X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/f00ce58f655dd2f5d45a419fd7cb8ce8c2eedc5a..b8830e24eee8650d7e2a693bbdcaeca5f1cee7e8:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index e3c59c8..37be603 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -135,7 +135,7 @@ Appeals. 2003063276 - + @@ -274,7 +274,7 @@ author's rights is appreciated. - + To Eric Eldred—whose work first drew me to this cause, and for whom it continues still. @@ -379,7 +379,7 @@ 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. @@ -472,7 +472,7 @@ like Stallman, I believe those are values of our past that will need to be defended in our future. A free culture has been our past, but it will only be our future if we change the path we are on right now. - + Like Stallman's arguments for free software, an argument for free culture stumbles on a confusion that is hard to avoid, and even harder to understand. A free culture is not a culture without property; it is not @@ -583,7 +583,7 @@ Goldstein, Real Property (Mineola, N.Y.: Foundation Press 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 dither. Other justices would have blathered on for pages to reach the - + conclusion that Douglas holds in a single line: "Common sense revolts at the idea." But whether it takes pages or a few words, it is the special genius of a common law system, as ours is, that the law adjusts to the @@ -671,7 +671,7 @@ was working for RCA. RCA was the dominant player in the then dominant AM radio market. By 1935, there were a thousand radio stations across the United States, but the stations in large cities were all owned by a handful of networks. - + RCA's president, David Sarnoff, a friend of Armstrong's, was eager @@ -770,7 +770,7 @@ the government to protect it. The rhetoric of this protection is of course always public spirited; the reality is something different. Ideas that were as solid as rock in one age, but that, left to themselves, would crumble in - + another, are sustained through this subtle corruption of our political process. RCA had what the Causbys did not: the power to stifle the effect of technological change. @@ -1018,7 +1018,7 @@ Wright brothers technology, most of us are simply unsympathetic. Common sense does not revolt. Unlike in the case of the unlucky Causbys, common sense is on the side of the property owners in this war. Unlike - + the lucky Wright brothers, the Internet has not inspired a revolution on its side. @@ -1227,6 +1227,7 @@ Byzantine complexity that copyright law has become. It was just one more expense of doing business. Florida, Richard +Rise of the Creative Class, The (Florida) 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 @@ -1244,17 +1245,20 @@ commercial and noncommercial creativity, the law burdens this creativity with insanely complex and vague rules and with the threat of obscenely severe penalties. We may -be seeing, as Richard Florida writes, the "Rise of the Creative Class." +be seeing, as Richard Florida writes, the "Rise of the Creative +Class." -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. +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. + Florida, Richard +Rise of the Creative Class, The (Florida) Unfortunately, we are also seeing an extraordinary rise of regulation of this creative class. @@ -2592,6 +2596,10 @@ quipped to me in a rare moment of despondence. CHAPTER THREE: Catalogs +RPIRensselaer Polytechnic Institute (RPI) + + Rensselaer Polytechnic Institute (RPI) + In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as a freshman at Rensselaer Polytechnic Institute, in Troy, New York. @@ -2729,6 +2737,7 @@ Suit Alleges $97.8 Billion in Damages," Professional Media Group LCC< (2003): 5, available at 2003 WL 55179443. + Jesse called his parents. They were supportive but a bit frightened. An uncle was a lawyer. He began negotiations with the RIAA. They @@ -2912,6 +2921,7 @@ how requires a bit of detail about the way the law regulates music. Fourneaux, Henri +Russel, Phil At the time that Edison and Henri Fourneaux invented machines for reproducing music (Edison the phonograph, Fourneaux the player @@ -4697,6 +4707,7 @@ under the Statute of Anne. Mark Rose, Authors and Owners (Cambridge: Harvard University Press, 1993), 92. +Rose, Mark Donaldson's publishing house prospered @@ -6264,6 +6275,7 @@ the changing technology of the Internet has not had a profound effect on the content industry's way of doing business, or as John Seely Brown describes it, its "architecture of revenue." +railroad industry But just because a particular interest asks for government support, it doesn't follow that support should be granted. And just because @@ -6861,6 +6873,7 @@ derivative works. See Jed Rubenfeld, "The Freedom of Imagination: Copyright's Constitutionality," Yale Law Journal 112 (2002): 1–60 (see especially pp. 53–59). +Rubenfeld, Jeb These two different uses of my creative work are treated the same. @@ -7452,9 +7465,16 @@ often crazy. To see the point in a particularly absurd context, consider a favorite story of mine that makes the same point. - + Aibo robotic dog + + robotic dog + + + Sony + Aibo robotic dog produced by + Consider the robotic dog made by Sony named "Aibo." The Aibo learns tricks, cuddles, and follows you around. It eats only electricity @@ -7478,16 +7498,18 @@ was giving information to users of the Aibo pet about how to hack their computer "dog" to make it do new tricks (thus, aibohack.com). -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 +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. Some hacks are easy. Some are unbelievably hard. Hackers as a @@ -7503,7 +7525,9 @@ dance jazz. The dog wasn't programmed to dance jazz. It was a clever bit of tinkering that turned the dog into a more talented creature than Sony had built. - + + + 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, @@ -7590,6 +7614,16 @@ academic essay, unintelligible to most people. But it clearly showed the weakness in the SDMI system, and why SDMI would not, as presently constituted, succeed. + + Aibo robotic dog + + + robotic dog + + + Sony + Aibo robotic dog produced by + What links these two, aibopet.com and Felten, is the letters they then received. Aibopet.com received a letter from Sony about the @@ -7603,6 +7637,9 @@ AIBO-ware's copy protection protocol constituting a violation of the anti-circumvention provisions of the Digital Millennium Copyright Act. + + + And though an academic paper describing the weakness in a system of encryption should also be perfectly legal, Felten received a letter @@ -7649,6 +7686,12 @@ measures. It was designed to ban those devices, whether or not the use of the copyrighted material made possible by that circumvention would have been a copyright violation. +Aibo robotic dog +robotic dog + + Sony + Aibo robotic dog produced by + Aibopet.com and Felten make the point. The Aibo hack circumvented a copyright protection system for the purpose of enabling the dog to @@ -7669,6 +7712,7 @@ suggested, Felten himself was distributing a circumvention technology. Thus, even though he was not himself infringing anyone's copyright, his academic paper was enabling others to infringe others' copyright. +Rogers, Fred 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 @@ -7701,6 +7745,7 @@ important. 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 (New York: W. W. Norton, 1987), 270–71. +Rogers, Fred @@ -7747,6 +7792,12 @@ technologies absolutely, despite the potential that they might do some good, but permits guns, despite the obvious and tragic harm they do. Conrad, Paul +Aibo robotic dog +robotic dog + + Sony + Aibo robotic dog produced by + The Aibo and RIAA examples demonstrate how copyright owners are changing the balance that copyright law grants. Using code, copyright @@ -9103,6 +9154,7 @@ 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. +Roberts, Michael 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 @@ -11221,6 +11273,7 @@ finally, former solicitor general Charles Fried. Fried, Charles Morrison, Alan Public Citizen +Reagan, Ronald Fried was a special victory for our side. Every other former solicitor @@ -11382,7 +11435,7 @@ should not now say that practice is unconstitutional. There was some truth to the government's claim, but not much. We -certainly agreed that Congress had extended existing terms in +certainly agreed that Congress had extended existing terms in 1831 and in 1909. And of course, in 1962, Congress began extending existing terms regularly—eleven times in forty years. @@ -11421,6 +11474,7 @@ were an effective practice; I found ways to take every question back to this central idea. Ayer, Don +Reagan, Ronald One moot was before the lawyers at Jones Day. Don Ayer was the skeptic. He had served in the Reagan Justice Department with Solicitor @@ -12510,6 +12564,7 @@ hypocrisy reeks. Yet in a city like Washington, hypocrisy is not even noticed. Powerful lobbies, complex issues, and MTV attention spans produce the "perfect storm" for free culture. +Reagan, Ronald In August 2003, a fight broke out in the United States about a decision by the World Intellectual Property Organization to cancel a @@ -13417,6 +13472,7 @@ well. Wayner, Peter Public Enemy +rap music These are examples of using the Commons to better spread proprietary content. I believe that is a wonderful and common use of the @@ -14485,7 +14541,7 @@ alive, you will be redirected to that link. If the original link has disappeared, you will be redirected to an appropriate reference for the material. - + @@ -14496,6 +14552,7 @@ began when I read of Eric Eldred's war to keep books free. Eldred's work helped launch a movement, the free culture movement, and it is to him that this book is dedicated. +Rose, Mark I received guidance in various places from friends and academics, including Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner, @@ -14514,7 +14571,7 @@ 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 prepare this book: Joi Ito, Takayuki Matsutani, Naoto Misaki, Michihiro Sasaki, Hiromichi Tanaka, Hiroo Yamagata, and Yoshihiro - + Yonezawa. I am thankful as well as to Professor Nobuhiro Nakayama, and the Tokyo University Business Law Center, for giving me the chance to spend time in Japan, and to Tadashi Shiraishi and Kiyokazu @@ -14555,7 +14612,7 @@ insisted that there would be unending happiness away from these battles, and who has always been right. This slow learner is, as ever, grateful for her perpetual patience and love. - +