msgid ""
msgstr ""
"Project-Id-Version: PACKAGE VERSION\n"
-"POT-Creation-Date: 2012-08-13 09:07+0300\n"
+"POT-Creation-Date: 2012-08-13 17:37+0300\n"
"PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n"
"Last-Translator: FULL NAME <EMAIL@ADDRESS>\n"
"Language-Team: LANGUAGE <LL@li.org>\n"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:400 freeculture.xml:13050
+#: freeculture.xml:400 freeculture.xml:13058
msgid "CodePink Women in Peace"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:412 freeculture.xml:422 freeculture.xml:13051
+#: freeculture.xml:412 freeculture.xml:422 freeculture.xml:13059
msgid "Safire, William"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:481 freeculture.xml:14040
+#: freeculture.xml:481 freeculture.xml:14048
msgid "land ownership, air traffic and"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:484 freeculture.xml:14042
+#: freeculture.xml:484 freeculture.xml:14050
msgid "property rights"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:485 freeculture.xml:14043
+#: freeculture.xml:485 freeculture.xml:14051
msgid "air traffic vs."
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:518 freeculture.xml:531 freeculture.xml:562 freeculture.xml:581 freeculture.xml:996 freeculture.xml:1013 freeculture.xml:1060 freeculture.xml:8990 freeculture.xml:12426 freeculture.xml:13154
+#: freeculture.xml:518 freeculture.xml:531 freeculture.xml:562 freeculture.xml:581 freeculture.xml:996 freeculture.xml:1013 freeculture.xml:1060 freeculture.xml:8991 freeculture.xml:12434 freeculture.xml:13162
msgid "Causby, Thomas Lee"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:519 freeculture.xml:532 freeculture.xml:563 freeculture.xml:582 freeculture.xml:997 freeculture.xml:1014 freeculture.xml:1061 freeculture.xml:8991 freeculture.xml:12427 freeculture.xml:13155
+#: freeculture.xml:519 freeculture.xml:532 freeculture.xml:563 freeculture.xml:582 freeculture.xml:997 freeculture.xml:1014 freeculture.xml:1061 freeculture.xml:8992 freeculture.xml:12435 freeculture.xml:13163
msgid "Causby, Tinie"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:606 freeculture.xml:8998 freeculture.xml:9646
+#: freeculture.xml:606 freeculture.xml:8999 freeculture.xml:9648
msgid "Armstrong, Edwin Howard"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:865 freeculture.xml:9537
+#: freeculture.xml:865 freeculture.xml:9539
msgid "Litman, Jessica"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:960 freeculture.xml:14440
+#: freeculture.xml:960 freeculture.xml:14448
msgid "Netanel, Neil Weinstock"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:2795 freeculture.xml:3150 freeculture.xml:4071 freeculture.xml:5174 freeculture.xml:5225 freeculture.xml:9596 freeculture.xml:9697 freeculture.xml:9871 freeculture.xml:14403 freeculture.xml:14471
+#: freeculture.xml:2795 freeculture.xml:3150 freeculture.xml:4071 freeculture.xml:5174 freeculture.xml:5225 freeculture.xml:9598 freeculture.xml:9699 freeculture.xml:9873 freeculture.xml:14411 freeculture.xml:14479
msgid "artists"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:2796 freeculture.xml:3151 freeculture.xml:4072 freeculture.xml:9597 freeculture.xml:9698 freeculture.xml:9872 freeculture.xml:14404 freeculture.xml:14472
+#: freeculture.xml:2796 freeculture.xml:3151 freeculture.xml:4072 freeculture.xml:9599 freeculture.xml:9700 freeculture.xml:9874 freeculture.xml:14412 freeculture.xml:14480
msgid "recording industry payments to"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2908 freeculture.xml:4284 freeculture.xml:9472 freeculture.xml:9590
+#: freeculture.xml:2908 freeculture.xml:4284 freeculture.xml:9474 freeculture.xml:9592
msgid "broadcast flag"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:2912 freeculture.xml:3170 freeculture.xml:4285 freeculture.xml:9741
+#: freeculture.xml:2912 freeculture.xml:3170 freeculture.xml:4285 freeculture.xml:9743
msgid "Picker, Randal C."
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3088 freeculture.xml:14103
+#: freeculture.xml:3088 freeculture.xml:14111
msgid "Grisham, John"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:3187 freeculture.xml:8816 freeculture.xml:9277 freeculture.xml:12241
+#: freeculture.xml:3187 freeculture.xml:8816 freeculture.xml:9279 freeculture.xml:12249
msgid "Lovett, Lyle"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:3392 freeculture.xml:3471 freeculture.xml:3520 freeculture.xml:14503
+#: freeculture.xml:3392 freeculture.xml:3471 freeculture.xml:3520 freeculture.xml:14511
msgid "Asia, commercial piracy in"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3465 freeculture.xml:12530 freeculture.xml:12974 freeculture.xml:12981
+#: freeculture.xml:3465 freeculture.xml:12538 freeculture.xml:12982 freeculture.xml:12989
msgid "Drahos, Peter"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3486 freeculture.xml:3754 freeculture.xml:14647
+#: freeculture.xml:3486 freeculture.xml:3754 freeculture.xml:14655
msgid "Liebowitz, Stan"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3533 freeculture.xml:3561 freeculture.xml:11362 freeculture.xml:12855 freeculture.xml:13410
+#: freeculture.xml:3533 freeculture.xml:3561 freeculture.xml:11370 freeculture.xml:12863 freeculture.xml:13418
msgid "GNU/Linux operating system"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3534 freeculture.xml:3564 freeculture.xml:11364 freeculture.xml:12856 freeculture.xml:13411
+#: freeculture.xml:3534 freeculture.xml:3564 freeculture.xml:11372 freeculture.xml:12864 freeculture.xml:13419
msgid "Linux operating system"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:4759 freeculture.xml:14739
+#: freeculture.xml:4759 freeculture.xml:14747
msgid "Rose, Mark"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:5163 freeculture.xml:5228 freeculture.xml:5412 freeculture.xml:9847 freeculture.xml:14118
+#: freeculture.xml:5163 freeculture.xml:5228 freeculture.xml:5412 freeculture.xml:9849 freeculture.xml:14126
msgid "Alben, Alex"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5524 freeculture.xml:8648 freeculture.xml:10859 freeculture.xml:11109
+#: freeculture.xml:5524 freeculture.xml:8648 freeculture.xml:10867 freeculture.xml:11117
msgid "archives, digital"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:5880 freeculture.xml:9611
+#: freeculture.xml:5880 freeculture.xml:9613
msgid "Kennedy, John F."
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:6135 freeculture.xml:6183 freeculture.xml:6273 freeculture.xml:6292 freeculture.xml:9229 freeculture.xml:9427
+#: freeculture.xml:6135 freeculture.xml:6183 freeculture.xml:6273 freeculture.xml:6292 freeculture.xml:9231 freeculture.xml:9429
msgid "market constraints"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:6399 freeculture.xml:14686
+#: freeculture.xml:6399 freeculture.xml:14694
msgid "Brezhnev, Leonid"
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:6400 freeculture.xml:12948
+#: freeculture.xml:6400 freeculture.xml:12956
msgid "Gates, Bill"
msgstr ""
"knew very well."
msgstr ""
-#. type: Content of: <book><part><chapter><section><
para><indexterm><primary>
-#: freeculture.xml:7667 freeculture.xml:10167
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:7667 freeculture.xml:10163
msgid "Electronic Frontier Foundation"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8032 freeculture.xml:9380
+#: freeculture.xml:8032 freeculture.xml:9382
msgid "EMI"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:8034 freeculture.xml:9381
+#: freeculture.xml:8034 freeculture.xml:9383
msgid "Universal Music Group"
msgstr ""
"rules should govern it?"
msgstr ""
+#. type: Content of: <book><part><chapter><section><indexterm><primary>
+#: freeculture.xml:8847 freeculture.xml:9128 freeculture.xml:10165
+msgid "ISPs (Internet service providers), user identities revealed by"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8877
+#: freeculture.xml:8878
msgid "Conyers, John, Jr."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:8878 freeculture.xml:9588
+#: freeculture.xml:8879 freeculture.xml:9590
msgid "Berman, Howard L."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:8847
msgid ""
-"For an excellent summary, see the report prepared by GartnerG2 and the "
-"Berkman Center for Internet and Society at Harvard Law School, "
-"<quote>Copyright and Digital Media in a Post-Napster World,</quote> 27 June "
+"<placeholder type=\"indexterm\" id=\"0\"/> For an excellent summary, see the "
+"report prepared by GartnerG2 and the Berkman Center for Internet and Society "
+"at Harvard Law School, <quote>Copyright and Digital Media in a Post-Napster "
+"World,</quote> 27 June 2003, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #33</ulink>. Reps. John Conyers "
+"Jr. (D-Mich.) and Howard L. Berman (D-Calif.) have introduced a bill that "
+"would treat unauthorized on-line copying as a felony offense with "
+"punishments ranging as high as five years imprisonment; see Jon Healey, "
+"<quote>House Bill Aims to Up Stakes on Piracy,</quote> <citetitle>Los "
+"Angeles Times</citetitle>, 17 July 2003, available at <ulink "
+"url=\"http://free-culture.cc/notes/\">link #34</ulink>. Civil penalties are "
+"currently set at $150,000 per copied song. For a recent (and unsuccessful) "
+"legal challenge to the RIAA's demand that an ISP reveal the identity of a "
+"user accused of sharing more than 600 songs through a family computer, see "
+"<citetitle>RIAA</citetitle> v. <citetitle>Verizon Internet Services (In "
+"re. Verizon Internet Services)</citetitle>, 240 F. Supp. 2d 24 "
+"(D.D.C. 2003). Such a user could face liability ranging as high as $90 "
+"million. Such astronomical figures furnish the RIAA with a powerful arsenal "
+"in its prosecution of file sharers. Settlements ranging from $12,000 to "
+"$17,500 for four students accused of heavy file sharing on university "
+"networks must have seemed a mere pittance next to the $98 billion the RIAA "
+"could seek should the matter proceed to court. See Elizabeth Young, "
+"<quote>Downloading Could Lead to Fines,</quote> redandblack.com, August "
"2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#33</ulink>. Reps. John Conyers Jr. (D-Mich.) and Howard L. Berman "
-"(D-Calif.) have introduced a bill that would treat unauthorized on-line "
-"copying as a felony offense with punishments ranging as high as five years "
-"imprisonment; see Jon Healey, <quote>House Bill Aims to Up Stakes on "
-"Piracy,</quote> <citetitle>Los Angeles Times</citetitle>, 17 July 2003, "
-"available at <ulink url=\"http://free-culture.cc/notes/\">link "
-"#34</ulink>. Civil penalties are currently set at $150,000 per copied "
-"song. For a recent (and unsuccessful) legal challenge to the RIAA's demand "
-"that an ISP reveal the identity of a user accused of sharing more than 600 "
-"songs through a family computer, see <citetitle>RIAA</citetitle> "
-"v. <citetitle>Verizon Internet Services (In re. Verizon Internet "
-"Services)</citetitle>, 240 F. Supp. 2d 24 (D.D.C. 2003). Such a user could "
-"face liability ranging as high as $90 million. Such astronomical figures "
-"furnish the RIAA with a powerful arsenal in its prosecution of file "
-"sharers. Settlements ranging from $12,000 to $17,500 for four students "
-"accused of heavy file sharing on university networks must have seemed a mere "
-"pittance next to the $98 billion the RIAA could seek should the matter "
-"proceed to court. See Elizabeth Young, <quote>Downloading Could Lead to "
-"Fines,</quote> redandblack.com, August 2003, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #35</ulink>. For an example of "
-"the RIAA's targeting of student file sharing, and of the subpoenas issued to "
-"universities to reveal student file-sharer identities, see James Collins, "
-"<quote>RIAA Steps Up Bid to Force BC, MIT to Name Students,</quote> "
-"<citetitle>Boston Globe</citetitle>, 8 August 2003, D3, available at <ulink "
-"url=\"http://free-culture.cc/notes/\">link #36</ulink>. <placeholder "
-"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
+"#35</ulink>. For an example of the RIAA's targeting of student file sharing, "
+"and of the subpoenas issued to universities to reveal student file-sharer "
+"identities, see James Collins, <quote>RIAA Steps Up Bid to Force BC, MIT to "
+"Name Students,</quote> <citetitle>Boston Globe</citetitle>, 8 August 2003, "
+"D3, available at <ulink url=\"http://free-culture.cc/notes/\">link "
+"#36</ulink>. <placeholder type=\"indexterm\" id=\"1\"/> <placeholder "
+"type=\"indexterm\" id=\"2\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8884
+#: freeculture.xml:8885
msgid ""
"Alternatively, we could respond to file sharing the way many kids act as "
"though we've responded. We could totally legalize it. Let there be no "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8891
+#: freeculture.xml:8892
msgid ""
"Either response is possible. I think either would be a mistake. Rather than "
"embrace one of these two extremes, we should embrace something that "
#. PAGE BREAK 190
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8903
+#: freeculture.xml:8904
msgid ""
"Yet zero tolerance is increasingly our government's policy. In the middle of "
"the chaos that the Internet has created, an extraordinary land grab is "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8911
+#: freeculture.xml:8912
msgid ""
"I'm not talking about the opportunities for kids to <quote>steal</quote> "
"music. My focus instead is the commercial and cultural innovation that this "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:8924
+#: freeculture.xml:8925
msgid ""
"eMusic opposes music piracy. We are a distributor of copyrighted material, "
"and we want to protect those rights."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:8928
+#: freeculture.xml:8929
msgid ""
"But building a technology fortress that locks in the clout of the major "
"labels is by no means the only way to protect copyright interests, nor is it "
#. f3.
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
-#: freeculture.xml:8945
+#: freeculture.xml:8946
msgid ""
"WIPO and the DMCA One Year Later: Assessing Consumer Access to Digital "
"Entertainment on the Internet and Other Media: Hearing Before the "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:8935
+#: freeculture.xml:8936
msgid ""
"This is a critical point. The choices that industry sectors make with "
"respect to these systems will in many ways directly shape the market for "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:8959 freeculture.xml:9313
+#: freeculture.xml:8960 freeculture.xml:9315
msgid "Vivendi Universal"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8956
+#: freeculture.xml:8957
msgid ""
"In April 2001, eMusic.com was purchased by Vivendi Universal, one of "
"<quote>the major labels.</quote> Its position on these matters has now "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8962
+#: freeculture.xml:8963
msgid ""
"Reversing our tradition of tolerance now will not merely quash piracy. It "
"will sacrifice values that are important to this culture, and will kill "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:8970
+#: freeculture.xml:8971
msgid "CHAPTER TWELVE: Harms"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8972
+#: freeculture.xml:8973
msgid ""
"To fight <quote>piracy,</quote> to protect <quote>property,</quote> the "
"content industry has launched a war. Lobbying and lots of campaign "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8979
+#: freeculture.xml:8980
msgid ""
"My aim so far has been to describe the consequences of this war, in "
"particular, the consequences for <quote>free culture.</quote> But my aim now "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8985
+#: freeculture.xml:8986
msgid ""
"In my view, it is not. There is no good reason why this time, for the first "
"time, the law should defend the old against the new, just when the power of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:8993
+#: freeculture.xml:8994
msgid ""
"Yet <quote>common sense</quote> does not see it this way. Common sense is "
"still on the side of the Causbys and the content industry. The extreme "
#. PAGE BREAK 193
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:9001
+#: freeculture.xml:9002
msgid ""
"There will be many consequences of continuing this war. I want to describe "
"just three. All three might be said to be unintended. I am quite confident "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:9008
+#: freeculture.xml:9009
msgid "Constraining Creators"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9010
+#: freeculture.xml:9011
msgid ""
"In the next ten years we will see an explosion of digital technologies. "
"These technologies will enable almost anyone to capture and share "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9025
+#: freeculture.xml:9026
msgid ""
"This digital <quote>capturing and sharing</quote> is in part an extension of "
"the capturing and sharing that has always been integral to our culture, and "
#. PAGE BREAK 194
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9036
+#: freeculture.xml:9037
msgid ""
"Technology has thus given us an opportunity to do something with culture "
"that has only ever been possible for individuals in small groups, isolated "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9046
+#: freeculture.xml:9047
msgid ""
"Yet all this is possible only if the activity is presumptively legal. In the "
"current regime of legal regulation, it is not. Forget file sharing for a "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:9074 freeculture.xml:9095
+#: freeculture.xml:9075 freeculture.xml:9096
msgid "Worldcom"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9069
+#: freeculture.xml:9070
msgid ""
"See Lynne W. Jeter, <citetitle>Disconnected: Deceit and Betrayal at "
"WorldCom</citetitle> (Hoboken, N.J.: John Wiley & Sons, 2003), 176, 204; "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9090
+#: freeculture.xml:9091
msgid "Bush, George W."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9081
+#: freeculture.xml:9082
msgid ""
"The bill, modeled after California's tort reform model, was passed in the "
"House of Representatives but defeated in a Senate vote in July 2003. For an "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9057
+#: freeculture.xml:9058
msgid ""
"That presumption will increasingly chill creativity, as the examples of "
"extreme penalties for vague infringements continue to proliferate. It is "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9097
+#: freeculture.xml:9098
msgid "art, underground"
msgstr ""
#. f3.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9118
+#: freeculture.xml:9119
msgid ""
"See Danit Lidor, <quote>Artists Just Wanna Be Free,</quote> "
"<citetitle>Wired</citetitle>, 7 July 2003, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9099
+#: freeculture.xml:9100
msgid ""
"The consequence of this legal uncertainty, tied to these extremely high "
"penalties, is that an extraordinary amount of creativity will either never "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9128
+#: freeculture.xml:9130
msgid ""
"Part of the reason for this fear of illegality has to do with the changing "
"law. I described that change in detail in chapter <xref xrefstyle=\"select: "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9140
+#: freeculture.xml:9142
msgid ""
"Never in our history has a painter had to worry about whether his painting "
"infringed on someone else's work; but the modern-day painter, using the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9151
+#: freeculture.xml:9153
msgid ""
"Lawyers rarely see this because lawyers are rarely empirical. As I described "
"in chapter <xref xrefstyle=\"select: labelnumber\" linkend=\"recorders\"/>, "
#. PAGE BREAK 196
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9162
+#: freeculture.xml:9164
msgid ""
"But fair use in America simply means the right to hire a lawyer to defend "
"your right to create. And as lawyers love to forget, our system for "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9172
+#: freeculture.xml:9174
msgid ""
"Judges and lawyers can tell themselves that fair use provides adequate "
"<quote>breathing room</quote> between regulation by the law and the access "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9183
+#: freeculture.xml:9185
msgid ""
"For in a world that threatens $150,000 for a single willful infringement of "
"a copyright, and which demands tens of thousands of dollars to even defend "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9194
+#: freeculture.xml:9196
msgid "As Jed Horovitz, the businessman behind Video Pipeline, said to me,"
msgstr ""
#. PAGE BREAK 197
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9198
+#: freeculture.xml:9200
msgid ""
"We're losing [creative] opportunities right and left. Creative people are "
"being forced not to express themselves. Thoughts are not being "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:9211
+#: freeculture.xml:9213
msgid "Constraining Innovators"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9213
+#: freeculture.xml:9215
msgid ""
"The story of the last section was a crunchy-lefty story—creativity "
"quashed, artists who can't speak, yada yada yada. Maybe that doesn't get you "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9221
+#: freeculture.xml:9223
msgid ""
"But there's an aspect of this story that is not lefty in any sense. Indeed, "
"it is an aspect that could be written by the most extreme promarket "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9231
+#: freeculture.xml:9233
msgid ""
"The charge I've been making about the regulation of culture is the same "
"charge free marketers make about regulating markets. Everyone, of course, "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9243 freeculture.xml:9351
+#: freeculture.xml:9245 freeculture.xml:9353
msgid "Barry, Hank"
msgstr ""
#. PAGE BREAK 198
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9245
+#: freeculture.xml:9247
msgid ""
"This is the single most dramatic effect of the shift in regulatory strategy "
"that I described in chapter <xref xrefstyle=\"select: labelnumber\" "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9258
+#: freeculture.xml:9260
msgid ""
"Consider one example to make the point, a story whose beginning I told in "
"<citetitle>The Future of Ideas</citetitle> and which has progressed in a way "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9262
+#: freeculture.xml:9264
msgid "Roberts, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9264
+#: freeculture.xml:9266
msgid ""
"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 facilitate new "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9272
+#: freeculture.xml:9274
msgid ""
"To make this system work, however, MP3.com needed a reliable way to "
"recommend music to its users. The idea behind this alternative was to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9280
+#: freeculture.xml:9282
msgid ""
"This idea required a simple way to gather data about user preferences. "
"MP3.com came up with an extraordinarily clever way to gather this preference "
#. PAGE BREAK 199
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9292
+#: freeculture.xml:9294
msgid ""
"No doubt some could use this system to illegally copy content. But that "
"opportunity existed with or without MP3.com. The aim of the my.mp3.com "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9301
+#: freeculture.xml:9303
msgid ""
"To make this system function, however, MP3.com needed to copy 50,000 CDs to "
"a server. (In principle, it could have been the user who uploaded the music, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9316
+#: freeculture.xml:9318
msgid ""
"Nine days after MP3.com launched its service, the five major labels, headed "
"by the RIAA, brought a lawsuit against MP3.com. MP3.com settled with four of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9326
+#: freeculture.xml:9328
msgid "That part of the story I have told before. Now consider its conclusion."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9329
+#: freeculture.xml:9331
msgid ""
"After Vivendi purchased MP3.com, Vivendi turned around and filed a "
"malpractice lawsuit against the lawyers who had advised it that they had a "
#. PAGE BREAK 200
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9339
+#: freeculture.xml:9341
msgid ""
"The clear purpose of this lawsuit (which was settled for an unspecified "
"amount shortly after the story was no longer covered in the press) was to "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9350
+#: freeculture.xml:9352
msgid "Hummer, John"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:9352
+#: freeculture.xml:9354
msgid "Hummer Winblad"
msgstr ""
#. f4.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9360
+#: freeculture.xml:9362
msgid ""
"See Joseph Menn, <quote>Universal, EMI Sue Napster Investor,</quote> "
"<citetitle>Los Angeles Times</citetitle>, 23 April 2003. For a parallel "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9354
+#: freeculture.xml:9356
msgid ""
"This strategy is not just limited to the lawyers. In April 2003, Universal "
"and EMI brought a lawsuit against Hummer Winblad, the venture capital firm "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><indexterm><primary>
-#: freeculture.xml:9384
+#: freeculture.xml:9386
msgid "BMW"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9399
+#: freeculture.xml:9401
msgid "Needleman, Rafe"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:9395
+#: freeculture.xml:9397
msgid ""
"Rafe Needleman, <quote>Driving in Cars with MP3s,</quote> "
"<citetitle>Business 2.0</citetitle>, 16 June 2003, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9386
+#: freeculture.xml:9388
msgid ""
"I asked why, with all the storage capacity and computer power in the car, "
"there was no way to play MP3 files. I was told that BMW engineers in Germany "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9404
+#: freeculture.xml:9406
msgid ""
"This is the world of the mafia—filled with <quote>your money or your "
"life</quote> offers, governed in the end not by courts but by the threats "
#. PAGE BREAK 201
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9414
+#: freeculture.xml:9416
msgid ""
"The point is not that businesses should have a right to start illegal "
"enterprises. The point is the definition of <quote>illegal.</quote> The law "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9429
+#: freeculture.xml:9431
msgid ""
"The point is directly parallel to the crunchy-lefty point about fair "
"use. Whatever the <quote>real</quote> law is, realism about the effect of "
#. PAGE BREAK 202
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9441
+#: freeculture.xml:9443
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9463
+#: freeculture.xml:9465
msgid ""
"The motivation for this response is obvious. The Internet enables the "
"efficient spread of content. That efficiency is a feature of the Internet's "
#. f6.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9478
+#: freeculture.xml:9480
msgid ""
"<quote>Copyright and Digital Media in a Post-Napster World,</quote> "
"GartnerG2 and the Berkman Center for Internet and Society at Harvard Law "
#. f7.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9491
+#: freeculture.xml:9493
msgid "GartnerG2, 26–27."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9474
+#: freeculture.xml:9476
msgid ""
"The examples of this form of legislation are many. At the urging of the "
"content industry, some in Congress have threatened legislation that would "
#. PAGE BREAK 203
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9495
+#: freeculture.xml:9497
msgid ""
"In one sense, these solutions seem sensible. If the problem is the code, why "
"not regulate the code to remove the problem. But any regulation of technical "
#. f8.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9509
+#: freeculture.xml:9511
msgid ""
"See David McGuire, <quote>Tech Execs Square Off Over Piracy,</quote> "
"Newsbytes, February 2002 (Entertainment)."
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:9515 freeculture.xml:11363
+#: freeculture.xml:9517 freeculture.xml:11371
msgid "Intel"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9505
+#: freeculture.xml:9507
msgid ""
"In March 2002, a broad coalition of technology companies, led by Intel, "
"tried to get Congress to see the harm that such legislation would "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9518
+#: freeculture.xml:9520
msgid ""
"There is one more obvious way in which this war has harmed "
"innovation—again, a story that will be quite familiar to the free "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9523
+#: freeculture.xml:9525
msgid ""
"Copyright may be property, but like all property, it is also a form of "
"regulation. It is a regulation that benefits some and harms others. When "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9535
+#: freeculture.xml:9537
msgid ""
"Jessica Litman, <citetitle>Digital Copyright</citetitle> (Amherst, N.Y.: "
"Prometheus Books, 2001). <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9529
+#: freeculture.xml:9531
msgid ""
"As I described in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"property-i\"/>, despite this feature of copyright as regulation, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9546
+#: freeculture.xml:9548
msgid ""
"But that pattern of deference to new technologies has now changed with the "
"rise of the Internet. Rather than striking a balance between the claims of a "
#. f10.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9555
+#: freeculture.xml:9557
msgid ""
"The only circuit court exception is found in <citetitle>Recording Industry "
"Association of America (RIAA)</citetitle> v. <citetitle>Diamond Multimedia "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9573
+#: freeculture.xml:9575
msgid "Tauzin, Billy"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9589
+#: freeculture.xml:9591
msgid "Hollings, Fritz"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9573
+#: freeculture.xml:9575
msgid ""
"<placeholder type=\"indexterm\" id=\"0\"/> For example, in July 2002, "
"Representative Howard Berman introduced the Peer-to-Peer Piracy Prevention "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9553
+#: freeculture.xml:9555
msgid ""
"The response by the courts has been fairly universal.<placeholder "
"type=\"footnote\" id=\"0\"/> It has been mirrored in the responses "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9602
+#: freeculture.xml:9604
msgid ""
"As I described in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"pirates\"/>, when a radio station plays a song, the recording "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9614
+#: freeculture.xml:9616
msgid ""
"The reasoning behind this balance struck by Congress makes some sense. The "
"justification was that radio was a kind of advertising. The recording artist "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9625
+#: freeculture.xml:9627
msgid ""
"Enter Internet radio. Like regular radio, Internet radio is a technology to "
"stream content from a broadcaster to a listener. The broadcast travels "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9634
+#: freeculture.xml:9636
msgid ""
"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 "
#. PAGE BREAK 205
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9650
+#: freeculture.xml:9652
msgid ""
"Internet radio is thus to radio what FM was to AM. It is an improvement "
"potentially vastly more significant than the FM improvement over AM, since "
#. f12.
#. type: Content of: <book><part><chapter><section><blockquote><para><footnote><para>
-#: freeculture.xml:9674
+#: freeculture.xml:9676
msgid "Lessing, 239."
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9660
+#: freeculture.xml:9662
msgid ""
"An almost unlimited number of FM stations was possible in the shortwaves, "
"thus ending the unnatural restrictions imposed on radio in the crowded "
#. f13.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9684
+#: freeculture.xml:9686
msgid "Ibid., 229."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9679
+#: freeculture.xml:9681
msgid ""
"This potential for FM radio was never realized—not because Armstrong "
"was wrong about the technology, but because he underestimated the power of "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9689
+#: freeculture.xml:9691
msgid ""
"Now the very same claim could be made about Internet radio. For again, there "
"is no technical limitation that could restrict the number of Internet radio "
#. PAGE BREAK 206
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9701
+#: freeculture.xml:9703
msgid ""
"But here the power of the lobbyists is reversed. Internet radio is a new "
"industry. The recording artists, on the other hand, have a very powerful "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:9740
+#: freeculture.xml:9742
msgid "CARP (Copyright Arbitration Royalty Panel)"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9723
+#: freeculture.xml:9725
msgid ""
"This example was derived from fees set by the original Copyright Arbitration "
"Royalty Panel (CARP) proceedings, and is drawn from an example offered by "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9716
+#: freeculture.xml:9718
msgid ""
"This financial burden is not slight. As Harvard law professor William Fisher "
"estimates, if an Internet radio station distributed adfree popular music to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9748
+#: freeculture.xml:9750
msgid ""
"The burden is not financial only. Under the original rules that were "
"proposed, an Internet radio station (but not a terrestrial radio station) "
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9756
+#: freeculture.xml:9758
msgid "name of the service;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9759
+#: freeculture.xml:9761
msgid "channel of the program (AM/FM stations use station ID);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9762
+#: freeculture.xml:9764
msgid "type of program (archived/looped/live);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9765
+#: freeculture.xml:9767
msgid "date of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9768
+#: freeculture.xml:9770
msgid "time of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9771
+#: freeculture.xml:9773
msgid "time zone of origination of transmission;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9774
+#: freeculture.xml:9776
msgid "numeric designation of the place of the sound recording within the program;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9777
+#: freeculture.xml:9779
msgid "duration of transmission (to nearest second);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9780
+#: freeculture.xml:9782
msgid "sound recording title;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9783
+#: freeculture.xml:9785
msgid "ISRC code of the recording;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9786
+#: freeculture.xml:9788
msgid ""
"release year of the album per copyright notice and in the case of "
"compilation albums, the release year of the album and copy- right date of "
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9789
+#: freeculture.xml:9791
msgid "featured recording artist;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9792
+#: freeculture.xml:9794
msgid "retail album title;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9795
+#: freeculture.xml:9797
msgid "recording label;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9798
+#: freeculture.xml:9800
msgid "UPC code of the retail album;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9801
+#: freeculture.xml:9803
msgid "catalog number;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9804
+#: freeculture.xml:9806
msgid "copyright owner information;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9807
+#: freeculture.xml:9809
msgid "musical genre of the channel or program (station format);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9810
+#: freeculture.xml:9812
msgid "name of the service or entity;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9813
+#: freeculture.xml:9815
msgid "channel or program;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9816
+#: freeculture.xml:9818
msgid "date and time that the user logged in (in the user's time zone);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9819
+#: freeculture.xml:9821
msgid "date and time that the user logged out (in the user's time zone);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9822
+#: freeculture.xml:9824
msgid "time zone where the signal was received (user);"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9825
+#: freeculture.xml:9827
msgid "unique user identifier;"
msgstr ""
#. type: Content of: <book><part><chapter><section><orderedlist><listitem><para>
-#: freeculture.xml:9828
+#: freeculture.xml:9830
msgid "the country in which the user received the transmissions."
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9833
+#: freeculture.xml:9835
msgid ""
"The Librarian of Congress eventually suspended these reporting requirements, "
"pending further study. And he also changed the original rates set by the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9841
+#: freeculture.xml:9843
msgid ""
"Why? What justifies this difference? Was there any study of the economic "
"consequences from Internet radio that would justify these differences? Was "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:9845 freeculture.xml:14487
+#: freeculture.xml:9847 freeculture.xml:14495
msgid "Real Networks"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9850
+#: freeculture.xml:9852
msgid ""
"In a rare bit of candor, one RIAA expert admitted what seemed obvious to "
"everyone at the time. As Alex Alben, vice president for Public Policy at "
#. PAGE BREAK 208
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9856
+#: freeculture.xml:9858
msgid ""
"The RIAA, which was representing the record labels, presented some testimony "
"about what they thought a willing buyer would pay to a willing seller, and "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:9875
+#: freeculture.xml:9877
msgid ""
"And the RIAA experts said, <quote>Well, we don't really model this as an "
"industry with thousands of webcasters, <emphasis>we think it should be an "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9884
+#: freeculture.xml:9886
msgid ""
"Translation: The aim is to use the law to eliminate competition, so that "
"this platform of potentially immense competition, which would cause the "
msgstr ""
#. type: Content of: <book><part><chapter><section><title>
-#: freeculture.xml:9894
+#: freeculture.xml:9896
msgid "Corrupting Citizens"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9896
+#: freeculture.xml:9898
msgid ""
"Overregulation stifles creativity. It smothers innovation. It gives "
"dinosaurs a veto over the future. It wastes the extraordinary opportunity "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9902
+#: freeculture.xml:9904
msgid ""
"In addition to these important harms, there is one more that was important "
"to our forebears, but seems forgotten today. Overregulation corrupts "
#. f15.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9911
+#: freeculture.xml:9913
msgid ""
"Mike Graziano and Lee Rainie, <quote>The Music Downloading Deluge,</quote> "
"Pew Internet and American Life Project (24 April 2001), available at <ulink "
#. PAGE BREAK 209
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9907
+#: freeculture.xml:9909
msgid ""
"The war that is being waged today is a war of prohibition. As with every war "
"of prohibition, it is targeted against the behavior of a very large number "
#. f16.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9945
+#: freeculture.xml:9947
msgid ""
"Alex Pham, <quote>The Labels Strike Back: N.Y. Girl Settles RIAA "
"Case,</quote> <citetitle>Los Angeles Times</citetitle>, 10 September 2003, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9932
+#: freeculture.xml:9934
msgid ""
"The content industry's tactics exploit the failings of the American legal "
"system. When the RIAA brought suit against Jesse Jordan, it knew that in "
#. f17.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9967
+#: freeculture.xml:9969
msgid ""
"Jeffrey A. Miron and Jeffrey Zwiebel, <quote>Alcohol Consumption During "
"Prohibition,</quote> <citetitle>American Economic Review</citetitle> 81, "
#. f18.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9975
+#: freeculture.xml:9977
msgid ""
"National Drug Control Policy: Hearing Before the House Government Reform "
"Committee, 108th Cong., 1st sess. (5 March 2003) (statement of John "
#. f19.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:9985
+#: freeculture.xml:9987
msgid ""
"See James Andreoni, Brian Erard, and Jonathon Feinstein, <quote>Tax "
"Compliance,</quote> <citetitle>Journal of Economic Literature</citetitle> 36 "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:9992
+#: freeculture.xml:9994
msgid "alcohol prohibition"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9957
+#: freeculture.xml:9959
msgid ""
"Wars of prohibition are nothing new in America. This one is just something "
"more extreme than anything we've seen before. We experimented with alcohol "
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:10010
+#: freeculture.xml:10012
msgid "law schools"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:9995
+#: freeculture.xml:9997
msgid ""
"This state of affairs is not without consequence. It is a particularly "
"salient issue for teachers like me, whose job it is to teach law students "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10013
+#: freeculture.xml:10015
msgid ""
"The response to this general illegality is either to enforce the law more "
"severely or to change the law. We, as a society, have to learn how to make "
#. PAGE BREAK 211
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10026
+#: freeculture.xml:10028
msgid ""
"My point is not the idiotic one: Just because people violate a law, we "
"should therefore repeal it. Obviously, we could reduce murder statistics "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10033
+#: freeculture.xml:10035
msgid ""
"My point is instead one that democracies understood for generations, but "
"that we recently have learned to forget. The rule of law depends upon people "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10047
+#: freeculture.xml:10049
msgid ""
"When at least forty-three million citizens download content from the "
"Internet, and when they use tools to combine that content in ways "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10059
+#: freeculture.xml:10061
msgid "This abstract point can be made more clear with a particular example."
msgstr ""
#. PAGE BREAK 212
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10062
+#: freeculture.xml:10064
msgid ""
"We all own CDs. Many of us still own phonograph records. These pieces of "
"plastic encode music that in a certain sense we have bought. The law "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10073
+#: freeculture.xml:10075
msgid ""
"But as the MP3 craze has demonstrated, there is another use of phonograph "
"records that is effectively free. Because these recordings were made without "
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:10081
+#: freeculture.xml:10083
msgid "Adromeda"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10083
+#: freeculture.xml:10085
msgid ""
"This <quote>use</quote> of my records is certainly valuable. I have begun a "
"large process at home of ripping all of my and my wife's CDs, and storing "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10094
+#: freeculture.xml:10096
msgid ""
"This use is enabled by unprotected media—either CDs or records. But "
"unprotected media also enable file sharing. File sharing threatens (or so "
#. PAGE BREAK 213
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10104
+#: freeculture.xml:10106
msgid ""
"If these technologies took off, then the building of large archives of your "
"own music would become quite difficult. You might hang in hacker circles, "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10118
+#: freeculture.xml:10120
msgid ""
"If the only way to assure that artists get paid were the elimination of the "
"ability to freely move content, then these technologies to interfere with "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10127
+#: freeculture.xml:10129
msgid ""
"My point just now is not to prove that there is such a system. I offer a "
"version of such a system in the last chapter of this book. For now, the only "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10138
+#: freeculture.xml:10140
msgid ""
"I believe there is a way to assure that artists are paid without turning "
"forty-three million Americans into felons. But the salient feature of this "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10147
+#: freeculture.xml:10149
msgid ""
"Except that this generation's buggy manufacturers have already saddled "
"Congress, and are riding the law to protect themselves against this new form "
"as criminals and their own survival."
msgstr ""
+#. PAGE BREAK 214
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10153
+#: freeculture.xml:10155
msgid ""
"It is understandable why they choose as they do. It is not understandable "
"why we as a democracy continue to choose as we do. Jack Valenti is charming; "
"but not so charming as to justify giving up a tradition as deep and "
-"important as our tradition of free culture. There's one more aspect to this "
+"important as our tradition of free culture."
+msgstr ""
+
+#. type: Content of: <book><part><chapter><section><para>
+#: freeculture.xml:10168
+msgid ""
+"<emphasis role=\"strong\">There's one</emphasis> more aspect to this "
"corruption that is particularly important to civil liberties, and follows "
"directly from any war of prohibition. As Electronic Frontier Foundation "
"attorney Fred von Lohmann describes, this is the <quote>collateral "
"damage</quote> that <quote>arises whenever you turn a very large percentage "
"of the population into criminals.</quote> This is the collateral damage to "
-"civil liberties generally. <placeholder type=\"indexterm\" id=\"0\"/>"
+"civil liberties generally."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><primary>
-#: freeculture.xml:10172 freeculture.xml:10281
+#: freeculture.xml:10179 freeculture.xml:10289
msgid "von Lohmann, Fred"
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10170
+#: freeculture.xml:10177
msgid ""
"<quote>If you can treat someone as a putative lawbreaker,</quote> von "
"Lohmann explains, <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:10176
+#: freeculture.xml:10183
msgid ""
"then all of a sudden a lot of basic civil liberty protections evaporate to "
"one degree or another. … If you're a copyright infringer, how can you "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10188
+#: freeculture.xml:10195
msgid ""
"And the consequence of this transformation of the American public into "
"criminals is that it becomes trivial, as a matter of due process, to "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10193
+#: freeculture.xml:10200
msgid ""
"Users of the Internet began to see this generally in 2003 as the RIAA "
"launched its campaign to force Internet service providers to turn over the "
#. f20.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10211
+#: freeculture.xml:10218
msgid ""
"See Frank Ahrens, <quote>RIAA's Lawsuits Meet Surprised Targets; Single "
"Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants,</quote> "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10202
+#: freeculture.xml:10209
msgid ""
"The RIAA then expanded this campaign, by announcing a general strategy to "
"sue individual users of the Internet who are alleged to have downloaded "
#. f21.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10229
+#: freeculture.xml:10236
msgid ""
"See <quote>Revealed: How RIAA Tracks Downloaders: Music Industry Discloses "
"Some Methods Used,</quote> CNN.com, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10225
+#: freeculture.xml:10232
msgid ""
"Even this understates the espionage that is being waged by the RIAA. A "
"report from CNN late last summer described a strategy the RIAA had adopted "
#. f22.
#. type: Content of: <book><part><chapter><section><para><footnote><para>
-#: freeculture.xml:10250
+#: freeculture.xml:10257
msgid ""
"See Jeff Adler, <quote>Cambridge: On Campus, Pirates Are Not "
"Penitent,</quote> <citetitle>Boston Globe</citetitle>, 18 May 2003, City "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10238
+#: freeculture.xml:10245
msgid ""
"So imagine the following not-implausible scenario: Imagine a friend gives a "
"CD to your daughter—a collection of songs just like the cassettes you "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10269
+#: freeculture.xml:10277
msgid ""
"Now, of course, she'll have the right to defend herself. You can hire a "
"lawyer for her (at $300 per hour, if you're lucky), and she can plead that "
msgstr ""
#. type: Content of: <book><part><chapter><section><blockquote><para>
-#: freeculture.xml:10285
+#: freeculture.xml:10293
msgid ""
"So when we're talking about numbers like forty to sixty million Americans "
"that are essentially copyright infringers, you create a situation where the "
msgstr ""
#. type: Content of: <book><part><chapter><section><para>
-#: freeculture.xml:10305
+#: freeculture.xml:10313
msgid ""
"When forty to sixty million Americans are considered "
"<quote>criminals</quote> under the law, and when the law could achieve the "
msgstr ""
#. type: Content of: <book><part><title>
-#: freeculture.xml:10318
+#: freeculture.xml:10326
msgid "BALANCES"
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10323
+#: freeculture.xml:10331
msgid ""
"So here's the picture: You're standing at the side of the road. Your car is "
"on fire. You are angry and upset because in part you helped start the "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10329
+#: freeculture.xml:10337
msgid ""
"As you ponder the mess, someone else comes along. In a panic, she grabs the "
"bucket. Before you have a chance to tell her to stop—or before she "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10337
+#: freeculture.xml:10345
msgid ""
"A war about copyright rages all around—and we're all focusing on the "
"wrong thing. No doubt, current technologies threaten existing businesses. "
#. PAGE BREAK 219
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10346
+#: freeculture.xml:10354
msgid ""
"Yet policy makers are not willing to leave this fire to itself. Primed with "
"plenty of lobbyists' money, they are keen to intervene to eliminate the "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10354
+#: freeculture.xml:10362
msgid ""
"Somehow we have to find a way to turn attention to this more important and "
"fundamental issue. Somehow we have to find a way to avoid pouring gasoline "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10359
+#: freeculture.xml:10367
msgid ""
"We have not found that way yet. Instead, we seem trapped in a simpler, "
"binary view. However much many people push to frame this debate more "
msgstr ""
#. type: Content of: <book><part><partintro><para>
-#: freeculture.xml:10365
+#: freeculture.xml:10373
msgid ""
"This challenge has been my life these last few years. It has also been my "
"failure. In the two chapters that follow, I describe one small brace of "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:10375
+#: freeculture.xml:10383
msgid "CHAPTER THIRTEEN: Eldred"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10377
+#: freeculture.xml:10385
msgid "Hawthorne, Nathaniel"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10380
+#: freeculture.xml:10388
msgid ""
"In 1995, a father was frustrated that his daughters didn't seem to like "
"Hawthorne. No doubt there was more than one such father, but at least one "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10389
+#: freeculture.xml:10397
msgid ""
"It didn't work—at least for his daughters. They didn't find Hawthorne "
"any more interesting than before. But Eldred's experiment gave birth to a "
#. PAGE BREAK 221
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10396
+#: freeculture.xml:10404
msgid ""
"Eldred's library was not simply a copy of certain public domain works, "
"though even a copy would have been of great value to people across the world "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10407
+#: freeculture.xml:10415
msgid ""
"Eldred's freedom to do this with Hawthorne's work grew from the same source "
"as Disney's. Hawthorne's <citetitle>Scarlet Letter</citetitle> had passed "
#. f1.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10431
+#: freeculture.xml:10439
msgid ""
"There's a parallel here with pornography that is a bit hard to describe, but "
"it's a strong one. One phenomenon that the Internet created was a world of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10420
+#: freeculture.xml:10428
msgid ""
"The Internet created the possibility of noncommercial publications of public "
"domain works. Eldred's is just one example. There are literally thousands of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10448
+#: freeculture.xml:10456
msgid ""
"As I said, Eldred lives in New Hampshire. In 1998, Robert Frost's collection "
"of poems <citetitle>New Hampshire</citetitle> was slated to pass into the "
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:10461 freeculture.xml:10471
+#: freeculture.xml:10469 freeculture.xml:10479
msgid "Bono, Mary"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:10462 freeculture.xml:10472
+#: freeculture.xml:10470 freeculture.xml:10480
msgid "Bono, Sonny"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10471
+#: freeculture.xml:10479
msgid ""
"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
"id=\"1\"/> The full text is: <quote>Sonny [Bono] wanted the term of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10466
+#: freeculture.xml:10474
msgid ""
"This was the Sonny Bono Copyright Term Extension Act (CTEA), enacted in "
"memory of the congressman and former musician Sonny Bono, who, his widow, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10484
+#: freeculture.xml:10492
msgid ""
"Eldred decided to fight this law. He first resolved to fight it through "
"civil disobedience. In a series of interviews, Eldred announced that he "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10493
+#: freeculture.xml:10501
msgid ""
"It was here that I became involved in Eldred's battle. I was a "
"constitutional scholar whose first passion was constitutional "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:10504
+#: freeculture.xml:10512
msgid ""
"Congress has the power to promote the Progress of Science … by "
"securing for limited Times to Authors … exclusive Right to their "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10510
+#: freeculture.xml:10518
msgid ""
"As I've described, this clause is unique within the power-granting clause of "
"Article I, section 8 of our Constitution. Every other clause granting power "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:10529 freeculture.xml:11999
+#: freeculture.xml:10537 freeculture.xml:12007
msgid "Jaszi, Peter"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10520
+#: freeculture.xml:10528
msgid ""
"In the past forty years, Congress has gotten into the practice of extending "
"existing terms of copyright protection. What puzzled me about this was, if "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10532
+#: freeculture.xml:10540
msgid ""
"As an academic, my first response was to hit the books. I remember sitting "
"late at the office, scouring on-line databases for any serious consideration "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10543
+#: freeculture.xml:10551
msgid ""
"For this is the core of the corruption in our present system of "
"government. <quote>Corruption</quote> not in the sense that representatives "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10552
+#: freeculture.xml:10560
msgid ""
"If that's not obvious to you, consider the following: Say you're one of the "
"very few lucky copyright owners whose copyright continues to make money one "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10562
+#: freeculture.xml:10570
msgid ""
"So imagine the Robert Frost estate is earning $100,000 a year from three of "
"Frost's poems. And imagine the copyright for those poems is about to "
#. PAGE BREAK 224
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10569
+#: freeculture.xml:10577
msgid ""
"<quote>Next year,</quote> the adviser announces, <quote>our copyrights in "
"works A, B, and C will expire. That means that after next year, we will no "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10577
+#: freeculture.xml:10585
msgid ""
"<quote>There's a proposal in Congress, however,</quote> she continues, "
"<quote>that could change this. A few congressmen are floating a bill to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10583
+#: freeculture.xml:10591
msgid ""
"<quote>Hope?</quote> a fellow board member says. <quote>Can't we be doing "
"something about it?</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10587
+#: freeculture.xml:10595
msgid ""
"<quote>Well, obviously, yes,</quote> the adviser responds. <quote>We could "
"contribute to the campaigns of a number of representatives to try to assure "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10592
+#: freeculture.xml:10600
msgid ""
"You hate politics. You hate contributing to campaigns. So you want to know "
"whether this disgusting practice is worth it. <quote>How much would we get "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10598
+#: freeculture.xml:10606
msgid ""
"<quote>Well,</quote> the adviser says, <quote>if you're confident that you "
"will continue to get at least $100,000 a year from these copyrights, and you "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10604
+#: freeculture.xml:10612
msgid ""
"You're a bit shocked by the number, but you quickly come to the correct "
"conclusion:"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10608
+#: freeculture.xml:10616
msgid ""
"<quote>So you're saying it would be worth it for us to pay more than "
"$1,000,000 in campaign contributions if we were confident those "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10614
+#: freeculture.xml:10622
msgid ""
"<quote>Absolutely,</quote> the adviser responds. <quote>It is worth it to "
"you to contribute up to the `present value' of the income you expect from "
#. PAGE BREAK 225
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10620
+#: freeculture.xml:10628
msgid ""
"You quickly get the point—you as the member of the board and, I trust, "
"you the reader. Each time copyrights are about to expire, every beneficiary "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10631
+#: freeculture.xml:10639
msgid ""
"Thus a congressional perpetual motion machine: So long as legislation can be "
"bought (albeit indirectly), there will be all the incentive in the world to "
#. f3.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10643
+#: freeculture.xml:10651
msgid ""
"Associated Press, <quote>Disney Lobbying for Copyright Extension No Mickey "
"Mouse Effort; Congress OKs Bill Granting Creators 20 More Years,</quote> "
#. f4.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10650
+#: freeculture.xml:10658
msgid ""
"See Nick Brown, <quote>Fair Use No More?: Copyright in the Information "
"Age,</quote> available at <ulink url=\"http://free-culture.cc/notes/\">link "
#. f5.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10658
+#: freeculture.xml:10666
msgid ""
"Alan K. Ota, <quote>Disney in Washington: The Mouse That Roars,</quote> "
"<citetitle>Congressional Quarterly This Week</citetitle>, 8 August 1990, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10636
+#: freeculture.xml:10644
msgid ""
"In the lobbying that led to the passage of the Sonny Bono Copyright Term "
"Extension Act, this <quote>theory</quote> about incentives was proved "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10665
+#: freeculture.xml:10673
msgid ""
"Constitutional law is not oblivious to the obvious. Or at least, it need not "
"be. So when I was considering Eldred's complaint, this reality about the "
#. PAGE BREAK 226
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10678
+#: freeculture.xml:10686
msgid ""
"It was also my judgment that <emphasis>this</emphasis> Supreme Court would "
"not allow Congress to extend existing terms. As anyone close to the Supreme "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10691
+#: freeculture.xml:10699
msgid ""
"Since 1937, the Supreme Court had interpreted Congress's granted powers very "
"broadly; so, while the Constitution grants Congress the power to regulate "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10701
+#: freeculture.xml:10709
msgid ""
"As the economy grew, this standard increasingly meant that there was no "
"limit to Congress's power to regulate, since just about every activity, when "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10707 freeculture.xml:11492
+#: freeculture.xml:10715 freeculture.xml:11500
msgid "Rehnquist, William H."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10709
+#: freeculture.xml:10717
msgid ""
"The Supreme Court, under Chief Justice Rehnquist's command, changed that in "
"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>. The "
#. f6.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10724
+#: freeculture.xml:10732
msgid ""
"<citetitle>United States</citetitle> v. <citetitle>Lopez</citetitle>, 514 "
"U.S. 549, 564 (1995)."
#. f7.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10731
+#: freeculture.xml:10739
msgid ""
"<citetitle>United States</citetitle> v. <citetitle>Morrison</citetitle>, 529 "
"U.S. 598 (2000)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10722
+#: freeculture.xml:10730
msgid ""
"<quote>We pause to consider the implications of the government's "
"arguments,</quote> the Chief Justice wrote.<placeholder type=\"footnote\" "
#. f8.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10738
+#: freeculture.xml:10746
msgid ""
"If it is a principle about enumerated powers, then the principle carries "
"from one enumerated power to another. The animating point in the context of "
#. PAGE BREAK 227
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10735
+#: freeculture.xml:10743
msgid ""
"If a principle were at work here, then it should apply to the Progress "
"Clause as much as the Commerce Clause.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10759
+#: freeculture.xml:10767
msgid ""
"<emphasis>If</emphasis>, that is, the principle announced in "
"<citetitle>Lopez</citetitle> stood for a principle. Many believed the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10772
+#: freeculture.xml:10780
msgid ""
"Now let's pause for a moment to make sure we understand what the argument in "
"<citetitle>Eldred</citetitle> was not about. By insisting on the "
#. f9.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10795
+#: freeculture.xml:10803
msgid ""
"Brief of the Nashville Songwriters Association, "
"<citetitle>Eldred</citetitle> v. <citetitle>Ashcroft</citetitle>, 537 U.S. "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:10803
+#: freeculture.xml:10811
msgid "Nashville Songwriters Association"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10789
+#: freeculture.xml:10797
msgid ""
"Some people view the public domain with contempt. In their brief before the "
"Supreme Court, the Nashville Songwriters Association wrote that the public "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10806
+#: freeculture.xml:10814
msgid ""
"As we've seen, our constitutional system requires limits on copyright as a "
"way to assure that copyright holders do not too heavily influence the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10818
+#: freeculture.xml:10826
msgid ""
"It is valuable copyrights that are responsible for terms being extended. "
"Mickey Mouse and <quote>Rhapsody in Blue.</quote> These works are too "
#. f10.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10839
+#: freeculture.xml:10847
msgid ""
"The figure of 2 percent is an extrapolation from the study by the "
"Congressional Research Service, in light of the estimated renewal "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10833
+#: freeculture.xml:10841
msgid ""
"If you look at the work created in the first twenty years (1923 to 1942) "
"affected by the Sonny Bono Copyright Term Extension Act, 2 percent of that "
#. PAGE BREAK 229
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10848
+#: freeculture.xml:10856
msgid ""
"Think practically about the consequence of this extension—practically, "
"as a businessperson, and not as a lawyer eager for more legal work. In 1930, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10861
+#: freeculture.xml:10869
msgid ""
"Well, first, you'd have to determine which of the 9,873 books were still "
"under copyright. That requires going to a library (these data are not "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10869
+#: freeculture.xml:10877
msgid ""
"Then for the books still under copyright, you would need to locate the "
"current copyright owners. How would you do that?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10873
+#: freeculture.xml:10881
msgid ""
"Most people think that there must be a list of these copyright owners "
"somewhere. Practical people think this way. How could there be thousands and "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10880
+#: freeculture.xml:10888
msgid ""
"But there is no list. There may be a name from 1930, and then in 1959, of "
"the person who registered the copyright. But just think practically about "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10889
+#: freeculture.xml:10897
msgid ""
"<quote>But there isn't a list of who owns property generally,</quote> the "
"apologists for the system respond. <quote>Why should there be a list of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10894
+#: freeculture.xml:10902
msgid ""
"Well, actually, if you think about it, there <emphasis>are</emphasis> plenty "
"of lists of who owns what property. Think about deeds on houses, or titles "
#. PAGE BREAK 230
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10903
+#: freeculture.xml:10911
msgid ""
"So: You walk down a street and see a house. You can know who owns the house "
"by looking it up in the courthouse registry. If you see a car, there is "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10918
+#: freeculture.xml:10926
msgid ""
"Compare this story to intangible property. You go into a library. The "
"library owns the books. But who owns the copyrights? As I've already "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10930
+#: freeculture.xml:10938
msgid ""
"The consequence with respect to old books is that they won't be digitized, "
"and hence will simply rot away on shelves. But the consequence for other "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10936
+#: freeculture.xml:10944
msgid "Agee, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10938 freeculture.xml:11375
+#: freeculture.xml:10946 freeculture.xml:11383
msgid "Hal Roach Studios"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:10939
+#: freeculture.xml:10947
msgid "Laurel and Hardy Films"
msgstr ""
#. f11.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10952
+#: freeculture.xml:10960
msgid ""
"See David G. Savage, <quote>High Court Scene of Showdown on Copyright "
"Law,</quote> <citetitle>Los Angeles Times</citetitle>, 6 October 2002; David "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:10958
+#: freeculture.xml:10966
msgid "Lucky Dog, The"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10941
+#: freeculture.xml:10949
msgid ""
"Consider the story of Michael Agee, chairman of Hal Roach Studios, which "
"owns the copyrights for the Laurel and Hardy films. Agee is a direct "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10961
+#: freeculture.xml:10969
msgid ""
"Yet Agee opposed the CTEA. His reasons demonstrate a rare virtue in this "
"culture: selflessness. He argued in a brief before the Supreme Court that "
#. PAGE BREAK 231
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10967
+#: freeculture.xml:10975
msgid ""
"His argument is straightforward. A tiny fraction of this work has any "
"continuing commercial value. The rest—to the extent it survives at "
#. f12.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10985
+#: freeculture.xml:10993
msgid ""
"Brief of Hal Roach Studios and Michael Agee as Amicus Curiae Supporting the "
"Petitoners, <citetitle>Eldred</citetitle> "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10978
+#: freeculture.xml:10986
msgid ""
"We can't know the benefits, but we do know a lot about the costs. For most "
"of the history of film, the costs of restoring film were very high; digital "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10995
+#: freeculture.xml:11003
msgid ""
"Restoration technology is not the only cost, nor the most important. "
"Lawyers, too, are a cost, and increasingly, a very important one. In "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11003
+#: freeculture.xml:11011
msgid ""
"Or more accurately, <emphasis>owners</emphasis>. As we've seen, there isn't "
"only a single copyright associated with a film; there are many. There isn't "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11011
+#: freeculture.xml:11019
msgid ""
"<quote>But can't you just restore the film, distribute it, and then pay the "
"copyright owner when she shows up?</quote> Sure, if you want to commit a "
#. PAGE BREAK 232
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11022
+#: freeculture.xml:11030
msgid ""
"For some films, the benefit of releasing the film may well exceed these "
"costs. But for the vast majority of them, there is no way the benefit would "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11033
+#: freeculture.xml:11041
msgid ""
"But by the time the copyright for these films expires, the film will have "
"expired. These films were produced on nitrate-based stock, and nitrate stock "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11041
+#: freeculture.xml:11049
msgid ""
"Of all the creative work produced by humans anywhere, a tiny fraction has "
"continuing commercial value. For that tiny fraction, the copyright is a "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11050
+#: freeculture.xml:11058
msgid ""
"But even for that tiny fraction, the actual time during which the creative "
"work has a commercial life is extremely short. As I've indicated, most books "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11060
+#: freeculture.xml:11068
msgid ""
"Yet that doesn't mean the life of the creative work ends. We don't keep "
"libraries of books in order to compete with Barnes & Noble, and we don't "
#. PAGE BREAK 233
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11073
+#: freeculture.xml:11081
msgid ""
"Copyrights in this context do not drive an engine of free expression. In "
"this context, there is no need for an exclusive right. Copyrights in this "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11080
+#: freeculture.xml:11088
msgid ""
"Yet, for most of our history, they also did little harm. For most of our "
"history, when a work ended its commercial life, there was no "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11091
+#: freeculture.xml:11099
msgid ""
"The same was effectively true of film. Because the costs of restoring a "
"film—the real economic costs, not the lawyer costs—were so high, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11100
+#: freeculture.xml:11108
msgid ""
"In other words, though copyright has been relatively short for most of our "
"history, long copyrights wouldn't have mattered for the works that lost "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11106
+#: freeculture.xml:11114
msgid "But this situation has now changed."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11112
+#: freeculture.xml:11120
msgid ""
"One crucially important consequence of the emergence of digital technologies "
"is to enable the archive that Brewster Kahle dreams of. Digital "
#. PAGE BREAK 234
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11125
+#: freeculture.xml:11133
msgid ""
"And now copyright law does get in the way. Every step of producing this "
"digital archive of our culture infringes on the exclusive right of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11135
+#: freeculture.xml:11143
msgid ""
"Here is the core of the harm that comes from extending terms: Now that "
"technology enables us to rebuild the library of Alexandria, the law gets in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11146
+#: freeculture.xml:11154
msgid ""
"You may well ask, <quote>But if digital technologies lower the costs for "
"Brewster Kahle, then they will lower the costs for Random House, too. So "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11152
+#: freeculture.xml:11160
msgid ""
"Maybe. Someday. But there is absolutely no evidence to suggest that "
"publishers would be as complete as libraries. If Barnes & Noble offered "
#. f13.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11176
+#: freeculture.xml:11184
msgid ""
"Jason Schultz, <quote>The Myth of the 1976 Copyright `Chaos' Theory,</quote> "
"20 December 2002, available at <ulink "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11164
+#: freeculture.xml:11172
msgid ""
"I would be the first to agree that it should do as much as it can: We should "
"rely upon the market as much as possible to spread and enable culture. My "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11183
+#: freeculture.xml:11191
msgid ""
"In January 1999, we filed a lawsuit on Eric Eldred's behalf in federal "
"district court in Washington, D.C., asking the court to declare the Sonny "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11191
+#: freeculture.xml:11199
msgid ""
"The district court dismissed our claims without even hearing an argument. A "
"panel of the Court of Appeals for the D.C. Circuit also dismissed our "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11198
+#: freeculture.xml:11206
msgid ""
"Judge David Sentelle said the CTEA violated the requirement that copyrights "
"be for <quote>limited Times</quote> only. His argument was as elegant as it "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11209
+#: freeculture.xml:11217
msgid ""
"We asked the Court of Appeals for the D.C. Circuit as a whole to hear the "
"case. Cases are ordinarily heard in panels of three, except for important "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11214
+#: freeculture.xml:11222
msgid "Tatel, David"
msgstr ""
#. PAGE BREAK 236
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11216
+#: freeculture.xml:11224
msgid ""
"The Court of Appeals rejected our request to hear the case en banc. This "
"time, Judge Sentelle was joined by the most liberal member of the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11225
+#: freeculture.xml:11233
msgid ""
"It was here that most expected Eldred v. Ashcroft would die, for the Supreme "
"Court rarely reviews any decision by a court of appeals. (It hears about one "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11232
+#: freeculture.xml:11240
msgid ""
"But in February 2002, the Supreme Court surprised the world by granting our "
"petition to review the D.C. Circuit opinion. Argument was set for October of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11238
+#: freeculture.xml:11246
msgid ""
"It is over a year later as I write these words. It is still astonishingly "
"hard. If you know anything at all about this story, you know that we lost "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11248
+#: freeculture.xml:11256
msgid ""
"But my client and these friends were wrong. This case could have been "
"won. It should have been won. And no matter how hard I try to retell this "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11253 freeculture.xml:11267
+#: freeculture.xml:11261 freeculture.xml:11275
msgid "Steward, Geoffrey"
msgstr ""
#. PAGE BREAK 237
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11255
+#: freeculture.xml:11263
msgid ""
"The mistake was made early, though it became obvious only at the very "
"end. Our case had been supported from the very beginning by an extraordinary "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11265 freeculture.xml:11616 freeculture.xml:11632 freeculture.xml:11726 freeculture.xml:11942 freeculture.xml:11973 freeculture.xml:12066
+#: freeculture.xml:11273 freeculture.xml:11624 freeculture.xml:11640 freeculture.xml:11734 freeculture.xml:11950 freeculture.xml:11981 freeculture.xml:12074
msgid "Ayer, Don"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11266
+#: freeculture.xml:11274
msgid "Bromberg, Dan"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11269
+#: freeculture.xml:11277
msgid ""
"There were three key lawyers on the case from Jones Day. Geoff Stewart was "
"the first, but then Dan Bromberg and Don Ayer became quite "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11279
+#: freeculture.xml:11287
msgid ""
"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 think it "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11300
+#: freeculture.xml:11308
msgid ""
"In any case, I thought, the Court must already see the danger and the harm "
"caused by this sort of law. Why else would they grant review? There was no "
#. PAGE BREAK 238
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11308
+#: freeculture.xml:11316
msgid ""
"There was one way, however, in which I felt politics would matter and in "
"which I thought a response was appropriate. I was convinced that the Court "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11339 freeculture.xml:11365
+#: freeculture.xml:11347 freeculture.xml:11373
msgid "Eagle Forum"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11340
+#: freeculture.xml:11348
msgid "Schlafly, Phyllis"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11327
+#: freeculture.xml:11335
msgid ""
"The first step happened all by itself. Phyllis Schlafly's organization, "
"Eagle Forum, had been an opponent of the CTEA from the very beginning. "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11343
+#: freeculture.xml:11351
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11351
+#: freeculture.xml:11359
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11372
+#: freeculture.xml:11380
msgid "American Association of Law Libraries"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11373
+#: freeculture.xml:11381
msgid "National Writers Union"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11368
+#: freeculture.xml:11376
msgid ""
"Those briefs framed a legal argument. Then to support the legal argument, "
"there were a number of powerful briefs by libraries and archives, including "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11377
+#: freeculture.xml:11385
msgid ""
"But two briefs captured the policy argument best. One made the argument I've "
"already described: A brief by Hal Roach Studios argued that unless the law "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11383
+#: freeculture.xml:11391
msgid "Akerlof, George"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11384
+#: freeculture.xml:11392
msgid "Arrow, Kenneth"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11385
+#: freeculture.xml:11393
msgid "Buchanan, James"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11386
+#: freeculture.xml:11394
msgid "Coase, Ronald"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11387
+#: freeculture.xml:11395
msgid "Friedman, Milton"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11389
+#: freeculture.xml:11397
msgid ""
"This economists' brief was signed by seventeen economists, including five "
"Nobel Prize winners, including Ronald Coase, James Buchanan, Milton "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11412 freeculture.xml:11428 freeculture.xml:11623 freeculture.xml:11978
+#: freeculture.xml:11420 freeculture.xml:11436 freeculture.xml:11631 freeculture.xml:11986
msgid "Fried, Charles"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11413
+#: freeculture.xml:11421
msgid "Morrison, Alan"
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11414
+#: freeculture.xml:11422
msgid "Public Citizen"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:11415 freeculture.xml:11617 freeculture.xml:12724
+#: freeculture.xml:11423 freeculture.xml:11625 freeculture.xml:12732
msgid "Reagan, Ronald"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11400
+#: freeculture.xml:11408
msgid ""
"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 us from "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11418
+#: freeculture.xml:11426
msgid ""
"Fried was a special victory for our side. Every other former solicitor "
"general was hired by the other side to defend Congress's power to give media "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11431
+#: freeculture.xml:11439
msgid ""
"The government, in defending the statute, had its collection of friends, as "
"well. Significantly, however, none of these <quote>friends</quote> included "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11438
+#: freeculture.xml:11446
msgid ""
"The media companies were not surprising. They had the most to gain from the "
"law. The congressmen were not surprising either—they were defending "
#. f14.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11454
+#: freeculture.xml:11462
msgid ""
"Brief of Amici Dr. Seuss Enterprise et al., <citetitle>Eldred</citetitle> "
"v. <citetitle>Ashcroft</citetitle>, 537 U.S. (2003) (No. 01-618), 19."
#. f15.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11462
+#: freeculture.xml:11470
msgid ""
"Dinitia Smith, <quote>Immortal Words, Immortal Royalties? Even Mickey Mouse "
"Joins the Fray,</quote> <citetitle>New York Times</citetitle>, 28 March "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:11469
+#: freeculture.xml:11477
msgid "Gershwin, George"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11447
+#: freeculture.xml:11455
msgid ""
"Dr. Seuss's representatives, for example, argued that it was better for the "
"Dr. Seuss estate to control what happened to Dr. Seuss's work— better "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11472
+#: freeculture.xml:11480
msgid ""
"This argument made clear a theme that is rarely noticed in this debate. "
"When Congress decides to extend the term of existing copyrights, Congress is "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11484
+#: freeculture.xml:11492
msgid ""
"We argued as much in a final brief. Not only would upholding the CTEA mean "
"that there was no limit to the power of Congress to extend "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11493 freeculture.xml:11671
+#: freeculture.xml:11501 freeculture.xml:11679
msgid "O'Connor, Sandra Day"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11495
+#: freeculture.xml:11503
msgid ""
"The Supreme Court was divided into two important camps. One camp we called "
"<quote>the Conservatives.</quote> The other we called <quote>the "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11504 freeculture.xml:11528 freeculture.xml:11870 freeculture.xml:11882
+#: freeculture.xml:11512 freeculture.xml:11536 freeculture.xml:11878 freeculture.xml:11890
msgid "Breyer, Stephen"
msgstr ""
#. PAGE BREAK 242
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11506
+#: freeculture.xml:11514
msgid ""
"The Rest were the four Justices who had strongly opposed limits on "
"Congress's power. These four—Justice Stevens, Justice Souter, Justice "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11518
+#: freeculture.xml:11526
msgid ""
"In particular, the least likely was Justice Ginsburg's. In addition to her "
"general view about deference to Congress (except where issues of gender are "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11530
+#: freeculture.xml:11538
msgid ""
"Close behind Justice Ginsburg were two justices whom we also viewed as "
"unlikely allies, though possible surprises. Justice Souter strongly favored "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11538
+#: freeculture.xml:11546
msgid ""
"The only vote we could be confident about was that of Justice "
"Stevens. History will record Justice Stevens as one of the greatest judges "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11546
+#: freeculture.xml:11554
msgid ""
"This analysis of <quote>the Rest</quote> showed most clearly where our focus "
"had to be: on the Conservatives. To win this case, we had to crack open "
#. PAGE BREAK 243
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11556
+#: freeculture.xml:11564
msgid ""
"This then was the core of our strategy—a strategy for which I am "
"responsible. We would get the Court to see that just as with the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11570
+#: freeculture.xml:11578
msgid ""
"The argument on the government's side came down to this: Congress has done "
"it before. It should be allowed to do it again. The government claimed that "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11577
+#: freeculture.xml:11585
msgid ""
"There was some truth to the government's claim, but not much. We certainly "
"agreed that Congress had extended existing terms in 1831 and in 1909. And of "
#. PAGE BREAK 244
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11584
+#: freeculture.xml:11592
msgid ""
"But this <quote>consistency</quote> should be kept in perspective. Congress "
"extended existing terms once in the first hundred years of the Republic. It "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11607
+#: freeculture.xml:11615
msgid ""
"I was convinced that to win, I had to keep the Court focused on a single "
"point: that if this extension is permitted, then there is no limit to the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11619
+#: freeculture.xml:11627
msgid ""
"One moot was before the lawyers at Jones Day. Don Ayer was the skeptic. He "
"had served in the Reagan Justice Department with Solicitor General Charles "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11626
+#: freeculture.xml:11634
msgid ""
"<quote>I'm just afraid that unless they really see the harm, they won't be "
"willing to upset this practice that the government says has been a "
#. PAGE BREAK 245
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11634
+#: freeculture.xml:11642
msgid ""
"He may have argued many cases before this Court, I thought, but he didn't "
"understand its soul. As a clerk, I had seen the Justices do the right "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11651
+#: freeculture.xml:11659
msgid ""
"Not everyone has to wait in line. People who know the Justices can ask for "
"seats they control. (I asked Justice Scalia's chambers for seats for my "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11666
+#: freeculture.xml:11674
msgid ""
"When the Chief Justice called me to begin my argument, I began where I "
"intended to stay: on the question of the limits on Congress's power. This "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11673
+#: freeculture.xml:11681
msgid ""
"Justice O'Connor stopped me within one minute of my opening. The history "
"was bothering her."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11678
+#: freeculture.xml:11686
msgid ""
"justice o'connor: Congress has extended the term so often through the years, "
"and if you are right, don't we run the risk of upsetting previous extensions "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11685
+#: freeculture.xml:11693
msgid ""
"She was quite willing to concede <quote>that this flies directly in the face "
"of what the framers had in mind.</quote> But my response again and again was "
#. PAGE BREAK 246
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11691
+#: freeculture.xml:11699
msgid ""
"mr. lessig: Well, if it flies in the face of what the framers had in mind, "
"then the question is, is there a way of interpreting their words that gives "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11699
+#: freeculture.xml:11707
msgid ""
"There were two points in this argument when I should have seen where the "
"Court was going. The first was a question by Justice Kennedy, who observed,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11705
+#: freeculture.xml:11713
msgid ""
"justice kennedy: Well, I suppose implicit in the argument that the '76 act, "
"too, should have been declared void, and that we might leave it alone "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11713
+#: freeculture.xml:11721
msgid ""
"Here follows my clear mistake. Like a professor correcting a student, I "
"answered,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11719
+#: freeculture.xml:11727
msgid ""
"mr. lessig: Justice, we are not making an empirical claim at all. Nothing "
"in our Copyright Clause claim hangs upon the empirical assertion about "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11728
+#: freeculture.xml:11736
msgid ""
"That was a correct answer, but it wasn't the right answer. The right answer "
"was instead that there was an obvious and profound harm. Any number of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11735
+#: freeculture.xml:11743
msgid ""
"The second came from the Chief, for whom the whole case had been "
"crafted. For the Chief Justice had crafted the <citetitle>Lopez</citetitle> "
#. PAGE BREAK 247
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11740
+#: freeculture.xml:11748
msgid ""
"It was clear a second into his question that he wasn't at all sympathetic. "
"To him, we were a bunch of anarchists. As he asked:"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11747
+#: freeculture.xml:11755
msgid ""
"chief justice: Well, but you want more than that. You want the right to copy "
"verbatim other people's books, don't you?"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11751
+#: freeculture.xml:11759
msgid ""
"mr. lessig: We want the right to copy verbatim works that should be in the "
"public domain and would be in the public domain but for a statute that "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11759
+#: freeculture.xml:11767
msgid "Olson, Theodore B."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11761
+#: freeculture.xml:11769
msgid ""
"Things went better for us when the government gave its argument; for now the "
"Court picked up on the core of our claim. As Justice Scalia asked Solicitor "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:11767
+#: freeculture.xml:11775
msgid ""
"justice scalia: You say that the functional equivalent of an unlimited time "
"would be a violation [of the Constitution], but that's precisely the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11775
+#: freeculture.xml:11783
msgid ""
"When Olson was finished, it was my turn to give a closing rebuttal. Olson's "
"flailing had revived my anger. But my anger still was directed to the "
#. PAGE BREAK 248
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11788
+#: freeculture.xml:11796
msgid ""
"As I left the court that day, I knew there were a hundred points I wished I "
"could remake. There were a hundred questions I wished I had answered "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11796
+#: freeculture.xml:11804
msgid ""
"The government had been asked over and over again, what is the limit? Over "
"and over again, it had answered there is no limit. This was precisely the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11811
+#: freeculture.xml:11819
msgid ""
"The morning of January 15, 2003, I was five minutes late to the office and "
"missed the 7:00 A.M. call from the Supreme Court clerk. Listening to the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11818
+#: freeculture.xml:11826
msgid ""
"A few seconds later, the opinions arrived by e-mail. I took the phone off "
"the hook, posted an announcement to our blog, and sat down to see where I "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11823
+#: freeculture.xml:11831
msgid ""
"My <emphasis>reasoning</emphasis>. Here was a case that pitted all the money "
"in the world against <emphasis>reasoning</emphasis>. And here was the last "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11829
+#: freeculture.xml:11837
msgid ""
"I first scoured the opinion, looking for how the Court would distinguish the "
"principle in this case from the principle in "
#. PAGE BREAK 249
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11838
+#: freeculture.xml:11846
msgid ""
"Justice Ginsburg simply ignored the enumerated powers argument. Consistent "
"with her view that Congress's power was not limited generally, she had found "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11843
+#: freeculture.xml:11851
msgid ""
"Her opinion was perfectly reasonable—for her, and for Justice "
"Souter. Neither believes in <citetitle>Lopez</citetitle>. It would be too "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11849
+#: freeculture.xml:11857
msgid ""
"But as I realized what had happened, I couldn't quite believe what I was "
"reading. I had said there was no way this Court could reconcile limited "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11860
+#: freeculture.xml:11868
msgid ""
"Yet by what right did they get to choose which of the framers' values they "
"would respect? By what right did they—the silent five—get to "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11872
+#: freeculture.xml:11880
msgid ""
"Justices Breyer and Stevens wrote very strong dissents. Stevens's opinion "
"was crafted internal to the law: He argued that the tradition of "
#. PAGE BREAK 250
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11885
+#: freeculture.xml:11893
msgid ""
"Justice Breyer's opinion, perhaps the best opinion he has ever written, was "
"external to the Constitution. He argued that the term of copyrights has "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11896
+#: freeculture.xml:11904
msgid ""
"These two justices understood all the arguments we had made. But because "
"neither believed in the <citetitle>Lopez</citetitle> case, neither was "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11903
+#: freeculture.xml:11911
msgid ""
"Defeat brings depression. They say it is a sign of health when depression "
"gives way to anger. My anger came quickly, but it didn't cure the "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11907
+#: freeculture.xml:11915
msgid "originalism"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11909
+#: freeculture.xml:11917
msgid ""
"It was first anger with the five <quote>Conservatives.</quote> It would have "
"been one thing for them to have explained why the principle of "
#. PAGE BREAK 251
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11922
+#: freeculture.xml:11930
msgid ""
"Here, they had joined an opinion that never once tried to explain what the "
"framers had meant by crafting the Progress Clause as they did; they joined "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11937
+#: freeculture.xml:11945
msgid ""
"My anger with the Conservatives quickly yielded to anger with myself. For I "
"had let a view of the law that I liked interfere with a view of the law as "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11944
+#: freeculture.xml:11952
msgid ""
"Most lawyers, and most law professors, have little patience for idealism "
"about courts in general and this Supreme Court in particular. Most have a "
#. PAGE BREAK 252
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11955
+#: freeculture.xml:11963
msgid ""
"As I read back over the transcript from that argument in October, I can see "
"a hundred places where the answers could have taken the conversation in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11975
+#: freeculture.xml:11983
msgid ""
"Would it have been different if I had argued it differently? Would it have "
"been different if Don Ayer had argued it? Or Charles Fried? Or Kathleen "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11981
+#: freeculture.xml:11989
msgid ""
"My friends huddled around me to insist it would not. The Court was not "
"ready, my friends insisted. This was a loss that was destined. It would take "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11987
+#: freeculture.xml:11995
msgid ""
"Maybe, but I doubt it. These Justices have no financial interest in doing "
"anything except the right thing. They are not lobbied. They have little "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11994
+#: freeculture.xml:12002
msgid ""
"And even if I couldn't, then that doesn't excuse what happened in "
"January. For at the start of this case, one of America's leading "
#. PAGE BREAK 253
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12002
+#: freeculture.xml:12010
msgid ""
"After the argument and after the decision, Peter said to me, and publicly, "
"that he was wrong. But if indeed that Court could not have been persuaded, "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:12023
+#: freeculture.xml:12031
msgid ""
"In effect, the Supreme Court's decision makes it likely that we are seeing "
"the beginning of the end of public domain and the birth of copyright "
msgstr ""
#. type: Content of: <book><part><chapter><figure><indexterm><primary>
-#: freeculture.xml:12037 freeculture.xml:12042
+#: freeculture.xml:12045 freeculture.xml:12050
msgid "Bolling, Ruben"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12032
+#: freeculture.xml:12040
msgid ""
"The best responses were in the cartoons. There was a gaggle of hilarious "
"images—of Mickey in jail and the like. The best, from my view of the "
msgstr ""
#. type: Content of: <book><part><chapter><figure><title>
-#: freeculture.xml:12040
+#: freeculture.xml:12048
msgid "Tom the Dancing Bug cartoon"
msgstr ""
#. type: Content of: <book><part><chapter><figure>
-#: freeculture.xml:12041
+#: freeculture.xml:12049
msgid ""
"<graphic fileref=\"images/18.png\"></graphic> <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12045
+#: freeculture.xml:12053
msgid ""
"The image that will always stick in my head is that evoked by the quote from "
"<citetitle>The New York Times</citetitle>. That <quote>grand "
msgstr ""
#. type: Content of: <book><part><chapter><title>
-#: freeculture.xml:12056
+#: freeculture.xml:12064
msgid "CHAPTER FOURTEEN: Eldred II"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12058
+#: freeculture.xml:12066
msgid ""
"The day <citetitle>Eldred</citetitle> was decided, fate would have it that I "
"was to travel to Washington, D.C. (The day the rehearing petition in "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12068
+#: freeculture.xml:12076
msgid ""
"It was an act of contrition. During the whole of the flight from San "
"Francisco to Washington, I had heard over and over again in my head the same "
#. PAGE BREAK 256
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12078
+#: freeculture.xml:12086
msgid ""
"<citetitle>The New York Times</citetitle> published the piece. In it, I "
"proposed a simple fix: Fifty years after a work has been published, the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12086
+#: freeculture.xml:12094
msgid ""
"We called this the Eldred Act, but that was just to give it a name. Eric "
"Eldred was kind enough to let his name be used once again, but as he said "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12091
+#: freeculture.xml:12099
msgid ""
"Or another two names. For depending upon your perspective, this is either "
"the <quote>Public Domain Enhancement Act</quote> or the <quote>Copyright "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12099 freeculture.xml:12299
+#: freeculture.xml:12107 freeculture.xml:12307
msgid "Forbes, Steve"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12101
+#: freeculture.xml:12109
msgid ""
"The reaction to this idea was amazingly strong. Steve Forbes endorsed it in "
"an editorial. I received an avalanche of e-mail and letters expressing "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12113
+#: freeculture.xml:12121
msgid ""
"Indeed, many recognized the obvious benefit of the registration "
"requirement. For one of the hardest things about the current system for "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12123
+#: freeculture.xml:12131
msgid "Berlin Act (1908)"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12124 freeculture.xml:12164
+#: freeculture.xml:12132 freeculture.xml:12172
msgid "Berne Convention (1908)"
msgstr ""
#. f1.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:12132
+#: freeculture.xml:12140
msgid ""
"Until the 1908 Berlin Act of the Berne Convention, national copyright "
"legislation sometimes made protection depend upon compliance with "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12127
+#: freeculture.xml:12135
msgid ""
"As I described in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"property-i\"/>, formalities in copyright law were removed in 1976, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12158
+#: freeculture.xml:12166
msgid ""
"That's great rhetoric. It sounds wonderfully romantic. But it is absurd "
"copyright policy. It is absurd especially for authors, because a world "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12166
+#: freeculture.xml:12174
msgid ""
"The fight against formalities achieved its first real victory in Berlin in "
"1908. International copyright lawyers amended the Berne Convention in 1908, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12176
+#: freeculture.xml:12184
msgid ""
"These complaints were real and sensible. And the strictness of the "
"formalities, especially in the United States, was absurd. The law should "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12184
+#: freeculture.xml:12192
msgid ""
"Even that would have been resisted, however, because registration in the "
"nineteenth and twentieth centuries was still expensive. It was also a "
#. PAGE BREAK 258
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12192
+#: freeculture.xml:12200
msgid ""
"In addition to the practical complaint of authors in 1908, there was a moral "
"claim as well. There was no reason that creative property should be a "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12204
+#: freeculture.xml:12212
msgid ""
"This argument is correct, but its implications are misleading. For the "
"argument in favor of formalities does not depend upon creative property "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12213
+#: freeculture.xml:12221
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12229
+#: freeculture.xml:12237
msgid ""
"It is similarly special physics that makes formalities important in "
"copyright law. Unlike a carpenter's table, there's nothing in nature that "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12244
+#: freeculture.xml:12252
msgid ""
"This was the understanding of the problem with the Sonny Bono Act that we "
"tried to demonstrate to the Court. This was the part it didn't "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12254
+#: freeculture.xml:12262
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12263
+#: freeculture.xml:12271
msgid ""
"The Eldred Act was designed to respond to exactly this problem. If it is "
"worth $1 to you, then register your work and you can get the longer "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12270
+#: freeculture.xml:12278
msgid ""
"If it isn't worth it to you to register to get the benefit of an extended "
"term, then it shouldn't be worth it for the government to defend your "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12277
+#: freeculture.xml:12285
msgid ""
"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 "
#. PAGE BREAK 260
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12283
+#: freeculture.xml:12291
msgid ""
"It is. The hassle is terrible. The system that exists now is awful. I "
"completely agree that the Copyright Office has done a terrible job (no doubt "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12301
+#: freeculture.xml:12309
msgid ""
"When Steve Forbes endorsed the idea, some in Washington began to pay "
"attention. Many people contacted me pointing to representatives who might be "
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:12314
+#: freeculture.xml:12322
msgid "Lofgren, Zoe"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12307
+#: freeculture.xml:12315
msgid ""
"One representative, Zoe Lofgren of California, went so far as to get the "
"bill drafted. The draft solved any problem with international law. It "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12317
+#: freeculture.xml:12325
msgid ""
"But at this stage, the lobbyists began to intervene. Jack Valenti and the "
"MPAA general counsel came to the congresswoman's office to give the view of "
#. PAGE BREAK 261
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12325
+#: freeculture.xml:12333
msgid ""
"The MPAA argued first that Congress had <quote>firmly rejected the central "
"concept in the proposed bill</quote>—that copyrights be renewed. That "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12346
+#: freeculture.xml:12354
msgid ""
"Finally, the MPAA argued that existing law enabled copyright owners to do "
"this if they wanted. But the whole point is that there are thousands of "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12354
+#: freeculture.xml:12362
msgid ""
"At the beginning of this book, I told two stories about the law reacting to "
"changes in technology. In the one, common sense prevailed. In the other, "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12364
+#: freeculture.xml:12372
msgid ""
"I used these two cases as a way to frame the war that this book has been "
"about. For here, too, a new technology is forcing the law to react. And "
#. PAGE BREAK 262
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12373
+#: freeculture.xml:12381
msgid ""
"When the issue is piracy, it is right for the law to back the copyright "
"owners. The commercial piracy that I described is wrong and harmful, and the "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12383
+#: freeculture.xml:12391
msgid "Kelly, Kevin"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12385
+#: freeculture.xml:12393
msgid ""
"But when the copyright owners oppose a proposal such as the Eldred Act, "
"then, finally, there is an example that lays bare the naked selfinterest "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12395
+#: freeculture.xml:12403
msgid "What does this industry really want?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12398
+#: freeculture.xml:12406
msgid ""
"With very little effort, the warriors could protect their content. So the "
"effort to block something like the Eldred Act is not really about protecting "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12409
+#: freeculture.xml:12417
msgid ""
"The opposition to the Eldred Act reveals how extreme the other side is. The "
"most powerful and sexy and well loved of lobbies really has as its aim not "
#. PAGE BREAK 263
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12417
+#: freeculture.xml:12425
msgid ""
"It is not hard to understand why the warriors take this view. It is not hard "
"to see why it would benefit them if the competition of the public domain "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12429
+#: freeculture.xml:12437
msgid ""
"What is hard to understand is why the public takes this view. It is as if "
"the law made airplanes trespassers. The MPAA stands with the Causbys and "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12436
+#: freeculture.xml:12444
msgid ""
"All this seems to follow easily from this untroubled acceptance of the "
"<quote>property</quote> in intellectual property. Common sense supports it, "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:12448
+#: freeculture.xml:12456
msgid "CONCLUSION"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12450
+#: freeculture.xml:12458
msgid "antiretroviral drugs"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12453
+#: freeculture.xml:12461
msgid "HIV/AIDS therapies"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12456
+#: freeculture.xml:12464
msgid "Africa, medications for HIV patients in"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12459
+#: freeculture.xml:12467
msgid ""
"There are more than 35 million people with the AIDS virus "
"worldwide. Twenty-five million of them live in sub-Saharan Africa. "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12466
+#: freeculture.xml:12474
msgid ""
"There is no cure for AIDS, but there are drugs to slow its progression. "
"These antiretroviral therapies are still experimental, but they have already "
#. f1.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12481
+#: freeculture.xml:12489
msgid ""
"Commission on Intellectual Property Rights, <quote>Final Report: Integrating "
"Intellectual Property Rights and Development Policy</quote> (London, 2002), "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12474
+#: freeculture.xml:12482
msgid ""
"These drugs are expensive. When they were first introduced in the United "
"States, they cost between $10,000 and $15,000 per person per year. Today, "
#. PAGE BREAK 265
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12492
+#: freeculture.xml:12500
msgid ""
"These prices are not high because the ingredients of the drugs are "
"expensive. These prices are high because the drugs are protected by "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12500
+#: freeculture.xml:12508
msgid ""
"There are many who are skeptical of patents, especially drug patents. I am "
"not. Indeed, of all the areas of research that might be supported by "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12511
+#: freeculture.xml:12519
msgid ""
"But it is one thing to support patents, even drug patents. It is another "
"thing to determine how best to deal with a crisis. And as African leaders "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12529 freeculture.xml:12975
+#: freeculture.xml:12537 freeculture.xml:12983
msgid "Braithwaite, John"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12527
+#: freeculture.xml:12535
msgid ""
"See Peter Drahos with John Braithwaite, <citetitle>Information Feudalism: "
"Who Owns the Knowledge Economy?</citetitle> (New York: The New Press, 2003), "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12518
+#: freeculture.xml:12526
msgid ""
"In 1997, South Africa tried one tack. It passed a law to allow the "
"importation of patented medicines that had been produced or sold in another "
#. f3.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12540
+#: freeculture.xml:12548
msgid ""
"International Intellectual Property Institute (IIPI), <citetitle>Patent "
"Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a "
#. f4.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12567
+#: freeculture.xml:12575
msgid ""
"International Intellectual Property Institute (IIPI), <citetitle>Patent "
"Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa, a "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12534
+#: freeculture.xml:12542
msgid ""
"However, the United States government opposed the bill. Indeed, more than "
"opposed. As the International Intellectual Property Association "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12573
+#: freeculture.xml:12581
msgid ""
"We should place the intervention by the United States in context. No doubt "
"patents are not the most important reason that Africans don't have access to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12583
+#: freeculture.xml:12591
msgid ""
"By stopping the flow of HIV treatment into Africa, the United States "
"government was not saving drugs for United States citizens. This is not "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12591
+#: freeculture.xml:12599
msgid ""
"Nor was the intervention by the United States going to protect the profits "
"of United States drug companies—at least, not substantially. It was "
#. f5.
#. PAGE BREAK 333
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12606
+#: freeculture.xml:12614
msgid ""
"See Sabin Russell, <quote>New Crusade to Lower AIDS Drug Costs: Africa's "
"Needs at Odds with Firms' Profit Motive,</quote> <citetitle>San Francisco "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12600
+#: freeculture.xml:12608
msgid ""
"Instead, the argument in favor of restricting this flow of information, "
"which was needed to save the lives of millions, was an argument about the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12627
+#: freeculture.xml:12635
msgid ""
"Now just step back for a moment. There will be a time thirty years from now "
"when our children look back at us and ask, how could we have let this "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12637
+#: freeculture.xml:12645
msgid ""
"Some blame the drug companies. I don't. They are corporations. Their "
"managers are ordered by law to make money for the corporation. They push a "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12645
+#: freeculture.xml:12653
msgid ""
"The corruption is our own politicians' failure of integrity. For the drug "
"companies would love—they say, and I believe them—to sell their "
#. PAGE BREAK 268
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12653
+#: freeculture.xml:12661
msgid ""
"A different problem, however, could not be overcome. This is the fear of the "
"grandstanding politician who would call the presidents of the drug companies "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12668
+#: freeculture.xml:12676
msgid ""
"So when the common sense of your child confronts you, what will you say? "
"When the common sense of a generation finally revolts against what we have "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12674
+#: freeculture.xml:12682
msgid ""
"A sensible patent policy could endorse and strongly support the patent "
"system without having to reach everyone everywhere in exactly the same "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12686
+#: freeculture.xml:12694
msgid ""
"But we as a culture have lost this sense of balance. We have lost the "
"critical eye that helps us see the difference between truth and extremism. "
#. PAGE BREAK 269
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12697
+#: freeculture.xml:12705
msgid ""
"A simple idea blinds us, and under the cover of darkness, much happens that "
"most of us would reject if any of us looked. So uncritically do we accept "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12711
+#: freeculture.xml:12719
msgid ""
"So far, common sense sleeps. There is no revolt. Common sense does not yet "
"see what there could be to revolt about. The extremism that now dominates "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12726
+#: freeculture.xml:12734
msgid "biomedical research"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12728
+#: freeculture.xml:12736
msgid "Wellcome Trust"
msgstr ""
#. f6.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12733
+#: freeculture.xml:12741
msgid ""
"Jonathan Krim, <quote>The Quiet War over Open-Source,</quote> "
"<citetitle>Washington Post</citetitle>, August 2003, E1, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:12761 freeculture.xml:13438
+#: freeculture.xml:12769 freeculture.xml:13446
msgid "academic journals"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:12762 freeculture.xml:12853 freeculture.xml:13363
+#: freeculture.xml:12770 freeculture.xml:12861 freeculture.xml:13371
msgid "IBM"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:12763 freeculture.xml:13502
+#: freeculture.xml:12771 freeculture.xml:13510
msgid "PLoS (Public Library of Science)"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12730
+#: freeculture.xml:12738
msgid ""
"In August 2003, a fight broke out in the United States about a decision by "
"the World Intellectual Property Organization to cancel a "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12767
+#: freeculture.xml:12775
msgid ""
"The aim of the meeting was to consider this wide range of projects from one "
"common perspective: that none of these projects relied upon intellectual "
#. f7.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12775
+#: freeculture.xml:12783
msgid ""
"I should disclose that I was one of the people who asked WIPO for the "
"meeting."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12774
+#: freeculture.xml:12782
msgid ""
"From the perspective of this book, then, the conference was "
"ideal.<placeholder type=\"footnote\" id=\"0\"/> The projects within its "
#. PAGE BREAK 271
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12785
+#: freeculture.xml:12793
msgid ""
"Indeed, I was once publicly scolded for not recognizing this fact about "
"WIPO. In February 2003, I delivered a keynote address to a preparatory "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12809
+#: freeculture.xml:12817
msgid ""
"So whether or not WSIS can discuss balance in intellectual property, I had "
"thought it was taken for granted that WIPO could and should. And thus the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12815
+#: freeculture.xml:12823
msgid ""
"But there is one project within that list that is highly controversial, at "
"least among lobbyists. That project is <quote>open source and free "
#. f8.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12837
+#: freeculture.xml:12845
msgid ""
"Microsoft's position about free and open source software is more "
"sophisticated. As it has repeatedly asserted, it has no problem with "
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:12854
+#: freeculture.xml:12862
msgid "<quote>copyleft</quote> licenses"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12826
+#: freeculture.xml:12834
msgid ""
"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 "
#. PAGE BREAK 272
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12859
+#: freeculture.xml:12867
msgid ""
"More important for our purposes, to support <quote>open source and free "
"software</quote> is not to oppose copyright. <quote>Open source and free "
#. f9.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12885
+#: freeculture.xml:12893
msgid ""
"Krim, <quote>The Quiet War over Open-Source,</quote> available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #64</ulink>."
msgstr ""
#. type: Content of: <book><chapter><para><indexterm><primary>
-#: freeculture.xml:12889
+#: freeculture.xml:12897
msgid "Krim, Jonathan"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12877
+#: freeculture.xml:12885
msgid ""
"It is therefore understandable that as a proprietary software developer, "
"Microsoft would oppose this WIPO meeting, and understandable that it would "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12892
+#: freeculture.xml:12900
msgid ""
"I don't blame Microsoft for doing what it can to advance its own interests, "
"consistent with the law. And lobbying governments is plainly consistent with "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12900
+#: freeculture.xml:12908
msgid ""
"What was surprising was the United States government's reason for opposing "
"the meeting. Again, as reported by Krim, Lois Boland, acting director of "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12910
+#: freeculture.xml:12918
msgid "These statements are astonishing on a number of levels."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12914
+#: freeculture.xml:12922
msgid ""
"First, they are just flat wrong. As I described, most open source and free "
"software relies fundamentally upon the intellectual property right called "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12924
+#: freeculture.xml:12932
msgid ""
"Second, who ever said that WIPO's exclusive aim was to "
"<quote>promote</quote> intellectual property maximally? As I had been "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12937
+#: freeculture.xml:12945
msgid ""
"Third, even if one believed that the purpose of WIPO was to maximize "
"intellectual property rights, in our tradition, intellectual property rights "
#. PAGE BREAK 274
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12951
+#: freeculture.xml:12959
msgid ""
"When Ms. Boland says that there is something wrong with a meeting "
"<quote>which has as its purpose to disclaim or waive such rights,</quote> "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12963
+#: freeculture.xml:12971
msgid ""
"There is a history of just such a property system that is well known in the "
"Anglo-American tradition. It is called <quote>feudalism.</quote> Under "
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12980
+#: freeculture.xml:12988
msgid ""
"See Drahos with Braithwaite, <citetitle>Information Feudalism</citetitle>, "
"210–20. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12977
+#: freeculture.xml:12985
msgid ""
"As Peter Drahos and John Braithwaite relate, this is precisely the choice we "
"are now making about intellectual property.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12989
+#: freeculture.xml:12997
msgid ""
"When this battle broke, I blogged it. A spirited debate within the comment "
"section ensued. Ms. Boland had a number of supporters who tried to show why "
#. PAGE BREAK 275
#. type: Content of: <book><chapter><blockquote><para>
-#: freeculture.xml:12996
+#: freeculture.xml:13004
msgid ""
"George, you misunderstand Lessig: He's only talking about the world as it "
"should be (<quote>the goal of WIPO, and the goal of any government, should "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13008
+#: freeculture.xml:13016
msgid ""
"I missed the irony the first time I read it. I read it quickly and thought "
"the poster was supporting the idea that seeking balance was what our "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13018
+#: freeculture.xml:13026
msgid ""
"Obviously, however, the poster was not supporting that idea. Instead, the "
"poster was ridiculing the very idea that in the real world, the "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13026
+#: freeculture.xml:13034
msgid ""
"I understand criticism of academic utopianism. I think utopianism is silly, "
"too, and I'd be the first to poke fun at the absurdly unrealistic ideals of "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13032
+#: freeculture.xml:13040
msgid ""
"But when it has become silly to suppose that the role of our government "
"should be to <quote>seek balance,</quote> then count me with the silly, for "
#. PAGE BREAK 276
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13043
+#: freeculture.xml:13051
msgid ""
"It might be crazy to expect a high government official to speak the "
"truth. It might be crazy to believe that government policy will be something "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13052
+#: freeculture.xml:13060
msgid "Turner, Ted"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13054
+#: freeculture.xml:13062
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13066
+#: freeculture.xml:13074
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13074
+#: freeculture.xml:13082
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13081
+#: freeculture.xml:13089
msgid ""
"The danger in media concentration comes not from the concentration, but "
"instead from the feudalism that this concentration, tied to the change in "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13091
+#: freeculture.xml:13099
msgid ""
"It is therefore significant that so many would rally to demand competition "
"and increased diversity. Still, if the rally is understood as being about "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13098
+#: freeculture.xml:13106
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13106
+#: freeculture.xml:13114
msgid ""
"If we were Achilles, this would be our heel. This would be the place of our "
"tragedy."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13109
+#: freeculture.xml:13117
msgid "Dylan, Bob"
msgstr ""
#. f11.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13114
+#: freeculture.xml:13122
msgid ""
"John Borland, <quote>RIAA Sues 261 File Swappers,</quote> CNET News.com, "
"September 2003, available at <ulink "
#. f12.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13132
+#: freeculture.xml:13140
msgid ""
"Jon Wiederhorn, <quote>Eminem Gets Sued … by a Little Old "
"Lady,</quote> mtv.com, 17 September 2003, available at <ulink "
#. f13.
#. PAGE BREAK 334
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13139
+#: freeculture.xml:13147
msgid ""
"Kenji Hall, Associated Press, <quote>Japanese Book May Be Inspiration for "
"Dylan Songs,</quote> Kansascity.com, 9 July 2003, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13111
+#: freeculture.xml:13119
msgid ""
"As I write these final words, the news is filled with stories about the RIAA "
"lawsuits against almost three hundred individuals.<placeholder "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13156 freeculture.xml:13519
+#: freeculture.xml:13164 freeculture.xml:13527
msgid "Creative Commons"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13157
+#: freeculture.xml:13165
msgid "Gil, Gilberto"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13158
+#: freeculture.xml:13166
msgid "BBC"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13159
+#: freeculture.xml:13167
msgid "Brazil, free culture in"
msgstr ""
#. f14.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13164
+#: freeculture.xml:13172
msgid ""
"<quote>BBC Plans to Open Up Its Archive to the Public,</quote> BBC press "
"release, 24 August 2003, available at <ulink "
#. f15.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13173
+#: freeculture.xml:13181
msgid ""
"<quote>Creative Commons and Brazil,</quote> Creative Commons Weblog, 6 "
"August 2003, available at <ulink url=\"http://free-culture.cc/notes/\">link "
#. PAGE BREAK 278
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13161
+#: freeculture.xml:13169
msgid ""
"Yet on the other side of the Atlantic, the BBC has just announced that it "
"will build a <quote>Creative Archive,</quote> from which British citizens "
#. PAGE BREAK 279
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13187
+#: freeculture.xml:13195
msgid ""
"Common sense must revolt. It must act to free culture. Soon, if this "
"potential is ever to be realized."
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:13195
+#: freeculture.xml:13203
msgid "AFTERWORD"
msgstr ""
#. PAGE BREAK 280
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13199
+#: freeculture.xml:13207
msgid ""
"At least some who have read this far will agree with me that something must "
"be done to change where we are heading. The balance of this book maps what "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13204
+#: freeculture.xml:13212
msgid ""
"I divide this map into two parts: that which anyone can do now, and that "
"which requires the help of lawmakers. If there is one lesson that we can "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13210
+#: freeculture.xml:13218
msgid ""
"That means this movement must begin in the streets. It must recruit a "
"significant number of parents, teachers, librarians, creators, authors, "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13217
+#: freeculture.xml:13225
msgid ""
"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 think "
msgstr ""
#. type: Content of: <book><chapter><section><title>
-#: freeculture.xml:13226
+#: freeculture.xml:13234
msgid "US, NOW"
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13228
+#: freeculture.xml:13236
msgid ""
"Common sense is with the copyright warriors because the debate so far has "
"been framed at the extremes—as a grand either/or: either property or "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13234
+#: freeculture.xml:13242
msgid ""
"The mistake here is the error of the excluded middle. There are extremes in "
"this debate, but the extremes are not all that there is. There are those who "
#. PAGE BREAK 282
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13244
+#: freeculture.xml:13252
msgid ""
"When the Internet was first born, its initial architecture effectively "
"tilted in the <quote>no rights reserved</quote> direction. Content could be "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13256
+#: freeculture.xml:13264
msgid ""
"This initial character produced a reaction (opposite, but not quite equal) "
"by copyright owners. That reaction has been the topic of this book. Through "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13270
+#: freeculture.xml:13278
msgid ""
"What's needed is a way to say something in the middle—neither "
"<quote>all rights reserved</quote> nor <quote>no rights reserved</quote> but "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13279
+#: freeculture.xml:13287
msgid "Rebuilding Freedoms Previously Presumed: Examples"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13281
+#: freeculture.xml:13289
msgid ""
"If you step back from the battle I've been describing here, you will "
"recognize this problem from other contexts. Think about privacy. Before the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13291
+#: freeculture.xml:13299
msgid "What made it assured?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13295
+#: freeculture.xml:13303
msgid ""
"Well, if we think in terms of the modalities I described in chapter <xref "
"xrefstyle=\"select: labelnumber\" linkend=\"property-i\"/>, your privacy was "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13310
+#: freeculture.xml:13318
msgid "Amazon"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13320
+#: freeculture.xml:13328
msgid "cookies, Internet"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13312
+#: freeculture.xml:13320
msgid ""
"Enter the Internet, where the cost of tracking browsing in particular has "
"become quite tiny. If you're a customer at Amazon, then as you browse the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13323
+#: freeculture.xml:13331
msgid ""
"Amazon, of course, is not the problem. But we might begin to worry about "
"libraries. If you're one of those crazy lefties who thinks that people "
#. f1.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13339
+#: freeculture.xml:13347
msgid ""
"See, for example, Marc Rotenberg, <quote>Fair Information Practices and the "
"Architecture of Privacy (What Larry Doesn't Get),</quote> "
#. PAGE BREAK 284
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13333
+#: freeculture.xml:13341
msgid ""
"It is this reality that explains the push of many to define "
"<quote>privacy</quote> on the Internet. It is the recognition that "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13357
+#: freeculture.xml:13365
msgid ""
"A similar story could be told about the birth of the free software "
"movement. When computers with software were first made available "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13365
+#: freeculture.xml:13373
msgid "Stallman, Richard"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13367
+#: freeculture.xml:13375
msgid ""
"That was the world Richard Stallman was born into, and while he was a "
"researcher at MIT, he grew to love the community that developed when one was "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13375
+#: freeculture.xml:13383
msgid ""
"In an academic setting, at least, that's not a terribly radical idea. In a "
"math department, anyone would be free to tinker with a proof that someone "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13387
+#: freeculture.xml:13395
msgid ""
"No one answered that question. Instead, the architecture of revenue for "
"computing changed. As it became possible to import programs from one system "
#. PAGE BREAK 285
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13396
+#: freeculture.xml:13404
msgid ""
"Thus, the practice of proprietary code began to spread, and by the early "
"1980s, Stallman found himself surrounded by proprietary code. The world of "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13404
+#: freeculture.xml:13412
msgid "Torvalds, Linus"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13406
+#: freeculture.xml:13414
msgid ""
"Therefore, in 1984, Stallman began a project to build a free operating "
"system, so that at least a strain of free software would survive. That was "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13414
+#: freeculture.xml:13422
msgid ""
"Stallman's technique was to use copyright law to build a world of software "
"that must be kept free. Software licensed under the Free Software "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13425
+#: freeculture.xml:13433
msgid ""
"Stallman was thus doing for software what privacy advocates now do for "
"privacy. He was seeking a way to rebuild a kind of freedom that was taken "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13433
+#: freeculture.xml:13441
msgid ""
"Finally, consider a very recent example that more directly resonates with "
"the story of this book. This is the shift in the way academic and scientific "
#. PAGE BREAK 286
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13441
+#: freeculture.xml:13449
msgid ""
"As digital technologies develop, it is becoming obvious to many that "
"printing thousands of copies of journals every month and sending them to "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13457
+#: freeculture.xml:13465
msgid ""
"There's nothing wrong in general with this, and indeed, the ability to "
"charge for access to even public domain materials is a good incentive for "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13466
+#: freeculture.xml:13474
msgid ""
"But what if the only way to get access to social and scientific data was "
"through proprietary services? What if no one had the ability to browse this "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13471
+#: freeculture.xml:13479
msgid ""
"As many are beginning to notice, this is increasingly the reality with "
"scientific journals. When these journals were distributed in paper form, "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13483
+#: freeculture.xml:13491
msgid ""
"As journals become electronic, however, the publishers are demanding that "
"libraries not give the general public access to the journals. This means "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13491
+#: freeculture.xml:13499
msgid ""
"This shrinking freedom has led many to take affirmative steps to restore the "
"freedom that has been lost. The Public Library of Science (PLoS), for "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13505
+#: freeculture.xml:13513
msgid ""
"This is one of many such efforts to restore a freedom taken for granted "
"before, but now threatened by changing technology and markets. There's no "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13517
+#: freeculture.xml:13525
msgid "Rebuilding Free Culture: One Idea"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13522
+#: freeculture.xml:13530
msgid ""
"The same strategy could be applied to culture, as a response to the "
"increasing control effected through law and technology."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13525
+#: freeculture.xml:13533
msgid "Stanford University"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13527
+#: freeculture.xml:13535
msgid ""
"Enter the Creative Commons. The Creative Commons is a nonprofit corporation "
"established in Massachusetts, but with its home at Stanford University. Its "
#. PAGE BREAK 288
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13538
+#: freeculture.xml:13546
msgid ""
"<emphasis>Simple</emphasis>—which means without a middleman, or "
"without a lawyer. By developing a free set of licenses that people can "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13556
+#: freeculture.xml:13564
msgid ""
"These freedoms are beyond the freedoms promised by fair use. Their precise "
"contours depend upon the choices the creator makes. The creator can choose a "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13567
+#: freeculture.xml:13575
msgid ""
"These choices thus establish a range of freedoms beyond the default of "
"copyright law. They also enable freedoms that go beyond traditional fair "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13588
+#: freeculture.xml:13596
msgid "Garlick, Mia"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13578
+#: freeculture.xml:13586
msgid ""
"This is just one project among many within the Creative Commons. And of "
"course, Creative Commons is not the only organization pursuing such "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13591
+#: freeculture.xml:13599
msgid ""
"The aim is not to fight the <quote>All Rights Reserved</quote> sorts. The "
"aim is to complement them. The problems that the law creates for us as a "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13603
+#: freeculture.xml:13611
msgid ""
"Why would creators participate in giving up total control? Some participate "
"to better spread their content. Cory Doctorow, for example, is a science "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13610
+#: freeculture.xml:13618
msgid ""
"Why would a publisher ever agree to this? I suspect his publisher reasoned "
"like this: There are two groups of people out there: (1) those who will buy "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13622
+#: freeculture.xml:13630
msgid ""
"Indeed, the experience of his publisher clearly supports that conclusion. "
"The book's first printing was exhausted months before the publisher had "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13637
+#: freeculture.xml:13645
msgid "Free for All (Wayner)"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13638
+#: freeculture.xml:13646
msgid "Wayner, Peter"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13628
+#: freeculture.xml:13636
msgid ""
"The idea that free content might increase the value of nonfree content was "
"confirmed by the experience of another author. Peter Wayner, who wrote a "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13640
+#: freeculture.xml:13648
msgid "Public Enemy"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13641
+#: freeculture.xml:13649
msgid "rap music"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13642
+#: freeculture.xml:13650
msgid "Leaphart, Walter"
msgstr ""
#. f2.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13659
+#: freeculture.xml:13667
msgid ""
"<citetitle>Willful Infringement: A Report from the Front Lines of the Real "
"Culture Wars</citetitle> (2003), produced by Jed Horovitz, directed by Greg "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13644
+#: freeculture.xml:13652
msgid ""
"These are examples of using the Commons to better spread proprietary "
"content. I believe that is a wonderful and common use of the Commons. There "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13668
+#: freeculture.xml:13676
msgid ""
"Finally, there are many who mark their content with a Creative Commons "
"license just because they want to express to others the importance of "
#. PAGE BREAK 291
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13680
+#: freeculture.xml:13688
msgid ""
"In the first six months of the Creative Commons experiment, over 1 million "
"objects were licensed with these free-culture licenses. The next step is "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13690
+#: freeculture.xml:13698
msgid ""
"These are first steps to rebuilding a public domain. They are not mere "
"arguments; they are action. Building a public domain is the first step to "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13698
+#: freeculture.xml:13706
msgid ""
"Creative Commons is just one example of voluntary efforts by individuals and "
"creators to change the mix of rights that now govern the creative field. The "
msgstr ""
#. type: Content of: <book><chapter><section><title>
-#: freeculture.xml:13712
+#: freeculture.xml:13720
msgid "THEM, SOON"
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13714
+#: freeculture.xml:13722
msgid ""
"We will not reclaim a free culture by individual action alone. It will also "
"take important reforms of laws. We have a long way to go before the "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13721
+#: freeculture.xml:13729
msgid ""
"In this chapter, I outline five kinds of changes: four that are general, and "
"one that's specific to the most heated battle of the day, music. Each is a "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13728
+#: freeculture.xml:13736
msgid "1. More Formalities"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13730
+#: freeculture.xml:13738
msgid ""
"If you buy a house, you have to record the sale in a deed. If you buy land "
"upon which to build a house, you have to record the purchase in a deed. If "
#. PAGE BREAK 293
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13737
+#: freeculture.xml:13745
msgid ""
"These are all formalities associated with property. They are requirements "
"that we all must bear if we want our property to be protected."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13742
+#: freeculture.xml:13750
msgid ""
"In contrast, under current copyright law, you automatically get a copyright, "
"regardless of whether you comply with any formality. You don't have to "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13748
+#: freeculture.xml:13756
msgid "Why?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13751
+#: freeculture.xml:13759
msgid ""
"As I suggested in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"property-i\"/>, the motivation to abolish formalities was a good "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13760
+#: freeculture.xml:13768
msgid ""
"But the Internet changes all this. Formalities today need not be a "
"burden. Rather, the world without formalities is the world that burdens "
#. f1.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13774
+#: freeculture.xml:13782
msgid ""
"The proposal I am advancing here would apply to American works only. "
"Obviously, I believe it would be beneficial for the same idea to be adopted "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13772
+#: freeculture.xml:13780
msgid ""
"The law should therefore change this requirement<placeholder "
"type=\"footnote\" id=\"0\"/>—but it should not change it by going back "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13782
+#: freeculture.xml:13790
msgid ""
"The important formalities are three: marking copyrighted work, registering "
"copyrights, and renewing the claim to copyright. Traditionally, the first of "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><title>
-#: freeculture.xml:13794
+#: freeculture.xml:13802
msgid "REGISTRATION AND RENEWAL"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13796
+#: freeculture.xml:13804
msgid ""
"Under the old system, a copyright owner had to file a registration with the "
"Copyright Office to register or renew a copyright. When filing that "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13809
+#: freeculture.xml:13817
msgid ""
"Yet it is always astonishing to me that we, who come from a tradition of "
"extraordinary innovation in governmental design, can no longer think "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13818
+#: freeculture.xml:13826
msgid ""
"In the context of registration, one obvious model is the Internet. There "
"are at least 32 million Web sites registered around the world. Domain name "
#. PAGE BREAK 295
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13828
+#: freeculture.xml:13836
msgid ""
"We should adopt a similar model for the registration and renewal of "
"copyrights. The Copyright Office may well serve as the central registry, but "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><title>
-#: freeculture.xml:13843
+#: freeculture.xml:13851
msgid "MARKING"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13845
+#: freeculture.xml:13853
msgid ""
"It used to be that the failure to include a copyright notice on a creative "
"work meant that the copyright was forfeited. That was a harsh punishment for "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13855
+#: freeculture.xml:13863
msgid ""
"The aim of marking is to signal to the public that this work is copyrighted "
"and that the author wants to enforce his rights. The mark also makes it easy "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13861
+#: freeculture.xml:13869
msgid ""
"One of the problems the copyright system confronted early on was that "
"different copyrighted works had to be differently marked. It wasn't clear "
#. f2.
#. type: Content of: <book><chapter><section><section><section><para><footnote><para>
-#: freeculture.xml:13878
+#: freeculture.xml:13886
msgid ""
"There would be a complication with derivative works that I have not solved "
"here. In my view, the law of derivatives creates a more complicated system "
#. PAGE BREAK 296
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13871
+#: freeculture.xml:13879
msgid ""
"Let's start with the last point. If a copyright owner allows his work to be "
"published without a copyright notice, the consequence of that failure need "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13891
+#: freeculture.xml:13899
msgid ""
"That in turn raises the question about how work should best be marked. Here "
"again, the system needs to adjust as the technologies evolve. The best way "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13898
+#: freeculture.xml:13906
msgid ""
"For example, if a recording industry association devises a method for "
"marking CDs, it would propose that to the Copyright Office. The Copyright "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13910
+#: freeculture.xml:13918
msgid ""
"Finally, marking content clearly would simplify registration requirements. "
"If photographs were marked by author and year, there would be little reason "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13918
+#: freeculture.xml:13926
msgid ""
"The objective of formalities is to make things clear. The existing system "
"does nothing to make things clear. Indeed, it seems designed to make things "
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:13923
+#: freeculture.xml:13931
msgid ""
"If formalities such as registration were reinstated, one of the most "
"difficult aspects of relying upon the public domain would be removed. It "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:13935
+#: freeculture.xml:13943
msgid "2. Shorter Terms"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13937
+#: freeculture.xml:13945
msgid ""
"The term of copyright has gone from fourteen years to ninety-five years for "
"corporate authors, and life of the author plus seventy years for natural "
#. f3.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13950
+#: freeculture.xml:13958
msgid ""
"<quote>A Radical Rethink,</quote> <citetitle>Economist</citetitle>, 366:8308 "
"(25 January 2003): 15, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13942
+#: freeculture.xml:13950
msgid ""
"In <citetitle>The Future of Ideas</citetitle>, I proposed a "
"seventy-five-year term, granted in five-year increments with a requirement "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13957
+#: freeculture.xml:13965
msgid ""
"I agree with those who believe that we need a radical change in copyright's "
"term. But whether fourteen years or seventy-five, there are four principles "
#. (1)
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13965
+#: freeculture.xml:13973
msgid ""
"<emphasis>Keep it short:</emphasis> The term should be as long as necessary "
"to give incentives to create, but no longer. If it were tied to very strong "
#. (2)
#. PAGE BREAK 298
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13974
+#: freeculture.xml:13982
msgid ""
"<emphasis>Keep it simple:</emphasis> The line between the public domain and "
"protected content must be kept clear. Lawyers like the fuzziness of "
#. f4.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><footnote><para>
-#: freeculture.xml:13995
+#: freeculture.xml:14003
msgid ""
"Department of Veterans Affairs, Veteran's Application for Compensation "
"and/or Pension, VA Form 21-526 (OMB Approved No. 2900-0001), available at "
msgstr ""
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><indexterm><primary>
-#: freeculture.xml:14003
+#: freeculture.xml:14011
msgid "veterans' pensions"
msgstr ""
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:13987
+#: freeculture.xml:13995
msgid ""
"<emphasis>Keep it alive:</emphasis> Copyright should have to be renewed. "
"Especially if the maximum term is long, the copyright owner should be "
#. (4)
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14007
+#: freeculture.xml:14015
msgid ""
"<emphasis>Keep it prospective:</emphasis> Whatever the term of copyright "
"should be, the clearest lesson that economists teach is that a term once "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14023
+#: freeculture.xml:14031
msgid ""
"These changes together should produce an <emphasis>average</emphasis> "
"copyright term that is much shorter than the current term. Until 1976, the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14029
+#: freeculture.xml:14037
msgid ""
"No doubt the extremists will call these ideas <quote>radical.</quote> (After "
"all, I call them <quote>extremists.</quote>) But again, the term I "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:14039
+#: freeculture.xml:14047
msgid "3. Free Use Vs. Fair Use"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14046
+#: freeculture.xml:14054
msgid ""
"As I observed at the beginning of this book, property law originally granted "
"property owners the right to control their property from the ground to the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14054
+#: freeculture.xml:14062
msgid ""
"Our Constitution gives Congress the power to give authors <quote>exclusive "
"right</quote> to <quote>their writings.</quote> Congress has given authors "
#. f5.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14067
+#: freeculture.xml:14075
msgid ""
"Benjamin Kaplan, <citetitle>An Unhurried View of Copyright</citetitle> (New "
"York: Columbia University Press, 1967), 32."
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:14073
+#: freeculture.xml:14081
msgid "Kaplan, Benjamin"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14063
+#: freeculture.xml:14071
msgid ""
"Congress granted the beginnings of this right in 1870, when it expanded the "
"exclusive right of copyright to include a right to control translations and "
#. f6.
#. type: Content of: <book><chapter><section><section><blockquote><para><footnote><para>
-#: freeculture.xml:14081
+#: freeculture.xml:14089
msgid "Ibid., 56."
msgstr ""
#. type: Content of: <book><chapter><section><section><blockquote><para>
-#: freeculture.xml:14077
+#: freeculture.xml:14085
msgid ""
"So inured have we become to the extension of the monopoly to a large range "
"of so-called derivative works, that we no longer sense the oddity of "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14086
+#: freeculture.xml:14094
msgid ""
"I think it's time to recognize that there are airplanes in this field and "
"the expansiveness of these rights of derivative use no longer make "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14093
+#: freeculture.xml:14101
msgid ""
"<emphasis>Term:</emphasis> If Congress wants to grant a derivative right, "
"then that right should be for a much shorter term. It makes sense to protect "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14106
+#: freeculture.xml:14114
msgid ""
"<emphasis>Scope:</emphasis> Likewise should the scope of derivative rights "
"be narrowed. Again, there are some cases in which derivative rights are "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14120
+#: freeculture.xml:14128
msgid ""
"This was the point that Alben made when describing the making of the Clint "
"Eastwood CD. While it makes sense to require negotiation for foreseeable "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:14136
+#: freeculture.xml:14144
msgid "Goldstein, Paul"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14134
+#: freeculture.xml:14142
msgid ""
"Paul Goldstein, <citetitle>Copyright's Highway: From Gutenberg to the "
"Celestial Jukebox</citetitle> (Stanford: Stanford University Press, 2003), "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14128
+#: freeculture.xml:14136
msgid ""
"In each of these cases, the law should mark the uses that are protected, and "
"the presumption should be that other uses are not protected. This is the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14142
+#: freeculture.xml:14150
msgid ""
"Goldstein's analysis would make perfect sense if the cost of the legal "
"system were small. But as we are currently seeing in the context of the "
#. PAGE BREAK 301
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14149
+#: freeculture.xml:14157
msgid ""
"The law could remedy this problem either by removing protection beyond the "
"part explicitly drawn or by granting reuse rights upon certain statutory "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:14159
+#: freeculture.xml:14167
msgid "4. Liberate the Music—Again"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14161
+#: freeculture.xml:14169
msgid ""
"The battle that got this whole war going was about music, so it wouldn't be "
"fair to end this book without addressing the issue that is, to most people, "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14168
+#: freeculture.xml:14176
msgid ""
"The appeal of file-sharing music was the crack cocaine of the Internet's "
"growth. It drove demand for access to the Internet more powerfully than any "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14177
+#: freeculture.xml:14185
msgid ""
"The aim of copyright, with respect to content in general and music in "
"particular, is to create the incentives for music to be composed, performed, "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14184
+#: freeculture.xml:14192
msgid ""
"File-sharing networks complicate this model by enabling the spread of "
"content for which the performer has not been paid. But of course, that's not "
#. A.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14193
+#: freeculture.xml:14201
msgid ""
"There are some who are using sharing networks as substitutes for purchasing "
"CDs."
#. B.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14198
+#: freeculture.xml:14206
msgid ""
"There are also some who are using sharing networks to sample, on the way to "
"purchasing CDs."
#. PAGE BREAK 302
#. C.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14204
+#: freeculture.xml:14212
msgid ""
"There are many who are using file-sharing networks to get access to content "
"that is no longer sold but is still under copyright or that would have been "
#. D.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14210
+#: freeculture.xml:14218
msgid ""
"There are many who are using file-sharing networks to get access to content "
"that is not copyrighted or to get access that the copyright owner plainly "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14216
+#: freeculture.xml:14224
msgid ""
"Any reform of the law needs to keep these different uses in focus. It must "
"avoid burdening type D even if it aims to eliminate type A. The eagerness "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14224
+#: freeculture.xml:14232
msgid ""
"As I said in chapter <xref xrefstyle=\"select: labelnumber\" "
"linkend=\"piracy\"/>, the actual harm caused by sharing is controversial. "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14232
+#: freeculture.xml:14240
msgid ""
"Nonetheless, there is a crucial fact about the current technological context "
"that we must keep in mind if we are to understand how the law should "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14237
+#: freeculture.xml:14245
msgid ""
"Today, file sharing is addictive. In ten years, it won't be. It is addictive "
"today because it is the easiest way to gain access to a broad range of "
#. PAGE BREAK 303
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14249
+#: freeculture.xml:14257
msgid ""
"But it will become a reality, and that means the way we get access to the "
"Internet today is a technology in transition. Policy makers should not make "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:14263
+#: freeculture.xml:14271
msgid "cell phones, music streamed over"
msgstr ""
#. f8.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14283
+#: freeculture.xml:14291
msgid ""
"See, for example, <quote>Music Media Watch,</quote> The J@pan "
"Inc. Newsletter, 3 April 2002, available at <ulink "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14265
+#: freeculture.xml:14273
msgid ""
"In that world, it will be extremely easy to connect to services that give "
"you access to content on the fly—such as Internet radio, content that "
#. PAGE BREAK 304
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14290
+#: freeculture.xml:14298
msgid ""
"This point about the future is meant to suggest a perspective on the "
"present: It is emphatically temporary. The <quote>problem</quote> with file "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14306
+#: freeculture.xml:14314
msgid ""
"The answer begins with recognizing that there are different "
"<quote>problems</quote> here to solve. Let's start with type D "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14317
+#: freeculture.xml:14325
msgid ""
"Type C content raises a different <quote>problem.</quote> This is content "
"that was, at one time, published and is no longer available. It may be "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14326
+#: freeculture.xml:14334
msgid ""
"Again, the model here is the used book store. Once a book goes out of print, "
"it may still be available in libraries and used book stores. But libraries "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14336
+#: freeculture.xml:14344
msgid ""
"The model of used book stores suggests that the law could simply deem "
"out-of-print music fair game. If the publisher does not make copies of the "
#. PAGE BREAK 305
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14347
+#: freeculture.xml:14355
msgid ""
"Alternatively, the law could create a statutory license that would ensure "
"that artists get something from the trade of their work. For example, if the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14357
+#: freeculture.xml:14365
msgid ""
"This system would also create an incentive for publishers to keep works "
"available commercially. Works that are available commercially would not be "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14367
+#: freeculture.xml:14375
msgid ""
"The hard case is content of types A and B, and again, this case is hard only "
"because the extent of the problem will change over time, as the technologies "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14375
+#: freeculture.xml:14383
msgid ""
"So here's a solution that will at first seem very strange to both sides in "
"this war, but which upon reflection, I suggest, should make some sense."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14379
+#: freeculture.xml:14387
msgid ""
"Stripped of the rhetoric about the sanctity of property, the basic claim of "
"the content industry is this: A new technology (the Internet) has harmed a "
#. PAGE BREAK 306
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14390
+#: freeculture.xml:14398
msgid ""
"I love the Internet, and so I don't like likening it to tobacco or "
"asbestos. But the analogy is a fair one from the perspective of the law. "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:14439
+#: freeculture.xml:14447
msgid "Fisher, William"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:14441 freeculture.xml:14454
+#: freeculture.xml:14449 freeculture.xml:14462
msgid "Promises to Keep (Fisher)"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14402
+#: freeculture.xml:14410
msgid ""
"<placeholder type=\"indexterm\" id=\"0\"/> William Fisher, "
"<citetitle>Digital Music: Problems and Possibilities</citetitle> (last "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14398
+#: freeculture.xml:14406
msgid ""
"The idea would be a modification of a proposal that has been floated by "
"Harvard law professor William Fisher.<placeholder type=\"footnote\" "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14456
+#: freeculture.xml:14464
msgid ""
"Fisher's proposal is careful and comprehensive. It raises a million "
"questions, most of which he answers well in his upcoming book, "
#. PAGE BREAK 307
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14475
+#: freeculture.xml:14483
msgid ""
"Fisher would balk at the idea of allowing the system to lapse. His aim is "
"not just to ensure that artists are paid, but also to ensure that the system "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14489
+#: freeculture.xml:14497
msgid ""
"No doubt it would be difficult to calculate the proper measure of "
"<quote>harm</quote> to an industry. But the difficulty of making that "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14505
+#: freeculture.xml:14513
msgid ""
"This competition has already occurred against the background of "
"<quote>free</quote> music from p2p systems. As the sellers of cable "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14517
+#: freeculture.xml:14525
msgid ""
"This regime of competition, with a backstop to assure that artists don't "
"lose, would facilitate a great deal of innovation in the delivery of "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14526
+#: freeculture.xml:14534
msgid "In summary, then, my proposal is this:"
msgstr ""
#. PAGE BREAK 308
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14531
+#: freeculture.xml:14539
msgid ""
"The Internet is in transition. We should not be regulating a technology in "
"transition. We should instead be regulating to minimize the harm to "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14538
+#: freeculture.xml:14546
msgid "We can minimize that harm while maximizing the benefit to innovation by"
msgstr ""
#. 1.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14544
+#: freeculture.xml:14552
msgid "guaranteeing the right to engage in type D sharing;"
msgstr ""
#. 2.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14548
+#: freeculture.xml:14556
msgid ""
"permitting noncommercial type C sharing without liability, and commercial "
"type C sharing at a low and fixed rate set by statute;"
#. 3.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14554
+#: freeculture.xml:14562
msgid ""
"while in this transition, taxing and compensating for type A sharing, to the "
"extent actual harm is demonstrated."
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14559
+#: freeculture.xml:14567
msgid ""
"But what if <quote>piracy</quote> doesn't disappear? What if there is a "
"competitive market providing content at a low cost, but a significant number "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14565
+#: freeculture.xml:14573
msgid ""
"Yes, it should. But, again, what it should do depends upon how the facts "
"develop. These changes may not eliminate type A sharing. But the real issue "
#. PAGE BREAK 309
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14579
+#: freeculture.xml:14587
msgid ""
"But we're a long way away from whittling the problem down to this subset of "
"type A sharers. And our focus until we're there should not be on finding "
msgstr ""
#. type: Content of: <book><chapter><section><section><title>
-#: freeculture.xml:14590
+#: freeculture.xml:14598
msgid "5. Fire Lots of Lawyers"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14592
+#: freeculture.xml:14600
msgid ""
"I'm a lawyer. I make lawyers for a living. I believe in the law. I believe "
"in the law of copyright. Indeed, I have devoted my life to working in law, "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14598
+#: freeculture.xml:14606
msgid ""
"Yet much of this book has been a criticism of lawyers, or the role lawyers "
"have played in this debate. The law speaks to ideals, but it is my view that "
#. f10.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14615
+#: freeculture.xml:14623
msgid ""
"Lawrence Lessig, <quote>Copyright's First Amendment</quote> (Melville "
"B. Nimmer Memorial Lecture), <citetitle>UCLA Law Review</citetitle> 48 "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14606
+#: freeculture.xml:14614
msgid ""
"The evidence of this bending is compelling. I'm attacked as a "
"<quote>radical</quote> by many within the profession, yet the positions that "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14621
+#: freeculture.xml:14629
msgid ""
"However, my criticism of the role that lawyers have played in this debate is "
"not just about a professional bias. It is more importantly about our failure "
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14631
+#: freeculture.xml:14639
msgid ""
"A good example is the work of Professor Stan Liebowitz. Liebowitz is to be "
"commended for his careful review of data about infringement, leading him to "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14626
+#: freeculture.xml:14634
msgid ""
"Economists are supposed to be good at reckoning costs and benefits. But "
"more often than not, economists, with no clue about how the legal system "
#. PAGE BREAK 310
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14655
+#: freeculture.xml:14663
msgid ""
"But the legal system doesn't work. Or more accurately, it doesn't work for "
"anyone except those with the most resources. Not because the system is "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14663
+#: freeculture.xml:14671
msgid ""
"These costs distort free culture in many ways. A lawyer's time is billed at "
"the largest firms at more than $400 per hour. How much time should such a "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14673
+#: freeculture.xml:14681
msgid ""
"The costliness and clumsiness and randomness of this system mock our "
"tradition. And lawyers, as well as academics, should consider it their duty "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14681
+#: freeculture.xml:14689
msgid ""
"But until that reform is complete, we as a society should keep the law away "
"from areas that we know it will only harm. And that is precisely what the "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14688
+#: freeculture.xml:14696
msgid ""
"Think about the amazing things your kid could do or make with digital "
"technology—the film, the music, the Web page, the blog. Or think about "
#. PAGE BREAK 311
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14697
+#: freeculture.xml:14705
msgid ""
"The law should regulate in certain areas of culture—but it should "
"regulate culture only where that regulation does good. Yet lawyers rarely "
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14706
+#: freeculture.xml:14714
msgid ""
"We should ask, <quote>Why?</quote> Show me why your regulation of culture is "
"needed. Show me how it does good. And until you can show me both, keep your "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:14715
+#: freeculture.xml:14723
msgid "NOTES"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14717
+#: freeculture.xml:14725
msgid ""
"Throughout this text, there are references to links on the World Wide "
"Web. As anyone who has tried to use the Web knows, these links can be highly "
msgstr ""
#. type: Content of: <book><chapter><title>
-#: freeculture.xml:14732
+#: freeculture.xml:14740
msgid "ACKNOWLEDGMENTS"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14734
+#: freeculture.xml:14742
msgid ""
"This book is the product of a long and as yet unsuccessful struggle that "
"began when I read of Eric Eldred's war to keep books free. Eldred's work "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14741
+#: freeculture.xml:14749
msgid ""
"I received guidance in various places from friends and academics, including "
"Glenn Brown, Peter DiCola, Jennifer Mnookin, Richard Posner, Mark Rose, and "
#. PAGE BREAK 337
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14754
+#: freeculture.xml:14762
msgid ""
"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 "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14765
+#: freeculture.xml:14773
msgid ""
"These are the traditional sorts of help that academics regularly draw "
"upon. But in addition to them, the Internet has made it possible to receive "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14785
+#: freeculture.xml:14793
msgid ""
"Richard Stallman and Michael Carroll each read the whole book in draft, and "
"each provided extremely helpful correction and advice. Michael helped me to "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14794
+#: freeculture.xml:14802
msgid ""
"Finally, and forever, I am thankful to Bettina, who has always insisted that "
"there would be unending happiness away from these battles, and who has "
projects / text-free-culture-lessig.git / commitdiff