More indexes and improve XML formatting.

diff --git a/freeculture.xml b/freeculture.xml
index c92301ba07c4a05c934928e7a9006ae689f3a708..5439c3b72533202a7f02266e97c14514d6cc06da 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -12093,40 +12093,37 @@ In addition to the practical complaint of authors in 1908, there was
 a moral claim as well. There was no reason that creative property
 
 <!-- PAGE BREAK 258 -->
 a moral claim as well. There was no reason that creative property
 
 <!-- PAGE BREAK 258 -->

-should be a second-class form of property. If a carpenter builds a table,
-his rights over the table don't depend upon filing a form with the 
-               government.
-He has a property right over the table "naturally," and he can
-assert that right against anyone who would steal the table, whether or
-not he has informed the government of his ownership of the table.
+should be a second-class form of property. If a carpenter builds a
+table, his rights over the table don't depend upon filing a form with
+the government.  He has a property right over the table "naturally,"
+and he can assert that right against anyone who would steal the table,
+whether or not he has informed the government of his ownership of the
+table.

 </para>
 <para>
 </para>
 <para>

-This argument is correct, but its implications are misleading. For
-the argument in favor of formalities does not depend upon creative
-property being second-class property. The argument in favor of 
-               formalities
-turns upon the special problems that creative property 
-               presents.
-The law of formalities responds to the special physics of creative
-property, to assure that it can be efficiently and fairly spread.
+This argument is correct, but its implications are misleading. For the
+argument in favor of formalities does not depend upon creative
+property being second-class property. The argument in favor of
+formalities turns upon the special problems that creative property
+presents.  The law of formalities responds to the special physics of
+creative property, to assure that it can be efficiently and fairly
+spread.

 </para>
 <para>
 No one thinks, for example, that land is second-class property just
 </para>
 <para>
 No one thinks, for example, that land is second-class property just

-because you have to register a deed with a court if your sale of land is
-to be effective. And few would think a car is second-class property just
-because you must register the car with the state and tag it with a 
-               license.
-In both of those cases, everyone sees that there is an important
-reason to secure registration&mdash;both because it makes the markets more
-efficient and because it better secures the rights of the owner. Without
-a registration system for land, landowners would perpetually have to
-guard their property. With registration, they can simply point the 
-               police
-to a deed. Without a registration system for cars, auto theft would
-be much easier. With a registration system, the thief has a high burden
-to sell a stolen car. A slight burden is placed on the property owner, but
-those burdens produce a much better system of protection for property
-generally.
+because you have to register a deed with a court if your sale of land
+is to be effective. And few would think a car is second-class property
+just because you must register the car with the state and tag it with
+a license.  In both of those cases, everyone sees that there is an
+important reason to secure registration&mdash;both because it makes
+the markets more efficient and because it better secures the rights of
+the owner. Without a registration system for land, landowners would
+perpetually have to guard their property. With registration, they can
+simply point the police to a deed. Without a registration system for
+cars, auto theft would be much easier. With a registration system, the
+thief has a high burden to sell a stolen car. A slight burden is
+placed on the property owner, but those burdens produce a much better
+system of protection for property generally.

 </para>
 <para>
 It is similarly special physics that makes formalities important in
 </para>
 <para>
 It is similarly special physics that makes formalities important in


@@ -12153,15 +12150,13 @@ work would be presumptively controlled. After fourteen years, it would
 be presumptively uncontrolled.
 </para>
 <para>
 be presumptively uncontrolled.
 </para>
 <para>

-But now that copyrights can be just about a century long, the 
-               inability
-to know what is protected and what is not protected becomes a
-huge and obvious burden on the creative process. If the only way a 
-               library
-can offer an Internet exhibit about the New Deal is to hire a
-lawyer to clear the rights to every image and sound, then the copyright
-system is burdening creativity in a way that has never been seen before
-because there are no formalities.
+But now that copyrights can be just about a century long, the
+inability to know what is protected and what is not protected becomes
+a huge and obvious burden on the creative process. If the only way a
+library can offer an Internet exhibit about the New Deal is to hire a
+lawyer to clear the rights to every image and sound, then the
+copyright system is burdening creativity in a way that has never been
+seen before because there are no formalities.

 </para>
 <para>
 The Eldred Act was designed to respond to exactly this problem. If
 </para>
 <para>
 The Eldred Act was designed to respond to exactly this problem. If


@@ -12178,10 +12173,10 @@ domain where anyone can copy it, or build archives with it, or create a
 movie based on it. It should become free if it is not worth $1 to you.
 </para>
 <para>
 movie based on it. It should become free if it is not worth $1 to you.
 </para>
 <para>

-Some worry about the burden on authors. Won't the burden of 
-               registering
-the work mean that the $1 is really misleading? Isn't the hassle
-worth more than $1? Isn't that the real problem with registration?
+Some worry about the burden on authors. Won't the burden of
+registering the work mean that the $1 is really misleading? Isn't the
+hassle worth more than $1? Isn't that the real problem with
+registration?

 </para>
 <para>
 It is. The hassle is terrible. The system that exists now is awful. I
 </para>
 <para>
 It is. The hassle is terrible. The system that exists now is awful. I


@@ -12943,67 +12938,56 @@ It might be crazy to argue that we should preserve a tradition that has
 been part of our tradition for most of our history&mdash;free culture.
 </para>
 <para>
 been part of our tradition for most of our history&mdash;free culture.
 </para>
 <para>

-If this is crazy, then let there be more crazies. Soon.
-There are moments of hope in this struggle. And moments that
-surprise. When the FCC was considering relaxing ownership rules,
-which would thereby further increase the concentration in media 
-               ownership,
-an extraordinary bipartisan coalition formed to fight this
-change. For perhaps the first time in history, interests as diverse as the
-NRA, the ACLU, Moveon.org, William Safire, Ted Turner, and
-CodePink Women for Peace organized to oppose this change in FCC
-policy. An astonishing 700,000 letters were sent to the FCC, 
-               demanding
-more hearings and a different result.
+If this is crazy, then let there be more crazies. Soon.  There are
+moments of hope in this struggle. And moments that surprise. When the
+FCC was considering relaxing ownership rules, which would thereby
+further increase the concentration in media ownership, an
+extraordinary bipartisan coalition formed to fight this change. For
+perhaps the first time in history, interests as diverse as the NRA,
+the ACLU, Moveon.org, William Safire, Ted Turner, and CodePink Women
+for Peace organized to oppose this change in FCC policy. An
+astonishing 700,000 letters were sent to the FCC, demanding more
+hearings and a different result.

 </para>
 <para>
 </para>
 <para>

-This activism did not stop the FCC, but soon after, a broad 
-               coalition
-in the Senate voted to reverse the FCC decision. The hostile 
-               hearings
-leading up to that vote revealed just how powerful this movement
-had become. There was no substantial support for the FCC's decision,
-and there was broad and sustained support for fighting further 
-               concentration
-in the media.
+This activism did not stop the FCC, but soon after, a broad coalition
+in the Senate voted to reverse the FCC decision. The hostile hearings
+leading up to that vote revealed just how powerful this movement had
+become. There was no substantial support for the FCC's decision, and
+there was broad and sustained support for fighting further
+concentration in the media.

 </para>
 <para>
 But even this movement misses an important piece of the puzzle.
 Largeness as such is not bad. Freedom is not threatened just because
 </para>
 <para>
 But even this movement misses an important piece of the puzzle.
 Largeness as such is not bad. Freedom is not threatened just because

-some become very rich, or because there are only a handful of big 
-               players.
-The poor quality of Big Macs or Quarter Pounders does not mean
-that you can't get a good hamburger from somewhere else.
+some become very rich, or because there are only a handful of big
+players.  The poor quality of Big Macs or Quarter Pounders does not
+mean that you can't get a good hamburger from somewhere else.

 </para>
 <para>
 </para>
 <para>

-The danger in media concentration comes not from the 
-               concentration,
+The danger in media concentration comes not from the concentration,

 but instead from the feudalism that this concentration, tied to the
 but instead from the feudalism that this concentration, tied to the

-change in copyright, produces. It is not just that there are a few 
-               powerful
-companies that control an ever expanding slice of the media. It
-is that this concentration can call upon an equally bloated range of
-rights&mdash;property rights of a historically extreme form&mdash;that makes
-their bigness bad.
+change in copyright, produces. It is not just that there are a few
+powerful companies that control an ever expanding slice of the
+media. It is that this concentration can call upon an equally bloated
+range of rights&mdash;property rights of a historically extreme
+form&mdash;that makes their bigness bad.

 </para>
 <!-- PAGE BREAK 277 -->
 <para>
 </para>
 <!-- PAGE BREAK 277 -->
 <para>

-It is therefore significant that so many would rally to demand 
-               competition
-and increased diversity. Still, if the rally is understood as being
-about bigness alone, it is not terribly surprising. We Americans have a
-long history of fighting "big," wisely or not. That we could be 
-               motivated
-to fight "big" again is not something new.
+It is therefore significant that so many would rally to demand
+competition and increased diversity. Still, if the rally is understood
+as being about bigness alone, it is not terribly surprising. We
+Americans have a long history of fighting "big," wisely or not. That
+we could be motivated to fight "big" again is not something new.

 </para>
 <para>
 </para>
 <para>

-It would be something new, and something very important, if an
-equal number could be rallied to fight the increasing extremism built
-within the idea of "intellectual property." Not because balance is alien
-to our tradition; indeed, as I've argued, balance is our tradition. But 
-               because
-the muscle to think critically about the scope of anything called
-"property" is not well exercised within this tradition anymore.
+It would be something new, and something very important, if an equal
+number could be rallied to fight the increasing extremism built within
+the idea of "intellectual property." Not because balance is alien to
+our tradition; indeed, as I've argued, balance is our tradition. But
+because the muscle to think critically about the scope of anything
+called "property" is not well exercised within this tradition anymore.

 </para>
 <para>
 If we were Achilles, this would be our heel. This would be the place
 </para>
 <para>
 If we were Achilles, this would be our heel. This would be the place


@@ -13012,49 +12996,46 @@ of our tragedy.
 <para>
 As I write these final words, the news is filled with stories about
 the RIAA lawsuits against almost three hundred individuals.<footnote><para>
 <para>
 As I write these final words, the news is filled with stories about
 the RIAA lawsuits against almost three hundred individuals.<footnote><para>

-<!-- f11. --> John Borland, "RIAA Sues 261 File Swappers," CNET News.com,
-September 2003, available at 
-<ulink url="http://free-culture.cc/notes/">link #65</ulink>; Paul R. La Monica, "Music 
-               Industry
-Sues Swappers," CNN/Money, 8 September 2003, available at 
-<ulink url="http://free-culture.cc/notes/">link #66</ulink>; Soni Sangha and Phyllis Furman with Robert Gearty, "Sued for a
-Song, N.Y.C. 12-Yr-Old Among 261 Cited as Sharers," New York Daily
-News, 9 September 2003, 3; Frank Ahrens, "RIAA's Lawsuits Meet 
-               Surprised
+<!-- f11. -->
+John Borland, "RIAA Sues 261 File Swappers," CNET News.com, September
+2003, available at
+<ulink url="http://free-culture.cc/notes/">link #65</ulink>; Paul
+R. La Monica, "Music Industry Sues Swappers," CNN/Money, 8 September
+2003, available at
+<ulink url="http://free-culture.cc/notes/">link #66</ulink>; Soni
+Sangha and Phyllis Furman with Robert Gearty, "Sued for a Song,
+N.Y.C. 12-Yr-Old Among 261 Cited as Sharers," New York Daily News, 9
+September 2003, 3; Frank Ahrens, "RIAA's Lawsuits Meet Surprised

 Targets; Single Mother in Calif., 12-Year-Old Girl in N.Y. Among
 Defendants," Washington Post, 10 September 2003, E1; Katie Dean,
 Targets; Single Mother in Calif., 12-Year-Old Girl in N.Y. Among
 Defendants," Washington Post, 10 September 2003, E1; Katie Dean,

-"Schoolgirl Settles with RIAA," Wired News, 10 September 2003, 
-               available
-at 
+"Schoolgirl Settles with RIAA," Wired News, 10 September 2003,
+available at

 <ulink url="http://free-culture.cc/notes/">link #67</ulink>.
 </para></footnote>
 <ulink url="http://free-culture.cc/notes/">link #67</ulink>.
 </para></footnote>

- 
-               Eminem
-has just been sued for "sampling" someone else's music.<footnote><para>
-<!-- f12. --> Jon Wiederhorn, "Eminem Gets Sued . . . by a Little Old Lady," mtv.com,
-17 September 2003, available at 
+Eminem has just been sued for "sampling" someone else's
+music.<footnote><para>
+<!-- f12. -->
+Jon Wiederhorn, "Eminem Gets Sued . . . by a Little Old Lady,"
+mtv.com, 17 September 2003, available at

 <ulink url="http://free-culture.cc/notes/">link #68</ulink>.
 </para></footnote>
 <ulink url="http://free-culture.cc/notes/">link #68</ulink>.
 </para></footnote>

- The
-story about Bob Dylan "stealing" from a Japanese author has just 
-               finished
-making the rounds.<footnote><para>
-<!-- f13. --> Kenji Hall, Associated Press, "Japanese Book May Be Inspiration for 
-               Dylan
-Songs," Kansascity.com, 9 July 2003, available at 
+The story about Bob Dylan "stealing" from a Japanese author has just
+finished making the rounds.<footnote><para>
+<!-- f13. -->
+Kenji Hall, Associated Press, "Japanese Book May Be Inspiration for
+Dylan Songs," Kansascity.com, 9 July 2003, available at

 <ulink url="http://free-culture.cc/notes/">link #69</ulink>.
 <!-- PAGE BREAK 334 -->
 </para></footnote>
 <ulink url="http://free-culture.cc/notes/">link #69</ulink>.
 <!-- PAGE BREAK 334 -->
 </para></footnote>

- An insider from Hollywood&mdash;who insists
-he must remain anonymous&mdash;reports "an amazing conversation with
-these studio guys. They've got extraordinary [old] content that they'd
-love to use but can't because they can't begin to clear the rights. They've
-got scores of kids who could do amazing things with the content, but
-it would take scores of lawyers to clean it first." Congressmen are 
-               talking
-about deputizing computer viruses to bring down computers thought
-to violate the law. Universities are threatening expulsion for kids who
-use a computer to share content.
+An insider from Hollywood&mdash;who insists he must remain
+anonymous&mdash;reports "an amazing conversation with these studio
+guys. They've got extraordinary [old] content that they'd love to use
+but can't because they can't begin to clear the rights. They've got
+scores of kids who could do amazing things with the content, but it
+would take scores of lawyers to clean it first." Congressmen are
+talking about deputizing computer viruses to bring down computers
+thought to violate the law. Universities are threatening expulsion for
+kids who use a computer to share content.

 </para>
 <para>
 Yet on the other side of the Atlantic, the BBC has just announced
 </para>
 <para>
 Yet on the other side of the Atlantic, the BBC has just announced


@@ -13064,10 +13045,11 @@ download BBC content, and rip, mix, and burn it.<footnote><para>
 24 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #70</ulink>.
 </para></footnote>
 24 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #70</ulink>.
 </para></footnote>

- And in Brazil, the
-culture minister, Gilberto Gil, himself a folk hero of Brazilian music,
-has joined with Creative Commons to release content and free licenses
-in that Latin American country.<footnote><para>
+<indexterm><primary>Gil, Gilberto</primary></indexterm>
+And in Brazil, the culture minister, Gilberto Gil, himself a folk hero
+of Brazilian music, has joined with Creative Commons to release
+content and free licenses in that Latin American
+country.<footnote><para>

 <!-- f15. --> "Creative Commons and Brazil," Creative Commons Weblog, 6 August
 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #71</ulink>.
 <!-- f15. --> "Creative Commons and Brazil," Creative Commons Weblog, 6 August
 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #71</ulink>.