X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/bd9add788c9a7b5d075d6dbb6f9830c5b2a68a8f..3264d5867e80421dae61c288d9f6eec36550fc15:/freeculture.xml
diff --git a/freeculture.xml b/freeculture.xml
index a524a5d..3ac242e 100644
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -2311,6 +2311,9 @@ entertainment is tragedy.
ABC
CBS
+Cyber Rights (Godwin)
+Godwin, Mike
+Internetnews events on
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
@@ -2358,6 +2361,7 @@ such as in Japan, it functions very much like a diary. In those
cultures, it records private facts in a public way—it's a kind
of electronic Jerry Springer, available anywhere in the world.
+
political discourse
Internetpublic discourse conducted on
@@ -3153,6 +3157,8 @@ then, I could effectively pirate someone else's song without paying
its composer anything.
+Kittredge, Alfred
+music publishing
The composers (and publishers) were none too happy about
@@ -3179,6 +3185,7 @@ Hackensack, N.J.: Rothman Reprints, 1976).
+
Sousa, John Philip
The innovators who developed the technology to record other
@@ -3202,6 +3209,7 @@ To Amend and Consolidate the Acts Respecting Copyright, 23
(statement of John Philip Sousa, composer).
+
American Graphophone Company
player pianos
sheet music
@@ -3894,6 +3902,8 @@ carefully than the polarized voices around this debate usually
do—the kinds of sharing that file sharing enables, and the kinds
of harm it entails.
+peer-to-peer (p2p) file sharingfour types of
+Napsterrange of content on
File sharers share different kinds of content. We can divide these
@@ -3947,6 +3957,7 @@ to content that is not copyrighted or that the copyright owner
wants to give away.
+
How do these different types of sharing balance out?
@@ -3984,6 +3995,7 @@ cassette recording is a good example. As a study by Cap Gemini Ernst
technology, the labels fought it.
cassette recording
+DAT (digital audio tape)
See Cap Gemini Ernst & Young, Technology Evolution and the
Music Industry's Business Model Crisis (2003), 3. This report
describes the music industry's effort to stigmatize the budding
@@ -4245,6 +4257,9 @@ found only with time.
But isn't the war just a war against illegal sharing? Isn't the target
just what you call type A sharing?
+copyright infringement lawsuitszero tolerance in
+Napsterinfringing material blocked by
+peer-to-peer (p2p) file sharinginfringement protections in
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
@@ -4268,6 +4283,8 @@ account of the litigation and its toll on Napster, see Joseph Menn,
York: Crown Business, 2003), 269–82.
+
+
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
@@ -4279,6 +4296,7 @@ The court's ruling means that we as a society must lose the benefits of
p2p, even for the totally legal and beneficial uses they serve, simply to
assure that there are zero copyright infringements caused by p2p.
+
Zero tolerance has not been our history. It has not produced the
content industry that we know today. The history of American law has
@@ -4322,6 +4340,7 @@ companies the right to the content, so long as they paid the statutory
price.
+copyright lawtwo central goals of
@@ -4377,6 +4396,7 @@ for the architecture it chose.
Congress, U.S.on copyright laws
Congress, U.S.on VCR technology
+Valenti, Jackon VCR technology
MPAA president Jack Valenti became the studios' most vocal
champion. Valenti called VCRs tapeworms.
He warned, When there are
@@ -4437,6 +4457,7 @@ technology.
Kozinski, Alex
+
But the Supreme Court reversed the decision of the Ninth Circuit.
@@ -4512,6 +4533,7 @@ together, a pattern is clear:
In each case throughout our history, a new technology changed the
way content was distributed.
+DAT (digital audio tape)
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,
@@ -6225,6 +6247,10 @@ Kahle describes,
bookstotal number of
+filmstotal number of
+music recordingspeer-to-peer (p2p) file sharing
+music recordingsrecording industry
+music recordingstotal number of
It looks like there's about two to three million recordings of music.
Ever. There are about a hundred thousand theatrical releases of
@@ -6271,7 +6297,7 @@ that Kahle and others would exercise.
Chapter Ten: <quote>Property</quote>
Johnson, Lyndon
Kennedy, John F.
-Valenti, Jackbackground of
+Valenti, Jackbackground of
Jack Valenti has been the president
of the Motion Picture Association of America since 1966. He first came
@@ -6283,10 +6309,10 @@ running the MPAA, Valenti has established himself as perhaps the most
prominent and effective lobbyist in Washington.
Disney, Inc.
-Sony Pictures Entertainment
MGM
Paramount Pictures
Twentieth Century Fox
+Sony Pictures Entertainment
Universal Pictures
Warner Brothers
@@ -6301,7 +6327,6 @@ in the United States: Walt Disney, Sony Pictures Entertainment, MGM,
Paramount Pictures, Twentieth Century Fox, Universal Studios, and
Warner Brothers.
-Valenti, Jackbackground of
Valenti is only the third president of the MPAA. No president before
@@ -8646,6 +8671,7 @@ market's revenues. Overall, just four companies control 90 percent of
the nation's radio advertising revenues.
cable television
+newspapersownership consolidation of
Newspaper ownership is becoming more concentrated as well. Today,
there are six hundred fewer daily newspapers in the United States than
@@ -8682,6 +8708,7 @@ James Fallows, The Age of Murdoch,
Atlantic Monthly
+
The pattern with Murdoch is the pattern of modern media. Not
@@ -8805,6 +8832,7 @@ Moyers, 25 April 2003, edited transcript available at
+democracymedia concentration and
This narrowing has an effect on what is produced. The product of such
large and concentrated networks is increasingly homogenous.
@@ -8857,6 +8885,7 @@ In addition to the copyright wars, we're in the middle of the drug
wars. Government policy is strongly directed against the drug cartels;
criminal and civil courts are filled with the consequences of this battle.
+criminal justice system
Let me hereby disqualify myself from any possible appointment to
any position in government by saying I believe this war is a profound
@@ -9638,6 +9667,8 @@ statement. You could write a poem to express your love, or you could
weave together a string—a mash-up— of songs from your
favorite artists in a collage and make it available on the Net.
+democracydigital sharing within
+Kodak cameras
This digital capturing and sharing
is in part an extension of the
capturing and sharing that has always been integral to our culture,
@@ -9701,7 +9732,8 @@ negligently removes the wrong leg in an operation would be liable for
no more than $250,000 in damages for pain and
suffering.
- The bill, modeled after California's tort reform model, was passed in the
+
+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
@@ -9710,6 +9742,7 @@ and Senate Turns Back Malpractice Caps,
CBSNews.com, 9 July 2003,
available at
link #39. President Bush has continued to urge tort reform in
recent months.
+tort reform
Bush, George W.
Can common sense recognize the absurdity in a world where
@@ -10909,6 +10942,7 @@ Brianna a Criminal? Toronto Star, 18 September 20
+Napsterrecording industry tracking users of
Even this understates the espionage that is being waged by the
RIAA. A report from CNN late last summer described a strategy the
@@ -10969,6 +11003,7 @@ have already learned, our presumptions about innocence disappear in
the middle of wars of prohibition. This war is no different.
Says von Lohmann,
+
So when we're talking about numbers like forty to sixty million
@@ -11178,6 +11213,7 @@ Sonny Bono, who, his widow, Mary Bono, says, believed that
Bono, Mary
Bono, Sonny
+Valenti, Jackperpetual copyright term proposed by
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
@@ -12853,6 +12889,8 @@ Congress allows for those works where its worth is at least $1. But for
everything else, let the content go.
Forbes, Steve
+Democratic Party
+Republican Party
The reaction to this idea was amazingly strong. Steve Forbes endorsed
it in an editorial. I received an avalanche of e-mail and letters
@@ -13071,6 +13109,7 @@ 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.
+Valenti, JackEldred Act opposed by
But at this stage, the lobbyists began to intervene. Jack Valenti and
the MPAA general counsel came to the congresswoman's office to give
@@ -14668,6 +14707,9 @@ doesn't follow that the government must actually administer the
role. Instead, we should be creating incentives for private parties to
serve the public, subject to standards that the government sets.
+domain names
+Internetdomain name registration on
+Web sites, domain name registration of
In the context of registration, one obvious model is the Internet.
There are at least 32 million Web sites registered around the world.
@@ -15323,6 +15365,8 @@ controlling access.
artistsrecording industry payments to
+semiotic democracy
+democracysemiotic
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