X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/e0692143ce92568e920a42a2b11508bd3faebe63..7c5093f595d51e1bb8ee91aaf78ab88f60c84c67:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index d6a2ed0..2835d8d 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -759,6 +759,7 @@ has introduced. Barlow, Joel +culturefree culture culturecommercial vs. noncommercial Webster, Noah @@ -1144,6 +1145,7 @@ piracy. ASCAP Dreyfuss, Rochelle Girl Scouts +creative propertyintellectual property rights creative propertyif value, then right theory of if value, then right theory @@ -1180,6 +1182,7 @@ creative property. It has never taken hold within our law. copyright lawon republishing vs. transformation of original work +creativityinnovation creativitylegal restrictions on Instead, in our tradition, intellectual property is an instrument. It @@ -1428,6 +1431,7 @@ culture around us and makes it something different. +copyrightcopyright law copyrightduration of public domaindefined public domaintraditional term for conversion to @@ -2307,6 +2311,9 @@ entertainment is tragedy. ABC CBS +Cyber Rights (Godwin) +Godwin, Mike +Internetnews events on 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 @@ -2354,6 +2361,7 @@ 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. + political discourse Internetpublic discourse conducted on @@ -2727,13 +2735,14 @@ natural 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. - 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 spread that creativity everywhere. But we're building the law to close down that technology. +Kahle, Brewster + No way to run a culture, as Brewster Kahle, whom we'll meet in chapter , @@ -3016,6 +3025,9 @@ now.
Film +Hollywood film industryfilm industry +Hollywood film industry +patentson film technology The film industry of Hollywood was built by fleeing pirates. @@ -3093,6 +3105,7 @@ filmmakers there could pirate his inventions without fear of the law. And the leaders of Hollywood filmmaking, Fox most prominently, did just that. + Of course, California grew quickly, and the effective enforcement of federal law eventually spread west. But because patents grant the @@ -3103,6 +3116,7 @@ time), by the time enough federal marshals appeared, the patents had expired. A new industry had been born, in part from the piracy of Edison's creative property. +
Recorded Music @@ -3804,6 +3818,7 @@ author of his profit. Fanning, Shawn +innovationcreativity innovation Napster Peer-to-peer sharing was made famous by Napster. But the inventors of @@ -3973,6 +3988,7 @@ cassette recording is a good example. As a study by Cap Gemini Ernst technology, the labels fought it. cassette recording +DAT (digital audio tape) 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 @@ -4128,6 +4144,7 @@ publisher or the distributor has decided it no longer makes economic sense to the company to make it available. booksresales of +used record sales In real space—long before the Internet—the market had a simple @@ -4310,6 +4327,7 @@ companies the right to the content, so long as they paid the statutory price. +copyright lawtwo central goals of @@ -4333,6 +4351,7 @@ Congress chose a path that would assure Betamax cassette recordingVCRs +SonyBetamax technology developed by In the same year that Congress struck this balance, two major producers and distributors of film content filed a lawsuit against @@ -4364,6 +4383,7 @@ for the architecture it chose. Congress, U.S.on copyright laws Congress, U.S.on VCR technology +Valenti, Jackon VCR technology MPAA president Jack Valenti became the studios' most vocal champion. Valenti called VCRs tapeworms. He warned, When there are @@ -4405,6 +4425,7 @@ of Jack Valenti). + It took eight years for this case to be resolved by the Supreme Court. In the interim, the Ninth Circuit Court of Appeals, which @@ -4423,6 +4444,7 @@ technology. Kozinski, Alex + But the Supreme Court reversed the decision of the Ninth Circuit. @@ -4498,6 +4520,7 @@ together, a pattern is clear: In each case throughout our history, a new technology changed the way content was distributed. +DAT (digital audio tape) 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, @@ -5941,6 +5964,7 @@ perhaps, you also have the power to find what you don't remember and what others might prefer you forget. Iraq war +Kahle, Brewster White House press releases The temptations remain, however. Brewster Kahle reports that the White House changes its own press releases without notice. A May 13, 2003, @@ -5981,6 +6005,7 @@ think that we have scads of archives of newspapers from tiny towns around the world, yet there is but one copy of the Internet—the one kept by the Internet Archive. +Kahle, Brewster Brewster Kahle is the founder of the Internet Archive. He was a very successful Internet entrepreneur after he was a successful computer @@ -6248,12 +6273,14 @@ someone's property. And the law of property restricts the freedom that Kahle and others would exercise. + Chapter Ten: <quote>Property</quote> Johnson, Lyndon Kennedy, John F. +Valenti, Jackbackground of Jack Valenti has been the president of the Motion Picture Association of America since 1966. He first came @@ -6352,6 +6379,7 @@ 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. + While creative property is certainly property in a nerdy and precise sense that lawyers are trained to understand, @@ -6992,12 +7020,16 @@ 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, section 8, clause 8 of our Constitution states that: +
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 @@ -7200,6 +7232,7 @@ from 14 years to 28 years. In the next fifty years of the Republic, the term increased once again. In 1909, Congress extended the renewal term of 14 years to 28 years, setting a maximum term of 56 years. +CTEASonny Bono Copyright Term Extension Act (CTEA) (1998) Sonny Bono Copyright Term Extension Act (CTEA) (1998) public domainfuture patents vs. future copyrights in @@ -8780,6 +8813,7 @@ Moyers, 25 April 2003, edited transcript available at +democracymedia concentration and This narrowing has an effect on what is produced. The product of such large and concentrated networks is increasingly homogenous. @@ -8832,6 +8866,7 @@ In addition to the copyright wars, we're in the middle of the drug wars. Government policy is strongly directed against the drug cartels; criminal and civil courts are filled with the consequences of this battle. +criminal justice system Let me hereby disqualify myself from any possible appointment to any position in government by saying I believe this war is a profound @@ -9613,6 +9648,8 @@ statement. You could write a poem to express your love, or you could weave together a string—a mash-up— of songs from your favorite artists in a collage and make it available on the Net. +democracydigital sharing within +Kodak cameras This digital capturing and sharing is in part an extension of the capturing and sharing that has always been integral to our culture, @@ -9676,7 +9713,8 @@ negligently removes the wrong leg in an operation would be liable for no more than $250,000 in damages for pain and suffering. - The bill, modeled after California's tort reform model, was passed in the + +The bill, modeled after California's tort reform model, was passed in the House of Representatives but defeated in a Senate vote in July 2003. For an overview, see Tanya Albert, Measure Stalls in Senate: `We'll Be Back,' Say Tort Reformers, amednews.com, 28 July 2003, available at @@ -9685,6 +9723,7 @@ and Senate Turns Back Malpractice Caps, CBSNews.com, 9 July 2003, available at link #39. President Bush has continued to urge tort reform in recent months. +tort reform Bush, George W. Can common sense recognize the absurdity in a world where @@ -11153,6 +11192,7 @@ Sonny Bono, who, his widow, Mary Bono, says, believed that Bono, Mary Bono, Sonny +Valenti, Jackperpetual copyright term proposed by The full text is: Sonny [Bono] wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution. I invite all of you to work with me to @@ -11547,6 +11587,7 @@ of Petitioners, Eldred v. Ashcroft +Kahle, Brewster Think practically about the consequence of this extension—practically, @@ -11804,6 +11845,7 @@ would not have interfered with anything. But this situation has now changed. +Kahle, Brewster archives, digital One crucially important consequence of the emergence of digital @@ -11845,6 +11887,7 @@ 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? + Maybe. Someday. But there is absolutely no evidence to suggest that publishers would be as complete as libraries. If Barnes & Noble @@ -11950,6 +11993,7 @@ retell this story to myself, I can never escape believing that my own mistake lost it. Steward, Geoffrey +Jones, Day, Reavis and Pogue (Jones Day) The mistake was made early, though it became obvious only at the very end. Our case had been supported @@ -11974,6 +12018,7 @@ Court. It had to seem as if dramatic harm were being done to free speech and free culture; otherwise, they would never vote against the most powerful media companies in the world. + 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 @@ -12099,6 +12144,7 @@ to describe special-interest legislation gone wild. Morrison, Alan Public Citizen Reagan, Ronald +Jones, Day, Reavis and Pogue (Jones Day) 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 @@ -12327,6 +12373,7 @@ this central idea. Ayer, Don Reagan, Ronald Fried, Charles +Jones, Day, Reavis and Pogue (Jones Day) One moot was before the lawyers at Jones Day. Don Ayer was the skeptic. He had served in the Reagan Justice Department with Solicitor @@ -12821,6 +12868,8 @@ Congress allows for those works where its worth is at least $1. But for everything else, let the content go. Forbes, Steve +Democratic Party +Republican Party The reaction to this idea was amazingly strong. Steve Forbes endorsed it in an editorial. I received an avalanche of e-mail and letters @@ -13039,6 +13088,7 @@ introduced. On May 16, I posted on the Eldred Act blog, we are close. There was a general reaction in the blog community that something good might happen here. +Valenti, JackEldred Act opposed by But at this stage, the lobbyists began to intervene. Jack Valenti and the MPAA general counsel came to the congresswoman's office to give @@ -15291,6 +15341,8 @@ controlling access. artistsrecording industry payments to +semiotic democracy +democracysemiotic 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