X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/d528b88a217c66d8e216d2dbe357c6523862e980..016e99a75bbf433a0f234d2e500c9e278ec6e54b:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index ee891aa..c3737b9 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -165,7 +165,7 @@ Code: And Other Laws of Cyberspace -To Eric Eldred—whose work first drew me to this cause, and for whom +To Eric Eldred — whose work first drew me to this cause, and for whom it continues still. @@ -1550,7 +1550,7 @@ 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 +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. @@ -1646,8 +1646,8 @@ The term intellectual property is of relatively recent or Siva Vaidhyanathan, Copyrights and Copywrongs, 11 (New York: New York University Press, 2001). See also Lawrence Lessig, The Future of Ideas (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 +describes a set of property rights — copyright, patents, +trademark, and trade-secret — but the nature of those rights is very different. A large, diverse society cannot survive without property; a large, @@ -4128,8 +4128,9 @@ money from the content they sell; but as with cable companies before statutory licensing, they don't have to pay the copyright owner for the content they sell. -Bernstein, Leonard booksout of print +Bernstein, Leonard +Internetbooks on Type C sharing, then, is very much like used book stores or used record stores. It is different, of course, because the person making @@ -4152,6 +4153,8 @@ stopped, do you think that libraries and used book stores should be shut as well? booksfree on-line releases of +Doctorow, Cory +Down and Out in the Magic Kingdom (Doctorow) Finally, and perhaps most importantly, file-sharing networks enable type D sharing to occur—the sharing of content that copyright owners @@ -4183,6 +4186,7 @@ understandably says, This is how much we've lost, we must also as efficiencies? What is the content that otherwise would be unavailable? + For unlike the piracy I described in the first section of this chapter, much of the piracy that file sharing enables is plainly @@ -4300,7 +4304,7 @@ Congress chose a path that would assure -Betamax +Betamax cassette recordingVCRs In the same year that Congress struck this balance, two major @@ -4373,6 +4377,7 @@ Copyright Infringements (Audio and Video Recorders), 485 (testimony 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 @@ -6460,7 +6465,7 @@ weaken the right or regulation. I represented it with this diagram:
How four different modalities of regulation interact to support or weaken the right or regulation. - +
Madonna @@ -6589,7 +6594,8 @@ driving.
Law has a special role in affecting the three. - + +
architecture, constraint effected through @@ -6652,7 +6658,8 @@ Internet:
Copyright's regulation before the Internet. - + +
architecture, constraint effected through lawas constraint modality @@ -6697,7 +6704,8 @@ looting that results.
effective state of anarchy after the Internet. - + +
Commerce, U.S. Department of regulationas establishment protectionism @@ -6777,7 +6785,7 @@ railroads. Does anyone think we should ban trucks from roads for the purpose of 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 +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 @@ -7020,14 +7028,14 @@ started here:
Copyright's regulation before the Internet. - +
We will end here:
<quote>Copyright</quote> today. - +
Let me explain how. @@ -7522,7 +7530,7 @@ empty circle.
All potential uses of a book. - +
booksthree types of uses of copyright lawcopies as core issue of @@ -7546,7 +7554,7 @@ acts do not make a copy.
Examples of unregulated uses of a book. - +
Obviously, however, some uses of a copyrighted book are regulated @@ -7567,7 +7575,7 @@ that remain unregulated because the law considers these fair uses.
Republishing stands at the core of this circle of possible uses of a copyrighted work. - +
Constitution, U.S.First Amendment to First Amendment @@ -7583,12 +7591,12 @@ for public policy (and possibly First Amendment) reasons.
Unregulated copying considered <quote>fair uses.</quote> - +
Uses that before were presumptively unregulated are now presumptively regulated. - +
copyrightusage restrictions attached to @@ -7926,7 +7934,7 @@ a button at the bottom called Permissions.
Picture of an old version of Adobe eBook Reader - +
If you click on the Permissions button, you'll see a list of the @@ -7934,7 +7942,7 @@ permissions that the publisher purports to grant with this book.
List of the permissions that the publisher purports to grant. - +
@@ -7953,7 +7961,7 @@ translation): Aristotle's Politics.
E-book of Aristotle;s <quote>Politics</quote> - +
According to its permissions, no printing or copying is permitted @@ -7962,7 +7970,7 @@ the book.
List of the permissions for Aristotle;s <quote>Politics</quote>. - +
Future of Ideas, The (Lessig) Lessig, Lawrence @@ -7974,7 +7982,7 @@ Ideas:
List of the permissions for <quote>The Future of Ideas</quote>. - +
No copying, no printing, and don't you dare try to listen to this book! @@ -8060,7 +8068,7 @@ following report:
List of the permissions for <quote>Alice's Adventures in Wonderland</quote>. - +
@@ -8409,7 +8417,7 @@ and bad uses.
VCR/handgun cartoon. - +
Conrad, Paul @@ -8532,7 +8540,7 @@ media. Before this change happened, the different forms of media were owned by separate 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 +live in a world where just three companies control more than 85 percent of the media. @@ -8590,11 +8598,11 @@ of all cable revenue. This is a market far from the free press the framers sought to protect. Indeed, it is a market that is quite well protected— by the market. +Fallows, James 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, -Fallows, James
@@ -8623,7 +8631,7 @@ pattern better than a thousand words could do:
Pattern of modern media ownership. - +
@@ -8815,6 +8823,9 @@ depend fundamentally upon the press to help inform Americans about these issues. advertising +commercials +televisionadvertising on +Nick and Norm anti-drug campaign Beginning in 1998, the Office of National Drug Control Policy launched a media campaign as part of the war on drugs. The campaign produced @@ -8844,6 +8855,10 @@ money. Assume a group of concerned citizens donates all the money in the world to help you get your message out. Can you be sure your message will be heard then? +Constitution, U.S.First Amendment to +First Amendment +Supreme Court, U.S.on television advertising bans +televisioncontroversy avoided by No. You cannot. Television stations have a general policy of avoiding controversial ads. Ads sponsored by the government are deemed @@ -8855,6 +8870,13 @@ commercial media will refuse one side of a crucial debate the opportunity to present its case. And the courts will defend the rights of the stations to be this biased. +ABC +Comcast +Marijuana Policy Project +NBC +WJOA +WRC +advertising 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 @@ -8863,31 +8885,29 @@ 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, New -York Times, 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, Yale Law and Policy Review 6 (1988): 449–79, and for a -more recent summary of the stance of the FCC and the courts, see -Radio-Television News Directors Association v. FCC, 184 F. 3d 872 +limited to drug policy. See, for example, Nat Ives, On the +Issue of an Iraq War, Advocacy Ads Meet with Rejection from TV +Networks, New York Times, 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, Yale Law and Policy Review 6 +(1988): 449–79, and for a more recent summary of the stance of +the FCC and the courts, see Radio-Television News Directors +Association v. FCC, 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 -link #32. The ground -was that the criticism was too controversial. -ABC -Comcast -Marijuana Policy Project -NBC -WJOA -WRC -advertising +diesel buses. Phillip Matier and Andrew Ross, Antidiesel Group +Fuming After Muni Rejects Ad, SFGate.com, 16 June 2003, +available at link +#32. The ground was that the criticism was too +controversial. + + 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 @@ -9161,13 +9181,13 @@ property, the state ought to protect it. But first impressions notwithstanding, historically, this property right (as with all property rights +legal realist movement 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 Nomos XXII: Property, J. Roland Pennock and John W. Chapman, eds. (New York: New York University Press, 1980). -legal realist movement ) has been crafted to balance the important need to give authors and artists incentives with the equally important need to assure access to @@ -10009,7 +10029,7 @@ 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. +produce an overregulated-regulated market. The building of a permission culture, rather than a free culture, is @@ -10158,6 +10178,9 @@ implemented by Congress. I won't catalog all of those responses here. Tauzin, Billy +Berman, Howard L. +Hollings, Fritz +broadcast flag 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 @@ -10172,9 +10195,6 @@ technology in all digital media devices. See GartnerG2, Copyright and Digital Media in a Post-Napster World, 27 June 2003, 33–34, 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. @@ -11997,7 +12017,7 @@ 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 +Software 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 @@ -12701,7 +12721,7 @@ unfair. But the punch in the face felt exactly like that.
Tom the Dancing Bug cartoon - + Bolling, Ruben