> -#: freeculture.xml:3409 -msgid "Windows operating system of" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3708 +msgid "Windows" msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:3411 -msgid "Windows" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3709 +msgid "international software piracy of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:3710 +msgid "Windows operating system of" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3394 +#: freeculture.xml:3712 msgid "" "Finally, we could try to excuse this piracy with the argument that the " -"piracy actually helps the copyright owner. When the Chinese \"steal\" " -"Windows, that makes the Chinese dependent on Microsoft. Microsoft loses the " -"value of the software that was taken. But it gains users who are used to " -"life in the Microsoft world. Over time, as the nation grows more wealthy, " -"more and more people will buy software rather than steal it. And hence over " -"time, because that buying will benefit Microsoft, Microsoft benefits from " -"the piracy. If instead of pirating Microsoft Windows, the Chinese used the " -"free GNU/Linux operating system, then these Chinese users would not " -"eventually be buying Microsoft. Without piracy, then, Microsoft would " -"lose. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " -"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> " -"<placeholder type=\"indexterm\" id=\"3\"/>" +"piracy actually helps the copyright owner. When the Chinese " +"<quote>steal</quote> Windows, that makes the Chinese dependent on " +"Microsoft. Microsoft loses the value of the software that was taken. But it " +"gains users who are used to life in the Microsoft world. Over time, as the " +"nation grows more wealthy, more and more people will buy software rather " +"than steal it. And hence over time, because that buying will benefit " +"Microsoft, Microsoft benefits from the piracy. If instead of pirating " +"Microsoft Windows, the Chinese used the free GNU/Linux operating system, " +"then these Chinese users would not eventually be buying Microsoft. Without " +"piracy, then, Microsoft would lose." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:3724 freeculture.xml:4767 freeculture.xml:4991 freeculture.xml:6481 freeculture.xml:6557 freeculture.xml:6692 freeculture.xml:7104 freeculture.xml:14235 +msgid "law" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:3724 freeculture.xml:14235 +msgid "databases of case reports in" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3414 +#: freeculture.xml:3726 msgid "" "This argument, too, is somewhat true. The addiction strategy is a good " "one. Many businesses practice it. Some thrive because of it. Law students, " @@ -4505,8 +5451,18 @@ msgid "" "lawyers (and must pay high subscription fees)." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3733 +msgid "Netscape" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3734 +msgid "Internet Explorer" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3422 +#: freeculture.xml:3738 msgid "" "Still, the argument is not terribly persuasive. We don't give the alcoholic " "a defense when he steals his first beer, merely because that will make it " @@ -4517,13 +5473,12 @@ msgid "" "fight Netscape. A property right means giving the property owner the right " "to say who gets access to what—at least ordinarily. And if the law " "properly balances the rights of the copyright owner with the rights of " -"access, then violating the law is still wrong. <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"access, then violating the law is still wrong." msgstr "" #. PAGE BREAK 79 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3438 +#: freeculture.xml:3752 msgid "" "Thus, while I understand the pull of these justifications for piracy, and I " "certainly see the motivation, in my view, in the end, these efforts at " @@ -4535,19 +5490,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3448 +#: freeculture.xml:3762 msgid "" "But as the examples from the four chapters that introduced this part " -"suggest, even if some piracy is plainly wrong, not all \"piracy\" is. Or at " -"least, not all \"piracy\" is wrong if that term is understood in the way it " -"is increasingly used today. Many kinds of \"piracy\" are useful and " -"productive, to produce either new content or new ways of doing business. " -"Neither our tradition nor any tradition has ever banned all \"piracy\" in " -"that sense of the term." +"suggest, even if some piracy is plainly wrong, not all <quote>piracy</quote> " +"is. Or at least, not all <quote>piracy</quote> is wrong if that term is " +"understood in the way it is increasingly used today. Many kinds of " +"<quote>piracy</quote> are useful and productive, to produce either new " +"content or new ways of doing business. Neither our tradition nor any " +"tradition has ever banned all <quote>piracy</quote> in that sense of the " +"term." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3457 +#: freeculture.xml:3771 msgid "" "This doesn't mean that there are no questions raised by the latest piracy " "concern, peer-to-peer file sharing. But it does mean that we need to " @@ -4556,7 +5512,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3463 +#: freeculture.xml:3777 msgid "" "For (1) like the original Hollywood, p2p sharing escapes an overly " "controlling industry; and (2) like the original recording industry, it " @@ -4565,20 +5521,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3469 +#: freeculture.xml:3783 msgid "" "These differences distinguish p2p sharing from true piracy. They should push " "us to find a way to protect artists while enabling this sharing to survive." msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:3475 +#: freeculture.xml:3789 msgid "Piracy II" msgstr "" #. f4 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3480 +#: freeculture.xml:3794 msgid "" "<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 " "Eng. Rep. 1274 (1777)." @@ -4586,82 +5542,107 @@ msgstr "" #. PAGE BREAK 80 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3477 +#: freeculture.xml:3791 msgid "" -"The key to the \"piracy\" that the law aims to quash is a use that \"rob[s] " -"the author of [his] profit.\"<placeholder type=\"footnote\" id=\"0\"/> This " -"means we must determine whether 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." +"The key to the <quote>piracy</quote> that the law aims to quash is a use " +"that <quote>rob[s] the author of [his] profit.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> This means we must determine whether 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." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:3803 +msgid "Fanning, Shawn" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3804 freeculture.xml:3811 freeculture.xml:9807 +msgid "innovation" msgstr "" #. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:3503 freeculture.xml:8024 +#: freeculture.xml:3821 freeculture.xml:8813 msgid "Christensen, Clayton M." msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3494 +#: freeculture.xml:3811 +msgid "" +"<placeholder type=\"indexterm\" id=\"0\"/> See Clayton M. Christensen, " +"<citetitle>The Innovator's Dilemma: The Revolutionary National Bestseller " +"That Changed the Way We Do Business</citetitle> (New York: HarperBusiness, " +"2000). Professor Christensen examines why companies that give rise to and " +"dominate a product area are frequently unable to come up with the most " +"creative, paradigm-shifting uses for their own products. This job usually " +"falls to outside innovators, who reassemble existing technology in inventive " +"ways. For a discussion of Christensen's ideas, see Lawrence Lessig, " +"<citetitle>Future</citetitle>, 89–92, 139. <placeholder " +"type=\"indexterm\" id=\"1\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3803 msgid "" -"See Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The " -"Revolutionary National Bestseller That Changed the Way We Do " -"Business</citetitle> (New York: HarperBusiness, 2000). Professor Christensen " -"examines why companies that give rise to and dominate a product area are " -"frequently unable to come up with the most creative, paradigm-shifting uses " -"for their own products. This job usually falls to outside innovators, who " -"reassemble existing technology in inventive ways. For a discussion of " -"Christensen's ideas, see Lawrence Lessig, <citetitle>Future</citetitle>, " -"89–92, 139. <placeholder type=\"indexterm\" id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> 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 (and, arguably, off the Internet as " +"well<placeholder type=\"footnote\" id=\"3\"/>), Shawn Fanning and crew had " +"simply put together components that had been developed independently." msgstr "" #. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:3506 -msgid "Fanning, Shawn" +#: freeculture.xml:3826 +msgid "Kazaa" msgstr "" -#. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3489 -msgid "" -"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 (and, arguably, off the " -"Internet as well<placeholder type=\"footnote\" id=\"0\"/>), Shawn Fanning " -"and crew had simply put together components that had been developed " -"independently. <placeholder type=\"indexterm\" id=\"1\"/>" +#. type: Content of: <book><part><chapter><section><para><indexterm><secondary> +#: freeculture.xml:3827 +msgid "number of registrations on" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><secondary> +#: freeculture.xml:3828 +msgid "replacement of" msgstr "" #. f6 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3514 -msgid "" -"See Carolyn Lochhead, \"Silicon Valley Dream, Hollywood Nightmare,\" " -"<citetitle>San Francisco Chronicle</citetitle>, 24 September 2002, A1; " -"\"Rock 'n' Roll Suicide,\" <citetitle>New Scientist</citetitle>, 6 July " -"2002, 42; Benny Evangelista, \"Napster Names CEO, Secures New Financing,\" " -"<citetitle>San Francisco Chronicle</citetitle>, 23 May 2003, C1; \"Napster's " -"Wake-Up Call,\" <citetitle>Economist</citetitle>, 24 June 2000, 23; John " -"Naughton, \"Hollywood at War with the Internet\" (London) " +#: freeculture.xml:3834 +msgid "" +"See Carolyn Lochhead, <quote>Silicon Valley Dream, Hollywood " +"Nightmare,</quote> <citetitle>San Francisco Chronicle</citetitle>, 24 " +"September 2002, A1; <quote>Rock 'n' Roll Suicide,</quote> <citetitle>New " +"Scientist</citetitle>, 6 July 2002, 42; Benny Evangelista, <quote>Napster " +"Names CEO, Secures New Financing,</quote> <citetitle>San Francisco " +"Chronicle</citetitle>, 23 May 2003, C1; <quote>Napster's Wake-Up " +"Call,</quote> <citetitle>Economist</citetitle>, 24 June 2000, 23; John " +"Naughton, <quote>Hollywood at War with the Internet</quote> (London) " "<citetitle>Times</citetitle>, 26 July 2002, 18." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3509 +#: freeculture.xml:3826 msgid "" -"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 system.<placeholder " -"type=\"footnote\" id=\"0\"/> Courts quickly shut Napster down, but other " -"services emerged to take its place. (Kazaa is currently the most popular p2p " -"service. It boasts over 100 million members.) These services' systems are " -"different architecturally, though not very different in function: Each " -"enables 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." +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> 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 system.<placeholder type=\"footnote\" " +"id=\"3\"/> Courts quickly shut Napster down, but other services emerged to " +"take its place. (Kazaa is currently the most popular p2p service. It boasts " +"over 100 million members.) These services' systems are different " +"architecturally, though not very different in function: Each enables 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." msgstr "" #. f7 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3536 +#: freeculture.xml:3857 msgid "" "See Ipsos-Insight, <citetitle>TEMPO: Keeping Pace with Online Music " "Distribution</citetitle> (September 2002), reporting that 28 percent of " @@ -4672,14 +5653,14 @@ msgstr "" #. f8 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3545 +#: freeculture.xml:3866 msgid "" -"Amy Harmon, \"Industry Offers a Carrot in Online Music Fight,\" " +"Amy Harmon, <quote>Industry Offers a Carrot in Online Music Fight,</quote> " "<citetitle>New York Times</citetitle>, 6 June 2003, A1." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3530 +#: freeculture.xml:3851 msgid "" "According to a number of estimates, a huge proportion of Americans have " "tasted file-sharing technology. A study by Ipsos-Insight in September 2002 " @@ -4689,13 +5670,13 @@ msgid "" "estimated that 43 million citizens used file-sharing networks to exchange " "content in May 2003.<placeholder type=\"footnote\" id=\"1\"/> The vast " "majority of these are not kids. Whatever the actual figure, a massive " -"quantity of content is being \"taken\" on these networks. The ease and " -"inexpensiveness of file-sharing networks have inspired millions to enjoy " -"music in a way that they hadn't before." +"quantity of content is being <quote>taken</quote> on these networks. The " +"ease and inexpensiveness of file-sharing networks have inspired millions to " +"enjoy music in a way that they hadn't before." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3554 +#: freeculture.xml:3875 msgid "" "Some of this enjoying involves copyright infringement. Some of it does " "not. And even among the part that is technically copyright infringement, " @@ -4707,14 +5688,15 @@ msgstr "" #. PAGE BREAK 81 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3564 +#: freeculture.xml:3885 msgid "" "File sharers share different kinds of content. We can divide these different " "kinds into four types." msgstr "" +#. A. #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:3570 +#: freeculture.xml:3893 msgid "" "There are some who use sharing networks as substitutes for purchasing " "content. Thus, when a new Madonna CD is released, rather than buying the CD, " @@ -4722,12 +5704,12 @@ msgid "" "takes it would actually have bought it if sharing didn't make it available " "for free. Most probably wouldn't have, but clearly there are some who " "would. The latter are the target of category A: users who download instead " -"of purchasing. <placeholder type=\"indexterm\" id=\"0\"/>" +"of purchasing." msgstr "" #. B. #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:3581 +#: freeculture.xml:3903 msgid "" "There are some who use sharing networks to sample music before purchasing " "it. Thus, a friend sends another friend an MP3 of an artist he's not heard " @@ -4740,7 +5722,7 @@ msgstr "" #. C. #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:3592 +#: freeculture.xml:3914 msgid "" "There are many who use sharing networks to get access to copyrighted content " "that is no longer sold or that they would not have purchased because the " @@ -4748,37 +5730,37 @@ msgid "" "among the most rewarding for many. Songs that were part of your childhood " "but have long vanished from the marketplace magically appear again on the " "network. (One friend told me that when she discovered Napster, she spent a " -"solid weekend \"recalling\" old songs. She was astonished at the range and " -"mix of content that was available.) For content not sold, this is still " -"technically a violation of copyright, though because the copyright owner is " -"not selling the content anymore, the economic harm is zero—the same " -"harm that occurs when I sell my collection of 1960s 45-rpm records to a " -"local collector." +"solid weekend <quote>recalling</quote> old songs. She was astonished at the " +"range and mix of content that was available.) For content not sold, this is " +"still technically a violation of copyright, though because the copyright " +"owner is not selling the content anymore, the economic harm is " +"zero—the same harm that occurs when I sell my collection of 1960s " +"45-rpm records to a local collector." msgstr "" #. PAGE BREAK 82 #. D. #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:3609 +#: freeculture.xml:3931 msgid "" "Finally, there are many who use sharing networks to get access to content " "that is not copyrighted or that the copyright owner wants to give away." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3615 +#: freeculture.xml:3937 msgid "How do these different types of sharing balance out?" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3623 +#: freeculture.xml:3945 msgid "" "See Liebowitz, <citetitle>Rethinking the Network Economy</citetitle>, " "148–49. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3618 +#: freeculture.xml:3940 msgid "" "Let's start with some simple but important points. From the perspective of " "the law, only type D sharing is clearly legal. From the perspective of " @@ -4792,65 +5774,83 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3634 +#: freeculture.xml:3956 msgid "" "Whether on balance sharing is harmful depends importantly on how harmful " "type A sharing is. Just as Edison complained about Hollywood, composers " "complained about piano rolls, recording artists complained about radio, and " "broadcasters complained about cable TV, the music industry complains that " -"type A sharing is a kind of \"theft\" that is \"devastating\" the industry." +"type A sharing is a kind of <quote>theft</quote> that is " +"<quote>devastating</quote> the industry." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:3963 freeculture.xml:3972 freeculture.xml:4332 freeculture.xml:8375 freeculture.xml:8404 freeculture.xml:10156 freeculture.xml:15021 +msgid "cassette recording" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:3963 freeculture.xml:4332 freeculture.xml:8375 freeculture.xml:8404 freeculture.xml:10156 freeculture.xml:10157 freeculture.xml:15021 freeculture.xml:15022 +msgid "VCRs" msgstr "" -#. f10 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3649 +#: freeculture.xml:3972 msgid "" -"See Cap Gemini Ernst & Young, <citetitle>Technology Evolution and the " -"Music Industry's Business Model Crisis</citetitle> (2003), 3. This report " -"describes the music industry's effort to stigmatize the budding practice of " -"cassette taping in the 1970s, including an advertising campaign featuring a " -"cassette-shape skull and the caption \"Home taping is killing music.\" At " -"the time digital audio tape became a threat, the Office of Technical " -"Assessment conducted a survey of consumer behavior. In 1988, 40 percent of " -"consumers older than ten had taped music to a cassette format. U.S. " -"Congress, Office of Technology Assessment, <citetitle>Copyright and Home " -"Copying: Technology Challenges the Law</citetitle>, OTA-CIT-422 (Washington, " -"D.C.: U.S. Government Printing Office, October 1989), 145–56." +"<placeholder type=\"indexterm\" id=\"0\"/> See Cap Gemini Ernst & Young, " +"<citetitle>Technology Evolution and the Music Industry's Business Model " +"Crisis</citetitle> (2003), 3. This report describes the music industry's " +"effort to stigmatize the budding practice of cassette taping in the 1970s, " +"including an advertising campaign featuring a cassette-shape skull and the " +"caption <quote>Home taping is killing music.</quote> At the time digital " +"audio tape became a threat, the Office of Technical Assessment conducted a " +"survey of consumer behavior. In 1988, 40 percent of consumers older than ten " +"had taped music to a cassette format. U.S. Congress, Office of Technology " +"Assessment, <citetitle>Copyright and Home Copying: Technology Challenges the " +"Law</citetitle>, OTA-CIT-422 (Washington, D.C.: U.S. Government Printing " +"Office, October 1989), 145–56." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3642 +#: freeculture.xml:3965 msgid "" "While the numbers do suggest that sharing is harmful, how harmful is harder " "to reckon. It has long been the recording industry's practice to blame " "technology for any drop in sales. The history of cassette recording is a " -"good example. As a study by Cap Gemini Ernst & Young put it, \"Rather " -"than exploiting this new, popular technology, the labels fought " -"it.\"<placeholder type=\"footnote\" id=\"0\"/> The labels claimed that every " -"album taped was an album unsold, and when record sales fell by 11.4 percent " -"in 1981, the industry claimed that its point was proved. Technology was the " -"problem, and banning or regulating technology was the answer." +"good example. As a study by Cap Gemini Ernst & Young put it, " +"<quote>Rather than exploiting this new, popular technology, the labels " +"fought it.</quote><placeholder type=\"footnote\" id=\"0\"/> The labels " +"claimed that every album taped was an album unsold, and when record sales " +"fell by 11.4 percent in 1981, the industry claimed that its point was " +"proved. Technology was the problem, and banning or regulating technology was " +"the answer." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3990 +msgid "MTV" msgstr "" #. f11 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3675 +#: freeculture.xml:4000 msgid "U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3667 +#: freeculture.xml:3992 msgid "" "Yet soon thereafter, and before Congress was given an opportunity to enact " -"regulation, MTV was launched, and the industry had a record turnaround. \"In " -"the end,\" Cap Gemini concludes, \"the `crisis' . . . was not the fault of " -"the tapers—who did not [stop after MTV came into being]—but had " -"to a large extent resulted from stagnation in musical innovation at the " -"major labels.\"<placeholder type=\"footnote\" id=\"0\"/>" +"regulation, MTV was launched, and the industry had a record " +"turnaround. <quote>In the end,</quote> Cap Gemini concludes, <quote>the " +"`crisis' … was not the fault of the tapers—who did not [stop " +"after MTV came into being]—but had to a large extent resulted from " +"stagnation in musical innovation at the major labels.</quote><placeholder " +"type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3679 +#: freeculture.xml:4005 msgid "" "But just because the industry was wrong before does not mean it is wrong " "today. To evaluate the real threat that p2p sharing presents to the industry " @@ -4863,19 +5863,24 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3689 +#: freeculture.xml:4015 msgid "" "We start to answer this question by focusing on the net harm, from the " "standpoint of the industry as a whole, that sharing networks cause. The " -"\"net harm\" to the industry as a whole is the amount by which type A " -"sharing exceeds type B. If the record companies sold more records through " -"sampling than they lost through substitution, then sharing networks would " -"actually benefit music companies on balance. They would therefore have " +"<quote>net harm</quote> to the industry as a whole is the amount by which " +"type A sharing exceeds type B. If the record companies sold more records " +"through sampling than they lost through substitution, then sharing networks " +"would actually benefit music companies on balance. They would therefore have " "little <emphasis>static</emphasis> reason to resist them." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:4025 +msgid "sales levels of" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3700 +#: freeculture.xml:4027 msgid "" "Could that be true? Could the industry as a whole be gaining because of file " "sharing? Odd as that might sound, the data about CD sales actually suggest " @@ -4884,7 +5889,7 @@ msgstr "" #. f12 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3709 +#: freeculture.xml:4036 msgid "" "See Recording Industry Association of America, <citetitle>2002 Yearend " "Statistics</citetitle>, available at <ulink " @@ -4892,30 +5897,31 @@ msgid "" "indicates even greater losses. See Recording Industry Association of " "America, <citetitle>Some Facts About Music Piracy</citetitle>, 25 June 2003, " "available at <ulink url=\"http://free-culture.cc/notes/\">link #16</ulink>: " -"\"In the past four years, unit shipments of recorded music have fallen by 26 " -"percent from 1.16 billion units in to 860 million units in 2002 in the " +"<quote>In the past four years, unit shipments of recorded music have fallen " +"by 26 percent from 1.16 billion units in to 860 million units in 2002 in the " "United States (based on units shipped). In terms of sales, revenues are " "down 14 percent, from $14.6 billion in to $12.6 billion last year (based on " "U.S. dollar value of shipments). The music industry worldwide has gone from " "a $39 billion industry in 2000 down to a $32 billion industry in 2002 (based " -"on U.S. dollar value of shipments).\"" +"on U.S. dollar value of shipments).</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:3736 +#: freeculture.xml:4063 msgid "Black, Jane" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3733 +#: freeculture.xml:4060 msgid "" -"Jane Black, \"Big Music's Broken Record,\" BusinessWeek online, 13 February " -"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#17</ulink>. <placeholder type=\"indexterm\" id=\"0\"/>" +"Jane Black, <quote>Big Music's Broken Record,</quote> BusinessWeek online, " +"13 February 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #17</ulink>. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3705 +#: freeculture.xml:4032 msgid "" "In 2002, the RIAA reported that CD sales had fallen by 8.9 percent, from 882 " "million to 803 million units; revenues fell 6.7 percent.<placeholder " @@ -4924,19 +5930,19 @@ msgid "" "other causes that could account for this drop. SoundScan, for example, " "reports a more than 20 percent drop in the number of CDs released since " "1999. That no doubt accounts for some of the decrease in sales. Rising " -"prices could account for at least some of the loss. \"From 1999 to 2001, the " -"average price of a CD rose 7.2 percent, from $13.04 to $14.19.\"<placeholder " -"type=\"footnote\" id=\"1\"/> Competition from other forms of media could " -"also account for some of the decline. As Jane Black of " -"<citetitle>BusinessWeek</citetitle> notes, \"The soundtrack to the film " -"<citetitle>High Fidelity</citetitle> has a list price of $18.98. You could " -"get the whole movie [on DVD] for $19.99.\"<placeholder type=\"footnote\" " -"id=\"2\"/>" +"prices could account for at least some of the loss. <quote>From 1999 to " +"2001, the average price of a CD rose 7.2 percent, from $13.04 to " +"$14.19.</quote><placeholder type=\"footnote\" id=\"1\"/> Competition from " +"other forms of media could also account for some of the decline. As Jane " +"Black of <citetitle>BusinessWeek</citetitle> notes, <quote>The soundtrack to " +"the film <citetitle>High Fidelity</citetitle> has a list price of " +"$18.98. You could get the whole movie [on DVD] for " +"$19.99.</quote><placeholder type=\"footnote\" id=\"2\"/>" msgstr "" #. PAGE BREAK 84 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3751 +#: freeculture.xml:4078 msgid "" "But let's assume the RIAA is right, and all of the decline in CD sales is " "because of Internet sharing. Here's the rub: In the same period that the " @@ -4947,25 +5953,25 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3759 +#: freeculture.xml:4086 msgid "" "There are too many different things happening at the same time to explain " "these numbers definitively, but one conclusion is unavoidable: The recording " -"industry constantly asks, \"What's the difference between downloading a song " -"and stealing a CD?\"—but their own numbers reveal the difference. If I " -"steal a CD, then there is one less CD to sell. Every taking is a lost " -"sale. But on the basis of the numbers the RIAA provides, it is absolutely " -"clear that the same is not true of downloads. If every download were a lost " -"sale—if every use of Kazaa \"rob[bed] the author of [his] " -"profit\"—then the industry would have suffered a 100 percent drop in " -"sales last year, not a 7 percent drop. If 2.6 times the number of CDs sold " -"were downloaded for free, and yet sales revenue dropped by just 6.7 percent, " -"then there is a huge difference between \"downloading a song and stealing a " -"CD.\"" +"industry constantly asks, <quote>What's the difference between downloading a " +"song and stealing a CD?</quote>—but their own numbers reveal the " +"difference. If I steal a CD, then there is one less CD to sell. Every taking " +"is a lost sale. But on the basis of the numbers the RIAA provides, it is " +"absolutely clear that the same is not true of downloads. If every download " +"were a lost sale—if every use of Kazaa <quote>rob[bed] the author of " +"[his] profit</quote>—then the industry would have suffered a 100 " +"percent drop in sales last year, not a 7 percent drop. If 2.6 times the " +"number of CDs sold were downloaded for free, and yet sales revenue dropped " +"by just 6.7 percent, then there is a huge difference between " +"<quote>downloading a song and stealing a CD.</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3774 +#: freeculture.xml:4102 msgid "" "These are the harms—alleged and perhaps exaggerated but, let's assume, " "real. What of the benefits? File sharing may impose costs on the recording " @@ -4974,7 +5980,7 @@ msgstr "" #. f15 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3786 +#: freeculture.xml:4114 msgid "" "By one estimate, 75 percent of the music released by the major labels is no " "longer in print. See Online Entertainment and Copyright Law—Coming " @@ -4985,7 +5991,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3780 +#: freeculture.xml:4108 msgid "" "One benefit is type C sharing—making available content that is " "technically still under copyright but is no longer commercially available. " @@ -4998,23 +6004,32 @@ msgid "" "<emphasis>to the company</emphasis> to make it available." msgstr "" -#. f16 +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:4127 freeculture.xml:4135 freeculture.xml:4156 freeculture.xml:4180 freeculture.xml:4691 freeculture.xml:6151 freeculture.xml:6156 freeculture.xml:6208 freeculture.xml:7175 freeculture.xml:7176 freeculture.xml:7562 freeculture.xml:7631 freeculture.xml:7919 freeculture.xml:14407 freeculture.xml:15133 freeculture.xml:15134 +msgid "books" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:4127 freeculture.xml:4135 freeculture.xml:7175 freeculture.xml:15134 +msgid "resales of" +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3806 +#: freeculture.xml:4135 msgid "" -"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, <citetitle>The " -"Quiet Revolution: The Expansion of the Used Book Market</citetitle> (2002), " -"available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#19</ulink>. Used records accounted for $260 million in sales in 2002. See " -"National Association of Recording Merchandisers, \"2002 Annual Survey " -"Results,\" available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#20</ulink>." +"<placeholder type=\"indexterm\" id=\"0\"/> 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, <citetitle>The Quiet Revolution: The " +"Expansion of the Used Book Market</citetitle> (2002), available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #19</ulink>. Used records " +"accounted for $260 million in sales in 2002. See National Association of " +"Recording Merchandisers, <quote>2002 Annual Survey Results,</quote> " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #20</ulink>." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3800 +#: freeculture.xml:4129 msgid "" "In real space—long before the Internet—the market had a simple " "response to this problem: used book and record stores. There are thousands " @@ -5028,28 +6043,39 @@ msgid "" "they don't have to pay the copyright owner for the content they sell." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:4156 freeculture.xml:6151 freeculture.xml:6156 freeculture.xml:7176 freeculture.xml:15133 +msgid "out of print" +msgstr "" + #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:3826 +#: freeculture.xml:4157 msgid "Bernstein, Leonard" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:4158 freeculture.xml:7632 +msgid "books on" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3828 +#: freeculture.xml:4160 msgid "" "Type C sharing, then, is very much like used book stores or used record " "stores. It is different, of course, because the person making the content " "available isn't making money from making the content available. It is also " "different, of course, because in real space, when I sell a record, I don't " "have it anymore, while in cyberspace, when someone shares my 1949 recording " -"of Bernstein's \"Two Love Songs,\" I still have it. That difference would " -"matter economically if the owner of the copyright were selling the record in " -"competition to my sharing. But we're talking about the class of content that " -"is not currently commercially available. The Internet is making it " -"available, through cooperative sharing, without competing with the market." +"of Bernstein's <quote>Two Love Songs,</quote> I still have it. That " +"difference would matter economically if the owner of the copyright were " +"selling the record in competition to my sharing. But we're talking about the " +"class of content that is not currently commercially available. The Internet " +"is making it available, through cooperative sharing, without competing with " +"the market." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3841 +#: freeculture.xml:4173 msgid "" "It may well be, all things considered, that it would be better if the " "copyright owner got something from this trade. But just because it may well " @@ -5059,9 +6085,24 @@ msgid "" "well?" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:4180 freeculture.xml:14407 +msgid "free on-line releases of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:4181 +msgid "Doctorow, Cory" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:4182 +msgid "Down and Out in the Magic Kingdom (Doctorow)" +msgstr "" + #. PAGE BREAK 86 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3849 +#: freeculture.xml:4184 msgid "" "Finally, and perhaps most importantly, file-sharing networks enable type D " "sharing to occur—the sharing of content that copyright owners want to " @@ -5070,15 +6111,16 @@ msgid "" "for example, released his first novel, <citetitle>Down and Out in the Magic " "Kingdom</citetitle>, both free on-line and in bookstores on the same " "day. His (and his publisher's) thinking was that the on-line distribution " -"would be a great advertisement for the \"real\" book. People would read part " -"on-line, and then decide whether they liked the book or not. If they liked " -"it, they would be more likely to buy it. Doctorow's content is type D " -"content. If sharing networks enable his work to be spread, then both he and " -"society are better off. (Actually, much better off: It is a great book!)" +"would be a great advertisement for the <quote>real</quote> book. People " +"would read part on-line, and then decide whether they liked the book or " +"not. If they liked it, they would be more likely to buy it. Doctorow's " +"content is type D content. If sharing networks enable his work to be spread, " +"then both he and society are better off. (Actually, much better off: It is a " +"great book!)" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3866 +#: freeculture.xml:4202 msgid "" "Likewise for work in the public domain: This sharing benefits society with " "no legal harm to authors at all. If efforts to solve the problem of type A " @@ -5087,20 +6129,21 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3872 +#: freeculture.xml:4208 msgid "" "The point throughout is this: While the recording industry understandably " -"says, \"This is how much we've lost,\" we must also ask, \"How much has " -"society gained from p2p sharing? What are the efficiencies? What is the " -"content that otherwise would be unavailable?\"" +"says, <quote>This is how much we've lost,</quote> we must also ask, " +"<quote>How much has society gained from p2p sharing? What are the " +"efficiencies? What is the content that otherwise would be " +"unavailable?</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3879 +#: freeculture.xml:4216 msgid "" "For unlike the piracy I described in the first section of this chapter, much " -"of the \"piracy\" that file sharing enables is plainly legal and good. And " -"like the piracy I described in chapter <xref xrefstyle=\"select: " +"of the <quote>piracy</quote> that file sharing enables is plainly legal and " +"good. And like the piracy I described in chapter <xref xrefstyle=\"select: " "labelnumber\" linkend=\"pirates\"/>, much of this piracy is motivated by a " "new way of spreading content caused by changes in the technology of " "distribution. Thus, consistent with the tradition that gave us Hollywood, " @@ -5112,15 +6155,15 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3893 +#: freeculture.xml:4230 msgid "" -"\"But isn't the war just a war against illegal sharing? Isn't the target " -"just what you call type A sharing?\"" +"<quote>But isn't the war just a war against illegal sharing? Isn't the " +"target just what you call type A sharing?</quote>" msgstr "" #. f17 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:3910 +#: freeculture.xml:4246 msgid "" "See Transcript of Proceedings, In Re: Napster Copyright Litigation at 34- 35 " "(N.D. Cal., 11 July 2001), nos. MDL-00-1369 MHP, C 99-5183 MHP, available at " @@ -5131,7 +6174,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3897 +#: freeculture.xml:4234 msgid "" "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 " @@ -5139,12 +6182,12 @@ msgid "" "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 \"down to " -"zero.\"<placeholder type=\"footnote\" id=\"0\"/>" +"good enough. Napster had to push the infringements <quote>down to " +"zero.</quote><placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3921 +#: freeculture.xml:4257 msgid "" "If 99.4 percent is not good enough, then this is a war on file-sharing " "technologies, not a war on copyright infringement. There is no way to assure " @@ -5158,7 +6201,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3932 +#: freeculture.xml:4268 msgid "" "Zero tolerance has not been our history. It has not produced the content " "industry that we know today. The history of American law has been a process " @@ -5169,22 +6212,42 @@ msgid "" "less." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:4277 +msgid "composers, copyright protections of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:4282 +msgid "music recordings played on" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:4284 +msgid "copyright protections in" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:4287 +msgid "composer's rights vs. producers' rights in" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3941 +#: freeculture.xml:4289 msgid "" -"So, as we've seen, when \"mechanical reproduction\" threatened the interests " -"of composers, Congress balanced the rights of composers against the " -"interests of the recording industry. It granted rights to composers, but " -"also to the recording artists: Composers were to be paid, but at a price set " -"by Congress. But when radio started broadcasting the recordings made by " -"these recording artists, and they complained to Congress that their " -"\"creative property\" was not being respected (since the radio station did " -"not have to pay them for the creativity it broadcast), Congress rejected " -"their claim. An indirect benefit was enough." +"So, as we've seen, when <quote>mechanical reproduction</quote> threatened " +"the interests of composers, Congress balanced the rights of composers " +"against the interests of the recording industry. It granted rights to " +"composers, but also to the recording artists: Composers were to be paid, but " +"at a price set by Congress. But when radio started broadcasting the " +"recordings made by these recording artists, and they complained to Congress " +"that their <quote>creative property</quote> was not being respected (since " +"the radio station did not have to pay them for the creativity it broadcast), " +"Congress rejected their claim. An indirect benefit was enough." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3953 +#: freeculture.xml:4302 msgid "" "Cable TV followed the pattern of record albums. When the courts rejected the " "claim that cable broadcasters had to pay for the content they rebroadcast, " @@ -5195,7 +6258,7 @@ msgstr "" #. PAGE BREAK 88 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3963 +#: freeculture.xml:4313 msgid "" "This compromise, like the compromise affecting records and player pianos, " "served two important goals—indeed, the two central goals of any " @@ -5213,12 +6276,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:3978 +#: freeculture.xml:4331 msgid "Betamax" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3980 +#: freeculture.xml:4334 msgid "" "In the same year that Congress struck this balance, two major producers and " "distributors of film content filed a lawsuit against another technology, the " @@ -5226,32 +6289,38 @@ msgid "" "produced, the Betamax. Disney's and Universal's claim against Sony was " "relatively simple: Sony produced a device, Disney and Universal claimed, " "that enabled consumers to engage in copyright infringement. Because the " -"device that Sony built had a \"record\" button, the device could be used to " -"record copyrighted movies and shows. Sony was therefore benefiting from the " -"copyright infringement of its customers. It should therefore, Disney and " -"Universal claimed, be partially liable for that infringement." +"device that Sony built had a <quote>record</quote> button, the device could " +"be used to record copyrighted movies and shows. Sony was therefore " +"benefiting from the copyright infringement of its customers. It should " +"therefore, Disney and Universal claimed, be partially liable for that " +"infringement." msgstr "" #. PAGE BREAK 89 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:3993 +#: freeculture.xml:4348 msgid "" "There was something to Disney's and Universal's claim. Sony did decide to " "design its machine to make it very simple to record television shows. It " "could have built the machine to block or inhibit any direct copying from a " "television broadcast. Or possibly, it could have built the machine to copy " -"only if there were a special \"copy me\" signal on the line. It was clear " -"that there were many television shows that did not grant anyone permission " -"to copy. Indeed, if anyone had asked, no doubt the majority of shows would " -"not have authorized copying. And in the face of this obvious preference, " -"Sony could have designed its system to minimize the opportunity for " -"copyright infringement. It did not, and for that, Disney and Universal " +"only if there were a special <quote>copy me</quote> signal on the line. It " +"was clear that there were many television shows that did not grant anyone " +"permission to copy. Indeed, if anyone had asked, no doubt the majority of " +"shows would not have authorized copying. And in the face of this obvious " +"preference, Sony could have designed its system to minimize the opportunity " +"for copyright infringement. It did not, and for that, Disney and Universal " "wanted to hold it responsible for the architecture it chose." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:4363 +msgid "on VCR technology" +msgstr "" + #. f18 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:4015 +#: freeculture.xml:4372 msgid "" "Copyright Infringements (Audio and Video Recorders): Hearing on S. 1758 " "Before the Senate Committee on the Judiciary, 97th Cong., 1st and 2nd sess., " @@ -5261,13 +6330,13 @@ msgstr "" #. f19 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:4027 +#: freeculture.xml:4384 msgid "Copyright Infringements (Audio and Video Recorders), 475." msgstr "" #. f20 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:4032 +#: freeculture.xml:4389 msgid "" "<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony " "Corp. of America</citetitle>, 480 F. Supp. 429, (C.D. Cal., 1979)." @@ -5275,63 +6344,70 @@ msgstr "" #. f21 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:4043 +#: freeculture.xml:4400 msgid "" "Copyright Infringements (Audio and Video Recorders), 485 (testimony of Jack " "Valenti)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4008 +#: freeculture.xml:4365 msgid "" "MPAA president Jack Valenti became the studios' most vocal champion. Valenti " -"called VCRs \"tapeworms.\" He warned, \"When there are 20, 30, 40 million of " -"these VCRs in the land, we will be invaded by millions of `tapeworms,' " -"eating away at the very heart and essence of the most precious asset the " -"copyright owner has, his copyright.\"<placeholder type=\"footnote\" " -"id=\"0\"/> \"One does not have to be trained in sophisticated marketing and " -"creative judgment,\" he told Congress, \"to understand the devastation on " -"the after-theater marketplace caused by the hundreds of millions of tapings " -"that will adversely impact on the future of the creative community in this " -"country. It is simply a question of basic economics and plain common " -"sense.\"<placeholder type=\"footnote\" id=\"1\"/> Indeed, as surveys would " -"later show, percent of VCR owners had movie libraries of ten videos or " -"more<placeholder type=\"footnote\" id=\"2\"/> — a use the Court would " -"later hold was not \"fair.\" By \"allowing VCR owners to copy freely by the " -"means of an exemption from copyright infringementwithout creating a " -"mechanism to compensate copyrightowners,\" Valenti testified, Congress would " -"\"take from the owners the very essence of their property: the exclusive " -"right to control who may use their work, that is, who may copy it and " -"thereby profit from its reproduction.\"<placeholder type=\"footnote\" " -"id=\"3\"/>" +"called VCRs <quote>tapeworms.</quote> He warned, <quote>When there are 20, " +"30, 40 million of these VCRs in the land, we will be invaded by millions of " +"`tapeworms,' eating away at the very heart and essence of the most precious " +"asset the copyright owner has, his copyright.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> <quote>One does not have to be trained in " +"sophisticated marketing and creative judgment,</quote> he told Congress, " +"<quote>to understand the devastation on the after-theater marketplace caused " +"by the hundreds of millions of tapings that will adversely impact on the " +"future of the creative community in this country. It is simply a question of " +"basic economics and plain common sense.</quote><placeholder " +"type=\"footnote\" id=\"1\"/> Indeed, as surveys would later show, 45 percent " +"of VCR owners had movie libraries of ten videos or more<placeholder " +"type=\"footnote\" id=\"2\"/> — a use the Court would later hold was " +"not <quote>fair.</quote> By <quote>allowing VCR owners to copy freely by the " +"means of an exemption from copyright infringement without creating a " +"mechanism to compensate copyright owners,</quote> Valenti testified, " +"Congress would <quote>take from the owners the very essence of their " +"property: the exclusive right to control who may use their work, that is, " +"who may copy it and thereby profit from its " +"reproduction.</quote><placeholder type=\"footnote\" id=\"3\"/>" msgstr "" #. f22 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:4060 +#: freeculture.xml:4418 msgid "" "<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony " "Corp. of America</citetitle>, 659 F. 2d 963 (9th Cir. 1981)." msgstr "" +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:4421 +msgid "Kozinski, Alex" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4048 +#: freeculture.xml:4406 msgid "" "It took eight years for this case to be resolved by the Supreme Court. In " "the interim, the Ninth Circuit Court of Appeals, which includes Hollywood in " "its jurisdiction—leading Judge Alex Kozinski, who sits on that court, " -"refers to it as the \"Hollywood Circuit\"—held that Sony would be " -"liable for the copyright infringement made possible by its machines. Under " -"the Ninth Circuit's rule, this totally familiar technology—which Jack " -"Valenti had called \"the Boston Strangler of the American film industry\" " -"(worse yet, it was a <emphasis>Japanese</emphasis> Boston Strangler of the " -"American film industry)—was an illegal technology.<placeholder " -"type=\"footnote\" id=\"0\"/>" +"refers to it as the <quote>Hollywood Circuit</quote>—held that Sony " +"would be liable for the copyright infringement made possible by its " +"machines. Under the Ninth Circuit's rule, this totally familiar " +"technology—which Jack Valenti had called <quote>the Boston Strangler " +"of the American film industry</quote> (worse yet, it was a " +"<emphasis>Japanese</emphasis> Boston Strangler of the American film " +"industry)—was an illegal technology.<placeholder type=\"footnote\" " +"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. PAGE BREAK 90 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4065 +#: freeculture.xml:4424 msgid "" "But the Supreme Court reversed the decision of the Ninth Circuit. And in " "its reversal, the Court clearly articulated its understanding of when and " @@ -5340,14 +6416,14 @@ msgstr "" #. f23 #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:4084 +#: freeculture.xml:4443 msgid "" "<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City " "Studios, Inc</citetitle>., 464 U.S. 417, 431 (1984)." msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:4074 +#: freeculture.xml:4433 msgid "" "Sound policy, as well as history, supports our consistent deference to " "Congress when major technological innovations alter the market for " @@ -5358,92 +6434,87 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4089 +#: freeculture.xml:4449 msgid "" "Congress was asked to respond to the Supreme Court's decision. But as with " "the plea of recording artists about radio broadcasts, Congress ignored the " "request. Congress was convinced that American film got enough, this " -"\"taking\" notwithstanding. If we put these cases together, a pattern is " -"clear:" -msgstr "" - -#. type: Content of: <book><part><chapter><section><table><title> -#: freeculture.xml:4097 -msgid "Pattern of Court and Congress response" +"<quote>taking</quote> notwithstanding. If we put these cases together, a " +"pattern is clear:" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><thead><row><entry> -#: freeculture.xml:4101 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:4460 msgid "CASE" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><thead><row><entry> -#: freeculture.xml:4102 -msgid "WHOSE VALUE WAS \"PIRATED\"" +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:4461 +msgid "WHOSE VALUE WAS <quote>PIRATED</quote>" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><thead><row><entry> -#: freeculture.xml:4103 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:4462 msgid "RESPONSE OF THE COURTS" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><thead><row><entry> -#: freeculture.xml:4104 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:4463 msgid "RESPONSE OF CONGRESS" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4109 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4468 msgid "Recordings" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4110 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4469 msgid "Composers" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4111 freeculture.xml:4123 freeculture.xml:4129 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4470 freeculture.xml:4482 freeculture.xml:4488 msgid "No protection" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4112 freeculture.xml:4124 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4471 freeculture.xml:4483 msgid "Statutory license" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4116 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4475 msgid "Recording artists" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4117 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4476 msgid "N/A" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4118 freeculture.xml:4130 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4477 freeculture.xml:4489 msgid "Nothing" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4122 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4481 msgid "Broadcasters" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4127 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4486 msgid "VCR" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:4128 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4487 msgid "Film creators" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:4140 +#: freeculture.xml:4499 msgid "" "These are the most important instances in our history, but there are other " "cases as well. The technology of digital audio tape (DAT), for example, was " @@ -5453,37 +6524,38 @@ msgid "" "<citetitle>United States Code</citetitle>), Pub. L. No. 102-563, 106 Stat. " "4237, codified at 17 U.S.C. §1001. Again, however, this regulation did not " "eliminate the opportunity for free riding in the sense I've described. See " -"Lessig, <citetitle>Future</citetitle>, 71. See also Picker, \"From Edison to " -"the Broadcast Flag,\" <citetitle>University of Chicago Law " +"Lessig, <citetitle>Future</citetitle>, 71. See also Picker, <quote>From " +"Edison to the Broadcast Flag,</quote> <citetitle>University of Chicago Law " "Review</citetitle> 70 (2003): 293–96. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4137 +#: freeculture.xml:4496 msgid "" "In each case throughout our history, a new technology changed the way " "content was distributed.<placeholder type=\"footnote\" id=\"0\"/> In each " -"case, throughout our history, that change meant that someone got a \"free " -"ride\" on someone else's work." +"case, throughout our history, that change meant that someone got a " +"<quote>free ride</quote> on someone else's work." msgstr "" #. PAGE BREAK 91 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4157 +#: freeculture.xml:4517 msgid "" "In <emphasis>none</emphasis> of these cases did either the courts or " "Congress eliminate all free riding. In <emphasis>none</emphasis> of these " "cases did the courts or Congress insist that the law should assure that the " "copyright holder get all the value that his copyright created. In every " -"case, the copyright owners complained of \"piracy.\" In every case, Congress " -"acted to recognize some of the legitimacy in the behavior of the " -"\"pirates.\" In each case, Congress allowed some new technology to benefit " -"from content made before. It balanced the interests at stake." +"case, the copyright owners complained of <quote>piracy.</quote> In every " +"case, Congress acted to recognize some of the legitimacy in the behavior of " +"the <quote>pirates.</quote> In each case, Congress allowed some new " +"technology to benefit from content made before. It balanced the interests at " +"stake." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4169 +#: freeculture.xml:4530 msgid "" "When you think across these examples, and the other examples that make up " "the first four chapters of this section, this balance makes sense. Was Walt " @@ -5495,39 +6567,44 @@ msgid "" "every cover band have to hire a lawyer to get permission to record a song?" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:4541 +msgid "on balance of interests in copyright law" +msgstr "" + #. f25 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:4186 +#: freeculture.xml:4548 msgid "" "<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City " "Studios, Inc</citetitle>., 464 U.S. 417, (1984)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4181 +#: freeculture.xml:4543 msgid "" "We could answer yes to each of these questions, but our tradition has " "answered no. In our tradition, as the Supreme Court has stated, copyright " -"\"has never accorded the copyright owner complete control over all possible " -"uses of his work.\"<placeholder type=\"footnote\" id=\"0\"/> Instead, the " -"particular uses that the law regulates have been defined by balancing the " -"good that comes from granting an exclusive right against the burdens such an " -"exclusive right creates. And this balancing has historically been done " -"<emphasis>after</emphasis> a technology has matured, or settled into the mix " -"of technologies that facilitate the distribution of content." +"<quote>has never accorded the copyright owner complete control over all " +"possible uses of his work.</quote><placeholder type=\"footnote\" id=\"0\"/> " +"Instead, the particular uses that the law regulates have been defined by " +"balancing the good that comes from granting an exclusive right against the " +"burdens such an exclusive right creates. And this balancing has historically " +"been done <emphasis>after</emphasis> a technology has matured, or settled " +"into the mix of technologies that facilitate the distribution of content." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4197 +#: freeculture.xml:4559 msgid "" "We should be doing the same thing today. The technology of the Internet is " "changing quickly. The way people connect to the Internet (wires " "vs. wireless) is changing very quickly. No doubt the network should not " -"become a tool for \"stealing\" from artists. But neither should the law " -"become a tool to entrench one particular way in which artists (or more " -"accurately, distributors) get paid. As I describe in some detail in the last " -"chapter of this book, we should be securing income to artists while we allow " -"the market to secure the most efficient way to promote and distribute " +"become a tool for <quote>stealing</quote> from artists. But neither should " +"the law become a tool to entrench one particular way in which artists (or " +"more accurately, distributors) get paid. As I describe in some detail in the " +"last chapter of this book, we should be securing income to artists while we " +"allow the market to secure the most efficient way to promote and distribute " "content. This will require changes in the law, at least in the " "interim. These changes should be designed to balance the protection of the " "law against the strong public interest that innovation continue." @@ -5535,72 +6612,85 @@ msgstr "" #. f26 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:4221 +#: freeculture.xml:4583 msgid "" -"John Schwartz, \"New Economy: The Attack on Peer-to-Peer Software Echoes " -"Past Efforts,\" <citetitle>New York Times</citetitle>, 22 September 2003, " -"C3." +"John Schwartz, <quote>New Economy: The Attack on Peer-to-Peer Software " +"Echoes Past Efforts,</quote> <citetitle>New York Times</citetitle>, 22 " +"September 2003, C3." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4213 +#: freeculture.xml:4575 msgid "" "This is especially true when a new technology enables a vastly superior mode " "of distribution. And this p2p has done. P2p technologies can be ideally " "efficient in moving content across a widely diverse network. Left to " "develop, they could make the network vastly more efficient. Yet these " -"\"potential public benefits,\" as John Schwartz writes in <citetitle>The New " -"York Times</citetitle>, \"could be delayed in the P2P fight.\"<placeholder " -"type=\"footnote\" id=\"0\"/> Yet when anyone begins to talk about " -"\"balance,\" the copyright warriors raise a different argument. \"All this " -"hand waving about balance and incentives,\" they say, \"misses a fundamental " -"point. Our content,\" the warriors insist, \"is our " -"<emphasis>property</emphasis>. Why should we wait for Congress to " -"`rebalance' our property rights? Do you have to wait before calling the " -"police when your car has been stolen? And why should Congress deliberate at " -"all about the merits of this theft? Do we ask whether the car thief had a " -"good use for the car before we arrest him?\"" +"<quote>potential public benefits,</quote> as John Schwartz writes in " +"<citetitle>The New York Times</citetitle>, <quote>could be delayed in the " +"P2P fight.</quote><placeholder type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4588 +msgid "" +"<emphasis role='strong'>Yet when anyone</emphasis> begins to talk about " +"<quote>balance,</quote> the copyright warriors raise a different " +"argument. <quote>All this hand waving about balance and incentives,</quote> " +"they say, <quote>misses a fundamental point. Our content,</quote> the " +"warriors insist, <quote>is our <emphasis>property</emphasis>. Why should we " +"wait for Congress to `rebalance' our property rights? Do you have to wait " +"before calling the police when your car has been stolen? And why should " +"Congress deliberate at all about the merits of this theft? Do we ask whether " +"the car thief had a good use for the car before we arrest him?</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:4235 +#: freeculture.xml:4600 msgid "" -"\"It is <emphasis>our property</emphasis>,\" the warriors insist. \"And it " -"should be protected just as any other property is protected.\"" +"<quote>It is <emphasis>our property</emphasis>,</quote> the warriors " +"insist. <quote>And it should be protected just as any other property is " +"protected.</quote>" msgstr "" #. type: Content of: <book><part><title> -#: freeculture.xml:4243 -msgid "\"PROPERTY\"" +#: freeculture.xml:4609 +msgid "<quote>Property</quote>" msgstr "" #. PAGE BREAK 94 #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:4248 +#: freeculture.xml:4614 msgid "" -"The copyright warriors are right: A copyright is a kind of property. It can " -"be owned and sold, and the law protects against its theft. Ordinarily, the " -"copyright owner gets to hold out for any price he wants. Markets reckon the " -"supply and demand that partially determine the price she can get." +"<emphasis role='strong'>The copyright warriors</emphasis> are right: A " +"copyright is a kind of property. It can be owned and sold, and the law " +"protects against its theft. Ordinarily, the copyright owner gets to hold out " +"for any price he wants. Markets reckon the supply and demand that partially " +"determine the price she can get." msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:4255 -msgid "" -"But in ordinary language, to call a copyright a \"property\" right is a bit " -"misleading, for the property of copyright is an odd kind of property. " -"Indeed, the very idea of property in any idea or any expression is very " -"odd. I understand what I am taking when I take the picnic table you put in " -"your backyard. I am taking a thing, the picnic table, and after I take it, " -"you don't have it. But what am I taking when I take the good " +#: freeculture.xml:4621 +msgid "" +"But in ordinary language, to call a copyright a <quote>property</quote> " +"right is a bit misleading, for the property of copyright is an odd kind of " +"property. Indeed, the very idea of property in any idea or any expression " +"is very odd. I understand what I am taking when I take the picnic table you " +"put in your backyard. I am taking a thing, the picnic table, and after I " +"take it, you don't have it. But what am I taking when I take the good " "<emphasis>idea</emphasis> you had to put a picnic table in the " "backyard—by, for example, going to Sears, buying a table, and putting " "it in my backyard? What is the thing I am taking then?" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:4632 freeculture.xml:6442 freeculture.xml:14394 +msgid "Jefferson, Thomas" +msgstr "" + #. f1 #. type: Content of: <book><part><partintro><para><footnote><para> -#: freeculture.xml:4280 +#: freeculture.xml:4647 msgid "" "Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in " "<citetitle>The Writings of Thomas Jefferson</citetitle>, vol. 6 (Andrew " @@ -5608,7 +6698,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:4267 +#: freeculture.xml:4634 msgid "" "The point is not just about the thingness of picnic tables versus ideas, " "though that's an important difference. The point instead is that in the " @@ -5617,14 +6707,19 @@ msgid "" "anything from you when I copy the way you dress—though I might seem " "weird if I did it every day, and especially weird if you are a " "woman. Instead, as Thomas Jefferson said (and as is especially true when I " -"copy the way someone else dresses), \"He who receives an idea from me, " +"copy the way someone else dresses), <quote>He who receives an idea from me, " "receives instruction himself without lessening mine; as he who lights his " -"taper at mine, receives light without darkening me.\"<placeholder " +"taper at mine, receives light without darkening me.</quote><placeholder " "type=\"footnote\" id=\"0\"/>" msgstr "" +#. type: Content of: <book><part><partintro><indexterm><secondary> +#: freeculture.xml:4652 +msgid "intangibility of" +msgstr "" + #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:4286 +#: freeculture.xml:4654 msgid "" "The exceptions to free use are ideas and expressions within the reach of the " "law of patent and copyright, and a few other domains that I won't discuss " @@ -5634,73 +6729,131 @@ msgstr "" #. f2 #. type: Content of: <book><part><partintro><para><footnote><para> -#: freeculture.xml:4299 +#: freeculture.xml:4667 msgid "" "As the legal realists taught American law, all property rights are " "intangible. A property right is simply a right that an individual has " "against the world to do or not do certain things that may or may not attach " "to a physical object. The right itself is intangible, even if the object to " -"which it is (metaphorically) attached is tangible. See Adam Mossoff, \"What " -"Is Property? Putting the Pieces Back Together,\" <citetitle>Arizona Law " -"Review</citetitle> 45 (2003): 373, 429 n. 241." +"which it is (metaphorically) attached is tangible. See Adam Mossoff, " +"<quote>What Is Property? Putting the Pieces Back Together,</quote> " +"<citetitle>Arizona Law Review</citetitle> 45 (2003): 373, 429 n. 241." msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:4294 +#: freeculture.xml:4662 msgid "" "But how, and to what extent, and in what form—the details, in other " "words—matter. To get a good sense of how this practice of turning the " -"intangible into property emerged, we need to place this \"property\" in its " -"proper context.<placeholder type=\"footnote\" id=\"0\"/>" +"intangible into property emerged, we need to place this " +"<quote>property</quote> in its proper context.<placeholder type=\"footnote\" " +"id=\"0\"/>" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:4309 +#: freeculture.xml:4677 msgid "" "My strategy in doing this will be the same as my strategy in the preceding " -"part. I offer four stories to help put the idea of \"copyright material is " -"property\" in context. Where did the idea come from? What are its limits? " -"How does it function in practice? After these stories, the significance of " -"this true statement—\"copyright material is property\"— will be " -"a bit more clear, and its implications will be revealed as quite different " -"from the implications that the copyright warriors would have us draw." +"part. I offer four stories to help put the idea of <quote>copyright material " +"is property</quote> in context. Where did the idea come from? What are its " +"limits? How does it function in practice? After these stories, the " +"significance of this true statement—<quote>copyright material is " +"property</quote>— will be a bit more clear, and its implications will " +"be revealed as quite different from the implications that the copyright " +"warriors would have us draw." msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:4322 -msgid "CHAPTER SIX: Founders" +#: freeculture.xml:4690 +msgid "Chapter Six: Founders" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:4691 +msgid "English copyright law developed for" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4694 +msgid "England, copyright laws developed in" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:4695 freeculture.xml:13935 +msgid "United Kingdom" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:4695 +msgid "history of copyright law in" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4696 freeculture.xml:4866 +msgid "Branagh, Kenneth" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4697 +msgid "Henry V" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4699 freeculture.xml:4831 +msgid "Romeo and Juliet (Shakespeare)" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4324 +#: freeculture.xml:4701 msgid "" -"William Shakespeare wrote <citetitle>Romeo and Juliet</citetitle> in " -"1595. The play was first published in 1597. It was the eleventh major play " -"that Shakespeare had written. He would continue to write plays through 1613, " -"and the plays that he wrote have continued to define Anglo-American culture " -"ever since. So deeply have the works of a sixteenth-century writer seeped " -"into our culture that we often don't even recognize their source. I once " -"overheard someone commenting on Kenneth Branagh's adaptation of Henry V: \"I " -"liked it, but Shakespeare is so full of clichés.\"" +"<emphasis role='strong'>William Shakespeare</emphasis> wrote " +"<citetitle>Romeo and Juliet</citetitle> in 1595. The play was first " +"published in 1597. It was the eleventh major play that Shakespeare had " +"written. He would continue to write plays through 1613, and the plays that " +"he wrote have continued to define Anglo-American culture ever since. So " +"deeply have the works of a sixteenth-century writer seeped into our culture " +"that we often don't even recognize their source. I once overheard someone " +"commenting on Kenneth Branagh's adaptation of Henry V: <quote>I liked it, " +"but Shakespeare is so full of clichés.</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4712 freeculture.xml:4796 freeculture.xml:4905 freeculture.xml:5038 +msgid "Conger" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4713 +msgid "Tonson, Jacob" +msgstr "" + +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:4719 +msgid "Jonson, Ben" +msgstr "" + +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:4720 +msgid "Dryden, John" msgstr "" -#. f1 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4339 +#: freeculture.xml:4719 msgid "" -"Jacob Tonson is typically remembered for his associations with prominent " -"eighteenth-century literary figures, especially John Dryden, and for his " -"handsome \"definitive editions\" of classic works. In addition to " -"<citetitle>Romeo and Juliet</citetitle>, he published an astonishing array " -"of works that still remain at the heart of the English canon, including " -"collected works of Shakespeare, Ben Jonson, John Milton, and John " -"Dryden. See Keith Walker, \"Jacob Tonson, Bookseller,\" <citetitle>American " -"Scholar</citetitle> 61:3 (1992): 424–31." +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> Jacob Tonson is typically remembered for his associations with " +"prominent eighteenth-century literary figures, especially John Dryden, and " +"for his handsome <quote>definitive editions</quote> of classic works. In " +"addition to <citetitle>Romeo and Juliet</citetitle>, he published an " +"astonishing array of works that still remain at the heart of the English " +"canon, including collected works of Shakespeare, Ben Jonson, John Milton, " +"and John Dryden. See Keith Walker, <quote>Jacob Tonson, Bookseller,</quote> " +"<citetitle>American Scholar</citetitle> 61:3 (1992): 424–31." msgstr "" #. f2 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4350 +#: freeculture.xml:4732 msgid "" "Lyman Ray Patterson, <citetitle>Copyright in Historical " "Perspective</citetitle> (Nashville: Vanderbilt University Press, 1968), " @@ -5709,103 +6862,143 @@ msgstr "" #. PAGE BREAK 97 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4335 +#: freeculture.xml:4715 msgid "" "In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was " -"written, the \"copy-right\" for the work was still thought by many to be the " -"exclusive right of a single London publisher, Jacob Tonson.<placeholder " -"type=\"footnote\" id=\"0\"/> Tonson was the most prominent of a small group " -"of publishers called the Conger<placeholder type=\"footnote\" id=\"1\"/> who " -"controlled bookselling in England during the eighteenth century. The Conger " -"claimed a perpetual right to control the \"copy\" of books that they had " -"acquired from authors. That perpetual right meant that no 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." +"written, the <quote>copy-right</quote> for the work was still thought by " +"many to be the exclusive right of a single London publisher, Jacob " +"Tonson.<placeholder type=\"footnote\" id=\"0\"/> Tonson was the most " +"prominent of a small group of publishers called the Conger<placeholder " +"type=\"footnote\" id=\"1\"/> who controlled bookselling in England during " +"the eighteenth century. The Conger claimed a perpetual right to control the " +"<quote>copy</quote> of books that they had acquired from authors. That " +"perpetual right meant that no 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." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4744 freeculture.xml:4797 freeculture.xml:4937 freeculture.xml:5118 freeculture.xml:5274 +msgid "British Parliament" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:4746 freeculture.xml:7113 +msgid "renewability of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:4747 freeculture.xml:4799 freeculture.xml:4843 freeculture.xml:4950 freeculture.xml:5037 freeculture.xml:7103 +msgid "Statute of Anne (1710)" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4372 +#: freeculture.xml:4758 msgid "" -"As Siva Vaidhyanathan nicely argues, it is erroneous to call this a " -"\"copyright law.\" See Vaidhyanathan, <citetitle>Copyrights and " -"Copywrongs</citetitle>, 40. <placeholder type=\"indexterm\" id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> As Siva Vaidhyanathan nicely " +"argues, it is erroneous to call this a <quote>copyright law.</quote> See " +"Vaidhyanathan, <citetitle>Copyrights and Copywrongs</citetitle>, 40." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4363 +#: freeculture.xml:4749 msgid "" "Now, there's something puzzling about the year 1774 to anyone who knows a " "little about copyright law. The better-known year in the history of " "copyright is 1710, the year that the British Parliament adopted the first " -"\"copyright\" act. Known as the Statute of Anne, the act stated that all " -"published works would get a copyright term of fourteen years, renewable once " -"if the author was alive, and that all works already published by 1710 would " -"get a single term of twenty-one additional years.<placeholder " +"<quote>copyright</quote> act. Known as the Statute of Anne, the act stated " +"that all published works would get a copyright term of fourteen years, " +"renewable once if the author was alive, and that all works already published " +"by 1710 would get a single term of twenty-one additional years.<placeholder " "type=\"footnote\" id=\"0\"/> Under this law, <citetitle>Romeo and " "Juliet</citetitle> should have been free in 1731. So why was there any issue " "about it still being under Tonson's control in 1774?" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4389 +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:4767 freeculture.xml:4991 +msgid "common vs. positive" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4768 freeculture.xml:4992 +msgid "positive law" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4769 msgid "Licensing Act (1662)" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4380 +#: freeculture.xml:4771 msgid "" -"The reason is that the English hadn't yet agreed on what a \"copyright\" " -"was—indeed, no one had. At the time the English passed the Statute of " -"Anne, there was no other legislation governing copyrights. The last law " -"regulating publishers, the Licensing Act of 1662, had expired in 1695. That " -"law gave publishers a monopoly over publishing, as a way to make it easier " -"for the Crown to control what was published. But after it expired, there " -"was no positive law that said that the publishers, or \"Stationers,\" had an " -"exclusive right to print books. <placeholder type=\"indexterm\" id=\"0\"/>" +"The reason is that the English hadn't yet agreed on what a " +"<quote>copyright</quote> was—indeed, no one had. At the time the " +"English passed the Statute of Anne, there was no other legislation governing " +"copyrights. The last law regulating publishers, the Licensing Act of 1662, " +"had expired in 1695. That law gave publishers a monopoly over publishing, as " +"a way to make it easier for the Crown to control what was published. But " +"after it expired, there was no positive law that said that the publishers, " +"or <quote>Stationers,</quote> had an exclusive right to print books." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4782 freeculture.xml:4990 freeculture.xml:5061 freeculture.xml:5161 +msgid "common law" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4392 +#: freeculture.xml:4784 msgid "" "There was no <emphasis>positive</emphasis> law, but that didn't mean that " "there was no law. The Anglo-American legal tradition looks to both the words " "of legislatures and the words of judges to know the rules that are to govern " -"how people are to behave. We call the words from legislatures \"positive " -"law.\" We call the words from judges \"common law.\" The common law sets the " -"background against which legislatures legislate; the legislature, " -"ordinarily, can trump that background only if it passes a law to displace " -"it. And so the real question after the licensing statutes had expired was " -"whether the common law protected a copyright, independent of any positive " -"law." +"how people are to behave. We call the words from legislatures " +"<quote>positive law.</quote> We call the words from judges <quote>common " +"law.</quote> The common law sets the background against which legislatures " +"legislate; the legislature, ordinarily, can trump that background only if it " +"passes a law to displace it. And so the real question after the licensing " +"statutes had expired was whether the common law protected a copyright, " +"independent of any positive law." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4798 freeculture.xml:5027 freeculture.xml:5135 freeculture.xml:5213 +msgid "Scottish publishers" msgstr "" #. PAGE BREAK 98 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4404 +#: freeculture.xml:4801 msgid "" -"This question was important to the publishers, or \"booksellers,\" as they " -"were called, because there was growing competition from foreign " -"publishers. The Scottish, in particular, were increasingly publishing and " -"exporting books to England. That competition reduced the profits of the " -"Conger, which reacted by demanding that Parliament pass a law to again give " -"them exclusive control over publishing. That demand ultimately resulted in " -"the Statute of Anne." +"This question was important to the publishers, or " +"<quote>booksellers,</quote> as they were called, because there was growing " +"competition from foreign publishers. The Scottish, in particular, were " +"increasingly publishing and exporting books to England. That competition " +"reduced the profits of the Conger, which reacted by demanding that " +"Parliament pass a law to again give them exclusive control over " +"publishing. That demand ultimately resulted in the Statute of Anne." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:4812 +msgid "as narrow monopoly right" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4416 +#: freeculture.xml:4814 msgid "" -"The Statute of Anne granted the author or \"proprietor\" of a book an " -"exclusive right to print that book. In an important limitation, however, and " -"to the horror of the booksellers, the law gave the bookseller that right for " -"a limited term. At the end of that term, the copyright \"expired,\" and the " -"work would then be free and could be published by anyone. Or so the " -"legislature is thought to have believed." +"The Statute of Anne granted the author or <quote>proprietor</quote> of a " +"book an exclusive right to print that book. In an important limitation, " +"however, and to the horror of the booksellers, the law gave the bookseller " +"that right for a limited term. At the end of that term, the copyright " +"<quote>expired,</quote> and the work would then be free and could be " +"published by anyone. Or so the legislature is thought to have believed." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4425 +#: freeculture.xml:4824 msgid "" "Now, the thing to puzzle about for a moment is this: Why would Parliament " "limit the exclusive right? Not why would they limit it to the particular " @@ -5814,7 +7007,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4431 +#: freeculture.xml:4833 msgid "" "For the booksellers, and the authors whom they represented, had a very " "strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: " @@ -5824,36 +7017,42 @@ msgid "" "play, he didn't make it any harder for others to craft a play. So why is it " "that the law would ever allow someone else to come along and take " "Shakespeare's play without his, or his estate's, permission? What reason is " -"there to allow someone else to \"steal\" Shakespeare's work?" +"there to allow someone else to <quote>steal</quote> Shakespeare's work?" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4442 +#: freeculture.xml:4845 msgid "" "The answer comes in two parts. We first need to see something special about " -"the notion of \"copyright\" that existed at the time of the Statute of " -"Anne. Second, we have to see something important about \"booksellers.\"" +"the notion of <quote>copyright</quote> that existed at the time of the " +"Statute of Anne. Second, we have to see something important about " +"<quote>booksellers.</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:4850 freeculture.xml:7623 freeculture.xml:7794 +msgid "usage restrictions attached to" msgstr "" #. PAGE BREAK 99 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4448 +#: freeculture.xml:4852 msgid "" "First, about copyright. In the last three hundred years, we have come to " -"apply the concept of \"copyright\" ever more broadly. But in 1710, it wasn't " -"so much a concept as it was a very particular right. The copyright was born " -"as a very specific set of restrictions: It forbade others from reprinting a " -"book. In 1710, the \"copy-right\" was a right to use a particular machine to " -"replicate a particular work. It did not go beyond that very narrow right. It " -"did not control any more generally how a work could be " -"<emphasis>used</emphasis>. Today the right includes a large collection of " -"restrictions on the freedom of others: It grants the author the exclusive " -"right to copy, the exclusive right to distribute, the exclusive right to " -"perform, and so on." +"apply the concept of <quote>copyright</quote> ever more broadly. But in " +"1710, it wasn't so much a concept as it was a very particular right. The " +"copyright was born as a very specific set of restrictions: It forbade others " +"from reprinting a book. In 1710, the <quote>copy-right</quote> was a right " +"to use a particular machine to replicate a particular work. It did not go " +"beyond that very narrow right. It did not control any more generally how a " +"work could be <emphasis>used</emphasis>. Today the right includes a large " +"collection of restrictions on the freedom of others: It grants the author " +"the exclusive right to copy, the exclusive right to distribute, the " +"exclusive right to perform, and so on." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4463 +#: freeculture.xml:4869 msgid "" "So, for example, even if the copyright to Shakespeare's works were " "perpetual, all that would have meant under the original meaning of the term " @@ -5861,17 +7060,32 @@ msgid "" "the Shakespeare estate. It would not have controlled anything, for example, " "about how the work could be performed, whether the work could be translated, " "or whether Kenneth Branagh would be allowed to make his films. The " -"\"copy-right\" was only an exclusive right to print—no less, of " -"course, but also no more." +"<quote>copy-right</quote> was only an exclusive right to print—no " +"less, of course, but also no more." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4878 +msgid "Henry VIII, King of England" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4879 +msgid "monopoly, copyright as" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4880 +msgid "Statute of Monopolies (1656)" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4475 +#: freeculture.xml:4882 msgid "" "Even that limited right was viewed with skepticism by the British. They had " -"had a long and ugly experience with \"exclusive rights,\" especially " -"\"exclusive rights\" granted by the Crown. The English had fought a civil " -"war in part about the Crown's practice of handing out " +"had a long and ugly experience with <quote>exclusive rights,</quote> " +"especially <quote>exclusive rights</quote> granted by the Crown. The English " +"had fought a civil war in part about the Crown's practice of handing out " "monopolies—especially monopolies for works that already existed. King " "Henry VIII granted a patent to print the Bible and a monopoly to Darcy to " "print playing cards. The English Parliament began to fight back against this " @@ -5881,27 +7095,37 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4491 +#: freeculture.xml:4895 msgid "" -"Thus the \"copy-right,\" when viewed as a monopoly right, was naturally " -"viewed as a right that should be limited. (However convincing the claim that " -"\"it's my property, and I should have it forever,\" try sounding convincing " -"when uttering, \"It's my monopoly, and I should 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." +"Thus the <quote>copy-right,</quote> when viewed as a monopoly right, was " +"naturally viewed as a right that should be limited. (However convincing the " +"claim that <quote>it's my property, and I should have it forever,</quote> " +"try sounding convincing when uttering, <quote>It's my monopoly, and I should " +"have it forever.</quote>) 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." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4903 freeculture.xml:5196 +msgid "Milton, John" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4904 +msgid "booksellers, English" msgstr "" #. f4 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4517 +#: freeculture.xml:4923 msgid "" "Philip Wittenberg, <citetitle>The Protection and Marketing of Literary " "Property</citetitle> (New York: J. Messner, Inc., 1937), 31." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4502 +#: freeculture.xml:4908 msgid "" "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. " @@ -5910,14 +7134,24 @@ msgid "" "increasingly seen as monopolists of the worst kind—tools of the " "Crown's repression, selling the liberty of England to guarantee themselves a " "monopoly profit. The attacks against these monopolists were harsh: Milton " -"described them as \"old patentees and monopolizers in the trade of " -"book-selling\"; they were \"men who do not therefore labour in an honest " -"profession to which learning is indetted.\"<placeholder type=\"footnote\" " -"id=\"0\"/>" +"described them as <quote>old patentees and monopolizers in the trade of " +"book-selling</quote>; they were <quote>men who do not therefore labour in an " +"honest profession to which learning is indetted.</quote><placeholder " +"type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4927 +msgid "Enlightenment" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4928 +msgid "knowledge, freedom of" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4522 +#: freeculture.xml:4930 msgid "" "Many believed the power the booksellers exercised over the spread of " "knowledge was harming that spread, just at the time the Enlightenment was " @@ -5927,7 +7161,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4530 +#: freeculture.xml:4939 msgid "" "To balance this power, Parliament decided to increase competition among " "booksellers, and the simplest way to do that was to spread the wealth of " @@ -5940,8 +7174,13 @@ msgid "" "culture." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:4952 freeculture.xml:5087 freeculture.xml:5181 freeculture.xml:11136 +msgid "in perpetuity" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4542 +#: freeculture.xml:4954 msgid "" "When 1731 (1710 + 21) came along, however, the booksellers were getting " "anxious. They saw the consequences of more competition, and like every " @@ -5953,7 +7192,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4551 +#: freeculture.xml:4963 msgid "" "Parliament rejected their requests. As one pamphleteer put it, in words that " "echo today," @@ -5961,7 +7200,7 @@ msgstr "" #. f5 #. type: Content of: <book><part><chapter><blockquote><para><footnote><para> -#: freeculture.xml:4566 +#: freeculture.xml:4978 msgid "" "A Letter to a Member of Parliament concerning the Bill now depending in the " "House of Commons, for making more effectual an Act in the Eighth Year of the " @@ -5973,7 +7212,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:4556 +#: freeculture.xml:4968 msgid "" "I see no Reason for granting a further Term now, which will not hold as well " "for granting it again and again, as often as the Old ones Expire; so that " @@ -5985,157 +7224,198 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4577 +#: freeculture.xml:4994 msgid "" "Having failed in Parliament, the publishers turned to the courts in a series " "of cases. Their argument was simple and direct: The Statute of Anne gave " "authors certain protections through positive law, but those protections were " "not intended as replacements for the common law. Instead, they were " "intended simply to supplement the common law. Under common law, it was " -"already wrong to take another person's creative \"property\" and use it " -"without his permission. The Statute of Anne, the booksellers argued, didn't " -"change that. Therefore, just because the protections of the Statute of Anne " -"expired, that didn't mean the protections of the common law expired: Under " -"the common law they had the right to ban the publication of a book, even if " -"its Statute of Anne copyright had expired. This, they argued, was the only " -"way to protect authors." +"already wrong to take another person's creative <quote>property</quote> and " +"use it without his permission. The Statute of Anne, the booksellers argued, " +"didn't change that. Therefore, just because the protections of the Statute " +"of Anne expired, that didn't mean the protections of the common law expired: " +"Under the common law they had the right to ban the publication of a book, " +"even if its Statute of Anne copyright had expired. This, they argued, was " +"the only way to protect authors." +msgstr "" + +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:5016 freeculture.xml:5026 freeculture.xml:5069 +msgid "Patterson, Raymond" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4598 +#: freeculture.xml:5016 msgid "" -"Lyman Ray Patterson, \"Free Speech, Copyright, and Fair Use,\" " -"<citetitle>Vanderbilt Law Review</citetitle> 40 (1987): 28. For a " -"wonderfully compelling account, see Vaidhyanathan, 37–48. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> Lyman Ray Patterson, <quote>Free Speech, Copyright, and Fair " +"Use,</quote> <citetitle>Vanderbilt Law Review</citetitle> 40 (1987): 28. For " +"a wonderfully compelling account, see Vaidhyanathan, 37–48." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4592 +#: freeculture.xml:5010 msgid "" "This was a clever argument, and one that had the support of some of the " "leading jurists of the day. It also displayed extraordinary chutzpah. Until " -"then, as law professor Raymond Patterson has put it, \"The publishers " -". . . had as much concern for authors as a cattle rancher has for " -"cattle.\"<placeholder type=\"footnote\" id=\"0\"/> The bookseller didn't " -"care squat for the rights of the author. His concern was the monopoly " -"profit that the author's work gave." +"then, as law professor Raymond Patterson has put it, <quote>The publishers " +"… had as much concern for authors as a cattle rancher has for " +"cattle.</quote><placeholder type=\"footnote\" id=\"0\"/> The bookseller " +"didn't care squat for the rights of the author. His concern was the " +"monopoly profit that the author's work gave." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5025 freeculture.xml:5134 +msgid "Donaldson, Alexander" msgstr "" #. f7 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4611 +#: freeculture.xml:5033 msgid "" "For a compelling account, see David Saunders, <citetitle>Authorship and " "Copyright</citetitle> (London: Routledge, 1992), 62–69." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4607 +#: freeculture.xml:5029 msgid "" "The booksellers' argument was not accepted without a fight. The hero of " "this fight was a Scottish bookseller named Alexander Donaldson.<placeholder " "type=\"footnote\" id=\"0\"/>" msgstr "" -#. f8 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5039 +msgid "Boswell, James" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5040 +msgid "Erskine, Andrew" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:5049 freeculture.xml:15558 +msgid "Rose, Mark" +msgstr "" + #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4621 +#: freeculture.xml:5047 msgid "" "Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard " -"University Press, 1993), 92." +"University Press, 1993), 92. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. f9 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4631 +#: freeculture.xml:5058 msgid "Ibid., 93." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4633 -msgid "Erskine, Andrew" -msgstr "" - #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4616 +#: freeculture.xml:5042 msgid "" "Donaldson was an outsider to the London Conger. He began his career in " -"Edinburgh in 1750. The focus of his business was inexpensive reprints \"of " -"standard works whose copyright term had expired,\" at least under the " -"Statute of Anne.<placeholder type=\"footnote\" id=\"0\"/> Donaldson's " -"publishing house prospered and became \"something of a center for literary " -"Scotsmen.\" \"[A]mong them,\" Professor Mark Rose writes, was \"the young " -"James Boswell who, together with his friend Andrew Erskine, published an " -"anthology of contemporary Scottish poems with Donaldson.\"<placeholder " -"type=\"footnote\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/>" +"Edinburgh in 1750. The focus of his business was inexpensive reprints " +"<quote>of standard works whose copyright term had expired,</quote> at least " +"under the Statute of Anne.<placeholder type=\"footnote\" id=\"0\"/> " +"Donaldson's publishing house prospered and became <quote>something of a " +"center for literary Scotsmen.</quote> <quote>[A]mong them,</quote> Professor " +"Mark Rose writes, was <quote>the young James Boswell who, together with his " +"friend Andrew Erskine, published an anthology of contemporary Scottish poems " +"with Donaldson.</quote><placeholder type=\"footnote\" id=\"1\"/>" msgstr "" -#. f10 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4642 +#: freeculture.xml:5069 msgid "" -"Lyman Ray Patterson, <citetitle>Copyright in Historical " -"Perspective</citetitle>, 167 (quoting Borwell)." +"<placeholder type=\"indexterm\" id=\"0\"/> Lyman Ray Patterson, " +"<citetitle>Copyright in Historical Perspective</citetitle>, 167 (quoting " +"Borwell)." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4636 +#: freeculture.xml:5063 msgid "" "When the London booksellers tried to shut down Donaldson's shop in Scotland, " "he responded by moving his shop to London, where he sold inexpensive " -"editions \"of the most popular English books, in defiance of the supposed " -"common law right of Literary Property.\"<placeholder type=\"footnote\" " -"id=\"0\"/> His books undercut the Conger prices by 30 to 50 percent, and he " -"rested his right to compete upon the ground that, under the Statute of Anne, " -"the works he was selling had passed out of protection." +"editions <quote>of the most popular English books, in defiance of the " +"supposed common law right of Literary Property.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> His books undercut the Conger prices by 30 to " +"50 percent, and he rested his right to compete upon the ground that, under " +"the Statute of Anne, the works he was selling had passed out of protection." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5078 +msgid "Millar v. Taylor" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4650 +#: freeculture.xml:5080 msgid "" -"The London booksellers quickly brought suit to block \"piracy\" like " -"Donaldson's. A number of actions were successful against the \"pirates,\" " -"the most important early victory being <citetitle>Millar</citetitle> " -"v. <citetitle>Taylor</citetitle>." +"The London booksellers quickly brought suit to block <quote>piracy</quote> " +"like Donaldson's. A number of actions were successful against the " +"<quote>pirates,</quote> the most important early victory being " +"<citetitle>Millar</citetitle> v. <citetitle>Taylor</citetitle>." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5086 freeculture.xml:5140 +msgid "Thomson, James" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5088 +msgid "Seasons, The (Thomson)" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5089 +msgid "Taylor, Robert" msgstr "" #. f11 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4662 +#: freeculture.xml:5098 msgid "" -"Howard B. Abrams, \"The Historic Foundation of American Copyright Law: " -"Exploding the Myth of Common Law Copyright,\" <citetitle>Wayne Law " +"Howard B. Abrams, <quote>The Historic Foundation of American Copyright Law: " +"Exploding the Myth of Common Law Copyright,</quote> <citetitle>Wayne Law " "Review</citetitle> 29 (1983): 1152." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4655 +#: freeculture.xml:5091 msgid "" "Millar was a bookseller who in 1729 had purchased the rights to James " -"Thomson's poem \"The Seasons.\" Millar complied with the requirements of the " -"Statute of Anne, and therefore received the full protection of the " -"statute. After the term of copyright ended, Robert Taylor began printing a " -"competing volume. Millar sued, claiming a perpetual common law right, the " -"Statute of Anne notwithstanding.<placeholder type=\"footnote\" id=\"0\"/>" +"Thomson's poem <quote>The Seasons.</quote> Millar complied with the " +"requirements of the Statute of Anne, and therefore received the full " +"protection of the statute. After the term of copyright ended, Robert Taylor " +"began printing a competing volume. Millar sued, claiming a perpetual common " +"law right, the Statute of Anne notwithstanding.<placeholder " +"type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4671 +#: freeculture.xml:5105 msgid "" "Astonishingly to modern lawyers, one of the greatest judges in English " "history, Lord Mansfield, agreed with the booksellers. Whatever protection " "the Statute of Anne gave booksellers, it did not, he held, extinguish any " "common law right. The question was whether the common law would protect the " -"author against subsequent \"pirates.\" Mansfield's answer was yes: The " -"common law would bar Taylor from reprinting Thomson's poem without Millar's " -"permission. That common law rule thus effectively gave the booksellers a " -"perpetual right to control the publication of any book assigned to them." +"author against subsequent <quote>pirates.</quote> Mansfield's answer was " +"yes: The common law would bar Taylor from reprinting Thomson's poem without " +"Millar's permission. That common law rule thus effectively gave the " +"booksellers a perpetual right to control the publication of any book " +"assigned to them." msgstr "" #. PAGE BREAK 103 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4682 +#: freeculture.xml:5120 msgid "" "Considered as a matter of abstract justice—reasoning as if justice " "were just a matter of logical deduction from first " @@ -6150,25 +7430,35 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4697 +#: freeculture.xml:5137 msgid "" "The fight to defend the limits of the Statute of Anne was not to end there, " "however, and it is here that Donaldson enters the mix." msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:4700 +#: freeculture.xml:5141 msgid "Beckett, Thomas" msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5142 freeculture.xml:5249 +msgid "House of Lords" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:5143 +msgid "House of Lords vs." +msgstr "" + #. f12 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4706 +#: freeculture.xml:5149 msgid "Ibid., 1156." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4702 +#: freeculture.xml:5145 msgid "" "Millar died soon after his victory, so his case was not appealed. His estate " "sold Thomson's poems to a syndicate of printers that included Thomas " @@ -6181,8 +7471,13 @@ msgid "" "years before." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5160 +msgid "Donaldson v. Beckett" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4716 +#: freeculture.xml:5163 msgid "" "As few legal cases ever do, <citetitle>Donaldson</citetitle> " "v. <citetitle>Beckett</citetitle> drew an enormous amount of attention " @@ -6195,17 +7490,23 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4726 +#: freeculture.xml:5174 msgid "" "The House of Lords was an odd institution. Legal questions were presented to " -"the House and voted upon first by the \"law lords,\" members of special " -"legal distinction who functioned much like the Justices in our Supreme " -"Court. Then, after the law lords voted, the House of Lords generally voted." +"the House and voted upon first by the <quote>law lords,</quote> members of " +"special legal distinction who functioned much like the Justices in our " +"Supreme Court. Then, after the law lords voted, the House of Lords generally " +"voted." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:5182 freeculture.xml:5250 +msgid "English legal establishment of" msgstr "" #. PAGE BREAK 104 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4733 +#: freeculture.xml:5184 msgid "" "The reports about the law lords' votes are mixed. On some counts, it looks " "as if perpetual copyright prevailed. But there is no ambiguity about how the " @@ -6216,69 +7517,57 @@ msgid "" "domain." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4751 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5193 msgid "Bacon, Francis" msgstr "" - -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4752 -msgid "Bunyan, John" -msgstr "" - -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4753 -msgid "Johnson, Samuel" -msgstr "" - -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4754 -msgid "Milton, John" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5194 +msgid "Bunyan, John" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4755 -msgid "Shakespeare, William" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5195 +msgid "Johnson, Samuel" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4743 +#: freeculture.xml:5199 msgid "" -"\"The public domain.\" Before the case of <citetitle>Donaldson</citetitle> " -"v. <citetitle>Beckett</citetitle>, there was no clear idea of a public " -"domain in England. Before 1774, there was a strong argument that common law " -"copyrights were perpetual. After 1774, the public domain was born. For the " -"first time in Anglo-American history, the legal control over creative works " -"expired, and the greatest works in English history—including those of " -"Shakespeare, Bacon, Milton, Johnson, and Bunyan—were free of legal " -"restraint. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " -"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> " -"<placeholder type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" " -"id=\"4\"/>" +"<quote>The public domain.</quote> Before the case of " +"<citetitle>Donaldson</citetitle> v. <citetitle>Beckett</citetitle>, there " +"was no clear idea of a public domain in England. Before 1774, there was a " +"strong argument that common law copyrights were perpetual. After 1774, the " +"public domain was born. For the first time in Anglo-American history, the " +"legal control over creative works expired, and the greatest works in English " +"history—including those of Shakespeare, Bacon, Milton, Johnson, and " +"Bunyan—were free of legal restraint." msgstr "" #. f13 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4768 +#: freeculture.xml:5225 msgid "Rose, 97." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4758 +#: freeculture.xml:5215 msgid "" "It is hard for us to imagine, but this decision by the House of Lords fueled " "an extraordinarily popular and political reaction. In Scotland, where most " -"of the \"pirate publishers\" did their work, people celebrated the decision " -"in the streets. As the <citetitle>Edinburgh Advertiser</citetitle> reported, " -"\"No private cause has so much engrossed the attention of the public, and " -"none has been tried before the House of Lords in the decision of which so " -"many individuals were interested.\" \"Great rejoicing in Edinburgh upon " -"victory over literary property: bonfires and illuminations.\"<placeholder " +"of the <quote>pirate publishers</quote> did their work, people celebrated " +"the decision in the streets. As the <citetitle>Edinburgh " +"Advertiser</citetitle> reported, <quote>No private cause has so much " +"engrossed the attention of the public, and none has been tried before the " +"House of Lords in the decision of which so many individuals were " +"interested.</quote> <quote>Great rejoicing in Edinburgh upon victory over " +"literary property: bonfires and illuminations.</quote><placeholder " "type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4772 +#: freeculture.xml:5230 msgid "" "In London, however, at least among publishers, the reaction was equally " "strong in the opposite direction. The <citetitle>Morning " @@ -6286,42 +7575,44 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:4778 -msgid "" -"By the above decision . . . near 200,000 pounds worth of what was honestly " -"purchased at public sale, and which was yesterday thought property is now " -"reduced to nothing. The Booksellers of London and Westminster, many of whom " -"sold estates and houses to purchase Copy-right, are in a manner ruined, and " -"those who after many years industry thought they had acquired a competency " -"to provide for their families now find themselves without a shilling to " -"devise to their successors.<placeholder type=\"footnote\" id=\"0\"/>" +#: freeculture.xml:5236 +msgid "" +"By the above decision … near 200,000 pounds worth of what was " +"honestly purchased at public sale, and which was yesterday thought property " +"is now reduced to nothing. The Booksellers of London and Westminster, many " +"of whom sold estates and houses to purchase Copy-right, are in a manner " +"ruined, and those who after many years industry thought they had acquired a " +"competency to provide for their families now find themselves without a " +"shilling to devise to their successors.<placeholder type=\"footnote\" " +"id=\"0\"/>" msgstr "" #. PAGE BREAK 105 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4793 +#: freeculture.xml:5253 msgid "" -"\"Ruined\" is a bit of an exaggeration. But it is not an exaggeration to say " -"that the change was profound. The decision of the House of Lords meant that " -"the booksellers could no longer control how culture in England would grow " -"and develop. Culture in England was thereafter <emphasis>free</emphasis>. " -"Not in the sense that copyrights would not be respected, for of course, for " -"a limited time after a work was published, the bookseller had an exclusive " -"right to control the publication of that book. And not in the sense that " -"books could be stolen, for even after a copyright expired, you still had to " -"buy the book from someone. But <emphasis>free</emphasis> in the sense that " -"the culture and its growth would no longer be controlled by a small group of " -"publishers. As every free market does, this free market of free culture " -"would grow as the consumers and producers chose. English culture would " -"develop as the many English readers chose to let it develop— chose in " -"the books they bought and wrote; chose in the memes they repeated and " -"endorsed. Chose in a <emphasis>competitive context</emphasis>, 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." +"<quote>Ruined</quote> is a bit of an exaggeration. But it is not an " +"exaggeration to say that the change was profound. The decision of the House " +"of Lords meant that the booksellers could no longer control how culture in " +"England would grow and develop. Culture in England was thereafter " +"<emphasis>free</emphasis>. Not in the sense that copyrights would not be " +"respected, for of course, for a limited time after a work was published, the " +"bookseller had an exclusive right to control the publication of that " +"book. And not in the sense that books could be stolen, for even after a " +"copyright expired, you still had to buy the book from someone. But " +"<emphasis>free</emphasis> in the sense that the culture and its growth would " +"no longer be controlled by a small group of publishers. As every free market " +"does, this free market of free culture would grow as the consumers and " +"producers chose. English culture would develop as the many English readers " +"chose to let it develop— chose in the books they bought and wrote; " +"chose in the memes they repeated and endorsed. Chose in a " +"<emphasis>competitive context</emphasis>, 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." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4814 +#: freeculture.xml:5276 msgid "" "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 " @@ -6329,45 +7620,85 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:4822 -msgid "CHAPTER SEVEN: Recorders" +#: freeculture.xml:5293 +msgid "Chapter Seven: Recorders" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:5294 freeculture.xml:7601 freeculture.xml:7715 freeculture.xml:7774 +msgid "fair use and" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5295 +msgid "documentary film" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5296 +msgid "Else, Jon" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:5297 freeculture.xml:5444 freeculture.xml:7600 freeculture.xml:7633 freeculture.xml:7714 freeculture.xml:7776 +msgid "fair use" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:5297 +msgid "in documentary film" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:5298 +msgid "fair use of copyrighted material in" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4824 +#: freeculture.xml:5300 msgid "" -"Jon Else is a filmmaker. He is best known for his documentaries and has been " -"very successful in spreading his art. He is also a teacher, and as a teacher " -"myself, I envy the loyalty and admiration that his students feel for him. (I " -"met, by accident, two of his students at a dinner party. He was their god.)" +"<emphasis role='strong'>Jon Else</emphasis> is a filmmaker. He is best known " +"for his documentaries and has been very successful in spreading his art. He " +"is also a teacher, and as a teacher myself, I envy the loyalty and " +"admiration that his students feel for him. (I met, by accident, two of his " +"students at a dinner party. He was their god.)" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4831 +#: freeculture.xml:5307 msgid "" "Else worked on a documentary that I was involved in. At a break, he told me " "a story about the freedom to create with film in America today." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4842 freeculture.xml:4911 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5311 freeculture.xml:5377 +msgid "Wagner, Richard" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5312 freeculture.xml:5391 msgid "San Francisco Opera" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4836 +#: freeculture.xml:5314 msgid "" "In 1990, Else was working on a documentary about Wagner's Ring Cycle. The " "focus was stagehands at the San Francisco Opera. Stagehands are a " "particularly funny and colorful element of an opera. During a show, they " "hang out below the stage in the grips' lounge and in the lighting loft. They " -"make a perfect contrast to the art on the stage. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"make a perfect contrast to the art on the stage." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5321 +msgid "Simpsons, The" msgstr "" #. PAGE BREAK 107 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4845 +#: freeculture.xml:5323 msgid "" "During one of the performances, Else was shooting some stagehands playing " "checkers. In one corner of the room was a television set. Playing on the " @@ -6377,96 +7708,115 @@ msgid "" "the scene." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:5332 +msgid "multiple copyrights associated with" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4854 +#: freeculture.xml:5334 msgid "" "Years later, when he finally got funding to complete the film, Else " "attempted to clear the rights for those few seconds of <citetitle>The " "Simpsons</citetitle>. For of course, those few seconds are copyrighted; and " "of course, to use copyrighted material you need the permission of the " -"copyright owner, unless \"fair use\" or some other privilege applies." +"copyright owner, unless <quote>fair use</quote> or some other privilege " +"applies." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4866 freeculture.xml:4874 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5340 msgid "Gracie Films" msgstr "" +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary> +#: freeculture.xml:5341 freeculture.xml:5402 freeculture.xml:5466 +msgid "Groening, Matt" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4861 +#: freeculture.xml:5343 msgid "" "Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office " "to get permission. Groening approved the shot. The shot was a " "four-and-a-halfsecond image on a tiny television set in the corner of the " "room. How could it hurt? Groening was happy to have it in the film, but he " -"told Else to contact Gracie Films, the company that produces the program. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"told Else to contact Gracie Films, the company that produces the program." +msgstr "" + +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary> +#: freeculture.xml:5349 freeculture.xml:5401 freeculture.xml:5465 +msgid "Fox (film company)" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4869 +#: freeculture.xml:5351 msgid "" "Gracie Films was okay with it, too, but they, like Groening, wanted to be " "careful. So they told Else to contact Fox, Gracie's parent company. Else " "called Fox and told them about the clip in the corner of the one room shot " "of the film. Matt Groening had already given permission, Else said. He was " -"just confirming the permission with Fox. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"just confirming the permission with Fox." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4877 +#: freeculture.xml:5359 msgid "" -"Then, as Else told me, \"two things happened. First we discovered . . . that " -"Matt Groening doesn't own his own creation—or at least that someone " -"[at Fox] believes he doesn't own his own creation.\" And second, Fox " -"\"wanted ten thousand dollars as a licensing fee for us to use this " -"four-point-five seconds of . . . entirely unsolicited " -"<citetitle>Simpsons</citetitle> which was in the corner of the shot.\"" +"Then, as Else told me, <quote>two things happened. First we discovered " +"… that Matt Groening doesn't own his own creation—or at least " +"that someone [at Fox] believes he doesn't own his own creation.</quote> And " +"second, Fox <quote>wanted ten thousand dollars as a licensing fee for us to " +"use this four-point-five seconds of … entirely unsolicited " +"<citetitle>Simpsons</citetitle> which was in the corner of the shot.</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5368 +msgid "Herrera, Rebecca" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4885 +#: freeculture.xml:5370 msgid "" "Else was certain there was a mistake. He worked his way up to someone he " "thought was a vice president for licensing, Rebecca Herrera. He explained " -"to her, \"There must be some mistake here. . . . We're asking for your " -"educational rate on this.\" That was the educational rate, Herrera told " -"Else. A day or so later, Else called again to confirm what he had been told." +"to her, <quote>There must be some mistake here. … We're asking for " +"your educational rate on this.</quote> That was the educational rate, " +"Herrera told Else. A day or so later, Else called again to confirm what he " +"had been told." msgstr "" #. PAGE BREAK 108 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4893 +#: freeculture.xml:5379 msgid "" -"\"I wanted to make sure I had my facts straight,\" he told me. \"Yes, you " -"have your facts straight,\" she said. It would cost $10,000 to use the clip " -"of <citetitle>The Simpsons</citetitle> in the corner of a shot in a " -"documentary film about Wagner's Ring Cycle. And then, astonishingly, Herrera " -"told Else, \"And if you quote me, I'll turn you over to our attorneys.\" As " -"an assistant to Herrera told Else later on, \"They don't give a shit. They " -"just want the money.\"" +"<quote>I wanted to make sure I had my facts straight,</quote> he told " +"me. <quote>Yes, you have your facts straight,</quote> she said. It would " +"cost $10,000 to use the clip of <citetitle>The Simpsons</citetitle> in the " +"corner of a shot in a documentary film about Wagner's Ring Cycle. And then, " +"astonishingly, Herrera told Else, <quote>And if you quote me, I'll turn you " +"over to our attorneys.</quote> As an assistant to Herrera told Else later " +"on, <quote>They don't give a shit. They just want the money.</quote>" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:4912 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5392 msgid "Day After Trinity, The" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4905 +#: freeculture.xml:5394 msgid "" "Else didn't have the money to buy the right to replay what was playing on " "the television backstage at the San Francisco Opera. To reproduce this " "reality was beyond the documentary filmmaker's budget. At the very last " "minute before the film was to be released, Else digitally replaced the shot " "with a clip from another film that he had worked on, <citetitle>The Day " -"After Trinity</citetitle>, from ten years before. <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"After Trinity</citetitle>, from ten years before." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4915 +#: freeculture.xml:5404 msgid "" "There's no doubt that someone, whether Matt Groening or Fox, owns the " "copyright to <citetitle>The Simpsons</citetitle>. That copyright is their " @@ -6480,73 +7830,92 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4926 +#: freeculture.xml:5415 msgid "" -"For example, \"public performance\" is a use of <citetitle>The " +"For example, <quote>public performance</quote> is a use of <citetitle>The " "Simpsons</citetitle> that the copyright owner gets to control. If you take a " "selection of favorite episodes, rent a movie theater, and charge for tickets " -"to come see \"My Favorite <citetitle>Simpsons</citetitle>,\" then you need " -"to get permission from the copyright owner. And the copyright owner " +"to come see <quote>My Favorite <citetitle>Simpsons</citetitle>,</quote> then " +"you need to get permission from the copyright owner. And the copyright owner " "(rightly, in my view) can charge whatever she wants—$10 or " "$1,000,000. That's her right, as set by the law." msgstr "" #. f1 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:4938 +#: freeculture.xml:5427 msgid "" -"For an excellent argument that such use is \"fair use,\" but that lawyers " -"don't permit recognition that it is \"fair use,\" see Richard A. Posner with " -"William F. Patry, \"Fair Use and Statutory Reform in the Wake of " -"<citetitle>Eldred</citetitle>\" (draft on file with author), University of " -"Chicago Law School, 5 August 2003." +"For an excellent argument that such use is <quote>fair use,</quote> but that " +"lawyers don't permit recognition that it is <quote>fair use,</quote> see " +"Richard A. Posner with William F. Patry, <quote>Fair Use and Statutory " +"Reform in the Wake of <citetitle>Eldred</citetitle></quote> (draft on file " +"with author), University of Chicago Law School, 5 August 2003." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4935 +#: freeculture.xml:5424 msgid "" "But when lawyers hear this story about Jon Else and Fox, their first thought " -"is \"fair use.\"<placeholder type=\"footnote\" id=\"0\"/> Else's use of just " -"4.5 seconds of an indirect shot of a <citetitle>Simpsons</citetitle> episode " -"is clearly a fair use of <citetitle>The Simpsons</citetitle>—and fair " -"use does not require the permission of anyone." +"is <quote>fair use.</quote><placeholder type=\"footnote\" id=\"0\"/> Else's " +"use of just 4.5 seconds of an indirect shot of a " +"<citetitle>Simpsons</citetitle> episode is clearly a fair use of " +"<citetitle>The Simpsons</citetitle>—and fair use does not require the " +"permission of anyone." msgstr "" #. PAGE BREAK 109 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:4950 -msgid "So I asked Else why he didn't just rely upon \"fair use.\" Here's his reply:" +#: freeculture.xml:5441 +msgid "" +"So I asked Else why he didn't just rely upon <quote>fair use.</quote> Here's " +"his reply:" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:5444 freeculture.xml:7776 +msgid "legal intimidation tactics against" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:4954 +#: freeculture.xml:5446 msgid "" "The <citetitle>Simpsons</citetitle> fiasco was for me a great lesson in the " "gulf between what lawyers find irrelevant in some abstract sense, and what " "is crushingly relevant in practice to those of us actually trying to make " -"and broadcast documentaries. I never had any doubt that it was \"clearly " -"fair use\" in an absolute legal sense. But I couldn't rely on the concept in " -"any concrete way. Here's why:" +"and broadcast documentaries. I never had any doubt that it was " +"<quote>clearly fair use</quote> in an absolute legal sense. But I couldn't " +"rely on the concept in any concrete way. Here's why:" +msgstr "" + +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary> +#: freeculture.xml:5455 +msgid "Errors and Omissions insurance" msgstr "" #. 1. #. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para> -#: freeculture.xml:4964 +#: freeculture.xml:5458 msgid "" "Before our films can be broadcast, the network requires that we buy Errors " -"and Omissions insurance. The carriers require a detailed \"visual cue " -"sheet\" listing the source and licensing status of each shot in the " -"film. They take a dim view of \"fair use,\" and a claim of \"fair use\" can " -"grind the application process to a halt." +"and Omissions insurance. The carriers require a detailed <quote>visual cue " +"sheet</quote> listing the source and licensing status of each shot in the " +"film. They take a dim view of <quote>fair use,</quote> and a claim of " +"<quote>fair use</quote> can grind the application process to a halt." msgstr "" -#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para><indexterm><primary> -#: freeculture.xml:4981 +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary> +#: freeculture.xml:5467 msgid "Lucas, George" msgstr "" +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><indexterm><primary> +#: freeculture.xml:5468 +msgid "<citetitle>Star Wars</citetitle>" +msgstr "" + +#. 2. #. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para> -#: freeculture.xml:4972 +#: freeculture.xml:5471 msgid "" "I probably never should have asked Matt Groening in the first place. But I " "knew (at least from folklore) that Fox had a history of tracking down and " @@ -6556,31 +7925,31 @@ msgid "" "free or cheap license to four seconds of <citetitle>Simpsons</citetitle>. As " "a documentary producer working to exhaustion on a shoestring, the last thing " "I wanted was to risk legal trouble, even nuisance legal trouble, and even to " -"defend a principle. <placeholder type=\"indexterm\" id=\"0\"/>" +"defend a principle." msgstr "" #. 3. #. PAGE BREAK 110 #. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para> -#: freeculture.xml:4985 +#: freeculture.xml:5483 msgid "" "I did, in fact, speak with one of your colleagues at Stanford Law School " -". . . who confirmed that it was fair use. He also confirmed that Fox would " -"\"depose and litigate you to within an inch of your life,\" regardless of " -"the merits of my claim. He made clear that it would boil down to who had the " -"bigger legal department and the deeper pockets, me or them." +"… who confirmed that it was fair use. He also confirmed that Fox " +"would <quote>depose and litigate you to within an inch of your life,</quote> " +"regardless of the merits of my claim. He made clear that it would boil down " +"to who had the bigger legal department and the deeper pockets, me or them." msgstr "" #. 4. #. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para> -#: freeculture.xml:4995 +#: freeculture.xml:5495 msgid "" "The question of fair use usually comes up at the end of the project, when we " "are up against a release deadline and out of money." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5002 +#: freeculture.xml:5503 msgid "" "In theory, fair use means you need no permission. The theory therefore " "supports free culture and insulates against a permission culture. But in " @@ -6591,7 +7960,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5010 +#: freeculture.xml:5511 msgid "" "This practice shows just how far the law has come from its " "eighteenth-century roots. The law was born as a shield to protect " @@ -6600,32 +7969,42 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:5019 -msgid "CHAPTER EIGHT: Transformers" +#: freeculture.xml:5526 +msgid "Chapter Eight: Transformers" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:5020 +#: freeculture.xml:5527 msgid "Allen, Paul" msgstr "" -#. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:5021 freeculture.xml:5029 freeculture.xml:5040 freeculture.xml:5055 freeculture.xml:5064 freeculture.xml:5069 freeculture.xml:5121 freeculture.xml:5137 freeculture.xml:5160 freeculture.xml:5223 freeculture.xml:9609 +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:5528 freeculture.xml:5588 freeculture.xml:5773 freeculture.xml:10489 freeculture.xml:14924 msgid "Alben, Alex" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5023 +#: freeculture.xml:5531 msgid "" -"In 1993, Alex Alben was a lawyer working at Starwave, Inc. Starwave was an " -"innovative company founded by Microsoft cofounder Paul Allen to develop " -"digital entertainment. Long before the Internet became popular, Starwave " -"began investing in new technology for delivering entertainment in " -"anticipation of the power of networks." +"<emphasis role='strong'>In 1993</emphasis>, Alex Alben was a lawyer working " +"at Starwave, Inc. Starwave was an innovative company founded by Microsoft " +"cofounder Paul Allen to develop digital entertainment. Long before the " +"Internet became popular, Starwave began investing in new technology for " +"delivering entertainment in anticipation of the power of networks." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:5538 +msgid "retrospective compilations on" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5539 +msgid "CD-ROMs, film clips used in" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5031 +#: freeculture.xml:5541 msgid "" "Alben had a special interest in new technology. He was intrigued by the " "emerging market for CD-ROM technology—not to distribute film, but to " @@ -6637,7 +8016,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5042 +#: freeculture.xml:5551 msgid "" "At that time, Eastwood had made more than fifty films, as an actor and as a " "director. Alben began with a series of interviews with Eastwood, asking him " @@ -6647,7 +8026,7 @@ msgstr "" #. PAGE BREAK 112 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5049 +#: freeculture.xml:5558 msgid "" "That alone would not have made a very interesting product, so Starwave " "wanted to add content from the movies in Eastwood's career: posters, " @@ -6657,52 +8036,49 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5057 +#: freeculture.xml:5565 msgid "" -"Then Alben and his team decided to include actual film clips. \"Our goal was " -"that we were going to have a clip from every one of Eastwood's films,\" " -"Alben told me. It was here that the problem arose. \"No one had ever really " -"done this before,\" Alben explained. \"No one had ever tried to do this in " -"the context of an artistic look at an actor's career.\"" +"Then Alben and his team decided to include actual film clips. <quote>Our " +"goal was that we were going to have a clip from every one of Eastwood's " +"films,</quote> Alben told me. It was here that the problem arose. <quote>No " +"one had ever really done this before,</quote> Alben explained. <quote>No one " +"had ever tried to do this in the context of an artistic look at an actor's " +"career.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5066 +#: freeculture.xml:5573 msgid "" "Alben brought the idea to Michael Slade, the CEO of Starwave. Slade asked, " -"\"Well, what will it take?\"" -msgstr "" - -#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:5082 -msgid "artists" +"<quote>Well, what will it take?</quote>" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para><indexterm><secondary> -#: freeculture.xml:5083 +#: freeculture.xml:5587 msgid "publicity rights on images of" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:5077 +#: freeculture.xml:5583 msgid "" "Technically, the rights that Alben had to clear were mainly those of " "publicity—rights an artist has to control the commercial exploitation " -"of his image. But these rights, too, burden \"Rip, Mix, Burn\" creativity, " -"as this chapter evinces. <placeholder type=\"indexterm\" id=\"0\"/>" +"of his image. But these rights, too, burden <quote>Rip, Mix, Burn</quote> " +"creativity, as this chapter evinces. <placeholder type=\"indexterm\" " +"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5071 +#: freeculture.xml:5577 msgid "" -"Alben replied, \"Well, we're going to have to clear rights from everyone who " -"appears in these films, and the music and everything else that we want to " -"use in these film clips.\" Slade said, \"Great! Go for it.\"<placeholder " -"type=\"footnote\" id=\"0\"/>" +"Alben replied, <quote>Well, we're going to have to clear rights from " +"everyone who appears in these films, and the music and everything else that " +"we want to use in these film clips.</quote> Slade said, <quote>Great! Go for " +"it.</quote><placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5088 +#: freeculture.xml:5592 msgid "" "The problem was that neither Alben nor Slade had any idea what clearing " "those rights would mean. Every actor in each of the films could have a claim " @@ -6712,7 +8088,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5095 +#: freeculture.xml:5599 msgid "" "I asked Alben how he dealt with the problem. With an obvious pride in his " "resourcefulness that obscured the obvious bizarreness of his tale, Alben " @@ -6720,11 +8096,11 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:5101 +#: freeculture.xml:5605 msgid "" "So we very mechanically went about looking up the film clips. We made some " "artistic decisions about what film clips to include—of course we were " -"going to use the \"Make my day\" clip from <citetitle>Dirty " +"going to use the <quote>Make my day</quote> clip from <citetitle>Dirty " "Harry</citetitle>. But you then need to get the guy on the ground who's " "wiggling under the gun and you need to get his permission. And then you " "have to decide what you are going to pay him." @@ -6732,7 +8108,7 @@ msgstr "" #. PAGE BREAK 113 #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:5110 +#: freeculture.xml:5614 msgid "" "We decided that it would be fair if we offered them the dayplayer rate for " "the right to reuse that performance. We're talking about a clip of less than " @@ -6744,28 +8120,33 @@ msgid "" "just started calling people." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5625 +msgid "Sutherland, Donald" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5123 +#: freeculture.xml:5627 msgid "" "Some actors were glad to help—Donald Sutherland, for example, followed " "up himself to be sure that the rights had been cleared. Others were " -"dumbfounded at their good fortune. Alben would ask, \"Hey, can I pay you " -"$600 or maybe if you were in two films, you know, $1,200?\" And they would " -"say, \"Are you for real? Hey, I'd love to get $1,200.\" And some of course " -"were a bit difficult (estranged ex-wives, in particular). But eventually, " -"Alben and his team had cleared the rights to this retrospective CD-ROM on " -"Clint Eastwood's career." +"dumbfounded at their good fortune. Alben would ask, <quote>Hey, can I pay " +"you $600 or maybe if you were in two films, you know, $1,200?</quote> And " +"they would say, <quote>Are you for real? Hey, I'd love to get " +"$1,200.</quote> And some of course were a bit difficult (estranged ex-wives, " +"in particular). But eventually, Alben and his team had cleared the rights to " +"this retrospective CD-ROM on Clint Eastwood's career." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5134 +#: freeculture.xml:5638 msgid "" -"It was one <emphasis>year</emphasis> later—\"and even then we weren't " -"sure whether we were totally in the clear.\"" +"It was one <emphasis>year</emphasis> later—<quote>and even then we " +"weren't sure whether we were totally in the clear.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5139 +#: freeculture.xml:5642 msgid "" "Alben is proud of his work. The project was the first of its kind and the " "only time he knew of that a team had undertaken such a massive project for " @@ -6773,33 +8154,33 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:5145 +#: freeculture.xml:5648 msgid "" "Everyone thought it would be too hard. Everyone just threw up their hands " -"and said, \"Oh, my gosh, a film, it's so many copyrights, there's the music, " -"there's the screenplay, there's the director, there's the actors.\" But we " -"just broke it down. We just put it into its constituent parts and said, " -"\"Okay, there's this many actors, this many directors, . . . this many " -"musicians,\" and we just went at it very systematically and cleared the " -"rights." +"and said, <quote>Oh, my gosh, a film, it's so many copyrights, there's the " +"music, there's the screenplay, there's the director, there's the " +"actors.</quote> But we just broke it down. We just put it into its " +"constituent parts and said, <quote>Okay, there's this many actors, this many " +"directors, … this many musicians,</quote> and we just went at it very " +"systematically and cleared the rights." msgstr "" #. PAGE BREAK 114 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5157 +#: freeculture.xml:5660 msgid "" "And no doubt, the product itself was exceptionally good. Eastwood loved it, " "and it sold very well." msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:5161 +#: freeculture.xml:5663 msgid "Drucker, Peter" msgstr "" #. f2 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:5169 +#: freeculture.xml:5671 msgid "" "U.S. Department of Commerce Office of Acquisition Management, " "<citetitle>Seven Steps to Performance-Based Services " @@ -6808,37 +8189,37 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5163 +#: freeculture.xml:5665 msgid "" "But I pressed Alben about how weird it seems that it would have to take a " "year's work simply to clear rights. No doubt Alben had done this " -"efficiently, but as Peter Drucker has famously quipped, \"There is nothing " -"so useless as doing efficiently that which should not be done at " -"all.\"<placeholder type=\"footnote\" id=\"0\"/> Did it make sense, I asked " -"Alben, that this is the way a new work has to be made?" +"efficiently, but as Peter Drucker has famously quipped, <quote>There is " +"nothing so useless as doing efficiently that which should not be done at " +"all.</quote><placeholder type=\"footnote\" id=\"0\"/> Did it make sense, I " +"asked Alben, that this is the way a new work has to be made?" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5177 +#: freeculture.xml:5679 msgid "" -"For, as he acknowledged, \"very few . . . have the time and resources, and " -"the will to do this,\" and thus, very few such works would ever be " -"made. Does it make sense, I asked him, from the standpoint of what anybody " -"really thought they were ever giving rights for originally, that you would " -"have to go clear rights for these kinds of clips?" +"For, as he acknowledged, <quote>very few … have the time and " +"resources, and the will to do this,</quote> and thus, very few such works " +"would ever be made. Does it make sense, I asked him, from the standpoint of " +"what anybody really thought they were ever giving rights for originally, " +"that you would have to go clear rights for these kinds of clips?" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:5185 +#: freeculture.xml:5687 msgid "" "I don't think so. When an actor renders a performance in a movie, he or she " -"gets paid very well. . . . And then when 30 seconds of that performance is " -"used in a new product that is a retrospective of somebody's career, I don't " -"think that that person . . . should be compensated for that." +"gets paid very well. … And then when 30 seconds of that performance " +"is used in a new product that is a retrospective of somebody's career, I " +"don't think that that person … should be compensated for that." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5193 +#: freeculture.xml:5695 msgid "" "Or at least, is this <emphasis>how</emphasis> the artist should be " "compensated? Would it make sense, I asked, for there to be some kind of " @@ -6851,7 +8232,7 @@ msgstr "" #. PAGE BREAK 115 #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:5204 +#: freeculture.xml:5706 msgid "" "Absolutely. I think that if there were some fair-licensing " "mechanism—where you weren't subject to hold-ups and you weren't " @@ -6864,34 +8245,40 @@ msgid "" "everybody up and makes this kind of product hard to get off the ground. If " "you knew I have a hundred minutes of film in this product and it's going to " "cost me X, then you build your budget around it, and you can get investments " -"and everything else that you need to produce it. But if you say, \"Oh, I " -"want a hundred minutes of something and I have no idea what it's going to " -"cost me, and a certain number of people are going to hold me up for money,\" " -"then it becomes difficult to put one of these things together." +"and everything else that you need to produce it. But if you say, <quote>Oh, " +"I want a hundred minutes of something and I have no idea what it's going to " +"cost me, and a certain number of people are going to hold me up for " +"money,</quote> then it becomes difficult to put one of these things " +"together." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5225 +#: freeculture.xml:5726 msgid "" "Alben worked for a big company. His company was backed by some of the " "richest investors in the world. He therefore had authority and access that " "the average Web designer would not have. So if it took him a year, how long " "would it take someone else? And how much creativity is never made just " -"because the costs of clearing the rights are so high? These costs are the " -"burdens of a kind of regulation. Put on a Republican hat for a moment, and " -"get angry for a bit. The government defines the scope of these rights, and " -"the scope defined determines how much it's going to cost to negotiate " -"them. (Remember the idea that land runs to the heavens, and imagine the " -"pilot purchasing flythrough rights as he negotiates to fly from Los Angeles " -"to San Francisco.) These rights might well have once made sense; but as " -"circumstances change, they make no sense at all. Or at least, a " -"well-trained, regulationminimizing Republican should look at the rights and " -"ask, \"Does this still make sense?\"" +"because the costs of clearing the rights are so high?" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5735 +msgid "" +"These costs are the burdens of a kind of regulation. Put on a Republican hat " +"for a moment, and get angry for a bit. The government defines the scope of " +"these rights, and the scope defined determines how much it's going to cost " +"to negotiate them. (Remember the idea that land runs to the heavens, and " +"imagine the pilot purchasing flythrough rights as he negotiates to fly from " +"Los Angeles to San Francisco.) These rights might well have once made " +"sense; but as circumstances change, they make no sense at all. Or at least, " +"a well-trained, regulationminimizing Republican should look at the rights " +"and ask, <quote>Does this still make sense?</quote>" msgstr "" #. PAGE BREAK 116 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5242 +#: freeculture.xml:5748 msgid "" "I've seen the flash of recognition when people get this point, but only a " "few times. The first was at a conference of federal judges in California. " @@ -6902,7 +8289,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5252 +#: freeculture.xml:5758 msgid "" "The video was a brilliant collage of film from every period in the twentieth " "century, all framed around the idea of a <citetitle>60 Minutes</citetitle> " @@ -6911,34 +8298,52 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:5257 +#: freeculture.xml:5763 msgid "Nimmer, David" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5259 +#: freeculture.xml:5765 msgid "" "When the lights came up, I looked over to my copanelist, David Nimmer, " "perhaps the leading copyright scholar and practitioner in the nation. He had " "an astonished look on his face, as he peered across the 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?\"" +"question: <quote>Do you know how many federal laws were just violated in " +"this room?</quote>" msgstr "" -#. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:5266 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5774 msgid "Boies, David" msgstr "" +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5775 +msgid "Court of Appeals" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><secondary> +#: freeculture.xml:5775 +msgid "Ninth Circuit" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5776 +msgid "Ninth Circuit Court of Appeals" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5268 +#: freeculture.xml:5773 msgid "" -"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 law. Of course, " -"it wasn't as if they or anyone were going to be prosecuted for this " -"violation (the presence of 250 judges and a gaggle of federal marshals " +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> <placeholder " +"type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" id=\"4\"/> 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 law. Of course, it " +"wasn't as if they or anyone were going to be prosecuted for this violation " +"(the presence of 250 judges and a gaggle of federal marshals " "notwithstanding). But Nimmer was making an important point: A year before " "anyone would have heard of the word Napster, and two years before another " "member of our panel, David Boies, would defend Napster before the Ninth " @@ -6949,22 +8354,23 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5283 +#: freeculture.xml:5793 msgid "" -"We live in a \"cut and paste\" culture enabled by technology. Anyone " -"building a presentation knows the extraordinary freedom that the cut and " -"paste architecture of the Internet created—in a second you can find " -"just about any image you want; in another second, you can have it planted in " -"your presentation." +"We live in a <quote>cut and paste</quote> culture enabled by " +"technology. Anyone building a presentation knows the extraordinary freedom " +"that the cut and paste architecture of the Internet created—in a " +"second you can find just about any image you want; in another second, you " +"can have it planted in your presentation." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5299 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5799 msgid "Camp Chaos" msgstr "" +#. PAGE BREAK 117 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5290 +#: freeculture.xml:5801 msgid "" "But presentations are just a tiny beginning. Using the Internet and its " "archives, musicians are able to string together mixes of sound never before " @@ -6973,38 +8379,38 @@ msgid "" "politicians and blends them with music to create biting political " "commentary. A site called Camp Chaos has produced some of the most biting " "criticism of the record industry that there is through the mixing of Flash! " -"and music. <placeholder type=\"indexterm\" id=\"0\"/>" +"and music." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5302 +#: freeculture.xml:5812 msgid "" "All of these creations are technically illegal. Even if the creators wanted " -"to be \"legal,\" the cost of complying with the law is impossibly " +"to be <quote>legal,</quote> the cost of complying with the law is impossibly " "high. Therefore, for the law-abiding sorts, a wealth of creativity is never " "made. And for that part that is made, if it doesn't follow the clearance " "rules, it doesn't get released." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5309 +#: freeculture.xml:5819 msgid "" "To some, these stories suggest a solution: Let's alter the mix of rights so " "that people are free to build upon our culture. Free to add or mix as they " "see fit. We could even make this change without necessarily requiring that " -"the \"free\" use be free as in \"free beer.\" Instead, the system could " -"simply make it easy for follow-on creators to compensate artists without " -"requiring an army of lawyers to come along: a rule, for example, that says " -"\"the royalty owed the copyright owner of an unregistered work for the " -"derivative reuse of his work will be a flat 1 percent of net revenues, to be " -"held in escrow for the copyright owner.\" Under this rule, the copyright " -"owner could benefit from some royalty, but he would not have the benefit of " -"a full property right (meaning the right to name his own price) unless he " -"registers the work." +"the <quote>free</quote> use be free as in <quote>free beer.</quote> Instead, " +"the system could simply make it easy for follow-on creators to compensate " +"artists without requiring an army of lawyers to come along: a rule, for " +"example, that says <quote>the royalty owed the copyright owner of an " +"unregistered work for the derivative reuse of his work will be a flat 1 " +"percent of net revenues, to be held in escrow for the copyright " +"owner.</quote> Under this rule, the copyright owner could benefit from some " +"royalty, but he would not have the benefit of a full property right (meaning " +"the right to name his own price) unless he registers the work." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5324 +#: freeculture.xml:5834 msgid "" "Who could possibly object to this? And what reason would there be for " "objecting? We're talking about work that is not now being made; which if " @@ -7014,31 +8420,33 @@ msgstr "" #. PAGE BREAK 118 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5330 +#: freeculture.xml:5840 msgid "" -"In February 2003, DreamWorks studios announced an agreement with Mike Myers, " -"the comic genius of <citetitle>Saturday Night Live</citetitle> and Austin " -"Powers. According to the announcement, Myers and Dream-Works would work " -"together to form a \"unique filmmaking pact.\" Under the agreement, " -"DreamWorks \"will acquire the rights to existing motion picture hits and " -"classics, write new storylines and—with the use of stateof-the-art " -"digital technology—insert Myers and other actors into the film, " -"thereby creating an entirely new piece of entertainment.\"" +"<emphasis role='strong'>In February 2003</emphasis>, DreamWorks studios " +"announced an agreement with Mike Myers, the comic genius of " +"<citetitle>Saturday Night Live</citetitle> and Austin Powers. According to " +"the announcement, Myers and Dream-Works would work together to form a " +"<quote>unique filmmaking pact.</quote> Under the agreement, DreamWorks " +"<quote>will acquire the rights to existing motion picture hits and classics, " +"write new storylines and—with the use of stateof-the-art digital " +"technology—insert Myers and other actors into the film, thereby " +"creating an entirely new piece of entertainment.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5342 +#: freeculture.xml:5853 msgid "" -"The announcement called this \"film sampling.\" As Myers explained, \"Film " -"Sampling is an exciting way to put an original spin on existing films and " -"allow audiences to see old movies in a new light. Rap artists have been " -"doing this for years with music and now we are able to take that same " -"concept and apply it to film.\" Steven Spielberg is quoted as saying, \"If " -"anyone can create a way to bring old films to new audiences, it is Mike.\"" +"The announcement called this <quote>film sampling.</quote> As Myers " +"explained, <quote>Film Sampling is an exciting way to put an original spin " +"on existing films and allow audiences to see old movies in a new light. Rap " +"artists have been doing this for years with music and now we are able to " +"take that same concept and apply it to film.</quote> Steven Spielberg is " +"quoted as saying, <quote>If anyone can create a way to bring old films to " +"new audiences, it is Mike.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5351 +#: freeculture.xml:5862 msgid "" "Spielberg is right. Film sampling by Myers will be brilliant. But if you " "don't think about it, you might miss the truly astonishing point about this " @@ -7051,51 +8459,72 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5361 +#: freeculture.xml:5872 msgid "" "This privilege becomes reserved for two sorts of reasons. The first " -"continues the story of the last chapter: the vagueness of \"fair use.\" Much " -"of \"sampling\" should be considered \"fair use.\" But few would rely upon " -"so weak a doctrine to create. That leads to the second reason that the " -"privilege is reserved for the few: The costs of negotiating the legal rights " -"for the creative reuse of content are astronomically high. These costs " -"mirror the costs with fair use: You either pay a lawyer to defend your fair " -"use rights or pay a lawyer to track down permissions so you don't have to " -"rely upon fair use rights. Either way, the creative process is a process of " -"paying lawyers—again a privilege, or perhaps a curse, reserved for the " -"few." +"continues the story of the last chapter: the vagueness of <quote>fair " +"use.</quote> Much of <quote>sampling</quote> should be considered " +"<quote>fair use.</quote> But few would rely upon so weak a doctrine to " +"create. That leads to the second reason that the privilege is reserved for " +"the few: The costs of negotiating the legal rights for the creative reuse of " +"content are astronomically high. These costs mirror the costs with fair " +"use: You either pay a lawyer to defend your fair use rights or pay a lawyer " +"to track down permissions so you don't have to rely upon fair use " +"rights. Either way, the creative process is a process of paying " +"lawyers—again a privilege, or perhaps a curse, reserved for the few." msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:5376 -msgid "CHAPTER NINE: Collectors" +#: freeculture.xml:5887 +msgid "Chapter Nine: Collectors" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5888 freeculture.xml:9231 freeculture.xml:11554 freeculture.xml:11799 +msgid "archives, digital" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:5889 freeculture.xml:8518 +msgid "bots" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5378 +#: freeculture.xml:5891 msgid "" -"In April 1996, millions of \"bots\"—computer codes designed to " -"\"spider,\" or automatically search the Internet and copy " -"content—began running across the Net. Page by page, these bots copied " -"Internet-based information onto a small set of computers located in a " -"basement in San Francisco's Presidio. Once the bots finished the whole of " -"the Internet, they started again. Over and over again, once every two " -"months, these bits of code took copies of the Internet and stored them." +"<emphasis role='strong'>In April 1996</emphasis>, millions of " +"<quote>bots</quote>—computer codes designed to <quote>spider,</quote> " +"or automatically search the Internet and copy content—began running " +"across the Net. Page by page, these bots copied Internet-based information " +"onto a small set of computers located in a basement in San Francisco's " +"Presidio. Once the bots finished the whole of the Internet, they started " +"again. Over and over again, once every two months, these bits of code took " +"copies of the Internet and stored them." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5901 freeculture.xml:5932 freeculture.xml:5994 +msgid "Way Back Machine" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5387 +#: freeculture.xml:5903 msgid "" "By October 2001, the bots had collected more than five years of copies. And " "at a small announcement in Berkeley, California, the archive that these " "copies created, the Internet Archive, was opened to the world. Using a " -"technology called \"the Way Back Machine,\" you could enter a Web page, and " -"see all of its copies going back to 1996, as well as when those pages " -"changed." +"technology called <quote>the Way Back Machine,</quote> you could enter a Web " +"page, and see all of its copies going back to 1996, as well as when those " +"pages changed." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5910 +msgid "Orwell, George" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5395 +#: freeculture.xml:5912 msgid "" "This is the thing about the Internet that Orwell would have appreciated. In " "the dystopia described in <citetitle>1984</citetitle>, old newspapers were " @@ -7105,7 +8534,7 @@ msgstr "" #. PAGE BREAK 120 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5403 +#: freeculture.xml:5920 msgid "" "Thousands of workers constantly reedited the past, meaning there was no way " "ever to know whether the story you were reading today was the story that was " @@ -7113,7 +8542,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5408 +#: freeculture.xml:5925 msgid "" "It's the same with the Internet. If you go to a Web page today, there's no " "way for you to know whether the content you are reading is the same as the " @@ -7122,19 +8551,24 @@ msgid "" "updated, without any reliable memory." msgstr "" -#. f1 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:5941 +msgid "White House press releases" +msgstr "" + #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:5421 +#: freeculture.xml:5940 msgid "" -"The temptations remain, however. Brewster Kahle reports that the White House " -"changes its own press releases without notice. A May 13, 2003, press release " -"stated, \"Combat Operations in Iraq Have Ended.\" That was later changed, " -"without notice, to \"Major Combat Operations in Iraq Have Ended.\" E-mail " -"from Brewster Kahle, 1 December 2003." +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> The temptations remain, however. Brewster Kahle reports that the " +"White House changes its own press releases without notice. A May 13, 2003, " +"press release stated, <quote>Combat Operations in Iraq Have Ended.</quote> " +"That was later changed, without notice, to <quote>Major Combat Operations in " +"Iraq Have Ended.</quote> E-mail from Brewster Kahle, 1 December 2003." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5415 +#: freeculture.xml:5934 msgid "" "Until the Way Back Machine, at least. With the Way Back Machine, and the " "Internet Archive underlying it, you can see what the Internet was. You have " @@ -7143,21 +8577,26 @@ msgid "" "forget.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5949 +msgid "history, records of" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5429 +#: freeculture.xml:5951 msgid "" -"We take it for granted that we can go back to see what we remember " -"reading. Think about newspapers. If you wanted to study the reaction of your " -"hometown newspaper to the race riots in Watts in 1965, or to Bull Connor's " -"water cannon in 1963, you could go to your public library and look at the " -"newspapers. Those papers probably exist on microfiche. If you're lucky, they " -"exist in paper, too. Either way, you are free, using a library, to go back " -"and remember—not just what it is convenient to remember, but remember " -"something close to the truth." +"<emphasis role='strong'>We take it</emphasis> for granted that we can go " +"back to see what we remember reading. Think about newspapers. If you wanted " +"to study the reaction of your hometown newspaper to the race riots in Watts " +"in 1965, or to Bull Connor's water cannon in 1963, you could go to your " +"public library and look at the newspapers. Those papers probably exist on " +"microfiche. If you're lucky, they exist in paper, too. Either way, you are " +"free, using a library, to go back and remember—not just what it is " +"convenient to remember, but remember something close to the truth." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5440 +#: freeculture.xml:5962 msgid "" "It is said that those who fail to remember history are doomed to repeat " "it. That's not quite correct. We <emphasis>all</emphasis> forget " @@ -7170,7 +8609,7 @@ msgstr "" #. PAGE BREAK 121 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5449 +#: freeculture.xml:5971 msgid "" "The Internet was an exception to this presumption. Until the Internet " "Archive, there was no way to go back. The Internet was the quintessentially " @@ -7182,7 +8621,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5460 +#: freeculture.xml:5982 msgid "" "Brewster Kahle is the founder of the Internet Archive. He was a very " "successful Internet entrepreneur after he was a successful computer " @@ -7194,40 +8633,86 @@ msgid "" "was growing at about a billion pages a month." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:5991 freeculture.xml:6046 freeculture.xml:10474 +msgid "Library of Congress" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5992 +msgid "Television Archive" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5993 +msgid "Vanderbilt University" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:5995 freeculture.xml:11045 freeculture.xml:14106 freeculture.xml:14236 freeculture.xml:14272 +msgid "libraries" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:5995 +msgid "archival function of" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5470 +#: freeculture.xml:5998 msgid "" "The Way Back Machine is the largest archive of human knowledge in human " -"history. At the end of 2002, it held \"two hundred and thirty terabytes of " -"material\"—and was \"ten times larger than the Library of Congress.\" " -"And this was just the first of the archives that Kahle set out to build. In " -"addition to the Internet Archive, Kahle has been constructing the Television " -"Archive. Television, it turns out, is even more ephemeral than the " -"Internet. While much of twentieth-century culture was constructed through " -"television, only a tiny proportion of that culture is available for anyone " -"to see today. Three hours of news are recorded each evening by Vanderbilt " -"University—thanks to a specific exemption in the copyright law. That " -"content is indexed, and is available to scholars for a very low fee. \"But " -"other than that, [television] is almost unavailable,\" Kahle told me. \"If " -"you were Barbara Walters you could get access to [the archives], but if you " -"are just a graduate student?\" As Kahle put it," +"history. At the end of 2002, it held <quote>two hundred and thirty terabytes " +"of material</quote>—and was <quote>ten times larger than the Library " +"of Congress.</quote> And this was just the first of the archives that Kahle " +"set out to build. In addition to the Internet Archive, Kahle has been " +"constructing the Television Archive. Television, it turns out, is even more " +"ephemeral than the Internet. While much of twentieth-century culture was " +"constructed through television, only a tiny proportion of that culture is " +"available for anyone to see today. Three hours of news are recorded each " +"evening by Vanderbilt University—thanks to a specific exemption in the " +"copyright law. That content is indexed, and is available to scholars for a " +"very low fee. <quote>But other than that, [television] is almost " +"unavailable,</quote> Kahle told me. <quote>If you were Barbara Walters you " +"could get access to [the archives], but if you are just a graduate " +"student?</quote> As Kahle put it," +msgstr "" + +#. type: Content of: <book><part><chapter><blockquote><indexterm><primary> +#: freeculture.xml:6015 +msgid "Quayle, Dan" +msgstr "" + +#. type: Content of: <book><part><chapter><blockquote><indexterm><primary> +#: freeculture.xml:6016 +msgid "60 Minutes" msgstr "" #. PAGE BREAK 122 #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:5488 +#: freeculture.xml:6018 msgid "" "Do you remember when Dan Quayle was interacting with Murphy Brown? Remember " "that back and forth surreal experience of a politician interacting with a " "fictional television character? If you were a graduate student wanting to " "study that, and you wanted to get those original back and forth exchanges " "between the two, the <citetitle>60 Minutes</citetitle> episode that came out " -"after it . . . it would be almost impossible. . . . Those materials are " -"almost unfindable. . . ." +"after it … it would be almost impossible. … Those materials " +"are almost unfindable. …" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6029 +msgid "newspapers" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:6029 +msgid "archives of" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5500 +#: freeculture.xml:6031 msgid "" "Why is that? Why is it that the part of our culture that is recorded in " "newspapers remains perpetually accessible, while the part that is recorded " @@ -7238,7 +8723,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5508 +#: freeculture.xml:6039 msgid "" "In part, this is because of the law. Early in American copyright law, " "copyright owners were required to deposit copies of their work in " @@ -7247,46 +8732,52 @@ msgid "" "copyright expired, so that others might access and copy the work." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:6047 freeculture.xml:6091 +msgid "archive of" +msgstr "" + #. f2 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:5525 +#: freeculture.xml:6058 msgid "" -"Doug Herrick, \"Toward a National Film Collection: Motion Pictures at the " -"Library of Congress,\" <citetitle>Film Library Quarterly</citetitle> 13 " -"nos. 2–3 (1980): 5; Anthony Slide, <citetitle>Nitrate Won't Wait: A " -"History of Film Preservation in the United States</citetitle> ( Jefferson, " -"N.C.: McFarland & Co., 1992), 36." +"Doug Herrick, <quote>Toward a National Film Collection: Motion Pictures at " +"the Library of Congress,</quote> <citetitle>Film Library " +"Quarterly</citetitle> 13 nos. 2–3 (1980): 5; Anthony Slide, " +"<citetitle>Nitrate Won't Wait: A History of Film Preservation in the United " +"States</citetitle> (Jefferson, N.C.: McFarland & Co., 1992), 36." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5516 +#: freeculture.xml:6049 msgid "" "These rules applied to film as well. But in 1915, the Library of Congress " "made an exception for film. Film could be copyrighted so long as such " "deposits were made. But the filmmaker was then allowed to borrow back the " "deposits—for an unlimited time at no cost. In 1915 alone, there were " -"more than 5,475 films deposited and \"borrowed back.\" Thus, when the " -"copyrights to films expire, there is no copy held by any library. The copy " -"exists—if it exists at all—in the library archive of the film " -"company.<placeholder type=\"footnote\" id=\"0\"/>" +"more than 5,475 films deposited and <quote>borrowed back.</quote> Thus, when " +"the copyrights to films expire, there is no copy held by any library. The " +"copy exists—if it exists at all—in the library archive of the " +"film company.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5533 +#: freeculture.xml:6066 msgid "" "The same is generally true about television. Television broadcasts were " "originally not copyrighted—there was no way to capture the broadcasts, " -"so there was no fear of \"theft.\" But as technology enabled capturing, " -"broadcasters relied increasingly upon the law. The law required they make a " -"copy of each broadcast for the work to be \"copyrighted.\" But those copies " -"were simply kept by the broadcasters. No library had any right to them; the " -"government didn't demand them. The content of this part of American culture " -"is practically invisible to anyone who would look." +"so there was no fear of <quote>theft.</quote> But as technology enabled " +"capturing, broadcasters relied increasingly upon the law. The law required " +"they make a copy of each broadcast for the work to be " +"<quote>copyrighted.</quote> But those copies were simply kept by the " +"broadcasters. No library had any right to them; the government didn't demand " +"them. The content of this part of American culture is practically invisible " +"to anyone who would look." msgstr "" #. PAGE BREAK 123 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5544 +#: freeculture.xml:6078 msgid "" "Kahle was eager to correct this. Before September 11, 2001, he and his " "allies had started capturing television. They selected twenty stations from " @@ -7297,34 +8788,58 @@ msgid "" "from around the world covered the events of that day." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5571 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6088 msgid "Movie Archive" msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6089 +msgid "archive.org" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6089 freeculture.xml:6092 +msgid "Internet Archive" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6093 +msgid "Duck and Cover film" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6094 +msgid "ephemeral films" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6095 +msgid "Prelinger, Rick" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5555 +#: freeculture.xml:6097 msgid "" "Kahle had the same idea with film. Working with Rick Prelinger, whose " -"archive of film includes close to 45,000 \"ephemeral films\" (meaning films " -"other than Hollywood movies, films that were never copyrighted), Kahle " -"established the Movie Archive. Prelinger let Kahle digitize 1,300 films in " -"this archive and post those films on the Internet to be downloaded for " -"free. Prelinger's is a for-profit company. It sells copies of these films as " -"stock footage. What he has discovered is that after he made a significant " -"chunk available for free, his stock footage sales went up " +"archive of film includes close to 45,000 <quote>ephemeral films</quote> " +"(meaning films other than Hollywood movies, films that were never " +"copyrighted), Kahle established the Movie Archive. Prelinger let Kahle " +"digitize 1,300 films in this archive and post those films on the Internet to " +"be downloaded for free. Prelinger's is a for-profit company. It sells copies " +"of these films as stock footage. What he has discovered is that after he " +"made a significant chunk available for free, his stock footage sales went up " "dramatically. People could easily find the material they wanted to use. Some " "downloaded that material and made films on their own. Others purchased " "copies to enable other films to be made. Either way, the archive enabled " "access to this important part of our culture. Want to see a copy of the " -"\"Duck and Cover\" film that instructed children how to save themselves in " -"the middle of nuclear attack? Go to archive.org, and you can download the " -"film in a few minutes—for free. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"<quote>Duck and Cover</quote> film that instructed children how to save " +"themselves in the middle of nuclear attack? Go to archive.org, and you can " +"download the film in a few minutes—for free." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5574 +#: freeculture.xml:6115 msgid "" "Here again, Kahle is providing access to a part of our culture that we " "otherwise could not get easily, if at all. It is yet another part of what " @@ -7334,7 +8849,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5582 +#: freeculture.xml:6123 msgid "" "The key here is access, not price. Kahle wants to enable free access to this " "content, but he also wants to enable others to sell access to it. His aim is " @@ -7345,19 +8860,19 @@ msgstr "" #. PAGE BREAK 124 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5590 +#: freeculture.xml:6131 msgid "" "For here is an idea that we should more clearly recognize. Every bit of " -"creative property goes through different \"lives.\" In its first life, if " -"the creator is lucky, the content is sold. In such cases the commercial " -"market is successful for the creator. The vast majority of creative property " -"doesn't enjoy such success, but some clearly does. For that content, " -"commercial life is extremely important. Without this commercial market, " -"there would be, many argue, much less creativity." +"creative property goes through different <quote>lives.</quote> In its first " +"life, if the creator is lucky, the content is sold. In such cases the " +"commercial market is successful for the creator. The vast majority of " +"creative property doesn't enjoy such success, but some clearly does. For " +"that content, commercial life is extremely important. Without this " +"commercial market, there would be, many argue, much less creativity." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5602 +#: freeculture.xml:6143 msgid "" "After the commercial life of creative property has ended, our tradition has " "always supported a second life as well. A newspaper delivers the news every " @@ -7367,20 +8882,20 @@ msgid "" "even if that information is no longer sold." msgstr "" -#. f3 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:5614 +#: freeculture.xml:6156 msgid "" -"Dave Barns, \"Fledgling Career in Antique Books: Woodstock Landlord, Bar " -"Owner Starts a New Chapter by Adopting Business,\" <citetitle>Chicago " -"Tribune</citetitle>, 5 September 1997, at Metro Lake 1L. Of books published " -"between 1927 and 1946, only 2.2 percent were in print in 2002. R. Anthony " -"Reese, \"The First Sale Doctrine in the Era of Digital Networks,\" " -"<citetitle>Boston College Law Review</citetitle> 44 (2003): 593 n. 51." +"<placeholder type=\"indexterm\" id=\"0\"/> Dave Barns, <quote>Fledgling " +"Career in Antique Books: Woodstock Landlord, Bar Owner Starts a New Chapter " +"by Adopting Business,</quote> <citetitle>Chicago Tribune</citetitle>, 5 " +"September 1997, at Metro Lake 1L. Of books published between 1927 and 1946, " +"only 2.2 percent were in print in 2002. R. Anthony Reese, <quote>The First " +"Sale Doctrine in the Era of Digital Networks,</quote> <citetitle>Boston " +"College Law Review</citetitle> 44 (2003): 593 n. 51." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5611 +#: freeculture.xml:6153 msgid "" "The same has always been true about books. A book goes out of print very " "quickly (the average today is after about a year<placeholder " @@ -7392,7 +8907,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5628 +#: freeculture.xml:6171 msgid "" "Yet increasingly, any assumption about a stable second life for creative " "property does not hold true with the most important components of popular " @@ -7406,19 +8921,20 @@ msgstr "" #. PAGE BREAK 125 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5639 +#: freeculture.xml:6182 msgid "" -"For most of the twentieth century, it was economics that made this so. It " -"would have been insanely expensive to collect and make accessible all " -"television and film and music: The cost of analog copies is extraordinarily " -"high. So even though the law in principle would have restricted the ability " -"of a Brewster Kahle to copy culture generally, the real restriction was " -"economics. The market made it impossibly difficult to do anything about this " -"ephemeral culture; the law had little practical effect." +"<emphasis role='strong'>For most of</emphasis> the twentieth century, it was " +"economics that made this so. It would have been insanely expensive to " +"collect and make accessible all television and film and music: The cost of " +"analog copies is extraordinarily high. So even though the law in principle " +"would have restricted the ability of a Brewster Kahle to copy culture " +"generally, the real restriction was economics. The market made it impossibly " +"difficult to do anything about this ephemeral culture; the law had little " +"practical effect." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5651 +#: freeculture.xml:6194 msgid "" "Perhaps the single most important feature of the digital revolution is that " "for the first time since the Library of Alexandria, it is feasible to " @@ -7429,7 +8945,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5659 +#: freeculture.xml:6202 msgid "" "The scale of this potential archive is something we've never imagined " "before. The Brewster Kahles of our history have dreamed about it; but we are " @@ -7437,17 +8953,22 @@ msgid "" "describes," msgstr "" +#. type: Content of: <book><part><chapter><blockquote><indexterm><secondary> +#: freeculture.xml:6208 +msgid "total number of" +msgstr "" + #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:5666 +#: freeculture.xml:6210 msgid "" "It looks like there's about two to three million recordings of music. " "Ever. There are about a hundred thousand theatrical releases of movies, " -". . . and about one to two million movies [distributed] during the twentieth " -"century. There are about twenty-six million different titles of books. All " -"of these would fit on computers that would fit in this room and be able to " -"be afforded by a small company. So we're at a turning point in our " -"history. Universal access is the goal. And the opportunity of leading a " -"different life, based on this, is . . . thrilling. It could be one of the " +"… and about one to two million movies [distributed] during the " +"twentieth century. There are about twenty-six million different titles of " +"books. All of these would fit on computers that would fit in this room and " +"be able to be afforded by a small company. So we're at a turning point in " +"our history. Universal access is the goal. And the opportunity of leading a " +"different life, based on this, is … thrilling. It could be one of the " "things humankind would be most proud of. Up there with the Library of " "Alexandria, putting a man on the moon, and the invention of the printing " "press." @@ -7455,7 +8976,7 @@ msgstr "" #. PAGE BREAK 126 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5680 +#: freeculture.xml:6225 msgid "" "Kahle is not the only librarian. The Internet Archive is not the only " "archive. But Kahle and the Internet Archive suggest what the future of " @@ -7471,75 +8992,76 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5695 +#: freeculture.xml:6240 msgid "" "Technologists have thus removed the economic costs of building such an " "archive. But lawyers' costs remain. For as much as we might like to call " -"these \"archives,\" as warm as the idea of a \"library\" might seem, the " -"\"content\" that is collected in these digital spaces is also someone's " -"\"property.\" And the law of property restricts the freedoms that Kahle and " -"others would exercise." +"these <quote>archives,</quote> as warm as the idea of a " +"<quote>library</quote> might seem, the <quote>content</quote> that is " +"collected in these digital spaces is also someone's <quote>property.</quote> " +"And the law of property restricts the freedoms that Kahle and others would " +"exercise." msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:5705 -msgid "CHAPTER TEN: \"Property\"" +#: freeculture.xml:6251 +msgid "Chapter Ten: <quote>Property</quote>" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5714 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6252 msgid "Johnson, Lyndon" msgstr "" -#. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5707 -msgid "" -"Jack Valenti has been the president of the Motion Picture Association of " -"America since 1966. He first came to Washington, D.C., with Lyndon Johnson's " -"administration—literally. The famous picture of Johnson's swearing-in " -"on Air Force One after the assassination of President Kennedy has Valenti in " -"the background. In his almost forty years of running the MPAA, Valenti has " -"established himself as perhaps the most prominent and effective lobbyist in " -"Washington. <placeholder type=\"indexterm\" id=\"0\"/>" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6253 freeculture.xml:10233 +msgid "Kennedy, John F." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5727 -msgid "Disney, Inc." +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6255 +msgid "" +"<emphasis role='strong'>Jack Valenti</emphasis> has been the president of " +"the Motion Picture Association of America since 1966. He first came to " +"Washington, D.C., with Lyndon Johnson's administration—literally. The " +"famous picture of Johnson's swearing-in on Air Force One after the " +"assassination of President Kennedy has Valenti in the background. In his " +"almost forty years of running the MPAA, Valenti has established himself as " +"perhaps the most prominent and effective lobbyist in Washington." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5728 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6265 msgid "Sony Pictures Entertainment" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5729 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6266 msgid "MGM" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5730 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6267 msgid "Paramount Pictures" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5731 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6268 msgid "Twentieth Century Fox" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:5732 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6269 msgid "Universal Pictures" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:5733 freeculture.xml:7138 +#: freeculture.xml:6270 freeculture.xml:7885 freeculture.xml:8057 msgid "Warner Brothers" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5717 +#: freeculture.xml:6272 msgid "" "The MPAA is the American branch of the international Motion Picture " "Association. It was formed in 1922 as a trade association whose goal was to " @@ -7549,16 +9071,12 @@ msgid "" "made up of the chairmen and presidents of the seven major producers and " "distributors of motion picture and television programs in the United States: " "Walt Disney, Sony Pictures Entertainment, MGM, Paramount Pictures, Twentieth " -"Century Fox, Universal Studios, and Warner Brothers. <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> " -"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" " -"id=\"3\"/> <placeholder type=\"indexterm\" id=\"4\"/> <placeholder " -"type=\"indexterm\" id=\"5\"/> <placeholder type=\"indexterm\" id=\"6\"/>" +"Century Fox, Universal Studios, and Warner Brothers." msgstr "" #. PAGE BREAK 128 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5737 +#: freeculture.xml:6285 msgid "" "Valenti is only the third president of the MPAA. No president before him has " "had as much influence over that organization, or over Washington. As a " @@ -7572,25 +9090,25 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5749 +#: freeculture.xml:6297 msgid "" "In defending artistic liberty and the freedom of speech that our culture " "depends upon, the MPAA has done important good. In crafting the MPAA rating " "system, it has probably avoided a great deal of speech-regulating harm. But " "there is an aspect to the organization's mission that is both the most " "radical and the most important. This is the organization's effort, " -"epitomized in Valenti's every act, to redefine the meaning of \"creative " -"property.\"" +"epitomized in Valenti's every act, to redefine the meaning of " +"<quote>creative property.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5758 +#: freeculture.xml:6306 msgid "In 1982, Valenti's testimony to Congress captured the strategy perfectly:" msgstr "" #. f1 #. type: Content of: <book><part><chapter><blockquote><para><footnote><para> -#: freeculture.xml:5772 +#: freeculture.xml:6320 msgid "" "Home Recording of Copyrighted Works: Hearings on H.R. 4783, H.R. 4794, " "H.R. 4808, H.R. 5250, H.R. 5488, and H.R. 5705 Before the Subcommittee on " @@ -7600,7 +9118,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:5763 +#: freeculture.xml:6311 msgid "" "No matter the lengthy arguments made, no matter the charges and the " "counter-charges, no matter the tumult and the shouting, reasonable men and " @@ -7614,19 +9132,19 @@ msgstr "" #. PAGE BREAK 129 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5782 +#: freeculture.xml:6330 msgid "" "The strategy of this rhetoric, like the strategy of most of Valenti's " "rhetoric, is brilliant and simple and brilliant because simple. The " -"\"central theme\" to which \"reasonable men and women\" will return is this: " -"\"Creative property owners must be accorded the same rights and protections " -"resident in all other property owners in the nation.\" There are no " -"second-class citizens, Valenti might have continued. There should be no " -"second-class property owners." +"<quote>central theme</quote> to which <quote>reasonable men and " +"women</quote> will return is this: <quote>Creative property owners must be " +"accorded the same rights and protections resident in all other property " +"owners in the nation.</quote> There are no second-class citizens, Valenti " +"might have continued. There should be no second-class property owners." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5793 +#: freeculture.xml:6341 msgid "" "This claim has an obvious and powerful intuitive pull. It is stated with " "such clarity as to make the idea as obvious as the notion that we use " @@ -7634,39 +9152,41 @@ msgid "" "made by <emphasis>anyone</emphasis> who is serious in this debate than this " "claim of Valenti's. Jack Valenti, however sweet and however brilliant, is " "perhaps the nation's foremost extremist when it comes to the nature and " -"scope of \"creative property.\" His views have <emphasis>no</emphasis> " -"reasonable connection to our actual legal tradition, even if the subtle pull " -"of his Texan charm has slowly redefined that tradition, at least in " -"Washington." +"scope of <quote>creative property.</quote> His views have " +"<emphasis>no</emphasis> reasonable connection to our actual legal tradition, " +"even if the subtle pull of his Texan charm has slowly redefined that " +"tradition, at least in Washington." msgstr "" #. f2 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:5808 +#: freeculture.xml:6356 msgid "" -"Lawyers speak of \"property\" not as an absolute thing, but as a bundle of " -"rights that are sometimes associated with a particular object. Thus, my " -"\"property right\" to my car gives me the right to exclusive use, but not " -"the right to drive at 150 miles an hour. For the best effort to connect the " -"ordinary meaning of \"property\" to \"lawyer talk,\" see Bruce Ackerman, " -"<citetitle>Private Property and the Constitution</citetitle> (New Haven: " -"Yale University Press, 1977), 26–27." +"Lawyers speak of <quote>property</quote> not as an absolute thing, but as a " +"bundle of rights that are sometimes associated with a particular " +"object. Thus, my <quote>property right</quote> to my car gives me the right " +"to exclusive use, but not the right to drive at 150 miles an hour. For the " +"best effort to connect the ordinary meaning of <quote>property</quote> to " +"<quote>lawyer talk,</quote> see Bruce Ackerman, <citetitle>Private Property " +"and the Constitution</citetitle> (New Haven: Yale University Press, 1977), " +"26–27." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5805 +#: freeculture.xml:6353 msgid "" -"While \"creative property\" is certainly \"property\" in a nerdy and precise " -"sense that lawyers are trained to understand,<placeholder type=\"footnote\" " -"id=\"0\"/> it has never been the case, nor should it be, that \"creative " -"property owners\" have been \"accorded the same rights and protection " -"resident in all other property owners.\" Indeed, if creative property owners " -"were given the same rights as all other property owners, that would effect a " -"radical, and radically undesirable, change in our tradition." +"While <quote>creative property</quote> is certainly <quote>property</quote> " +"in a nerdy and precise sense that lawyers are trained to " +"understand,<placeholder type=\"footnote\" id=\"0\"/> it has never been the " +"case, nor should it be, that <quote>creative property owners</quote> have " +"been <quote>accorded the same rights and protection resident in all other " +"property owners.</quote> Indeed, if creative property owners were given the " +"same rights as all other property owners, that would effect a radical, and " +"radically undesirable, change in our tradition." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5823 +#: freeculture.xml:6371 msgid "" "Valenti knows this. But he speaks for an industry that cares squat for our " "tradition and the values it represents. He speaks for an industry that is " @@ -7677,7 +9197,7 @@ msgstr "" #. PAGE BREAK 130 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5831 +#: freeculture.xml:6379 msgid "" "I have two purposes in this chapter. The first is to convince you that, " "historically, Valenti's claim is absolutely wrong. The second is to convince " @@ -7691,7 +9211,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5846 +#: freeculture.xml:6394 msgid "" "Organizations such as the MPAA, whose board includes the most powerful of " "the old guard, have little interest, their rhetoric notwithstanding, in " @@ -7699,44 +9219,51 @@ msgid "" "does. (Ask me about tenure, for example.) But what's good for the MPAA is " "not necessarily good for America. A society that defends the ideals of free " "culture must preserve precisely the opportunity for new creativity to " -"threaten the old. To get just a hint that there is something fundamentally " -"wrong in Valenti's argument, we need look no further than the United States " -"Constitution itself." +"threaten the old." +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6403 +msgid "" +"<emphasis role='strong'>To get</emphasis> just a hint that there is " +"something fundamentally wrong in Valenti's argument, we need look no further " +"than the United States Constitution itself." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5858 +#: freeculture.xml:6408 msgid "" -"The framers of our Constitution loved \"property.\" Indeed, so strongly did " -"they love property that they built into the Constitution an important " -"requirement. If the government takes your property—if it condemns your " -"house, or acquires a slice of land from your farm—it is required, " -"under the Fifth Amendment's \"Takings Clause,\" to pay you \"just " -"compensation\" for that taking. The Constitution thus guarantees that " -"property is, in a certain sense, sacred. It cannot <emphasis>ever</emphasis> " -"be taken from the property owner unless the government pays for the " -"privilege." +"The framers of our Constitution loved <quote>property.</quote> Indeed, so " +"strongly did they love property that they built into the Constitution an " +"important requirement. If the government takes your property—if it " +"condemns your house, or acquires a slice of land from your farm—it is " +"required, under the Fifth Amendment's <quote>Takings Clause,</quote> to pay " +"you <quote>just compensation</quote> for that taking. The Constitution thus " +"guarantees that property is, in a certain sense, sacred. It cannot " +"<emphasis>ever</emphasis> be taken from the property owner unless the " +"government pays for the privilege." msgstr "" #. PAGE BREAK 131 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5869 +#: freeculture.xml:6419 msgid "" "Yet the very same Constitution speaks very differently about what Valenti " -"calls \"creative property.\" In the clause granting Congress the power to " -"create \"creative property,\" the Constitution <emphasis>requires</emphasis> " -"that after a \"limited time,\" Congress take back the rights that it has " -"granted and set the \"creative property\" free to the public domain. Yet " -"when Congress does this, when the expiration of a copyright term \"takes\" " -"your copyright and turns it over to the public domain, Congress does not " -"have any obligation to pay \"just compensation\" for this \"taking.\" " -"Instead, the same Constitution that requires compensation for your land " -"requires that you lose your \"creative property\" right without any " -"compensation at all." +"calls <quote>creative property.</quote> In the clause granting Congress the " +"power to create <quote>creative property,</quote> the Constitution " +"<emphasis>requires</emphasis> that after a <quote>limited time,</quote> " +"Congress take back the rights that it has granted and set the " +"<quote>creative property</quote> free to the public domain. Yet when " +"Congress does this, when the expiration of a copyright term " +"<quote>takes</quote> your copyright and turns it over to the public domain, " +"Congress does not have any obligation to pay <quote>just " +"compensation</quote> for this <quote>taking.</quote> Instead, the same " +"Constitution that requires compensation for your land requires that you lose " +"your <quote>creative property</quote> right without any compensation at all." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5884 +#: freeculture.xml:6434 msgid "" "The Constitution thus on its face states that these two forms of property " "are not to be accorded the same rights. They are plainly to be treated " @@ -7747,7 +9274,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5893 +#: freeculture.xml:6444 msgid "" "Arguing for a change in our Constitution is not necessarily wrong. There " "was much in our original Constitution that was plainly wrong. The " @@ -7761,7 +9288,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5905 +#: freeculture.xml:6456 msgid "" "Instead, my argument is that because Jefferson did it, we should at least " "try to understand <emphasis>why</emphasis>. Why did the framers, fanatical " @@ -7771,23 +9298,48 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5913 +#: freeculture.xml:6466 msgid "" "To answer this question, we need to get some perspective on the history of " -"these \"creative property\" rights, and the control that they enabled. Once " -"we see clearly how differently these rights have been defined, we will be in " -"a better position to ask the question that should be at the core of this " -"war: Not <emphasis>whether</emphasis> creative property should be protected, " -"but how. Not <emphasis>whether</emphasis> we will enforce the rights the law " -"gives to creative-property owners, but what the particular mix of rights " -"ought to be. Not <emphasis>whether</emphasis> artists should be paid, but " -"whether institutions designed to assure that artists get paid need also " -"control how culture develops." +"these <quote>creative property</quote> rights, and the control that they " +"enabled. Once we see clearly how differently these rights have been " +"defined, we will be in a better position to ask the question that should be " +"at the core of this war: Not <emphasis>whether</emphasis> creative property " +"should be protected, but how. Not <emphasis>whether</emphasis> we will " +"enforce the rights the law gives to creative-property owners, but what the " +"particular mix of rights ought to be. Not <emphasis>whether</emphasis> " +"artists should be paid, but whether institutions designed to assure that " +"artists get paid need also control how culture develops." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:6478 +msgid "four modalities of constraint on" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6479 freeculture.xml:6738 freeculture.xml:9808 freeculture.xml:9925 +msgid "regulation" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:6479 +msgid "four modalities of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:6480 +msgid "as ex post regulation modality" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6481 freeculture.xml:6557 freeculture.xml:6692 +msgid "as constraint modality" msgstr "" #. PAGE BREAK 132 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5928 +#: freeculture.xml:6485 msgid "" "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 " @@ -7798,20 +9350,15 @@ msgid "" "right or regulation. I represented it with this diagram:" msgstr "" -#. type: Content of: <book><part><chapter><figure><title> -#: freeculture.xml:5937 -msgid "" -"How four different modalities of regulation interact to support or weaken " -"the right or regulation." -msgstr "" - #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:5938 freeculture.xml:6113 freeculture.xml:6415 -msgid "<graphic fileref=\"images/1331.png\"></graphic>" +#: freeculture.xml:6495 freeculture.xml:6688 freeculture.xml:7058 +msgid "" +"<graphic fileref=\"images/1331.svg\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5941 +#: freeculture.xml:6499 msgid "" "At the center of this picture is a regulated dot: the individual or group " "that is the target of regulation, or the holder of a right. (In each case " @@ -7827,8 +9374,13 @@ msgid "" "by the state. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6515 freeculture.xml:6577 freeculture.xml:6693 +msgid "norms, regulatory influence of" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5958 +#: freeculture.xml:6517 msgid "" "Norms are a different kind of constraint. They, too, punish an individual " "for violating a rule. But the punishment of a norm is imposed by a " @@ -7840,8 +9392,13 @@ msgid "" "the severity of the rule, but the source of the enforcement." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6527 freeculture.xml:6576 freeculture.xml:6669 freeculture.xml:6709 freeculture.xml:9817 freeculture.xml:10051 +msgid "market constraints" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5969 +#: freeculture.xml:6529 msgid "" "The market is a third type of constraint. Its constraint is effected through " "conditions: You can do X if you pay Y; you'll be paid M if you do N. These " @@ -7852,26 +9409,32 @@ msgid "" "simultaneous constraint upon how an individual or group might behave." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6538 freeculture.xml:6575 freeculture.xml:6627 freeculture.xml:6668 freeculture.xml:6691 +msgid "architecture, constraint effected through" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5979 +#: freeculture.xml:6540 msgid "" "Finally, and for the moment, perhaps, most mysteriously, " -"\"architecture\"—the physical world as one finds it—is a " -"constraint on behavior. A fallen bridge might constrain your ability to get " -"across a river. Railroad tracks might constrain the ability of a community " -"to integrate its social life. As with the market, architecture does not " -"effect its constraint through ex post punishments. Instead, also as with the " -"market, architecture effects its constraint through simultaneous " -"conditions. These conditions are imposed not by courts enforcing contracts, " -"or by police punishing theft, but by nature, by \"architecture.\" If a " -"500-pound boulder blocks your way, it is the law of gravity that enforces " -"this constraint. If a $500 airplane ticket stands between you and a flight " -"to New York, it is the market that enforces this constraint." +"<quote>architecture</quote>—the physical world as one finds " +"it—is a constraint on behavior. A fallen bridge might constrain your " +"ability to get across a river. Railroad tracks might constrain the ability " +"of a community to integrate its social life. As with the market, " +"architecture does not effect its constraint through ex post " +"punishments. Instead, also as with the market, architecture effects its " +"constraint through simultaneous conditions. These conditions are imposed not " +"by courts enforcing contracts, or by police punishing theft, but by nature, " +"by <quote>architecture.</quote> If a 500-pound boulder blocks your way, it " +"is the law of gravity that enforces this constraint. If a $500 airplane " +"ticket stands between you and a flight to New York, it is the market that " +"enforces this constraint." msgstr "" #. PAGE BREAK 134 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:5996 +#: freeculture.xml:6561 msgid "" "So the first point about these four modalities of regulation is obvious: " "They interact. Restrictions imposed by one might be reinforced by " @@ -7879,7 +9442,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:6002 +#: freeculture.xml:6567 msgid "" "The second point follows directly: If we want to understand the effective " "freedom that anyone has at a given moment to do any particular thing, we " @@ -7891,20 +9454,25 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:6011 +#: freeculture.xml:6578 msgid "driving speed, constraints on" msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6579 +msgid "speeding, constraints on" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:6014 +#: freeculture.xml:6581 msgid "" -"So, for example, consider the \"freedom\" to drive a car at a high " -"speed. That freedom is in part restricted by laws: speed limits that say how " -"fast you can drive in particular places at particular times. It is in part " -"restricted by architecture: speed bumps, for example, slow most rational " -"drivers; governors in buses, as another example, set the maximum rate at " -"which the driver can drive. The freedom is in part restricted by the market: " -"Fuel efficiency drops as speed increases, thus the price of gasoline " +"So, for example, consider the <quote>freedom</quote> to drive a car at a " +"high speed. That freedom is in part restricted by laws: speed limits that " +"say how fast you can drive in particular places at particular times. It is " +"in part restricted by architecture: speed bumps, for example, slow most " +"rational drivers; governors in buses, as another example, set the maximum " +"rate at which the driver can drive. The freedom is in part restricted by the " +"market: Fuel efficiency drops as speed increases, thus the price of gasoline " "indirectly constrains speed. And finally, the norms of a community may or " "may not constrain the freedom to speed. Drive at 50 mph by a school in your " "own neighborhood and you're likely to be punished by the neighbors. The same " @@ -7913,7 +9481,7 @@ msgstr "" #. f3 #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:6032 +#: freeculture.xml:6599 msgid "" "By describing the way law affects the other three modalities, I don't mean " "to suggest that the other three don't affect law. Obviously, they do. Law's " @@ -7921,13 +9489,13 @@ msgid "" "self-consciously to change the other three. The right of the other three is " "more timidly expressed. See Lawrence Lessig, <citetitle>Code: And Other " "Laws of Cyberspace</citetitle> (New York: Basic Books, 1999): 90–95; " -"Lawrence Lessig, \"The New Chicago School,\" <citetitle>Journal of Legal " -"Studies</citetitle>, June 1998." +"Lawrence Lessig, <quote>The New Chicago School,</quote> <citetitle>Journal " +"of Legal Studies</citetitle>, June 1998." msgstr "" #. PAGE BREAK 135 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:6028 +#: freeculture.xml:6595 msgid "" "The final point about this simple model should also be fairly clear: While " "these four modalities are analytically independent, law has a special role " @@ -7943,56 +9511,60 @@ msgid "" "driving." msgstr "" -#. type: Content of: <book><part><chapter><figure><title> -#: freeculture.xml:6056 -msgid "Law has a special role in affecting the three." +#. type: Content of: <book><part><chapter><figure> +#: freeculture.xml:6624 +msgid "" +"<graphic fileref=\"images/1361.svg\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" -#. type: Content of: <book><part><chapter><figure> -#: freeculture.xml:6057 -msgid "<graphic fileref=\"images/1361.png\"></graphic>" +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:6666 +msgid "Americans with Disabilities Act (1990)" msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:6096 +#: freeculture.xml:6667 msgid "Commons, John R." msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:6068 -msgid "" -"Some people object to this way of talking about \"liberty.\" They object " -"because their focus when considering the constraints that exist at any " -"particular moment are constraints imposed exclusively by the government. For " -"instance, if a storm destroys a bridge, these people think it is meaningless " -"to say that one's liberty has been restrained. A bridge has washed out, and " -"it's harder to get from one place to another. To talk about this as a loss " -"of freedom, they say, is to confuse the stuff of politics with the vagaries " -"of ordinary life. I don't mean to deny the value in this narrower view, " -"which depends upon the context of the inquiry. I do, however, mean to argue " -"against any insistence that this narrower view is the only proper view of " -"liberty. As I argued in <citetitle>Code</citetitle>, we come from a long " -"tradition of political thought with a broader focus than the narrow question " -"of what the government did when. John Stuart Mill defended freedom of " -"speech, for example, from the tyranny of narrow minds, not from the fear of " -"government prosecution; John Stuart Mill, <citetitle>On Liberty</citetitle> " -"(Indiana: Hackett Publishing Co., 1978), 19. John R. Commons famously " -"defended the economic freedom of labor from constraints imposed by the " -"market; John R. Commons, \"The Right to Work,\" in Malcom Rutherford and " -"Warren J. Samuels, eds., <citetitle>John R. Commons: Selected " -"Essays</citetitle> (London: Routledge: 1997), 62. The Americans with " -"Disabilities Act increases the liberty of people with physical disabilities " -"by changing the architecture of certain public places, thereby making access " -"to those places easier; 42 <citetitle>United States Code</citetitle>, " -"section 12101 (2000). Each of these interventions to change existing " -"conditions changes the liberty of a particular group. The effect of those " -"interventions should be accounted for in order to understand the effective " -"liberty that each of these groups might face. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +#: freeculture.xml:6637 +msgid "" +"Some people object to this way of talking about <quote>liberty.</quote> They " +"object because their focus when considering the constraints that exist at " +"any particular moment are constraints imposed exclusively by the " +"government. For instance, if a storm destroys a bridge, these people think " +"it is meaningless to say that one's liberty has been restrained. A bridge " +"has washed out, and it's harder to get from one place to another. To talk " +"about this as a loss of freedom, they say, is to confuse the stuff of " +"politics with the vagaries of ordinary life. I don't mean to deny the value " +"in this narrower view, which depends upon the context of the inquiry. I do, " +"however, mean to argue against any insistence that this narrower view is the " +"only proper view of liberty. As I argued in <citetitle>Code</citetitle>, we " +"come from a long tradition of political thought with a broader focus than " +"the narrow question of what the government did when. John Stuart Mill " +"defended freedom of speech, for example, from the tyranny of narrow minds, " +"not from the fear of government prosecution; John Stuart Mill, <citetitle>On " +"Liberty</citetitle> (Indiana: Hackett Publishing Co., 1978), 19. John " +"R. Commons famously defended the economic freedom of labor from constraints " +"imposed by the market; John R. Commons, <quote>The Right to Work,</quote> in " +"Malcom Rutherford and Warren J. Samuels, eds., <citetitle>John R. Commons: " +"Selected Essays</citetitle> (London: Routledge: 1997), 62. The Americans " +"with Disabilities Act increases the liberty of people with physical " +"disabilities by changing the architecture of certain public places, thereby " +"making access to those places easier; 42 <citetitle>United States " +"Code</citetitle>, section 12101 (2000). Each of these interventions to " +"change existing conditions changes the liberty of a particular group. The " +"effect of those interventions should be accounted for in order to understand " +"the effective liberty that each of these groups might face. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> " +"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" " +"id=\"3\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:6060 +#: freeculture.xml:6629 msgid "" "These constraints can thus change, and they can be changed. To understand " "the effective protection of liberty or protection of property at any " @@ -8003,12 +9575,17 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:6100 +#: freeculture.xml:6674 msgid "Why Hollywood Is Right" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6675 freeculture.xml:7048 +msgid "four regulatory modalities on" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6102 +#: freeculture.xml:6677 msgid "" "The most obvious point that this model reveals is just why, or just how, " "Hollywood is right. The copyright warriors have rallied Congress and the " @@ -8017,18 +9594,13 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6108 +#: freeculture.xml:6683 msgid "Let's say this is the picture of copyright's regulation before the Internet:" msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:6112 freeculture.xml:6414 -msgid "Copyright's regulation before the Internet." -msgstr "" - #. PAGE BREAK 136 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6117 +#: freeculture.xml:6696 msgid "" "There is balance between law, norms, market, and architecture. The law " "limits the ability to copy and share content, by imposing penalties on those " @@ -8041,8 +9613,23 @@ msgid "" "this form of infringement." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6707 +msgid "copyright regulatory balance lost with" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6708 +msgid "regulatory balance lost in" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6710 +msgid "MP3s" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6129 +#: freeculture.xml:6712 msgid "" "Enter the Internet, or, more precisely, technologies such as MP3s and p2p " "sharing. Now the constraint of architecture changes dramatically, as does " @@ -8052,9 +9639,19 @@ msgid "" "of anarchy after the Internet." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6721 freeculture.xml:7565 freeculture.xml:7874 +msgid "technology" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6721 +msgid "established industries threatened by changes in" +msgstr "" + #. PAGE BREAK 137 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6137 +#: freeculture.xml:6723 msgid "" "Thus the sense of, and justification for, the warriors' response. " "Technology has changed, the warriors say, and the effect of this change, " @@ -8064,23 +9661,30 @@ msgid "" "results." msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:6147 -msgid "effective state of anarchy after the Internet." +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6734 +msgid "" +"<graphic fileref=\"images/1381.svg\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" -#. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:6148 -msgid "<graphic fileref=\"images/1381.png\"></graphic>" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6737 +msgid "Commerce, U.S. Department of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6738 freeculture.xml:9808 +msgid "as establishment protectionism" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6151 +#: freeculture.xml:6740 msgid "" "Neither this analysis nor the conclusions that follow are new to the " -"warriors. Indeed, in a \"White Paper\" prepared by the Commerce Department " -"(one heavily influenced by the copyright warriors) in 1995, this mix of " -"regulatory modalities had already been identified and the strategy to " +"warriors. Indeed, in a <quote>White Paper</quote> prepared by the Commerce " +"Department (one heavily influenced by the copyright warriors) in 1995, this " +"mix of regulatory modalities had already been identified and the strategy to " "respond already mapped. In response to the changes the Internet had " "effected, the White Paper argued (1) Congress should strengthen intellectual " "property law, (2) businesses should adopt innovative marketing techniques, " @@ -8088,9 +9692,19 @@ msgid "" "material, and (4) educators should educate kids to better protect copyright." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6753 freeculture.xml:6893 +msgid "farming" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6754 +msgid "steel industry" +msgstr "" + #. PAGE BREAK 138 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6163 +#: freeculture.xml:6756 msgid "" "This mixed strategy is just what copyright needed—if it was to " "preserve the particular balance that existed before the change induced by " @@ -8107,30 +9721,41 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6180 +#: freeculture.xml:6776 msgid "" "Thus, there's nothing wrong or surprising in the content industry's campaign " "to protect itself from the harmful consequences of a technological " "innovation. And I would be the last person to argue that the changing " "technology of the Internet has not had a profound effect on the content " "industry's way of doing business, or as John Seely Brown describes it, its " -"\"architecture of revenue.\"" +"<quote>architecture of revenue.</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6789 +msgid "railroad industry" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6790 +msgid "remote channel changers" msgstr "" #. f5 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6196 +#: freeculture.xml:6800 msgid "" -"See Geoffrey Smith, \"Film vs. Digital: Can Kodak Build a Bridge?\" " -"BusinessWeek online, 2 August 1999, available at <ulink " +"See Geoffrey Smith, <quote>Film vs. Digital: Can Kodak Build a " +"Bridge?</quote> BusinessWeek online, 2 August 1999, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #23</ulink>. For a more recent " -"analysis of Kodak's place in the market, see Chana R. Schoenberger, \"Can " -"Kodak Make Up for Lost Moments?\" Forbes.com, 6 October 2003, available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #24</ulink>." +"analysis of Kodak's place in the market, see Chana R. Schoenberger, " +"<quote>Can Kodak Make Up for Lost Moments?</quote> Forbes.com, 6 October " +"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#24</ulink>." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6188 +#: freeculture.xml:6792 msgid "" "But just because a particular interest asks for government support, it " "doesn't follow that support should be granted. And just because technology " @@ -8143,29 +9768,44 @@ msgid "" "weakened the freight business for railroads. Does anyone think we should ban " "trucks from roads <emphasis>for the purpose of</emphasis> protecting the " "railroads? Closer to the subject of this book, remote channel changers have " -"weakened the \"stickiness\" of television advertising (if a boring " -"commercial comes on the TV, the remote makes it easy to surf ), and it may " -"well be that this change has weakened the television advertising market. But " -"does anyone believe we should regulate remotes to reinforce commercial " -"television? (Maybe by limiting them to function only once a second, or to " -"switch to only ten channels within an hour?)" +"weakened the <quote>stickiness</quote> of television advertising (if a " +"boring commercial comes on the TV, the remote makes it easy to surf), and it " +"may well be that this change has weakened the television advertising " +"market. But does anyone believe we should regulate remotes to reinforce " +"commercial television? (Maybe by limiting them to function only once a " +"second, or to switch to only ten channels within an hour?)" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6821 +msgid "free market, technological changes in" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:6822 freeculture.xml:15500 +msgid "Brezhnev, Leonid" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:6825 freeculture.xml:13700 +msgid "Gates, Bill" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6826 freeculture.xml:7839 +msgid "market competition" msgstr "" #. f6 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6228 +#: freeculture.xml:6839 msgid "" "Fred Warshofsky, <citetitle>The Patent Wars</citetitle> (New York: Wiley, " "1994), 170–71." msgstr "" -#. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:6237 freeculture.xml:12643 -msgid "Gates, Bill" -msgstr "" - #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6218 +#: freeculture.xml:6829 msgid "" "The obvious answer to these obviously rhetorical questions is no. In a free " "society, with a free market, supported by free enterprise and free trade, " @@ -8173,18 +9813,17 @@ msgid "" "others. Its role is not to pick winners and protect them against loss. If " "the government did this generally, then we would never have any progress. As " "Microsoft chairman Bill Gates wrote in 1991, in a memo criticizing software " -"patents, \"established companies have an interest in excluding future " -"competitors.\"<placeholder type=\"footnote\" id=\"0\"/> And relative to a " -"startup, established companies also have the means. (Think RCA and FM " +"patents, <quote>established companies have an interest in excluding future " +"competitors.</quote><placeholder type=\"footnote\" id=\"0\"/> And relative " +"to a startup, established companies also have the means. (Think RCA and FM " "radio.) A world in which competitors with new ideas must fight not only the " "market but also the government is a world in which competitors with new " "ideas will not succeed. It is a world of stasis and increasingly " -"concentrated stagnation. It is the Soviet Union under Brezhnev. " -"<placeholder type=\"indexterm\" id=\"1\"/>" +"concentrated stagnation. It is the Soviet Union under Brezhnev." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6240 +#: freeculture.xml:6850 msgid "" "Thus, while it is understandable for industries threatened with new " "technologies that change the way they do business to look to the government " @@ -8195,8 +9834,18 @@ msgid "" "preserve the incentives and opportunities for innovation and change." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6861 +msgid "speech, freedom of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6861 +msgid "constitutional guarantee of" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6250 +#: freeculture.xml:6863 msgid "" "In the context of laws regulating speech—which include, obviously, " "copyright law—that duty is even stronger. When the industry " @@ -8205,79 +9854,88 @@ msgid "" "wary of the request. It is always a bad deal for the government to get into " "the business of regulating speech markets. The risks and dangers of that " "game are precisely why our framers created the First Amendment to our " -"Constitution: \"Congress shall make no law . . . abridging the freedom of " -"speech.\" So when Congress is being asked to pass laws that would " -"\"abridge\" the freedom of speech, it should ask— " +"Constitution: <quote>Congress shall make no law … abridging the " +"freedom of speech.</quote> So when Congress is being asked to pass laws that " +"would <quote>abridge</quote> the freedom of speech, it should ask— " "carefully—whether such regulation is justified." msgstr "" #. PAGE BREAK 140 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6264 +#: freeculture.xml:6879 msgid "" "My argument just now, however, has nothing to do with whether the changes " -"that are being pushed by the copyright warriors are \"justified.\" My " -"argument is about their effect. For before we get to the question of " -"justification, a hard question that depends a great deal upon your values, " -"we should first ask whether we understand the effect of the changes the " -"content industry wants." +"that are being pushed by the copyright warriors are " +"<quote>justified.</quote> My argument is about their effect. For before we " +"get to the question of justification, a hard question that depends a great " +"deal upon your values, we should first ask whether we understand the effect " +"of the changes the content industry wants." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6273 +#: freeculture.xml:6888 msgid "Here's the metaphor that will capture the argument to follow." msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:6276 +#: freeculture.xml:6890 +msgid "Müller, Paul Hermann" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6891 msgid "DDT" msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:6284 -msgid "Müller, Paul Hermann" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6892 +msgid "insecticide, environmental consequences of" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6279 +#: freeculture.xml:6895 msgid "" "In 1873, the chemical DDT was first synthesized. In 1948, Swiss chemist Paul " "Hermann Müller won the Nobel Prize for his work demonstrating the " "insecticidal properties of DDT. By the 1950s, the insecticide was widely " "used around the world to kill disease-carrying pests. It was also used to " -"increase farm production. <placeholder type=\"indexterm\" id=\"0\"/>" +"increase farm production." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6287 +#: freeculture.xml:6902 msgid "" "No one doubts that killing disease-carrying pests or increasing crop " "production is a good thing. No one doubts that the work of Müller was " "important and valuable and probably saved lives, possibly millions." msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:6291 freeculture.xml:6297 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6906 msgid "Carson, Rachel" msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:6298 -msgid "Silent Sprint (Carson)" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6907 +msgid "Silent Spring (Carson)" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6908 +msgid "environmentalism" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6293 +#: freeculture.xml:6910 msgid "" "But in 1962, Rachel Carson published <citetitle>Silent Spring</citetitle>, " "which argued that DDT, whatever its primary benefits, was also having " "unintended environmental consequences. Birds were losing the ability to " -"reproduce. Whole chains of the ecology were being destroyed. <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"reproduce. Whole chains of the ecology were being destroyed." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6301 +#: freeculture.xml:6916 msgid "" "No one set out to destroy the environment. Paul Müller certainly did not aim " "to harm any birds. But the effort to solve one set of problems produced " @@ -8288,36 +9946,46 @@ msgid "" "solve." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6925 +msgid "Boyle, James" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6926 +msgid "innovative freedom balanced with fair compensation in" +msgstr "" + #. f7 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6314 +#: freeculture.xml:6932 msgid "" -"See, for example, James Boyle, \"A Politics of Intellectual Property: " -"Environmentalism for the Net?\" <citetitle>Duke Law Journal</citetitle> 47 " -"(1997): 87." +"See, for example, James Boyle, <quote>A Politics of Intellectual Property: " +"Environmentalism for the Net?</quote> <citetitle>Duke Law " +"Journal</citetitle> 47 (1997): 87." msgstr "" #. PAGE BREAK 141 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6310 +#: freeculture.xml:6928 msgid "" "It is to this image precisely that Duke University law professor James Boyle " -"appeals when he argues that we need an \"environmentalism\" for " +"appeals when he argues that we need an <quote>environmentalism</quote> for " "culture.<placeholder type=\"footnote\" id=\"0\"/> His point, and the point I " "want to develop in the balance of this chapter, is not that the aims of " "copyright are flawed. Or that authors should not be paid for their work. Or " -"that music should be given away \"for free.\" The point is that some of the " -"ways in which we might protect authors will have unintended consequences for " -"the cultural environment, much like DDT had for the natural environment. And " -"just as criticism of DDT is not an endorsement of malaria or an attack on " -"farmers, so, too, is criticism of one particular set of regulations " -"protecting copyright not an endorsement of anarchy or an attack on authors. " -"It is an environment of creativity that we seek, and we should be aware of " -"our actions' effects on the environment." +"that music should be given away <quote>for free.</quote> The point is that " +"some of the ways in which we might protect authors will have unintended " +"consequences for the cultural environment, much like DDT had for the natural " +"environment. And just as criticism of DDT is not an endorsement of malaria " +"or an attack on farmers, so, too, is criticism of one particular set of " +"regulations protecting copyright not an endorsement of anarchy or an attack " +"on authors. It is an environment of creativity that we seek, and we should " +"be aware of our actions' effects on the environment." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6331 +#: freeculture.xml:6950 msgid "" "My argument, in the balance of this chapter, tries to map exactly this " "effect. No doubt the technology of the Internet has had a dramatic effect on " @@ -8331,51 +9999,91 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6342 +#: freeculture.xml:6962 msgid "" "In a line: To kill a gnat, we are spraying DDT with consequences for free " "culture that will be far more devastating than that this gnat will be lost." msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:6349 +#: freeculture.xml:6971 msgid "Beginnings" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6972 +msgid "on creative property" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:6973 freeculture.xml:11464 +msgid "copyright purpose established in" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:6974 freeculture.xml:11173 +msgid "Progress Clause of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:6975 freeculture.xml:11465 +msgid "constitutional purpose of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6977 +msgid "constitutional tradition on" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6978 freeculture.xml:11174 +msgid "Progress Clause" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6351 +#: freeculture.xml:6981 msgid "" "America copied English copyright law. Actually, we copied and improved " -"English copyright law. Our Constitution makes the purpose of \"creative " -"property\" rights clear; its express limitations reinforce the English aim " -"to avoid overly powerful publishers." +"English copyright law. Our Constitution makes the purpose of <quote>creative " +"property</quote> rights clear; its express limitations reinforce the English " +"aim to avoid overly powerful publishers." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:6986 +msgid "in constitutional Progress Clause" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6357 +#: freeculture.xml:6988 msgid "" -"The power to establish \"creative property\" rights is granted to Congress " -"in a way that, for our Constitution, at least, is very odd. Article I, " -"section 8, clause 8 of our Constitution states that:" +"The power to establish <quote>creative property</quote> rights is granted to " +"Congress in a way that, for our Constitution, at least, is very odd. Article " +"I, section 8, clause 8 of our Constitution states that:" msgstr "" #. PAGE BREAK 142 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6362 +#: freeculture.xml:6993 msgid "" "Congress has the power to promote the Progress of Science and useful Arts, " "by securing for limited Times to Authors and Inventors the exclusive Right " "to their respective Writings and Discoveries. We can call this the " -"\"Progress Clause,\" for notice what this clause does not say. It does not " -"say Congress has the power to grant \"creative property rights.\" It says " -"that Congress has the power <emphasis>to promote progress</emphasis>. The " -"grant of power is its purpose, and its purpose is a public one, not the " -"purpose of enriching publishers, nor even primarily the purpose of rewarding " -"authors." +"<quote>Progress Clause,</quote> for notice what this clause does not say. It " +"does not say Congress has the power to grant <quote>creative property " +"rights.</quote> It says that Congress has the power <emphasis>to promote " +"progress</emphasis>. The grant of power is its purpose, and its purpose is a " +"public one, not the purpose of enriching publishers, nor even primarily the " +"purpose of rewarding authors." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7007 +msgid "history of American" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6375 +#: freeculture.xml:7009 msgid "" "The Progress Clause expressly limits the term of copyrights. As we saw in " "chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"founders\"/>, the " @@ -8383,12 +10091,27 @@ msgid "" "exercise disproportionate control over culture by exercising " "disproportionate control over publishing. We can assume the framers followed " "the English for a similar purpose. Indeed, unlike the English, the framers " -"reinforced that objective, by requiring that copyrights extend \"to " -"Authors\" only." +"reinforced that objective, by requiring that copyrights extend <quote>to " +"Authors</quote> only." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7018 +msgid "Senate, U.S." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7019 +msgid "structural checks and balances of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7020 +msgid "electoral college" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6385 +#: freeculture.xml:7022 msgid "" "The design of the Progress Clause reflects something about the " "Constitution's design in general. To avoid a problem, the framers built " @@ -8405,18 +10128,18 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6400 +#: freeculture.xml:7039 msgid "" -"I doubt the framers would recognize the regulation we call \"copyright\" " -"today. The scope of that regulation is far beyond anything they ever " -"considered. To begin to understand what they did, we need to put our " -"\"copyright\" in context: We need to see how it has changed in the 210 years " -"since they first struck its design." +"I doubt the framers would recognize the regulation we call " +"<quote>copyright</quote> today. The scope of that regulation is far beyond " +"anything they ever considered. To begin to understand what they did, we need " +"to put our <quote>copyright</quote> in context: We need to see how it has " +"changed in the 210 years since they first struck its design." msgstr "" #. PAGE BREAK 143 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6407 +#: freeculture.xml:7050 msgid "" "Some of these changes come from the law: some in light of changes in " "technology, and some in light of changes in technology given a particular " @@ -8424,49 +10147,61 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6418 +#: freeculture.xml:7061 msgid "We will end here:" msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:6421 -msgid ""Copyright" today." -msgstr "" - #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:6422 -msgid "<graphic fileref=\"images/1442.png\"></graphic>" +#: freeculture.xml:7065 +msgid "" +"<graphic fileref=\"images/1442.svg\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" #. PAGE BREAK 144 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6425 +#: freeculture.xml:7068 msgid "Let me explain how." msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:6430 +#: freeculture.xml:7073 msgid "Law: Duration" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7076 freeculture.xml:7368 +msgid "Copyright Act (1790)" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7077 +msgid "common law protections of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7078 +msgid "balance of U.S. content in" +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:6446 +#: freeculture.xml:7094 msgid "Crosskey, William W." msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6440 +#: freeculture.xml:7088 msgid "" "William W. Crosskey, <citetitle>Politics and the Constitution in the History " "of the United States</citetitle> (London: Cambridge University Press, 1953), " -"vol. 1, 485–86: \"extinguish[ing], by plain implication of `the " +"vol. 1, 485–86: <quote>extinguish[ing], by plain implication of `the " "supreme Law of the Land,' <emphasis>the perpetual rights which authors had, " -"or were supposed by some to have, under the Common Law</emphasis>\" " +"or were supposed by some to have, under the Common Law</emphasis></quote> " "(emphasis added). <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6432 +#: freeculture.xml:7080 msgid "" "When the first Congress enacted laws to protect creative property, it faced " "the same uncertainty about the status of creative property that the English " @@ -8481,8 +10216,13 @@ msgid "" "to reprint and distribute works." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7104 +msgid "federal vs. state" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6456 +#: freeculture.xml:7106 msgid "" "That uncertainty ended after Congress passed legislation granting " "copyrights. Because federal law overrides any contrary state law, federal " @@ -8493,7 +10233,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6464 +#: freeculture.xml:7115 msgid "" "In 1790, Congress enacted the first copyright law. It created a federal " "copyright and secured that copyright for fourteen years. If the author was " @@ -8504,7 +10244,7 @@ msgstr "" #. f9 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6479 +#: freeculture.xml:7131 msgid "" "Although 13,000 titles were published in the United States from 1790 to " "1799, only 556 copyright registrations were filed; John Tebbel, <citetitle>A " @@ -8523,7 +10263,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6471 +#: freeculture.xml:7123 msgid "" "While there were many works created in the United States in the first ten " "years of the Republic, only 5 percent of the works were actually registered " @@ -8536,7 +10276,7 @@ msgstr "" #. PAGE BREAK 145 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6495 +#: freeculture.xml:7149 msgid "" "This system of renewal was a crucial part of the American system of " "copyright. It assured that the maximum terms of copyright would be granted " @@ -8547,21 +10287,21 @@ msgstr "" #. f10 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6510 +#: freeculture.xml:7164 msgid "" "Few copyright holders ever chose to renew their copyrights. For instance, of " "the 25,006 copyrights registered in 1883, only 894 were renewed in 1910. For " "a year-by-year analysis of copyright renewal rates, see Barbara A. Ringer, " -"\"Study No. 31: Renewal of Copyright,\" <citetitle>Studies on " +"<quote>Study No. 31: Renewal of Copyright,</quote> <citetitle>Studies on " "Copyright</citetitle>, vol. 1 (New York: Practicing Law Institute, 1963), " "618. For a more recent and comprehensive analysis, see William M. Landes and " -"Richard A. Posner, \"Indefinitely Renewable Copyright,\" " +"Richard A. Posner, <quote>Indefinitely Renewable Copyright,</quote> " "<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, " "498–501, and accompanying figures." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6504 +#: freeculture.xml:7158 msgid "" "Fourteen years may not seem long to us, but for the vast majority of " "copyright owners at that time, it was long enough: Only a small minority of " @@ -8572,12 +10312,12 @@ msgstr "" #. f11 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6525 +#: freeculture.xml:7182 msgid "See Ringer, ch. 9, n. 2." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6521 +#: freeculture.xml:7178 msgid "" "Even today, this structure would make sense. Most creative work has an " "actual commercial life of just a couple of years. Most books fall out of " @@ -8589,8 +10329,18 @@ msgid "" "publication—is effectively free." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:7190 freeculture.xml:11111 +msgid "copyright terms extended by" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:7191 freeculture.xml:11113 +msgid "term extensions in" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6533 +#: freeculture.xml:7193 msgid "" "In the first hundred years of the Republic, the term of copyright was " "changed once. In 1831, the term was increased from a maximum of 28 years to " @@ -8600,8 +10350,18 @@ msgid "" "setting a maximum term of 56 years." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:7200 freeculture.xml:7235 freeculture.xml:11137 freeculture.xml:15418 +msgid "Sonny Bono Copyright Term Extension Act (CTEA) (1998)" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:7201 freeculture.xml:11117 +msgid "future patents vs. future copyrights in" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6541 +#: freeculture.xml:7203 msgid "" "Then, beginning in 1962, Congress started a practice that has defined " "copyright law since. Eleven times in the last forty years, Congress has " @@ -8613,9 +10373,19 @@ msgid "" "of existing and future copyrights by twenty years." msgstr "" +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:7212 freeculture.xml:11116 freeculture.xml:11117 freeculture.xml:13205 freeculture.xml:13686 +msgid "patents" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:7212 freeculture.xml:11116 +msgid "in public domain" +msgstr "" + #. PAGE BREAK 146 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6551 +#: freeculture.xml:7214 msgid "" "The effect of these extensions is simply to toll, or delay, the passing of " "works into the public domain. This latest extension means that the public " @@ -8627,7 +10397,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6562 +#: freeculture.xml:7226 msgid "" "The effect of these extensions has been exacerbated by another, " "little-noticed change in the copyright law. Remember I said that the framers " @@ -8638,41 +10408,56 @@ msgid "" "be those that had some continuing commercial value." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7236 +msgid "of natural authors vs. corporations" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:7237 freeculture.xml:13359 +msgid "corporations" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7237 +msgid "copyright terms for" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6572 +#: freeculture.xml:7239 msgid "" "The United States abandoned this sensible system in 1976. For all works " "created after 1978, there was only one copyright term—the maximum " -"term. For \"natural\" authors, that term was life plus fifty years. For " -"corporations, the term was seventy-five years. Then, in 1992, Congress " -"abandoned the renewal requirement for all works created before 1978. All " -"works still under copyright would be accorded the maximum term then " -"available. After the Sonny Bono Act, that term was ninety-five years." +"term. For <quote>natural</quote> authors, that term was life plus fifty " +"years. For corporations, the term was seventy-five years. Then, in 1992, " +"Congress abandoned the renewal requirement for all works created before " +"1978. All works still under copyright would be accorded the maximum term " +"then available. After the Sonny Bono Act, that term was ninety-five years." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6582 +#: freeculture.xml:7249 msgid "" "This change meant that American law no longer had an automatic way to assure " "that works that were no longer exploited passed into the public domain. And " "indeed, after these changes, it is unclear whether it is even possible to " "put works into the public domain. The public domain is orphaned by these " -"changes in copyright law. Despite the requirement that terms be \"limited,\" " -"we have no evidence that anything will limit them." +"changes in copyright law. Despite the requirement that terms be " +"<quote>limited,</quote> we have no evidence that anything will limit them." msgstr "" #. f12 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6599 +#: freeculture.xml:7268 msgid "" "These statistics are understated. Between the years 1910 and 1962 (the first " "year the renewal term was extended), the average term was never more than " "thirty-two years, and averaged thirty years. See Landes and Posner, " -"\"Indefinitely Renewable Copyright,\" loc. cit." +"<quote>Indefinitely Renewable Copyright,</quote> loc. cit." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6591 +#: freeculture.xml:7260 msgid "" "The effect of these changes on the average duration of copyright is " "dramatic. In 1973, more than 85 percent of copyright owners failed to renew " @@ -8684,55 +10469,80 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:6608 +#: freeculture.xml:7282 msgid "Law: Scope" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7283 freeculture.xml:7502 +msgid "scope of" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6610 +#: freeculture.xml:7285 msgid "" -"The \"scope\" of a copyright is the range of rights granted by the law. The " -"scope of American copyright has changed dramatically. Those changes are not " -"necessarily bad. But we should understand the extent of the changes if we're " -"to keep this debate in context." +"The <quote>scope</quote> of a copyright is the range of rights granted by " +"the law. The scope of American copyright has changed dramatically. Those " +"changes are not necessarily bad. But we should understand the extent of the " +"changes if we're to keep this debate in context." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7291 +msgid "historical shift in copyright coverage of" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6616 +#: freeculture.xml:7293 msgid "" -"In 1790, that scope was very narrow. Copyright covered only \"maps, charts, " -"and books.\" That means it didn't cover, for example, music or " +"In 1790, that scope was very narrow. Copyright covered only <quote>maps, " +"charts, and books.</quote> That means it didn't cover, for example, music or " "architecture. More significantly, the right granted by a copyright gave the " -"author the exclusive right to \"publish\" copyrighted works. That means " -"someone else violated the copyright only if he republished the work without " -"the copyright owner's permission. Finally, the right granted by a copyright " -"was an exclusive right to that particular book. The right did not extend to " -"what lawyers call \"derivative works.\" It would not, therefore, interfere " -"with the right of someone other than the author to translate a copyrighted " -"book, or to adapt the story to a different form (such as a drama based on a " -"published book)." +"author the exclusive right to <quote>publish</quote> copyrighted works. That " +"means someone else violated the copyright only if he republished the work " +"without the copyright owner's permission. Finally, the right granted by a " +"copyright was an exclusive right to that particular book. The right did not " +"extend to what lawyers call <quote>derivative works.</quote> It would not, " +"therefore, interfere with the right of someone other than the author to " +"translate a copyrighted book, or to adapt the story to a different form " +"(such as a drama based on a published book)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6629 +#: freeculture.xml:7306 msgid "" "This, too, has changed dramatically. While the contours of copyright today " "are extremely hard to describe simply, in general terms, the right covers " "practically any creative work that is reduced to a tangible form. It covers " "music as well as architecture, drama as well as computer programs. It gives " "the copyright owner of that creative work not only the exclusive right to " -"\"publish\" the work, but also the exclusive right of control over any " -"\"copies\" of that work. And most significant for our purposes here, the " -"right gives the copyright owner control over not only his or her particular " -"work, but also any \"derivative work\" that might grow out of the original " -"work. In this way, the right covers more creative work, protects the " -"creative work more broadly, and protects works that are based in a " -"significant way on the initial creative work." +"<quote>publish</quote> the work, but also the exclusive right of control " +"over any <quote>copies</quote> of that work. And most significant for our " +"purposes here, the right gives the copyright owner control over not only his " +"or her particular work, but also any <quote>derivative work</quote> that " +"might grow out of the original work. In this way, the right covers more " +"creative work, protects the creative work more broadly, and protects works " +"that are based in a significant way on the initial creative work." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7320 +msgid "marking of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7321 +msgid "formalities" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7322 +msgid "registration requirement of" msgstr "" #. PAGE BREAK 148 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6644 +#: freeculture.xml:7324 msgid "" "At the same time that the scope of copyright has expanded, procedural " "limitations on the right have been relaxed. I've already described the " @@ -8747,7 +10557,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6658 +#: freeculture.xml:7339 msgid "" "The reason for the registration requirement was the sensible understanding " "that for most works, no copyright was required. Again, in the first ten " @@ -8762,34 +10572,40 @@ msgid "" "author." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7352 +msgid "European" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6672 +#: freeculture.xml:7354 msgid "" -"All of these \"formalities\" were abolished in the American system when we " -"decided to follow European copyright law. There is no requirement that you " -"register a work to get a copyright; the copyright now is automatic; the " -"copyright exists whether or not you mark your work with a ©; and the " -"copyright exists whether or not you actually make a copy available for " -"others to copy." +"All of these <quote>formalities</quote> were abolished in the American " +"system when we decided to follow European copyright law. There is no " +"requirement that you register a work to get a copyright; the copyright now " +"is automatic; the copyright exists whether or not you mark your work with a " +"©; and the copyright exists whether or not you actually make a copy " +"available for others to copy." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6680 +#: freeculture.xml:7365 msgid "Consider a practical example to understand the scope of these differences." msgstr "" #. f13 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6691 +#: freeculture.xml:7377 msgid "" -"See Thomas Bender and David Sampliner, \"Poets, Pirates, and the Creation of " -"American Literature,\" 29 <citetitle>New York University Journal of " -"International Law and Politics</citetitle> 255 (1997), and James Gilraeth, " -"ed., Federal Copyright Records, 1790–1800 (U.S. G.P.O., 1987)." +"See Thomas Bender and David Sampliner, <quote>Poets, Pirates, and the " +"Creation of American Literature,</quote> 29 <citetitle>New York University " +"Journal of International Law and Politics</citetitle> 255 (1997), and James " +"Gilraeth, ed., Federal Copyright Records, 1790–1800 (U.S. G.P.O., " +"1987)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6684 +#: freeculture.xml:7370 msgid "" "If, in 1790, you wrote a book and you were one of the 5 percent who actually " "copyrighted that book, then the copyright law protected you against another " @@ -8803,7 +10619,7 @@ msgstr "" #. PAGE BREAK 149 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6703 +#: freeculture.xml:7392 msgid "" "The act left other creators totally unregulated. If I copied your poem by " "hand, over and over again, as a way to learn it by heart, my act was totally " @@ -8814,7 +10630,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6712 +#: freeculture.xml:7402 msgid "" "Today the story is very different: If you write a book, your book is " "automatically protected. Indeed, not just your book. Every e-mail, every " @@ -8825,7 +10641,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6721 +#: freeculture.xml:7411 msgid "" "That protection gives you the right (subject to a narrow range of fair use " "exceptions) to control how others copy the work, whether they copy it to " @@ -8833,22 +10649,22 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6726 +#: freeculture.xml:7416 msgid "" "That much is the obvious part. Any system of copyright would control " "competing publishing. But there's a second part to the copyright of today " -"that is not at all obvious. This is the protection of \"derivative rights.\" " -"If you write a book, no one can make a movie out of your book without " -"permission. No one can translate it without permission. CliffsNotes can't " -"make an abridgment unless permission is granted. All of these derivative " -"uses of your original work are controlled by the copyright holder. The " -"copyright, in other words, is now not just an exclusive right to your " -"writings, but an exclusive right to your writings and a large proportion of " -"the writings inspired by them." +"that is not at all obvious. This is the protection of <quote>derivative " +"rights.</quote> If you write a book, no one can make a movie out of your " +"book without permission. No one can translate it without permission. " +"CliffsNotes can't make an abridgment unless permission is granted. All of " +"these derivative uses of your original work are controlled by the copyright " +"holder. The copyright, in other words, is now not just an exclusive right to " +"your writings, but an exclusive right to your writings and a large " +"proportion of the writings inspired by them." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6740 +#: freeculture.xml:7431 msgid "" "It is this derivative right that would seem most bizarre to our framers, " "though it has become second nature to us. Initially, this expansion was " @@ -8860,16 +10676,16 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6762 +#: freeculture.xml:7453 msgid "" -"Jonathan Zittrain, \"The Copyright Cage,\" <citetitle>Legal " +"Jonathan Zittrain, <quote>The Copyright Cage,</quote> <citetitle>Legal " "Affairs</citetitle>, July/August 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #26</ulink>. <placeholder " "type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6752 +#: freeculture.xml:7443 msgid "" "In preventing that joke, the law created an astonishing power within a free " "culture—at least, it's astonishing when you understand that the law " @@ -8883,20 +10699,25 @@ msgid "" "involved is fundamentally different from the wrong of direct piracy." msgstr "" -#. f15 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:7475 +msgid "Rubenfeld, Jeb" +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6777 +#: freeculture.xml:7468 msgid "" "Professor Rubenfeld has presented a powerful constitutional argument about " "the difference that copyright law should draw (from the perspective of the " -"First Amendment) between mere \"copies\" and derivative works. See Jed " -"Rubenfeld, \"The Freedom of Imagination: Copyright's Constitutionality,\" " -"<citetitle>Yale Law Journal</citetitle> 112 (2002): 1–60 (see " -"especially pp. 53–59)." +"First Amendment) between mere <quote>copies</quote> and derivative " +"works. See Jed Rubenfeld, <quote>The Freedom of Imagination: Copyright's " +"Constitutionality,</quote> <citetitle>Yale Law Journal</citetitle> 112 " +"(2002): 1–60 (see especially pp. 53–59). <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6772 +#: freeculture.xml:7463 msgid "" "Yet copyright law treats these two different wrongs in the same way. I can " "go to court and get an injunction against your pirating my book. I can go to " @@ -8906,17 +10727,17 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6788 +#: freeculture.xml:7483 msgid "" "This again may seem right to you. If I wrote a book, then why should you be " "able to write a movie that takes my story and makes money from it without " -"paying me or crediting me? Or if Disney creates a creature called \"Mickey " -"Mouse,\" why should you be able to make Mickey Mouse toys and be the one to " -"trade on the value that Disney originally created?" +"paying me or crediting me? Or if Disney creates a creature called " +"<quote>Mickey Mouse,</quote> why should you be able to make Mickey Mouse " +"toys and be the one to trade on the value that Disney originally created?" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6797 +#: freeculture.xml:7491 msgid "" "These are good arguments, and, in general, my point is not that the " "derivative right is unjustified. My aim just now is much narrower: simply to " @@ -8925,26 +10746,32 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:6805 +#: freeculture.xml:7500 msgid "Law and Architecture: Reach" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7501 freeculture.xml:7563 freeculture.xml:7775 +msgid "copies as core issue of" +msgstr "" + #. f16 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6812 +#: freeculture.xml:7509 msgid "" "This is a simplification of the law, but not much of one. The law certainly " -"regulates more than \"copies\"—a public performance of a copyrighted " -"song, for example, is regulated even though performance per se doesn't make " -"a copy; 17 <citetitle>United States Code</citetitle>, section 106(4). And it " -"certainly sometimes doesn't regulate a \"copy\"; 17 <citetitle>United States " -"Code</citetitle>, section 112(a). But the presumption under the existing law " -"(which regulates \"copies;\" 17 <citetitle>United States Code</citetitle>, " -"section 102) is that if there is a copy, there is a right." +"regulates more than <quote>copies</quote>—a public performance of a " +"copyrighted song, for example, is regulated even though performance per se " +"doesn't make a copy; 17 <citetitle>United States Code</citetitle>, section " +"106(4). And it certainly sometimes doesn't regulate a <quote>copy</quote>; " +"17 <citetitle>United States Code</citetitle>, section 112(a). But the " +"presumption under the existing law (which regulates <quote>copies;</quote> " +"17 <citetitle>United States Code</citetitle>, section 102) is that if there " +"is a copy, there is a right." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6807 +#: freeculture.xml:7504 msgid "" "Whereas originally the law regulated only publishers, the change in " "copyright's scope means that the law today regulates publishers, users, and " @@ -8953,14 +10780,19 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7520 +msgid "other property rights vs." +msgstr "" + #. PAGE BREAK 151 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6824 +#: freeculture.xml:7523 msgid "" -"\"Copies.\" That certainly sounds like the obvious thing for " +"<quote>Copies.</quote> That certainly sounds like the obvious thing for " "<emphasis>copy</emphasis>right law to regulate. But as with Jack Valenti's " -"argument at the start of this chapter, that \"creative property\" deserves " -"the \"same rights\" as all other property, it is the " +"argument at the start of this chapter, that <quote>creative property</quote> " +"deserves the <quote>same rights</quote> as all other property, it is the " "<emphasis>obvious</emphasis> that we need to be most careful about. For " "while it may be obvious that in the world before the Internet, copies were " "the obvious trigger for copyright law, upon reflection, it should be obvious " @@ -8971,7 +10803,7 @@ msgstr "" #. f17 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6842 +#: freeculture.xml:7542 msgid "" "Thus, my argument is not that in each place that copyright law extends, we " "should repeal it. It is instead that we should have a good argument for its " @@ -8980,7 +10812,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6837 +#: freeculture.xml:7537 msgid "" "This is perhaps the central claim of this book, so let me take this very " "slowly so that the point is not easily missed. My claim is that the Internet " @@ -8992,25 +10824,37 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6853 +#: freeculture.xml:7555 msgid "" "We can see this point abstractly by beginning with this largely empty " "circle." msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:6857 -msgid "All potential uses of a book." +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7560 +msgid "" +"<graphic fileref=\"images/1521.svg\" align=\"center\" " +"width=\"40%\"></graphic>" msgstr "" -#. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:6858 -msgid "<graphic fileref=\"images/1521.png\"></graphic>" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7562 +msgid "three types of uses of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7564 +msgid "copyright applicability altered by technology of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7565 +msgid "copyright intent altered by" msgstr "" #. PAGE BREAK 152 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6862 +#: freeculture.xml:7570 msgid "" "Think about a book in real space, and imagine this circle to represent all " "its potential <emphasis>uses</emphasis>. Most of these uses are unregulated " @@ -9024,48 +10868,40 @@ msgid "" "law, because those acts do not make a copy." msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:6875 -msgid "Examples of unregulated uses of a book." -msgstr "" - #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:6876 -msgid "<graphic fileref=\"images/1531.png\"></graphic>" +#: freeculture.xml:7584 +msgid "" +"<graphic fileref=\"images/1531.png\" align=\"center\" " +"width=\"40%\"></graphic>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6879 +#: freeculture.xml:7587 msgid "" "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 <xref xrefstyle=\"template:%n\" linkend=\"fig-1541\"/>)." msgstr "" -#. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6887 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7598 msgid "" -"Finally, there is a tiny sliver of otherwise regulated copying uses that " -"remain unregulated because the law considers these \"fair uses.\"" +"<graphic fileref=\"images/1541.svg\" align=\"center\" " +"width=\"40%\"></graphic>" msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:6892 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7603 msgid "" -"Republishing stands at the core of this circle of possible uses of a " -"copyrighted work." -msgstr "" - -#. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:6893 -msgid "<graphic fileref=\"images/1541.png\"></graphic>" +"Finally, there is a tiny sliver of otherwise regulated copying uses that " +"remain unregulated because the law considers these <quote>fair uses.</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6896 +#: freeculture.xml:7610 msgid "" "These are uses that themselves involve copying, but which the law treats as " "unregulated because public policy demands that they remain unregulated. You " @@ -9073,54 +10909,50 @@ msgid "" "without my permission, even though that quoting makes a copy. That copy " "would ordinarily give the copyright owner the exclusive right to say whether " "the copy is allowed or not, but the law denies the owner any exclusive right " -"over such \"fair uses\" for public policy (and possibly First Amendment) " -"reasons." -msgstr "" - -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:6907 -msgid "Unregulated copying considered "fair uses."" +"over such <quote>fair uses</quote> for public policy (and possibly First " +"Amendment) reasons." msgstr "" #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:6908 -msgid "<graphic fileref=\"images/1542.png\"></graphic>" -msgstr "" - -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:6912 +#: freeculture.xml:7621 msgid "" -"Uses that before were presumptively unregulated are now presumptively " -"regulated." -msgstr "" - -#. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:6913 -msgid "<graphic fileref=\"images/1551.png\"></graphic>" +"<graphic fileref=\"images/1542.svg\" align=\"center\" " +"width=\"40%\"></graphic>" msgstr "" #. PAGE BREAK 154 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6917 +#: freeculture.xml:7626 msgid "" "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." +"are nonetheless deemed <quote>fair</quote> regardless of the copyright " +"owner's views." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7631 freeculture.xml:7919 freeculture.xml:10187 +msgid "on Internet" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7633 freeculture.xml:7714 +msgid "Internet burdens on" msgstr "" #. f18 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:6925 +#: freeculture.xml:7638 msgid "" -"I don't mean \"nature\" in the sense that it couldn't be different, but " -"rather that its present instantiation entails a copy. Optical networks need " -"not make copies of content they transmit, and a digital network could be " -"designed to delete anything it copies so that the same number of copies " -"remain." +"I don't mean <quote>nature</quote> in the sense that it couldn't be " +"different, but rather that its present instantiation entails a copy. Optical " +"networks need not make copies of content they transmit, and a digital " +"network could be designed to delete anything it copies so that the same " +"number of copies remain." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6922 +#: freeculture.xml:7635 msgid "" "Enter the Internet—a distributed, digital network where every use of a " "copyrighted work produces a copy.<placeholder type=\"footnote\" id=\"0\"/> " @@ -9137,7 +10969,7 @@ msgstr "" #. PAGE BREAK 155 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6946 +#: freeculture.xml:7658 msgid "" "So let's be very specific to make this general point clear. Before the " "Internet, if you purchased a book and read it ten times, there would be no " @@ -9149,8 +10981,18 @@ msgid "" "those uses produced a copy." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7669 +msgid "e-books" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7670 +msgid "technological developments and" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6959 +#: freeculture.xml:7672 msgid "" "But the same book as an e-book is effectively governed by a different set of " "rules. Now if the copyright owner says you may read the book only once or " @@ -9163,8 +11005,15 @@ msgid "" "the copyright owner's wish." msgstr "" +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7685 +msgid "" +"<graphic fileref=\"images/1551.svg\" align=\"center\" " +"width=\"40%\"></graphic>" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6971 +#: freeculture.xml:7688 msgid "" "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 is only to make " @@ -9173,7 +11022,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6977 +#: freeculture.xml:7694 msgid "" "First, making category 1 disappear is not anything any policy maker ever " "intended. Congress did not think through the collapse of the presumptively " @@ -9184,36 +11033,41 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6985 +#: freeculture.xml:7703 msgid "" "Second, this shift is especially troubling in the context of transformative " "uses of creative content. Again, we can all understand the wrong in " "commercial piracy. But the law now purports to regulate " "<emphasis>any</emphasis> transformation you make of creative work using a " -"machine. \"Copy and paste\" and \"cut and paste\" become crimes. Tinkering " -"with a story and releasing it to others exposes the tinkerer to at least a " -"requirement of justification. However troubling the expansion with respect " -"to copying a particular work, it is extraordinarily troubling with respect " -"to transformative uses of creative work." +"machine. <quote>Copy and paste</quote> and <quote>cut and paste</quote> " +"become crimes. Tinkering with a story and releasing it to others exposes the " +"tinkerer to at least a requirement of justification. However troubling the " +"expansion with respect to copying a particular work, it is extraordinarily " +"troubling with respect to transformative uses of creative work." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7716 +msgid "fair use vs." msgstr "" #. PAGE BREAK 156 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:6997 +#: freeculture.xml:7718 msgid "" "Third, this shift from category 1 to category 2 puts an extraordinary burden " -"on category 3 (\"fair use\") that fair use never before had to bear. If a " -"copyright owner now tried to control how many times I could read a book " -"on-line, the natural response would be to argue that this is a violation of " -"my fair use rights. But there has never been any litigation about whether I " -"have a fair use right to read, because before the Internet, reading did not " -"trigger the application of copyright law and hence the need for a fair use " -"defense. The right to read was effectively protected before because reading " -"was not regulated." +"on category 3 (<quote>fair use</quote>) that fair use never before had to " +"bear. If a copyright owner now tried to control how many times I could read " +"a book on-line, the natural response would be to argue that this is a " +"violation of my fair use rights. But there has never been any litigation " +"about whether I have a fair use right to read, because before the Internet, " +"reading did not trigger the application of copyright law and hence the need " +"for a fair use defense. The right to read was effectively protected before " +"because reading was not regulated." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7012 +#: freeculture.xml:7737 msgid "" "This point about fair use is totally ignored, even by advocates for free " "culture. We have been cornered into arguing that our rights depend upon fair " @@ -9224,30 +11078,51 @@ msgid "" "fair use are not enough." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7753 +msgid "Video Pipeline" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:7755 freeculture.xml:15315 +msgid "film industry" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7755 +msgid "trailer advertisements of" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7022 +#: freeculture.xml:7757 msgid "" "The case of Video Pipeline is a good example. Video Pipeline was in the " -"business of making \"trailer\" advertisements for movies available 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." +"business of making <quote>trailer</quote> advertisements for movies " +"available 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." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:7763 freeculture.xml:7838 freeculture.xml:14061 +msgid "browsing" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7029 +#: freeculture.xml:7765 msgid "" "The company did this for about fifteen years. Then, in 1997, it began to " "think about the Internet as another way to distribute these previews. The " -"idea was to expand their \"selling by sampling\" technique by giving on-line " -"stores the same ability to enable \"browsing.\" Just as in a bookstore you " -"can read a few pages of a book before you buy the book, so, too, you would " -"be able to sample a bit from the movie on-line before you bought it." +"idea was to expand their <quote>selling by sampling</quote> technique by " +"giving on-line stores the same ability to enable <quote>browsing.</quote> " +"Just as in a bookstore you can read a few pages of a book before you buy the " +"book, so, too, you would be able to sample a bit from the movie on-line " +"before you bought it." msgstr "" #. PAGE BREAK 157 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7041 +#: freeculture.xml:7778 msgid "" "In 1998, Video Pipeline informed Disney and other film distributors that it " "intended to distribute the trailers through the Internet (rather than " @@ -9257,26 +11132,36 @@ msgid "" "content as a way to help sell Disney films; he had customers who depended " "upon his delivering this content. Disney would agree to talk only if Video " "Pipeline stopped the distribution immediately. Video Pipeline thought it " -"was within their \"fair use\" rights to distribute the clips as they had. So " -"they filed a lawsuit to ask the court to declare that these rights were in " -"fact their rights." +"was within their <quote>fair use</quote> rights to distribute the clips as " +"they had. So they filed a lawsuit to ask the court to declare that these " +"rights were in fact their rights." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7795 +msgid "willful infringement findings in" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7796 +msgid "willful infringement" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7058 +#: freeculture.xml:7798 msgid "" "Disney countersued—for $100 million in damages. Those damages were " -"predicated upon a claim that Video Pipeline had \"willfully infringed\" on " -"Disney's copyright. When a court makes a finding of willful infringement, it " -"can award damages not on the basis of the actual harm to the copyright " -"owner, but on the basis of an amount set in the statute. Because Video " -"Pipeline had distributed seven hundred clips of Disney movies to enable " -"video stores to sell copies of those movies, Disney was now suing Video " -"Pipeline for $100 million." +"predicated upon a claim that Video Pipeline had <quote>willfully " +"infringed</quote> on Disney's copyright. When a court makes a finding of " +"willful infringement, it can award damages not on the basis of the actual " +"harm to the copyright owner, but on the basis of an amount set in the " +"statute. Because Video Pipeline had distributed seven hundred clips of " +"Disney movies to enable video stores to sell copies of those movies, Disney " +"was now suing Video Pipeline for $100 million." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7070 +#: freeculture.xml:7808 msgid "" "Disney has the right to control its property, of course. But the video " "stores that were selling Disney's films also had some sort of right to be " @@ -9287,25 +11172,35 @@ msgid "" "Disney's permission." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7816 +msgid "first-sale doctrine" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7079 +#: freeculture.xml:7818 msgid "" "Now, you might think this is a close case, and I think the courts would " "consider it a close case. My point here is to map the change that gives " "Disney this power. Before the Internet, Disney couldn't really control how " "people got access to their content. Once a video was in the marketplace, the " -"\"first-sale doctrine\" would free the seller to use the video as he wished, " -"including showing portions of it in order to engender sales of the entire " -"movie video. But with the Internet, it becomes possible for Disney to " -"centralize control over access to this content. Because each use of the " -"Internet produces a copy, use on the Internet becomes subject to the " +"<quote>first-sale doctrine</quote> would free the seller to use the video as " +"he wished, including showing portions of it in order to engender sales of " +"the entire movie video. But with the Internet, it becomes possible for " +"Disney to centralize control over access to this content. Because each use " +"of the Internet produces a copy, use on the Internet becomes subject to the " "copyright owner's control. The technology expands the scope of effective " "control, because the technology builds a copy into every transaction." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7837 +msgid "Barnes & Noble" +msgstr "" + #. PAGE BREAK 158 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7094 +#: freeculture.xml:7842 msgid "" "No doubt, a potential is not yet an abuse, and so the potential for control " "is not yet the abuse of control. Barnes & Noble has the right to say you " @@ -9322,7 +11217,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7109 +#: freeculture.xml:7857 msgid "" "Again, my aim so far is simply to map the changes that this changed " "architecture enables. Enabling technology to enforce the control of " @@ -9333,12 +11228,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:7118 +#: freeculture.xml:7866 msgid "Architecture and Law: Force" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7120 +#: freeculture.xml:7868 msgid "" "The disappearance of unregulated uses would be change enough, but a second " "important change brought about by the Internet magnifies its " @@ -9346,8 +11241,18 @@ msgid "" "regulation; it affects how such regulation is enforced." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7873 +msgid "technology as automatic enforcer of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:7874 +msgid "copyright enforcement controlled by" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7126 +#: freeculture.xml:7876 msgid "" "In the world before digital technology, it was generally the law that " "controlled whether and how someone was regulated by copyright law. The law, " @@ -9357,25 +11262,26 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:7133 +#: freeculture.xml:7883 msgid "Casablanca" msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:7135 freeculture.xml:7314 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7884 freeculture.xml:8056 msgid "Marx Brothers" msgstr "" #. f19 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7149 +#: freeculture.xml:7895 msgid "" -"See David Lange, \"Recognizing the Public Domain,\" <citetitle>Law and " -"Contemporary Problems</citetitle> 44 (1981): 172–73." +"See David Lange, <quote>Recognizing the Public Domain,</quote> " +"<citetitle>Law and Contemporary Problems</citetitle> 44 (1981): " +"172–73." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7141 +#: freeculture.xml:7887 msgid "" "There's a famous story about a battle between the Marx Brothers and Warner " "Brothers. The Marxes intended to make a parody of " @@ -9386,26 +11292,26 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7158 +#: freeculture.xml:7904 msgid "" -"Ibid. See also Vaidhyanathan, <citetitle>Copyrights and " -"Copywrongs</citetitle>, 1–3. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> Ibid. See also Vaidhyanathan, " +"<citetitle>Copyrights and Copywrongs</citetitle>, 1–3." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7154 +#: freeculture.xml:7900 msgid "" "This led the Marx Brothers to respond in kind. They warned Warner Brothers " -"that the Marx Brothers \"were brothers long before you were.\"<placeholder " -"type=\"footnote\" id=\"0\"/> The Marx Brothers therefore owned the word " -"<citetitle>brothers</citetitle>, and if Warner Brothers insisted on trying " -"to control <citetitle>Casablanca</citetitle>, then the Marx Brothers would " -"insist on control over <citetitle>brothers</citetitle>." +"that the Marx Brothers <quote>were brothers long before you " +"were.</quote><placeholder type=\"footnote\" id=\"0\"/> The Marx Brothers " +"therefore owned the word <citetitle>brothers</citetitle>, and if Warner " +"Brothers insisted on trying to control <citetitle>Casablanca</citetitle>, " +"then the Marx Brothers would insist on control over " +"<citetitle>brothers</citetitle>." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7168 +#: freeculture.xml:7914 msgid "" "An absurd and hollow threat, of course, because Warner Brothers, like the " "Marx Brothers, knew that no court would ever enforce such a silly " @@ -9414,7 +11320,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7174 +#: freeculture.xml:7921 msgid "" "On the Internet, however, there is no check on silly rules, because on the " "Internet, increasingly, rules are enforced not by a human but by a machine: " @@ -9426,17 +11332,17 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:7187 +#: freeculture.xml:7933 msgid "Adobe eBook Reader" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7190 +#: freeculture.xml:7935 msgid "Consider the life of my Adobe eBook Reader." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7193 +#: freeculture.xml:7938 msgid "" "An e-book is a book delivered in electronic form. An Adobe eBook is not a " "book that Adobe has published; Adobe simply produces the software that " @@ -9444,14 +11350,24 @@ msgid "" "publisher delivers the content by using the technology." msgstr "" +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7946 +msgid "" +"<graphic fileref=\"images/example-adobe-ebook-reader.png\" align=\"center\" " +"width=\"50%\"></graphic>" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7200 -msgid "On the next page is a picture of an old version of my Adobe eBook Reader." +#: freeculture.xml:7949 +msgid "" +"In figure <xref xrefstyle=\"template:%n\" " +"linkend=\"fig-example-adobe-ebook-reader\"/> is a picture of an old version " +"of my Adobe eBook Reader." msgstr "" #. PAGE BREAK 160 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7204 +#: freeculture.xml:7954 msgid "" "As you can see, I have a small collection of e-books within this e-book " "library. Some of these books reproduce content that is in the public domain: " @@ -9463,36 +11379,23 @@ msgid "" "cover, and then a button at the bottom called Permissions." msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:7217 -msgid "Picture of an old version of Adobe eBook Reader" -msgstr "" - -#. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:7218 -msgid "<graphic fileref=\"images/1611.png\"></graphic>" -msgstr "" - #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7221 +#: freeculture.xml:7967 msgid "" "If you click on the Permissions button, you'll see a list of the permissions " "that the publisher purports to grant with this book." msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:7225 -msgid "List of the permissions that the publisher purports to grant." -msgstr "" - #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:7226 -msgid "<graphic fileref=\"images/1612.png\"></graphic>" +#: freeculture.xml:7972 +msgid "" +"<graphic fileref=\"images/1612.png\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" #. PAGE BREAK 161 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7230 +#: freeculture.xml:7976 msgid "" "According to my eBook Reader, I have the permission to copy to the clipboard " "of the computer ten text selections every ten days. (So far, I've copied no " @@ -9502,76 +11405,76 @@ msgid "" "computer." msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:7240 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7983 msgid "Aristotle" msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:7241 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7984 msgid "<citetitle>Politics</citetitle>, (Aristotle)" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7238 +#: freeculture.xml:7986 msgid "" "Here's the e-book for another work in the public domain (including the " -"translation): Aristotle's <citetitle>Politics</citetitle>. <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" -msgstr "" - -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:7244 -msgid "E-book of Aristotle;s "Politics"" +"translation): Aristotle's <citetitle>Politics</citetitle>." msgstr "" #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:7245 -msgid "<graphic fileref=\"images/1621.png\"></graphic>" +#: freeculture.xml:7991 +msgid "" +"<graphic fileref=\"images/aristotele-ebook.png\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7248 +#: freeculture.xml:7994 msgid "" "According to its permissions, no printing or copying is permitted at " "all. But fortunately, you can use the Read Aloud button to hear the book." msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:7253 -msgid "List of the permissions for Aristotle;s "Politics"." +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:8000 +msgid "" +"<graphic fileref=\"images/1622.png\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" -#. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:7254 -msgid "<graphic fileref=\"images/1622.png\"></graphic>" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8002 freeculture.xml:9858 +msgid "Future of Ideas, The (Lessig)" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:8003 freeculture.xml:9859 freeculture.xml:11175 freeculture.xml:11221 freeculture.xml:13515 +msgid "Lessig, Lawrence" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7257 +#: freeculture.xml:8005 msgid "" "Finally (and most embarrassingly), here are the permissions for the original " "e-book version of my last book, <citetitle>The Future of Ideas</citetitle>:" msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:7263 -msgid "List of the permissions for "The Future of Ideas"." -msgstr "" - #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:7264 -msgid "<graphic fileref=\"images/1631.png\"></graphic>" +#: freeculture.xml:8012 +msgid "" +"<graphic fileref=\"images/1631.png\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7267 +#: freeculture.xml:8015 msgid "No copying, no printing, and don't you dare try to listen to this book!" msgstr "" #. f21 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7277 +#: freeculture.xml:8025 msgid "" "In principle, a contract might impose a requirement on me. I might, for " "example, buy a book from you that includes a contract that says I will read " @@ -9582,50 +11485,51 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7270 +#: freeculture.xml:8018 msgid "" -"Now, the Adobe eBook Reader calls these controls \"permissions\"— as " -"if the publisher has the power to control how you use these works. For " -"works under copyright, the copyright owner certainly does have the " -"power—up to the limits of the copyright law. But for work not under " -"copyright, there is no such copyright power.<placeholder type=\"footnote\" " -"id=\"0\"/> When my e-book of <citetitle>Middlemarch</citetitle> says I have " -"the permission to copy only ten text selections into the memory every ten " -"days, what that really means is that the eBook Reader has enabled the " -"publisher to control how I use the book on my computer, far beyond the " -"control that the law would enable." +"Now, the Adobe eBook Reader calls these controls " +"<quote>permissions</quote>— as if the publisher has the power to " +"control how you use these works. For works under copyright, the copyright " +"owner certainly does have the power—up to the limits of the copyright " +"law. But for work not under copyright, there is no such copyright " +"power.<placeholder type=\"footnote\" id=\"0\"/> When my e-book of " +"<citetitle>Middlemarch</citetitle> says I have the permission to copy only " +"ten text selections into the memory every ten days, what that really means " +"is that the eBook Reader has enabled the publisher to control how I use the " +"book on my computer, far beyond the control that the law would enable." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7292 +#: freeculture.xml:8040 msgid "" "The control comes instead from the code—from the technology within " -"which the e-book \"lives.\" Though the e-book says that these are " -"permissions, they are not the sort of \"permissions\" that most of us deal " -"with. When a teenager gets \"permission\" to stay out till midnight, she " -"knows (unless she's Cinderella) that she can stay out till 2 A.M., but will " -"suffer a punishment if she's caught. But when the Adobe eBook Reader says I " -"have the permission to make ten copies of the text into the computer's " -"memory, that means that after I've made ten copies, the computer will not " -"make any more. The same with the printing restrictions: After ten pages, the " -"eBook Reader will not print any more pages. It's the same with the silly " -"restriction that says that you can't use the Read Aloud button to read my " -"book aloud—it's not that the company will sue you if you do; instead, " -"if you push the Read Aloud button with my book, the machine simply won't " -"read aloud." +"which the e-book <quote>lives.</quote> Though the e-book says that these are " +"permissions, they are not the sort of <quote>permissions</quote> that most " +"of us deal with. When a teenager gets <quote>permission</quote> to stay out " +"till midnight, she knows (unless she's Cinderella) that she can stay out " +"till 2 A.M., but will suffer a punishment if she's caught. But when the " +"Adobe eBook Reader says I have the permission to make ten copies of the text " +"into the computer's memory, that means that after I've made ten copies, the " +"computer will not make any more. The same with the printing restrictions: " +"After ten pages, the eBook Reader will not print any more pages. It's the " +"same with the silly restriction that says that you can't use the Read Aloud " +"button to read my book aloud—it's not that the company will sue you if " +"you do; instead, if you push the Read Aloud button with my book, the machine " +"simply won't read aloud." msgstr "" +#. PAGE BREAK 163 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7310 +#: freeculture.xml:8060 msgid "" "These are <emphasis>controls</emphasis>, not permissions. Imagine a world " "where the Marx Brothers sold word processing software that, when you tried " -"to type \"Warner Brothers,\" erased \"Brothers\" from the sentence. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"to type <quote>Warner Brothers,</quote> erased <quote>Brothers</quote> from " +"the sentence." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7317 +#: freeculture.xml:8066 msgid "" "This is the future of copyright law: not so much copyright " "<emphasis>law</emphasis> as copyright <emphasis>code</emphasis>. The " @@ -9637,7 +11541,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7326 +#: freeculture.xml:8075 msgid "" "How significant is this? Isn't it always possible to get around the controls " "built into the technology? Software used to be sold with technologies that " @@ -9647,49 +11551,50 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7333 +#: freeculture.xml:8082 msgid "" "We've only scratched the surface of this story. Return to the Adobe eBook " "Reader." msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:7343 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8085 msgid "Alice's Adventures in Wonderland (Carroll)" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:8086 +msgid "e-book restrictions on" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7337 +#: freeculture.xml:8088 msgid "" "Early in the life of the Adobe eBook Reader, Adobe suffered a public " "relations nightmare. Among the books that you could download for free on the " "Adobe site was a copy of <citetitle>Alice's Adventures in " "Wonderland</citetitle>. This wonderful book is in the public domain. Yet " -"when you clicked on Permissions for that book, you got the following report: " -"<placeholder type=\"indexterm\" id=\"0\"/>" -msgstr "" - -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:7346 -msgid "List of the permissions for "Alice's Adventures in Wonderland"." +"when you clicked on Permissions for that book, you got the following report:" msgstr "" #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:7348 -msgid "<graphic fileref=\"images/1641.png\"></graphic>" +#: freeculture.xml:8097 +msgid "" +"<graphic fileref=\"images/1641.png\" align=\"center\" " +"width=\"50%\"></graphic>" msgstr "" -#. PAGE BREAK 164 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7352 +#: freeculture.xml:8101 msgid "" "Here was a public domain children's book that you were not allowed to copy, " -"not allowed to lend, not allowed to give, and, as the \"permissions\" " -"indicated, not allowed to \"read aloud\"!" +"not allowed to lend, not allowed to give, and, as the " +"<quote>permissions</quote> indicated, not allowed to <quote>read " +"aloud</quote>!" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7357 +#: freeculture.xml:8106 msgid "" "The public relations nightmare attached to that final permission. For the " "text did not say that you were not permitted to use the Read Aloud button; " @@ -9700,7 +11605,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7365 +#: freeculture.xml:8114 msgid "" "Adobe responded quickly that it was absurd to think that it was trying to " "restrict the right to read a book aloud. Obviously it was only restricting " @@ -9715,7 +11620,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7378 +#: freeculture.xml:8129 msgid "" "The point is not to blame Adobe. Indeed, Adobe is among the most innovative " "companies developing strategies to balance open access to content with " @@ -9725,28 +11630,43 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7387 +#: freeculture.xml:8139 msgid "" "To see the point in a particularly absurd context, consider a favorite story " "of mine that makes the same point." msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:7391 +#: freeculture.xml:8142 freeculture.xml:8286 freeculture.xml:8351 freeculture.xml:8463 msgid "Aibo robotic dog" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8143 freeculture.xml:8287 freeculture.xml:8352 freeculture.xml:8464 +msgid "robotic dog" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8144 freeculture.xml:8288 freeculture.xml:8353 freeculture.xml:8465 +msgid "Sony" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:8144 freeculture.xml:8288 freeculture.xml:8353 freeculture.xml:8465 +msgid "Aibo robotic dog produced by" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7394 +#: freeculture.xml:8146 msgid "" -"Consider the robotic dog made by Sony named \"Aibo.\" The Aibo learns " -"tricks, cuddles, and follows you around. It eats only electricity and that " -"doesn't leave that much of a mess (at least in your house)." +"Consider the robotic dog made by Sony named <quote>Aibo.</quote> The Aibo " +"learns tricks, cuddles, and follows you around. It eats only electricity and " +"that doesn't leave that much of a mess (at least in your house)." msgstr "" -#. PAGE BREAK 165 +#. PAGE BREAK 165 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7399 +#: freeculture.xml:8151 msgid "" "The Aibo is expensive and popular. Fans from around the world have set up " "clubs to trade stories. One fan in particular set up a Web site to enable " @@ -9757,18 +11677,23 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7408 +#: freeculture.xml:8160 msgid "" -"\"Teach\" here has a special meaning. Aibos are just cute computers. You " -"teach a computer how to do something by programming it differently. So to " -"say that aibopet.com was giving information about how to teach the dog to do " -"new tricks is just to say that aibopet.com was giving information to users " -"of the Aibo pet about how to hack their computer \"dog\" to make it do new " -"tricks (thus, aibohack.com)." +"<quote>Teach</quote> here has a special meaning. Aibos are just cute " +"computers. You teach a computer how to do something by programming it " +"differently. So to say that aibopet.com was giving information about how to " +"teach the dog to do new tricks is just to say that aibopet.com was giving " +"information to users of the Aibo pet about how to hack their computer " +"<quote>dog</quote> to make it do new tricks (thus, aibohack.com)." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8167 +msgid "hacks" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7416 +#: freeculture.xml:8169 msgid "" "If you're not a programmer or don't know many programmers, the word " "<citetitle>hack</citetitle> has a particularly unfriendly " @@ -9778,13 +11703,13 @@ msgid "" "term. <citetitle>Hack</citetitle> just means code that enables the program " "to do something it wasn't originally intended or enabled to do. If you buy a " "new printer for an old computer, you might find the old computer doesn't " -"run, or \"drive,\" the printer. If you discovered that, you'd later be happy " -"to discover a hack on the Net by someone who has written a driver to enable " -"the computer to drive the printer you just bought." +"run, or <quote>drive,</quote> the printer. If you discovered that, you'd " +"later be happy to discover a hack on the Net by someone who has written a " +"driver to enable the computer to drive the printer you just bought." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7428 +#: freeculture.xml:8183 msgid "" "Some hacks are easy. Some are unbelievably hard. Hackers as a community like " "to challenge themselves and others with increasingly difficult " @@ -9794,7 +11719,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7435 +#: freeculture.xml:8190 msgid "" "The Aibo fan was displaying a bit of both when he hacked the program and " "offered to the world a bit of code that would enable the Aibo to dance " @@ -9805,7 +11730,7 @@ msgstr "" #. PAGE BREAK 166 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7443 +#: freeculture.xml:8200 msgid "" "I've told this story in many contexts, both inside and outside the United " "States. Once I was asked by a puzzled member of the audience, is it " @@ -9819,8 +11744,13 @@ msgid "" "there be with teaching a robot dog to dance?</emphasis>" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:8215 +msgid "government case against" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7459 +#: freeculture.xml:8217 msgid "" "Let's put the dog to sleep for a minute, and turn to a pony show— not " "literally a pony show, but rather a paper that a Princeton academic named Ed " @@ -9833,30 +11763,32 @@ msgid "" "knew very well." msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:7482 freeculture.xml:9923 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8240 freeculture.xml:10813 msgid "Electronic Frontier Foundation" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7472 -msgid "" -"See Pamela Samuelson, \"Anticircumvention Rules: Threat to Science,\" " -"<citetitle>Science</citetitle> 293 (2001): 2028; Brendan I. Koerner, \"Play " -"Dead: Sony Muzzles the Techies Who Teach a Robot Dog New Tricks,\" " -"<citetitle>American Prospect</citetitle>, January 2002; \"Court Dismisses " -"Computer Scientists' Challenge to DMCA,\" <citetitle>Intellectual Property " -"Litigation Reporter</citetitle>, 11 December 2001; Bill Holland, \"Copyright " -"Act Raising Free-Speech Concerns,\" <citetitle>Billboard</citetitle>, May " -"2001; Janelle Brown, \"Is the RIAA Running Scared?\" Salon.com, April 2001; " -"Electronic Frontier Foundation, \"Frequently Asked Questions about " +#: freeculture.xml:8230 +msgid "" +"See Pamela Samuelson, <quote>Anticircumvention Rules: Threat to " +"Science,</quote> <citetitle>Science</citetitle> 293 (2001): 2028; Brendan " +"I. Koerner, <quote>Play Dead: Sony Muzzles the Techies Who Teach a Robot Dog " +"New Tricks,</quote> <citetitle>American Prospect</citetitle>, January 2002; " +"<quote>Court Dismisses Computer Scientists' Challenge to DMCA,</quote> " +"<citetitle>Intellectual Property Litigation Reporter</citetitle>, 11 " +"December 2001; Bill Holland, <quote>Copyright Act Raising Free-Speech " +"Concerns,</quote> <citetitle>Billboard</citetitle>, May 2001; Janelle Brown, " +"<quote>Is the RIAA Running Scared?</quote> Salon.com, April 2001; Electronic " +"Frontier Foundation, <quote>Frequently Asked Questions about " "<citetitle>Felten and USENIX</citetitle> v. <citetitle>RIAA</citetitle> " -"Legal Case,\" available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#27</ulink>. <placeholder type=\"indexterm\" id=\"0\"/>" +"Legal Case,</quote> available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #27</ulink>. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7470 +#: freeculture.xml:8228 msgid "" "But Felten's bravery was really tested in April 2001.<placeholder " "type=\"footnote\" id=\"0\"/> He and a group of colleagues were working on a " @@ -9866,19 +11798,19 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7490 +#: freeculture.xml:8248 msgid "" "The SDMI coalition had as its goal a technology to enable content owners to " "exercise much better control over their content than the Internet, as it " "originally stood, granted them. Using encryption, SDMI hoped to develop a " -"standard that would allow the content owner to say \"this music cannot be " -"copied,\" and have a computer respect that command. The technology was to " -"be part of a \"trusted system\" of control that would get content owners to " -"trust the system of the Internet much more." +"standard that would allow the content owner to say <quote>this music cannot " +"be copied,</quote> and have a computer respect that command. The technology " +"was to be part of a <quote>trusted system</quote> of control that would get " +"content owners to trust the system of the Internet much more." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7500 +#: freeculture.xml:8258 msgid "" "When SDMI thought it was close to a standard, it set up a competition. In " "exchange for providing contestants with the code to an SDMI-encrypted bit of " @@ -9888,7 +11820,7 @@ msgstr "" #. PAGE BREAK 167 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7507 +#: freeculture.xml:8265 msgid "" "Felten and his team figured out the encryption system quickly. He and the " "team saw the weakness of this system as a type: Many encryption systems " @@ -9897,7 +11829,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7513 +#: freeculture.xml:8271 msgid "" "Let's review just what Felten was doing. Again, this is the United " "States. We have a principle of free speech. We have this principle not just " @@ -9908,7 +11840,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7521 +#: freeculture.xml:8279 msgid "" "What Felten and his colleagues were doing was publishing a paper describing " "the weakness in a technology. They were not spreading free music, or " @@ -9918,7 +11850,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7529 +#: freeculture.xml:8290 msgid "" "What links these two, aibopet.com and Felten, is the letters they then " "received. Aibopet.com received a letter from Sony about the aibopet.com " @@ -9926,7 +11858,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:7536 +#: freeculture.xml:8297 msgid "" "Your site contains information providing the means to circumvent AIBO-ware's " "copy protection protocol constituting a violation of the anti-circumvention " @@ -9934,7 +11866,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7542 +#: freeculture.xml:8306 msgid "" "And though an academic paper describing the weakness in a system of " "encryption should also be perfectly legal, Felten received a letter from an " @@ -9943,16 +11875,16 @@ msgstr "" #. PAGE BREAK 168 #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:7548 +#: freeculture.xml:8312 msgid "" "Any disclosure of information gained from participating in the Public " "Challenge would be outside the scope of activities permitted by the " "Agreement and could subject you and your research team to actions under the " -"Digital Millennium Copyright Act (\"DMCA\")." +"Digital Millennium Copyright Act (<quote>DMCA</quote>)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7556 +#: freeculture.xml:8320 msgid "" "In both cases, this weirdly Orwellian law was invoked to control the spread " "of information. The Digital Millennium Copyright Act made spreading such " @@ -9960,7 +11892,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7561 +#: freeculture.xml:8325 msgid "" "The DMCA was enacted as a response to copyright owners' first fear about " "cyberspace. The fear was that copyright control was effectively dead; the " @@ -9973,7 +11905,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7572 +#: freeculture.xml:8336 msgid "" "The DMCA was a bit of law intended to back up the protection of this code " "designed to protect copyrighted material. It was, we could say, " @@ -9983,7 +11915,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7579 +#: freeculture.xml:8343 msgid "" "But the DMCA was not designed merely to protect copyrighted works to the " "extent copyright law protected them. Its protection, that is, did not end at " @@ -9995,7 +11927,7 @@ msgstr "" #. PAGE BREAK 169 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7588 +#: freeculture.xml:8355 msgid "" "Aibopet.com and Felten make the point. The Aibo hack circumvented a " "copyright protection system for the purpose of enabling the dog to dance " @@ -10009,7 +11941,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7600 +#: freeculture.xml:8367 msgid "" "The threat against Felten was more attenuated, but it followed the same line " "of reasoning. By publishing a paper describing how a copyright protection " @@ -10019,50 +11951,62 @@ msgid "" "others to infringe others' copyright." msgstr "" +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary> +#: freeculture.xml:8374 freeculture.xml:8409 +msgid "Rogers, Fred" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8385 freeculture.xml:8424 freeculture.xml:8452 +msgid "Conrad, Paul" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7608 +#: freeculture.xml:8377 msgid "" "The bizarreness of these arguments is captured in a cartoon drawn in 1981 by " "Paul Conrad. At that time, a court in California had held that the VCR could " "be banned because it was a copyright-infringing technology: It enabled " "consumers to copy films without the permission of the copyright owner. No " "doubt there were uses of the technology that were legal: Fred Rogers, aka " -"\"<citetitle>Mr. Rogers</citetitle>,\" for example, had testified in that " -"case that he wanted people to feel free to tape Mr. Rogers' Neighborhood." +"<quote><citetitle>Mr. Rogers</citetitle>,</quote> for example, had testified " +"in that case that he wanted people to feel free to tape Mr. Rogers' " +"Neighborhood. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. f23 #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:7634 +#: freeculture.xml:8404 msgid "" -"<citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal " -"City Studios, Inc</citetitle>., 464 U.S. 417, 455 fn. 27 (1984). Rogers " -"never changed his view about the VCR. See James Lardner, <citetitle>Fast " -"Forward: Hollywood, the Japanese, and the Onslaught of the VCR</citetitle> " -"(New York: W. W. Norton, 1987), 270–71." +"<placeholder type=\"indexterm\" id=\"0\"/> <citetitle>Sony Corporation of " +"America</citetitle> v. <citetitle>Universal City Studios, Inc</citetitle>., " +"464 U.S. 417, 455 fn. 27 (1984). Rogers never changed his view about the " +"VCR. See James Lardner, <citetitle>Fast Forward: Hollywood, the Japanese, " +"and the Onslaught of the VCR</citetitle> (New York: W. W. Norton, 1987), " +"270–71. <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:7619 +#: freeculture.xml:8389 msgid "" "Some public stations, as well as commercial stations, program the " -"\"Neighborhood\" at hours when some children cannot use it. I think that " -"it's a real service to families to be able to record such programs and show " -"them at appropriate times. I have always felt that with the advent of all of " -"this new technology that allows people to tape the \"Neighborhood\" " -"off-the-air, and I'm speaking for the \"Neighborhood\" because that's what I " -"produce, that they then become much more active in the programming of their " -"family's television life. Very frankly, I am opposed to people being " -"programmed by others. My whole approach in broadcasting has always been " -"\"You are an important person just the way you are. You can make healthy " -"decisions.\" Maybe I'm going on too long, but I just feel that anything that " -"allows a person to be more active in the control of his or her life, in a " -"healthy way, is important.<placeholder type=\"footnote\" id=\"0\"/>" +"<quote>Neighborhood</quote> at hours when some children cannot use it. I " +"think that it's a real service to families to be able to record such " +"programs and show them at appropriate times. I have always felt that with " +"the advent of all of this new technology that allows people to tape the " +"<quote>Neighborhood</quote> off-the-air, and I'm speaking for the " +"<quote>Neighborhood</quote> because that's what I produce, that they then " +"become much more active in the programming of their family's television " +"life. Very frankly, I am opposed to people being programmed by others. My " +"whole approach in broadcasting has always been <quote>You are an important " +"person just the way you are. You can make healthy decisions.</quote> Maybe " +"I'm going on too long, but I just feel that anything that allows a person to " +"be more active in the control of his or her life, in a healthy way, is " +"important.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. PAGE BREAK 170 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7643 +#: freeculture.xml:8415 msgid "" "Even though there were uses that were legal, because there were some uses " "that were illegal, the court held the companies producing the VCR " @@ -10070,17 +12014,34 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7648 -msgid "This led Conrad to draw the cartoon below, which we can adopt to the DMCA." +#: freeculture.xml:8420 +msgid "" +"This led Conrad to draw the cartoon in figure <xref " +"xrefstyle=\"template:%n\" linkend=\"fig-1711-vcr-handgun-cartoonfig\"/>, " +"which we can adopt to the DMCA. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7652 +#: freeculture.xml:8427 msgid "No argument I have can top this picture, but let me try to get close." msgstr "" +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:8430 +msgid "" +"— On which item have the courts ruled that manufacturers and retailers " +"be held responsible for having supplied the equipment?" +msgstr "" + +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:8433 +msgid "" +"<graphic fileref=\"images/vcr-comic.png\" align=\"center\" " +"width=\"65%\"></graphic>" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7655 +#: freeculture.xml:8436 msgid "" "The anticircumvention provisions of the DMCA target copyright circumvention " "technologies. Circumvention technologies can be used for different " @@ -10090,9 +12051,14 @@ msgid "" "use—a good end." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8443 +msgid "handguns" +msgstr "" + #. PAGE BREAK 171 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7663 +#: freeculture.xml:8445 msgid "" "A handgun can be used to shoot a police officer or a child. Most would agree " "such a use is bad. Or a handgun can be used for target practice or to " @@ -10100,18 +12066,8 @@ msgid "" "be good. It, too, is a technology that has both good and bad uses." msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:7671 -msgid "VCR/handgun cartoon." -msgstr "" - -#. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:7672 -msgid "<graphic fileref=\"images/1711.png\"></graphic>" -msgstr "" - #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7675 +#: freeculture.xml:8454 msgid "" "The obvious point of Conrad's cartoon is the weirdness of a world where guns " "are legal, despite the harm they can do, while VCRs (and circumvention " @@ -10122,7 +12078,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7683 +#: freeculture.xml:8467 msgid "" "The Aibo and RIAA examples demonstrate how copyright owners are changing the " "balance that copyright law grants. Using code, copyright owners restrict " @@ -10133,7 +12089,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7691 +#: freeculture.xml:8475 msgid "" "This is how <emphasis>code</emphasis> becomes <emphasis>law</emphasis>. The " "controls built into the technology of copy and access protection become " @@ -10147,7 +12103,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7703 +#: freeculture.xml:8487 msgid "" "There is one final aspect of the interaction between architecture and law " "that contributes to the force of copyright's regulation. This is the ease " @@ -10162,15 +12118,16 @@ msgstr "" #. f24 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7722 +#: freeculture.xml:8506 msgid "" -"For an early and prescient analysis, see Rebecca Tushnet, \"Legal Fictions, " -"Copyright, Fan Fiction, and a New Common Law,\" <citetitle>Loyola of Los " -"Angeles Entertainment Law Journal</citetitle> 17 (1997): 651." +"For an early and prescient analysis, see Rebecca Tushnet, <quote>Legal " +"Fictions, Copyright, Fan Fiction, and a New Common Law,</quote> " +"<citetitle>Loyola of Los Angeles Entertainment Law Journal</citetitle> 17 " +"(1997): 651." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7716 +#: freeculture.xml:8500 msgid "" "For example, imagine you were part of a <citetitle>Star Trek</citetitle> fan " "club. You gathered every month to share trivia, and maybe to enact a kind of " @@ -10180,7 +12137,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7728 +#: freeculture.xml:8512 msgid "" "Before the Internet, this was, in effect, a totally unregulated activity. " "No matter what happened inside your club room, you would never be interfered " @@ -10190,7 +12147,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7735 +#: freeculture.xml:8520 msgid "" "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 " @@ -10203,7 +12160,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7745 +#: freeculture.xml:8530 msgid "" "This change in the effective force of the law is caused by a change in the " "ease with which the law can be enforced. That change too shifts the law's " @@ -10214,13 +12171,13 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:7754 +#: freeculture.xml:8539 msgid "Market: Concentration" msgstr "" #. PAGE BREAK 173 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7756 +#: freeculture.xml:8541 msgid "" "So copyright's duration has increased dramatically—tripled in the past " "thirty years. And copyright's scope has increased as well—from " @@ -10238,7 +12195,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7774 +#: freeculture.xml:8559 msgid "" "Still, in my view, all of these changes would not matter much if it weren't " "for one more change that we must also consider. This is a change that is in " @@ -10248,7 +12205,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7781 +#: freeculture.xml:8566 msgid "" "This is the change in the concentration and integration of the media. In " "the past twenty years, the nature of media ownership has undergone a radical " @@ -10257,22 +12214,42 @@ msgid "" "media companies. Now, the media is increasingly owned by only a few " "companies. Indeed, after the changes that the FCC announced in June 2003, " "most expect that within a few years, we will live in a world where just " -"three companies control more than percent of the media." +"three companies control more than 85 percent of the media." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7792 +#: freeculture.xml:8577 msgid "These changes are of two sorts: the scope of concentration, and its nature." msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:7795 +#: freeculture.xml:8581 msgid "BMG" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8582 freeculture.xml:9968 +msgid "EMI" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8583 +msgid "McCain, John" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8584 freeculture.xml:9975 +msgid "Universal Music Group" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8585 +msgid "Warner Music Group" +msgstr "" + #. f25 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7801 +#: freeculture.xml:8591 msgid "" "FCC Oversight: Hearing Before the Senate Commerce, Science and " "Transportation Committee, 108th Cong., 1st sess. (22 May 2003) (statement " @@ -10281,42 +12258,37 @@ msgstr "" #. f26 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7808 +#: freeculture.xml:8598 msgid "" -"Lynette Holloway, \"Despite a Marketing Blitz, CD Sales Continue to Slide,\" " -"<citetitle>New York Times</citetitle>, 23 December 2002." +"Lynette Holloway, <quote>Despite a Marketing Blitz, CD Sales Continue to " +"Slide,</quote> <citetitle>New York Times</citetitle>, 23 December 2002." msgstr "" #. f27 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7814 +#: freeculture.xml:8604 msgid "" -"Molly Ivins, \"Media Consolidation Must Be Stopped,\" <citetitle>Charleston " -"Gazette</citetitle>, 31 May 2003." -msgstr "" - -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:7817 -msgid "McCain, John" +"Molly Ivins, <quote>Media Consolidation Must Be Stopped,</quote> " +"<citetitle>Charleston Gazette</citetitle>, 31 May 2003." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7797 +#: freeculture.xml:8587 msgid "" "Changes in scope are the easier ones to describe. As Senator John McCain " -"summarized the data produced in the FCC's review of media ownership, \"five " -"companies control 85 percent of our media sources.\"<placeholder " -"type=\"footnote\" id=\"0\"/> The five recording labels of Universal Music " -"Group, BMG, Sony Music Entertainment, Warner Music Group, and EMI control " -"84.8 percent of the U.S. music market.<placeholder type=\"footnote\" " -"id=\"1\"/> The \"five largest cable companies pipe programming to 74 percent " -"of the cable subscribers nationwide.\"<placeholder type=\"footnote\" " -"id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/>" +"summarized the data produced in the FCC's review of media ownership, " +"<quote>five companies control 85 percent of our media " +"sources.</quote><placeholder type=\"footnote\" id=\"0\"/> The five recording " +"labels of Universal Music Group, BMG, Sony Music Entertainment, Warner Music " +"Group, and EMI control 84.8 percent of the U.S. music market.<placeholder " +"type=\"footnote\" id=\"1\"/> The <quote>five largest cable companies pipe " +"programming to 74 percent of the cable subscribers " +"nationwide.</quote><placeholder type=\"footnote\" id=\"2\"/>" msgstr "" #. PAGE BREAK 174 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7820 +#: freeculture.xml:8609 msgid "" "The story with radio is even more dramatic. Before deregulation, the " "nation's largest radio broadcasting conglomerate owned fewer than " @@ -10329,7 +12301,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7831 +#: freeculture.xml:8621 msgid "" "Newspaper ownership is becoming more concentrated as well. Today, there are " "six hundred fewer daily newspapers in the United States than there were " @@ -10343,34 +12315,34 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary> -#: freeculture.xml:7845 freeculture.xml:7862 +#: freeculture.xml:8631 freeculture.xml:8652 msgid "Fallows, James" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7842 +#: freeculture.xml:8633 msgid "" "Concentration in size alone is one thing. The more invidious change is in " "the nature of that concentration. As author James Fallows put it in a recent " -"article about Rupert Murdoch, <placeholder type=\"indexterm\" id=\"0\"/>" +"article about Rupert Murdoch," msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:7860 +#: freeculture.xml:8650 msgid "" -"James Fallows, \"The Age of Murdoch,\" <citetitle>Atlantic " +"James Fallows, <quote>The Age of Murdoch,</quote> <citetitle>Atlantic " "Monthly</citetitle> (September 2003): 89. <placeholder type=\"indexterm\" " "id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:7849 +#: freeculture.xml:8639 msgid "" "Murdoch's companies now constitute a production system unmatched in its " -"integration. They supply content—Fox movies . . . Fox TV shows " -". . . Fox-controlled sports broadcasts, plus newspapers and books. They sell " -"the content to the public and to advertisers—in newspapers, on the " -"broadcast network, on the cable channels. And they operate the physical " +"integration. They supply content—Fox movies … Fox TV shows " +"… Fox-controlled sports broadcasts, plus newspapers and books. They " +"sell the content to the public and to advertisers—in newspapers, on " +"the broadcast network, on the cable channels. And they operate the physical " "distribution system through which the content reaches the " "customers. Murdoch's satellite systems now distribute News Corp. content in " "Europe and Asia; if Murdoch becomes DirecTV's largest single owner, that " @@ -10379,7 +12351,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7867 +#: freeculture.xml:8657 msgid "" "The pattern with Murdoch is the pattern of modern media. Not just large " "companies owning many radio stations, but a few companies owning as many " @@ -10387,19 +12359,16 @@ msgid "" "thousand words could do:" msgstr "" -#. type: Content of: <book><part><chapter><section><figure><title> -#: freeculture.xml:7873 -msgid "Pattern of modern media ownership." -msgstr "" - #. type: Content of: <book><part><chapter><section><figure> -#: freeculture.xml:7874 -msgid "<graphic fileref=\"images/1761.png\"></graphic>" +#: freeculture.xml:8664 +msgid "" +"<graphic fileref=\"images/pattern-modern-media-ownership.png\" " +"align=\"center\" width=\"100%\"></graphic>" msgstr "" #. PAGE BREAK 175 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7878 +#: freeculture.xml:8668 msgid "" "Does this concentration matter? Will it affect what is made, or what is " "distributed? Or is it merely a more efficient way to produce and distribute " @@ -10407,7 +12376,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7883 +#: freeculture.xml:8673 msgid "" "My view was that concentration wouldn't matter. I thought it was nothing " "more than a more efficient financial structure. But now, after reading and " @@ -10416,24 +12385,24 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7889 +#: freeculture.xml:8679 msgid "" "Here's a representative story that begins to suggest how this integration " "may matter." msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:7892 +#: freeculture.xml:8682 msgid "Lear, Norman" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:7894 freeculture.xml:7958 +#: freeculture.xml:8684 freeculture.xml:8747 msgid "All in the Family" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7896 +#: freeculture.xml:8686 msgid "" "In 1969, Norman Lear created a pilot for <citetitle>All in the " "Family</citetitle>. He took the pilot to ABC. The network didn't like it. It " @@ -10444,18 +12413,18 @@ msgstr "" #. f29 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7908 +#: freeculture.xml:8698 msgid "" -"Leonard Hill, \"The Axis of Access,\" remarks before Weidenbaum Center " -"Forum, \"Entertainment Economics: The Movie Industry,\" St. Louis, Missouri, " -"3 April 2003 (transcript of prepared remarks available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #28</ulink>; for the Lear story, " -"not included in the prepared remarks, see <ulink " +"Leonard Hill, <quote>The Axis of Access,</quote> remarks before Weidenbaum " +"Center Forum, <quote>Entertainment Economics: The Movie Industry,</quote> " +"St. Louis, Missouri, 3 April 2003 (transcript of prepared remarks available " +"at <ulink url=\"http://free-culture.cc/notes/\">link #28</ulink>; for the " +"Lear story, not included in the prepared remarks, see <ulink " "url=\"http://free-culture.cc/notes/\">link #29</ulink>)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7903 +#: freeculture.xml:8693 msgid "" "Rather than comply, Lear simply took the show elsewhere. CBS was happy to " "have the series; ABC could not stop Lear from walking. The copyrights that " @@ -10465,19 +12434,19 @@ msgstr "" #. PAGE BREAK 176 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7920 +#: freeculture.xml:8709 msgid "" "The network did not control those copyrights because the law forbade the " "networks from controlling the content they syndicated. The law required a " "separation between the networks and the content producers; that separation " "would guarantee Lear freedom. And as late as 1992, because of these rules, " "the vast majority of prime time television—75 percent of it—was " -"\"independent\" of the networks." +"<quote>independent</quote> of the networks." msgstr "" #. f30 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:7939 +#: freeculture.xml:8728 msgid "" "NewsCorp./DirecTV Merger and Media Consolidation: Hearings on Media " "Ownership Before the Senate Commerce Committee, 108th Cong., 1st " @@ -10489,26 +12458,26 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7929 +#: freeculture.xml:8718 msgid "" "In 1994, the FCC abandoned the rules that required this independence. After " "that change, the networks quickly changed the balance. In 1985, there were " "twenty-five independent television production studios; in 2002, only five " -"independent television studios remained. \"In 1992, only 15 percent of new " -"series were produced for a network by a company it controlled. Last year, " -"the percentage of shows produced by controlled companies more than " -"quintupled to 77 percent.\" \"In 1992, 16 new series were produced " -"independently of conglomerate control, last year there was " -"one.\"<placeholder type=\"footnote\" id=\"0\"/> In 2002, 75 percent of prime " -"time television was owned by the networks that ran it. \"In the ten-year " -"period between 1992 and 2002, the number of prime time television hours per " -"week produced by network studios increased over 200%, whereas the number of " -"prime time television hours per week produced by independent studios " -"decreased 63%.\"<placeholder type=\"footnote\" id=\"1\"/>" +"independent television studios remained. <quote>In 1992, only 15 percent of " +"new series were produced for a network by a company it controlled. Last " +"year, the percentage of shows produced by controlled companies more than " +"quintupled to 77 percent.</quote> <quote>In 1992, 16 new series were " +"produced independently of conglomerate control, last year there was " +"one.</quote><placeholder type=\"footnote\" id=\"0\"/> In 2002, 75 percent of " +"prime time television was owned by the networks that ran it. <quote>In the " +"ten-year period between 1992 and 2002, the number of prime time television " +"hours per week produced by network studios increased over 200%, whereas the " +"number of prime time television hours per week produced by independent " +"studios decreased 63%.</quote><placeholder type=\"footnote\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7960 +#: freeculture.xml:8749 msgid "" "Today, another Norman Lear with another <citetitle>All in the " "Family</citetitle> would find that he had the choice either to make the show " @@ -10516,36 +12485,35 @@ msgid "" "increasingly owned by the network." msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:7969 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8754 msgid "Diller, Barry" msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:7970 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8755 msgid "Moyers, Bill" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7966 +#: freeculture.xml:8757 msgid "" "While the number of channels has increased dramatically, the ownership of " "those channels has narrowed to an ever smaller and smaller few. As Barry " -"Diller said to Bill Moyers, <placeholder type=\"indexterm\" id=\"0\"/> " -"<placeholder type=\"indexterm\" id=\"1\"/>" +"Diller said to Bill Moyers," msgstr "" #. f32 #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:7983 +#: freeculture.xml:8772 msgid "" -"\"Barry Diller Takes on Media Deregulation,\" <citetitle>Now with Bill " -"Moyers</citetitle>, Bill Moyers, 25 April 2003, edited transcript available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #31</ulink>." +"<quote>Barry Diller Takes on Media Deregulation,</quote> <citetitle>Now with " +"Bill Moyers</citetitle>, Bill Moyers, 25 April 2003, edited transcript " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #31</ulink>." msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:7974 +#: freeculture.xml:8763 msgid "" "Well, if you have companies that produce, that finance, that air on their " "channel and then distribute worldwide everything that goes through their " @@ -10556,7 +12524,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:7990 +#: freeculture.xml:8779 msgid "" "This narrowing has an effect on what is produced. The product of such large " "and concentrated networks is increasingly homogenous. Increasingly " @@ -10570,20 +12538,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:8001 +#: freeculture.xml:8790 msgid "Clark, Kim B." msgstr "" #. f33 #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:8010 +#: freeculture.xml:8799 msgid "" "Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The " "Revolutionary National Bestseller that Changed the Way We Do " "Business</citetitle> (Cambridge: Harvard Business School Press, " "1997). Christensen acknowledges that the idea was first suggested by Dean " -"Kim Clark. See Kim B. Clark, \"The Interaction of Design Hierarchies and " -"Market Concepts in Technological Evolution,\" <citetitle>Research " +"Kim Clark. See Kim B. Clark, <quote>The Interaction of Design Hierarchies " +"and Market Concepts in Technological Evolution,</quote> <citetitle>Research " "Policy</citetitle> 14 (1985): 235–51. For a more recent study, see " "Richard Foster and Sarah Kaplan, <citetitle>Creative Destruction: Why " "Companies That Are Built to Last Underperform the Market—and How to " @@ -10592,21 +12560,22 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8003 +#: freeculture.xml:8792 msgid "" "Economics itself offers a parallel that explains why this integration " -"affects creativity. Clay Christensen has written about the \"Innovator's " -"Dilemma\": the fact that large traditional firms find it rational to ignore " -"new, breakthrough technologies that compete with their core business. The " -"same analysis could help explain why large, traditional media companies " -"would find it rational to ignore new cultural trends.<placeholder " -"type=\"footnote\" id=\"0\"/> Lumbering giants not only don't, but should " -"not, sprint. Yet if the field is only open to the giants, there will be far " -"too little sprinting. <placeholder type=\"indexterm\" id=\"1\"/>" +"affects creativity. Clay Christensen has written about the " +"<quote>Innovator's Dilemma</quote>: the fact that large traditional firms " +"find it rational to ignore new, breakthrough technologies that compete with " +"their core business. The same analysis could help explain why large, " +"traditional media companies would find it rational to ignore new cultural " +"trends.<placeholder type=\"footnote\" id=\"0\"/> Lumbering giants not only " +"don't, but should not, sprint. Yet if the field is only open to the giants, " +"there will be far too little sprinting. <placeholder type=\"indexterm\" " +"id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8027 +#: freeculture.xml:8816 msgid "" "I don't think we know enough about the economics of the media market to say " "with certainty what concentration and integration will do. The efficiencies " @@ -10614,14 +12583,14 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8033 +#: freeculture.xml:8822 msgid "" "But there is a quintessentially obvious example that does strongly suggest " "the concern." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8037 +#: freeculture.xml:8826 msgid "" "In addition to the copyright wars, we're in the middle of the drug " "wars. Government policy is strongly directed against the drug cartels; " @@ -10630,7 +12599,7 @@ msgstr "" #. PAGE BREAK 178 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8042 +#: freeculture.xml:8831 msgid "" "Let me hereby disqualify myself from any possible appointment to any " "position in government by saying I believe this war is a profound mistake. I " @@ -10648,37 +12617,42 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8061 +#: freeculture.xml:8850 msgid "" "You may not be convinced. That's fine. We live in a democracy, and it is " "through votes that we are to choose policy. But to do that, we depend " "fundamentally upon the press to help inform Americans about these issues." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8858 +msgid "Nick and Norm anti-drug campaign" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8067 +#: freeculture.xml:8860 msgid "" "Beginning in 1998, the Office of National Drug Control Policy launched a " -"media campaign as part of the \"war on drugs.\" The campaign produced scores " -"of short film clips about issues related to illegal drugs. In one series " -"(the Nick and Norm series) two men are in a bar, discussing the idea of " -"legalizing drugs as a way to avoid some of the collateral damage from the " -"war. One advances an argument in favor of drug legalization. The other " -"responds in a powerful and effective way against the argument of the " -"first. In the end, the first guy changes his mind (hey, it's " +"media campaign as part of the <quote>war on drugs.</quote> The campaign " +"produced scores of short film clips about issues related to illegal " +"drugs. In one series (the Nick and Norm series) two men are in a bar, " +"discussing the idea of legalizing drugs as a way to avoid some of the " +"collateral damage from the war. One advances an argument in favor of drug " +"legalization. The other responds in a powerful and effective way against the " +"argument of the first. In the end, the first guy changes his mind (hey, it's " "television). The plug at the end is a damning attack on the pro-legalization " "campaign." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8079 +#: freeculture.xml:8872 msgid "" "Fair enough. It's a good ad. Not terribly misleading. It delivers its " "message well. It's a fair and reasonable message." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8083 +#: freeculture.xml:8876 msgid "" "But let's say you think it is a wrong message, and you'd like to run a " "countercommercial. Say you want to run a series of ads that try to " @@ -10688,7 +12662,7 @@ msgstr "" #. PAGE BREAK 179 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8089 +#: freeculture.xml:8882 msgid "" "Well, obviously, these ads cost lots of money. Assume you raise the " "money. Assume a group of concerned citizens donates all the money in the " @@ -10696,69 +12670,80 @@ msgid "" "heard then?" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:8890 +msgid "on television advertising bans" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:8891 +msgid "controversy avoided by" +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:8131 +#: freeculture.xml:8904 msgid "Comcast" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:8132 +#: freeculture.xml:8905 msgid "Marijuana Policy Project" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:8133 +#: freeculture.xml:8906 msgid "NBC" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:8134 +#: freeculture.xml:8907 msgid "WJOA" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:8135 +#: freeculture.xml:8908 msgid "WRC" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:8106 +#: freeculture.xml:8903 msgid "" -"The Marijuana Policy Project, in February 2003, sought to place ads that " -"directly responded to the Nick and Norm series on stations within the " -"Washington, D.C., area. Comcast rejected the ads as \"against [their] " -"policy.\" The local NBC affiliate, WRC, rejected the ads without reviewing " -"them. The local ABC affiliate, WJOA, originally agreed to run the ads and " -"accepted payment to do so, but later decided not to run the ads and returned " -"the collected fees. Interview with Neal Levine, 15 October 2003. These " -"restrictions are, of course, not limited to drug policy. See, for example, " -"Nat Ives, \"On the Issue of an Iraq War, Advocacy Ads Meet with Rejection " -"from TV Networks,\" <citetitle>New York Times</citetitle>, 13 March 2003, " -"C4. Outside of election-related air time there is very little that the FCC " -"or the courts are willing to do to even the playing field. For a general " -"overview, see Rhonda Brown, \"Ad Hoc Access: The Regulation of Editorial " -"Advertising on Television and Radio,\" <citetitle>Yale Law and Policy " -"Review</citetitle> 6 (1988): 449–79, and for a more recent summary of " -"the stance of the FCC and the courts, see <citetitle>Radio-Television News " -"Directors Association</citetitle> v. <citetitle>FCC</citetitle>, 184 F. 3d " -"872 (D.C. Cir. 1999). Municipal authorities exercise the same authority as " -"the networks. In a recent example from San Francisco, the San Francisco " -"transit authority rejected an ad that criticized its Muni diesel " -"buses. Phillip Matier and Andrew Ross, \"Antidiesel Group Fuming After Muni " -"Rejects Ad,\" SFGate.com, 16 June 2003, available at <ulink " +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> <placeholder " +"type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" id=\"4\"/> " +"<placeholder type=\"indexterm\" id=\"5\"/> <placeholder type=\"indexterm\" " +"id=\"6\"/> The Marijuana Policy Project, in February 2003, sought to place " +"ads that directly responded to the Nick and Norm series on stations within " +"the Washington, D.C., area. Comcast rejected the ads as <quote>against " +"[their] policy.</quote> The local NBC affiliate, WRC, rejected the ads " +"without reviewing them. The local ABC affiliate, WJOA, originally agreed to " +"run the ads and accepted payment to do so, but later decided not to run the " +"ads and returned the collected fees. Interview with Neal Levine, 15 October " +"2003. These restrictions are, of course, not limited to drug policy. See, " +"for example, Nat Ives, <quote>On the Issue of an Iraq War, Advocacy Ads Meet " +"with Rejection from TV Networks,</quote> <citetitle>New York " +"Times</citetitle>, 13 March 2003, C4. Outside of election-related air time " +"there is very little that the FCC or the courts are willing to do to even " +"the playing field. For a general overview, see Rhonda Brown, <quote>Ad Hoc " +"Access: The Regulation of Editorial Advertising on Television and " +"Radio,</quote> <citetitle>Yale Law and Policy Review</citetitle> 6 (1988): " +"449–79, and for a more recent summary of the stance of the FCC and the " +"courts, see <citetitle>Radio-Television News Directors " +"Association</citetitle> v. <citetitle>FCC</citetitle>, 184 F. 3d 872 " +"(D.C. Cir. 1999). Municipal authorities exercise the same authority as the " +"networks. In a recent example from San Francisco, the San Francisco transit " +"authority rejected an ad that criticized its Muni diesel buses. Phillip " +"Matier and Andrew Ross, <quote>Antidiesel Group Fuming After Muni Rejects " +"Ad,</quote> SFGate.com, 16 June 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #32</ulink>. The ground was that " -"the criticism was \"too controversial.\" <placeholder type=\"indexterm\" " -"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder " -"type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/> " -"<placeholder type=\"indexterm\" id=\"4\"/> <placeholder type=\"indexterm\" " -"id=\"5\"/>" +"the criticism was <quote>too controversial.</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8096 +#: freeculture.xml:8893 msgid "" "No. You cannot. Television stations have a general policy of avoiding " -"\"controversial\" ads. Ads sponsored by the government are deemed " +"<quote>controversial</quote> ads. Ads sponsored by the government are deemed " "uncontroversial; ads disagreeing with the government are controversial. " "This selectivity might be thought inconsistent with the First Amendment, but " "the Supreme Court has held that stations have the right to choose what they " @@ -10769,7 +12754,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8139 +#: freeculture.xml:8942 msgid "" "I'd be happy to defend the networks' rights, as well—if we lived in a " "media market that was truly diverse. But concentration in the media throws " @@ -10782,37 +12767,37 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:8151 +#: freeculture.xml:8955 msgid "Together" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8153 +#: freeculture.xml:8957 msgid "" "There is something innocent and obvious about the claim of the copyright " -"warriors that the government should \"protect my property.\" In the " -"abstract, it is obviously true and, ordinarily, totally harmless. No sane " -"sort who is not an anarchist could disagree." +"warriors that the government should <quote>protect my property.</quote> In " +"the abstract, it is obviously true and, ordinarily, totally harmless. No " +"sane sort who is not an anarchist could disagree." msgstr "" #. PAGE BREAK 180 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8159 +#: freeculture.xml:8963 msgid "" -"But when we see how dramatically this \"property\" has changed— when " -"we recognize how it might now interact with both technology and markets to " -"mean that the effective constraint on the liberty to cultivate our culture " -"is dramatically different—the claim begins to seem less innocent and " -"obvious. Given (1) the power of technology to supplement the law's control, " -"and (2) the power of concentrated markets to weaken the opportunity for " -"dissent, if strictly enforcing the massively expanded \"property\" rights " -"granted by copyright fundamentally changes the freedom within this culture " -"to cultivate and build upon our past, then we have to ask whether this " -"property should be redefined." +"But when we see how dramatically this <quote>property</quote> has " +"changed— when we recognize how it might now interact with both " +"technology and markets to mean that the effective constraint on the liberty " +"to cultivate our culture is dramatically different—the claim begins to " +"seem less innocent and obvious. Given (1) the power of technology to " +"supplement the law's control, and (2) the power of concentrated markets to " +"weaken the opportunity for dissent, if strictly enforcing the massively " +"expanded <quote>property</quote> rights granted by copyright fundamentally " +"changes the freedom within this culture to cultivate and build upon our " +"past, then we have to ask whether this property should be redefined." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8175 +#: freeculture.xml:8979 msgid "" "Not starkly. Or absolutely. My point is not that we should abolish copyright " "or go back to the eighteenth century. That would be a total mistake, " @@ -10821,7 +12806,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8181 +#: freeculture.xml:8985 msgid "" "But there is a space between zero and one, Internet culture " "notwithstanding. And these massive shifts in the effective power of " @@ -10835,7 +12820,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8193 +#: freeculture.xml:8997 msgid "" "Copyright law has not been a rock of Gibraltar. It's not a set of constant " "commitments that, for some mysterious reason, teenagers and geeks now " @@ -10850,7 +12835,7 @@ msgstr "" #. PAGE BREAK 181 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8205 +#: freeculture.xml:9009 msgid "" "For the single point that is lost in this war on pirates is a point that we " "see only after surveying the range of these changes. When you add together " @@ -10861,15 +12846,15 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:8229 +#: freeculture.xml:9033 msgid "" -"Siva Vaidhyanathan captures a similar point in his \"four surrenders\" of " -"copyright law in the digital age. See Vaidhyanathan, 159–60. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> Siva Vaidhyanathan captures a " +"similar point in his <quote>four surrenders</quote> of copyright law in the " +"digital age. See Vaidhyanathan, 159–60." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8214 +#: freeculture.xml:9018 msgid "" "Not when copyrights were perpetual, for when copyrights were perpetual, they " "affected only that precise creative work. Not when only publishers had the " @@ -10887,12 +12872,14 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8235 -msgid "This has been a long chapter. Its point can now be briefly stated." +#: freeculture.xml:9039 +msgid "" +"<emphasis role='strong'>This has been</emphasis> a long chapter. Its point " +"can now be briefly stated." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8238 +#: freeculture.xml:9043 msgid "" "At the start of this book, I distinguished between commercial and " "noncommercial culture. In the course of this chapter, I have distinguished " @@ -10901,44 +12888,39 @@ msgid "" "undergone. In 1790, the law looked like this:" msgstr "" -#. type: Content of: <book><part><chapter><section><table><title> -#: freeculture.xml:8246 -msgid "Law status in 1790" -msgstr "" - -#. type: Content of: <book><part><chapter><section><table><tgroup><thead><row><entry> -#: freeculture.xml:8251 freeculture.xml:8289 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:9055 freeculture.xml:9092 msgid "PUBLISH" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><thead><row><entry> -#: freeculture.xml:8252 freeculture.xml:8290 freeculture.xml:8329 freeculture.xml:8362 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:9056 freeculture.xml:9093 freeculture.xml:9131 freeculture.xml:9163 msgid "TRANSFORM" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:8257 freeculture.xml:8295 freeculture.xml:8334 freeculture.xml:8367 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:9061 freeculture.xml:9098 freeculture.xml:9136 freeculture.xml:9168 msgid "Commercial" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:8258 freeculture.xml:8296 freeculture.xml:8297 freeculture.xml:8335 freeculture.xml:8336 freeculture.xml:8368 freeculture.xml:8369 freeculture.xml:8373 freeculture.xml:8374 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:9062 freeculture.xml:9099 freeculture.xml:9100 freeculture.xml:9137 freeculture.xml:9138 freeculture.xml:9169 freeculture.xml:9170 freeculture.xml:9174 freeculture.xml:9175 msgid "©" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:8259 freeculture.xml:8263 freeculture.xml:8264 freeculture.xml:8301 freeculture.xml:8302 freeculture.xml:8341 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:9063 freeculture.xml:9067 freeculture.xml:9068 freeculture.xml:9104 freeculture.xml:9105 freeculture.xml:9143 msgid "Free" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:8262 freeculture.xml:8300 freeculture.xml:8339 freeculture.xml:8372 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:9066 freeculture.xml:9103 freeculture.xml:9141 freeculture.xml:9173 msgid "Noncommercial" msgstr "" #. PAGE BREAK 182 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8271 +#: freeculture.xml:9075 msgid "" "The act of publishing a map, chart, and book was regulated by copyright " "law. Nothing else was. Transformations were free. And as copyright attached " @@ -10948,17 +12930,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8280 +#: freeculture.xml:9084 msgid "By the end of the nineteenth century, the law had changed to this:" msgstr "" -#. type: Content of: <book><part><chapter><section><table><title> -#: freeculture.xml:8284 -msgid "Law status at the end of ninetheenth centory" -msgstr "" - #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8309 +#: freeculture.xml:9112 msgid "" "Derivative works were now regulated by copyright law—if published, " "which again, given the economics of publishing at the time, means if offered " @@ -10967,7 +12944,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8315 +#: freeculture.xml:9118 msgid "" "In 1909 the law changed to regulate copies, not publishing, and after this " "change, the scope of the law was tied to technology. As the technology of " @@ -10976,23 +12953,18 @@ msgid "" "look like this:" msgstr "" -#. type: Content of: <book><part><chapter><section><table><title> -#: freeculture.xml:8323 -msgid "Law status in 1975" -msgstr "" - -#. type: Content of: <book><part><chapter><section><table><tgroup><thead><row><entry> -#: freeculture.xml:8328 freeculture.xml:8361 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:9130 freeculture.xml:9162 msgid "COPY" msgstr "" -#. type: Content of: <book><part><chapter><section><table><tgroup><tbody><row><entry> -#: freeculture.xml:8340 -msgid "©/Free" +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:9142 +msgid "© / Free" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8348 +#: freeculture.xml:9150 msgid "" "The law was interpreted to reach noncommercial copying through, say, copy " "machines, but still much of copying outside of the commercial market " @@ -11001,14 +12973,9 @@ msgid "" "like this:" msgstr "" -#. type: Content of: <book><part><chapter><section><table><title> -#: freeculture.xml:8356 -msgid "Law status now" -msgstr "" - #. PAGE BREAK 183 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8381 +#: freeculture.xml:9182 msgid "" "Every realm is governed by copyright law, whereas before most creativity was " "not. The law now regulates the full range of creativity— commercial or " @@ -11017,7 +12984,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8389 +#: freeculture.xml:9190 msgid "" "Obviously, copyright law is not the enemy. The enemy is regulation that does " "no good. So the question that we should be asking just now is whether " @@ -11026,7 +12993,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8395 +#: freeculture.xml:9196 msgid "" "I have no doubt that it does good in regulating commercial copying. But I " "also have no doubt that it does more harm than good when regulating (as it " @@ -11039,57 +13006,66 @@ msgid "" "derivative rights were more sharply restricted." msgstr "" -#. f36 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:9214 +msgid "legal realist movement" +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:8413 +#: freeculture.xml:9214 msgid "" -"It was the single most important contribution of the legal realist movement " -"to demonstrate that all property rights are always crafted to balance public " -"and private interests. See Thomas C. Grey, \"The Disintegration of " -"Property,\" in <citetitle>Nomos XXII: Property</citetitle>, J. Roland " -"Pennock and John W. Chapman, eds. (New York: New York University Press, " -"1980)." +"<placeholder type=\"indexterm\" id=\"0\"/> It was the single most important " +"contribution of the legal realist movement to demonstrate that all property " +"rights are always crafted to balance public and private interests. See " +"Thomas C. Grey, <quote>The Disintegration of Property,</quote> in " +"<citetitle>Nomos XXII: Property</citetitle>, J. Roland Pennock and John W. " +"Chapman, eds. (New York: New York University Press, 1980)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8407 +#: freeculture.xml:9208 msgid "" "The issue is therefore not simply whether copyright is property. Of course " -"copyright is a kind of \"property,\" and of course, as with any property, " -"the state ought to protect it. But first impressions notwithstanding, " -"historically, this property right (as with all property rights<placeholder " -"type=\"footnote\" id=\"0\"/>) has been crafted to balance the important " -"need to give authors and artists incentives with the equally important need " -"to assure access to creative work. This balance has always been struck in " -"light of new technologies. And for almost half of our tradition, the " -"\"copyright\" did not control <emphasis>at all</emphasis> the freedom of " -"others to build upon or transform a creative work. American culture was born " -"free, and for almost 180 years our country consistently protected a vibrant " -"and rich free culture." +"copyright is a kind of <quote>property,</quote> and of course, as with any " +"property, the state ought to protect it. But first impressions " +"notwithstanding, historically, this property right (as with all property " +"rights<placeholder type=\"footnote\" id=\"0\"/>) has been crafted to " +"balance the important need to give authors and artists incentives with the " +"equally important need to assure access to creative work. This balance has " +"always been struck in light of new technologies. And for almost half of our " +"tradition, the <quote>copyright</quote> did not control <emphasis>at " +"all</emphasis> the freedom of others to build upon or transform a creative " +"work. American culture was born free, and for almost 180 years our country " +"consistently protected a vibrant and rich free culture." msgstr "" #. PAGE BREAK 184 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8430 +#: freeculture.xml:9233 msgid "" "We achieved that free culture because our law respected important limits on " -"the scope of the interests protected by \"property.\" The very birth of " -"\"copyright\" as a statutory right recognized those limits, by granting " -"copyright owners protection for a limited time only (the story of chapter " -"6). The tradition of \"fair use\" is animated by a similar concern that is " -"increasingly under strain as the costs of exercising any fair use right " -"become unavoidably high (the story of chapter 7). Adding statutory rights " -"where markets might stifle innovation is another familiar limit on the " -"property right that copyright is (chapter 8). And granting archives and " -"libraries a broad freedom to collect, claims of property notwithstanding, is " -"a crucial part of guaranteeing the soul of a culture (chapter 9). Free " -"cultures, like free markets, are built with property. But the nature of the " -"property that builds a free culture is very different from the extremist " -"vision that dominates the debate today." -msgstr "" - -#. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8449 +"the scope of the interests protected by <quote>property.</quote> The very " +"birth of <quote>copyright</quote> as a statutory right recognized those " +"limits, by granting copyright owners protection for a limited time only (the " +"story of chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"founders\"/>). The tradition of <quote>fair use</quote> is " +"animated by a similar concern that is increasingly under strain as the costs " +"of exercising any fair use right become unavoidably high (the story of " +"chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"recorders\"/>). Adding statutory rights where markets might stifle " +"innovation is another familiar limit on the property right that copyright is " +"(chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"transformers\"/>). And granting archives and libraries a broad " +"freedom to collect, claims of property notwithstanding, is a crucial part of " +"guaranteeing the soul of a culture (chapter <xref xrefstyle=\"select: " +"labelnumber\" linkend=\"collectors\"/>). Free cultures, like free markets, " +"are built with property. But the nature of the property that builds a free " +"culture is very different from the extremist vision that dominates the " +"debate today." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9256 msgid "" "Free culture is increasingly the casualty in this war on piracy. In response " "to a real, if not yet quantified, threat that the technologies of the " @@ -11104,183 +13080,195 @@ msgid "" msgstr "" #. type: Content of: <book><part><title> -#: freeculture.xml:8466 -msgid "PUZZLES" +#: freeculture.xml:9273 +msgid "Puzzles" msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:8470 -msgid "CHAPTER ELEVEN: Chimera" +#: freeculture.xml:9277 +msgid "Chapter Eleven: Chimera" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:8472 +#: freeculture.xml:9278 msgid "chimeras" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:8475 +#: freeculture.xml:9279 msgid "Wells, H. G." msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:8478 -msgid ""Country of the Blind, The" (Wells)" +#: freeculture.xml:9280 +msgid "<quote>Country of the Blind, The</quote> (Wells)" msgstr "" #. f1. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:8486 +#: freeculture.xml:9288 msgid "" -"H. G. Wells, \"The Country of the Blind\" (1904, 1911). See H. G. Wells, " -"<citetitle>The Country of the Blind and Other Stories</citetitle>, Michael " -"Sherborne, ed. (New York: Oxford University Press, 1996)." +"H. G. Wells, <quote>The Country of the Blind</quote> (1904, 1911). See " +"H. G. Wells, <citetitle>The Country of the Blind and Other " +"Stories</citetitle>, Michael Sherborne, ed. (New York: Oxford University " +"Press, 1996)." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8482 +#: freeculture.xml:9283 msgid "" -"In a well-known short story by H. G. Wells, a mountain climber named Nunez " -"trips (literally, down an ice slope) into an unknown and isolated valley in " -"the Peruvian Andes.<placeholder type=\"footnote\" id=\"0\"/> The valley is " -"extraordinarily beautiful, with \"sweet water, pasture, an even climate, " -"slopes of rich brown soil with tangles of a shrub that bore an excellent " -"fruit.\" But the villagers are all blind. Nunez takes this as an " -"opportunity. \"In the Country of the Blind,\" he tells himself, \"the " -"One-Eyed Man is King.\" So he resolves to live with the villagers to explore " -"life as a king." +"<emphasis role='strong'>In a well-known</emphasis> short story by " +"H. G. Wells, a mountain climber named Nunez trips (literally, down an ice " +"slope) into an unknown and isolated valley in the Peruvian " +"Andes.<placeholder type=\"footnote\" id=\"0\"/> The valley is " +"extraordinarily beautiful, with <quote>sweet water, pasture, an even " +"climate, slopes of rich brown soil with tangles of a shrub that bore an " +"excellent fruit.</quote> But the villagers are all blind. Nunez takes this " +"as an opportunity. <quote>In the Country of the Blind,</quote> he tells " +"himself, <quote>the One-Eyed Man is King.</quote> So he resolves to live " +"with the villagers to explore life as a king." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8498 +#: freeculture.xml:9300 msgid "" "Things don't go quite as he planned. He tries to explain the idea of sight " -"to the villagers. They don't understand. He tells them they are \"blind.\" " -"They don't have the word <citetitle>blind</citetitle>. They think he's just " -"thick. Indeed, as they increasingly notice the things he can't do (hear the " -"sound of grass being stepped on, for example), they increasingly try to " -"control him. He, in turn, becomes increasingly frustrated. \"`You don't " -"understand,' he cried, in a voice that was meant to be great and resolute, " -"and which broke. `You are blind and I can see. Leave me alone!'\"" +"to the villagers. They don't understand. He tells them they are " +"<quote>blind.</quote> They don't have the word " +"<citetitle>blind</citetitle>. They think he's just thick. Indeed, as they " +"increasingly notice the things he can't do (hear the sound of grass being " +"stepped on, for example), they increasingly try to control him. He, in turn, " +"becomes increasingly frustrated. <quote>`You don't understand,' he cried, in " +"a voice that was meant to be great and resolute, and which broke. `You are " +"blind and I can see. Leave me alone!'</quote>" msgstr "" #. PAGE BREAK 187 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8510 +#: freeculture.xml:9312 msgid "" "The villagers don't leave him alone. Nor do they see (so to speak) the " "virtue of his special power. Not even the ultimate target of his affection, " -"a young woman who to him seems \"the most beautiful thing in the whole of " -"creation,\" understands the beauty of sight. Nunez's description of what he " -"sees \"seemed to her the most poetical of fancies, and she listened to his " -"description of the stars and the mountains and her own sweet white-lit " -"beauty as though it was a guilty indulgence.\" \"She did not believe,\" " -"Wells tells us, and \"she could only half understand, but she was " -"mysteriously delighted.\"" +"a young woman who to him seems <quote>the most beautiful thing in the whole " +"of creation,</quote> understands the beauty of sight. Nunez's description of " +"what he sees <quote>seemed to her the most poetical of fancies, and she " +"listened to his description of the stars and the mountains and her own sweet " +"white-lit beauty as though it was a guilty indulgence.</quote> <quote>She " +"did not believe,</quote> Wells tells us, and <quote>she could only half " +"understand, but she was mysteriously delighted.</quote>" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:9323 +msgid "" +"When Nunez announces his desire to marry his <quote>mysteriously " +"delighted</quote> love, the father and the village object. <quote>You see, " +"my dear,</quote> her father instructs, <quote>he's an idiot. He has " +"delusions. He can't do anything right.</quote> They take Nunez to the " +"village doctor." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8521 +#: freeculture.xml:9329 msgid "" -"When Nunez announces his desire to marry his \"mysteriously delighted\" " -"love, the father and the village object. \"You see, my dear,\" her father " -"instructs, \"he's an idiot. He has delusions. He can't do anything right.\" " -"They take Nunez to the village doctor." +"After a careful examination, the doctor gives his opinion. <quote>His brain " +"is affected,</quote> he reports." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8527 +#: freeculture.xml:9333 msgid "" -"After a careful examination, the doctor gives his opinion. \"His brain is " -"affected,\" he reports." +"<quote>What affects it?</quote> the father asks. <quote>Those queer things " +"that are called the eyes … are diseased … in such a way as to " +"affect his brain.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8531 +#: freeculture.xml:9338 msgid "" -"\"What affects it?\" the father asks. \"Those queer things that are called " -"the eyes . . . are diseased . . . in such a way as to affect his brain.\"" +"The doctor continues: <quote>I think I may say with reasonable certainty " +"that in order to cure him completely, all that we need to do is a simple and " +"easy surgical operation—namely, to remove these irritant bodies [the " +"eyes].</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8536 +#: freeculture.xml:9344 msgid "" -"The doctor continues: \"I think I may say with reasonable certainty that in " -"order to cure him completely, all that we need to do is a simple and easy " -"surgical operation—namely, to remove these irritant bodies [the " -"eyes].\"" +"<quote>Thank Heaven for science!</quote> says the father to the doctor. They " +"inform Nunez of this condition necessary for him to be allowed his bride. " +"(You'll have to read the original to learn what happens in the end. I " +"believe in free culture, but never in giving away the end of a story.)" msgstr "" #. PAGE BREAK 188 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8542 +#: freeculture.xml:9350 msgid "" -"\"Thank Heaven for science!\" says the father to the doctor. They inform " -"Nunez of this condition necessary for him to be allowed his bride. (You'll " -"have to read the original to learn what happens in the end. I believe in " -"free culture, but never in giving away the end of a story.) It sometimes " -"happens that the eggs of twins fuse in the mother's womb. That fusion " -"produces a \"chimera.\" A chimera is a single creature with two sets of " +"<emphasis role='strong'>It sometimes</emphasis> happens that the eggs of " +"twins fuse in the mother's womb. That fusion produces a " +"<quote>chimera.</quote> A chimera is a single creature with two sets of " "DNA. The DNA in the blood, for example, might be different from the DNA of " -"the skin. This possibility is an underused plot for murder mysteries. \"But " -"the DNA shows with 100 percent certainty that she was not the person whose " -"blood was at the scene. . . .\"" +"the skin. This possibility is an underused plot for murder " +"mysteries. <quote>But the DNA shows with 100 percent certainty that she was " +"not the person whose blood was at the scene. …</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8559 +#: freeculture.xml:9364 msgid "" "Before I had read about chimeras, I would have said they were impossible. A " "single person can't have two sets of DNA. The very idea of DNA is that it is " "the code of an individual. Yet in fact, not only can two individuals have " "the same set of DNA (identical twins), but one person can have two different " -"sets of DNA (a chimera). Our understanding of a \"person\" should reflect " -"this reality." +"sets of DNA (a chimera). Our understanding of a <quote>person</quote> should " +"reflect this reality." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8567 +#: freeculture.xml:9372 msgid "" "The more I work to understand the current struggle over copyright and " "culture, which I've sometimes called unfairly, and sometimes not unfairly " -"enough, \"the copyright wars,\" the more I think we're dealing with a " -"chimera. For example, in the battle over the question \"What is p2p file " -"sharing?\" both sides have it right, and both sides have it wrong. One side " -"says, \"File sharing is just like two kids taping each others' " -"records—the sort of thing we've been doing for the last thirty years " -"without any question at all.\" That's true, at least in part. When I tell my " -"best friend to try out a new CD that I've bought, but rather than just send " -"the CD, I point him to my p2p server, that is, in all relevant respects, " -"just like what every executive in every recording company no doubt did as a " -"kid: sharing music." +"enough, <quote>the copyright wars,</quote> the more I think we're dealing " +"with a chimera. For example, in the battle over the question <quote>What is " +"p2p file sharing?</quote> both sides have it right, and both sides have it " +"wrong. One side says, <quote>File sharing is just like two kids taping each " +"others' records—the sort of thing we've been doing for the last thirty " +"years without any question at all.</quote> That's true, at least in " +"part. When I tell my best friend to try out a new CD that I've bought, but " +"rather than just send the CD, I point him to my p2p server, that is, in all " +"relevant respects, just like what every executive in every recording company " +"no doubt did as a kid: sharing music." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8581 +#: freeculture.xml:9386 msgid "" "But the description is also false in part. For when my p2p server is on a " "p2p network through which anyone can get access to my music, then sure, my " -"friends can get access, but it stretches the meaning of \"friends\" beyond " -"recognition to say \"my ten thousand best friends\" can get access. Whether " -"or not sharing my music with my best friend is what \"we have always been " -"allowed to do,\" we have not always been allowed to share music with \"our " -"ten thousand best friends.\"" +"friends can get access, but it stretches the meaning of " +"<quote>friends</quote> beyond recognition to say <quote>my ten thousand best " +"friends</quote> can get access. Whether or not sharing my music with my best " +"friend is what <quote>we have always been allowed to do,</quote> we have not " +"always been allowed to share music with <quote>our ten thousand best " +"friends.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8590 +#: freeculture.xml:9395 msgid "" -"Likewise, when the other side says, \"File sharing is just like walking into " -"a Tower Records and taking a CD off the shelf and walking out with it,\" " -"that's true, at least in part. If, after Lyle Lovett (finally) releases a " -"new album, rather than buying it, I go to Kazaa and find a free copy to " -"take, that is very much like stealing a copy from Tower. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"Likewise, when the other side says, <quote>File sharing is just like walking " +"into a Tower Records and taking a CD off the shelf and walking out with " +"it,</quote> that's true, at least in part. If, after Lyle Lovett (finally) " +"releases a new album, rather than buying it, I go to Kazaa and find a free " +"copy to take, that is very much like stealing a copy from Tower. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. PAGE BREAK 189 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8601 +#: freeculture.xml:9406 msgid "" "But it is not quite stealing from Tower. After all, when I take a CD from " "Tower Records, Tower has one less CD to sell. And when I take a CD from " @@ -11292,7 +13280,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8611 +#: freeculture.xml:9416 msgid "" "The point is not that it is as neither side describes. The point is that it " "is both—both as the RIAA describes it and as Kazaa describes it. It is " @@ -11301,23 +13289,34 @@ msgid "" "rules should govern it?" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9432 freeculture.xml:9719 freeculture.xml:10814 +msgid "ISPs (Internet service providers), user identities revealed by" +msgstr "" + +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:9463 +msgid "Conyers, John, Jr." +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:8657 freeculture.xml:9365 +#: freeculture.xml:9464 freeculture.xml:10211 msgid "Berman, Howard L." msgstr "" #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:8627 -msgid "" -"For an excellent summary, see the report prepared by GartnerG2 and the " -"Berkman Center for Internet and Society at Harvard Law School, \"Copyright " -"and Digital Media in a Post-Napster World,\" 27 June 2003, available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #33</ulink>. Reps. John " -"Conyers Jr. (D-Mich.) and Howard L. Berman (D-Calif.) have introduced a bill " -"that would treat unauthorized on-line copying as a felony offense with " +#: freeculture.xml:9432 +msgid "" +"<placeholder type=\"indexterm\" id=\"0\"/> For an excellent summary, see the " +"report prepared by GartnerG2 and the Berkman Center for Internet and Society " +"at Harvard Law School, <quote>Copyright and Digital Media in a Post-Napster " +"World,</quote> 27 June 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #33</ulink>. Reps. John Conyers " +"Jr. (D-Mich.) and Howard L. Berman (D-Calif.) have introduced a bill that " +"would treat unauthorized on-line copying as a felony offense with " "punishments ranging as high as five years imprisonment; see Jon Healey, " -"\"House Bill Aims to Up Stakes on Piracy,\" <citetitle>Los Angeles " -"Times</citetitle>, 17 July 2003, available at <ulink " +"<quote>House Bill Aims to Up Stakes on Piracy,</quote> <citetitle>Los " +"Angeles Times</citetitle>, 17 July 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #34</ulink>. Civil penalties are " "currently set at $150,000 per copied song. For a recent (and unsuccessful) " "legal challenge to the RIAA's demand that an ISP reveal the identity of a " @@ -11330,18 +13329,19 @@ msgid "" "$17,500 for four students accused of heavy file sharing on university " "networks must have seemed a mere pittance next to the $98 billion the RIAA " "could seek should the matter proceed to court. See Elizabeth Young, " -"\"Downloading Could Lead to Fines,\" redandblack.com, August 2003, available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #35</ulink>. For an " -"example of the RIAA's targeting of student file sharing, and of the " -"subpoenas issued to universities to reveal student file-sharer identities, " -"see James Collins, \"RIAA Steps Up Bid to Force BC, MIT to Name Students,\" " -"<citetitle>Boston Globe</citetitle>, 8 August 2003, D3, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #36</ulink>. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"<quote>Downloading Could Lead to Fines,</quote> redandblack.com, August " +"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#35</ulink>. For an example of the RIAA's targeting of student file sharing, " +"and of the subpoenas issued to universities to reveal student file-sharer " +"identities, see James Collins, <quote>RIAA Steps Up Bid to Force BC, MIT to " +"Name Students,</quote> <citetitle>Boston Globe</citetitle>, 8 August 2003, " +"D3, available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#36</ulink>. <placeholder type=\"indexterm\" id=\"1\"/> <placeholder " +"type=\"indexterm\" id=\"2\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8618 +#: freeculture.xml:9423 msgid "" "We could respond by simply pretending that it is not a chimera. We could, " "with the RIAA, decide that every act of file sharing should be a felony. We " @@ -11354,7 +13354,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8663 +#: freeculture.xml:9470 msgid "" "Alternatively, we could respond to file sharing the way many kids act as " "though we've responded. We could totally legalize it. Let there be no " @@ -11364,7 +13364,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8670 +#: freeculture.xml:9477 msgid "" "Either response is possible. I think either would be a mistake. Rather than " "embrace one of these two extremes, we should embrace something that " @@ -11378,7 +13378,7 @@ msgstr "" #. PAGE BREAK 190 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8682 +#: freeculture.xml:9489 msgid "" "Yet zero tolerance is increasingly our government's policy. In the middle of " "the chaos that the Internet has created, an extraordinary land grab is " @@ -11389,28 +13389,28 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8690 +#: freeculture.xml:9497 msgid "" -"I'm not talking about the opportunities for kids to \"steal\" music. My " -"focus instead is the commercial and cultural innovation that this war will " -"also kill. We have never seen the power to innovate spread so broadly among " -"our citizens, and we have just begun to see the innovation that this power " -"will unleash. Yet the Internet has already seen the passing of one cycle of " -"innovation around technologies to distribute content. The law is responsible " -"for this passing. As the vice president for global public policy at one of " -"these new innovators, eMusic.com, put it when criticizing the DMCA's added " -"protection for copyrighted material," +"I'm not talking about the opportunities for kids to <quote>steal</quote> " +"music. My focus instead is the commercial and cultural innovation that this " +"war will also kill. We have never seen the power to innovate spread so " +"broadly among our citizens, and we have just begun to see the innovation " +"that this power will unleash. Yet the Internet has already seen the passing " +"of one cycle of innovation around technologies to distribute content. The " +"law is responsible for this passing. As the vice president for global public " +"policy at one of these new innovators, eMusic.com, put it when criticizing " +"the DMCA's added protection for copyrighted material," msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:8703 +#: freeculture.xml:9510 msgid "" "eMusic opposes music piracy. We are a distributor of copyrighted material, " "and we want to protect those rights." msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:8707 +#: freeculture.xml:9514 msgid "" "But building a technology fortress that locks in the clout of the major " "labels is by no means the only way to protect copyright interests, nor is it " @@ -11421,7 +13421,7 @@ msgstr "" #. f3. #. type: Content of: <book><part><chapter><blockquote><para><footnote><para> -#: freeculture.xml:8725 +#: freeculture.xml:9531 msgid "" "WIPO and the DMCA One Year Later: Assessing Consumer Access to Digital " "Entertainment on the Internet and Other Media: Hearing Before the " @@ -11432,7 +13432,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:8715 +#: freeculture.xml:9521 msgid "" "This is a critical point. The choices that industry sectors make with " "respect to these systems will in many ways directly shape the market for " @@ -11445,20 +13445,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:8739 freeculture.xml:9092 +#: freeculture.xml:9545 freeculture.xml:9919 msgid "Vivendi Universal" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8736 +#: freeculture.xml:9542 msgid "" -"In April 2001, eMusic.com was purchased by Vivendi Universal, one of \"the " -"major labels.\" Its position on these matters has now changed. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"In April 2001, eMusic.com was purchased by Vivendi Universal, one of " +"<quote>the major labels.</quote> Its position on these matters has now " +"changed. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8742 +#: freeculture.xml:9548 msgid "" "Reversing our tradition of tolerance now will not merely quash piracy. It " "will sacrifice values that are important to this culture, and will kill " @@ -11466,50 +13466,51 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:8750 -msgid "CHAPTER TWELVE: Harms" +#: freeculture.xml:9556 +msgid "Chapter Twelve: Harms" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8753 +#: freeculture.xml:9558 msgid "" -"To fight \"piracy,\" to protect \"property,\" the content industry has " -"launched a war. Lobbying and lots of campaign contributions have now brought " -"the government into this war. As with any war, this one will have both " -"direct and collateral damage. As with any war of prohibition, these damages " -"will be suffered most by our own people." +"<emphasis role='strong'>To fight</emphasis> <quote>piracy,</quote> to " +"protect <quote>property,</quote> the content industry has launched a " +"war. Lobbying and lots of campaign contributions have now brought the " +"government into this war. As with any war, this one will have both direct " +"and collateral damage. As with any war of prohibition, these damages will be " +"suffered most by our own people." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8761 +#: freeculture.xml:9566 msgid "" "My aim so far has been to describe the consequences of this war, in " -"particular, the consequences for \"free culture.\" But my aim now is to " -"extend this description of consequences into an argument. Is this war " +"particular, the consequences for <quote>free culture.</quote> But my aim now " +"is to extend this description of consequences into an argument. Is this war " "justified?" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8768 +#: freeculture.xml:9572 msgid "" "In my view, it is not. There is no good reason why this time, for the first " "time, the law should defend the old against the new, just when the power of " -"the property called \"intellectual property\" is at its greatest in our " -"history." +"the property called <quote>intellectual property</quote> is at its greatest " +"in our history." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8776 +#: freeculture.xml:9580 msgid "" -"Yet \"common sense\" does not see it this way. Common sense is still on the " -"side of the Causbys and the content industry. The extreme claims of control " -"in the name of property still resonate; the uncritical rejection of " -"\"piracy\" still has play." +"Yet <quote>common sense</quote> does not see it this way. Common sense is " +"still on the side of the Causbys and the content industry. The extreme " +"claims of control in the name of property still resonate; the uncritical " +"rejection of <quote>piracy</quote> still has play." msgstr "" #. PAGE BREAK 193 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:8783 +#: freeculture.xml:9588 msgid "" "There will be many consequences of continuing this war. I want to describe " "just three. All three might be said to be unintended. I am quite confident " @@ -11519,12 +13520,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:8790 +#: freeculture.xml:9595 msgid "Constraining Creators" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8792 +#: freeculture.xml:9597 msgid "" "In the next ten years we will see an explosion of digital technologies. " "These technologies will enable almost anyone to capture and share " @@ -11541,22 +13542,22 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8807 +#: freeculture.xml:9612 msgid "" -"This digital \"capturing and sharing\" is in part an extension of the " -"capturing and sharing that has always been integral to our culture, and in " -"part it is something new. It is continuous with the Kodak, but it explodes " -"the boundaries of Kodak-like technologies. The technology of digital " -"\"capturing and sharing\" promises a world of extraordinarily diverse " -"creativity that can be easily and broadly shared. And as that creativity is " -"applied to democracy, it will enable a broad range of citizens to use " -"technology to express and criticize and contribute to the culture all " -"around." +"This digital <quote>capturing and sharing</quote> is in part an extension of " +"the capturing and sharing that has always been integral to our culture, and " +"in part it is something new. It is continuous with the Kodak, but it " +"explodes the boundaries of Kodak-like technologies. The technology of " +"digital <quote>capturing and sharing</quote> promises a world of " +"extraordinarily diverse creativity that can be easily and broadly " +"shared. And as that creativity is applied to democracy, it will enable a " +"broad range of citizens to use technology to express and criticize and " +"contribute to the culture all around." msgstr "" #. PAGE BREAK 194 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8818 +#: freeculture.xml:9623 msgid "" "Technology has thus given us an opportunity to do something with culture " "that has only ever been possible for individuals in small groups, isolated " @@ -11566,7 +13567,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8828 +#: freeculture.xml:9633 msgid "" "Yet all this is possible only if the activity is presumptively legal. In the " "current regime of legal regulation, it is not. Forget file sharing for a " @@ -11579,67 +13580,78 @@ msgid "" "presumptively illegal." msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:8856 freeculture.xml:8877 -msgid "Worldcom" +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:9643 freeculture.xml:9667 +msgid "WorldCom" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9646 +msgid "doctors malpractice claims against" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:8851 +#: freeculture.xml:9662 msgid "" "See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at " "WorldCom</citetitle> (Hoboken, N.J.: John Wiley & Sons, 2003), 176, 204; " -"for details of the settlement, see MCI press release, \"MCI Wins " -"U.S. District Court Approval for SEC Settlement\" (7 July 2003), available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #37</ulink>. " +"for details of the settlement, see MCI press release, <quote>MCI Wins " +"U.S. District Court Approval for SEC Settlement</quote> (7 July 2003), " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #37</ulink>. " "<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:8872 +#: freeculture.xml:9683 msgid "Bush, George W." msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:8863 +#: freeculture.xml:9674 msgid "" "The bill, modeled after California's tort reform model, was passed in the " "House of Representatives but defeated in a Senate vote in July 2003. For an " -"overview, see Tanya Albert, \"Measure Stalls in Senate: `We'll Be Back,' Say " -"Tort Reformers,\" amednews.com, 28 July 2003, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #38</ulink>, and \"Senate Turns " -"Back Malpractice Caps,\" CBSNews.com, 9 July 2003, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #39</ulink>. President Bush has " -"continued to urge tort reform in recent months. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"overview, see Tanya Albert, <quote>Measure Stalls in Senate: `We'll Be " +"Back,' Say Tort Reformers,</quote> amednews.com, 28 July 2003, available at " +"<ulink url=\"http://free-culture.cc/notes/\">link #38</ulink>, and " +"<quote>Senate Turns Back Malpractice Caps,</quote> CBSNews.com, 9 July 2003, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#39</ulink>. President Bush has continued to urge tort reform in recent " +"months. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8839 +#: freeculture.xml:9649 msgid "" "That presumption will increasingly chill creativity, as the examples of " "extreme penalties for vague infringements continue to proliferate. It is " "impossible to get a clear sense of what's allowed and what's not, and at the " "same time, the penalties for crossing the line are astonishingly harsh. The " -"four students who were threatened by the RIAA ( Jesse Jordan of chapter 3 " -"was just one) were threatened with a $98 billion lawsuit for building search " -"engines that permitted songs to be copied. Yet World-Com—which " -"defrauded investors of $11 billion, resulting in a loss to investors in " -"market capitalization of over $200 billion—received a fine of a mere " -"$750 million.<placeholder type=\"footnote\" id=\"0\"/> And under legislation " -"being pushed in Congress right now, a doctor who negligently removes the " -"wrong leg in an operation would be liable for no more than $250,000 in " -"damages for pain and suffering.<placeholder type=\"footnote\" id=\"1\"/> Can " -"common sense recognize the absurdity in a world where the maximum fine for " -"downloading two songs off the Internet is more than the fine for a doctor's " -"negligently butchering a patient? <placeholder type=\"indexterm\" id=\"2\"/>" +"four students who were threatened by the RIAA (Jesse Jordan of chapter <xref " +"xrefstyle=\"select: labelnumber\" linkend=\"catalogs\"/> was just one) were " +"threatened with a $98 billion lawsuit for building search engines that " +"permitted songs to be copied. Yet World-Com—which defrauded investors " +"of $11 billion, resulting in a loss to investors in market capitalization of " +"over $200 billion—received a fine of a mere $750 million.<placeholder " +"type=\"footnote\" id=\"0\"/> And under legislation being pushed in Congress " +"right now, a doctor who negligently removes the wrong leg in an operation " +"would be liable for no more than $250,000 in damages for pain and " +"suffering.<placeholder type=\"footnote\" id=\"1\"/> Can common sense " +"recognize the absurdity in a world where the maximum fine for downloading " +"two songs off the Internet is more than the fine for a doctor's negligently " +"butchering a patient?" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9689 +msgid "art, underground" msgstr "" #. f3. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:8899 +#: freeculture.xml:9710 msgid "" -"See Danit Lidor, \"Artists Just Wanna Be Free,\" " +"See Danit Lidor, <quote>Artists Just Wanna Be Free,</quote> " "<citetitle>Wired</citetitle>, 7 July 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #40</ulink>. For an overview of " "the exhibition, see <ulink url=\"http://free-culture.cc/notes/\">link " @@ -11647,27 +13659,27 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8880 +#: freeculture.xml:9691 msgid "" "The consequence of this legal uncertainty, tied to these extremely high " "penalties, is that an extraordinary amount of creativity will either never " "be exercised, or never be exercised in the open. We drive this creative " -"process underground by branding the modern-day Walt Disneys \"pirates.\" We " -"make it impossible for businesses to rely upon a public domain, because the " -"boundaries of the public domain are designed to be unclear. It never pays to " -"do anything except pay for the right to create, and hence only those who can " -"pay are allowed to create. As was the case in the Soviet Union, though for " -"very different reasons, we will begin to see a world of underground " -"art—not because the message is necessarily political, or because the " -"subject is controversial, but because the very act of creating the art is " -"legally fraught. Already, exhibits of \"illegal art\" tour the United " -"States.<placeholder type=\"footnote\" id=\"0\"/> In what does their " -"\"illegality\" consist? In the act of mixing the culture around us with an " -"expression that is critical or reflective." +"process underground by branding the modern-day Walt Disneys " +"<quote>pirates.</quote> We make it impossible for businesses to rely upon a " +"public domain, because the boundaries of the public domain are designed to " +"be unclear. It never pays to do anything except pay for the right to create, " +"and hence only those who can pay are allowed to create. As was the case in " +"the Soviet Union, though for very different reasons, we will begin to see a " +"world of underground art—not because the message is necessarily " +"political, or because the subject is controversial, but because the very act " +"of creating the art is legally fraught. Already, exhibits of <quote>illegal " +"art</quote> tour the United States.<placeholder type=\"footnote\" id=\"0\"/> " +"In what does their <quote>illegality</quote> consist? In the act of mixing " +"the culture around us with an expression that is critical or reflective." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8909 +#: freeculture.xml:9721 msgid "" "Part of the reason for this fear of illegality has to do with the changing " "law. I described that change in detail in chapter <xref xrefstyle=\"select: " @@ -11681,7 +13693,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8921 +#: freeculture.xml:9734 msgid "" "Never in our history has a painter had to worry about whether his painting " "infringed on someone else's work; but the modern-day painter, using the " @@ -11695,7 +13707,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8932 +#: freeculture.xml:9745 msgid "" "Lawyers rarely see this because lawyers are rarely empirical. As I described " "in chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"recorders\"/>, " @@ -11706,7 +13718,7 @@ msgstr "" #. PAGE BREAK 196 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8943 +#: freeculture.xml:9756 msgid "" "But fair use in America simply means the right to hire a lawyer to defend " "your right to create. And as lawyers love to forget, our system for " @@ -11719,57 +13731,67 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8953 +#: freeculture.xml:9766 msgid "" "Judges and lawyers can tell themselves that fair use provides adequate " -"\"breathing room\" between regulation by the law and the access the law " -"should allow. But it is a measure of how out of touch our legal system has " -"become that anyone actually believes this. The rules that publishers impose " -"upon writers, the rules that film distributors impose upon filmmakers, the " -"rules that newspapers impose upon journalists— these are the real laws " -"governing creativity. And these rules have little relationship to the " -"\"law\" with which judges comfort themselves." +"<quote>breathing room</quote> between regulation by the law and the access " +"the law should allow. But it is a measure of how out of touch our legal " +"system has become that anyone actually believes this. The rules that " +"publishers impose upon writers, the rules that film distributors impose upon " +"filmmakers, the rules that newspapers impose upon journalists— these " +"are the real laws governing creativity. And these rules have little " +"relationship to the <quote>law</quote> with which judges comfort themselves." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8964 +#: freeculture.xml:9777 msgid "" "For in a world that threatens $150,000 for a single willful infringement of " "a copyright, and which demands tens of thousands of dollars to even defend " "against a copyright infringement claim, and which would never return to the " "wrongfully accused defendant anything of the costs she suffered to defend " "her right to speak—in that world, the astonishingly broad regulations " -"that pass under the name \"copyright\" silence speech and creativity. And in " -"that world, it takes a studied blindness for people to continue to believe " -"they live in a culture that is free." +"that pass under the name <quote>copyright</quote> silence speech and " +"creativity. And in that world, it takes a studied blindness for people to " +"continue to believe they live in a culture that is free." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8975 +#: freeculture.xml:9788 msgid "As Jed Horovitz, the businessman behind Video Pipeline, said to me," msgstr "" #. PAGE BREAK 197 #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:8979 +#: freeculture.xml:9792 msgid "" "We're losing [creative] opportunities right and left. Creative people are " "being forced not to express themselves. Thoughts are not being " "expressed. And while a lot of stuff may [still] be created, it still won't " -"get distributed. Even if the stuff gets made . . . you're not going to get " -"it distributed in the mainstream media unless you've got a little note from " -"a lawyer saying, \"This has been cleared.\" You're not even going to get it " -"on PBS without that kind of permission. That's the point at which they " -"control it." +"get distributed. Even if the stuff gets made … you're not going to " +"get it distributed in the mainstream media unless you've got a little note " +"from a lawyer saying, <quote>This has been cleared.</quote> You're not even " +"going to get it on PBS without that kind of permission. That's the point at " +"which they control it." msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:8992 +#: freeculture.xml:9805 msgid "Constraining Innovators" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:9806 +msgid "innovation hampered by" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:9807 +msgid "industry establishment opposed to" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:8994 +#: freeculture.xml:9810 msgid "" "The story of the last section was a crunchy-lefty story—creativity " "quashed, artists who can't speak, yada yada yada. Maybe that doesn't get you " @@ -11780,19 +13802,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9002 +#: freeculture.xml:9819 msgid "" "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." +"ideologue. And if you're one of these sorts (and a special one at that, " +"<xref xrefstyle=\"select: pagenumber\" linkend=\"innovators\"/> pages into a " +"book like this), then you can see this other aspect by substituting " +"<quote>free market</quote> every place I've spoken of <quote>free " +"culture.</quote> The point is the same, even if the interests affecting " +"culture are more fundamental." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9011 +#: freeculture.xml:9830 msgid "" "The charge I've been making about the regulation of culture is the same " "charge free marketers make about regulating markets. Everyone, of course, " @@ -11807,13 +13830,18 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:9023 freeculture.xml:9130 +#: freeculture.xml:9843 freeculture.xml:9964 freeculture.xml:9970 msgid "Barry, Hank" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9844 freeculture.xml:9976 +msgid "venture capitalists" +msgstr "" + #. PAGE BREAK 198 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9025 +#: freeculture.xml:9846 msgid "" "This is the single most dramatic effect of the shift in regulatory strategy " "that I described in chapter <xref xrefstyle=\"select: labelnumber\" " @@ -11823,20 +13851,35 @@ msgid "" "sign-off from last generation's dominant industries. That lesson has been " "taught through a series of cases that were designed and executed to teach " "venture capitalists a lesson. That lesson—what former Napster CEO Hank " -"Barry calls a \"nuclear pall\" that has fallen over the Valley—has " -"been learned." +"Barry calls a <quote>nuclear pall</quote> that has fallen over the " +"Valley—has been learned." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9038 +#: freeculture.xml:9861 msgid "" "Consider one example to make the point, a story whose beginning I told in " "<citetitle>The Future of Ideas</citetitle> and which has progressed in a way " "that even I (pessimist extraordinaire) would never have predicted." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9865 +msgid "MP3.com" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9866 +msgid "my.mp3.com" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9867 +msgid "Roberts, Michael" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9043 +#: freeculture.xml:9869 msgid "" "In 1997, Michael Roberts launched a company called MP3.com. MP3.com was " "keen to remake the music business. Their goal was not just to facilitate new " @@ -11846,18 +13889,23 @@ msgid "" "the creators." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:9877 +msgid "preference data on" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9051 +#: freeculture.xml:9879 msgid "" "To make this system work, however, MP3.com needed a reliable way to " "recommend music to its users. The idea behind this alternative was to " "leverage the revealed preferences of music listeners to recommend new " "artists. If you like Lyle Lovett, you're likely to enjoy Bonnie Raitt. And " -"so on. <placeholder type=\"indexterm\" id=\"0\"/>" +"so on." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9059 +#: freeculture.xml:9886 msgid "" "This idea required a simple way to gather data about user preferences. " "MP3.com came up with an extraordinarily clever way to gather this preference " @@ -11872,7 +13920,7 @@ msgstr "" #. PAGE BREAK 199 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9071 +#: freeculture.xml:9898 msgid "" "No doubt some could use this system to illegally copy content. But that " "opportunity existed with or without MP3.com. The aim of the my.mp3.com " @@ -11882,7 +13930,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9080 +#: freeculture.xml:9908 msgid "" "To make this system function, however, MP3.com needed to copy 50,000 CDs to " "a server. (In principle, it could have been the user who uploaded the music, " @@ -11895,8 +13943,18 @@ msgid "" "something they had already bought." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:9920 freeculture.xml:9965 +msgid "distribution technology targeted in" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:9925 +msgid "outsize penalties of" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9095 +#: freeculture.xml:9927 msgid "" "Nine days after MP3.com launched its service, the five major labels, headed " "by the RIAA, brought a lawsuit against MP3.com. MP3.com settled with four of " @@ -11908,12 +13966,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9105 +#: freeculture.xml:9937 msgid "That part of the story I have told before. Now consider its conclusion." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9108 +#: freeculture.xml:9940 msgid "" "After Vivendi purchased MP3.com, Vivendi turned around and filed a " "malpractice lawsuit against the lawyers who had advised it that they had a " @@ -11926,7 +13984,7 @@ msgstr "" #. PAGE BREAK 200 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9118 +#: freeculture.xml:9951 msgid "" "The clear purpose of this lawsuit (which was settled for an unspecified " "amount shortly after the story was no longer covered in the press) was to " @@ -11938,30 +13996,61 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:9129 +#: freeculture.xml:9966 +msgid "BMW" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9967 +msgid "cars, MP3 sound systems in" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9969 msgid "Hummer, John" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9971 +msgid "Hummer Winblad" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9972 +msgid "MP3 players" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:9973 +msgid "venture capital for" +msgstr "" + +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary> +#: freeculture.xml:9974 freeculture.xml:10020 +msgid "Needleman, Rafe" +msgstr "" + #. f4. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9138 +#: freeculture.xml:9984 msgid "" -"See Joseph Menn, \"Universal, EMI Sue Napster Investor,\" <citetitle>Los " -"Angeles Times</citetitle>, 23 April 2003. For a parallel argument about the " -"effects on innovation in the distribution of music, see Janelle Brown, \"The " -"Music Revolution Will Not Be Digitized,\" Salon.com, 1 June 2001, available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #42</ulink>. See also " -"Jon Healey, \"Online Music Services Besieged,\" <citetitle>Los Angeles " -"Times</citetitle>, 28 May 2001." +"See Joseph Menn, <quote>Universal, EMI Sue Napster Investor,</quote> " +"<citetitle>Los Angeles Times</citetitle>, 23 April 2003. For a parallel " +"argument about the effects on innovation in the distribution of music, see " +"Janelle Brown, <quote>The Music Revolution Will Not Be Digitized,</quote> " +"Salon.com, 1 June 2001, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #42</ulink>. See also Jon " +"Healey, <quote>Online Music Services Besieged,</quote> <citetitle>Los " +"Angeles Times</citetitle>, 28 May 2001." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9132 +#: freeculture.xml:9978 msgid "" "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 (Hank Barry).<placeholder " +"cofounder (John Hummer), and general partner (Hank Barry).<placeholder " "type=\"footnote\" id=\"0\"/> The claim here, as well, was that the VC should " "have recognized the right of the content industry to control how the " "industry should develop. They should be held personally liable for funding a " @@ -11975,59 +14064,49 @@ msgid "" "Rafe Needleman describes a discussion with BMW:" msgstr "" -#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary> -#: freeculture.xml:9159 -msgid "BMW" -msgstr "" - -#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary> -#: freeculture.xml:9174 -msgid "Needleman, Rafe" -msgstr "" - #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:9170 +#: freeculture.xml:10016 msgid "" -"Rafe Needleman, \"Driving in Cars with MP3s,\" <citetitle>Business " -"2.0</citetitle>, 16 June 2003, available at <ulink " +"Rafe Needleman, <quote>Driving in Cars with MP3s,</quote> " +"<citetitle>Business 2.0</citetitle>, 16 June 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #43</ulink>. I am grateful to " "Dr. Mohammad Al-Ubaydli for this example. <placeholder type=\"indexterm\" " "id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:9161 +#: freeculture.xml:10007 msgid "" "I asked why, with all the storage capacity and computer power in the car, " "there was no way to play MP3 files. I was told that BMW engineers in Germany " "had rigged a new vehicle to play MP3s via the car's built-in sound system, " "but that the company's marketing and legal departments weren't comfortable " "with pushing this forward for release stateside. Even today, no new cars are " -"sold in the United States with bona fide MP3 players. . . . <placeholder " +"sold in the United States with bona fide MP3 players. … <placeholder " "type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9179 +#: freeculture.xml:10028 msgid "" -"This is the world of the mafia—filled with \"your money or your life\" " -"offers, governed in the end not by courts but by the threats that the law " -"empowers copyright holders to exercise. It is a system that will obviously " -"and necessarily stifle new innovation. It is hard enough to start a " -"company. It is impossibly hard if that company is constantly threatened by " -"litigation." +"This is the world of the mafia—filled with <quote>your money or your " +"life</quote> offers, governed in the end not by courts but by the threats " +"that the law empowers copyright holders to exercise. It is a system that " +"will obviously and necessarily stifle new innovation. It is hard enough to " +"start a company. It is impossibly hard if that company is constantly " +"threatened by litigation." msgstr "" #. PAGE BREAK 201 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9189 +#: freeculture.xml:10038 msgid "" "The point is not that businesses should have a right to start illegal " -"enterprises. The point is the definition of \"illegal.\" The law is a mess " -"of uncertainty. We have no good way to know how it should apply to new " -"technologies. Yet by reversing our tradition of judicial deference, and by " -"embracing the astonishingly high penalties that copyright law imposes, that " -"uncertainty now yields a reality which is far more conservative than is " +"enterprises. The point is the definition of <quote>illegal.</quote> The law " +"is a mess of uncertainty. We have no good way to know how it should apply to " +"new technologies. Yet by reversing our tradition of judicial deference, and " +"by embracing the astonishingly high penalties that copyright law imposes, " +"that uncertainty now yields a reality which is far more conservative than is " "right. If the law imposed the death penalty for parking tickets, we'd not " "only have fewer parking tickets, we'd also have much less driving. The same " "principle applies to innovation. If innovation is constantly checked by this " @@ -12036,22 +14115,22 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9204 +#: freeculture.xml:10053 msgid "" "The point is directly parallel to the crunchy-lefty point about fair " -"use. Whatever the \"real\" law is, realism about the effect of law in both " -"contexts is the same. This wildly punitive system of regulation will " -"systematically stifle creativity and innovation. It will protect some " +"use. Whatever the <quote>real</quote> law is, realism about the effect of " +"law in both contexts is the same. This wildly punitive system of regulation " +"will systematically stifle creativity and innovation. It will protect some " "industries and some creators, but it will harm industry and creativity " "generally. Free market and free culture depend upon vibrant competition. " "Yet the effect of the law today is to stifle just this kind of competition. " "The effect is to produce an overregulated culture, just as the effect of too " -"much control in the market is to produce an overregulatedregulated market." +"much control in the market is to produce an overregulated-regulated market." msgstr "" #. PAGE BREAK 202 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9216 +#: freeculture.xml:10065 msgid "" "The building of a permission culture, rather than a free culture, is the " "first important way in which the changes I have described will burden " @@ -12066,7 +14145,13 @@ msgid "" "least do everything it can to limit the reach of the law where the law is " "not doing any good. The transaction costs buried within a permission culture " "are enough to bury a wide range of creativity. Someone needs to do a lot of " -"justifying to justify that result. The uncertainty of the law is one burden " +"justifying to justify that result." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10084 +msgid "" +"<emphasis role='strong'>The uncertainty</emphasis> of the law is one burden " "on innovation. There is a second burden that operates more directly. This is " "the effort by many in the content industry to use the law to directly " "regulate the technology of the Internet so that it better protects their " @@ -12074,54 +14159,54 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9238 +#: freeculture.xml:10091 msgid "" "The motivation for this response is obvious. The Internet enables the " "efficient spread of content. That efficiency is a feature of the Internet's " "design. But from the perspective of the content industry, this feature is a " -"\"bug.\" The efficient spread of content means that content distributors " -"have a harder time controlling the distribution of content. One obvious " -"response to this efficiency is thus to make the Internet less efficient. If " -"the Internet enables \"piracy,\" then, this response says, we should break " -"the kneecaps of the Internet." +"<quote>bug.</quote> The efficient spread of content means that content " +"distributors have a harder time controlling the distribution of content. " +"One obvious response to this efficiency is thus to make the Internet less " +"efficient. If the Internet enables <quote>piracy,</quote> then, this " +"response says, we should break the kneecaps of the Internet." msgstr "" #. f6. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9252 +#: freeculture.xml:10106 msgid "" -"\"Copyright and Digital Media in a Post-Napster World,\" GartnerG2 and the " -"Berkman Center for Internet and Society at Harvard Law School (2003), " -"33–35, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#44</ulink>." +"<quote>Copyright and Digital Media in a Post-Napster World,</quote> " +"GartnerG2 and the Berkman Center for Internet and Society at Harvard Law " +"School (2003), 33–35, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #44</ulink>." msgstr "" #. f7. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9268 +#: freeculture.xml:10119 msgid "GartnerG2, 26–27." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9248 +#: freeculture.xml:10102 msgid "" "The examples of this form of legislation are many. At the urging of the " "content industry, some in Congress have threatened legislation that would " "require computers to determine whether the content they access is protected " "or not, and to disable the spread of protected content.<placeholder " "type=\"footnote\" id=\"0\"/> Congress has already launched proceedings to " -"explore a mandatory \"broadcast flag\" that would be required on any device " -"capable of transmitting digital video (i.e., a computer), and that would " -"disable the copying of any content that is marked with a broadcast " -"flag. Other members of Congress have proposed immunizing content providers " -"from liability for technology they might deploy that would hunt down " -"copyright violators and disable their machines.<placeholder " +"explore a mandatory <quote>broadcast flag</quote> that would be required on " +"any device capable of transmitting digital video (i.e., a computer), and " +"that would disable the copying of any content that is marked with a " +"broadcast flag. Other members of Congress have proposed immunizing content " +"providers from liability for technology they might deploy that would hunt " +"down copyright violators and disable their machines.<placeholder " "type=\"footnote\" id=\"1\"/>" msgstr "" #. PAGE BREAK 203 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9273 +#: freeculture.xml:10123 msgid "" "In one sense, these solutions seem sensible. If the problem is the code, why " "not regulate the code to remove the problem. But any regulation of technical " @@ -12130,16 +14215,21 @@ msgid "" "will likely be eclipsed by advances around exactly those requirements." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:10132 freeculture.xml:12042 +msgid "Intel" +msgstr "" + #. f8. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9287 +#: freeculture.xml:10138 msgid "" -"See David McGuire, \"Tech Execs Square Off Over Piracy,\" Newsbytes, " -"February 2002 (Entertainment)." +"See David McGuire, <quote>Tech Execs Square Off Over Piracy,</quote> " +"Newsbytes, February 2002 (Entertainment)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9284 +#: freeculture.xml:10134 msgid "" "In March 2002, a broad coalition of technology companies, led by Intel, " "tried to get Congress to see the harm that such legislation would " @@ -12149,15 +14239,15 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9295 +#: freeculture.xml:10146 msgid "" -"There is one more obvious way in which this war has harmed " -"innovation—again, a story that will be quite familiar to the free " -"market crowd." +"<emphasis role='strong'>There is one</emphasis> more obvious way in which " +"this war has harmed innovation—again, a story that will be quite " +"familiar to the free market crowd." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9301 +#: freeculture.xml:10151 msgid "" "Copyright may be property, but like all property, it is also a form of " "regulation. It is a regulation that benefits some and harms others. When " @@ -12165,29 +14255,36 @@ msgid "" "regulation the powerful use to defeat competitors." msgstr "" +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:10169 +msgid "Digital Copyright (Litman)" +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9313 +#: freeculture.xml:10167 msgid "" "Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst, N.Y.: " -"Prometheus Books, 2001). <placeholder type=\"indexterm\" id=\"0\"/>" +"Prometheus Books, 2001). <placeholder type=\"indexterm\" id=\"0\"/> " +"<placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9307 +#: freeculture.xml:10161 msgid "" "As I described in chapter <xref xrefstyle=\"select: labelnumber\" " "linkend=\"property-i\"/>, despite this feature of copyright as regulation, " "and subject to important qualifications outlined by Jessica Litman in her " "book <citetitle>Digital Copyright</citetitle>,<placeholder type=\"footnote\" " -"id=\"0\"/> overall this history of copyright is not bad. As chapter 10 " -"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 in the " -"case of the VCR) has been another." +"id=\"0\"/> overall this history of copyright is not bad. As chapter <xref " +"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/> 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 in the case of the VCR) has " +"been another." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9324 +#: freeculture.xml:10180 msgid "" "But that pattern of deference to new technologies has now changed with the " "rise of the Internet. Rather than striking a balance between the claims of a " @@ -12196,18 +14293,28 @@ msgid "" "effect of smothering the new to benefit the old." msgstr "" -#. f10. +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:10186 +msgid "radio on" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:10191 +msgid "Grokster, Ltd." +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9333 -msgid "" -"The only circuit court exception is found in <citetitle>Recording Industry " -"Association of America (RIAA)</citetitle> v. <citetitle>Diamond Multimedia " -"Systems</citetitle>, 180 F. 3d 1072 (9th Cir. 1999). There the court of " -"appeals for the Ninth Circuit reasoned that makers of a portable MP3 player " -"were not liable for contributory copyright infringement for a device that is " -"unable to record or redistribute music (a device whose only copying function " -"is to render portable a music file already stored on a user's hard drive). " -"At the district court level, the only exception is found in " +#: freeculture.xml:10191 +msgid "" +"<placeholder type=\"indexterm\" id=\"0\"/> The only circuit court exception " +"is found in <citetitle>Recording Industry Association of America " +"(RIAA)</citetitle> v. <citetitle>Diamond Multimedia Systems</citetitle>, 180 " +"F. 3d 1072 (9th Cir. 1999). There the court of appeals for the Ninth Circuit " +"reasoned that makers of a portable MP3 player were not liable for " +"contributory copyright infringement for a device that is unable to record or " +"redistribute music (a device whose only copying function is to render " +"portable a music file already stored on a user's hard drive). At the " +"district court level, the only exception is found in " "<citetitle>Metro-Goldwyn-Mayer Studios, " "Inc</citetitle>. v. <citetitle>Grokster, Ltd</citetitle>., 259 F. Supp. 2d " "1029 (C.D. Cal., 2003), where the court found the link between the " @@ -12215,27 +14322,38 @@ msgid "" "distributor liable for contributory or vicarious infringement liability." msgstr "" +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:10210 +msgid "Tauzin, Billy" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:10212 +msgid "Hollings, Fritz" +msgstr "" + #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9351 -msgid "" -"For example, in July 2002, Representative Howard Berman introduced the " -"Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize " -"copyright holders from liability for damage done to computers when the " -"copyright holders use technology to stop copyright infringement. In August " -"2002, Representative Billy Tauzin introduced a bill to mandate that " -"technologies capable of rebroadcasting digital copies of films broadcast on " -"TV (i.e., computers) respect a \"broadcast flag\" that would disable copying " -"of that content. And in March of the same year, Senator Fritz Hollings " -"introduced the Consumer Broadband and Digital Television Promotion Act, " -"which mandated copyright protection technology in all digital media " -"devices. See GartnerG2, \"Copyright and Digital Media in a Post-Napster " -"World,\" 27 June 2003, 33–34, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #44</ulink>. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +#: freeculture.xml:10210 +msgid "" +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> <placeholder " +"type=\"indexterm\" id=\"3\"/> For example, in July 2002, Representative " +"Howard Berman introduced the Peer-to-Peer Piracy Prevention Act (H.R. 5211), " +"which would immunize copyright holders from liability for damage done to " +"computers when the copyright holders use technology to stop copyright " +"infringement. In August 2002, Representative Billy Tauzin introduced a bill " +"to mandate that technologies capable of rebroadcasting digital copies of " +"films broadcast on TV (i.e., computers) respect a <quote>broadcast " +"flag</quote> that would disable copying of that content. And in March of the " +"same year, Senator Fritz Hollings introduced the Consumer Broadband and " +"Digital Television Promotion Act, which mandated copyright protection " +"technology in all digital media devices. See GartnerG2, <quote>Copyright and " +"Digital Media in a Post-Napster World,</quote> 27 June 2003, 33–34, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #44</ulink>." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9331 +#: freeculture.xml:10189 msgid "" "The response by the courts has been fairly universal.<placeholder " "type=\"footnote\" id=\"0\"/> It has been mirrored in the responses " @@ -12247,20 +14365,21 @@ msgstr "" #. PAGE BREAK 204 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9373 +#: freeculture.xml:10237 msgid "" "As I described in chapter <xref xrefstyle=\"select: labelnumber\" " "linkend=\"pirates\"/>, when a radio station plays a song, the recording " -"artist doesn't get paid for that \"radio performance\" unless he or she is " -"also the composer. So, for example if Marilyn Monroe had recorded a version " -"of \"Happy Birthday\"—to memorialize her famous performance before " -"President Kennedy at Madison Square Garden— then whenever that " -"recording was played on the radio, the current copyright owners of \"Happy " -"Birthday\" would get some money, whereas Marilyn Monroe would not." +"artist doesn't get paid for that <quote>radio performance</quote> unless he " +"or she is also the composer. So, for example if Marilyn Monroe had recorded " +"a version of <quote>Happy Birthday</quote>—to memorialize her famous " +"performance before President Kennedy at Madison Square Garden— then " +"whenever that recording was played on the radio, the current copyright " +"owners of <quote>Happy Birthday</quote> would get some money, whereas " +"Marilyn Monroe would not." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9384 +#: freeculture.xml:10248 msgid "" "The reasoning behind this balance struck by Congress makes some sense. The " "justification was that radio was a kind of advertising. The recording artist " @@ -12273,18 +14392,18 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9395 +#: freeculture.xml:10259 msgid "" "Enter Internet radio. Like regular radio, Internet radio is a technology to " "stream content from a broadcaster to a listener. The broadcast travels " "across the Internet, not across the ether of radio spectrum. Thus, I can " -"\"tune in\" to an Internet radio station in Berlin while sitting in San " -"Francisco, even though there's no way for me to tune in to a regular radio " -"station much beyond the San Francisco metropolitan area." +"<quote>tune in</quote> to an Internet radio station in Berlin while sitting " +"in San Francisco, even though there's no way for me to tune in to a regular " +"radio station much beyond the San Francisco metropolitan area." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9404 +#: freeculture.xml:10268 msgid "" "This feature of the architecture of Internet radio means that there are " "potentially an unlimited number of radio stations that a user could tune in " @@ -12300,7 +14419,7 @@ msgstr "" #. PAGE BREAK 205 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9419 +#: freeculture.xml:10284 msgid "" "Internet radio is thus to radio what FM was to AM. It is an improvement " "potentially vastly more significant than the FM improvement over AM, since " @@ -12312,18 +14431,18 @@ msgstr "" #. f12. #. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> -#: freeculture.xml:9443 +#: freeculture.xml:10308 msgid "Lessing, 239." msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:9429 +#: freeculture.xml:10294 msgid "" "An almost unlimited number of FM stations was possible in the shortwaves, " "thus ending the unnatural restrictions imposed on radio in the crowded " "longwaves. If FM were freely developed, the number of stations would be " "limited only by economics and competition rather than by technical " -"restrictions. . . . Armstrong likened the situation that had grown up in " +"restrictions. … Armstrong likened the situation that had grown up in " "radio to that following the invention of the printing press, when " "governments and ruling interests attempted to control this new instrument of " "mass communications by imposing restrictive licenses on it. This tyranny was " @@ -12335,22 +14454,22 @@ msgstr "" #. f13. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9453 +#: freeculture.xml:10318 msgid "Ibid., 229." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9448 +#: freeculture.xml:10313 msgid "" "This potential for FM radio was never realized—not because Armstrong " "was wrong about the technology, but because he underestimated the power of " -"\"vested interests, habits, customs and legislation\"<placeholder " +"<quote>vested interests, habits, customs and legislation</quote><placeholder " "type=\"footnote\" id=\"0\"/> to retard the growth of this competing " "technology." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9458 +#: freeculture.xml:10323 msgid "" "Now the very same claim could be made about Internet radio. For again, there " "is no technical limitation that could restrict the number of Internet radio " @@ -12359,9 +14478,24 @@ msgid "" "what copyright rules would govern Internet radio?" msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:10332 +msgid "on radio" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:10336 +msgid "Internet radio hampered by" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:10337 freeculture.xml:10490 +msgid "on Internet radio fees" +msgstr "" + #. PAGE BREAK 206 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9466 +#: freeculture.xml:10340 msgid "" "But here the power of the lobbyists is reversed. Internet radio is a new " "industry. The recording artists, on the other hand, have a very powerful " @@ -12369,19 +14503,19 @@ msgid "" "radio in 1995, the lobbyists had primed Congress to adopt a different rule " "for Internet radio than the rule that applies to terrestrial radio. While " "terrestrial radio does not have to pay our hypothetical Marilyn Monroe when " -"it plays her hypothetical recording of \"Happy Birthday\" on the air, " -"<emphasis>Internet radio does</emphasis>. Not only is the law not neutral " -"toward Internet radio—the law actually burdens Internet radio more " -"than it burdens terrestrial radio." +"it plays her hypothetical recording of <quote>Happy Birthday</quote> on the " +"air, <emphasis>Internet radio does</emphasis>. Not only is the law not " +"neutral toward Internet radio—the law actually burdens Internet radio " +"more than it burdens terrestrial radio." msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:9505 +#: freeculture.xml:10379 msgid "CARP (Copyright Arbitration Royalty Panel)" msgstr "" #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9488 +#: freeculture.xml:10362 msgid "" "This example was derived from fees set by the original Copyright Arbitration " "Royalty Panel (CARP) proceedings, and is drawn from an example offered by " @@ -12391,19 +14525,19 @@ msgid "" "Zittrain, Digital Performance Right in Sound Recordings and Ephemeral " "Recordings, Docket No. 2000-9, CARP DTRA 1 and 2, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #45</ulink>. For an excellent " -"analysis making a similar point, see Randal C. Picker, \"Copyright as Entry " -"Policy: The Case of Digital Distribution,\" <citetitle>Antitrust " -"Bulletin</citetitle> (Summer/Fall 2002): 461: \"This was not confusion, " +"analysis making a similar point, see Randal C. Picker, <quote>Copyright as " +"Entry Policy: The Case of Digital Distribution,</quote> <citetitle>Antitrust " +"Bulletin</citetitle> (Summer/Fall 2002): 461: <quote>This was not confusion, " "these are just old-fashioned entry barriers. Analog radio stations are " "protected from digital entrants, reducing entry in radio and diversity. Yes, " "this is done in the name of getting royalties to copyright holders, but, " "absent the play of powerful interests, that could have been done in a " -"media-neutral way.\" <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " -"type=\"indexterm\" id=\"1\"/>" +"media-neutral way.</quote> <placeholder type=\"indexterm\" id=\"0\"/> " +"<placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9481 +#: freeculture.xml:10355 msgid "" "This financial burden is not slight. As Harvard law professor William Fisher " "estimates, if an Internet radio station distributed adfree popular music to " @@ -12414,7 +14548,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9512 +#: freeculture.xml:10391 msgid "" "The burden is not financial only. Under the original rules that were " "proposed, an Internet radio station (but not a terrestrial radio station) " @@ -12423,57 +14557,57 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9520 +#: freeculture.xml:10399 msgid "name of the service;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9523 +#: freeculture.xml:10402 msgid "channel of the program (AM/FM stations use station ID);" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9526 +#: freeculture.xml:10405 msgid "type of program (archived/looped/live);" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9529 +#: freeculture.xml:10408 msgid "date of transmission;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9532 +#: freeculture.xml:10411 msgid "time of transmission;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9535 +#: freeculture.xml:10414 msgid "time zone of origination of transmission;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9538 +#: freeculture.xml:10417 msgid "numeric designation of the place of the sound recording within the program;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9541 +#: freeculture.xml:10420 msgid "duration of transmission (to nearest second);" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9544 +#: freeculture.xml:10423 msgid "sound recording title;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9547 +#: freeculture.xml:10426 msgid "ISRC code of the recording;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9550 +#: freeculture.xml:10429 msgid "" "release year of the album per copyright notice and in the case of " "compilation albums, the release year of the album and copy- right date of " @@ -12481,77 +14615,77 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9553 +#: freeculture.xml:10432 msgid "featured recording artist;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9556 +#: freeculture.xml:10435 msgid "retail album title;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9559 +#: freeculture.xml:10438 msgid "recording label;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9562 +#: freeculture.xml:10441 msgid "UPC code of the retail album;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9565 +#: freeculture.xml:10444 msgid "catalog number;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9568 +#: freeculture.xml:10447 msgid "copyright owner information;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9571 +#: freeculture.xml:10450 msgid "musical genre of the channel or program (station format);" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9574 +#: freeculture.xml:10453 msgid "name of the service or entity;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9577 +#: freeculture.xml:10456 msgid "channel or program;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9580 +#: freeculture.xml:10459 msgid "date and time that the user logged in (in the user's time zone);" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9583 +#: freeculture.xml:10462 msgid "date and time that the user logged out (in the user's time zone);" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9586 +#: freeculture.xml:10465 msgid "time zone where the signal was received (user);" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9589 -msgid "Unique User identifier;" +#: freeculture.xml:10468 +msgid "unique user identifier;" msgstr "" #. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> -#: freeculture.xml:9592 +#: freeculture.xml:10471 msgid "the country in which the user received the transmissions." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9597 +#: freeculture.xml:10476 msgid "" "The Librarian of Congress eventually suspended these reporting requirements, " "pending further study. And he also changed the original rates set by the " @@ -12562,15 +14696,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9605 +#: freeculture.xml:10484 msgid "" "Why? What justifies this difference? Was there any study of the economic " "consequences from Internet radio that would justify these differences? Was " "the motive to protect artists against piracy?" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:10488 freeculture.xml:15294 +msgid "Real Networks" +msgstr "" + #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9611 +#: freeculture.xml:10494 msgid "" "In a rare bit of candor, one RIAA expert admitted what seemed obvious to " "everyone at the time. As Alex Alben, vice president for Public Policy at " @@ -12579,30 +14718,30 @@ msgstr "" #. PAGE BREAK 208 #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:9617 +#: freeculture.xml:10500 msgid "" "The RIAA, which was representing the record labels, presented some testimony " "about what they thought a willing buyer would pay to a willing seller, and " "it was much higher. It was ten times higher than what radio stations pay to " "perform the same songs for the same period of time. And so the attorneys " -"representing the webcasters asked the RIAA, . . . \"How do you come up with " -"a rate that's so much higher? Why is it worth more than radio? Because here " -"we have hundreds of thousands of webcasters who want to pay, and that should " -"establish the market rate, and if you set the rate so high, you're going to " -"drive the small webcasters out of business. . . .\"" +"representing the webcasters asked the RIAA, … <quote>How do you come " +"up with a rate that's so much higher? Why is it worth more than radio? " +"Because here we have hundreds of thousands of webcasters who want to pay, " +"and that should establish the market rate, and if you set the rate so high, " +"you're going to drive the small webcasters out of business. …</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:9633 +#: freeculture.xml:10516 msgid "" -"And the RIAA experts said, \"Well, we don't really model this as an industry " -"with thousands of webcasters, <emphasis>we think it should be an industry " -"with, you know, five or seven big players who can pay a high rate and it's a " -"stable, predictable market</emphasis>.\" (Emphasis added.)" +"And the RIAA experts said, <quote>Well, we don't really model this as an " +"industry with thousands of webcasters, <emphasis>we think it should be an " +"industry with, you know, five or seven big players who can pay a high rate " +"and it's a stable, predictable market</emphasis>.</quote> (Emphasis added.)" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9641 +#: freeculture.xml:10528 msgid "" "Translation: The aim is to use the law to eliminate competition, so that " "this platform of potentially immense competition, which would cause the " @@ -12613,12 +14752,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><title> -#: freeculture.xml:9651 +#: freeculture.xml:10544 msgid "Corrupting Citizens" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9653 +#: freeculture.xml:10546 msgid "" "Overregulation stifles creativity. It smothers innovation. It gives " "dinosaurs a veto over the future. It wastes the extraordinary opportunity " @@ -12626,7 +14765,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9659 +#: freeculture.xml:10552 msgid "" "In addition to these important harms, there is one more that was important " "to our forebears, but seems forgotten today. Overregulation corrupts " @@ -12635,10 +14774,10 @@ msgstr "" #. f15. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9668 +#: freeculture.xml:10561 msgid "" -"Mike Graziano and Lee Rainie, \"The Music Downloading Deluge,\" Pew Internet " -"and American Life Project (24 April 2001), available at <ulink " +"Mike Graziano and Lee Rainie, <quote>The Music Downloading Deluge,</quote> " +"Pew Internet and American Life Project (24 April 2001), available at <ulink " "url=\"http://free-culture.cc/notes/\">link #46</ulink>. The Pew Internet " "and American Life Project reported that 37 million Americans had downloaded " "music files from the Internet by early 2001." @@ -12646,7 +14785,7 @@ msgstr "" #. PAGE BREAK 209 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9664 +#: freeculture.xml:10557 msgid "" "The war that is being waged today is a war of prohibition. As with every war " "of prohibition, it is targeted against the behavior of a very large number " @@ -12664,14 +14803,15 @@ msgstr "" #. f16. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9702 +#: freeculture.xml:10595 msgid "" -"Alex Pham, \"The Labels Strike Back: N.Y. Girl Settles RIAA Case,\" " -"<citetitle>Los Angeles Times</citetitle>, 10 September 2003, Business." +"Alex Pham, <quote>The Labels Strike Back: N.Y. Girl Settles RIAA " +"Case,</quote> <citetitle>Los Angeles Times</citetitle>, 10 September 2003, " +"Business." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9689 +#: freeculture.xml:10582 msgid "" "The content industry's tactics exploit the failings of the American legal " "system. When the RIAA brought suit against Jesse Jordan, it knew that in " @@ -12692,18 +14832,23 @@ msgid "" "that those with the power can use the law to quash any rights they oppose." msgstr "" +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:10606 +msgid "alcohol prohibition" +msgstr "" + #. f17. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9724 +#: freeculture.xml:10618 msgid "" -"Jeffrey A. Miron and Jeffrey Zwiebel, \"Alcohol Consumption During " -"Prohibition,\" <citetitle>American Economic Review</citetitle> 81, no. 2 " -"(1991): 242." +"Jeffrey A. Miron and Jeffrey Zwiebel, <quote>Alcohol Consumption During " +"Prohibition,</quote> <citetitle>American Economic Review</citetitle> 81, " +"no. 2 (1991): 242." msgstr "" #. f18. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9732 +#: freeculture.xml:10626 msgid "" "National Drug Control Policy: Hearing Before the House Government Reform " "Committee, 108th Cong., 1st sess. (5 March 2003) (statement of John " @@ -12712,20 +14857,15 @@ msgstr "" #. f19. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9742 +#: freeculture.xml:10636 msgid "" -"See James Andreoni, Brian Erard, and Jonathon Feinstein, \"Tax Compliance,\" " -"<citetitle>Journal of Economic Literature</citetitle> 36 (1998): 818 (survey " -"of compliance literature)." -msgstr "" - -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:9749 -msgid "alcohol prohibition" +"See James Andreoni, Brian Erard, and Jonathon Feinstein, <quote>Tax " +"Compliance,</quote> <citetitle>Journal of Economic Literature</citetitle> 36 " +"(1998): 818 (survey of compliance literature)." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9714 +#: freeculture.xml:10608 msgid "" "Wars of prohibition are nothing new in America. This one is just something " "more extreme than anything we've seen before. We experimented with alcohol " @@ -12741,33 +14881,38 @@ msgid "" "of the population. We regulate automobiles to the point where the vast " "majority of Americans violate the law every day. We run such a complex tax " "system that a majority of cash businesses regularly cheat.<placeholder " -"type=\"footnote\" id=\"2\"/> We pride ourselves on our \"free society,\" but " -"an endless array of ordinary behavior is regulated within our society. And " -"as a result, a huge proportion of Americans regularly violate at least some " -"law. <placeholder type=\"indexterm\" id=\"3\"/>" +"type=\"footnote\" id=\"2\"/> We pride ourselves on our <quote>free " +"society,</quote> but an endless array of ordinary behavior is regulated " +"within our society. And as a result, a huge proportion of Americans " +"regularly violate at least some law." +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:10644 +msgid "law schools" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9752 +#: freeculture.xml:10646 msgid "" "This state of affairs is not without consequence. It is a particularly " "salient issue for teachers like me, whose job it is to teach law students " -"about the importance of \"ethics.\" As my colleague Charlie Nesson told a " -"class at Stanford, each year law schools admit thousands of students who " -"have illegally downloaded music, illegally consumed alcohol and sometimes " -"drugs, illegally worked without paying taxes, illegally driven cars. These " -"are kids for whom behaving illegally is increasingly the norm. And then we, " -"as law professors, are supposed to teach them how to behave " -"ethically—how to say no to bribes, or keep client funds separate, or " -"honor a demand to disclose a document that will mean that your case is " -"over. Generations of Americans—more significantly in some parts of " -"America than in others, but still, everywhere in America today—can't " -"live their lives both normally and legally, since \"normally\" entails a " -"certain degree of illegality." +"about the importance of <quote>ethics.</quote> As my colleague Charlie " +"Nesson told a class at Stanford, each year law schools admit thousands of " +"students who have illegally downloaded music, illegally consumed alcohol and " +"sometimes drugs, illegally worked without paying taxes, illegally driven " +"cars. These are kids for whom behaving illegally is increasingly the " +"norm. And then we, as law professors, are supposed to teach them how to " +"behave ethically—how to say no to bribes, or keep client funds " +"separate, or honor a demand to disclose a document that will mean that your " +"case is over. Generations of Americans—more significantly in some " +"parts of America than in others, but still, everywhere in America " +"today—can't live their lives both normally and legally, since " +"<quote>normally</quote> entails a certain degree of illegality." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9769 +#: freeculture.xml:10663 msgid "" "The response to this general illegality is either to enforce the law more " "severely or to change the law. We, as a society, have to learn how to make " @@ -12781,7 +14926,7 @@ msgstr "" #. PAGE BREAK 211 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9782 +#: freeculture.xml:10676 msgid "" "My point is not the idiotic one: Just because people violate a law, we " "should therefore repeal it. Obviously, we could reduce murder statistics " @@ -12791,7 +14936,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9789 +#: freeculture.xml:10683 msgid "" "My point is instead one that democracies understood for generations, but " "that we recently have learned to forget. The rule of law depends upon people " @@ -12802,13 +14947,13 @@ msgid "" "incarcerate the rapist. But I do care whether my students respect the " "law. And I do care if the rules of law sow increasing disrespect because of " "the extreme of regulation they impose. Twenty million Americans have come " -"of age since the Internet introduced this different idea of \"sharing.\" We " -"need to be able to call these twenty million Americans \"citizens,\" not " -"\"felons.\"" +"of age since the Internet introduced this different idea of " +"<quote>sharing.</quote> We need to be able to call these twenty million " +"Americans <quote>citizens,</quote> not <quote>felons.</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9803 +#: freeculture.xml:10697 msgid "" "When at least forty-three million citizens download content from the " "Internet, and when they use tools to combine that content in ways " @@ -12822,46 +14967,52 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9815 +#: freeculture.xml:10709 msgid "This abstract point can be made more clear with a particular example." msgstr "" #. PAGE BREAK 212 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9818 +#: freeculture.xml:10712 msgid "" "We all own CDs. Many of us still own phonograph records. These pieces of " "plastic encode music that in a certain sense we have bought. The law " "protects our right to buy and sell that plastic: It is not a copyright " "infringement for me to sell all my classical records at a used record store " -"and buy jazz records to replace them. That \"use\" of the recordings is " -"free." +"and buy jazz records to replace them. That <quote>use</quote> of the " +"recordings is free." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9829 +#: freeculture.xml:10723 msgid "" "But as the MP3 craze has demonstrated, there is another use of phonograph " "records that is effectively free. Because these recordings were made without " -"copy-protection technologies, I am \"free\" to copy, or \"rip,\" music from " -"my records onto a computer hard disk. Indeed, Apple Corporation went so far " -"as to suggest that \"freedom\" was a right: In a series of commercials, " -"Apple endorsed the \"Rip, Mix, Burn\" capacities of digital technologies." +"copy-protection technologies, I am <quote>free</quote> to copy, or " +"<quote>rip,</quote> music from my records onto a computer hard disk. Indeed, " +"Apple Corporation went so far as to suggest that <quote>freedom</quote> was " +"a right: In a series of commercials, Apple endorsed the <quote>Rip, Mix, " +"Burn</quote> capacities of digital technologies." msgstr "" #. type: Content of: <book><part><chapter><section><indexterm><primary> -#: freeculture.xml:9837 -msgid "Adromeda" +#: freeculture.xml:10731 +msgid "Andromeda" +msgstr "" + +#. type: Content of: <book><part><chapter><section><indexterm><secondary> +#: freeculture.xml:10732 +msgid "mix technology and" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9839 +#: freeculture.xml:10734 msgid "" -"This \"use\" of my records is certainly valuable. I have begun a large " -"process at home of ripping all of my and my wife's CDs, and storing them in " -"one archive. Then, using Apple's iTunes, or a wonderful program called " -"Andromeda, we can build different play lists of our music: Bach, Baroque, " -"Love Songs, Love Songs of Significant Others—the potential is " +"This <quote>use</quote> of my records is certainly valuable. I have begun a " +"large process at home of ripping all of my and my wife's CDs, and storing " +"them in one archive. Then, using Apple's iTunes, or a wonderful program " +"called Andromeda, we can build different play lists of our music: Bach, " +"Baroque, Love Songs, Love Songs of Significant Others—the potential is " "endless. And by reducing the costs of mixing play lists, these technologies " "help build a creativity with play lists that is itself independently " "valuable. Compilations of songs are creative and meaningful in their own " @@ -12869,7 +15020,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9850 +#: freeculture.xml:10745 msgid "" "This use is enabled by unprotected media—either CDs or records. But " "unprotected media also enable file sharing. File sharing threatens (or so " @@ -12882,7 +15033,7 @@ msgstr "" #. PAGE BREAK 213 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9860 +#: freeculture.xml:10755 msgid "" "If these technologies took off, then the building of large archives of your " "own music would become quite difficult. You might hang in hacker circles, " @@ -12892,11 +15043,11 @@ msgid "" "protection technologies would effectively destroy the archiving use of " "CDs. The technology, in other words, would force us all back to the world " "where we either listened to music by manipulating pieces of plastic or were " -"part of a massively complex \"digital rights management\" system." +"part of a massively complex <quote>digital rights management</quote> system." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9874 +#: freeculture.xml:10770 msgid "" "If the only way to assure that artists get paid were the elimination of the " "ability to freely move content, then these technologies to interfere with " @@ -12908,7 +15059,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9883 +#: freeculture.xml:10779 msgid "" "My point just now is not to prove that there is such a system. I offer a " "version of such a system in the last chapter of this book. For now, the only " @@ -12921,7 +15072,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9894 +#: freeculture.xml:10790 msgid "" "I believe there is a way to assure that artists are paid without turning " "forty-three million Americans into felons. But the salient feature of this " @@ -12933,7 +15084,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9903 +#: freeculture.xml:10799 msgid "" "Except that this generation's buggy manufacturers have already saddled " "Congress, and are riding the law to protect themselves against this new form " @@ -12941,48 +15092,56 @@ msgid "" "as criminals and their own survival." msgstr "" +#. PAGE BREAK 214 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9909 +#: freeculture.xml:10805 msgid "" "It is understandable why they choose as they do. It is not understandable " "why we as a democracy continue to choose as we do. Jack Valenti is charming; " "but not so charming as to justify giving up a tradition as deep and " -"important as our tradition of free culture. There's one more aspect to this " +"important as our tradition of free culture." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10816 +msgid "" +"<emphasis role='strong'>There's one more</emphasis> aspect to this " "corruption that is particularly important to civil liberties, and follows " "directly from any war of prohibition. As Electronic Frontier Foundation " -"attorney Fred von Lohmann describes, this is the \"collateral damage\" that " -"\"arises whenever you turn a very large percentage of the population into " -"criminals.\" This is the collateral damage to civil liberties generally. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"attorney Fred von Lohmann describes, this is the <quote>collateral " +"damage</quote> that <quote>arises whenever you turn a very large percentage " +"of the population into criminals.</quote> This is the collateral damage to " +"civil liberties generally." msgstr "" -#. type: Content of: <book><part><chapter><section><para><indexterm><primary> -#: freeculture.xml:9928 freeculture.xml:10037 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:10824 freeculture.xml:10924 msgid "von Lohmann, Fred" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9926 +#: freeculture.xml:10826 msgid "" -"\"If you can treat someone as a putative lawbreaker,\" von Lohmann explains, " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"<quote>If you can treat someone as a putative lawbreaker,</quote> von " +"Lohmann explains," msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:9932 +#: freeculture.xml:10831 msgid "" "then all of a sudden a lot of basic civil liberty protections evaporate to " -"one degree or another. . . . If you're a copyright infringer, how can you " +"one degree or another. … If you're a copyright infringer, how can you " "hope to have any privacy rights? If you're a copyright infringer, how can " "you hope to be secure against seizures of your computer? How can you hope to " -"continue to receive Internet access? . . . Our sensibilities change as soon " -"as we think, \"Oh, well, but that person's a criminal, a lawbreaker.\" Well, " -"what this campaign against file sharing has done is turn a remarkable " -"percentage of the American Internet-using population into \"lawbreakers.\"" +"continue to receive Internet access? … Our sensibilities change as " +"soon as we think, <quote>Oh, well, but that person's a criminal, a " +"lawbreaker.</quote> Well, what this campaign against file sharing has done " +"is turn a remarkable percentage of the American Internet-using population " +"into <quote>lawbreakers.</quote>" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9944 +#: freeculture.xml:10843 msgid "" "And the consequence of this transformation of the American public into " "criminals is that it becomes trivial, as a matter of due process, to " @@ -12990,7 +15149,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9949 +#: freeculture.xml:10848 msgid "" "Users of the Internet began to see this generally in 2003 as the RIAA " "launched its campaign to force Internet service providers to turn over the " @@ -13002,23 +15161,24 @@ msgstr "" #. f20. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9967 -msgid "" -"See Frank Ahrens, \"RIAA's Lawsuits Meet Surprised Targets; Single Mother in " -"Calif., 12-Year-Old Girl in N.Y. Among Defendants,\" <citetitle>Washington " -"Post</citetitle>, 10 September 2003, E1; Chris Cobbs, \"Worried Parents Pull " -"Plug on File `Stealing'; With the Music Industry Cracking Down on File " -"Swapping, Parents are Yanking Software from Home PCs to Avoid Being Sued,\" " -"<citetitle>Orlando Sentinel Tribune</citetitle>, 30 August 2003, C1; " -"Jefferson Graham, \"Recording Industry Sues Parents,\" <citetitle>USA " -"Today</citetitle>, 15 September 2003, 4D; John Schwartz, \"She Says She's No " -"Music Pirate. No Snoop Fan, Either,\" <citetitle>New York Times</citetitle>, " -"25 September 2003, C1; Margo Varadi, \"Is Brianna a Criminal?\" " +#: freeculture.xml:10866 +msgid "" +"See Frank Ahrens, <quote>RIAA's Lawsuits Meet Surprised Targets; Single " +"Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,</quote> " +"<citetitle>Washington Post</citetitle>, 10 September 2003, E1; Chris Cobbs, " +"<quote>Worried Parents Pull Plug on File `Stealing'; With the Music Industry " +"Cracking Down on File Swapping, Parents are Yanking Software from Home PCs " +"to Avoid Being Sued,</quote> <citetitle>Orlando Sentinel " +"Tribune</citetitle>, 30 August 2003, C1; Jefferson Graham, <quote>Recording " +"Industry Sues Parents,</quote> <citetitle>USA Today</citetitle>, 15 " +"September 2003, 4D; John Schwartz, <quote>She Says She's No Music Pirate. No " +"Snoop Fan, Either,</quote> <citetitle>New York Times</citetitle>, 25 " +"September 2003, C1; Margo Varadi, <quote>Is Brianna a Criminal?</quote> " "<citetitle>Toronto Star</citetitle>, 18 September 2003, P7." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9958 +#: freeculture.xml:10857 msgid "" "The RIAA then expanded this campaign, by announcing a general strategy to " "sue individual users of the Internet who are alleged to have downloaded " @@ -13032,79 +15192,82 @@ msgstr "" #. f21. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:9985 +#: freeculture.xml:10884 msgid "" -"See \"Revealed: How RIAA Tracks Downloaders: Music Industry Discloses Some " -"Methods Used,\" CNN.com, available at <ulink " +"See <quote>Revealed: How RIAA Tracks Downloaders: Music Industry Discloses " +"Some Methods Used,</quote> CNN.com, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #47</ulink>." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9981 +#: freeculture.xml:10880 msgid "" "Even this understates the espionage that is being waged by the RIAA. A " "report from CNN late last summer described a strategy the RIAA had adopted " "to track Napster users.<placeholder type=\"footnote\" id=\"0\"/> Using a " "sophisticated hashing algorithm, the RIAA took what is in effect a " "fingerprint of every song in the Napster catalog. Any copy of one of those " -"MP3s will have the same \"fingerprint.\"" +"MP3s will have the same <quote>fingerprint.</quote>" msgstr "" #. f22. #. type: Content of: <book><part><chapter><section><para><footnote><para> -#: freeculture.xml:10006 -msgid "" -"See Jeff Adler, \"Cambridge: On Campus, Pirates Are Not Penitent,\" " -"<citetitle>Boston Globe</citetitle>, 18 May 2003, City Weekly, 1; Frank " -"Ahrens, \"Four Students Sued over Music Sites; Industry Group Targets File " -"Sharing at Colleges,\" <citetitle>Washington Post</citetitle>, 4 April 2003, " -"E1; Elizabeth Armstrong, \"Students `Rip, Mix, Burn' at Their Own Risk,\" " +#: freeculture.xml:10905 +msgid "" +"See Jeff Adler, <quote>Cambridge: On Campus, Pirates Are Not " +"Penitent,</quote> <citetitle>Boston Globe</citetitle>, 18 May 2003, City " +"Weekly, 1; Frank Ahrens, <quote>Four Students Sued over Music Sites; " +"Industry Group Targets File Sharing at Colleges,</quote> " +"<citetitle>Washington Post</citetitle>, 4 April 2003, E1; Elizabeth " +"Armstrong, <quote>Students `Rip, Mix, Burn' at Their Own Risk,</quote> " "<citetitle>Christian Science Monitor</citetitle>, 2 September 2003, 20; " -"Robert Becker and Angela Rozas, \"Music Pirate Hunt Turns to Loyola; Two " -"Students Names Are Handed Over; Lawsuit Possible,\" <citetitle>Chicago " -"Tribune</citetitle>, 16 July 2003, 1C; Beth Cox, \"RIAA Trains Antipiracy " -"Guns on Universities,\" <citetitle>Internet News</citetitle>, 30 January " -"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#48</ulink>; Benny Evangelista, \"Download Warning 101: Freshman Orientation " -"This Fall to Include Record Industry Warnings Against File Sharing,\" " -"<citetitle>San Francisco Chronicle</citetitle>, 11 August 2003, E11; \"Raid, " -"Letters Are Weapons at Universities,\" <citetitle>USA Today</citetitle>, 26 " +"Robert Becker and Angela Rozas, <quote>Music Pirate Hunt Turns to Loyola; " +"Two Students Names Are Handed Over; Lawsuit Possible,</quote> " +"<citetitle>Chicago Tribune</citetitle>, 16 July 2003, 1C; Beth Cox, " +"<quote>RIAA Trains Antipiracy Guns on Universities,</quote> " +"<citetitle>Internet News</citetitle>, 30 January 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #48</ulink>; Benny Evangelista, " +"<quote>Download Warning 101: Freshman Orientation This Fall to Include " +"Record Industry Warnings Against File Sharing,</quote> <citetitle>San " +"Francisco Chronicle</citetitle>, 11 August 2003, E11; <quote>Raid, Letters " +"Are Weapons at Universities,</quote> <citetitle>USA Today</citetitle>, 26 " "September 2000, 3D." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:9994 +#: freeculture.xml:10893 msgid "" "So imagine the following not-implausible scenario: Imagine a friend gives a " "CD to your daughter—a collection of songs just like the cassettes you " "used to make as a kid. You don't know, and neither does your daughter, where " "these songs came from. But she copies these songs onto her computer. She " "then takes her computer to college and connects it to a college network, and " -"if the college network is \"cooperating\" with the RIAA's espionage, and she " -"hasn't properly protected her content from the network (do you know how to " -"do that yourself ?), then the RIAA will be able to identify your daughter as " -"a \"criminal.\" And under the rules that universities are beginning to " -"deploy,<placeholder type=\"footnote\" id=\"0\"/> your daughter can lose the " -"right to use the university's computer network. She can, in some cases, be " -"expelled." +"if the college network is <quote>cooperating</quote> with the RIAA's " +"espionage, and she hasn't properly protected her content from the network " +"(do you know how to do that yourself ?), then the RIAA will be able to " +"identify your daughter as a <quote>criminal.</quote> And under the rules " +"that universities are beginning to deploy,<placeholder type=\"footnote\" " +"id=\"0\"/> your daughter can lose the right to use the university's computer " +"network. She can, in some cases, be expelled." msgstr "" +#. PAGE BREAK 216 #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:10025 +#: freeculture.xml:10926 msgid "" "Now, of course, she'll have the right to defend herself. You can hire a " "lawyer for her (at $300 per hour, if you're lucky), and she can plead that " "she didn't know anything about the source of the songs or that they came " "from Napster. And it may well be that the university believes her. But the " -"university might not believe her. It might treat this \"contraband\" as " -"presumptive of guilt. And as any number of college students have already " -"learned, our presumptions about innocence disappear in the middle of wars of " -"prohibition. This war is no different. Says von Lohmann, <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"university might not believe her. It might treat this " +"<quote>contraband</quote> as presumptive of guilt. And as any number of " +"college students have already learned, our presumptions about innocence " +"disappear in the middle of wars of prohibition. This war is no different. " +"Says von Lohmann," msgstr "" #. type: Content of: <book><part><chapter><section><blockquote><para> -#: freeculture.xml:10041 +#: freeculture.xml:10941 msgid "" "So when we're talking about numbers like forty to sixty million Americans " "that are essentially copyright infringers, you create a situation where the " @@ -13118,39 +15281,40 @@ msgid "" "closest analog, [but] many have noted that the war against drugs has eroded " "all of our civil liberties because it's treated so many Americans as " "criminals. Well, I think it's fair to say that file sharing is an order of " -"magnitude larger number of Americans than drug use. . . . If forty to sixty " -"million Americans have become lawbreakers, then we're really on a slippery " -"slope to lose a lot of civil liberties for all forty to sixty million of " -"them." +"magnitude larger number of Americans than drug use. … If forty to " +"sixty million Americans have become lawbreakers, then we're really on a " +"slippery slope to lose a lot of civil liberties for all forty to sixty " +"million of them." msgstr "" #. type: Content of: <book><part><chapter><section><para> -#: freeculture.xml:10061 +#: freeculture.xml:10961 msgid "" -"When forty to sixty million Americans are considered \"criminals\" under the " -"law, and when the law could achieve the same objective— securing " -"rights to authors—without these millions being considered " -"\"criminals,\" who is the villain? Americans or the law? Which is American, " -"a constant war on our own people or a concerted effort through our democracy " -"to change our law?" +"When forty to sixty million Americans are considered " +"<quote>criminals</quote> under the law, and when the law could achieve the " +"same objective— securing rights to authors—without these " +"millions being considered <quote>criminals,</quote> who is the villain? " +"Americans or the law? Which is American, a constant war on our own people or " +"a concerted effort through our democracy to change our law?" msgstr "" #. type: Content of: <book><part><title> -#: freeculture.xml:10074 -msgid "BALANCES" +#: freeculture.xml:10974 +msgid "Balances" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:10079 +#: freeculture.xml:10979 msgid "" -"So here's the picture: You're standing at the side of the road. Your car is " -"on fire. You are angry and upset because in part you helped start the " -"fire. Now you don't know how to put it out. Next to you is a bucket, filled " -"with gasoline. Obviously, gasoline won't put the fire out." +"<emphasis role='strong'>So here's</emphasis> the picture: You're standing at " +"the side of the road. Your car is on fire. You are angry and upset because " +"in part you helped start the fire. Now you don't know how to put it " +"out. Next to you is a bucket, filled with gasoline. Obviously, gasoline " +"won't put the fire out." msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:10085 +#: freeculture.xml:10986 msgid "" "As you ponder the mess, someone else comes along. In a panic, she grabs the " "bucket. Before you have a chance to tell her to stop—or before she " @@ -13160,19 +15324,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:10093 +#: freeculture.xml:10994 msgid "" -"A war about copyright rages all around—and we're all focusing on the " -"wrong thing. No doubt, current technologies threaten existing businesses. " -"No doubt they may threaten artists. But technologies change. The industry " -"and technologists have plenty of ways to use technology to protect " -"themselves against the current threats of the Internet. This is a fire that " -"if let alone would burn itself out." +"<emphasis role='strong'>A war</emphasis> about copyright rages all " +"around—and we're all focusing on the wrong thing. No doubt, current " +"technologies threaten existing businesses. No doubt they may threaten " +"artists. But technologies change. The industry and technologists have " +"plenty of ways to use technology to protect themselves against the current " +"threats of the Internet. This is a fire that if let alone would burn itself " +"out." msgstr "" #. PAGE BREAK 219 #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:10102 +#: freeculture.xml:11004 msgid "" "Yet policy makers are not willing to leave this fire to itself. Primed with " "plenty of lobbyists' money, they are keen to intervene to eliminate the " @@ -13182,7 +15347,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:10110 +#: freeculture.xml:11012 msgid "" "Somehow we have to find a way to turn attention to this more important and " "fundamental issue. Somehow we have to find a way to avoid pouring gasoline " @@ -13190,7 +15355,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:10115 +#: freeculture.xml:11017 msgid "" "We have not found that way yet. Instead, we seem trapped in a simpler, " "binary view. However much many people push to frame this debate more " @@ -13199,7 +15364,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><partintro><para> -#: freeculture.xml:10121 +#: freeculture.xml:11023 msgid "" "This challenge has been my life these last few years. It has also been my " "failure. In the two chapters that follow, I describe one small brace of " @@ -13208,23 +15373,44 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:10131 -msgid "CHAPTER THIRTEEN: Eldred" +#: freeculture.xml:11033 +msgid "Chapter Thirteen: Eldred" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11034 +msgid "Eldred, Eric" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11035 +msgid "Hawthorne, Nathaniel" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10133 +#: freeculture.xml:11037 msgid "" -"In 1995, a father was frustrated that his daughters didn't seem to like " -"Hawthorne. No doubt there was more than one such father, but at least one " -"did something about it. Eric Eldred, a retired computer programmer living in " -"New 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." +"<emphasis role='strong'>In 1995</emphasis>, a father was frustrated that his " +"daughters didn't seem to like Hawthorne. No doubt there was more than one " +"such father, but at least one did something about it. Eric Eldred, a retired " +"computer programmer living in New 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." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:11045 +msgid "of public-domain literature" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:11046 +msgid "library of works derived from" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10142 +#: freeculture.xml:11048 msgid "" "It didn't work—at least for his daughters. They didn't find Hawthorne " "any more interesting than before. But Eldred's experiment gave birth to a " @@ -13234,7 +15420,7 @@ msgstr "" #. PAGE BREAK 221 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10149 +#: freeculture.xml:11057 msgid "" "Eldred's library was not simply a copy of certain public domain works, " "though even a copy would have been of great value to people across the world " @@ -13245,8 +15431,13 @@ msgid "" "accessible—technically accessible—today." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11067 +msgid "Scarlet Letter, The (Hawthorne)" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10160 +#: freeculture.xml:11069 msgid "" "Eldred's freedom to do this with Hawthorne's work grew from the same source " "as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed " @@ -13261,41 +15452,57 @@ msgid "" "works." msgstr "" -#. f1. +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11094 freeculture.xml:12141 +msgid "pornography" +msgstr "" + #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10183 +#: freeculture.xml:11094 msgid "" -"There's a parallel here with pornography that is a bit hard to describe, but " -"it's a strong one. One phenomenon that the Internet created was a world of " -"noncommercial pornographers—people who were distributing porn but were " -"not making money directly or indirectly from that distribution. Such a " -"class didn't exist before the Internet came into being because the costs of " -"distributing porn were so high. Yet this new class of distributors got " -"special attention in the Supreme Court, when the Court struck down the " -"Communications Decency Act of 1996. It was partly because of the burden on " -"noncommercial speakers that the statute was found to exceed Congress's " -"power. The same point could have been made about noncommercial publishers " -"after the advent of the Internet. The Eric Eldreds of the 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." +"<placeholder type=\"indexterm\" id=\"0\"/> There's a parallel here with " +"pornography that is a bit hard to describe, but it's a strong one. One " +"phenomenon that the Internet created was a world of noncommercial " +"pornographers—people who were distributing porn but were not making " +"money directly or indirectly from that distribution. Such a class didn't " +"exist before the Internet came into being because the costs of distributing " +"porn were so high. Yet this new class of distributors got special attention " +"in the Supreme Court, when the Court struck down the Communications Decency " +"Act of 1996. It was partly because of the burden on noncommercial speakers " +"that the statute was found to exceed Congress's power. The same point could " +"have been made about noncommercial publishers after the advent of the " +"Internet. The Eric Eldreds of the 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." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10172 +#: freeculture.xml:11083 msgid "" "The Internet created the possibility of noncommercial publications of public " "domain works. Eldred's is just one example. There are literally thousands of " "others. Hundreds of thousands from across the world have discovered this " "platform of expression and now use it to share works that are, by law, free " -"for the taking. This has produced what we might call the \"noncommercial " -"publishing industry,\" which before the Internet was limited to people with " -"large egos or with political or social causes. But with the Internet, it " -"includes a wide range of individuals and groups dedicated to spreading " -"culture generally.<placeholder type=\"footnote\" id=\"0\"/>" +"for the taking. This has produced what we might call the " +"<quote>noncommercial publishing industry,</quote> which before the Internet " +"was limited to people with large egos or with political or social " +"causes. But with the Internet, it includes a wide range of individuals and " +"groups dedicated to spreading culture generally.<placeholder " +"type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11114 +msgid "Frost, Robert" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11115 +msgid "New Hampshire (Frost)" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10200 +#: freeculture.xml:11119 msgid "" "As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's collection " "of poems <citetitle>New Hampshire</citetitle> was slated to pass into the " @@ -13310,30 +15517,60 @@ msgid "" "period, more than 1 million patents will pass into the public domain." msgstr "" -#. f2. +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:11134 freeculture.xml:11146 +msgid "Bono, Mary" +msgstr "" + +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:11135 freeculture.xml:11147 +msgid "Bono, Sonny" +msgstr "" + #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10221 -msgid "" -"The full text is: \"Sonny [Bono] wanted the term of copyright protection to " -"last forever. I am informed by staff that such a change would violate the " -"Constitution. I invite all of you to work with me to strengthen our " -"copyright laws in all of the ways available to us. As 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 " +#: freeculture.xml:11146 +msgid "" +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> The full text is: <quote>Sonny [Bono] wanted the term of " +"copyright protection to last forever. I am informed by staff that such a " +"change would violate the Constitution. I invite all of you to work with me " +"to strengthen our copyright laws in all of the ways available to us. As 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,</quote> 144 " "Cong. Rec. H9946, 9951-2 (October 7, 1998)." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10216 +#: freeculture.xml:11141 msgid "" "This was the Sonny Bono Copyright Term Extension Act (CTEA), enacted in " "memory of the congressman and former musician Sonny Bono, who, his widow, " -"Mary Bono, says, believed that \"copyrights should be forever.\"<placeholder " -"type=\"footnote\" id=\"0\"/>" +"Mary Bono, says, believed that <quote>copyrights should be " +"forever.</quote><placeholder type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:11158 +msgid "felony punishment for infringement of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11159 +msgid "NET (No Electronic Theft) Act (1998)" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11160 +msgid "No Electronic Theft (NET) Act (1998)" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:11161 +msgid "felony punishments for" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10232 +#: freeculture.xml:11163 msgid "" "Eldred decided to fight this law. He first resolved to fight it through " "civil disobedience. In a series of interviews, Eldred announced that he " @@ -13343,8 +15580,18 @@ msgid "" "dangerous strategy for a disabled programmer to undertake." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:11172 freeculture.xml:12109 +msgid "constitutional powers of" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:11175 freeculture.xml:11221 +msgid "Eldred case involvement of" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10241 +#: freeculture.xml:11177 msgid "" "It was here that I became involved in Eldred's battle. I was a " "constitutional scholar whose first passion was constitutional " @@ -13354,46 +15601,48 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:10252 +#: freeculture.xml:11188 msgid "" -"Congress has the power to promote the Progress of Science . . . by securing " -"for limited Times to Authors . . . exclusive Right to their " -". . . Writings. . . ." +"Congress has the power to promote the Progress of Science … by " +"securing for limited Times to Authors … exclusive Right to their " +"… Writings. …" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10258 +#: freeculture.xml:11195 msgid "" "As I've described, this clause is unique within the power-granting clause of " "Article I, section 8 of our Constitution. Every other clause granting power " "to Congress simply says Congress has the power to do something—for " -"example, to regulate \"commerce among the several states\" or \"declare " -"War.\" But here, the \"something\" is something quite specific—to " -"\"promote . . . Progress\"—through means that are also specific— " -"by \"securing\" \"exclusive Rights\" (i.e., copyrights) \"for limited " -"Times.\"" +"example, to regulate <quote>commerce among the several states</quote> or " +"<quote>declare War.</quote> But here, the <quote>something</quote> is " +"something quite specific—to <quote>promote … " +"Progress</quote>—through means that are also specific— by " +"<quote>securing</quote> <quote>exclusive Rights</quote> (i.e., copyrights) " +"<quote>for limited Times.</quote>" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:10277 freeculture.xml:11724 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11207 freeculture.xml:12703 msgid "Jaszi, Peter" msgstr "" +#. PAGE BREAK 223 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10268 +#: freeculture.xml:11209 msgid "" "In the past forty years, Congress has gotten into the practice of extending " "existing terms of copyright protection. What puzzled me about this was, if " "Congress has the power to extend existing terms, then the Constitution's " -"requirement that terms be \"limited\" will have no practical effect. If " -"every time a copyright is about to expire, 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. <placeholder type=\"indexterm\" id=\"0\"/>" +"requirement that terms be <quote>limited</quote> will have no practical " +"effect. If every time a copyright is about to expire, Congress has the power " +"to extend its term, then Congress can achieve what the Constitution plainly " +"forbids—perpetual terms <quote>on the installment plan,</quote> as " +"Professor Peter Jaszi so nicely put it." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10280 +#: freeculture.xml:11223 msgid "" "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 consideration " @@ -13406,19 +15655,19 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10291 +#: freeculture.xml:11234 msgid "" "For this is the core of the corruption in our present system of " -"government. \"Corruption\" not in the sense that representatives are " -"bribed. Rather, \"corruption\" in the sense that the system induces the " -"beneficiaries of Congress's acts to raise and give money to Congress to " -"induce it to act. There's only so much time; there's only so much Congress " -"can do. Why not limit its actions to those things it must do—and those " -"things that pay? Extending copyright terms pays." +"government. <quote>Corruption</quote> not in the sense that representatives " +"are bribed. Rather, <quote>corruption</quote> in the sense that the system " +"induces the beneficiaries of Congress's acts to raise and give money to " +"Congress to induce it to act. There's only so much time; there's only so " +"much Congress can do. Why not limit its actions to those things it must " +"do—and those things that pay? Extending copyright terms pays." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10300 +#: freeculture.xml:11243 msgid "" "If that's not obvious to you, consider the following: Say you're one of the " "very few lucky copyright owners whose copyright continues to make money one " @@ -13430,7 +15679,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10310 +#: freeculture.xml:11253 msgid "" "So imagine the Robert Frost estate is earning $100,000 a year from three of " "Frost's poems. And imagine the copyright for those poems is about to " @@ -13440,80 +15689,82 @@ msgstr "" #. PAGE BREAK 224 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10317 +#: freeculture.xml:11260 msgid "" -"\"Next year,\" the adviser announces, \"our copyrights in works A, B, and C " -"will expire. That means that after next year, we will no longer be receiving " -"the annual royalty check of $100,000 from the publishers of those works." +"<quote>Next year,</quote> the adviser announces, <quote>our copyrights in " +"works A, B, and C will expire. That means that after next year, we will no " +"longer be receiving the annual royalty check of $100,000 from the publishers " +"of those works.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10325 +#: freeculture.xml:11268 msgid "" -"\"There's a proposal in Congress, however,\" she continues, \"that could " -"change this. A few congressmen are floating a bill to extend the terms of " -"copyright by twenty years. That bill would be extraordinarily valuable to " -"us. So we should hope this bill passes.\"" +"<quote>There's a proposal in Congress, however,</quote> she continues, " +"<quote>that could change this. A few congressmen are floating a bill to " +"extend the terms of copyright by twenty years. That bill would be " +"extraordinarily valuable to us. So we should hope this bill passes.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10331 +#: freeculture.xml:11274 msgid "" -"\"Hope?\" a fellow board member says. \"Can't we be doing something about " -"it?\"" +"<quote>Hope?</quote> a fellow board member says. <quote>Can't we be doing " +"something about it?</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10335 +#: freeculture.xml:11278 msgid "" -"\"Well, obviously, yes,\" the adviser responds. \"We could contribute to the " -"campaigns of a number of representatives to try to assure that they support " -"the bill.\"" +"<quote>Well, obviously, yes,</quote> the adviser responds. <quote>We could " +"contribute to the campaigns of a number of representatives to try to assure " +"that they support the bill.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10340 +#: freeculture.xml:11283 msgid "" "You hate politics. You hate contributing to campaigns. So you want to know " -"whether this disgusting practice is worth it. \"How much would we get if " -"this extension were passed?\" you ask the adviser. \"How much is it worth?\"" +"whether this disgusting practice is worth it. <quote>How much would we get " +"if this extension were passed?</quote> you ask the adviser. <quote>How much " +"is it worth?</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10346 +#: freeculture.xml:11289 msgid "" -"\"Well,\" the adviser says, \"if you're confident that you will continue to " -"get at least $100,000 a year from these copyrights, and you use the " -"`discount rate' that we use to evaluate estate investments (6 percent), then " -"this law would be worth $1,146,000 to the estate.\"" +"<quote>Well,</quote> the adviser says, <quote>if you're confident that you " +"will continue to get at least $100,000 a year from these copyrights, and you " +"use the `discount rate' that we use to evaluate estate investments (6 " +"percent), then this law would be worth $1,146,000 to the estate.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10352 +#: freeculture.xml:11295 msgid "" "You're a bit shocked by the number, but you quickly come to the correct " "conclusion:" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10356 +#: freeculture.xml:11299 msgid "" -"\"So you're saying it would be worth it for us to pay more than $1,000,000 " -"in campaign contributions if we were confident those contributions would " -"assure that the bill was passed?\"" +"<quote>So you're saying it would be worth it for us to pay more than " +"$1,000,000 in campaign contributions if we were confident those " +"contributions would assure that the bill was passed?</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10362 +#: freeculture.xml:11305 msgid "" -"\"Absolutely,\" the adviser responds. \"It is worth it to you to contribute " -"up to the `present value' of the income you expect from these " -"copyrights. Which for us means over $1,000,000.\"" +"<quote>Absolutely,</quote> the adviser responds. <quote>It is worth it to " +"you to contribute up to the `present value' of the income you expect from " +"these copyrights. Which for us means over $1,000,000.</quote>" msgstr "" #. PAGE BREAK 225 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10368 +#: freeculture.xml:11311 msgid "" "You quickly get the point—you as the member of the board and, I trust, " "you the reader. Each time copyrights are about to expire, every beneficiary " @@ -13525,7 +15776,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10379 +#: freeculture.xml:11322 msgid "" "Thus a congressional perpetual motion machine: So long as legislation can be " "bought (albeit indirectly), there will be all the incentive in the world to " @@ -13534,61 +15785,63 @@ msgstr "" #. f3. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10391 +#: freeculture.xml:11334 msgid "" -"Associated Press, \"Disney Lobbying for Copyright Extension No Mickey Mouse " -"Effort; Congress OKs Bill Granting Creators 20 More Years,\" " +"Associated Press, <quote>Disney Lobbying for Copyright Extension No Mickey " +"Mouse Effort; Congress OKs Bill Granting Creators 20 More Years,</quote> " "<citetitle>Chicago Tribune</citetitle>, 17 October 1998, 22." msgstr "" #. f4. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10398 +#: freeculture.xml:11341 msgid "" -"See Nick Brown, \"Fair Use No More?: Copyright in the Information Age,\" " -"available at <ulink url=\"http://free-culture.cc/notes/\">link #49</ulink>." +"See Nick Brown, <quote>Fair Use No More?: Copyright in the Information " +"Age,</quote> available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#49</ulink>." msgstr "" #. f5. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10406 +#: freeculture.xml:11349 msgid "" -"Alan K. Ota, \"Disney in Washington: The Mouse That Roars,\" " +"Alan K. Ota, <quote>Disney in Washington: The Mouse That Roars,</quote> " "<citetitle>Congressional Quarterly This Week</citetitle>, 8 August 1990, " "available at <ulink url=\"http://free-culture.cc/notes/\">link #50</ulink>." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10384 +#: freeculture.xml:11327 msgid "" "In the lobbying that led to the passage of the Sonny Bono Copyright Term " -"Extension Act, this \"theory\" about incentives was proved real. Ten of the " -"thirteen original sponsors of the act in the House received the maximum " -"contribution from Disney's political action committee; in the Senate, eight " -"of the twelve sponsors received contributions.<placeholder type=\"footnote\" " -"id=\"0\"/> The RIAA and the MPAA are estimated to have spent over $1.5 " -"million lobbying in the 1998 election cycle. They paid out more than " -"$200,000 in campaign contributions.<placeholder type=\"footnote\" id=\"1\"/> " -"Disney is estimated to have contributed more than $800,000 to reelection " -"campaigns in the cycle.<placeholder type=\"footnote\" id=\"2\"/>" +"Extension Act, this <quote>theory</quote> about incentives was proved " +"real. Ten of the thirteen original sponsors of the act in the House received " +"the maximum contribution from Disney's political action committee; in the " +"Senate, eight of the twelve sponsors received contributions.<placeholder " +"type=\"footnote\" id=\"0\"/> The RIAA and the MPAA are estimated to have " +"spent over $1.5 million lobbying in the 1998 election cycle. They paid out " +"more than $200,000 in campaign contributions.<placeholder type=\"footnote\" " +"id=\"1\"/> Disney is estimated to have contributed more than $800,000 to " +"reelection campaigns in the cycle.<placeholder type=\"footnote\" id=\"2\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10413 +#: freeculture.xml:11356 msgid "" -"Constitutional law is not oblivious to the obvious. Or at least, it need not " -"be. So when I was considering Eldred's complaint, this reality about the " -"never-ending incentives to increase the copyright term was central to my " -"thinking. In my view, a pragmatic court committed to interpreting and " -"applying the Constitution of our framers would see that if Congress has the " -"power to extend existing terms, then there would be no effective " -"constitutional requirement that terms be \"limited.\" If they could extend " -"it once, they would extend it again and again and again." +"<emphasis role='strong'>Constitutional law</emphasis> is not oblivious to " +"the obvious. Or at least, it need not be. So when I was considering Eldred's " +"complaint, this reality about the never-ending incentives to increase the " +"copyright term was central to my thinking. In my view, a pragmatic court " +"committed to interpreting and applying the Constitution of our framers would " +"see that if Congress has the power to extend existing terms, then there " +"would be no effective constitutional requirement that terms be " +"<quote>limited.</quote> If they could extend it once, they would extend it " +"again and again and again." msgstr "" #. PAGE BREAK 226 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10426 +#: freeculture.xml:11371 msgid "" "It was also my judgment that <emphasis>this</emphasis> Supreme Court would " "not allow Congress to extend existing terms. As anyone close to the Supreme " @@ -13600,17 +15853,17 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10439 +#: freeculture.xml:11384 msgid "" "Since 1937, the Supreme Court had interpreted Congress's granted powers very " "broadly; so, while the Constitution grants Congress the power to regulate " -"only \"commerce among the several states\" (aka \"interstate commerce\"), " -"the Supreme Court had interpreted that power to include the power to " -"regulate any activity that merely affected interstate commerce." +"only <quote>commerce among the several states</quote> (aka <quote>interstate " +"commerce</quote>), the Supreme Court had interpreted that power to include " +"the power to regulate any activity that merely affected interstate commerce." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10449 +#: freeculture.xml:11394 msgid "" "As the economy grew, this standard increasingly meant that there was no " "limit to Congress's power to regulate, since just about every activity, when " @@ -13619,8 +15872,13 @@ msgid "" "limit." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11400 freeculture.xml:12190 +msgid "Rehnquist, William H." +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10456 +#: freeculture.xml:11402 msgid "" "The Supreme Court, under Chief Justice Rehnquist's command, changed that in " "<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>. The " @@ -13636,7 +15894,7 @@ msgstr "" #. f6. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10471 +#: freeculture.xml:11417 msgid "" "<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>, 514 " "U.S. 549, 564 (1995)." @@ -13644,27 +15902,27 @@ msgstr "" #. f7. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10478 +#: freeculture.xml:11424 msgid "" "<citetitle>United States</citetitle> v. <citetitle>Morrison</citetitle>, 529 " "U.S. 598 (2000)." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10469 +#: freeculture.xml:11415 msgid "" -"\"We pause to consider the implications of the government's arguments,\" the " -"Chief Justice wrote.<placeholder type=\"footnote\" id=\"0\"/> If anything " -"Congress says is interstate commerce must therefore be considered interstate " -"commerce, then there would be no limit to Congress's power. The decision in " -"<citetitle>Lopez</citetitle> was reaffirmed five years later in " -"<citetitle>United States</citetitle> " +"<quote>We pause to consider the implications of the government's " +"arguments,</quote> the Chief Justice wrote.<placeholder type=\"footnote\" " +"id=\"0\"/> If anything Congress says is interstate commerce must therefore " +"be considered interstate commerce, then there would be no limit to " +"Congress's power. The decision in <citetitle>Lopez</citetitle> was " +"reaffirmed five years later in <citetitle>United States</citetitle> " "v. <citetitle>Morrison</citetitle>.<placeholder type=\"footnote\" id=\"1\"/>" msgstr "" #. f8. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10485 +#: freeculture.xml:11431 msgid "" "If it is a principle about enumerated powers, then the principle carries " "from one enumerated power to another. The animating point in the context of " @@ -13673,26 +15931,27 @@ msgid "" "limitation to interstate commerce notwithstanding. The same point is true in " "the context of the Copyright Clause. Here, too, the government's " "interpretation would allow the government unending power to regulate " -"copyrights—the limitation to \"limited times\" notwithstanding." +"copyrights—the limitation to <quote>limited times</quote> " +"notwithstanding." msgstr "" #. PAGE BREAK 227 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10482 +#: freeculture.xml:11428 msgid "" "If a principle were at work here, then it should apply to the Progress " "Clause as much as the Commerce Clause.<placeholder type=\"footnote\" " "id=\"0\"/> And if it is applied to the Progress Clause, the principle should " "yield the conclusion that Congress can't extend an existing term. If " -"Congress could extend an existing term, then there would be no \"stopping " -"point\" to Congress's power over terms, though the Constitution expressly " -"states that there is such a limit. Thus, the same principle applied to the " -"power to grant copyrights should entail that Congress is not allowed to " -"extend the term of existing copyrights." +"Congress could extend an existing term, then there would be no " +"<quote>stopping point</quote> to Congress's power over terms, though the " +"Constitution expressly states that there is such a limit. Thus, the same " +"principle applied to the power to grant copyrights should entail that " +"Congress is not allowed to extend the term of existing copyrights." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10506 +#: freeculture.xml:11452 msgid "" "<emphasis>If</emphasis>, that is, the principle announced in " "<citetitle>Lopez</citetitle> stood for a principle. Many believed the " @@ -13700,35 +15959,41 @@ msgid "" "conservative Supreme Court, which believed in states' rights, using its " "power over Congress to advance its own personal political preferences. But I " "rejected that view of the Supreme Court's decision. Indeed, shortly after " -"the decision, I wrote an article demonstrating the \"fidelity\" in such an " -"interpretation of the Constitution. The idea that the Supreme Court decides " -"cases based upon its politics struck me as extraordinarily boring. I was " -"not going to devote my life to teaching constitutional law if these nine " -"Justices were going to be petty politicians." +"the decision, I wrote an article demonstrating the <quote>fidelity</quote> " +"in such an interpretation of the Constitution. The idea that the Supreme " +"Court decides cases based upon its politics struck me as extraordinarily " +"boring. I was not going to devote my life to teaching constitutional law if " +"these nine Justices were going to be petty politicians." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10519 +#: freeculture.xml:11469 msgid "" -"Now let's pause for a moment to make sure we understand what the argument in " -"<citetitle>Eldred</citetitle> was not about. By insisting on the " -"Constitution's limits to copyright, obviously Eldred was not endorsing " -"piracy. Indeed, in an obvious sense, he was fighting a kind of " -"piracy—piracy of the public domain. When Robert Frost wrote his work " -"and when Walt Disney created Mickey Mouse, the maximum copyright term was " -"just fifty-six years. Because of interim changes, Frost and Disney had " -"already enjoyed a seventy-five-year monopoly for their work. They had gotten " -"the benefit of the bargain that the Constitution envisions: In exchange for " -"a monopoly protected for fifty-six years, they created new work. But now " -"these entities were using their power—expressed through the power of " -"lobbyists' money—to get another twenty-year dollop of monopoly. That " -"twenty-year dollop would be taken from the public domain. Eric Eldred was " -"fighting a piracy that affects us all." +"<emphasis role='strong'>Now let's pause</emphasis> for a moment to make sure " +"we understand what the argument in <citetitle>Eldred</citetitle> was not " +"about. By insisting on the Constitution's limits to copyright, obviously " +"Eldred was not endorsing piracy. Indeed, in an obvious sense, he was " +"fighting a kind of piracy—piracy of the public domain. When Robert " +"Frost wrote his work and when Walt Disney created Mickey Mouse, the maximum " +"copyright term was just fifty-six years. Because of interim changes, Frost " +"and Disney had already enjoyed a seventy-five-year monopoly for their " +"work. They had gotten the benefit of the bargain that the Constitution " +"envisions: In exchange for a monopoly protected for fifty-six years, they " +"created new work. But now these entities were using their " +"power—expressed through the power of lobbyists' money—to get " +"another twenty-year dollop of monopoly. That twenty-year dollop would be " +"taken from the public domain. Eric Eldred was fighting a piracy that affects " +"us all." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11486 +msgid "Nashville Songwriters Association" msgstr "" #. f9. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10542 +#: freeculture.xml:11494 msgid "" "Brief of the Nashville Songwriters Association, " "<citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.S. " @@ -13736,25 +16001,20 @@ msgid "" "url=\"http://free-culture.cc/notes/\">link #51</ulink>." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:10550 -msgid "Nashville Songwriters Association" -msgstr "" - #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10536 +#: freeculture.xml:11488 msgid "" "Some people view the public domain with contempt. In their brief before the " "Supreme Court, the Nashville Songwriters Association wrote that the public " -"domain is nothing more than \"legal piracy.\"<placeholder type=\"footnote\" " -"id=\"0\"/> But it is not piracy when the law allows it; and in our " -"constitutional system, our law requires it. Some may not like the " +"domain is nothing more than <quote>legal piracy.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> But it is not piracy when the law allows it; " +"and in our constitutional system, our law requires it. Some may not like the " "Constitution's requirements, but that doesn't make the Constitution a " -"pirate's charter. <placeholder type=\"indexterm\" id=\"1\"/>" +"pirate's charter." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10553 +#: freeculture.xml:11504 msgid "" "As we've seen, our constitutional system requires limits on copyright as a " "way to assure that copyright holders do not too heavily influence the " @@ -13766,21 +16026,22 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10565 +#: freeculture.xml:11516 msgid "" -"It is valuable copyrights that are responsible for terms being extended. " -"Mickey Mouse and \"Rhapsody in Blue.\" These works are too valuable for " -"copyright owners to ignore. But the real harm to our society from copyright " -"extensions is not that Mickey Mouse remains Disney's. Forget Mickey " -"Mouse. Forget Robert Frost. Forget all the works from the 1920s and 1930s " -"that have continuing commercial value. The real harm of term extension comes " -"not from these famous works. The real harm is to the works that are not " -"famous, not commercially exploited, and no longer available as a result." +"<emphasis role='strong'>It is valuable</emphasis> copyrights that are " +"responsible for terms being extended. Mickey Mouse and <quote>Rhapsody in " +"Blue.</quote> These works are too valuable for copyright owners to " +"ignore. But the real harm to our society from copyright extensions is not " +"that Mickey Mouse remains Disney's. Forget Mickey Mouse. Forget Robert " +"Frost. Forget all the works from the 1920s and 1930s that have continuing " +"commercial value. The real harm of term extension comes not from these " +"famous works. The real harm is to the works that are not famous, not " +"commercially exploited, and no longer available as a result." msgstr "" #. f10. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10586 +#: freeculture.xml:11534 msgid "" "The figure of 2 percent is an extrapolation from the study by the " "Congressional Research Service, in light of the estimated renewal " @@ -13790,7 +16051,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10580 +#: freeculture.xml:11528 msgid "" "If you look at the work created in the first twenty years (1923 to 1942) " "affected by the Sonny Bono Copyright Term Extension Act, 2 percent of that " @@ -13802,7 +16063,7 @@ msgstr "" #. PAGE BREAK 229 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10595 +#: freeculture.xml:11543 msgid "" "Think practically about the consequence of this extension—practically, " "as a businessperson, and not as a lawyer eager for more legal work. In 1930, " @@ -13813,7 +16074,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10607 +#: freeculture.xml:11556 msgid "" "Well, first, you'd have to determine which of the 9,873 books were still " "under copyright. That requires going to a library (these data are not " @@ -13824,14 +16085,14 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10615 +#: freeculture.xml:11564 msgid "" "Then for the books still under copyright, you would need to locate the " "current copyright owners. How would you do that?" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10619 +#: freeculture.xml:11568 msgid "" "Most people think that there must be a list of these copyright owners " "somewhere. Practical people think this way. How could there be thousands and " @@ -13839,7 +16100,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10626 +#: freeculture.xml:11575 msgid "" "But there is no list. There may be a name from 1930, and then in 1959, of " "the person who registered the copyright. But just think practically about " @@ -13849,14 +16110,15 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10635 +#: freeculture.xml:11584 msgid "" -"\"But there isn't a list of who owns property generally,\" the apologists " -"for the system respond. \"Why should there be a list of copyright owners?\"" +"<quote>But there isn't a list of who owns property generally,</quote> the " +"apologists for the system respond. <quote>Why should there be a list of " +"copyright owners?</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10640 +#: freeculture.xml:11589 msgid "" "Well, actually, if you think about it, there <emphasis>are</emphasis> plenty " "of lists of who owns what property. Think about deeds on houses, or titles " @@ -13868,7 +16130,7 @@ msgstr "" #. PAGE BREAK 230 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10649 +#: freeculture.xml:11598 msgid "" "So: You walk down a street and see a house. You can know who owns the house " "by looking it up in the courthouse registry. If you see a car, there is " @@ -13882,7 +16144,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10664 +#: freeculture.xml:11613 msgid "" "Compare this story to intangible property. You go into a library. The " "library owns the books. But who owns the copyrights? As I've already " @@ -13896,7 +16158,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10676 +#: freeculture.xml:11625 msgid "" "The consequence with respect to old books is that they won't be digitized, " "and hence will simply rot away on shelves. But the consequence for other " @@ -13904,28 +16166,38 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:10681 +#: freeculture.xml:11630 msgid "Agee, Michael" msgstr "" -#. f11. -#. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10694 -msgid "" -"See David G. Savage, \"High Court Scene of Showdown on Copyright Law,\" " -"<citetitle>Los Angeles Times</citetitle>, 6 October 2002; David Streitfeld, " -"\"Classic Movies, Songs, Books at Stake; Supreme Court Hears Arguments Today " -"on Striking Down Copyright Extension,\" <citetitle>Orlando Sentinel " -"Tribune</citetitle>, 9 October 2002." +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11631 freeculture.xml:12066 +msgid "Hal Roach Studios" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:10700 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11632 +msgid "Laurel and Hardy Films" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11633 msgid "Lucky Dog, The" msgstr "" +#. f11. +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:11646 +msgid "" +"See David G. Savage, <quote>High Court Scene of Showdown on Copyright " +"Law,</quote> <citetitle>Los Angeles Times</citetitle>, 6 October 2002; David " +"Streitfeld, <quote>Classic Movies, Songs, Books at Stake; Supreme Court " +"Hears Arguments Today on Striking Down Copyright Extension,</quote> " +"<citetitle>Orlando Sentinel Tribune</citetitle>, 9 October 2002." +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10683 +#: freeculture.xml:11635 msgid "" "Consider the story of Michael Agee, chairman of Hal Roach Studios, which " "owns the copyrights for the Laurel and Hardy films. Agee is a direct " @@ -13934,13 +16206,13 @@ msgid "" "Dog</citetitle>, is currently out of copyright. But for the CTEA, films made " "after 1923 would have begun entering the public domain. Because Agee " "controls the exclusive rights for these popular films, he makes a great deal " -"of money. According to one estimate, \"Roach has sold about 60,000 " -"videocassettes and 50,000 DVDs of the duo's silent films.\"<placeholder " -"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"of money. According to one estimate, <quote>Roach has sold about 60,000 " +"videocassettes and 50,000 DVDs of the duo's silent " +"films.</quote><placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10703 +#: freeculture.xml:11653 msgid "" "Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in this " "culture: selflessness. He argued in a brief before the Supreme Court that " @@ -13950,7 +16222,7 @@ msgstr "" #. PAGE BREAK 231 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10709 +#: freeculture.xml:11659 msgid "" "His argument is straightforward. A tiny fraction of this work has any " "continuing commercial value. The rest—to the extent it survives at " @@ -13962,7 +16234,7 @@ msgstr "" #. f12. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10727 +#: freeculture.xml:11677 msgid "" "Brief of Hal Roach Studios and Michael Agee as Amicus Curiae Supporting the " "Petitoners, <citetitle>Eldred</citetitle> " @@ -13974,18 +16246,18 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10720 +#: freeculture.xml:11670 msgid "" "We can't know the benefits, but we do know a lot about the costs. 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.<placeholder " +"cost as little as $100 to digitize one hour of 8 mm film.<placeholder " "type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10737 +#: freeculture.xml:11687 msgid "" "Restoration technology is not the only cost, nor the most important. " "Lawyers, too, are a cost, and increasingly, a very important one. In " @@ -13995,7 +16267,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10745 +#: freeculture.xml:11695 msgid "" "Or more accurately, <emphasis>owners</emphasis>. As we've seen, there isn't " "only a single copyright associated with a film; there are many. There isn't " @@ -14006,10 +16278,10 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10753 +#: freeculture.xml:11703 msgid "" -"\"But can't you just restore the film, distribute it, and then pay the " -"copyright owner when she shows up?\" Sure, if you want to commit a " +"<quote>But can't you just restore the film, distribute it, and then pay the " +"copyright owner when she shows up?</quote> Sure, if you want to commit a " "felony. And even if you're not worried about committing a felony, when she " "does show up, she'll have the right to sue you for all the profits you have " "made. So, if you're successful, you can be fairly confident you'll be " @@ -14021,7 +16293,7 @@ msgstr "" #. PAGE BREAK 232 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10764 +#: freeculture.xml:11714 msgid "" "For some films, the benefit of releasing the film may well exceed these " "costs. But for the vast majority of them, there is no way the benefit would " @@ -14031,7 +16303,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10774 +#: freeculture.xml:11725 msgid "" "But by the time the copyright for these films expires, the film will have " "expired. These films were produced on nitrate-based stock, and nitrate stock " @@ -14040,17 +16312,18 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10782 +#: freeculture.xml:11733 msgid "" -"Of all the creative work produced by humans anywhere, a tiny fraction has " -"continuing commercial value. For that tiny fraction, the copyright is a " -"crucially important legal device. For that tiny fraction, the copyright " -"creates incentives to produce and distribute the creative work. For that " -"tiny fraction, the copyright acts as an \"engine of free expression.\"" +"<emphasis role='strong'>Of all the</emphasis> creative work produced by " +"humans anywhere, a tiny fraction has continuing commercial value. For that " +"tiny fraction, the copyright is a crucially important legal device. For that " +"tiny fraction, the copyright creates incentives to produce and distribute " +"the creative work. For that tiny fraction, the copyright acts as an " +"<quote>engine of free expression.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10791 +#: freeculture.xml:11741 msgid "" "But even for that tiny fraction, the actual time during which the creative " "work has a commercial life is extremely short. As I've indicated, most books " @@ -14061,7 +16334,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10801 +#: freeculture.xml:11751 msgid "" "Yet that doesn't mean the life of the creative work ends. We don't keep " "libraries of books in order to compete with Barnes & Noble, and we don't " @@ -14075,7 +16348,7 @@ msgstr "" #. PAGE BREAK 233 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10814 +#: freeculture.xml:11764 msgid "" "Copyrights in this context do not drive an engine of free expression. In " "this context, there is no need for an exclusive right. Copyrights in this " @@ -14083,7 +16356,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10821 +#: freeculture.xml:11771 msgid "" "Yet, for most of our history, they also did little harm. For most of our " "history, when a work ended its commercial life, there was no " @@ -14096,7 +16369,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10832 +#: freeculture.xml:11782 msgid "" "The same was effectively true of film. Because the costs of restoring a " "film—the real economic costs, not the lawyer costs—were so high, " @@ -14107,7 +16380,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10841 +#: freeculture.xml:11791 msgid "" "In other words, though copyright has been relatively short for most of our " "history, long copyrights wouldn't have mattered for the works that lost " @@ -14116,12 +16389,12 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10847 +#: freeculture.xml:11797 msgid "But this situation has now changed." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10850 +#: freeculture.xml:11801 msgid "" "One crucially important consequence of the emergence of digital technologies " "is to enable the archive that Brewster Kahle dreams of. Digital " @@ -14136,7 +16409,7 @@ msgstr "" #. PAGE BREAK 234 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10863 +#: freeculture.xml:11814 msgid "" "And now copyright law does get in the way. Every step of producing this " "digital archive of our culture infringes on the exclusive right of " @@ -14149,7 +16422,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10873 +#: freeculture.xml:11824 msgid "" "Here is the core of the harm that comes from extending terms: Now that " "technology enables us to rebuild the library of Alexandria, the law gets in " @@ -14163,62 +16436,65 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10884 +#: freeculture.xml:11835 msgid "" -"You may well ask, \"But if digital technologies lower the costs for Brewster " -"Kahle, then they will lower the costs for Random House, too. So won't " -"Random House do as well as Brewster Kahle in spreading culture widely?\"" +"You may well ask, <quote>But if digital technologies lower the costs for " +"Brewster Kahle, then they will lower the costs for Random House, too. So " +"won't Random House do as well as Brewster Kahle in spreading culture " +"widely?</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10890 +#: freeculture.xml:11841 msgid "" "Maybe. Someday. But there is absolutely no evidence to suggest that " "publishers would be as complete as libraries. If Barnes & Noble offered " "to lend books from its stores for a low price, would that eliminate the need " "for libraries? Only if you think that the only role of a library is to serve " -"what \"the market\" would demand. But if you think the role of a library is " -"bigger than this—if you think its role is to archive culture, whether " -"there's a demand for any particular bit of that culture or not—then we " -"can't count on the commercial market to do our library work for us." +"what <quote>the market</quote> would demand. But if you think the role of a " +"library is bigger than this—if you think its role is to archive " +"culture, whether there's a demand for any particular bit of that culture or " +"not—then we can't count on the commercial market to do our library " +"work for us." msgstr "" #. f13. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:10913 +#: freeculture.xml:11865 msgid "" -"Jason Schultz, \"The Myth of the 1976 Copyright `Chaos' Theory,\" 20 " -"December 2002, available at <ulink " +"Jason Schultz, <quote>The Myth of the 1976 Copyright `Chaos' Theory,</quote> " +"20 December 2002, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #54</ulink>." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10901 +#: freeculture.xml:11853 msgid "" "I would be the first to agree that it should do as much as it can: We should " "rely upon the market as much as possible to spread and enable culture. My " "message is absolutely not antimarket. But where we see the 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 " +"films, books, and music produced between 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.<placeholder " "type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10920 +#: freeculture.xml:11872 msgid "" -"In January 1999, we filed a lawsuit on Eric Eldred's behalf in federal " -"district court in Washington, D.C., asking the court to declare the Sonny " -"Bono Copyright Term Extension Act unconstitutional. The two central claims " -"that we made were (1) that extending existing terms violated the " -"Constitution's \"limited Times\" requirement, and (2) that extending terms " -"by another twenty years violated the First Amendment." +"<emphasis role='strong'>In January 1999</emphasis>, we filed a lawsuit on " +"Eric Eldred's behalf in federal district court in Washington, D.C., asking " +"the court to declare the Sonny Bono Copyright Term Extension Act " +"unconstitutional. The two central claims that we made were (1) that " +"extending existing terms violated the Constitution's <quote>limited " +"Times</quote> requirement, and (2) that extending terms by another twenty " +"years violated the First Amendment." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10928 +#: freeculture.xml:11881 msgid "" "The district court dismissed our claims without even hearing an argument. A " "panel of the Court of Appeals for the D.C. Circuit also dismissed our " @@ -14228,30 +16504,36 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10935 +#: freeculture.xml:11888 msgid "" "Judge David Sentelle said the CTEA violated the requirement that copyrights " -"be for \"limited Times\" only. His argument was as elegant as it was simple: " -"If Congress can extend existing terms, then there is no \"stopping point\" " -"to Congress's power under the Copyright Clause. The power to extend existing " -"terms means Congress is not required to grant terms that are \"limited.\" " -"Thus, Judge Sentelle argued, the court had to interpret the term \"limited " -"Times\" to give it meaning. And the best interpretation, Judge Sentelle " -"argued, would be to deny Congress the power to extend existing terms." +"be for <quote>limited Times</quote> only. His argument was as elegant as it " +"was simple: If Congress can extend existing terms, then there is no " +"<quote>stopping point</quote> to Congress's power under the Copyright " +"Clause. The power to extend existing terms means Congress is not required to " +"grant terms that are <quote>limited.</quote> Thus, Judge Sentelle argued, " +"the court had to interpret the term <quote>limited Times</quote> to give it " +"meaning. And the best interpretation, Judge Sentelle argued, would be to " +"deny Congress the power to extend existing terms." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10946 +#: freeculture.xml:11899 msgid "" "We asked the Court of Appeals for the D.C. Circuit as a whole to hear the " "case. Cases are ordinarily heard in panels of three, except for important " "cases or cases that raise issues specific to the circuit as a whole, where " -"the court will sit \"en banc\" to hear the case." +"the court will sit <quote>en banc</quote> to hear the case." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11904 +msgid "Tatel, David" msgstr "" #. PAGE BREAK 236 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10952 +#: freeculture.xml:11906 msgid "" "The Court of Appeals rejected our request to hear the case en banc. This " "time, Judge Sentelle was joined by the most liberal member of the " @@ -14261,7 +16543,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10961 +#: freeculture.xml:11915 msgid "" "It was here that most expected Eldred v. Ashcroft would die, for the Supreme " "Court rarely reviews any decision by a court of appeals. (It hears about one " @@ -14271,7 +16553,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10968 +#: freeculture.xml:11922 msgid "" "But in February 2002, the Supreme Court surprised the world by granting our " "petition to review the D.C. Circuit opinion. Argument was set for October of " @@ -14279,20 +16561,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10974 +#: freeculture.xml:11928 msgid "" -"It is over a year later as I write these words. It is still astonishingly " -"hard. If you know anything at all about this story, you know that we lost " -"the appeal. And if you know something more than just the minimum, you " -"probably think there was no way this case could have been won. After our " -"defeat, I received literally thousands of missives by well-wishers and " -"supporters, thanking me for my work on behalf of this noble but doomed " -"cause. And none from this pile was more significant to me than the e-mail " -"from my client, Eric Eldred." +"<emphasis role='strong'>It is over</emphasis> a year later as I write these " +"words. It is still astonishingly hard. If you know anything at all about " +"this story, you know that we lost the appeal. And if you know something more " +"than just the minimum, you probably think there was no way this case could " +"have been won. After our defeat, I received literally thousands of missives " +"by well-wishers and supporters, thanking me for my work on behalf of this " +"noble but doomed cause. And none from this pile was more significant to me " +"than the e-mail from my client, Eric Eldred." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10984 +#: freeculture.xml:11939 msgid "" "But my client and these friends were wrong. This case could have been " "won. It should have been won. And no matter how hard I try to retell this " @@ -14300,56 +16582,57 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:10989 freeculture.xml:11003 +#: freeculture.xml:11944 freeculture.xml:11958 msgid "Steward, Geoffrey" msgstr "" #. PAGE BREAK 237 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:10991 +#: freeculture.xml:11946 msgid "" -"The mistake was made early, though it became obvious only at the very " -"end. Our case had been supported from the very beginning by an extraordinary " -"lawyer, Geoffrey Stewart, and by the law firm he had moved to, Jones, Day, " -"Reavis and Pogue. Jones Day took a great deal of heat from its " -"copyright-protectionist clients for supporting us. They ignored this " -"pressure (something that few law firms today would ever do), and throughout " -"the case, they gave it everything they could." +"<emphasis role='strong'>The mistake</emphasis> was made early, though it " +"became obvious only at the very end. Our case had been supported from the " +"very beginning by an extraordinary lawyer, Geoffrey Stewart, and by the law " +"firm he had moved to, Jones, Day, Reavis and Pogue. Jones Day took a great " +"deal of heat from its copyright-protectionist clients for supporting " +"us. They ignored this pressure (something that few law firms today would " +"ever do), and throughout the case, they gave it everything they could." msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11001 freeculture.xml:11345 freeculture.xml:11360 freeculture.xml:11453 freeculture.xml:11667 freeculture.xml:11698 freeculture.xml:11786 +#: freeculture.xml:11956 freeculture.xml:12319 freeculture.xml:12335 freeculture.xml:12432 freeculture.xml:12652 freeculture.xml:12683 freeculture.xml:12782 msgid "Ayer, Don" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11002 +#: freeculture.xml:11957 msgid "Bromberg, Dan" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11005 +#: freeculture.xml:11960 msgid "" "There were three key lawyers on the case from Jones Day. Geoff Stewart was " "the first, but then Dan Bromberg and Don Ayer became quite " "involved. Bromberg and Ayer in particular had a common view about how this " "case would be won: We would only win, they repeatedly told me, if we could " -"make the issue seem \"important\" to the Supreme Court. It had to seem as if " -"dramatic harm were being done to free speech and free culture; otherwise, " -"they would never vote against \"the most powerful media companies in the " -"world.\"" +"make the issue seem <quote>important</quote> to the Supreme Court. It had to " +"seem as if dramatic harm were being done to free speech and free culture; " +"otherwise, they would never vote against <quote>the most powerful media " +"companies in the world.</quote>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11015 +#: freeculture.xml:11970 msgid "" "I hate this view of the law. Of course I thought the Sonny Bono Act was a " "dramatic harm to free speech and free culture. Of course I still think it " "is. But the idea that the Supreme Court decides the law based on how " -"important they believe the issues are is just wrong. It might be \"right\" " -"as in \"true,\" I thought, but it is \"wrong\" as in \"it just shouldn't be " -"that way.\" As I believed that any faithful interpretation of what the " -"framers of our Constitution did would yield the conclusion that the CTEA was " +"important they believe the issues are is just wrong. It might be " +"<quote>right</quote> as in <quote>true,</quote> I thought, but it is " +"<quote>wrong</quote> as in <quote>it just shouldn't be that way.</quote> As " +"I believed that any faithful interpretation of what the framers of our " +"Constitution did would yield the conclusion that the CTEA was " "unconstitutional, and as I believed that any faithful interpretation of what " "the First Amendment means would yield the conclusion that the power to " "extend existing copyright terms is unconstitutional, I was not persuaded " @@ -14362,7 +16645,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11036 +#: freeculture.xml:11991 msgid "" "In any case, I thought, the Court must already see the danger and the harm " "caused by this sort of law. Why else would they grant review? There was no " @@ -14373,7 +16656,7 @@ msgstr "" #. PAGE BREAK 238 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11044 +#: freeculture.xml:11999 msgid "" "There was one way, however, in which I felt politics would matter and in " "which I thought a response was appropriate. I was convinced that the Court " @@ -14391,36 +16674,35 @@ msgid "" "was unconstitutional regardless of one's politics." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:11075 freeculture.xml:11100 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12017 freeculture.xml:12044 msgid "Eagle Forum" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:11076 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12018 msgid "Schlafly, Phyllis" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11063 +#: freeculture.xml:12020 msgid "" "The first step happened all by itself. Phyllis Schlafly's organization, " "Eagle Forum, had been an opponent of the CTEA from the very beginning. " "Mrs. Schlafly viewed the CTEA as a sellout by Congress. In November 1998, " "she wrote a stinging editorial attacking the Republican Congress for " -"allowing the law to pass. As she wrote, \"Do you sometimes wonder why bills " -"that create a financial windfall to narrow special interests slide easily " -"through the intricate legislative process, while bills that benefit the " -"general public seem to get bogged down?\" The answer, as the editorial " -"documented, was the power of money. Schlafly enumerated Disney's " +"allowing the law to pass. As she wrote, <quote>Do you sometimes wonder why " +"bills that create a financial windfall to narrow special interests slide " +"easily through the intricate legislative process, while bills that benefit " +"the general public seem to get bogged down?</quote> The answer, as the " +"editorial documented, was the power of money. Schlafly enumerated Disney's " "contributions to the key players on the committees. It was money, not " "justice, that gave Mickey Mouse twenty more years in Disney's control, " -"Schlafly argued. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " -"type=\"indexterm\" id=\"1\"/>" +"Schlafly argued." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11079 +#: freeculture.xml:12034 msgid "" "In the Court of Appeals, Eagle Forum was eager to file a brief supporting " "our position. Their brief made the argument that became the core claim in " @@ -14429,43 +16711,41 @@ msgid "" "conservative argument persuaded a strong conservative judge, Judge Sentelle." msgstr "" +#. PAGE BREAK 239 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11087 +#: freeculture.xml:12046 msgid "" "In the Supreme Court, the briefs on our side were about as diverse as it " "gets. They included an extraordinary historical brief by the Free Software " -"Foundation (home of the GNU project that made GNU/ Linux possible). They " +"Foundation (home of the GNU project that made GNU/Linux possible). They " "included a powerful brief about the costs of uncertainty by Intel. There " "were two law professors' briefs, one by copyright scholars and one by First " "Amendment scholars. There was an exhaustive and uncontroverted brief by the " "world's experts in the history of the Progress Clause. And of course, there " -"was a new brief by Eagle Forum, repeating and strengthening its arguments. " -"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " -"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/>" +"was a new brief by Eagle Forum, repeating and strengthening its arguments." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:11107 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12058 msgid "American Association of Law Libraries" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:11108 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12059 msgid "National Writers Union" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11103 +#: freeculture.xml:12061 msgid "" "Those briefs framed a legal argument. Then to support the legal argument, " "there were a number of powerful briefs by libraries and archives, including " "the Internet Archive, the American Association of Law Libraries, and the " -"National Writers Union. <placeholder type=\"indexterm\" id=\"0\"/> " -"<placeholder type=\"indexterm\" id=\"1\"/>" +"National Writers Union." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11111 +#: freeculture.xml:12068 msgid "" "But two briefs captured the policy argument best. One made the argument I've " "already described: A brief by Hal Roach Studios argued that unless the law " @@ -14474,32 +16754,32 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11117 +#: freeculture.xml:12074 msgid "Akerlof, George" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11118 +#: freeculture.xml:12075 msgid "Arrow, Kenneth" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11119 +#: freeculture.xml:12076 msgid "Buchanan, James" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11120 +#: freeculture.xml:12077 msgid "Coase, Ronald" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11121 +#: freeculture.xml:12078 msgid "Friedman, Milton" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11123 +#: freeculture.xml:12080 msgid "" "This economists' brief was signed by seventeen economists, including five " "Nobel Prize winners, including Ronald Coase, James Buchanan, Milton " @@ -14507,18 +16787,34 @@ msgid "" "Nobel winners demonstrates, spanned the political spectrum. Their " "conclusions were powerful: There was no plausible claim that extending the " "terms of existing copyrights would do anything to increase incentives to " -"create. Such extensions were nothing more than \"rent-seeking\"—the " -"fancy term economists use to describe special-interest legislation gone " -"wild." +"create. Such extensions were nothing more than " +"<quote>rent-seeking</quote>—the fancy term economists use to describe " +"special-interest legislation gone wild." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12090 freeculture.xml:12108 freeculture.xml:12321 freeculture.xml:12684 +msgid "Fried, Charles" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12091 +msgid "Morrison, Alan" msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:11146 freeculture.xml:11159 freeculture.xml:11351 freeculture.xml:11703 -msgid "Fried, Charles" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12092 +msgid "Public Citizen" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:12093 freeculture.xml:12320 freeculture.xml:13470 +msgid "Reagan, Ronald" msgstr "" +#. PAGE BREAK 240 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11134 +#: freeculture.xml:12095 msgid "" "The same effort at balance was reflected in the legal team we gathered to " "write our briefs in the case. The Jones Day lawyers had been with us from " @@ -14528,12 +16824,16 @@ msgid "" "history with a series of seminal victories in the Supreme Court defending " "individual rights; my colleague and dean, Kathleen Sullivan, who had argued " "many cases in the Court, and who had advised us early on about a First " -"Amendment strategy; and finally, former solicitor general Charles Fried. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"Amendment strategy; and finally, former solicitor general Charles Fried." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><secondary> +#: freeculture.xml:12110 +msgid "Commerce Clause of" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11149 +#: freeculture.xml:12112 msgid "" "Fried was a special victory for our side. Every other former solicitor " "general was hired by the other side to defend Congress's power to give media " @@ -14543,21 +16843,21 @@ msgid "" "Court. He had helped craft the line of cases that limited Congress's power " "in the context of the Commerce Clause. And while he had argued many " "positions in the Supreme Court that I personally disagreed with, his joining " -"the cause was a vote of confidence in our argument. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"the cause was a vote of confidence in our argument." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11162 +#: freeculture.xml:12124 msgid "" "The government, in defending the statute, had its collection of friends, as " -"well. Significantly, however, none of these \"friends\" included historians " -"or economists. The briefs on the other side of the case were written " -"exclusively by major media companies, congressmen, and copyright holders." +"well. Significantly, however, none of these <quote>friends</quote> included " +"historians or economists. The briefs on the other side of the case were " +"written exclusively by major media companies, congressmen, and copyright " +"holders." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11169 +#: freeculture.xml:12131 msgid "" "The media companies were not surprising. They had the most to gain from the " "law. The congressmen were not surprising either—they were defending " @@ -14567,9 +16867,19 @@ msgid "" "who did what with content they wanted to control." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12139 +msgid "Gershwin, George" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12140 +msgid "Porgy and Bess" +msgstr "" + #. f14. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:11185 +#: freeculture.xml:12150 msgid "" "Brief of Amici Dr. Seuss Enterprise et al., <citetitle>Eldred</citetitle> " "v. <citetitle>Ashcroft</citetitle>, 537 U.S. (2003) (No. 01-618), 19." @@ -14577,82 +16887,95 @@ msgstr "" #. f15. #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:11193 +#: freeculture.xml:12158 msgid "" -"Dinitia Smith, \"Immortal Words, Immortal Royalties? Even Mickey Mouse Joins " -"the Fray,\" <citetitle>New York Times</citetitle>, 28 March 1998, B7." -msgstr "" - -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:11200 -msgid "Gershwin, George" +"Dinitia Smith, <quote>Immortal Words, Immortal Royalties? Even Mickey Mouse " +"Joins the Fray,</quote> <citetitle>New York Times</citetitle>, 28 March " +"1998, B7." msgstr "" +#. PAGE BREAK 241 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11178 +#: freeculture.xml:12143 msgid "" "Dr. Seuss's representatives, for example, argued that it was better for the " "Dr. Seuss estate to control what happened to Dr. Seuss's work— better " "than allowing it to fall into the public domain—because if this " -"creativity were in the public domain, then people could use it to \"glorify " -"drugs or to create pornography.\"<placeholder type=\"footnote\" id=\"0\"/> " -"That was also the motive of the Gershwin estate, which defended its " -"\"protection\" of the work of George Gershwin. They refuse, for example, to " -"license <citetitle>Porgy and Bess</citetitle> to anyone who refuses to use " -"African Americans in the cast.<placeholder type=\"footnote\" id=\"1\"/> " -"That's their view of how this part of American culture should be controlled, " -"and they wanted this law to help them effect that control. <placeholder " -"type=\"indexterm\" id=\"2\"/>" +"creativity were in the public domain, then people could use it to " +"<quote>glorify drugs or to create pornography.</quote><placeholder " +"type=\"footnote\" id=\"0\"/> That was also the motive of the Gershwin " +"estate, which defended its <quote>protection</quote> of the work of George " +"Gershwin. They refuse, for example, to license <citetitle>Porgy and " +"Bess</citetitle> to anyone who refuses to use African Americans in the " +"cast.<placeholder type=\"footnote\" id=\"1\"/> That's their view of how this " +"part of American culture should be controlled, and they wanted this law to " +"help them effect that control." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11203 +#: freeculture.xml:12167 msgid "" "This argument made clear a theme that is rarely noticed in this debate. " "When Congress decides to extend the term of existing copyrights, Congress is " "making a choice about which speakers it will favor. Famous and beloved " "copyright owners, such as the Gershwin estate and Dr. Seuss, come to " -"Congress and say, \"Give us twenty years to control the speech about these " -"icons of American culture. We'll do better with them than anyone else.\" " -"Congress of course likes to reward the popular and famous by giving them " -"what they want. But when Congress gives people an exclusive right to speak " -"in a certain way, that's just what the First Amendment is traditionally " -"meant to block." +"Congress and say, <quote>Give us twenty years to control the speech about " +"these icons of American culture. We'll do better with them than anyone " +"else.</quote> Congress of course likes to reward the popular and famous by " +"giving them what they want. But when Congress gives people an exclusive " +"right to speak in a certain way, that's just what the First Amendment is " +"traditionally meant to block." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11215 +#: freeculture.xml:12179 msgid "" "We argued as much in a final brief. Not only would upholding the CTEA mean " "that there was no limit to the power of Congress to extend " "copyrights—extensions that would further concentrate the market; it " "would also mean that there was no limit to Congress's power to play " -"favorites, through copyright, with who has the right to speak. Between " -"February and October, there was little I did beyond preparing for this " -"case. Early on, as I said, I set the strategy." +"favorites, through copyright, with who has the right to speak." +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12186 +msgid "" +"<emphasis role='strong'>Between February</emphasis> and October, there was " +"little I did beyond preparing for this case. Early on, as I said, I set the " +"strategy." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12191 freeculture.xml:12377 +msgid "O'Connor, Sandra Day" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11224 +#: freeculture.xml:12193 msgid "" "The Supreme Court was divided into two important camps. One camp we called " -"\"the Conservatives.\" The other we called \"the Rest.\" The Conservatives " -"included Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice " -"Kennedy, and Justice Thomas. These five had been the most consistent in " -"limiting Congress's power. They were the five who had supported the " -"<citetitle>Lopez/Morrison</citetitle> line of cases that said that an " -"enumerated power had to be interpreted to assure that Congress's powers had " -"limits." +"<quote>the Conservatives.</quote> The other we called <quote>the " +"Rest.</quote> The Conservatives included Chief Justice Rehnquist, Justice " +"O'Connor, Justice Scalia, Justice Kennedy, and Justice Thomas. These five " +"had been the most consistent in limiting Congress's power. They were the " +"five who had supported the <citetitle>Lopez/Morrison</citetitle> line of " +"cases that said that an enumerated power had to be interpreted to assure " +"that Congress's powers had limits." msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11233 freeculture.xml:11257 freeculture.xml:11596 freeculture.xml:11608 +#: freeculture.xml:12202 freeculture.xml:12227 freeculture.xml:12579 freeculture.xml:12591 msgid "Breyer, Stephen" msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12203 freeculture.xml:12543 +msgid "Ginsburg, Ruth Bader" +msgstr "" + #. PAGE BREAK 242 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11235 +#: freeculture.xml:12205 msgid "" "The Rest were the four Justices who had strongly opposed limits on " "Congress's power. These four—Justice Stevens, Justice Souter, Justice " @@ -14665,7 +16988,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11247 +#: freeculture.xml:12217 msgid "" "In particular, the least likely was Justice Ginsburg's. In addition to her " "general view about deference to Congress (except where issues of gender are " @@ -14678,7 +17001,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11259 +#: freeculture.xml:12229 msgid "" "Close behind Justice Ginsburg were two justices whom we also viewed as " "unlikely allies, though possible surprises. Justice Souter strongly favored " @@ -14688,7 +17011,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11267 +#: freeculture.xml:12238 msgid "" "The only vote we could be confident about was that of Justice " "Stevens. History will record Justice Stevens as one of the greatest judges " @@ -14699,73 +17022,79 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11275 +#: freeculture.xml:12246 msgid "" -"This analysis of \"the Rest\" showed most clearly where our focus had to be: " -"on the Conservatives. To win this case, we had to crack open these five and " -"get at least a majority to go our way. Thus, the single overriding argument " -"that animated our claim rested on the Conservatives' most important " -"jurisprudential innovation—the argument that Judge Sentelle had relied " -"upon in the Court of Appeals, that Congress's power must be interpreted so " -"that its enumerated powers have limits." +"This analysis of <quote>the Rest</quote> showed most clearly where our focus " +"had to be: on the Conservatives. To win this case, we had to crack open " +"these five and get at least a majority to go our way. Thus, the single " +"overriding argument that animated our claim rested on the Conservatives' " +"most important jurisprudential innovation—the argument that Judge " +"Sentelle had relied upon in the Court of Appeals, that Congress's power must " +"be interpreted so that its enumerated powers have limits." msgstr "" #. PAGE BREAK 243 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11285 +#: freeculture.xml:12256 msgid "" "This then was the core of our strategy—a strategy for which I am " "responsible. We would get the Court to see that just as with the " "<citetitle>Lopez</citetitle> case, under the government's argument here, " "Congress would always have unlimited power to extend existing terms. If " "anything was plain about Congress's power under the Progress Clause, it was " -"that this power was supposed to be \"limited.\" Our aim would be to get the " -"Court to reconcile <citetitle>Eldred</citetitle> with " +"that this power was supposed to be <quote>limited.</quote> Our aim would be " +"to get the Court to reconcile <citetitle>Eldred</citetitle> with " "<citetitle>Lopez</citetitle>: If Congress's power to regulate commerce was " "limited, then so, too, must Congress's power to regulate copyright be " "limited." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11299 +#: freeculture.xml:12270 msgid "" -"The argument on the government's side came down to this: Congress has done " -"it before. It should be allowed to do it again. The government claimed that " -"from the very beginning, Congress has been extending the term of existing " -"copyrights. So, the government argued, the Court should not now say that " -"practice is unconstitutional." +"<emphasis role='strong'>The argument</emphasis> on the government's side " +"came down to this: Congress has done it before. It should be allowed to do " +"it again. The government claimed that from the very beginning, Congress has " +"been extending the term of existing copyrights. So, the government argued, " +"the Court should not now say that practice is unconstitutional." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11306 +#: freeculture.xml:12278 msgid "" "There was some truth to the government's claim, but not much. We certainly " -"agreed that Congress had extended existing terms in and in 1909. And of " +"agreed that Congress had extended existing terms in 1831 and in 1909. And of " "course, in 1962, Congress began extending existing terms " "regularly—eleven times in forty years." msgstr "" -#. PAGE BREAK 244 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11313 +#: freeculture.xml:12285 msgid "" -"But this \"consistency\" should be kept in perspective. Congress extended " -"existing terms once in the first hundred years of the Republic. It then " -"extended existing terms once again in the next fifty. Those rare extensions " -"are in contrast to the now regular practice of extending existing " +"But this <quote>consistency</quote> should be kept in perspective. Congress " +"extended existing terms once in the first hundred years of the Republic. It " +"then extended existing terms once again in the next fifty. Those rare " +"extensions are in contrast to the now regular practice of extending existing " "terms. Whatever restraint Congress had had in the past, that restraint was " "now gone. Congress was now in a cycle of extensions; there was no reason to " "expect that cycle would end. This Court had not hesitated to intervene where " "Congress was in a similar cycle of extension. There was no reason it " -"couldn't intervene here. Oral argument was scheduled for the first week in " -"October. I arrived in D.C. two weeks before the argument. During those two " -"weeks, I was repeatedly \"mooted\" by lawyers who had volunteered to help in " -"the case. Such \"moots\" are basically practice rounds, where wannabe " -"justices fire questions at wannabe winners." +"couldn't intervene here." +msgstr "" + +#. PAGE BREAK 244 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12300 +msgid "" +"<emphasis role='strong'>Oral argument</emphasis> was scheduled for the first " +"week in October. I arrived in D.C. two weeks before the argument. During " +"those two weeks, I was repeatedly <quote>mooted</quote> by lawyers who had " +"volunteered to help in the case. Such <quote>moots</quote> are basically " +"practice rounds, where wannabe justices fire questions at wannabe winners." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11336 +#: freeculture.xml:12310 msgid "" "I was convinced that to win, I had to keep the Court focused on a single " "point: that if this extension is permitted, then there is no limit to the " @@ -14776,28 +17105,26 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11347 +#: freeculture.xml:12323 msgid "" "One moot was before the lawyers at Jones Day. Don Ayer was the skeptic. He " "had served in the Reagan Justice Department with Solicitor General Charles " "Fried. He had argued many cases before the Supreme Court. And in his review " -"of the moot, he let his concern speak: <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"of the moot, he let his concern speak:" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11354 +#: freeculture.xml:12329 msgid "" -"\"I'm just afraid that unless they really see the harm, they won't be " +"<quote>I'm just afraid that unless they really see the harm, they won't be " "willing to upset this practice that the government says has been a " "consistent practice for two hundred years. You have to make them see the " "harm—passionately get them to see the harm. For if they don't see " -"that, then we haven't any chance of winning.\"" +"that, then we haven't any chance of winning.</quote>" msgstr "" -#. PAGE BREAK 245 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11362 +#: freeculture.xml:12337 msgid "" "He may have argued many cases before this Court, I thought, but he didn't " "understand its soul. As a clerk, I had seen the Justices do the right " @@ -14806,16 +17133,22 @@ msgid "" "right thing—not because of politics but because it is right. As I " "listened to Ayer's plea for passion in pressing politics, I understood his " "point, and I rejected it. Our argument was right. That was enough. Let the " -"politicians learn to see that it was also good. The night before the " -"argument, a line of people began to form in front of the Supreme Court. The " -"case had become a focus of the press and of the movement to free " -"culture. Hundreds stood in line for the chance to see the " -"proceedings. Scores spent the night on the Supreme Court steps so that they " -"would be assured a seat." +"politicians learn to see that it was also good." +msgstr "" + +#. PAGE BREAK 245 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12347 +msgid "" +"<emphasis role='strong'>The night before</emphasis> the argument, a line of " +"people began to form in front of the Supreme Court. The case had become a " +"focus of the press and of the movement to free culture. Hundreds stood in " +"line for the chance to see the proceedings. Scores spent the night on the " +"Supreme Court steps so that they would be assured a seat." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11379 +#: freeculture.xml:12357 msgid "" "Not everyone has to wait in line. People who know the Justices can ask for " "seats they control. (I asked Justice Scalia's chambers for seats for my " @@ -14831,7 +17164,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11394 +#: freeculture.xml:12372 msgid "" "When the Chief Justice called me to begin my argument, I began where I " "intended to stay: on the question of the limits on Congress's power. This " @@ -14840,14 +17173,14 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11400 +#: freeculture.xml:12379 msgid "" "Justice O'Connor stopped me within one minute of my opening. The history " "was bothering her." msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:11405 +#: freeculture.xml:12384 msgid "" "justice o'connor: Congress has extended the term so often through the years, " "and if you are right, don't we run the risk of upsetting previous extensions " @@ -14856,16 +17189,16 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11412 +#: freeculture.xml:12391 msgid "" -"She was quite willing to concede \"that this flies directly in the face of " -"what the framers had in mind.\" But my response again and again was to " -"emphasize limits on Congress's power." +"She was quite willing to concede <quote>that this flies directly in the face " +"of what the framers had in mind.</quote> But my response again and again was " +"to emphasize limits on Congress's power." msgstr "" #. PAGE BREAK 246 #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:11418 +#: freeculture.xml:12397 msgid "" "mr. lessig: Well, if it flies in the face of what the framers had in mind, " "then the question is, is there a way of interpreting their words that gives " @@ -14873,14 +17206,14 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11426 +#: freeculture.xml:12405 msgid "" "There were two points in this argument when I should have seen where the " "Court was going. The first was a question by Justice Kennedy, who observed," msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:11432 +#: freeculture.xml:12411 msgid "" "justice kennedy: Well, I suppose implicit in the argument that the '76 act, " "too, should have been declared void, and that we might leave it alone " @@ -14890,14 +17223,14 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11440 +#: freeculture.xml:12419 msgid "" "Here follows my clear mistake. Like a professor correcting a student, I " "answered," msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:11446 +#: freeculture.xml:12425 msgid "" "mr. lessig: Justice, we are not making an empirical claim at all. Nothing " "in our Copyright Clause claim hangs upon the empirical assertion about " @@ -14907,7 +17240,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11455 +#: freeculture.xml:12434 msgid "" "That was a correct answer, but it wasn't the right answer. The right answer " "was instead that there was an obvious and profound harm. Any number of " @@ -14917,7 +17250,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11462 +#: freeculture.xml:12441 msgid "" "The second came from the Chief, for whom the whole case had been " "crafted. For the Chief Justice had crafted the <citetitle>Lopez</citetitle> " @@ -14926,21 +17259,21 @@ msgstr "" #. PAGE BREAK 247 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11467 +#: freeculture.xml:12446 msgid "" "It was clear a second into his question that he wasn't at all sympathetic. " "To him, we were a bunch of anarchists. As he asked:" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:11474 +#: freeculture.xml:12453 msgid "" "chief justice: Well, but you want more than that. You want the right to copy " "verbatim other people's books, don't you?" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:11478 +#: freeculture.xml:12457 msgid "" "mr. lessig: We want the right to copy verbatim works that should be in the " "public domain and would be in the public domain but for a statute that " @@ -14948,8 +17281,13 @@ msgid "" "proper reading of the limits built into the Copyright Clause." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12465 +msgid "Olson, Theodore B." +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11487 +#: freeculture.xml:12467 msgid "" "Things went better for us when the government gave its argument; for now the " "Court picked up on the core of our claim. As Justice Scalia asked Solicitor " @@ -14957,7 +17295,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:11493 +#: freeculture.xml:12473 msgid "" "justice scalia: You say that the functional equivalent of an unlimited time " "would be a violation [of the Constitution], but that's precisely the " @@ -14966,7 +17304,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11501 +#: freeculture.xml:12481 msgid "" "When Olson was finished, it was my turn to give a closing rebuttal. Olson's " "flailing had revived my anger. But my anger still was directed to the " @@ -14982,15 +17320,16 @@ msgstr "" #. PAGE BREAK 248 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11514 +#: freeculture.xml:12494 msgid "" -"As I left the court that day, I knew there were a hundred points I wished I " -"could remake. There were a hundred questions I wished I had answered " -"differently. But one way of thinking about this case left me optimistic." +"<emphasis role='strong'>As I left</emphasis> the court that day, I knew " +"there were a hundred points I wished I could remake. There were a hundred " +"questions I wished I had answered differently. But one way of thinking about " +"this case left me optimistic." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11522 +#: freeculture.xml:12503 msgid "" "The government had been asked over and over again, what is the limit? Over " "and over again, it had answered there is no limit. This was precisely the " @@ -15007,17 +17346,18 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11537 +#: freeculture.xml:12518 msgid "" -"The morning of January 15, 2003, I was five minutes late to the office and " -"missed the 7:00 A.M. call from the Supreme Court clerk. Listening to the " -"message, I could tell in an instant that she had bad news to report.The " -"Supreme Court had affirmed the decision of the Court of Appeals. Seven " -"justices had voted in the majority. There were two dissents." +"<emphasis role='strong'>The morning</emphasis> of January 15, 2003, I was " +"five minutes late to the office and missed the 7:00 A.M. call from the " +"Supreme Court clerk. Listening to the message, I could tell in an instant " +"that she had bad news to report.The Supreme Court had affirmed the decision " +"of the Court of Appeals. Seven justices had voted in the majority. There " +"were two dissents." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11544 +#: freeculture.xml:12526 msgid "" "A few seconds later, the opinions arrived by e-mail. I took the phone off " "the hook, posted an announcement to our blog, and sat down to see where I " @@ -15025,7 +17365,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11549 +#: freeculture.xml:12531 msgid "" "My <emphasis>reasoning</emphasis>. Here was a case that pitted all the money " "in the world against <emphasis>reasoning</emphasis>. And here was the last " @@ -15033,7 +17373,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11555 +#: freeculture.xml:12537 msgid "" "I first scoured the opinion, looking for how the Court would distinguish the " "principle in this case from the principle in " @@ -15044,7 +17384,7 @@ msgstr "" #. PAGE BREAK 249 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11564 +#: freeculture.xml:12547 msgid "" "Justice Ginsburg simply ignored the enumerated powers argument. Consistent " "with her view that Congress's power was not limited generally, she had found " @@ -15052,7 +17392,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11569 +#: freeculture.xml:12552 msgid "" "Her opinion was perfectly reasonable—for her, and for Justice " "Souter. Neither believes in <citetitle>Lopez</citetitle>. It would be too " @@ -15061,7 +17401,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11575 +#: freeculture.xml:12558 msgid "" "But as I realized what had happened, I couldn't quite believe what I was " "reading. I had said there was no way this Court could reconcile limited " @@ -15075,7 +17415,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11586 +#: freeculture.xml:12569 msgid "" "Yet by what right did they get to choose which of the framers' values they " "would respect? By what right did they—the silent five—get to " @@ -15088,7 +17428,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11598 +#: freeculture.xml:12581 msgid "" "Justices Breyer and Stevens wrote very strong dissents. Stevens's opinion " "was crafted internal to the law: He argued that the tradition of " @@ -15103,7 +17443,7 @@ msgstr "" #. PAGE BREAK 250 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11611 +#: freeculture.xml:12594 msgid "" "Justice Breyer's opinion, perhaps the best opinion he has ever written, was " "external to the Constitution. He argued that the term of copyrights has " @@ -15111,12 +17451,13 @@ msgid "" "current term, a copyright gave an author 99.8 percent of the value of a " "perpetual term. Breyer said we were wrong, that the actual number was " "99.9997 percent of a perpetual term. Either way, the point was clear: If the " -"Constitution said a term had to be \"limited,\" and the existing term was so " -"long as to be effectively unlimited, then it was unconstitutional." +"Constitution said a term had to be <quote>limited,</quote> and the existing " +"term was so long as to be effectively unlimited, then it was " +"unconstitutional." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11622 +#: freeculture.xml:12605 msgid "" "These two justices understood all the arguments we had made. But because " "neither believed in the <citetitle>Lopez</citetitle> case, neither was " @@ -15127,32 +17468,38 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11629 +#: freeculture.xml:12612 msgid "" -"Defeat brings depression. They say it is a sign of health when depression " -"gives way to anger. My anger came quickly, but it didn't cure the " -"depression. This anger was of two sorts." +"<emphasis role='strong'>Defeat brings depression</emphasis>. They say it is " +"a sign of health when depression gives way to anger. My anger came quickly, " +"but it didn't cure the depression. This anger was of two sorts." +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:12617 +msgid "originalism" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11634 +#: freeculture.xml:12619 msgid "" -"It was first anger with the five \"Conservatives.\" It would have been one " -"thing for them to have explained why the principle of " +"It was first anger with the five <quote>Conservatives.</quote> It would have " +"been one thing for them to have explained why the principle of " "<citetitle>Lopez</citetitle> didn't apply in this case. That wouldn't have " "been a very convincing argument, I don't believe, having read it made by " "others, and having tried to make it myself. But it at least would have been " "an act of integrity. These justices in particular have repeatedly said that " -"the proper mode of interpreting the Constitution is \"originalism\"—to " -"first understand the framers' text, interpreted in their context, in light " -"of the structure of the Constitution. That method had produced " -"<citetitle>Lopez</citetitle> and many other \"originalist\" rulings. Where " -"was their \"originalism\" now?" +"the proper mode of interpreting the Constitution is " +"<quote>originalism</quote>—to first understand the framers' text, " +"interpreted in their context, in light of the structure of the " +"Constitution. That method had produced <citetitle>Lopez</citetitle> and many " +"other <quote>originalist</quote> rulings. Where was their " +"<quote>originalism</quote> now?" msgstr "" #. PAGE BREAK 251 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11647 +#: freeculture.xml:12632 msgid "" "Here, they had joined an opinion that never once tried to explain what the " "framers had meant by crafting the Progress Clause as they did; they joined " @@ -15167,7 +17514,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11662 +#: freeculture.xml:12647 msgid "" "My anger with the Conservatives quickly yielded to anger with myself. For I " "had let a view of the law that I liked interfere with a view of the law as " @@ -15175,7 +17522,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11669 +#: freeculture.xml:12654 msgid "" "Most lawyers, and most law professors, have little patience for idealism " "about courts in general and this Supreme Court in particular. Most have a " @@ -15190,7 +17537,7 @@ msgstr "" #. PAGE BREAK 252 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11680 +#: freeculture.xml:12665 msgid "" "As I read back over the transcript from that argument in October, I can see " "a hundred places where the answers could have taken the conversation in " @@ -15209,15 +17556,15 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11700 +#: freeculture.xml:12686 msgid "" "Would it have been different if I had argued it differently? Would it have " "been different if Don Ayer had argued it? Or Charles Fried? Or Kathleen " -"Sullivan? <placeholder type=\"indexterm\" id=\"0\"/>" +"Sullivan?" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11706 +#: freeculture.xml:12691 msgid "" "My friends huddled around me to insist it would not. The Court was not " "ready, my friends insisted. This was a loss that was destined. It would take " @@ -15226,7 +17573,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11712 +#: freeculture.xml:12697 msgid "" "Maybe, but I doubt it. These Justices have no financial interest in doing " "anything except the right thing. They are not lobbied. They have little " @@ -15236,19 +17583,17 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11719 +#: freeculture.xml:12705 msgid "" "And even if I couldn't, then that doesn't excuse what happened in " "January. For at the start of this case, one of America's leading " "intellectual property professors stated publicly that my bringing this case " -"was a mistake. \"The Court is not ready,\" Peter Jaszi said; this issue " -"should not be raised until it is. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"was a mistake. <quote>The Court is not ready,</quote> Peter Jaszi said; this " +"issue should not be raised until it is." msgstr "" -#. PAGE BREAK 253 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11727 +#: freeculture.xml:12712 msgid "" "After the argument and after the decision, Peter said to me, and publicly, " "that he was wrong. But if indeed that Court could not have been persuaded, " @@ -15256,19 +17601,26 @@ msgid "" "was right. Either I was not ready to argue this case in a way that would do " "some good or they were not ready to hear this case in a way that would do " "some good. Either way, the decision to bring this case—a decision I " -"had made four years before—was wrong. While the reaction to the Sonny " -"Bono Act itself was almost unanimously negative, the reaction to the Court's " -"decision was mixed. No one, at least in the press, tried to say that " -"extending the term of copyright was a good idea. We had won that battle over " -"ideas. Where the decision was praised, it was praised by papers that had " -"been skeptical of the Court's activism in other cases. Deference was a good " -"thing, even if it left standing a silly law. But where the decision was " -"attacked, it was attacked because it left standing a silly and harmful " -"law. <citetitle>The New York Times</citetitle> wrote in its editorial," +"had made four years before—was wrong." +msgstr "" + +#. PAGE BREAK 253 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12721 +msgid "" +"<emphasis role='strong'>While the reaction</emphasis> to the Sonny Bono Act " +"itself was almost unanimously negative, the reaction to the Court's decision " +"was mixed. No one, at least in the press, tried to say that extending the " +"term of copyright was a good idea. We had won that battle over ideas. Where " +"the decision was praised, it was praised by papers that had been skeptical " +"of the Court's activism in other cases. Deference was a good thing, even if " +"it left standing a silly law. But where the decision was attacked, it was " +"attacked because it left standing a silly and harmful law. <citetitle>The " +"New York Times</citetitle> wrote in its editorial," msgstr "" #. type: Content of: <book><part><chapter><blockquote><para> -#: freeculture.xml:11748 +#: freeculture.xml:12736 msgid "" "In effect, the Supreme Court's decision makes it likely that we are seeing " "the beginning of the end of public domain and the birth of copyright " @@ -15278,66 +17630,76 @@ msgid "" "creative ferment." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:11762 +#. type: Content of: <book><part><chapter><figure><indexterm><primary> +#: freeculture.xml:12751 freeculture.xml:12756 msgid "Bolling, Ruben" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11757 +#: freeculture.xml:12745 msgid "" "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. <placeholder type=\"indexterm\" id=\"0\"/>" +"case, was Ruben Bolling's, reproduced in figure <xref " +"xrefstyle=\"template:%n\" linkend=\"fig-18\"/>. The <quote>powerful and " +"wealthy</quote> line is a bit unfair. But the punch in the face felt exactly " +"like that. <placeholder type=\"indexterm\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><figure> +#: freeculture.xml:12755 +msgid "" +"<graphic fileref=\"images/tom-the-dancing-bug.png\" align=\"center\" " +"width=\"100%\"></graphic> <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11765 +#: freeculture.xml:12759 msgid "" "The image that will always stick in my head is that evoked by the quote from " -"<citetitle>The New York Times</citetitle>. That \"grand experiment\" we call " -"the \"public domain\" is over? When I can make light of it, I think, " -"\"Honey, I shrunk the Constitution.\" But I can rarely make light of it. We " -"had in our Constitution a commitment to free culture. In the case that I " -"fathered, the Supreme Court effectively renounced that commitment. A better " -"lawyer would have made them see differently." +"<citetitle>The New York Times</citetitle>. That <quote>grand " +"experiment</quote> we call the <quote>public domain</quote> is over? When I " +"can make light of it, I think, <quote>Honey, I shrunk the " +"Constitution.</quote> But I can rarely make light of it. We had in our " +"Constitution a commitment to free culture. In the case that I fathered, the " +"Supreme Court effectively renounced that commitment. A better lawyer would " +"have made them see differently." msgstr "" #. type: Content of: <book><part><chapter><title> -#: freeculture.xml:11776 -msgid "CHAPTER FOURTEEN: Eldred II" +#: freeculture.xml:12770 +msgid "Chapter Fourteen: Eldred II" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11778 +#: freeculture.xml:12772 msgid "" -"The day <citetitle>Eldred</citetitle> was decided, fate would have it that I " -"was to travel to Washington, D.C. (The day the rehearing petition in " -"<citetitle>Eldred</citetitle> was denied—meaning the case was really " -"finally over—fate would have it that I was giving a speech to " -"technologists at Disney World.) This was a particularly long flight to my " -"least favorite city. The drive into the city from Dulles was delayed because " -"of traffic, so I opened up my computer and wrote an op-ed piece." +"<emphasis role='strong'>The day</emphasis> <citetitle>Eldred</citetitle> was " +"decided, fate would have it that I was to travel to Washington, D.C. (The " +"day the rehearing petition in <citetitle>Eldred</citetitle> was " +"denied—meaning the case was really finally over—fate would have " +"it that I was giving a speech to technologists at Disney World.) This was a " +"particularly long flight to my least favorite city. The drive into the city " +"from Dulles was delayed because of traffic, so I opened up my computer and " +"wrote an op-ed piece." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11788 +#: freeculture.xml:12784 msgid "" "It was an act of contrition. During the whole of the flight from San " "Francisco to Washington, I had heard over and over again in my head the same " "advice from Don Ayer: You need to make them see why it is important. And " -"alternating with that command was the question of Justice Kennedy: \"For all " -"these years the act has impeded progress in science and the useful arts. I " -"just don't see any empirical evidence for that.\" And so, having failed in " -"the argument of constitutional principle, finally, I turned to an argument " -"of politics." +"alternating with that command was the question of Justice Kennedy: " +"<quote>For all these years the act has impeded progress in science and the " +"useful arts. I just don't see any empirical evidence for that.</quote> And " +"so, having failed in the argument of constitutional principle, finally, I " +"turned to an argument of politics." msgstr "" #. PAGE BREAK 256 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11798 +#: freeculture.xml:12794 msgid "" "<citetitle>The New York Times</citetitle> published the piece. In it, I " "proposed a simple fix: Fifty years after a work has been published, the " @@ -15347,7 +17709,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11806 +#: freeculture.xml:12802 msgid "" "We called this the Eldred Act, but that was just to give it a name. Eric " "Eldred was kind enough to let his name be used once again, but as he said " @@ -15355,23 +17717,24 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11811 +#: freeculture.xml:12807 msgid "" "Or another two names. For depending upon your perspective, this is either " -"the \"Public Domain Enhancement Act\" or the \"Copyright Term Deregulation " -"Act.\" Either way, the essence of the idea is clear and obvious: Remove " -"copyright where it is doing nothing except blocking access and the spread of " -"knowledge. Leave it for as long as Congress allows for those works where its " -"worth is at least $1. But for everything else, let the content go." +"the <quote>Public Domain Enhancement Act</quote> or the <quote>Copyright " +"Term Deregulation Act.</quote> Either way, the essence of the idea is clear " +"and obvious: Remove copyright where it is doing nothing except blocking " +"access and the spread of knowledge. Leave it for as long as Congress allows " +"for those works where its worth is at least $1. But for everything else, let " +"the content go." msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11819 freeculture.xml:12019 +#: freeculture.xml:12815 freeculture.xml:13016 msgid "Forbes, Steve" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11821 +#: freeculture.xml:12817 msgid "" "The reaction to this idea was amazingly strong. Steve Forbes endorsed it in " "an editorial. I received an avalanche of e-mail and letters expressing " @@ -15385,7 +17748,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11833 +#: freeculture.xml:12829 msgid "" "Indeed, many recognized the obvious benefit of the registration " "requirement. For one of the hardest things about the current system for " @@ -15398,65 +17761,70 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11843 +#: freeculture.xml:12839 msgid "Berlin Act (1908)" msgstr "" #. type: Content of: <book><part><chapter><indexterm><primary> -#: freeculture.xml:11844 freeculture.xml:11884 +#: freeculture.xml:12840 freeculture.xml:12881 msgid "Berne Convention (1908)" msgstr "" -#. f1. +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:12848 +msgid "German copyright law" +msgstr "" + #. type: Content of: <book><part><chapter><para><footnote><para> -#: freeculture.xml:11852 -msgid "" -"Until the 1908 Berlin Act of the Berne Convention, national copyright " -"legislation sometimes made protection depend upon compliance with " -"formalities such as registration, deposit, and affixation of notice of the " -"author's claim of copyright. However, starting with the 1908 act, every text " -"of the Convention has provided that \"the enjoyment and the exercise\" of " -"rights guaranteed by the Convention \"shall not be subject to any " -"formality.\" The prohibition against formalities is presently embodied in " -"Article 5(2) of the Paris Text of the Berne Convention. Many countries " -"continue to impose some form of deposit or registration requirement, albeit " -"not as a condition of copyright. French law, for example, requires the " -"deposit of copies of works in national repositories, principally the " -"National Museum. Copies of books published in the United Kingdom must be " -"deposited in the British Library. The German Copyright Act provides for a " -"Registrar of Authors where the author's true name can be filed in the case " -"of anonymous or pseudonymous works. Paul Goldstein, <citetitle>International " -"Intellectual Property Law, Cases and Materials</citetitle> (New York: " -"Foundation Press, 2001), 153–54." -msgstr "" - -#. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11847 +#: freeculture.xml:12848 +msgid "" +"<placeholder type=\"indexterm\" id=\"0\"/> Until the 1908 Berlin Act of the " +"Berne Convention, national copyright legislation sometimes made protection " +"depend upon compliance with formalities such as registration, deposit, and " +"affixation of notice of the author's claim of copyright. However, starting " +"with the 1908 act, every text of the Convention has provided that <quote>the " +"enjoyment and the exercise</quote> of rights guaranteed by the Convention " +"<quote>shall not be subject to any formality.</quote> The prohibition " +"against formalities is presently embodied in Article 5(2) of the Paris Text " +"of the Berne Convention. Many countries continue to impose some form of " +"deposit or registration requirement, albeit not as a condition of " +"copyright. French law, for example, requires the deposit of copies of works " +"in national repositories, principally the National Museum. Copies of books " +"published in the United Kingdom must be deposited in the British " +"Library. The German Copyright Act provides for a Registrar of Authors where " +"the author's true name can be filed in the case of anonymous or pseudonymous " +"works. Paul Goldstein, <citetitle>International Intellectual Property Law, " +"Cases and Materials</citetitle> (New York: Foundation Press, 2001), " +"153–54." +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12843 msgid "" "As I described in chapter <xref xrefstyle=\"select: labelnumber\" " "linkend=\"property-i\"/>, formalities in copyright law were removed in 1976, " "when Congress followed the Europeans by abandoning any formal requirement " "before a copyright is granted.<placeholder type=\"footnote\" id=\"0\"/> The " -"Europeans are said to view copyright as a \"natural right.\" Natural rights " -"don't need forms to exist. Traditions, like the Anglo-American tradition " -"that required copyright owners to follow form if their rights were to be " -"protected, did not, the Europeans thought, properly respect the dignity of " -"the author. My right as a creator turns on my creativity, not upon the " -"special favor of the government." +"Europeans are said to view copyright as a <quote>natural right.</quote> " +"Natural rights don't need forms to exist. Traditions, like the " +"Anglo-American tradition that required copyright owners to follow form if " +"their rights were to be protected, did not, the Europeans thought, properly " +"respect the dignity of the author. My right as a creator turns on my " +"creativity, not upon the special favor of the government." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11878 +#: freeculture.xml:12875 msgid "" "That's great rhetoric. It sounds wonderfully romantic. But it is absurd " "copyright policy. It is absurd especially for authors, because a world " -"without formalities harms the creator. The ability to spread \"Walt Disney " -"creativity\" is destroyed when there is no simple way to know what's " -"protected and what's not." +"without formalities harms the creator. The ability to spread <quote>Walt " +"Disney creativity</quote> is destroyed when there is no simple way to know " +"what's protected and what's not." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11886 +#: freeculture.xml:12883 msgid "" "The fight against formalities achieved its first real victory in Berlin in " "1908. International copyright lawyers amended the Berne Convention in 1908, " @@ -15469,7 +17837,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11896 +#: freeculture.xml:12893 msgid "" "These complaints were real and sensible. And the strictness of the " "formalities, especially in the United States, was absurd. The law should " @@ -15480,7 +17848,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11904 +#: freeculture.xml:12901 msgid "" "Even that would have been resisted, however, because registration in the " "nineteenth and twentieth centuries was still expensive. It was also a " @@ -15491,19 +17859,19 @@ msgstr "" #. PAGE BREAK 258 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11912 +#: freeculture.xml:12909 msgid "" "In addition to the practical complaint of authors in 1908, there was a moral " "claim as well. There was no reason that creative property should be a " "second-class form of property. If a carpenter builds a table, his rights " "over the table don't depend upon filing a form with the government. He has " -"a property right over the table \"naturally,\" and he can assert that right " -"against anyone who would steal the table, whether or not he has informed the " -"government of his ownership of the table." +"a property right over the table <quote>naturally,</quote> and he can assert " +"that right against anyone who would steal the table, whether or not he has " +"informed the government of his ownership of the table." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11924 +#: freeculture.xml:12921 msgid "" "This argument is correct, but its implications are misleading. For the " "argument in favor of formalities does not depend upon creative property " @@ -15514,7 +17882,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11933 +#: freeculture.xml:12930 msgid "" "No one thinks, for example, that land is second-class property just because " "you have to register a deed with a court if your sale of land is to be " @@ -15532,7 +17900,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11949 +#: freeculture.xml:12946 msgid "" "It is similarly special physics that makes formalities important in " "copyright law. Unlike a carpenter's table, there's nothing in nature that " @@ -15547,19 +17915,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11964 +#: freeculture.xml:12961 msgid "" "This was the understanding of the problem with the Sonny Bono Act that we " -"tried to demonstrate to the Court. This was the part it didn't \"get.\" " -"Because we live in a system without formalities, there is no way easily to " -"build upon or use culture from our past. If copyright terms were, as Justice " -"Story said they would be, \"short,\" then this wouldn't matter much. For " -"fourteen years, under the framers' system, a work would be presumptively " -"controlled. After fourteen years, it would be presumptively uncontrolled." +"tried to demonstrate to the Court. This was the part it didn't " +"<quote>get.</quote> Because we live in a system without formalities, there " +"is no way easily to build upon or use culture from our past. If copyright " +"terms were, as Justice Story said they would be, <quote>short,</quote> then " +"this wouldn't matter much. For fourteen years, under the framers' system, a " +"work would be presumptively controlled. After fourteen years, it would be " +"presumptively uncontrolled." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11974 +#: freeculture.xml:12971 msgid "" "But now that copyrights can be just about a century long, the inability to " "know what is protected and what is not protected becomes a huge and obvious " @@ -15571,7 +17940,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11983 +#: freeculture.xml:12980 msgid "" "The Eldred Act was designed to respond to exactly this problem. If it is " "worth $1 to you, then register your work and you can get the longer " @@ -15581,7 +17950,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11990 +#: freeculture.xml:12987 msgid "" "If it isn't worth it to you to register to get the benefit of an extended " "term, then it shouldn't be worth it for the government to defend your " @@ -15591,7 +17960,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:11997 +#: freeculture.xml:12994 msgid "" "Some worry about the burden on authors. Won't the burden of registering the " "work mean that the $1 is really misleading? Isn't the hassle worth more than " @@ -15600,7 +17969,7 @@ msgstr "" #. PAGE BREAK 260 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12003 +#: freeculture.xml:13000 msgid "" "It is. The hassle is terrible. The system that exists now is awful. I " "completely agree that the Copyright Office has done a terrible job (no doubt " @@ -15618,33 +17987,33 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12021 +#: freeculture.xml:13018 msgid "" -"When Steve Forbes endorsed the idea, some in Washington began to pay " -"attention. Many people contacted me pointing to representatives who might be " -"willing to introduce the Eldred Act. And I had a few who directly suggested " -"that they might be willing to take the first step." +"<emphasis role='strong'>When Steve Forbes</emphasis> endorsed the idea, some " +"in Washington began to pay attention. Many people contacted me pointing to " +"representatives who might be willing to introduce the Eldred Act. And I had " +"a few who directly suggested that they might be willing to take the first " +"step." msgstr "" -#. type: Content of: <book><part><chapter><para><indexterm><primary> -#: freeculture.xml:12034 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:13024 msgid "Lofgren, Zoe" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12027 +#: freeculture.xml:13026 msgid "" "One representative, Zoe Lofgren of California, went so far as to get the " "bill drafted. The draft solved any problem with international law. It " "imposed the simplest requirement upon copyright owners possible. In May " "2003, it looked as if the bill would be introduced. On May 16, I posted on " -"the Eldred Act blog, \"we are close.\" There was a general reaction in the " -"blog community that something good might happen here. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"the Eldred Act blog, <quote>we are close.</quote> There was a general " +"reaction in the blog community that something good might happen here." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12037 +#: freeculture.xml:13035 msgid "" "But at this stage, the lobbyists began to intervene. Jack Valenti and the " "MPAA general counsel came to the congresswoman's office to give the view of " @@ -15656,29 +18025,29 @@ msgstr "" #. PAGE BREAK 261 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12045 +#: freeculture.xml:13043 msgid "" -"The MPAA argued first that Congress had \"firmly rejected the central " -"concept in the proposed bill\"—that copyrights be renewed. That was " -"true, but irrelevant, as Congress's \"firm rejection\" had occurred long " -"before the Internet made subsequent uses much more likely. Second, they " -"argued that the proposal would harm poor copyright owners—apparently " -"those who could not afford the $1 fee. Third, they argued that Congress had " -"determined that extending a copyright term would encourage restoration " -"work. Maybe in the case of the small percentage of work covered by copyright " -"law that is still commercially valuable, but again this was irrelevant, as " -"the proposal would not cut off the extended term unless the $1 fee was not " -"paid. Fourth, the MPAA argued that the bill would impose \"enormous\" costs, " -"since a registration system is not free. True enough, but those costs are " -"certainly less than the costs of clearing the rights for a copyright whose " -"owner is not known. Fifth, they worried about the risks if the copyright to " -"a story underlying a film were to pass into the public domain. But what risk " -"is that? If it is in the public domain, then the film is a valid derivative " -"use." +"The MPAA argued first that Congress had <quote>firmly rejected the central " +"concept in the proposed bill</quote>—that copyrights be renewed. That " +"was true, but irrelevant, as Congress's <quote>firm rejection</quote> had " +"occurred long before the Internet made subsequent uses much more likely. " +"Second, they argued that the proposal would harm poor copyright " +"owners—apparently those who could not afford the $1 fee. Third, they " +"argued that Congress had determined that extending a copyright term would " +"encourage restoration work. Maybe in the case of the small percentage of " +"work covered by copyright law that is still commercially valuable, but again " +"this was irrelevant, as the proposal would not cut off the extended term " +"unless the $1 fee was not paid. Fourth, the MPAA argued that the bill would " +"impose <quote>enormous</quote> costs, since a registration system is not " +"free. True enough, but those costs are certainly less than the costs of " +"clearing the rights for a copyright whose owner is not known. Fifth, they " +"worried about the risks if the copyright to a story underlying a film were " +"to pass into the public domain. But what risk is that? If it is in the " +"public domain, then the film is a valid derivative use." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12066 +#: freeculture.xml:13064 msgid "" "Finally, the MPAA argued that existing law enabled copyright owners to do " "this if they wanted. But the whole point is that there are thousands of " @@ -15689,19 +18058,20 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12074 +#: freeculture.xml:13072 msgid "" -"At the beginning of this book, I told two stories about the law reacting to " -"changes in technology. In the one, common sense prevailed. In the other, " -"common sense was delayed. The difference between the two stories was the " -"power of the opposition—the power of the side that fought to defend " -"the status quo. In both cases, a new technology threatened old " -"interests. But in only one case did those interest's have the power to " -"protect themselves against this new competitive threat." +"<emphasis role='strong'>At the beginning</emphasis> of this book, I told two " +"stories about the law reacting to changes in technology. In the one, common " +"sense prevailed. In the other, common sense was delayed. The difference " +"between the two stories was the power of the opposition—the power of " +"the side that fought to defend the status quo. In both cases, a new " +"technology threatened old interests. But in only one case did those " +"interest's have the power to protect themselves against this new competitive " +"threat." msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12084 +#: freeculture.xml:13082 msgid "" "I used these two cases as a way to frame the war that this book has been " "about. For here, too, a new technology is forcing the law to react. And " @@ -15711,7 +18081,7 @@ msgstr "" #. PAGE BREAK 262 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12093 +#: freeculture.xml:13091 msgid "" "When the issue is piracy, it is right for the law to back the copyright " "owners. The commercial piracy that I described is wrong and harmful, and the " @@ -15724,26 +18094,31 @@ msgid "" "resistance." msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:13101 +msgid "Kelly, Kevin" +msgstr "" + #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12104 +#: freeculture.xml:13103 msgid "" "But when the copyright owners oppose a proposal such as the Eldred Act, " "then, finally, there is an example that lays bare the naked selfinterest " "driving this war. This act would free an extraordinary range of content that " "is otherwise unused. It wouldn't interfere with any copyright owner's desire " "to exercise continued control over his content. It would simply liberate " -"what Kevin Kelly calls the \"Dark Content\" that fills archives around the " -"world. So when the warriors oppose a change like this, we should ask one " -"simple question:" +"what Kevin Kelly calls the <quote>Dark Content</quote> that fills archives " +"around the world. So when the warriors oppose a change like this, we should " +"ask one simple question:" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12114 +#: freeculture.xml:13113 msgid "What does this industry really want?" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12117 +#: freeculture.xml:13116 msgid "" "With very little effort, the warriors could protect their content. So the " "effort to block something like the Eldred Act is not really about protecting " @@ -15756,18 +18131,18 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12128 +#: freeculture.xml:13127 msgid "" "The opposition to the Eldred Act reveals how extreme the other side is. The " "most powerful and sexy and well loved of lobbies really has as its aim not " -"the protection of \"property\" but the rejection of a tradition. Their aim " -"is not simply to protect what is theirs. <emphasis>Their aim is to assure " -"that all there is is what is theirs</emphasis>." +"the protection of <quote>property</quote> but the rejection of a tradition. " +"Their aim is not simply to protect what is theirs. <emphasis>Their aim is to " +"assure that all there is is what is theirs</emphasis>." msgstr "" #. PAGE BREAK 263 #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12136 +#: freeculture.xml:13135 msgid "" "It is not hard to understand why the warriors take this view. It is not hard " "to see why it would benefit them if the competition of the public domain " @@ -15778,7 +18153,7 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12148 +#: freeculture.xml:13147 msgid "" "What is hard to understand is why the public takes this view. It is as if " "the law made airplanes trespassers. The MPAA stands with the Causbys and " @@ -15788,34 +18163,69 @@ msgid "" msgstr "" #. type: Content of: <book><part><chapter><para> -#: freeculture.xml:12155 +#: freeculture.xml:13154 msgid "" "All this seems to follow easily from this untroubled acceptance of the " -"\"property\" in intellectual property. Common sense supports it, and so long " -"as it does, the assaults will rain down upon the technologies of the " -"Internet. The consequence will be an increasing \"permission society.\" The " -"past can be cultivated only if you can identify the owner and gain " -"permission to build upon his work. The future will be controlled by this " -"dead (and often unfindable) hand of the past." +"<quote>property</quote> in intellectual property. Common sense supports it, " +"and so long as it does, the assaults will rain down upon the technologies of " +"the Internet. The consequence will be an increasing <quote>permission " +"society.</quote> The past can be cultivated only if you can identify the " +"owner and gain permission to build upon his work. The future will be " +"controlled by this dead (and often unfindable) hand of the past." msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:12167 -msgid "CONCLUSION" +#: freeculture.xml:13166 +msgid "Conclusion" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13167 +msgid "Africa, medications for HIV patients in" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13168 +msgid "AIDS medications" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13169 +msgid "antiretroviral drugs" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13170 +msgid "developing countries, foreign patent costs in" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13171 freeculture.xml:13684 +msgid "drugs" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13171 freeculture.xml:13684 +msgid "pharmaceutical" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13172 +msgid "HIV/AIDS therapies" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12169 +#: freeculture.xml:13174 msgid "" -"There are more than 35 million people with the AIDS virus " -"worldwide. Twenty-five million of them live in sub-Saharan Africa. " -"Seventeen million have already died. Seventeen million Africans is " -"proportional percentage-wise to seven million Americans. More importantly, " -"it is seventeen million Africans." +"<emphasis role='strong'>There are more</emphasis> than 35 million people " +"with the AIDS virus worldwide. Twenty-five million of them live in " +"sub-Saharan Africa. Seventeen million have already died. Seventeen million " +"Africans is proportional percentage-wise to seven million Americans. More " +"importantly, it is seventeen million Africans." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12176 +#: freeculture.xml:13181 msgid "" "There is no cure for AIDS, but there are drugs to slow its progression. " "These antiretroviral therapies are still experimental, but they have already " @@ -15826,10 +18236,10 @@ msgstr "" #. f1. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12191 +#: freeculture.xml:13196 msgid "" -"Commission on Intellectual Property Rights, \"Final Report: Integrating " -"Intellectual Property Rights and Development Policy\" (London, 2002), " +"Commission on Intellectual Property Rights, <quote>Final Report: Integrating " +"Intellectual Property Rights and Development Policy</quote> (London, 2002), " "available at <ulink url=\"http://free-culture.cc/notes/\">link " "#55</ulink>. According to a World Health Organization press release issued 9 " "July 2002, only 230,000 of the 6 million who need drugs in the developing " @@ -15837,7 +18247,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12184 +#: freeculture.xml:13189 msgid "" "These drugs are expensive. When they were first introduced in the United " "States, they cost between $10,000 and $15,000 per person per year. Today, " @@ -15848,9 +18258,19 @@ msgid "" "id=\"0\"/>" msgstr "" +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13205 freeculture.xml:13686 +msgid "on pharmaceuticals" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13206 +msgid "pharmaceutical patents" +msgstr "" + #. PAGE BREAK 265 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12202 +#: freeculture.xml:13209 msgid "" "These prices are not high because the ingredients of the drugs are " "expensive. These prices are high because the drugs are protected by " @@ -15861,7 +18281,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12210 +#: freeculture.xml:13217 msgid "" "There are many who are skeptical of patents, especially drug patents. I am " "not. Indeed, of all the areas of research that might be supported by " @@ -15874,7 +18294,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12221 +#: freeculture.xml:13228 msgid "" "But it is one thing to support patents, even drug patents. It is another " "thing to determine how best to deal with a crisis. And as African leaders " @@ -15884,12 +18304,27 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:12239 freeculture.xml:12670 +#: freeculture.xml:13234 +msgid "international law" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13235 +msgid "parallel importation" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13236 +msgid "South Africa, Republic of, pharmaceutical imports by" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13249 freeculture.xml:13742 msgid "Braithwaite, John" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12237 +#: freeculture.xml:13247 msgid "" "See Peter Drahos with John Braithwaite, <citetitle>Information Feudalism: " "Who Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), " @@ -15898,20 +18333,25 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12228 +#: freeculture.xml:13238 msgid "" "In 1997, South Africa tried one tack. It passed a law to allow the " "importation of patented medicines that had been produced or sold in another " "nation's market with the consent of the patent owner. For example, if the " "drug was sold in India, it could be imported into Africa from India. This is " -"called \"parallel importation,\" and it is generally permitted under " -"international trade law and is specifically permitted within the European " -"Union.<placeholder type=\"footnote\" id=\"0\"/>" +"called <quote>parallel importation,</quote> and it is generally permitted " +"under international trade law and is specifically permitted within the " +"European Union.<placeholder type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13253 +msgid "United States Trade Representative (USTR)" msgstr "" #. f3. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12250 +#: freeculture.xml:13261 msgid "" "International Intellectual Property Institute (IIPI), <citetitle>Patent " "Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a " @@ -15926,7 +18366,7 @@ msgstr "" #. f4. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12277 +#: freeculture.xml:13288 msgid "" "International Intellectual Property Institute (IIPI), <citetitle>Patent " "Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a " @@ -15935,12 +18375,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12244 +#: freeculture.xml:13255 msgid "" "However, the United States government opposed the bill. Indeed, more than " "opposed. As the International Intellectual Property Association " -"characterized it, \"The U.S. government pressured South Africa . . . not to " -"permit compulsory licensing or parallel imports.\"<placeholder " +"characterized it, <quote>The U.S. government pressured South Africa … " +"not to permit compulsory licensing or parallel imports.</quote><placeholder " "type=\"footnote\" id=\"0\"/> Through the Office of the United States Trade " "Representative, the government asked South Africa to change the " "law—and to add pressure to that request, in 1998, the USTR listed " @@ -15958,7 +18398,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12283 +#: freeculture.xml:13295 msgid "" "We should place the intervention by the United States in context. No doubt " "patents are not the most important reason that Africans don't have access to " @@ -15970,7 +18410,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12293 +#: freeculture.xml:13305 msgid "" "By stopping the flow of HIV treatment into Africa, the United States " "government was not saving drugs for United States citizens. This is not " @@ -15981,7 +18421,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12301 +#: freeculture.xml:13313 msgid "" "Nor was the intervention by the United States going to protect the profits " "of United States drug companies—at least, not substantially. It was " @@ -15995,50 +18435,55 @@ msgstr "" #. f5. #. PAGE BREAK 333 #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12316 +#: freeculture.xml:13328 msgid "" -"See Sabin Russell, \"New Crusade to Lower AIDS Drug Costs: Africa's Needs at " -"Odds with Firms' Profit Motive,\" <citetitle>San Francisco " +"See Sabin Russell, <quote>New Crusade to Lower AIDS Drug Costs: Africa's " +"Needs at Odds with Firms' Profit Motive,</quote> <citetitle>San Francisco " "Chronicle</citetitle>, 24 May 1999, A1, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #57</ulink> (\"compulsory " +"url=\"http://free-culture.cc/notes/\">link #57</ulink> (<quote>compulsory " "licenses and gray markets pose a threat to the entire system of intellectual " -"property protection\"); Robert Weissman, \"AIDS and Developing Countries: " -"Democratizing Access to Essential Medicines,\" <citetitle>Foreign Policy in " -"Focus</citetitle> 4:23 (August 1999), available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #58</ulink> (describing " -"U.S. policy); John A. Harrelson, \"TRIPS, Pharmaceutical Patents, and the " -"HIV/AIDS Crisis: Finding the Proper Balance Between Intellectual Property " -"Rights and Compassion, a Synopsis,\" <citetitle>Widener Law Symposium " -"Journal</citetitle> (Spring 2001): 175." +"property protection</quote>); Robert Weissman, <quote>AIDS and Developing " +"Countries: Democratizing Access to Essential Medicines,</quote> " +"<citetitle>Foreign Policy in Focus</citetitle> 4:23 (August 1999), available " +"at <ulink url=\"http://free-culture.cc/notes/\">link #58</ulink> (describing " +"U.S. policy); John A. Harrelson, <quote>TRIPS, Pharmaceutical Patents, and " +"the HIV/AIDS Crisis: Finding the Proper Balance Between Intellectual " +"Property Rights and Compassion, a Synopsis,</quote> <citetitle>Widener Law " +"Symposium Journal</citetitle> (Spring 2001): 175." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12310 +#: freeculture.xml:13322 msgid "" "Instead, the argument in favor of restricting this flow of information, " "which was needed to save the lives of millions, was an argument about the " "sanctity of property.<placeholder type=\"footnote\" id=\"0\"/> It was " -"because \"intellectual property\" would be violated that these drugs should " -"not flow into Africa. It was a principle about the importance of " -"\"intellectual property\" that led these government actors to intervene " -"against the South African response to AIDS." +"because <quote>intellectual property</quote> would be violated that these " +"drugs should not flow into Africa. It was a principle about the importance " +"of <quote>intellectual property</quote> that led these government actors to " +"intervene against the South African response to AIDS." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12337 +#: freeculture.xml:13350 msgid "" "Now just step back for a moment. There will be a time thirty years from now " "when our children look back at us and ask, how could we have let this " "happen? How could we allow a policy to be pursued whose direct cost would be " "to speed the death of 15 to 30 million Africans, and whose only real benefit " -"would be to uphold the \"sanctity\" of an idea? What possible justification " -"could there ever be for a policy that results in so many deaths? What " -"exactly is the insanity that would allow so many to die for such an " -"abstraction?" +"would be to uphold the <quote>sanctity</quote> of an idea? What possible " +"justification could there ever be for a policy that results in so many " +"deaths? What exactly is the insanity that would allow so many to die for " +"such an abstraction?" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13359 +msgid "in pharmaceutical industry" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12347 +#: freeculture.xml:13361 msgid "" "Some blame the drug companies. I don't. They are corporations. Their " "managers are ordered by law to make money for the corporation. They push a " @@ -16049,7 +18494,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12355 +#: freeculture.xml:13369 msgid "" "The corruption is our own politicians' failure of integrity. For the drug " "companies would love—they say, and I believe them—to sell their " @@ -16059,25 +18504,31 @@ msgid "" "could be overcome." msgstr "" +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13376 +msgid "of drug patents" +msgstr "" + #. PAGE BREAK 268 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12363 +#: freeculture.xml:13378 msgid "" "A different problem, however, could not be overcome. This is the fear of the " "grandstanding politician who would call the presidents of the drug companies " -"before a Senate or House hearing, and ask, \"How is it you can sell this HIV " -"drug in Africa for only $1 a pill, but the same drug would cost an American " -"$1,500?\" Because there is no \"sound bite\" answer to that question, its " -"effect would be to induce regulation of prices in America. The drug " -"companies thus avoid this spiral by avoiding the first step. They reinforce " -"the idea that property should be sacred. They adopt a rational strategy in " -"an irrational context, with the unintended consequence that perhaps millions " -"die. And that rational strategy thus becomes framed in terms of this " -"ideal—the sanctity of an idea called \"intellectual property.\"" +"before a Senate or House hearing, and ask, <quote>How is it you can sell " +"this HIV drug in Africa for only $1 a pill, but the same drug would cost an " +"American $1,500?</quote> Because there is no <quote>sound bite</quote> " +"answer to that question, its effect would be to induce regulation of prices " +"in America. The drug companies thus avoid this spiral by avoiding the first " +"step. They reinforce the idea that property should be sacred. They adopt a " +"rational strategy in an irrational context, with the unintended consequence " +"that perhaps millions die. And that rational strategy thus becomes framed in " +"terms of this ideal—the sanctity of an idea called <quote>intellectual " +"property.</quote>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12378 +#: freeculture.xml:13400 msgid "" "So when the common sense of your child confronts you, what will you say? " "When the common sense of a generation finally revolts against what we have " @@ -16085,7 +18536,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12384 +#: freeculture.xml:13406 msgid "" "A sensible patent policy could endorse and strongly support the patent " "system without having to reach everyone everywhere in exactly the same " @@ -16098,20 +18549,26 @@ msgid "" "both copyright and patent policies were balanced in just this sense." msgstr "" -#. PAGE BREAK 269 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12396 +#: freeculture.xml:13421 msgid "" "But we as a culture have lost this sense of balance. We have lost the " "critical eye that helps us see the difference between truth and extremism. " "A certain property fundamentalism, having no connection to our tradition, " "now reigns in this culture—bizarrely, and with consequences more grave " "to the spread of ideas and culture than almost any other single policy " -"decision that we as a democracy will make. A simple idea blinds us, and " -"under the cover of darkness, much happens that most of us would reject if " -"any of us looked. So uncritically do we accept the idea of property in ideas " -"that we don't even notice how monstrous it is to deny ideas to a people who " -"are dying without them. So uncritically do we accept the idea of property in " +"decision that we as a democracy will make." +msgstr "" + +#. PAGE BREAK 269 +#. type: Content of: <book><chapter><para> +#: freeculture.xml:13430 +msgid "" +"<emphasis role='strong'>A simple idea</emphasis> blinds us, and under the " +"cover of darkness, much happens that most of us would reject if any of us " +"looked. So uncritically do we accept the idea of property in ideas that we " +"don't even notice how monstrous it is to deny ideas to a people who are " +"dying without them. So uncritically do we accept the idea of property in " "culture that we don't even question when the control of that property " "removes our ability, as a people, to develop our culture " "democratically. Blindness becomes our common sense. And the challenge for " @@ -16120,74 +18577,126 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12416 +#: freeculture.xml:13444 msgid "" "So far, common sense sleeps. There is no revolt. Common sense does not yet " "see what there could be to revolt about. The extremism that now dominates " "this debate fits with ideas that seem natural, and that fit is reinforced by " -"the RCAs of our day. They wage a frantic war to fight \"piracy,\" and " -"devastate a culture for creativity. They defend the idea of \"creative " -"property,\" while transforming real creators into modern-day " -"sharecroppers. They are insulted by the idea that rights should be balanced, " -"even though each of the major players in this content war was itself a " -"beneficiary of a more balanced ideal. The hypocrisy reeks. Yet in a city " -"like Washington, hypocrisy is not even noticed. Powerful lobbies, complex " -"issues, and MTV attention spans produce the \"perfect storm\" for free " -"culture." +"the RCAs of our day. They wage a frantic war to fight <quote>piracy,</quote> " +"and devastate a culture for creativity. They defend the idea of " +"<quote>creative property,</quote> while transforming real creators into " +"modern-day sharecroppers. They are insulted by the idea that rights should " +"be balanced, even though each of the major players in this content war was " +"itself a beneficiary of a more balanced ideal. The hypocrisy reeks. Yet in a " +"city like Washington, hypocrisy is not even noticed. Powerful lobbies, " +"complex issues, and MTV attention spans produce the <quote>perfect " +"storm</quote> for free culture." msgstr "" -#. f6. -#. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12433 -msgid "" -"Jonathan Krim, \"The Quiet War over Open-Source,\" <citetitle>Washington " -"Post</citetitle>, August 2003, E1, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #59</ulink>; William New, " -"\"Global Group's Shift on `Open Source' Meeting Spurs Stir,\" " -"<citetitle>National Journal's Technology Daily</citetitle>, 19 August 2003, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link #60</ulink>; " -"William New, \"U.S. Official Opposes `Open Source' Talks at WIPO,\" " -"<citetitle>National Journal's Technology Daily</citetitle>, 19 August 2003, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link #61</ulink>." +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:13457 freeculture.xml:14227 +msgid "academic journals" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13458 freeculture.xml:13471 +msgid "biomedical research" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13459 freeculture.xml:13629 +msgid "international organization on issues of" msgstr "" #. type: Content of: <book><chapter><section><section><indexterm><primary> -#: freeculture.xml:12461 freeculture.xml:13128 -msgid "academic journals" +#: freeculture.xml:13461 freeculture.xml:13578 freeculture.xml:14146 +msgid "IBM" msgstr "" -#. type: Content of: <book><chapter><section><section><para><indexterm><primary> -#: freeculture.xml:12462 freeculture.xml:13192 +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:13462 freeculture.xml:14293 msgid "PLoS (Public Library of Science)" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:13463 freeculture.xml:14294 +msgid "Public Library of Science (PLoS)" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13464 +msgid "public projects in" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13465 +msgid "single nucleotied polymorphisms (SNPs)" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13466 +msgid "Wellcome Trust" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13467 freeculture.xml:13630 +msgid "World Intellectual Property Organization (WIPO)" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13468 +msgid "World Wide Web" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13469 +msgid "Global Positioning System" +msgstr "" + +#. f6. +#. type: Content of: <book><chapter><para><footnote><para> +#: freeculture.xml:13476 +msgid "" +"Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> " +"<citetitle>Washington Post</citetitle>, August 2003, E1, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #59</ulink>; William New, " +"<quote>Global Group's Shift on `Open Source' Meeting Spurs Stir,</quote> " +"<citetitle>National Journal's Technology Daily</citetitle>, 19 August 2003, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #60</ulink>; " +"William New, <quote>U.S. Official Opposes `Open Source' Talks at " +"WIPO,</quote> <citetitle>National Journal's Technology Daily</citetitle>, 19 " +"August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#61</ulink>." +msgstr "" + +#. PAGE BREAK 270 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12430 -msgid "" -"In August 2003, a fight broke out in the United States about a decision by " -"the World Intellectual Property Organization to cancel a " -"meeting.<placeholder type=\"footnote\" id=\"0\"/> At the request of a wide " -"range of interests, WIPO had decided to hold a meeting to discuss \"open and " -"collaborative projects to create public goods.\" These are projects that " -"have been successful in producing public goods without relying exclusively " -"upon a proprietary use of intellectual property. Examples include the " -"Internet and the World Wide Web, both of which were developed on the basis " -"of protocols in the public domain. It included an emerging trend to support " -"open academic journals, including the Public Library of Science project that " -"I describe in the Afterword. It included a project to develop single " -"nucleotide polymorphisms (SNPs), which are thought to have great " -"significance in biomedical research. (That nonprofit project comprised a " -"consortium of the Wellcome Trust and pharmaceutical and technological " -"companies, including Amersham Biosciences, AstraZeneca, Aventis, Bayer, " -"Bristol-Myers Squibb, Hoffmann-La Roche, Glaxo-SmithKline, IBM, Motorola, " -"Novartis, Pfizer, and Searle.) It included the Global Positioning System, " -"which Ronald Reagan set free in the early 1980s. And it included \"open " -"source and free software.\" <placeholder type=\"indexterm\" id=\"1\"/> " -"<placeholder type=\"indexterm\" id=\"2\"/>" +#: freeculture.xml:13473 +msgid "" +"<emphasis role='strong'>In August 2003</emphasis>, a fight broke out in the " +"United States about a decision by the World Intellectual Property " +"Organization to cancel a meeting.<placeholder type=\"footnote\" id=\"0\"/> " +"At the request of a wide range of interests, WIPO had decided to hold a " +"meeting to discuss <quote>open and collaborative projects to create public " +"goods.</quote> These are projects that have been successful in producing " +"public goods without relying exclusively upon a proprietary use of " +"intellectual property. Examples include the Internet and the World Wide Web, " +"both of which were developed on the basis of protocols in the public " +"domain. It included an emerging trend to support open academic journals, " +"including the Public Library of Science project that I describe in chapter " +"<xref xrefstyle=\"select: labelnumber\" linkend=\"c-afterword\"/>. It " +"included a project to develop single nucleotide polymorphisms (SNPs), which " +"are thought to have great significance in biomedical research. (That " +"nonprofit project comprised a consortium of the Wellcome Trust and " +"pharmaceutical and technological companies, including Amersham Biosciences, " +"AstraZeneca, Aventis, Bayer, Bristol-Myers Squibb, Hoffmann-La Roche, " +"Glaxo-SmithKline, IBM, Motorola, Novartis, Pfizer, and Searle.) It included " +"the Global Positioning System, which Ronald Reagan set free in the early " +"1980s. And it included <quote>open source and free software.</quote>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12465 +#: freeculture.xml:13509 msgid "" "The aim of the meeting was to consider this wide range of projects from one " "common perspective: that none of these projects relied upon intellectual " @@ -16196,16 +18705,21 @@ msgid "" "way in which proprietary claims might be used." msgstr "" +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13515 +msgid "in international debate on intellectual property" +msgstr "" + #. f7. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12473 +#: freeculture.xml:13518 msgid "" "I should disclose that I was one of the people who asked WIPO for the " "meeting." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12472 +#: freeculture.xml:13517 msgid "" "From the perspective of this book, then, the conference was " "ideal.<placeholder type=\"footnote\" id=\"0\"/> The projects within its " @@ -16215,9 +18729,14 @@ msgid "" "with intellectual property issues." msgstr "" +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13527 freeculture.xml:13683 +msgid "World Summit on the Information Society (WSIS)" +msgstr "" + #. PAGE BREAK 271 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12483 +#: freeculture.xml:13529 msgid "" "Indeed, I was once publicly scolded for not recognizing this fact about " "WIPO. In February 2003, I delivered a keynote address to a preparatory " @@ -16231,49 +18750,65 @@ msgid "" "WIPO. In the talk that I had prepared, I had actually made the issue of " "intellectual property relatively minor. But after this astonishing " "statement, I made intellectual property the sole focus of my talk. There was " -"no way to talk about an \"Information Society\" unless one also talked about " -"the range of information and culture that would be free. My talk did not " -"make my immoderate moderator very happy. And she was no doubt correct that " -"the scope of intellectual property protections was ordinarily the stuff of " -"WIPO. But in my view, there couldn't be too much of a conversation about how " -"much intellectual property is needed, since in my view, the very idea of " -"balance in intellectual property had been lost." +"no way to talk about an <quote>Information Society</quote> unless one also " +"talked about the range of information and culture that would be free. My " +"talk did not make my immoderate moderator very happy. And she was no doubt " +"correct that the scope of intellectual property protections was ordinarily " +"the stuff of WIPO. But in my view, there couldn't be too much of a " +"conversation about how much intellectual property is needed, since in my " +"view, the very idea of balance in intellectual property had been lost." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12507 +#: freeculture.xml:13553 msgid "" "So whether or not WSIS can discuss balance in intellectual property, I had " "thought it was taken for granted that WIPO could and should. And thus the " -"meeting about \"open and collaborative projects to create public goods\" " -"seemed perfectly appropriate within the WIPO agenda." +"meeting about <quote>open and collaborative projects to create public " +"goods</quote> seemed perfectly appropriate within the WIPO agenda." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:13562 freeculture.xml:15292 +msgid "Apple Corporation" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13563 +msgid "on free software" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12513 +#: freeculture.xml:13565 msgid "" "But there is one project within that list that is highly controversial, at " -"least among lobbyists. That project is \"open source and free software.\" " -"Microsoft in particular is wary of discussion of the subject. From its " -"perspective, a conference to discuss open source and free software would be " -"like a conference to discuss Apple's operating system. Both open source and " -"free software compete with Microsoft's software. And internationally, many " -"governments have begun to explore requirements that they use open source or " -"free software, rather than \"proprietary software,\" for their own internal " -"uses." +"least among lobbyists. That project is <quote>open source and free " +"software.</quote> Microsoft in particular is wary of discussion of the " +"subject. From its perspective, a conference to discuss open source and free " +"software would be like a conference to discuss Apple's operating " +"system. Both open source and free software compete with Microsoft's " +"software. And internationally, many governments have begun to explore " +"requirements that they use open source or free software, rather than " +"<quote>proprietary software,</quote> for their own internal uses." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13575 +msgid "<quote>copyleft</quote> licenses" msgstr "" #. f8. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12535 +#: freeculture.xml:13591 msgid "" "Microsoft's position about free and open source software is more " -"sophisticated. As it has repeatedly asserted, it has no problem with \"open " -"source\" software or software in the public domain. Microsoft's principal " -"opposition is to \"free software\" licensed under a \"copyleft\" license, " -"meaning a license that requires the licensee to adopt the same terms on any " -"derivative work. See Bradford L. Smith, \"The Future of Software: Enabling " -"the Marketplace to Decide,\" <citetitle>Government Policy Toward Open Source " +"sophisticated. As it has repeatedly asserted, it has no problem with " +"<quote>open source</quote> software or software in the public " +"domain. Microsoft's principal opposition is to <quote>free software</quote> " +"licensed under a <quote>copyleft</quote> license, meaning a license that " +"requires the licensee to adopt the same terms on any derivative work. See " +"Bradford L. Smith, <quote>The Future of Software: Enabling the Marketplace " +"to Decide,</quote> <citetitle>Government Policy Toward Open Source " "Software</citetitle> (Washington, D.C.: AEI-Brookings Joint Center for " "Regulatory Studies, American Enterprise Institute for Public Policy " "Research, 2002), 69, available at <ulink " @@ -16285,50 +18820,69 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12524 +#: freeculture.xml:13580 msgid "" "I don't mean to enter that debate here. It is important only to make clear " "that the distinction is not between commercial and noncommercial " "software. There are many important companies that depend fundamentally upon " "open source and free software, IBM being the most prominent. IBM is " "increasingly shifting its focus to the GNU/Linux operating system, the most " -"famous bit of \"free software\"—and IBM is emphatically a commercial " -"entity. Thus, to support \"open source and free software\" is not to oppose " -"commercial entities. It is, instead, to support a mode of software " -"development that is different from Microsoft's.<placeholder " -"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> " -"<placeholder type=\"indexterm\" id=\"2\"/>" +"famous bit of <quote>free software</quote>—and IBM is emphatically a " +"commercial entity. Thus, to support <quote>open source and free " +"software</quote> is not to oppose commercial entities. It is, instead, to " +"support a mode of software development that is different from " +"Microsoft's.<placeholder type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13609 +msgid "General Public License (GPL)" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13610 +msgid "GPL (General Public License)" msgstr "" #. PAGE BREAK 272 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12555 -msgid "" -"More important for our purposes, to support \"open source and free " -"software\" is not to oppose copyright. \"Open source and free software\" is " -"not software in the public domain. Instead, like Microsoft's software, the " -"copyright owners of free and open source software insist quite strongly that " -"the terms of their software license be respected by adopters of free and " -"open source software. The terms of that license are no doubt different from " -"the terms of a proprietary software license. Free software licensed under " -"the General Public License (GPL), for example, requires that the source code " -"for the software be made available by anyone who modifies and redistributes " -"the software. But that requirement is effective only if copyright governs " -"software. If copyright did not govern software, then free software could not " -"impose the same kind of requirements on its adopters. It thus depends upon " -"copyright law just as Microsoft does." +#: freeculture.xml:13612 +msgid "" +"More important for our purposes, to support <quote>open source and free " +"software</quote> is not to oppose copyright. <quote>Open source and free " +"software</quote> is not software in the public domain. Instead, like " +"Microsoft's software, the copyright owners of free and open source software " +"insist quite strongly that the terms of their software license be respected " +"by adopters of free and open source software. The terms of that license are " +"no doubt different from the terms of a proprietary software license. Free " +"software licensed under the General Public License (GPL), for example, " +"requires that the source code for the software be made available by anyone " +"who modifies and redistributes the software. But that requirement is " +"effective only if copyright governs software. If copyright did not govern " +"software, then free software could not impose the same kind of requirements " +"on its adopters. It thus depends upon copyright law just as Microsoft does." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13631 +msgid "Krim, Jonathan" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13632 +msgid "WIPO meeting opposed by" msgstr "" #. f9. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12581 +#: freeculture.xml:13642 msgid "" -"Krim, \"The Quiet War over Open-Source,\" available at <ulink " +"Krim, <quote>The Quiet War over Open-Source,</quote> available at <ulink " "url=\"http://free-culture.cc/notes/\">link #64</ulink>." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12573 +#: freeculture.xml:13634 msgid "" "It is therefore understandable that as a proprietary software developer, " "Microsoft would oppose this WIPO meeting, and understandable that it would " @@ -16341,7 +18895,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12587 +#: freeculture.xml:13648 msgid "" "I don't blame Microsoft for doing what it can to advance its own interests, " "consistent with the law. And lobbying governments is plainly consistent with " @@ -16350,104 +18904,125 @@ msgid "" "States having succeeded in its lobbying efforts." msgstr "" +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13656 freeculture.xml:13714 +msgid "Boland, Lois" +msgstr "" + #. type: Content of: <book><chapter><para> -#: freeculture.xml:12595 +#: freeculture.xml:13658 msgid "" "What was surprising was the United States government's reason for opposing " "the meeting. Again, as reported by Krim, Lois Boland, acting director of " "international relations for the U.S. Patent and Trademark Office, explained " -"that \"open-source software runs counter to the mission of WIPO, which is to " -"promote intellectual-property rights.\" She is quoted as saying, \"To hold a " -"meeting which has as its purpose to disclaim or waive such rights seems to " -"us to be contrary to the goals of WIPO.\"" +"that <quote>open-source software runs counter to the mission of WIPO, which " +"is to promote intellectual-property rights.</quote> She is quoted as saying, " +"<quote>To hold a meeting which has as its purpose to disclaim or waive such " +"rights seems to us to be contrary to the goals of WIPO.</quote>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12605 +#: freeculture.xml:13669 msgid "These statements are astonishing on a number of levels." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12609 +#: freeculture.xml:13674 msgid "" "First, they are just flat wrong. As I described, most open source and free " "software relies fundamentally upon the intellectual property right called " -"\"copyright\". Without it, restrictions imposed by those licenses wouldn't " -"work. Thus, to say it \"runs counter\" to the mission of promoting " -"intellectual property rights reveals an extraordinary gap in " -"understanding—the sort of mistake that is excusable in a first-year " -"law student, but an embarrassment from a high government official dealing " -"with intellectual property issues." +"<quote>copyright</quote>. Without it, restrictions imposed by those " +"licenses wouldn't work. Thus, to say it <quote>runs counter</quote> to the " +"mission of promoting intellectual property rights reveals an extraordinary " +"gap in understanding—the sort of mistake that is excusable in a " +"first-year law student, but an embarrassment from a high government official " +"dealing with intellectual property issues." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13685 +msgid "generic drugs" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12619 +#: freeculture.xml:13688 msgid "" -"Second, who ever said that WIPO's exclusive aim was to \"promote\" " -"intellectual property maximally? As I had been scolded at the preparatory " -"conference of WSIS, WIPO is to consider not only how best to protect " -"intellectual property, but also what the best balance of intellectual " -"property is. As every economist and lawyer knows, the hard question in " -"intellectual property law is to find that balance. But that there should be " -"limits is, I had thought, uncontested. One wants to ask Ms. Boland, are " -"generic drugs (drugs based on drugs whose patent has expired) contrary to " -"the WIPO mission? Does the public domain weaken intellectual property? Would " -"it have been better if the protocols of the Internet had been patented?" +"Second, who ever said that WIPO's exclusive aim was to " +"<quote>promote</quote> intellectual property maximally? As I had been " +"scolded at the preparatory conference of WSIS, WIPO is to consider not only " +"how best to protect intellectual property, but also what the best balance of " +"intellectual property is. As every economist and lawyer knows, the hard " +"question in intellectual property law is to find that balance. But that " +"there should be limits is, I had thought, uncontested. One wants to ask " +"Ms. Boland, are generic drugs (drugs based on drugs whose patent has " +"expired) contrary to the WIPO mission? Does the public domain weaken " +"intellectual property? Would it have been better if the protocols of the " +"Internet had been patented?" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12632 +#: freeculture.xml:13702 msgid "" "Third, even if one believed that the purpose of WIPO was to maximize " "intellectual property rights, in our tradition, intellectual property rights " "are held by individuals and corporations. They get to decide what to do with " "those rights because, again, they are <emphasis>their</emphasis> rights. If " -"they want to \"waive\" or \"disclaim\" their rights, that is, within our " -"tradition, totally appropriate. When Bill Gates gives away more than $20 " -"billion to do good in the world, that is not inconsistent with the " -"objectives of the property system. That is, on the contrary, just what a " -"property system is supposed to be about: giving individuals the right to " -"decide what to do with <emphasis>their</emphasis> property. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"they want to <quote>waive</quote> or <quote>disclaim</quote> their rights, " +"that is, within our tradition, totally appropriate. When Bill Gates gives " +"away more than $20 billion to do good in the world, that is not inconsistent " +"with the objectives of the property system. That is, on the contrary, just " +"what a property system is supposed to be about: giving individuals the right " +"to decide what to do with <emphasis>their</emphasis> property." msgstr "" #. PAGE BREAK 274 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12646 -msgid "" -"When Ms. Boland says that there is something wrong with a meeting \"which " -"has as its purpose to disclaim or waive such rights,\" she's saying that " -"WIPO has an interest in interfering with the choices of the individuals who " -"own intellectual property rights. That somehow, WIPO's objective should be " -"to stop an individual from \"waiving\" or \"disclaiming\" an intellectual " -"property right. That the interest of WIPO is not just that intellectual " -"property rights be maximized, but that they also should be exercised in the " -"most extreme and restrictive way possible." +#: freeculture.xml:13716 +msgid "" +"When Ms. Boland says that there is something wrong with a meeting " +"<quote>which has as its purpose to disclaim or waive such rights,</quote> " +"she's saying that WIPO has an interest in interfering with the choices of " +"the individuals who own intellectual property rights. That somehow, WIPO's " +"objective should be to stop an individual from <quote>waiving</quote> or " +"<quote>disclaiming</quote> an intellectual property right. That the interest " +"of WIPO is not just that intellectual property rights be maximized, but that " +"they also should be exercised in the most extreme and restrictive way " +"possible." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13727 +msgid "feudal system" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13728 +msgid "feudal system of" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12658 +#: freeculture.xml:13730 msgid "" "There is a history of just such a property system that is well known in the " -"Anglo-American tradition. It is called \"feudalism.\" Under feudalism, not " -"only was property held by a relatively small number of individuals and " -"entities. And not only were the rights that ran with that property powerful " -"and extensive. But the feudal system had a strong interest in assuring that " -"property holders within that system not weaken feudalism by liberating " -"people or property within their control to the free market. Feudalism " -"depended upon maximum control and concentration. It fought any freedom that " -"might interfere with that control." +"Anglo-American tradition. It is called <quote>feudalism.</quote> Under " +"feudalism, not only was property held by a relatively small number of " +"individuals and entities. And not only were the rights that ran with that " +"property powerful and extensive. But the feudal system had a strong interest " +"in assuring that property holders within that system not weaken feudalism by " +"liberating people or property within their control to the free " +"market. Feudalism depended upon maximum control and concentration. It fought " +"any freedom that might interfere with that control." msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12675 +#: freeculture.xml:13747 msgid "" "See Drahos with Braithwaite, <citetitle>Information Feudalism</citetitle>, " "210–20. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12672 +#: freeculture.xml:13744 msgid "" "As Peter Drahos and John Braithwaite relate, this is precisely the choice we " "are now making about intellectual property.<placeholder type=\"footnote\" " @@ -16458,7 +19033,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12684 +#: freeculture.xml:13758 msgid "" "When this battle broke, I blogged it. A spirited debate within the comment " "section ensued. Ms. Boland had a number of supporters who tried to show why " @@ -16468,20 +19043,20 @@ msgstr "" #. PAGE BREAK 275 #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:12691 +#: freeculture.xml:13767 msgid "" "George, you misunderstand Lessig: He's only talking about the world as it " -"should be (\"the goal of WIPO, and the goal of any government, should be to " -"promote the right balance of intellectual property rights, not simply to " -"promote intellectual property rights\"), not as it is. If we were talking " -"about the world as it is, then of course Boland didn't say anything " +"should be (<quote>the goal of WIPO, and the goal of any government, should " +"be to promote the right balance of intellectual property rights, not simply " +"to promote intellectual property rights</quote>), not as it is. If we were " +"talking about the world as it is, then of course Boland didn't say anything " "wrong. But in the world as Lessig would have it, then of course she " "did. Always pay attention to the distinction between Lessig's world and " "ours." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12703 +#: freeculture.xml:13779 msgid "" "I missed the irony the first time I read it. I read it quickly and thought " "the poster was supporting the idea that seeking balance was what our " @@ -16494,18 +19069,19 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12713 +#: freeculture.xml:13790 msgid "" "Obviously, however, the poster was not supporting that idea. Instead, the " -"poster was ridiculing the very idea that in the real world, the \"goal\" of " -"a government should be \"to promote the right balance\" of intellectual " -"property. That was obviously silly to him. And it obviously betrayed, he " -"believed, my own silly utopianism. \"Typical for an academic,\" the poster " -"might well have continued." +"poster was ridiculing the very idea that in the real world, the " +"<quote>goal</quote> of a government should be <quote>to promote the right " +"balance</quote> of intellectual property. That was obviously silly to " +"him. And it obviously betrayed, he believed, my own silly " +"utopianism. <quote>Typical for an academic,</quote> the poster might well " +"have continued." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12721 +#: freeculture.xml:13798 msgid "" "I understand criticism of academic utopianism. I think utopianism is silly, " "too, and I'd be the first to poke fun at the absurdly unrealistic ideals of " @@ -16513,21 +19089,22 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12727 +#: freeculture.xml:13804 msgid "" "But when it has become silly to suppose that the role of our government " -"should be to \"seek balance,\" then count me with the silly, for that means " -"that this has become quite serious indeed. If it should be obvious to " -"everyone that the government does not seek balance, that the government is " -"simply the tool of the most powerful lobbyists, that the idea of holding the " -"government to a different standard is absurd, that the idea of demanding of " -"the government that it speak truth and not lies is just naïve, then who " -"have we, the most powerful democracy in the world, become?" +"should be to <quote>seek balance,</quote> then count me with the silly, for " +"that means that this has become quite serious indeed. If it should be " +"obvious to everyone that the government does not seek balance, that the " +"government is simply the tool of the most powerful lobbyists, that the idea " +"of holding the government to a different standard is absurd, that the idea " +"of demanding of the government that it speak truth and not lies is just " +"naïve, then who have we, the most powerful democracy in the world, " +"become?" msgstr "" #. PAGE BREAK 276 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12738 +#: freeculture.xml:13815 msgid "" "It might be crazy to expect a high government official to speak the " "truth. It might be crazy to believe that government policy will be something " @@ -16536,28 +19113,32 @@ msgid "" "tradition for most of our history—free culture." msgstr "" -#. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:12757 +#. type: Content of: <book><chapter><para> +#: freeculture.xml:13823 +msgid "If this is crazy, then let there be more crazies. Soon." +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13827 msgid "Turner, Ted" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12747 -msgid "" -"If this is crazy, then let there be more crazies. Soon. There are moments " -"of hope in this struggle. And moments that surprise. When the FCC was " -"considering relaxing ownership rules, which would thereby further increase " -"the concentration in media ownership, an extraordinary bipartisan coalition " -"formed to fight this change. For perhaps the first time in history, " -"interests as diverse as the NRA, the ACLU, Moveon.org, William Safire, Ted " -"Turner, and CodePink Women for Peace organized to oppose this change in FCC " -"policy. An astonishing 700,000 letters were sent to the FCC, demanding more " -"hearings and a different result. <placeholder type=\"indexterm\" id=\"0\"/> " -"<placeholder type=\"indexterm\" id=\"1\"/>" +#: freeculture.xml:13829 +msgid "" +"<emphasis role='strong'>There are moments</emphasis> of hope in this " +"struggle. And moments that surprise. When the FCC was considering relaxing " +"ownership rules, which would thereby further increase the concentration in " +"media ownership, an extraordinary bipartisan coalition formed to fight this " +"change. For perhaps the first time in history, interests as diverse as the " +"NRA, the ACLU, Moveon.org, William Safire, Ted Turner, and CodePink Women " +"for Peace organized to oppose this change in FCC policy. An astonishing " +"700,000 letters were sent to the FCC, demanding more hearings and a " +"different result." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12761 +#: freeculture.xml:13840 msgid "" "This activism did not stop the FCC, but soon after, a broad coalition in the " "Senate voted to reverse the FCC decision. The hostile hearings leading up to " @@ -16567,7 +19148,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12769 +#: freeculture.xml:13848 msgid "" "But even this movement misses an important piece of the puzzle. Largeness " "as such is not bad. Freedom is not threatened just because some become very " @@ -16577,7 +19158,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12776 +#: freeculture.xml:13855 msgid "" "The danger in media concentration comes not from the concentration, but " "instead from the feudalism that this concentration, tied to the change in " @@ -16589,165 +19170,182 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12786 +#: freeculture.xml:13865 msgid "" "It is therefore significant that so many would rally to demand competition " "and increased diversity. Still, if the rally is understood as being about " "bigness alone, it is not terribly surprising. We Americans have a long " -"history of fighting \"big,\" wisely or not. That we could be motivated to " -"fight \"big\" again is not something new." +"history of fighting <quote>big,</quote> wisely or not. That we could be " +"motivated to fight <quote>big</quote> again is not something new." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12793 +#: freeculture.xml:13872 msgid "" "It would be something new, and something very important, if an equal number " "could be rallied to fight the increasing extremism built within the idea of " -"\"intellectual property.\" Not because balance is alien to our tradition; " -"indeed, as I've argued, balance is our tradition. But because the muscle to " -"think critically about the scope of anything called \"property\" is not well " -"exercised within this tradition anymore." +"<quote>intellectual property.</quote> Not because balance is alien to our " +"tradition; indeed, as I've argued, balance is our tradition. But because the " +"muscle to think critically about the scope of anything called " +"<quote>property</quote> is not well exercised within this tradition anymore." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12801 +#: freeculture.xml:13880 msgid "" "If we were Achilles, this would be our heel. This would be the place of our " "tragedy." msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:12804 +#: freeculture.xml:13883 msgid "Dylan, Bob" msgstr "" #. f11. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12809 +#: freeculture.xml:13889 msgid "" -"John Borland, \"RIAA Sues 261 File Swappers,\" CNET News.com, September " -"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#65</ulink>; Paul R. La Monica, \"Music Industry Sues Swappers,\" CNN/Money, " -"8 September 2003, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #66</ulink>; Soni Sangha and " -"Phyllis Furman with Robert Gearty, \"Sued for a Song, N.Y.C. 12-Yr-Old Among " -"261 Cited as Sharers,\" <citetitle>New York Daily News</citetitle>, 9 " -"September 2003, 3; Frank Ahrens, \"RIAA's Lawsuits Meet Surprised Targets; " -"Single Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,\" " -"<citetitle>Washington Post</citetitle>, 10 September 2003, E1; Katie Dean, " -"\"Schoolgirl Settles with RIAA,\" <citetitle>Wired News</citetitle>, 10 " +"John Borland, <quote>RIAA Sues 261 File Swappers,</quote> CNET News.com, " "September 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #65</ulink>; Paul R. La Monica, " +"<quote>Music Industry Sues Swappers,</quote> CNN/Money, 8 September 2003, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #66</ulink>; " +"Soni Sangha and Phyllis Furman with Robert Gearty, <quote>Sued for a Song, " +"N.Y.C. 12-Yr-Old Among 261 Cited as Sharers,</quote> <citetitle>New York " +"Daily News</citetitle>, 9 September 2003, 3; Frank Ahrens, <quote>RIAA's " +"Lawsuits Meet Surprised Targets; Single Mother in Calif., 12-Year-Old Girl " +"in N.Y. Among Defendants,</quote> <citetitle>Washington Post</citetitle>, 10 " +"September 2003, E1; Katie Dean, <quote>Schoolgirl Settles with RIAA,</quote> " +"<citetitle>Wired News</citetitle>, 10 September 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #67</ulink>." msgstr "" #. f12. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12827 +#: freeculture.xml:13907 msgid "" -"Jon Wiederhorn, \"Eminem Gets Sued . . . by a Little Old Lady,\" mtv.com, 17 " -"September 2003, available at <ulink " +"Jon Wiederhorn, <quote>Eminem Gets Sued … by a Little Old " +"Lady,</quote> mtv.com, 17 September 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #68</ulink>." msgstr "" #. f13. #. PAGE BREAK 334 #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12834 +#: freeculture.xml:13914 msgid "" -"Kenji Hall, Associated Press, \"Japanese Book May Be Inspiration for Dylan " -"Songs,\" Kansascity.com, 9 July 2003, available at <ulink " +"Kenji Hall, Associated Press, <quote>Japanese Book May Be Inspiration for " +"Dylan Songs,</quote> Kansascity.com, 9 July 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #69</ulink>." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12806 -msgid "" -"As I write these final words, the news is filled with stories about the RIAA " -"lawsuits against almost three hundred individuals.<placeholder " -"type=\"footnote\" id=\"0\"/> Eminem has just been sued for \"sampling\" " -"someone else's music.<placeholder type=\"footnote\" id=\"1\"/> The story " -"about Bob Dylan \"stealing\" from a Japanese author has just finished making " -"the rounds.<placeholder type=\"footnote\" id=\"2\"/> An insider from " -"Hollywood—who insists he must remain anonymous—reports \"an " +#: freeculture.xml:13885 +msgid "" +"<emphasis role='strong'>As I write</emphasis> these final words, the news is " +"filled with stories about the RIAA lawsuits against almost three hundred " +"individuals.<placeholder type=\"footnote\" id=\"0\"/> Eminem has just been " +"sued for <quote>sampling</quote> someone else's music.<placeholder " +"type=\"footnote\" id=\"1\"/> The story about Bob Dylan " +"<quote>stealing</quote> from a Japanese author has just finished making the " +"rounds.<placeholder type=\"footnote\" id=\"2\"/> An insider from " +"Hollywood—who insists he must remain anonymous—reports <quote>an " "amazing conversation with these studio guys. They've got extraordinary [old] " "content that they'd love to use but can't because they can't begin to clear " "the rights. They've got scores of kids who could do amazing things with the " -"content, but it would take scores of lawyers to clean it first.\" " +"content, but it would take scores of lawyers to clean it first.</quote> " "Congressmen are talking about deputizing computer viruses to bring down " "computers thought to violate the law. Universities are threatening expulsion " "for kids who use a computer to share content." msgstr "" +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13931 +msgid "BBC" +msgstr "" + +#. type: Content of: <book><chapter><indexterm><primary> +#: freeculture.xml:13932 +msgid "Brazil, free culture in" +msgstr "" + #. type: Content of: <book><chapter><section><section><indexterm><primary> -#: freeculture.xml:12851 freeculture.xml:13209 +#: freeculture.xml:13933 freeculture.xml:14324 msgid "Creative Commons" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:12852 +#: freeculture.xml:13934 msgid "Gil, Gilberto" msgstr "" +#. type: Content of: <book><chapter><indexterm><secondary> +#: freeculture.xml:13935 +msgid "public creative archive in" +msgstr "" + #. f14. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12857 +#: freeculture.xml:13940 msgid "" -"\"BBC Plans to Open Up Its Archive to the Public,\" BBC press release, 24 " -"August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#70</ulink>." +"<quote>BBC Plans to Open Up Its Archive to the Public,</quote> BBC press " +"release, 24 August 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #70</ulink>." msgstr "" #. f15. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12866 +#: freeculture.xml:13949 msgid "" -"\"Creative Commons and Brazil,\" Creative Commons Weblog, 6 August 2003, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link #71</ulink>." +"<quote>Creative Commons and Brazil,</quote> Creative Commons Weblog, 6 " +"August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#71</ulink>." msgstr "" #. PAGE BREAK 278 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12854 +#: freeculture.xml:13937 msgid "" "Yet on the other side of the Atlantic, the BBC has just announced that it " -"will build a \"Creative Archive,\" from which British citizens can download " -"BBC content, and rip, mix, and burn it.<placeholder type=\"footnote\" " -"id=\"0\"/> And in Brazil, the culture minister, Gilberto Gil, himself a folk " -"hero of Brazilian music, has joined with Creative Commons to release content " -"and free licenses in that Latin American country.<placeholder " -"type=\"footnote\" id=\"1\"/> I've told a dark story. The truth is more " -"mixed. A technology has given us a new freedom. Slowly, some begin to " -"understand that this freedom need not mean anarchy. We can carry a free " -"culture into the twenty-first century, without artists losing and without " -"the potential of digital technology being destroyed. It will take some " -"thought, and more importantly, it will take some will to transform the RCAs " -"of our day into the Causbys." +"will build a <quote>Creative Archive,</quote> from which British citizens " +"can download BBC content, and rip, mix, and burn it.<placeholder " +"type=\"footnote\" id=\"0\"/> And in Brazil, the culture minister, Gilberto " +"Gil, himself a folk hero of Brazilian music, has joined with Creative " +"Commons to release content and free licenses in that Latin American " +"country.<placeholder type=\"footnote\" id=\"1\"/> I've told a dark " +"story. The truth is more mixed. A technology has given us a new " +"freedom. Slowly, some begin to understand that this freedom need not mean " +"anarchy. We can carry a free culture into the twenty-first century, without " +"artists losing and without the potential of digital technology being " +"destroyed. It will take some thought, and more importantly, it will take " +"some will to transform the RCAs of our day into the Causbys." msgstr "" #. PAGE BREAK 279 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12880 +#: freeculture.xml:13963 msgid "" "Common sense must revolt. It must act to free culture. Soon, if this " "potential is ever to be realized." msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:12888 -msgid "AFTERWORD" +#: freeculture.xml:13971 +msgid "Afterword" msgstr "" #. PAGE BREAK 280 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12892 +#: freeculture.xml:13975 msgid "" -"At least some who have read this far will agree with me that something must " -"be done to change where we are heading. The balance of this book maps what " -"might be done." +"<emphasis role='strong'>At least some</emphasis> who have read this far will " +"agree with me that something must be done to change where we are " +"heading. The balance of this book maps what might be done." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12897 +#: freeculture.xml:13980 msgid "" "I divide this map into two parts: that which anyone can do now, and that " "which requires the help of lawmakers. If there is one lesson that we can " @@ -16756,7 +19354,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12903 +#: freeculture.xml:13986 msgid "" "That means this movement must begin in the streets. It must recruit a " "significant number of parents, teachers, librarians, creators, authors, " @@ -16765,7 +19363,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12910 +#: freeculture.xml:13993 msgid "" "Once this movement has its effect in the streets, it has some hope of having " "an effect in Washington. We are still a democracy. What people think " @@ -16775,94 +19373,113 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><title> -#: freeculture.xml:12919 -msgid "US, NOW" +#: freeculture.xml:14002 +msgid "Us, now" msgstr "" #. type: Content of: <book><chapter><section><para> -#: freeculture.xml:12921 +#: freeculture.xml:14004 msgid "" -"Common sense is with the copyright warriors because the debate so far has " -"been framed at the extremes—as a grand either/or: either property or " -"anarchy, either total control or artists won't be paid. If that really is " -"the choice, then the warriors should win." +"<emphasis role='strong'>Common sense</emphasis> is with the copyright " +"warriors because the debate so far has been framed at the extremes—as " +"a grand either/or: either property or anarchy, either total control or " +"artists won't be paid. If that really is the choice, then the warriors " +"should win." msgstr "" #. type: Content of: <book><chapter><section><para> -#: freeculture.xml:12927 +#: freeculture.xml:14011 msgid "" "The mistake here is the error of the excluded middle. There are extremes in " "this debate, but the extremes are not all that there is. There are those who " -"believe in maximal copyright—\"All Rights Reserved\"— and those " -"who reject copyright—\"No Rights Reserved.\" The \"All Rights " -"Reserved\" sorts believe that you should ask permission before you \"use\" a " -"copyrighted work in any way. The \"No Rights Reserved\" sorts believe you " -"should be able to do with content as you wish, regardless of whether you " -"have permission or not." +"believe in maximal copyright—<quote>All Rights Reserved</quote>— " +"and those who reject copyright—<quote>No Rights Reserved.</quote> The " +"<quote>All Rights Reserved</quote> sorts believe that you should ask " +"permission before you <quote>use</quote> a copyrighted work in any way. The " +"<quote>No Rights Reserved</quote> sorts believe you should be able to do " +"with content as you wish, regardless of whether you have permission or not." +msgstr "" + +#. type: Content of: <book><chapter><section><indexterm><secondary> +#: freeculture.xml:14021 +msgid "initial free character of" msgstr "" #. PAGE BREAK 282 #. type: Content of: <book><chapter><section><para> -#: freeculture.xml:12937 +#: freeculture.xml:14023 msgid "" "When the Internet was first born, its initial architecture effectively " -"tilted in the \"no rights reserved\" direction. Content could be copied " -"perfectly and cheaply; rights could not easily be controlled. Thus, " +"tilted in the <quote>no rights reserved</quote> direction. Content could be " +"copied perfectly and cheaply; rights could not easily be controlled. Thus, " "regardless of anyone's desire, the effective regime of copyright under the " -"original design of the Internet was \"no rights reserved.\" Content was " -"\"taken\" regardless of the rights. Any rights were effectively unprotected." +"original design of the Internet was <quote>no rights reserved.</quote> " +"Content was <quote>taken</quote> regardless of the rights. Any rights were " +"effectively unprotected." msgstr "" #. type: Content of: <book><chapter><section><para> -#: freeculture.xml:12949 +#: freeculture.xml:14035 msgid "" "This initial character produced a reaction (opposite, but not quite equal) " "by copyright owners. That reaction has been the topic of this book. Through " "legislation, litigation, and changes to the network's design, copyright " "holders have been able to change the essential character of the environment " "of the original Internet. If the original architecture made the effective " -"default \"no rights reserved,\" the future architecture will make the " -"effective default \"all rights reserved.\" The architecture and law that " -"surround the Internet's design will increasingly produce an environment " -"where all use of content requires permission. The \"cut and paste\" world " -"that defines the Internet today will become a \"get permission to cut and " -"paste\" world that is a creator's nightmare." +"default <quote>no rights reserved,</quote> the future architecture will make " +"the effective default <quote>all rights reserved.</quote> The architecture " +"and law that surround the Internet's design will increasingly produce an " +"environment where all use of content requires permission. The <quote>cut " +"and paste</quote> world that defines the Internet today will become a " +"<quote>get permission to cut and paste</quote> world that is a creator's " +"nightmare." msgstr "" #. type: Content of: <book><chapter><section><para> -#: freeculture.xml:12963 +#: freeculture.xml:14051 msgid "" -"What's needed is a way to say something in the middle—neither \"all " -"rights reserved\" nor \"no rights reserved\" but \"some rights " -"reserved\"— and thus a way to respect copyrights but enable creators " -"to free content as they see fit. In other words, we need a way to restore a " -"set of freedoms that we could just take for granted before." +"What's needed is a way to say something in the middle—neither " +"<quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but " +"<quote>some rights reserved</quote>— and thus a way to respect " +"copyrights but enable creators to free content as they see fit. In other " +"words, we need a way to restore a set of freedoms that we could just take " +"for granted before." msgstr "" #. type: Content of: <book><chapter><section><section><title> -#: freeculture.xml:12972 +#: freeculture.xml:14059 msgid "Rebuilding Freedoms Previously Presumed: Examples" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:14060 +msgid "restoration efforts on previous aspects of" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14062 +msgid "privacy rights" +msgstr "" + #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:12974 +#: freeculture.xml:14064 msgid "" "If you step back from the battle I've been describing here, you will " "recognize this problem from other contexts. Think about privacy. Before the " "Internet, most of us didn't have to worry much about data about our lives " "that we broadcast to the world. If you walked into a bookstore and browsed " "through some of the works of Karl Marx, you didn't need to worry about " -"explaining your browsing habits to your neighbors or boss. The \"privacy\" " -"of your browsing habits was assured." +"explaining your browsing habits to your neighbors or boss. The " +"<quote>privacy</quote> of your browsing habits was assured." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:12984 +#: freeculture.xml:14074 msgid "What made it assured?" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:12988 +#: freeculture.xml:14078 msgid "" "Well, if we think in terms of the modalities I described in chapter <xref " "xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>, your privacy was " @@ -16874,71 +19491,93 @@ msgid "" "for most of us (again, we can hope), spying doesn't pay. The highly " "inefficient architecture of real space means we all enjoy a fairly robust " "amount of privacy. That privacy is guaranteed to us by friction. Not by law " -"(there is no law protecting \"privacy\" in public places), and in many " -"places, not by norms (snooping and gossip are just fun), but instead, by the " -"costs that friction imposes on anyone who would want to spy." +"(there is no law protecting <quote>privacy</quote> in public places), and in " +"many places, not by norms (snooping and gossip are just fun), but instead, " +"by the costs that friction imposes on anyone who would want to spy." msgstr "" #. type: Content of: <book><chapter><section><section><indexterm><primary> -#: freeculture.xml:13003 +#: freeculture.xml:14093 msgid "Amazon" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14094 +msgid "cookies, Internet" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:14095 +msgid "privacy protection on" +msgstr "" + #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13005 +#: freeculture.xml:14097 msgid "" "Enter the Internet, where the cost of tracking browsing in particular has " "become quite tiny. If you're a customer at Amazon, then as you browse the " "pages, Amazon collects the data about what you've looked at. You know this " -"because at the side of the page, there's a list of \"recently viewed\" " -"pages. Now, because of the architecture of the Net and the function of " -"cookies on the Net, it is easier to collect the data than not. The friction " -"has disappeared, and hence any \"privacy\" protected by the friction " -"disappears, too." +"because at the side of the page, there's a list of <quote>recently " +"viewed</quote> pages. Now, because of the architecture of the Net and the " +"function of cookies on the Net, it is easier to collect the data than " +"not. The friction has disappeared, and hence any <quote>privacy</quote> " +"protected by the friction disappears, too." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:14106 +msgid "privacy rights in use of" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13015 +#: freeculture.xml:14108 msgid "" "Amazon, of course, is not the problem. But we might begin to worry about " "libraries. If you're one of those crazy lefties who thinks that people " -"should have the \"right\" to browse in a library without the government " -"knowing which books you look at (I'm one of those lefties, too), then this " -"change in the technology of monitoring might concern you. If it becomes " -"simple to gather and sort who does what in electronic spaces, then the " -"friction-induced privacy of yesterday disappears." +"should have the <quote>right</quote> to browse in a library without the " +"government knowing which books you look at (I'm one of those lefties, too), " +"then this change in the technology of monitoring might concern you. If it " +"becomes simple to gather and sort who does what in electronic spaces, then " +"the friction-induced privacy of yesterday disappears." msgstr "" #. f1. #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:13031 +#: freeculture.xml:14126 msgid "" -"See, for example, Marc Rotenberg, \"Fair Information Practices and the " -"Architecture of Privacy (What Larry Doesn't Get),\" <citetitle>Stanford " -"Technology Law Review</citetitle> 1 (2001): par. 6–18, available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #72</ulink> (describing " -"examples in which technology defines privacy policy). See also Jeffrey " -"Rosen, <citetitle>The Naked Crowd: Reclaiming Security and Freedom in an " -"Anxious Age</citetitle> (New York: Random House, 2004) (mapping tradeoffs " -"between technology and privacy)." +"See, for example, Marc Rotenberg, <quote>Fair Information Practices and the " +"Architecture of Privacy (What Larry Doesn't Get),</quote> " +"<citetitle>Stanford Technology Law Review</citetitle> 1 (2001): " +"par. 6–18, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #72</ulink> (describing examples " +"in which technology defines privacy policy). See also Jeffrey Rosen, " +"<citetitle>The Naked Crowd: Reclaiming Security and Freedom in an Anxious " +"Age</citetitle> (New York: Random House, 2004) (mapping tradeoffs between " +"technology and privacy)." msgstr "" #. PAGE BREAK 284 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13025 +#: freeculture.xml:14120 msgid "" -"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 friction " -"before gave us that leads many to push for laws to do what friction " -"did.<placeholder type=\"footnote\" id=\"0\"/> And whether you're in favor of " -"those laws or not, it is the pattern that is important here. We must take " -"affirmative steps to secure a kind of freedom that was passively provided " -"before. A change in technology now forces those who believe in privacy to " -"affirmatively act where, before, privacy was given by default." +"It is this reality that explains the push of many to define " +"<quote>privacy</quote> on the Internet. It is the recognition that " +"technology can remove what friction before gave us that leads many to push " +"for laws to do what friction did.<placeholder type=\"footnote\" id=\"0\"/> " +"And whether you're in favor of those laws or not, it is the pattern that is " +"important here. We must take affirmative steps to secure a kind of freedom " +"that was passively provided before. A change in technology now forces those " +"who believe in privacy to affirmatively act where, before, privacy was given " +"by default." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14145 +msgid "Data General" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13049 +#: freeculture.xml:14149 msgid "" "A similar story could be told about the birth of the free software " "movement. When computers with software were first made available " @@ -16949,12 +19588,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><indexterm><primary> -#: freeculture.xml:13056 +#: freeculture.xml:14156 msgid "Stallman, Richard" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13058 +#: freeculture.xml:14158 msgid "" "That was the world Richard Stallman was born into, and while he was a " "researcher at MIT, he grew to love the community that developed when one was " @@ -16964,7 +19603,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13066 +#: freeculture.xml:14166 msgid "" "In an academic setting, at least, that's not a terribly radical idea. In a " "math department, anyone would be free to tinker with a proof that someone " @@ -16977,8 +19616,13 @@ msgid "" "else?" msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14177 +msgid "proprietary code" +msgstr "" + #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13078 +#: freeculture.xml:14179 msgid "" "No one answered that question. Instead, the architecture of revenue for " "computing changed. As it became possible to import programs from one system " @@ -16991,7 +19635,7 @@ msgstr "" #. PAGE BREAK 285 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13087 +#: freeculture.xml:14188 msgid "" "Thus, the practice of proprietary code began to spread, and by the early " "1980s, Stallman found himself surrounded by proprietary code. The world of " @@ -17000,18 +19644,24 @@ msgid "" "share software would be fundamentally weakened." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14197 +msgid "Torvalds, Linus" +msgstr "" + #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13096 +#: freeculture.xml:14199 msgid "" "Therefore, in 1984, Stallman began a project to build a free operating " "system, so that at least a strain of free software would survive. That was " -"the birth of the GNU project, into which Linus Torvalds's \"Linux\" kernel " -"was added to produce the GNU/Linux operating system. <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"the birth of the GNU project, into which Linus Torvalds's " +"<quote>Linux</quote> kernel was added to produce the GNU/Linux operating " +"system. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13104 +#: freeculture.xml:14207 msgid "" "Stallman's technique was to use copyright law to build a world of software " "that must be kept free. Software licensed under the Free Software " @@ -17024,7 +19674,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13115 +#: freeculture.xml:14218 msgid "" "Stallman was thus doing for software what privacy advocates now do for " "privacy. He was seeking a way to rebuild a kind of freedom that was taken " @@ -17034,17 +19684,37 @@ msgid "" "passively guaranteed." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14228 +msgid "scientific journals" +msgstr "" + #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13123 +#: freeculture.xml:14230 msgid "" "Finally, consider a very recent example that more directly resonates with " "the story of this book. This is the shift in the way academic and scientific " "journals are produced." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14234 +msgid "Lexis and Westlaw" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:14236 freeculture.xml:14272 +msgid "journals in" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:14237 +msgid "access to opinions of" +msgstr "" + #. PAGE BREAK 286 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13131 +#: freeculture.xml:14239 msgid "" "As digital technologies develop, it is becoming obvious to many that " "printing thousands of copies of journals every month and sending them to " @@ -17060,8 +19730,18 @@ msgid "" "opinion through their respective services." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:14254 +msgid "access fees for material in" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:14255 +msgid "license system for rebuilding of" +msgstr "" + #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13147 +#: freeculture.xml:14257 msgid "" "There's nothing wrong in general with this, and indeed, the ability to " "charge for access to even public domain materials is a good incentive for " @@ -17073,7 +19753,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13156 +#: freeculture.xml:14268 msgid "" "But what if the only way to get access to social and scientific data was " "through proprietary services? What if no one had the ability to browse this " @@ -17081,7 +19761,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13161 +#: freeculture.xml:14274 msgid "" "As many are beginning to notice, this is increasingly the reality with " "scientific journals. When these journals were distributed in paper form, " @@ -17096,7 +19776,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13173 +#: freeculture.xml:14286 msgid "" "As journals become electronic, however, the publishers are demanding that " "libraries not give the general public access to the journals. This means " @@ -17105,8 +19785,9 @@ msgid "" "and market shrink a freedom taken for granted before." msgstr "" +#. PAGE BREAK 287 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13181 +#: freeculture.xml:14296 msgid "" "This shrinking freedom has led many to take affirmative steps to restore the " "freedom that has been lost. The Public Library of Science (PLoS), for " @@ -17116,12 +19797,11 @@ msgid "" "peer review. If accepted, the work is then deposited in a public, electronic " "archive and made permanently available for free. PLoS also sells a print " "version of its work, but the copyright for the print journal does not " -"inhibit the right of anyone to redistribute the work for free. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"inhibit the right of anyone to redistribute the work for free." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13195 +#: freeculture.xml:14310 msgid "" "This is one of many such efforts to restore a freedom taken for granted " "before, but now threatened by changing technology and markets. There's no " @@ -17132,19 +19812,24 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><title> -#: freeculture.xml:13207 +#: freeculture.xml:14323 msgid "Rebuilding Free Culture: One Idea" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13212 +#: freeculture.xml:14326 msgid "" "The same strategy could be applied to culture, as a response to the " "increasing control effected through law and technology." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14329 +msgid "Stanford University" +msgstr "" + #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13216 +#: freeculture.xml:14331 msgid "" "Enter the Creative Commons. The Creative Commons is a nonprofit corporation " "established in Massachusetts, but with its home at Stanford University. Its " @@ -17158,7 +19843,7 @@ msgstr "" #. PAGE BREAK 288 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13227 +#: freeculture.xml:14342 msgid "" "<emphasis>Simple</emphasis>—which means without a middleman, or " "without a lawyer. By developing a free set of licenses that people can " @@ -17171,25 +19856,27 @@ msgid "" "Creative Commons license constitutes a grant of freedom to anyone who " "accesses the license, and more importantly, an expression of the ideal that " "the person associated with the license believes in something different than " -"the \"All\" or \"No\" extremes. Content is marked with the CC mark, which " -"does not mean that copyright is waived, but that certain freedoms are given." +"the <quote>All</quote> or <quote>No</quote> extremes. Content is marked with " +"the CC mark, which does not mean that copyright is waived, but that certain " +"freedoms are given." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13245 +#: freeculture.xml:14360 msgid "" "These freedoms are beyond the freedoms promised by fair use. Their precise " "contours depend upon the choices the creator makes. The creator can choose a " "license that permits any use, so long as attribution is given. She can " "choose a license that permits only noncommercial use. She can choose a " "license that permits any use so long as the same freedoms are given to other " -"uses (\"share and share alike\"). Or any use so long as no derivative use is " -"made. Or any use at all within developing nations. Or any sampling use, so " -"long as full copies are not made. Or lastly, any educational use." +"uses (<quote>share and share alike</quote>). Or any use so long as no " +"derivative use is made. Or any use at all within developing nations. Or any " +"sampling use, so long as full copies are not made. Or lastly, any " +"educational use." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13256 +#: freeculture.xml:14371 msgid "" "These choices thus establish a range of freedoms beyond the default of " "copyright law. They also enable freedoms that go beyond traditional fair " @@ -17201,41 +19888,43 @@ msgid "" "that content will in turn enable us to rebuild a public domain." msgstr "" -#. type: Content of: <book><chapter><section><section><para><indexterm><primary> -#: freeculture.xml:13277 +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14381 msgid "Garlick, Mia" msgstr "" +#. PAGE BREAK 289 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13267 +#: freeculture.xml:14383 msgid "" "This is just one project among many within the Creative Commons. And of " "course, Creative Commons is not the only organization pursuing such " "freedoms. But the point that distinguishes the Creative Commons from many is " "that we are not interested only in talking about a public domain or in " "getting legislators to help build a public domain. Our aim is to build a " -"movement of consumers and producers of content (\"content conducers,\" as " -"attorney Mia Garlick calls them) who help build the public domain and, by " -"their work, demonstrate the importance of the public domain to other " -"creativity. <placeholder type=\"indexterm\" id=\"0\"/>" +"movement of consumers and producers of content (<quote>content " +"conducers,</quote> as attorney Mia Garlick calls them) who help build the " +"public domain and, by their work, demonstrate the importance of the public " +"domain to other creativity." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13280 +#: freeculture.xml:14396 msgid "" -"The aim is not to fight the \"All Rights Reserved\" sorts. The aim is to " -"complement them. The problems that the law creates for us as a culture are " -"produced by insane and unintended consequences of laws written centuries " -"ago, applied to a technology that only Jefferson could have imagined. The " -"rules may well have made sense against a background of technologies from " -"centuries ago, but they do not make sense against the background of digital " -"technologies. New rules—with different freedoms, expressed in ways so " -"that humans without lawyers can use them—are needed. Creative Commons " -"gives people a way effectively to begin to build those rules." +"The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The " +"aim is to complement them. The problems that the law creates for us as a " +"culture are produced by insane and unintended consequences of laws written " +"centuries ago, applied to a technology that only Jefferson could have " +"imagined. The rules may well have made sense against a background of " +"technologies from centuries ago, but they do not make sense against the " +"background of digital technologies. New rules—with different freedoms, " +"expressed in ways so that humans without lawyers can use them—are " +"needed. Creative Commons gives people a way effectively to begin to build " +"those rules." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13292 +#: freeculture.xml:14409 msgid "" "Why would creators participate in giving up total control? Some participate " "to better spread their content. Cory Doctorow, for example, is a science " @@ -17245,7 +19934,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13299 +#: freeculture.xml:14416 msgid "" "Why would a publisher ever agree to this? I suspect his publisher reasoned " "like this: There are two groups of people out there: (1) those who will buy " @@ -17259,16 +19948,26 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13311 +#: freeculture.xml:14428 msgid "" "Indeed, the experience of his publisher clearly supports that conclusion. " "The book's first printing was exhausted months before the publisher had " "expected. This first novel of a science fiction author was a total success." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14433 +msgid "Free for All (Wayner)" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14434 +msgid "Wayner, Peter" +msgstr "" + #. PAGE BREAK 290 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13317 +#: freeculture.xml:14436 msgid "" "The idea that free content might increase the value of nonfree content was " "confirmed by the experience of another author. Peter Wayner, who wrote a " @@ -17279,9 +19978,24 @@ msgid "" "downloads increased, the used book price for his book increased, as well." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14447 +msgid "Public Enemy" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14448 +msgid "rap music" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14449 +msgid "Leaphart, Walter" +msgstr "" + #. f2. #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:13344 +#: freeculture.xml:14466 msgid "" "<citetitle>Willful Infringement: A Report from the Front Lines of the Real " "Culture Wars</citetitle> (2003), produced by Jed Horovitz, directed by Greg " @@ -17290,42 +20004,42 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13328 +#: freeculture.xml:14451 msgid "" "These are examples of using the Commons to better spread proprietary " "content. I believe that is a wonderful and common use of the Commons. There " "are others who use Creative Commons licenses for other reasons. Many who use " -"the \"sampling license\" do so because anything else would be " +"the <quote>sampling license</quote> do so because anything else would be " "hypocritical. The sampling license says that others are free, for commercial " "or noncommercial purposes, to sample content from the licensed work; they " "are just not free to make full copies of the licensed work available to " "others. This is consistent with their own art—they, too, sample from " "others. Because the <emphasis>legal</emphasis> costs of sampling are so high " "(Walter Leaphart, manager of the rap group Public Enemy, which was born " -"sampling the music of others, has stated that he does not \"allow\" Public " -"Enemy to sample anymore, because the legal costs are so high<placeholder " -"type=\"footnote\" id=\"0\"/>), these artists release into the creative " -"environment content that others can build upon, so that their form of " -"creativity might grow." +"sampling the music of others, has stated that he does not " +"<quote>allow</quote> Public Enemy to sample anymore, because the legal costs " +"are so high<placeholder type=\"footnote\" id=\"0\"/>), these artists release " +"into the creative environment content that others can build upon, so that " +"their form of creativity might grow." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13353 +#: freeculture.xml:14475 msgid "" "Finally, there are many who mark their content with a Creative Commons " "license just because they want to express to others the importance of " "balance in this debate. If you just go along with the system as it is, you " -"are effectively saying you believe in the \"All Rights Reserved\" " +"are effectively saying you believe in the <quote>All Rights Reserved</quote> " "model. Good for you, but many do not. Many believe that however appropriate " "that rule is for Hollywood and freaks, it is not an appropriate description " "of how most creators view the rights associated with their content. The " -"Creative Commons license expresses this notion of \"Some Rights Reserved,\" " -"and gives many the chance to say it to others." +"Creative Commons license expresses this notion of <quote>Some Rights " +"Reserved,</quote> and gives many the chance to say it to others." msgstr "" #. PAGE BREAK 291 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13365 +#: freeculture.xml:14487 msgid "" "In the first six months of the Creative Commons experiment, over 1 million " "objects were licensed with these free-culture licenses. The next step is " @@ -17336,7 +20050,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13375 +#: freeculture.xml:14497 msgid "" "These are first steps to rebuilding a public domain. They are not mere " "arguments; they are action. Building a public domain is the first step to " @@ -17347,7 +20061,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13383 +#: freeculture.xml:14505 msgid "" "Creative Commons is just one example of voluntary efforts by individuals and " "creators to change the mix of rights that now govern the creative field. The " @@ -17358,22 +20072,22 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><title> -#: freeculture.xml:13397 -msgid "THEM, SOON" +#: freeculture.xml:14519 +msgid "Them, soon" msgstr "" #. type: Content of: <book><chapter><section><para> -#: freeculture.xml:13399 +#: freeculture.xml:14521 msgid "" -"We will not reclaim a free culture by individual action alone. It will also " -"take important reforms of laws. We have a long way to go before the " -"politicians will listen to these ideas and implement these reforms. But " -"that also means that we have time to build awareness around the changes that " -"we need." +"<emphasis role='strong'>We will</emphasis> not reclaim a free culture by " +"individual action alone. It will also take important reforms of laws. We " +"have a long way to go before the politicians will listen to these ideas and " +"implement these reforms. But that also means that we have time to build " +"awareness around the changes that we need." msgstr "" #. type: Content of: <book><chapter><section><para> -#: freeculture.xml:13406 +#: freeculture.xml:14528 msgid "" "In this chapter, I outline five kinds of changes: four that are general, and " "one that's specific to the most heated battle of the day, music. Each is a " @@ -17382,12 +20096,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><title> -#: freeculture.xml:13413 +#: freeculture.xml:14535 msgid "1. More Formalities" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13415 +#: freeculture.xml:14537 msgid "" "If you buy a house, you have to record the sale in a deed. If you buy land " "upon which to build a house, you have to record the purchase in a deed. If " @@ -17397,28 +20111,28 @@ msgstr "" #. PAGE BREAK 293 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13422 +#: freeculture.xml:14544 msgid "" "These are all formalities associated with property. They are requirements " "that we all must bear if we want our property to be protected." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13427 +#: freeculture.xml:14549 msgid "" "In contrast, under current copyright law, you automatically get a copyright, " "regardless of whether you comply with any formality. You don't have to " "register. You don't even have to mark your content. The default is control, " -"and \"formalities\" are banished." +"and <quote>formalities</quote> are banished." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13433 +#: freeculture.xml:14555 msgid "Why?" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13436 +#: freeculture.xml:14558 msgid "" "As I suggested in chapter <xref xrefstyle=\"select: labelnumber\" " "linkend=\"property-i\"/>, the motivation to abolish formalities was a good " @@ -17429,7 +20143,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13445 +#: freeculture.xml:14567 msgid "" "But the Internet changes all this. Formalities today need not be a " "burden. Rather, the world without formalities is the world that burdens " @@ -17444,7 +20158,7 @@ msgstr "" #. f1. #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:13459 +#: freeculture.xml:14581 msgid "" "The proposal I am advancing here would apply to American works only. " "Obviously, I believe it would be beneficial for the same idea to be adopted " @@ -17452,7 +20166,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13457 +#: freeculture.xml:14579 msgid "" "The law should therefore change this requirement<placeholder " "type=\"footnote\" id=\"0\"/>—but it should not change it by going back " @@ -17462,7 +20176,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13467 +#: freeculture.xml:14589 msgid "" "The important formalities are three: marking copyrighted work, registering " "copyrights, and renewing the claim to copyright. Traditionally, the first of " @@ -17473,12 +20187,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><title> -#: freeculture.xml:13479 -msgid "REGISTRATION AND RENEWAL" +#: freeculture.xml:14601 +msgid "Registration and renewal" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13481 +#: freeculture.xml:14603 msgid "" "Under the old system, a copyright owner had to file a registration with the " "Copyright Office to register or renew a copyright. When filing that " @@ -17493,7 +20207,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13494 +#: freeculture.xml:14616 msgid "" "Yet it is always astonishing to me that we, who come from a tradition of " "extraordinary innovation in governmental design, can no longer think " @@ -17505,7 +20219,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13503 +#: freeculture.xml:14625 msgid "" "In the context of registration, one obvious model is the Internet. There " "are at least 32 million Web sites registered around the world. Domain name " @@ -17518,7 +20232,7 @@ msgstr "" #. PAGE BREAK 295 #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13513 +#: freeculture.xml:14635 msgid "" "We should adopt a similar model for the registration and renewal of " "copyrights. The Copyright Office may well serve as the central registry, but " @@ -17532,12 +20246,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><title> -#: freeculture.xml:13528 -msgid "MARKING" +#: freeculture.xml:14650 +msgid "Marking" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13530 +#: freeculture.xml:14652 msgid "" "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 punishment for " @@ -17549,7 +20263,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13540 +#: freeculture.xml:14662 msgid "" "The aim of marking is to signal to the public that this work is copyrighted " "and that the author wants to enforce his rights. The mark also makes it easy " @@ -17557,7 +20271,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13546 +#: freeculture.xml:14668 msgid "" "One of the problems the copyright system confronted early on was that " "different copyrighted works had to be differently marked. It wasn't clear " @@ -17571,7 +20285,7 @@ msgstr "" #. f2. #. type: Content of: <book><chapter><section><section><section><para><footnote><para> -#: freeculture.xml:13563 +#: freeculture.xml:14685 msgid "" "There would be a complication with derivative works that I have not solved " "here. In my view, the law of derivatives creates a more complicated system " @@ -17580,7 +20294,7 @@ msgstr "" #. PAGE BREAK 296 #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13556 +#: freeculture.xml:14678 msgid "" "Let's start with the last point. If a copyright owner allows his work to be " "published without a copyright notice, the consequence of that failure need " @@ -17588,15 +20302,15 @@ msgid "" "anyone has the right to use this work, until the copyright owner complains " "and demonstrates that it is his work and he doesn't give " "permission.<placeholder type=\"footnote\" id=\"0\"/> The meaning of an " -"unmarked work would therefore be \"use unless someone complains.\" If " -"someone does complain, then the obligation would be to stop using the work " -"in any new work from then on though no penalty would attach for existing " -"uses. This would create a strong incentive for copyright owners to mark " -"their work." +"unmarked work would therefore be <quote>use unless someone " +"complains.</quote> If someone does complain, then the obligation would be to " +"stop using the work in any new work from then on though no penalty would " +"attach for existing uses. This would create a strong incentive for " +"copyright owners to mark their work." msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13576 +#: freeculture.xml:14698 msgid "" "That in turn raises the question about how work should best be marked. Here " "again, the system needs to adjust as the technologies evolve. The best way " @@ -17605,8 +20319,13 @@ msgid "" "elsewhere." msgstr "" +#. type: Content of: <book><chapter><section><section><section><indexterm><secondary> +#: freeculture.xml:14704 +msgid "copyright marking of" +msgstr "" + #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13583 +#: freeculture.xml:14706 msgid "" "For example, if a recording industry association devises a method for " "marking CDs, it would propose that to the Copyright Office. The Copyright " @@ -17620,7 +20339,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13595 +#: freeculture.xml:14718 msgid "" "Finally, marking content clearly would simplify registration requirements. " "If photographs were marked by author and year, there would be little reason " @@ -17631,7 +20350,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13603 +#: freeculture.xml:14726 msgid "" "The objective of formalities is to make things clear. The existing system " "does nothing to make things clear. Indeed, it seems designed to make things " @@ -17639,7 +20358,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><section><para> -#: freeculture.xml:13608 +#: freeculture.xml:14731 msgid "" "If formalities such as registration were reinstated, one of the most " "difficult aspects of relying upon the public domain would be removed. It " @@ -17650,12 +20369,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><title> -#: freeculture.xml:13620 +#: freeculture.xml:14743 msgid "2. Shorter Terms" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13622 +#: freeculture.xml:14745 msgid "" "The term of copyright has gone from fourteen years to ninety-five years for " "corporate authors, and life of the author plus seventy years for natural " @@ -17664,15 +20383,15 @@ msgstr "" #. f3. #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:13635 +#: freeculture.xml:14758 msgid "" -"\"A Radical Rethink,\" <citetitle>Economist</citetitle>, 366:8308 (25 " -"January 2003): 15, available at <ulink " +"<quote>A Radical Rethink,</quote> <citetitle>Economist</citetitle>, 366:8308 " +"(25 January 2003): 15, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #74</ulink>." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13627 +#: freeculture.xml:14750 msgid "" "In <citetitle>The Future of Ideas</citetitle>, I proposed a " "seventy-five-year term, granted in five-year increments with a requirement " @@ -17685,7 +20404,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13642 +#: freeculture.xml:14765 msgid "" "I agree with those who believe that we need a radical change in copyright's " "term. But whether fourteen years or seventy-five, there are four principles " @@ -17694,7 +20413,7 @@ msgstr "" #. (1) #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:13650 +#: freeculture.xml:14773 msgid "" "<emphasis>Keep it short:</emphasis> The term should be as long as necessary " "to give incentives to create, but no longer. If it were tied to very strong " @@ -17707,34 +20426,35 @@ msgstr "" #. (2) #. PAGE BREAK 298 #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:13659 +#: freeculture.xml:14782 msgid "" "<emphasis>Keep it simple:</emphasis> The line between the public domain and " -"protected content must be kept clear. Lawyers like the fuzziness of \"fair " -"use,\" and the distinction between \"ideas\" and \"expression.\" That kind " -"of law gives them lots of work. But our framers had a simpler idea in mind: " -"protected versus unprotected. The value of short terms is that there is " -"little need to build exceptions into copyright when the term itself is kept " -"short. A clear and active \"lawyer-free zone\" makes the complexities of " -"\"fair use\" and \"idea/expression\" less necessary to navigate." +"protected content must be kept clear. Lawyers like the fuzziness of " +"<quote>fair use,</quote> and the distinction between <quote>ideas</quote> " +"and <quote>expression.</quote> That kind of law gives them lots of work. But " +"our framers had a simpler idea in mind: protected versus unprotected. The " +"value of short terms is that there is little need to build exceptions into " +"copyright when the term itself is kept short. A clear and active " +"<quote>lawyer-free zone</quote> makes the complexities of <quote>fair " +"use</quote> and <quote>idea/expression</quote> less necessary to navigate." +msgstr "" + +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><indexterm><primary> +#: freeculture.xml:14794 +msgid "veterans' pensions" msgstr "" #. f4. #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><footnote><para> -#: freeculture.xml:13680 +#: freeculture.xml:14805 msgid "" "Department of Veterans Affairs, Veteran's Application for Compensation " "and/or Pension, VA Form 21-526 (OMB Approved No. 2900-0001), available at " "<ulink url=\"http://free-culture.cc/notes/\">link #75</ulink>." msgstr "" -#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><indexterm><primary> -#: freeculture.xml:13688 -msgid "veterans' pensions" -msgstr "" - #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:13672 +#: freeculture.xml:14797 msgid "" "<emphasis>Keep it alive:</emphasis> Copyright should have to be renewed. " "Especially if the maximum term is long, the copyright owner should be " @@ -17744,12 +20464,12 @@ msgid "" "for a veteran to apply for a pension.<placeholder type=\"footnote\" " "id=\"0\"/> If we make veterans suffer that burden, I don't see why we " "couldn't require authors to spend ten minutes every fifty years to file a " -"single form. <placeholder type=\"indexterm\" id=\"1\"/>" +"single form." msgstr "" #. (4) #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:13692 +#: freeculture.xml:14816 msgid "" "<emphasis>Keep it prospective:</emphasis> Whatever the term of copyright " "should be, the clearest lesson that economists teach is that a term once " @@ -17766,7 +20486,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13708 +#: freeculture.xml:14832 msgid "" "These changes together should produce an <emphasis>average</emphasis> " "copyright term that is much shorter than the current term. Until 1976, the " @@ -17774,21 +20494,22 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13714 +#: freeculture.xml:14838 msgid "" -"No doubt the extremists will call these ideas \"radical.\" (After all, I " -"call them \"extremists.\") But again, the term I recommended was longer than " -"the term under Richard Nixon. How \"radical\" can it be to ask for a more " -"generous copyright law than Richard Nixon presided over?" +"No doubt the extremists will call these ideas <quote>radical.</quote> (After " +"all, I call them <quote>extremists.</quote>) But again, the term I " +"recommended was longer than the term under Richard Nixon. How " +"<quote>radical</quote> can it be to ask for a more generous copyright law " +"than Richard Nixon presided over?" msgstr "" #. type: Content of: <book><chapter><section><section><title> -#: freeculture.xml:13724 +#: freeculture.xml:14848 msgid "3. Free Use Vs. Fair Use" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13726 +#: freeculture.xml:14852 msgid "" "As I observed at the beginning of this book, property law originally granted " "property owners the right to control their property from the ground to the " @@ -17799,26 +20520,32 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13734 +#: freeculture.xml:14860 msgid "" -"Our Constitution gives Congress the power to give authors \"exclusive " -"right\" to \"their writings.\" Congress has given authors an exclusive right " -"to \"their writings\" plus any derivative writings (made by others) that are " -"sufficiently close to the author's original work. Thus, if I write a book, " -"and you base a movie on that book, I have the power to deny you the right to " -"release that movie, even though that movie is not \"my writing.\"" +"Our Constitution gives Congress the power to give authors <quote>exclusive " +"right</quote> to <quote>their writings.</quote> Congress has given authors " +"an exclusive right to <quote>their writings</quote> plus any derivative " +"writings (made by others) that are sufficiently close to the author's " +"original work. Thus, if I write a book, and you base a movie on that book, I " +"have the power to deny you the right to release that movie, even though that " +"movie is not <quote>my writing.</quote>" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:14868 +msgid "Kaplan, Benjamin" msgstr "" #. f5. #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:13747 +#: freeculture.xml:14874 msgid "" "Benjamin Kaplan, <citetitle>An Unhurried View of Copyright</citetitle> (New " "York: Columbia University Press, 1967), 32." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13743 +#: freeculture.xml:14870 msgid "" "Congress granted the beginnings of this right in 1870, when it expanded the " "exclusive right of copyright to include a right to control translations and " @@ -17830,12 +20557,12 @@ msgstr "" #. f6. #. type: Content of: <book><chapter><section><section><blockquote><para><footnote><para> -#: freeculture.xml:13760 +#: freeculture.xml:14887 msgid "Ibid., 56." msgstr "" #. type: Content of: <book><chapter><section><section><blockquote><para> -#: freeculture.xml:13756 +#: freeculture.xml:14883 msgid "" "So inured have we become to the extension of the monopoly to a large range " "of so-called derivative works, that we no longer sense the oddity of " @@ -17844,7 +20571,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13765 +#: freeculture.xml:14892 msgid "" "I think it's time to recognize that there are airplanes in this field and " "the expansiveness of these rights of derivative use no longer make " @@ -17854,7 +20581,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13772 +#: freeculture.xml:14899 msgid "" "<emphasis>Term:</emphasis> If Congress wants to grant a derivative right, " "then that right should be for a much shorter term. It makes sense to protect " @@ -17866,22 +20593,22 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13785 +#: freeculture.xml:14912 msgid "" "<emphasis>Scope:</emphasis> Likewise should the scope of derivative rights " "be narrowed. Again, there are some cases in which derivative rights are " "important. Those should be specified. But the law should draw clear lines " "around regulated and unregulated uses of copyrighted material. When all " -"\"reuse\" of creative material was within the control of businesses, perhaps " -"it made sense to require lawyers to negotiate the lines. It no longer makes " -"sense for lawyers to negotiate the lines. Think about all the creative " -"possibilities that digital technologies enable; now imagine pouring molasses " -"into the machines. That's what this general requirement of permission does " -"to the creative process. Smothers it." +"<quote>reuse</quote> of creative material was within the control of " +"businesses, perhaps it made sense to require lawyers to negotiate the " +"lines. It no longer makes sense for lawyers to negotiate the lines. Think " +"about all the creative possibilities that digital technologies enable; now " +"imagine pouring molasses into the machines. That's what this general " +"requirement of permission does to the creative process. Smothers it." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13798 +#: freeculture.xml:14926 msgid "" "This was the point that Alben made when describing the making of the Clint " "Eastwood CD. While it makes sense to require negotiation for foreseeable " @@ -17891,12 +20618,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:13814 +#: freeculture.xml:14942 msgid "Goldstein, Paul" msgstr "" #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:13812 +#: freeculture.xml:14940 msgid "" "Paul Goldstein, <citetitle>Copyright's Highway: From Gutenberg to the " "Celestial Jukebox</citetitle> (Stanford: Stanford University Press, 2003), " @@ -17904,7 +20631,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13806 +#: freeculture.xml:14934 msgid "" "In each of these cases, the law should mark the uses that are protected, and " "the presumption should be that other uses are not protected. This is the " @@ -17914,7 +20641,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13820 +#: freeculture.xml:14948 msgid "" "Goldstein's analysis would make perfect sense if the cost of the legal " "system were small. But as we are currently seeing in the context of the " @@ -17925,7 +20652,7 @@ msgstr "" #. PAGE BREAK 301 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13827 +#: freeculture.xml:14955 msgid "" "The law could remedy this problem either by removing protection beyond the " "part explicitly drawn or by granting reuse rights upon certain statutory " @@ -17935,12 +20662,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><title> -#: freeculture.xml:13837 +#: freeculture.xml:14965 msgid "4. Liberate the Music—Again" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13839 +#: freeculture.xml:14967 msgid "" "The battle that got this whole war going was about music, so it wouldn't be " "fair to end this book without addressing the issue that is, to most people, " @@ -17950,7 +20677,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13846 +#: freeculture.xml:14974 msgid "" "The appeal of file-sharing music was the crack cocaine of the Internet's " "growth. It drove demand for access to the Internet more powerfully than any " @@ -17961,7 +20688,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13855 +#: freeculture.xml:14983 msgid "" "The aim of copyright, with respect to content in general and music in " "particular, is to create the incentives for music to be composed, performed, " @@ -17971,7 +20698,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13862 +#: freeculture.xml:14990 msgid "" "File-sharing networks complicate this model by enabling the spread of " "content for which the performer has not been paid. But of course, that's not " @@ -17982,7 +20709,7 @@ msgstr "" #. A. #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:13871 +#: freeculture.xml:14999 msgid "" "There are some who are using sharing networks as substitutes for purchasing " "CDs." @@ -17990,7 +20717,7 @@ msgstr "" #. B. #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:13876 +#: freeculture.xml:15004 msgid "" "There are also some who are using sharing networks to sample, on the way to " "purchasing CDs." @@ -17999,7 +20726,7 @@ msgstr "" #. PAGE BREAK 302 #. C. #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:13882 +#: freeculture.xml:15010 msgid "" "There are many who are using file-sharing networks to get access to content " "that is no longer sold but is still under copyright or that would have been " @@ -18008,7 +20735,7 @@ msgstr "" #. D. #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:13888 +#: freeculture.xml:15016 msgid "" "There are many who are using file-sharing networks to get access to content " "that is not copyrighted or to get access that the copyright owner plainly " @@ -18016,7 +20743,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13894 +#: freeculture.xml:15024 msgid "" "Any reform of the law needs to keep these different uses in focus. It must " "avoid burdening type D even if it aims to eliminate type A. The eagerness " @@ -18027,7 +20754,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13902 +#: freeculture.xml:15032 msgid "" "As I said in chapter <xref xrefstyle=\"select: labelnumber\" " "linkend=\"piracy\"/>, the actual harm caused by sharing is controversial. " @@ -18037,7 +20764,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13910 +#: freeculture.xml:15040 msgid "" "Nonetheless, there is a crucial fact about the current technological context " "that we must keep in mind if we are to understand how the law should " @@ -18045,7 +20772,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13915 +#: freeculture.xml:15045 msgid "" "Today, file sharing is addictive. In ten years, it won't be. It is addictive " "today because it is the easiest way to gain access to a broad range of " @@ -18060,7 +20787,7 @@ msgstr "" #. PAGE BREAK 303 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13927 +#: freeculture.xml:15057 msgid "" "But it will become a reality, and that means the way we get access to the " "Internet today is a technology in transition. Policy makers should not make " @@ -18075,17 +20802,22 @@ msgid "" "where with the flip of a device, you are connected." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:15071 +msgid "cell phones, music streamed over" +msgstr "" + #. f8. #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:13960 +#: freeculture.xml:15091 msgid "" -"See, for example, \"Music Media Watch,\" The J@pan Inc. Newsletter, 3 April " -"2002, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#76</ulink>." +"See, for example, <quote>Music Media Watch,</quote> The J@pan " +"Inc. Newsletter, 3 April 2002, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #76</ulink>." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13942 +#: freeculture.xml:15073 msgid "" "In that world, it will be extremely easy to connect to services that give " "you access to content on the fly—such as Internet radio, content that " @@ -18101,78 +20833,81 @@ msgid "" "money for the content they give access to. Already cell-phone services in " "Japan offer music (for a fee) streamed over cell phones (enhanced with plugs " "for headphones). The Japanese are paying for this content even though " -"\"free\" content is available in the form of MP3s across the " +"<quote>free</quote> content is available in the form of MP3s across the " "Web.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. PAGE BREAK 304 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13967 +#: freeculture.xml:15098 msgid "" "This point about the future is meant to suggest a perspective on the " -"present: It is emphatically temporary. The \"problem\" with file " +"present: It is emphatically temporary. The <quote>problem</quote> with file " "sharing—to the extent there is a real problem—is a problem that " "will increasingly disappear as it becomes easier to connect to the " "Internet. And thus it is an extraordinary mistake for policy makers today " -"to be \"solving\" this problem in light of a technology that will be gone " -"tomorrow. The question should not be how to regulate the Internet to " -"eliminate file sharing (the Net will evolve that problem away). The question " -"instead should be how to assure that artists get paid, during this " +"to be <quote>solving</quote> this problem in light of a technology that will " +"be gone tomorrow. The question should not be how to regulate the Internet " +"to eliminate file sharing (the Net will evolve that problem away). The " +"question instead should be how to assure that artists get paid, during this " "transition between twentieth-century models for doing business and " "twenty-first-century technologies." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13983 +#: freeculture.xml:15114 msgid "" -"The answer begins with recognizing that there are different \"problems\" " -"here to solve. Let's start with type D content—uncopyrighted content " -"or copyrighted content that the artist wants shared. The \"problem\" with " -"this content is to make sure that the technology that would enable this kind " -"of sharing is not rendered illegal. You can think of it this way: Pay phones " -"are used to deliver ransom demands, no doubt. But there are many who need " -"to use pay phones who have nothing to do with ransoms. It would be wrong to " -"ban pay phones in order to eliminate kidnapping." +"The answer begins with recognizing that there are different " +"<quote>problems</quote> here to solve. Let's start with type D " +"content—uncopyrighted content or copyrighted content that the artist " +"wants shared. The <quote>problem</quote> with this content is to make sure " +"that the technology that would enable this kind of sharing is not rendered " +"illegal. You can think of it this way: Pay phones are used to deliver ransom " +"demands, no doubt. But there are many who need to use pay phones who have " +"nothing to do with ransoms. It would be wrong to ban pay phones in order to " +"eliminate kidnapping." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:13994 +#: freeculture.xml:15125 msgid "" -"Type C content raises a different \"problem.\" This is content that was, at " -"one time, published and is no longer available. It may be unavailable " -"because the artist is no longer valuable enough for the record label he " -"signed with to carry his work. Or it may be unavailable because the work is " -"forgotten. Either way, the aim of the law should be to facilitate the access " -"to this content, ideally in a way that returns something to the artist." +"Type C content raises a different <quote>problem.</quote> This is content " +"that was, at one time, published and is no longer available. It may be " +"unavailable because the artist is no longer valuable enough for the record " +"label he signed with to carry his work. Or it may be unavailable because the " +"work is forgotten. Either way, the aim of the law should be to facilitate " +"the access to this content, ideally in a way that returns something to the " +"artist." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14003 +#: freeculture.xml:15136 msgid "" "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 stores. But libraries " "and used book stores don't pay the copyright owner when someone reads or " "buys an out-of-print book. That makes total sense, of course, since any " "other system would be so burdensome as to eliminate the possibility of used " -"book stores' existing. But from the author's perspective, this \"sharing\" " -"of his content without his being compensated is less than ideal." +"book stores' existing. But from the author's perspective, this " +"<quote>sharing</quote> of his content without his being compensated is less " +"than ideal." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14013 +#: freeculture.xml:15146 msgid "" "The model of used book stores suggests that the law could simply deem " "out-of-print music fair game. If the publisher does not make copies of the " "music available for sale, then commercial and noncommercial providers would " -"be free, under this rule, to \"share\" that content, even though the sharing " -"involved making a copy. The copy here would be incidental to the trade; in a " -"context where commercial publishing has ended, trading music should be as " -"free as trading books." +"be free, under this rule, to <quote>share</quote> that content, even though " +"the sharing involved making a copy. The copy here would be incidental to the " +"trade; in a context where commercial publishing has ended, trading music " +"should be as free as trading books." msgstr "" #. PAGE BREAK 305 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14024 +#: freeculture.xml:15157 msgid "" "Alternatively, the law could create a statutory license that would ensure " "that artists get something from the trade of their work. For example, if the " @@ -18184,7 +20919,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14034 +#: freeculture.xml:15167 msgid "" "This system would also create an incentive for publishers to keep works " "available commercially. Works that are available commercially would not be " @@ -18197,7 +20932,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14044 +#: freeculture.xml:15177 msgid "" "The hard case is content of types A and B, and again, this case is hard only " "because the extent of the problem will change over time, as the technologies " @@ -18208,14 +20943,14 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14052 +#: freeculture.xml:15185 msgid "" "So here's a solution that will at first seem very strange to both sides in " "this war, but which upon reflection, I suggest, should make some sense." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14056 +#: freeculture.xml:15189 msgid "" "Stripped of the rhetoric about the sanctity of property, the basic claim of " "the content industry is this: A new technology (the Internet) has harmed a " @@ -18229,7 +20964,7 @@ msgstr "" #. PAGE BREAK 306 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14067 +#: freeculture.xml:15200 msgid "" "I love the Internet, and so I don't like likening it to tobacco or " "asbestos. But the analogy is a fair one from the perspective of the law. " @@ -18240,51 +20975,59 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> -#: freeculture.xml:14113 +#: freeculture.xml:15207 freeculture.xml:15249 +msgid "Promises to Keep (Fisher)" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:15247 msgid "Fisher, William" msgstr "" #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:14079 +#: freeculture.xml:15213 msgid "" -"William Fisher, <citetitle>Digital Music: Problems and " -"Possibilities</citetitle> (last revised: 10 October 2000), available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #77</ulink>; William " -"Fisher, <citetitle>Promises to Keep: Technology, Law, and the Future of " +"<placeholder type=\"indexterm\" id=\"0\"/> William Fisher, " +"<citetitle>Digital Music: Problems and Possibilities</citetitle> (last " +"revised: 10 October 2000), available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #77</ulink>; William Fisher, " +"<citetitle>Promises to Keep: Technology, Law, and the Future of " "Entertainment</citetitle> (forthcoming) (Stanford: Stanford University " "Press, 2004), ch. 6, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #78</ulink>. Professor Netanel " "has proposed a related idea that would exempt noncommercial sharing from the " "reach of copyright and would establish compensation to artists to balance " -"any loss. See Neil Weinstock Netanel, \"Impose a Noncommercial Use Levy to " -"Allow Free P2P File Sharing,\" available at <ulink " +"any loss. See Neil Weinstock Netanel, <quote>Impose a Noncommercial Use Levy " +"to Allow Free P2P File Sharing,</quote> available at <ulink " "url=\"http://free-culture.cc/notes/\">link #79</ulink>. For other proposals, " -"see Lawrence Lessig, \"Who's Holding Back Broadband?\" <citetitle>Washington " -"Post</citetitle>, 8 January 2002, A17; Philip S. Corwin on behalf of Sharman " -"Networks, A Letter to Senator Joseph R. Biden, Jr., Chairman of the Senate " -"Foreign Relations Committee, 26 February 2002, available at <ulink " +"see Lawrence Lessig, <quote>Who's Holding Back Broadband?</quote> " +"<citetitle>Washington Post</citetitle>, 8 January 2002, A17; Philip " +"S. Corwin on behalf of Sharman Networks, A Letter to Senator Joseph " +"R. Biden, Jr., Chairman of the Senate Foreign Relations Committee, 26 " +"February 2002, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #80</ulink>; Serguei Osokine, " "<citetitle>A Quick Case for Intellectual Property Use Fee " "(IPUF)</citetitle>, 3 March 2002, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #81</ulink>; Jefferson Graham, " -"\"Kazaa, Verizon Propose to Pay Artists Directly,\" <citetitle>USA " -"Today</citetitle>, 13 May 2002, available at <ulink " +"<quote>Kazaa, Verizon Propose to Pay Artists Directly,</quote> " +"<citetitle>USA Today</citetitle>, 13 May 2002, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #82</ulink>; Steven M. Cherry, " -"\"Getting Copyright Right,\" IEEE Spectrum Online, 1 July 2002, available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #83</ulink>; Declan " -"McCullagh, \"Verizon's Copyright Campaign,\" CNET News.com, 27 August 2002, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link #84</ulink>. " -"Fisher's proposal is very similar to Richard Stallman's proposal for " -"DAT. Unlike Fisher's, Stallman's proposal would not pay artists directly " -"proportionally, though more popular artists would get more than the less " -"popular. As is typical with Stallman, his proposal predates the current " -"debate by about a decade. See <ulink " -"url=\"http://free-culture.cc/notes/\">link #85</ulink>. <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"<quote>Getting Copyright Right,</quote> IEEE Spectrum Online, 1 July 2002, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #83</ulink>; " +"Declan McCullagh, <quote>Verizon's Copyright Campaign,</quote> CNET " +"News.com, 27 August 2002, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #84</ulink>. Fisher's proposal " +"is very similar to Richard Stallman's proposal for DAT. Unlike Fisher's, " +"Stallman's proposal would not pay artists directly proportionally, though " +"more popular artists would get more than the less popular. As is typical " +"with Stallman, his proposal predates the current debate by about a " +"decade. See <ulink url=\"http://free-culture.cc/notes/\">link #85</ulink>. " +"<placeholder type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" " +"id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/>" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14075 +#: freeculture.xml:15209 msgid "" "The idea would be a modification of a proposal that has been floated by " "Harvard law professor William Fisher.<placeholder type=\"footnote\" " @@ -18299,7 +21042,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14126 +#: freeculture.xml:15263 msgid "" "Fisher's proposal is careful and comprehensive. It raises a million " "questions, most of which he answers well in his upcoming book, " @@ -18317,52 +21060,74 @@ msgstr "" #. PAGE BREAK 307 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14141 +#: freeculture.xml:15280 msgid "" "Fisher would balk at the idea of allowing the system to lapse. His aim is " "not just to ensure that artists are paid, but also to ensure that the system " -"supports the widest range of \"semiotic democracy\" possible. But the aims " -"of semiotic democracy would be satisfied if the other changes I described " -"were accomplished—in particular, the limits on derivative uses. A " -"system that simply charges for access would not greatly burden semiotic " -"democracy if there were few limitations on what one was allowed to do with " -"the content itself." +"supports the widest range of <quote>semiotic democracy</quote> possible. But " +"the aims of semiotic democracy would be satisfied if the other changes I " +"described were accomplished—in particular, the limits on derivative " +"uses. A system that simply charges for access would not greatly burden " +"semiotic democracy if there were few limitations on what one was allowed to " +"do with the content itself." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:15293 +msgid "MusicStore" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:15295 +msgid "prices of" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14154 -msgid "" -"No doubt it would be difficult to calculate the proper measure of \"harm\" " -"to an industry. But the difficulty of making that calculation would be " -"outweighed by the benefit of facilitating innovation. This background system " -"to compensate would also not need to interfere with innovative proposals " -"such as Apple's MusicStore. As experts predicted when Apple launched the " -"MusicStore, it could beat \"free\" by being easier than free is. This has " -"proven correct: Apple has sold millions of songs at even the very high price " -"of 99 cents a song. (At 99 cents, the cost is the equivalent of a per-song " -"CD price, though the labels have none of the costs of a CD to pay.) Apple's " -"move was countered by Real Networks, offering music at just 79 cents a " -"song. And no doubt there will be a great deal of competition to offer and " -"sell music on-line." +#: freeculture.xml:15297 +msgid "" +"No doubt it would be difficult to calculate the proper measure of " +"<quote>harm</quote> to an industry. But the difficulty of making that " +"calculation would be outweighed by the benefit of facilitating " +"innovation. This background system to compensate would also not need to " +"interfere with innovative proposals such as Apple's MusicStore. As experts " +"predicted when Apple launched the MusicStore, it could beat " +"<quote>free</quote> by being easier than free is. This has proven correct: " +"Apple has sold millions of songs at even the very high price of 99 cents a " +"song. (At 99 cents, the cost is the equivalent of a per-song CD price, " +"though the labels have none of the costs of a CD to pay.) Apple's move was " +"countered by Real Networks, offering music at just 79 cents a song. And no " +"doubt there will be a great deal of competition to offer and sell music " +"on-line." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:15312 +msgid "cable vs. broadcast" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:15315 +msgid "luxury theatres vs. video piracy in" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14169 +#: freeculture.xml:15317 msgid "" -"This competition has already occurred against the background of \"free\" " -"music from p2p systems. As the sellers of cable television have known for " -"thirty years, and the sellers of bottled water for much more than that, " -"there is nothing impossible at all about \"competing with free.\" Indeed, if " -"anything, the competition spurs the competitors to offer new and better " -"products. This is precisely what the competitive market was to be " -"about. Thus in Singapore, though piracy is rampant, movie theaters are often " -"luxurious—with \"first class\" seats, and meals served while you watch " -"a movie—as they struggle and succeed in finding ways to compete with " -"\"free.\"" +"This competition has already occurred against the background of " +"<quote>free</quote> music from p2p systems. As the sellers of cable " +"television have known for thirty years, and the sellers of bottled water for " +"much more than that, there is nothing impossible at all about " +"<quote>competing with free.</quote> Indeed, if anything, the competition " +"spurs the competitors to offer new and better products. This is precisely " +"what the competitive market was to be about. Thus in Singapore, though " +"piracy is rampant, movie theaters are often luxurious—with " +"<quote>first class</quote> seats, and meals served while you watch a " +"movie—as they struggle and succeed in finding ways to compete with " +"<quote>free.</quote>" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14181 +#: freeculture.xml:15329 msgid "" "This regime of competition, with a backstop to assure that artists don't " "lose, would facilitate a great deal of innovation in the delivery of " @@ -18373,13 +21138,13 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14190 +#: freeculture.xml:15338 msgid "In summary, then, my proposal is this:" msgstr "" #. PAGE BREAK 308 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14195 +#: freeculture.xml:15343 msgid "" "The Internet is in transition. We should not be regulating a technology in " "transition. We should instead be regulating to minimize the harm to " @@ -18388,19 +21153,19 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14202 +#: freeculture.xml:15350 msgid "We can minimize that harm while maximizing the benefit to innovation by" msgstr "" #. 1. #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:14208 +#: freeculture.xml:15356 msgid "guaranteeing the right to engage in type D sharing;" msgstr "" #. 2. #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:14212 +#: freeculture.xml:15360 msgid "" "permitting noncommercial type C sharing without liability, and commercial " "type C sharing at a low and fixed rate set by statute;" @@ -18408,23 +21173,23 @@ msgstr "" #. 3. #. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> -#: freeculture.xml:14218 +#: freeculture.xml:15366 msgid "" "while in this transition, taxing and compensating for type A sharing, to the " "extent actual harm is demonstrated." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14223 +#: freeculture.xml:15371 msgid "" -"But what if \"piracy\" doesn't disappear? What if there is a competitive " -"market providing content at a low cost, but a significant number of " -"consumers continue to \"take\" content for nothing? Should the law do " -"something then?" +"But what if <quote>piracy</quote> doesn't disappear? What if there is a " +"competitive market providing content at a low cost, but a significant number " +"of consumers continue to <quote>take</quote> content for nothing? Should the " +"law do something then?" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14229 +#: freeculture.xml:15377 msgid "" "Yes, it should. But, again, what it should do depends upon how the facts " "develop. These changes may not eliminate type A sharing. But the real issue " @@ -18441,7 +21206,7 @@ msgstr "" #. PAGE BREAK 309 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14243 +#: freeculture.xml:15391 msgid "" "But we're a long way away from whittling the problem down to this subset of " "type A sharers. And our focus until we're there should not be on finding " @@ -18451,12 +21216,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><title> -#: freeculture.xml:14254 +#: freeculture.xml:15402 msgid "5. Fire Lots of Lawyers" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14256 +#: freeculture.xml:15404 msgid "" "I'm a lawyer. I make lawyers for a living. I believe in the law. I believe " "in the law of copyright. Indeed, I have devoted my life to working in law, " @@ -18465,7 +21230,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14262 +#: freeculture.xml:15410 msgid "" "Yet much of this book has been a criticism of lawyers, or the role lawyers " "have played in this debate. The law speaks to ideals, but it is my view that " @@ -18474,30 +21239,40 @@ msgid "" "to question or counter that one strong view queers the law." msgstr "" +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:15417 +msgid "Nimmer, Melville" +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><secondary> +#: freeculture.xml:15418 +msgid "Supreme Court challenge of" +msgstr "" + #. f10. #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:14279 +#: freeculture.xml:15429 msgid "" -"Lawrence Lessig, \"Copyright's First Amendment\" (Melville B. Nimmer " -"Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 (2001): 1057, " -"1069–70." +"Lawrence Lessig, <quote>Copyright's First Amendment</quote> (Melville " +"B. Nimmer Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 " +"(2001): 1057, 1069–70." msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14270 -msgid "" -"The evidence of this bending is compelling. I'm attacked as a \"radical\" by " -"many within the profession, yet the positions that I am advocating are " -"precisely the positions of some of the most moderate and significant figures " -"in the history of this branch of the law. Many, for example, thought crazy " -"the challenge that we brought to the Copyright Term Extension Act. Yet just " -"thirty years ago, the dominant scholar and practitioner in the field of " -"copyright, Melville Nimmer, thought it obvious.<placeholder " -"type=\"footnote\" id=\"0\"/>" +#: freeculture.xml:15420 +msgid "" +"The evidence of this bending is compelling. I'm attacked as a " +"<quote>radical</quote> by many within the profession, yet the positions that " +"I am advocating are precisely the positions of some of the most moderate and " +"significant figures in the history of this branch of the law. Many, for " +"example, thought crazy the challenge that we brought to the Copyright Term " +"Extension Act. Yet just thirty years ago, the dominant scholar and " +"practitioner in the field of copyright, Melville Nimmer, thought it " +"obvious.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14285 +#: freeculture.xml:15435 msgid "" "However, my criticism of the role that lawyers have played in this debate is " "not just about a professional bias. It is more importantly about our failure " @@ -18505,7 +21280,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para><footnote><para> -#: freeculture.xml:14295 +#: freeculture.xml:15445 msgid "" "A good example is the work of Professor Stan Liebowitz. Liebowitz is to be " "commended for his careful review of data about infringement, leading him to " @@ -18515,8 +21290,8 @@ msgid "" "again. Compare Stan J. Liebowitz, <citetitle>Rethinking the Network " "Economy: The True Forces That Drive the Digital Marketplace</citetitle> (New " "York: Amacom, 2002), (reviewing his original view but expressing skepticism) " -"with Stan J. Liebowitz, \"Will MP3s Annihilate the Record Industry?\" " -"working paper, June 2003, available at <ulink " +"with Stan J. Liebowitz, <quote>Will MP3s Annihilate the Record " +"Industry?</quote> working paper, June 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #86</ulink>. Liebowitz's careful " "analysis is extremely valuable in estimating the effect of file-sharing " "technology. In my view, however, he underestimates the costs of the legal " @@ -18525,7 +21300,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14290 +#: freeculture.xml:15440 msgid "" "Economists are supposed to be good at reckoning costs and benefits. But " "more often than not, economists, with no clue about how the legal system " @@ -18537,7 +21312,7 @@ msgstr "" #. PAGE BREAK 310 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14319 +#: freeculture.xml:15469 msgid "" "But the legal system doesn't work. Or more accurately, it doesn't work for " "anyone except those with the most resources. Not because the system is " @@ -18547,7 +21322,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14327 +#: freeculture.xml:15477 msgid "" "These costs distort free culture in many ways. A lawyer's time is billed at " "the largest firms at more than $400 per hour. How much time should such a " @@ -18560,7 +21335,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14337 +#: freeculture.xml:15487 msgid "" "The costliness and clumsiness and randomness of this system mock our " "tradition. And lawyers, as well as academics, should consider it their duty " @@ -18571,7 +21346,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14345 +#: freeculture.xml:15495 msgid "" "But until that reform is complete, we as a society should keep the law away " "from areas that we know it will only harm. And that is precisely what the " @@ -18579,7 +21354,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14351 +#: freeculture.xml:15502 msgid "" "Think about the amazing things your kid could do or make with digital " "technology—the film, the music, the Web page, the blog. Or think about " @@ -18590,51 +21365,51 @@ msgid "" "produces. Again, this is the reality of Brezhnev's Russia." msgstr "" -#. PAGE BREAK 311 +#. PAGE BREAK 311 #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14360 +#: freeculture.xml:15511 msgid "" "The law should regulate in certain areas of culture—but it should " "regulate culture only where that regulation does good. Yet lawyers rarely " "test their power, or the power they promote, against this simple pragmatic " -"question: \"Will it do good?\" When challenged about the expanding reach of " -"the law, the lawyer answers, \"Why not?\"" +"question: <quote>Will it do good?</quote> When challenged about the " +"expanding reach of the law, the lawyer answers, <quote>Why not?</quote>" msgstr "" #. type: Content of: <book><chapter><section><section><para> -#: freeculture.xml:14369 +#: freeculture.xml:15520 msgid "" -"We should ask, \"Why?\" Show me why your regulation of culture is " +"We should ask, <quote>Why?</quote> Show me why your regulation of culture is " "needed. Show me how it does good. And until you can show me both, keep your " "lawyers away." msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:14378 -msgid "NOTES" +#: freeculture.xml:15529 +msgid "Notes" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14380 +#: freeculture.xml:15531 msgid "" "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 highly " "unstable. I have tried to remedy the instability by redirecting readers to " "the original source through the Web site associated with this book. For each " -"link below, you can go to http://free-culture.cc/notes and locate the " -"original source by clicking on the number after the # sign. If the original " -"link remains alive, you will be redirected to that link. If the original " -"link has disappeared, you will be redirected to an appropriate reference for " -"the material." +"link below, you can go to <ulink url=\"http://free-culture.cc/notes\"/> and " +"locate the original source by clicking on the number after the # sign. If " +"the original link remains alive, you will be redirected to that link. If the " +"original link has disappeared, you will be redirected to an appropriate " +"reference for the material." msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:14395 -msgid "ACKNOWLEDGMENTS" +#: freeculture.xml:15551 +msgid "Acknowledgments" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14397 +#: freeculture.xml:15553 msgid "" "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 work " @@ -18643,7 +21418,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14403 +#: freeculture.xml:15560 msgid "" "I received guidance in various places from friends and academics, including " "Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner, Mark Rose, and " @@ -18657,9 +21432,9 @@ msgid "" "her own critical eye on much of this." msgstr "" -#. PAGE BREAK 337 +#. PAGE BREAK 337 #. type: Content of: <book><chapter><para> -#: freeculture.xml:14416 +#: freeculture.xml:15573 msgid "" "Yuko Noguchi helped me to understand the laws of Japan as well as its " "culture. I am thankful to her, and to the many in Japan who helped me " @@ -18672,7 +21447,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14427 +#: freeculture.xml:15584 msgid "" "These are the traditional sorts of help that academics regularly draw " "upon. But in addition to them, the Internet has made it possible to receive " @@ -18687,13 +21462,14 @@ msgid "" "McMullen, Fred Norton, John Pormann, Pedro A. D. Rezende, Shabbir Safdar, " "Saul Schleimer, Clay Shirky, Adam Shostack, Kragen Sitaker, Chris Smith, " "Bruce Steinberg, Andrzej Jan Taramina, Sean Walsh, Matt Wasserman, Miljenko " -"Williams, \"Wink,\" Roger Wood, \"Ximmbo da Jazz,\" and Richard Yanco. (I " -"apologize if I have missed anyone; with computers come glitches, and a crash " -"of my e-mail system meant I lost a bunch of great replies.)" +"Williams, <quote>Wink,</quote> Roger Wood, <quote>Ximmbo da Jazz,</quote> " +"and Richard Yanco. (I apologize if I have missed anyone; with computers come " +"glitches, and a crash of my e-mail system meant I lost a bunch of great " +"replies.)" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14447 +#: freeculture.xml:15604 msgid "" "Richard Stallman and Michael Carroll each read the whole book in draft, and " "each provided extremely helpful correction and advice. Michael helped me to " @@ -18704,10 +21480,296 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14456 +#: freeculture.xml:15613 msgid "" "Finally, and forever, I am thankful to Bettina, who has always insisted that " "there would be unending happiness away from these battles, and who has " "always been right. This slow learner is, as ever, grateful for her perpetual " "patience and love." msgstr "" + +#. type: Content of: <book><chapter><title> +#: freeculture.xml:15623 +msgid "About this edition" +msgstr "" + +#. type: Content of: <book><chapter><para> +#: freeculture.xml:15625 +msgid "" +"This edition of <citetitle>Free Culture</citetitle> is the result of three " +"years of volunteer work. The idea came from a discussion I had around ten " +"years ago with a friend about the copyright debate in Norway, and how rarely " +"the difficulties of long copyright made it into the public debate. A bit " +"more than three years ago I finally had a look again at the idea and decided " +"to publish a printed Norwegian BokmÃ¥l version of <citetitle>Free " +"Culture</citetitle>, translated and formatted by volunteers. The new " +"English edition is a by-product of the translation process." +msgstr "" + +#. type: Content of: <book><chapter><para> +#: freeculture.xml:15637 +msgid "" +"Thanks to the Debian Edu / Skolelinux project, I already had experience " +"translating Docbook documents, and it seemed like a good format for this " +"book too. I found a Docbook formatted version of the book created by Hans " +"Schou. Initial testing showed lots of Docbook validation errors in this " +"version, but after some work I was able to transform it to PDF and EPUB. " +"This was the start of the translation project. The Docbook file improved " +"over time, and build rules were added to create both English and BokmÃ¥l " +"versions. Finally, a call for volunteers went out to help me with the " +"translation." +msgstr "" + +#. type: Content of: <book><chapter><para> +#: freeculture.xml:15649 +msgid "" +"Several people joined, and Anders Hagen Jarmund, Kirill Miazine and Odd " +"Kleiva assisted with the initial translation. Ralph Amissah and his SiSu " +"version provided index entries. Morten Sickel and Alexander Alemayhu helped " +"with the figures, redrawing some of the bitmaps as vector images. Wivi " +"Reinholdtsen, Ingrid Yrvin and Johannes Larsen did very valuable " +"proofreading. HÃ¥kon Wium Lie helped me track down a good replacement font " +"without usage restrictions instead of the one in the original PDF. The PDF " +"typesetting is done using dblatex, which we selected over the alternatives " +"thanks to the invaluable and quick help from Benoît Guillon and Andreas " +"Hoenen. Thomas Gramstad donated ISBN numbers needed for distribution to " +"book stores. Marc Jeanmougin from the inkscape community helped me " +"replicate the original front cover. The support of Lawrence Lessig helped " +"me to complete the project—I am very thankful he had the original " +"screen shots still available after 11 years." +msgstr "" + +#. type: Content of: <book><chapter><para> +#: freeculture.xml:15667 +msgid "" +"In addition to these great contributors, I am very grateful to Mari and my " +"family for their patience with me in this project." +msgstr "" + +#. type: Content of: <book><chapter><para> +#: freeculture.xml:15672 +msgid "— Petter Reinholdtsen, Oslo 2015-09-07" +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15682 +msgid "" +"Free culture: How big media uses technology and the law to lock down culture " +"and control creativity / Lawrence Lessig." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15686 +msgid "Copyright © 2004 Lawrence Lessig. Some rights reserved." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15690 +msgid "<ulink url=\"http://free-culture.cc/\"/>" +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15694 +msgid "" +"Published in English and Norwegian BokmÃ¥l 2015 by Petter Reinholdtsen with " +"help from many volunteers. Typeset with dblatex using the font Crimson " +"Text." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15700 +msgid "First published 2004 by The Penguin Press." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15704 +msgid "" +"Excerpt from an editorial titled <quote>The Coming of Copyright " +"Perpetuity,</quote> <citetitle>The New York Times</citetitle>, January 16, " +"2003. Copyright © 2003 by The New York Times Co. Reprinted with " +"permission." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15710 +msgid "" +"Cartoon in figure <xref xrefstyle=\"template:%n\" " +"linkend=\"fig-1711-vcr-handgun-cartoonfig\"/> by Paul Conrad, copyright " +"Tribune Media Services, Inc. All rights reserved. Reprinted with " +"permission." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15716 +msgid "" +"Diagram in figure <xref xrefstyle=\"template:%n\" " +"linkend=\"fig-1761-pattern-modern-media-ownership\"/> courtesy of the office " +"of FCC Commissioner, Michael J. Copps." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15722 +msgid "Cover created by Petter Reinholdtsen using inkscape." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15726 +msgid "" +"The quotes on the cover came from <ulink " +"url=\"http://free-culture.cc/jacket/\"/>." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15731 +msgid "" +"Portrait on the cover was created 2013 by ActuaLitté and licensed under a " +"Creative Commons Attribution-ShareAlike 2.0 license. It was downloaded from " +"<ulink " +"url=\"https://commons.wikimedia.org/wiki/File%3ALawrence_Lessig_(11014343366)_(cropped).jpg\"/>." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15738 +msgid "Includes index." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15742 +msgid "Classifications:" +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15746 +msgid "(Dewey) 306.4, 306.40973, 306.46, 341.7582, 343.7309/9" +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15755 +msgid "(UDK) 347.78" +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15759 +msgid "(US Library of Congress) KF2979.L47 2004" +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15763 +msgid "(ACM CRCS) K.4.1" +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15767 +msgid "Thomas Gramstad Forlag donated the ISBN numbers." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15774 +msgid "" +"The Docbook source is available from <ulink " +"url=\"https://github.com/petterreinholdtsen/free-culture-lessig\"/>. Please " +"report any issues with the book there." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:15787 +msgid "" +"This book is a proof reading draft. Please visit the github URL above to " +"get the latest version." +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:15796 +msgid "ISBN" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:15797 +msgid "Format / MIME-type" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:15802 +msgid "978-82-8067-010-6" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:15803 +msgid "US Trade edition from lulu.com" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:15806 +msgid "978-82-8067-011-3" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:15807 +msgid "application/pdf" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:15810 +msgid "978-82-8067-012-0" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:15811 +msgid "application/epub+zip" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:15814 +msgid "978-82-8067-013-7" +msgstr "" + +#. type: Content of: <book><colophon><para><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:15815 +msgid "application/x-mobipocket-ebook" +msgstr "" + +#. type: Content of: <chapter><para> +#: cover-text.xml:19 +msgid "Lawrence Lessig" +msgstr "" + +#. type: Content of: <chapter><para> +#: cover-text.xml:28 +msgid "" +"<quote><citetitle>Free Culture</citetitle> is an entertaining and important " +"look at the past and future of the cold war between the media industry and " +"new technologies.</quote> — <emphasis>Marc Andreessen, cofounder of " +"Netscape</emphasis>" +msgstr "" + +#. type: Content of: <chapter><para> +#: cover-text.xml:35 +msgid "" +"<quote><citetitle>Free Culture</citetitle> goes beyond illuminating the " +"catastrophe to our culture of increasing regulation to show examples of how " +"we can make a different future. These new-style heroes and examples are " +"rooted in the traditions of the founding fathers in ways that seem obvious " +"after reading this book. Recommended reading to those trying to unravel the " +"shrill hype around <quote>intellectual property.</quote></quote> — " +"<emphasis>Brewster Kahle, founder of the Internet Archive</emphasis>" +msgstr "" + +#. type: Content of: <chapter><para> +#: cover-text.xml:46 +msgid "" +"<quote>America needs a national conversation about the way in which " +"so-called <quote>intellectual property rights</quote> have come to dominate " +"the rights of scholars, researchers, and everyday citizens. A copyright " +"cartel, bidding for absolute control over digital worlds, music, and movies, " +"now has a veto over technological innovation and has halted most " +"contributions to the public domain from which so many have benefited. The " +"patent system has spun out of control, giving enormous power to entrenched " +"interests, and even trademarks are being misused. Lawrence Lessig's latest " +"book is essential reading for anyone who want to join this conversation. He " +"explains how technology and the law are robbing us of the public domain; but " +"for all his educated pessimism, Professor Lessig offers some solutions, too, " +"because he recognizes that technology can be the catalyst for freedom. If " +"you care about the future of innovation, read this book.</quote> — " +"<emphasis>Dan Gillmor, author of <citetitle>We the media</citetitle>, an " +"book on the collision of media and technology</emphasis>" +msgstr ""