X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/d1d09af94358ff30e1f8e10d66d687e5d295fa4c..03964852e2883cb4f14dc47e60e63e1a8c60f3c1:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index c0dae2c..6fe464d 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -21,7 +21,7 @@ How big media uses technology and the law to lock down culture and control creativity - 2015-09-04 + 2015-10-17 1 @@ -124,22 +124,20 @@ Circuit Court of Appeals. - + - - 978-82-8067-010-6 + 978-82-690182-0-2 - + - To Eric Eldred — whose work first drew me to this cause, and for whom it continues still. - @@ -800,8 +798,8 @@ State copyright law historically protected not just the commercial interest 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. +D. Brandeis, The Right to Privacy, Harvard +Law Review 4 (1890): 193, 198–200. Brandeis, Louis D. This is also, of course, an important part of creativity and culture, @@ -2224,8 +2222,8 @@ 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 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 +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 @@ -2495,8 +2493,8 @@ more instances of the same misspeaking emerged. Finally, the stor broke back into the mainstream press. In the end, Lott was forced to resign as senate majority leader. -Noah Shachtman, With Incessant Postings, a Pundit Stirs the Pot, New -York Times, 16 January 2003, G5. +Noah Shachtman, With Incessant Postings, a Pundit Stirs the +Pot, New York Times, 16 January 2003, G5. mediacommercial imperatives of @@ -3091,11 +3089,12 @@ Working Paper No. 159. -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. +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. Marc Wanamaker, The First Studios, The Silents Majority, archived at link #12. @@ -3233,7 +3232,7 @@ Perforating Company of New York). 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 +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. @@ -4016,10 +4015,11 @@ regulating technology was the answer. MTV -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 +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. @@ -4400,11 +4400,11 @@ for the architecture it chose. Valenti, Jackon VCR technology 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. +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. Copyright Infringements (Audio and Video Recorders): Hearing on S. 1758 Before the Senate Committee on the Judiciary, 97th Cong., 1st @@ -4631,10 +4631,11 @@ argument. All this hand waving about balance and incentives, they say, misses a fundamental point. Our content, the warriors insist, is our property. 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? +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? It is our property, the warriors @@ -5403,8 +5404,6 @@ And second, Fox wanted ten thousand dollars as a licensing fee for us to use this four-point-five seconds of … entirely unsolicited Simpsons which was in the corner of the shot. - - Herrera, Rebecca Else was certain there was a mistake. He worked his way up to someone @@ -5438,8 +5437,6 @@ 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, The Day After Trinity, from ten years before. -Fox (film company) -Groening, Matt There's no doubt that someone, whether Matt Groening or Fox, owns the copyright to The Simpsons. That copyright is their property. To use @@ -5474,8 +5471,8 @@ Else's use of just 4.5 seconds of an indirect shot of a SimpsonsThe Simpsons—and fair use does not require the permission of anyone. - - + + So I asked Else why he didn't just rely upon fair use. Here's his reply: @@ -6543,7 +6540,7 @@ weaken the right or regulation. I represented it with this diagram:
- +
Madonna @@ -6673,7 +6670,7 @@ driving.
- +
architecture, constraint effected through @@ -6738,7 +6735,7 @@ Internet:
- +
architecture, constraint effected through @@ -6784,7 +6781,7 @@ looting that results.
- +
Commerce, U.S. Department of @@ -7112,14 +7109,14 @@ started here:
- +
We will end here:
- +
Let me explain how. @@ -7142,12 +7139,13 @@ supplemented common law rights that already protected creative authorship. -William W. Crosskey, Politics and the Constitution in the History of -the United States (London: Cambridge University Press, 1953), vol. 1, -485–86: extinguish[ing], by plain implication of `the supreme -Law of the Land,' the perpetual rights which authors had, or -were supposed by some to have, under the Common Law -(emphasis added). +William W. Crosskey, Politics and the Constitution in the +History of the United States (London: Cambridge University +Press, 1953), vol. 1, 485–86: extinguish[ing], by plain +implication of the supreme Law of the Land, +the perpetual rights which authors had, or were supposed by +some to have, under the Common Law (emphasis +added). Crosskey, William W. This meant that there was no guaranteed public domain in the United @@ -7615,7 +7613,7 @@ empty circle.
- +
booksthree types of uses of copyright lawcopies as core issue of @@ -7639,7 +7637,7 @@ acts do not make a copy.
- +
Obviously, however, some uses of a copyrighted book are regulated @@ -7653,7 +7651,7 @@ diagram in figure ).
- +
fair use copyright lawfair use and @@ -7676,7 +7674,7 @@ for public policy (and possibly First Amendment) reasons.
- +
copyrightusage restrictions attached to @@ -7740,7 +7738,7 @@ copyright owner's wish.
- +
There are some people who think this makes perfect sense. My aim @@ -7975,6 +7973,7 @@ silly claim. This extremism was irrelevant to the real freedoms anyone (including Warner Brothers) enjoyed. bookson Internet +Internetbooks on 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 @@ -8087,6 +8086,7 @@ times. But that obligation (and the limits for creating that obligation) would come from the contract, not from copyright law, and the obligations of contract would not necessarily pass to anyone who subsequently acquired the book. +contracts When my e-book of Middlemarch says I have the permission to copy only ten text selections into the memory every ten @@ -8192,6 +8192,7 @@ control. That incentive is understandable, yet what it creates is often crazy. + To see the point in a particularly absurd context, consider a favorite @@ -9366,10 +9367,10 @@ sight to the villagers. They don't understand. He tells them they are blind. They don't have the word blind. 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 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! @@ -9740,7 +9741,7 @@ suffering. 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,' +an overview, see Tanya Albert, Measure Stalls in Senate: We'll Be Back, Say Tort Reformers, amednews.com, 28 July 2003, available at link #38, and Senate Turns Back Malpractice Caps, CBSNews.com, 9 July 2003, @@ -10100,6 +10101,10 @@ 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. +market constraints +permission culturetransaction cost of +regulationoutsize penalties of +technologylegal murkiness on @@ -10116,7 +10121,6 @@ innovation. If innovation is constantly checked by this uncertain and unlimited liability, we will have much less vibrant innovation and much less creativity. -market constraints 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 @@ -10148,6 +10152,8 @@ 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 on innovation. There is a second burden that operates more @@ -10937,7 +10943,7 @@ Jesse Jordan. See Frank Ahrens, RIAA's Lawsuits Meet Surprised Targets; Single Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants, Washington Post, 10 September 2003, E1; Chris Cobbs, Worried Parents -Pull Plug on File `Stealing'; With the Music Industry Cracking Down on +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, Orlando Sentinel Tribune, 30 August 2003, C1; Jefferson Graham, Recording Industry Sues Parents, USA Today, 15 September @@ -10978,7 +10984,7 @@ See Jeff Adler, Cambridge: On Campus, Pirates Are Not Penitent, Boston Globe, 18 May 2003, City Weekly, 1; Frank Ahrens, Four Students Sued over Music Sites; Industry Group Targets File Sharing at Colleges, Washington Post, 4 April 2003, E1; Elizabeth Armstrong, -Students `Rip, Mix, Burn' at Their Own Risk, Christian Science +Students Rip, Mix, Burn at Their Own Risk, Christian Science Monitor, 2 September 2003, 20; Robert Becker and Angela Rozas, Music Pirate Hunt Turns to Loyola; Two Students Names Are Handed Over; Lawsuit Possible, Chicago Tribune, 16 July 2003, 1C; Beth Cox, RIAA @@ -11362,7 +11368,7 @@ much is it worth? 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), +discount rate that we use to evaluate estate investments (6 percent), then this law would be worth $1,146,000 to the estate. @@ -11378,7 +11384,7 @@ would assure that the bill was passed? Absolutely, the adviser responds. It is worth it to you to contribute -up to the `present value' of the income you expect from these +up to the present value of the income you expect from these copyrights. Which for us means over $1,000,000. @@ -11952,8 +11958,8 @@ culture, 94 percent of the films, books, and music produced between commercial market, if access is a value, then 6 percent is a failure to provide that value. -Jason Schultz, The Myth of the 1976 Copyright `Chaos' Theory, 20 -December 2002, available at +Jason Schultz, The Myth of the 1976 Copyright +Chaos Theory, 20 December 2002, available at link #54. @@ -12002,11 +12008,12 @@ most liberal judges in the D.C. Circuit believed Congress had overstepped its bounds. -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 hundred cases a year, out of more than five thousand -appeals.) And it practically never reviews a decision that upholds a -statute when no other court has yet reviewed the statute. +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 +hundred cases a year, out of more than five thousand appeals.) And it +practically never reviews a decision that upholds a statute when no +other court has yet reviewed the statute. But in February 2002, the Supreme Court surprised the world by @@ -13596,10 +13603,10 @@ Property Organization to cancel a meeting. Jonathan Krim, The Quiet War over Open-Source, Washington Post, August 2003, E1, available at link #59; William New, Global Group's -Shift on `Open Source' Meeting Spurs Stir, National Journal's Technology +Shift on Open Source Meeting Spurs Stir, National Journal's Technology Daily, 19 August 2003, available at link #60; William New, U.S. Official -Opposes `Open Source' Talks at WIPO, National Journal's Technology +Opposes Open Source Talks at WIPO, National Journal's Technology Daily, 19 August 2003, available at link #61. @@ -15751,68 +15758,10 @@ grateful for her perpetual patience and love. - - 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 -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 Free Culture, translated and -formatted by volunteers. The new English edition is a by-product of -the translation process. - - - -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. - - - -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. - - - -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. - + + + - -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 - - - @@ -15831,13 +15780,18 @@ Copyright © 2004 Lawrence Lessig. Some rights reserved. -Published in English and Norwegian BokmÃ¥l 2015 by Petter Reinholdtsen -with help from many volunteers. Typeset with dblatex using the font -Crimson Text. +Published in 2015. First published 2004 by The Penguin Press. + + + +This English and Norwegian BokmÃ¥l edition was published by Petter +Reinholdtsen with help from many volunteers. -First published 2004 by The Penguin Press. +Typeset with +dblatex using the +font Crimson Text. @@ -15899,10 +15853,6 @@ Classifications: (ACM CRCS) K.4.1 - -Thomas Gramstad Forlag donated the ISBN numbers. - - Printing was sponsed by NUUG Foundation, . @@ -15934,11 +15884,6 @@ given. For more information about the license visit . - -This book is a proof reading draft. Please visit the github URL above -to get the latest version. - - @@ -15951,19 +15896,15 @@ to get the latest version. US Trade edition from lulu.com - 978-82-8067-010-6 + 978-82-690182-0-2 application/pdf - 978-82-8067-011-3 + 978-82-690182-1-9 application/epub+zip - 978-82-8067-012-0 - - - application/x-mobipocket-ebook - 978-82-8067-013-7 + 978-82-690182-2-6