X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/e5909bf41ef0d1edd253e52f0c2eb9679c52c314..6806858e7691da64c101303465c3571d7040de0f:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 652e871..667dc5a 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -6,8 +6,8 @@ * replace '. . .' with something else * quotes ? --> - @@ -1033,9 +1033,9 @@ to which most of us remain oblivious. - + "PIRACY" - + Mansfield, William Murray, Lord @@ -1195,9 +1195,10 @@ 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." + - + CHAPTER ONE: Creators In 1928, a cartoon character was born. An early Mickey Mouse @@ -1650,8 +1651,8 @@ free culture. It is becoming much less so. - - + + CHAPTER TWO: "Mere Copyists" Daguerre, Louis @@ -2511,8 +2512,8 @@ the law to close down that technology. chapter 9, quipped to me in a rare moment of despondence. - - + + CHAPTER THREE: Catalogs In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as @@ -2726,8 +2727,8 @@ pick on him. But he wants to let people know that they're sending the wrong message. And he wants to correct the record." - - + + CHAPTER FOUR: "Pirates" If "piracy" means using the creative property of others without @@ -2737,7 +2738,7 @@ the content industry is a history of piracy. Every important sector of kind of piracy so defined. The consistent story is how last generation's pirates join this generation's country club—until now. - +
Film The film industry of Hollywood was built by fleeing pirates. @@ -2823,8 +2824,8 @@ 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 The record industry was born of another kind of piracy, though to see @@ -3019,8 +3020,8 @@ this report. By limiting the rights musicians have, by partially pirating their creative work, the record producers, and the public, benefit. - - +
+
Radio Radio was also born of piracy. @@ -3096,8 +3097,8 @@ ordinarily gives the creator the right to make this choice. By making the choice for him or her, the law gives the radio station the right to take something for nothing. - - +
+
Cable TV @@ -3231,9 +3232,9 @@ could well be expanded. Every generation welcomes the pirates from the last. Every generation—until now. - - - +
+ + CHAPTER FIVE: "Piracy" There is piracy of copyrighted material. Lots of it. This piracy comes @@ -3253,7 +3254,7 @@ outright copying, and the law should account for that ambiguity, as it has so often done in the past. - +
Piracy I All across the world, but especially in Asia and Eastern Europe, there @@ -3391,6 +3392,11 @@ Microsoft, Microsoft benefits from 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. +Linux operating system + +Microsoft +Windows operating system of + Windows @@ -3413,6 +3419,7 @@ 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. +Linux operating system @@ -3451,8 +3458,8 @@ 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. - - +
+
Piracy II The key to the "piracy" that the law aims to quash is a use that "rob[s] @@ -3480,6 +3487,7 @@ 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. + Christensen, Clayton M. ), Shawn Fanning and crew had simply put together components that had been developed independently. @@ -4215,11 +4223,12 @@ arrest him?" it should be protected just as any other property is protected." - - +
 - + + "PROPERTY" + @@ -4293,9 +4302,10 @@ statement—"copyright material is property"— will be a bit more clear, and its implications will be revealed as quite different from the implications that the copyright warriors would have us draw. + - + CHAPTER SIX: Founders William Shakespeare wrote Romeo and Juliet in 1595. The play @@ -4793,8 +4803,8 @@ world where the Parliament is more pliant, free culture would be less protected. - - + + CHAPTER SEVEN: Recorders Jon Else is a filmmaker. He is best known for his documentaries and @@ -4990,8 +5000,8 @@ matured into a sword that interferes with any use, transformative or not. - - + + CHAPTER EIGHT: Transformers Allen, Paul Alben, Alex @@ -5347,8 +5357,8 @@ process is a process of paying lawyers—again a privilege, or perhaps a curse, reserved for the few. - - + + CHAPTER NINE: Collectors In April 1996, millions of "bots"—computer codes designed to @@ -5676,8 +5686,8 @@ someone's "property." And the law of property restricts the freedoms that Kahle and others would exercise. - - + + CHAPTER TEN: "Property" Jack Valenti has been the president of the Motion Picture Association @@ -6072,7 +6082,7 @@ of these groups might face. Commons, John R. - +
Why Hollywood Is Right The most obvious point that this model reveals is just why, or just @@ -6320,8 +6330,8 @@ for free culture that will be far more devastating than that this gnat will be lost. - - +
+
Beginnings America copied English copyright law. Actually, we copied and improved @@ -6400,8 +6410,8 @@ We will end here: Let me explain how. - - +
+
Law: Duration When the first Congress enacted laws to protect creative property, it @@ -6578,8 +6588,8 @@ Posner, "Indefinitely Renewable Copyright," loc. cit. - - +
+
Law: Scope The "scope" of a copyright is the range of rights granted by the law. @@ -6775,8 +6785,8 @@ derivative right is unjustified. My aim just now is much narrower: to make clear that this expansion is a significant change from the rights originally granted. - - +
+
Law and Architecture: Reach Whereas originally the law regulated only publishers, the change in @@ -7088,8 +7098,8 @@ balanced policy. The control of copyright is simply what private owners choose. In some contexts, at least, that fact is harmless. But in some contexts it is a recipe for disaster. - - +
+
Architecture and Law: Force The disappearance of unregulated uses would be change enough, but a @@ -7705,8 +7715,8 @@ which you traveled at every moment that you drove; that would be just one step before the state started issuing tickets based upon the data you transmitted. That is, in effect, what is happening here. - - +
+
Market: Concentration So copyright's duration has increased dramatically—tripled in @@ -8099,8 +8109,8 @@ matters. You might like the positions the handful of companies selects. But you should not like a world in which a mere few get to decide which issues the rest of us get to know about. - - +
+
Together There is something innocent and obvious about the claim of the @@ -8410,14 +8420,14 @@ which creation requires permission and creativity must check with a lawyer. - - +
 - + + PUZZLES - + - + CHAPTER ELEVEN: Chimera chimeras @@ -8696,8 +8706,8 @@ and will kill opportunities that could be extraordinarily valuable. - - + + CHAPTER TWELVE: Harms @@ -8737,7 +8747,7 @@ confident the third is unintended. I'm less sure about the first two. The first two protect modern RCAs, but there is no Howard Armstrong in the wings to fight today's monopolists of culture. - +
Constraining Creators In the next ten years we will see an explosion of digital @@ -8935,8 +8945,8 @@ 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. - - +
+
Constraining Innovators The story of the last section was a crunchy-lefty @@ -9588,8 +9598,8 @@ or the left, who should endorse this use of the law. And yet there is practically no one, on either the right or the left, who is doing anything effective to prevent it. - - +
+
Corrupting Citizens Overregulation stifles creativity. It smothers innovation. It gives @@ -10008,11 +10018,12 @@ effort through our democracy to change our law? - - +
 - + + BALANCES + @@ -10064,9 +10075,10 @@ brace of efforts, so far failed, to find a way to refocus this debate. We must understand these failures if we're to understand what success will require. + - + CHAPTER THIRTEEN: Eldred In 1995, a father was frustrated that his daughters didn't seem to @@ -11032,6 +11044,7 @@ copyright scholars and one by First 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. +Linux operating system Eagle Forum @@ -11704,8 +11717,8 @@ fathered, the Supreme Court effectively renounced that commitment. A better lawyer would have made them see differently. - - + + CHAPTER FOURTEEN: Eldred II The day Eldred was decided, fate would have it that I was to travel to @@ -12093,10 +12106,11 @@ owner and gain permission to build upon his work. The future will be controlled by this dead (and often unfindable) hand of the past. - - + + CONCLUSION + There are more than 35 million people with the AIDS virus worldwide. Twenty-five million of them live in sub-Saharan Africa. @@ -12479,6 +12493,7 @@ Model, discussion at New York University Stern School of Business (3 May 2001), available at link #63. +Linux operating system More important for our purposes, to support "open source and free @@ -12812,9 +12827,12 @@ potential is ever to be realized. - - + + + + AFTERWORD + @@ -12844,7 +12862,7 @@ sketch changes that Congress could make to better secure a free culture. - +
US, NOW Common sense is with the copyright warriors because the debate so far @@ -12897,7 +12915,7 @@ way to restore a set of freedoms that we could just take for granted before. - +
Rebuilding Freedoms Previously Presumed: Examples If you step back from the battle I've been describing here, you will @@ -13025,6 +13043,7 @@ 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. +Linux operating system Stallman's technique was to use copyright law to build a world of @@ -13124,8 +13143,8 @@ presumptively a good—especially when it helps spread knowledge and science. - - +
+
Rebuilding Free Culture: One Idea Creative Commons @@ -13313,9 +13332,9 @@ creativity to spread more easily. - - - +
+
+
THEM, SOON We will not reclaim a free culture by individual action alone. It will @@ -13331,7 +13350,7 @@ is a step, not an end. But any of these steps would carry us a long way to our end. - +
1. More Formalities If you buy a house, you have to record the sale in a deed. If you buy land @@ -13396,7 +13415,7 @@ developed by others. - +
REGISTRATION AND RENEWAL Under the old system, a copyright owner had to file a registration @@ -13444,8 +13463,8 @@ formality—while producing a database of registrations that would facilitate the licensing of content. - - +
+
MARKING It used to be that the failure to include a copyright notice on a @@ -13535,9 +13554,9 @@ that assertion at the appropriate time. - - - +
+
+
2. Shorter Terms The term of copyright has gone from fourteen years to ninety-five @@ -13640,8 +13659,8 @@ a more generous copyright law than Richard Nixon presided over? - - +
+
3. Free Use Vs. Fair Use As I observed at the beginning of this book, property law originally @@ -13752,9 +13771,9 @@ certain statutory conditions. Either way, the effect would be to free a great deal of culture to others to cultivate. And under a statutory rights regime, that reuse would earn artists more income. - +
- +
4. Liberate the Music—Again The battle that got this whole war going was about music, so it @@ -14167,9 +14186,9 @@ be on finding ways to break the Internet. Our focus until we're there should be on how to make sure the artists are paid, while protecting the space for innovation and creativity that the Internet is. - +
- +
5. Fire Lots of Lawyers I'm a lawyer. I make lawyers for a living. I believe in the law. I believe @@ -14290,9 +14309,11 @@ needed. Show me how it does good. And until you can show me both, keep your lawyers away. - - - +
+
+ + + NOTES