X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/f4d5ec3485963c3f4b47a2b4c48b2710609997ac..fbc600bd4968389d2770732cde2f4c430f49dec6:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 035353c..54531b1 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -4304,7 +4304,7 @@ Congress chose a path that would assure -Betamax +Betamax cassette recordingVCRs In the same year that Congress struck this balance, two major @@ -4377,6 +4377,7 @@ Copyright Infringements (Audio and Video Recorders), 485 (testimony 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 @@ -6464,7 +6465,7 @@ weaken the right or regulation. I represented it with this diagram:
How four different modalities of regulation interact to support or weaken the right or regulation. - +
Madonna @@ -6593,7 +6594,8 @@ driving.
Law has a special role in affecting the three. - + +
architecture, constraint effected through @@ -6656,7 +6658,8 @@ Internet:
Copyright's regulation before the Internet. - + +
architecture, constraint effected through lawas constraint modality @@ -6701,7 +6704,8 @@ looting that results.
effective state of anarchy after the Internet. - + +
Commerce, U.S. Department of regulationas establishment protectionism @@ -7024,14 +7028,14 @@ started here:
Copyright's regulation before the Internet. - +
We will end here:
<quote>Copyright</quote> today. - +
Let me explain how. @@ -7526,7 +7530,7 @@ empty circle.
All potential uses of a book. - +
booksthree types of uses of copyright lawcopies as core issue of @@ -7550,7 +7554,7 @@ acts do not make a copy.
Examples of unregulated uses of a book. - +
Obviously, however, some uses of a copyrighted book are regulated @@ -7571,7 +7575,7 @@ that remain unregulated because the law considers these fair uses.
Republishing stands at the core of this circle of possible uses of a copyrighted work. - +
Constitution, U.S.First Amendment to First Amendment @@ -7587,12 +7591,12 @@ for public policy (and possibly First Amendment) reasons.
Unregulated copying considered <quote>fair uses.</quote> - +
Uses that before were presumptively unregulated are now presumptively regulated. - +
copyrightusage restrictions attached to @@ -7930,7 +7934,7 @@ a button at the bottom called Permissions.
Picture of an old version of Adobe eBook Reader - +
If you click on the Permissions button, you'll see a list of the @@ -7938,7 +7942,7 @@ permissions that the publisher purports to grant with this book.
List of the permissions that the publisher purports to grant. - +
@@ -7957,7 +7961,7 @@ translation): Aristotle's Politics.
E-book of Aristotle;s <quote>Politics</quote> - +
According to its permissions, no printing or copying is permitted @@ -7966,7 +7970,7 @@ the book.
List of the permissions for Aristotle;s <quote>Politics</quote>. - +
Future of Ideas, The (Lessig) Lessig, Lawrence @@ -7978,7 +7982,7 @@ Ideas:
List of the permissions for <quote>The Future of Ideas</quote>. - +
No copying, no printing, and don't you dare try to listen to this book! @@ -8064,7 +8068,7 @@ following report:
List of the permissions for <quote>Alice's Adventures in Wonderland</quote>. - +
@@ -8413,7 +8417,7 @@ and bad uses.
VCR/handgun cartoon. - +
Conrad, Paul @@ -8536,7 +8540,7 @@ media. Before this change happened, the different forms of media were owned by separate media companies. Now, the media is increasingly owned by only a few companies. Indeed, after the changes that the FCC announced in June 2003, most expect that within a few years, we will -live in a world where just three companies control more than percent +live in a world where just three companies control more than 85 percent of the media. @@ -8627,7 +8631,7 @@ pattern better than a thousand words could do:
Pattern of modern media ownership. - +
@@ -8819,6 +8823,9 @@ depend fundamentally upon the press to help inform Americans about these issues. advertising +commercials +televisionadvertising on +Nick and Norm anti-drug campaign Beginning in 1998, the Office of National Drug Control Policy launched a media campaign as part of the war on drugs. The campaign produced @@ -8848,6 +8855,10 @@ money. Assume a group of concerned citizens donates all the money in the world to help you get your message out. Can you be sure your message will be heard then? +Constitution, U.S.First Amendment to +First Amendment +Supreme Court, U.S.on television advertising bans +televisioncontroversy avoided by No. You cannot. Television stations have a general policy of avoiding controversial ads. Ads sponsored by the government are deemed @@ -8874,24 +8885,29 @@ without reviewing them. The local ABC affiliate, WJOA, originally agreed to run the ads and accepted payment to do so, but later decided not to run the ads and returned 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 +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 -link #32. The ground -was that the criticism was too controversial. +diesel buses. Phillip Matier and Andrew Ross, Antidiesel Group +Fuming After Muni Rejects Ad, SFGate.com, 16 June 2003, +available at link +#32. The ground was that the criticism was too +controversial. + + 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 @@ -10013,7 +10029,7 @@ creativity generally. Free market and free culture depend upon vibrant competition. Yet the effect of the law today is to stifle just this kind of competition. The effect is to produce an overregulated culture, just as the effect of too much control in the market is to -produce an overregulatedregulated market. +produce an overregulated-regulated market. The building of a permission culture, rather than a free culture, is @@ -12001,7 +12017,7 @@ 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 Foundation (home of the GNU project that made GNU/ Linux +Software Foundation (home of the GNU project that made GNU/Linux possible). They included a powerful brief about the costs of uncertainty by Intel. There were two law professors' briefs, one by copyright scholars and one by First Amendment scholars. There was an @@ -12705,7 +12721,7 @@ unfair. But the punch in the face felt exactly like that.
Tom the Dancing Bug cartoon - + Bolling, Ruben