X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/da5fcbfe5dae285e84d7b3421ca22e943e50d785..37addfcced3e81119f00da2110f72c365509f1f6:/freeculture.pot diff --git a/freeculture.pot b/freeculture.pot index f878c15..ef8bd7d 100644 --- a/freeculture.pot +++ b/freeculture.pot @@ -7,7 +7,7 @@ msgid "" msgstr "" "Project-Id-Version: PACKAGE VERSION\n" -"POT-Creation-Date: 2012-07-27 10:16+0300\n" +"POT-Creation-Date: 2012-08-06 11:31+0300\n" "PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n" "Last-Translator: FULL NAME \n" "Language-Team: LANGUAGE \n" @@ -17,336 +17,390 @@ msgstr "" "Content-Transfer-Encoding: 8bit\n" #. type: Content of the copy entity -#: freeculture.xml:13 +#: freeculture.xml:12 msgid "©" msgstr "" #. type: Attribute 'lang' of: -#: freeculture.xml:19 +#: freeculture.xml:18 msgid "en" msgstr "" #. type: Content of: -#: freeculture.xml:21 +#: freeculture.xml:20 msgid "Free Culture" msgstr "" #. type: Content of: <book><bookinfo> -#: freeculture.xml:23 +#: freeculture.xml:22 msgid "<abbrev>\"freeculture\"</abbrev>" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:25 freeculture.xml:116 +#. type: Content of: <book><dedication><para> +#: freeculture.xml:24 freeculture.xml:180 msgid "" "HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN CULTURE AND CONTROL " "CREATIVITY" msgstr "" #. type: Content of: <book><bookinfo> -#: freeculture.xml:28 +#: freeculture.xml:27 msgid "<pubdate>2004-03-25</pubdate>" msgstr "" #. type: Content of: <book><bookinfo><releaseinfo> -#: freeculture.xml:30 +#: freeculture.xml:29 msgid "Version 2004-02-10" msgstr "" #. type: Content of: <book><bookinfo><authorgroup><author><firstname> -#: freeculture.xml:34 +#: freeculture.xml:33 msgid "Lawrence" msgstr "" #. type: Content of: <book><bookinfo><authorgroup><author><surname> -#: freeculture.xml:35 +#: freeculture.xml:34 msgid "Lessig" msgstr "" +#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm> +#: freeculture.xml:43 +msgid "Intellectual property—United States." +msgstr "" + +#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm> +#: freeculture.xml:46 +msgid "Mass media—United States." +msgstr "" + +#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm> +#: freeculture.xml:49 +msgid "Technological innovations—United States." +msgstr "" + +#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm> +#: freeculture.xml:52 +msgid "Art—United States." +msgstr "" + +#. type: Content of: <book><bookinfo><publisher><address> +#: freeculture.xml:59 +#, no-wrap +msgid "<city>New York</city>" +msgstr "" + #. type: Content of: <book><bookinfo> -#: freeculture.xml:39 -msgid "<copyright> <year>2004</year> <holder>Lawrence Lessig</holder> </copyright>" +#: freeculture.xml:57 +msgid "" +"<publisher> <publishername>The Penguin Press</publishername> <placeholder " +"type=\"address\" id=\"0\"/> </publisher> <copyright> <year>2004</year> " +"<holder>Lawrence Lessig</holder> </copyright>" +msgstr "" + +#. type: Content of: <book><bookinfo><legalnotice><para><inlinemediaobject> +#: freeculture.xml:69 +msgid "" +"<imageobject> <imagedata fileref=\"images/cc.png\" contentdepth=\"3em\" " +"width=\"100%\" align=\"center\"/> </imageobject> <imageobject> <imagedata " +"fileref=\"images/cc.svg\" contentdepth=\"3em\" width=\"100%\" " +"align=\"center\"/> </imageobject>" +msgstr "" + +#. type: Content of: <book><bookinfo><legalnotice><para><inlinemediaobject><textobject><phrase> +#: freeculture.xml:76 +msgid "Creative Commons, Some rights reserved" msgstr "" #. type: Content of: <book><bookinfo><legalnotice><para> -#: freeculture.xml:46 +#: freeculture.xml:68 +msgid "<placeholder type=\"inlinemediaobject\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><bookinfo><legalnotice><para> +#: freeculture.xml:82 msgid "" -"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 <ulink " +"This version of <citetitle>Free Culture</citetitle> 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 <ulink " "url=\"http://creativecommons.org/licenses/by-nc/1.0/\">http://creativecommons.org/licenses/by-nc/1.0/</ulink>" msgstr "" #. type: Content of: <book><bookinfo><abstract><title> -#: freeculture.xml:55 +#: freeculture.xml:91 msgid "ABOUT THE AUTHOR" msgstr "" #. type: Content of: <book><bookinfo><abstract><para> -#: freeculture.xml:57 +#: freeculture.xml:93 msgid "" "LAWRENCE LESSIG (<ulink " -"url=\"http://www.lessig.org/\">http://www.lessig.org</ulink>), professor of " +"url=\"http://www.lessig.org\">http://www.lessig.org</ulink>), professor of " "law and a John A. Wilson Distinguished Faculty Scholar at Stanford Law " "School, is founder of the Stanford Center for Internet and Society and is " "chairman of the Creative Commons (<ulink " -"url=\"http://creativecommons.org/\">http://creativecommons.org</ulink>). " -"The author of The Future of Ideas (Random House, 2001) and Code: And Other " -"Laws of Cyberspace (Basic Books, 1999), Lessig is a member of the boards of " -"the Public Library of Science, the Electronic Frontier Foundation, and " -"Public Knowledge. He was the winner of the Free Software Foundation's Award " -"for the Advancement of Free Software, twice listed in BusinessWeek's \"e.biz " -"25,\" and named one of Scientific American's \"50 visionaries.\" A graduate " -"of the University of Pennsylvania, Cambridge University, and Yale Law " -"School, Lessig clerked for Judge Richard Posner of the U.S. Seventh Circuit " -"Court of Appeals." +"url=\"http://creativecommons.org\">http://creativecommons.org</ulink>). The " +"author of The Future of Ideas (Random House, 2001) and Code: And Other Laws " +"of Cyberspace (Basic Books, 1999), Lessig is a member of the boards of the " +"Public Library of Science, the Electronic Frontier Foundation, and Public " +"Knowledge. He was the winner of the Free Software Foundation's Award for the " +"Advancement of Free Software, twice listed in BusinessWeek's \"e.biz 25,\" " +"and named one of Scientific American's \"50 visionaries.\" A graduate of the " +"University of Pennsylvania, Cambridge University, and Yale Law School, " +"Lessig clerked for Judge Richard Posner of the U.S. Seventh Circuit Court of " +"Appeals." +msgstr "" + +#. testing different ways to tag the cover page +# +#. <imageobject remap="s" role="front"> +# +#. <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" /> +#. </imageobject> +#. <imageobject remap="xs" role="front-small"> +#. <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" /> +#. </imageobject> +#. <imageobject remap="cs" role="thumbnail"> +#. <imagedata fileref="images/cover_thumbnail.png" format="PNG" width="444" /> +#. </imageobject> +# +#. type: Content of: <book><bookinfo><mediaobject> +#: freeculture.xml:114 +msgid "" +"<imageobject remap=\"lrg\" role=\"front-large\"> <imagedata " +"fileref=\"images/cover.png\" format=\"PNG\" width=\"444\" /> </imageobject>" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:81 +#. LCCN from +#. http://catalog.loc.gov/cgi-bin/Pwebrecon.cgi?v3=1&DB=local&CMD=010a+2003063276&CNT=10+records+per+page +#. +#. type: Content of: <book><bookinfo> +#: freeculture.xml:112 +msgid "" +" <placeholder type=\"mediaobject\" id=\"0\"/> <biblioid " +"class=\"isbn\">1-59420-006-8</biblioid> <biblioid " +"class=\"libraryofcongress\">2003063276</biblioid>" +msgstr "" + +#. type: Content of: <book><dedication><para> +#: freeculture.xml:142 msgid "You can buy a copy of this book by clicking on one of the links below:" msgstr "" -#. type: Content of: <book><colophon><itemizedlist><listitem><para> -#: freeculture.xml:84 +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:145 msgid "<ulink url=\"http://www.amazon.com/\">Amazon</ulink>" msgstr "" -#. type: Content of: <book><colophon><itemizedlist><listitem><para> -#: freeculture.xml:85 +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:146 msgid "<ulink url=\"http://www.barnesandnoble.com/\">B&N</ulink>" msgstr "" -#. type: Content of: <book><colophon><itemizedlist><listitem><para> -#: freeculture.xml:86 +#. type: Content of: <book><dedication><itemizedlist><listitem><para> +#: freeculture.xml:147 msgid "<ulink url=\"http://www.penguin.com/\">Penguin</ulink>" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:93 +#. type: Content of: <book><dedication><para> +#: freeculture.xml:156 msgid "ALSO BY LAWRENCE LESSIG" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:96 +#. type: Content of: <book><dedication><para> +#: freeculture.xml:159 msgid "The Future of Ideas: The Fate of the Commons in a Connected World" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:99 +#. type: Content of: <book><dedication><para> +#: freeculture.xml:162 msgid "Code: And Other Laws of Cyberspace" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:104 freeculture.xml:127 -msgid "THE PENGUIN PRESS" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:107 -msgid "NEW YORK" +#. type: Content of: <book><dedication><para> +#: freeculture.xml:169 +msgid "THE PENGUIN PRESS, NEW YORK" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:112 +#. type: Content of: <book><dedication><para> +#: freeculture.xml:176 msgid "FREE CULTURE" msgstr "" -#. type: Content of: <book><colophon><para> -#: freeculture.xml:122 +#. type: Content of: <book><dedication><para> +#: freeculture.xml:186 msgid "LAWRENCE LESSIG" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:130 -msgid "a member of Penguin Group (USA) Inc. 375 Hudson Street New York, New York" -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:134 -msgid "Copyright © Lawrence Lessig," +#: freeculture.xml:192 +msgid "" +"THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street " +"New York, New York" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:137 -msgid "All rights reserved" +#: freeculture.xml:196 +msgid "Copyright © Lawrence Lessig. All rights reserved." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:140 +#: freeculture.xml:199 msgid "" -"Excerpt from an editorial titled \"The Coming of Copyright Perpetuity,\" The " -"New York Times, January 16, 2003. Copyright © 2003 by The New York " -"Times Co. Reprinted with permission." +"Excerpt from an editorial titled \"The Coming of Copyright Perpetuity,\" " +"<citetitle>The New York Times</citetitle>, January 16, 2003. Copyright " +"© 2003 by The New York Times Co. Reprinted with permission." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:145 +#: freeculture.xml:204 msgid "" -"Cartoon by Paul Conrad on page <xref xrefstyle=\"select: pagenumber\" " -"linkend=\"fig-1711\"/> (<xref linkend=\"fig-1711\"/>). Copyright Tribune " -"Media Services, Inc." +"Cartoon in <xref linkend=\"fig-1711\"/> by Paul Conrad, copyright Tribune " +"Media Services, Inc. All rights reserved. Reprinted with permission." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:150 -msgid "All rights reserved. Reprinted with permission." -msgstr "" - -#. type: Content of: <book><colophon><para> -#: freeculture.xml:153 +#: freeculture.xml:208 msgid "" -"Diagram on page <xref xrefstyle=\"select: pagenumber\" " -"linkend=\"fig-1761\"/> (<xref linkend=\"fig-1761\"/>) courtesy of the office " -"of FCC Commissioner, Michael J. Copps." +"Diagram in <xref linkend=\"fig-1761\"/> courtesy of the office of FCC " +"Commissioner, Michael J. Copps." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:158 +#: freeculture.xml:212 msgid "Library of Congress Cataloging-in-Publication Data" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:161 +#: freeculture.xml:215 msgid "" "Lessig, Lawrence. Free culture : how big media uses technology and the law " "to lock down culture and control creativity / Lawrence Lessig." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:166 +#: freeculture.xml:220 msgid "p. cm." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:169 +#: freeculture.xml:223 msgid "Includes index." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:172 +#: freeculture.xml:226 msgid "ISBN 1-59420-006-8 (hardcover)" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:175 +#: freeculture.xml:230 msgid "" "1. Intellectual property—United States. 2. Mass media—United " "States." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:178 +#: freeculture.xml:233 msgid "" "3. Technological innovations—United States. 4. Art—United " "States. I. Title." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:181 +#: freeculture.xml:236 msgid "KF2979.L47" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:184 +#: freeculture.xml:239 msgid "343.7309'9—dc22" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:187 +#: freeculture.xml:242 msgid "This book is printed on acid-free paper." msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:190 +#: freeculture.xml:245 msgid "Printed in the United States of America" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:193 +#: freeculture.xml:248 msgid "1 3 5 7 9 10 8 6 4" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:196 +#: freeculture.xml:251 msgid "Designed by Marysarah Quinn" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:200 +#: freeculture.xml:255 msgid "&translationblock;" msgstr "" #. type: Content of: <book><colophon><para> -#: freeculture.xml:204 +#: freeculture.xml:259 msgid "" "Without limiting the rights under copyright reserved above, no part of this " "publication may be reproduced, stored in or introduced into a retrieval " "system, or transmitted, in any form or by any means (electronic, mechanical, " "photocopying, recording or otherwise), without the prior written permission " -"of both the copyright owner and the above publisher of this book. The " -"scanning, uploading, and distribution of this book via the Internet or via " -"any other means without the permission of the publisher is illegal and " +"of both the copyright owner and the above publisher of this book." +msgstr "" + +#. type: Content of: <book><colophon><para> +#: freeculture.xml:267 +msgid "" +"The scanning, uploading, and distribution of this book via the Internet or " +"via any other means without the permission of the publisher is illegal and " "punishable by law. Please purchase only authorized electronic editions and " "do not participate in or encourage electronic piracy of copyrighted " "materials. Your support of the author's rights is appreciated." msgstr "" #. type: Content of: <book><dedication><para> -#: freeculture.xml:221 +#: freeculture.xml:279 msgid "" "To Eric Eldred—whose work first drew me to this cause, and for whom it " "continues still." msgstr "" -#. type: Content of: <book><dedication><para><figure><title> -#: freeculture.xml:227 -msgid "Creative Commons, Some rights reserved" -msgstr "" - -#. type: Content of: <book><dedication><para><figure> -#: freeculture.xml:228 -msgid "<graphic fileref=\"images/cc.png\"></graphic>" -msgstr "" - -#. type: Content of: <book><dedication><para> -#: freeculture.xml:226 -msgid "<placeholder type=\"figure\" id=\"0\"/>" -msgstr "" - #. type: Content of: <book><lot><title> -#: freeculture.xml:236 +#: freeculture.xml:287 msgid "List of figures" msgstr "" #. type: Content of: <book><preface><title> -#: freeculture.xml:298 +#: freeculture.xml:349 msgid "PREFACE" msgstr "" #. type: Content of: <book><preface><indexterm><primary> -#: freeculture.xml:300 +#: freeculture.xml:351 msgid "Pogue, David" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:303 +#: freeculture.xml:354 msgid "" -"At the end of his review of my first book, Code: And Other Laws of " -"Cyberspace, David Pogue, a brilliant writer and author of countless " -"technical and computer-related texts, wrote this:" +"At the end of his review of my first book, <citetitle>Code: And Other Laws " +"of Cyberspace</citetitle>, David Pogue, a brilliant writer and author of " +"countless technical and computer-related texts, wrote this:" msgstr "" #. type: Content of: <book><preface><blockquote><para><footnote><para> -#: freeculture.xml:313 +#: freeculture.xml:364 msgid "" -"David Pogue, \"Don't Just Chat, Do Something,\" New York Times, 30 January " -"2000." +"David Pogue, \"Don't Just Chat, Do Something,\" <citetitle>New York " +"Times</citetitle>, 30 January 2000." msgstr "" #. type: Content of: <book><preface><blockquote><para> -#: freeculture.xml:309 +#: freeculture.xml:360 msgid "" "Unlike actual law, Internet software has no capacity to punish. It doesn't " "affect people who aren't online (and only a tiny minority of the world " @@ -355,46 +409,47 @@ msgid "" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:318 +#: freeculture.xml:369 msgid "" "Pogue was skeptical of the core argument of the book—that software, or " "\"code,\" functioned as a kind of law—and his review suggested the " "happy thought that if life in cyberspace got bad, we could always \"drizzle, " "drazzle, druzzle, drome\"-like simply flip a switch and be back home. Turn " -"off the modem, unplug the computer, and any troubles that exist in that " -"space wouldn't \"affect\" us anymore." +"off the modem, unplug the computer, and any troubles that exist in " +"<emphasis>that</emphasis> space wouldn't \"affect\" us anymore." msgstr "" #. PAGE BREAK 12 #. type: Content of: <book><preface><para> -#: freeculture.xml:326 +#: freeculture.xml:378 msgid "" "Pogue might have been right in 1999—I'm skeptical, but maybe. But " -"even if he was right then, the point is not right now: Free Culture is about " -"the troubles the Internet causes even after the modem is turned off. It is " -"an argument about how the battles that now rage regarding life on-line have " -"fundamentally affected \"people who aren't online.\" There is no switch that " -"will insulate us from the Internet's effect." +"even if he was right then, the point is not right now: <citetitle>Free " +"Culture</citetitle> is about the troubles the Internet causes even after the " +"modem is turned off. It is an argument about how the battles that now rage " +"regarding life on-line have fundamentally affected \"people who aren't " +"online.\" There is no switch that will insulate us from the Internet's " +"effect." msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:336 +#: freeculture.xml:389 msgid "" -"But unlike Code, the argument here is not much about the Internet itself. It " -"is instead about the consequence of the Internet to a part of our tradition " -"that is much more fundamental, and, as hard as this is for a geek-wanna-be " -"to admit, much more important." +"But unlike <citetitle>Code</citetitle>, the argument here is not much about " +"the Internet itself. It is instead about the consequence of the Internet to " +"a part of our tradition that is much more fundamental, and, as hard as this " +"is for a geek-wanna-be to admit, much more important." msgstr "" #. type: Content of: <book><preface><para><footnote><para> -#: freeculture.xml:347 +#: freeculture.xml:401 msgid "" -"Richard M. Stallman, Free Software, Free Societies 57 (Joshua Gay, " -"ed. 2002)." +"Richard M. Stallman, <citetitle>Free Software, Free Societies</citetitle> 57 " +"(Joshua Gay, ed. 2002)." msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:342 +#: freeculture.xml:396 msgid "" "That tradition is the way our culture gets made. As I explain in the pages " "that follow, we come from a tradition of \"free culture\"—not \"free\" " @@ -404,16 +459,16 @@ msgid "" "\"free will,\" and \"free elections.\" A free culture supports and protects " "creators and innovators. It does this directly by granting intellectual " "property rights. But it does so indirectly by limiting the reach of those " -"rights, to guarantee that follow-on creators and innovators remain as free " -"as possible from the control of the past. A free culture is not a culture " -"without property, just as a free market is not a market in which everything " -"is free. The opposite of a free culture is a \"permission culture\"—a " -"culture in which creators get to create only with the permission of the " -"powerful, or of creators from the past." +"rights, to guarantee that follow-on creators and innovators remain " +"<emphasis>as free as possible</emphasis> from the control of the past. A " +"free culture is not a culture without property, just as a free market is not " +"a market in which everything is free. The opposite of a free culture is a " +"\"permission culture\"—a culture in which creators get to create only " +"with the permission of the powerful, or of creators from the past." msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:361 +#: freeculture.xml:416 msgid "" "If we understood this change, I believe we would resist it. Not \"we\" on " "the Left or \"you\" on the Right, but we who have no stake in the particular " @@ -424,17 +479,17 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:369 freeculture.xml:12716 +#: freeculture.xml:424 freeculture.xml:12824 msgid "CodePink Women in Peace" msgstr "" #. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:380 freeculture.xml:390 freeculture.xml:12729 +#: freeculture.xml:435 freeculture.xml:445 freeculture.xml:12837 msgid "Safire, William" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:371 +#: freeculture.xml:426 msgid "" "We saw a glimpse of this bipartisan outrage in the early summer of 2003. As " "the FCC considered changes in media ownership rules that would relax limits " @@ -448,14 +503,14 @@ msgid "" msgstr "" #. type: Content of: <book><preface><blockquote><para><footnote><para> -#: freeculture.xml:388 +#: freeculture.xml:443 msgid "" -"William Safire, \"The Great Media Gulp,\" New York Times, 22 May 2003. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"William Safire, \"The Great Media Gulp,\" <citetitle>New York " +"Times</citetitle>, 22 May 2003. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><preface><blockquote><para> -#: freeculture.xml:384 +#: freeculture.xml:439 msgid "" "Does that sound unconservative? Not to me. The concentration of " "power—political, corporate, media, cultural—should be anathema " @@ -465,26 +520,27 @@ msgid "" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:395 -msgid "" -"This idea is an element of the argument of Free Culture, though my focus is " -"not just on the concentration of power produced by concentrations in " -"ownership, but more importantly, if because less visibly, on the " -"concentration of power produced by a radical change in the effective scope " -"of the law. The law is changing; that change is altering the way our culture " -"gets made; that change should worry you—whether or not you care about " -"the Internet, and whether you're on Safire's left or on his right. The " -"inspiration for the title and for much of the argument of this book comes " -"from the work of Richard Stallman and the Free Software Foundation. Indeed, " -"as I reread Stallman's own work, especially the essays in Free Software, " -"Free Society, I realize that all of the theoretical insights I develop here " -"are insights Stallman described decades ago. One could thus well argue that " -"this work is \"merely\" derivative." +#: freeculture.xml:450 +msgid "" +"This idea is an element of the argument of <citetitle>Free " +"Culture</citetitle>, though my focus is not just on the concentration of " +"power produced by concentrations in ownership, but more importantly, if " +"because less visibly, on the concentration of power produced by a radical " +"change in the effective scope of the law. The law is changing; that change " +"is altering the way our culture gets made; that change should worry " +"you—whether or not you care about the Internet, and whether you're on " +"Safire's left or on his right. The inspiration for the title and for much " +"of the argument of this book comes from the work of Richard Stallman and the " +"Free Software Foundation. Indeed, as I reread Stallman's own work, " +"especially the essays in <citetitle>Free Software, Free Society</citetitle>, " +"I realize that all of the theoretical insights I develop here are insights " +"Stallman described decades ago. One could thus well argue that this work is " +"\"merely\" derivative." msgstr "" #. PAGE BREAK 14 #. type: Content of: <book><preface><para> -#: freeculture.xml:411 +#: freeculture.xml:466 msgid "" "I accept that criticism, if indeed it is a criticism. The work of a lawyer " "is always derivative, and I mean to do nothing more in this book than to " @@ -502,7 +558,7 @@ msgid "" msgstr "" #. type: Content of: <book><preface><para> -#: freeculture.xml:429 +#: freeculture.xml:484 msgid "" "Instead, the free culture that I defend in this book is a balance between " "anarchy and control. A free culture, like a free market, is filled with " @@ -514,12 +570,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:444 +#: freeculture.xml:499 msgid "INTRODUCTION" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:446 +#: freeculture.xml:501 msgid "" "On December 17, 1903, on a windy North Carolina beach for just shy of one " "hundred seconds, the Wright brothers demonstrated that a heavier-than-air, " @@ -530,14 +586,14 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:458 +#: freeculture.xml:513 msgid "" -"St. George Tucker, Blackstone's Commentaries 3 (South Hackensack, N.J.: " -"Rothman Reprints, 1969), 18." +"St. George Tucker, <citetitle>Blackstone's Commentaries</citetitle> 3 (South " +"Hackensack, N.J.: Rothman Reprints, 1969), 18." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:454 +#: freeculture.xml:509 msgid "" "At the time the Wright brothers invented the airplane, American law held " "that a property owner presumptively owned not just the surface of his land, " @@ -550,7 +606,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:467 +#: freeculture.xml:522 msgid "" "Then came airplanes, and for the first time, this principle of American " "law—deep within the foundations of our tradition, and acknowledged by " @@ -562,17 +618,17 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:475 freeculture.xml:488 freeculture.xml:519 freeculture.xml:538 freeculture.xml:938 freeculture.xml:955 freeculture.xml:1000 freeculture.xml:8757 freeculture.xml:12117 freeculture.xml:12820 +#: freeculture.xml:530 freeculture.xml:543 freeculture.xml:574 freeculture.xml:593 freeculture.xml:996 freeculture.xml:1013 freeculture.xml:1059 freeculture.xml:8836 freeculture.xml:12220 freeculture.xml:12928 msgid "Causby, Thomas Lee" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:476 freeculture.xml:489 freeculture.xml:520 freeculture.xml:539 freeculture.xml:939 freeculture.xml:956 freeculture.xml:1001 freeculture.xml:8758 freeculture.xml:12118 freeculture.xml:12821 +#: freeculture.xml:531 freeculture.xml:544 freeculture.xml:575 freeculture.xml:594 freeculture.xml:997 freeculture.xml:1014 freeculture.xml:1060 freeculture.xml:8837 freeculture.xml:12221 freeculture.xml:12929 msgid "Causby, Tinie" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:478 +#: freeculture.xml:533 msgid "" "In 1945, these questions became a federal case. When North Carolina farmers " "Thomas Lee and Tinie Causby started losing chickens because of low-flying " @@ -586,7 +642,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:491 +#: freeculture.xml:546 msgid "" "The Supreme Court agreed to hear the Causbys' case. Congress had declared " "the airways public, but if one's property really extended to the heavens, " @@ -599,20 +655,21 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:511 +#: freeculture.xml:566 msgid "" "United States v. Causby, U.S. 328 (1946): 256, 261. The Court did find that " "there could be a \"taking\" if the government's use of its land effectively " "destroyed the value of the Causbys' land. This example was suggested to me " "by Keith Aoki's wonderful piece, \"(Intellectual) Property and Sovereignty: " -"Notes Toward a Cultural Geography of Authorship,\" Stanford Law Review 48 " -"(1996): 1293, 1333. See also Paul Goldstein, Real Property (Mineola, N.Y.: " -"Foundation Press, 1984), 1112–13. <placeholder type=\"indexterm\" " -"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"Notes Toward a Cultural Geography of Authorship,\" <citetitle>Stanford Law " +"Review</citetitle> 48 (1996): 1293, 1333. See also Paul Goldstein, " +"<citetitle>Real Property</citetitle> (Mineola, N.Y.: Foundation Press, " +"1984), 1112–13. <placeholder type=\"indexterm\" id=\"0\"/> " +"<placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:502 +#: freeculture.xml:557 msgid "" "[The] doctrine has no place in the modern world. The air is a public " "highway, as Congress has declared. Were that not true, every " @@ -625,13 +682,13 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:525 +#: freeculture.xml:580 msgid "\"Common sense revolts at the idea.\"" msgstr "" #. PAGE BREAK 18 #. type: Content of: <book><chapter><para> -#: freeculture.xml:528 +#: freeculture.xml:583 msgid "" "This is how the law usually works. Not often this abruptly or impatiently, " "but eventually, this is how it works. It was Douglas's style not to " @@ -644,7 +701,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:541 +#: freeculture.xml:596 msgid "" "Or at least, this is how things happen when there's no one powerful on the " "other side of the change. The Causbys were just farmers. And though there " @@ -664,22 +721,22 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:570 +#: freeculture.xml:625 msgid "Bell, Alexander Graham" msgstr "" #. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:571 +#: freeculture.xml:626 msgid "Edison, Thomas" msgstr "" #. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:572 +#: freeculture.xml:627 msgid "Faraday, Michael" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:559 +#: freeculture.xml:614 msgid "" "Edwin Howard Armstrong is one of America's forgotten inventor geniuses. He " "came to the great American inventor scene just after the titans Thomas " @@ -695,7 +752,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:575 +#: freeculture.xml:630 msgid "" "On the day after Christmas, 1933, four patents were issued to Armstrong for " "his most significant invention—FM radio. Until then, consumer radio " @@ -707,7 +764,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:585 +#: freeculture.xml:640 msgid "" "On November 5, 1935, he demonstrated the technology at a meeting of the " "Institute of Radio Engineers at the Empire State Building in New York " @@ -720,32 +777,32 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:596 +#: freeculture.xml:651 msgid "The audience was hearing something no one had thought possible:" msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:607 +#: freeculture.xml:662 msgid "" -"Lawrence Lessing, Man of High Fidelity: Edwin Howard Armstrong " -"(Philadelphia: J. B. Lipincott Company, 1956), 209." +"Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard " +"Armstrong</citetitle> (Philadelphia: J. B. Lipincott Company, 1956), 209." msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:600 +#: freeculture.xml:655 msgid "" "A glass of water was poured before the microphone in Yonkers; it sounded " -"like a glass of water being poured. . . . A paper was crumpled and torn; it " -"sounded like paper and not like a crackling forest fire. . . . Sousa marches " -"were played from records and a piano solo and guitar number were " -"performed. . . . The music was projected with a live-ness rarely if ever " +"like a glass of water being poured. … A paper was crumpled and torn; " +"it sounded like paper and not like a crackling forest fire. … Sousa " +"marches were played from records and a piano solo and guitar number were " +"performed. … The music was projected with a live-ness rarely if ever " "heard before from a radio \"music box.\"<placeholder type=\"footnote\" " "id=\"0\"/>" msgstr "" #. PAGE BREAK 20 #. type: Content of: <book><chapter><para> -#: freeculture.xml:613 +#: freeculture.xml:668 msgid "" "As our own common sense tells us, Armstrong had discovered a vastly superior " "radio technology. But at the time of his invention, Armstrong was working " @@ -756,12 +813,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:627 freeculture.xml:647 +#: freeculture.xml:682 freeculture.xml:702 msgid "Sarnoff, David" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:622 +#: freeculture.xml:677 msgid "" "RCA's president, David Sarnoff, a friend of Armstrong's, was eager that " "Armstrong discover a way to remove static from AM radio. So Sarnoff was " @@ -771,7 +828,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:634 +#: freeculture.xml:689 msgid "" "See \"Saints: The Heroes and Geniuses of the Electronic Era,\" First " "Electronic Church of America, at www.webstationone.com/fecha, available at " @@ -779,7 +836,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:631 +#: freeculture.xml:686 msgid "" "I thought Armstrong would invent some kind of a filter to remove static from " "our AM radio. I didn't think he'd start a revolution— start up a whole " @@ -788,7 +845,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:643 +#: freeculture.xml:698 msgid "" "Armstrong's invention threatened RCA's AM empire, so the company launched a " "campaign to smother FM radio. While FM may have been a superior technology, " @@ -797,23 +854,23 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:656 +#: freeculture.xml:711 msgid "Lessing, 226." msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:651 +#: freeculture.xml:706 msgid "" "The forces for FM, largely engineering, could not overcome the weight of " "strategy devised by the sales, patent, and legal offices to subdue this " "threat to corporate position. For FM, if allowed to develop unrestrained, " -"posed . . . a complete reordering of radio power . . . and the eventual " -"overthrow of the carefully restricted AM system on which RCA had grown to " -"power.<placeholder type=\"footnote\" id=\"0\"/>" +"posed … a complete reordering of radio power … and the " +"eventual overthrow of the carefully restricted AM system on which RCA had " +"grown to power.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:661 +#: freeculture.xml:716 msgid "" "RCA at first kept the technology in house, insisting that further tests were " "needed. When, after two years of testing, Armstrong grew impatient, RCA " @@ -829,12 +886,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:680 +#: freeculture.xml:735 msgid "Lessing, 256." msgstr "" #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:676 +#: freeculture.xml:731 msgid "" "The series of body blows that FM radio received right after the war, in a " "series of rulings manipulated through the FCC by the big radio interests, " @@ -843,12 +900,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:684 +#: freeculture.xml:739 msgid "AT&T" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:686 +#: freeculture.xml:741 msgid "" "To make room in the spectrum for RCA's latest gamble, television, FM radio " "users were to be moved to a totally new spectrum band. The power of FM radio " @@ -860,7 +917,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:696 +#: freeculture.xml:751 msgid "" "Armstrong resisted RCA's efforts. In response, RCA resisted Armstrong's " "patents. After incorporating FM technology into the emerging standard for " @@ -875,7 +932,7 @@ msgstr "" #. PAGE BREAK 22 #. type: Content of: <book><chapter><para> -#: freeculture.xml:708 +#: freeculture.xml:763 msgid "" "This is how the law sometimes works. Not often this tragically, and rarely " "with heroic drama, but sometimes, this is how it works. From the beginning, " @@ -891,7 +948,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:730 +#: freeculture.xml:785 msgid "" "Amanda Lenhart, \"The Ever-Shifting Internet Population: A New Look at " "Internet Access and the Digital Divide,\" Pew Internet and American Life " @@ -900,7 +957,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:724 +#: freeculture.xml:779 msgid "" "There's no single inventor of the Internet. Nor is there any good date upon " "which to mark its birth. Yet in a very short time, the Internet has become " @@ -911,7 +968,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:739 +#: freeculture.xml:794 msgid "" "As the Internet has been integrated into ordinary life, it has changed " "things. Some of these changes are technical—the Internet has made " @@ -925,7 +982,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:750 +#: freeculture.xml:805 msgid "" "Instead, this book is about an effect of the Internet beyond the Internet " "itself: an effect upon how culture is made. My claim is that the Internet " @@ -935,9 +992,18 @@ msgid "" "don't even see the change that the Internet has introduced." msgstr "" -#. PAGE BREAK 23 +#. type: Content of: <book><chapter><para><indexterm><primary> +#: freeculture.xml:824 +msgid "Barlow, Joel" +msgstr "" + +#. type: Content of: <book><chapter><para><indexterm><primary> +#: freeculture.xml:825 +msgid "Webster, Noah" +msgstr "" + #. type: Content of: <book><chapter><para> -#: freeculture.xml:759 +#: freeculture.xml:814 msgid "" "We can glimpse a sense of this change by distinguishing between commercial " "and noncommercial culture, and by mapping the law's regulation of each. By " @@ -946,11 +1012,12 @@ msgid "" "rest. When old men sat around parks or on street corners telling stories " "that kids and others consumed, that was noncommercial culture. When Noah " "Webster published his \"Reader,\" or Joel Barlow his poetry, that was " -"commercial culture." +"commercial culture. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:771 +#: freeculture.xml:828 msgid "" "At the beginning of our history, and for just about the whole of our " "tradition, noncommercial culture was essentially unregulated. Of course, if " @@ -963,13 +1030,13 @@ msgid "" "alone by the law." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary> -#: freeculture.xml:796 freeculture.xml:1798 freeculture.xml:1809 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:853 freeculture.xml:1873 freeculture.xml:1884 msgid "Brandeis, Louis D." msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:788 +#: freeculture.xml:845 msgid "" "This is not the only purpose of copyright, though it is the overwhelmingly " "primary purpose of the copyright established in the federal constitution. " @@ -982,7 +1049,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:782 +#: freeculture.xml:839 msgid "" "The focus of the law was on commercial creativity. At first slightly, then " "quite extensively, the law protected the incentives of creators by granting " @@ -994,15 +1061,20 @@ msgid "" "a controlled part, balanced with the free." msgstr "" +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:865 freeculture.xml:9376 +msgid "Litman, Jessica" +msgstr "" + #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:806 +#: freeculture.xml:863 msgid "" -"See Jessica Litman, Digital Copyright (New York: Prometheus Books, 2001), " -"ch. 13." +"See Jessica Litman, <citetitle>Digital Copyright</citetitle> (New York: " +"Prometheus Books, 2001), ch. 13. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:804 +#: freeculture.xml:861 msgid "" "This rough divide between the free and the controlled has now been " "erased.<placeholder type=\"footnote\" id=\"0\"/> The Internet has set the " @@ -1018,7 +1090,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:822 +#: freeculture.xml:880 msgid "" "This change gets justified as necessary to protect commercial creativity. " "And indeed, protectionism is precisely its motivation. But the protectionism " @@ -1032,7 +1104,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:835 +#: freeculture.xml:893 msgid "" "For the Internet has unleashed an extraordinary possibility for many to " "participate in the process of building and cultivating a culture that " @@ -1053,7 +1125,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:854 +#: freeculture.xml:912 msgid "" "Yet, as I argue in the pages that follow, that is precisely what is " "happening in our culture today. These modern-day equivalents of the early " @@ -1064,15 +1136,15 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:871 +#: freeculture.xml:929 msgid "" "Amy Harmon, \"Black Hawk Download: Moving Beyond Music, Pirates Use New " -"Tools to Turn the Net into an Illicit Video Club,\" New York Times, 17 " -"January 2002." +"Tools to Turn the Net into an Illicit Video Club,\" <citetitle>New York " +"Times</citetitle>, 17 January 2002." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:863 +#: freeculture.xml:921 msgid "" "It doesn't seem this way to many. The battles over copyright and the " "Internet seem remote to most. To the few who follow them, they seem mainly " @@ -1087,7 +1159,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:880 +#: freeculture.xml:938 msgid "" "If those really were the choices, then I would be with Jack Valenti and the " "content industry. I, too, am a believer in property, and especially in the " @@ -1097,7 +1169,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:888 +#: freeculture.xml:946 msgid "" "But those simple beliefs mask a much more fundamental question and a much " "more dramatic change. My fear is that unless we come to see this change, the " @@ -1105,20 +1177,21 @@ msgid "" "values that have been integral to our tradition from the start." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:902 freeculture.xml:14059 +#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:960 freeculture.xml:14197 msgid "Netanel, Neil Weinstock" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:900 +#: freeculture.xml:958 msgid "" -"Neil W. Netanel, \"Copyright and a Democratic Civil Society,\" Yale Law " -"Journal 106 (1996): 283. <placeholder type=\"indexterm\" id=\"0\"/>" +"Neil W. Netanel, \"Copyright and a Democratic Civil Society,\" " +"<citetitle>Yale Law Journal</citetitle> 106 (1996): 283. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:894 +#: freeculture.xml:952 msgid "" "These values built a tradition that, for at least the first 180 years of our " "Republic, guaranteed creators the right to build freely upon their past, and " @@ -1132,7 +1205,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:910 +#: freeculture.xml:968 msgid "" "Yet the law's response to the Internet, when tied to changes in the " "technology of the Internet itself, has massively increased the effective " @@ -1145,7 +1218,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:922 +#: freeculture.xml:980 msgid "" "The story that follows is about this war. Is it not about the \"centrality " "of technology\" to ordinary life. I don't believe in gods, digital or " @@ -1155,7 +1228,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:930 +#: freeculture.xml:988 msgid "" "It is instead an effort to understand a hopelessly destructive war inspired " "by the technologies of the Internet but reaching far beyond its code. And by " @@ -1167,7 +1240,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:941 +#: freeculture.xml:999 msgid "" "Like the Causbys' battle, this war is, in part, about \"property.\" The " "property of this war is not as tangible as the Causbys', and no innocent " @@ -1185,7 +1258,7 @@ msgstr "" #. PAGE BREAK 27 #. type: Content of: <book><chapter><para> -#: freeculture.xml:958 +#: freeculture.xml:1016 msgid "" "And thus, when geeks and technologists defend their Armstrong or Wright " "brothers technology, most of us are simply unsympathetic. Common sense does " @@ -1195,19 +1268,20 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:968 +#: freeculture.xml:1026 msgid "" "My hope is to push this common sense along. I have become increasingly " "amazed by the power of this idea of intellectual property and, more " "importantly, its power to disable critical thought by policy makers and " "citizens. There has never been a time in our history when more of our " "\"culture\" was as \"owned\" as it is now. And yet there has never been a " -"time when the concentration of power to control the uses of culture has been " -"as unquestioningly accepted as it is now." +"time when the concentration of power to control the " +"<emphasis>uses</emphasis> of culture has been as unquestioningly accepted as " +"it is now." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:977 +#: freeculture.xml:1036 msgid "" "The puzzle is, Why? Is it because we have come to understand a truth about " "the value and importance of absolute property over ideas and culture? Is it " @@ -1216,14 +1290,14 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:983 +#: freeculture.xml:1042 msgid "" "Or is it because the idea of absolute property over ideas and culture " "benefits the RCAs of our time and fits our own unreflective intuitions?" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:987 +#: freeculture.xml:1046 msgid "" "Is the radical shift away from our tradition of free culture an instance of " "America correcting a mistake from its past, as we did after a bloody war " @@ -1233,7 +1307,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:994 +#: freeculture.xml:1053 msgid "" "Does common sense lead to the extremes on this question because common sense " "actually believes in these extremes? Or does common sense stand silent in " @@ -1243,7 +1317,7 @@ msgstr "" #. PAGE BREAK 28 #. type: Content of: <book><chapter><para> -#: freeculture.xml:1003 +#: freeculture.xml:1062 msgid "" "I don't mean to be mysterious. My own views are resolved. I believe it was " "right for common sense to revolt against the extremism of the Causbys. I " @@ -1255,7 +1329,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:1013 +#: freeculture.xml:1072 msgid "" "The struggle that rages just now centers on two ideas: \"piracy\" and " "\"property.\" My aim in this book's next two parts is to explore these two " @@ -1263,7 +1337,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:1018 +#: freeculture.xml:1077 msgid "" "My method is not the usual method of an academic. I don't want to plunge you " "into a complex argument, buttressed with references to obscure French " @@ -1274,7 +1348,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:1026 +#: freeculture.xml:1085 msgid "" "The two sections set up the core claim of this book: that while the Internet " "has indeed produced something fantastic and new, our government, pushed by " @@ -1287,7 +1361,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:1037 +#: freeculture.xml:1096 msgid "" "We allow this, I believe, not because it is right, and not because most of " "us really believe in these changes. We allow it because the interests most " @@ -1297,18 +1371,18 @@ msgid "" "us remain oblivious." msgstr "" -#. type: Content of: <book><chapter><title> -#: freeculture.xml:1047 +#. type: Content of: <book><part><title> +#: freeculture.xml:1106 msgid "\"PIRACY\"" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:1051 freeculture.xml:4670 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1110 freeculture.xml:4746 msgid "Mansfield, William Murray, Lord" msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1054 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1113 msgid "" "Since the inception of the law regulating creative property, there has been " "a war against \"piracy.\" The precise contours of this concept, \"piracy,\" " @@ -1318,13 +1392,15 @@ msgid "" msgstr "" #. f1 -#. type: Content of: <book><chapter><blockquote><para><footnote><para> -#: freeculture.xml:1066 -msgid "Bach v. Longman, 98 Eng. Rep. 1274 (1777) (Mansfield)." +#. type: Content of: <book><part><partintro><blockquote><para><footnote><para> +#: freeculture.xml:1125 +msgid "" +"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 " +"Eng. Rep. 1274 (1777) (Mansfield)." msgstr "" -#. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:1062 +#. type: Content of: <book><part><partintro><blockquote><para> +#: freeculture.xml:1121 msgid "" "A person may use the copy by playing it, but he has no right to rob the " "author of the profit, by multiplying copies and disposing of them for his " @@ -1332,8 +1408,8 @@ msgid "" msgstr "" #. PAGE BREAK 31 -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1072 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1131 msgid "" "Today we are in the middle of another \"war\" against \"piracy.\" The " "Internet has provoked this war. The Internet makes possible the efficient " @@ -1343,8 +1419,8 @@ msgid "" "in a way unimagined a generation ago." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1081 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1140 msgid "" "This efficiency does not respect the traditional lines of copyright. The " "network doesn't discriminate between the sharing of copyrighted and " @@ -1353,18 +1429,18 @@ msgid "" "owners fear the sharing will \"rob the author of the profit.\"" msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1089 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1148 msgid "" "The warriors have turned to the courts, to the legislatures, and " "increasingly to technology to defend their \"property\" against this " "\"piracy.\" A generation of Americans, the warriors warn, is being raised to " "believe that \"property\" should be \"free.\" Forget tattoos, never mind " -"body piercing—our kids are becoming thieves!" +"body piercing—our kids are becoming <emphasis>thieves</emphasis>!" msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1096 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1156 msgid "" "There's no doubt that \"piracy\" is wrong, and that pirates should be " "punished. But before we summon the executioners, we should put this notion " @@ -1372,13 +1448,13 @@ msgid "" "its core is an extraordinary idea that is almost certainly wrong." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1102 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1162 msgid "The idea goes something like this:" msgstr "" -#. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:1106 +#. type: Content of: <book><part><partintro><blockquote><para> +#: freeculture.xml:1166 msgid "" "Creative work has value; whenever I use, or take, or build upon the creative " "work of others, I am taking from them something of value. Whenever I take " @@ -1387,37 +1463,38 @@ msgid "" "wrong. It is a form of piracy." msgstr "" -#. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:1114 +#. type: Content of: <book><part><partintro><indexterm><primary> +#: freeculture.xml:1174 msgid "Dreyfuss, Rochelle" msgstr "" #. f2 -#. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:1120 +#. type: Content of: <book><part><partintro><para><footnote><para> +#: freeculture.xml:1180 msgid "" "See Rochelle Dreyfuss, \"Expressive Genericity: Trademarks as Language in " -"the Pepsi Generation,\" Notre Dame Law Review 65 (1990): 397." +"the Pepsi Generation,\" <citetitle>Notre Dame Law Review</citetitle> 65 " +"(1990): 397." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:1133 freeculture.xml:6763 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:1193 freeculture.xml:6844 msgid "Zittrain, Jonathan" msgstr "" -#. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:1128 +#. type: Content of: <book><part><partintro><para><footnote><para> +#: freeculture.xml:1188 msgid "" "Lisa Bannon, \"The Birds May Sing, but Campers Can't Unless They Pay Up,\" " -"Wall Street Journal, 21 August 1996, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #3</ulink>; Jonathan Zittrain, " -"\"Calling Off the Copyright War: In Battle of Property vs. Free Speech, No " -"One Wins,\" Boston Globe, 24 November 2002. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"<citetitle>Wall Street Journal</citetitle>, 21 August 1996, available at " +"<ulink url=\"http://free-culture.cc/notes/\">link #3</ulink>; Jonathan " +"Zittrain, \"Calling Off the Copyright War: In Battle of Property vs. Free " +"Speech, No One Wins,\" <citetitle>Boston Globe</citetitle>, 24 November " +"2002. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1116 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1176 msgid "" "This view runs deep within the current debates. It is what NYU law professor " "Rochelle Dreyfuss criticizes as the \"if value, then right\" theory of " @@ -1430,14 +1507,14 @@ msgid "" "the Girl Scouts." msgstr "" -#. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:1138 +#. type: Content of: <book><part><partintro><indexterm><primary> +#: freeculture.xml:1198 msgid "ASCAP" msgstr "" #. PAGE BREAK 32 -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1140 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1200 msgid "" "This idea is certainly a possible understanding of how creative property " "should work. It might well be a possible design for a system of law " @@ -1446,8 +1523,8 @@ msgid "" "has never taken hold within our law." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1148 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1208 msgid "" "Instead, in our tradition, intellectual property is an instrument. It sets " "the groundwork for a richly creative society but remains subservient to the " @@ -1456,8 +1533,8 @@ msgid "" "of the value." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1155 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1215 msgid "" "The source of this confusion is a distinction that the law no longer takes " "care to draw—the distinction between republishing someone's work on " @@ -1466,8 +1543,8 @@ msgid "" "copyright law today regulates both." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1162 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1222 msgid "" "Before the technologies of the Internet, this conflation didn't matter all " "that much. The technologies of publishing were expensive; that meant the " @@ -1476,25 +1553,25 @@ msgid "" "copyright law has become. It was just one more expense of doing business." msgstr "" -#. type: Content of: <book><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:1169 freeculture.xml:1197 +#. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary> +#: freeculture.xml:1229 freeculture.xml:1257 msgid "Florida, Richard" msgstr "" -#. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:1190 +#. type: Content of: <book><part><partintro><para><footnote><para> +#: freeculture.xml:1250 msgid "" -"In The Rise of the Creative Class (New York: Basic Books, 2002), Richard " -"Florida documents a shift in the nature of labor toward a labor of " -"creativity. His work, however, doesn't directly address the legal " -"conditions under which that creativity is enabled or stifled. I certainly " -"agree with him about the importance and significance of this change, but I " -"also believe the conditions under which it will be enabled are much more " -"tenuous. <placeholder type=\"indexterm\" id=\"0\"/>" +"In <citetitle>The Rise of the Creative Class</citetitle> (New York: Basic " +"Books, 2002), Richard Florida documents a shift in the nature of labor " +"toward a labor of creativity. His work, however, doesn't directly address " +"the legal conditions under which that creativity is enabled or stifled. I " +"certainly agree with him about the importance and significance of this " +"change, but I also believe the conditions under which it will be enabled are " +"much more tenuous. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1171 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1231 msgid "" "But with the birth of the Internet, this natural limit to the reach of the " "law has disappeared. The law controls not just the creativity of commercial " @@ -1515,43 +1592,44 @@ msgid "" "regulation of this creative class." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:1203 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:1263 msgid "" "These burdens make no sense in our tradition. We should begin by " "understanding that tradition a bit more and by placing in their proper " "context the current battles about behavior labeled \"piracy.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:1210 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:1271 msgid "CHAPTER ONE: Creators" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1212 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1273 msgid "" "In 1928, a cartoon character was born. An early Mickey Mouse made his debut " -"in May of that year, in a silent flop called Plane Crazy. In November, in " -"New York City's Colony Theater, in the first widely distributed cartoon " -"synchronized with sound, Steamboat Willie brought to life the character that " +"in May of that year, in a silent flop called <citetitle>Plane " +"Crazy</citetitle>. In November, in New York City's Colony Theater, in the " +"first widely distributed cartoon synchronized with sound, " +"<citetitle>Steamboat Willie</citetitle> brought to life the character that " "would become Mickey Mouse." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1219 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1280 msgid "" "Synchronized sound had been introduced to film a year earlier in the movie " -"The Jazz Singer. That success led Walt Disney to copy the technique and mix " -"sound with cartoons. No one knew whether it would work or, if it did work, " -"whether it would win an audience. But when Disney ran a test in the summer " -"of 1928, the results were unambiguous. As Disney describes that first " -"experiment," +"<citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy " +"the technique and mix sound with cartoons. No one knew whether it would work " +"or, if it did work, whether it would win an audience. But when Disney ran a " +"test in the summer of 1928, the results were unambiguous. As Disney " +"describes that first experiment," msgstr "" #. PAGE BREAK 35 -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:1228 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:1289 msgid "" "A couple of my boys could read music, and one of them could play a mouth " "organ. We put them in a room where they could not see the screen and " @@ -1559,8 +1637,8 @@ msgid "" "going to see the picture." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:1235 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:1296 msgid "" "The boys worked from a music and sound-effects score. After several false " "starts, sound and action got off with the gun. The mouth organist played the " @@ -1569,15 +1647,15 @@ msgid "" msgstr "" #. f1 -#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para> -#: freeculture.xml:1248 +#. type: Content of: <book><part><chapter><blockquote><para><footnote><para> +#: freeculture.xml:1309 msgid "" -"Leonard Maltin, Of Mice and Magic: A History of American Animated Cartoons " -"(New York: Penguin Books, 1987), 34–35." +"Leonard Maltin, <citetitle>Of Mice and Magic: A History of American Animated " +"Cartoons</citetitle> (New York: Penguin Books, 1987), 34–35." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:1242 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:1303 msgid "" "The effect on our little audience was nothing less than electric. They " "responded almost instinctively to this union of sound and motion. I thought " @@ -1586,13 +1664,13 @@ msgid "" "new!<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:1257 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:1318 msgid "Iwerks, Ub" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1254 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1315 msgid "" "Disney's then partner, and one of animation's most extraordinary talents, Ub " "Iwerks, put it more strongly: \"I have never been so thrilled in my " @@ -1600,8 +1678,8 @@ msgid "" "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1260 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1321 msgid "" "Disney had created something very new, based upon something relatively " "new. Synchronized sound brought life to a form of creativity that had " @@ -1612,63 +1690,65 @@ msgid "" "work of others." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1269 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1330 msgid "" "This much is familiar. What you might not know is that 1928 also marks " "another important transition. In that year, a comic (as opposed to cartoon) " "genius created his last independently produced silent film. That genius was " -"Buster Keaton. The film was Steamboat Bill, Jr." +"Buster Keaton. The film was <citetitle>Steamboat Bill, Jr</citetitle>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1275 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1336 msgid "" "Keaton was born into a vaudeville family in 1895. In the era of silent film, " "he had mastered using broad physical comedy as a way to spark uncontrollable " -"laughter from his audience. Steamboat Bill, Jr. was a classic of this form, " -"famous among film buffs for its incredible stunts. The film was classic " -"Keaton—wildly popular and among the best of its genre." +"laughter from his audience. <citetitle>Steamboat Bill, Jr</citetitle>. was a " +"classic of this form, famous among film buffs for its incredible stunts. " +"The film was classic Keaton—wildly popular and among the best of its " +"genre." msgstr "" #. f2 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1288 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1350 msgid "" "I am grateful to David Gerstein and his careful history, described at <ulink " "url=\"http://free-culture.cc/notes/\">link #4</ulink>. According to Dave " "Smith of the Disney Archives, Disney paid royalties to use the music for " -"five songs in Steamboat Willie: \"Steamboat Bill,\" \"The Simpleton\" " -"(Delille), \"Mischief Makers\" (Carbonara), \"Joyful Hurry No. 1\" (Baron), " -"and \"Gawky Rube\" (Lakay). A sixth song, \"The Turkey in the Straw,\" was " -"already in the public domain. Letter from David Smith to Harry Surden, 10 " -"July 2003, on file with author." +"five songs in <citetitle>Steamboat Willie</citetitle>: \"Steamboat Bill,\" " +"\"The Simpleton\" (Delille), \"Mischief Makers\" (Carbonara), \"Joyful Hurry " +"No. 1\" (Baron), and \"Gawky Rube\" (Lakay). A sixth song, \"The Turkey in " +"the Straw,\" was already in the public domain. Letter from David Smith to " +"Harry Surden, 10 July 2003, on file with author." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1283 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1344 msgid "" -"Steamboat Bill, Jr. appeared before Disney's cartoon Steamboat Willie. The " -"coincidence of titles is not coincidental. Steamboat Willie is a direct " -"cartoon parody of Steamboat Bill,<placeholder type=\"footnote\" id=\"0\"/> " -"and both are built upon a common song as a source. It is not just from the " -"invention of synchronized sound in The Jazz Singer that we get Steamboat " -"Willie. It is also from Buster Keaton's invention of Steamboat Bill, Jr., " -"itself inspired by the song \"Steamboat Bill,\" that we get Steamboat " -"Willie, and then from Steamboat Willie, Mickey Mouse." +"<citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon " +"Steamboat Willie. The coincidence of titles is not coincidental. Steamboat " +"Willie is a direct cartoon parody of Steamboat Bill,<placeholder " +"type=\"footnote\" id=\"0\"/> and both are built upon a common song as a " +"source. It is not just from the invention of synchronized sound in " +"<citetitle>The Jazz Singer</citetitle> that we get <citetitle>Steamboat " +"Willie</citetitle>. It is also from Buster Keaton's invention of Steamboat " +"Bill, Jr., itself inspired by the song \"Steamboat Bill,\" that we get " +"Steamboat Willie, and then from Steamboat Willie, Mickey Mouse." msgstr "" #. f3 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1309 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1371 msgid "" "He was also a fan of the public domain. See Chris Sprigman, \"The Mouse that " "Ate the Public Domain,\" Findlaw, 5 March 2002, at <ulink " "url=\"http://free-culture.cc/notes/\">link #5</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1305 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1367 msgid "" "This \"borrowing\" was nothing unique, either for Disney or for the " "industry. Disney was always parroting the feature-length mainstream films of " @@ -1682,8 +1762,8 @@ msgid "" "something new out of something just barely old." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1324 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1386 msgid "" "Sometimes this borrowing was slight. Sometimes it was significant. Think " "about the fairy tales of the Brothers Grimm. If you're as oblivious as I " @@ -1695,8 +1775,8 @@ msgid "" msgstr "" #. PAGE BREAK 37 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1333 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1395 msgid "" "Disney took these stories and retold them in a way that carried them into a " "new age. He animated the stories, with both characters and light. Without " @@ -1704,20 +1784,26 @@ msgid "" "dark and injected a genuine emotion of compassion where before there was " "fear. And not just with the work of the Brothers Grimm. Indeed, the catalog " "of Disney work drawing upon the work of others is astonishing when set " -"together: Snow White (1937), Fantasia (1940), Pinocchio (1940), Dumbo " -"(1941), Bambi (1942), Song of the South (1946), Cinderella (1950), Alice in " -"Wonderland (1951), Robin Hood (1952), Peter Pan (1953), Lady and the Tramp " -"(1955), Mulan (1998), Sleeping Beauty (1959), 101 Dalmatians (1961), The " -"Sword in the Stone (1963), and The Jungle Book (1967)—not to mention a " -"recent example that we should perhaps quickly forget, Treasure Planet " -"(2003). In all of these cases, Disney (or Disney, Inc.) ripped creativity " -"from the culture around him, mixed that creativity with his own " -"extraordinary talent, and then burned that mix into the soul of his " -"culture. Rip, mix, and burn." -msgstr "" - -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1353 +"together: <citetitle>Snow White</citetitle> (1937), " +"<citetitle>Fantasia</citetitle> (1940), <citetitle>Pinocchio</citetitle> " +"(1940), <citetitle>Dumbo</citetitle> (1941), <citetitle>Bambi</citetitle> " +"(1942), <citetitle>Song of the South</citetitle> (1946), " +"<citetitle>Cinderella</citetitle> (1950), <citetitle>Alice in " +"Wonderland</citetitle> (1951), <citetitle>Robin Hood</citetitle> (1952), " +"<citetitle>Peter Pan</citetitle> (1953), <citetitle>Lady and the " +"Tramp</citetitle> (1955), <citetitle>Mulan</citetitle> (1998), " +"<citetitle>Sleeping Beauty</citetitle> (1959), <citetitle>101 " +"Dalmatians</citetitle> (1961), <citetitle>The Sword in the Stone</citetitle> " +"(1963), and <citetitle>The Jungle Book</citetitle> (1967)—not to " +"mention a recent example that we should perhaps quickly forget, " +"<citetitle>Treasure Planet</citetitle> (2003). In all of these cases, Disney " +"(or Disney, Inc.) ripped creativity from the culture around him, mixed that " +"creativity with his own extraordinary talent, and then burned that mix into " +"the soul of his culture. Rip, mix, and burn." +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1417 msgid "" "This is a kind of creativity. It is a creativity that we should remember and " "celebrate. There are some who would say that there is no creativity except " @@ -1729,8 +1815,8 @@ msgid "" msgstr "" #. f4 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1367 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1431 msgid "" "Until 1976, copyright law granted an author the possibility of two terms: an " "initial term and a renewal term. I have calculated the \"average\" term by " @@ -1742,8 +1828,8 @@ msgid "" "url=\"http://free-culture.cc/notes/\">link #6</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1361 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1425 msgid "" "In 1928, the culture that Disney was free to draw upon was relatively " "fresh. The public domain in 1928 was not very old and was therefore quite " @@ -1756,8 +1842,8 @@ msgid "" "copyright owner." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1384 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1448 msgid "" "At the end of a copyright term, a work passes into the public domain. No " "permission is then needed to draw upon or use that work. No permission and, " @@ -1768,8 +1854,8 @@ msgid "" msgstr "" #. PAGE BREAK 38 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1393 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1457 msgid "" "This is the ways things always were—until quite recently. For most of " "our history, the public domain was just over the horizon. From until 1978, " @@ -1781,28 +1867,28 @@ msgid "" "is presumptive only for content from before the Great Depression." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1406 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1470 msgid "" "Of course, Walt Disney had no monopoly on \"Walt Disney creativity.\" Nor " "does America. The norm of free culture has, until recently, and except " "within totalitarian nations, been broadly exploited and quite universal." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1412 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1476 msgid "" "Consider, for example, a form of creativity that seems strange to many " -"Americans but that is inescapable within Japanese culture: manga, or " -"comics. The Japanese are fanatics about comics. Some 40 percent of " -"publications are comics, and 30 percent of publication revenue derives from " -"comics. They are everywhere in Japanese society, at every magazine stand, " -"carried by a large proportion of commuters on Japan's extraordinary system " -"of public transportation." +"Americans but that is inescapable within Japanese culture: " +"<citetitle>manga</citetitle>, or comics. The Japanese are fanatics about " +"comics. Some 40 percent of publications are comics, and 30 percent of " +"publication revenue derives from comics. They are everywhere in Japanese " +"society, at every magazine stand, carried by a large proportion of commuters " +"on Japan's extraordinary system of public transportation." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1421 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1485 msgid "" "Americans tend to look down upon this form of culture. That's an " "unattractive characteristic of ours. We're likely to misunderstand much " @@ -1814,8 +1900,8 @@ msgid "" "ways, the Japanese in this interestingly different way." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1432 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1496 msgid "" "But my purpose here is not to understand manga. It is to describe a variant " "on manga that from a lawyer's perspective is quite odd, but from a Disney " @@ -1823,13 +1909,14 @@ msgid "" msgstr "" #. PAGE BREAK 39 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1437 -msgid "" -"This is the phenomenon of doujinshi. Doujinshi are also comics, but they are " -"a kind of copycat comic. A rich ethic governs the creation of doujinshi. It " -"is not doujinshi if it is just a copy; the artist must make a contribution " -"to the art he copies, by transforming it either subtly or significantly. A " +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1501 +msgid "" +"This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are " +"also comics, but they are a kind of copycat comic. A rich ethic governs the " +"creation of doujinshi. It is not doujinshi if it is " +"<emphasis>just</emphasis> a copy; the artist must make a contribution to the " +"art he copies, by transforming it either subtly or significantly. A " "doujinshi comic can thus take a mainstream comic and develop it " "differently—with a different story line. Or the comic can keep the " "character in character but change its look slightly. There is no formula for " @@ -1839,8 +1926,8 @@ msgid "" "copycat comic that is merely a copy." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1451 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1516 msgid "" "These copycat comics are not a tiny part of the manga market. They are " "huge. More than 33,000 \"circles\" of creators from across Japan produce " @@ -1853,8 +1940,8 @@ msgid "" "competition and despite the law." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1462 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1527 msgid "" "The most puzzling feature of the doujinshi market, for those trained in the " "law, at least, is that it is allowed to exist at all. Under Japanese " @@ -1863,40 +1950,40 @@ msgid "" "\"derivative works.\" There is no general practice by doujinshi artists of " "securing the permission of the manga creators. Instead, the practice is " "simply to take and modify the creations of others, as Walt Disney did with " -"Steamboat Bill, Jr. Under both Japanese and American law, that \"taking\" " -"without the permission of the original copyright owner is illegal. It is an " -"infringement of the original copyright to make a copy or a derivative work " -"without the original copyright owner's permission." +"<citetitle>Steamboat Bill, Jr</citetitle>. Under both Japanese and American " +"law, that \"taking\" without the permission of the original copyright owner " +"is illegal. It is an infringement of the original copyright to make a copy " +"or a derivative work without the original copyright owner's permission." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:1476 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1541 msgid "Winick, Judd" msgstr "" #. f5 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1489 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1554 msgid "" -"For an excellent history, see Scott McCloud, Reinventing Comics (New York: " -"Perennial, 2000)." +"For an excellent history, see Scott McCloud, <citetitle>Reinventing " +"Comics</citetitle> (New York: Perennial, 2000)." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1479 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1544 msgid "" "Yet this illegal market exists and indeed flourishes in Japan, and in the " "view of many, it is precisely because it exists that Japanese manga " "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 books and not " -"tracing them, but looking at them and copying them\" and building from " +"now. … American comics were born out of copying each 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.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1494 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1559 msgid "" "American comics now are quite different, Winick explains, in part because of " "the legal difficulty of adapting comics the way doujinshi are " @@ -1907,21 +1994,21 @@ msgid "" msgstr "" #. f6 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1511 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1576 msgid "" "See Salil K. Mehra, \"Copyright and Comics in Japan: Does Law Explain Why " -"All the Comics My Kid Watches Are Japanese Imports?\" Rutgers Law Review 55 " -"(2002): 155, 182. \"[T]here might be a collective economic rationality that " -"would lead manga and anime artists to forgo bringing legal actions for " -"infringement. One hypothesis is that all manga artists may be better off " -"collectively if they set aside their individual self-interest and decide not " -"to press their legal rights. This is essentially a prisoner's dilemma " -"solved.\"" +"All the Comics My Kid Watches Are Japanese Imports?\" <citetitle>Rutgers Law " +"Review</citetitle> 55 (2002): 155, 182. \"[T]here might be a collective " +"economic rationality that would lead manga and anime artists to forgo " +"bringing legal actions for infringement. One hypothesis is that all manga " +"artists may be better off collectively if they set aside their individual " +"self-interest and decide not to press their legal rights. This is " +"essentially a prisoner's dilemma solved.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1503 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1568 msgid "" "The norm in Japan mitigates this legal difficulty. Some say it is precisely " "the benefit accruing to the Japanese manga market that explains the " @@ -1932,8 +2019,8 @@ msgid "" "does not ban doujinshi.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1522 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1587 msgid "" "The problem with this story, however, as Mehra plainly acknowledges, is that " "the mechanism producing this laissez faire response is not clear. It may " @@ -1945,8 +2032,8 @@ msgid "" "taking\" by the doujinshi culture?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1533 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1598 msgid "" "I spent four wonderful months in Japan, and I asked this question as often " "as I could. Perhaps the best account in the end was offered by a friend from " @@ -1956,8 +2043,8 @@ msgid "" msgstr "" #. PAGE BREAK 41 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1540 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1605 msgid "" "This is a theme to which we will return: that regulation by law is a " "function of both the words on the books and the costs of making those words " @@ -1970,33 +2057,34 @@ msgid "" "for a moment." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1553 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1618 msgid "" "If you're like I was a decade ago, or like most people are when they first " "start thinking about these issues, then just about now you should be puzzled " "about something you hadn't thought through before." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:1570 freeculture.xml:2744 freeculture.xml:4369 freeculture.xml:4603 freeculture.xml:7158 freeculture.xml:8215 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:1635 freeculture.xml:2826 freeculture.xml:4451 freeculture.xml:4678 freeculture.xml:7224 freeculture.xml:8300 msgid "Vaidhyanathan, Siva" msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1563 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1628 msgid "" -"The term intellectual property is of relatively recent origin. See Siva " -"Vaidhyanathan, Copyrights and Copywrongs, 11 (New York: New York University " -"Press, 2001). See also Lawrence Lessig, The Future of Ideas (New York: " +"The term <citetitle>intellectual property</citetitle> is of relatively " +"recent origin. See Siva Vaidhyanathan, <citetitle>Copyrights and " +"Copywrongs</citetitle>, 11 (New York: New York University Press, 2001). See " +"also Lawrence Lessig, <citetitle>The Future of Ideas</citetitle> (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 very different. " "<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1558 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1623 msgid "" "We live in a world that celebrates \"property.\" I am one of those " "celebrants. I believe in the value of property in general, and I also " @@ -2006,8 +2094,8 @@ msgid "" "modern society cannot flourish without intellectual property." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1577 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1642 msgid "" "But it takes just a second's reflection to realize that there is plenty of " "value out there that \"property\" doesn't capture. I don't mean \"money " @@ -2023,8 +2111,8 @@ msgid "" msgstr "" #. PAGE BREAK 42 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1592 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1657 msgid "" "Thus, even though the things that Disney took—or more generally, the " "things taken by anyone exercising Walt Disney creativity—are valuable, " @@ -2032,8 +2120,8 @@ msgid "" "for the taking within a free culture, and that freedom is good." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1601 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1666 msgid "" "The same with the doujinshi culture. If a doujinshi artist broke into a " "publisher's office and ran off with a thousand copies of his latest " @@ -2043,8 +2131,8 @@ msgid "" "whether large or small." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1609 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1674 msgid "" "Yet there is an obvious reluctance, even among Japanese lawyers, to say that " "the copycat comic artists are \"stealing.\" This form of Walt Disney " @@ -2052,25 +2140,25 @@ msgid "" "hard to say why." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1615 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1680 msgid "" "It's the same with a thousand examples that appear everywhere once you begin " "to look. Scientists build upon the work of other scientists without asking " "or paying for the privilege. (\"Excuse me, Professor Einstein, but may I " "have permission to use your theory of relativity to show that you were wrong " "about quantum physics?\") Acting companies perform adaptations of the works " -"of Shakespeare without securing permission from anyone. (Does anyone believe " -"Shakespeare would be better spread within our culture if there were a " -"central Shakespeare rights clearinghouse that all productions of Shakespeare " -"must appeal to first?) And Hollywood goes through cycles with a certain kind " -"of movie: five asteroid films in the late 1990s; two volcano disaster films " -"in 1997." +"of Shakespeare without securing permission from anyone. (Does " +"<emphasis>anyone</emphasis> believe Shakespeare would be better spread " +"within our culture if there were a central Shakespeare rights clearinghouse " +"that all productions of Shakespeare must appeal to first?) And Hollywood " +"goes through cycles with a certain kind of movie: five asteroid films in the " +"late 1990s; two volcano disaster films in 1997." msgstr "" #. PAGE BREAK 43 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1629 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1694 msgid "" "Creators here and everywhere are always and at all times building upon the " "creativity that went before and that surrounds them now. That building is " @@ -2082,39 +2170,45 @@ msgid "" "unfree, perhaps, but all societies to some degree." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1640 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1705 msgid "" -"The hard question is therefore not whether a culture is free. All cultures " -"are free to some degree. The hard question instead is \"How free is this " -"culture?\" How much, and how broadly, is the culture free for others to take " -"and build upon? Is that freedom limited to party members? To members of the " -"royal family? To the top ten corporations on the New York Stock Exchange? Or " -"is that freedom spread broadly? To artists generally, whether affiliated " -"with the Met or not? To musicians generally, whether white or not? To " -"filmmakers generally, whether affiliated with a studio or not?" +"The hard question is therefore not <emphasis>whether</emphasis> a culture is " +"free. All cultures are free to some degree. The hard question instead is " +"\"<emphasis>How</emphasis> free is this culture?\" How much, and how " +"broadly, is the culture free for others to take and build upon? Is that " +"freedom limited to party members? To members of the royal family? To the top " +"ten corporations on the New York Stock Exchange? Or is that freedom spread " +"broadly? To artists generally, whether affiliated with the Met or not? To " +"musicians generally, whether white or not? To filmmakers generally, whether " +"affiliated with a studio or not?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1651 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1717 msgid "" "Free cultures are cultures that leave a great deal open for others to build " "upon; unfree, or permission, cultures leave much less. Ours was a free " "culture. It is becoming much less so." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:1659 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:1725 msgid "CHAPTER TWO: \"Mere Copyists\"" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:1660 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1727 +msgid "photography" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:1737 msgid "Daguerre, Louis" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1662 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1730 msgid "" "In 1839, Louis Daguerre invented the first practical technology for " "producing what we would call \"photographs.\" Appropriately enough, they " @@ -2122,11 +2216,17 @@ msgid "" "and the field was thus limited to professionals and a few zealous and " "wealthy amateurs. (There was even an American Daguerre Association that " "helped regulate the industry, as do all such associations, by keeping " -"competition down so as to keep prices up.)" +"competition down so as to keep prices up.) <placeholder type=\"indexterm\" " +"id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:1749 +msgid "Talbot, William" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1671 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1740 msgid "" "Yet despite high prices, the demand for daguerreotypes was strong. This " "pushed inventors to find simpler and cheaper ways to make \"automatic " @@ -2135,17 +2235,18 @@ msgid "" "the process still remained expensive and cumbersome. In the 1870s, dry " "plates were developed, making it easier to separate the taking of a picture " "from its developing. These were still plates of glass, and thus it was still " -"not a process within reach of most amateurs." +"not a process within reach of most amateurs. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:1682 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1752 msgid "Eastman, George" msgstr "" #. PAGE BREAK 45 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1685 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1755 msgid "" "The technological change that made mass photography possible didn't happen " "until 1888, and was the creation of a single man. George Eastman, himself an " @@ -2158,40 +2259,46 @@ msgid "" msgstr "" #. f1 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1702 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1772 msgid "" -"Reese V. Jenkins, Images and Enterprise (Baltimore: Johns Hopkins University " -"Press, 1975), 112." +"Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: " +"Johns Hopkins University Press, 1975), 112." +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:1774 +msgid "Kodak Primer, The (Eastman)" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1697 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1767 msgid "" "Eastman developed flexible, emulsion-coated paper film and placed rolls of " "it in small, simple cameras: the Kodak. The device was marketed on the basis " "of its simplicity. \"You press the button and we do the rest.\"<placeholder " -"type=\"footnote\" id=\"0\"/> As he described in The Kodak Primer:" +"type=\"footnote\" id=\"0\"/> As he described in <citetitle>The Kodak " +"Primer</citetitle>: <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:1720 freeculture.xml:1743 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:1791 freeculture.xml:1814 msgid "Coe, Brian" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para> -#: freeculture.xml:1718 +#. type: Content of: <book><part><chapter><blockquote><para><footnote><para> +#: freeculture.xml:1789 msgid "" -"Brian Coe, The Birth of Photography (New York: Taplinger Publishing, 1977), " -"53. <placeholder type=\"indexterm\" id=\"0\"/>" +"Brian Coe, <citetitle>The Birth of Photography</citetitle> (New York: " +"Taplinger Publishing, 1977), 53. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:1707 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:1778 msgid "" "The principle of the Kodak system is the separation of the work that any " "person whomsoever can do in making a photograph, from the work that only an " -"expert can do. . . . We furnish anybody, man, woman or child, who has " +"expert can do. … We furnish anybody, man, woman or child, who has " "sufficient intelligence to point a box straight and press a button, with an " "instrument which altogether removes from the practice of photography the " "necessity for exceptional facilities or, in fact, any special knowledge of " @@ -2200,19 +2307,19 @@ msgid "" msgstr "" #. f3 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1736 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1807 msgid "Jenkins, 177." msgstr "" #. f4 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1740 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1811 msgid "Based on a chart in Jenkins, p. 178." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1725 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1796 msgid "" "For $25, anyone could make pictures. The camera came preloaded with film, " "and when it had been used, the camera was returned to an Eastman factory, " @@ -2222,19 +2329,19 @@ msgid "" "camera first went on sale in 1888; one year later, Kodak was printing more " "than six thousand negatives a day. From 1888 through 1909, while industrial " "production was rising by 4.7 percent, photographic equipment and material " -"sales increased by percent.<placeholder type=\"footnote\" id=\"0\"/> Eastman " -"Kodak's sales during the same period experienced an average annual increase " -"of over 17 percent.<placeholder type=\"footnote\" id=\"1\"/>" +"sales increased by 11 percent.<placeholder type=\"footnote\" id=\"0\"/> " +"Eastman Kodak's sales during the same period experienced an average annual " +"increase of over 17 percent.<placeholder type=\"footnote\" id=\"1\"/>" msgstr "" #. f5 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1758 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1829 msgid "Coe, 58." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1747 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1818 msgid "" "The real significance of Eastman's invention, however, was not economic. It " "was social. Professional photography gave individuals a glimpse of places " @@ -2242,14 +2349,14 @@ msgid "" "record their own lives in a way they had never been able to do before. As " "author Brian Coe notes, \"For the first time the snapshot album provided the " "man on the street with a permanent record of his family and its " -"activities. . . . For the first time in history there exists an authentic " +"activities. … For the first time in history there exists an authentic " "visual record of the appearance and activities of the common man made " "without [literary] interpretation or bias.\"<placeholder type=\"footnote\" " "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1762 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1833 msgid "" "In this way, the Kodak camera and film were technologies of expression. The " "pencil or paintbrush was also a technology of expression, of course. But it " @@ -2264,15 +2371,18 @@ msgid "" msgstr "" #. f6 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1784 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1855 msgid "" -"For illustrative cases, see, for example, Pavesich v. N.E. Life Ins. Co., 50 " -"S.E." +"For illustrative cases, see, for example, <citetitle>Pavesich</citetitle> " +"v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905); " +"<citetitle>Foster-Milburn Co</citetitle>. v. <citetitle>Chinn</citetitle>, " +"123090 S.W. 364, 366 (Ky. 1909); <citetitle>Corliss</citetitle> " +"v. <citetitle>Walker</citetitle>, 64 F. 280 (Mass. Dist. Ct. 1894)." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1775 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1846 msgid "" "What was required for this technology to flourish? Obviously, Eastman's " "genius was an important part. But also important was the legal environment " @@ -2285,8 +2395,8 @@ msgid "" msgstr "" #. PAGE BREAK 47 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1788 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1863 msgid "" "The arguments in favor of requiring permission will sound surprisingly " "familiar. The photographer was \"taking\" something from the person or " @@ -2296,21 +2406,21 @@ msgid "" "these photographers not be free to take images that they thought valuable." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary> -#: freeculture.xml:1810 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:1885 msgid "Warren, Samuel D." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1807 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1882 msgid "" -"Samuel D. Warren and Louis D. Brandeis, \"The Right to Privacy,\" Harvard " -"Law Review 4 (1890): 193. <placeholder type=\"indexterm\" id=\"0\"/> " -"<placeholder type=\"indexterm\" id=\"1\"/>" +"Samuel D. Warren and Louis D. Brandeis, \"The Right to Privacy,\" " +"<citetitle>Harvard Law Review</citetitle> 4 (1890): 193. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1800 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1875 msgid "" "On the other side was an argument that should be familiar, as well. Sure, " "there may be something of value being used. But citizens should have the " @@ -2318,23 +2428,25 @@ msgid "" "Brandeis, who would become a Supreme Court Justice, thought the rule should " "be different for images from private spaces.<placeholder type=\"footnote\" " "id=\"0\"/>) It may be that this means that the photographer gets something " -"for nothing. Just as Disney could take inspiration from Steamboat Bill, " -"Jr. or the Brothers Grimm, the photographer should be free to capture an " -"image without compensating the source." +"for nothing. Just as Disney could take inspiration from <citetitle>Steamboat " +"Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be free " +"to capture an image without compensating the source." msgstr "" #. f8 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1827 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1902 msgid "" -"See Melville B. Nimmer, \"The Right of Publicity,\" Law and Contemporary " -"Problems 19 (1954): 203; William L. Prosser, \"Privacy,\" California Law " -"Review 48 (1960) 398–407; White v. Samsung Electronics America, Inc., " -"971 F. 2d 1395 (9th Cir. 1992), cert. denied, 508 U.S. 951 (1993)." +"See Melville B. Nimmer, \"The Right of Publicity,\" <citetitle>Law and " +"Contemporary Problems</citetitle> 19 (1954): 203; William L. Prosser, " +"\"Privacy,\" <citetitle>California Law Review</citetitle> 48 (1960) " +"398–407; <citetitle>White</citetitle> v. <citetitle>Samsung " +"Electronics America, Inc</citetitle>., 971 F. 2d 1395 (9th Cir. 1992), " +"cert. denied, 508 U.S. 951 (1993)." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1817 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1892 msgid "" "Fortunately for Mr. Eastman, and for photography in general, these early " "decisions went in favor of the pirates. In general, no permission would be " @@ -2347,8 +2459,8 @@ msgid "" "type=\"footnote\" id=\"0\"/>)" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1835 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1910 msgid "" "We can only speculate about how photography would have developed had the law " "gone the other way. If the presumption had been against the photographer, " @@ -2365,8 +2477,8 @@ msgid "" msgstr "" #. PAGE BREAK 48 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1852 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1927 msgid "" "But though we could imagine this system of permission, it would be very hard " "to see how photography could have flourished as it did if the requirement " @@ -2392,8 +2504,8 @@ msgid "" msgstr "" #. f9 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1884 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1960 msgid "" "H. Edward Goldberg, \"Essential Presentation Tools: Hardware and Software " "You Need to Create Digital Multimedia Presentations,\" cadalyst, February " @@ -2401,8 +2513,8 @@ msgid "" "#7</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1878 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1954 msgid "" "These buses are not cheap, but the technology they carry is increasingly " "so. The cost of a high-quality digital video system has fallen " @@ -2415,23 +2527,23 @@ msgid "" "something teachers call \"media literacy.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:1901 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:1977 msgid "Yanofsky, Dave" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1896 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1972 msgid "" "\"Media literacy,\" as Dave Yanofsky, the executive director of Just Think!, " -"puts it, \"is the ability . . . to understand, analyze, and deconstruct " +"puts it, \"is the ability … to understand, analyze, and deconstruct " "media images. Its aim is to make [kids] literate about the way media works, " "the way it's constructed, the way it's delivered, and the way people access " "it.\" <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1904 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1980 msgid "" "This may seem like an odd way to think about \"literacy.\" For most people, " "literacy is about reading and writing. Faulkner and Hemingway and noticing " @@ -2439,16 +2551,16 @@ msgid "" msgstr "" #. f10 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1914 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:1990 msgid "" -"Judith Van Evra, Television and Child Development (Hillsdale, N.J.: Lawrence " -"Erlbaum Associates, 1990); \"Findings on Family and TV Study,\" Denver Post, " -"25 May 1997, B6." +"Judith Van Evra, <citetitle>Television and Child Development</citetitle> " +"(Hillsdale, N.J.: Lawrence Erlbaum Associates, 1990); \"Findings on Family " +"and TV Study,\" <citetitle>Denver Post</citetitle>, 25 May 1997, B6." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1910 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:1986 msgid "" "Maybe. But in a world where children see on average 390 hours of television " "commercials per year, or between 20,000 and 45,000 commercials " @@ -2459,8 +2571,8 @@ msgid "" "write media by constructing lots of (at least at first) terrible media." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1925 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2001 msgid "" "A growing field of academics and activists sees this form of literacy as " "crucial to the next generation of culture. For though anyone who has written " @@ -2472,8 +2584,8 @@ msgid "" "builds suspense." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1935 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2011 msgid "" "It took filmmaking a generation before it could do these things well. But " "even then, the knowledge was in the filming, not in writing about the " @@ -2483,23 +2595,23 @@ msgid "" "and then reflecting upon what one has created." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:1942 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2018 msgid "Crichton, Michael" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:1956 freeculture.xml:2016 freeculture.xml:2023 freeculture.xml:2458 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2032 freeculture.xml:2092 freeculture.xml:2099 freeculture.xml:2534 msgid "Barish, Stephanie" msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary> -#: freeculture.xml:1957 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:2033 msgid "Daley, Elizabeth" msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1954 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2030 msgid "" "Interview with Elizabeth Daley and Stephanie Barish, 13 December 2002. " "<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " @@ -2507,8 +2619,8 @@ msgid "" msgstr "" #. f12 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:1968 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2044 msgid "" "See Scott Steinberg, \"Crichton Gets Medieval on PCs,\" E!online, 4 November " "2000, available at <ulink url=\"http://free-culture.cc/notes/\">link " @@ -2516,14 +2628,14 @@ msgid "" "url=\"http://free-culture.cc/notes/\">link #9</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1944 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2020 msgid "" "This grammar has changed as media has changed. When it was just film, as " "Elizabeth Daley, executive director of the University of Southern " "California's Annenberg Center for Communication and dean of the USC School " "of Cinema-Television, explained to me, the grammar was about \"the placement " -"of objects, color, . . . rhythm, pacing, and texture.\"<placeholder " +"of objects, color, … rhythm, pacing, and texture.\"<placeholder " "type=\"footnote\" id=\"0\"/> But as computers open up an interactive space " "where a story is \"played\" as well as experienced, that grammar " "changes. The simple control of narrative is lost, and so other techniques " @@ -2534,13 +2646,13 @@ msgid "" "successful author.<placeholder type=\"footnote\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:1975 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2051 msgid "computer games" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1977 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2053 msgid "" "This skill is precisely the craft a filmmaker learns. As Daley describes, " "\"people are very surprised about how they are led through a film. [I]t is " @@ -2549,8 +2661,8 @@ msgid "" "led through a film, the film has failed." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1984 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2060 msgid "" "Yet the push for an expanded literacy—one that goes beyond text to " "include audio and visual elements—is not about making better film " @@ -2558,8 +2670,8 @@ msgid "" "Instead, as Daley explained," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:1991 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:2067 msgid "" "From my perspective, probably the most important digital divide is not " "access to a box. It's the ability to be empowered with the language that " @@ -2567,26 +2679,26 @@ msgid "" "language, and all the rest of us are reduced to being read-only." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:1999 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2075 msgid "" "\"Read-only.\" Passive recipients of culture produced elsewhere. Couch " "potatoes. Consumers. This is the world of media from the twentieth century." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2015 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2091 msgid "Interview with Daley and Barish. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. f31 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2020 freeculture.xml:3715 freeculture.xml:4789 freeculture.xml:7943 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:2096 freeculture.xml:3822 freeculture.xml:4865 freeculture.xml:8024 msgid "Ibid." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2004 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2080 msgid "" "The twenty-first century could be different. This is the crucial point: It " "could be both read and write. Or at least reading and better understanding " @@ -2599,8 +2711,8 @@ msgid "" "id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2025 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2101 msgid "" "As with any language, this language comes more easily to some than to " "others. It doesn't necessarily come more easily to those who excel in " @@ -2613,8 +2725,8 @@ msgid "" "something the students know something about—gun violence." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2037 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2113 msgid "" "The class was held on Friday afternoons, and it created a relatively new " "problem for the school. While the challenge in most classes was getting the " @@ -2624,8 +2736,8 @@ msgid "" "about—learning how to express themselves." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2045 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2121 msgid "" "Using whatever \"free web stuff they could find,\" and relatively simple " "tools to enable the kids to mix \"image, sound, and text,\" Barish said this " @@ -2638,14 +2750,14 @@ msgid "" "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 these ideas can be expressed " -"well. The power of this message depended upon its connection to this form of " -"expression." +"well. Yet neither is text a form in which <emphasis>these</emphasis> ideas " +"can be expressed well. The power of this message depended upon its " +"connection to this form of expression." msgstr "" #. PAGE BREAK 52 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2064 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2140 msgid "" "\"But isn't education about teaching kids to write?\" I asked. In part, of " "course, it is. But why are we teaching kids to write? Education, Daley " @@ -2656,8 +2768,8 @@ msgid "" "in the most moving part of our interview," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:2075 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:2151 msgid "" "What you want is to give these students ways of constructing meaning. If all " "you give them is text, they're not going to do it. Because they can't. You " @@ -2671,14 +2783,14 @@ msgid "" "do, let's talk about this issue. Play for me music that you think reflects " "that, or show me images that you think reflect that, or draw for me " "something that reflects that.\" Not by giving a kid a video camera and " -". . . saying, \"Let's go have fun with the video camera and make a little " +"… saying, \"Let's go have fun with the video camera and make a little " "movie.\" But instead, really help you take these elements that you " "understand, that are your language, and construct meaning about the " -"topic. . . ." +"topic. …" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:2094 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:2170 msgid "" "That empowers enormously. And then what happens, of course, is eventually, " "as it has happened in all these classes, they bump up against the fact, \"I " @@ -2688,8 +2800,8 @@ msgid "" msgstr "" #. PAGE BREAK 53 -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:2101 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:2177 msgid "" "Because they needed to. There was a reason for doing it. They needed to say " "something, as opposed to just jumping through your hoops. They actually " @@ -2697,8 +2809,8 @@ msgid "" "to understand that they had a lot of power with this language.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2110 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2186 msgid "" "When two planes crashed into the World Trade Center, another into the " "Pentagon, and a fourth into a Pennsylvania field, all media around the world " @@ -2710,8 +2822,8 @@ msgid "" "assure that the whole world would be watching." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2121 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2197 msgid "" "These retellings had an increasingly familiar feel. There was music scored " "for the intermissions, and fancy graphics that flashed across the " @@ -2721,18 +2833,18 @@ msgid "" "tragedy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:2128 freeculture.xml:7881 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:2204 freeculture.xml:7963 freeculture.xml:8199 msgid "ABC" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:2129 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2205 msgid "CBS" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2131 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2207 msgid "" "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 production as " @@ -2742,14 +2854,14 @@ msgid "" "shows with text. Some offered open letters. There were sound " "recordings. There was anger and frustration. There were attempts to provide " "context. There was, in short, an extraordinary worldwide barn raising, in " -"the sense Mike Godwin uses the term in his book Cyber Rights, around a news " -"event that had captured the attention of the world. There was ABC and CBS, " -"but there was also the Internet." +"the sense Mike Godwin uses the term in his book <citetitle>Cyber " +"Rights</citetitle>, around a news event that had captured the attention of " +"the world. There was ABC and CBS, but there was also the Internet." msgstr "" #. PAGE BREAK 54 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2145 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2221 msgid "" "I don't mean simply to praise the Internet—though I do think the " "people who supported this form of speech should be praised. I mean instead " @@ -2759,8 +2871,8 @@ msgid "" "text." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2155 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2231 msgid "" "But unlike any technology for simply capturing images, the Internet allows " "these creations to be shared with an extraordinary number of people, " @@ -2771,20 +2883,20 @@ msgid "" "practically instantaneously." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2164 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2240 msgid "" "September 11 was not an aberration. It was a beginning. Around the same " "time, a form of communication that has grown dramatically was just beginning " "to come into public consciousness: the Web-log, or blog. The blog is a kind " "of public diary, and within some cultures, 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." +"public way—it's a kind of electronic <citetitle>Jerry " +"Springer</citetitle>, available anywhere in the world." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2173 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2249 msgid "" "But in the United States, blogs have taken on a very different character. " "There are some who use the space simply to talk about their private " @@ -2800,8 +2912,8 @@ msgid "" msgstr "" #. PAGE BREAK 55 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2187 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2263 msgid "" "That's a strong statement. Yet it says as much about our democracy as it " "does about blogs. This is the part of America that is most difficult for " @@ -2813,15 +2925,16 @@ msgid "" msgstr "" #. f15 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2213 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2289 msgid "" -"See, for example, Alexis de Tocqueville, Democracy in America, bk. 1, " -"trans. Henry Reeve (New York: Bantam Books, 2000), ch. 16." +"See, for example, Alexis de Tocqueville, <citetitle>Democracy in " +"America</citetitle>, bk. 1, trans. Henry Reeve (New York: Bantam Books, " +"2000), ch. 16." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2198 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2274 msgid "" "But democracy has never just been about elections. Democracy means rule by " "the people, but rule means something more than mere elections. In our " @@ -2839,15 +2952,15 @@ msgid "" msgstr "" #. f16 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2222 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2298 msgid "" -"Bruce Ackerman and James Fishkin, \"Deliberation Day,\" Journal of Political " -"Philosophy 10 (2) (2002): 129." +"Bruce Ackerman and James Fishkin, \"Deliberation Day,\" <citetitle>Journal " +"of Political Philosophy</citetitle> 10 (2) (2002): 129." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2218 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2294 msgid "" "Yet even this institution flags in American life today. And in its place, " "there is no systematic effort to enable citizen deliberation. Some are " @@ -2858,15 +2971,15 @@ msgid "" msgstr "" #. f17 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2237 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2313 msgid "" -"Cass Sunstein, Republic.com (Princeton: Princeton University Press, 2001), " -"65–80, 175, 182, 183, 192." +"Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton " +"University Press, 2001), 65–80, 175, 182, 183, 192." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2230 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2306 msgid "" "More bizarrely, there is generally not even permission for it to occur. We, " "the most powerful democracy in the world, have developed a strong norm " @@ -2878,8 +2991,8 @@ msgid "" msgstr "" #. PAGE BREAK 56 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2243 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2319 msgid "" "Enter the blog. The blog's very architecture solves one part of this " "problem. People post when they want to post, and people read when they want " @@ -2889,8 +3002,8 @@ msgid "" "needing to gather in a single public place." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2254 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2330 msgid "" "But beyond architecture, blogs also have solved the problem of " "norms. There's no norm (yet) in blog space not to talk about politics. " @@ -2900,13 +3013,13 @@ msgid "" "political cover political issues when the occasion merits." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:2266 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:2342 msgid "Dean, Howard" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2262 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2338 msgid "" "The significance of these blogs is tiny now, though not so tiny. The name " "Howard Dean may well have faded from the 2004 presidential race but for " @@ -2915,20 +3028,20 @@ msgid "" msgstr "" #. f18 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2280 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2356 msgid "" "Noah Shachtman, \"With Incessant Postings, a Pundit Stirs the Pot,\" New " "York Times, 16 January 2003, G5." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:2283 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:2359 msgid "Lott, Trent" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2269 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2345 msgid "" "One direct effect is on stories that had a different life cycle in the " "mainstream media. The Trent Lott affair is an example. When Lott " @@ -2943,8 +3056,8 @@ msgid "" "type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2286 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2362 msgid "" "This different cycle is possible because the same commercial pressures don't " "exist with blogs as with other ventures. Television and newspapers are " @@ -2952,8 +3065,8 @@ msgid "" "readers, they lose revenue. Like sharks, they must move on." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2293 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2369 msgid "" "But bloggers don't have a similar constraint. They can obsess, they can " "focus, they can get serious. If a particular blogger writes a particularly " @@ -2963,14 +3076,14 @@ msgid "" "very democratic process of peer-generated rankings." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:2302 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2378 msgid "Winer, Dave" msgstr "" #. PAGE BREAK 57 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2305 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2381 msgid "" "There's a second way, as well, in which blogs have a different cycle from " "the mainstream press. As Dave Winer, one of the fathers of this movement and " @@ -2982,19 +3095,19 @@ msgid "" "the way.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary> -#: freeculture.xml:2315 freeculture.xml:2368 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:2391 freeculture.xml:2444 msgid "CNN" msgstr "" #. f19 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2323 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2399 msgid "Telephone interview with David Winer, 16 April 2003." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2317 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2393 msgid "" "These conflicts become more important as media becomes more concentrated " "(more on this below). A concentrated media can hide more from the public " @@ -3006,22 +3119,23 @@ msgid "" "uplink with a reporter in Iraq. The New York headquarters was telling the " "reporter over and over that her account of the war was too bleak: She needed " "to offer a more optimistic story. When she told New York that wasn't " -"warranted, they told her that they were writing \"the story.\")" +"warranted, they told her <emphasis>that</emphasis> they were writing \"the " +"story.\")" msgstr "" #. f20 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2341 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2417 msgid "" "John Schwartz, \"Loss of the Shuttle: The Internet; A Wealth of Information " -"Online,\" New York Times, 2 February 2003, A28; Staci D. Kramer, \"Shuttle " -"Disaster Coverage Mixed, but Strong Overall,\" Online Journalism Review, 2 " -"February 2003, available at <ulink " +"Online,\" <citetitle>New York Times</citetitle>, 2 February 2003, A28; Staci " +"D. Kramer, \"Shuttle Disaster Coverage Mixed, but Strong Overall,\" Online " +"Journalism Review, 2 February 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #10</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2333 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2409 msgid "" "Blog space gives amateurs a way to enter the debate—\"amateur\" not in " "the sense of inexperienced, but in the sense of an Olympic athlete, meaning " @@ -3035,22 +3149,23 @@ msgid "" "benefits, and costs, that might entail." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2360 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2436 msgid "" -"See Michael Falcone, \"Does an Editor's Pencil Ruin a Web Log?\" New York " -"Times, 29 September 2003, C4. (\"Not all news organizations have been as " -"accepting of employees who blog. Kevin Sites, a CNN correspondent in Iraq " -"who started a blog about his reporting of the war on March 9, stopped " -"posting 12 days later at his bosses' request. Last year Steve Olafson, a " -"Houston Chronicle reporter, was fired for keeping a personal Web log, " -"published under a pseudonym, that dealt with some of the issues and people " -"he was covering.\") <placeholder type=\"indexterm\" id=\"0\"/>" +"See Michael Falcone, \"Does an Editor's Pencil Ruin a Web Log?\" " +"<citetitle>New York Times</citetitle>, 29 September 2003, C4. (\"Not all " +"news organizations have been as accepting of employees who blog. Kevin " +"Sites, a CNN correspondent in Iraq who started a blog about his reporting of " +"the war on March 9, stopped posting 12 days later at his bosses' " +"request. Last year Steve Olafson, a <citetitle>Houston Chronicle</citetitle> " +"reporter, was fired for keeping a personal Web log, published under a " +"pseudonym, that dealt with some of the issues and people he was covering.\") " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. PAGE BREAK 58 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2353 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2429 msgid "" "Winer is optimistic about the future of journalism infected with " "blogs. \"It's going to become an essential skill,\" Winer predicts, for " @@ -3065,8 +3180,8 @@ msgid "" "down.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2380 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2456 msgid "" "This speech affects democracy. Winer thinks that happens because \"you don't " "have to work for somebody who controls, [for] a gatekeeper.\" That is " @@ -3082,21 +3197,21 @@ msgid "" "something extraordinary to report." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:2396 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:2472 msgid "Brown, John Seely" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2399 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2475 msgid "" "John Seely Brown is the chief scientist of the Xerox Corporation. His work, " -"as his Web site describes it, is \"human learning and . . . the creation of " -"knowledge ecologies for creating . . . innovation.\"" +"as his Web site describes it, is \"human learning and … the creation " +"of knowledge ecologies for creating … innovation.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2404 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2480 msgid "" "Brown thus looks at these technologies of digital creativity a bit " "differently from the perspectives I've sketched so far. I'm sure he would be " @@ -3105,8 +3220,8 @@ msgid "" msgstr "" #. PAGE BREAK 59 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2411 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2487 msgid "" "As Brown believes, we learn by tinkering. When \"a lot of us grew up,\" he " "explains, that tinkering was done \"on motorcycle engines, lawnmower " @@ -3119,8 +3234,8 @@ msgid "" "it. Many get to add to or transform the tinkering of many others." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2424 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2500 msgid "" "The best large-scale example of this kind of tinkering so far is free " "software or open-source software (FS/OSS). FS/OSS is software whose source " @@ -3129,45 +3244,45 @@ msgid "" "technology works can tinker with the code." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2431 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2507 msgid "" "This opportunity creates a \"completely new kind of learning platform,\" as " -"Brown describes. \"As soon as you start doing that, you . . . unleash a " +"Brown describes. \"As soon as you start doing that, you … unleash a " "free collage on the community, so that other people can start looking at " "your code, tinkering with it, trying it out, seeing if they can improve " "it.\" Each effort is a kind of apprenticeship. \"Open source becomes a major " "apprenticeship platform.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2439 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2515 msgid "" "In this process, \"the concrete things you tinker with are abstract. They " "are code.\" Kids are \"shifting to the ability to tinker in the abstract, " "and this tinkering is no longer an isolated activity that you're doing in " -"your garage. You are tinkering with a community platform. . . . You are " +"your garage. You are tinkering with a community platform. … You are " "tinkering with other people's stuff. The more you tinker the more you " "improve.\" The more you improve, the more you learn." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2448 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2524 msgid "" "This same thing happens with content, too. And it happens in the same " "collaborative way when that content is part of the Web. As Brown puts it, " "\"the Web [is] the first medium that truly honors multiple forms of " "intelligence.\" Earlier technologies, such as the typewriter or word " "processors, helped amplify text. But the Web amplifies much more than " -"text. \"The Web . . . says if you are musical, if you are artistic, if you " -"are visual, if you are interested in film . . . [then] there is a lot you " -"can start to do on this medium. [It] can now amplify and honor these " +"text. \"The Web … says if you are musical, if you are artistic, if " +"you are visual, if you are interested in film … [then] there is a lot " +"you can start to do on this medium. [It] can now amplify and honor these " "multiple forms of intelligence.\"" msgstr "" #. PAGE BREAK 60 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2460 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2536 msgid "" "Brown is talking about what Elizabeth Daley, Stephanie Barish, and Just " "Think! teach: that this tinkering with culture teaches as well as " @@ -3175,8 +3290,8 @@ msgid "" "recognition." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2468 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2544 msgid "" "Yet the freedom to tinker with these objects is not guaranteed. Indeed, as " "we'll see through the course of this book, that freedom is increasingly " @@ -3188,46 +3303,48 @@ msgid "" msgstr "" #. f22 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2483 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2560 msgid "" "See, for example, Edward Felten and Andrew Appel, \"Technological Access " -"Control Interferes with Noninfringing Scholarship,\" Communications of the " -"Association for Computer Machinery 43 (2000): 9." +"Control Interferes with Noninfringing Scholarship,\" " +"<citetitle>Communications of the Association for Computer " +"Machinery</citetitle> 43 (2000): 9." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2477 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2553 msgid "" "These restrictions have become the focus of researchers and scholars. " -"Professor Ed Felten of Princeton (whom we'll see more of in chapter 10) has " -"developed a powerful argument in favor of the \"right to tinker\" as it " -"applies to computer science and to knowledge in general.<placeholder " -"type=\"footnote\" id=\"0\"/> But Brown's concern is earlier, or younger, or " -"more fundamental. It is about the learning that kids can do, or can't do, " -"because of the law." +"Professor Ed Felten of Princeton (whom we'll see more of in chapter <xref " +"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>) has developed a " +"powerful argument in favor of the \"right to tinker\" as it applies to " +"computer science and to knowledge in general.<placeholder type=\"footnote\" " +"id=\"0\"/> But Brown's concern is earlier, or younger, or more " +"fundamental. It is about the learning that kids can do, or can't do, because " +"of the law." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2491 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2568 msgid "" "\"This is where education in the twenty-first century is going,\" Brown " "explains. We need to \"understand how kids who grow up digital think and " "want to learn.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2496 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2573 msgid "" "\"Yet,\" as Brown continued, and as the balance of this book will evince, " "\"we are building a legal system that completely suppresses the natural " -"tendencies of today's digital kids. . . . We're building an architecture " +"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.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2504 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2581 msgid "" "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 " @@ -3235,20 +3352,21 @@ msgid "" "that technology." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2510 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2587 msgid "" "\"No way to run a culture,\" as Brewster Kahle, whom we'll meet in chapter " -"9, quipped to me in a rare moment of despondence." +"<xref xrefstyle=\"select: labelnumber\" linkend=\"collectors\"/>, quipped to " +"me in a rare moment of despondence." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:2516 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:2594 msgid "CHAPTER THREE: Catalogs" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2518 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2596 msgid "" "In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as a " "freshman at Rensselaer Polytechnic Institute, in Troy, New York. His major " @@ -3257,8 +3375,8 @@ msgid "" "available on the RPI network." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2525 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2603 msgid "" "RPI is one of America's foremost technological research institutions. It " "offers degrees in fields ranging from architecture and engineering to " @@ -3268,8 +3386,8 @@ msgid "" "and then build, a generation for the network age." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2533 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2611 msgid "" "RPI's computer network links students, faculty, and administration to one " "another. It also links RPI to the Internet. Not everything available on the " @@ -3279,8 +3397,8 @@ msgid "" msgstr "" #. PAGE BREAK 62 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2540 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2618 msgid "" "Search engines are a measure of a network's intimacy. Google brought the " "Internet much closer to all of us by fantastically improving the quality of " @@ -3292,8 +3410,8 @@ msgid "" "outside the business can't get. Universities do it as well." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2552 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2630 msgid "" "These engines are enabled by the network technology itself. Microsoft, for " "example, has a network file system that makes it very easy for search " @@ -3303,8 +3421,8 @@ msgid "" "system to build an index of all the files available within the RPI network." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2561 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2639 msgid "" "Jesse's wasn't the first search engine built for the RPI network. Indeed, " "his engine was a simple modification of engines that others had built. His " @@ -3317,8 +3435,8 @@ msgid "" "file was still on-line." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2573 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2651 msgid "" "Jesse's engine went on-line in late October. Over the following six months, " "he continued to tweak it to improve its functionality. By March, the system " @@ -3328,8 +3446,8 @@ msgid "" msgstr "" #. PAGE BREAK 63 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2580 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2658 msgid "" "Thus the index his search engine produced included pictures, which students " "could use to put on their own Web sites; copies of notes or research; copies " @@ -3338,8 +3456,8 @@ msgid "" "made available in a public folder of their computer." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2589 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2667 msgid "" "But the index also included music files. In fact, one quarter of the files " "that Jesse's search engine listed were music files. But that means, of " @@ -3355,8 +3473,8 @@ msgid "" "supposed to do." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2604 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2682 msgid "" "On April 3, 2003, Jesse was contacted by the dean of students at RPI. The " "dean informed Jesse that the Recording Industry Association of America, the " @@ -3366,23 +3484,24 @@ msgid "" "watched the news reports about them, he was increasingly astonished." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2613 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2691 msgid "" -"\"It was absurd,\" he told me. \"I don't think I did anything wrong. . . . " -"I don't think there's anything wrong with the search engine that I ran or " -". . . what I had done to it. I mean, I hadn't modified it in any way that " -"promoted or enhanced the work of pirates. I just modified the search engine " -"in a way that would make it easier to use\"—again, a search engine, " -"which Jesse had not himself built, using the Windows filesharing system, " -"which Jesse had not himself built, to enable members of the RPI community to " -"get access to content, which Jesse had not himself created or posted, and " -"the vast majority of which had nothing to do with music." +"\"It was absurd,\" he told me. \"I don't think I did anything " +"wrong. … I don't think there's anything wrong with the search engine " +"that I ran or … what I had done to it. I mean, I hadn't modified it " +"in any way that promoted or enhanced the work of pirates. I just modified " +"the search engine in a way that would make it easier to use\"—again, a " +"<emphasis>search engine</emphasis>, which Jesse had not himself built, using " +"the Windows filesharing system, which Jesse had not himself built, to enable " +"members of the RPI community to get access to content, which Jesse had not " +"himself created or posted, and the vast majority of which had nothing to do " +"with music." msgstr "" #. PAGE BREAK 64 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2625 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2704 msgid "" "But the RIAA branded Jesse a pirate. They claimed he operated a network and " "had therefore \"willfully\" violated copyright laws. They demanded that he " @@ -3395,16 +3514,16 @@ msgid "" msgstr "" #. f1 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2645 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2727 msgid "" "Tim Goral, \"Recording Industry Goes After Campus P-2-P Networks: Suit " -"Alleges $97.8 Billion in Damages,\" Professional Media Group LCC 6 (2003): " -"5, available at 2003 WL 55179443." +"Alleges $97.8 Billion in Damages,\" <citetitle>Professional Media Group " +"LCC</citetitle> 6 (2003): 5, available at 2003 WL 55179443." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2636 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2715 msgid "" "Similar lawsuits were brought against three other students: one other " "student at RPI, one at Michigan Technical University, and one at " @@ -3412,13 +3531,14 @@ msgid "" "different in detail, the bottom line in each was exactly the same: huge " "demands for \"damages\" that the RIAA claimed it was entitled to. If you " "added up the claims, these four lawsuits were asking courts in the United " -"States to award the plaintiffs close to $100 billion—six times the " -"total profit of the film industry in 2001.<placeholder type=\"footnote\" " +"States to award the plaintiffs close to $100 " +"<emphasis>billion</emphasis>—six times the <emphasis>total</emphasis> " +"profit of the film industry in 2001.<placeholder type=\"footnote\" " "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2651 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2733 msgid "" "Jesse called his parents. They were supportive but a bit frightened. An " "uncle was a lawyer. He began negotiations with the RIAA. They demanded to " @@ -3426,8 +3546,8 @@ msgid "" "other employment. They demanded $12,000 to dismiss the case." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2658 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2740 msgid "" "The RIAA wanted Jesse to admit to doing something wrong. He refused. They " "wanted him to agree to an injunction that would essentially make it " @@ -3440,8 +3560,8 @@ msgid "" msgstr "" #. PAGE BREAK 65 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2669 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2751 msgid "" "Jesse's family was outraged at these claims. They wanted to fight. But " "Jesse's uncle worked to educate the family about the nature of the American " @@ -3452,32 +3572,32 @@ msgid "" "bankrupt." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2679 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2761 msgid "" "So Jesse faced a mafia-like choice: $250,000 and a chance at winning, or " "$12,000 and a settlement." msgstr "" #. f2 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2691 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2773 msgid "" "Occupational Employment Survey, U.S. Dept. of Labor (2001) " "(27–2042—Musicians and Singers). See also National Endowment for " -"the Arts, More Than One in a Blue Moon (2000)." +"the Arts, <citetitle>More Than One in a Blue Moon</citetitle> (2000)." msgstr "" #. f3 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:2699 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:2781 msgid "" -"Douglas Lichtman makes a related point in \"KaZaA and Punishment,\" Wall " -"Street Journal, 10 September 2003, A24." +"Douglas Lichtman makes a related point in \"KaZaA and Punishment,\" " +"<citetitle>Wall Street Journal</citetitle>, 10 September 2003, A24." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2683 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2765 msgid "" "The recording industry insists this is a matter of law and morality. Let's " "put the law aside for a moment and think about the morality. Where is the " @@ -3490,40 +3610,40 @@ msgid "" "for running a search engine?<placeholder type=\"footnote\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2704 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2786 msgid "" "On June 23, Jesse wired his savings to the lawyer working for the RIAA. The " "case against him was then dismissed. And with this, this kid who had " "tinkered a computer into a $15 million lawsuit became an activist:" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:2711 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:2793 msgid "" "I was definitely not an activist [before]. I never really meant to be an " -"activist. . . . [But] I've been pushed into this. In no way did I ever " +"activist. … [But] I've been pushed into this. In no way did I ever " "foresee anything like this, but I think it's just completely absurd what the " "RIAA has done." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2718 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2800 msgid "" "Jesse's parents betray a certain pride in their reluctant activist. As his " "father told me, Jesse \"considers himself very conservative, and so do " -"I. . . . He's not a tree hugger. . . . I think it's bizarre that they would " -"pick on him. But he wants to let people know that they're sending the wrong " -"message. And he wants to correct the record.\"" +"I. … He's not a tree hugger. … I think it's bizarre that they " +"would pick on him. But he wants to let people know that they're sending the " +"wrong message. And he wants to correct the record.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:2727 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:2809 msgid "CHAPTER FOUR: \"Pirates\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:2729 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:2811 msgid "" "If \"piracy\" means using the creative property of others without their " "permission—if \"if value, then right\" is true—then the history " @@ -3533,23 +3653,23 @@ msgid "" "generation's pirates join this generation's country club—until now." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:2737 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:2819 msgid "Film" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2741 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:2823 msgid "" "I am grateful to Peter DiMauro for pointing me to this extraordinary " -"history. See also Siva Vaidhyanathan, Copyrights and Copywrongs, " -"87–93, which details Edison's \"adventures\" with copyright and " -"patent. <placeholder type=\"indexterm\" id=\"0\"/>" +"history. See also Siva Vaidhyanathan, <citetitle>Copyrights and " +"Copywrongs</citetitle>, 87–93, which details Edison's \"adventures\" " +"with copyright and patent. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. PAGE BREAK 67 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2739 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2821 msgid "" "The film industry of Hollywood was built by fleeing pirates.<placeholder " "type=\"footnote\" id=\"0\"/> Creators and directors migrated from the East " @@ -3562,13 +3682,13 @@ msgid "" "demanded." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2757 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2839 msgid "As one commentator tells one part of the story," msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:2761 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:2843 msgid "" "A January 1909 deadline was set for all companies to comply with the " "license. By February, unlicensed outlaws, who referred to themselves as " @@ -3579,13 +3699,13 @@ msgid "" msgstr "" #. f2 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:2781 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:2863 msgid "" -"J. A. Aberdeen, Hollywood Renegades: The Society of Independent Motion " -"Picture Producers (Cobblestone Entertainment, 2000) and expanded texts " -"posted at \"The Edison Movie Monopoly: The Motion Picture Patents Company " -"vs. the Independent Outlaws,\" available at <ulink " +"J. A. Aberdeen, <citetitle>Hollywood Renegades: The Society of Independent " +"Motion Picture Producers</citetitle> (Cobblestone Entertainment, 2000) and " +"expanded texts posted at \"The Edison Movie Monopoly: The Motion Picture " +"Patents Company vs. the Independent Outlaws,\" available at <ulink " "url=\"http://free-culture.cc/notes/\">link #11</ulink>. For a discussion of " "the economic motive behind both these limits and the limits imposed by " "Victor on phonographs, see Randal C. Picker, \"From Edison to the Broadcast " @@ -3594,18 +3714,23 @@ msgid "" "M. Olin Program in Law and Economics, Working Paper No. 159." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><indexterm><primary> -#: freeculture.xml:2792 +#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary> +#: freeculture.xml:2874 +msgid "Fox, William" +msgstr "" + +#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary> +#: freeculture.xml:2875 msgid "General Film Company" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:2793 freeculture.xml:3036 freeculture.xml:4135 freeculture.xml:9483 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:2876 freeculture.xml:3128 freeculture.xml:4227 freeculture.xml:9568 msgid "Picker, Randal C." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:2770 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:2852 msgid "" "With the country experiencing a tremendous expansion in the number of " "nickelodeons, the Patents Company reacted to the independent movement by " @@ -3617,19 +3742,21 @@ msgid "" "exchanges, except for the one owned by the independent William Fox who " "defied the Trust even after his license was revoked.<placeholder " "type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> " -"<placeholder type=\"indexterm\" id=\"2\"/>" +"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" " +"id=\"3\"/>" msgstr "" #. f3 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2803 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:2886 msgid "" -"Marc Wanamaker, \"The First Studios,\" The Silents Majority, archived at " -"<ulink url=\"http://free-culture.cc/notes/\">link #12</ulink>." +"Marc Wanamaker, \"The First Studios,\" <citetitle>The Silents " +"Majority</citetitle>, archived at <ulink " +"url=\"http://free-culture.cc/notes/\">link #12</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2797 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2880 msgid "" "The Napsters of those days, the \"independents,\" were companies like " "Fox. And no less than today, these independents were vigorously resisted. " @@ -3643,8 +3770,8 @@ msgid "" msgstr "" #. PAGE BREAK 68 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2813 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2896 msgid "" "Of course, California grew quickly, and the effective enforcement of federal " "law eventually spread west. But because patents grant the patent holder a " @@ -3653,20 +3780,25 @@ msgid "" "had been born, in part from the piracy of Edison's creative property." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:2824 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:2907 msgid "Recorded Music" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2826 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2909 msgid "" "The record industry was born of another kind of piracy, though to see how " "requires a bit of detail about the way the law regulates music." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2830 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:2913 +msgid "Fourneaux, Henri" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2916 msgid "" "At the time that Edison and Henri Fourneaux invented machines for " "reproducing music (Edison the phonograph, Fourneaux the player piano), the " @@ -3677,13 +3809,13 @@ msgid "" "score, and I would also have to pay for the right to perform it publicly." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:2839 freeculture.xml:2981 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:2925 freeculture.xml:3073 msgid "Beatles" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2841 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2927 msgid "" "But what if I wanted to record \"Happy Mose,\" using Edison's phonograph or " "Fourneaux's player piano? Here the law stumbled. It was clear enough that I " @@ -3701,28 +3833,33 @@ msgid "" "pirate someone else's song without paying its composer anything." msgstr "" -#. PAGE BREAK 69 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2859 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary> +#: freeculture.xml:2950 freeculture.xml:2967 +msgid "Kittredge, Alfred" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2946 msgid "" "The composers (and publishers) were none too happy about this capacity to " -"pirate. As South Dakota senator Alfred Kittredge put it," +"pirate. As South Dakota senator Alfred Kittredge put it, <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" -#. f4 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:2873 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:2961 msgid "" "To Amend and Consolidate the Acts Respecting Copyright: Hearings on S. 6330 " "and H.R. 19853 Before the ( Joint) Committees on Patents, 59th Cong. 59, 1st " "sess. (1906) (statement of Senator Alfred B. Kittredge, of South Dakota, " -"chairman), reprinted in Legislative History of the Copyright Act, E. Fulton " -"Brylawski and Abe Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, " -"1976)." +"chairman), reprinted in <citetitle>Legislative History of the Copyright " +"Act</citetitle>, E. Fulton Brylawski and Abe Goldman, eds. (South " +"Hackensack, N.J.: Rothman Reprints, 1976). <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:2866 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:2954 msgid "" "Imagine the injustice of the thing. A composer writes a song or an opera. A " "publisher buys at great expense the rights to the same and copyrights " @@ -3733,31 +3870,31 @@ msgid "" msgstr "" #. f5 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2887 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:2976 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 223 (statement of " "Nathan Burkan, attorney for the Music Publishers Association)." msgstr "" #. f6 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2893 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:2982 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 226 (statement of " "Nathan Burkan, attorney for the Music Publishers Association)." msgstr "" #. f7 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2900 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:2989 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 23 (statement of " "John Philip Sousa, composer)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2883 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2972 msgid "" "The innovators who developed the technology to record other people's works " "were \"sponging upon the toil, the work, the talent, and genius of American " @@ -3769,8 +3906,8 @@ msgid "" msgstr "" #. f8 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2913 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3002 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 283–84 " "(statement of Albert Walker, representative of the Auto-Music Perforating " @@ -3778,16 +3915,21 @@ msgid "" msgstr "" #. f9 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2924 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3013 msgid "" "To Amend and Consolidate the Acts Respecting Copyright, 376 (prepared " "memorandum of Philip Mauro, general patent counsel of the American " "Graphophone Company Association)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2905 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:3017 +msgid "American Graphophone Company" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:2994 msgid "" "These arguments have familiar echoes in the wars of our day. So, too, do the " "arguments on the other side. The innovators who developed the player piano " @@ -3800,27 +3942,28 @@ msgid "" "talk about `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.\"<placeholder type=\"footnote\" id=\"1\"/>" +"statute.\"<placeholder type=\"footnote\" id=\"1\"/> <placeholder " +"type=\"indexterm\" id=\"2\"/>" msgstr "" #. PAGE BREAK 70 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2930 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3020 msgid "" -"The law soon resolved this battle in favor of the composer and the recording " -"artist. Congress amended the law to make sure that composers would be paid " -"for the \"mechanical reproductions\" of their music. But rather than simply " -"granting the composer complete control over the right to make mechanical " -"reproductions, Congress gave recording artists a right to record the music, " -"at a price set by Congress, once the composer allowed it to be recorded " -"once. This is the part of copyright law that makes cover songs " -"possible. Once a composer authorizes a recording of his song, others are " -"free to record the same song, so long as they pay the original composer a " -"fee set by the law." +"The law soon resolved this battle in favor of the composer " +"<emphasis>and</emphasis> the recording artist. Congress amended the law to " +"make sure that composers would be paid for the \"mechanical reproductions\" " +"of their music. But rather than simply granting the composer complete " +"control over the right to make mechanical reproductions, Congress gave " +"recording artists a right to record the music, at a price set by Congress, " +"once the composer allowed it to be recorded once. This is the part of " +"copyright law that makes cover songs possible. Once a composer authorizes a " +"recording of his song, others are free to record the same song, so long as " +"they pay the original composer a fee set by the law." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2944 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3035 msgid "" "American law ordinarily calls this a \"compulsory license,\" but I will " "refer to it as a \"statutory license.\" A statutory license is a license " @@ -3830,13 +3973,13 @@ msgid "" "statute." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:2959 freeculture.xml:13735 +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:3050 freeculture.xml:13866 msgid "Grisham, John" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2952 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3043 msgid "" "This is an exception within the law of copyright. When John Grisham writes a " "novel, a publisher is free to publish that novel only if Grisham gives the " @@ -3848,35 +3991,36 @@ msgid "" msgstr "" #. f10 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:2975 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3067 msgid "" "Copyright Law Revision: Hearings on S. 2499, S. 2900, H.R. 243, and " "H.R. 11794 Before the ( Joint) Committee on Patents, 60th Cong., 1st sess., " "217 (1908) (statement of Senator Reed Smoot, chairman), reprinted in " -"Legislative History of the 1909 Copyright Act, E. Fulton Brylawski and Abe " -"Goldman, eds. (South Hackensack, N.J.: Rothman Reprints, 1976)." +"<citetitle>Legislative History of the 1909 Copyright Act</citetitle>, " +"E. Fulton Brylawski and Abe Goldman, eds. (South Hackensack, N.J.: Rothman " +"Reprints, 1976)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2962 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3053 msgid "" "But the law governing recordings gives recording artists less. And thus, in " -"effect, the law subsidizes the recording industry through a kind of " -"piracy—by giving recording artists a weaker right than it otherwise " -"gives creative authors. The Beatles have less control over their creative " -"work than Grisham does. And the beneficiaries of this less control are the " -"recording industry and the public. The recording industry gets something of " -"value for less than it otherwise would pay; the public gets access to a much " -"wider range of musical creativity. Indeed, Congress was quite explicit about " -"its reasons for granting this right. Its fear was the monopoly power of " -"rights holders, and that that power would stifle follow-on " -"creativity.<placeholder type=\"footnote\" id=\"0\"/> <placeholder " +"effect, the law <emphasis>subsidizes</emphasis> the recording industry " +"through a kind of piracy—by giving recording artists a weaker right " +"than it otherwise gives creative authors. The Beatles have less control over " +"their creative work than Grisham does. And the beneficiaries of this less " +"control are the recording industry and the public. The recording industry " +"gets something of value for less than it otherwise would pay; the public " +"gets access to a much wider range of musical creativity. Indeed, Congress " +"was quite explicit about its reasons for granting this right. Its fear was " +"the monopoly power of rights holders, and that that power would stifle " +"follow-on creativity.<placeholder type=\"footnote\" id=\"0\"/> <placeholder " "type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:2984 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3076 msgid "" "While the recording industry has been quite coy about this recently, " "historically it has been quite a supporter of the statutory license for " @@ -3884,16 +4028,16 @@ msgid "" msgstr "" #. f11 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:3006 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:3098 msgid "" "Copyright Law Revision: Report to Accompany H.R. 2512, House Committee on " "the Judiciary, 90th Cong., 1st sess., House Document no. 83, (8 March " "1967). I am grateful to Glenn Brown for drawing my attention to this report." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:2991 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:3083 msgid "" "the record producers argued vigorously that the compulsory license system " "must be retained. They asserted that the record industry is a " @@ -3909,45 +4053,47 @@ msgid "" "choice.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3013 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3105 msgid "" "By limiting the rights musicians have, by partially pirating their creative " "work, the record producers, and the public, benefit." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:3018 freeculture.xml:4100 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:3110 freeculture.xml:4192 msgid "Radio" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3020 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3112 msgid "Radio was also born of piracy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:3035 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:3127 msgid "Hand, Learned" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3026 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3118 msgid "" -"See 17 United States Code, sections 106 and 110. At the beginning, record " -"companies printed \"Not Licensed for Radio Broadcast\" and other messages " -"purporting to restrict the ability to play a record on a radio station. " -"Judge Learned Hand rejected the argument that a warning attached to a record " -"might restrict the rights of the radio station. See RCA Manufacturing " -"Co. v. Whiteman, 114 F. 2d 86 (2nd Cir. 1940). See also Randal C. Picker, " -"\"From Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and " -"the Propertization of Copyright,\" University of Chicago Law Review 70 " -"(2003): 281. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " -"type=\"indexterm\" id=\"1\"/>" +"See 17 <citetitle>United States Code</citetitle>, sections 106 and 110. At " +"the beginning, record companies printed \"Not Licensed for Radio Broadcast\" " +"and other messages purporting to restrict the ability to play a record on a " +"radio station. Judge Learned Hand rejected the argument that a warning " +"attached to a record might restrict the rights of the radio station. See " +"<citetitle>RCA Manufacturing " +"Co</citetitle>. v. <citetitle>Whiteman</citetitle>, 114 F. 2d 86 (2nd " +"Cir. 1940). See also Randal C. Picker, \"From Edison to the Broadcast Flag: " +"Mechanisms of Consent and Refusal and the Propertization of Copyright,\" " +"<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 281. " +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3023 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3115 msgid "" "When a radio station plays a record on the air, that constitutes a \"public " "performance\" of the composer's work.<placeholder type=\"footnote\" " @@ -3956,28 +4102,29 @@ msgid "" "station thus owes the composer money for that performance." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:3052 freeculture.xml:8578 freeculture.xml:9038 freeculture.xml:11935 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:3145 freeculture.xml:8662 freeculture.xml:9119 freeculture.xml:12035 msgid "Lovett, Lyle" msgstr "" #. PAGE BREAK 72 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3043 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3135 msgid "" "But when the radio station plays a record, it is not only performing a copy " -"of the composer's work. The radio station is also performing a copy of the " -"recording artist's work. It's one thing to have \"Happy Birthday\" sung on " -"the radio by the local children's choir; it's quite another to have it sung " -"by the Rolling Stones or Lyle Lovett. The recording artist is adding to the " -"value of the composition performed on the radio station. And if the law " -"were perfectly consistent, the radio station would have to pay the recording " -"artist for his work, just as it pays the composer of the music for his " -"work. <placeholder type=\"indexterm\" id=\"0\"/>" +"of the <emphasis>composer's</emphasis> work. The radio station is also " +"performing a copy of the <emphasis>recording artist's</emphasis> work. It's " +"one thing to have \"Happy Birthday\" sung on the radio by the local " +"children's choir; it's quite another to have it sung by the Rolling Stones " +"or Lyle Lovett. The recording artist is adding to the value of the " +"composition performed on the radio station. And if the law were perfectly " +"consistent, the radio station would have to pay the recording artist for his " +"work, just as it pays the composer of the music for his work. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3057 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3150 msgid "" "But it doesn't. Under the law governing radio performances, the radio " "station does not have to pay the recording artist. The radio station need " @@ -3986,13 +4133,13 @@ msgid "" "must pay the composer something for the privilege of playing the song." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:3065 freeculture.xml:3549 freeculture.xml:5953 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:3158 freeculture.xml:3654 freeculture.xml:6034 msgid "Madonna" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3068 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3161 msgid "" "This difference can be huge. Imagine you compose a piece of music. Imagine " "it is your first. You own the exclusive right to authorize public " @@ -4000,20 +4147,20 @@ msgid "" "she has to get your permission." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3074 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3167 msgid "" "Imagine she does sing your song, and imagine she likes it a lot. She then " "decides to make a recording of your song, and it becomes a top hit. Under " "our law, every time a radio station plays your song, you get some money. But " "Madonna gets nothing, save the indirect effect on the sale of her CDs. The " "public performance of her recording is not a \"protected\" right. The radio " -"station thus gets to pirate the value of Madonna's work without paying her " -"anything." +"station thus gets to <emphasis>pirate</emphasis> the value of Madonna's work " +"without paying her anything." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3084 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3178 msgid "" "No doubt, one might argue that, on balance, the recording artists " "benefit. On average, the promotion they get is worth more than the " @@ -4023,19 +4170,19 @@ msgid "" "nothing." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:3093 freeculture.xml:4106 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:3187 freeculture.xml:4198 msgid "Cable TV" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3096 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3190 msgid "Cable TV was also born of a kind of piracy." msgstr "" #. PAGE BREAK 73 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3099 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3193 msgid "" "When cable entrepreneurs first started wiring communities with cable " "television in 1948, most refused to pay broadcasters for the content that " @@ -4046,19 +4193,19 @@ msgid "" "the content it enabled others to give away." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:3109 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3203 msgid "Anello, Douglas" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:3110 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3204 msgid "Burdick, Quentin" msgstr "" #. f13 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3116 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3210 msgid "" "Copyright Law Revision—CATV: Hearing on S. 1006 Before the " "Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee " @@ -4067,15 +4214,15 @@ msgid "" msgstr "" #. f14 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3127 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3221 msgid "" "Copyright Law Revision—CATV, 116 (statement of Douglas A. Anello, " "general counsel of the National Association of Broadcasters)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3112 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3206 msgid "" "Broadcasters and copyright owners were quick to attack this theft. Rosel " "Hyde, chairman of the FCC, viewed the practice as a kind of \"unfair and " @@ -4089,37 +4236,37 @@ msgid "" msgstr "" #. f15 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:3138 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:3232 msgid "" "Copyright Law Revision—CATV, 126 (statement of Ernest W. Jennes, " "general counsel of the Association of Maximum Service Telecasters, Inc.)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:3134 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:3228 msgid "" "The extraordinary thing about the CATV business is that it is the only " "business I know of where the product that is being sold is not paid " "for.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3144 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3238 msgid "Again, the demand of the copyright holders seemed reasonable enough:" msgstr "" #. f16 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:3153 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:3247 msgid "" "Copyright Law Revision—CATV, 169 (joint statement of Arthur B. Krim, " "president of United Artists Corp., and John Sinn, president of United " "Artists Television, Inc.)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:3148 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:3242 msgid "" "All we are asking for is a very simple thing, that people who now take our " "property for nothing pay for it. We are trying to stop piracy and I don't " @@ -4128,62 +4275,62 @@ msgid "" msgstr "" #. f17 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3164 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3258 msgid "" "Copyright Law Revision—CATV, 209 (statement of Charlton Heston, " "president of the Screen Actors Guild)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3160 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3254 msgid "" "These were \"free-ride[rs],\" Screen Actor's Guild president Charlton Heston " "said, who were \"depriving actors of compensation.\"<placeholder " "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3169 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3263 msgid "" "But again, there was another side to the debate. As Assistant Attorney " "General Edwin Zimmerman put it," msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><indexterm><primary> -#: freeculture.xml:3185 freeculture.xml:3187 +#. type: Content of: <book><part><chapter><section><blockquote><para><indexterm><primary> +#: freeculture.xml:3279 freeculture.xml:3281 msgid "Zimmerman, Edwin" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:3183 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:3277 msgid "" "Copyright Law Revision—CATV, 216 (statement of Edwin M. Zimmerman, " "acting assistant attorney general). <placeholder type=\"indexterm\" " "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:3174 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:3268 msgid "" "Our point here is that unlike the problem of whether you have any copyright " "protection at all, the problem here is whether copyright holders who are " "already compensated, who already have a monopoly, should be permitted to " -"extend that monopoly. . . . The question here is how much compensation they " -"should have and how far back they should carry their right to " +"extend that monopoly. … The question here is how much compensation " +"they should have and how far back they should carry their right to " "compensation.<placeholder type=\"footnote\" id=\"0\"/> <placeholder " "type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3191 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3285 msgid "" "Copyright owners took the cable companies to court. Twice the Supreme Court " "held that the cable companies owed the copyright owners nothing." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3195 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3289 msgid "" "It took Congress almost thirty years before it resolved the question of " "whether cable companies had to pay for the content they \"pirated.\" In the " @@ -4197,36 +4344,37 @@ msgid "" msgstr "" #. f19 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3212 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3306 msgid "" -"See, for example, National Music Publisher's Association, The Engine of Free " -"Expression: Copyright on the Internet—The Myth of Free Information, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#13</ulink>. \"The threat of piracy—the use of someone else's creative " -"work without permission or compensation—has grown with the Internet.\"" +"See, for example, National Music Publisher's Association, <citetitle>The " +"Engine of Free Expression: Copyright on the Internet—The Myth of Free " +"Information</citetitle>, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #13</ulink>. \"The threat of " +"piracy—the use of someone else's creative work without permission or " +"compensation—has grown with the Internet.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3207 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3301 msgid "" "These separate stories sing a common theme. If \"piracy\" means using value " "from someone else's creative property without permission from that " "creator—as it is increasingly described today<placeholder " -"type=\"footnote\" id=\"0\"/> — then every industry affected by " -"copyright today is the product and beneficiary of a certain kind of " -"piracy. Film, records, radio, cable TV. . . . The list is long and could " -"well be expanded. Every generation welcomes the pirates from the last. Every " -"generation—until now." +"type=\"footnote\" id=\"0\"/> — then <emphasis>every</emphasis> " +"industry affected by copyright today is the product and beneficiary of a " +"certain kind of piracy. Film, records, radio, cable TV. … The list is " +"long and could well be expanded. Every generation welcomes the pirates from " +"the last. Every generation—until now." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:3229 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:3323 msgid "CHAPTER FIVE: \"Piracy\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:3231 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:3325 msgid "" "There is piracy of copyrighted material. Lots of it. This piracy comes in " "many forms. The most significant is commercial piracy, the unauthorized " @@ -4236,8 +4384,8 @@ msgid "" msgstr "" #. PAGE BREAK 76 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:3239 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:3333 msgid "" "But as well as copy-shop piracy, there is another kind of \"taking\" that is " "more directly related to the Internet. That taking, too, seems wrong to " @@ -4248,24 +4396,24 @@ msgid "" "the past." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:3249 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:3343 msgid "Piracy I" msgstr "" #. f1 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3257 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3351 msgid "" -"See IFPI (International Federation of the Phonographic Industry), The " -"Recording Industry Commercial Piracy Report 2003, July 2003, available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #14</ulink>. See also Ben " -"Hunt, \"Companies Warned on Music Piracy Risk,\" Financial Times, 14 " -"February 2003, 11." +"See IFPI (International Federation of the Phonographic Industry), " +"<citetitle>The Recording Industry Commercial Piracy Report 2003</citetitle>, " +"July 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#14</ulink>. See also Ben Hunt, \"Companies Warned on Music Piracy Risk,\" " +"<citetitle>Financial Times</citetitle>, 14 February 2003, 11." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3251 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3345 msgid "" "All across the world, but especially in Asia and Eastern Europe, there are " "businesses that do nothing but take others people's copyrighted content, " @@ -4276,16 +4424,16 @@ msgid "" "loses $3 billion annually worldwide to piracy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3267 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3361 msgid "" "This is piracy plain and simple. Nothing in the argument of this book, nor " "in the argument that most people make when talking about the subject of this " "book, should draw into doubt this simple point: This piracy is wrong." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3273 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3367 msgid "" "Which is not to say that excuses and justifications couldn't be made for " "it. We could, for example, remind ourselves that for the first one hundred " @@ -4296,8 +4444,8 @@ msgid "" "treated as right." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3282 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3376 msgid "" "That excuse isn't terribly strong. Technically, our law did not ban the " "taking of foreign works. It explicitly limited itself to American " @@ -4311,8 +4459,8 @@ msgid "" msgstr "" #. PAGE BREAK 77 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3293 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3387 msgid "" "True, these local rules have, in effect, been imposed upon these " "countries. No country can be part of the world economy and choose not to " @@ -4321,31 +4469,31 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para><footnote><para><indexterm><primary> -#: freeculture.xml:3320 freeculture.xml:12212 freeculture.xml:12641 freeculture.xml:12648 +#: freeculture.xml:3414 freeculture.xml:12315 freeculture.xml:12748 freeculture.xml:12755 msgid "Drahos, Peter" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3306 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3400 msgid "" -"See Peter Drahos with John Braithwaite, Information Feudalism: Who Owns the " -"Knowledge Economy? (New York: The New Press, 2003), 10–13, 209. The " -"Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement " -"obligates member nations to create administrative and enforcement mechanisms " -"for intellectual property rights, a costly proposition for developing " -"countries. Additionally, patent rights may lead to higher prices for staple " -"industries such as agriculture. Critics of TRIPS question the disparity " -"between burdens imposed upon developing countries and benefits conferred to " -"industrialized nations. TRIPS does permit governments to use patents for " -"public, noncommercial uses without first obtaining the patent holder's " -"permission. Developing nations may be able to use this to gain the benefits " -"of foreign patents at lower prices. This is a promising strategy for " -"developing nations within the TRIPS framework. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"See Peter Drahos with John Braithwaite, Information Feudalism: " +"<citetitle>Who Owns the Knowledge Economy?</citetitle> (New York: The New " +"Press, 2003), 10–13, 209. The Trade-Related Aspects of Intellectual " +"Property Rights (TRIPS) agreement obligates member nations to create " +"administrative and enforcement mechanisms for intellectual property rights, " +"a costly proposition for developing countries. Additionally, patent rights " +"may lead to higher prices for staple industries such as agriculture. Critics " +"of TRIPS question the disparity between burdens imposed upon developing " +"countries and benefits conferred to industrialized nations. TRIPS does " +"permit governments to use patents for public, noncommercial uses without " +"first obtaining the patent holder's permission. Developing nations may be " +"able to use this to gain the benefits of foreign patents at lower " +"prices. This is a promising strategy for developing nations within the TRIPS " +"framework. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3301 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3395 msgid "" "If a country is to be treated as a sovereign, however, then its laws are its " "laws regardless of their source. The international law under which these " @@ -4356,25 +4504,26 @@ msgid "" "these nations, this piracy is wrong." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:3340 freeculture.xml:3596 freeculture.xml:14258 +#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:3434 freeculture.xml:3701 freeculture.xml:14397 msgid "Liebowitz, Stan" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3333 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3427 msgid "" "For an analysis of the economic impact of copying technology, see Stan " -"Liebowitz, Rethinking the Network Economy (New York: Amacom, 2002), " -"144–90. \"In some instances . . . the impact of piracy on the " -"copyright holder's ability to appropriate the value of the work will be " -"negligible. One obvious instance is the case where the individual engaging " -"in pirating would not have purchased an original even if pirating were not " -"an option.\" Ibid., 149. <placeholder type=\"indexterm\" id=\"0\"/>" +"Liebowitz, <citetitle>Rethinking the Network Economy</citetitle> (New York: " +"Amacom, 2002), 144–90. \"In some instances … the impact of " +"piracy on the copyright holder's ability to appropriate the value of the " +"work will be negligible. One obvious instance is the case where the " +"individual engaging in pirating would not have purchased an original even if " +"pirating were not an option.\" Ibid., 149. <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3327 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3421 msgid "" "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 to " @@ -4383,8 +4532,8 @@ msgid "" "otherwise would have had.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3344 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3438 msgid "" "This is often true (though I have friends who have purchased many thousands " "of pirated DVDs who certainly have enough money to pay for the content they " @@ -4399,31 +4548,51 @@ msgid "" msgstr "" #. PAGE BREAK 78 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3357 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3451 msgid "" "This argument is still very weak. However, although copyright is a property " -"right of a very special sort, it is a property right. Like all property " -"rights, the copyright gives the owner the right to decide the terms under " -"which content is shared. If the copyright owner doesn't want to sell, she " -"doesn't have to. There are exceptions: important statutory licenses that " -"apply to copyrighted content regardless of the wish of the copyright " -"owner. Those licenses give people the right to \"take\" copyrighted content " -"whether or not the copyright owner wants to sell. But where the law does not " -"give people the right to take content, it is wrong to take that content even " -"if the wrong does no harm. If we have 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." -msgstr "" - -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:3386 +"right of a very special sort, it <emphasis>is</emphasis> a property " +"right. Like all property rights, the copyright gives the owner the right to " +"decide the terms under which content is shared. If the copyright owner " +"doesn't want to sell, she doesn't have to. There are exceptions: important " +"statutory licenses that apply to copyrighted content regardless of the wish " +"of the copyright owner. Those licenses give people the right to \"take\" " +"copyrighted content whether or not the copyright owner wants to sell. But " +"where the law does not give people the right to take content, it is wrong to " +"take that content even if the wrong does no harm. If we have 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." +msgstr "" + +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:3480 freeculture.xml:3508 freeculture.xml:11163 freeculture.xml:12629 freeculture.xml:13181 +msgid "GNU/Linux operating system" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:3481 freeculture.xml:3511 freeculture.xml:11165 freeculture.xml:12630 freeculture.xml:13182 +msgid "Linux operating system" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:3483 +msgid "Microsoft" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><secondary> +#: freeculture.xml:3484 +msgid "Windows operating system of" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:3486 msgid "Windows" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3375 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3469 msgid "" "Finally, we could try to excuse this piracy with the argument that the " "piracy actually helps the copyright owner. When the Chinese \"steal\" " @@ -4435,11 +4604,13 @@ msgid "" "the piracy. If instead of pirating Microsoft Windows, the Chinese used the " "free GNU/Linux operating system, then these Chinese users would not " "eventually be buying Microsoft. Without piracy, then, Microsoft would " -"lose. <placeholder type=\"indexterm\" id=\"0\"/>" +"lose. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> " +"<placeholder type=\"indexterm\" id=\"3\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3389 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3489 msgid "" "This argument, too, is somewhat true. The addiction strategy is a good " "one. Many businesses practice it. Some thrive because of it. Law students, " @@ -4449,8 +4620,18 @@ msgid "" "lawyers (and must pay high subscription fees)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3397 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:3509 +msgid "Internet Explorer" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:3510 +msgid "Netscape" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3497 msgid "" "Still, the argument is not terribly persuasive. We don't give the alcoholic " "a defense when he steals his first beer, merely because that will make it " @@ -4461,12 +4642,15 @@ msgid "" "fight Netscape. A property right means giving the property owner the right " "to say who gets access to what—at least ordinarily. And if the law " "properly balances the rights of the copyright owner with the rights of " -"access, then violating the law is still wrong." +"access, then violating the law is still wrong. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> " +"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" " +"id=\"3\"/>" msgstr "" #. PAGE BREAK 79 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3411 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3515 msgid "" "Thus, while I understand the pull of these justifications for piracy, and I " "certainly see the motivation, in my view, in the end, these efforts at " @@ -4477,8 +4661,8 @@ msgid "" "draw that law into doubt. This form of piracy is flat out wrong." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3421 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3525 msgid "" "But as the examples from the four chapters that introduced this part " "suggest, even if some piracy is plainly wrong, not all \"piracy\" is. Or at " @@ -4489,8 +4673,8 @@ msgid "" "that sense of the term." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3430 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3534 msgid "" "This doesn't mean that there are no questions raised by the latest piracy " "concern, peer-to-peer file sharing. But it does mean that we need to " @@ -4498,8 +4682,8 @@ msgid "" "to the gallows with the charge of piracy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3436 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3540 msgid "" "For (1) like the original Hollywood, p2p sharing escapes an overly " "controlling industry; and (2) like the original recording industry, it " @@ -4507,27 +4691,29 @@ msgid "" "one is selling the content that is shared on p2p services." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3442 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3546 msgid "" "These differences distinguish p2p sharing from true piracy. They should push " "us to find a way to protect artists while enabling this sharing to survive." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:3448 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:3552 msgid "Piracy II" msgstr "" #. f4 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3453 -msgid "Bach v. Longman, 98 Eng. Rep. 1274 (1777)." +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3557 +msgid "" +"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 " +"Eng. Rep. 1274 (1777)." msgstr "" #. PAGE BREAK 80 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3450 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3554 msgid "" "The key to the \"piracy\" that the law aims to quash is a use that \"rob[s] " "the author of [his] profit.\"<placeholder type=\"footnote\" id=\"0\"/> This " @@ -4536,32 +4722,32 @@ msgid "" "alternative to assure the author of his profit." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:3475 freeculture.xml:8012 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:3580 freeculture.xml:8093 msgid "Christensen, Clayton M." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3467 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3571 msgid "" -"See Clayton M. Christensen, The Innovator's Dilemma: The Revolutionary " -"National Bestseller That Changed the Way We Do Business (New York: " -"HarperBusiness, 2000). Professor Christensen examines why companies that " -"give rise to and dominate a product area are frequently unable to come up " -"with the most creative, paradigm-shifting uses for their own products. This " -"job usually falls to outside innovators, who reassemble existing technology " -"in inventive ways. For a discussion of Christensen's ideas, see Lawrence " -"Lessig, Future, 89–92, 139. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"See Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The " +"Revolutionary National Bestseller That Changed the Way We Do " +"Business</citetitle> (New York: HarperBusiness, 2000). Professor Christensen " +"examines why companies that give rise to and dominate a product area are " +"frequently unable to come up with the most creative, paradigm-shifting uses " +"for their own products. This job usually falls to outside innovators, who " +"reassemble existing technology in inventive ways. For a discussion of " +"Christensen's ideas, see Lawrence Lessig, <citetitle>Future</citetitle>, " +"89–92, 139. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:3478 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:3583 msgid "Fanning, Shawn" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3462 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3566 msgid "" "Peer-to-peer sharing was made famous by Napster. But the inventors of the " "Napster technology had not made any major technological innovations. Like " @@ -4572,19 +4758,21 @@ msgid "" msgstr "" #. f6 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3486 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3591 msgid "" -"See Carolyn Lochhead, \"Silicon Valley Dream, Hollywood Nightmare,\" San " -"Francisco Chronicle, 24 September 2002, A1; \"Rock 'n' Roll Suicide,\" New " -"Scientist, 6 July 2002, 42; Benny Evangelista, \"Napster Names CEO, Secures " -"New Financing,\" San Francisco Chronicle, 23 May 2003, C1; \"Napster's " -"Wake-Up Call,\" Economist, 24 June 2000, 23; John Naughton, \"Hollywood at " -"War with the Internet\" (London) Times, 26 July 2002, 18." +"See Carolyn Lochhead, \"Silicon Valley Dream, Hollywood Nightmare,\" " +"<citetitle>San Francisco Chronicle</citetitle>, 24 September 2002, A1; " +"\"Rock 'n' Roll Suicide,\" <citetitle>New Scientist</citetitle>, 6 July " +"2002, 42; Benny Evangelista, \"Napster Names CEO, Secures New Financing,\" " +"<citetitle>San Francisco Chronicle</citetitle>, 23 May 2003, C1; \"Napster's " +"Wake-Up Call,\" <citetitle>Economist</citetitle>, 24 June 2000, 23; John " +"Naughton, \"Hollywood at War with the Internet\" (London) " +"<citetitle>Times</citetitle>, 26 July 2002, 18." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3481 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3586 msgid "" "The result was spontaneous combustion. Launched in July 1999, Napster " "amassed over 10 million users within nine months. After eighteen months, " @@ -4599,41 +4787,42 @@ msgid "" msgstr "" #. f7 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3508 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3613 msgid "" -"See Ipsos-Insight, TEMPO: Keeping Pace with Online Music Distribution " -"(September 2002), reporting that 28 percent of Americans aged twelve and " -"older have downloaded music off of the Internet and 30 percent have listened " -"to digital music files stored on their computers." +"See Ipsos-Insight, <citetitle>TEMPO: Keeping Pace with Online Music " +"Distribution</citetitle> (September 2002), reporting that 28 percent of " +"Americans aged twelve and older have downloaded music off of the Internet " +"and 30 percent have listened to digital music files stored on their " +"computers." msgstr "" #. f8 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3517 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3622 msgid "" -"Amy Harmon, \"Industry Offers a Carrot in Online Music Fight,\" New York " -"Times, 6 June 2003, A1." +"Amy Harmon, \"Industry Offers a Carrot in Online Music Fight,\" " +"<citetitle>New York Times</citetitle>, 6 June 2003, A1." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3502 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3607 msgid "" "According to a number of estimates, a huge proportion of Americans have " "tasted file-sharing technology. A study by Ipsos-Insight in September 2002 " "estimated that 60 million Americans had downloaded music—28 percent of " "Americans older than 12.<placeholder type=\"footnote\" id=\"0\"/> A survey " -"by the NPD group quoted in The New York Times estimated that 43 million " -"citizens used file-sharing networks to exchange content in May " -"2003.<placeholder type=\"footnote\" id=\"1\"/> The vast majority of these " -"are not kids. Whatever the actual figure, a massive quantity of content is " -"being \"taken\" on these networks. The ease and inexpensiveness of " -"file-sharing networks have inspired millions to enjoy music in a way that " -"they hadn't before." +"by the NPD group quoted in <citetitle>The New York Times</citetitle> " +"estimated that 43 million citizens used file-sharing networks to exchange " +"content in May 2003.<placeholder type=\"footnote\" id=\"1\"/> The vast " +"majority of these are not kids. Whatever the actual figure, a massive " +"quantity of content is being \"taken\" on these networks. The ease and " +"inexpensiveness of file-sharing networks have inspired millions to enjoy " +"music in a way that they hadn't before." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3526 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3631 msgid "" "Some of this enjoying involves copyright infringement. Some of it does " "not. And even among the part that is technically copyright infringement, " @@ -4644,15 +4833,15 @@ msgid "" msgstr "" #. PAGE BREAK 81 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3536 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3641 msgid "" "File sharers share different kinds of content. We can divide these different " "kinds into four types." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:3542 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:3647 msgid "" "There are some who use sharing networks as substitutes for purchasing " "content. Thus, when a new Madonna CD is released, rather than buying the CD, " @@ -4664,8 +4853,8 @@ msgid "" msgstr "" #. B. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:3553 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:3658 msgid "" "There are some who use sharing networks to sample music before purchasing " "it. Thus, a friend sends another friend an MP3 of an artist he's not heard " @@ -4677,8 +4866,8 @@ msgid "" msgstr "" #. C. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:3564 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:3669 msgid "" "There are many who use sharing networks to get access to copyrighted content " "that is no longer sold or that they would not have purchased because the " @@ -4696,27 +4885,27 @@ msgstr "" #. PAGE BREAK 82 #. D. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:3581 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:3686 msgid "" "Finally, there are many who use sharing networks to get access to content " "that is not copyrighted or that the copyright owner wants to give away." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3587 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3692 msgid "How do these different types of sharing balance out?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3595 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3700 msgid "" -"See Liebowitz, Rethinking the Network Economy,148–49. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"See Liebowitz, <citetitle>Rethinking the Network Economy</citetitle>, " +"148–49. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3590 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3695 msgid "" "Let's start with some simple but important points. From the perspective of " "the law, only type D sharing is clearly legal. From the perspective of " @@ -4729,8 +4918,8 @@ msgid "" "rhetoric around the issue suggests." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3606 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3711 msgid "" "Whether on balance sharing is harmful depends importantly on how harmful " "type A sharing is. Just as Edison complained about Hollywood, composers " @@ -4740,24 +4929,24 @@ msgid "" msgstr "" #. f10 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3621 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3726 msgid "" -"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 practice of cassette taping in " -"the 1970s, including an advertising campaign featuring a cassette-shape " -"skull and the caption \"Home taping is killing music.\" At the time digital " -"audio tape became a threat, the Office of Technical Assessment conducted a " -"survey of consumer behavior. In 1988, 40 percent of consumers older than ten " -"had taped music to a cassette format. U.S. Congress, Office of Technology " -"Assessment, Copyright and Home Copying: Technology Challenges the Law, " -"OTA-CIT-422 (Washington, D.C.: U.S. Government Printing Office, October " -"1989), 145–56." +"See Cap Gemini Ernst & Young, <citetitle>Technology Evolution and the " +"Music Industry's Business Model Crisis</citetitle> (2003), 3. This report " +"describes the music industry's effort to stigmatize the budding practice of " +"cassette taping in the 1970s, including an advertising campaign featuring a " +"cassette-shape skull and the caption \"Home taping is killing music.\" At " +"the time digital audio tape became a threat, the Office of Technical " +"Assessment conducted a survey of consumer behavior. In 1988, 40 percent of " +"consumers older than ten had taped music to a cassette format. U.S. " +"Congress, Office of Technology Assessment, <citetitle>Copyright and Home " +"Copying: Technology Challenges the Law</citetitle>, OTA-CIT-422 (Washington, " +"D.C.: U.S. Government Printing Office, October 1989), 145–56." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3614 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3719 msgid "" "While the numbers do suggest that sharing is harmful, how harmful is harder " "to reckon. It has long been the recording industry's practice to blame " @@ -4771,36 +4960,37 @@ msgid "" msgstr "" #. f11 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3647 -msgid "U.S. Congress, Copyright and Home Copying, 4." +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3752 +msgid "U.S. Congress, <citetitle>Copyright and Home Copying</citetitle>, 4." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3639 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3744 msgid "" "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 " +"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.\"<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3651 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3756 msgid "" "But just because the industry was wrong before does not mean it is wrong " "today. To evaluate the real threat that p2p sharing presents to the industry " "in particular, and society in general—or at least the society that " "inherits the tradition that gave us the film industry, the record industry, " "the radio industry, cable TV, and the VCR—the question is not simply " -"whether type A sharing is harmful. The question is also how harmful type A " -"sharing is, and how beneficial the other types of sharing are." +"whether type A sharing is harmful. The question is also " +"<emphasis>how</emphasis> harmful type A sharing is, and how beneficial the " +"other types of sharing are." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3661 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3766 msgid "" "We start to answer this question by focusing on the net harm, from the " "standpoint of the industry as a whole, that sharing networks cause. The " @@ -4808,11 +4998,11 @@ msgid "" "sharing exceeds type B. If the record companies sold more records through " "sampling than they lost through substitution, then sharing networks would " "actually benefit music companies on balance. They would therefore have " -"little static reason to resist them." +"little <emphasis>static</emphasis> reason to resist them." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3670 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3777 msgid "" "Could that be true? Could the industry as a whole be gaining because of file " "sharing? Odd as that might sound, the data about CD sales actually suggest " @@ -4820,38 +5010,39 @@ msgid "" msgstr "" #. f12 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3680 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3786 msgid "" -"See Recording Industry Association of America, 2002 Yearend Statistics, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#15</ulink>. A later report indicates even greater losses. See Recording " -"Industry Association of America, Some Facts About Music Piracy, 25 June " -"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#16</ulink>: \"In the past four years, unit shipments of recorded music have " -"fallen by 26 percent from 1.16 billion units in to 860 million units in 2002 " -"in the United States (based on units shipped). In terms of sales, revenues " -"are down 14 percent, from $14.6 billion in to $12.6 billion last year (based " -"on U.S. dollar value of shipments). The music industry worldwide has gone " -"from a $39 billion industry in 2000 down to a $32 billion industry in 2002 " -"(based on U.S. dollar value of shipments).\"" -msgstr "" - -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:3707 +"See Recording Industry Association of America, <citetitle>2002 Yearend " +"Statistics</citetitle>, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #15</ulink>. A later report " +"indicates even greater losses. See Recording Industry Association of " +"America, <citetitle>Some Facts About Music Piracy</citetitle>, 25 June 2003, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #16</ulink>: " +"\"In the past four years, unit shipments of recorded music have fallen by 26 " +"percent from 1.16 billion units in to 860 million units in 2002 in the " +"United States (based on units shipped). In terms of sales, revenues are " +"down 14 percent, from $14.6 billion in to $12.6 billion last year (based on " +"U.S. dollar value of shipments). The music industry worldwide has gone from " +"a $39 billion industry in 2000 down to a $32 billion industry in 2002 (based " +"on U.S. dollar value of shipments).\"" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:3813 msgid "Black, Jane" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3704 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3810 msgid "" "Jane Black, \"Big Music's Broken Record,\" BusinessWeek online, 13 February " "2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " "#17</ulink>. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3676 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3782 msgid "" "In 2002, the RIAA reported that CD sales had fallen by 8.9 percent, from 882 " "million to 803 million units; revenues fell 6.7 percent.<placeholder " @@ -4863,15 +5054,16 @@ msgid "" "prices could account for at least some of the loss. \"From 1999 to 2001, the " "average price of a CD rose 7.2 percent, from $13.04 to $14.19.\"<placeholder " "type=\"footnote\" id=\"1\"/> Competition from other forms of media could " -"also account for some of the decline. As Jane Black of BusinessWeek notes, " -"\"The soundtrack to the film High Fidelity has a list price of $18.98. You " -"could get the whole movie [on DVD] for $19.99.\"<placeholder " -"type=\"footnote\" id=\"2\"/>" +"also account for some of the decline. As Jane Black of " +"<citetitle>BusinessWeek</citetitle> notes, \"The soundtrack to the film " +"<citetitle>High Fidelity</citetitle> has a list price of $18.98. You could " +"get the whole movie [on DVD] for $19.99.\"<placeholder type=\"footnote\" " +"id=\"2\"/>" msgstr "" #. PAGE BREAK 84 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3721 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3828 msgid "" "But let's assume the RIAA is right, and all of the decline in CD sales is " "because of Internet sharing. Here's the rub: In the same period that the " @@ -4881,8 +5073,8 @@ msgid "" "percent." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3730 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3836 msgid "" "There are too many different things happening at the same time to explain " "these numbers definitively, but one conclusion is unavoidable: The recording " @@ -4899,8 +5091,8 @@ msgid "" "CD.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3748 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3851 msgid "" "These are the harms—alleged and perhaps exaggerated but, let's assume, " "real. What of the benefits? File sharing may impose costs on the recording " @@ -4908,8 +5100,8 @@ msgid "" msgstr "" #. f15 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3761 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3863 msgid "" "By one estimate, 75 percent of the music released by the major labels is no " "longer in print. See Online Entertainment and Copyright Law—Coming " @@ -4919,8 +5111,8 @@ msgid "" "url=\"http://free-culture.cc/notes/\">link #18</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3755 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3857 msgid "" "One benefit is type C sharing—making available content that is " "technically still under copyright but is no longer commercially available. " @@ -4930,45 +5122,46 @@ msgid "" "available because the artist producing the content doesn't want it to be " "made available, the vast majority of it is unavailable solely because the " "publisher or the distributor has decided it no longer makes economic sense " -"to the company to make it available." +"<emphasis>to the company</emphasis> to make it available." msgstr "" #. f16 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3786 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3883 msgid "" "While there are not good estimates of the number of used record stores in " "existence, in 2002, there were 7,198 used book dealers in the United States, " -"an increase of 20 percent since 1993. See Book Hunter Press, The Quiet " -"Revolution: The Expansion of the Used Book Market (2002), available at " -"<ulink url=\"http://free-culture.cc/notes/\">link #19</ulink>. Used records " -"accounted for $260 million in sales in 2002. See National Association of " -"Recording Merchandisers, \"2002 Annual Survey Results,\" available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #20</ulink>." +"an increase of 20 percent since 1993. See Book Hunter Press, <citetitle>The " +"Quiet Revolution: The Expansion of the Used Book Market</citetitle> (2002), " +"available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#19</ulink>. Used records accounted for $260 million in sales in 2002. See " +"National Association of Recording Merchandisers, \"2002 Annual Survey " +"Results,\" available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#20</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3780 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3877 msgid "" "In real space—long before the Internet—the market had a simple " "response to this problem: used book and record stores. There are thousands " "of used book and used record stores in America today.<placeholder " "type=\"footnote\" id=\"0\"/> These stores buy content from owners, then sell " "the content they buy. And under American copyright law, when they buy and " -"sell this content, even if the content is still under copyright, the " -"copyright owner doesn't get a dime. Used book and record stores are " -"commercial entities; their owners make 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." +"sell this content, <emphasis>even if the content is still under " +"copyright</emphasis>, the copyright owner doesn't get a dime. Used book and " +"record stores are commercial entities; their owners make 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." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:3807 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:3903 msgid "Bernstein, Leonard" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3809 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3905 msgid "" "Type C sharing, then, is very much like used book stores or used record " "stores. It is different, of course, because the person making the content " @@ -4982,8 +5175,8 @@ msgid "" "available, through cooperative sharing, without competing with the market." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3822 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3918 msgid "" "It may well be, all things considered, that it would be better if the " "copyright owner got something from this trade. But just because it may well " @@ -4994,25 +5187,25 @@ msgid "" msgstr "" #. PAGE BREAK 86 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3830 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3926 msgid "" "Finally, and perhaps most importantly, file-sharing networks enable type D " "sharing to occur—the sharing of content that copyright owners want to " "have shared or for which there is no continuing copyright. This sharing " "clearly benefits authors and society. Science fiction author Cory Doctorow, " -"for example, released his first novel, Down and Out in the Magic Kingdom, " -"both free on-line and in bookstores on the same day. His (and his " -"publisher's) thinking was that the on-line distribution would be a great " -"advertisement for the \"real\" book. People would read part on-line, and " -"then decide whether they liked the book or not. If they liked it, they would " -"be more likely to buy it. Doctorow's content is type D content. If sharing " -"networks enable his work to be spread, then both he and society are better " -"off. (Actually, much better off: It is a great book!)" +"for example, released his first novel, <citetitle>Down and Out in the Magic " +"Kingdom</citetitle>, both free on-line and in bookstores on the same " +"day. His (and his publisher's) thinking was that the on-line distribution " +"would be a great advertisement for the \"real\" book. People would read part " +"on-line, and then decide whether they liked the book or not. If they liked " +"it, they would be more likely to buy it. Doctorow's content is type D " +"content. If sharing networks enable his work to be spread, then both he and " +"society are better off. (Actually, much better off: It is a great book!)" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3847 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3943 msgid "" "Likewise for work in the public domain: This sharing benefits society with " "no legal harm to authors at all. If efforts to solve the problem of type A " @@ -5020,8 +5213,8 @@ msgid "" "important in order to protect type A content." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3853 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3949 msgid "" "The point throughout is this: While the recording industry understandably " "says, \"This is how much we've lost,\" we must also ask, \"How much has " @@ -5029,13 +5222,14 @@ msgid "" "content that otherwise would be unavailable?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3860 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3956 msgid "" "For unlike the piracy I described in the first section of this chapter, much " "of the \"piracy\" that file sharing enables is plainly legal and good. And " -"like the piracy I described in chapter 4, much of this piracy is motivated " -"by a new way of spreading content caused by changes in the technology of " +"like the piracy I described in chapter <xref xrefstyle=\"select: " +"labelnumber\" linkend=\"pirates\"/>, much of this piracy is motivated by a " +"new way of spreading content caused by changes in the technology of " "distribution. Thus, consistent with the tradition that gave us Hollywood, " "radio, the recording industry, and cable TV, the question we should be " "asking about file sharing is how best to preserve its benefits while " @@ -5044,27 +5238,27 @@ msgid "" "balance will be found only with time." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3873 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3970 msgid "" "\"But isn't the war just a war against illegal sharing? Isn't the target " "just what you call type A sharing?\"" msgstr "" #. f17 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:3890 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:3987 msgid "" "See Transcript of Proceedings, In Re: Napster Copyright Litigation at 34- 35 " "(N.D. Cal., 11 July 2001), nos. MDL-00-1369 MHP, C 99-5183 MHP, available at " "<ulink url=\"http://free-culture.cc/notes/\">link #21</ulink>. For an " -"account of the litigation and its toll on Napster, see Joseph Menn, All the " -"Rave: The Rise and Fall of Shawn Fanning's Napster (New York: Crown " -"Business, 2003), 269–82." +"account of the litigation and its toll on Napster, see Joseph Menn, " +"<citetitle>All the Rave: The Rise and Fall of Shawn Fanning's " +"Napster</citetitle> (New York: Crown Business, 2003), 269–82." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3877 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3974 msgid "" "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 beyond that " @@ -5076,8 +5270,8 @@ msgid "" "zero.\"<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3900 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:3998 msgid "" "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 assure " @@ -5090,8 +5284,8 @@ msgid "" "copyright infringements caused by p2p." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3911 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4009 msgid "" "Zero tolerance has not been our history. It has not produced the content " "industry that we know today. The history of American law has been a process " @@ -5102,8 +5296,8 @@ msgid "" "less." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3922 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4018 msgid "" "So, as we've seen, when \"mechanical reproduction\" threatened the interests " "of composers, Congress balanced the rights of composers against the " @@ -5116,8 +5310,8 @@ msgid "" "their claim. An indirect benefit was enough." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3935 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4030 msgid "" "Cable TV followed the pattern of record albums. When the courts rejected the " "claim that cable broadcasters had to pay for the content they rebroadcast, " @@ -5127,8 +5321,8 @@ msgid "" msgstr "" #. PAGE BREAK 88 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3945 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4040 msgid "" "This compromise, like the compromise affecting records and player pianos, " "served two important goals—indeed, the two central goals of any " @@ -5140,17 +5334,18 @@ msgid "" "holders associated with broadcasters would use their power to stifle this " "new technology, cable. But if Congress had permitted cable to use " "broadcasters' content for free, then it would have unfairly subsidized " -"cable. Thus Congress chose a path that would assure compensation without " -"giving the past (broadcasters) control over the future (cable)." +"cable. Thus Congress chose a path that would assure " +"<emphasis>compensation</emphasis> without giving the past (broadcasters) " +"control over the future (cable)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:3963 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:4055 msgid "Betamax" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3965 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4057 msgid "" "In the same year that Congress struck this balance, two major producers and " "distributors of film content filed a lawsuit against another technology, the " @@ -5165,8 +5360,8 @@ msgid "" msgstr "" #. PAGE BREAK 89 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3978 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4070 msgid "" "There was something to Disney's and Universal's claim. Sony did decide to " "design its machine to make it very simple to record television shows. It " @@ -5182,8 +5377,8 @@ msgid "" msgstr "" #. f18 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:4000 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:4092 msgid "" "Copyright Infringements (Audio and Video Recorders): Hearing on S. 1758 " "Before the Senate Committee on the Judiciary, 97th Cong., 1st and 2nd sess., " @@ -5192,29 +5387,29 @@ msgid "" msgstr "" #. f19 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:4012 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:4104 msgid "Copyright Infringements (Audio and Video Recorders), 475." msgstr "" #. f20 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:4017 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:4109 msgid "" -"Universal City Studios, Inc. v. Sony Corp. of America, 480 F. Supp. 429, " -"(C.D. Cal., 1979)." +"<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony " +"Corp. of America</citetitle>, 480 F. Supp. 429, (C.D. Cal., 1979)." msgstr "" #. f21 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:4028 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:4120 msgid "" "Copyright Infringements (Audio and Video Recorders), 485 (testimony of Jack " "Valenti)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:3993 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4085 msgid "" "MPAA president Jack Valenti became the studios' most vocal champion. Valenti " "called VCRs \"tapeworms.\" He warned, \"When there are 20, 30, 40 million of " @@ -5239,15 +5434,20 @@ msgid "" msgstr "" #. f22 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:4044 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:4137 msgid "" -"Universal City Studios, Inc. v. Sony Corp. of America, 659 F. 2d 963 (9th " -"Cir. 1981)." +"<citetitle>Universal City Studios, Inc</citetitle>. v. <citetitle>Sony " +"Corp. of America</citetitle>, 659 F. 2d 963 (9th Cir. 1981)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4033 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:4140 +msgid "Kozinski, Alex" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4125 msgid "" "It took eight years for this case to be resolved by the Supreme Court. In " "the interim, the Ninth Circuit Court of Appeals, which includes Hollywood in " @@ -5256,14 +5456,14 @@ msgid "" "liable for the copyright infringement made possible by its machines. Under " "the Ninth Circuit's rule, this totally familiar technology—which Jack " "Valenti had called \"the Boston Strangler of the American film industry\" " -"(worse yet, it was a Japanese Boston Strangler of the American film " -"industry)—was an illegal technology.<placeholder type=\"footnote\" " -"id=\"0\"/>" +"(worse yet, it was a <emphasis>Japanese</emphasis> Boston Strangler of the " +"American film industry)—was an illegal technology.<placeholder " +"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. PAGE BREAK 90 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4049 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4143 msgid "" "But the Supreme Court reversed the decision of the Ninth Circuit. And in " "its reversal, the Court clearly articulated its understanding of when and " @@ -5271,15 +5471,15 @@ msgid "" msgstr "" #. f23 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:4068 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:4162 msgid "" -"Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 431 " -"(1984)." +"<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City " +"Studios, Inc</citetitle>., 464 U.S. 417, 431 (1984)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:4058 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:4152 msgid "" "Sound policy, as well as history, supports our consistent deference to " "Congress when major technological innovations alter the market for " @@ -5289,8 +5489,8 @@ msgid "" "technology.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4073 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4167 msgid "" "Congress was asked to respond to the Supreme Court's decision. But as with " "the plea of recording artists about radio broadcasts, Congress ignored the " @@ -5299,99 +5499,95 @@ msgid "" "clear:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><title> -#: freeculture.xml:4082 -msgid "Table" -msgstr "" - -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry> -#: freeculture.xml:4086 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:4178 msgid "CASE" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry> -#: freeculture.xml:4087 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:4179 msgid "WHOSE VALUE WAS \"PIRATED\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry> -#: freeculture.xml:4088 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:4180 msgid "RESPONSE OF THE COURTS" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry> -#: freeculture.xml:4089 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:4181 msgid "RESPONSE OF CONGRESS" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4094 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4186 msgid "Recordings" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4095 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4187 msgid "Composers" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4096 freeculture.xml:4108 freeculture.xml:4114 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4188 freeculture.xml:4200 freeculture.xml:4206 msgid "No protection" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4097 freeculture.xml:4109 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4189 freeculture.xml:4201 msgid "Statutory license" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4101 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4193 msgid "Recording artists" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4102 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4194 msgid "N/A" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4103 freeculture.xml:4115 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4195 freeculture.xml:4207 msgid "Nothing" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4107 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4199 msgid "Broadcasters" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4112 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4204 msgid "VCR" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:4113 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:4205 msgid "Film creators" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:4125 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:4217 msgid "" "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, was " "regulated by Congress to minimize the risk of piracy. The remedy Congress " "imposed did burden DAT producers, by taxing tape sales and controlling the " "technology of DAT. See Audio Home Recording Act of 1992 (Title 17 of the " -"United States Code), Pub. L. No. 102-563, 106 Stat. 4237, codified at 17 " -"U.S.C. §1001. Again, however, this regulation did not 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. <placeholder type=\"indexterm\" " +"<citetitle>United States Code</citetitle>), Pub. L. No. 102-563, 106 Stat. " +"4237, codified at 17 U.S.C. §1001. Again, however, this regulation did not " +"eliminate the opportunity for free riding in the sense I've described. See " +"Lessig, <citetitle>Future</citetitle>, 71. See also Picker, \"From Edison to " +"the Broadcast Flag,\" <citetitle>University of Chicago Law " +"Review</citetitle> 70 (2003): 293–96. <placeholder type=\"indexterm\" " "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4122 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4214 msgid "" "In each case throughout our history, a new technology changed the way " "content was distributed.<placeholder type=\"footnote\" id=\"0\"/> In each " @@ -5400,21 +5596,21 @@ msgid "" msgstr "" #. PAGE BREAK 91 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4142 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4234 msgid "" -"In none of these cases did either the courts or Congress eliminate all free " -"riding. In none of these cases did the courts or Congress insist that the " -"law should assure that the copyright holder get all the value that his " -"copyright created. In every case, the copyright owners complained of " -"\"piracy.\" In every case, Congress acted to recognize some of the " -"legitimacy in the behavior of the \"pirates.\" In each case, Congress " -"allowed some new technology to benefit from content made before. It balanced " -"the interests at stake." +"In <emphasis>none</emphasis> of these cases did either the courts or " +"Congress eliminate all free riding. In <emphasis>none</emphasis> of these " +"cases did the courts or Congress insist that the law should assure that the " +"copyright holder get all the value that his copyright created. In every " +"case, the copyright owners complained of \"piracy.\" In every case, Congress " +"acted to recognize some of the legitimacy in the behavior of the " +"\"pirates.\" In each case, Congress allowed some new technology to benefit " +"from content made before. It balanced the interests at stake." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4154 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4246 msgid "" "When you think across these examples, and the other examples that make up " "the first four chapters of this section, this balance makes sense. Was Walt " @@ -5427,13 +5623,15 @@ msgid "" msgstr "" #. f25 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:4171 -msgid "Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, (1984)." +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:4263 +msgid "" +"<citetitle>Sony Corp. of America</citetitle> v. <citetitle>Universal City " +"Studios, Inc</citetitle>., 464 U.S. 417, (1984)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4166 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4258 msgid "" "We could answer yes to each of these questions, but our tradition has " "answered no. In our tradition, as the Supreme Court has stated, copyright " @@ -5441,13 +5639,13 @@ msgid "" "uses of his work.\"<placeholder type=\"footnote\" id=\"0\"/> Instead, the " "particular uses that the law regulates have been defined by balancing the " "good that comes from granting an exclusive right against the burdens such an " -"exclusive right creates. And this balancing has historically been done after " -"a technology has matured, or settled into the mix of technologies that " -"facilitate the distribution of content." +"exclusive right creates. And this balancing has historically been done " +"<emphasis>after</emphasis> a technology has matured, or settled into the mix " +"of technologies that facilitate the distribution of content." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4183 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4274 msgid "" "We should be doing the same thing today. The technology of the Internet is " "changing quickly. The way people connect to the Internet (wires " @@ -5463,47 +5661,49 @@ msgid "" msgstr "" #. f26 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:4210 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:4298 msgid "" "John Schwartz, \"New Economy: The Attack on Peer-to-Peer Software Echoes " -"Past Efforts,\" New York Times, 22 September 2003, C3." +"Past Efforts,\" <citetitle>New York Times</citetitle>, 22 September 2003, " +"C3." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4200 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4290 msgid "" "This is especially true when a new technology enables a vastly superior mode " "of distribution. And this p2p has done. P2p technologies can be ideally " "efficient in moving content across a widely diverse network. Left to " "develop, they could make the network vastly more efficient. Yet these " -"\"potential public benefits,\" as John Schwartz writes in The New York " -"Times, \"could be delayed in the P2P fight.\"<placeholder type=\"footnote\" " -"id=\"0\"/> Yet when anyone begins to talk about \"balance,\" the copyright " -"warriors raise a different 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 " +"\"potential public benefits,\" as John Schwartz writes in <citetitle>The New " +"York Times</citetitle>, \"could be delayed in the P2P fight.\"<placeholder " +"type=\"footnote\" id=\"0\"/> Yet when anyone begins to talk about " +"\"balance,\" the copyright warriors raise a different argument. \"All this " +"hand waving about balance and incentives,\" they say, \"misses a fundamental " +"point. Our content,\" the warriors insist, \"is our " +"<emphasis>property</emphasis>. 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?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:4224 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:4312 msgid "" -"\"It is our property,\" the warriors insist. \"And it should be protected " -"just as any other property is protected.\"" +"\"It is <emphasis>our property</emphasis>,\" the warriors insist. \"And it " +"should be protected just as any other property is protected.\"" msgstr "" -#. type: Content of: <book><chapter><title> -#: freeculture.xml:4232 +#. type: Content of: <book><part><title> +#: freeculture.xml:4320 msgid "\"PROPERTY\"" msgstr "" #. PAGE BREAK 94 -#. type: Content of: <book><chapter><para> -#: freeculture.xml:4236 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:4325 msgid "" "The copyright warriors are right: A copyright is a kind of property. It can " "be owned and sold, and the law protects against its theft. Ordinarily, the " @@ -5511,31 +5711,31 @@ msgid "" "supply and demand that partially determine the price she can get." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:4243 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:4332 msgid "" "But in ordinary language, to call a copyright a \"property\" right is a bit " "misleading, for the property of copyright is an odd kind of property. " "Indeed, the very idea of property in any idea or any expression is very " "odd. I understand what I am taking when I take the picnic table you put in " "your backyard. I am taking a thing, the picnic table, and after I take it, " -"you don't have it. But what am I taking when I take the good idea you had to " -"put a picnic table in the backyard—by, for example, going to Sears, " -"buying a table, and putting it in my backyard? What is the thing I am taking " -"then?" +"you don't have it. But what am I taking when I take the good " +"<emphasis>idea</emphasis> you had to put a picnic table in the " +"backyard—by, for example, going to Sears, buying a table, and putting " +"it in my backyard? What is the thing I am taking then?" msgstr "" #. f1 -#. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:4268 +#. type: Content of: <book><part><partintro><para><footnote><para> +#: freeculture.xml:4357 msgid "" -"Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in The " -"Writings of Thomas Jefferson, vol. 6 (Andrew A. Lipscomb and Albert Ellery " -"Bergh, eds., 1903), 330, 333–34." +"Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in " +"<citetitle>The Writings of Thomas Jefferson</citetitle>, vol. 6 (Andrew " +"A. Lipscomb and Albert Ellery Bergh, eds., 1903), 330, 333–34." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:4255 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:4344 msgid "" "The point is not just about the thingness of picnic tables versus ideas, " "though that's an important difference. The point instead is that in the " @@ -5550,8 +5750,8 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:4274 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:4363 msgid "" "The exceptions to free use are ideas and expressions within the reach of the " "law of patent and copyright, and a few other domains that I won't discuss " @@ -5560,20 +5760,20 @@ msgid "" msgstr "" #. f2 -#. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:4289 +#. type: Content of: <book><part><partintro><para><footnote><para> +#: freeculture.xml:4376 msgid "" "As the legal realists taught American law, all property rights are " "intangible. A property right is simply a right that an individual has " "against the world to do or not do certain things that may or may not attach " "to a physical object. The right itself is intangible, even if the object to " "which it is (metaphorically) attached is tangible. See Adam Mossoff, \"What " -"Is Property? Putting the Pieces Back Together,\" Arizona Law Review 45 " -"(2003): 373, 429 n. 241." +"Is Property? Putting the Pieces Back Together,\" <citetitle>Arizona Law " +"Review</citetitle> 45 (2003): 373, 429 n. 241." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:4282 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:4371 msgid "" "But how, and to what extent, and in what form—the details, in other " "words—matter. To get a good sense of how this practice of turning the " @@ -5581,8 +5781,8 @@ msgid "" "proper context.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:4302 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:4386 msgid "" "My strategy in doing this will be the same as my strategy in the preceding " "part. I offer four stories to help put the idea of \"copyright material is " @@ -5593,52 +5793,54 @@ msgid "" "from the implications that the copyright warriors would have us draw." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:4316 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:4399 msgid "CHAPTER SIX: Founders" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4318 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4401 msgid "" -"William Shakespeare wrote Romeo and Juliet in 1595. The play was first " -"published in 1597. It was the eleventh major play that Shakespeare had " -"written. He would continue to write plays through 1613, and the plays that " -"he wrote have continued to define Anglo-American culture ever since. So " -"deeply have the works of a sixteenth-century writer seeped into our culture " -"that we often don't even recognize their source. I once overheard someone " -"commenting on Kenneth Branagh's adaptation of Henry V: \"I liked it, but " -"Shakespeare is so full of clichés.\"" +"William Shakespeare wrote <citetitle>Romeo and Juliet</citetitle> in " +"1595. The play was first published in 1597. It was the eleventh major play " +"that Shakespeare had written. He would continue to write plays through 1613, " +"and the plays that he wrote have continued to define Anglo-American culture " +"ever since. So deeply have the works of a sixteenth-century writer seeped " +"into our culture that we often don't even recognize their source. I once " +"overheard someone commenting on Kenneth Branagh's adaptation of Henry V: \"I " +"liked it, but Shakespeare is so full of clichés.\"" msgstr "" #. f1 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4334 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4416 msgid "" "Jacob Tonson is typically remembered for his associations with prominent " "eighteenth-century literary figures, especially John Dryden, and for his " -"handsome \"definitive editions\" of classic works. In addition to Romeo and " -"Juliet, he published an astonishing array of works that still remain at the " -"heart of the English canon, including collected works of Shakespeare, Ben " -"Jonson, John Milton, and John Dryden. See Keith Walker, \"Jacob Tonson, " -"Bookseller,\" American Scholar 61:3 (1992): 424–31." +"handsome \"definitive editions\" of classic works. In addition to " +"<citetitle>Romeo and Juliet</citetitle>, he published an astonishing array " +"of works that still remain at the heart of the English canon, including " +"collected works of Shakespeare, Ben Jonson, John Milton, and John " +"Dryden. See Keith Walker, \"Jacob Tonson, Bookseller,\" <citetitle>American " +"Scholar</citetitle> 61:3 (1992): 424–31." msgstr "" #. f2 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4345 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4427 msgid "" -"Lyman Ray Patterson, Copyright in Historical Perspective (Nashville: " -"Vanderbilt University Press, 1968), 151–52." +"Lyman Ray Patterson, <citetitle>Copyright in Historical " +"Perspective</citetitle> (Nashville: Vanderbilt University Press, 1968), " +"151–52." msgstr "" #. PAGE BREAK 97 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4330 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4412 msgid "" -"In 1774, almost 180 years after Romeo and Juliet was written, the " -"\"copy-right\" for the work was still thought by many to be the exclusive " -"right of a single London publisher, Jacob Tonson.<placeholder " +"In 1774, almost 180 years after <citetitle>Romeo and Juliet</citetitle> was " +"written, the \"copy-right\" for the work was still thought by many to be the " +"exclusive right of a single London publisher, Jacob Tonson.<placeholder " "type=\"footnote\" id=\"0\"/> Tonson was the most prominent of a small group " "of publishers called the Conger<placeholder type=\"footnote\" id=\"1\"/> who " "controlled bookselling in England during the eighteenth century. The Conger " @@ -5649,16 +5851,16 @@ msgid "" "editions was eliminated." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4367 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4449 msgid "" "As Siva Vaidhyanathan nicely argues, it is erroneous to call this a " -"\"copyright law.\" See Vaidhyanathan, Copyrights and Copywrongs, 40. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"\"copyright law.\" See Vaidhyanathan, <citetitle>Copyrights and " +"Copywrongs</citetitle>, 40. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4358 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4440 msgid "" "Now, there's something puzzling about the year 1774 to anyone who knows a " "little about copyright law. The better-known year in the history of " @@ -5667,13 +5869,18 @@ msgid "" "published works would get a copyright term of fourteen years, renewable once " "if the author was alive, and that all works already published by 1710 would " "get a single term of twenty-one additional years.<placeholder " -"type=\"footnote\" id=\"0\"/> Under this law, Romeo and Juliet should have " -"been free in 1731. So why was there any issue about it still being under " -"Tonson's control in 1774?" +"type=\"footnote\" id=\"0\"/> Under this law, <citetitle>Romeo and " +"Juliet</citetitle> should have been free in 1731. So why was there any issue " +"about it still being under Tonson's control in 1774?" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4466 +msgid "Licensing Act (1662)" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4375 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4457 msgid "" "The reason is that the English hadn't yet agreed on what a \"copyright\" " "was—indeed, no one had. At the time the English passed the Statute of " @@ -5682,26 +5889,27 @@ msgid "" "law gave publishers a monopoly over publishing, as a way to make it easier " "for the Crown to control what was published. But after it expired, there " "was no positive law that said that the publishers, or \"Stationers,\" had an " -"exclusive right to print books." +"exclusive right to print books. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4386 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4469 msgid "" -"There was no positive law, but that didn't mean that there was no law. The " -"Anglo-American legal tradition looks to both the words of legislatures and " -"the words of judges to know the rules that are to govern how people are to " -"behave. We call the words from legislatures \"positive law.\" We call the " -"words from judges \"common law.\" The common law sets the background against " -"which legislatures legislate; the legislature, ordinarily, can trump that " -"background only if it passes a law to displace it. And so the real question " -"after the licensing statutes had expired was whether the common law " -"protected a copyright, independent of any positive law." +"There was no <emphasis>positive</emphasis> law, but that didn't mean that " +"there was no law. The Anglo-American legal tradition looks to both the words " +"of legislatures and the words of judges to know the rules that are to govern " +"how people are to behave. We call the words from legislatures \"positive " +"law.\" We call the words from judges \"common law.\" The common law sets the " +"background against which legislatures legislate; the legislature, " +"ordinarily, can trump that background only if it passes a law to displace " +"it. And so the real question after the licensing statutes had expired was " +"whether the common law protected a copyright, independent of any positive " +"law." msgstr "" #. PAGE BREAK 98 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4403 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4481 msgid "" "This question was important to the publishers, or \"booksellers,\" as they " "were called, because there was growing competition from foreign " @@ -5712,8 +5920,8 @@ msgid "" "the Statute of Anne." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4415 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4493 msgid "" "The Statute of Anne granted the author or \"proprietor\" of a book an " "exclusive right to print that book. In an important limitation, however, and " @@ -5723,30 +5931,31 @@ msgid "" "legislature is thought to have believed." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4425 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4502 msgid "" "Now, the thing to puzzle about for a moment is this: Why would Parliament " "limit the exclusive right? Not why would they limit it to the particular " -"limit they set, but why would they limit the right at all?" +"limit they set, but why would they limit the right <emphasis>at " +"all?</emphasis>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4430 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4508 msgid "" "For the booksellers, and the authors whom they represented, had a very " -"strong claim. Take Romeo and Juliet as an example: That play was written by " -"Shakespeare. It was his genius that brought it into the world. He didn't " -"take anybody's property when he created this play (that's a controversial " -"claim, but never mind), and by his creating this play, he didn't make it any " -"harder for others to craft a play. So why is it that the law would ever " -"allow someone else to come along and take Shakespeare's play without his, or " -"his estate's, permission? What reason is there to allow someone else to " -"\"steal\" Shakespeare's work?" +"strong claim. Take <citetitle>Romeo and Juliet</citetitle> as an example: " +"That play was written by Shakespeare. It was his genius that brought it into " +"the world. He didn't take anybody's property when he created this play " +"(that's a controversial claim, but never mind), and by his creating this " +"play, he didn't make it any harder for others to craft a play. So why is it " +"that the law would ever allow someone else to come along and take " +"Shakespeare's play without his, or his estate's, permission? What reason is " +"there to allow someone else to \"steal\" Shakespeare's work?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4442 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4519 msgid "" "The answer comes in two parts. We first need to see something special about " "the notion of \"copyright\" that existed at the time of the Statute of " @@ -5754,8 +5963,8 @@ msgid "" msgstr "" #. PAGE BREAK 99 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4449 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4525 msgid "" "First, about copyright. In the last three hundred years, we have come to " "apply the concept of \"copyright\" ever more broadly. But in 1710, it wasn't " @@ -5763,14 +5972,15 @@ msgid "" "as a very specific set of restrictions: It forbade others from reprinting a " "book. In 1710, the \"copy-right\" was a right to use a particular machine to " "replicate a particular work. It did not go beyond that very narrow right. It " -"did not control any more generally how a work could be used. Today the right " -"includes a 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." +"did not control any more generally how a work could be " +"<emphasis>used</emphasis>. Today the right includes a 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." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4466 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4540 msgid "" "So, for example, even if the copyright to Shakespeare's works were " "perpetual, all that would have meant under the original meaning of the term " @@ -5782,8 +5992,8 @@ msgid "" "course, but also no more." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4478 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4552 msgid "" "Even that limited right was viewed with skepticism by the British. They had " "had a long and ugly experience with \"exclusive rights,\" especially " @@ -5797,8 +6007,8 @@ msgid "" "to deal with the growing monopoly in publishing." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4494 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4568 msgid "" "Thus the \"copy-right,\" when viewed as a monopoly right, was naturally " "viewed as a right that should be limited. (However convincing the claim that " @@ -5810,15 +6020,15 @@ msgid "" msgstr "" #. f4 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4518 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4594 msgid "" -"Philip Wittenberg, The Protection and Marketing of Literary Property (New " -"York: J. Messner, Inc., 1937), 31." +"Philip Wittenberg, <citetitle>The Protection and Marketing of Literary " +"Property</citetitle> (New York: J. Messner, Inc., 1937), 31." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4505 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4579 msgid "" "Second, about booksellers. It wasn't just that the copyright was a " "monopoly. It was also that it was a monopoly held by the booksellers. " @@ -5833,8 +6043,8 @@ msgid "" "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4523 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4599 msgid "" "Many believed the power the booksellers exercised over the spread of " "knowledge was harming that spread, just at the time the Enlightenment was " @@ -5843,8 +6053,8 @@ msgid "" "powerful commercial interests were interfering with that idea." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4532 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4607 msgid "" "To balance this power, Parliament decided to increase competition among " "booksellers, and the simplest way to do that was to spread the wealth of " @@ -5857,8 +6067,8 @@ msgid "" "culture." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4544 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4619 msgid "" "When 1731 (1710 + 21) came along, however, the booksellers were getting " "anxious. They saw the consequences of more competition, and like every " @@ -5869,28 +6079,28 @@ msgid "" "more time." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4553 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4628 msgid "" "Parliament rejected their requests. As one pamphleteer put it, in words that " "echo today," msgstr "" #. f5 -#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para> -#: freeculture.xml:4568 +#. type: Content of: <book><part><chapter><blockquote><para><footnote><para> +#: freeculture.xml:4643 msgid "" "A Letter to a Member of Parliament concerning the Bill now depending in the " "House of Commons, for making more effectual an Act in the Eighth Year of the " "Reign of Queen Anne, entitled, An Act for the Encouragement of Learning, by " "Vesting the Copies of Printed Books in the Authors or Purchasers of such " "Copies, during the Times therein mentioned (London, 1735), in Brief Amici " -"Curiae of Tyler T. Ochoa et al., 8, Eldred v. Ashcroft, 537 U.S. 186 (2003) " -"(No. 01-618)." +"Curiae of Tyler T. Ochoa et al., 8, <citetitle>Eldred</citetitle> " +"v. <citetitle>Ashcroft</citetitle>, 537 U.S. 186 (2003) (No. 01-618)." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:4558 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:4633 msgid "" "I see no Reason for granting a further Term now, which will not hold as well " "for granting it again and again, as often as the Old ones Expire; so that " @@ -5901,8 +6111,8 @@ msgid "" "private Gain of the Booksellers.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4579 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4654 msgid "" "Having failed in Parliament, the publishers turned to the courts in a series " "of cases. Their argument was simple and direct: The Statute of Anne gave " @@ -5918,36 +6128,37 @@ msgid "" "way to protect authors." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4600 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4675 msgid "" -"Lyman Ray Patterson, \"Free Speech, Copyright, and Fair Use,\" Vanderbilt " -"Law Review 40 (1987): 28. For a wonderfully compelling account, see " -"Vaidhyanathan, 37–48. <placeholder type=\"indexterm\" id=\"0\"/>" +"Lyman Ray Patterson, \"Free Speech, Copyright, and Fair Use,\" " +"<citetitle>Vanderbilt Law Review</citetitle> 40 (1987): 28. For a " +"wonderfully compelling account, see Vaidhyanathan, 37–48. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4594 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4669 msgid "" "This was a clever argument, and one that had the support of some of the " "leading jurists of the day. It also displayed extraordinary chutzpah. Until " "then, as law professor Raymond Patterson has put it, \"The publishers " -". . . had as much concern for authors as a cattle rancher has for " +"… had as much concern for authors as a cattle rancher has for " "cattle.\"<placeholder type=\"footnote\" id=\"0\"/> The bookseller didn't " "care squat for the rights of the author. His concern was the monopoly " "profit that the author's work gave." msgstr "" #. f7 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4613 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4688 msgid "" -"For a compelling account, see David Saunders, Authorship and Copyright " -"(London: Routledge, 1992), 62–69." +"For a compelling account, see David Saunders, <citetitle>Authorship and " +"Copyright</citetitle> (London: Routledge, 1992), 62–69." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4609 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4684 msgid "" "The booksellers' argument was not accepted without a fight. The hero of " "this fight was a Scottish bookseller named Alexander Donaldson.<placeholder " @@ -5955,26 +6166,31 @@ msgid "" msgstr "" #. f8 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4623 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4698 msgid "" -"Mark Rose, Authors and Owners (Cambridge: Harvard University Press, 1993), " -"92." +"Mark Rose, <citetitle>Authors and Owners</citetitle> (Cambridge: Harvard " +"University Press, 1993), 92." msgstr "" #. f9 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4633 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4708 msgid "Ibid., 93." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4635 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4710 +msgid "Boswell, James" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4711 msgid "Erskine, Andrew" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4618 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4693 msgid "" "Donaldson was an outsider to the London Conger. He began his career in " "Edinburgh in 1750. The focus of his business was inexpensive reprints \"of " @@ -5984,19 +6200,20 @@ msgid "" "Scotsmen.\" \"[A]mong them,\" Professor Mark Rose writes, was \"the young " "James Boswell who, together with his friend Andrew Erskine, published an " "anthology of contemporary Scottish poems with Donaldson.\"<placeholder " -"type=\"footnote\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/>" +"type=\"footnote\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> " +"<placeholder type=\"indexterm\" id=\"3\"/>" msgstr "" #. f10 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4644 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4720 msgid "" -"Lyman Ray Patterson, Copyright in Historical Perspective, 167 (quoting " -"Borwell)." +"Lyman Ray Patterson, <citetitle>Copyright in Historical " +"Perspective</citetitle>, 167 (quoting Borwell)." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4638 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4714 msgid "" "When the London booksellers tried to shut down Donaldson's shop in Scotland, " "he responded by moving his shop to London, where he sold inexpensive " @@ -6007,25 +6224,26 @@ msgid "" "the works he was selling had passed out of protection." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4652 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4728 msgid "" "The London booksellers quickly brought suit to block \"piracy\" like " "Donaldson's. A number of actions were successful against the \"pirates,\" " -"the most important early victory being Millar v. Taylor." +"the most important early victory being <citetitle>Millar</citetitle> " +"v. <citetitle>Taylor</citetitle>." msgstr "" #. f11 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4664 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4740 msgid "" "Howard B. Abrams, \"The Historic Foundation of American Copyright Law: " -"Exploding the Myth of Common Law Copyright,\" Wayne Law Review 29 (1983): " -"1152." +"Exploding the Myth of Common Law Copyright,\" <citetitle>Wayne Law " +"Review</citetitle> 29 (1983): 1152." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4657 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4733 msgid "" "Millar was a bookseller who in 1729 had purchased the rights to James " "Thomson's poem \"The Seasons.\" Millar complied with the requirements of the " @@ -6035,8 +6253,8 @@ msgid "" "Statute of Anne notwithstanding.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4673 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4749 msgid "" "Astonishingly to modern lawyers, one of the greatest judges in English " "history, Lord Mansfield, agreed with the booksellers. Whatever protection " @@ -6049,8 +6267,8 @@ msgid "" msgstr "" #. PAGE BREAK 103 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4684 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4760 msgid "" "Considered as a matter of abstract justice—reasoning as if justice " "were just a matter of logical deduction from first " @@ -6064,52 +6282,53 @@ msgid "" "the free culture that we inherited." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4699 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4775 msgid "" "The fight to defend the limits of the Statute of Anne was not to end there, " "however, and it is here that Donaldson enters the mix." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:4702 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:4778 msgid "Beckett, Thomas" msgstr "" #. f12 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4708 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4784 msgid "Ibid., 1156." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4704 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4780 msgid "" "Millar died soon after his victory, so his case was not appealed. His estate " "sold Thomson's poems to a syndicate of printers that included Thomas " "Beckett.<placeholder type=\"footnote\" id=\"0\"/> Donaldson then released an " "unauthorized edition of Thomson's works. Beckett, on the strength of the " -"decision in Millar, got an injunction against Donaldson. Donaldson appealed " -"the case to the House of Lords, which functioned much like our own Supreme " -"Court. In February of 1774, that body had the chance to interpret the " -"meaning of Parliament's limits from sixty years before." +"decision in <citetitle>Millar</citetitle>, got an injunction against " +"Donaldson. Donaldson appealed the case to the House of Lords, which " +"functioned much like our own Supreme Court. In February of 1774, that body " +"had the chance to interpret the meaning of Parliament's limits from sixty " +"years before." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4718 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4794 msgid "" -"As few legal cases ever do, Donaldson v. Beckett drew an enormous amount of " -"attention throughout Britain. Donaldson's lawyers argued that whatever " -"rights may have existed under the common law, the Statute of Anne terminated " -"those rights. After passage of the Statute of Anne, the only legal " -"protection for an exclusive right to control publication came from that " -"statute. Thus, they argued, after the term specified in the Statute of Anne " -"expired, works that had been protected by the statute were no longer " -"protected." +"As few legal cases ever do, <citetitle>Donaldson</citetitle> " +"v. <citetitle>Beckett</citetitle> drew an enormous amount of attention " +"throughout Britain. Donaldson's lawyers argued that whatever rights may have " +"existed under the common law, the Statute of Anne terminated those " +"rights. After passage of the Statute of Anne, the only legal protection for " +"an exclusive right to control publication came from that statute. Thus, they " +"argued, after the term specified in the Statute of Anne expired, works that " +"had been protected by the statute were no longer protected." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4728 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4804 msgid "" "The House of Lords was an odd institution. Legal questions were presented to " "the House and voted upon first by the \"law lords,\" members of special " @@ -6118,8 +6337,8 @@ msgid "" msgstr "" #. PAGE BREAK 104 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4735 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4811 msgid "" "The reports about the law lords' votes are mixed. On some counts, it looks " "as if perpetual copyright prevailed. But there is no ambiguity about how the " @@ -6130,123 +6349,126 @@ msgid "" "domain." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4753 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4829 msgid "Bacon, Francis" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4754 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4830 msgid "Bunyan, John" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4755 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4831 msgid "Johnson, Samuel" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4756 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4832 msgid "Milton, John" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4757 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4833 msgid "Shakespeare, William" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4745 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4821 msgid "" -"\"The public domain.\" Before the case of Donaldson v. Beckett, there was no " -"clear idea of a public domain in England. Before 1774, there was a strong " -"argument that common law copyrights were perpetual. After 1774, the public " -"domain was born. For the first time in Anglo-American history, the legal " -"control over creative works expired, and the greatest works in English " -"history—including those of Shakespeare, Bacon, Milton, Johnson, and " -"Bunyan—were free of legal restraint. <placeholder type=\"indexterm\" " -"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder " -"type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/> " -"<placeholder type=\"indexterm\" id=\"4\"/>" +"\"The public domain.\" Before the case of <citetitle>Donaldson</citetitle> " +"v. <citetitle>Beckett</citetitle>, there was no clear idea of a public " +"domain in England. Before 1774, there was a strong argument that common law " +"copyrights were perpetual. After 1774, the public domain was born. For the " +"first time in Anglo-American history, the legal control over creative works " +"expired, and the greatest works in English history—including those of " +"Shakespeare, Bacon, Milton, Johnson, and Bunyan—were free of legal " +"restraint. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> " +"<placeholder type=\"indexterm\" id=\"3\"/> <placeholder type=\"indexterm\" " +"id=\"4\"/>" msgstr "" #. f13 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4770 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:4846 msgid "Rose, 97." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4760 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4836 msgid "" "It is hard for us to imagine, but this decision by the House of Lords fueled " "an extraordinarily popular and political reaction. In Scotland, where most " "of the \"pirate publishers\" did their work, people celebrated the decision " -"in the streets. As the Edinburgh Advertiser reported, \"No private cause has " -"so much engrossed the attention of the public, and none has been tried " -"before the House of Lords in the decision of which so many individuals were " -"interested.\" \"Great rejoicing in Edinburgh upon victory over literary " -"property: bonfires and illuminations.\"<placeholder type=\"footnote\" " -"id=\"0\"/>" +"in the streets. As the <citetitle>Edinburgh Advertiser</citetitle> reported, " +"\"No private cause has so much engrossed the attention of the public, and " +"none has been tried before the House of Lords in the decision of which so " +"many individuals were interested.\" \"Great rejoicing in Edinburgh upon " +"victory over literary property: bonfires and illuminations.\"<placeholder " +"type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4774 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4850 msgid "" "In London, however, at least among publishers, the reaction was equally " -"strong in the opposite direction. The Morning Chronicle reported:" +"strong in the opposite direction. The <citetitle>Morning " +"Chronicle</citetitle> reported:" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:4780 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:4856 msgid "" -"By the above decision . . . near 200,000 pounds worth of what was honestly " -"purchased at public sale, and which was yesterday thought property is now " -"reduced to nothing. The Booksellers of London and Westminster, many of whom " -"sold estates and houses to purchase Copy-right, are in a manner ruined, and " -"those who after many years industry thought they had acquired a competency " -"to provide for their families now find themselves without a shilling to " -"devise to their successors.<placeholder type=\"footnote\" id=\"0\"/>" +"By the above decision … near 200,000 pounds worth of what was " +"honestly purchased at public sale, and which was yesterday thought property " +"is now reduced to nothing. The Booksellers of London and Westminster, many " +"of whom sold estates and houses to purchase Copy-right, are in a manner " +"ruined, and those who after many years industry thought they had acquired a " +"competency to provide for their families now find themselves without a " +"shilling to devise to their successors.<placeholder type=\"footnote\" " +"id=\"0\"/>" msgstr "" #. PAGE BREAK 105 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4795 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4871 msgid "" "\"Ruined\" is a bit of an exaggeration. But it is not an exaggeration to say " "that the change was profound. The decision of the House of Lords meant that " "the booksellers could no longer control how culture in England would grow " -"and develop. Culture in England was thereafter free. Not in the sense that " -"copyrights would not be respected, for of course, for a limited time after a " -"work was published, the bookseller had an exclusive right to control the " -"publication of that book. And not in the sense that books could be stolen, " -"for even after a copyright expired, you still had to buy the book from " -"someone. But free in the sense that the culture and its growth would no " -"longer be controlled by a small group of publishers. As every free market " -"does, this free market of free culture would grow as the consumers and " -"producers chose. English culture would develop as the many English readers " -"chose to let it develop— chose in the books they bought and wrote; " -"chose in the memes they repeated and endorsed. Chose in a competitive " -"context, not a context in which the choices about what culture is available " -"to people and how they get access to it are made by the few despite the " -"wishes of the many." -msgstr "" - -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4815 +"and develop. Culture in England was thereafter <emphasis>free</emphasis>. " +"Not in the sense that copyrights would not be respected, for of course, for " +"a limited time after a work was published, the bookseller had an exclusive " +"right to control the publication of that book. And not in the sense that " +"books could be stolen, for even after a copyright expired, you still had to " +"buy the book from someone. But <emphasis>free</emphasis> in the sense that " +"the culture and its growth would no longer be controlled by a small group of " +"publishers. As every free market does, this free market of free culture " +"would grow as the consumers and producers chose. English culture would " +"develop as the many English readers chose to let it develop— chose in " +"the books they bought and wrote; chose in the memes they repeated and " +"endorsed. Chose in a <emphasis>competitive context</emphasis>, not a context " +"in which the choices about what culture is available to people and how they " +"get access to it are made by the few despite the wishes of the many." +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4892 msgid "" "At least, this was the rule in a world where the Parliament is antimonopoly, " "resistant to the protectionist pleas of publishers. In a world where the " "Parliament is more pliant, free culture would be less protected." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:4823 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:4900 msgid "CHAPTER SEVEN: Recorders" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4825 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4902 msgid "" "Jon Else is a filmmaker. He is best known for his documentaries and has been " "very successful in spreading his art. He is also a teacher, and as a teacher " @@ -6254,20 +6476,20 @@ msgid "" "met, by accident, two of his students at a dinner party. He was their god.)" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4832 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4909 msgid "" "Else worked on a documentary that I was involved in. At a break, he told me " "a story about the freedom to create with film in America today." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4843 freeculture.xml:4912 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4920 freeculture.xml:4989 msgid "San Francisco Opera" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4837 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4914 msgid "" "In 1990, Else was working on a documentary about Wagner's Ring Cycle. The " "focus was stagehands at the San Francisco Opera. Stagehands are a " @@ -6278,44 +6500,45 @@ msgid "" msgstr "" #. PAGE BREAK 107 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4846 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4923 msgid "" "During one of the performances, Else was shooting some stagehands playing " "checkers. In one corner of the room was a television set. Playing on the " "television set, while the stagehands played checkers and the opera company " -"played Wagner, was The Simpsons. As Else judged it, this touch of cartoon " -"helped capture the flavor of what was special about the scene." +"played Wagner, was <citetitle>The Simpsons</citetitle>. As Else judged it, " +"this touch of cartoon helped capture the flavor of what was special about " +"the scene." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4855 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4932 msgid "" "Years later, when he finally got funding to complete the film, Else " -"attempted to clear the rights for those few seconds of The Simpsons. For of " -"course, those few seconds are copyrighted; and of course, to use copyrighted " -"material you need the permission of the copyright owner, unless \"fair use\" " -"or some other privilege applies." +"attempted to clear the rights for those few seconds of <citetitle>The " +"Simpsons</citetitle>. For of course, those few seconds are copyrighted; and " +"of course, to use copyrighted material you need the permission of the " +"copyright owner, unless \"fair use\" or some other privilege applies." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4867 freeculture.xml:4875 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4944 freeculture.xml:4952 msgid "Gracie Films" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4862 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4939 msgid "" -"Else called Simpsons creator Matt Groening's office to get permission. " -"Groening approved the shot. The shot was a four-and-a-halfsecond image on a " -"tiny television set in the corner of the room. How could it hurt? Groening " -"was happy to have it in the film, but he told Else to contact Gracie Films, " -"the company that produces the program. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"Else called <citetitle>Simpsons</citetitle> creator Matt Groening's office " +"to get permission. Groening approved the shot. The shot was a " +"four-and-a-halfsecond image on a tiny television set in the corner of the " +"room. How could it hurt? Groening was happy to have it in the film, but he " +"told Else to contact Gracie Films, the company that produces the program. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4870 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4947 msgid "" "Gracie Films was okay with it, too, but they, like Groening, wanted to be " "careful. So they told Else to contact Fox, Gracie's parent company. Else " @@ -6325,121 +6548,124 @@ msgid "" "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4878 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4955 msgid "" -"Then, as Else told me, \"two things happened. First we discovered . . . that " -"Matt Groening doesn't own his own creation—or at least that someone " -"[at Fox] believes he doesn't own his own creation.\" And second, Fox " +"Then, as Else told me, \"two things happened. First we discovered … " +"that Matt Groening doesn't own his own creation—or at least that " +"someone [at Fox] believes he doesn't own his own creation.\" 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.\"" +"four-point-five seconds of … entirely unsolicited " +"<citetitle>Simpsons</citetitle> which was in the corner of the shot.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4886 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4963 msgid "" "Else was certain there was a mistake. He worked his way up to someone he " "thought was a vice president for licensing, Rebecca Herrera. He explained " -"to her, \"There must be some mistake here. . . . We're asking for your " +"to her, \"There must be some mistake here. … We're asking for your " "educational rate on this.\" That was the educational rate, Herrera told " "Else. A day or so later, Else called again to confirm what he had been told." msgstr "" #. PAGE BREAK 108 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4894 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4971 msgid "" "\"I wanted to make sure I had my facts straight,\" he told me. \"Yes, you " "have your facts straight,\" she said. It would cost $10,000 to use the clip " -"of The Simpsons in the corner of a shot in a documentary film about Wagner's " -"Ring Cycle. And then, astonishingly, Herrera told Else, \"And if you quote " -"me, I'll turn you over to our attorneys.\" As an assistant to Herrera told " -"Else later on, \"They don't give a shit. They just want the money.\"" +"of <citetitle>The Simpsons</citetitle> in the corner of a shot in a " +"documentary film about Wagner's Ring Cycle. And then, astonishingly, Herrera " +"told Else, \"And if you quote me, I'll turn you over to our attorneys.\" As " +"an assistant to Herrera told Else later on, \"They don't give a shit. They " +"just want the money.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:4913 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:4990 msgid "Day After Trinity, The" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4906 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4983 msgid "" "Else didn't have the money to buy the right to replay what was playing on " "the television backstage at the San Francisco Opera. To reproduce this " "reality was beyond the documentary filmmaker's budget. At the 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. <placeholder type=\"indexterm\" id=\"0\"/> " -"<placeholder type=\"indexterm\" id=\"1\"/>" +"with a clip from another film that he had worked on, <citetitle>The Day " +"After Trinity</citetitle>, from ten years before. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4916 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:4993 msgid "" "There's no doubt that someone, whether Matt Groening or Fox, owns the " -"copyright to The Simpsons. That copyright is their property. To use that " -"copyrighted material thus sometimes requires the permission of the copyright " -"owner. If the use that Else wanted to make of the Simpsons copyright were " -"one of the uses restricted by the law, then he would need to get the " -"permission of the copyright owner before he could use the work in that " -"way. And in a free market, it is the owner of the copyright who gets to set " -"the price for any use that the law says the owner gets to control." +"copyright to <citetitle>The Simpsons</citetitle>. That copyright is their " +"property. To use that copyrighted material thus sometimes requires the " +"permission of the copyright owner. If the use that Else wanted to make of " +"the <citetitle>Simpsons</citetitle> copyright were one of the uses " +"restricted by the law, then he would need to get the permission of the " +"copyright owner before he could use the work in that way. And in a free " +"market, it is the owner of the copyright who gets to set the price for any " +"use that the law says the owner gets to control." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4927 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5004 msgid "" -"For example, \"public performance\" is a use of The Simpsons that the " -"copyright owner gets to control. If you take a selection of favorite " -"episodes, rent a movie theater, and charge for tickets to come see \"My " -"Favorite Simpsons,\" then you need to get permission from the copyright " -"owner. And the copyright owner (rightly, in my view) can charge whatever she " -"wants—$10 or $1,000,000. That's her right, as set by the law." +"For example, \"public performance\" is a use of <citetitle>The " +"Simpsons</citetitle> that the copyright owner gets to control. If you take a " +"selection of favorite episodes, rent a movie theater, and charge for tickets " +"to come see \"My Favorite <citetitle>Simpsons</citetitle>,\" then you need " +"to get permission from the copyright owner. And the copyright owner " +"(rightly, in my view) can charge whatever she wants—$10 or " +"$1,000,000. That's her right, as set by the law." msgstr "" #. f1 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:4939 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:5016 msgid "" "For an excellent argument that such use is \"fair use,\" but that lawyers " "don't permit recognition that it is \"fair use,\" see Richard A. Posner with " -"William F. Patry, \"Fair Use and Statutory Reform in the Wake of Eldred \" " -"(draft on file with author), University of Chicago Law School, 5 August " -"2003." +"William F. Patry, \"Fair Use and Statutory Reform in the Wake of " +"<citetitle>Eldred</citetitle>\" (draft on file with author), University of " +"Chicago Law School, 5 August 2003." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4936 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5013 msgid "" "But when lawyers hear this story about Jon Else and Fox, their first thought " "is \"fair use.\"<placeholder type=\"footnote\" id=\"0\"/> Else's use of just " -"4.5 seconds of an indirect shot of a Simpsons episode is clearly a fair use " -"of The Simpsons—and fair use does not require the permission of " -"anyone." +"4.5 seconds of an indirect shot of a <citetitle>Simpsons</citetitle> episode " +"is clearly a fair use of <citetitle>The Simpsons</citetitle>—and fair " +"use does not require the permission of anyone." msgstr "" #. PAGE BREAK 109 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:4951 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5028 msgid "So I asked Else why he didn't just rely upon \"fair use.\" Here's his reply:" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:4955 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5032 msgid "" -"The Simpsons fiasco was for me a great lesson in the gulf between what " -"lawyers find irrelevant in some abstract sense, and what is crushingly " -"relevant in practice to those of us actually trying to make and broadcast " -"documentaries. I never had any doubt that it was \"clearly fair use\" in an " -"absolute legal sense. But I couldn't rely on the concept in any concrete " -"way. Here's why:" +"The <citetitle>Simpsons</citetitle> fiasco was for me a great lesson in the " +"gulf between what lawyers find irrelevant in some abstract sense, and what " +"is crushingly relevant in practice to those of us actually trying to make " +"and broadcast documentaries. I never had any doubt that it was \"clearly " +"fair use\" in an absolute legal sense. But I couldn't rely on the concept in " +"any concrete way. Here's why:" msgstr "" #. 1. -#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para> -#: freeculture.xml:4965 +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para> +#: freeculture.xml:5042 msgid "" "Before our films can be broadcast, the network requires that we buy Errors " "and Omissions insurance. The carriers require a detailed \"visual cue " @@ -6448,47 +6674,47 @@ msgid "" "grind the application process to a halt." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para><indexterm><primary> -#: freeculture.xml:4982 +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para><indexterm><primary> +#: freeculture.xml:5059 msgid "Lucas, George" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para> -#: freeculture.xml:4973 +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para> +#: freeculture.xml:5050 msgid "" "I probably never should have asked Matt Groening in the first place. But I " "knew (at least from folklore) that Fox had a history of tracking down and " -"stopping unlicensed Simpsons usage, just as George Lucas had a very high " -"profile litigating Star Wars usage. So I decided to play by the book, " -"thinking that we would be granted free or cheap license to four seconds of " -"Simpsons. As a documentary producer working to exhaustion on a shoestring, " -"the last thing I wanted was to risk legal trouble, even nuisance legal " -"trouble, and even to defend a principle. <placeholder type=\"indexterm\" " -"id=\"0\"/>" +"stopping unlicensed <citetitle>Simpsons</citetitle> usage, just as George " +"Lucas had a very high profile litigating <citetitle>Star Wars</citetitle> " +"usage. So I decided to play by the book, thinking that we would be granted " +"free or cheap license to four seconds of <citetitle>Simpsons</citetitle>. As " +"a documentary producer working to exhaustion on a shoestring, the last thing " +"I wanted was to risk legal trouble, even nuisance legal trouble, and even to " +"defend a principle. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. 3. #. PAGE BREAK 110 -#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para> -#: freeculture.xml:4986 +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para> +#: freeculture.xml:5063 msgid "" "I did, in fact, speak with one of your colleagues at Stanford Law School " -". . . who confirmed that it was fair use. He also confirmed that Fox would " -"\"depose and litigate you to within an inch of your life,\" regardless of " -"the merits of my claim. He made clear that it would boil down to who had the " -"bigger legal department and the deeper pockets, me or them." +"… who confirmed that it was fair use. He also confirmed that Fox " +"would \"depose and litigate you to within an inch of your life,\" regardless " +"of the merits of my claim. He made clear that it would boil down to who had " +"the bigger legal department and the deeper pockets, me or them." msgstr "" #. 4. -#. type: Content of: <book><chapter><sect1><blockquote><orderedlist><listitem><para> -#: freeculture.xml:4996 +#. type: Content of: <book><part><chapter><blockquote><orderedlist><listitem><para> +#: freeculture.xml:5073 msgid "" "The question of fair use usually comes up at the end of the project, when we " "are up against a release deadline and out of money." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5003 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5080 msgid "" "In theory, fair use means you need no permission. The theory therefore " "supports free culture and insulates against a permission culture. But in " @@ -6498,8 +6724,8 @@ msgid "" "right aim; practice has defeated the aim." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5011 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5088 msgid "" "This practice shows just how far the law has come from its " "eighteenth-century roots. The law was born as a shield to protect " @@ -6507,23 +6733,23 @@ msgid "" "matured into a sword that interferes with any use, transformative or not." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:5020 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:5097 msgid "CHAPTER EIGHT: Transformers" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:5021 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5098 msgid "Allen, Paul" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:5022 freeculture.xml:5030 freeculture.xml:5041 freeculture.xml:5056 freeculture.xml:5065 freeculture.xml:5070 freeculture.xml:5122 freeculture.xml:5138 freeculture.xml:5161 freeculture.xml:5223 freeculture.xml:9585 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:5099 freeculture.xml:5107 freeculture.xml:5118 freeculture.xml:5133 freeculture.xml:5142 freeculture.xml:5147 freeculture.xml:5199 freeculture.xml:5215 freeculture.xml:5238 freeculture.xml:5301 freeculture.xml:9671 msgid "Alben, Alex" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5024 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5101 msgid "" "In 1993, Alex Alben was a lawyer working at Starwave, Inc. Starwave was an " "innovative company founded by Microsoft cofounder Paul Allen to develop " @@ -6532,8 +6758,8 @@ msgid "" "anticipation of the power of networks." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5032 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5109 msgid "" "Alben had a special interest in new technology. He was intrigued by the " "emerging market for CD-ROM technology—not to distribute film, but to " @@ -6544,8 +6770,8 @@ msgid "" "and interviews with figures important to his career." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5043 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5120 msgid "" "At that time, Eastwood had made more than fifty films, as an actor and as a " "director. Alben began with a series of interviews with Eastwood, asking him " @@ -6554,8 +6780,8 @@ msgid "" msgstr "" #. PAGE BREAK 112 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5050 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5127 msgid "" "That alone would not have made a very interesting product, so Starwave " "wanted to add content from the movies in Eastwood's career: posters, " @@ -6564,8 +6790,8 @@ msgid "" "permission for that content." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5058 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5135 msgid "" "Then Alben and his team decided to include actual film clips. \"Our goal was " "that we were going to have a clip from every one of Eastwood's films,\" " @@ -6574,25 +6800,25 @@ msgid "" "the context of an artistic look at an actor's career.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5067 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5144 msgid "" "Alben brought the idea to Michael Slade, the CEO of Starwave. Slade asked, " "\"Well, what will it take?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary> -#: freeculture.xml:5083 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:5160 msgid "artists" msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><secondary> -#: freeculture.xml:5084 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><secondary> +#: freeculture.xml:5161 msgid "publicity rights on images of" msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:5078 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:5155 msgid "" "Technically, the rights that Alben had to clear were mainly those of " "publicity—rights an artist has to control the commercial exploitation " @@ -6600,8 +6826,8 @@ msgid "" "as this chapter evinces. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5072 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5149 msgid "" "Alben replied, \"Well, we're going to have to clear rights from everyone who " "appears in these films, and the music and everything else that we want to " @@ -6609,8 +6835,8 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5089 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5166 msgid "" "The problem was that neither Alben nor Slade had any idea what clearing " "those rights would mean. Every actor in each of the films could have a claim " @@ -6619,27 +6845,28 @@ msgid "" "Starwave was to do." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5096 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5173 msgid "" "I asked Alben how he dealt with the problem. With an obvious pride in his " "resourcefulness that obscured the obvious bizarreness of his tale, Alben " "recounted just what they did:" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:5102 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5179 msgid "" "So we very mechanically went about looking up the film clips. We made some " "artistic decisions about what film clips to include—of course we were " -"going to use the \"Make my day\" clip from Dirty Harry. But you then need to " -"get the guy on the ground who's wiggling under the gun and you need to get " -"his permission. And then you have to decide what you are going to pay him." +"going to use the \"Make my day\" clip from <citetitle>Dirty " +"Harry</citetitle>. But you then need to get the guy on the ground who's " +"wiggling under the gun and you need to get his permission. And then you " +"have to decide what you are going to pay him." msgstr "" #. PAGE BREAK 113 -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:5111 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5188 msgid "" "We decided that it would be fair if we offered them the dayplayer rate for " "the right to reuse that performance. We're talking about a clip of less than " @@ -6651,8 +6878,8 @@ msgid "" "just started calling people." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5124 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5201 msgid "" "Some actors were glad to help—Donald Sutherland, for example, followed " "up himself to be sure that the rights had been cleared. Others were " @@ -6664,57 +6891,58 @@ msgid "" "Clint Eastwood's career." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5135 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5212 msgid "" -"It was one year later—\"and even then we weren't sure whether we were " -"totally in the clear.\"" +"It was one <emphasis>year</emphasis> later—\"and even then we weren't " +"sure whether we were totally in the clear.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5140 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5217 msgid "" "Alben is proud of his work. The project was the first of its kind and the " "only time he knew of that a team had undertaken such a massive project for " "the purpose of releasing a retrospective." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:5146 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5223 msgid "" "Everyone thought it would be too hard. Everyone just threw up their hands " "and said, \"Oh, my gosh, a film, it's so many copyrights, there's the music, " "there's the screenplay, there's the director, there's the actors.\" But we " "just broke it down. We just put it into its constituent parts and said, " -"\"Okay, there's this many actors, this many directors, . . . this many " +"\"Okay, there's this many actors, this many directors, … this many " "musicians,\" and we just went at it very systematically and cleared the " "rights." msgstr "" #. PAGE BREAK 114 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5158 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5235 msgid "" "And no doubt, the product itself was exceptionally good. Eastwood loved it, " "and it sold very well." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:5162 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5239 msgid "Drucker, Peter" msgstr "" #. f2 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:5170 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:5247 msgid "" -"U.S. Department of Commerce Office of Acquisition Management, Seven Steps to " -"Performance-Based Services Acquisition, available at <ulink " +"U.S. Department of Commerce Office of Acquisition Management, " +"<citetitle>Seven Steps to Performance-Based Services " +"Acquisition</citetitle>, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #22</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5164 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5241 msgid "" "But I pressed Alben about how weird it seems that it would have to take a " "year's work simply to clear rights. No doubt Alben had done this " @@ -6724,40 +6952,40 @@ msgid "" "Alben, that this is the way a new work has to be made?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5178 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5255 msgid "" -"For, as he acknowledged, \"very few . . . have the time and resources, and " -"the will to do this,\" and thus, very few such works would ever be " +"For, as he acknowledged, \"very few … have the time and resources, " +"and the will to do this,\" and thus, very few such works would ever be " "made. Does it make sense, I asked him, from the standpoint of what anybody " "really thought they were ever giving rights for originally, that you would " "have to go clear rights for these kinds of clips?" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:5186 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5263 msgid "" "I don't think so. When an actor renders a performance in a movie, he or she " -"gets paid very well. . . . And then when 30 seconds of that performance is " -"used in a new product that is a retrospective of somebody's career, I don't " -"think that that person . . . should be compensated for that." +"gets paid very well. … And then when 30 seconds of that performance " +"is used in a new product that is a retrospective of somebody's career, I " +"don't think that that person … should be compensated for that." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5194 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5271 msgid "" -"Or at least, is this how the artist should be compensated? Would it make " -"sense, I asked, for there to be some kind of statutory license that someone " -"could pay and be free to make derivative use of clips like this? Did it " -"really make sense that a follow-on creator would have to track down every " -"artist, actor, director, musician, and get explicit permission from each? " -"Wouldn't a lot more be created if the legal part of the creative process " -"could be made to be more clean?" +"Or at least, is this <emphasis>how</emphasis> the artist should be " +"compensated? Would it make sense, I asked, for there to be some kind of " +"statutory license that someone could pay and be free to make derivative use " +"of clips like this? Did it really make sense that a follow-on creator would " +"have to track down every artist, actor, director, musician, and get explicit " +"permission from each? Wouldn't a lot more be created if the legal part of " +"the creative process could be made to be more clean?" msgstr "" #. PAGE BREAK 115 -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:5204 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5282 msgid "" "Absolutely. I think that if there were some fair-licensing " "mechanism—where you weren't subject to hold-ups and you weren't " @@ -6776,8 +7004,8 @@ msgid "" "then it becomes difficult to put one of these things together." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5225 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5303 msgid "" "Alben worked for a big company. His company was backed by some of the " "richest investors in the world. He therefore had authority and access that " @@ -6796,8 +7024,8 @@ msgid "" msgstr "" #. PAGE BREAK 116 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5242 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5320 msgid "" "I've seen the flash of recognition when people get this point, but only a " "few times. The first was at a conference of federal judges in California. " @@ -6807,22 +7035,22 @@ msgid "" "Fairbank, had produced." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5252 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5330 msgid "" "The video was a brilliant collage of film from every period in the twentieth " -"century, all framed around the idea of a 60 Minutes episode. The execution " -"was perfect, down to the sixty-minute stopwatch. The judges loved every " -"minute of it." +"century, all framed around the idea of a <citetitle>60 Minutes</citetitle> " +"episode. The execution was perfect, down to the sixty-minute stopwatch. The " +"judges loved every minute of it." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:5257 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5335 msgid "Nimmer, David" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5259 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5337 msgid "" "When the lights came up, I looked over to my copanelist, David Nimmer, " "perhaps the leading copyright scholar and practitioner in the nation. He had " @@ -6832,13 +7060,13 @@ msgid "" "room?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:5266 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:5344 msgid "Boies, David" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5268 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5346 msgid "" "For of course, the two brilliantly talented creators who made this film " "hadn't done what Alben did. They hadn't spent a year clearing the rights to " @@ -6854,8 +7082,8 @@ msgid "" "couldn't easily do them legally." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5283 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5361 msgid "" "We live in a \"cut and paste\" culture enabled by technology. Anyone " "building a presentation knows the extraordinary freedom that the cut and " @@ -6864,13 +7092,13 @@ msgid "" "your presentation." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5299 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5377 msgid "Camp Chaos" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5290 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5368 msgid "" "But presentations are just a tiny beginning. Using the Internet and its " "archives, musicians are able to string together mixes of sound never before " @@ -6882,8 +7110,8 @@ msgid "" "and music. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5302 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5380 msgid "" "All of these creations are technically illegal. Even if the creators wanted " "to be \"legal,\" the cost of complying with the law is impossibly " @@ -6892,8 +7120,8 @@ msgid "" "rules, it doesn't get released." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5309 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5387 msgid "" "To some, these stories suggest a solution: Let's alter the mix of rights so " "that people are free to build upon our culture. Free to add or mix as they " @@ -6909,8 +7137,8 @@ msgid "" "registers the work." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5324 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5402 msgid "" "Who could possibly object to this? And what reason would there be for " "objecting? We're talking about work that is not now being made; which if " @@ -6919,21 +7147,21 @@ msgid "" msgstr "" #. PAGE BREAK 118 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5330 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5408 msgid "" "In February 2003, DreamWorks studios announced an agreement with Mike Myers, " -"the comic genius of Saturday Night Live and Austin Powers. According to the " -"announcement, Myers and Dream-Works would work together to form a \"unique " -"filmmaking pact.\" Under the agreement, DreamWorks \"will acquire the rights " -"to existing motion picture hits and classics, write new storylines " -"and—with the use of stateof-the-art digital technology—insert " -"Myers and other actors into the film, thereby creating an entirely new piece " -"of entertainment.\"" +"the comic genius of <citetitle>Saturday Night Live</citetitle> and Austin " +"Powers. According to the announcement, Myers and Dream-Works would work " +"together to form a \"unique filmmaking pact.\" Under the agreement, " +"DreamWorks \"will acquire the rights to existing motion picture hits and " +"classics, write new storylines and—with the use of stateof-the-art " +"digital technology—insert Myers and other actors into the film, " +"thereby creating an entirely new piece of entertainment.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5342 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5420 msgid "" "The announcement called this \"film sampling.\" As Myers explained, \"Film " "Sampling is an exciting way to put an original spin on existing films and " @@ -6943,8 +7171,8 @@ msgid "" "anyone can create a way to bring old films to new audiences, it is Mike.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5351 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5429 msgid "" "Spielberg is right. Film sampling by Myers will be brilliant. But if you " "don't think about it, you might miss the truly astonishing point about this " @@ -6956,8 +7184,8 @@ msgid "" "famous—and presumably rich." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5361 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5439 msgid "" "This privilege becomes reserved for two sorts of reasons. The first " "continues the story of the last chapter: the vagueness of \"fair use.\" Much " @@ -6972,13 +7200,13 @@ msgid "" "few." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:5376 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:5454 msgid "CHAPTER NINE: Collectors" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5378 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5456 msgid "" "In April 1996, millions of \"bots\"—computer codes designed to " "\"spider,\" or automatically search the Internet and copy " @@ -6989,8 +7217,8 @@ msgid "" "months, these bits of code took copies of the Internet and stored them." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5387 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5465 msgid "" "By October 2001, the bots had collected more than five years of copies. And " "at a small announcement in Berkeley, California, the archive that these " @@ -7000,26 +7228,26 @@ msgid "" "changed." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5395 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5473 msgid "" "This is the thing about the Internet that Orwell would have appreciated. In " -"the dystopia described in 1984, old newspapers were constantly updated to " -"assure that the current view of the world, approved of by the government, " -"was not contradicted by previous news reports." +"the dystopia described in <citetitle>1984</citetitle>, old newspapers were " +"constantly updated to assure that the current view of the world, approved of " +"by the government, was not contradicted by previous news reports." msgstr "" #. PAGE BREAK 120 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5403 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5481 msgid "" "Thousands of workers constantly reedited the past, meaning there was no way " "ever to know whether the story you were reading today was the story that was " "printed on the date published on the paper." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5408 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5486 msgid "" "It's the same with the Internet. If you go to a Web page today, there's no " "way for you to know whether the content you are reading is the same as the " @@ -7029,8 +7257,8 @@ msgid "" msgstr "" #. f1 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:5421 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:5499 msgid "" "The temptations remain, however. Brewster Kahle reports that the White House " "changes its own press releases without notice. A May 13, 2003, press release " @@ -7039,8 +7267,8 @@ msgid "" "from Brewster Kahle, 1 December 2003." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5415 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5493 msgid "" "Until the Way Back Machine, at least. With the Way Back Machine, and the " "Internet Archive underlying it, you can see what the Internet was. You have " @@ -7049,8 +7277,8 @@ msgid "" "forget.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5429 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5507 msgid "" "We take it for granted that we can go back to see what we remember " "reading. Think about newspapers. If you wanted to study the reaction of your " @@ -7062,20 +7290,21 @@ msgid "" "something close to the truth." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5440 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5518 msgid "" "It is said that those who fail to remember history are doomed to repeat " -"it. That's not quite correct. We all forget history. The key is whether we " -"have a way to go back to rediscover what we forget. More directly, the key " -"is whether an objective past can keep us honest. Libraries help do that, by " -"collecting content and keeping it, for schoolchildren, for researchers, for " -"grandma. A free society presumes this knowedge." +"it. That's not quite correct. We <emphasis>all</emphasis> forget " +"history. The key is whether we have a way to go back to rediscover what we " +"forget. More directly, the key is whether an objective past can keep us " +"honest. Libraries help do that, by collecting content and keeping it, for " +"schoolchildren, for researchers, for grandma. A free society presumes this " +"knowedge." msgstr "" #. PAGE BREAK 121 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5449 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5527 msgid "" "The Internet was an exception to this presumption. Until the Internet " "Archive, there was no way to go back. The Internet was the quintessentially " @@ -7086,8 +7315,8 @@ msgid "" "the Internet—the one kept by the Internet Archive." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5460 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5538 msgid "" "Brewster Kahle is the founder of the Internet Archive. He was a very " "successful Internet entrepreneur after he was a successful computer " @@ -7099,8 +7328,8 @@ msgid "" "was growing at about a billion pages a month." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5470 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5548 msgid "" "The Way Back Machine is the largest archive of human knowledge in human " "history. At the end of 2002, it held \"two hundred and thirty terabytes of " @@ -7119,20 +7348,20 @@ msgid "" msgstr "" #. PAGE BREAK 122 -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:5488 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5566 msgid "" "Do you remember when Dan Quayle was interacting with Murphy Brown? Remember " "that back and forth surreal experience of a politician interacting with a " "fictional television character? If you were a graduate student wanting to " "study that, and you wanted to get those original back and forth exchanges " -"between the two, the 60 Minutes episode that came out after it . . . it " -"would be almost impossible. . . . Those materials are almost " -"unfindable. . . ." +"between the two, the <citetitle>60 Minutes</citetitle> episode that came out " +"after it … it would be almost impossible. … Those materials " +"are almost unfindable. …" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5500 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5578 msgid "" "Why is that? Why is it that the part of our culture that is recorded in " "newspapers remains perpetually accessible, while the part that is recorded " @@ -7142,8 +7371,8 @@ msgid "" "media on twentieth-century America?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5508 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5586 msgid "" "In part, this is because of the law. Early in American copyright law, " "copyright owners were required to deposit copies of their work in " @@ -7153,17 +7382,18 @@ msgid "" msgstr "" #. f2 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:5525 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:5603 msgid "" "Doug Herrick, \"Toward a National Film Collection: Motion Pictures at the " -"Library of Congress,\" Film Library Quarterly 13 nos. 2–3 (1980): 5; " -"Anthony Slide, Nitrate Won't Wait: A History of Film Preservation in the " -"United States ( Jefferson, N.C.: McFarland & Co., 1992), 36." +"Library of Congress,\" <citetitle>Film Library Quarterly</citetitle> 13 " +"nos. 2–3 (1980): 5; Anthony Slide, <citetitle>Nitrate Won't Wait: A " +"History of Film Preservation in the United States</citetitle> ( Jefferson, " +"N.C.: McFarland & Co., 1992), 36." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5516 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5594 msgid "" "These rules applied to film as well. But in 1915, the Library of Congress " "made an exception for film. Film could be copyrighted so long as such " @@ -7175,8 +7405,8 @@ msgid "" "company.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5533 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5611 msgid "" "The same is generally true about television. Television broadcasts were " "originally not copyrighted—there was no way to capture the broadcasts, " @@ -7189,8 +7419,8 @@ msgid "" msgstr "" #. PAGE BREAK 123 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5544 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5622 msgid "" "Kahle was eager to correct this. Before September 11, 2001, he and his " "allies had started capturing television. They selected twenty stations from " @@ -7201,13 +7431,13 @@ msgid "" "from around the world covered the events of that day." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5571 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5649 msgid "Movie Archive" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5555 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5633 msgid "" "Kahle had the same idea with film. Working with Rick Prelinger, whose " "archive of film includes close to 45,000 \"ephemeral films\" (meaning films " @@ -7227,8 +7457,8 @@ msgid "" "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5574 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5652 msgid "" "Here again, Kahle is providing access to a part of our culture that we " "otherwise could not get easily, if at all. It is yet another part of what " @@ -7237,8 +7467,8 @@ msgid "" "by anyone. Therefore, there is no simple way to find them." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5582 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5660 msgid "" "The key here is access, not price. Kahle wants to enable free access to this " "content, but he also wants to enable others to sell access to it. His aim is " @@ -7248,8 +7478,8 @@ msgid "" msgstr "" #. PAGE BREAK 124 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5590 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5668 msgid "" "For here is an idea that we should more clearly recognize. Every bit of " "creative property goes through different \"lives.\" In its first life, if " @@ -7260,8 +7490,8 @@ msgid "" "there would be, many argue, much less creativity." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5602 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5680 msgid "" "After the commercial life of creative property has ended, our tradition has " "always supported a second life as well. A newspaper delivers the news every " @@ -7272,19 +7502,19 @@ msgid "" msgstr "" #. f3 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:5614 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:5692 msgid "" "Dave Barns, \"Fledgling Career in Antique Books: Woodstock Landlord, Bar " -"Owner Starts a New Chapter by Adopting Business,\" Chicago Tribune, 5 " -"September 1997, at Metro Lake 1L. Of books published between 1927 and 1946, " -"only 2.2 percent were in print in 2002. R. Anthony Reese, \"The First Sale " -"Doctrine in the Era of Digital Networks,\" Boston College Law Review 44 " -"(2003): 593 n. 51." +"Owner Starts a New Chapter by Adopting Business,\" <citetitle>Chicago " +"Tribune</citetitle>, 5 September 1997, at Metro Lake 1L. Of books published " +"between 1927 and 1946, only 2.2 percent were in print in 2002. R. Anthony " +"Reese, \"The First Sale Doctrine in the Era of Digital Networks,\" " +"<citetitle>Boston College Law Review</citetitle> 44 (2003): 593 n. 51." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5611 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5689 msgid "" "The same has always been true about books. A book goes out of print very " "quickly (the average today is after about a year<placeholder " @@ -7295,8 +7525,8 @@ msgid "" "extremely important to the spread and stability of culture." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5628 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5706 msgid "" "Yet increasingly, any assumption about a stable second life for creative " "property does not hold true with the most important components of popular " @@ -7309,8 +7539,8 @@ msgid "" msgstr "" #. PAGE BREAK 125 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5639 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5717 msgid "" "For most of the twentieth century, it was economics that made this so. It " "would have been insanely expensive to collect and make accessible all " @@ -7321,8 +7551,8 @@ msgid "" "ephemeral culture; the law had little practical effect." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5651 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5729 msgid "" "Perhaps the single most important feature of the digital revolution is that " "for the first time since the Library of Alexandria, it is feasible to " @@ -7332,8 +7562,8 @@ msgid "" "moving images and sound." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5659 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5737 msgid "" "The scale of this potential archive is something we've never imagined " "before. The Brewster Kahles of our history have dreamed about it; but we are " @@ -7341,41 +7571,41 @@ msgid "" "describes," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:5666 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5744 msgid "" "It looks like there's about two to three million recordings of music. " "Ever. There are about a hundred thousand theatrical releases of movies, " -". . . and about one to two million movies [distributed] during the twentieth " -"century. There are about twenty-six million different titles of books. All " -"of these would fit on computers that would fit in this room and be able to " -"be afforded by a small company. So we're at a turning point in our " -"history. Universal access is the goal. And the opportunity of leading a " -"different life, based on this, is . . . thrilling. It could be one of the " +"… and about one to two million movies [distributed] during the " +"twentieth century. There are about twenty-six million different titles of " +"books. All of these would fit on computers that would fit in this room and " +"be able to be afforded by a small company. So we're at a turning point in " +"our history. Universal access is the goal. And the opportunity of leading a " +"different life, based on this, is … thrilling. It could be one of the " "things humankind would be most proud of. Up there with the Library of " "Alexandria, putting a man on the moon, and the invention of the printing " "press." msgstr "" #. PAGE BREAK 126 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5680 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5758 msgid "" "Kahle is not the only librarian. The Internet Archive is not the only " "archive. But Kahle and the Internet Archive suggest what the future of " -"libraries or archives could be. When the commercial life of creative " -"property ends, I don't know. But it does. And whenever it does, Kahle and " -"his archive hint at a world where this knowledge, and culture, remains " -"perpetually available. Some will draw upon it to understand it; some to " -"criticize it. Some will use it, as Walt Disney did, to re-create the past " -"for the future. These technologies promise something that had become " -"unimaginable for much of our past—a future for our past. The " -"technology of digital arts could make the dream of the Library of Alexandria " -"real again." +"libraries or archives could be. <emphasis>When</emphasis> the commercial " +"life of creative property ends, I don't know. But it does. And whenever it " +"does, Kahle and his archive hint at a world where this knowledge, and " +"culture, remains perpetually available. Some will draw upon it to understand " +"it; some to criticize it. Some will use it, as Walt Disney did, to re-create " +"the past for the future. These technologies promise something that had " +"become unimaginable for much of our past—a future " +"<emphasis>for</emphasis> our past. The technology of digital arts could make " +"the dream of the Library of Alexandria real again." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5695 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5773 msgid "" "Technologists have thus removed the economic costs of building such an " "archive. But lawyers' costs remain. For as much as we might like to call " @@ -7385,18 +7615,23 @@ msgid "" "others would exercise." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:5705 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:5783 msgid "CHAPTER TEN: \"Property\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5714 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5792 msgid "Johnson, Lyndon" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5707 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:5793 freeculture.xml:9443 +msgid "Kennedy, John F." +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5785 msgid "" "Jack Valenti has been the president of the Motion Picture Association of " "America since 1966. He first came to Washington, D.C., with Lyndon Johnson's " @@ -7404,46 +7639,47 @@ msgid "" "on Air Force One after the assassination of President Kennedy has Valenti in " "the background. In his almost forty years of running the MPAA, Valenti has " "established himself as perhaps the most prominent and effective lobbyist in " -"Washington. <placeholder type=\"indexterm\" id=\"0\"/>" +"Washington. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5727 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5806 msgid "Disney, Inc." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5728 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5807 msgid "Sony Pictures Entertainment" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5729 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5808 msgid "MGM" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5730 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5809 msgid "Paramount Pictures" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5731 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5810 msgid "Twentieth Century Fox" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5732 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:5811 msgid "Universal Pictures" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:5733 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:5812 freeculture.xml:7202 msgid "Warner Brothers" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5717 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5796 msgid "" "The MPAA is the American branch of the international Motion Picture " "Association. It was formed in 1922 as a trade association whose goal was to " @@ -7461,8 +7697,8 @@ msgid "" msgstr "" #. PAGE BREAK 128 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5737 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5816 msgid "" "Valenti is only the third president of the MPAA. No president before him has " "had as much influence over that organization, or over Washington. As a " @@ -7475,8 +7711,8 @@ msgid "" "the city in a quintessentially Washingtonian way." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5749 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5828 msgid "" "In defending artistic liberty and the freedom of speech that our culture " "depends upon, the MPAA has done important good. In crafting the MPAA rating " @@ -7487,14 +7723,14 @@ msgid "" "property.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5758 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5837 msgid "In 1982, Valenti's testimony to Congress captured the strategy perfectly:" msgstr "" #. f1 -#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para> -#: freeculture.xml:5772 +#. type: Content of: <book><part><chapter><blockquote><para><footnote><para> +#: freeculture.xml:5851 msgid "" "Home Recording of Copyrighted Works: Hearings on H.R. 4783, H.R. 4794, " "H.R. 4808, H.R. 5250, H.R. 5488, and H.R. 5705 Before the Subcommittee on " @@ -7503,22 +7739,22 @@ msgid "" "sess. (1982): 65 (testimony of Jack Valenti)." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:5763 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:5842 msgid "" "No matter the lengthy arguments made, no matter the charges and the " "counter-charges, no matter the tumult and the shouting, reasonable men and " "women will keep returning to the fundamental issue, the central theme which " -"animates this entire debate: Creative property owners must be accorded the " -"same rights and protection resident in all other property owners in the " -"nation. That is the issue. That is the question. And that is the rostrum on " -"which this entire hearing and the debates to follow must rest.<placeholder " -"type=\"footnote\" id=\"0\"/>" +"animates this entire debate: <emphasis>Creative property owners must be " +"accorded the same rights and protection resident in all other property " +"owners in the nation</emphasis>. That is the issue. That is the " +"question. And that is the rostrum on which this entire hearing and the " +"debates to follow must rest.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" #. PAGE BREAK 129 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5782 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5861 msgid "" "The strategy of this rhetoric, like the strategy of most of Valenti's " "rhetoric, is brilliant and simple and brilliant because simple. The " @@ -7529,35 +7765,36 @@ msgid "" "second-class property owners." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5793 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5872 msgid "" "This claim has an obvious and powerful intuitive pull. It is stated with " "such clarity as to make the idea as obvious as the notion that we use " "elections to pick presidents. But in fact, there is no more extreme a claim " -"made by anyone who is serious in this debate than this claim of " -"Valenti's. Jack Valenti, however sweet and however brilliant, is perhaps the " -"nation's foremost extremist when it comes to the nature and scope of " -"\"creative property.\" His views 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." +"made by <emphasis>anyone</emphasis> who is serious in this debate than this " +"claim of Valenti's. Jack Valenti, however sweet and however brilliant, is " +"perhaps the nation's foremost extremist when it comes to the nature and " +"scope of \"creative property.\" His views have <emphasis>no</emphasis> " +"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." msgstr "" #. f2 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:5808 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:5887 msgid "" "Lawyers speak of \"property\" not as an absolute thing, but as a bundle of " "rights that are sometimes associated with a particular object. Thus, my " "\"property right\" to my car gives me the right to exclusive use, but not " "the right to drive at 150 miles an hour. For the best effort to connect the " "ordinary meaning of \"property\" to \"lawyer talk,\" see Bruce Ackerman, " -"Private Property and the Constitution (New Haven: Yale University Press, " -"1977), 26–27." +"<citetitle>Private Property and the Constitution</citetitle> (New Haven: " +"Yale University Press, 1977), 26–27." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5805 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5884 msgid "" "While \"creative property\" is certainly \"property\" in a nerdy and precise " "sense that lawyers are trained to understand,<placeholder type=\"footnote\" " @@ -7568,8 +7805,8 @@ msgid "" "radical, and radically undesirable, change in our tradition." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5823 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5902 msgid "" "Valenti knows this. But he speaks for an industry that cares squat for our " "tradition and the values it represents. He speaks for an industry that is " @@ -7579,8 +7816,8 @@ msgid "" msgstr "" #. PAGE BREAK 130 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5831 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5910 msgid "" "I have two purposes in this chapter. The first is to convince you that, " "historically, Valenti's claim is absolutely wrong. The second is to convince " @@ -7593,8 +7830,8 @@ msgid "" "creativity having less than perfect control." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5846 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5925 msgid "" "Organizations such as the MPAA, whose board includes the most powerful of " "the old guard, have little interest, their rhetoric notwithstanding, in " @@ -7607,8 +7844,8 @@ msgid "" "Constitution itself." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5858 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5937 msgid "" "The framers of our Constitution loved \"property.\" Indeed, so strongly did " "they love property that they built into the Constitution an important " @@ -7616,28 +7853,30 @@ msgid "" "house, or acquires a slice of land from your farm—it is required, " "under the Fifth Amendment's \"Takings Clause,\" to pay you \"just " "compensation\" for that taking. The Constitution thus guarantees that " -"property is, in a certain sense, sacred. It cannot ever be taken from the " -"property owner unless the government pays for the privilege." +"property is, in a certain sense, sacred. It cannot <emphasis>ever</emphasis> " +"be taken from the property owner unless the government pays for the " +"privilege." msgstr "" #. PAGE BREAK 131 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5869 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5948 msgid "" "Yet the very same Constitution speaks very differently about what Valenti " "calls \"creative property.\" In the clause granting Congress the power to " -"create \"creative property,\" the Constitution requires that after a " -"\"limited time,\" Congress take back the rights that it has granted and set " -"the \"creative property\" free to the public domain. Yet when Congress does " -"this, when the expiration of a copyright term \"takes\" your copyright and " -"turns it over to the public domain, Congress does not have any obligation to " -"pay \"just compensation\" for this \"taking.\" Instead, the same " -"Constitution that requires compensation for your land requires that you lose " -"your \"creative property\" right without any compensation at all." +"create \"creative property,\" the Constitution <emphasis>requires</emphasis> " +"that after a \"limited time,\" Congress take back the rights that it has " +"granted and set the \"creative property\" free to the public domain. Yet " +"when Congress does this, when the expiration of a copyright term \"takes\" " +"your copyright and turns it over to the public domain, Congress does not " +"have any obligation to pay \"just compensation\" for this \"taking.\" " +"Instead, the same Constitution that requires compensation for your land " +"requires that you lose your \"creative property\" right without any " +"compensation at all." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5884 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5963 msgid "" "The Constitution thus on its face states that these two forms of property " "are not to be accorded the same rights. They are plainly to be treated " @@ -7647,8 +7886,8 @@ msgid "" "arguing for a change in our Constitution itself." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5893 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5972 msgid "" "Arguing for a change in our Constitution is not necessarily wrong. There " "was much in our original Constitution that was plainly wrong. The " @@ -7661,57 +7900,58 @@ msgid "" "my argument is not simply that because Jefferson did it, we should, too." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5905 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5984 msgid "" "Instead, my argument is that because Jefferson did it, we should at least " -"try to understand why. Why did the framers, fanatical property types that " -"they were, reject the claim that creative property be given the same rights " -"as all other property? Why did they require that for creative property there " -"must be a public domain?" +"try to understand <emphasis>why</emphasis>. Why did the framers, fanatical " +"property types that they were, reject the claim that creative property be " +"given the same rights as all other property? Why did they require that for " +"creative property there must be a public domain?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5912 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:5992 msgid "" "To answer this question, we need to get some perspective on the history of " "these \"creative property\" rights, and the control that they enabled. Once " "we see clearly how differently these rights have been defined, we will be in " "a better position to ask the question that should be at the core of this " -"war: Not whether creative property should be protected, but how. Not whether " -"we will enforce the rights the law gives to creative-property owners, but " -"what the particular mix of rights 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." +"war: Not <emphasis>whether</emphasis> creative property should be protected, " +"but how. Not <emphasis>whether</emphasis> we will enforce the rights the law " +"gives to creative-property owners, but what the particular mix of rights " +"ought to be. Not <emphasis>whether</emphasis> artists should be paid, but " +"whether institutions designed to assure that artists get paid need also " +"control how culture develops." msgstr "" #. PAGE BREAK 132 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5926 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6007 msgid "" "To answer these questions, we need a more general way to talk about how " "property is protected. More precisely, we need a more general way than the " -"narrow language of the law allows. In Code and Other Laws of Cyberspace, I " -"used a simple model to capture this more general perspective. For any " -"particular right or regulation, this model asks how four different " -"modalities of regulation interact to support or weaken the right or " -"regulation. I represented it with this diagram:" +"narrow language of the law allows. In <citetitle>Code and Other Laws of " +"Cyberspace</citetitle>, I used a simple model to capture this more general " +"perspective. For any particular right or regulation, this model asks how " +"four different modalities of regulation interact to support or weaken the " +"right or regulation. I represented it with this diagram:" msgstr "" -#. type: Content of: <book><chapter><sect1><figure><title> -#: freeculture.xml:5935 +#. type: Content of: <book><part><chapter><figure><title> +#: freeculture.xml:6016 msgid "" "How four different modalities of regulation interact to support or weaken " "the right or regulation." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:5936 freeculture.xml:6111 freeculture.xml:6412 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6017 freeculture.xml:6192 freeculture.xml:6494 msgid "<graphic fileref=\"images/1331.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5939 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6020 msgid "" "At the center of this picture is a regulated dot: the individual or group " "that is the target of regulation, or the holder of a right. (In each case " @@ -7727,8 +7967,8 @@ msgid "" "by the state. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5956 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6037 msgid "" "Norms are a different kind of constraint. They, too, punish an individual " "for violating a rule. But the punishment of a norm is imposed by a " @@ -7740,8 +7980,8 @@ msgid "" "the severity of the rule, but the source of the enforcement." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5967 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6048 msgid "" "The market is a third type of constraint. Its constraint is effected through " "conditions: You can do X if you pay Y; you'll be paid M if you do N. These " @@ -7752,8 +7992,8 @@ msgid "" "simultaneous constraint upon how an individual or group might behave." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5977 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6058 msgid "" "Finally, and for the moment, perhaps, most mysteriously, " "\"architecture\"—the physical world as one finds it—is a " @@ -7770,16 +8010,16 @@ msgid "" msgstr "" #. PAGE BREAK 134 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:5994 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6075 msgid "" "So the first point about these four modalities of regulation is obvious: " "They interact. Restrictions imposed by one might be reinforced by " "another. Or restrictions imposed by one might be undermined by another." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:6000 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6081 msgid "" "The second point follows directly: If we want to understand the effective " "freedom that anyone has at a given moment to do any particular thing, we " @@ -7790,13 +8030,13 @@ msgid "" "particular interact." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:6009 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:6090 msgid "driving speed, constraints on" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:6012 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6093 msgid "" "So, for example, consider the \"freedom\" to drive a car at a high " "speed. That freedom is in part restricted by laws: speed limits that say how " @@ -7812,21 +8052,22 @@ msgid "" msgstr "" #. f3 -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:6030 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:6111 msgid "" "By describing the way law affects the other three modalities, I don't mean " "to suggest that the other three don't affect law. Obviously, they do. Law's " "only distinction is that it alone speaks as if it has a right " "self-consciously to change the other three. The right of the other three is " -"more timidly expressed. See Lawrence Lessig, Code: And Other Laws of " -"Cyberspace (New York: Basic Books, 1999): 90–95; Lawrence Lessig, " -"\"The New Chicago School,\" Journal of Legal Studies, June 1998." +"more timidly expressed. See Lawrence Lessig, <citetitle>Code: And Other " +"Laws of Cyberspace</citetitle> (New York: Basic Books, 1999): 90–95; " +"Lawrence Lessig, \"The New Chicago School,\" <citetitle>Journal of Legal " +"Studies</citetitle>, June 1998." msgstr "" #. PAGE BREAK 135 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:6026 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6107 msgid "" "The final point about this simple model should also be fairly clear: While " "these four modalities are analytically independent, law has a special role " @@ -7842,23 +8083,23 @@ msgid "" "driving." msgstr "" -#. type: Content of: <book><chapter><sect1><figure><title> -#: freeculture.xml:6054 +#. type: Content of: <book><part><chapter><figure><title> +#: freeculture.xml:6135 msgid "Law has a special role in affecting the three." msgstr "" -#. type: Content of: <book><chapter><sect1><figure> -#: freeculture.xml:6055 +#. type: Content of: <book><part><chapter><figure> +#: freeculture.xml:6136 msgid "<graphic fileref=\"images/1361.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para><indexterm><primary> -#: freeculture.xml:6094 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:6175 msgid "Commons, John R." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:6066 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:6147 msgid "" "Some people object to this way of talking about \"liberty.\" They object " "because their focus when considering the constraints that exist at any " @@ -7870,26 +8111,28 @@ msgid "" "of ordinary life. I don't mean to deny the value in this narrower view, " "which depends upon the context of the inquiry. I do, however, mean to argue " "against any insistence that this narrower view is the only proper view of " -"liberty. As I argued in Code, we come from a long tradition of political " -"thought with a broader focus than the narrow question of what the government " -"did when. John Stuart Mill defended freedom of speech, for example, from " -"the tyranny of narrow minds, not from the fear of government prosecution; " -"John Stuart Mill, On Liberty (Indiana: Hackett Publishing Co., 1978), 19. " -"John R. Commons famously defended the economic freedom of labor from " -"constraints imposed by the market; John R. Commons, \"The Right to Work,\" " -"in Malcom Rutherford and Warren J. Samuels, eds., John R. Commons: Selected " -"Essays (London: Routledge: 1997), 62. The Americans with Disabilities Act " -"increases the liberty of people with physical disabilities by changing the " -"architecture of certain public places, thereby making access to those places " -"easier; 42 United States Code, section 12101 (2000). Each of these " -"interventions to change existing conditions changes the liberty of a " -"particular group. The effect of those interventions should be accounted for " -"in order to understand the effective liberty that each of these groups might " -"face. <placeholder type=\"indexterm\" id=\"0\"/>" -msgstr "" - -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:6058 +"liberty. As I argued in <citetitle>Code</citetitle>, we come from a long " +"tradition of political thought with a broader focus than the narrow question " +"of what the government did when. John Stuart Mill defended freedom of " +"speech, for example, from the tyranny of narrow minds, not from the fear of " +"government prosecution; John Stuart Mill, <citetitle>On Liberty</citetitle> " +"(Indiana: Hackett Publishing Co., 1978), 19. John R. Commons famously " +"defended the economic freedom of labor from constraints imposed by the " +"market; John R. Commons, \"The Right to Work,\" in Malcom Rutherford and " +"Warren J. Samuels, eds., <citetitle>John R. Commons: Selected " +"Essays</citetitle> (London: Routledge: 1997), 62. The Americans with " +"Disabilities Act increases the liberty of people with physical disabilities " +"by changing the architecture of certain public places, thereby making access " +"to those places easier; 42 <citetitle>United States Code</citetitle>, " +"section 12101 (2000). Each of these interventions to change existing " +"conditions changes the liberty of a particular group. The effect of those " +"interventions should be accounted for in order to understand the effective " +"liberty that each of these groups might face. <placeholder " +"type=\"indexterm\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:6139 msgid "" "These constraints can thus change, and they can be changed. To understand " "the effective protection of liberty or protection of property at any " @@ -7899,13 +8142,13 @@ msgid "" "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:6098 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:6179 msgid "Why Hollywood Is Right" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6100 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6181 msgid "" "The most obvious point that this model reveals is just why, or just how, " "Hollywood is right. The copyright warriors have rallied Congress and the " @@ -7913,19 +8156,19 @@ msgid "" "sense." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6106 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6187 msgid "Let's say this is the picture of copyright's regulation before the Internet:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:6110 freeculture.xml:6411 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:6191 freeculture.xml:6493 msgid "Copyright's regulation before the Internet." msgstr "" #. PAGE BREAK 136 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6115 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6196 msgid "" "There is balance between law, norms, market, and architecture. The law " "limits the ability to copy and share content, by imposing penalties on those " @@ -7938,8 +8181,8 @@ msgid "" "this form of infringement." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6127 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6208 msgid "" "Enter the Internet, or, more precisely, technologies such as MP3s and p2p " "sharing. Now the constraint of architecture changes dramatically, as does " @@ -7950,8 +8193,8 @@ msgid "" msgstr "" #. PAGE BREAK 137 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6135 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6216 msgid "" "Thus the sense of, and justification for, the warriors' response. " "Technology has changed, the warriors say, and the effect of this change, " @@ -7961,18 +8204,18 @@ msgid "" "results." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:6145 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:6226 msgid "effective state of anarchy after the Internet." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:6146 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6227 msgid "<graphic fileref=\"images/1381.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6149 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6230 msgid "" "Neither this analysis nor the conclusions that follow are new to the " "warriors. Indeed, in a \"White Paper\" prepared by the Commerce Department " @@ -7986,8 +8229,8 @@ msgid "" msgstr "" #. PAGE BREAK 138 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6161 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6242 msgid "" "This mixed strategy is just what copyright needed—if it was to " "preserve the particular balance that existed before the change induced by " @@ -8003,8 +8246,8 @@ msgid "" "U.S. steel industry." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6178 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6259 msgid "" "Thus, there's nothing wrong or surprising in the content industry's campaign " "to protect itself from the harmful consequences of a technological " @@ -8015,8 +8258,8 @@ msgid "" msgstr "" #. f5 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6194 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6275 msgid "" "See Geoffrey Smith, \"Film vs. Digital: Can Kodak Build a Bridge?\" " "BusinessWeek online, 2 August 1999, available at <ulink " @@ -8026,8 +8269,8 @@ msgid "" "<ulink url=\"http://free-culture.cc/notes/\">link #24</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6186 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6267 msgid "" "But just because a particular interest asks for government support, it " "doesn't follow that support should be granted. And just because technology " @@ -8038,29 +8281,31 @@ msgid "" "cameras.<placeholder type=\"footnote\" id=\"0\"/> Does anyone believe the " "government should ban digital cameras just to support Kodak? Highways have " "weakened the freight business for 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 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 only once a second, or to switch to only " -"ten channels within an hour?)" +"trucks from roads <emphasis>for the purpose of</emphasis> 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 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 only once a second, or to " +"switch to only ten channels within an hour?)" msgstr "" #. f6 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6226 -msgid "Fred Warshofsky, The Patent Wars (New York: Wiley, 1994), 170–71." +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6307 +msgid "" +"Fred Warshofsky, <citetitle>The Patent Wars</citetitle> (New York: Wiley, " +"1994), 170–71." msgstr "" #. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:6235 freeculture.xml:12615 +#: freeculture.xml:6316 freeculture.xml:12722 msgid "Gates, Bill" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6216 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6297 msgid "" "The obvious answer to these obviously rhetorical questions is no. In a free " "society, with a free market, supported by free enterprise and free trade, " @@ -8078,8 +8323,8 @@ msgid "" "<placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6238 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6319 msgid "" "Thus, while it is understandable for industries threatened with new " "technologies that change the way they do business to look to the government " @@ -8090,8 +8335,8 @@ msgid "" "preserve the incentives and opportunities for innovation and change." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6248 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6329 msgid "" "In the context of laws regulating speech—which include, obviously, " "copyright law—that duty is even stronger. When the industry " @@ -8100,15 +8345,15 @@ msgid "" "wary of the request. It is always a bad deal for the government to get into " "the business of regulating speech markets. The risks and dangers of that " "game are precisely why our framers created the First Amendment to our " -"Constitution: \"Congress shall make no law . . . abridging the freedom of " +"Constitution: \"Congress shall make no law … abridging the freedom of " "speech.\" So when Congress is being asked to pass laws that would " "\"abridge\" the freedom of speech, it should ask— " "carefully—whether such regulation is justified." msgstr "" #. PAGE BREAK 140 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6262 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6343 msgid "" "My argument just now, however, has nothing to do with whether the changes " "that are being pushed by the copyright warriors are \"justified.\" My " @@ -8118,23 +8363,23 @@ msgid "" "content industry wants." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6271 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6352 msgid "Here's the metaphor that will capture the argument to follow." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:6274 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:6355 msgid "DDT" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:6282 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:6363 msgid "Müller, Paul Hermann" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6277 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6358 msgid "" "In 1873, the chemical DDT was first synthesized. In 1948, Swiss chemist Paul " "Hermann Müller won the Nobel Prize for his work demonstrating the " @@ -8143,36 +8388,36 @@ msgid "" "increase farm production. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6285 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6366 msgid "" "No one doubts that killing disease-carrying pests or increasing crop " "production is a good thing. No one doubts that the work of Müller was " "important and valuable and probably saved lives, possibly millions." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:6289 freeculture.xml:6295 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:6370 freeculture.xml:6376 msgid "Carson, Rachel" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:6296 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:6377 msgid "Silent Sprint (Carson)" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6291 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6372 msgid "" -"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. <placeholder type=\"indexterm\" " -"id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"But in 1962, Rachel Carson published <citetitle>Silent Spring</citetitle>, " +"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. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6299 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6380 msgid "" "No one set out to destroy the environment. Paul Müller certainly did not aim " "to harm any birds. But the effort to solve one set of problems produced " @@ -8184,16 +8429,17 @@ msgid "" msgstr "" #. f7 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6312 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6393 msgid "" "See, for example, James Boyle, \"A Politics of Intellectual Property: " -"Environmentalism for the Net?\" Duke Law Journal 47 (1997): 87." +"Environmentalism for the Net?\" <citetitle>Duke Law Journal</citetitle> 47 " +"(1997): 87." msgstr "" #. PAGE BREAK 141 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6308 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6389 msgid "" "It is to this image precisely that Duke University law professor James Boyle " "appeals when he argues that we need an \"environmentalism\" for " @@ -8210,8 +8456,8 @@ msgid "" "our actions' effects on the environment." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6329 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6410 msgid "" "My argument, in the balance of this chapter, tries to map exactly this " "effect. No doubt the technology of the Internet has had a dramatic effect on " @@ -8224,20 +8470,20 @@ msgid "" "for creativity." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6340 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6421 msgid "" "In a line: To kill a gnat, we are spraying DDT with consequences for free " "culture that will be far more devastating than that this gnat will be lost." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:6347 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:6428 msgid "Beginnings" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6349 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6430 msgid "" "America copied English copyright law. Actually, we copied and improved " "English copyright law. Our Constitution makes the purpose of \"creative " @@ -8245,8 +8491,8 @@ msgid "" "to avoid overly powerful publishers." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6355 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6436 msgid "" "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, " @@ -8254,33 +8500,35 @@ msgid "" msgstr "" #. PAGE BREAK 142 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6360 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6441 msgid "" "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 to promote progress. The grant of power is its " -"purpose, and its purpose is a public one, not the purpose of enriching " -"publishers, nor even primarily the purpose of rewarding authors." +"that Congress has the power <emphasis>to promote progress</emphasis>. The " +"grant of power is its purpose, and its purpose is a public one, not the " +"purpose of enriching publishers, nor even primarily the purpose of rewarding " +"authors." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6373 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6454 msgid "" "The Progress Clause expressly limits the term of copyrights. As we saw in " -"chapter 6, the English limited the term of copyright so as to assure that a " -"few would not exercise disproportionate control over culture by exercising " +"chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"founders\"/>, the " +"English limited the term of copyright so as to assure that a few would not " +"exercise disproportionate control over culture by exercising " "disproportionate control over publishing. We can assume the framers followed " "the English for a similar purpose. Indeed, unlike the English, the framers " "reinforced that objective, by requiring that copyrights extend \"to " "Authors\" only." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6382 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6464 msgid "" "The design of the Progress Clause reflects something about the " "Constitution's design in general. To avoid a problem, the framers built " @@ -8291,13 +8539,13 @@ msgid "" "federal government, they built structures to reinforce the power of the " "states—including the Senate, whose members were at the time selected " "by the states, and an electoral college, also selected by the states, to " -"select the president. In each case, a structure built checks and balances " -"into the constitutional frame, structured to prevent otherwise inevitable " -"concentrations of power." +"select the president. In each case, a <emphasis>structure</emphasis> built " +"checks and balances into the constitutional frame, structured to prevent " +"otherwise inevitable concentrations of power." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6397 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6479 msgid "" "I doubt the framers would recognize the regulation we call \"copyright\" " "today. The scope of that regulation is far beyond anything they ever " @@ -8307,58 +8555,58 @@ msgid "" msgstr "" #. PAGE BREAK 143 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6404 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6486 msgid "" "Some of these changes come from the law: some in light of changes in " "technology, and some in light of changes in technology given a particular " "concentration of market power. In terms of our model, we started here:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6415 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6497 msgid "We will end here:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:6418 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:6500 msgid ""Copyright" today." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:6419 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6501 msgid "<graphic fileref=\"images/1442.png\"></graphic>" msgstr "" #. PAGE BREAK 144 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6422 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6504 msgid "Let me explain how." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:6427 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:6509 msgid "Law: Duration" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:6442 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:6525 msgid "Crosskey, William W." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6437 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6519 msgid "" -"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). <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"William W. Crosskey, <citetitle>Politics and the Constitution in the History " +"of the United States</citetitle> (London: Cambridge University Press, 1953), " +"vol. 1, 485–86: \"extinguish[ing], by plain implication of `the " +"supreme Law of the Land,' <emphasis>the perpetual rights which authors had, " +"or were supposed by some to have, under the Common Law</emphasis>\" " +"(emphasis added). <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6429 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6511 msgid "" "When the first Congress enacted laws to protect creative property, it faced " "the same uncertainty about the status of creative property that the English " @@ -8373,8 +8621,8 @@ msgid "" "to reprint and distribute works." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6452 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6535 msgid "" "That uncertainty ended after Congress passed legislation granting " "copyrights. Because federal law overrides any contrary state law, federal " @@ -8384,8 +8632,8 @@ msgid "" "expired as well." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6460 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6543 msgid "" "In 1790, Congress enacted the first copyright law. It created a federal " "copyright and secured that copyright for fourteen years. If the author was " @@ -8395,17 +8643,18 @@ msgid "" msgstr "" #. f9 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6475 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6558 msgid "" "Although 13,000 titles were published in the United States from 1790 to " -"1799, only 556 copyright registrations were filed; John Tebbel, A History of " -"Book Publishing in the United States, vol. 1, The Creation of an Industry, " -"1630–1865 (New York: Bowker, 1972), 141. Of the 21,000 imprints " -"recorded before 1790, only twelve were copyrighted under the 1790 act; " -"William J. Maher, Copyright Term, Retrospective Extension and the Copyright " -"Law of 1790 in Historical Context, 7–10 (2002), available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #25</ulink>. Thus, the " +"1799, only 556 copyright registrations were filed; John Tebbel, <citetitle>A " +"History of Book Publishing in the United States</citetitle>, vol. 1, " +"<citetitle>The Creation of an Industry, 1630–1865</citetitle> (New " +"York: Bowker, 1972), 141. Of the 21,000 imprints recorded before 1790, only " +"twelve were copyrighted under the 1790 act; William J. Maher, " +"<citetitle>Copyright Term, Retrospective Extension and the Copyright Law of " +"1790 in Historical Context</citetitle>, 7–10 (2002), available at " +"<ulink url=\"http://free-culture.cc/notes/\">link #25</ulink>. Thus, the " "overwhelming majority of works fell immediately into the public domain. Even " "those works that were copyrighted fell into the public domain quickly, " "because the term of copyright was short. The initial term of copyright was " @@ -8413,8 +8662,8 @@ msgid "" "years. Copyright Act of May 31, 1790, §1, 1 stat. 124." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6467 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6550 msgid "" "While there were many works created in the United States in the first ten " "years of the Republic, only 5 percent of the works were actually registered " @@ -8426,8 +8675,8 @@ msgid "" msgstr "" #. PAGE BREAK 145 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6491 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6574 msgid "" "This system of renewal was a crucial part of the American system of " "copyright. It assured that the maximum terms of copyright would be granted " @@ -8437,21 +8686,22 @@ msgid "" msgstr "" #. f10 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6506 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6589 msgid "" "Few copyright holders ever chose to renew their copyrights. For instance, of " "the 25,006 copyrights registered in 1883, only 894 were renewed in 1910. For " "a year-by-year analysis of copyright renewal rates, see Barbara A. Ringer, " -"\"Study No. 31: Renewal of Copyright,\" Studies on Copyright, vol. 1 (New " -"York: Practicing Law Institute, 1963), 618. For a more recent and " -"comprehensive analysis, see William M. Landes and Richard A. Posner, " -"\"Indefinitely Renewable Copyright,\" University of Chicago Law Review 70 " -"(2003): 471, 498–501, and accompanying figures." +"\"Study No. 31: Renewal of Copyright,\" <citetitle>Studies on " +"Copyright</citetitle>, vol. 1 (New York: Practicing Law Institute, 1963), " +"618. For a more recent and comprehensive analysis, see William M. Landes and " +"Richard A. Posner, \"Indefinitely Renewable Copyright,\" " +"<citetitle>University of Chicago Law Review</citetitle> 70 (2003): 471, " +"498–501, and accompanying figures." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6500 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6583 msgid "" "Fourteen years may not seem long to us, but for the vast majority of " "copyright owners at that time, it was long enough: Only a small minority of " @@ -8461,26 +8711,26 @@ msgid "" msgstr "" #. f11 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6521 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6604 msgid "See Ringer, ch. 9, n. 2." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6517 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6600 msgid "" "Even today, this structure would make sense. Most creative work has an " "actual commercial life of just a couple of years. Most books fall out of " "print after one year.<placeholder type=\"footnote\" id=\"0\"/> When that " "happens, the used books are traded free of copyright regulation. Thus the " -"books are no longer effectively controlled by copyright. The only practical " -"commercial use of the books at that time is to sell the books as used books; " -"that use—because it does not involve publication—is effectively " -"free." +"books are no longer <emphasis>effectively</emphasis> controlled by " +"copyright. The only practical commercial use of the books at that time is to " +"sell the books as used books; that use—because it does not involve " +"publication—is effectively free." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6529 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6612 msgid "" "In the first hundred years of the Republic, the term of copyright was " "changed once. In 1831, the term was increased from a maximum of 28 years to " @@ -8490,8 +8740,8 @@ msgid "" "setting a maximum term of 56 years." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6537 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6620 msgid "" "Then, beginning in 1962, Congress started a practice that has defined " "copyright law since. Eleven times in the last forty years, Congress has " @@ -8504,8 +8754,8 @@ msgid "" msgstr "" #. PAGE BREAK 146 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6547 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6630 msgid "" "The effect of these extensions is simply to toll, or delay, the passing of " "works into the public domain. This latest extension means that the public " @@ -8516,8 +8766,8 @@ msgid "" "copyright term." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6558 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6641 msgid "" "The effect of these extensions has been exacerbated by another, " "little-noticed change in the copyright law. Remember I said that the framers " @@ -8528,8 +8778,8 @@ msgid "" "be those that had some continuing commercial value." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6568 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6651 msgid "" "The United States abandoned this sensible system in 1976. For all works " "created after 1978, there was only one copyright term—the maximum " @@ -8540,8 +8790,8 @@ msgid "" "available. After the Sonny Bono Act, that term was ninety-five years." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6578 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6661 msgid "" "This change meant that American law no longer had an automatic way to assure " "that works that were no longer exploited passed into the public domain. And " @@ -8552,8 +8802,8 @@ msgid "" msgstr "" #. f12 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6595 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6678 msgid "" "These statistics are understated. Between the years 1910 and 1962 (the first " "year the renewal term was extended), the average term was never more than " @@ -8561,8 +8811,8 @@ msgid "" "\"Indefinitely Renewable Copyright,\" loc. cit." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6587 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6670 msgid "" "The effect of these changes on the average duration of copyright is " "dramatic. In 1973, more than 85 percent of copyright owners failed to renew " @@ -8573,13 +8823,13 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:6604 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:6687 msgid "Law: Scope" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6606 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6689 msgid "" "The \"scope\" of a copyright is the range of rights granted by the law. The " "scope of American copyright has changed dramatically. Those changes are not " @@ -8587,8 +8837,8 @@ msgid "" "to keep this debate in context." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6612 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6695 msgid "" "In 1790, that scope was very narrow. Copyright covered only \"maps, charts, " "and books.\" That means it didn't cover, for example, music or " @@ -8603,8 +8853,8 @@ msgid "" "published book)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6625 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6708 msgid "" "This, too, has changed dramatically. While the contours of copyright today " "are extremely hard to describe simply, in general terms, the right covers " @@ -8621,8 +8871,8 @@ msgid "" msgstr "" #. PAGE BREAK 148 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6640 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6723 msgid "" "At the same time that the scope of copyright has expanded, procedural " "limitations on the right have been relaxed. I've already described the " @@ -8631,13 +8881,13 @@ msgid "" "there was a requirement that a work be registered before it could receive " "the protection of a copyright. There was also a requirement that any " "copyrighted work be marked either with that famous © or the word " -"copyright. And for most of the history of American copyright law, there was " -"a requirement that works be deposited with the government before a copyright " -"could be secured." +"<emphasis>copyright</emphasis>. And for most of the history of American " +"copyright law, there was a requirement that works be deposited with the " +"government before a copyright could be secured." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6653 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6737 msgid "" "The reason for the registration requirement was the sensible understanding " "that for most works, no copyright was required. Again, in the first ten " @@ -8652,8 +8902,8 @@ msgid "" "author." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6667 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6751 msgid "" "All of these \"formalities\" were abolished in the American system when we " "decided to follow European copyright law. There is no requirement that you " @@ -8663,23 +8913,23 @@ msgid "" "others to copy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6675 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6759 msgid "Consider a practical example to understand the scope of these differences." msgstr "" #. f13 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6686 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6770 msgid "" "See Thomas Bender and David Sampliner, \"Poets, Pirates, and the Creation of " -"American Literature,\" 29 New York University Journal of International Law " -"and Politics 255 (1997), and James Gilraeth, ed., Federal Copyright Records, " -"1790–1800 (U.S. G.P.O., 1987)." +"American Literature,\" 29 <citetitle>New York University Journal of " +"International Law and Politics</citetitle> 255 (1997), and James Gilraeth, " +"ed., Federal Copyright Records, 1790–1800 (U.S. G.P.O., 1987)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6679 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6763 msgid "" "If, in 1790, you wrote a book and you were one of the 5 percent who actually " "copyrighted that book, then the copyright law protected you against another " @@ -8692,8 +8942,8 @@ msgid "" msgstr "" #. PAGE BREAK 149 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6699 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6782 msgid "" "The act left other creators totally unregulated. If I copied your poem by " "hand, over and over again, as a way to learn it by heart, my act was totally " @@ -8703,27 +8953,27 @@ msgid "" "free, while the activities of publishers were restrained." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6709 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6791 msgid "" "Today the story is very different: If you write a book, your book is " "automatically protected. Indeed, not just your book. Every e-mail, every " -"note to your spouse, every doodle, every creative act that's reduced to a " -"tangible form—all of this is automatically copyrighted. There is no " -"need to register or mark your work. The protection follows the creation, not " -"the steps you take to protect it." +"note to your spouse, every doodle, <emphasis>every</emphasis> creative act " +"that's reduced to a tangible form—all of this is automatically " +"copyrighted. There is no need to register or mark your work. The protection " +"follows the creation, not the steps you take to protect it." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6718 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6800 msgid "" "That protection gives you the right (subject to a narrow range of fair use " "exceptions) to control how others copy the work, whether they copy it to " "republish it or to share an excerpt." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6723 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6805 msgid "" "That much is the obvious part. Any system of copyright would control " "competing publishing. But there's a second part to the copyright of today " @@ -8737,8 +8987,8 @@ msgid "" "the writings inspired by them." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6737 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6819 msgid "" "It is this derivative right that would seem most bizarre to our framers, " "though it has become second nature to us. Initially, this expansion was " @@ -8749,42 +8999,44 @@ msgid "" "the verbatim original work." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6760 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6841 msgid "" -"Jonathan Zittrain, \"The Copyright Cage,\" Legal Affairs, July/August 2003, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link #26</ulink>. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"Jonathan Zittrain, \"The Copyright Cage,\" <citetitle>Legal " +"Affairs</citetitle>, July/August 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #26</ulink>. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6750 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6831 msgid "" "In preventing that joke, the law created an astonishing power within a free " "culture—at least, it's astonishing when you understand that the law " "applies not just to the commercial publisher but to anyone with a " "computer. I understand the wrong in duplicating and selling someone else's " -"work. But whatever that wrong is, transforming someone else's work is a " -"different wrong. Some view transformation as no wrong at all—they " -"believe that our law, as the framers penned it, should not protect " -"derivative rights at all.<placeholder type=\"footnote\" id=\"0\"/> Whether " -"or not you go that far, it seems plain that whatever wrong is involved is " -"fundamentally different from the wrong of direct piracy." +"work. But whatever <emphasis>that</emphasis> wrong is, transforming someone " +"else's work is a different wrong. Some view transformation as no wrong at " +"all—they believe that our law, as the framers penned it, should not " +"protect derivative rights at all.<placeholder type=\"footnote\" id=\"0\"/> " +"Whether or not you go that far, it seems plain that whatever wrong is " +"involved is fundamentally different from the wrong of direct piracy." msgstr "" #. f15 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6776 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6856 msgid "" "Professor Rubenfeld has presented a powerful constitutional argument about " "the difference that copyright law should draw (from the perspective of the " "First Amendment) between mere \"copies\" and derivative works. See Jed " "Rubenfeld, \"The Freedom of Imagination: Copyright's Constitutionality,\" " -"Yale Law Journal 112 (2002): 1–60 (see especially pp. 53–59)." +"<citetitle>Yale Law Journal</citetitle> 112 (2002): 1–60 (see " +"especially pp. 53–59)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6770 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6851 msgid "" "Yet copyright law treats these two different wrongs in the same way. I can " "go to court and get an injunction against your pirating my book. I can go to " @@ -8793,8 +9045,8 @@ msgid "" "my creative work are treated the same." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6787 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6867 msgid "" "This again may seem right to you. If I wrote a book, then why should you be " "able to write a movie that takes my story and makes money from it without " @@ -8803,8 +9055,8 @@ msgid "" "trade on the value that Disney originally created?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6796 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6875 msgid "" "These are good arguments, and, in general, my point is not that the " "derivative right is unjustified. My aim just now is much narrower: simply to " @@ -8812,26 +9064,27 @@ msgid "" "originally granted." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:6804 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:6882 msgid "Law and Architecture: Reach" msgstr "" #. f16 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6811 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6889 msgid "" "This is a simplification of the law, but not much of one. The law certainly " "regulates more than \"copies\"—a public performance of a copyrighted " "song, for example, is regulated even though performance per se doesn't make " -"a copy; 17 United States Code, section 106(4). And it certainly sometimes " -"doesn't regulate a \"copy\"; 17 United States Code, section 112(a). But the " -"presumption under the existing law (which regulates \"copies;\" 17 United " -"States Code, section 102) is that if there is a copy, there is a right." +"a copy; 17 <citetitle>United States Code</citetitle>, section 106(4). And it " +"certainly sometimes doesn't regulate a \"copy\"; 17 <citetitle>United States " +"Code</citetitle>, section 112(a). But the presumption under the existing law " +"(which regulates \"copies;\" 17 <citetitle>United States Code</citetitle>, " +"section 102) is that if there is a copy, there is a right." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6806 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6884 msgid "" "Whereas originally the law regulated only publishers, the change in " "copyright's scope means that the law today regulates publishers, users, and " @@ -8841,23 +9094,24 @@ msgid "" msgstr "" #. PAGE BREAK 151 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6823 -msgid "" -"\"Copies.\" That certainly sounds like the obvious thing for copyright law " -"to regulate. But as with Jack Valenti's argument at the start of this " -"chapter, that \"creative property\" deserves the \"same rights\" as all " -"other property, it is the obvious that we need to be most careful about. For " +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6901 +msgid "" +"\"Copies.\" That certainly sounds like the obvious thing for " +"<emphasis>copy</emphasis>right law to regulate. But as with Jack Valenti's " +"argument at the start of this chapter, that \"creative property\" deserves " +"the \"same rights\" as all other property, it is the " +"<emphasis>obvious</emphasis> that we need to be most careful about. For " "while it may be obvious that in the world before the Internet, copies were " "the obvious trigger for copyright law, upon reflection, it should be obvious " -"that in the world with the Internet, copies should not be the trigger for " -"copyright law. More precisely, they should not always be the trigger for " -"copyright law." +"that in the world with the Internet, copies should <emphasis>not</emphasis> " +"be the trigger for copyright law. More precisely, they should not " +"<emphasis>always</emphasis> be the trigger for copyright law." msgstr "" #. f17 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6839 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:6919 msgid "" "Thus, my argument is not that in each place that copyright law extends, we " "should repeal it. It is instead that we should have a good argument for its " @@ -8865,8 +9119,8 @@ msgid "" "arbitrary and automatic changes caused by technology." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6834 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6914 msgid "" "This is perhaps the central claim of this book, so let me take this very " "slowly so that the point is not easily missed. My claim is that the Internet " @@ -8877,51 +9131,51 @@ msgid "" "law." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6850 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6930 msgid "" "We can see this point abstractly by beginning with this largely empty " "circle." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:6854 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:6934 msgid "All potential uses of a book." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:6855 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6935 msgid "<graphic fileref=\"images/1521.png\"></graphic>" msgstr "" #. PAGE BREAK 152 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6859 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6939 msgid "" "Think about a book in real space, and imagine this circle to represent all " -"its potential uses. Most of these uses are unregulated by copyright law, " -"because the uses don't create a copy. If you read a book, that act is not " -"regulated by copyright law. If you give someone the book, that act is not " -"regulated by copyright law. If you resell a book, that act is not regulated " -"(copyright law expressly states that after the first sale of a book, the " -"copyright owner can impose no further conditions on the disposition of the " -"book). If you sleep on the book or use it to hold up a lamp or let your " -"puppy chew it up, those acts are not regulated by copyright law, because " -"those acts do not make a copy." -msgstr "" - -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:6872 +"its potential <emphasis>uses</emphasis>. Most of these uses are unregulated " +"by copyright law, because the uses don't create a copy. If you read a book, " +"that act is not regulated by copyright law. If you give someone the book, " +"that act is not regulated by copyright law. If you resell a book, that act " +"is not regulated (copyright law expressly states that after the first sale " +"of a book, the copyright owner can impose no further conditions on the " +"disposition of the book). If you sleep on the book or use it to hold up a " +"lamp or let your puppy chew it up, those acts are not regulated by copyright " +"law, because those acts do not make a copy." +msgstr "" + +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:6952 msgid "Examples of unregulated uses of a book." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:6873 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6953 msgid "<graphic fileref=\"images/1531.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6876 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6956 msgid "" "Obviously, however, some uses of a copyrighted book are regulated by " "copyright law. Republishing the book, for example, makes a copy. It is " @@ -8931,27 +9185,27 @@ msgid "" "diagram on next page)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6884 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6964 msgid "" "Finally, there is a tiny sliver of otherwise regulated copying uses that " "remain unregulated because the law considers these \"fair uses.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:6889 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:6969 msgid "" "Republishing stands at the core of this circle of possible uses of a " "copyrighted work." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:6890 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6970 msgid "<graphic fileref=\"images/1541.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6893 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6973 msgid "" "These are uses that themselves involve copying, but which the law treats as " "unregulated because public policy demands that they remain unregulated. You " @@ -8963,31 +9217,31 @@ msgid "" "reasons." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:6904 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:6983 msgid "Unregulated copying considered "fair uses."" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:6905 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6984 msgid "<graphic fileref=\"images/1542.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:6909 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:6988 msgid "" "Uses that before were presumptively unregulated are now presumptively " "regulated." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:6910 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:6989 msgid "<graphic fileref=\"images/1551.png\"></graphic>" msgstr "" #. PAGE BREAK 154 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6914 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6993 msgid "" "In real space, then, the possible uses of a book are divided into three " "sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that " @@ -8995,8 +9249,8 @@ msgid "" msgstr "" #. f18 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:6922 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7001 msgid "" "I don't mean \"nature\" in the sense that it couldn't be different, but " "rather that its present instantiation entails a copy. Optical networks need " @@ -9005,8 +9259,8 @@ msgid "" "remain." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6919 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:6998 msgid "" "Enter the Internet—a distributed, digital network where every use of a " "copyrighted work produces a copy.<placeholder type=\"footnote\" id=\"0\"/> " @@ -9022,34 +9276,35 @@ msgid "" msgstr "" #. PAGE BREAK 155 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6943 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7019 msgid "" "So let's be very specific to make this general point clear. Before the " "Internet, if you purchased a book and read it ten times, there would be no " -"plausible copyright-related argument that the copyright owner could make to " -"control that use of her book. Copyright law would have nothing to say about " -"whether you read the book once, ten times, or every night before you went to " -"bed. None of those instances of use—reading— could be regulated " -"by copyright law because none of those uses produced a copy." +"plausible <emphasis>copyright</emphasis>-related argument that the copyright " +"owner could make to control that use of her book. Copyright law would have " +"nothing to say about whether you read the book once, ten times, or every " +"night before you went to bed. None of those instances of " +"use—reading— could be regulated by copyright law because none of " +"those uses produced a copy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6956 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7031 msgid "" "But the same book as an e-book is effectively governed by a different set of " "rules. Now if the copyright owner says you may read the book only once or " -"only once a month, then copyright law would aid the copyright owner in " -"exercising this degree of control, because of the accidental feature of " -"copyright law that triggers its application upon there being a copy. Now if " -"you read the book ten times and the license says you may read it only five " -"times, 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." +"only once a month, then <emphasis>copyright law</emphasis> would aid the " +"copyright owner in exercising this degree of control, because of the " +"accidental feature of copyright law that triggers its application upon there " +"being a copy. Now if you read the book ten times and the license says you " +"may read it only five times, 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." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6970 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7043 msgid "" "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 is only to make " @@ -9057,8 +9312,8 @@ msgid "" "clear:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6976 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7049 msgid "" "First, making category 1 disappear is not anything any policy maker ever " "intended. Congress did not think through the collapse of the presumptively " @@ -9068,23 +9323,23 @@ msgid "" "Internet." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:6986 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7057 msgid "" "Second, this shift is especially troubling in the context of transformative " "uses of creative content. Again, we can all understand the wrong in " -"commercial piracy. But the law now purports to regulate any transformation " -"you make of creative work using a machine. \"Copy and paste\" and \"cut and " -"paste\" become crimes. Tinkering with a story and releasing it to others " -"exposes the tinkerer to at least a requirement of justification. However " -"troubling the expansion with respect to copying a particular work, it is " -"extraordinarily troubling with respect to transformative uses of creative " -"work." +"commercial piracy. But the law now purports to regulate " +"<emphasis>any</emphasis> transformation you make of creative work using a " +"machine. \"Copy and paste\" and \"cut and paste\" become crimes. Tinkering " +"with a story and releasing it to others exposes the tinkerer to at least a " +"requirement of justification. However troubling the expansion with respect " +"to copying a particular work, it is extraordinarily troubling with respect " +"to transformative uses of creative work." msgstr "" #. PAGE BREAK 156 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7002 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7069 msgid "" "Third, this shift from category 1 to category 2 puts an extraordinary burden " "on category 3 (\"fair use\") that fair use never before had to bear. If a " @@ -9097,19 +9352,20 @@ msgid "" "was not regulated." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7017 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7083 msgid "" "This point about fair use is totally ignored, even by advocates for free " "culture. We have been cornered into arguing that our rights depend upon fair " "use—never even addressing the earlier question about the expansion in " "effective regulation. A thin protection grounded in fair use makes sense " -"when the vast majority of uses are unregulated. But when everything becomes " -"presumptively regulated, then the protections of fair use are not enough." +"when the vast majority of uses are <emphasis>unregulated</emphasis>. But " +"when everything becomes presumptively regulated, then the protections of " +"fair use are not enough." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7028 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7093 msgid "" "The case of Video Pipeline is a good example. Video Pipeline was in the " "business of making \"trailer\" advertisements for movies available to video " @@ -9118,8 +9374,8 @@ msgid "" "trailers on tape, and sold the tapes to the retail stores." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7035 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7100 msgid "" "The company did this for about fifteen years. Then, in 1997, it began to " "think about the Internet as another way to distribute these previews. The " @@ -9130,8 +9386,8 @@ msgid "" msgstr "" #. PAGE BREAK 157 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7047 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7109 msgid "" "In 1998, Video Pipeline informed Disney and other film distributors that it " "intended to distribute the trailers through the Internet (rather than " @@ -9146,8 +9402,8 @@ msgid "" "fact their rights." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7064 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7124 msgid "" "Disney countersued—for $100 million in damages. Those damages were " "predicated upon a claim that Video Pipeline had \"willfully infringed\" on " @@ -9159,8 +9415,8 @@ msgid "" "Pipeline for $100 million." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7076 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7134 msgid "" "Disney has the right to control its property, of course. But the video " "stores that were selling Disney's films also had some sort of right to be " @@ -9171,8 +9427,8 @@ msgid "" "Disney's permission." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7085 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7143 msgid "" "Now, you might think this is a close case, and I think the courts would " "consider it a close case. My point here is to map the change that gives " @@ -9188,8 +9444,8 @@ msgid "" msgstr "" #. PAGE BREAK 158 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7100 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7158 msgid "" "No doubt, a potential is not yet an abuse, and so the potential for control " "is not yet the abuse of control. Barnes & Noble has the right to say you " @@ -9205,8 +9461,8 @@ msgid "" "are quite slight." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7115 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7173 msgid "" "Again, my aim so far is simply to map the changes that this changed " "architecture enables. Enabling technology to enforce the control of " @@ -9216,13 +9472,13 @@ msgid "" "contexts it is a recipe for disaster." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:7124 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:7182 msgid "Architecture and Law: Force" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7126 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7184 msgid "" "The disappearance of unregulated uses would be change enough, but a second " "important change brought about by the Internet magnifies its " @@ -9230,8 +9486,8 @@ msgid "" "regulation; it affects how such regulation is enforced." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7132 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7190 msgid "" "In the world before digital technology, it was generally the law that " "controlled whether and how someone was regulated by copyright law. The law, " @@ -9240,48 +9496,56 @@ msgid "" "who said whether and how the law would restrict your freedom." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:7139 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7197 msgid "Casablanca" msgstr "" +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7199 freeculture.xml:7378 +msgid "Marx Brothers" +msgstr "" + #. f19 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7148 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7213 msgid "" -"See David Lange, \"Recognizing the Public Domain,\" Law and Contemporary " -"Problems 44 (1981): 172–73." +"See David Lange, \"Recognizing the Public Domain,\" <citetitle>Law and " +"Contemporary Problems</citetitle> 44 (1981): 172–73." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7141 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7205 msgid "" "There's a famous story about a battle between the Marx Brothers and Warner " -"Brothers. The Marxes intended to make a parody of Casablanca. Warner " -"Brothers objected. They wrote a nasty letter to the Marxes, warning them " -"that there would be serious legal consequences if they went forward with " -"their plan.<placeholder type=\"footnote\" id=\"0\"/>" +"Brothers. The Marxes intended to make a parody of " +"<citetitle>Casablanca</citetitle>. Warner Brothers objected. They wrote a " +"nasty letter to the Marxes, warning them that there would be serious legal " +"consequences if they went forward with their plan.<placeholder " +"type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7157 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7222 msgid "" -"Ibid. See also Vaidhyanathan, Copyrights and Copywrongs, 1–3. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"Ibid. See also Vaidhyanathan, <citetitle>Copyrights and " +"Copywrongs</citetitle>, 1–3. <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7153 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7218 msgid "" "This led the Marx Brothers to respond in kind. They warned Warner Brothers " "that the Marx Brothers \"were brothers long before you were.\"<placeholder " "type=\"footnote\" id=\"0\"/> The Marx Brothers therefore owned the word " -"brothers, and if Warner Brothers insisted on trying to control Casablanca, " -"then the Marx Brothers would insist on control over brothers." +"<citetitle>brothers</citetitle>, and if Warner Brothers insisted on trying " +"to control <citetitle>Casablanca</citetitle>, then the Marx Brothers would " +"insist on control over <citetitle>brothers</citetitle>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7165 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7232 msgid "" "An absurd and hollow threat, of course, because Warner Brothers, like the " "Marx Brothers, knew that no court would ever enforce such a silly " @@ -9289,8 +9553,8 @@ msgid "" "Warner Brothers) enjoyed." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7171 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7238 msgid "" "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 machine: " @@ -9301,13 +9565,18 @@ msgid "" "Marx Brothers. The consequence of that is not at all funny." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7182 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7251 +msgid "Adobe eBook Reader" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7254 msgid "Consider the life of my Adobe eBook Reader." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7185 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7257 msgid "" "An e-book is a book delivered in electronic form. An Adobe eBook is not a " "book that Adobe has published; Adobe simply produces the software that " @@ -9315,121 +9584,134 @@ msgid "" "publisher delivers the content by using the technology." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7192 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7264 msgid "On the next page is a picture of an old version of my Adobe eBook Reader." msgstr "" #. PAGE BREAK 160 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7196 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7268 msgid "" "As you can see, I have a small collection of e-books within this e-book " "library. Some of these books reproduce content that is in the public domain: " -"Middlemarch, for example, is in the public domain. Some of them reproduce " -"content that is not in the public domain: My own book The Future of Ideas is " -"not yet within the public domain. Consider Middlemarch first. If you click " -"on my e-book copy of Middlemarch, you'll see a fancy cover, and then a " -"button at the bottom called Permissions." +"<citetitle>Middlemarch</citetitle>, for example, is in the public domain. " +"Some of them reproduce content that is not in the public domain: My own book " +"<citetitle>The Future of Ideas</citetitle> is not yet within the public " +"domain. Consider <citetitle>Middlemarch</citetitle> first. If you click on " +"my e-book copy of <citetitle>Middlemarch</citetitle>, you'll see a fancy " +"cover, and then a button at the bottom called Permissions." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:7207 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:7281 msgid "Picture of an old version of Adobe eBook Reader" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:7208 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7282 msgid "<graphic fileref=\"images/1611.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7211 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7285 msgid "" "If you click on the Permissions button, you'll see a list of the permissions " "that the publisher purports to grant with this book." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:7215 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:7289 msgid "List of the permissions that the publisher purports to grant." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:7216 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7290 msgid "<graphic fileref=\"images/1612.png\"></graphic>" msgstr "" #. PAGE BREAK 161 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7220 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7294 msgid "" "According to my eBook Reader, I have the permission to copy to the clipboard " "of the computer ten text selections every ten days. (So far, I've copied no " "text to the clipboard.) I also have the permission to print ten pages from " "the book every ten days. Lastly, I have the permission to use the Read Aloud " -"button to hear Middlemarch read aloud through the computer." +"button to hear <citetitle>Middlemarch</citetitle> read aloud through the " +"computer." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7304 +msgid "Aristotle" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7236 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7305 +msgid "<citetitle>Politics</citetitle>, (Aristotle)" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7302 msgid "" "Here's the e-book for another work in the public domain (including the " -"translation): Aristotle's Politics." +"translation): Aristotle's <citetitle>Politics</citetitle>. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:7240 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:7308 msgid "E-book of Aristotle;s "Politics"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:7241 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7309 msgid "<graphic fileref=\"images/1621.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7244 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7312 msgid "" "According to its permissions, no printing or copying is permitted at " "all. But fortunately, you can use the Read Aloud button to hear the book." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:7249 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:7317 msgid "List of the permissions for Aristotle;s "Politics"." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:7250 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7318 msgid "<graphic fileref=\"images/1622.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7253 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7321 msgid "" "Finally (and most embarrassingly), here are the permissions for the original " -"e-book version of my last book, The Future of Ideas:" +"e-book version of my last book, <citetitle>The Future of Ideas</citetitle>:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:7258 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:7327 msgid "List of the permissions for "The Future of Ideas"." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:7259 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7328 msgid "<graphic fileref=\"images/1631.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7262 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7331 msgid "No copying, no printing, and don't you dare try to listen to this book!" msgstr "" #. f21 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7272 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7341 msgid "" "In principle, a contract might impose a requirement on me. I might, for " "example, buy a book from you that includes a contract that says I will read " @@ -9439,23 +9721,23 @@ msgid "" "necessarily pass to anyone who subsequently acquired the book." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7265 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7334 msgid "" "Now, the Adobe eBook Reader calls these controls \"permissions\"— as " "if the publisher has the power to control how you use these works. For " "works under copyright, the copyright owner certainly does have the " "power—up to the limits of the copyright law. But for work not under " "copyright, there is no such copyright power.<placeholder type=\"footnote\" " -"id=\"0\"/> When my e-book of Middlemarch says I have the permission to copy " -"only ten text selections into the memory every ten days, what that really " -"means is that the eBook Reader has enabled the publisher to control how I " -"use the book on my computer, far beyond the control that the law would " -"enable." +"id=\"0\"/> When my e-book of <citetitle>Middlemarch</citetitle> says I have " +"the permission to copy only ten text selections into the memory every ten " +"days, what that really means is that the eBook Reader has enabled the " +"publisher to control how I use the book on my computer, far beyond the " +"control that the law would enable." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7287 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7356 msgid "" "The control comes instead from the code—from the technology within " "which the e-book \"lives.\" Though the e-book says that these are " @@ -9473,28 +9755,29 @@ msgid "" "read aloud." msgstr "" -#. PAGE BREAK 163 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7305 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7374 msgid "" -"These are controls, not permissions. Imagine a world where the Marx Brothers " -"sold word processing software that, when you tried to type \"Warner " -"Brothers,\" erased \"Brothers\" from the sentence." +"These are <emphasis>controls</emphasis>, not permissions. Imagine a world " +"where the Marx Brothers sold word processing software that, when you tried " +"to type \"Warner Brothers,\" erased \"Brothers\" from the sentence. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7310 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7381 msgid "" -"This is the future of copyright law: not so much copyright law as copyright " -"code. The controls over access to content will not be controls that are " -"ratified by courts; the controls over access to content will be controls " -"that are coded by programmers. And whereas the controls that are built into " -"the law are always to be checked by a judge, the controls that are built " -"into the technology have no similar built-in check." +"This is the future of copyright law: not so much copyright " +"<emphasis>law</emphasis> as copyright <emphasis>code</emphasis>. The " +"controls over access to content will not be controls that are ratified by " +"courts; the controls over access to content will be controls that are coded " +"by programmers. And whereas the controls that are built into the law are " +"always to be checked by a judge, the controls that are built into the " +"technology have no similar built-in check." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7318 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7390 msgid "" "How significant is this? Isn't it always possible to get around the controls " "built into the technology? Software used to be sold with technologies that " @@ -9503,44 +9786,50 @@ msgid "" "as well?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7326 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7397 msgid "" "We've only scratched the surface of this story. Return to the Adobe eBook " "Reader." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7330 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7407 +msgid "Alice's Adventures in Wonderland (Carroll)" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7401 msgid "" "Early in the life of the Adobe eBook Reader, Adobe suffered a public " "relations nightmare. Among the books that you could download for free on the " -"Adobe site was a copy of Alice's Adventures in Wonderland. This wonderful " -"book is in the public domain. Yet when you clicked on Permissions for that " -"book, you got the following report:" +"Adobe site was a copy of <citetitle>Alice's Adventures in " +"Wonderland</citetitle>. This wonderful book is in the public domain. Yet " +"when you clicked on Permissions for that book, you got the following report: " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:7338 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:7410 msgid "List of the permissions for "Alice's Adventures in Wonderland"." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:7340 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7412 msgid "<graphic fileref=\"images/1641.png\"></graphic>" msgstr "" #. PAGE BREAK 164 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7344 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7416 msgid "" "Here was a public domain children's book that you were not allowed to copy, " "not allowed to lend, not allowed to give, and, as the \"permissions\" " "indicated, not allowed to \"read aloud\"!" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7351 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7421 msgid "" "The public relations nightmare attached to that final permission. For the " "text did not say that you were not permitted to use the Read Aloud button; " @@ -9550,8 +9839,8 @@ msgid "" "absurd." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7359 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7429 msgid "" "Adobe responded quickly that it was absurd to think that it was trying to " "restrict the right to read a book aloud. Obviously it was only restricting " @@ -9565,8 +9854,8 @@ msgid "" "because the answer, however absurd it might seem, is no." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7372 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7442 msgid "" "The point is not to blame Adobe. Indeed, Adobe is among the most innovative " "companies developing strategies to balance open access to content with " @@ -9575,20 +9864,20 @@ msgid "" "is understandable, yet what it creates is often crazy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7380 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7451 msgid "" "To see the point in a particularly absurd context, consider a favorite story " "of mine that makes the same point." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:7384 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7455 msgid "Aibo robotic dog" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7387 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7458 msgid "" "Consider the robotic dog made by Sony named \"Aibo.\" The Aibo learns " "tricks, cuddles, and follows you around. It eats only electricity and that " @@ -9596,8 +9885,8 @@ msgid "" msgstr "" #. PAGE BREAK 165 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7392 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7463 msgid "" "The Aibo is expensive and popular. Fans from around the world have set up " "clubs to trade stories. One fan in particular set up a Web site to enable " @@ -9607,8 +9896,8 @@ msgid "" "the ones Sony had taught it." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7401 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7472 msgid "" "\"Teach\" here has a special meaning. Aibos are just cute computers. You " "teach a computer how to do something by programming it differently. So to " @@ -9618,23 +9907,24 @@ msgid "" "tricks (thus, aibohack.com)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7409 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7480 msgid "" -"If you're not a programmer or don't know many programmers, the word hack has " -"a particularly unfriendly connotation. Nonprogrammers hack bushes or " -"weeds. Nonprogrammers in horror movies do even worse. But to programmers, or " -"coders, as I call them, hack is a much more positive term. Hack just means " -"code that enables the program to do something it wasn't originally intended " -"or enabled to do. If you buy a new printer for an old computer, you might " -"find the old computer doesn't run, or \"drive,\" the printer. If you " -"discovered that, you'd later be happy to discover a hack on the Net by " -"someone who has written a driver to enable the computer to drive the printer " -"you just bought." +"If you're not a programmer or don't know many programmers, the word " +"<citetitle>hack</citetitle> has a particularly unfriendly " +"connotation. Nonprogrammers hack bushes or weeds. Nonprogrammers in horror " +"movies do even worse. But to programmers, or coders, as I call them, " +"<citetitle>hack</citetitle> is a much more positive " +"term. <citetitle>Hack</citetitle> just means code that enables the program " +"to do something it wasn't originally intended or enabled to do. If you buy a " +"new printer for an old computer, you might find the old computer doesn't " +"run, or \"drive,\" the printer. If you discovered that, you'd later be happy " +"to discover a hack on the Net by someone who has written a driver to enable " +"the computer to drive the printer you just bought." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7421 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7492 msgid "" "Some hacks are easy. Some are unbelievably hard. Hackers as a community like " "to challenge themselves and others with increasingly difficult " @@ -9643,8 +9933,8 @@ msgid "" "ethically." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7428 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7499 msgid "" "The Aibo fan was displaying a bit of both when he hacked the program and " "offered to the world a bit of code that would enable the Aibo to dance " @@ -9654,8 +9944,8 @@ msgid "" msgstr "" #. PAGE BREAK 166 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7436 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7507 msgid "" "I've told this story in many contexts, both inside and outside the United " "States. Once I was asked by a puzzled member of the audience, is it " @@ -9665,12 +9955,12 @@ msgid "" "dance jazz. Nor is it a crime to teach your dog to dance jazz. Nor should it " "be a crime (though we don't have a lot to go on here) to teach your robot " "dog to dance jazz. Dancing jazz is a completely legal activity. One imagines " -"that the owner of aibopet.com thought, What possible problem could there be " -"with teaching a robot dog to dance?" +"that the owner of aibopet.com thought, <emphasis>What possible problem could " +"there be with teaching a robot dog to dance?</emphasis>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7452 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7523 msgid "" "Let's put the dog to sleep for a minute, and turn to a pony show— not " "literally a pony show, but rather a paper that a Princeton academic named Ed " @@ -9683,28 +9973,30 @@ msgid "" "knew very well." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:7475 freeculture.xml:9897 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7546 freeculture.xml:9986 msgid "Electronic Frontier Foundation" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7465 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7536 msgid "" "See Pamela Samuelson, \"Anticircumvention Rules: Threat to Science,\" " -"Science 293 (2001): 2028; Brendan I. Koerner, \"Play Dead: Sony Muzzles the " -"Techies Who Teach a Robot Dog New Tricks,\" American Prospect, January 2002; " -"\"Court Dismisses Computer Scientists' Challenge to DMCA,\" Intellectual " -"Property Litigation Reporter, 11 December 2001; Bill Holland, \"Copyright " -"Act Raising Free-Speech Concerns,\" Billboard, May 2001; Janelle Brown, \"Is " -"the RIAA Running Scared?\" Salon.com, April 2001; Electronic Frontier " -"Foundation, \"Frequently Asked Questions about Felten and USENIX v. RIAA " +"<citetitle>Science</citetitle> 293 (2001): 2028; Brendan I. Koerner, \"Play " +"Dead: Sony Muzzles the Techies Who Teach a Robot Dog New Tricks,\" " +"<citetitle>American Prospect</citetitle>, January 2002; \"Court Dismisses " +"Computer Scientists' Challenge to DMCA,\" <citetitle>Intellectual Property " +"Litigation Reporter</citetitle>, 11 December 2001; Bill Holland, \"Copyright " +"Act Raising Free-Speech Concerns,\" <citetitle>Billboard</citetitle>, May " +"2001; Janelle Brown, \"Is the RIAA Running Scared?\" Salon.com, April 2001; " +"Electronic Frontier Foundation, \"Frequently Asked Questions about " +"<citetitle>Felten and USENIX</citetitle> v. <citetitle>RIAA</citetitle> " "Legal Case,\" available at <ulink url=\"http://free-culture.cc/notes/\">link " "#27</ulink>. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7463 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7534 msgid "" "But Felten's bravery was really tested in April 2001.<placeholder " "type=\"footnote\" id=\"0\"/> He and a group of colleagues were working on a " @@ -9713,8 +10005,8 @@ msgid "" "Initiative as a technique to control the distribution of music." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7483 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7554 msgid "" "The SDMI coalition had as its goal a technology to enable content owners to " "exercise much better control over their content than the Internet, as it " @@ -9725,8 +10017,8 @@ msgid "" "trust the system of the Internet much more." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7493 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7564 msgid "" "When SDMI thought it was close to a standard, it set up a competition. In " "exchange for providing contestants with the code to an SDMI-encrypted bit of " @@ -9735,8 +10027,8 @@ msgid "" msgstr "" #. PAGE BREAK 167 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7500 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7571 msgid "" "Felten and his team figured out the encryption system quickly. He and the " "team saw the weakness of this system as a type: Many encryption systems " @@ -9744,8 +10036,8 @@ msgid "" "worthwhile to point this out to those who study encryption." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7506 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7577 msgid "" "Let's review just what Felten was doing. Again, this is the United " "States. We have a principle of free speech. We have this principle not just " @@ -9755,8 +10047,8 @@ msgid "" "systems or people or ideas criticized." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7514 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7585 msgid "" "What Felten and his colleagues were doing was publishing a paper describing " "the weakness in a technology. They were not spreading free music, or " @@ -9765,24 +10057,24 @@ msgid "" "SDMI system, and why SDMI would not, as presently constituted, succeed." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7522 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7593 msgid "" "What links these two, aibopet.com and Felten, is the letters they then " "received. Aibopet.com received a letter from Sony about the aibopet.com " "hack. Though a jazz-dancing dog is perfectly legal, Sony wrote:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:7529 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:7600 msgid "" "Your site contains information providing the means to circumvent AIBO-ware's " "copy protection protocol constituting a violation of the anti-circumvention " "provisions of the Digital Millennium Copyright Act." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7535 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7606 msgid "" "And though an academic paper describing the weakness in a system of " "encryption should also be perfectly legal, Felten received a letter from an " @@ -9790,8 +10082,8 @@ msgid "" msgstr "" #. PAGE BREAK 168 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:7541 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:7612 msgid "" "Any disclosure of information gained from participating in the Public " "Challenge would be outside the scope of activities permitted by the " @@ -9799,37 +10091,39 @@ msgid "" "Digital Millennium Copyright Act (\"DMCA\")." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7549 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7620 msgid "" "In both cases, this weirdly Orwellian law was invoked to control the spread " "of information. The Digital Millennium Copyright Act made spreading such " "information an offense." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7554 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7625 msgid "" "The DMCA was enacted as a response to copyright owners' first fear about " "cyberspace. The fear was that copyright control was effectively dead; the " "response was to find technologies that might compensate. These new " "technologies would be copyright protection technologies— technologies " "to control the replication and distribution of copyrighted material. They " -"were designed as code to modify the original code of the Internet, to " -"reestablish some protection for copyright owners." +"were designed as <emphasis>code</emphasis> to modify the original " +"<emphasis>code</emphasis> of the Internet, to reestablish some protection " +"for copyright owners." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7563 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7636 msgid "" "The DMCA was a bit of law intended to back up the protection of this code " -"designed to protect copyrighted material. It was, we could say, legal code " -"intended to buttress software code which itself was intended to support the " -"legal code of copyright." +"designed to protect copyrighted material. It was, we could say, " +"<emphasis>legal code</emphasis> intended to buttress <emphasis>software " +"code</emphasis> which itself was intended to support the <emphasis>legal " +"code of copyright</emphasis>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7569 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7643 msgid "" "But the DMCA was not designed merely to protect copyrighted works to the " "extent copyright law protected them. Its protection, that is, did not end at " @@ -9840,8 +10134,8 @@ msgid "" msgstr "" #. PAGE BREAK 169 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7578 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7652 msgid "" "Aibopet.com and Felten make the point. The Aibo hack circumvented a " "copyright protection system for the purpose of enabling the dog to dance " @@ -9854,8 +10148,8 @@ msgid "" "system was circumvented." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7590 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7664 msgid "" "The threat against Felten was more attenuated, but it followed the same line " "of reasoning. By publishing a paper describing how a copyright protection " @@ -9865,30 +10159,37 @@ msgid "" "others to infringe others' copyright." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7598 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7680 freeculture.xml:7715 freeculture.xml:7747 +msgid "Conrad, Paul" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7672 msgid "" "The bizarreness of these arguments is captured in a cartoon drawn in 1981 by " "Paul Conrad. At that time, a court in California had held that the VCR could " "be banned because it was a copyright-infringing technology: It enabled " "consumers to copy films without the permission of the copyright owner. No " "doubt there were uses of the technology that were legal: Fred Rogers, aka " -"\"Mr. Rogers,\" for example, had testified in that case that he wanted " -"people to feel free to tape Mr. Rogers' Neighborhood." +"\"<citetitle>Mr. Rogers</citetitle>,\" for example, had testified in that " +"case that he wanted people to feel free to tape Mr. Rogers' Neighborhood. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. f23 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:7624 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:7699 msgid "" -"Sony Corporation of America v. Universal City Studios, Inc., 464 U.S. 417, " -"455 fn. 27 (1984). Rogers never changed his view about the VCR. See James " -"Lardner, Fast Forward: Hollywood, the Japanese, and the Onslaught of the VCR " +"<citetitle>Sony Corporation of America</citetitle> v. <citetitle>Universal " +"City Studios, Inc</citetitle>., 464 U.S. 417, 455 fn. 27 (1984). Rogers " +"never changed his view about the VCR. See James Lardner, <citetitle>Fast " +"Forward: Hollywood, the Japanese, and the Onslaught of the VCR</citetitle> " "(New York: W. W. Norton, 1987), 270–71." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:7609 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:7684 msgid "" "Some public stations, as well as commercial stations, program the " "\"Neighborhood\" at hours when some children cannot use it. I think that " @@ -9906,26 +10207,28 @@ msgid "" msgstr "" #. PAGE BREAK 170 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7633 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7708 msgid "" "Even though there were uses that were legal, because there were some uses " "that were illegal, the court held the companies producing the VCR " "responsible." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7638 -msgid "This led Conrad to draw the cartoon below, which we can adopt to the DMCA." +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7713 +msgid "" +"This led Conrad to draw the cartoon below, which we can adopt to the DMCA. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7642 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7718 msgid "No argument I have can top this picture, but let me try to get close." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7645 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7721 msgid "" "The anticircumvention provisions of the DMCA target copyright circumvention " "technologies. Circumvention technologies can be used for different " @@ -9936,8 +10239,8 @@ msgid "" msgstr "" #. PAGE BREAK 171 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7653 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7729 msgid "" "A handgun can be used to shoot a police officer or a child. Most would agree " "such a use is bad. Or a handgun can be used for target practice or to " @@ -9945,29 +10248,30 @@ msgid "" "be good. It, too, is a technology that has both good and bad uses." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:7661 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:7737 msgid "VCR/handgun cartoon." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:7662 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7738 msgid "<graphic fileref=\"images/1711.png\"></graphic>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7665 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7741 msgid "" "The obvious point of Conrad's cartoon is the weirdness of a world where guns " "are legal, despite the harm they can do, while VCRs (and circumvention " -"technologies) are illegal. Flash: No one ever died from copyright " -"circumvention. Yet the law bans circumvention technologies absolutely, " -"despite the potential that they might do some good, but permits guns, " -"despite the obvious and tragic harm they do." +"technologies) are illegal. Flash: <emphasis>No one ever died from copyright " +"circumvention</emphasis>. Yet the law bans circumvention technologies " +"absolutely, despite the potential that they might do some good, but permits " +"guns, despite the obvious and tragic harm they do. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7673 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7750 msgid "" "The Aibo and RIAA examples demonstrate how copyright owners are changing the " "balance that copyright law grants. Using code, copyright owners restrict " @@ -9977,22 +10281,22 @@ msgid "" "erasing." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7681 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7758 msgid "" -"This is how code becomes law. The controls built into the technology of copy " -"and access protection become rules the violation of which is also a " -"violation of the law. In this way, the code extends the law—increasing " -"its regulation, even if the subject it regulates (activities that would " -"otherwise plainly constitute fair use) is beyond the reach of the law. Code " -"becomes law; code extends the law; code thus extends the control that " -"copyright owners effect—at least for those copyright holders with the " -"lawyers who can write the nasty letters that Felten and aibopet.com " -"received." +"This is how <emphasis>code</emphasis> becomes <emphasis>law</emphasis>. The " +"controls built into the technology of copy and access protection become " +"rules the violation of which is also a violation of the law. In this way, " +"the code extends the law—increasing its regulation, even if the " +"subject it regulates (activities that would otherwise plainly constitute " +"fair use) is beyond the reach of the law. Code becomes law; code extends the " +"law; code thus extends the control that copyright owners effect—at " +"least for those copyright holders with the lawyers who can write the nasty " +"letters that Felten and aibopet.com received." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7691 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7770 msgid "" "There is one final aspect of the interaction between architecture and law " "that contributes to the force of copyright's regulation. This is the ease " @@ -10006,26 +10310,26 @@ msgid "" msgstr "" #. f24 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7710 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7789 msgid "" "For an early and prescient analysis, see Rebecca Tushnet, \"Legal Fictions, " -"Copyright, Fan Fiction, and a New Common Law,\" Loyola of Los Angeles " -"Entertainment Law Journal 17 (1997): 651." +"Copyright, Fan Fiction, and a New Common Law,\" <citetitle>Loyola of Los " +"Angeles Entertainment Law Journal</citetitle> 17 (1997): 651." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7704 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7783 msgid "" -"For example, imagine you were part of a Star Trek fan club. You gathered " -"every month to share trivia, and maybe to enact a kind of fan fiction about " -"the show. One person would play Spock, another, Captain Kirk. The characters " -"would begin with a plot from a real story, then simply continue " -"it.<placeholder type=\"footnote\" id=\"0\"/>" +"For example, imagine you were part of a <citetitle>Star Trek</citetitle> fan " +"club. You gathered every month to share trivia, and maybe to enact a kind of " +"fan fiction about the show. One person would play Spock, another, Captain " +"Kirk. The characters would begin with a plot from a real story, then simply " +"continue it.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7716 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7795 msgid "" "Before the Internet, this was, in effect, a totally unregulated activity. " "No matter what happened inside your club room, you would never be interfered " @@ -10034,8 +10338,8 @@ msgid "" "wished without fear of legal control." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7723 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7802 msgid "" "But if you moved your club onto the Internet, and made it generally " "available for others to join, the story would be very different. Bots " @@ -10047,8 +10351,8 @@ msgid "" "is quick." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7733 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7812 msgid "" "This change in the effective force of the law is caused by a change in the " "ease with which the law can be enforced. That change too shifts the law's " @@ -10058,14 +10362,14 @@ msgid "" "is, in effect, what is happening here." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:7742 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:7821 msgid "Market: Concentration" msgstr "" #. PAGE BREAK 173 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7744 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7823 msgid "" "So copyright's duration has increased dramatically—tripled in the past " "thirty years. And copyright's scope has increased as well—from " @@ -10082,8 +10386,8 @@ msgid "" "to copyright's control." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7762 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7841 msgid "" "Still, in my view, all of these changes would not matter much if it weren't " "for one more change that we must also consider. This is a change that is in " @@ -10092,8 +10396,8 @@ msgid "" "about all the other changes I have described." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7769 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7848 msgid "" "This is the change in the concentration and integration of the media. In " "the past twenty years, the nature of media ownership has undergone a radical " @@ -10105,19 +10409,14 @@ msgid "" "three companies control more than percent of the media." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7780 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7859 msgid "These changes are of two sorts: the scope of concentration, and its nature." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:7783 -msgid "BMG" -msgstr "" - #. f25 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7789 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7867 msgid "" "FCC Oversight: Hearing Before the Senate Commerce, Science and " "Transportation Committee, 108th Cong., 1st sess. (22 May 2003) (statement " @@ -10125,28 +10424,48 @@ msgid "" msgstr "" #. f26 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7796 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7874 msgid "" "Lynette Holloway, \"Despite a Marketing Blitz, CD Sales Continue to Slide,\" " -"New York Times, 23 December 2002." +"<citetitle>New York Times</citetitle>, 23 December 2002." msgstr "" #. f27 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7802 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7880 msgid "" -"Molly Ivins, \"Media Consolidation Must Be Stopped,\" Charleston Gazette, 31 " -"May 2003." +"Molly Ivins, \"Media Consolidation Must Be Stopped,\" <citetitle>Charleston " +"Gazette</citetitle>, 31 May 2003." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:7805 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7883 +msgid "BMG" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7884 freeculture.xml:9221 +msgid "EMI" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7885 msgid "McCain, John" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7785 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7886 freeculture.xml:9222 +msgid "Universal Music Group" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:7887 +msgid "Warner Music Group" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7863 msgid "" "Changes in scope are the easier ones to describe. As Senator John McCain " "summarized the data produced in the FCC's review of media ownership, \"five " @@ -10156,24 +10475,28 @@ msgid "" "84.8 percent of the U.S. music market.<placeholder type=\"footnote\" " "id=\"1\"/> The \"five largest cable companies pipe programming to 74 percent " "of the cable subscribers nationwide.\"<placeholder type=\"footnote\" " -"id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/>" +"id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/> <placeholder " +"type=\"indexterm\" id=\"4\"/> <placeholder type=\"indexterm\" id=\"5\"/> " +"<placeholder type=\"indexterm\" id=\"6\"/> <placeholder type=\"indexterm\" " +"id=\"7\"/>" msgstr "" #. PAGE BREAK 174 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7808 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7890 msgid "" "The story with radio is even more dramatic. Before deregulation, the " "nation's largest radio broadcasting conglomerate owned fewer than " -"seventy-five stations. Today one company owns more than 1,200 stations. " -"During that period of consolidation, the total number of radio owners " -"dropped by 34 percent. Today, in most markets, the two largest broadcasters " -"control 74 percent of that market's revenues. Overall, just four companies " -"control 90 percent of the nation's radio advertising revenues." +"seventy-five stations. Today <emphasis>one</emphasis> company owns more than " +"1,200 stations. During that period of consolidation, the total number of " +"radio owners dropped by 34 percent. Today, in most markets, the two largest " +"broadcasters control 74 percent of that market's revenues. Overall, just " +"four companies control 90 percent of the nation's radio advertising " +"revenues." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7819 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7901 msgid "" "Newspaper ownership is becoming more concentrated as well. Today, there are " "six hundred fewer daily newspapers in the United States than there were " @@ -10186,34 +10509,35 @@ msgid "" "market." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para><indexterm><primary> -#: freeculture.xml:7833 freeculture.xml:7850 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary> +#: freeculture.xml:7915 freeculture.xml:7932 msgid "Fallows, James" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7830 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7912 msgid "" "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, <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:7848 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:7930 msgid "" -"James Fallows, \"The Age of Murdoch,\" Atlantic Monthly (September 2003): " -"89. <placeholder type=\"indexterm\" id=\"0\"/>" +"James Fallows, \"The Age of Murdoch,\" <citetitle>Atlantic " +"Monthly</citetitle> (September 2003): 89. <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:7837 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:7919 msgid "" "Murdoch's companies now constitute a production system unmatched in its " -"integration. They supply content—Fox movies . . . Fox TV shows " -". . . Fox-controlled sports broadcasts, plus newspapers and books. They sell " -"the content to the public and to advertisers—in newspapers, on the " -"broadcast network, on the cable channels. And they operate the physical " +"integration. They supply content—Fox movies … Fox TV shows " +"… Fox-controlled sports broadcasts, plus newspapers and books. They " +"sell the content to the public and to advertisers—in newspapers, on " +"the broadcast network, on the cable channels. And they operate the physical " "distribution system through which the content reaches the " "customers. Murdoch's satellite systems now distribute News Corp. content in " "Europe and Asia; if Murdoch becomes DirecTV's largest single owner, that " @@ -10221,8 +10545,8 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7855 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7937 msgid "" "The pattern with Murdoch is the pattern of modern media. Not just large " "companies owning many radio stations, but a few companies owning as many " @@ -10230,27 +10554,27 @@ msgid "" "thousand words could do:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure><title> -#: freeculture.xml:7861 +#. type: Content of: <book><part><chapter><section><figure><title> +#: freeculture.xml:7943 msgid "Pattern of modern media ownership." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><figure> -#: freeculture.xml:7862 +#. type: Content of: <book><part><chapter><section><figure> +#: freeculture.xml:7944 msgid "<graphic fileref=\"images/1761.png\"></graphic>" msgstr "" #. PAGE BREAK 175 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7866 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7948 msgid "" "Does this concentration matter? Will it affect what is made, or what is " "distributed? Or is it merely a more efficient way to produce and distribute " "content?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7871 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7953 msgid "" "My view was that concentration wouldn't matter. I thought it was nothing " "more than a more efficient financial structure. But now, after reading and " @@ -10258,36 +10582,36 @@ msgid "" "beginning to change my mind." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7877 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7959 msgid "" "Here's a representative story that begins to suggest how this integration " "may matter." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:7880 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7962 msgid "Lear, Norman" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:7882 freeculture.xml:7946 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:7964 freeculture.xml:8027 msgid "All in the Family" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7884 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7966 msgid "" -"In 1969, Norman Lear created a pilot for All in the Family. He took the " -"pilot to ABC. The network didn't like it. It was too edgy, they told " -"Lear. Make it again. Lear made a second pilot, more edgy than the first. ABC " -"was exasperated. You're missing the point, they told Lear. We wanted less " -"edgy, not more." +"In 1969, Norman Lear created a pilot for <citetitle>All in the " +"Family</citetitle>. He took the pilot to ABC. The network didn't like it. It " +"was too edgy, they told Lear. Make it again. Lear made a second pilot, more " +"edgy than the first. ABC was exasperated. You're missing the point, they " +"told Lear. We wanted less edgy, not more." msgstr "" #. f29 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7896 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:7978 msgid "" "Leonard Hill, \"The Axis of Access,\" remarks before Weidenbaum Center " "Forum, \"Entertainment Economics: The Movie Industry,\" St. Louis, Missouri, " @@ -10297,8 +10621,8 @@ msgid "" "url=\"http://free-culture.cc/notes/\">link #29</ulink>)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7891 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7973 msgid "" "Rather than comply, Lear simply took the show elsewhere. CBS was happy to " "have the series; ABC could not stop Lear from walking. The copyrights that " @@ -10307,8 +10631,8 @@ msgid "" msgstr "" #. PAGE BREAK 176 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7908 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7989 msgid "" "The network did not control those copyrights because the law forbade the " "networks from controlling the content they syndicated. The law required a " @@ -10319,8 +10643,8 @@ msgid "" msgstr "" #. f30 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7927 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:8008 msgid "" "NewsCorp./DirecTV Merger and Media Consolidation: Hearings on Media " "Ownership Before the Senate Commerce Committee, 108th Cong., 1st " @@ -10331,8 +10655,8 @@ msgid "" "at FCC En Banc Hearing, Richmond, Virginia, 27 February 2003." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7917 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:7998 msgid "" "In 1994, the FCC abandoned the rules that required this independence. After " "that change, the networks quickly changed the balance. In 1985, there were " @@ -10350,26 +10674,27 @@ msgid "" "decreased 63%.\"<placeholder type=\"footnote\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7948 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8029 msgid "" -"Today, another Norman Lear with another All in the Family would find that he " -"had the choice either to make the show less edgy or to be fired: The content " -"of any show developed for a network is increasingly owned by the network." +"Today, another Norman Lear with another <citetitle>All in the " +"Family</citetitle> would find that he had the choice either to make the show " +"less edgy or to be fired: The content of any show developed for a network is " +"increasingly owned by the network." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:7957 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:8038 msgid "Diller, Barry" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:7958 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:8039 msgid "Moyers, Bill" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7954 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8035 msgid "" "While the number of channels has increased dramatically, the ownership of " "those channels has narrowed to an ever smaller and smaller few. As Barry " @@ -10378,16 +10703,16 @@ msgid "" msgstr "" #. f32 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:7971 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:8052 msgid "" -"\"Barry Diller Takes on Media Deregulation,\" Now with Bill Moyers, Bill " -"Moyers, 25 April 2003, edited transcript available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #31</ulink>." +"\"Barry Diller Takes on Media Deregulation,\" <citetitle>Now with Bill " +"Moyers</citetitle>, Bill Moyers, 25 April 2003, edited transcript available " +"at <ulink url=\"http://free-culture.cc/notes/\">link #31</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:7962 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:8043 msgid "" "Well, if you have companies that produce, that finance, that air on their " "channel and then distribute worldwide everything that goes through their " @@ -10397,8 +10722,8 @@ msgid "" "you have less than a handful.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7978 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8059 msgid "" "This narrowing has an effect on what is produced. The product of such large " "and concentrated networks is increasingly homogenous. Increasingly " @@ -10411,28 +10736,30 @@ msgid "" "the environment for a democracy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:7989 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8070 msgid "Clark, Kim B." msgstr "" #. f33 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:7998 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:8079 msgid "" -"Clayton M. Christensen, The Innovator's Dilemma: The Revolutionary National " -"Bestseller that Changed the Way We Do Business (Cambridge: Harvard Business " -"School Press, 1997). Christensen acknowledges that the idea was first " -"suggested by Dean Kim Clark. See Kim B. Clark, \"The Interaction of Design " -"Hierarchies and Market Concepts in Technological Evolution,\" Research " -"Policy 14 (1985): 235–51. For a more recent study, see Richard Foster " -"and Sarah Kaplan, Creative Destruction: Why Companies That Are Built to Last " -"Underperform the Market—and How to Successfully Transform Them (New " -"York: Currency/Doubleday, 2001)." +"Clayton M. Christensen, <citetitle>The Innovator's Dilemma: The " +"Revolutionary National Bestseller that Changed the Way We Do " +"Business</citetitle> (Cambridge: Harvard Business School Press, " +"1997). Christensen acknowledges that the idea was first suggested by Dean " +"Kim Clark. See Kim B. Clark, \"The Interaction of Design Hierarchies and " +"Market Concepts in Technological Evolution,\" <citetitle>Research " +"Policy</citetitle> 14 (1985): 235–51. For a more recent study, see " +"Richard Foster and Sarah Kaplan, <citetitle>Creative Destruction: Why " +"Companies That Are Built to Last Underperform the Market—and How to " +"Successfully Transform Them</citetitle> (New York: Currency/Doubleday, " +"2001)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:7991 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8072 msgid "" "Economics itself offers a parallel that explains why this integration " "affects creativity. Clay Christensen has written about the \"Innovator's " @@ -10445,23 +10772,23 @@ msgid "" "too little sprinting. <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8015 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8096 msgid "" "I don't think we know enough about the economics of the media market to say " "with certainty what concentration and integration will do. The efficiencies " "are important, and the effect on culture is hard to measure." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8021 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8102 msgid "" "But there is a quintessentially obvious example that does strongly suggest " "the concern." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8025 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8106 msgid "" "In addition to the copyright wars, we're in the middle of the drug " "wars. Government policy is strongly directed against the drug cartels; " @@ -10469,8 +10796,8 @@ msgid "" msgstr "" #. PAGE BREAK 178 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8030 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8111 msgid "" "Let me hereby disqualify myself from any possible appointment to any " "position in government by saying I believe this war is a profound mistake. I " @@ -10487,16 +10814,16 @@ msgid "" "reduced drug consumption by Americans could possibly outweigh these costs." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8049 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8130 msgid "" "You may not be convinced. That's fine. We live in a democracy, and it is " "through votes that we are to choose policy. But to do that, we depend " "fundamentally upon the press to help inform Americans about these issues." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8055 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8136 msgid "" "Beginning in 1998, the Office of National Drug Control Policy launched a " "media campaign as part of the \"war on drugs.\" The campaign produced scores " @@ -10510,15 +10837,15 @@ msgid "" "campaign." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8067 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8148 msgid "" "Fair enough. It's a good ad. Not terribly misleading. It delivers its " "message well. It's a fair and reasonable message." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8071 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8152 msgid "" "But let's say you think it is a wrong message, and you'd like to run a " "countercommercial. Say you want to run a series of ads that try to " @@ -10527,8 +10854,8 @@ msgid "" msgstr "" #. PAGE BREAK 179 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8077 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8158 msgid "" "Well, obviously, these ads cost lots of money. Assume you raise the " "money. Assume a group of concerned citizens donates all the money in the " @@ -10536,23 +10863,33 @@ msgid "" "heard then?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:8118 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:8200 msgid "Comcast" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:8119 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:8201 msgid "Marijuana Policy Project" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:8120 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:8202 +msgid "NBC" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:8203 msgid "WJOA" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:8094 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:8204 +msgid "WRC" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:8175 msgid "" "The Marijuana Policy Project, in February 2003, sought to place ads that " "directly responded to the Nick and Norm series on stations within the " @@ -10563,26 +10900,29 @@ msgid "" "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 " -"(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 <ulink " +"from TV Networks,\" <citetitle>New York Times</citetitle>, 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,\" <citetitle>Yale Law and Policy " +"Review</citetitle> 6 (1988): 449–79, and for a more recent summary of " +"the stance of the FCC and the courts, see <citetitle>Radio-Television News " +"Directors Association</citetitle> v. <citetitle>FCC</citetitle>, 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 <ulink " "url=\"http://free-culture.cc/notes/\">link #32</ulink>. The ground was that " "the criticism was \"too controversial.\" <placeholder type=\"indexterm\" " "id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> <placeholder " -"type=\"indexterm\" id=\"2\"/>" +"type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" id=\"3\"/> " +"<placeholder type=\"indexterm\" id=\"4\"/> <placeholder type=\"indexterm\" " +"id=\"5\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8084 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8165 msgid "" "No. You cannot. Television stations have a general policy of avoiding " "\"controversial\" ads. Ads sponsored by the government are deemed " @@ -10595,8 +10935,8 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8124 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8208 msgid "" "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 media throws " @@ -10608,13 +10948,13 @@ msgid "" "mere few get to decide which issues the rest of us get to know about." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:8136 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:8220 msgid "Together" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8138 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8222 msgid "" "There is something innocent and obvious about the claim of the copyright " "warriors that the government should \"protect my property.\" In the " @@ -10623,8 +10963,8 @@ msgid "" msgstr "" #. PAGE BREAK 180 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8144 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8228 msgid "" "But when we see how dramatically this \"property\" has changed— when " "we recognize how it might now interact with both technology and markets to " @@ -10638,8 +10978,8 @@ msgid "" "property should be redefined." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8160 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8244 msgid "" "Not starkly. Or absolutely. My point is not that we should abolish copyright " "or go back to the eighteenth century. That would be a total mistake, " @@ -10647,8 +10987,8 @@ msgid "" "today." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8166 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8250 msgid "" "But there is a space between zero and one, Internet culture " "notwithstanding. And these massive shifts in the effective power of " @@ -10661,8 +11001,8 @@ msgid "" "regulation—a weakening of that regulation, to strengthen creativity." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8178 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8262 msgid "" "Copyright law has not been a rock of Gibraltar. It's not a set of constant " "commitments that, for some mysterious reason, teenagers and geeks now " @@ -10670,56 +11010,56 @@ msgid "" "time, as the technologies of distribution and creation have changed and as " "lobbyists have pushed for more control by copyright holders. Changes in the " "past in response to changes in technology suggest that we may well need " -"similar changes in the future. And these changes have to be reductions in " -"the scope of copyright, in response to the extraordinary increase in control " -"that technology and the market enable." +"similar changes in the future. And these changes have to be " +"<emphasis>reductions</emphasis> in the scope of copyright, in response to " +"the extraordinary increase in control that technology and the market enable." msgstr "" #. PAGE BREAK 181 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8190 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8274 msgid "" "For the single point that is lost in this war on pirates is a point that we " "see only after surveying the range of these changes. When you add together " "the effect of changing law, concentrated markets, and changing technology, " -"together they produce an astonishing conclusion: Never in our history have " -"fewer had a legal right to control more of the development of our culture " -"than now." +"together they produce an astonishing conclusion: <emphasis>Never in our " +"history have fewer had a legal right to control more of the development of " +"our culture than now</emphasis>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:8213 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:8298 msgid "" "Siva Vaidhyanathan captures a similar point in his \"four surrenders\" of " "copyright law in the digital age. See Vaidhyanathan, 159–60. " "<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8199 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8283 msgid "" "Not when copyrights were perpetual, for when copyrights were perpetual, they " "affected only that precise creative work. Not when only publishers had the " "tools to publish, for the market then was much more diverse. Not when there " "were only three television networks, for even then, newspapers, film " "studios, radio stations, and publishers were independent of the " -"networks. Never has copyright protected such a wide range of rights, against " -"as broad a range of actors, for a term that was remotely as long. This form " -"of regulation—a tiny regulation of a tiny part of the creative energy " -"of a nation at the founding—is now a massive regulation of the overall " -"creative process. Law plus technology plus the market now interact to turn " -"this historically benign regulation into the most significant regulation of " -"culture that our free society has known.<placeholder type=\"footnote\" " -"id=\"0\"/>" -msgstr "" - -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8219 +"networks. <emphasis>Never</emphasis> has copyright protected such a wide " +"range of rights, against as broad a range of actors, for a term that was " +"remotely as long. This form of regulation—a tiny regulation of a tiny " +"part of the creative energy of a nation at the founding—is now a " +"massive regulation of the overall creative process. Law plus technology plus " +"the market now interact to turn this historically benign regulation into the " +"most significant regulation of culture that our free society has " +"known.<placeholder type=\"footnote\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8304 msgid "This has been a long chapter. Its point can now be briefly stated." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8222 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8307 msgid "" "At the start of this book, I distinguished between commercial and " "noncommercial culture. In the course of this chapter, I have distinguished " @@ -10728,39 +11068,39 @@ msgid "" "undergone. In 1790, the law looked like this:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry> -#: freeculture.xml:8235 freeculture.xml:8273 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:8319 freeculture.xml:8356 msgid "PUBLISH" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry> -#: freeculture.xml:8236 freeculture.xml:8274 freeculture.xml:8313 freeculture.xml:8346 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:8320 freeculture.xml:8357 freeculture.xml:8395 freeculture.xml:8427 msgid "TRANSFORM" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:8241 freeculture.xml:8279 freeculture.xml:8318 freeculture.xml:8351 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:8325 freeculture.xml:8362 freeculture.xml:8400 freeculture.xml:8432 msgid "Commercial" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:8242 freeculture.xml:8280 freeculture.xml:8281 freeculture.xml:8319 freeculture.xml:8320 freeculture.xml:8352 freeculture.xml:8353 freeculture.xml:8357 freeculture.xml:8358 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:8326 freeculture.xml:8363 freeculture.xml:8364 freeculture.xml:8401 freeculture.xml:8402 freeculture.xml:8433 freeculture.xml:8434 freeculture.xml:8438 freeculture.xml:8439 msgid "©" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:8243 freeculture.xml:8247 freeculture.xml:8248 freeculture.xml:8285 freeculture.xml:8286 freeculture.xml:8325 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:8327 freeculture.xml:8331 freeculture.xml:8332 freeculture.xml:8368 freeculture.xml:8369 freeculture.xml:8407 msgid "Free" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:8246 freeculture.xml:8284 freeculture.xml:8323 freeculture.xml:8356 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:8330 freeculture.xml:8367 freeculture.xml:8405 freeculture.xml:8437 msgid "Noncommercial" msgstr "" #. PAGE BREAK 182 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8255 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8339 msgid "" "The act of publishing a map, chart, and book was regulated by copyright " "law. Nothing else was. Transformations were free. And as copyright attached " @@ -10769,13 +11109,13 @@ msgid "" "free." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8264 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8348 msgid "By the end of the nineteenth century, the law had changed to this:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8293 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8376 msgid "" "Derivative works were now regulated by copyright law—if published, " "which again, given the economics of publishing at the time, means if offered " @@ -10783,8 +11123,8 @@ msgid "" "essentially free." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8299 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8382 msgid "" "In 1909 the law changed to regulate copies, not publishing, and after this " "change, the scope of the law was tied to technology. As the technology of " @@ -10793,18 +11133,18 @@ msgid "" "look like this:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><thead><row><entry> -#: freeculture.xml:8312 freeculture.xml:8345 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><thead><row><entry> +#: freeculture.xml:8394 freeculture.xml:8426 msgid "COPY" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><table><tgroup><tbody><row><entry> -#: freeculture.xml:8324 +#. type: Content of: <book><part><chapter><section><informaltable><tgroup><tbody><row><entry> +#: freeculture.xml:8406 msgid "©/Free" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8332 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8414 msgid "" "The law was interpreted to reach noncommercial copying through, say, copy " "machines, but still much of copying outside of the commercial market " @@ -10814,8 +11154,8 @@ msgid "" msgstr "" #. PAGE BREAK 183 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8365 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8446 msgid "" "Every realm is governed by copyright law, whereas before most creativity was " "not. The law now regulates the full range of creativity— commercial or " @@ -10823,8 +11163,8 @@ msgid "" "commercial publishers." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8373 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8454 msgid "" "Obviously, copyright law is not the enemy. The enemy is regulation that does " "no good. So the question that we should be asking just now is whether " @@ -10832,31 +11172,38 @@ msgid "" "actually does any good." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8379 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8460 msgid "" "I have no doubt that it does good in regulating commercial copying. But I " "also have no doubt that it does more harm than good when regulating (as it " "regulates just now) noncommercial copying and, especially, noncommercial " "transformation. And increasingly, for the reasons sketched especially in " -"chapters 7 and 8, one might well wonder whether it does more harm than good " -"for commercial transformation. More commercial transformative work would be " -"created if derivative rights were more sharply restricted." +"chapters <xref xrefstyle=\"select: labelnumber\" linkend=\"recorders\"/> and " +"<xref xrefstyle=\"select: labelnumber\" linkend=\"transformers\"/>, one " +"might well wonder whether it does more harm than good for commercial " +"transformation. More commercial transformative work would be created if " +"derivative rights were more sharply restricted." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:8484 +msgid "legal realist movement" msgstr "" -#. f36 -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:8395 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:8478 msgid "" "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)." +"Property,\" in <citetitle>Nomos XXII: Property</citetitle>, J. Roland " +"Pennock and John W. Chapman, eds. (New York: New York University Press, " +"1980). <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8389 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8472 msgid "" "The issue is therefore not simply whether copyright is property. Of course " "copyright is a kind of \"property,\" and of course, as with any property, " @@ -10866,15 +11213,15 @@ msgid "" "need to give authors and artists incentives with the equally important need " "to assure access to creative work. This balance has always been struck in " "light of new technologies. And for almost half of our tradition, the " -"\"copyright\" did not control at all the freedom of others to build upon or " -"transform a creative work. American culture was born free, and for almost " -"180 years our country consistently protected a vibrant and rich free " -"culture." +"\"copyright\" did not control <emphasis>at all</emphasis> the freedom of " +"others to build upon or transform a creative work. American culture was born " +"free, and for almost 180 years our country consistently protected a vibrant " +"and rich free culture." msgstr "" #. PAGE BREAK 184 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8412 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8496 msgid "" "We achieved that free culture because our law respected important limits on " "the scope of the interests protected by \"property.\" The very birth of " @@ -10892,8 +11239,8 @@ msgid "" "vision that dominates the debate today." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8431 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8515 msgid "" "Free culture is increasingly the casualty in this war on piracy. In response " "to a real, if not yet quantified, threat that the technologies of the " @@ -10907,42 +11254,42 @@ msgid "" "with a lawyer." msgstr "" -#. type: Content of: <book><chapter><title> -#: freeculture.xml:8448 +#. type: Content of: <book><part><title> +#: freeculture.xml:8532 msgid "PUZZLES" msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:8452 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:8536 msgid "CHAPTER ELEVEN: Chimera" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:8454 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:8538 msgid "chimeras" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:8457 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:8541 msgid "Wells, H. G." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:8460 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:8544 msgid ""Country of the Blind, The" (Wells)" msgstr "" #. f1. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:8468 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:8552 msgid "" -"H. G. Wells, \"The Country of the Blind\" (1904, 1911). See H. G. Wells, The " -"Country of the Blind and Other Stories, Michael Sherborne, ed. (New York: " -"Oxford University Press, 1996)." +"H. G. Wells, \"The Country of the Blind\" (1904, 1911). See H. G. Wells, " +"<citetitle>The Country of the Blind and Other Stories</citetitle>, Michael " +"Sherborne, ed. (New York: Oxford University Press, 1996)." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8464 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8548 msgid "" "In a well-known short story by H. G. Wells, a mountain climber named Nunez " "trips (literally, down an ice slope) into an unknown and isolated valley in " @@ -10955,22 +11302,22 @@ msgid "" "life as a king." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8480 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8564 msgid "" "Things don't go quite as he planned. He tries to explain the idea of 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!'\"" +"They don't have the word <citetitle>blind</citetitle>. 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!'\"" msgstr "" #. PAGE BREAK 187 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8492 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8576 msgid "" "The villagers don't leave him alone. Nor do they see (so to speak) the " "virtue of his special power. Not even the ultimate target of his affection, " @@ -10983,8 +11330,8 @@ msgid "" "mysteriously delighted.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8503 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8587 msgid "" "When Nunez announces his desire to marry his \"mysteriously delighted\" " "love, the father and the village object. \"You see, my dear,\" her father " @@ -10992,22 +11339,23 @@ msgid "" "They take Nunez to the village doctor." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8509 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8593 msgid "" "After a careful examination, the doctor gives his opinion. \"His brain is " "affected,\" he reports." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8513 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8597 msgid "" "\"What affects it?\" the father asks. \"Those queer things that are called " -"the eyes . . . are diseased . . . in such a way as to affect his brain.\"" +"the eyes … are diseased … in such a way as to affect his " +"brain.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8518 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8602 msgid "" "The doctor continues: \"I think I may say with reasonable certainty that in " "order to cure him completely, all that we need to do is a simple and easy " @@ -11016,8 +11364,8 @@ msgid "" msgstr "" #. PAGE BREAK 188 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8524 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8608 msgid "" "\"Thank Heaven for science!\" says the father to the doctor. They inform " "Nunez of this condition necessary for him to be allowed his bride. (You'll " @@ -11028,11 +11376,11 @@ msgid "" "DNA. The DNA in the blood, for example, might be different from the DNA of " "the skin. This possibility is an underused plot for murder mysteries. \"But " "the DNA shows with 100 percent certainty that she was not the person whose " -"blood was at the scene. . . .\"" +"blood was at the scene. …\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8541 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8625 msgid "" "Before I had read about chimeras, I would have said they were impossible. A " "single person can't have two sets of DNA. The very idea of DNA is that it is " @@ -11042,8 +11390,8 @@ msgid "" "this reality." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8549 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8633 msgid "" "The more I work to understand the current struggle over copyright and " "culture, which I've sometimes called unfairly, and sometimes not unfairly " @@ -11059,8 +11407,8 @@ msgid "" "kid: sharing music." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8563 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8647 msgid "" "But the description is also false in part. For when my p2p server is on a " "p2p network through which anyone can get access to my music, then sure, my " @@ -11071,8 +11419,8 @@ msgid "" "ten thousand best friends.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8572 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8656 msgid "" "Likewise, when the other side says, \"File sharing is just like walking into " "a Tower Records and taking a CD off the shelf and walking out with it,\" " @@ -11083,8 +11431,8 @@ msgid "" msgstr "" #. PAGE BREAK 189 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8583 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8667 msgid "" "But it is not quite stealing from Tower. After all, when I take a CD from " "Tower Records, Tower has one less CD to sell. And when I take a CD from " @@ -11095,8 +11443,8 @@ msgid "" "I download a ten-song CD, I'm liable for $1,500,000 in damages.)" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8593 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8677 msgid "" "The point is not that it is as neither side describes. The point is that it " "is both—both as the RIAA describes it and as Kazaa describes it. It is " @@ -11105,13 +11453,18 @@ msgid "" "rules should govern it?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:8639 freeculture.xml:9342 +#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary> +#: freeculture.xml:8723 +msgid "Conyers, John, Jr." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:8724 freeculture.xml:9426 msgid "Berman, Howard L." msgstr "" -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:8609 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:8693 msgid "" "For an excellent summary, see the report prepared by GartnerG2 and the " "Berkman Center for Internet and Society at Harvard Law School, \"Copyright " @@ -11120,31 +11473,32 @@ msgid "" "Conyers Jr. (D-Mich.) and Howard L. Berman (D-Calif.) have introduced a bill " "that would treat unauthorized on-line copying as a felony offense with " "punishments ranging as high as five years imprisonment; see Jon Healey, " -"\"House Bill Aims to Up Stakes on Piracy,\" Los Angeles Times, 17 July 2003, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#34</ulink>. Civil penalties are currently set at $150,000 per copied " -"song. For a recent (and unsuccessful) legal challenge to the RIAA's demand " -"that an ISP reveal the identity of a user accused of sharing more than 600 " -"songs through a family computer, see RIAA v. Verizon Internet Services (In " -"re. Verizon Internet Services), 240 F. Supp. 2d 24 (D.D.C. 2003). Such a " -"user could face liability ranging as high as $90 million. Such astronomical " -"figures furnish the RIAA with a powerful arsenal in its prosecution of file " -"sharers. Settlements ranging from $12,000 to $17,500 for four students " -"accused of heavy file sharing on university networks must have seemed a mere " -"pittance next to the $98 billion the RIAA could seek should the matter " -"proceed to court. See Elizabeth Young, \"Downloading Could Lead to Fines,\" " -"redandblack.com, August 2003, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #35</ulink>. For an example of " -"the RIAA's targeting of student file sharing, and of the subpoenas issued to " -"universities to reveal student file-sharer identities, see James Collins, " -"\"RIAA Steps Up Bid to Force BC, MIT to Name Students,\" Boston Globe, 8 " -"August 2003, D3, available at <ulink " +"\"House Bill Aims to Up Stakes on Piracy,\" <citetitle>Los Angeles " +"Times</citetitle>, 17 July 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #34</ulink>. Civil penalties are " +"currently set at $150,000 per copied song. For a recent (and unsuccessful) " +"legal challenge to the RIAA's demand that an ISP reveal the identity of a " +"user accused of sharing more than 600 songs through a family computer, see " +"<citetitle>RIAA</citetitle> v. <citetitle>Verizon Internet Services (In " +"re. Verizon Internet Services)</citetitle>, 240 F. Supp. 2d 24 " +"(D.D.C. 2003). Such a user could face liability ranging as high as $90 " +"million. Such astronomical figures furnish the RIAA with a powerful arsenal " +"in its prosecution of file sharers. Settlements ranging from $12,000 to " +"$17,500 for four students accused of heavy file sharing on university " +"networks must have seemed a mere pittance next to the $98 billion the RIAA " +"could seek should the matter proceed to court. See Elizabeth Young, " +"\"Downloading Could Lead to Fines,\" redandblack.com, August 2003, available " +"at <ulink url=\"http://free-culture.cc/notes/\">link #35</ulink>. For an " +"example of the RIAA's targeting of student file sharing, and of the " +"subpoenas issued to universities to reveal student file-sharer identities, " +"see James Collins, \"RIAA Steps Up Bid to Force BC, MIT to Name Students,\" " +"<citetitle>Boston Globe</citetitle>, 8 August 2003, D3, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #36</ulink>. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8600 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8684 msgid "" "We could respond by simply pretending that it is not a chimera. We could, " "with the RIAA, decide that every act of file sharing should be a felony. We " @@ -11156,8 +11510,8 @@ msgid "" "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8645 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8730 msgid "" "Alternatively, we could respond to file sharing the way many kids act as " "though we've responded. We could totally legalize it. Let there be no " @@ -11166,21 +11520,22 @@ msgid "" "at all, by social norms but not by law." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8652 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8737 msgid "" "Either response is possible. I think either would be a mistake. Rather than " "embrace one of these two extremes, we should embrace something that " "recognizes the truth in both. And while I end this book with a sketch of a " "system that does just that, my aim in the next chapter is to show just how " "awful it would be for us to adopt the zero-tolerance extreme. I believe " -"either extreme would be worse than a reasonable alternative. But I believe " -"the zero-tolerance solution would be the worse of the two extremes." +"<emphasis>either</emphasis> extreme would be worse than a reasonable " +"alternative. But I believe the zero-tolerance solution would be the worse " +"of the two extremes." msgstr "" #. PAGE BREAK 190 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8664 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8749 msgid "" "Yet zero tolerance is increasingly our government's policy. In the middle of " "the chaos that the Internet has created, an extraordinary land grab is " @@ -11190,8 +11545,8 @@ msgid "" "will be lost." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8672 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8757 msgid "" "I'm not talking about the opportunities for kids to \"steal\" music. My " "focus instead is the commercial and cultural innovation that this war will " @@ -11204,15 +11559,15 @@ msgid "" "protection for copyrighted material," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:8685 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:8770 msgid "" "eMusic opposes music piracy. We are a distributor of copyrighted material, " "and we want to protect those rights." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:8689 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:8774 msgid "" "But building a technology fortress that locks in the clout of the major " "labels is by no means the only way to protect copyright interests, nor is it " @@ -11222,8 +11577,8 @@ msgid "" msgstr "" #. f3. -#. type: Content of: <book><chapter><sect1><blockquote><para><footnote><para> -#: freeculture.xml:8706 +#. type: Content of: <book><part><chapter><blockquote><para><footnote><para> +#: freeculture.xml:8791 msgid "" "WIPO and the DMCA One Year Later: Assessing Consumer Access to Digital " "Entertainment on the Internet and Other Media: Hearing Before the " @@ -11233,8 +11588,8 @@ msgid "" "in LEXIS, Federal Document Clearing House Congressional Testimony File." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:8697 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:8781 msgid "" "This is a critical point. The choices that industry sectors make with " "respect to these systems will in many ways directly shape the market for " @@ -11246,28 +11601,34 @@ msgid "" "everyone's interests.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8721 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:8805 freeculture.xml:9155 +msgid "Vivendi Universal" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8802 msgid "" "In April 2001, eMusic.com was purchased by Vivendi Universal, one of \"the " -"major labels.\" Its position on these matters has now changed." +"major labels.\" Its position on these matters has now changed. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8726 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8808 msgid "" "Reversing our tradition of tolerance now will not merely quash piracy. It " "will sacrifice values that are important to this culture, and will kill " "opportunities that could be extraordinarily valuable." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:8734 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:8816 msgid "CHAPTER TWELVE: Harms" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8737 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8818 msgid "" "To fight \"piracy,\" to protect \"property,\" the content industry has " "launched a war. Lobbying and lots of campaign contributions have now brought " @@ -11276,8 +11637,8 @@ msgid "" "will be suffered most by our own people." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8745 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8825 msgid "" "My aim so far has been to describe the consequences of this war, in " "particular, the consequences for \"free culture.\" But my aim now is to " @@ -11285,8 +11646,8 @@ msgid "" "justified?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8752 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8831 msgid "" "In my view, it is not. There is no good reason why this time, for the first " "time, the law should defend the old against the new, just when the power of " @@ -11294,8 +11655,8 @@ msgid "" "history." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8760 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8839 msgid "" "Yet \"common sense\" does not see it this way. Common sense is still on the " "side of the Causbys and the content industry. The extreme claims of control " @@ -11304,8 +11665,8 @@ msgid "" msgstr "" #. PAGE BREAK 193 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:8767 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:8846 msgid "" "There will be many consequences of continuing this war. I want to describe " "just three. All three might be said to be unintended. I am quite confident " @@ -11314,13 +11675,13 @@ msgid "" "today's monopolists of culture." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:8774 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:8853 msgid "Constraining Creators" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8776 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8855 msgid "" "In the next ten years we will see an explosion of digital technologies. " "These technologies will enable almost anyone to capture and share " @@ -11336,8 +11697,8 @@ msgid "" "in a collage and make it available on the Net." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8791 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8870 msgid "" "This digital \"capturing and sharing\" is in part an extension of the " "capturing and sharing that has always been integral to our culture, and in " @@ -11351,8 +11712,8 @@ msgid "" msgstr "" #. PAGE BREAK 194 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8802 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8881 msgid "" "Technology has thus given us an opportunity to do something with culture " "that has only ever been possible for individuals in small groups, isolated " @@ -11361,8 +11722,8 @@ msgid "" "across the globe." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8812 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8891 msgid "" "Yet all this is possible only if the activity is presumptively legal. In the " "current regime of legal regulation, it is not. Forget file sharing for a " @@ -11375,29 +11736,29 @@ msgid "" "presumptively illegal." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:8840 freeculture.xml:8861 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:8919 freeculture.xml:8940 msgid "Worldcom" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:8835 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:8914 msgid "" -"See Lynne W. Jeter, Disconnected: Deceit and Betrayal at WorldCom (Hoboken, " -"N.J.: John Wiley & Sons, 2003), 176, 204; for details of the settlement, " -"see MCI press release, \"MCI Wins U.S. District Court Approval for SEC " -"Settlement\" (7 July 2003), available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #37</ulink>. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at " +"WorldCom</citetitle> (Hoboken, N.J.: John Wiley & Sons, 2003), 176, 204; " +"for details of the settlement, see MCI press release, \"MCI Wins " +"U.S. District Court Approval for SEC Settlement\" (7 July 2003), available " +"at <ulink url=\"http://free-culture.cc/notes/\">link #37</ulink>. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:8856 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:8935 msgid "Bush, George W." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:8847 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:8926 msgid "" "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 " @@ -11410,8 +11771,8 @@ msgid "" "type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8823 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8902 msgid "" "That presumption will increasingly chill creativity, as the examples of " "extreme penalties for vague infringements continue to proliferate. It is " @@ -11432,17 +11793,18 @@ msgid "" msgstr "" #. f3. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:8884 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:8962 msgid "" -"See Danit Lidor, \"Artists Just Wanna Be Free,\" Wired, 7 July 2003, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#40</ulink>. For an overview of the exhibition, see <ulink " -"url=\"http://free-culture.cc/notes/\">link #41</ulink>." +"See Danit Lidor, \"Artists Just Wanna Be Free,\" " +"<citetitle>Wired</citetitle>, 7 July 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #40</ulink>. For an overview of " +"the exhibition, see <ulink url=\"http://free-culture.cc/notes/\">link " +"#41</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8864 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8943 msgid "" "The consequence of this legal uncertainty, tied to these extremely high " "penalties, is that an extraordinary amount of creativity will either never " @@ -11461,21 +11823,22 @@ msgid "" "expression that is critical or reflective." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8895 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8972 msgid "" "Part of the reason for this fear of illegality has to do with the changing " -"law. I described that change in detail in chapter 10. But an even bigger " -"part has to do with the increasing ease with which infractions can be " -"tracked. As users of file-sharing systems discovered in 2002, it is a " -"trivial matter for copyright owners to get courts to order Internet service " -"providers to reveal who has what content. It is as if your cassette tape " -"player transmitted a list of the songs that you played in the privacy of " -"your own home that anyone could tune into for whatever reason they chose." +"law. I described that change in detail in chapter <xref xrefstyle=\"select: " +"labelnumber\" linkend=\"property-i\"/>. But an even bigger part has to do " +"with the increasing ease with which infractions can be tracked. As users of " +"file-sharing systems discovered in 2002, it is a trivial matter for " +"copyright owners to get courts to order Internet service providers to reveal " +"who has what content. It is as if your cassette tape player transmitted a " +"list of the songs that you played in the privacy of your own home that " +"anyone could tune into for whatever reason they chose." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8906 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8984 msgid "" "Never in our history has a painter had to worry about whether his painting " "infringed on someone else's work; but the modern-day painter, using the " @@ -11488,18 +11851,19 @@ msgid "" "them is not similarly free." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8917 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:8995 msgid "" "Lawyers rarely see this because lawyers are rarely empirical. As I described " -"in chapter 7, in response to the story about documentary filmmaker Jon Else, " -"I have been lectured again and again by lawyers who insist Else's use was " -"fair use, and hence I am wrong to say that the law regulates such a use." +"in chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"recorders\"/>, " +"in response to the story about documentary filmmaker Jon Else, I have been " +"lectured again and again by lawyers who insist Else's use was fair use, and " +"hence I am wrong to say that the law regulates such a use." msgstr "" #. PAGE BREAK 196 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8926 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9006 msgid "" "But fair use in America simply means the right to hire a lawyer to defend " "your right to create. And as lawyers love to forget, our system for " @@ -11511,8 +11875,8 @@ msgid "" "on the rule of law." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8936 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9016 msgid "" "Judges and lawyers can tell themselves that fair use provides adequate " "\"breathing room\" between regulation by the law and the access the law " @@ -11524,8 +11888,8 @@ msgid "" "\"law\" with which judges comfort themselves." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8947 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9027 msgid "" "For in a world that threatens $150,000 for a single willful infringement of " "a copyright, and which demands tens of thousands of dollars to even defend " @@ -11537,32 +11901,32 @@ msgid "" "they live in a culture that is free." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8958 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9038 msgid "As Jed Horovitz, the businessman behind Video Pipeline, said to me," msgstr "" #. PAGE BREAK 197 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:8962 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:9042 msgid "" "We're losing [creative] opportunities right and left. Creative people are " "being forced not to express themselves. Thoughts are not being " "expressed. And while a lot of stuff may [still] be created, it still won't " -"get distributed. Even if the stuff gets made . . . you're not going to get " -"it distributed in the mainstream media unless you've got a little note from " -"a lawyer saying, \"This has been cleared.\" You're not even going to get it " -"on PBS without that kind of permission. That's the point at which they " -"control it." +"get distributed. Even if the stuff gets made … you're not going to " +"get it distributed in the mainstream media unless you've got a little note " +"from a lawyer saying, \"This has been cleared.\" You're not even going to " +"get it on PBS without that kind of permission. That's the point at which " +"they control it." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:8975 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:9055 msgid "Constraining Innovators" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8977 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9057 msgid "" "The story of the last section was a crunchy-lefty story—creativity " "quashed, artists who can't speak, yada yada yada. Maybe that doesn't get you " @@ -11572,8 +11936,8 @@ msgid "" "you." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8985 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9065 msgid "" "But there's an aspect of this story that is not lefty in any sense. Indeed, " "it is an aspect that could be written by the most extreme promarket " @@ -11584,8 +11948,8 @@ msgid "" "fundamental." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:8994 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9074 msgid "" "The charge I've been making about the regulation of culture is the same " "charge free marketers make about regulating markets. Everyone, of course, " @@ -11599,17 +11963,18 @@ msgid "" "themselves against the competitors of tomorrow." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:9006 freeculture.xml:9108 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9086 freeculture.xml:9193 msgid "Barry, Hank" msgstr "" #. PAGE BREAK 198 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9008 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9088 msgid "" "This is the single most dramatic effect of the shift in regulatory strategy " -"that I described in chapter 10. The consequence of this massive threat of " +"that I described in chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"property-i\"/>. The consequence of this massive threat of " "liability tied to the murky boundaries of copyright law is that innovators " "who want to innovate in this space can safely innovate only if they have the " "sign-off from last generation's dominant industries. That lesson has been " @@ -11619,16 +11984,16 @@ msgid "" "been learned." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9020 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9101 msgid "" "Consider one example to make the point, a story whose beginning I told in " -"The Future of Ideas and which has progressed in a way that even I (pessimist " -"extraordinaire) would never have predicted." +"<citetitle>The Future of Ideas</citetitle> and which has progressed in a way " +"that even I (pessimist extraordinaire) would never have predicted." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9025 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9106 msgid "" "In 1997, Michael Roberts launched a company called MP3.com. MP3.com was " "keen to remake the music business. Their goal was not just to facilitate new " @@ -11638,8 +12003,8 @@ msgid "" "the creators." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9033 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9114 msgid "" "To make this system work, however, MP3.com needed a reliable way to " "recommend music to its users. The idea behind this alternative was to " @@ -11648,8 +12013,8 @@ msgid "" "so on. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9041 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9122 msgid "" "This idea required a simple way to gather data about user preferences. " "MP3.com came up with an extraordinarily clever way to gather this preference " @@ -11663,8 +12028,8 @@ msgid "" msgstr "" #. PAGE BREAK 199 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9053 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9134 msgid "" "No doubt some could use this system to illegally copy content. But that " "opportunity existed with or without MP3.com. The aim of the my.mp3.com " @@ -11673,8 +12038,8 @@ msgid "" "the users liked." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9062 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9143 msgid "" "To make this system function, however, MP3.com needed to copy 50,000 CDs to " "a server. (In principle, it could have been the user who uploaded the music, " @@ -11687,8 +12052,8 @@ msgid "" "something they had already bought." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9074 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9158 msgid "" "Nine days after MP3.com launched its service, the five major labels, headed " "by the RIAA, brought a lawsuit against MP3.com. MP3.com settled with four of " @@ -11699,13 +12064,13 @@ msgid "" "$54 million. Vivendi purchased MP3.com just about a year later." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9084 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9168 msgid "That part of the story I have told before. Now consider its conclusion." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9087 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9171 msgid "" "After Vivendi purchased MP3.com, Vivendi turned around and filed a " "malpractice lawsuit against the lawyers who had advised it that they had a " @@ -11717,8 +12082,8 @@ msgid "" msgstr "" #. PAGE BREAK 200 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9097 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9181 msgid "" "The clear purpose of this lawsuit (which was settled for an unspecified " "amount shortly after the story was no longer covered in the press) was to " @@ -11729,25 +12094,26 @@ msgid "" "cost you and your firm dearly." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:9107 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9192 msgid "Hummer, John" msgstr "" #. f4. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9115 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9201 msgid "" -"See Joseph Menn, \"Universal, EMI Sue Napster Investor,\" Los Angeles Times, " -"23 April 2003. For a parallel argument about the effects on innovation in " -"the distribution of music, see Janelle Brown, \"The Music Revolution Will " -"Not Be Digitized,\" Salon.com, 1 June 2001, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #42</ulink>. See also Jon " -"Healey, \"Online Music Services Besieged,\" Los Angeles Times, 28 May 2001." +"See Joseph Menn, \"Universal, EMI Sue Napster Investor,\" <citetitle>Los " +"Angeles Times</citetitle>, 23 April 2003. For a parallel argument about the " +"effects on innovation in the distribution of music, see Janelle Brown, \"The " +"Music Revolution Will Not Be Digitized,\" Salon.com, 1 June 2001, available " +"at <ulink url=\"http://free-culture.cc/notes/\">link #42</ulink>. See also " +"Jon Healey, \"Online Music Services Besieged,\" <citetitle>Los Angeles " +"Times</citetitle>, 28 May 2001." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9110 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9195 msgid "" "This strategy is not just limited to the lawyers. In April 2003, Universal " "and EMI brought a lawsuit against Hummer Winblad, the venture capital firm " @@ -11762,43 +12128,45 @@ msgid "" "not just in the marketplace, but in the courtroom as well. Your investment " "buys you not only a company, it also buys you a lawsuit. So extreme has the " "environment become that even car manufacturers are afraid of technologies " -"that touch content. In an article in Business 2.0, Rafe Needleman describes " -"a discussion with BMW:" +"that touch content. In an article in <citetitle>Business 2.0</citetitle>, " +"Rafe Needleman describes a discussion with BMW: <placeholder " +"type=\"indexterm\" id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><indexterm><primary> -#: freeculture.xml:9139 +#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary> +#: freeculture.xml:9225 msgid "BMW" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para><indexterm><primary> -#: freeculture.xml:9154 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary> +#: freeculture.xml:9240 msgid "Needleman, Rafe" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:9150 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:9236 msgid "" -"Rafe Needleman, \"Driving in Cars with MP3s,\" Business 2.0, 16 June 2003, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#43</ulink>. I am grateful to Dr. Mohammad Al-Ubaydli for this example. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"Rafe Needleman, \"Driving in Cars with MP3s,\" <citetitle>Business " +"2.0</citetitle>, 16 June 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #43</ulink>. I am grateful to " +"Dr. Mohammad Al-Ubaydli for this example. <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:9141 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:9227 msgid "" "I asked why, with all the storage capacity and computer power in the car, " "there was no way to play MP3 files. I was told that BMW engineers in Germany " "had rigged a new vehicle to play MP3s via the car's built-in sound system, " "but that the company's marketing and legal departments weren't comfortable " "with pushing this forward for release stateside. Even today, no new cars are " -"sold in the United States with bona fide MP3 players. . . . <placeholder " +"sold in the United States with bona fide MP3 players. … <placeholder " "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9159 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9245 msgid "" "This is the world of the mafia—filled with \"your money or your life\" " "offers, governed in the end not by courts but by the threats that the law " @@ -11809,8 +12177,8 @@ msgid "" msgstr "" #. PAGE BREAK 201 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9169 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9255 msgid "" "The point is not that businesses should have a right to start illegal " "enterprises. The point is the definition of \"illegal.\" The law is a mess " @@ -11825,8 +12193,8 @@ msgid "" "and much less creativity." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9184 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9269 msgid "" "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 both " @@ -11840,8 +12208,8 @@ msgid "" msgstr "" #. PAGE BREAK 202 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9196 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9281 msgid "" "The building of a permission culture, rather than a free culture, is the " "first important way in which the changes I have described will burden " @@ -11863,8 +12231,8 @@ msgid "" "content." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9218 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9303 msgid "" "The motivation for this response is obvious. The Internet enables the " "efficient spread of content. That efficiency is a feature of the Internet's " @@ -11877,8 +12245,8 @@ msgid "" msgstr "" #. f6. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9232 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9317 msgid "" "\"Copyright and Digital Media in a Post-Napster World,\" GartnerG2 and the " "Berkman Center for Internet and Society at Harvard Law School (2003), " @@ -11887,13 +12255,13 @@ msgid "" msgstr "" #. f7. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9248 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9330 msgid "GartnerG2, 26–27." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9228 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9313 msgid "" "The examples of this form of legislation are many. At the urging of the " "content industry, some in Congress have threatened legislation that would " @@ -11910,8 +12278,8 @@ msgid "" msgstr "" #. PAGE BREAK 203 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9253 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9334 msgid "" "In one sense, these solutions seem sensible. If the problem is the code, why " "not regulate the code to remove the problem. But any regulation of technical " @@ -11921,33 +12289,39 @@ msgid "" msgstr "" #. f8. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9267 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9348 msgid "" "See David McGuire, \"Tech Execs Square Off Over Piracy,\" Newsbytes, " "February 2002 (Entertainment)." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9264 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:9354 freeculture.xml:11164 +msgid "Intel" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9344 msgid "" "In March 2002, a broad coalition of technology companies, led by Intel, " "tried to get Congress to see the harm that such legislation would " "impose.<placeholder type=\"footnote\" id=\"0\"/> Their argument was " "obviously not that copyright should not be protected. Instead, they argued, " -"any protection should not do more harm than good." +"any protection should not do more harm than good. <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9275 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9357 msgid "" "There is one more obvious way in which this war has harmed " "innovation—again, a story that will be quite familiar to the free " "market crowd." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9281 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9362 msgid "" "Copyright may be property, but like all property, it is also a form of " "regulation. It is a regulation that benefits some and harms others. When " @@ -11955,18 +12329,20 @@ msgid "" "regulation the powerful use to defeat competitors." msgstr "" -#. f9. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9290 -msgid "Jessica Litman, Digital Copyright (Amherst, N.Y.: Prometheus Books, 2001)." +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9374 +msgid "" +"Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst, N.Y.: " +"Prometheus Books, 2001). <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9287 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9368 msgid "" -"As I described in chapter 10, despite this feature of copyright as " -"regulation, and subject to important qualifications outlined by Jessica " -"Litman in her book Digital Copyright,<placeholder type=\"footnote\" " +"As I described in chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"property-i\"/>, despite this feature of copyright as regulation, " +"and subject to important qualifications outlined by Jessica Litman in her " +"book <citetitle>Digital Copyright</citetitle>,<placeholder type=\"footnote\" " "id=\"0\"/> overall this history of copyright is not bad. As chapter 10 " "details, when new technologies have come along, Congress has struck a " "balance to assure that the new is protected from the old. Compulsory, or " @@ -11974,8 +12350,8 @@ msgid "" "case of the VCR) has been another." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9300 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9385 msgid "" "But that pattern of deference to new technologies has now changed with the " "rise of the Internet. Rather than striking a balance between the claims of a " @@ -11985,25 +12361,26 @@ msgid "" msgstr "" #. f10. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9308 -msgid "" -"The only circuit court exception is found in Recording Industry Association " -"of America (RIAA) v. Diamond Multimedia Systems, 180 F. 3d 1072 (9th " -"Cir. 1999). There the court of appeals for the Ninth Circuit reasoned that " -"makers of a portable MP3 player were not liable for contributory copyright " -"infringement for a device that is unable to record or redistribute music (a " -"device whose only copying function is to render portable a music file " -"already stored on a user's hard drive). At the district court level, the " -"only exception is found in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, " -"Ltd., 259 F. Supp. 2d 1029 (C.D. Cal., 2003), where the court found the " -"link between the distributor and any given user's conduct too attenuated to " -"make the distributor liable for contributory or vicarious infringement " -"liability." -msgstr "" - -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9328 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9394 +msgid "" +"The only circuit court exception is found in <citetitle>Recording Industry " +"Association of America (RIAA)</citetitle> v. <citetitle>Diamond Multimedia " +"Systems</citetitle>, 180 F. 3d 1072 (9th Cir. 1999). There the court of " +"appeals for the Ninth Circuit reasoned that makers of a portable MP3 player " +"were not liable for contributory copyright infringement for a device that is " +"unable to record or redistribute music (a device whose only copying function " +"is to render portable a music file already stored on a user's hard drive). " +"At the district court level, the only exception is found in " +"<citetitle>Metro-Goldwyn-Mayer Studios, " +"Inc</citetitle>. v. <citetitle>Grokster, Ltd</citetitle>., 259 F. Supp. 2d " +"1029 (C.D. Cal., 2003), where the court found the link between the " +"distributor and any given user's conduct too attenuated to make the " +"distributor liable for contributory or vicarious infringement liability." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9412 msgid "" "For example, in July 2002, Representative Howard Berman introduced the " "Peer-to-Peer Piracy Prevention Act (H.R. 5211), which would immunize " @@ -12021,8 +12398,8 @@ msgid "" "type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9307 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9392 msgid "" "The response by the courts has been fairly universal.<placeholder " "type=\"footnote\" id=\"0\"/> It has been mirrored in the responses " @@ -12032,21 +12409,22 @@ msgid "" "demise of Internet radio." msgstr "" -#. PAGE BREAK 204 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9350 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9434 msgid "" -"As I described in chapter 4, when a radio station plays a song, the " -"recording artist doesn't get paid for that \"radio performance\" unless he " -"or she is also the composer. So, for example if Marilyn Monroe had recorded " -"a version of \"Happy Birthday\"—to memorialize her famous performance " -"before President Kennedy at Madison Square Garden— then whenever that " +"As I described in chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"pirates\"/>, when a radio station plays a song, the recording " +"artist doesn't get paid for that \"radio performance\" unless he or she is " +"also the composer. So, for example if Marilyn Monroe had recorded a version " +"of \"Happy Birthday\"—to memorialize her famous performance before " +"President Kennedy at Madison Square Garden— then whenever that " "recording was played on the radio, the current copyright owners of \"Happy " -"Birthday\" would get some money, whereas Marilyn Monroe would not." +"Birthday\" would get some money, whereas Marilyn Monroe would not. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9360 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9446 msgid "" "The reasoning behind this balance struck by Congress makes some sense. The " "justification was that radio was a kind of advertising. The recording artist " @@ -12058,8 +12436,8 @@ msgid "" "compensation to the recording artists." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9371 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9457 msgid "" "Enter Internet radio. Like regular radio, Internet radio is a technology to " "stream content from a broadcaster to a listener. The broadcast travels " @@ -12069,8 +12447,8 @@ msgid "" "station much beyond the San Francisco metropolitan area." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9380 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9466 msgid "" "This feature of the architecture of Internet radio means that there are " "potentially an unlimited number of radio stations that a user could tune in " @@ -12085,8 +12463,8 @@ msgid "" msgstr "" #. PAGE BREAK 205 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9395 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9481 msgid "" "Internet radio is thus to radio what FM was to AM. It is an improvement " "potentially vastly more significant than the FM improvement over AM, since " @@ -12097,19 +12475,19 @@ msgid "" msgstr "" #. f12. -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:9419 +#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para> +#: freeculture.xml:9505 msgid "Lessing, 239." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:9405 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:9491 msgid "" "An almost unlimited number of FM stations was possible in the shortwaves, " "thus ending the unnatural restrictions imposed on radio in the crowded " "longwaves. If FM were freely developed, the number of stations would be " "limited only by economics and competition rather than by technical " -"restrictions. . . . Armstrong likened the situation that had grown up in " +"restrictions. … Armstrong likened the situation that had grown up in " "radio to that following the invention of the printing press, when " "governments and ruling interests attempted to control this new instrument of " "mass communications by imposing restrictive licenses on it. This tyranny was " @@ -12120,13 +12498,13 @@ msgid "" msgstr "" #. f13. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9429 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9515 msgid "Ibid., 229." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9424 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9510 msgid "" "This potential for FM radio was never realized—not because Armstrong " "was wrong about the technology, but because he underestimated the power of " @@ -12135,8 +12513,8 @@ msgid "" "technology." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9434 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9520 msgid "" "Now the very same claim could be made about Internet radio. For again, there " "is no technical limitation that could restrict the number of Internet radio " @@ -12146,8 +12524,8 @@ msgid "" msgstr "" #. PAGE BREAK 206 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9442 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9528 msgid "" "But here the power of the lobbyists is reversed. Internet radio is a new " "industry. The recording artists, on the other hand, have a very powerful " @@ -12156,18 +12534,18 @@ msgid "" "for Internet radio than the rule that applies to terrestrial radio. While " "terrestrial radio does not have to pay our hypothetical Marilyn Monroe when " "it plays her hypothetical recording of \"Happy Birthday\" on the air, " -"Internet radio does. Not only is the law not neutral toward Internet " -"radio—the law actually burdens Internet radio more than it burdens " -"terrestrial radio." +"<emphasis>Internet radio does</emphasis>. Not only is the law not neutral " +"toward Internet radio—the law actually burdens Internet radio more " +"than it burdens terrestrial radio." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:9482 +#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:9567 msgid "CARP (Copyright Arbitration Royalty Panel)" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9465 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9550 msgid "" "This example was derived from fees set by the original Copyright Arbitration " "Royalty Panel (CARP) proceedings, and is drawn from an example offered by " @@ -12178,17 +12556,18 @@ msgid "" "Recordings, Docket No. 2000-9, CARP DTRA 1 and 2, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #45</ulink>. For an excellent " "analysis making a similar point, see Randal C. Picker, \"Copyright as Entry " -"Policy: The Case of Digital Distribution,\" Antitrust Bulletin (Summer/Fall " -"2002): 461: \"This was not confusion, these are just old-fashioned entry " -"barriers. Analog radio stations are protected from digital entrants, " -"reducing entry in radio and diversity. Yes, this is done in the name of " -"getting royalties to copyright holders, but, absent the play of powerful " -"interests, that could have been done in a media-neutral way.\" <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"Policy: The Case of Digital Distribution,\" <citetitle>Antitrust " +"Bulletin</citetitle> (Summer/Fall 2002): 461: \"This was not confusion, " +"these are just old-fashioned entry barriers. Analog radio stations are " +"protected from digital entrants, reducing entry in radio and diversity. Yes, " +"this is done in the name of getting royalties to copyright holders, but, " +"absent the play of powerful interests, that could have been done in a " +"media-neutral way.\" <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9458 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9543 msgid "" "This financial burden is not slight. As Harvard law professor William Fisher " "estimates, if an Internet radio station distributed adfree popular music to " @@ -12198,162 +12577,164 @@ msgid "" "broadcasting the same content would pay no equivalent fee." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9489 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9574 msgid "" "The burden is not financial only. Under the original rules that were " -"proposed, an Internet radio station (but not a terrestrial radio station) " -"would have to collect the following data from every listening transaction:" +"proposed, an Internet radio station (but not a terrestrial radio station) " +"would have to collect the following data from <emphasis>every listening " +"transaction</emphasis>:" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9496 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9582 msgid "name of the service;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9499 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9585 msgid "channel of the program (AM/FM stations use station ID);" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9502 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9588 msgid "type of program (archived/looped/live);" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9505 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9591 msgid "date of transmission;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9508 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9594 msgid "time of transmission;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9511 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9597 msgid "time zone of origination of transmission;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9514 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9600 msgid "numeric designation of the place of the sound recording within the program;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9517 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9603 msgid "duration of transmission (to nearest second);" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9520 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9606 msgid "sound recording title;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9523 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9609 msgid "ISRC code of the recording;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9526 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9612 msgid "" "release year of the album per copyright notice and in the case of " "compilation albums, the release year of the album and copy- right date of " "the track;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9529 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9615 msgid "featured recording artist;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9532 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9618 msgid "retail album title;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9535 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9621 msgid "recording label;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9538 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9624 msgid "UPC code of the retail album;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9541 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9627 msgid "catalog number;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9544 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9630 msgid "copyright owner information;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9547 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9633 msgid "musical genre of the channel or program (station format);" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9550 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9636 msgid "name of the service or entity;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9553 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9639 msgid "channel or program;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9556 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9642 msgid "date and time that the user logged in (in the user's time zone);" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9559 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9645 msgid "date and time that the user logged out (in the user's time zone);" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9562 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9648 msgid "time zone where the signal was received (user);" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9565 -msgid "Unique User identifier;" +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9651 +msgid "unique user identifier;" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:9568 +#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para> +#: freeculture.xml:9654 msgid "the country in which the user received the transmissions." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9573 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9659 msgid "" "The Librarian of Congress eventually suspended these reporting requirements, " "pending further study. And he also changed the original rates set by the " "arbitration panel charged with setting rates. But the basic difference " "between Internet radio and terrestrial radio remains: Internet radio has to " -"pay a type of copyright fee that terrestrial radio does not." +"pay a <emphasis>type of copyright fee</emphasis> that terrestrial radio does " +"not." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9581 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9667 msgid "" "Why? What justifies this difference? Was there any study of the economic " "consequences from Internet radio that would justify these differences? Was " "the motive to protect artists against piracy?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9587 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9673 msgid "" "In a rare bit of candor, one RIAA expert admitted what seemed obvious to " "everyone at the time. As Alex Alben, vice president for Public Policy at " @@ -12361,31 +12742,31 @@ msgid "" msgstr "" #. PAGE BREAK 208 -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:9593 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:9679 msgid "" "The RIAA, which was representing the record labels, presented some testimony " "about what they thought a willing buyer would pay to a willing seller, and " "it was much higher. It was ten times higher than what radio stations pay to " "perform the same songs for the same period of time. And so the attorneys " -"representing the webcasters asked the RIAA, . . . \"How do you come up with " -"a rate that's so much higher? Why is it worth more than radio? Because here " -"we have hundreds of thousands of webcasters who want to pay, and that should " -"establish the market rate, and if you set the rate so high, you're going to " -"drive the small webcasters out of business. . . .\"" +"representing the webcasters asked the RIAA, … \"How do you come up " +"with a rate that's so much higher? Why is it worth more than radio? Because " +"here we have hundreds of thousands of webcasters who want to pay, and that " +"should establish the market rate, and if you set the rate so high, you're " +"going to drive the small webcasters out of business. …\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:9609 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:9695 msgid "" "And the RIAA experts said, \"Well, we don't really model this as an industry " -"with thousands of webcasters, we think it should be an industry with, you " -"know, five or seven big players who can pay a high rate and it's a stable, " -"predictable market.\" (Emphasis added.)" +"with thousands of webcasters, <emphasis>we think it should be an industry " +"with, you know, five or seven big players who can pay a high rate and it's a " +"stable, predictable market</emphasis>.\" (Emphasis added.)" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9616 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9703 msgid "" "Translation: The aim is to use the law to eliminate competition, so that " "this platform of potentially immense competition, which would cause the " @@ -12395,21 +12776,21 @@ msgid "" "either the right or the left, who is doing anything effective to prevent it." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:9626 +#. type: Content of: <book><part><chapter><section><title> +#: freeculture.xml:9713 msgid "Corrupting Citizens" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9628 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9715 msgid "" "Overregulation stifles creativity. It smothers innovation. It gives " "dinosaurs a veto over the future. It wastes the extraordinary opportunity " "for a democratic creativity that digital technology enables." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9634 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9721 msgid "" "In addition to these important harms, there is one more that was important " "to our forebears, but seems forgotten today. Overregulation corrupts " @@ -12417,8 +12798,8 @@ msgid "" msgstr "" #. f15. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9643 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9730 msgid "" "Mike Graziano and Lee Rainie, \"The Music Downloading Deluge,\" Pew Internet " "and American Life Project (24 April 2001), available at <ulink " @@ -12428,33 +12809,33 @@ msgid "" msgstr "" #. PAGE BREAK 209 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9639 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9726 msgid "" "The war that is being waged today is a war of prohibition. As with every war " "of prohibition, it is targeted against the behavior of a very large number " -"of citizens. According to The New York Times, 43 million Americans " -"downloaded music in May 2002.<placeholder type=\"footnote\" id=\"0\"/> " -"According to the RIAA, the behavior of those 43 million Americans is a " -"felony. We thus have a set of rules that transform 20 percent of America " -"into criminals. As the RIAA launches lawsuits against not only the Napsters " -"and Kazaas of the world, but against students building search engines, and " -"increasingly against ordinary users downloading content, the technologies " -"for sharing will advance to further protect and hide illegal use. It is an " -"arms race or a civil war, with the extremes of one side inviting a more " -"extreme response by the other." +"of citizens. According to <citetitle>The New York Times</citetitle>, 43 " +"million Americans downloaded music in May 2002.<placeholder " +"type=\"footnote\" id=\"0\"/> According to the RIAA, the behavior of those 43 " +"million Americans is a felony. We thus have a set of rules that transform 20 " +"percent of America into criminals. As the RIAA launches lawsuits against not " +"only the Napsters and Kazaas of the world, but against students building " +"search engines, and increasingly against ordinary users downloading content, " +"the technologies for sharing will advance to further protect and hide " +"illegal use. It is an arms race or a civil war, with the extremes of one " +"side inviting a more extreme response by the other." msgstr "" #. f16. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9677 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9764 msgid "" -"Alex Pham, \"The Labels Strike Back: N.Y. Girl Settles RIAA Case,\" Los " -"Angeles Times, 10 September 2003, Business." +"Alex Pham, \"The Labels Strike Back: N.Y. Girl Settles RIAA Case,\" " +"<citetitle>Los Angeles Times</citetitle>, 10 September 2003, Business." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9664 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9751 msgid "" "The content industry's tactics exploit the failings of the American legal " "system. When the RIAA brought suit against Jesse Jordan, it knew that in " @@ -12476,16 +12857,17 @@ msgid "" msgstr "" #. f17. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9699 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9786 msgid "" "Jeffrey A. Miron and Jeffrey Zwiebel, \"Alcohol Consumption During " -"Prohibition,\" American Economic Review 81, no. 2 (1991): 242." +"Prohibition,\" <citetitle>American Economic Review</citetitle> 81, no. 2 " +"(1991): 242." msgstr "" #. f18. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9707 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9794 msgid "" "National Drug Control Policy: Hearing Before the House Government Reform " "Committee, 108th Cong., 1st sess. (5 March 2003) (statement of John " @@ -12493,16 +12875,21 @@ msgid "" msgstr "" #. f19. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9717 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:9804 msgid "" "See James Andreoni, Brian Erard, and Jonathon Feinstein, \"Tax Compliance,\" " -"Journal of Economic Literature 36 (1998): 818 (survey of compliance " -"literature)." +"<citetitle>Journal of Economic Literature</citetitle> 36 (1998): 818 (survey " +"of compliance literature)." +msgstr "" + +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:9811 +msgid "alcohol prohibition" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9689 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9776 msgid "" "Wars of prohibition are nothing new in America. This one is just something " "more extreme than anything we've seen before. We experimented with alcohol " @@ -12521,11 +12908,16 @@ msgid "" "type=\"footnote\" id=\"2\"/> We pride ourselves on our \"free society,\" but " "an endless array of ordinary behavior is regulated within our society. And " "as a result, a huge proportion of Americans regularly violate at least some " -"law." +"law. <placeholder type=\"indexterm\" id=\"3\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9726 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:9829 +msgid "law schools" +msgstr "" + +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9814 msgid "" "This state of affairs is not without consequence. It is a particularly " "salient issue for teachers like me, whose job it is to teach law students " @@ -12540,11 +12932,11 @@ msgid "" "over. Generations of Americans—more significantly in some parts of " "America than in others, but still, everywhere in America today—can't " "live their lives both normally and legally, since \"normally\" entails a " -"certain degree of illegality." +"certain degree of illegality. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9743 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9832 msgid "" "The response to this general illegality is either to enforce the law more " "severely or to change the law. We, as a society, have to learn how to make " @@ -12557,8 +12949,8 @@ msgid "" msgstr "" #. PAGE BREAK 211 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9756 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9845 msgid "" "My point is not the idiotic one: Just because people violate a law, we " "should therefore repeal it. Obviously, we could reduce murder statistics " @@ -12567,8 +12959,8 @@ msgid "" "society is right to ban murder always and everywhere." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9763 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9852 msgid "" "My point is instead one that democracies understood for generations, but " "that we recently have learned to forget. The rule of law depends upon people " @@ -12584,8 +12976,8 @@ msgid "" "\"felons.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9777 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9866 msgid "" "When at least forty-three million citizens download content from the " "Internet, and when they use tools to combine that content in ways " @@ -12598,14 +12990,14 @@ msgid "" "without transforming America into a nation of felons?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9789 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9878 msgid "This abstract point can be made more clear with a particular example." msgstr "" #. PAGE BREAK 212 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9792 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9881 msgid "" "We all own CDs. Many of us still own phonograph records. These pieces of " "plastic encode music that in a certain sense we have bought. The law " @@ -12615,8 +13007,8 @@ msgid "" "free." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9803 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9892 msgid "" "But as the MP3 craze has demonstrated, there is another use of phonograph " "records that is effectively free. Because these recordings were made without " @@ -12626,13 +13018,13 @@ msgid "" "Apple endorsed the \"Rip, Mix, Burn\" capacities of digital technologies." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:9811 +#. type: Content of: <book><part><chapter><section><indexterm><primary> +#: freeculture.xml:9900 msgid "Adromeda" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9813 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9902 msgid "" "This \"use\" of my records is certainly valuable. I have begun a large " "process at home of ripping all of my and my wife's CDs, and storing them in " @@ -12645,8 +13037,8 @@ msgid "" "right." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9824 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9913 msgid "" "This use is enabled by unprotected media—either CDs or records. But " "unprotected media also enable file sharing. File sharing threatens (or so " @@ -12658,8 +13050,8 @@ msgid "" msgstr "" #. PAGE BREAK 213 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9834 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9923 msgid "" "If these technologies took off, then the building of large archives of your " "own music would become quite difficult. You might hang in hacker circles, " @@ -12672,8 +13064,8 @@ msgid "" "part of a massively complex \"digital rights management\" system." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9848 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9937 msgid "" "If the only way to assure that artists get paid were the elimination of the " "ability to freely move content, then these technologies to interfere with " @@ -12684,8 +13076,8 @@ msgid "" "easily?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9857 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9946 msgid "" "My point just now is not to prove that there is such a system. I offer a " "version of such a system in the last chapter of this book. For now, the only " @@ -12697,8 +13089,8 @@ msgid "" "between different property systems and the freedoms each allowed." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9868 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9957 msgid "" "I believe there is a way to assure that artists are paid without turning " "forty-three million Americans into felons. But the salient feature of this " @@ -12709,8 +13101,8 @@ msgid "" "horse-drawn buggy." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9877 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9966 msgid "" "Except that this generation's buggy manufacturers have already saddled " "Congress, and are riding the law to protect themselves against this new form " @@ -12718,8 +13110,8 @@ msgid "" "as criminals and their own survival." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9883 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9972 msgid "" "It is understandable why they choose as they do. It is not understandable " "why we as a democracy continue to choose as we do. Jack Valenti is charming; " @@ -12733,41 +13125,41 @@ msgid "" "<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:9902 freeculture.xml:10011 +#. type: Content of: <book><part><chapter><section><para><indexterm><primary> +#: freeculture.xml:9991 freeculture.xml:10100 msgid "von Lohmann, Fred" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9900 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:9989 msgid "" "\"If you can treat someone as a putative lawbreaker,\" von Lohmann explains, " "<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:9906 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:9995 msgid "" "then all of a sudden a lot of basic civil liberty protections evaporate to " -"one degree or another. . . . If you're a copyright infringer, how can you " +"one degree or another. … If you're a copyright infringer, how can you " "hope to have any privacy rights? If you're a copyright infringer, how can " "you hope to be secure against seizures of your computer? How can you hope to " -"continue to receive Internet access? . . . Our sensibilities change as soon " -"as we think, \"Oh, well, but that person's a criminal, a lawbreaker.\" Well, " -"what this campaign against file sharing has done is turn a remarkable " +"continue to receive Internet access? … Our sensibilities change as " +"soon as we think, \"Oh, well, but that person's a criminal, a lawbreaker.\" " +"Well, what this campaign against file sharing has done is turn a remarkable " "percentage of the American Internet-using population into \"lawbreakers.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9918 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10007 msgid "" "And the consequence of this transformation of the American public into " "criminals is that it becomes trivial, as a matter of due process, to " "effectively erase much of the privacy most would presume." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9923 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10012 msgid "" "Users of the Internet began to see this generally in 2003 as the RIAA " "launched its campaign to force Internet service providers to turn over the " @@ -12778,23 +13170,24 @@ msgid "" msgstr "" #. f20. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9941 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:10030 msgid "" "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 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 2003, 4D; John Schwartz, \"She Says She's " -"No Music Pirate. No Snoop Fan, Either,\" New York Times, 25 September 2003, " -"C1; Margo Varadi, \"Is Brianna a Criminal?\" Toronto Star, 18 September " -"2003, P7." +"Calif., 12-Year-Old Girl in N.Y. Among Defendants,\" <citetitle>Washington " +"Post</citetitle>, 10 September 2003, E1; Chris Cobbs, \"Worried Parents 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,\" " +"<citetitle>Orlando Sentinel Tribune</citetitle>, 30 August 2003, C1; " +"Jefferson Graham, \"Recording Industry Sues Parents,\" <citetitle>USA " +"Today</citetitle>, 15 September 2003, 4D; John Schwartz, \"She Says She's No " +"Music Pirate. No Snoop Fan, Either,\" <citetitle>New York Times</citetitle>, " +"25 September 2003, C1; Margo Varadi, \"Is Brianna a Criminal?\" " +"<citetitle>Toronto Star</citetitle>, 18 September 2003, P7." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9932 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10021 msgid "" "The RIAA then expanded this campaign, by announcing a general strategy to " "sue individual users of the Internet who are alleged to have downloaded " @@ -12807,16 +13200,16 @@ msgid "" msgstr "" #. f21. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9959 +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:10048 msgid "" "See \"Revealed: How RIAA Tracks Downloaders: Music Industry Discloses Some " "Methods Used,\" CNN.com, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #47</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9955 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10044 msgid "" "Even this understates the espionage that is being waged by the RIAA. A " "report from CNN late last summer described a strategy the RIAA had adopted " @@ -12827,27 +13220,29 @@ msgid "" msgstr "" #. f22. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:9980 -msgid "" -"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 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 Trains Antipiracy Guns on Universities,\" Internet " -"News, 30 January 2003, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #48</ulink>; Benny Evangelista, " -"\"Download Warning 101: Freshman Orientation This Fall to Include Record " -"Industry Warnings Against File Sharing,\" San Francisco Chronicle, 11 August " -"2003, E11; \"Raid, Letters Are Weapons at Universities,\" USA Today, 26 " +#. type: Content of: <book><part><chapter><section><para><footnote><para> +#: freeculture.xml:10069 +msgid "" +"See Jeff Adler, \"Cambridge: On Campus, Pirates Are Not Penitent,\" " +"<citetitle>Boston Globe</citetitle>, 18 May 2003, City Weekly, 1; Frank " +"Ahrens, \"Four Students Sued over Music Sites; Industry Group Targets File " +"Sharing at Colleges,\" <citetitle>Washington Post</citetitle>, 4 April 2003, " +"E1; Elizabeth Armstrong, \"Students `Rip, Mix, Burn' at Their Own Risk,\" " +"<citetitle>Christian Science Monitor</citetitle>, 2 September 2003, 20; " +"Robert Becker and Angela Rozas, \"Music Pirate Hunt Turns to Loyola; Two " +"Students Names Are Handed Over; Lawsuit Possible,\" <citetitle>Chicago " +"Tribune</citetitle>, 16 July 2003, 1C; Beth Cox, \"RIAA Trains Antipiracy " +"Guns on Universities,\" <citetitle>Internet News</citetitle>, 30 January " +"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " +"#48</ulink>; Benny Evangelista, \"Download Warning 101: Freshman Orientation " +"This Fall to Include Record Industry Warnings Against File Sharing,\" " +"<citetitle>San Francisco Chronicle</citetitle>, 11 August 2003, E11; \"Raid, " +"Letters Are Weapons at Universities,\" <citetitle>USA Today</citetitle>, 26 " "September 2000, 3D." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9968 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10057 msgid "" "So imagine the following not-implausible scenario: Imagine a friend gives a " "CD to your daughter—a collection of songs just like the cassettes you " @@ -12863,8 +13258,8 @@ msgid "" "expelled." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:9999 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10088 msgid "" "Now, of course, she'll have the right to defend herself. You can hire a " "lawyer for her (at $300 per hour, if you're lucky), and she can plead that " @@ -12877,8 +13272,8 @@ msgid "" "type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:10015 +#. type: Content of: <book><part><chapter><section><blockquote><para> +#: freeculture.xml:10104 msgid "" "So when we're talking about numbers like forty to sixty million Americans " "that are essentially copyright infringers, you create a situation where the " @@ -12892,14 +13287,14 @@ msgid "" "closest analog, [but] many have noted that the war against drugs has eroded " "all of our civil liberties because it's treated so many Americans as " "criminals. Well, I think it's fair to say that file sharing is an order of " -"magnitude larger number of Americans than drug use. . . . If forty to sixty " -"million Americans have become lawbreakers, then we're really on a slippery " -"slope to lose a lot of civil liberties for all forty to sixty million of " -"them." +"magnitude larger number of Americans than drug use. … If forty to " +"sixty million Americans have become lawbreakers, then we're really on a " +"slippery slope to lose a lot of civil liberties for all forty to sixty " +"million of them." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:10035 +#. type: Content of: <book><part><chapter><section><para> +#: freeculture.xml:10124 msgid "" "When forty to sixty million Americans are considered \"criminals\" under the " "law, and when the law could achieve the same objective— securing " @@ -12909,13 +13304,13 @@ msgid "" "to change our law?" msgstr "" -#. type: Content of: <book><chapter><title> -#: freeculture.xml:10048 +#. type: Content of: <book><part><title> +#: freeculture.xml:10137 msgid "BALANCES" msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:10052 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:10142 msgid "" "So here's the picture: You're standing at the side of the road. Your car is " "on fire. You are angry and upset because in part you helped start the " @@ -12923,8 +13318,8 @@ msgid "" "with gasoline. Obviously, gasoline won't put the fire out." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:10058 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:10148 msgid "" "As you ponder the mess, someone else comes along. In a panic, she grabs the " "bucket. Before you have a chance to tell her to stop—or before she " @@ -12933,8 +13328,8 @@ msgid "" "ignite is about to ignite everything around." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:10066 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:10156 msgid "" "A war about copyright rages all around—and we're all focusing on the " "wrong thing. No doubt, current technologies threaten existing businesses. " @@ -12945,8 +13340,8 @@ msgid "" msgstr "" #. PAGE BREAK 219 -#. type: Content of: <book><chapter><para> -#: freeculture.xml:10075 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:10165 msgid "" "Yet policy makers are not willing to leave this fire to itself. Primed with " "plenty of lobbyists' money, they are keen to intervene to eliminate the " @@ -12955,16 +13350,16 @@ msgid "" "is a massive change in the way culture is made that is happening all around." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:10083 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:10173 msgid "" "Somehow we have to find a way to turn attention to this more important and " "fundamental issue. Somehow we have to find a way to avoid pouring gasoline " "onto this fire." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:10088 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:10178 msgid "" "We have not found that way yet. Instead, we seem trapped in a simpler, " "binary view. However much many people push to frame this debate more " @@ -12972,8 +13367,8 @@ msgid "" "at the fire when we should be keeping our eyes on the road." msgstr "" -#. type: Content of: <book><chapter><para> -#: freeculture.xml:10094 +#. type: Content of: <book><part><partintro><para> +#: freeculture.xml:10184 msgid "" "This challenge has been my life these last few years. It has also been my " "failure. In the two chapters that follow, I describe one small brace of " @@ -12981,13 +13376,13 @@ msgid "" "understand these failures if we're to understand what success will require." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:10103 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:10194 msgid "CHAPTER THIRTEEN: Eldred" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10105 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10196 msgid "" "In 1995, a father was frustrated that his daughters didn't seem to like " "Hawthorne. No doubt there was more than one such father, but at least one " @@ -12997,8 +13392,8 @@ msgid "" "nineteenth-century author's work come alive." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10114 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10205 msgid "" "It didn't work—at least for his daughters. They didn't find Hawthorne " "any more interesting than before. But Eldred's experiment gave birth to a " @@ -13007,8 +13402,8 @@ msgid "" msgstr "" #. PAGE BREAK 221 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10121 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10212 msgid "" "Eldred's library was not simply a copy of certain public domain works, " "though even a copy would have been of great value to people across the world " @@ -13019,23 +13414,25 @@ msgid "" "accessible—technically accessible—today." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10132 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10223 msgid "" "Eldred's freedom to do this with Hawthorne's work grew from the same source " -"as Disney's. Hawthorne's Scarlet Letter had passed into the public domain in " -"1907. It was free for anyone to take without the permission of the Hawthorne " -"estate or anyone else. Some, such as Dover Press and Penguin Classics, take " -"works from the public domain and produce printed editions, which they sell " -"in bookstores across the country. Others, such as Disney, take these stories " -"and turn them into animated cartoons, sometimes successfully (Cinderella), " -"sometimes not (The Hunchback of Notre Dame, Treasure Planet). These are all " -"commercial publications of public domain works." +"as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed " +"into the public domain in 1907. It was free for anyone to take without the " +"permission of the Hawthorne estate or anyone else. Some, such as Dover Press " +"and Penguin Classics, take works from the public domain and produce printed " +"editions, which they sell in bookstores across the country. Others, such as " +"Disney, take these stories and turn them into animated cartoons, sometimes " +"successfully (<citetitle>Cinderella</citetitle>), sometimes not " +"(<citetitle>The Hunchback of Notre Dame</citetitle>, <citetitle>Treasure " +"Planet</citetitle>). These are all commercial publications of public domain " +"works." msgstr "" #. f1. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10155 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10246 msgid "" "There's a parallel here with pornography that is a bit hard to describe, but " "it's a strong one. One phenomenon that the Internet created was a world of " @@ -13052,8 +13449,8 @@ msgid "" "protect the Eldreds of the world as to protect noncommercial pornographers." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10144 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10235 msgid "" "The Internet created the possibility of noncommercial publications of public " "domain works. Eldred's is just one example. There are literally thousands of " @@ -13066,24 +13463,25 @@ msgid "" "culture generally.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10172 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10263 msgid "" "As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's collection " -"of poems New Hampshire was slated to pass into the public domain. Eldred " -"wanted to post that collection in his free public library. But Congress got " -"in the way. As I described in chapter 10, in 1998, for the eleventh time in " -"forty years, Congress extended the terms of existing copyrights—this " -"time by twenty years. Eldred would not be free to add any works more recent " -"than 1923 to his collection until 2019. Indeed, no copyrighted work 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." +"of poems <citetitle>New Hampshire</citetitle> was slated to pass into the " +"public domain. Eldred wanted to post that collection in his free public " +"library. But Congress got in the way. As I described in chapter <xref " +"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>, in 1998, for the " +"eleventh time in forty years, Congress extended the terms of existing " +"copyrights—this time by twenty years. Eldred would not be free to add " +"any works more recent than 1923 to his collection until 2019. Indeed, no " +"copyrighted work 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." msgstr "" #. f2. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10192 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10284 msgid "" "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 " @@ -13094,8 +13492,8 @@ msgid "" "Cong. Rec. H9946, 9951-2 (October 7, 1998)." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10187 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10279 msgid "" "This was the Sonny Bono Copyright Term Extension Act (CTEA), enacted in " "memory of the congressman and former musician Sonny Bono, who, his widow, " @@ -13103,8 +13501,8 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10203 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10295 msgid "" "Eldred decided to fight this law. He first resolved to fight it through " "civil disobedience. In a series of interviews, Eldred announced that he " @@ -13114,8 +13512,8 @@ msgid "" "dangerous strategy for a disabled programmer to undertake." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10212 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10304 msgid "" "It was here that I became involved in Eldred's battle. I was a " "constitutional scholar whose first passion was constitutional " @@ -13124,34 +13522,34 @@ msgid "" "different. As you know, the Constitution says," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:10223 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:10315 msgid "" -"Congress has the power to promote the Progress of Science . . . by securing " -"for limited Times to Authors . . . exclusive Right to their " -". . . Writings. . . ." +"Congress has the power to promote the Progress of Science … by " +"securing for limited Times to Authors … exclusive Right to their " +"… Writings. …" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10229 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10321 msgid "" "As I've described, this clause is unique within the power-granting clause of " "Article I, section 8 of our Constitution. Every other clause granting power " "to Congress simply says Congress has the power to do something—for " "example, to regulate \"commerce among the several states\" or \"declare " "War.\" But here, the \"something\" is something quite specific—to " -"\"promote . . . Progress\"—through means that are also specific— " -"by \"securing\" \"exclusive Rights\" (i.e., copyrights) \"for limited " -"Times.\"" +"\"promote … Progress\"—through means that are also " +"specific— by \"securing\" \"exclusive Rights\" (i.e., copyrights) " +"\"for limited Times.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:10248 freeculture.xml:11699 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:10340 freeculture.xml:11793 msgid "Jaszi, Peter" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10239 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10331 msgid "" "In the past forty years, Congress has gotten into the practice of extending " "existing terms of copyright protection. What puzzled me about this was, if " @@ -13163,8 +13561,8 @@ msgid "" "Peter Jaszi so nicely put it. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10251 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10343 msgid "" "As an academic, my first response was to hit the books. I remember sitting " "late at the office, scouring on-line databases for any serious consideration " @@ -13176,8 +13574,8 @@ msgid "" "Congress is quite happy to keep this gravy train going." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10262 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10354 msgid "" "For this is the core of the corruption in our present system of " "government. \"Corruption\" not in the sense that representatives are " @@ -13188,8 +13586,8 @@ msgid "" "things that pay? Extending copyright terms pays." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10271 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10363 msgid "" "If that's not obvious to you, consider the following: Say you're one of the " "very few lucky copyright owners whose copyright continues to make money one " @@ -13200,8 +13598,8 @@ msgid "" "Frost wrote could be published by anyone for free." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10281 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10373 msgid "" "So imagine the Robert Frost estate is earning $100,000 a year from three of " "Frost's poems. And imagine the copyright for those poems is about to " @@ -13210,16 +13608,16 @@ msgid "" msgstr "" #. PAGE BREAK 224 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10288 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10380 msgid "" "\"Next year,\" the adviser announces, \"our copyrights in works A, B, and C " "will expire. That means that after next year, we will no longer be receiving " "the annual royalty check of $100,000 from the publishers of those works." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10296 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10388 msgid "" "\"There's a proposal in Congress, however,\" she continues, \"that could " "change this. A few congressmen are floating a bill to extend the terms of " @@ -13227,31 +13625,31 @@ msgid "" "us. So we should hope this bill passes.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10302 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10394 msgid "" "\"Hope?\" a fellow board member says. \"Can't we be doing something about " "it?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10306 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10398 msgid "" "\"Well, obviously, yes,\" the adviser responds. \"We could contribute to the " "campaigns of a number of representatives to try to assure that they support " "the bill.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10311 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10403 msgid "" "You hate politics. You hate contributing to campaigns. So you want to know " "whether this disgusting practice is worth it. \"How much would we get if " "this extension were passed?\" you ask the adviser. \"How much is it worth?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10317 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10409 msgid "" "\"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 " @@ -13259,23 +13657,23 @@ msgid "" "this law would be worth $1,146,000 to the estate.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10323 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10415 msgid "" "You're a bit shocked by the number, but you quickly come to the correct " "conclusion:" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10327 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10419 msgid "" "\"So you're saying it would be worth it for us to pay more than $1,000,000 " "in campaign contributions if we were confident those contributions would " "assure that the bill was passed?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10333 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10425 msgid "" "\"Absolutely,\" the adviser responds. \"It is worth it to you to contribute " "up to the `present value' of the income you expect from these " @@ -13283,8 +13681,8 @@ msgid "" msgstr "" #. PAGE BREAK 225 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10339 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10431 msgid "" "You quickly get the point—you as the member of the board and, I trust, " "you the reader. Each time copyrights are about to expire, every beneficiary " @@ -13295,8 +13693,8 @@ msgid "" "extended." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10350 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10442 msgid "" "Thus a congressional perpetual motion machine: So long as legislation can be " "bought (albeit indirectly), there will be all the incentive in the world to " @@ -13304,33 +13702,33 @@ msgid "" msgstr "" #. f3. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10363 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10454 msgid "" "Associated Press, \"Disney Lobbying for Copyright Extension No Mickey Mouse " -"Effort; Congress OKs Bill Granting Creators 20 More Years,\" Chicago " -"Tribune, 17 October 1998, 22." +"Effort; Congress OKs Bill Granting Creators 20 More Years,\" " +"<citetitle>Chicago Tribune</citetitle>, 17 October 1998, 22." msgstr "" #. f4. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10370 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10461 msgid "" "See Nick Brown, \"Fair Use No More?: Copyright in the Information Age,\" " "available at <ulink url=\"http://free-culture.cc/notes/\">link #49</ulink>." msgstr "" #. f5. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10377 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10469 msgid "" -"Alan K. Ota, \"Disney in Washington: The Mouse That Roars,\" Congressional " -"Quarterly This Week, 8 August 1990, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #50</ulink>." +"Alan K. Ota, \"Disney in Washington: The Mouse That Roars,\" " +"<citetitle>Congressional Quarterly This Week</citetitle>, 8 August 1990, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #50</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10356 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10447 msgid "" "In the lobbying that led to the passage of the Sonny Bono Copyright Term " "Extension Act, this \"theory\" about incentives was proved real. Ten of the " @@ -13344,8 +13742,8 @@ msgid "" "campaigns in the cycle.<placeholder type=\"footnote\" id=\"2\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10385 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10476 msgid "" "Constitutional law is not oblivious to the obvious. Or at least, it need not " "be. So when I was considering Eldred's complaint, this reality about the " @@ -13358,20 +13756,20 @@ msgid "" msgstr "" #. PAGE BREAK 226 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10398 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10489 msgid "" -"It was also my judgment that this Supreme Court would not allow Congress to " -"extend existing terms. As anyone close to the Supreme Court's work knows, " -"this Court has increasingly restricted the power of Congress when it has " -"viewed Congress's actions as exceeding the power granted to it by the " -"Constitution. Among constitutional scholars, the most famous example of this " -"trend was the Supreme Court's decision in 1995 to strike down a law that " -"banned the possession of guns near schools." +"It was also my judgment that <emphasis>this</emphasis> Supreme Court would " +"not allow Congress to extend existing terms. As anyone close to the Supreme " +"Court's work knows, this Court has increasingly restricted the power of " +"Congress when it has viewed Congress's actions as exceeding the power " +"granted to it by the Constitution. Among constitutional scholars, the most " +"famous example of this trend was the Supreme Court's decision in 1995 to " +"strike down a law that banned the possession of guns near schools." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10411 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10502 msgid "" "Since 1937, the Supreme Court had interpreted Congress's granted powers very " "broadly; so, while the Constitution grants Congress the power to regulate " @@ -13380,8 +13778,8 @@ msgid "" "regulate any activity that merely affected interstate commerce." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10421 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10512 msgid "" "As the economy grew, this standard increasingly meant that there was no " "limit to Congress's power to regulate, since just about every activity, when " @@ -13390,47 +13788,52 @@ msgid "" "limit." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10430 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10519 msgid "" "The Supreme Court, under Chief Justice Rehnquist's command, changed that in " -"United States v. Lopez. The government had argued that possessing guns near " -"schools affected interstate commerce. Guns near schools increase crime, " -"crime lowers property values, and so on. In the oral argument, the Chief " -"Justice asked the government whether there was any activity that would not " -"affect interstate commerce under the reasoning the government advanced. The " -"government said there was not; if Congress says an activity affects " -"interstate commerce, then that activity affects interstate commerce. The " -"Supreme Court, the government said, was not in the position to second-guess " -"Congress." +"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>. The " +"government had argued that possessing guns near schools affected interstate " +"commerce. Guns near schools increase crime, crime lowers property values, " +"and so on. In the oral argument, the Chief Justice asked the government " +"whether there was any activity that would not affect interstate commerce " +"under the reasoning the government advanced. The government said there was " +"not; if Congress says an activity affects interstate commerce, then that " +"activity affects interstate commerce. The Supreme Court, the government " +"said, was not in the position to second-guess Congress." msgstr "" #. f6. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10446 -msgid "United States v. Lopez, 514 U.S. 549, 564 (1995)." +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10534 +msgid "" +"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>, 514 " +"U.S. 549, 564 (1995)." msgstr "" #. f7. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10452 -msgid "United States v. Morrison, 529 U.S. 598 (2000)." +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10541 +msgid "" +"<citetitle>United States</citetitle> v. <citetitle>Morrison</citetitle>, 529 " +"U.S. 598 (2000)." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10443 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10532 msgid "" "\"We pause to consider the implications of the government's arguments,\" the " "Chief Justice wrote.<placeholder type=\"footnote\" id=\"0\"/> If anything " "Congress says is interstate commerce must therefore be considered interstate " "commerce, then there would be no limit to Congress's power. The decision in " -"Lopez was reaffirmed five years later in United States " -"v. Morrison.<placeholder type=\"footnote\" id=\"1\"/>" +"<citetitle>Lopez</citetitle> was reaffirmed five years later in " +"<citetitle>United States</citetitle> " +"v. <citetitle>Morrison</citetitle>.<placeholder type=\"footnote\" id=\"1\"/>" msgstr "" #. f8. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10459 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10548 msgid "" "If it is a principle about enumerated powers, then the principle carries " "from one enumerated power to another. The animating point in the context of " @@ -13443,8 +13846,8 @@ msgid "" msgstr "" #. PAGE BREAK 227 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10457 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10545 msgid "" "If a principle were at work here, then it should apply to the Progress " "Clause as much as the Commerce Clause.<placeholder type=\"footnote\" " @@ -13457,51 +13860,58 @@ msgid "" "extend the term of existing copyrights." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10483 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10569 msgid "" -"If, that is, the principle announced in Lopez stood for a principle. Many " -"believed the decision in Lopez stood for politics—a conservative " -"Supreme Court, which believed in states' rights, using its power over " -"Congress to advance its own personal political preferences. But I rejected " -"that view of the Supreme Court's decision. Indeed, shortly after the " -"decision, I wrote an article demonstrating the \"fidelity\" in such an " +"<emphasis>If</emphasis>, that is, the principle announced in " +"<citetitle>Lopez</citetitle> stood for a principle. Many believed the " +"decision in <citetitle>Lopez</citetitle> stood for politics—a " +"conservative Supreme Court, which believed in states' rights, using its " +"power over Congress to advance its own personal political preferences. But I " +"rejected that view of the Supreme Court's decision. Indeed, shortly after " +"the decision, I wrote an article demonstrating the \"fidelity\" in such an " "interpretation of the Constitution. The idea that the Supreme Court decides " "cases based upon 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." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10497 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10582 msgid "" "Now let's pause for a moment to make sure we understand what the argument in " -"Eldred was not about. By insisting on the Constitution's limits to " -"copyright, obviously Eldred was not endorsing piracy. Indeed, in an obvious " -"sense, he was fighting a kind of piracy—piracy of the public " -"domain. When Robert Frost wrote his work and when Walt Disney created Mickey " -"Mouse, the maximum copyright term was just fifty-six years. Because of " -"interim changes, Frost and Disney had already enjoyed a seventy-five-year " -"monopoly for their work. They had gotten the benefit of the bargain that the " -"Constitution envisions: In exchange for a monopoly protected for fifty-six " -"years, they created new work. But now these entities were using their " -"power—expressed through the power of lobbyists' money—to get " -"another twenty-year dollop of monopoly. That twenty-year dollop would be " -"taken from the public domain. Eric Eldred was fighting a piracy that affects " -"us all." +"<citetitle>Eldred</citetitle> was not about. By insisting on the " +"Constitution's limits to copyright, obviously Eldred was not endorsing " +"piracy. Indeed, in an obvious sense, he was fighting a kind of " +"piracy—piracy of the public domain. When Robert Frost wrote his work " +"and when Walt Disney created Mickey Mouse, the maximum copyright term was " +"just fifty-six years. Because of interim changes, Frost and Disney had " +"already enjoyed a seventy-five-year monopoly for their work. They had gotten " +"the benefit of the bargain that the Constitution envisions: In exchange for " +"a monopoly protected for fifty-six years, they created new work. But now " +"these entities were using their power—expressed through the power of " +"lobbyists' money—to get another twenty-year dollop of monopoly. That " +"twenty-year dollop would be taken from the public domain. Eric Eldred was " +"fighting a piracy that affects us all." msgstr "" #. f9. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10520 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10605 msgid "" -"Brief of the Nashville Songwriters Association, Eldred v. Ashcroft, 537 " -"U.S. 186 (2003) (No. 01-618), n.10, available at <ulink " +"Brief of the Nashville Songwriters Association, " +"<citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.S. " +"186 (2003) (No. 01-618), n.10, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #51</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10515 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:10613 +msgid "Nashville Songwriters Association" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10599 msgid "" "Some people view the public domain with contempt. In their brief before the " "Supreme Court, the Nashville Songwriters Association wrote that the public " @@ -13509,11 +13919,11 @@ msgid "" "id=\"0\"/> But it is not piracy when the law allows it; and in our " "constitutional system, our law requires it. Some may not like the " "Constitution's requirements, but that doesn't make the Constitution a " -"pirate's charter." +"pirate's charter. <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10530 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10616 msgid "" "As we've seen, our constitutional system requires limits on copyright as a " "way to assure that copyright holders do not too heavily influence the " @@ -13524,8 +13934,8 @@ msgid "" "as Congress is free to be bought to extend them again." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10542 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10628 msgid "" "It is valuable copyrights that are responsible for terms being extended. " "Mickey Mouse and \"Rhapsody in Blue.\" These works are too valuable for " @@ -13538,17 +13948,18 @@ msgid "" msgstr "" #. f10. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10563 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10649 msgid "" "The figure of 2 percent is an extrapolation from the study by the " "Congressional Research Service, in light of the estimated renewal " -"ranges. See Brief of Petitioners, Eldred v. Ashcroft, 7, available at <ulink " +"ranges. See Brief of Petitioners, <citetitle>Eldred</citetitle> " +"v. <citetitle>Ashcroft</citetitle>, 7, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #52</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10557 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10643 msgid "" "If you look at the work created in the first twenty years (1923 to 1942) " "affected by the Sonny Bono Copyright Term Extension Act, 2 percent of that " @@ -13559,8 +13970,8 @@ msgid "" msgstr "" #. PAGE BREAK 229 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10572 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10658 msgid "" "Think practically about the consequence of this extension—practically, " "as a businessperson, and not as a lawyer eager for more legal work. In 1930, " @@ -13570,8 +13981,8 @@ msgid "" "have to do?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10584 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10670 msgid "" "Well, first, you'd have to determine which of the 9,873 books were still " "under copyright. That requires going to a library (these data are not " @@ -13581,23 +13992,23 @@ msgid "" "under copyright." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10592 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10678 msgid "" "Then for the books still under copyright, you would need to locate the " "current copyright owners. How would you do that?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10596 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10682 msgid "" "Most people think that there must be a list of these copyright owners " "somewhere. Practical people think this way. How could there be thousands and " "thousands of government monopolies without there being at least a list?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10603 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10689 msgid "" "But there is no list. There may be a name from 1930, and then in 1959, of " "the person who registered the copyright. But just think practically about " @@ -13606,27 +14017,27 @@ msgid "" "the current owner. And we're just talking about 1930!" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10612 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10698 msgid "" "\"But there isn't a list of who owns property generally,\" the apologists " "for the system respond. \"Why should there be a list of copyright owners?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10618 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10703 msgid "" -"Well, actually, if you think about it, there are plenty of lists of who owns " -"what property. Think about deeds on houses, or titles to cars. And where " -"there isn't a list, the code of real space is pretty good at suggesting who " -"the owner of a bit of property is. (A swing set in your backyard is probably " -"yours.) So formally or informally, we have a pretty good way to know who " -"owns what tangible property." +"Well, actually, if you think about it, there <emphasis>are</emphasis> plenty " +"of lists of who owns what property. Think about deeds on houses, or titles " +"to cars. And where there isn't a list, the code of real space is pretty " +"good at suggesting who the owner of a bit of property is. (A swing set in " +"your backyard is probably yours.) So formally or informally, we have a " +"pretty good way to know who owns what tangible property." msgstr "" #. PAGE BREAK 230 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10627 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10712 msgid "" "So: You walk down a street and see a house. You can know who owns the house " "by looking it up in the courthouse registry. If you see a car, there is " @@ -13639,8 +14050,8 @@ msgid "" "proves the rule: that we ordinarily know quite well who owns what property." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10642 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10727 msgid "" "Compare this story to intangible property. You go into a library. The " "library owns the books. But who owns the copyrights? As I've already " @@ -13653,51 +14064,62 @@ msgid "" "to be used." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10654 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10739 msgid "" "The consequence with respect to old books is that they won't be digitized, " "and hence will simply rot away on shelves. But the consequence for other " "creative works is much more dire." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:10659 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:10744 msgid "Agee, Michael" msgstr "" +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:10745 freeculture.xml:11176 +msgid "Hal Roach Studios" +msgstr "" + +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:10746 +msgid "Laurel and Hardy Films" +msgstr "" + #. f11. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10672 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10759 msgid "" -"See David G. Savage, \"High Court Scene of Showdown on Copyright Law,\" Los " -"Angeles Times, 6 October 2002; David Streitfeld, \"Classic Movies, Songs, " -"Books at Stake; Supreme Court Hears Arguments Today on Striking Down " -"Copyright Extension,\" Orlando Sentinel Tribune, 9 October 2002." +"See David G. Savage, \"High Court Scene of Showdown on Copyright Law,\" " +"<citetitle>Los Angeles Times</citetitle>, 6 October 2002; David Streitfeld, " +"\"Classic Movies, Songs, Books at Stake; Supreme Court Hears Arguments Today " +"on Striking Down Copyright Extension,\" <citetitle>Orlando Sentinel " +"Tribune</citetitle>, 9 October 2002." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:10678 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:10765 msgid "Lucky Dog, The" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10661 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10748 msgid "" "Consider the story of Michael Agee, chairman of Hal Roach Studios, which " "owns the copyrights for the Laurel and Hardy films. Agee is a direct " "beneficiary of the Bono Act. The Laurel and Hardy films were made between " -"1921 and 1951. Only one of these films, The Lucky Dog, is currently out of " -"copyright. But for the CTEA, films made after 1923 would have begun entering " -"the public domain. Because Agee controls the exclusive rights for these " -"popular films, he makes a great deal of money. According to one estimate, " -"\"Roach has sold about 60,000 videocassettes and 50,000 DVDs of the duo's " -"silent films.\"<placeholder type=\"footnote\" id=\"0\"/> <placeholder " -"type=\"indexterm\" id=\"1\"/>" +"1921 and 1951. Only one of these films, <citetitle>The Lucky " +"Dog</citetitle>, is currently out of copyright. But for the CTEA, films made " +"after 1923 would have begun entering the public domain. Because Agee " +"controls the exclusive rights for these popular films, he makes a great deal " +"of money. According to one estimate, \"Roach has sold about 60,000 " +"videocassettes and 50,000 DVDs of the duo's silent films.\"<placeholder " +"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10681 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10768 msgid "" "Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in this " "culture: selflessness. He argued in a brief before the Supreme Court that " @@ -13706,8 +14128,8 @@ msgid "" msgstr "" #. PAGE BREAK 231 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10687 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10774 msgid "" "His argument is straightforward. A tiny fraction of this work has any " "continuing commercial value. The rest—to the extent it survives at " @@ -13718,18 +14140,20 @@ msgid "" msgstr "" #. f12. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10704 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10792 msgid "" "Brief of Hal Roach Studios and Michael Agee as Amicus Curiae Supporting the " -"Petitoners, Eldred v. Ashcroft, 537 U.S. 186 (2003) (No. 01- 618), 12. See " -"also Brief of Amicus Curiae filed on behalf of Petitioners by the Internet " -"Archive, Eldred v. Ashcroft, available at <ulink " +"Petitoners, <citetitle>Eldred</citetitle> " +"v. <citetitle>Ashcroft</citetitle>, 537 U.S. 186 (2003) (No. 01- 618), " +"12. See also Brief of Amicus Curiae filed on behalf of Petitioners by the " +"Internet Archive, <citetitle>Eldred</citetitle> " +"v. <citetitle>Ashcroft</citetitle>, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #53</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10698 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10785 msgid "" "We can't know the benefits, but we do know a lot about the costs. For most " "of the history of film, the costs of restoring film were very high; digital " @@ -13739,8 +14163,8 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10714 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10802 msgid "" "Restoration technology is not the only cost, nor the most important. " "Lawyers, too, are a cost, and increasingly, a very important one. In " @@ -13749,18 +14173,19 @@ msgid "" "locate the copyright owner." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10722 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10810 msgid "" -"Or more accurately, owners. As we've seen, there isn't only a single " -"copyright associated with a film; there are many. There isn't a single " -"person whom you can contact about those copyrights; there are as many as can " -"hold the rights, which turns out to be an extremely large number. Thus the " -"costs of clearing the rights to these films is exceptionally high." +"Or more accurately, <emphasis>owners</emphasis>. As we've seen, there isn't " +"only a single copyright associated with a film; there are many. There isn't " +"a single person whom you can contact about those copyrights; there are as " +"many as can hold the rights, which turns out to be an extremely large " +"number. Thus the costs of clearing the rights to these films is " +"exceptionally high." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10731 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10818 msgid "" "\"But can't you just restore the film, distribute it, and then pay the " "copyright owner when she shows up?\" Sure, if you want to commit a " @@ -13774,8 +14199,8 @@ msgid "" msgstr "" #. PAGE BREAK 232 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10742 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10829 msgid "" "For some films, the benefit of releasing the film may well exceed these " "costs. But for the vast majority of them, there is no way the benefit would " @@ -13784,8 +14209,8 @@ msgid "" "expires." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10752 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10839 msgid "" "But by the time the copyright for these films expires, the film will have " "expired. These films were produced on nitrate-based stock, and nitrate stock " @@ -13793,8 +14218,8 @@ msgid "" "they are now stored will be filled with nothing more than dust." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10760 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10847 msgid "" "Of all the creative work produced by humans anywhere, a tiny fraction has " "continuing commercial value. For that tiny fraction, the copyright is a " @@ -13803,8 +14228,8 @@ msgid "" "tiny fraction, the copyright acts as an \"engine of free expression.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10769 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10856 msgid "" "But even for that tiny fraction, the actual time during which the creative " "work has a commercial life is extremely short. As I've indicated, most books " @@ -13814,8 +14239,8 @@ msgid "" "commercial life ends." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10779 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10866 msgid "" "Yet that doesn't mean the life of the creative work ends. We don't keep " "libraries of books in order to compete with Barnes & Noble, and we don't " @@ -13828,29 +14253,29 @@ msgid "" msgstr "" #. PAGE BREAK 233 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10792 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10879 msgid "" "Copyrights in this context do not drive an engine of free expression. In " "this context, there is no need for an exclusive right. Copyrights in this " "context do no good." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10799 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10886 msgid "" "Yet, for most of our history, they also did little harm. For most of our " "history, when a work ended its commercial life, there was no " -"copyright-related use that would be inhibited by an exclusive right. When a " -"book went out of print, you could not buy it from a publisher. But you " -"could still buy it from a used book store, and when a used book store sells " -"it, in America, at least, there is no need to pay the copyright owner " -"anything. Thus, the ordinary use of a book after its commercial life ended " -"was a use that was independent of copyright law." +"<emphasis>copyright-related use</emphasis> that would be inhibited by an " +"exclusive right. When a book went out of print, you could not buy it from a " +"publisher. But you could still buy it from a used book store, and when a " +"used book store sells it, in America, at least, there is no need to pay the " +"copyright owner anything. Thus, the ordinary use of a book after its " +"commercial life ended was a use that was independent of copyright law." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10809 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10897 msgid "" "The same was effectively true of film. Because the costs of restoring a " "film—the real economic costs, not the lawyer costs—were so high, " @@ -13860,8 +14285,8 @@ msgid "" "of its life so long as the market didn't have more to offer." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10818 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10906 msgid "" "In other words, though copyright has been relatively short for most of our " "history, long copyrights wouldn't have mattered for the works that lost " @@ -13869,13 +14294,13 @@ msgid "" "interfered with anything." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10824 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10912 msgid "But this situation has now changed." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10827 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10915 msgid "" "One crucially important consequence of the emergence of digital technologies " "is to enable the archive that Brewster Kahle dreams of. Digital " @@ -13889,8 +14314,8 @@ msgid "" msgstr "" #. PAGE BREAK 234 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10840 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10928 msgid "" "And now copyright law does get in the way. Every step of producing this " "digital archive of our culture infringes on the exclusive right of " @@ -13902,29 +14327,30 @@ msgid "" "radically different context." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10850 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10938 msgid "" "Here is the core of the harm that comes from extending terms: Now that " "technology enables us to rebuild the library of Alexandria, the law gets in " -"the way. And it doesn't get in the way for any useful copyright purpose, for " -"the purpose of copyright is to enable the commercial market that spreads " -"culture. No, we are talking about culture after it has lived its commercial " -"life. In this context, copyright is serving no purpose at all related to the " -"spread of knowledge. In this context, copyright is not an engine of free " +"the way. And it doesn't get in the way for any useful " +"<emphasis>copyright</emphasis> purpose, for the purpose of copyright is to " +"enable the commercial market that spreads culture. No, we are talking about " +"culture after it has lived its commercial life. In this context, copyright " +"is serving no purpose <emphasis>at all</emphasis> related to the spread of " +"knowledge. In this context, copyright is not an engine of free " "expression. Copyright is a brake." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10861 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10949 msgid "" "You may well ask, \"But if digital technologies lower the costs for 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?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10867 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10955 msgid "" "Maybe. Someday. But there is absolutely no evidence to suggest that " "publishers would be as complete as libraries. If Barnes & Noble offered " @@ -13937,16 +14363,16 @@ msgid "" msgstr "" #. f13. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:10890 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:10978 msgid "" "Jason Schultz, \"The Myth of the 1976 Copyright `Chaos' Theory,\" 20 " "December 2002, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #54</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10878 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10966 msgid "" "I would be the first to agree that it should do as much as it can: We should " "rely upon the market as much as possible to spread and enable culture. My " @@ -13959,8 +14385,8 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10897 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10985 msgid "" "In January 1999, we filed a lawsuit on Eric Eldred's behalf in federal " "district court in Washington, D.C., asking the court to declare the Sonny " @@ -13970,8 +14396,8 @@ msgid "" "by another twenty years violated the First Amendment." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10905 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:10993 msgid "" "The district court dismissed our claims without even hearing an argument. A " "panel of the Court of Appeals for the D.C. Circuit also dismissed our " @@ -13980,8 +14406,8 @@ msgid "" "court. That dissent gave our claims life." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10912 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11000 msgid "" "Judge David Sentelle said the CTEA violated the requirement that copyrights " "be for \"limited Times\" only. His argument was as elegant as it was simple: " @@ -13993,8 +14419,8 @@ msgid "" "argued, would be to deny Congress the power to extend existing terms." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10923 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11011 msgid "" "We asked the Court of Appeals for the D.C. Circuit as a whole to hear the " "case. Cases are ordinarily heard in panels of three, except for important " @@ -14003,8 +14429,8 @@ msgid "" msgstr "" #. PAGE BREAK 236 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10929 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11017 msgid "" "The Court of Appeals rejected our request to hear the case en banc. This " "time, Judge Sentelle was joined by the most liberal member of the " @@ -14013,8 +14439,8 @@ msgid "" "bounds." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10938 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11026 msgid "" "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 " @@ -14023,16 +14449,16 @@ msgid "" "court has yet reviewed the statute." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10945 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11033 msgid "" "But in February 2002, the Supreme Court surprised the world by granting our " "petition to review the D.C. Circuit opinion. Argument was set for October of " "2002. The summer would be spent writing briefs and preparing for argument." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10951 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11039 msgid "" "It is over a year later as I write these words. It is still astonishingly " "hard. If you know anything at all about this story, you know that we lost " @@ -14044,22 +14470,22 @@ msgid "" "from my client, Eric Eldred." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10961 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11049 msgid "" "But my client and these friends were wrong. This case could have been " "won. It should have been won. And no matter how hard I try to retell this " "story to myself, I can never escape believing that my own mistake lost it." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:10966 freeculture.xml:10980 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11054 freeculture.xml:11068 msgid "Steward, Geoffrey" msgstr "" #. PAGE BREAK 237 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10968 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11056 msgid "" "The mistake was made early, though it became obvious only at the very " "end. Our case had been supported from the very beginning by an extraordinary " @@ -14070,18 +14496,18 @@ msgid "" "the case, they gave it everything they could." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:10978 freeculture.xml:11319 freeculture.xml:11334 freeculture.xml:11428 freeculture.xml:11642 freeculture.xml:11673 freeculture.xml:11761 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11066 freeculture.xml:11414 freeculture.xml:11429 freeculture.xml:11522 freeculture.xml:11736 freeculture.xml:11767 freeculture.xml:11860 msgid "Ayer, Don" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:10979 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11067 msgid "Bromberg, Dan" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10982 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11070 msgid "" "There were three key lawyers on the case from Jones Day. Geoff Stewart was " "the first, but then Dan Bromberg and Don Ayer became quite " @@ -14093,8 +14519,8 @@ msgid "" "world.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:10992 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11080 msgid "" "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 think it " @@ -14114,8 +14540,8 @@ msgid "" "put in the Constitution." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11013 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11101 msgid "" "In any case, I thought, the Court must already see the danger and the harm " "caused by this sort of law. Why else would they grant review? There was no " @@ -14125,8 +14551,8 @@ msgid "" msgstr "" #. PAGE BREAK 238 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11021 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11109 msgid "" "There was one way, however, in which I felt politics would matter and in " "which I thought a response was appropriate. I was convinced that the Court " @@ -14137,25 +14563,25 @@ msgid "" "the case was not to demonstrate how bad the Sonny Bono Act was but to " "demonstrate that it was unconstitutional, my hope was to make this argument " "against a background of briefs that covered the full range of political " -"views. To show that this claim against the CTEA was grounded in law and not " -"politics, then, we tried to gather the widest range of credible " -"critics—credible not because they were rich and famous, but because " -"they, in the aggregate, demonstrated that this law was unconstitutional " -"regardless of one's politics." +"views. To show that this claim against the CTEA was grounded in " +"<emphasis>law</emphasis> and not politics, then, we tried to gather the " +"widest range of credible critics—credible not because they were rich " +"and famous, but because they, in the aggregate, demonstrated that this law " +"was unconstitutional regardless of one's politics." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:11052 freeculture.xml:11075 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:11140 freeculture.xml:11166 msgid "Eagle Forum" msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:11053 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:11141 msgid "Schlafly, Phyllis" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11040 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11128 msgid "" "The first step happened all by itself. Phyllis Schlafly's organization, " "Eagle Forum, had been an opponent of the CTEA from the very beginning. " @@ -14172,8 +14598,8 @@ msgid "" "type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11056 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11144 msgid "" "In the Court of Appeals, Eagle Forum was eager to file a brief supporting " "our position. Their brief made the argument that became the core claim in " @@ -14182,8 +14608,8 @@ msgid "" "conservative argument persuaded a strong conservative judge, Judge Sentelle." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11064 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11152 msgid "" "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 " @@ -14193,20 +14619,33 @@ msgid "" "Amendment scholars. There was an exhaustive and uncontroverted brief by the " "world's experts in the history of the Progress Clause. And of course, there " "was a new brief by Eagle Forum, repeating and strengthening its arguments. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/> <placeholder " +"type=\"indexterm\" id=\"3\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:11173 +msgid "American Association of Law Libraries" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:11174 +msgid "National Writers Union" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11078 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11169 msgid "" "Those briefs framed a legal argument. Then to support the legal argument, " "there were a number of powerful briefs by libraries and archives, including " "the Internet Archive, the American Association of Law Libraries, and the " -"National Writers Union." +"National Writers Union. <placeholder type=\"indexterm\" id=\"0\"/> " +"<placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11084 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11178 msgid "" "But two briefs captured the policy argument best. One made the argument I've " "already described: A brief by Hal Roach Studios argued that unless the law " @@ -14214,33 +14653,33 @@ msgid "" "made the economic argument absolutely clear." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11090 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11184 msgid "Akerlof, George" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11091 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11185 msgid "Arrow, Kenneth" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11092 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11186 msgid "Buchanan, James" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11093 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11187 msgid "Coase, Ronald" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11094 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11188 msgid "Friedman, Milton" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11096 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11190 msgid "" "This economists' brief was signed by seventeen economists, including five " "Nobel Prize winners, including Ronald Coase, James Buchanan, Milton " @@ -14253,13 +14692,23 @@ msgid "" "wild." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:11119 freeculture.xml:11132 freeculture.xml:11325 freeculture.xml:11678 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:11213 freeculture.xml:11228 freeculture.xml:11420 freeculture.xml:11772 msgid "Fried, Charles" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11107 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:11214 +msgid "Morrison, Alan" +msgstr "" + +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:11215 +msgid "Public Citizen" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11201 msgid "" "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 us from " @@ -14270,11 +14719,12 @@ msgid "" "individual rights; my colleague and dean, Kathleen Sullivan, who had argued " "many cases in the Court, and who had advised us early on about a First " "Amendment strategy; and finally, former solicitor general Charles Fried. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/> <placeholder type=\"indexterm\" id=\"2\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11122 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11218 msgid "" "Fried was a special victory for our side. Every other former solicitor " "general was hired by the other side to defend Congress's power to give media " @@ -14288,8 +14738,8 @@ msgid "" "type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11135 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11231 msgid "" "The government, in defending the statute, had its collection of friends, as " "well. Significantly, however, none of these \"friends\" included historians " @@ -14297,8 +14747,8 @@ msgid "" "exclusively by major media companies, congressmen, and copyright holders." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11142 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11238 msgid "" "The media companies were not surprising. They had the most to gain from the " "law. The congressmen were not surprising either—they were defending " @@ -14309,28 +14759,28 @@ msgid "" msgstr "" #. f14. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:11158 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:11254 msgid "" -"Brief of Amici Dr. Seuss Enterprise et al., Eldred v. Ashcroft, 537 U.S. " -"(2003) (No. 01-618), 19." +"Brief of Amici Dr. Seuss Enterprise et al., <citetitle>Eldred</citetitle> " +"v. <citetitle>Ashcroft</citetitle>, 537 U.S. (2003) (No. 01-618), 19." msgstr "" #. f15. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:11166 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:11262 msgid "" "Dinitia Smith, \"Immortal Words, Immortal Royalties? Even Mickey Mouse Joins " -"the Fray,\" New York Times, 28 March 1998, B7." +"the Fray,\" <citetitle>New York Times</citetitle>, 28 March 1998, B7." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:11173 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:11269 msgid "Gershwin, George" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11151 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11247 msgid "" "Dr. Seuss's representatives, for example, argued that it was better for the " "Dr. Seuss estate to control what happened to Dr. Seuss's work— better " @@ -14339,14 +14789,15 @@ msgid "" "drugs or to create pornography.\"<placeholder type=\"footnote\" id=\"0\"/> " "That was also the motive of the Gershwin estate, which defended its " "\"protection\" of the work of George Gershwin. They refuse, for example, to " -"license Porgy and Bess to anyone who refuses to use African Americans in the " -"cast.<placeholder type=\"footnote\" id=\"1\"/> That's their view of how this " -"part of American culture should be controlled, and they wanted this law to " -"help them effect that control. <placeholder type=\"indexterm\" id=\"2\"/>" +"license <citetitle>Porgy and Bess</citetitle> to anyone who refuses to use " +"African Americans in the cast.<placeholder type=\"footnote\" id=\"1\"/> " +"That's their view of how this part of American culture should be controlled, " +"and they wanted this law to help them effect that control. <placeholder " +"type=\"indexterm\" id=\"2\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11176 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11272 msgid "" "This argument made clear a theme that is rarely noticed in this debate. " "When Congress decides to extend the term of existing copyrights, Congress is " @@ -14360,8 +14811,8 @@ msgid "" "meant to block." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11188 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11284 msgid "" "We argued as much in a final brief. Not only would upholding the CTEA mean " "that there was no limit to the power of Congress to extend " @@ -14372,26 +14823,27 @@ msgid "" "case. Early on, as I said, I set the strategy." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11197 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11293 msgid "" "The Supreme Court was divided into two important camps. One camp we called " "\"the Conservatives.\" The other we called \"the Rest.\" The Conservatives " "included Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice " "Kennedy, and Justice Thomas. These five had been the most consistent in " "limiting Congress's power. They were the five who had supported the " -"Lopez/Morrison line of cases that said that an enumerated power had to be " -"interpreted to assure that Congress's powers had limits." +"<citetitle>Lopez/Morrison</citetitle> line of cases that said that an " +"enumerated power had to be interpreted to assure that Congress's powers had " +"limits." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11206 freeculture.xml:11230 freeculture.xml:11571 freeculture.xml:11583 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11302 freeculture.xml:11326 freeculture.xml:11665 freeculture.xml:11677 msgid "Breyer, Stephen" msgstr "" #. PAGE BREAK 242 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11208 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11304 msgid "" "The Rest were the four Justices who had strongly opposed limits on " "Congress's power. These four—Justice Stevens, Justice Souter, Justice " @@ -14403,8 +14855,8 @@ msgid "" "were also the votes that we were least likely to get." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11220 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11316 msgid "" "In particular, the least likely was Justice Ginsburg's. In addition to her " "general view about deference to Congress (except where issues of gender are " @@ -14416,8 +14868,8 @@ msgid "" "wished, even if what Congress wished made little sense." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11232 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11328 msgid "" "Close behind Justice Ginsburg were two justices whom we also viewed as " "unlikely allies, though possible surprises. Justice Souter strongly favored " @@ -14426,8 +14878,8 @@ msgid "" "very important free speech argument against these retrospective extensions." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11240 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11336 msgid "" "The only vote we could be confident about was that of Justice " "Stevens. History will record Justice Stevens as one of the greatest judges " @@ -14437,8 +14889,8 @@ msgid "" "confident he would recognize limits here." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11248 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11344 msgid "" "This analysis of \"the Rest\" showed most clearly where our focus had to be: " "on the Conservatives. To win this case, we had to crack open these five and " @@ -14450,21 +14902,23 @@ msgid "" msgstr "" #. PAGE BREAK 243 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11258 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11354 msgid "" "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 Lopez case, " -"under the government's argument here, Congress would always have unlimited " -"power to extend existing terms. If anything was plain about Congress's power " -"under the Progress Clause, it was that this power was supposed to be " -"\"limited.\" Our aim would be to get the Court to reconcile Eldred with " -"Lopez: If Congress's power to regulate commerce was limited, then so, too, " -"must Congress's power to regulate copyright be limited." -msgstr "" - -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11271 +"responsible. We would get the Court to see that just as with the " +"<citetitle>Lopez</citetitle> case, under the government's argument here, " +"Congress would always have unlimited power to extend existing terms. If " +"anything was plain about Congress's power under the Progress Clause, it was " +"that this power was supposed to be \"limited.\" Our aim would be to get the " +"Court to reconcile <citetitle>Eldred</citetitle> with " +"<citetitle>Lopez</citetitle>: If Congress's power to regulate commerce was " +"limited, then so, too, must Congress's power to regulate copyright be " +"limited." +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11368 msgid "" "The argument on the government's side came down to this: Congress has done " "it before. It should be allowed to do it again. The government claimed that " @@ -14473,8 +14927,8 @@ msgid "" "practice is unconstitutional." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11280 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11375 msgid "" "There was some truth to the government's claim, but not much. We certainly " "agreed that Congress had extended existing terms in and in 1909. And of " @@ -14483,8 +14937,8 @@ msgid "" msgstr "" #. PAGE BREAK 244 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11287 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11382 msgid "" "But this \"consistency\" should be kept in perspective. Congress extended " "existing terms once in the first hundred years of the Republic. It then " @@ -14501,8 +14955,8 @@ msgid "" "justices fire questions at wannabe winners." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11310 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11405 msgid "" "I was convinced that to win, I had to keep the Court focused on a single " "point: that if this extension is permitted, then there is no limit to the " @@ -14512,8 +14966,8 @@ msgid "" "found ways to take every question back to this central idea." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11321 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11416 msgid "" "One moot was before the lawyers at Jones Day. Don Ayer was the skeptic. He " "had served in the Reagan Justice Department with Solicitor General Charles " @@ -14522,8 +14976,8 @@ msgid "" "id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11328 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11423 msgid "" "\"I'm just afraid that unless they really see the harm, they won't be " "willing to upset this practice that the government says has been a " @@ -14533,8 +14987,8 @@ msgid "" msgstr "" #. PAGE BREAK 245 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11336 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11431 msgid "" "He may have argued many cases before this Court, I thought, but he didn't " "understand its soul. As a clerk, I had seen the Justices do the right " @@ -14551,8 +15005,8 @@ msgid "" "would be assured a seat." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11353 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11448 msgid "" "Not everyone has to wait in line. People who know the Justices can ask for " "seats they control. (I asked Justice Scalia's chambers for seats for my " @@ -14567,8 +15021,8 @@ msgid "" "in the special section ordinarily reserved for family of the Justices." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11368 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11463 msgid "" "When the Chief Justice called me to begin my argument, I began where I " "intended to stay: on the question of the limits on Congress's power. This " @@ -14576,15 +15030,15 @@ msgid "" "powers had any limit." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11374 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11469 msgid "" "Justice O'Connor stopped me within one minute of my opening. The history " "was bothering her." msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:11379 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:11474 msgid "" "justice o'connor: Congress has extended the term so often through the years, " "and if you are right, don't we run the risk of upsetting previous extensions " @@ -14592,8 +15046,8 @@ msgid "" "act." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11386 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11481 msgid "" "She was quite willing to concede \"that this flies directly in the face of " "what the framers had in mind.\" But my response again and again was to " @@ -14601,23 +15055,23 @@ msgid "" msgstr "" #. PAGE BREAK 246 -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:11392 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:11487 msgid "" "mr. lessig: Well, if it flies in the face of what the framers had in mind, " "then the question is, is there a way of interpreting their words that gives " "effect to what they had in mind, and the answer is yes." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11400 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11495 msgid "" "There were two points in this argument when I should have seen where the " "Court was going. The first was a question by Justice Kennedy, who observed," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:11406 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:11501 msgid "" "justice kennedy: Well, I suppose implicit in the argument that the '76 act, " "too, should have been declared void, and that we might leave it alone " @@ -14626,15 +15080,15 @@ msgid "" "evidence for that." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11414 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11509 msgid "" "Here follows my clear mistake. Like a professor correcting a student, I " "answered," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:11420 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:11515 msgid "" "mr. lessig: Justice, we are not making an empirical claim at all. Nothing " "in our Copyright Clause claim hangs upon the empirical assertion about " @@ -14643,8 +15097,8 @@ msgid "" "under the copyright laws." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11430 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11524 msgid "" "That was a correct answer, but it wasn't the right answer. The right answer " "was instead that there was an obvious and profound harm. Any number of " @@ -14653,31 +15107,31 @@ msgid "" "was a swing and a miss." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11437 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11531 msgid "" "The second came from the Chief, for whom the whole case had been " -"crafted. For the Chief Justice had crafted the Lopez ruling, and we hoped " -"that he would see this case as its second cousin." +"crafted. For the Chief Justice had crafted the <citetitle>Lopez</citetitle> " +"ruling, and we hoped that he would see this case as its second cousin." msgstr "" #. PAGE BREAK 247 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11442 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11536 msgid "" "It was clear a second into his question that he wasn't at all sympathetic. " "To him, we were a bunch of anarchists. As he asked:" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:11450 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:11543 msgid "" "chief justice: Well, but you want more than that. You want the right to copy " "verbatim other people's books, don't you?" msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:11454 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:11547 msgid "" "mr. lessig: We want the right to copy verbatim works that should be in the " "public domain and would be in the public domain but for a statute that " @@ -14685,16 +15139,16 @@ msgid "" "proper reading of the limits built into the Copyright Clause." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11463 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11556 msgid "" "Things went better for us when the government gave its argument; for now the " "Court picked up on the core of our claim. As Justice Scalia asked Solicitor " "General Olson," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:11469 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:11562 msgid "" "justice scalia: You say that the functional equivalent of an unlimited time " "would be a violation [of the Constitution], but that's precisely the " @@ -14702,8 +15156,8 @@ msgid "" "extendable is the functional equivalent of an unlimited time." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11477 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11570 msgid "" "When Olson was finished, it was my turn to give a closing rebuttal. Olson's " "flailing had revived my anger. But my anger still was directed to the " @@ -14718,16 +15172,16 @@ msgid "" msgstr "" #. PAGE BREAK 248 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11490 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11583 msgid "" "As I left the court that day, I knew there were a hundred points I wished I " "could remake. There were a hundred questions I wished I had answered " "differently. But one way of thinking about this case left me optimistic." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11498 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11591 msgid "" "The government had been asked over and over again, what is the limit? Over " "and over again, it had answered there is no limit. This was precisely the " @@ -14743,8 +15197,8 @@ msgid "" "rule of law that it had established elsewhere." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11513 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11606 msgid "" "The morning of January 15, 2003, I was five minutes late to the office and " "missed the 7:00 A.M. call from the Supreme Court clerk. Listening to the " @@ -14753,64 +15207,66 @@ msgid "" "justices had voted in the majority. There were two dissents." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11520 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11613 msgid "" "A few seconds later, the opinions arrived by e-mail. I took the phone off " "the hook, posted an announcement to our blog, and sat down to see where I " "had been wrong in my reasoning." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11525 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11618 msgid "" -"My reasoning. Here was a case that pitted all the money in the world against " -"reasoning. And here was the last naïve law professor, scouring the pages, " -"looking for reasoning." +"My <emphasis>reasoning</emphasis>. Here was a case that pitted all the money " +"in the world against <emphasis>reasoning</emphasis>. And here was the last " +"naïve law professor, scouring the pages, looking for reasoning." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11530 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11624 msgid "" "I first scoured the opinion, looking for how the Court would distinguish the " -"principle in this case from the principle in Lopez. The argument was nowhere " -"to be found. The case was not even cited. The argument that was the core " -"argument of our case did not even appear in the Court's opinion." +"principle in this case from the principle in " +"<citetitle>Lopez</citetitle>. The argument was nowhere to be found. The case " +"was not even cited. The argument that was the core argument of our case did " +"not even appear in the Court's opinion." msgstr "" #. PAGE BREAK 249 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11539 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11633 msgid "" "Justice Ginsburg simply ignored the enumerated powers argument. Consistent " "with her view that Congress's power was not limited generally, she had found " "Congress's power not limited here." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11544 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11638 msgid "" "Her opinion was perfectly reasonable—for her, and for Justice " -"Souter. Neither believes in Lopez. It would be too much to expect them to " -"write an opinion that recognized, much less explained, the doctrine they had " -"worked so hard to defeat." +"Souter. Neither believes in <citetitle>Lopez</citetitle>. It would be too " +"much to expect them to write an opinion that recognized, much less " +"explained, the doctrine they had worked so hard to defeat." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11550 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11644 msgid "" "But as I realized what had happened, I couldn't quite believe what I was " "reading. I had said there was no way this Court could reconcile limited " "powers with the Commerce Clause and unlimited powers with the Progress " "Clause. It had never even occurred to me that they could reconcile the two " -"simply by not addressing the argument. There was no inconsistency because " -"they would not 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." +"simply <emphasis>by not addressing the argument</emphasis>. There was no " +"inconsistency because they would not talk about the two together. There was " +"therefore no principle that followed from the <citetitle>Lopez</citetitle> " +"case: In that context, Congress's power would be limited, but in this " +"context it would not." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11561 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11655 msgid "" "Yet by what right did they get to choose which of the framers' values they " "would respect? By what right did they—the silent five—get to " @@ -14822,8 +15278,8 @@ msgid "" "will respect, that is the system we have." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11573 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11667 msgid "" "Justices Breyer and Stevens wrote very strong dissents. Stevens's opinion " "was crafted internal to the law: He argued that the tradition of " @@ -14837,8 +15293,8 @@ msgid "" msgstr "" #. PAGE BREAK 250 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11586 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11680 msgid "" "Justice Breyer's opinion, perhaps the best opinion he has ever written, was " "external to the Constitution. He argued that the term of copyrights has " @@ -14850,42 +15306,44 @@ msgid "" "long as to be effectively unlimited, then it was unconstitutional." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11597 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11691 msgid "" "These two justices understood all the arguments we had made. But because " -"neither believed in the Lopez case, neither was willing to push it as a " -"reason to reject this extension. The case was decided without anyone having " -"addressed the argument that we had carried from Judge Sentelle. It was " -"Hamlet without the Prince." +"neither believed in the <citetitle>Lopez</citetitle> case, neither was " +"willing to push it as a reason to reject this extension. The case was " +"decided without anyone having addressed the argument that we had carried " +"from Judge Sentelle. It was <citetitle>Hamlet</citetitle> without the " +"Prince." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11604 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11698 msgid "" "Defeat brings depression. They say it is a sign of health when depression " "gives way to anger. My anger came quickly, but it didn't cure the " "depression. This anger was of two sorts." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11609 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11703 msgid "" "It was first anger with the five \"Conservatives.\" It would have been one " -"thing for them to have explained why the principle of Lopez didn't apply in " -"this case. That wouldn't have been a very convincing argument, I don't " -"believe, having read it made by others, and having tried to make it " -"myself. But it at least would have been an act of integrity. These justices " -"in particular have repeatedly said that the proper mode of interpreting the " -"Constitution is \"originalism\"—to first understand the framers' text, " -"interpreted in their context, in light of the structure of the " -"Constitution. That method had produced Lopez and many other \"originalist\" " -"rulings. Where was their \"originalism\" now?" +"thing for them to have explained why the principle of " +"<citetitle>Lopez</citetitle> didn't apply in this case. That wouldn't have " +"been a very convincing argument, I don't believe, having read it made by " +"others, and having tried to make it myself. But it at least would have been " +"an act of integrity. These justices in particular have repeatedly said that " +"the proper mode of interpreting the Constitution is \"originalism\"—to " +"first understand the framers' text, interpreted in their context, in light " +"of the structure of the Constitution. That method had produced " +"<citetitle>Lopez</citetitle> and many other \"originalist\" rulings. Where " +"was their \"originalism\" now?" msgstr "" #. PAGE BREAK 251 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11622 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11716 msgid "" "Here, they had joined an opinion that never once tried to explain what the " "framers had meant by crafting the Progress Clause as they did; they joined " @@ -14899,16 +15357,16 @@ msgid "" "consistent with their own principles." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11637 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11731 msgid "" "My anger with the Conservatives quickly yielded to anger with myself. For I " "had let a view of the law that I liked interfere with a view of the law as " "it is." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11644 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11738 msgid "" "Most lawyers, and most law professors, have little patience for idealism " "about courts in general and this Supreme Court in particular. Most have a " @@ -14922,8 +15380,8 @@ msgid "" msgstr "" #. PAGE BREAK 252 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11655 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11749 msgid "" "As I read back over the transcript from that argument in October, I can see " "a hundred places where the answers could have taken the conversation in " @@ -14941,16 +15399,16 @@ msgid "" "on which a court should decide the issue." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11675 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11769 msgid "" "Would it have been different if I had argued it differently? Would it have " "been different if Don Ayer had argued it? Or Charles Fried? Or Kathleen " "Sullivan? <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11681 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11775 msgid "" "My friends huddled around me to insist it would not. The Court was not " "ready, my friends insisted. This was a loss that was destined. It would take " @@ -14958,8 +15416,8 @@ msgid "" "we do that, we will be able to show that Court." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11687 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11781 msgid "" "Maybe, but I doubt it. These Justices have no financial interest in doing " "anything except the right thing. They are not lobbied. They have little " @@ -14968,8 +15426,8 @@ msgid "" "persuaded." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11694 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11788 msgid "" "And even if I couldn't, then that doesn't excuse what happened in " "January. For at the start of this case, one of America's leading " @@ -14980,8 +15438,8 @@ msgid "" msgstr "" #. PAGE BREAK 253 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11702 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11796 msgid "" "After the argument and after the decision, Peter said to me, and publicly, " "that he was wrong. But if indeed that Court could not have been persuaded, " @@ -14997,11 +15455,11 @@ msgid "" "been skeptical of the Court's activism in other cases. Deference was a good " "thing, even if it left standing a silly law. But where the decision was " "attacked, it was attacked because it left standing a silly and harmful " -"law. The New York Times wrote in its editorial," +"law. <citetitle>The New York Times</citetitle> wrote in its editorial," msgstr "" -#. type: Content of: <book><chapter><sect1><blockquote><para> -#: freeculture.xml:11723 +#. type: Content of: <book><part><chapter><blockquote><para> +#: freeculture.xml:11817 msgid "" "In effect, the Supreme Court's decision makes it likely that we are seeing " "the beginning of the end of public domain and the birth of copyright " @@ -15011,52 +15469,65 @@ msgid "" "creative ferment." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:11737 +#. type: Content of: <book><part><chapter><figure><indexterm><primary> +#: freeculture.xml:11831 freeculture.xml:11836 msgid "Bolling, Ruben" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11732 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11826 msgid "" "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 on the next page. The \"powerful and " -"wealthy\" line is a bit unfair. But the punch in the face felt exactly like " -"that. <placeholder type=\"indexterm\" id=\"0\"/>" +"case, was Ruben Bolling's, reproduced on the next page (<xref " +"linkend=\"fig-18\"/>). The \"powerful and wealthy\" line is a bit " +"unfair. But the punch in the face felt exactly like that. <placeholder " +"type=\"indexterm\" id=\"0\"/>" +msgstr "" + +#. type: Content of: <book><part><chapter><figure><title> +#: freeculture.xml:11834 +msgid "Tom the Dancing Bug cartoon" +msgstr "" + +#. type: Content of: <book><part><chapter><figure> +#: freeculture.xml:11835 +msgid "" +"<graphic fileref=\"images/18.png\"></graphic> <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11740 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11839 msgid "" "The image that will always stick in my head is that evoked by the quote from " -"The New York Times. That \"grand experiment\" we call the \"public domain\" " -"is over? When I can make light of it, I think, \"Honey, I shrunk the " -"Constitution.\" But I can rarely make light of it. We had in our " -"Constitution a commitment to free culture. In the case that I fathered, the " -"Supreme Court effectively renounced that commitment. A better lawyer would " -"have made them see differently." +"<citetitle>The New York Times</citetitle>. That \"grand experiment\" we call " +"the \"public domain\" is over? When I can make light of it, I think, " +"\"Honey, I shrunk the Constitution.\" But I can rarely make light of it. We " +"had in our Constitution a commitment to free culture. In the case that I " +"fathered, the Supreme Court effectively renounced that commitment. A better " +"lawyer would have made them see differently." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:11751 +#. type: Content of: <book><part><chapter><title> +#: freeculture.xml:11850 msgid "CHAPTER FOURTEEN: Eldred II" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11753 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11852 msgid "" -"The day Eldred was decided, fate would have it that I was to travel to " -"Washington, D.C. (The day the rehearing petition in Eldred was " -"denied—meaning the case was really finally over—fate would have " -"it that I was giving a speech to technologists at Disney World.) This was a " -"particularly long flight to my least favorite city. The drive into the city " -"from Dulles was delayed because of traffic, so I opened up my computer and " -"wrote an op-ed piece." +"The day <citetitle>Eldred</citetitle> was decided, fate would have it that I " +"was to travel to Washington, D.C. (The day the rehearing petition in " +"<citetitle>Eldred</citetitle> was denied—meaning the case was really " +"finally over—fate would have it that I was giving a speech to " +"technologists at Disney World.) This was a particularly long flight to my " +"least favorite city. The drive into the city from Dulles was delayed because " +"of traffic, so I opened up my computer and wrote an op-ed piece." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11763 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11862 msgid "" "It was an act of contrition. During the whole of the flight from San " "Francisco to Washington, I had heard over and over again in my head the same " @@ -15069,26 +15540,26 @@ msgid "" msgstr "" #. PAGE BREAK 256 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11773 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11872 msgid "" -"The New York Times published the piece. In it, I proposed a simple fix: " -"Fifty years after a work has been published, the copyright owner would be " -"required to register the work and pay a small fee. If he paid the fee, he " -"got the benefit of the full term of copyright. If he did not, the work " -"passed into the public domain." +"<citetitle>The New York Times</citetitle> published the piece. In it, I " +"proposed a simple fix: Fifty years after a work has been published, the " +"copyright owner would be required to register the work and pay a small " +"fee. If he paid the fee, he got the benefit of the full term of " +"copyright. If he did not, the work passed into the public domain." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11781 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11880 msgid "" "We called this the Eldred Act, but that was just to give it a name. Eric " "Eldred was kind enough to let his name be used once again, but as he said " "early on, it won't get passed unless it has another name." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11786 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11885 msgid "" "Or another two names. For depending upon your perspective, this is either " "the \"Public Domain Enhancement Act\" or the \"Copyright Term Deregulation " @@ -15098,13 +15569,13 @@ msgid "" "worth is at least $1. But for everything else, let the content go." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11794 freeculture.xml:11993 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11893 freeculture.xml:12093 msgid "Forbes, Steve" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11796 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11895 msgid "" "The reaction to this idea was amazingly strong. Steve Forbes endorsed it in " "an editorial. I received an avalanche of e-mail and letters expressing " @@ -15117,8 +15588,8 @@ msgid "" "issue. Anyone can recognize the stupid harm of the present system." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11808 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11907 msgid "" "Indeed, many recognized the obvious benefit of the registration " "requirement. For one of the hardest things about the current system for " @@ -15130,19 +15601,19 @@ msgid "" "at least one registry where copyright owners could be identified." msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11818 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11917 msgid "Berlin Act (1908)" msgstr "" -#. type: Content of: <book><chapter><sect1><indexterm><primary> -#: freeculture.xml:11819 freeculture.xml:11858 +#. type: Content of: <book><part><chapter><indexterm><primary> +#: freeculture.xml:11918 freeculture.xml:11958 msgid "Berne Convention (1908)" msgstr "" #. f1. -#. type: Content of: <book><chapter><sect1><para><footnote><para> -#: freeculture.xml:11826 +#. type: Content of: <book><part><chapter><para><footnote><para> +#: freeculture.xml:11926 msgid "" "Until the 1908 Berlin Act of the Berne Convention, national copyright " "legislation sometimes made protection depend upon compliance with " @@ -15158,27 +15629,28 @@ msgid "" "National Museum. Copies of books published in the United Kingdom must be " "deposited in the British Library. The German Copyright Act provides for a " "Registrar of Authors where the author's true name can be filed in the case " -"of anonymous or pseudonymous works. Paul Goldstein, International " -"Intellectual Property Law, Cases and Materials (New York: Foundation Press, " -"2001), 153–54." +"of anonymous or pseudonymous works. Paul Goldstein, <citetitle>International " +"Intellectual Property Law, Cases and Materials</citetitle> (New York: " +"Foundation Press, 2001), 153–54." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11822 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11921 msgid "" -"As I described in chapter 10, formalities in copyright law were removed in " -"1976, when Congress followed the Europeans by abandoning any formal " -"requirement before a copyright is granted.<placeholder type=\"footnote\" " -"id=\"0\"/> The Europeans are said to view copyright as a \"natural right.\" " -"Natural rights don't need forms to exist. Traditions, like the " -"Anglo-American tradition that required copyright owners to follow form if " -"their rights were to be protected, did not, the Europeans thought, properly " -"respect the dignity of the author. My right as a creator turns on my " -"creativity, not upon the special favor of the government." +"As I described in chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"property-i\"/>, formalities in copyright law were removed in 1976, " +"when Congress followed the Europeans by abandoning any formal requirement " +"before a copyright is granted.<placeholder type=\"footnote\" id=\"0\"/> The " +"Europeans are said to view copyright as a \"natural right.\" Natural rights " +"don't need forms to exist. Traditions, like the Anglo-American tradition " +"that required copyright owners to follow form if their rights were to be " +"protected, did not, the Europeans thought, properly respect the dignity of " +"the author. My right as a creator turns on my creativity, not upon the " +"special favor of the government." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11852 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11952 msgid "" "That's great rhetoric. It sounds wonderfully romantic. But it is absurd " "copyright policy. It is absurd especially for authors, because a world " @@ -15187,20 +15659,21 @@ msgid "" "protected and what's not." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11860 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11960 msgid "" "The fight against formalities achieved its first real victory in Berlin in " "1908. International copyright lawyers amended the Berne Convention in 1908, " "to require copyright terms of life plus fifty years, as well as the " "abolition of copyright formalities. The formalities were hated because the " "stories of inadvertent loss were increasingly common. It was as if a Charles " -"Dickens character ran all copyright offices, and the failure to dot an i or " -"cross a t resulted in the loss of widows' only income." +"Dickens character ran all copyright offices, and the failure to dot an " +"<citetitle>i</citetitle> or cross a <citetitle>t</citetitle> resulted in the " +"loss of widows' only income." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11870 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11970 msgid "" "These complaints were real and sensible. And the strictness of the " "formalities, especially in the United States, was absurd. The law should " @@ -15210,8 +15683,8 @@ msgid "" "of registration." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11878 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11978 msgid "" "Even that would have been resisted, however, because registration in the " "nineteenth and twentieth centuries was still expensive. It was also a " @@ -15221,8 +15694,8 @@ msgid "" msgstr "" #. PAGE BREAK 258 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11886 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11986 msgid "" "In addition to the practical complaint of authors in 1908, there was a moral " "claim as well. There was no reason that creative property should be a " @@ -15233,8 +15706,8 @@ msgid "" "government of his ownership of the table." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11898 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:11998 msgid "" "This argument is correct, but its implications are misleading. For the " "argument in favor of formalities does not depend upon creative property " @@ -15244,8 +15717,8 @@ msgid "" "that it can be efficiently and fairly spread." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11907 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12007 msgid "" "No one thinks, for example, that land is second-class property just because " "you have to register a deed with a court if your sale of land is to be " @@ -15262,8 +15735,8 @@ msgid "" "burdens produce a much better system of protection for property generally." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11923 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12023 msgid "" "It is similarly special physics that makes formalities important in " "copyright law. Unlike a carpenter's table, there's nothing in nature that " @@ -15273,12 +15746,12 @@ msgid "" "owner. And like a car, there's no way to buy and sell creative property with " "confidence unless there is some simple way to authenticate who is the author " "and what rights he has. Simple transactions are destroyed in a world without " -"formalities. Complex, expensive, lawyer transactions take their place. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"formalities. Complex, expensive, <emphasis>lawyer</emphasis> transactions " +"take their place. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11938 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12038 msgid "" "This was the understanding of the problem with the Sonny Bono Act that we " "tried to demonstrate to the Court. This was the part it didn't \"get.\" " @@ -15289,19 +15762,20 @@ msgid "" "controlled. After fourteen years, it would be presumptively uncontrolled." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11948 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12048 msgid "" "But now that copyrights can be just about a century long, the inability to " "know what is protected and what is not protected becomes a huge and obvious " "burden on the creative process. If the only way a library can offer an " "Internet exhibit about the New Deal is to hire a lawyer to clear the rights " "to every image and sound, then the copyright system is burdening creativity " -"in a way that has never been seen before because there are no formalities." +"in a way that has never been seen before <emphasis>because there are no " +"formalities</emphasis>." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11957 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12057 msgid "" "The Eldred Act was designed to respond to exactly this problem. If it is " "worth $1 to you, then register your work and you can get the longer " @@ -15310,8 +15784,8 @@ msgid "" "extended copyright term." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11964 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12064 msgid "" "If it isn't worth it to you to register to get the benefit of an extended " "term, then it shouldn't be worth it for the government to defend your " @@ -15320,8 +15794,8 @@ msgid "" "on it. It should become free if it is not worth $1 to you." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11971 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12071 msgid "" "Some worry about the burden on authors. Won't the burden of registering the " "work mean that the $1 is really misleading? Isn't the hassle worth more than " @@ -15329,26 +15803,26 @@ msgid "" msgstr "" #. PAGE BREAK 260 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11977 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12077 msgid "" "It is. The hassle is terrible. The system that exists now is awful. I " "completely agree that the Copyright Office has done a terrible job (no doubt " "because they are terribly funded) in enabling simple and cheap " "registrations. Any real solution to the problem of formalities must address " -"the real problem of governments standing at the core of any system of " -"formalities. In this book, I offer such a solution. That solution " -"essentially remakes the Copyright Office. For now, assume it was Amazon that " -"ran the registration system. Assume it was one-click registration. The " -"Eldred Act would propose a simple, one-click registration fifty years after " -"a work was published. Based upon historical data, that system would move up " -"to 98 percent of commercial work, commercial work that no longer had a " -"commercial life, into the public domain within fifty years. What do you " -"think?" +"the real problem of <emphasis>governments</emphasis> standing at the core of " +"any system of formalities. In this book, I offer such a solution. That " +"solution essentially remakes the Copyright Office. For now, assume it was " +"Amazon that ran the registration system. Assume it was one-click " +"registration. The Eldred Act would propose a simple, one-click registration " +"fifty years after a work was published. Based upon historical data, that " +"system would move up to 98 percent of commercial work, commercial work that " +"no longer had a commercial life, into the public domain within fifty " +"years. What do you think?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:11995 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12095 msgid "" "When Steve Forbes endorsed the idea, some in Washington began to pay " "attention. Many people contacted me pointing to representatives who might be " @@ -15356,13 +15830,13 @@ msgid "" "that they might be willing to take the first step." msgstr "" -#. type: Content of: <book><chapter><sect1><para><indexterm><primary> -#: freeculture.xml:12008 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:12108 msgid "Lofgren, Zoe" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12001 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12101 msgid "" "One representative, Zoe Lofgren of California, went so far as to get the " "bill drafted. The draft solved any problem with international law. It " @@ -15373,8 +15847,8 @@ msgid "" "type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12011 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12111 msgid "" "But at this stage, the lobbyists began to intervene. Jack Valenti and the " "MPAA general counsel came to the congresswoman's office to give the view of " @@ -15385,8 +15859,8 @@ msgid "" msgstr "" #. PAGE BREAK 261 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12019 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12119 msgid "" "The MPAA argued first that Congress had \"firmly rejected the central " "concept in the proposed bill\"—that copyrights be renewed. That was " @@ -15407,8 +15881,8 @@ msgid "" "use." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12040 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12140 msgid "" "Finally, the MPAA argued that existing law enabled copyright owners to do " "this if they wanted. But the whole point is that there are thousands of " @@ -15418,8 +15892,8 @@ msgid "" "likely to." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12048 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12148 msgid "" "At the beginning of this book, I told two stories about the law reacting to " "changes in technology. In the one, common sense prevailed. In the other, " @@ -15430,8 +15904,8 @@ msgid "" "protect themselves against this new competitive threat." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12058 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12158 msgid "" "I used these two cases as a way to frame the war that this book has been " "about. For here, too, a new technology is forcing the law to react. And " @@ -15440,8 +15914,8 @@ msgid "" msgstr "" #. PAGE BREAK 262 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12067 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12167 msgid "" "When the issue is piracy, it is right for the law to back the copyright " "owners. The commercial piracy that I described is wrong and harmful, and the " @@ -15454,8 +15928,13 @@ msgid "" "resistance." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12078 +#. type: Content of: <book><part><chapter><para><indexterm><primary> +#: freeculture.xml:12186 +msgid "Kelly, Kevin" +msgstr "" + +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12178 msgid "" "But when the copyright owners oppose a proposal such as the Eldred Act, " "then, finally, there is an example that lays bare the naked selfinterest " @@ -15464,39 +15943,40 @@ msgid "" "to exercise continued control over his content. It would simply liberate " "what Kevin Kelly calls the \"Dark Content\" that fills archives around the " "world. So when the warriors oppose a change like this, we should ask one " -"simple question:" +"simple question: <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12088 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12189 msgid "What does this industry really want?" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12091 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12192 msgid "" "With very little effort, the warriors could protect their content. So the " "effort to block something like the Eldred Act is not really about protecting " -"their content. The effort to block the Eldred Act is an effort to assure " -"that nothing more passes into the public domain. It is another step to " -"assure that the public domain will never compete, that there will be no use " -"of content that is not commercially controlled, and that there will be no " -"commercial use of content that doesn't require their permission first." +"<emphasis>their</emphasis> content. The effort to block the Eldred Act is an " +"effort to assure that nothing more passes into the public domain. It is " +"another step to assure that the public domain will never compete, that there " +"will be no use of content that is not commercially controlled, and that " +"there will be no commercial use of content that doesn't require " +"<emphasis>their</emphasis> permission first." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12101 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12203 msgid "" "The opposition to the Eldred Act reveals how extreme the other side is. The " "most powerful and sexy and well loved of lobbies really has as its aim not " "the protection of \"property\" but the rejection of a tradition. Their aim " -"is not simply to protect what is theirs. Their aim is to assure that all " -"there is is what is theirs." +"is not simply to protect what is theirs. <emphasis>Their aim is to assure " +"that all there is is what is theirs</emphasis>." msgstr "" #. PAGE BREAK 263 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12108 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12211 msgid "" "It is not hard to understand why the warriors take this view. It is not hard " "to see why it would benefit them if the competition of the public domain " @@ -15506,8 +15986,8 @@ msgid "" "creation." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12120 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12223 msgid "" "What is hard to understand is why the public takes this view. It is as if " "the law made airplanes trespassers. The MPAA stands with the Causbys and " @@ -15516,8 +15996,8 @@ msgid "" "others." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12127 +#. type: Content of: <book><part><chapter><para> +#: freeculture.xml:12230 msgid "" "All this seems to follow easily from this untroubled acceptance of the " "\"property\" in intellectual property. Common sense supports it, and so long " @@ -15529,12 +16009,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:12139 +#: freeculture.xml:12242 msgid "CONCLUSION" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12141 +#: freeculture.xml:12244 msgid "" "There are more than 35 million people with the AIDS virus " "worldwide. Twenty-five million of them live in sub-Saharan Africa. " @@ -15544,7 +16024,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12148 +#: freeculture.xml:12251 msgid "" "There is no cure for AIDS, but there are drugs to slow its progression. " "These antiretroviral therapies are still experimental, but they have already " @@ -15555,7 +16035,7 @@ msgstr "" #. f1. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12163 +#: freeculture.xml:12266 msgid "" "Commission on Intellectual Property Rights, \"Final Report: Integrating " "Intellectual Property Rights and Development Policy\" (London, 2002), " @@ -15566,7 +16046,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12156 +#: freeculture.xml:12259 msgid "" "These drugs are expensive. When they were first introduced in the United " "States, they cost between $10,000 and $15,000 per person per year. Today, " @@ -15579,7 +16059,7 @@ msgstr "" #. PAGE BREAK 265 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12174 +#: freeculture.xml:12277 msgid "" "These prices are not high because the ingredients of the drugs are " "expensive. These prices are high because the drugs are protected by " @@ -15590,7 +16070,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12182 +#: freeculture.xml:12285 msgid "" "There are many who are skeptical of patents, especially drug patents. I am " "not. Indeed, of all the areas of research that might be supported by " @@ -15603,7 +16083,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12193 +#: freeculture.xml:12296 msgid "" "But it is one thing to support patents, even drug patents. It is another " "thing to determine how best to deal with a crisis. And as African leaders " @@ -15613,20 +16093,21 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:12211 freeculture.xml:12642 +#: freeculture.xml:12314 freeculture.xml:12749 msgid "Braithwaite, John" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12209 +#: freeculture.xml:12312 msgid "" -"See Peter Drahos with John Braithwaite, Information Feudalism: Who Owns the " -"Knowledge Economy? (New York: The New Press, 2003), 37. <placeholder " -"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" +"See Peter Drahos with John Braithwaite, <citetitle>Information Feudalism: " +"Who Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), " +"37. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder " +"type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12200 +#: freeculture.xml:12303 msgid "" "In 1997, South Africa tried one tack. It passed a law to allow the " "importation of patented medicines that had been produced or sold in another " @@ -15639,35 +16120,36 @@ msgstr "" #. f3. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12221 +#: freeculture.xml:12325 msgid "" -"International Intellectual Property Institute (IIPI), Patent Protection and " -"Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a Report Prepared " -"for the World Intellectual Property Organization (Washington, D.C., 2000), " -"14, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#56</ulink>. For a firsthand account of the struggle over South Africa, see " -"Hearing Before the Subcommittee on Criminal Justice, Drug Policy, and Human " -"Resources, House Committee on Government Reform, H. Rep., 1st sess., " -"Ser. No. 106-126 (22 July 1999), 150–57 (statement of James Love)." +"International Intellectual Property Institute (IIPI), <citetitle>Patent " +"Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a " +"Report Prepared for the World Intellectual Property Organization</citetitle> " +"(Washington, D.C., 2000), 14, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #56</ulink>. For a firsthand " +"account of the struggle over South Africa, see Hearing Before the " +"Subcommittee on Criminal Justice, Drug Policy, and Human Resources, House " +"Committee on Government Reform, H. Rep., 1st sess., Ser. No. 106-126 (22 " +"July 1999), 150–57 (statement of James Love)." msgstr "" #. f4. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12253 +#: freeculture.xml:12352 msgid "" -"International Intellectual Property Institute (IIPI), Patent Protection and " -"Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a Report Prepared " -"for the World Intellectual Property Organization (Washington, D.C., 2000), " -"15." +"International Intellectual Property Institute (IIPI), <citetitle>Patent " +"Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a " +"Report Prepared for the World Intellectual Property Organization</citetitle> " +"(Washington, D.C., 2000), 15." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12216 +#: freeculture.xml:12319 msgid "" "However, the United States government opposed the bill. Indeed, more than " "opposed. As the International Intellectual Property Association " -"characterized it, \"The U.S. government pressured South Africa . . . not to " -"permit compulsory licensing or parallel imports.\"<placeholder " +"characterized it, \"The U.S. government pressured South Africa … not " +"to permit compulsory licensing or parallel imports.\"<placeholder " "type=\"footnote\" id=\"0\"/> Through the Office of the United States Trade " "Representative, the government asked South Africa to change the " "law—and to add pressure to that request, in 1998, the USTR listed " @@ -15685,7 +16167,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12259 +#: freeculture.xml:12358 msgid "" "We should place the intervention by the United States in context. No doubt " "patents are not the most important reason that Africans don't have access to " @@ -15697,7 +16179,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12269 +#: freeculture.xml:12368 msgid "" "By stopping the flow of HIV treatment into Africa, the United States " "government was not saving drugs for United States citizens. This is not " @@ -15708,7 +16190,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12277 +#: freeculture.xml:12376 msgid "" "Nor was the intervention by the United States going to protect the profits " "of United States drug companies—at least, not substantially. It was " @@ -15722,24 +16204,25 @@ msgstr "" #. f5. #. PAGE BREAK 333 #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12292 +#: freeculture.xml:12391 msgid "" "See Sabin Russell, \"New Crusade to Lower AIDS Drug Costs: Africa's Needs at " -"Odds with Firms' Profit Motive,\" San Francisco Chronicle, 24 May 1999, A1, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link #57</ulink> " -"(\"compulsory licenses and gray markets pose a threat to the entire system " -"of intellectual property protection\"); Robert Weissman, \"AIDS and " -"Developing Countries: Democratizing Access to Essential Medicines,\" Foreign " -"Policy in Focus 4:23 (August 1999), available at <ulink " +"Odds with Firms' Profit Motive,\" <citetitle>San Francisco " +"Chronicle</citetitle>, 24 May 1999, A1, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #57</ulink> (\"compulsory " +"licenses and gray markets pose a threat to the entire system of intellectual " +"property protection\"); Robert Weissman, \"AIDS and Developing Countries: " +"Democratizing Access to Essential Medicines,\" <citetitle>Foreign Policy in " +"Focus</citetitle> 4:23 (August 1999), available at <ulink " "url=\"http://free-culture.cc/notes/\">link #58</ulink> (describing " "U.S. policy); John A. Harrelson, \"TRIPS, Pharmaceutical Patents, and the " "HIV/AIDS Crisis: Finding the Proper Balance Between Intellectual Property " -"Rights and Compassion, a Synopsis,\" Widener Law Symposium Journal (Spring " -"2001): 175." +"Rights and Compassion, a Synopsis,\" <citetitle>Widener Law Symposium " +"Journal</citetitle> (Spring 2001): 175." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12286 +#: freeculture.xml:12385 msgid "" "Instead, the argument in favor of restricting this flow of information, " "which was needed to save the lives of millions, was an argument about the " @@ -15751,7 +16234,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12313 +#: freeculture.xml:12412 msgid "" "Now just step back for a moment. There will be a time thirty years from now " "when our children look back at us and ask, how could we have let this " @@ -15764,7 +16247,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12323 +#: freeculture.xml:12422 msgid "" "Some blame the drug companies. I don't. They are corporations. Their " "managers are ordered by law to make money for the corporation. They push a " @@ -15775,7 +16258,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12331 +#: freeculture.xml:12430 msgid "" "The corruption is our own politicians' failure of integrity. For the drug " "companies would love—they say, and I believe them—to sell their " @@ -15787,7 +16270,7 @@ msgstr "" #. PAGE BREAK 268 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12339 +#: freeculture.xml:12438 msgid "" "A different problem, however, could not be overcome. This is the fear of the " "grandstanding politician who would call the presidents of the drug companies " @@ -15803,7 +16286,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12354 +#: freeculture.xml:12453 msgid "" "So when the common sense of your child confronts you, what will you say? " "When the common sense of a generation finally revolts against what we have " @@ -15811,7 +16294,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12360 +#: freeculture.xml:12459 msgid "" "A sensible patent policy could endorse and strongly support the patent " "system without having to reach everyone everywhere in exactly the same " @@ -15826,7 +16309,7 @@ msgstr "" #. PAGE BREAK 269 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12372 +#: freeculture.xml:12471 msgid "" "But we as a culture have lost this sense of balance. We have lost the " "critical eye that helps us see the difference between truth and extremism. " @@ -15846,7 +16329,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12392 +#: freeculture.xml:12491 msgid "" "So far, common sense sleeps. There is no revolt. Common sense does not yet " "see what there could be to revolt about. The extremism that now dominates " @@ -15864,25 +16347,36 @@ msgstr "" #. f6. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12409 +#: freeculture.xml:12508 msgid "" -"Jonathan Krim, \"The Quiet War over Open-Source,\" Washington Post, August " -"2003, E1, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#59</ulink>; William New, \"Global Group's Shift on `Open Source' Meeting " -"Spurs Stir,\" National Journal's Technology Daily, 19 August 2003, available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #60</ulink>; William " -"New, \"U.S. Official Opposes `Open Source' Talks at WIPO,\" National " -"Journal's Technology Daily, 19 August 2003, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #61</ulink>." +"Jonathan Krim, \"The Quiet War over Open-Source,\" <citetitle>Washington " +"Post</citetitle>, August 2003, E1, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #59</ulink>; William New, " +"\"Global Group's Shift on `Open Source' Meeting Spurs Stir,\" " +"<citetitle>National Journal's Technology Daily</citetitle>, 19 August 2003, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #60</ulink>; " +"William New, \"U.S. Official Opposes `Open Source' Talks at WIPO,\" " +"<citetitle>National Journal's Technology Daily</citetitle>, 19 August 2003, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #61</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:12437 freeculture.xml:13157 +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:12536 freeculture.xml:13209 +msgid "academic journals" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:12537 freeculture.xml:12627 freeculture.xml:13135 +msgid "IBM" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:12538 freeculture.xml:13273 msgid "PLoS (Public Library of Science)" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12406 +#: freeculture.xml:12505 msgid "" "In August 2003, a fight broke out in the United States about a decision by " "the World Intellectual Property Organization to cancel a " @@ -15902,11 +16396,13 @@ msgid "" "Bristol-Myers Squibb, Hoffmann-La Roche, Glaxo-SmithKline, IBM, Motorola, " "Novartis, Pfizer, and Searle.) It included the Global Positioning System, " "which Ronald Reagan set free in the early 1980s. And it included \"open " -"source and free software.\" <placeholder type=\"indexterm\" id=\"1\"/>" +"source and free software.\" <placeholder type=\"indexterm\" id=\"1\"/> " +"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" " +"id=\"3\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12440 +#: freeculture.xml:12541 msgid "" "The aim of the meeting was to consider this wide range of projects from one " "common perspective: that none of these projects relied upon intellectual " @@ -15917,14 +16413,14 @@ msgstr "" #. f7. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12448 +#: freeculture.xml:12549 msgid "" "I should disclose that I was one of the people who asked WIPO for the " "meeting." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12447 +#: freeculture.xml:12548 msgid "" "From the perspective of this book, then, the conference was " "ideal.<placeholder type=\"footnote\" id=\"0\"/> The projects within its " @@ -15936,7 +16432,7 @@ msgstr "" #. PAGE BREAK 271 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12458 +#: freeculture.xml:12559 msgid "" "Indeed, I was once publicly scolded for not recognizing this fact about " "WIPO. In February 2003, I delivered a keynote address to a preparatory " @@ -15960,7 +16456,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12482 +#: freeculture.xml:12583 msgid "" "So whether or not WSIS can discuss balance in intellectual property, I had " "thought it was taken for granted that WIPO could and should. And thus the " @@ -15969,7 +16465,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12488 +#: freeculture.xml:12589 msgid "" "But there is one project within that list that is highly controversial, at " "least among lobbyists. That project is \"open source and free software.\" " @@ -15984,7 +16480,7 @@ msgstr "" #. f8. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12510 +#: freeculture.xml:12611 msgid "" "Microsoft's position about free and open source software is more " "sophisticated. As it has repeatedly asserted, it has no problem with \"open " @@ -15992,18 +16488,24 @@ msgid "" "opposition is to \"free software\" licensed under a \"copyleft\" license, " "meaning a license that requires the licensee to adopt the same terms on any " "derivative work. See Bradford L. Smith, \"The Future of Software: Enabling " -"the Marketplace to Decide,\" Government Policy Toward Open Source Software " -"(Washington, D.C.: AEI-Brookings Joint Center for Regulatory Studies, " -"American Enterprise Institute for Public Policy Research, 2002), 69, " -"available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#62</ulink>. See also Craig Mundie, Microsoft senior vice president, The " -"Commercial Software Model, discussion at New York University Stern School of " +"the Marketplace to Decide,\" <citetitle>Government Policy Toward Open Source " +"Software</citetitle> (Washington, D.C.: AEI-Brookings Joint Center for " +"Regulatory Studies, American Enterprise Institute for Public Policy " +"Research, 2002), 69, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #62</ulink>. See also Craig " +"Mundie, Microsoft senior vice president, <citetitle>The Commercial Software " +"Model</citetitle>, discussion at New York University Stern School of " "Business (3 May 2001), available at <ulink " "url=\"http://free-culture.cc/notes/\">link #63</ulink>." msgstr "" +#. type: Content of: <book><chapter><para><indexterm><primary> +#: freeculture.xml:12628 +msgid "\"copyleft\" licenses" +msgstr "" + #. type: Content of: <book><chapter><para> -#: freeculture.xml:12499 +#: freeculture.xml:12600 msgid "" "I don't mean to enter that debate here. It is important only to make clear " "that the distinction is not between commercial and noncommercial " @@ -16014,12 +16516,14 @@ msgid "" "entity. Thus, to support \"open source and free software\" is not to oppose " "commercial entities. It is, instead, to support a mode of software " "development that is different from Microsoft's.<placeholder " -"type=\"footnote\" id=\"0\"/>" +"type=\"footnote\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> " +"<placeholder type=\"indexterm\" id=\"2\"/> <placeholder type=\"indexterm\" " +"id=\"3\"/> <placeholder type=\"indexterm\" id=\"4\"/>" msgstr "" #. PAGE BREAK 272 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12528 +#: freeculture.xml:12633 msgid "" "More important for our purposes, to support \"open source and free " "software\" is not to oppose copyright. \"Open source and free software\" is " @@ -16038,27 +16542,32 @@ msgstr "" #. f9. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12554 +#: freeculture.xml:12659 msgid "" "Krim, \"The Quiet War over Open-Source,\" available at <ulink " "url=\"http://free-culture.cc/notes/\">link #64</ulink>." msgstr "" +#. type: Content of: <book><chapter><para><indexterm><primary> +#: freeculture.xml:12663 +msgid "Krim, Jonathan" +msgstr "" + #. type: Content of: <book><chapter><para> -#: freeculture.xml:12546 +#: freeculture.xml:12651 msgid "" "It is therefore understandable that as a proprietary software developer, " "Microsoft would oppose this WIPO meeting, and understandable that it would " "use its lobbyists to get the United States government to oppose it, as " "well. And indeed, that is just what was reported to have happened. According " -"to Jonathan Krim of the Washington Post, Microsoft's lobbyists succeeded in " -"getting the United States government to veto the meeting.<placeholder " -"type=\"footnote\" id=\"0\"/> And without U.S. backing, the meeting was " -"canceled." +"to Jonathan Krim of the <citetitle>Washington Post</citetitle>, Microsoft's " +"lobbyists succeeded in getting the United States government to veto the " +"meeting.<placeholder type=\"footnote\" id=\"0\"/> And without U.S. backing, " +"the meeting was canceled. <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12560 +#: freeculture.xml:12666 msgid "" "I don't blame Microsoft for doing what it can to advance its own interests, " "consistent with the law. And lobbying governments is plainly consistent with " @@ -16068,7 +16577,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12568 +#: freeculture.xml:12674 msgid "" "What was surprising was the United States government's reason for opposing " "the meeting. Again, as reported by Krim, Lois Boland, acting director of " @@ -16080,12 +16589,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12578 +#: freeculture.xml:12684 msgid "These statements are astonishing on a number of levels." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12582 +#: freeculture.xml:12688 msgid "" "First, they are just flat wrong. As I described, most open source and free " "software relies fundamentally upon the intellectual property right called " @@ -16098,7 +16607,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12592 +#: freeculture.xml:12698 msgid "" "Second, who ever said that WIPO's exclusive aim was to \"promote\" " "intellectual property maximally? As I had been scolded at the preparatory " @@ -16113,23 +16622,24 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12605 +#: freeculture.xml:12711 msgid "" "Third, even if one believed that the purpose of WIPO was to maximize " "intellectual property rights, in our tradition, intellectual property rights " "are held by individuals and corporations. They get to decide what to do with " -"those rights because, again, they are their rights. If they want to " -"\"waive\" or \"disclaim\" their rights, that is, within our tradition, " -"totally appropriate. When Bill Gates gives away more than $20 billion to do " -"good in the world, that is not inconsistent with the objectives of the " -"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. <placeholder type=\"indexterm\" id=\"0\"/>" +"those rights because, again, they are <emphasis>their</emphasis> rights. If " +"they want to \"waive\" or \"disclaim\" their rights, that is, within our " +"tradition, totally appropriate. When Bill Gates gives away more than $20 " +"billion to do good in the world, that is not inconsistent with the " +"objectives of the 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 <emphasis>their</emphasis> property. <placeholder " +"type=\"indexterm\" id=\"0\"/>" msgstr "" #. PAGE BREAK 274 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12618 +#: freeculture.xml:12725 msgid "" "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 saying that " @@ -16142,7 +16652,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12630 +#: freeculture.xml:12737 msgid "" "There is a history of just such a property system that is well known in the " "Anglo-American tradition. It is called \"feudalism.\" Under feudalism, not " @@ -16156,24 +16666,25 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12647 +#: freeculture.xml:12754 msgid "" -"See Drahos with Braithwaite, Information Feudalism, 210–20. " -"<placeholder type=\"indexterm\" id=\"0\"/>" +"See Drahos with Braithwaite, <citetitle>Information Feudalism</citetitle>, " +"210–20. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12644 +#: freeculture.xml:12751 msgid "" "As Peter Drahos and John Braithwaite relate, this is precisely the choice we " "are now making about intellectual property.<placeholder type=\"footnote\" " "id=\"0\"/> We will have an information society. That much is certain. Our " -"only choice now is whether that information society will be free or " -"feudal. The trend is toward the feudal." +"only choice now is whether that information society will be " +"<emphasis>free</emphasis> or <emphasis>feudal</emphasis>. The trend is " +"toward the feudal." msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12655 +#: freeculture.xml:12763 msgid "" "When this battle broke, I blogged it. A spirited debate within the comment " "section ensued. Ms. Boland had a number of supporters who tried to show why " @@ -16183,7 +16694,7 @@ msgstr "" #. PAGE BREAK 275 #. type: Content of: <book><chapter><blockquote><para> -#: freeculture.xml:12662 +#: freeculture.xml:12770 msgid "" "George, you misunderstand Lessig: He's only talking about the world as it " "should be (\"the goal of WIPO, and the goal of any government, should be to " @@ -16196,7 +16707,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12674 +#: freeculture.xml:12782 msgid "" "I missed the irony the first time I read it. I read it quickly and thought " "the poster was supporting the idea that seeking balance was what our " @@ -16209,7 +16720,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12684 +#: freeculture.xml:12792 msgid "" "Obviously, however, the poster was not supporting that idea. Instead, the " "poster was ridiculing the very idea that in the real world, the \"goal\" of " @@ -16220,7 +16731,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12692 +#: freeculture.xml:12800 msgid "" "I understand criticism of academic utopianism. I think utopianism is silly, " "too, and I'd be the first to poke fun at the absurdly unrealistic ideals of " @@ -16228,7 +16739,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12698 +#: freeculture.xml:12806 msgid "" "But when it has become silly to suppose that the role of our government " "should be to \"seek balance,\" then count me with the silly, for that means " @@ -16242,7 +16753,7 @@ msgstr "" #. PAGE BREAK 276 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12709 +#: freeculture.xml:12817 msgid "" "It might be crazy to expect a high government official to speak the " "truth. It might be crazy to believe that government policy will be something " @@ -16252,12 +16763,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para><indexterm><primary> -#: freeculture.xml:12728 +#: freeculture.xml:12836 msgid "Turner, Ted" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12718 +#: freeculture.xml:12826 msgid "" "If this is crazy, then let there be more crazies. Soon. There are moments " "of hope in this struggle. And moments that surprise. When the FCC was " @@ -16272,7 +16783,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12732 +#: freeculture.xml:12840 msgid "" "This activism did not stop the FCC, but soon after, a broad coalition in the " "Senate voted to reverse the FCC decision. The hostile hearings leading up to " @@ -16282,7 +16793,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12740 +#: freeculture.xml:12848 msgid "" "But even this movement misses an important piece of the puzzle. Largeness " "as such is not bad. Freedom is not threatened just because some become very " @@ -16292,7 +16803,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12747 +#: freeculture.xml:12855 msgid "" "The danger in media concentration comes not from the concentration, but " "instead from the feudalism that this concentration, tied to the change in " @@ -16304,7 +16815,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12757 +#: freeculture.xml:12865 msgid "" "It is therefore significant that so many would rally to demand competition " "and increased diversity. Still, if the rally is understood as being about " @@ -16314,7 +16825,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12764 +#: freeculture.xml:12872 msgid "" "It would be something new, and something very important, if an equal number " "could be rallied to fight the increasing extremism built within the idea of " @@ -16325,20 +16836,20 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12772 +#: freeculture.xml:12880 msgid "" "If we were Achilles, this would be our heel. This would be the place of our " "tragedy." msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:12775 +#: freeculture.xml:12883 msgid "Dylan, Bob" msgstr "" #. f11. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12780 +#: freeculture.xml:12888 msgid "" "John Borland, \"RIAA Sues 261 File Swappers,\" CNET News.com, September " "2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " @@ -16346,27 +16857,28 @@ msgid "" "8 September 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #66</ulink>; Soni Sangha and " "Phyllis Furman with Robert Gearty, \"Sued for a Song, N.Y.C. 12-Yr-Old Among " -"261 Cited as Sharers,\" New York Daily News, 9 September 2003, 3; 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; Katie Dean, \"Schoolgirl Settles with RIAA,\" Wired News, 10 " +"261 Cited as Sharers,\" <citetitle>New York Daily News</citetitle>, 9 " +"September 2003, 3; Frank Ahrens, \"RIAA's Lawsuits Meet Surprised Targets; " +"Single Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,\" " +"<citetitle>Washington Post</citetitle>, 10 September 2003, E1; Katie Dean, " +"\"Schoolgirl Settles with RIAA,\" <citetitle>Wired News</citetitle>, 10 " "September 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #67</ulink>." msgstr "" #. f12. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12798 +#: freeculture.xml:12906 msgid "" -"Jon Wiederhorn, \"Eminem Gets Sued . . . by a Little Old Lady,\" mtv.com, 17 " -"September 2003, available at <ulink " +"Jon Wiederhorn, \"Eminem Gets Sued … by a Little Old Lady,\" mtv.com, " +"17 September 2003, available at <ulink " "url=\"http://free-culture.cc/notes/\">link #68</ulink>." msgstr "" #. f13. #. PAGE BREAK 334 #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12805 +#: freeculture.xml:12913 msgid "" "Kenji Hall, Associated Press, \"Japanese Book May Be Inspiration for Dylan " "Songs,\" Kansascity.com, 9 July 2003, available at <ulink " @@ -16374,7 +16886,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12777 +#: freeculture.xml:12885 msgid "" "As I write these final words, the news is filled with stories about the RIAA " "lawsuits against almost three hundred individuals.<placeholder " @@ -16392,19 +16904,19 @@ msgid "" "for kids who use a computer to share content." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:12822 freeculture.xml:13173 +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:12930 freeculture.xml:13290 msgid "Creative Commons" msgstr "" #. type: Content of: <book><chapter><indexterm><primary> -#: freeculture.xml:12823 +#: freeculture.xml:12931 msgid "Gil, Gilberto" msgstr "" #. f14. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12828 +#: freeculture.xml:12936 msgid "" "\"BBC Plans to Open Up Its Archive to the Public,\" BBC press release, 24 " "August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " @@ -16413,7 +16925,7 @@ msgstr "" #. f15. #. type: Content of: <book><chapter><para><footnote><para> -#: freeculture.xml:12837 +#: freeculture.xml:12945 msgid "" "\"Creative Commons and Brazil,\" Creative Commons Weblog, 6 August 2003, " "available at <ulink url=\"http://free-culture.cc/notes/\">link #71</ulink>." @@ -16421,7 +16933,7 @@ msgstr "" #. PAGE BREAK 278 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12825 +#: freeculture.xml:12933 msgid "" "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 download " @@ -16440,20 +16952,20 @@ msgstr "" #. PAGE BREAK 279 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12851 +#: freeculture.xml:12959 msgid "" "Common sense must revolt. It must act to free culture. Soon, if this " "potential is ever to be realized." msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:12859 +#: freeculture.xml:12967 msgid "AFTERWORD" msgstr "" #. PAGE BREAK 280 #. type: Content of: <book><chapter><para> -#: freeculture.xml:12863 +#: freeculture.xml:12971 msgid "" "At least some who have read this far will agree with me that something must " "be done to change where we are heading. The balance of this book maps what " @@ -16461,7 +16973,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12868 +#: freeculture.xml:12976 msgid "" "I divide this map into two parts: that which anyone can do now, and that " "which requires the help of lawmakers. If there is one lesson that we can " @@ -16470,7 +16982,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12874 +#: freeculture.xml:12982 msgid "" "That means this movement must begin in the streets. It must recruit a " "significant number of parents, teachers, librarians, creators, authors, " @@ -16479,7 +16991,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:12881 +#: freeculture.xml:12989 msgid "" "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 think " @@ -16488,13 +17000,13 @@ msgid "" "Congress could make to better secure a free culture." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:12890 +#. type: Content of: <book><chapter><section><title> +#: freeculture.xml:12998 msgid "US, NOW" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12892 +#. type: Content of: <book><chapter><section><para> +#: freeculture.xml:13000 msgid "" "Common sense is with the copyright warriors because the debate so far has " "been framed at the extremes—as a grand either/or: either property or " @@ -16502,8 +17014,8 @@ msgid "" "the choice, then the warriors should win." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12898 +#. type: Content of: <book><chapter><section><para> +#: freeculture.xml:13006 msgid "" "The mistake here is the error of the excluded middle. There are extremes in " "this debate, but the extremes are not all that there is. There are those who " @@ -16516,8 +17028,8 @@ msgid "" msgstr "" #. PAGE BREAK 282 -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12908 +#. type: Content of: <book><chapter><section><para> +#: freeculture.xml:13016 msgid "" "When the Internet was first born, its initial architecture effectively " "tilted in the \"no rights reserved\" direction. Content could be copied " @@ -16527,8 +17039,8 @@ msgid "" "\"taken\" regardless of the rights. Any rights were effectively unprotected." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12920 +#. type: Content of: <book><chapter><section><para> +#: freeculture.xml:13028 msgid "" "This initial character produced a reaction (opposite, but not quite equal) " "by copyright owners. That reaction has been the topic of this book. Through " @@ -16543,8 +17055,8 @@ msgid "" "paste\" world that is a creator's nightmare." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:12934 +#. type: Content of: <book><chapter><section><para> +#: freeculture.xml:13042 msgid "" "What's needed is a way to say something in the middle—neither \"all " "rights reserved\" nor \"no rights reserved\" but \"some rights " @@ -16553,13 +17065,13 @@ msgid "" "set of freedoms that we could just take for granted before." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:12943 +#. type: Content of: <book><chapter><section><section><title> +#: freeculture.xml:13051 msgid "Rebuilding Freedoms Previously Presumed: Examples" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:12945 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13053 msgid "" "If you step back from the battle I've been describing here, you will " "recognize this problem from other contexts. Think about privacy. Before the " @@ -16570,35 +17082,41 @@ msgid "" "of your browsing habits was assured." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:12955 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13063 msgid "What made it assured?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:12959 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13067 msgid "" -"Well, if we think in terms of the modalities I described in chapter 10, your " -"privacy was assured because of an inefficient architecture for gathering " -"data and hence a market constraint (cost) on anyone who wanted to gather " -"that data. If you were a suspected spy for North Korea, working for the CIA, " -"no doubt your privacy would not be assured. But that's because the CIA " -"would (we hope) find it valuable enough to spend the thousands required to " -"track you. But for most of us (again, we can hope), spying doesn't pay. The " -"highly inefficient architecture of real space means we all enjoy a fairly " -"robust amount of privacy. That privacy is guaranteed to us by friction. Not " -"by law (there is no law protecting \"privacy\" in public places), and in " -"many places, not by norms (snooping and gossip are just fun), but instead, " -"by the costs that friction imposes on anyone who would want to spy." -msgstr "" - -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:12973 +"Well, if we think in terms of the modalities I described in chapter <xref " +"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>, your privacy was " +"assured because of an inefficient architecture for gathering data and hence " +"a market constraint (cost) on anyone who wanted to gather that data. If you " +"were a suspected spy for North Korea, working for the CIA, no doubt your " +"privacy would not be assured. But that's because the CIA would (we hope) " +"find it valuable enough to spend the thousands required to track you. But " +"for most of us (again, we can hope), spying doesn't pay. The highly " +"inefficient architecture of real space means we all enjoy a fairly robust " +"amount of privacy. That privacy is guaranteed to us by friction. Not by law " +"(there is no law protecting \"privacy\" in public places), and in many " +"places, not by norms (snooping and gossip are just fun), but instead, by the " +"costs that friction imposes on anyone who would want to spy." +msgstr "" + +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:13082 msgid "Amazon" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:12975 +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:13092 +msgid "cookies, Internet" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13084 msgid "" "Enter the Internet, where the cost of tracking browsing in particular has " "become quite tiny. If you're a customer at Amazon, then as you browse the " @@ -16607,11 +17125,11 @@ msgid "" "pages. Now, because of the architecture of the Net and the function of " "cookies on the Net, it is easier to collect the data than not. The friction " "has disappeared, and hence any \"privacy\" protected by the friction " -"disappears, too." +"disappears, too. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:12985 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13095 msgid "" "Amazon, of course, is not the problem. But we might begin to worry about " "libraries. If you're one of those crazy lefties who thinks that people " @@ -16623,21 +17141,22 @@ msgid "" msgstr "" #. f1. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:13001 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:13111 msgid "" "See, for example, Marc Rotenberg, \"Fair Information Practices and the " -"Architecture of Privacy (What Larry Doesn't Get),\" Stanford Technology Law " -"Review 1 (2001): par. 6–18, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #72</ulink> (describing examples " -"in which technology defines privacy policy). See also Jeffrey Rosen, The " -"Naked Crowd: Reclaiming Security and Freedom in an Anxious Age (New York: " -"Random House, 2004) (mapping tradeoffs between technology and privacy)." +"Architecture of Privacy (What Larry Doesn't Get),\" <citetitle>Stanford " +"Technology Law Review</citetitle> 1 (2001): par. 6–18, available at " +"<ulink url=\"http://free-culture.cc/notes/\">link #72</ulink> (describing " +"examples in which technology defines privacy policy). See also Jeffrey " +"Rosen, <citetitle>The Naked Crowd: Reclaiming Security and Freedom in an " +"Anxious Age</citetitle> (New York: Random House, 2004) (mapping tradeoffs " +"between technology and privacy)." msgstr "" #. PAGE BREAK 284 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:12995 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13105 msgid "" "It is this reality that explains the push of many to define \"privacy\" on " "the Internet. It is the recognition that technology can remove what friction " @@ -16649,24 +17168,25 @@ msgid "" "affirmatively act where, before, privacy was given by default." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13019 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13129 msgid "" "A similar story could be told about the birth of the free software " "movement. When computers with software were first made available " "commercially, the software—both the source code and the " "binaries— was free. You couldn't run a program written for a Data " "General machine on an IBM machine, so Data General and IBM didn't care much " -"about controlling their software." +"about controlling their software. <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><indexterm><primary> -#: freeculture.xml:13026 +#. type: Content of: <book><chapter><section><section><indexterm><primary> +#: freeculture.xml:13137 msgid "Stallman, Richard" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13028 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13139 msgid "" "That was the world Richard Stallman was born into, and while he was a " "researcher at MIT, he grew to love the community that developed when one was " @@ -16675,8 +17195,8 @@ msgid "" "the freedom to add to or modify other people's work." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13036 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13147 msgid "" "In an academic setting, at least, that's not a terribly radical idea. In a " "math department, anyone would be free to tinker with a proof that someone " @@ -16689,8 +17209,8 @@ msgid "" "else?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13048 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13159 msgid "" "No one answered that question. Instead, the architecture of revenue for " "computing changed. As it became possible to import programs from one system " @@ -16702,8 +17222,8 @@ msgid "" msgstr "" #. PAGE BREAK 285 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13057 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13168 msgid "" "Thus, the practice of proprietary code began to spread, and by the early " "1980s, Stallman found himself surrounded by proprietary code. The world of " @@ -16712,17 +17232,18 @@ msgid "" "share software would be fundamentally weakened." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13066 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13177 msgid "" "Therefore, in 1984, Stallman began a project to build a free operating " "system, so that at least a strain of free software would survive. That was " "the birth of the GNU project, into which Linus Torvalds's \"Linux\" kernel " -"was added to produce the GNU/Linux operating system." +"was added to produce the GNU/Linux operating system. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13072 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13185 msgid "" "Stallman's technique was to use copyright law to build a world of software " "that must be kept free. Software licensed under the Free Software " @@ -16734,8 +17255,8 @@ msgid "" "innovative creative code was a byproduct." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13083 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13196 msgid "" "Stallman was thus doing for software what privacy advocates now do for " "privacy. He was seeking a way to rebuild a kind of freedom that was taken " @@ -16745,8 +17266,8 @@ msgid "" "passively guaranteed." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13091 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13204 msgid "" "Finally, consider a very recent example that more directly resonates with " "the story of this book. This is the shift in the way academic and scientific " @@ -16754,8 +17275,8 @@ msgid "" msgstr "" #. PAGE BREAK 286 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13096 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13212 msgid "" "As digital technologies develop, it is becoming obvious to many that " "printing thousands of copies of journals every month and sending them to " @@ -16771,8 +17292,8 @@ msgid "" "opinion through their respective services." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13112 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13228 msgid "" "There's nothing wrong in general with this, and indeed, the ability to " "charge for access to even public domain materials is a good incentive for " @@ -16783,16 +17304,16 @@ msgid "" "the public domain." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13121 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13237 msgid "" "But what if the only way to get access to social and scientific data was " "through proprietary services? What if no one had the ability to browse this " "data except by paying for a subscription?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13126 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13242 msgid "" "As many are beginning to notice, this is increasingly the reality with " "scientific journals. When these journals were distributed in paper form, " @@ -16806,8 +17327,8 @@ msgid "" "paper journal." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13138 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13254 msgid "" "As journals become electronic, however, the publishers are demanding that " "libraries not give the general public access to the journals. This means " @@ -16816,8 +17337,8 @@ msgid "" "and market shrink a freedom taken for granted before." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13146 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13262 msgid "" "This shrinking freedom has led many to take affirmative steps to restore the " "freedom that has been lost. The Public Library of Science (PLoS), for " @@ -16831,8 +17352,8 @@ msgid "" "type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13160 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13276 msgid "" "This is one of many such efforts to restore a freedom taken for granted " "before, but now threatened by changing technology and markets. There's no " @@ -16842,52 +17363,52 @@ msgid "" "it helps spread knowledge and science." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:13171 +#. type: Content of: <book><chapter><section><section><title> +#: freeculture.xml:13288 msgid "Rebuilding Free Culture: One Idea" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13176 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13293 msgid "" "The same strategy could be applied to culture, as a response to the " "increasing control effected through law and technology." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13180 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13297 msgid "" "Enter the Creative Commons. The Creative Commons is a nonprofit corporation " "established in Massachusetts, but with its home at Stanford University. Its " -"aim is to build a layer of reasonable copyright on top of the extremes that " -"now reign. It does this by making it easy for people to build upon other " -"people's work, by making it simple for creators to express the freedom for " -"others to take and build upon their work. Simple tags, tied to " -"human-readable descriptions, tied to bulletproof licenses, make this " +"aim is to build a layer of <emphasis>reasonable</emphasis> copyright on top " +"of the extremes that now reign. It does this by making it easy for people to " +"build upon other people's work, by making it simple for creators to express " +"the freedom for others to take and build upon their work. Simple tags, tied " +"to human-readable descriptions, tied to bulletproof licenses, make this " "possible." msgstr "" #. PAGE BREAK 288 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13190 -msgid "" -"Simple—which means without a middleman, or without a lawyer. By " -"developing a free set of licenses that people can attach to their content, " -"Creative Commons aims to mark a range of content that can easily, and " -"reliably, be built upon. These tags are then linked to machine-readable " -"versions of the license that enable computers automatically to identify " -"content that can easily be shared. These three expressions together—a " -"legal license, a human-readable description, and machine-readable " -"tags—constitute a Creative Commons license. A Creative Commons license " -"constitutes a grant of freedom to anyone who accesses the license, and more " -"importantly, an expression of the ideal that the person associated with the " -"license believes in something different than the \"All\" or \"No\" " -"extremes. Content is marked with the CC mark, which does not mean that " -"copyright is waived, but that certain freedoms are given." -msgstr "" - -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13208 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13308 +msgid "" +"<emphasis>Simple</emphasis>—which means without a middleman, or " +"without a lawyer. By developing a free set of licenses that people can " +"attach to their content, Creative Commons aims to mark a range of content " +"that can easily, and reliably, be built upon. These tags are then linked to " +"machine-readable versions of the license that enable computers automatically " +"to identify content that can easily be shared. These three expressions " +"together—a legal license, a human-readable description, and " +"machine-readable tags—constitute a Creative Commons license. A " +"Creative Commons license constitutes a grant of freedom to anyone who " +"accesses the license, and more importantly, an expression of the ideal that " +"the person associated with the license believes in something different than " +"the \"All\" or \"No\" extremes. Content is marked with the CC mark, which " +"does not mean that copyright is waived, but that certain freedoms are given." +msgstr "" + +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13326 msgid "" "These freedoms are beyond the freedoms promised by fair use. Their precise " "contours depend upon the choices the creator makes. The creator can choose a " @@ -16899,8 +17420,8 @@ msgid "" "long as full copies are not made. Or lastly, any educational use." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13219 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13337 msgid "" "These choices thus establish a range of freedoms beyond the default of " "copyright law. They also enable freedoms that go beyond traditional fair " @@ -16912,13 +17433,13 @@ msgid "" "that content will in turn enable us to rebuild a public domain." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><indexterm><primary> -#: freeculture.xml:13240 +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:13358 msgid "Garlick, Mia" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13230 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13348 msgid "" "This is just one project among many within the Creative Commons. And of " "course, Creative Commons is not the only organization pursuing such " @@ -16931,8 +17452,8 @@ msgid "" "creativity. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13243 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13361 msgid "" "The aim is not to fight the \"All Rights Reserved\" sorts. The aim is to " "complement them. The problems that the law creates for us as a culture are " @@ -16945,18 +17466,18 @@ msgid "" "gives people a way effectively to begin to build those rules." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13255 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13373 msgid "" "Why would creators participate in giving up total control? Some participate " "to better spread their content. Cory Doctorow, for example, is a science " -"fiction author. His first novel, Down and Out in the Magic Kingdom, was " -"released on-line and for free, under a Creative Commons license, on the same " -"day that it went on sale in bookstores." +"fiction author. His first novel, <citetitle>Down and Out in the Magic " +"Kingdom</citetitle>, was released on-line and for free, under a Creative " +"Commons license, on the same day that it went on sale in bookstores." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13262 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13380 msgid "" "Why would a publisher ever agree to this? I suspect his publisher reasoned " "like this: There are two groups of people out there: (1) those who will buy " @@ -16966,42 +17487,58 @@ msgid "" "it. Call them bad-(1)s. Some part of (2) will download Cory's book, like " "it, and then decide to buy it. Call them (2)-goods. If there are more " "(2)-goods than bad-(1)s, the strategy of releasing Cory's book free on-line " -"will probably increase sales of Cory's book." +"will probably <emphasis>increase</emphasis> sales of Cory's book." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13274 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13392 msgid "" "Indeed, the experience of his publisher clearly supports that conclusion. " "The book's first printing was exhausted months before the publisher had " "expected. This first novel of a science fiction author was a total success." msgstr "" -#. PAGE BREAK 290 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13280 +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:13407 +msgid "Free for All (Wayner)" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:13408 +msgid "Wayner, Peter" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13398 msgid "" "The idea that free content might increase the value of nonfree content was " "confirmed by the experience of another author. Peter Wayner, who wrote a " -"book about the free software movement titled Free for All, made an " -"electronic version of his book free on-line under a Creative Commons license " -"after the book went out of print. He then monitored used book store prices " -"for the book. As predicted, as the number of downloads increased, the used " -"book price for his book increased, as well." +"book about the free software movement titled <citetitle>Free for " +"All</citetitle>, made an electronic version of his book free on-line under a " +"Creative Commons license after the book went out of print. He then monitored " +"used book store prices for the book. As predicted, as the number of " +"downloads increased, the used book price for his book increased, as well. " +"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " +"id=\"1\"/>" msgstr "" #. f2. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:13306 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:13426 msgid "" -"Willful Infringement: A Report from the Front Lines of the Real Culture Wars " -"(2003), produced by Jed Horovitz, directed by Greg Hittelman, a Fiat Lucre " -"production, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#72</ulink>." +"<citetitle>Willful Infringement: A Report from the Front Lines of the Real " +"Culture Wars</citetitle> (2003), produced by Jed Horovitz, directed by Greg " +"Hittelman, a Fiat Lucre production, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #72</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13291 +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:13433 +msgid "Leaphart, Walter" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13411 msgid "" "These are examples of using the Commons to better spread proprietary " "content. I believe that is a wonderful and common use of the Commons. There " @@ -17011,16 +17548,17 @@ msgid "" "or noncommercial purposes, to sample content from the licensed work; they " "are just not free to make full copies of the licensed work available to " "others. This is consistent with their own art—they, too, sample from " -"others. Because the legal costs of sampling are so high (Walter Leaphart, " -"manager of the rap group Public Enemy, which was born sampling the music of " -"others, has stated that he does not \"allow\" Public Enemy to sample " -"anymore, because the legal costs are so high<placeholder type=\"footnote\" " -"id=\"0\"/>), these artists release into the creative environment content " -"that others can build upon, so that their form of creativity might grow." +"others. Because the <emphasis>legal</emphasis> costs of sampling are so high " +"(Walter Leaphart, manager of the rap group Public Enemy, which was born " +"sampling the music of others, has stated that he does not \"allow\" Public " +"Enemy to sample anymore, because the legal costs are so high<placeholder " +"type=\"footnote\" id=\"0\"/>), these artists release into the creative " +"environment content that others can build upon, so that their form of " +"creativity might grow. <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13315 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13436 msgid "" "Finally, there are many who mark their content with a Creative Commons " "license just because they want to express to others the importance of " @@ -17034,8 +17572,8 @@ msgid "" msgstr "" #. PAGE BREAK 291 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13327 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13448 msgid "" "In the first six months of the Creative Commons experiment, over 1 million " "objects were licensed with these free-culture licenses. The next step is " @@ -17045,8 +17583,8 @@ msgid "" "build content based upon content set free." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13337 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13458 msgid "" "These are first steps to rebuilding a public domain. They are not mere " "arguments; they are action. Building a public domain is the first step to " @@ -17056,8 +17594,8 @@ msgid "" "possible." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13345 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13466 msgid "" "Creative Commons is just one example of voluntary efforts by individuals and " "creators to change the mix of rights that now govern the creative field. The " @@ -17067,13 +17605,13 @@ msgid "" "difference, we believe, will enable creativity to spread more easily." msgstr "" -#. type: Content of: <book><chapter><sect1><title> -#: freeculture.xml:13359 +#. type: Content of: <book><chapter><section><title> +#: freeculture.xml:13480 msgid "THEM, SOON" msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:13361 +#. type: Content of: <book><chapter><section><para> +#: freeculture.xml:13482 msgid "" "We will not reclaim a free culture by individual action alone. It will also " "take important reforms of laws. We have a long way to go before the " @@ -17082,8 +17620,8 @@ msgid "" "we need." msgstr "" -#. type: Content of: <book><chapter><sect1><para> -#: freeculture.xml:13368 +#. type: Content of: <book><chapter><section><para> +#: freeculture.xml:13489 msgid "" "In this chapter, I outline five kinds of changes: four that are general, and " "one that's specific to the most heated battle of the day, music. Each is a " @@ -17091,13 +17629,13 @@ msgid "" "end." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:13375 +#. type: Content of: <book><chapter><section><section><title> +#: freeculture.xml:13496 msgid "1. More Formalities" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13377 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13498 msgid "" "If you buy a house, you have to record the sale in a deed. If you buy land " "upon which to build a house, you have to record the purchase in a deed. If " @@ -17106,15 +17644,15 @@ msgid "" msgstr "" #. PAGE BREAK 293 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13384 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13505 msgid "" "These are all formalities associated with property. They are requirements " "that we all must bear if we want our property to be protected." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13389 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13510 msgid "" "In contrast, under current copyright law, you automatically get a copyright, " "regardless of whether you comply with any formality. You don't have to " @@ -17122,23 +17660,24 @@ msgid "" "and \"formalities\" are banished." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13395 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13516 msgid "Why?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13398 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13519 msgid "" -"As I suggested in chapter 10, the motivation to abolish formalities was a " -"good one. In the world before digital technologies, formalities imposed a " -"burden on copyright holders without much benefit. Thus, it was progress when " -"the law relaxed the formal requirements that a copyright owner must bear to " +"As I suggested in chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"property-i\"/>, the motivation to abolish formalities was a good " +"one. In the world before digital technologies, formalities imposed a burden " +"on copyright holders without much benefit. Thus, it was progress when the " +"law relaxed the formal requirements that a copyright owner must bear to " "protect and secure his work. Those formalities were getting in the way." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13406 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13528 msgid "" "But the Internet changes all this. Formalities today need not be a " "burden. Rather, the world without formalities is the world that burdens " @@ -17147,21 +17686,21 @@ msgid "" "others. There are no records, there is no system to trace— there is no " "simple way to know how to get permission. Yet given the massive increase in " "the scope of copyright's rule, getting permission is a necessary step for " -"any work that builds upon our past. And thus, the lack of formalities forces " -"many into silence where they otherwise could speak." +"any work that builds upon our past. And thus, the <emphasis>lack</emphasis> " +"of formalities forces many into silence where they otherwise could speak." msgstr "" #. f1. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:13420 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:13542 msgid "" "The proposal I am advancing here would apply to American works only. " "Obviously, I believe it would be beneficial for the same idea to be adopted " "by other countries as well." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13418 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13540 msgid "" "The law should therefore change this requirement<placeholder " "type=\"footnote\" id=\"0\"/>—but it should not change it by going back " @@ -17170,8 +17709,8 @@ msgid "" "these formalities." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13428 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13550 msgid "" "The important formalities are three: marking copyrighted work, registering " "copyrights, and renewing the claim to copyright. Traditionally, the first of " @@ -17181,13 +17720,13 @@ msgid "" "approving standards developed by others." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><title> -#: freeculture.xml:13440 +#. type: Content of: <book><chapter><section><section><section><title> +#: freeculture.xml:13562 msgid "REGISTRATION AND RENEWAL" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13442 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13564 msgid "" "Under the old system, a copyright owner had to file a registration with the " "Copyright Office to register or renew a copyright. When filing that " @@ -17201,8 +17740,8 @@ msgid "" "deal with the mess that is the Copyright Office." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13455 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13577 msgid "" "Yet it is always astonishing to me that we, who come from a tradition of " "extraordinary innovation in governmental design, can no longer think " @@ -17213,8 +17752,8 @@ msgid "" "that the government sets." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13464 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13586 msgid "" "In the context of registration, one obvious model is the Internet. There " "are at least 32 million Web sites registered around the world. Domain name " @@ -17226,8 +17765,8 @@ msgid "" msgstr "" #. PAGE BREAK 295 -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13474 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13596 msgid "" "We should adopt a similar model for the registration and renewal of " "copyrights. The Copyright Office may well serve as the central registry, but " @@ -17240,13 +17779,13 @@ msgid "" "would facilitate the licensing of content." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><title> -#: freeculture.xml:13489 +#. type: Content of: <book><chapter><section><section><section><title> +#: freeculture.xml:13611 msgid "MARKING" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13491 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13613 msgid "" "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 punishment for " @@ -17257,16 +17796,16 @@ msgid "" "be enforced uniformly across all media." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13501 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13623 msgid "" "The aim of marking is to signal to the public that this work is copyrighted " "and that the author wants to enforce his rights. The mark also makes it easy " "to locate a copyright owner to secure permission to use the work." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13507 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13629 msgid "" "One of the problems the copyright system confronted early on was that " "different copyrighted works had to be differently marked. It wasn't clear " @@ -17279,8 +17818,8 @@ msgid "" msgstr "" #. f2. -#. type: Content of: <book><chapter><sect1><sect2><sect3><para><footnote><para> -#: freeculture.xml:13524 +#. type: Content of: <book><chapter><section><section><section><para><footnote><para> +#: freeculture.xml:13646 msgid "" "There would be a complication with derivative works that I have not solved " "here. In my view, the law of derivatives creates a more complicated system " @@ -17288,8 +17827,8 @@ msgid "" msgstr "" #. PAGE BREAK 296 -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13517 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13639 msgid "" "Let's start with the last point. If a copyright owner allows his work to be " "published without a copyright notice, the consequence of that failure need " @@ -17304,8 +17843,8 @@ msgid "" "their work." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13537 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13659 msgid "" "That in turn raises the question about how work should best be marked. Here " "again, the system needs to adjust as the technologies evolve. The best way " @@ -17314,22 +17853,22 @@ msgid "" "elsewhere." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13544 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13666 msgid "" "For example, if a recording industry association devises a method for " "marking CDs, it would propose that to the Copyright Office. The Copyright " "Office would hold a hearing, at which other proposals could be made. The " "Copyright Office would then select the proposal that it judged preferable, " -"and it would base that choice solely upon the consideration of which method " -"could best be integrated into the registration and renewal system. We would " -"not count on the government to innovate; but we would count on the " -"government to keep the product of innovation in line with its other " -"important functions." +"and it would base that choice <emphasis>solely</emphasis> upon the " +"consideration of which method could best be integrated into the registration " +"and renewal system. We would not count on the government to innovate; but we " +"would count on the government to keep the product of innovation in line with " +"its other important functions." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13555 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13678 msgid "" "Finally, marking content clearly would simplify registration requirements. " "If photographs were marked by author and year, there would be little reason " @@ -17339,16 +17878,16 @@ msgid "" "possible." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13563 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13686 msgid "" "The objective of formalities is to make things clear. The existing system " "does nothing to make things clear. Indeed, it seems designed to make things " "unclear." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><sect3><para> -#: freeculture.xml:13568 +#. type: Content of: <book><chapter><section><section><section><para> +#: freeculture.xml:13691 msgid "" "If formalities such as registration were reinstated, one of the most " "difficult aspects of relying upon the public domain would be removed. It " @@ -17358,13 +17897,13 @@ msgid "" "the appropriate time." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:13580 +#. type: Content of: <book><chapter><section><section><title> +#: freeculture.xml:13703 msgid "2. Shorter Terms" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13582 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13705 msgid "" "The term of copyright has gone from fourteen years to ninety-five years for " "corporate authors, and life of the author plus seventy years for natural " @@ -17372,26 +17911,29 @@ msgid "" msgstr "" #. f3. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:13594 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:13718 msgid "" -"\"A Radical Rethink,\" Economist, 366:8308 (25 January 2003): 15, available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #74</ulink>." +"\"A Radical Rethink,\" <citetitle>Economist</citetitle>, 366:8308 (25 " +"January 2003): 15, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #74</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13587 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13710 msgid "" -"In The Future of Ideas, I proposed a seventy-five-year term, granted in " -"five-year increments with a requirement of renewal every five years. That " -"seemed radical enough at the time. But after we lost Eldred v. Ashcroft, " -"the proposals became even more radical. The Economist endorsed a proposal " -"for a fourteen-year copyright term.<placeholder type=\"footnote\" id=\"0\"/> " +"In <citetitle>The Future of Ideas</citetitle>, I proposed a " +"seventy-five-year term, granted in five-year increments with a requirement " +"of renewal every five years. That seemed radical enough at the time. But " +"after we lost <citetitle>Eldred</citetitle> " +"v. <citetitle>Ashcroft</citetitle>, the proposals became even more " +"radical. <citetitle>The Economist</citetitle> endorsed a proposal for a " +"fourteen-year copyright term.<placeholder type=\"footnote\" id=\"0\"/> " "Others have proposed tying the term to the term for patents." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13601 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13725 msgid "" "I agree with those who believe that we need a radical change in copyright's " "term. But whether fourteen years or seventy-five, there are four principles " @@ -17399,82 +17941,88 @@ msgid "" msgstr "" #. (1) -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:13609 -msgid "" -"Keep it short: The term should be as long as necessary to give incentives to " -"create, but no longer. If it were tied to very strong protections for " -"authors (so authors were able to reclaim rights from publishers), rights to " -"the same work (not derivative works) might be extended further. The key is " -"not to tie the work up with legal regulations when it no longer benefits an " -"author." +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:13733 +msgid "" +"<emphasis>Keep it short:</emphasis> The term should be as long as necessary " +"to give incentives to create, but no longer. If it were tied to very strong " +"protections for authors (so authors were able to reclaim rights from " +"publishers), rights to the same work (not derivative works) might be " +"extended further. The key is not to tie the work up with legal regulations " +"when it no longer benefits an author." msgstr "" #. (2) #. PAGE BREAK 298 -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:13617 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:13742 msgid "" -"Keep it simple: The line between the public domain and protected content " -"must be kept clear. Lawyers like the fuzziness of \"fair use,\" and the " -"distinction between \"ideas\" and \"expression.\" That kind of law gives " -"them lots of work. But our framers had a simpler idea in mind: protected " -"versus unprotected. The value of short terms is that there is little need " -"to build exceptions into copyright when the term itself is kept short. A " -"clear and active \"lawyer-free zone\" makes the complexities of \"fair use\" " -"and \"idea/expression\" less necessary to navigate." +"<emphasis>Keep it simple:</emphasis> The line between the public domain and " +"protected content must be kept clear. Lawyers like the fuzziness of \"fair " +"use,\" and the distinction between \"ideas\" and \"expression.\" That kind " +"of law gives them lots of work. But our framers had a simpler idea in mind: " +"protected versus unprotected. The value of short terms is that there is " +"little need to build exceptions into copyright when the term itself is kept " +"short. A clear and active \"lawyer-free zone\" makes the complexities of " +"\"fair use\" and \"idea/expression\" less necessary to navigate." msgstr "" #. f4. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para><footnote><para> -#: freeculture.xml:13637 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><footnote><para> +#: freeculture.xml:13763 msgid "" "Department of Veterans Affairs, Veteran's Application for Compensation " "and/or Pension, VA Form 21-526 (OMB Approved No. 2900-0001), available at " "<ulink url=\"http://free-culture.cc/notes/\">link #75</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:13630 -msgid "" -"Keep it alive: Copyright should have to be renewed. Especially if the " -"maximum term is long, the copyright owner should be required to signal " -"periodically that he wants the protection continued. This need not be an " -"onerous burden, but there is no reason this monopoly protection has to be " -"granted for free. On average, it takes ninety minutes for a veteran to apply " -"for a pension.<placeholder type=\"footnote\" id=\"0\"/> If we make veterans " -"suffer that burden, I don't see why we couldn't require authors to spend ten " -"minutes every fifty years to file a single form." +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><indexterm><primary> +#: freeculture.xml:13771 +msgid "veterans' pensions" msgstr "" -#. (4) -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:13648 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:13755 msgid "" -"Keep it prospective: Whatever the term of copyright should be, the clearest " -"lesson that economists teach is that a term once given should not be " -"extended. It might have been a mistake in 1923 for the law to offer authors " -"only a fifty-six-year term. I don't think so, but it's possible. If it was a " -"mistake, then the consequence was that we got fewer authors to create in " -"1923 than we otherwise would have. But we can't correct that mistake today " -"by increasing the term. No matter what we do today, we will not increase the " -"number of authors who wrote in 1923. Of course, we can increase the reward " -"that those who write now get (or alternatively, increase the copyright " -"burden that smothers many works that are today invisible). But increasing " -"their reward will not increase their creativity in 1923. What's not done is " -"not done, and there's nothing we can do about that now." +"<emphasis>Keep it alive:</emphasis> Copyright should have to be renewed. " +"Especially if the maximum term is long, the copyright owner should be " +"required to signal periodically that he wants the protection continued. This " +"need not be an onerous burden, but there is no reason this monopoly " +"protection has to be granted for free. On average, it takes ninety minutes " +"for a veteran to apply for a pension.<placeholder type=\"footnote\" " +"id=\"0\"/> If we make veterans suffer that burden, I don't see why we " +"couldn't require authors to spend ten minutes every fifty years to file a " +"single form. <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13663 +#. (4) +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:13775 +msgid "" +"<emphasis>Keep it prospective:</emphasis> Whatever the term of copyright " +"should be, the clearest lesson that economists teach is that a term once " +"given should not be extended. It might have been a mistake in 1923 for the " +"law to offer authors only a fifty-six-year term. I don't think so, but it's " +"possible. If it was a mistake, then the consequence was that we got fewer " +"authors to create in 1923 than we otherwise would have. But we can't correct " +"that mistake today by increasing the term. No matter what we do today, we " +"will not increase the number of authors who wrote in 1923. Of course, we can " +"increase the reward that those who write now get (or alternatively, increase " +"the copyright burden that smothers many works that are today invisible). But " +"increasing their reward will not increase their creativity in 1923. What's " +"not done is not done, and there's nothing we can do about that now." +msgstr "" + +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13791 msgid "" -"These changes together should produce an average copyright term that is much " -"shorter than the current term. Until 1976, the average term was just 32.2 " -"years. We should be aiming for the same." +"These changes together should produce an <emphasis>average</emphasis> " +"copyright term that is much shorter than the current term. Until 1976, the " +"average term was just 32.2 years. We should be aiming for the same." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13668 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13797 msgid "" "No doubt the extremists will call these ideas \"radical.\" (After all, I " "call them \"extremists.\") But again, the term I recommended was longer than " @@ -17482,13 +18030,13 @@ msgid "" "generous copyright law than Richard Nixon presided over?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:13678 +#. type: Content of: <book><chapter><section><section><title> +#: freeculture.xml:13807 msgid "3. Free Use Vs. Fair Use" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13680 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13809 msgid "" "As I observed at the beginning of this book, property law originally granted " "property owners the right to control their property from the ground to the " @@ -17498,8 +18046,8 @@ msgid "" "technology." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13688 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13817 msgid "" "Our Constitution gives Congress the power to give authors \"exclusive " "right\" to \"their writings.\" Congress has given authors an exclusive right " @@ -17510,32 +18058,37 @@ msgid "" msgstr "" #. f5. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:13701 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:13830 msgid "" -"Benjamin Kaplan, An Unhurried View of Copyright (New York: Columbia " -"University Press, 1967), 32." +"Benjamin Kaplan, <citetitle>An Unhurried View of Copyright</citetitle> (New " +"York: Columbia University Press, 1967), 32." +msgstr "" + +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:13836 +msgid "Kaplan, Benjamin" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13697 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13826 msgid "" "Congress granted the beginnings of this right in 1870, when it expanded the " "exclusive right of copyright to include a right to control translations and " "dramatizations of a work.<placeholder type=\"footnote\" id=\"0\"/> The " "courts have expanded it slowly through judicial interpretation ever " "since. This expansion has been commented upon by one of the law's greatest " -"judges, Judge Benjamin Kaplan." +"judges, Judge Benjamin Kaplan. <placeholder type=\"indexterm\" id=\"1\"/>" msgstr "" #. f6. -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para><footnote><para> -#: freeculture.xml:13714 +#. type: Content of: <book><chapter><section><section><blockquote><para><footnote><para> +#: freeculture.xml:13844 msgid "Ibid., 56." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><blockquote><para> -#: freeculture.xml:13710 +#. type: Content of: <book><chapter><section><section><blockquote><para> +#: freeculture.xml:13840 msgid "" "So inured have we become to the extension of the monopoly to a large range " "of so-called derivative works, that we no longer sense the oddity of " @@ -17543,8 +18096,8 @@ msgid "" "abracadabra of idea and expression.<placeholder type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13719 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13849 msgid "" "I think it's time to recognize that there are airplanes in this field and " "the expansiveness of these rights of derivative use no longer make " @@ -17553,35 +18106,35 @@ msgid "" "each limitation in turn." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13726 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13856 msgid "" -"Term: If Congress wants to grant a derivative right, then that right should " -"be for a much shorter term. It makes sense to protect John Grisham's right " -"to sell the movie rights to his latest novel (or at least I'm willing to " -"assume it does); but it does not make sense for that right to run for the " -"same term as the underlying copyright. The derivative right could be " -"important in inducing creativity; it is not important long after the " -"creative work is done. <placeholder type=\"indexterm\" id=\"0\"/>" +"<emphasis>Term:</emphasis> If Congress wants to grant a derivative right, " +"then that right should be for a much shorter term. It makes sense to protect " +"John Grisham's right to sell the movie rights to his latest novel (or at " +"least I'm willing to assume it does); but it does not make sense for that " +"right to run for the same term as the underlying copyright. The derivative " +"right could be important in inducing creativity; it is not important long " +"after the creative work is done. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13738 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13869 msgid "" -"Scope: Likewise should the scope of derivative rights be narrowed. Again, " -"there are some cases in which derivative rights are important. Those should " -"be specified. But the law should draw clear lines around regulated and " -"unregulated uses of copyrighted material. When all \"reuse\" of creative " -"material was within the control of businesses, perhaps it made sense to " -"require lawyers to negotiate the lines. It no longer makes sense for lawyers " -"to negotiate the lines. Think about all the creative possibilities that " -"digital technologies enable; now imagine pouring molasses into the " -"machines. That's what this general requirement of permission does to the " -"creative process. Smothers it." +"<emphasis>Scope:</emphasis> Likewise should the scope of derivative rights " +"be narrowed. Again, there are some cases in which derivative rights are " +"important. Those should be specified. But the law should draw clear lines " +"around regulated and unregulated uses of copyrighted material. When all " +"\"reuse\" of creative material was within the control of businesses, perhaps " +"it made sense to require lawyers to negotiate the lines. It no longer makes " +"sense for lawyers to negotiate the lines. Think about all the creative " +"possibilities that digital technologies enable; now imagine pouring molasses " +"into the machines. That's what this general requirement of permission does " +"to the creative process. Smothers it." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13750 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13882 msgid "" "This was the point that Alben made when describing the making of the Clint " "Eastwood CD. While it makes sense to require negotiation for foreseeable " @@ -17590,21 +18143,21 @@ msgid "" "unforeseeable. Here, a statutory right would make much more sense." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:13766 +#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:13898 msgid "Goldstein, Paul" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:13764 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:13896 msgid "" -"Paul Goldstein, Copyright's Highway: From Gutenberg to the Celestial Jukebox " -"(Stanford: Stanford University Press, 2003), 187–216. <placeholder " -"type=\"indexterm\" id=\"0\"/>" +"Paul Goldstein, <citetitle>Copyright's Highway: From Gutenberg to the " +"Celestial Jukebox</citetitle> (Stanford: Stanford University Press, 2003), " +"187–216. <placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13758 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13890 msgid "" "In each of these cases, the law should mark the uses that are protected, and " "the presumption should be that other uses are not protected. This is the " @@ -17613,8 +18166,8 @@ msgid "" "that expanded protections follow expanded uses." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13772 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13904 msgid "" "Goldstein's analysis would make perfect sense if the cost of the legal " "system were small. But as we are currently seeing in the context of the " @@ -17624,8 +18177,8 @@ msgid "" msgstr "" #. PAGE BREAK 301 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13779 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13911 msgid "" "The law could remedy this problem either by removing protection beyond the " "part explicitly drawn or by granting reuse rights upon certain statutory " @@ -17634,13 +18187,13 @@ msgid "" "would earn artists more income." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:13789 +#. type: Content of: <book><chapter><section><section><title> +#: freeculture.xml:13921 msgid "4. Liberate the Music—Again" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13791 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13923 msgid "" "The battle that got this whole war going was about music, so it wouldn't be " "fair to end this book without addressing the issue that is, to most people, " @@ -17649,8 +18202,8 @@ msgid "" "music." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13798 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13930 msgid "" "The appeal of file-sharing music was the crack cocaine of the Internet's " "growth. It drove demand for access to the Internet more powerfully than any " @@ -17660,8 +18213,8 @@ msgid "" "regulations that in the end kill innovation on the network." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13807 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13939 msgid "" "The aim of copyright, with respect to content in general and music in " "particular, is to create the incentives for music to be composed, performed, " @@ -17670,26 +18223,27 @@ msgid "" "performing artist to control copies of her performance." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13814 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13946 msgid "" "File-sharing networks complicate this model by enabling the spread of " "content for which the performer has not been paid. But of course, that's not " -"all the file-sharing networks do. As I described in chapter 5, they enable " -"four different kinds of sharing:" +"all the file-sharing networks do. As I described in chapter <xref " +"xrefstyle=\"select: labelnumber\" linkend=\"piracy\"/>, they enable four " +"different kinds of sharing:" msgstr "" #. A. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:13822 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:13955 msgid "" "There are some who are using sharing networks as substitutes for purchasing " "CDs." msgstr "" #. B. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:13827 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:13960 msgid "" "There are also some who are using sharing networks to sample, on the way to " "purchasing CDs." @@ -17697,8 +18251,8 @@ msgstr "" #. PAGE BREAK 302 #. C. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:13833 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:13966 msgid "" "There are many who are using file-sharing networks to get access to content " "that is no longer sold but is still under copyright or that would have been " @@ -17706,16 +18260,16 @@ msgid "" msgstr "" #. D. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:13839 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:13972 msgid "" "There are many who are using file-sharing networks to get access to content " "that is not copyrighted or to get access that the copyright owner plainly " "endorses." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13845 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13978 msgid "" "Any reform of the law needs to keep these different uses in focus. It must " "avoid burdening type D even if it aims to eliminate type A. The eagerness " @@ -17725,25 +18279,26 @@ msgid "" "weakened." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13853 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13986 msgid "" -"As I said in chapter 5, the actual harm caused by sharing is controversial. " +"As I said in chapter <xref xrefstyle=\"select: labelnumber\" " +"linkend=\"piracy\"/>, the actual harm caused by sharing is controversial. " "For the purposes of this chapter, however, I assume the harm is real. I " "assume, in other words, that type A sharing is significantly greater than " "type B, and is the dominant use of sharing networks." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13860 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13994 msgid "" "Nonetheless, there is a crucial fact about the current technological context " "that we must keep in mind if we are to understand how the law should " "respond." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13865 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:13999 msgid "" "Today, file sharing is addictive. In ten years, it won't be. It is addictive " "today because it is the easiest way to gain access to a broad range of " @@ -17757,8 +18312,8 @@ msgid "" msgstr "" #. PAGE BREAK 303 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13877 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14011 msgid "" "But it will become a reality, and that means the way we get access to the " "Internet today is a technology in transition. Policy makers should not make " @@ -17774,25 +18329,26 @@ msgid "" msgstr "" #. f8. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:13909 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:14044 msgid "" "See, for example, \"Music Media Watch,\" The J@pan Inc. Newsletter, 3 April " "2002, available at <ulink url=\"http://free-culture.cc/notes/\">link " "#76</ulink>." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13892 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14026 msgid "" "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, content that " "is streamed to the user when the user demands. Here, then, is the critical " -"point: When it is extremely easy to connect to services that give access to " -"content, it will be easier to connect to services that give you access to " -"content than it will be to download and store content on the many devices " -"you will have for playing content. It will be easier, in other words, to " -"subscribe than it will be to be a database manager, as everyone in the " +"point: When it is <emphasis>extremely</emphasis> easy to connect to services " +"that give access to content, it will be <emphasis>easier</emphasis> to " +"connect to services that give you access to content than it will be to " +"download and store content <emphasis>on the many devices you will have for " +"playing content</emphasis>. It will be easier, in other words, to subscribe " +"than it will be to be a database manager, as everyone in the " "download-sharing world of Napster-like technologies essentially is. Content " "services will compete with content sharing, even if the services charge " "money for the content they give access to. Already cell-phone services in " @@ -17803,8 +18359,8 @@ msgid "" msgstr "" #. PAGE BREAK 304 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13916 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14051 msgid "" "This point about the future is meant to suggest a perspective on the " "present: It is emphatically temporary. The \"problem\" with file " @@ -17819,8 +18375,8 @@ msgid "" "twenty-first-century technologies." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13932 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14067 msgid "" "The answer begins with recognizing that there are different \"problems\" " "here to solve. Let's start with type D content—uncopyrighted content " @@ -17832,8 +18388,8 @@ msgid "" "ban pay phones in order to eliminate kidnapping." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13943 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14078 msgid "" "Type C content raises a different \"problem.\" This is content that was, at " "one time, published and is no longer available. It may be unavailable " @@ -17843,8 +18399,8 @@ msgid "" "to this content, ideally in a way that returns something to the artist." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13952 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14087 msgid "" "Again, the model here is the used book store. Once a book goes out of print, " "it may still be available in libraries and used book stores. But libraries " @@ -17855,8 +18411,8 @@ msgid "" "of his content without his being compensated is less than ideal." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13962 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14097 msgid "" "The model of used book stores suggests that the law could simply deem " "out-of-print music fair game. If the publisher does not make copies of the " @@ -17868,8 +18424,8 @@ msgid "" msgstr "" #. PAGE BREAK 305 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13973 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14108 msgid "" "Alternatively, the law could create a statutory license that would ensure " "that artists get something from the trade of their work. For example, if the " @@ -17880,8 +18436,8 @@ msgid "" "artists would benefit from this trade." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13983 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14118 msgid "" "This system would also create an incentive for publishers to keep works " "available commercially. Works that are available commercially would not be " @@ -17893,8 +18449,8 @@ msgid "" "publisher." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:13993 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14128 msgid "" "The hard case is content of types A and B, and again, this case is hard only " "because the extent of the problem will change over time, as the technologies " @@ -17904,15 +18460,15 @@ msgid "" "content." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14001 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14136 msgid "" "So here's a solution that will at first seem very strange to both sides in " "this war, but which upon reflection, I suggest, should make some sense." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14005 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14140 msgid "" "Stripped of the rhetoric about the sanctity of property, the basic claim of " "the content industry is this: A new technology (the Internet) has harmed a " @@ -17925,8 +18481,8 @@ msgid "" msgstr "" #. PAGE BREAK 306 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14016 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14151 msgid "" "I love the Internet, and so I don't like likening it to tobacco or " "asbestos. But the analogy is a fair one from the perspective of the law. " @@ -17936,50 +18492,58 @@ msgid "" "compensate those who are harmed." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para><indexterm><primary> -#: freeculture.xml:14060 +#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary> +#: freeculture.xml:14196 msgid "Fisher, William" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:14027 +#. type: Content of: <book><chapter><section><section><para><indexterm><primary> +#: freeculture.xml:14198 freeculture.xml:14224 +msgid "Promises to Keep (Fisher)" +msgstr "" + +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:14163 msgid "" -"William Fisher, Digital Music: Problems and Possibilities (last revised: 10 " -"October 2000), available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #77</ulink>; William Fisher, " -"Promises to Keep: Technology, Law, and the Future of Entertainment " -"(forthcoming) (Stanford: Stanford University Press, 2004), ch. 6, available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #78</ulink>. Professor " -"Netanel has proposed a related idea that would exempt noncommercial sharing " -"from the reach of copyright and would establish compensation to artists to " -"balance any loss. See Neil Weinstock Netanel, \"Impose a Noncommercial Use " -"Levy to Allow Free P2P File Sharing,\" available at <ulink " +"William Fisher, <citetitle>Digital Music: Problems and " +"Possibilities</citetitle> (last revised: 10 October 2000), available at " +"<ulink url=\"http://free-culture.cc/notes/\">link #77</ulink>; William " +"Fisher, <citetitle>Promises to Keep: Technology, Law, and the Future of " +"Entertainment</citetitle> (forthcoming) (Stanford: Stanford University " +"Press, 2004), ch. 6, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #78</ulink>. Professor Netanel " +"has proposed a related idea that would exempt noncommercial sharing from the " +"reach of copyright and would establish compensation to artists to balance " +"any loss. See Neil Weinstock Netanel, \"Impose a Noncommercial Use Levy to " +"Allow Free P2P File Sharing,\" available at <ulink " "url=\"http://free-culture.cc/notes/\">link #79</ulink>. For other proposals, " -"see Lawrence Lessig, \"Who's Holding Back Broadband?\" Washington Post, 8 " -"January 2002, A17; Philip S. Corwin on behalf of Sharman Networks, A Letter " -"to Senator Joseph R. Biden, Jr., Chairman of the Senate Foreign Relations " -"Committee, 26 February 2002, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #80</ulink>; Serguei Osokine, A " -"Quick Case for Intellectual Property Use Fee (IPUF), 3 March 2002, available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #81</ulink>; Jefferson " -"Graham, \"Kazaa, Verizon Propose to Pay Artists Directly,\" USA Today, 13 " -"May 2002, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#82</ulink>; Steven M. Cherry, \"Getting Copyright Right,\" IEEE Spectrum " -"Online, 1 July 2002, available at <ulink " -"url=\"http://free-culture.cc/notes/\">link #83</ulink>; Declan McCullagh, " -"\"Verizon's Copyright Campaign,\" CNET News.com, 27 August 2002, available " -"at <ulink url=\"http://free-culture.cc/notes/\">link #84</ulink>. Fisher's " -"proposal is very similar to Richard Stallman's proposal for DAT. Unlike " -"Fisher's, Stallman's proposal would not pay artists directly proportionally, " -"though more popular artists would get more than the less popular. As is " -"typical with Stallman, his proposal predates the current debate by about a " -"decade. See <ulink url=\"http://free-culture.cc/notes/\">link #85</ulink>. " -"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" " -"id=\"1\"/>" +"see Lawrence Lessig, \"Who's Holding Back Broadband?\" <citetitle>Washington " +"Post</citetitle>, 8 January 2002, A17; Philip S. Corwin on behalf of Sharman " +"Networks, A Letter to Senator Joseph R. Biden, Jr., Chairman of the Senate " +"Foreign Relations Committee, 26 February 2002, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #80</ulink>; Serguei Osokine, " +"<citetitle>A Quick Case for Intellectual Property Use Fee " +"(IPUF)</citetitle>, 3 March 2002, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #81</ulink>; Jefferson Graham, " +"\"Kazaa, Verizon Propose to Pay Artists Directly,\" <citetitle>USA " +"Today</citetitle>, 13 May 2002, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #82</ulink>; Steven M. Cherry, " +"\"Getting Copyright Right,\" IEEE Spectrum Online, 1 July 2002, available at " +"<ulink url=\"http://free-culture.cc/notes/\">link #83</ulink>; Declan " +"McCullagh, \"Verizon's Copyright Campaign,\" CNET News.com, 27 August 2002, " +"available at <ulink url=\"http://free-culture.cc/notes/\">link #84</ulink>. " +"Fisher's proposal is very similar to Richard Stallman's proposal for " +"DAT. Unlike Fisher's, Stallman's proposal would not pay artists directly " +"proportionally, though more popular artists would get more than the less " +"popular. As is typical with Stallman, his proposal predates the current " +"debate by about a decade. See <ulink " +"url=\"http://free-culture.cc/notes/\">link #85</ulink>. <placeholder " +"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/> " +"<placeholder type=\"indexterm\" id=\"2\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14024 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14159 msgid "" "The idea would be a modification of a proposal that has been floated by " "Harvard law professor William Fisher.<placeholder type=\"footnote\" " @@ -17993,26 +18557,27 @@ msgid "" "compensation would be paid for by (4) an appropriate tax." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14073 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14211 msgid "" "Fisher's proposal is careful and comprehensive. It raises a million " -"questions, most of which he answers well in his upcoming book, Promises to " -"Keep. The modification that I would make is relatively simple: Fisher " -"imagines his proposal replacing the existing copyright system. I imagine it " -"complementing the existing system. The aim of the proposal would be to " -"facilitate compensation to the extent that harm could be shown. This " -"compensation would be temporary, aimed at facilitating a transition between " -"regimes. And it would require renewal after a period of years. If it " -"continues to make sense to facilitate free exchange of content, supported " -"through a taxation system, then it can be continued. If this form of " -"protection is no longer necessary, then the system could lapse into the old " -"system of controlling access." +"questions, most of which he answers well in his upcoming book, " +"<citetitle>Promises to Keep</citetitle>. The modification that I would make " +"is relatively simple: Fisher imagines his proposal replacing the existing " +"copyright system. I imagine it complementing the existing system. The aim " +"of the proposal would be to facilitate compensation to the extent that harm " +"could be shown. This compensation would be temporary, aimed at facilitating " +"a transition between regimes. And it would require renewal after a period of " +"years. If it continues to make sense to facilitate free exchange of content, " +"supported through a taxation system, then it can be continued. If this form " +"of protection is no longer necessary, then the system could lapse into the " +"old system of controlling access. <placeholder type=\"indexterm\" " +"id=\"0\"/>" msgstr "" #. PAGE BREAK 307 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14088 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14227 msgid "" "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 the system " @@ -18024,8 +18589,8 @@ msgid "" "the content itself." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14101 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14240 msgid "" "No doubt it would be difficult to calculate the proper measure of \"harm\" " "to an industry. But the difficulty of making that calculation would be " @@ -18041,8 +18606,8 @@ msgid "" "sell music on-line." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14116 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14255 msgid "" "This competition has already occurred against the background of \"free\" " "music from p2p systems. As the sellers of cable television have known for " @@ -18056,8 +18621,8 @@ msgid "" "\"free.\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14128 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14267 msgid "" "This regime of competition, with a backstop to assure that artists don't " "lose, would facilitate a great deal of innovation in the delivery of " @@ -18067,14 +18632,14 @@ msgid "" "barbarically severe punishments of the law." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14137 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14276 msgid "In summary, then, my proposal is this:" msgstr "" #. PAGE BREAK 308 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14142 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14281 msgid "" "The Internet is in transition. We should not be regulating a technology in " "transition. We should instead be regulating to minimize the harm to " @@ -18082,35 +18647,35 @@ msgid "" "encouraging, the most efficient technology we can create." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14149 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14288 msgid "We can minimize that harm while maximizing the benefit to innovation by" msgstr "" #. 1. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:14155 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:14294 msgid "guaranteeing the right to engage in type D sharing;" msgstr "" #. 2. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:14159 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:14298 msgid "" "permitting noncommercial type C sharing without liability, and commercial " "type C sharing at a low and fixed rate set by statute;" msgstr "" #. 3. -#. type: Content of: <book><chapter><sect1><sect2><orderedlist><listitem><para> -#: freeculture.xml:14165 +#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para> +#: freeculture.xml:14304 msgid "" "while in this transition, taxing and compensating for type A sharing, to the " "extent actual harm is demonstrated." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14170 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14309 msgid "" "But what if \"piracy\" doesn't disappear? What if there is a competitive " "market providing content at a low cost, but a significant number of " @@ -18118,25 +18683,25 @@ msgid "" "something then?" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14176 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14315 msgid "" "Yes, it should. But, again, what it should do depends upon how the facts " "develop. These changes may not eliminate type A sharing. But the real issue " "is not whether it eliminates sharing in the abstract. The real issue is its " "effect on the market. Is it better (a) to have a technology that is 95 " -"percent secure and produces a market of size x, or (b) to have a technology " -"that is 50 percent secure but produces a market of five times x? Less secure " -"might produce more unauthorized sharing, but it is likely to also produce a " -"much bigger market in authorized sharing. The most important thing is to " -"assure artists' compensation without breaking the Internet. Once that's " -"assured, then it may well be appropriate to find ways to track down the " -"petty pirates." +"percent secure and produces a market of size <citetitle>x</citetitle>, or " +"(b) to have a technology that is 50 percent secure but produces a market of " +"five times <citetitle>x</citetitle>? Less secure might produce more " +"unauthorized sharing, but it is likely to also produce a much bigger market " +"in authorized sharing. The most important thing is to assure artists' " +"compensation without breaking the Internet. Once that's assured, then it may " +"well be appropriate to find ways to track down the petty pirates." msgstr "" #. PAGE BREAK 309 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14190 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14329 msgid "" "But we're a long way away from whittling the problem down to this subset of " "type A sharers. And our focus until we're there should not be on finding " @@ -18145,13 +18710,13 @@ msgid "" "and creativity that the Internet is." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><title> -#: freeculture.xml:14201 +#. type: Content of: <book><chapter><section><section><title> +#: freeculture.xml:14340 msgid "5. Fire Lots of Lawyers" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14203 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14342 msgid "" "I'm a lawyer. I make lawyers for a living. I believe in the law. I believe " "in the law of copyright. Indeed, I have devoted my life to working in law, " @@ -18159,8 +18724,8 @@ msgid "" "the end that I would love to live." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14209 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14348 msgid "" "Yet much of this book has been a criticism of lawyers, or the role lawyers " "have played in this debate. The law speaks to ideals, but it is my view that " @@ -18170,15 +18735,16 @@ msgid "" msgstr "" #. f10. -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:14226 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:14365 msgid "" "Lawrence Lessig, \"Copyright's First Amendment\" (Melville B. Nimmer " -"Memorial Lecture), UCLA Law Review 48 (2001): 1057, 1069–70." +"Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 (2001): 1057, " +"1069–70." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14217 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14356 msgid "" "The evidence of this bending is compelling. I'm attacked as a \"radical\" by " "many within the profession, yet the positions that I am advocating are " @@ -18190,35 +18756,36 @@ msgid "" "type=\"footnote\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14232 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14371 msgid "" "However, my criticism of the role that lawyers have played in this debate is " "not just about a professional bias. It is more importantly about our failure " "to actually reckon the costs of the law." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para><footnote><para> -#: freeculture.xml:14242 +#. type: Content of: <book><chapter><section><section><para><footnote><para> +#: freeculture.xml:14381 msgid "" "A good example is the work of Professor Stan Liebowitz. Liebowitz is to be " "commended for his careful review of data about infringement, leading him to " "question his own publicly stated position—twice. He initially " "predicted that downloading would substantially harm the industry. He then " "revised his view in light of the data, and he has since revised his view " -"again. Compare Stan J. Liebowitz, Rethinking the Network Economy: The True " -"Forces That Drive the Digital Marketplace (New York: Amacom, 2002), " -"(reviewing his original view but expressing skepticism) with Stan J. " -"Liebowitz, \"Will MP3s Annihilate the Record Industry?\" working paper, June " -"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link " -"#86</ulink>. Liebowitz's careful analysis is extremely valuable in " -"estimating the effect of file-sharing technology. In my view, however, he " -"underestimates the costs of the legal system. See, for example, Rethinking, " -"174–76. <placeholder type=\"indexterm\" id=\"0\"/>" +"again. Compare Stan J. Liebowitz, <citetitle>Rethinking the Network " +"Economy: The True Forces That Drive the Digital Marketplace</citetitle> (New " +"York: Amacom, 2002), (reviewing his original view but expressing skepticism) " +"with Stan J. Liebowitz, \"Will MP3s Annihilate the Record Industry?\" " +"working paper, June 2003, available at <ulink " +"url=\"http://free-culture.cc/notes/\">link #86</ulink>. Liebowitz's careful " +"analysis is extremely valuable in estimating the effect of file-sharing " +"technology. In my view, however, he underestimates the costs of the legal " +"system. See, for example, <citetitle>Rethinking</citetitle>, 174–76. " +"<placeholder type=\"indexterm\" id=\"0\"/>" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14237 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14376 msgid "" "Economists are supposed to be good at reckoning costs and benefits. But " "more often than not, economists, with no clue about how the legal system " @@ -18229,8 +18796,8 @@ msgid "" msgstr "" #. PAGE BREAK 310 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14266 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14405 msgid "" "But the legal system doesn't work. Or more accurately, it doesn't work for " "anyone except those with the most resources. Not because the system is " @@ -18239,8 +18806,8 @@ msgid "" "astonishingly high that justice can practically never be done." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14274 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14413 msgid "" "These costs distort free culture in many ways. A lawyer's time is billed at " "the largest firms at more than $400 per hour. How much time should such a " @@ -18252,8 +18819,8 @@ msgid "" "and costly cases." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14284 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14423 msgid "" "The costliness and clumsiness and randomness of this system mock our " "tradition. And lawyers, as well as academics, should consider it their duty " @@ -18263,16 +18830,16 @@ msgid "" "and hence radically more just." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14292 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14431 msgid "" "But until that reform is complete, we as a society should keep the law 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." msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14298 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14437 msgid "" "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 about " @@ -18284,8 +18851,8 @@ msgid "" msgstr "" #. PAGE BREAK 311 -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14307 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14446 msgid "" "The law should regulate in certain areas of culture—but it should " "regulate culture only where that regulation does good. Yet lawyers rarely " @@ -18294,8 +18861,8 @@ msgid "" "the law, the lawyer answers, \"Why not?\"" msgstr "" -#. type: Content of: <book><chapter><sect1><sect2><para> -#: freeculture.xml:14316 +#. type: Content of: <book><chapter><section><section><para> +#: freeculture.xml:14455 msgid "" "We should ask, \"Why?\" Show me why your regulation of culture is " "needed. Show me how it does good. And until you can show me both, keep your " @@ -18303,12 +18870,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:14325 +#: freeculture.xml:14464 msgid "NOTES" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14327 +#: freeculture.xml:14466 msgid "" "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 highly " @@ -18322,12 +18889,12 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><title> -#: freeculture.xml:14342 +#: freeculture.xml:14481 msgid "ACKNOWLEDGMENTS" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14344 +#: freeculture.xml:14483 msgid "" "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 work " @@ -18336,7 +18903,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14350 +#: freeculture.xml:14489 msgid "" "I received guidance in various places from friends and academics, including " "Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner, Mark Rose, and " @@ -18352,7 +18919,7 @@ msgstr "" #. PAGE BREAK 337 #. type: Content of: <book><chapter><para> -#: freeculture.xml:14363 +#: freeculture.xml:14502 msgid "" "Yuko Noguchi helped me to understand the laws of Japan as well as its " "culture. I am thankful to her, and to the many in Japan who helped me " @@ -18365,7 +18932,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14374 +#: freeculture.xml:14513 msgid "" "These are the traditional sorts of help that academics regularly draw " "upon. But in addition to them, the Internet has made it possible to receive " @@ -18386,7 +18953,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14394 +#: freeculture.xml:14533 msgid "" "Richard Stallman and Michael Carroll each read the whole book in draft, and " "each provided extremely helpful correction and advice. Michael helped me to " @@ -18397,7 +18964,7 @@ msgid "" msgstr "" #. type: Content of: <book><chapter><para> -#: freeculture.xml:14403 +#: freeculture.xml:14542 msgid "" "Finally, and forever, I am thankful to Bettina, who has always insisted that " "there would be unending happiness away from these battles, and who has "