X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/d6fceb746324ae975d899473776cd8acaa2e6907..97b6a5854a882a37993b52a19c87a3c15dbb8034:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index b893290..5ecf5ef 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -18,11 +18,13 @@ "freeculture" - HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN - CULTURE AND CONTROL CREATIVITY + How big media uses technology and the law to lock down + culture and control creativity 2004-03-25 + 1 + Version 2004-02-10 @@ -90,18 +92,17 @@ -This version of Free Culture is licensed under -a Creative Commons license. This license permits non-commercial use of -this work, so long as attribution is given. For more information -about the license, click the icon above, or visit +This book is licensed under a Creative Commons license. This license +permits non-commercial use of this work, so long as attribution is +given. For more information about the license visit http://creativecommons.org/licenses/by-nc/1.0/ - ABOUT THE AUTHOR + About the author -LAWRENCE LESSIG +Lawrence Lessig (http://www.lessig.org), professor of law and a John A. Wilson Distinguished Faculty Scholar at Stanford Law School, is founder of the Stanford Center for Internet @@ -138,13 +139,15 @@ Appeals. --> - 978-82-92812-XX-Y + 978-82-8067-010-6 2003063276 + http://free-culture.cc/ + @@ -186,12 +189,14 @@ Code: And Other Laws of Cyberspace - + To Eric Eldred — whose work first drew me to this cause, and for whom it continues still. - + @@ -259,7 +264,7 @@ c INDEX -PREFACE +Preface Pogue, David At the end of his review of my first @@ -413,8 +418,8 @@ book is written. - -INTRODUCTION + +Introduction Wright brothers On December 17, 1903, on a windy North Carolina beach for just @@ -1070,7 +1075,7 @@ to which most of us remain oblivious. -<quote>PIRACY</quote> +<quote>Piracy</quote> copyright lawEnglish @@ -1253,7 +1258,7 @@ context the current battles about behavior labeled piracy. -Creators +Chapter One: Creators animated cartoons cartoon films filmsanimated @@ -1782,7 +1787,7 @@ free culture. It is becoming much less so. -<quote>Mere Copyists</quote> +Chapter Two: <quote>Mere Copyists</quote> Daguerre, Louis camera technology photography @@ -2745,7 +2750,7 @@ quipped to me in a rare moment of despondence. -Catalogs +Chapter Three: Catalogs Jordan, Jesse RPIRensselaer Polytechnic Institute (RPI) Rensselaer Polytechnic Institute (RPI) @@ -3003,7 +3008,7 @@ wrong message. And he wants to correct the record. -<quote>Pirates</quote> +Chapter Four: <quote>Pirates</quote> piracyin development of content industry if value, then right theory @@ -3551,7 +3556,7 @@ last. Every generation—until now. -<quote>Piracy</quote> +Chapter Five: <quote>Piracy</quote> There is piracy of copyrighted material. Lots of it. This piracy comes in many forms. The most @@ -4609,7 +4614,7 @@ is protected. -<quote>PROPERTY</quote> +<quote>Property</quote> @@ -4690,7 +4695,7 @@ from the implications that the copyright warriors would have us draw. -Founders +Chapter Six: Founders booksEnglish copyright law developed for copyright lawdevelopment of copyright lawEnglish @@ -5293,7 +5298,7 @@ protected. -Recorders +Chapter Seven: Recorders copyright lawfair use and documentary film Else, Jon @@ -5526,7 +5531,7 @@ not. -Transformers +Chapter Eight: Transformers Allen, Paul Alben, Alex Microsoft @@ -5887,7 +5892,7 @@ curse, reserved for the few. -Collectors +Chapter Nine: Collectors archives, digital bots @@ -6251,7 +6256,7 @@ that Kahle and others would exercise. -<quote>Property</quote> +Chapter Ten: <quote>Property</quote> Johnson, Lyndon Kennedy, John F. @@ -6494,7 +6499,7 @@ how four different modalities of regulation interact to support or 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 @@ -6623,7 +6628,7 @@ driving.
-Law has a special role in affecting the three. +
@@ -6687,7 +6692,7 @@ Let's say this is the picture of copyright's regulation before the Internet:
-Copyright's regulation before the Internet. +
@@ -6733,7 +6738,7 @@ after the fall of Saddam, but this time no government is justifying the looting that results.
-effective state of anarchy after the Internet. +
@@ -7057,14 +7062,14 @@ particular concentration of market power. In terms of our model, we started here:
-Copyright's regulation before the Internet. +
We will end here:
-<quote>Copyright</quote> today. +
@@ -7559,7 +7564,7 @@ We can see this point abstractly by beginning with this largely empty circle.
-All potential uses of a book. +
booksthree types of uses of @@ -7583,7 +7588,7 @@ it up, those acts are not regulated by copyright law, because those acts do not make a copy.
-Examples of unregulated uses of a book. +
@@ -7592,7 +7597,7 @@ by copyright law. Republishing the book, for example, makes a copy. It is therefore regulated by copyright law. Indeed, this particular use stands at the core of this circle of possible uses of a copyrighted work. It is the paradigmatic use properly regulated by copyright regulation (see -diagram in ). +diagram in figure ). @@ -7604,7 +7609,7 @@ 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 @@ -7620,14 +7625,9 @@ but the law denies the owner any exclusive right over such fair uses
-Unregulated copying considered <quote>fair uses.</quote> +
- -
-Uses that before were presumptively unregulated are now presumptively regulated. - -
copyrightusage restrictions attached to @@ -7688,6 +7688,10 @@ then whenever you read the book (or any portion of it) beyond the fifth time, you are making a copy of the book contrary to the copyright owner's wish. +
+ + +
There are some people who think this makes perfect sense. My aim just now is not to argue about whether it makes sense or not. My aim @@ -7946,8 +7950,9 @@ technology, and the publisher delivers the content by using the technology. -In is a picture of an old version of my -Adobe eBook Reader. +In figure + +is a picture of an old version of my Adobe eBook Reader. As you can see, I have a small collection of e-books within this @@ -7963,7 +7968,7 @@ copy of a button at the bottom called Permissions.
-Picture of an old version of Adobe eBook Reader +
@@ -7971,7 +7976,7 @@ If you click on the Permissions button, you'll see a list of the permissions that the publisher purports to grant with this book.
-List of the permissions that the publisher purports to grant. +
@@ -7990,7 +7995,7 @@ Here's the e-book for another work in the public domain (including the translation): Aristotle's Politics.
-E-book of Aristotle's <quote>Politics</quote> +
@@ -7999,7 +8004,7 @@ at all. But fortunately, you can use the Read Aloud button to hear the book.
-List of the permissions for Aristotle's <quote>Politics</quote>. +
Future of Ideas, The (Lessig) @@ -8011,7 +8016,7 @@ Ideas:
-List of the permissions for <quote>The Future of Ideas</quote>. +
@@ -8096,8 +8101,7 @@ domain. Yet when you clicked on Permissions for that book, you got the following report:
-List of the permissions for <quote>Alice's Adventures in -Wonderland</quote>. +
@@ -8421,8 +8425,10 @@ some uses that were illegal, the court held the companies producing the VCR responsible. -This led Conrad to draw the cartoon below, which we can adopt to -the DMCA. +This led Conrad to draw the cartoon in figure +, which we can adopt to the +DMCA. Conrad, Paul @@ -8445,9 +8451,11 @@ practice or to protect against an intruder. At least some would say that such a use would be good. It, too, is a technology that has both good and bad uses. -
-VCR/handgun cartoon. - +
+— On which item have the courts ruled that manufacturers and +retailers be held responsible for having supplied the +equipment? +
Conrad, Paul @@ -8660,7 +8668,7 @@ owning as many outlets of media as possible. A picture describes this pattern better than a thousand words could do:
-Pattern of modern media ownership. +
@@ -9270,11 +9278,11 @@ lawyer. -PUZZLES +Puzzles -Chimera +Chapter Eleven: Chimera chimeras Wells, H. G. Country of the Blind, The (Wells) @@ -9553,7 +9561,7 @@ and will kill opportunities that could be extraordinarily valuable. -Harms +Chapter Twelve: Harms To fight piracy, to protect property, the content industry has launched a @@ -10971,7 +10979,7 @@ effort through our democracy to change our law? -BALANCES +Balances @@ -11030,7 +11038,7 @@ success will require. -Eldred +Chapter Thirteen: Eldred Eldred, Eric Hawthorne, Nathaniel @@ -12744,13 +12752,14 @@ in a time of such fruitful creative ferment. The best responses were in the cartoons. There was a gaggle of hilarious images—of Mickey in jail and the like. The best, from -my view of the case, was Ruben Bolling's, reproduced in -. The powerful and wealthy line is a bit -unfair. But the punch in the face felt exactly like that. +my view of the case, was Ruben Bolling's, reproduced in figure +. The powerful +and wealthy line is a bit unfair. But the punch in the face +felt exactly like that. Bolling, Ruben
-Tom the Dancing Bug cartoon + Bolling, Ruben
@@ -12766,7 +12775,7 @@ better lawyer would have made them see differently. -Eldred II +Chapter Fourteen: Eldred II The day Eldred was decided, fate would have it that I @@ -13161,8 +13170,8 @@ controlled by this dead (and often unfindable) hand of the past. - -CONCLUSION + +Conclusion Africa, medications for HIV patients in AIDS medications antiretroviral drugs @@ -13966,8 +13975,8 @@ potential is ever to be realized. - -AFTERWORD + +Afterword @@ -13998,7 +14007,7 @@ sketch changes that Congress could make to better secure a free culture.
-US, NOW +Us, now Common sense is with the copyright warriors because the debate so far has been framed at the @@ -14515,7 +14524,7 @@ creativity to spread more easily.
-THEM, SOON +Them, soon We will not reclaim a free culture by individual action alone. It will also take important reforms of @@ -14597,7 +14606,7 @@ developed by others.
-REGISTRATION AND RENEWAL +Registration and renewal Under the old system, a copyright owner had to file a registration with the Copyright Office to register or renew a copyright. When @@ -14646,7 +14655,7 @@ of registrations that would facilitate the licensing of content.
-MARKING +Marking It used to be that the failure to include a copyright notice on a creative work meant that the copyright was forfeited. That was a harsh @@ -15524,8 +15533,8 @@ keep your lawyers away.
- -NOTES + +Notes Throughout this text, there are references to links on the World Wide Web. As anyone who has tried to use the Web knows, these links can be @@ -15540,13 +15549,14 @@ the material. - + - -ACKNOWLEDGMENTS + +Acknowledgments This book is the product of a long and as yet unsuccessful struggle that began when I read of Eric Eldred's war to keep books free. Eldred's @@ -15618,26 +15628,39 @@ grateful for her perpetual patience and love. - + + + Free culture: How big media uses technology and the law to lock down culture and control creativity / Lawrence Lessig. -Copyright © Lawrence Lessig. Some rights reserved. +Copyright © 2004 Lawrence Lessig. Some rights reserved. + + + + + -This version of Free Culture is licensed under -a Creative Commons license. This license permits non-commercial use of -this work, so long as attribution is given. For more information -about the license visit +This book is licensed under a Creative Commons license. This license +permits non-commercial use of this work, so long as attribution is +given. For more information about the license visit http://creativecommons.org/licenses/by-nc/1.0/ + -This digital book was published by Petter Reinholdtsen in 2015. The -original hardcover paper book was published in 2004 by The Penguin -Press. +Published 2015 by Petter Reinholdtsen in his spare time. First +published 2004 by The Penguin Press. Thomas Gramstad Forlag donated +the ISBN numbers. + Excerpt from an editorial titled The Coming of Copyright Perpetuity, The New York Times, January @@ -15645,28 +15668,17 @@ Perpetuity, The New York Times, January with permission. -Cartoon in by Paul -Conrad, copyright Tribune Media Services, Inc. All rights +Cartoon in figure + by +Paul Conrad, copyright Tribune Media Services, Inc. All rights reserved. Reprinted with permission. -Diagram in +Diagram in figure + courtesy of the office of FCC Commissioner, Michael J. Copps. - -The source of this version of the book is written using DocBook -notation and the other formats are derived from the DocBook source. -The DocBook source is based on a DocBook XML version created by Hans -Schou, and extended by Petter Reinholdtsen with formatting and index -references. The source files for this book are available from -. - - - -&translationblock; - - Includes index. @@ -15683,6 +15695,23 @@ Classifications: (Dewey) (ACM CRCS) K.4.1 + + + +The book source is in DocBook notation and the other formats are +derived from this. The source is based on a version from Hans Schou. +Typeset using Crimson Text and formatted using dblatex. Many thanks +to the dblatex developer Benoît Guillon for his help. The source is +available from +. +Please report any problems using the GitHub issue tracker. + + + +&translationblock; + + @@ -15694,33 +15723,24 @@ Classifications: (Dewey) - 978-82-92812-XX-Y - text/plain + 978-82-8067-010-6 + Paper copy from XXX - 978-82-92812-XX-Y + 978-82-8067-011-3 application/pdf - 978-82-92812-XX-Y - text/html - - - 978-82-92812-XX-Y + 978-82-8067-012-0 application/epub+zip - 978-82-92812-XX-Y - application/docbook+xml - - - 978-82-92812-XX-Y + 978-82-8067-013-7 application/x-mobipocket-ebook -