X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/e8450abf4544e246bfada99e6ef72350dc2833a2..2cfe8acad639945ae30c388a0f041391107b5212:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 43b635e..a1d4670 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -1,10 +1,10 @@ + by Petter Reinholdtsen 2012-2015 with input from Martin Borg. --> How big media uses technology and the law to lock down culture and control creativity - 2004-03-25 + 2015-09-04 1 @@ -158,28 +158,22 @@ Also by Lawrence Lessig - -The USA is lesterland: The nature of congressional corruption +The USA is lesterland: The nature of congressional corruption (2014) - -Republic, lost: How money corrupts Congress - and a plan to stop it +Republic, lost: How money corrupts Congress - and a plan to stop it (2011) - -Remix: Making art and commerce thrive in the hybrid economy +Remix: Making art and commerce thrive in the hybrid economy (2008) - -Code: Version 2.0 +Code: Version 2.0 (2006) - -The Future of Ideas: The Fate of the Commons in a Connected World +The Future of Ideas: The Fate of the Commons in a Connected World (2001) - -Code: And Other Laws of Cyberspace +Code: And Other Laws of Cyberspace (1999) @@ -765,6 +759,7 @@ has introduced. Barlow, Joel +culturefree culture culturecommercial vs. noncommercial Webster, Noah @@ -943,7 +938,7 @@ independent. We have built a kind of cultural nobility; those within the noble class live easily; those outside it don't. But it is nobility of any form that is alien to our tradition. - + The story that follows is about this war. It is not about the centrality of technology to ordinary life. I don't believe in gods, @@ -1150,6 +1145,7 @@ piracy. ASCAP Dreyfuss, Rochelle Girl Scouts +creative propertyintellectual property rights creative propertyif value, then right theory of if value, then right theory @@ -1186,6 +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 @@ -1434,6 +1431,7 @@ culture around us and makes it something different. +copyrightcopyright law copyrightduration of public domaindefined public domaintraditional term for conversion to @@ -2283,8 +2281,6 @@ your hoops. They actually needed to use a language that they didn't speak very well. But they had come to understand that they had a lot of power with this language. - @@ -2315,6 +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 @@ -2362,6 +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 @@ -2735,13 +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 , @@ -3024,6 +3025,9 @@ now.
Film +Hollywood film industryfilm industry +Hollywood film industry +patentson film technology The film industry of Hollywood was built by fleeing pirates. @@ -3101,6 +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 @@ -3111,6 +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 @@ -3360,6 +3366,7 @@ As I described above, the law gives the composer (or copyright holder) an exclusive right to public performances of his work. The radio station thus owes the composer money for that performance. +radiomusic recordings played on But when the radio station plays a record, it is not only performing a copy of the composer's work. The radio station is @@ -3401,6 +3408,7 @@ the sale of her CDs. The public performance of her recording is not a her anything. + No doubt, one might argue that, on balance, the recording artists @@ -3709,6 +3717,7 @@ permission of a property owner. That is exactly what property mea Asia, commercial piracy in piracyin Asia +open-source softwarefree software/open-source software (FS/OSS) free software/open-source software (FS/OSS) GNU/Linux operating system Linux operating system @@ -3809,6 +3818,7 @@ author of his profit. Fanning, Shawn +innovationcreativity innovation Napster Peer-to-peer sharing was made famous by Napster. But the inventors of @@ -4133,6 +4143,7 @@ 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 @@ -4315,6 +4326,7 @@ companies the right to the content, so long as they paid the statutory price. +copyright lawtwo central goals of @@ -4338,6 +4350,7 @@ 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 @@ -4410,6 +4423,7 @@ 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 @@ -5946,6 +5960,7 @@ 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, @@ -5986,6 +6001,7 @@ 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 @@ -6253,12 +6269,14 @@ 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 @@ -6288,6 +6306,7 @@ in the United States: Walt Disney, Sony Pictures Entertainment, MGM, Paramount Pictures, Twentieth Century Fox, Universal Studios, and Warner Brothers. +Valenti, Jackbackground of Valenti is only the third president of the MPAA. No president before @@ -6357,6 +6376,7 @@ 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, @@ -6997,12 +7017,16 @@ 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 @@ -7205,6 +7229,7 @@ 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 @@ -8613,6 +8638,7 @@ Molly Ivins, Media Consolidation Must Be Stopped, Char 31 May 2003. +radioownership consolidation in The story with radio is even more dramatic. Before deregulation, the nation's largest radio broadcasting conglomerate owned fewer than @@ -8661,6 +8687,7 @@ James Fallows, The Age of Murdoch, Atlantic Monthly + The pattern with Murdoch is the pattern of modern media. Not just large companies owning many radio stations, but a few companies @@ -8835,6 +8862,7 @@ 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 @@ -10239,6 +10267,8 @@ the story of the demise of Internet radio. artistsrecording industry payments to Kennedy, John F. +Monroe, Marilyn +radiomusic recordings played on @@ -10263,6 +10293,7 @@ than with the power of radio stations: Their lobbyists were quite good at stopping any efforts to get Congress to require compensation to the recording artists. + Enter Internet radio. Like regular radio, Internet radio is a technology to stream content from a broadcaster to a listener. The @@ -11547,6 +11578,7 @@ of Petitioners, Eldred v. Ashcroft +Kahle, Brewster Think practically about the consequence of this extension—practically, @@ -11804,6 +11836,7 @@ 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 +11878,7 @@ 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 +11984,7 @@ 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 +12009,7 @@ 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 +12135,7 @@ 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 +12364,7 @@ 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 @@ -13662,6 +13700,7 @@ its lobbying efforts. Boland, Lois +Patent and Trademark Office, U.S. What was surprising was the United States government's reason for opposing the meeting. Again, as reported by Krim, Lois Boland, acting @@ -13719,7 +13758,7 @@ 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. -Boland, Lois +Boland, Lois 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 @@ -13793,7 +13832,7 @@ mistake. I have no illusion about the extremism of our government, whether Republican or Democrat. My only illusion apparently is about whether our government should speak the truth or not.) - + Obviously, however, the poster was not supporting that idea. Instead, the poster was ridiculing the very idea that in the real world, the @@ -13827,6 +13866,7 @@ something more than the handmaiden of the most powerful interests. It might be crazy to argue that we should preserve a tradition that has been part of our tradition for most of our history—free culture. + If this is crazy, then let there be more crazies. Soon. @@ -13977,6 +14017,7 @@ potential is ever to be realized. Afterword +copyrightvoluntary reform efforts on @@ -13997,6 +14038,8 @@ authors, musicians, filmmakers, scientists—all to tell this story in their own words, and to tell their neighbors why this battle is so important. +RCA + 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 @@ -14008,6 +14051,7 @@ sketch changes that Congress could make to better secure a free culture.
Us, now +copyrightvoluntary reform efforts on Common sense is with the copyright warriors because the debate so far has been framed at the @@ -14452,9 +14496,10 @@ downloads increased, the used book price for his book increased, as well. +Leaphart, Walter Public Enemy + rap music -Leaphart, Walter These are examples of using the Commons to better spread proprietary content. I believe that is a wonderful and common use of the @@ -15627,58 +15672,8 @@ grateful for her perpetual patience and love. - - - Quotes - - -Free Culture is an entertaining and -important look at the past and future of the cold war between the -media industry and new technologies. — Marc Andreessen, -cofounder of Netscape - - - -America needs a national conversation about the way in which -so-called intellectual property rights have come to -dominate the rights of scholars, researchers, and everyday citizens. A -copyright cartel, bidding for absolute control over digital worlds, -music, and movies, now has a veto over technological innovation and -has halted most contributions to the public domain from which so many -have benefited. The patent system has spun out of control, giving -enormous power to entrenched interests, and even trademarks are being -misused. Lawrence Lessig's latest book is essential reading for anyone -who want to join this conversation. He explains how technology and the -law are robbing us of the public domain; but for all his educated -pessimism, Professor Lessig offers some solutions, too, because he -recognizes that technology can be the catalyst for freedom. If you -care about the future of innovation, read this book. — -Dan Gillmor, author of Making the -News, an upcoming book on the collision of media and -technology - - - -Free Culture goes beyond illuminating -the catastrophe to our culture of increasing regulation to show -examples of how we can make a different future. These new-style heroes -and examples are rooted in the traditions of the founding fathers in -ways that seem obvious after reading this book. Recommended reading to -those trying to unravel the shrill hype around intellectual -property. — Brewster Kahle, founder of the -Internet Archive - - - - - - - + + About this edition This edition of Free Culture is the result of three years of volunteer work. The idea came from a discussion I had @@ -15704,39 +15699,43 @@ volunteers went out to help me with the translation. -Several people joined, and Anders Hagen Jarmund, Kirill Miazine and -Odd Kleiva assisted with the initial translation. Ralph Amissah and -his SiSu version provided index entries. Morten Sickel and Alexander -Alemayhu helped with the figures, redrawing some of the bitmaps as -vector images. Wivi Reinholdtsen, Ingrid Yrvin and Johannes Larsen -did very valuable proofreading. HÃ¥kon Wium Lie helped me track down a +Several people joined, and Anders Hagen Jarmund, Kirill Miazine, Odd +Kleiva, Kjetil Kilhavn og Kjetil T. Homme assisted with the initial +translation. Ralph Amissah and his SiSu version provided index +entries. Morten Sickel and Alexander Alemayhu helped with the +figures, redrawing some of the bitmaps as vector images. Wivi +Reinholdtsen, Ingrid Yrvin, Johannes Larsen and Gisle Hannemyr did +very valuable proofreading. HÃ¥kon Wium Lie helped me track down a good replacement font without usage restrictions instead of the one in the original PDF. The PDF typesetting is done using dblatex, which we selected over the alternatives thanks to the invaluable and quick help from Benoît Guillon and Andreas Hoenen. Thomas Gramstad donated ISBN -numbers needed for distribution to book stores. The support of -Lawrence Lessig helped me to complete the project – I am very -thankful he had the original screen shots still available after 11 -years. +numbers needed for distribution to book stores. Marc Jeanmougin from +the inkscape community helped me replicate the original front cover. +The support of Lawrence Lessig helped me to complete the +project—I am very thankful he had the original screen shots +still available after 11 years. + + + +At the end of the project, when the translation was done and it was +time to publish, NUUG Foundation was asked and was willing to sponsor +books to members of the Norwegian parliament and other decision +makers. -I am also very grateful for my family for their patience with me in -this project. +In addition to these great contributors, I am very grateful to Mari +and my family for their patience with me in this project. -— Petter Reinholdtsen, Oslo 2015-08-27 +— Petter Reinholdtsen, Oslo 2015-09-07 - @@ -15781,7 +15780,19 @@ courtesy of the office of FCC Commissioner, Michael J. Copps. -Includes index. +Cover created by Petter Reinholdtsen using inkscape. + + + +The quotes on the cover came from +. + + + +Portrait on the cover was created 2013 by ActuaLitté and licensed +under a Creative Commons Attribution-ShareAlike 2.0 license. It was +downloaded from +. @@ -15813,6 +15824,15 @@ Classifications: Thomas Gramstad Forlag donated the ISBN numbers. + +Printing was sponsed by NUUG Foundation, +. + + + +Includes index. + + @@ -15822,6 +15842,12 @@ The Docbook source is available from Please report any issues with the book there. + + + + This book is licensed under a Creative Commons license. This license permits non-commercial use of this work, so long as attribution is @@ -15839,30 +15865,31 @@ to get the latest version. - ISBN Format / MIME-type + ISBN + US Trade edition from lulu.com 978-82-8067-010-6 - Digest size from lulu.com - 978-82-8067-011-3 application/pdf + 978-82-8067-011-3 - 978-82-8067-012-0 application/epub+zip + 978-82-8067-012-0 - 978-82-8067-013-7 application/x-mobipocket-ebook + 978-82-8067-013-7 +