X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/d4f23627208968702701717a3ea1820203866f9b..f996fa37271db00487dc83c715d97fef1e9149d6:/freeculture.xml
diff --git a/freeculture.xml b/freeculture.xml
index 668e7f4..9addf20 100644
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -2914,7 +2914,9 @@ 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.
+Working Paper No. 159.
+broadcast flag
+
Fox, William
General Film Company
Picker, Randal C.
@@ -3396,6 +3398,7 @@ has so often done in the past.
Piracy I
+Asia, commercial piracy in
All across the world, but especially in Asia and Eastern Europe, there
are businesses that do nothing but take others people's copyrighted
@@ -3474,6 +3477,7 @@ advantage of that opportunity, but when they don't, then their laws
should be respected. And under the laws of these nations, this piracy
is wrong.
+Asia, commercial piracy in
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
@@ -3522,6 +3526,7 @@ 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.
+Asia, commercial piracy in
Finally, we could try to excuse this piracy with the argument that the
piracy actually helps the copyright owner. When the Chinese steal
@@ -4285,6 +4290,7 @@ controlling the technology of DAT. See Audio Home Recording Act of
eliminate the opportunity for free riding in the sense I've described. See
Lessig, Future, 71. See also Picker, From Edison to the Broadcast Flag,
University of Chicago Law Review 70 (2003): 293–96.
+broadcast flag
Picker, Randal C.
In each case, throughout our history,
@@ -4460,6 +4466,7 @@ from the implications that the copyright warriors would have us draw.
CHAPTER SIX: Founders
Henry V
+Branagh, Kenneth
William Shakespeare wrote Romeo and Juliet in 1595. The play
was first published in 1597. It was the eleventh major play that
@@ -4599,6 +4606,7 @@ 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.
+Branagh, Kenneth
So, for example, even if the copyright to Shakespeare's works were
perpetual, all that would have meant under the original meaning of the
@@ -5425,6 +5433,7 @@ 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.
+Camp Chaos
But presentations are just a tiny beginning. Using the Internet and
@@ -5435,7 +5444,6 @@ takes images of 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.
-Camp Chaos
All of these creations are technically illegal. Even if the creators
@@ -5813,6 +5821,10 @@ we are for the first time at a point where that dream is possible. As
Kahle describes,
+
+ books
+ total 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
@@ -6382,6 +6394,8 @@ 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?)
+Brezhnev, Leonid
+Gates, Bill
The obvious answer to these obviously rhetorical questions is no.
In a free society, with a free market, supported by free enterprise and
@@ -6402,7 +6416,6 @@ 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.
-Gates, Bill
Thus, while it is understandable for industries threatened with new
@@ -6457,13 +6470,12 @@ production is a good thing. No one doubts that the work of Müller was
important and valuable and probably saved lives, possibly millions.
Carson, Rachel
+Silent Sprint (Carson)
But in 1962, Rachel Carson published Silent Spring, 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.
-Carson, Rachel
-Silent Sprint (Carson)
No one set out to destroy the environment. Paul Müller certainly did
@@ -6474,6 +6486,7 @@ problems DDT caused were worse than the problems it solved, at least
when considering the other, more environmentally friendly ways to
solve the problems that DDT was meant to solve.
+Boyle, James
It is to this image precisely that Duke University law professor James
Boyle appeals when he argues that we need an environmentalism
for
@@ -7247,6 +7260,7 @@ 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.
+Barnes & Noble
No doubt, a potential is not yet an abuse, and so the potential for
@@ -9453,6 +9467,7 @@ 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.
+broadcast flag
The examples of this form of legislation are many. At the urging of
the content industry, some in Congress have threatened legislation that
@@ -9569,6 +9584,7 @@ available at
link #44.
Berman, Howard L.
Hollings, Fritz
+broadcast flag
But there is one example that captures the flavor of them all. This is
the story of the demise of Internet radio.
@@ -10439,6 +10455,8 @@ would pass into the public domain until that year (and not even then,
if Congress extends the term again). By contrast, in the same period,
more than 1 million patents will pass into the public domain.
+Bono, Mary
+Bono, Sonny
@@ -10447,6 +10465,8 @@ This was the Sonny Bono Copyright Term Extension Act
Sonny Bono, who, his widow, Mary Bono, says, believed that
copyrights should be forever.
+Bono, Mary
+Bono, Sonny
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
@@ -12698,6 +12718,9 @@ noticed. Powerful lobbies, complex issues, and MTV attention spans
produce the perfect storm
for free culture.
Reagan, Ronald
+
+ biomedical research
+
In August 2003, a fight broke out in the United States about a
decision by the World Intellectual Property Organization to cancel a
@@ -12734,6 +12757,7 @@ in the early 1980s. And it included open source and free software.
IBM
PLoS (Public Library of Science)
+
The aim of the meeting was to consider this wide range of projects
from one common perspective: that none of these projects relied upon
@@ -13126,6 +13150,8 @@ kids who use a computer to share content.
Causby, Tinie
Creative Commons
Gil, Gilberto
+BBC
+Brazil, free culture in
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
@@ -14227,6 +14253,7 @@ Rockies—you can instantaneously be connected to the
Internet. Imagine the Internet as ubiquitous as the best cell-phone
service, where with the flip of a device, you are connected.
+cell phones, music streamed over
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,
@@ -14466,6 +14493,7 @@ 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.
+Asia, commercial piracy in
This competition has already occurred against the background of free
music from p2p systems. As the sellers of cable television have known
@@ -14648,6 +14676,7 @@ away from areas that we know it will only harm. And that is precisely
what the law will too often do if too much of our culture is left to
its review.
+Brezhnev, Leonid
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