More index entries.

diff --git a/freeculture.xml b/freeculture.xml
index 176dea13e4184497c625a39614d224dbf8c0bdb4..40e7fc491d5c7f5de95a1d718b38d628874aa961 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -609,6 +609,7 @@ that Armstrong discover a way to remove static from AM radio. So
 Sarnoff was quite excited when Armstrong told him he had a device
 that removed static from "radio." But when Armstrong demonstrated
 his invention, Sarnoff was not pleased.
 Sarnoff was quite excited when Armstrong told him he had a device
 that removed static from "radio." But when Armstrong demonstrated
 his invention, Sarnoff was not pleased.

+<indexterm><primary>Sarnoff, David</primary></indexterm>

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


@@ -628,6 +629,7 @@ Armstrong's invention threatened RCA's AM empire, so the company
 launched a campaign to smother FM radio. While FM may have been a
 superior technology, Sarnoff was a superior tactician.  As one author
 described,
 launched a campaign to smother FM radio. While FM may have been a
 superior technology, Sarnoff was a superior tactician.  As one author
 described,

+<indexterm><primary>Sarnoff, David</primary></indexterm>

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


@@ -2628,13 +2630,12 @@ the vast majority of which had nothing to do with music.
 But the RIAA branded Jesse a pirate. They claimed he operated a
 network and had therefore "willfully" violated copyright laws. They
 <!-- PAGE BREAK 64 -->
 But the RIAA branded Jesse a pirate. They claimed he operated a
 network and had therefore "willfully" violated copyright laws. They
 <!-- PAGE BREAK 64 -->

-       demanded
-that he pay them the damages for his wrong. For cases of
+demanded that he pay them the damages for his wrong. For cases of

 "willful infringement," the Copyright Act specifies something lawyers
 call "statutory damages." These damages permit a copyright owner to
 claim $150,000 per infringement. As the RIAA alleged more than one
 "willful infringement," the Copyright Act specifies something lawyers
 call "statutory damages." These damages permit a copyright owner to
 claim $150,000 per infringement. As the RIAA alleged more than one

-hundred specific copyright infringements, they therefore demanded
-that Jesse pay them at least $15,000,000.
+hundred specific copyright infringements, they therefore demanded that
+Jesse pay them at least $15,000,000.

 </para>
 <para>
 Similar lawsuits were brought against three other students: one
 </para>
 <para>
 Similar lawsuits were brought against three other students: one


@@ -4886,6 +4887,7 @@ Stagehands are a particularly funny and colorful element of an opera.
 During a show, they hang out below the stage in the grips' lounge and
 in the lighting loft. They make a perfect contrast to the art on the
 stage.
 During a show, they hang out below the stage in the grips' lounge and
 in the lighting loft. They make a perfect contrast to the art on the
 stage.

+<indexterm><primary>San Francisco Opera</primary></indexterm>

 </para>
 <para>
 During one of the performances, Else was shooting some stagehands
 </para>
 <para>
 During one of the performances, Else was shooting some stagehands


@@ -4954,6 +4956,7 @@ this reality was beyond the documentary filmmaker's budget. At the
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 The Day After Trinity, from ten years before.
 very last minute before the film was to be released, Else digitally
 replaced the shot with a clip from another film that he had worked on,
 The Day After Trinity, from ten years before.

+<indexterm><primary>San Francisco Opera</primary></indexterm>

 </para>
 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the
 </para>
 <para>
 There's no doubt that someone, whether Matt Groening or Fox, owns the


@@ -9207,57 +9210,47 @@ have much less vibrant innovation and much less creativity.
 </para>
 <para>
 The point is directly parallel to the crunchy-lefty point about fair
 </para>
 <para>
 The point is directly parallel to the crunchy-lefty point about fair

-use. Whatever the "real" law is, realism about the effect of law in both
-contexts is the same. This wildly punitive system of regulation will 
-               systematically
-stifle creativity and innovation. It will protect some 
-               industries
-and some creators, but it will harm industry and 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.
+use. Whatever the "real" law is, realism about the effect of law in
+both contexts is the same. This wildly punitive system of regulation
+will systematically stifle creativity and innovation. It will protect
+some industries and some creators, but it will harm industry and
+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.

 </para>
 <para>
 The building of a permission culture, rather than a free culture, is
 </para>
 <para>
 The building of a permission culture, rather than a free culture, is

-the first important way in which the changes I have described will 
-               burden
-innovation. A permission culture means a lawyer's culture&mdash;a 
-               culture
-in which the ability to create requires a call to your lawyer. Again,
-I am not antilawyer, at least when they're kept in their proper place. I
-am certainly not antilaw. But our profession has lost the sense of its
-limits. And leaders in our profession have lost an appreciation of the
-high costs that our profession imposes upon others. The inefficiency of
-the law is an embarrassment to our tradition. And while I believe our
-profession should therefore do everything it can to make the law more
-efficient, it should at least do everything it can to limit the reach of the
+the first important way in which the changes I have described will
+burden innovation. A permission culture means a lawyer's
+culture&mdash;a culture in which the ability to create requires a call
+to your lawyer. Again, I am not antilawyer, at least when they're kept
+in their proper place. I am certainly not antilaw. But our profession
+has lost the sense of its limits. And leaders in our profession have
+lost an appreciation of the high costs that our profession imposes
+upon others. The inefficiency of the law is an embarrassment to our
+tradition. And while I believe our profession should therefore do
+everything it can to make the law more efficient, it should at least
+do everything it can to limit the reach of the

 <!-- PAGE BREAK 202 -->
 law where the law is not doing any good. The transaction costs buried
 <!-- PAGE BREAK 202 -->
 law where the law is not doing any good. The transaction costs buried

-within a permission culture are enough to bury a wide range of 
-               creativity.
-Someone needs to do a lot of justifying to justify that result.
-The uncertainty of the law is one burden on innovation. There is
-a second burden that operates more directly. This is the effort by many
-in the content industry to use the law to directly regulate the 
-               technology
-of the Internet so that it better protects their content.
+within a permission culture are enough to bury a wide range of
+creativity.  Someone needs to do a lot of justifying to justify that
+result.  The uncertainty of the law is one burden on innovation. There
+is a second burden that operates more directly. This is the effort by
+many in the content industry to use the law to directly regulate the
+technology of the Internet so that it better protects their content.

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

-The motivation for this response is obvious. The Internet enables
-the efficient spread of content. That efficiency is a feature of the 
-               Internet's
-design. But from the perspective of the content industry, this 
-               feature
-is a "bug." The efficient spread of content means that content
-distributors have a harder time controlling the distribution of content.
-One obvious response to this efficiency is thus to make the Internet
-less efficient. If the Internet enables "piracy," then, this response says,
-we should break the kneecaps of the Internet.
+The motivation for this response is obvious. The Internet enables the
+efficient spread of content. That efficiency is a feature of the
+Internet's design. But from the perspective of the content industry,
+this feature is a "bug." The efficient spread of content means that
+content distributors have a harder time controlling the distribution
+of content.  One obvious response to this efficiency is thus to make
+the Internet less efficient. If the Internet enables "piracy," then,
+this response says, we should break the kneecaps of the Internet.

 </para>
 <para>
 The examples of this form of legislation are many. At the urging of
 </para>
 <para>
 The examples of this form of legislation are many. At the urging of


@@ -9395,38 +9388,35 @@ Marilyn Monroe would not.
 <para>
 The reasoning behind this balance struck by Congress makes some
 sense. The justification was that radio was a kind of advertising. The
 <para>
 The reasoning behind this balance struck by Congress makes some
 sense. The justification was that radio was a kind of advertising. The

-recording artist thus benefited because by playing her music, the radio
-station was making it more likely that her records would be purchased.
-Thus, the recording artist got something, even if only indirectly. 
-               Probably
-this reasoning had less to do with the result 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.
+recording artist thus benefited because by playing her music, the
+radio station was making it more likely that her records would be
+purchased.  Thus, the recording artist got something, even if only
+indirectly.  Probably this reasoning had less to do with the result
+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.

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

-Enter Internet radio. Like regular radio, Internet radio is a 
-               technology
-to stream content from a broadcaster to a listener. The broadcast
-travels across the Internet, not across the ether of radio spectrum.
-Thus, I can "tune in" to an Internet radio station in Berlin while sitting
-in San Francisco, even though there's no way for me to tune in to a 
-               regular
-radio station much beyond the San Francisco metropolitan area.
+Enter Internet radio. Like regular radio, Internet radio is a
+technology to stream content from a broadcaster to a listener. The
+broadcast travels across the Internet, not across the ether of radio
+spectrum.  Thus, I can "tune in" to an Internet radio station in
+Berlin while sitting in San Francisco, even though there's no way for
+me to tune in to a regular radio station much beyond the San Francisco
+metropolitan area.

 </para>
 <para>
 This feature of the architecture of Internet radio means that there
 </para>
 <para>
 This feature of the architecture of Internet radio means that there

-are potentially an unlimited number of radio stations that a user could
-tune in to using her computer, whereas under the existing architecture
-for broadcast radio, there is an obvious limit to the number of 
-               broadcasters
-and clear broadcast frequencies. Internet radio could therefore
-be more competitive than regular radio; it could provide a wider range
-of selections. And because the potential audience for Internet radio is
-the whole world, niche stations could easily develop and market their
-content to a relatively large number of users worldwide. According to
-some estimates, more than eighty million users worldwide have tuned
-in to this new form of radio.
+are potentially an unlimited number of radio stations that a user
+could tune in to using her computer, whereas under the existing
+architecture for broadcast radio, there is an obvious limit to the
+number of broadcasters and clear broadcast frequencies. Internet radio
+could therefore be more competitive than regular radio; it could
+provide a wider range of selections. And because the potential
+audience for Internet radio is the whole world, niche stations could
+easily develop and market their content to a relatively large number
+of users worldwide. According to some estimates, more than eighty
+million users worldwide have tuned in to this new form of radio.

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


@@ -11079,29 +11069,28 @@ were rich and famous, but because they, in the aggregate, demonstrated
 that this law was unconstitutional regardless of one's politics.
 </para>
 <para>
 that this law was unconstitutional regardless of one's politics.
 </para>
 <para>

-The first step happened all by itself. Phyllis Schlafly's organization,
-Eagle Forum, had been an opponent of the CTEA from the very 
-               beginning.
-Mrs. Schlafly viewed the CTEA as a sellout by Congress. In
-November 1998, she wrote a stinging editorial attacking the 
-               Republican
-Congress for allowing the law to pass. As she wrote, "Do you
-sometimes wonder why bills that create a financial windfall to narrow
-special interests slide easily through the intricate legislative process,
-while bills that benefit the general public seem to get bogged down?"
-The answer, as the editorial documented, was the power of money.
-Schlafly enumerated Disney's contributions to the key players on the
-committees. It was money, not justice, that gave Mickey Mouse twenty
-more years in Disney's control, Schlafly argued.
-</para>
-<para>
-In the Court of Appeals, Eagle Forum was eager to file a brief 
-               supporting
-our position. Their brief made the argument that became the
+The first step happened all by itself. Phyllis Schlafly's
+organization, Eagle Forum, had been an opponent of the CTEA from the
+very beginning.  Mrs. Schlafly viewed the CTEA as a sellout by
+Congress. In November 1998, she wrote a stinging editorial attacking
+the Republican Congress for allowing the law to pass. As she wrote,
+"Do you sometimes wonder why bills that create a financial windfall to
+narrow special interests slide easily through the intricate
+legislative process, while bills that benefit the general public seem
+to get bogged down?"  The answer, as the editorial documented, was the
+power of money.  Schlafly enumerated Disney's contributions to the key
+players on the committees. It was money, not justice, that gave Mickey
+Mouse twenty more years in Disney's control, Schlafly argued.
+<indexterm><primary>Eagle Forum</primary></indexterm>
+<indexterm><primary>Schlafly Phyllis, David</primary></indexterm>
+</para>
+<para>
+In the Court of Appeals, Eagle Forum was eager to file a brief
+supporting our position. Their brief made the argument that became the

 core claim in the Supreme Court: If Congress can extend the term of
 core claim in the Supreme Court: If Congress can extend the term of

-existing copyrights, there is no limit to Congress's power to set terms.
-That strong conservative argument persuaded a strong conservative
-judge, Judge Sentelle.
+existing copyrights, there is no limit to Congress's power to set
+terms.  That strong conservative argument persuaded a strong
+conservative judge, Judge Sentelle.

 </para>
 <para>
 In the Supreme Court, the briefs on our side were about as diverse as
 </para>
 <para>
 In the Supreme Court, the briefs on our side were about as diverse as


@@ -11115,6 +11104,7 @@ 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.
 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.

+<indexterm><primary>Eagle Forum</primary></indexterm>

 </para>
 <para>
 Those briefs framed a legal argument. Then to support the legal
 </para>
 <para>
 Those briefs framed a legal argument. Then to support the legal


@@ -12543,36 +12533,31 @@ to explore requirements that they use open source or free software,
 rather than "proprietary software," for their own internal uses.
 </para>
 <para>
 rather than "proprietary software," for their own internal uses.
 </para>
 <para>

-I don't mean to enter that debate here. It is important only to make
-clear that the distinction is not between commercial and 
-               noncommercial
-software. There are many important companies that depend 
-               fundamentally
-upon open source and free software, IBM being the most
+I don't mean to enter that debate here. It is important only to
+make clear that the distinction is not between commercial and
+noncommercial software. There are many important companies that depend
+fundamentally upon open source and free software, IBM being the most

 prominent. IBM is increasingly shifting its focus to the GNU/Linux
 prominent. IBM is increasingly shifting its focus to the GNU/Linux

-operating system, the most famous bit of "free software"&mdash;and IBM is
-emphatically a commercial entity. Thus, to support "open source and
-free software" is not to oppose commercial entities. It is, instead, to
-support a mode of software development that is different from 
-               Microsoft's.<footnote><para>
-<!-- f8. --> Microsoft's position about free and open source software is more 
-               sophisticated.
-As it has repeatedly asserted, it has no problem with "open source"
-software or software in the public domain. Microsoft's principal 
-               opposition
-is to "free software" licensed under a "copyleft" license, meaning a 
-               license
-that requires the licensee to adopt the same terms on any derivative
-work. See Bradford L. Smith, "The Future of Software: Enabling the 
-               Marketplace
-to Decide," Government Policy Toward Open Source Software
-(Washington, D.C.: AEI-Brookings Joint Center for Regulatory Studies,
-American Enterprise Institute for Public Policy Research, 2002), 69,
-available at 
-<ulink url="http://free-culture.cc/notes/">link #62</ulink>. See also Craig Mundie, Microsoft senior vice 
-               president,
-The Commercial Software Model, discussion at New York University
-Stern School of Business (3 May 2001), available at 
+operating system, the most famous bit of "free software"&mdash;and IBM
+is emphatically a commercial entity. Thus, to support "open source and
+free software" is not to oppose commercial entities. It is, instead,
+to support a mode of software development that is different from
+Microsoft's.<footnote><para>
+<!-- f8. -->
+Microsoft's position about free and open source software is more
+sophisticated.  As it has repeatedly asserted, it has no problem with
+"open source" software or software in the public domain. Microsoft's
+principal opposition is to "free software" licensed under a "copyleft"
+license, meaning a license that requires the licensee to adopt the
+same terms on any derivative work. See Bradford L. Smith, "The Future
+of Software: Enabling the Marketplace to Decide," Government Policy
+Toward Open Source Software (Washington, D.C.: AEI-Brookings Joint
+Center for Regulatory Studies, American Enterprise Institute for
+Public Policy Research, 2002), 69, available at
+<ulink url="http://free-culture.cc/notes/">link #62</ulink>. See also
+Craig Mundie, Microsoft senior vice president, The Commercial Software
+Model, discussion at New York University Stern School of Business (3
+May 2001), available at

 <ulink url="http://free-culture.cc/notes/">link #63</ulink>.
 </para></footnote>
 </para>
 <ulink url="http://free-culture.cc/notes/">link #63</ulink>.
 </para></footnote>
 </para>