X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/c4d6b8041bb7c6ae2c27561393f950363f038297..4dce245686f12d1fd438d93d18599f5e5c655d4e:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index f4697bd..f373e98 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -1,10 +1,10 @@ + by Petter Reinholdtsen 2012-2015 with input from Martin Borg. --> How big media uses technology and the law to lock down culture and control creativity - 2004-03-25 + 2015-09-04 1 @@ -158,28 +158,22 @@ Also by Lawrence Lessig - -The USA is lesterland: The nature of congressional corruption +The USA is lesterland: The nature of congressional corruption (2014) - -Republic, lost: How money corrupts Congress - and a plan to stop it +Republic, lost: How money corrupts Congress - and a plan to stop it (2011) - -Remix: Making art and commerce thrive in the hybrid economy +Remix: Making art and commerce thrive in the hybrid economy (2008) - -Code: Version 2.0 +Code: Version 2.0 (2006) - -The Future of Ideas: The Fate of the Commons in a Connected World +The Future of Ideas: The Fate of the Commons in a Connected World (2001) - -Code: And Other Laws of Cyberspace +Code: And Other Laws of Cyberspace (1999) @@ -266,6 +260,7 @@ c INDEX Preface Pogue, David +Code (Lessig) At the end of his review of my first book, Code: And Other Laws of Cyberspace, David @@ -765,6 +760,7 @@ has introduced. Barlow, Joel +culturefree culture culturecommercial vs. noncommercial Webster, Noah @@ -943,7 +939,7 @@ independent. We have built a kind of cultural nobility; those within the noble class live easily; those outside it don't. But it is nobility of any form that is alien to our tradition. - + The story that follows is about this war. It is not about the centrality of technology to ordinary life. I don't believe in gods, @@ -1150,6 +1146,7 @@ piracy. ASCAP Dreyfuss, Rochelle Girl Scouts +creative propertyintellectual property rights creative propertyif value, then right theory of if value, then right theory @@ -1186,6 +1183,7 @@ creative property. It has never taken hold within our law. copyright lawon republishing vs. transformation of original work +creativityinnovation creativitylegal restrictions on Instead, in our tradition, intellectual property is an instrument. It @@ -1434,6 +1432,7 @@ culture around us and makes it something different. +copyrightcopyright law copyrightduration of public domaindefined public domaintraditional term for conversion to @@ -2283,8 +2282,6 @@ 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. - @@ -2315,6 +2312,9 @@ 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 @@ -2362,6 +2362,7 @@ 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 @@ -2735,13 +2736,14 @@ 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. - 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 spread that creativity everywhere. But we're building the law to close down that technology. +Kahle, Brewster + No way to run a culture, as Brewster Kahle, whom we'll meet in chapter , @@ -3024,6 +3026,9 @@ now.
Film +Hollywood film industryfilm industry +Hollywood film industry +patentson film technology The film industry of Hollywood was built by fleeing pirates. @@ -3101,6 +3106,7 @@ filmmakers there could pirate his inventions without fear of the law. And the leaders of Hollywood filmmaking, Fox most prominently, did just that. + Of course, California grew quickly, and the effective enforcement of federal law eventually spread west. But because patents grant the @@ -3111,6 +3117,7 @@ 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. +
Recorded Music @@ -3151,6 +3158,8 @@ 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 @@ -3177,6 +3186,7 @@ Hackensack, N.J.: Rothman Reprints, 1976). + Sousa, John Philip The innovators who developed the technology to record other @@ -3200,6 +3210,7 @@ To Amend and Consolidate the Acts Respecting Copyright, 23 (statement of John Philip Sousa, composer). + American Graphophone Company player pianos sheet music @@ -3360,6 +3371,7 @@ 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. +radiomusic recordings played on But when the radio station plays a record, it is not only performing a copy of the composer's work. The radio station is @@ -3401,6 +3413,7 @@ the sale of her CDs. The public performance of her recording is not a her anything. + No doubt, one might argue that, on balance, the recording artists @@ -3709,6 +3722,7 @@ permission of a property owner. That is exactly what property mea Asia, commercial piracy in piracyin Asia +open-source softwarefree software/open-source software (FS/OSS) free software/open-source software (FS/OSS) GNU/Linux operating system Linux operating system @@ -3809,6 +3823,7 @@ author of his profit. Fanning, Shawn +innovationcreativity innovation Napster Peer-to-peer sharing was made famous by Napster. But the inventors of @@ -3888,6 +3903,8 @@ 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 @@ -3941,6 +3958,7 @@ to content that is not copyrighted or that the copyright owner wants to give away. + How do these different types of sharing balance out? @@ -3978,6 +3996,7 @@ 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 @@ -4133,6 +4152,7 @@ publisher or the distributor has decided it no longer makes economic sense to the company to make it available. booksresales of +used record sales In real space—long before the Internet—the market had a simple @@ -4238,6 +4258,9 @@ 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 @@ -4261,6 +4284,8 @@ 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 @@ -4272,6 +4297,7 @@ 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 @@ -4315,6 +4341,7 @@ companies the right to the content, so long as they paid the statutory price. +copyright lawtwo central goals of @@ -4338,6 +4365,7 @@ Congress chose a path that would assure Betamax cassette recordingVCRs +SonyBetamax technology developed by In the same year that Congress struck this balance, two major producers and distributors of film content filed a lawsuit against @@ -4369,6 +4397,7 @@ 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 @@ -4410,6 +4439,7 @@ of Jack Valenti). + It took eight years for this case to be resolved by the Supreme Court. In the interim, the Ninth Circuit Court of Appeals, which @@ -4428,6 +4458,7 @@ technology. Kozinski, Alex + But the Supreme Court reversed the decision of the Ninth Circuit. @@ -4503,6 +4534,7 @@ 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, @@ -5946,6 +5978,7 @@ perhaps, you also have the power to find what you don't remember and what others might prefer you forget. Iraq war +Kahle, Brewster White House press releases The temptations remain, however. Brewster Kahle reports that the White House changes its own press releases without notice. A May 13, 2003, @@ -5986,6 +6019,7 @@ think that we have scads of archives of newspapers from tiny towns around the world, yet there is but one copy of the Internet—the one kept by the Internet Archive. +Kahle, Brewster Brewster Kahle is the founder of the Internet Archive. He was a very successful Internet entrepreneur after he was a successful computer @@ -6214,6 +6248,10 @@ 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 @@ -6253,12 +6291,14 @@ someone's property. And the law of property restricts the freedom that Kahle and others would exercise. + Chapter Ten: <quote>Property</quote> Johnson, Lyndon Kennedy, John F. +Valenti, Jackbackground of Jack Valenti has been the president of the Motion Picture Association of America since 1966. He first came @@ -6270,10 +6310,10 @@ 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 @@ -6357,6 +6397,7 @@ have no 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. + While creative property is certainly property in a nerdy and precise sense that lawyers are trained to understand, @@ -6483,6 +6524,8 @@ ought to be. Not whether artists should be paid, but whether institutions designed to assure that artists get paid need also control how culture develops. +Code (Lessig) +Lessig, Lawrence free culturefour modalities of constraint on regulationfour modalities of copyright lawas ex post regulation modality @@ -6500,7 +6543,7 @@ weaken the right or regulation. I represented it with this diagram:
- +
Madonna @@ -6612,6 +6655,7 @@ other three is more timidly expressed. See Lawrence Lessig, Code: An Other Laws of Cyberspace (New York: Basic Books, 1999): 90–95; Lawrence Lessig, The New Chicago School, Journal of Legal Studies, June 1998. +Code (Lessig) The law, in other words, sometimes operates to increase or decrease the constraint of a particular modality. Thus, the law might be used @@ -6629,7 +6673,7 @@ driving.
- +
architecture, constraint effected through @@ -6675,6 +6719,7 @@ effective liberty that each of these groups might face. Commons, John R. architecture, constraint effected through market constraints +Code (Lessig) @@ -6693,7 +6738,7 @@ Internet:
- +
architecture, constraint effected through @@ -6739,7 +6784,7 @@ looting that results.
- +
Commerce, U.S. Department of @@ -6997,12 +7042,16 @@ 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: +
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 @@ -7063,14 +7112,14 @@ started here:
- +
We will end here:
- +
Let me explain how. @@ -7205,6 +7254,7 @@ from 14 years to 28 years. In the next fifty years of the Republic, the term increased once again. In 1909, Congress extended the renewal term of 14 years to 28 years, setting a maximum term of 56 years. +CTEASonny Bono Copyright Term Extension Act (CTEA) (1998) Sonny Bono Copyright Term Extension Act (CTEA) (1998) public domainfuture patents vs. future copyrights in @@ -8438,7 +8488,7 @@ No argument I have can top this picture, but let me try to get close. — On which item have the courts ruled that manufacturers and retailers be held responsible for having supplied the equipment? - + The anticircumvention provisions of the DMCA target copyright @@ -8613,6 +8663,7 @@ Molly Ivins, Media Consolidation Must Be Stopped, Char 31 May 2003. +radioownership consolidation in The story with radio is even more dramatic. Before deregulation, the nation's largest radio broadcasting conglomerate owned fewer than @@ -8625,6 +8676,7 @@ 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 @@ -8661,6 +8713,8 @@ James Fallows, The Age of Murdoch, Atlantic Monthly
+ + The pattern with Murdoch is the pattern of modern media. Not just large companies owning many radio stations, but a few companies @@ -8783,6 +8837,7 @@ 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. @@ -8835,6 +8890,7 @@ 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 @@ -9616,6 +9672,8 @@ 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, @@ -9679,7 +9737,8 @@ 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 @@ -9688,6 +9747,7 @@ 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 @@ -10239,6 +10299,8 @@ the story of the demise of Internet radio. artistsrecording industry payments to Kennedy, John F. +Monroe, Marilyn +radiomusic recordings played on @@ -10263,6 +10325,7 @@ than with the power of radio stations: Their lobbyists were quite good at stopping any efforts to get Congress to require compensation to the recording artists. + Enter Internet radio. Like regular radio, Internet radio is a technology to stream content from a broadcaster to a listener. The @@ -10884,6 +10947,7 @@ 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 @@ -10944,6 +11008,7 @@ 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 @@ -11153,6 +11218,7 @@ 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 @@ -11388,6 +11454,9 @@ Supreme Court's decision in 1995 to strike down a law that banned the possession of guns near schools. +commerce, interstate +Congress, U.S.constitutional powers of +interstate commerce Since 1937, the Supreme Court had interpreted Congress's granted powers very broadly; so, while the Constitution grants Congress the @@ -11406,6 +11475,7 @@ commerce. A Constitution designed to limit Congress's power was instead interpreted to impose no limit. Rehnquist, William H. +United States v. Lopez/ The Supreme Court, under Chief Justice Rehnquist's command, changed that in United States v. Lopez. The government had @@ -11430,8 +11500,11 @@ Congress's power. The decision in Lopez was reaffirmed fi later in United States v. Morrison. United States v. Morrison, 529 U.S. 598 (2000). +United States v. Morrison + + If a principle were at work here, then it should apply to the Progress Clause as much as the Commerce Clause. @@ -11456,6 +11529,9 @@ 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, U.S.Supreme Court restraint on +United States v. Lopez If, that is, the principle announced in Lopez stood for a principle. Many believed the decision in Lopez stood for @@ -11469,6 +11545,7 @@ 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. + Constitution, U.S.copyright purpose established in copyrightconstitutional purpose of copyrightduration of @@ -11520,6 +11597,8 @@ have created the perfect storm for the public domain. Copyrights have not expired, and will not expire, so long as Congress is free to be bought to extend them again. + + It is valuable copyrights that are responsible for terms being extended. Mickey Mouse and @@ -11547,6 +11626,7 @@ of Petitioners, Eldred v. Ashcroft +Kahle, Brewster Think practically about the consequence of this extension—practically, @@ -11804,6 +11884,7 @@ would not have interfered with anything. But this situation has now changed. +Kahle, Brewster archives, digital One crucially important consequence of the emergence of digital @@ -11845,6 +11926,7 @@ 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? + Maybe. Someday. But there is absolutely no evidence to suggest that publishers would be as complete as libraries. If Barnes & Noble @@ -11950,6 +12032,7 @@ retell this story to myself, I can never escape believing that my own mistake lost it. Steward, Geoffrey +Jones, Day, Reavis and Pogue (Jones Day) The mistake was made early, though it became obvious only at the very end. Our case had been supported @@ -11974,6 +12057,7 @@ 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. + 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 @@ -12099,6 +12183,7 @@ to describe special-interest legislation gone wild. Morrison, Alan Public Citizen Reagan, Ronald +Jones, Day, Reavis and Pogue (Jones Day) 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 @@ -12195,8 +12280,17 @@ favorites, through copyright, with who has the right to speak. was little I did beyond preparing for this case. Early on, as I said, I set the strategy. +Kennedy, Anthony +O'Connor, Sandra Day Rehnquist, William H. O'Connor, Sandra Day +Thomas, Clarence +United States v. Lopez +United States v. Morrison +Scalia, Antonin +Congress, U.S.Supreme Court restraint on +Supreme Court, U.S.congressional actions restrained by +Supreme Court, U.S.factions of The Supreme Court was divided into two important camps. One camp we called the Conservatives. The other we called the Rest. The @@ -12241,6 +12335,7 @@ also very sensitive to free speech concerns. And as we strongly believed, there was a very important free speech argument against these retrospective extensions. + The only vote we could be confident about was that of Justice @@ -12260,6 +12355,13 @@ 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. +United States v. Lopez +commerce, interstate +interstate commerce +Congress, U.S.in constitutional Progress Clause +Progress Clause +Congress, U.S.copyright terms extended by +Constitution, U.S.Progress Clause of 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 @@ -12282,6 +12384,7 @@ beginning, Congress has been extending the term of existing copyrights. So, the government argued, the Court should not now say that practice is unconstitutional. + There was some truth to the government's claim, but not much. We certainly agreed that Congress had extended existing terms in 1831 @@ -12327,6 +12430,7 @@ this central idea. Ayer, Don Reagan, Ronald Fried, Charles +Jones, Day, Reavis and Pogue (Jones Day) One moot was before the lawyers at Jones Day. Don Ayer was the skeptic. He had served in the Reagan Justice Department with Solicitor @@ -12445,6 +12549,7 @@ number of briefs had been written about it. He wanted to hear it. And here was the place Don Ayer's advice should have mattered. This was a softball; my answer was a swing and a miss. +United States v. Lopez The second came from the Chief, for whom the whole case had been crafted. For the Chief Justice had crafted the Lopez ruling, @@ -12541,6 +12646,7 @@ money in the world against reasoning. And here was the last naïve law professor, scouring the pages, looking for reasoning. +United States v. Lopez I first scoured the opinion, looking for how the Court would distinguish the principle in this case from the principle in @@ -12573,6 +12679,7 @@ talk about the two together. There was therefore no principle that followed from the Lopez case: In that context, Congress's power would be limited, but in this context it would not. + Yet by what right did they get to choose which of the framers' values they would respect? By what right did they—the silent @@ -12609,6 +12716,7 @@ 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. +United States v. Lopez These two justices understood all the arguments we had made. But because neither believed in the Lopez case, neither was willing to push @@ -12636,6 +12744,7 @@ light of the structure of the Constitution. That method had produced Lopez and many other originalist rulings. Where was their originalism now? + Here, they had joined an opinion that never once tried to explain what the framers had meant by crafting the Progress Clause as they @@ -12821,6 +12930,8 @@ 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 @@ -13039,6 +13150,7 @@ 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 @@ -13662,6 +13774,7 @@ its lobbying efforts. Boland, Lois +Patent and Trademark Office, U.S. What was surprising was the United States government's reason for opposing the meeting. Again, as reported by Krim, Lois Boland, acting @@ -13719,7 +13832,7 @@ 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 their property. -Boland, Lois +Boland, Lois 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 @@ -13793,7 +13906,7 @@ mistake. I have no illusion about the extremism of our government, whether Republican or Democrat. My only illusion apparently is about whether our government should speak the truth or not.) - + Obviously, however, the poster was not supporting that idea. Instead, the poster was ridiculing the very idea that in the real world, the @@ -13827,6 +13940,7 @@ something more than the handmaiden of the most powerful interests. It might be crazy to argue that we should preserve a tradition that has been part of our tradition for most of our history—free culture. + If this is crazy, then let there be more crazies. Soon. @@ -13977,6 +14091,7 @@ potential is ever to be realized. Afterword +copyrightvoluntary reform efforts on @@ -13997,6 +14112,8 @@ authors, musicians, filmmakers, scientists—all to tell this story in their own words, and to tell their neighbors why this battle is so important. +RCA + 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 @@ -14008,6 +14125,7 @@ sketch changes that Congress could make to better secure a free culture.
Us, now +copyrightvoluntary reform efforts on Common sense is with the copyright warriors because the debate so far has been framed at the @@ -14452,9 +14570,10 @@ downloads increased, the used book price for his book increased, as well. +Leaphart, Walter Public Enemy + rap music -Leaphart, Walter These are examples of using the Commons to better spread proprietary content. I believe that is a wonderful and common use of the @@ -14629,6 +14748,9 @@ 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. @@ -15284,6 +15406,8 @@ 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 @@ -15627,58 +15751,8 @@ grateful for her perpetual patience and love. - - - - - -Free Culture is an entertaining and -important look at the past and future of the cold war between the -media industry and new technologies. — Marc Andreessen, -cofounder of Netscape - - - -America needs a national conversation about the way in which -so-called intellectual property rights 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. — -Dan Gillmor, author of Making the -News, an upcoming book on the collision of media and -technology - - - -Free Culture 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 intellectual -property. — Brewster Kahle, founder of the -Internet Archive - - - - - - - + + About this edition This edition of Free Culture is the result of three years of volunteer work. The idea came from a discussion I had @@ -15704,38 +15778,43 @@ volunteers went out to help me with the translation. -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 and Ingrid Yrvin did very valuable -proofreading. HÃ¥kon Wium Lie helped me track down a good replacement -font without usage restrictions instead of the one in original PDF. -pThe 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. 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. +Several people joined, and Anders Hagen Jarmund, Kirill Miazine, Odd +Kleiva, Kjetil Kilhavn og Kjetil T. Homme 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, Johannes Larsen and Gisle Hannemyr 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. -I am also very grateful for my family for their patience with me in -this project. +At the end of the project, when the translation was done and it was +time to publish, NUUG Foundation was asked and was willing to sponsor +books to members of the Norwegian parliament and other decision +makers. -— Petter Reinholdtsen, Oslo 2015-08-27 +In addition to these great contributors, I am very grateful to Mari +and my family for their patience with me in this project. + + + +— Petter Reinholdtsen, Oslo 2015-09-07 - @@ -15780,7 +15859,19 @@ courtesy of the office of FCC Commissioner, Michael J. Copps. -Includes index. +Cover created by Petter Reinholdtsen using inkscape. + + + +The quotes on the cover came from +. + + + +Portrait on the cover was created 2013 by ActuaLitté and licensed +under a Creative Commons Attribution-ShareAlike 2.0 license. It was +downloaded from +. @@ -15812,6 +15903,15 @@ Classifications: Thomas Gramstad Forlag donated the ISBN numbers. + +Printing was sponsed by NUUG Foundation, +. + + + +Includes index. + + @@ -15821,6 +15921,12 @@ The Docbook source is available from Please report any issues with the book there. + + + + This book is licensed under a Creative Commons license. This license permits non-commercial use of this work, so long as attribution is @@ -15838,30 +15944,31 @@ to get the latest version. - ISBN Format / MIME-type + ISBN + US Trade edition from lulu.com 978-82-8067-010-6 - Digest size from lulu.com - 978-82-8067-011-3 application/pdf + 978-82-8067-011-3 - 978-82-8067-012-0 application/epub+zip + 978-82-8067-012-0 - 978-82-8067-013-7 application/x-mobipocket-ebook + 978-82-8067-013-7 +