msgid ""
msgstr ""
"Project-Id-Version: PACKAGE VERSION\n"
-"POT-Creation-Date: 2012-08-30 20:40+0300\n"
+"POT-Creation-Date: 2012-08-30 21:07+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:399 freeculture.xml:13321
+#: freeculture.xml:399 freeculture.xml:13326
msgid "CodePink Women in Peace"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:400 freeculture.xml:421 freeculture.xml:13322
+#: freeculture.xml:400 freeculture.xml:421 freeculture.xml:13327
msgid "Safire, William"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:490 freeculture.xml:14315
+#: freeculture.xml:490 freeculture.xml:14320
msgid "land ownership, air traffic and"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:491 freeculture.xml:14316
+#: freeculture.xml:491 freeculture.xml:14321
msgid "property rights"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:491 freeculture.xml:14316
+#: freeculture.xml:491 freeculture.xml:14321
msgid "air traffic vs."
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:515 freeculture.xml:528 freeculture.xml:561 freeculture.xml:581 freeculture.xml:1017 freeculture.xml:1035 freeculture.xml:1083 freeculture.xml:9227 freeculture.xml:12690 freeculture.xml:13425
+#: freeculture.xml:515 freeculture.xml:528 freeculture.xml:561 freeculture.xml:581 freeculture.xml:1017 freeculture.xml:1035 freeculture.xml:1083 freeculture.xml:9227 freeculture.xml:12695 freeculture.xml:13430
msgid "Causby, Thomas Lee"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:516 freeculture.xml:529 freeculture.xml:562 freeculture.xml:582 freeculture.xml:1018 freeculture.xml:1036 freeculture.xml:1084 freeculture.xml:9228 freeculture.xml:12691 freeculture.xml:13426
+#: freeculture.xml:516 freeculture.xml:529 freeculture.xml:562 freeculture.xml:582 freeculture.xml:1018 freeculture.xml:1036 freeculture.xml:1084 freeculture.xml:9228 freeculture.xml:12696 freeculture.xml:13431
msgid "Causby, Tinie"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:968 freeculture.xml:11015
+#: freeculture.xml:968 freeculture.xml:11016 freeculture.xml:11662
msgid "Constitution, U.S."
msgstr ""
msgid "First Amendment to"
msgstr ""
-#. type: Content of: <book><part><
partintro><indexterm><primary>
-#: freeculture.xml:969 freeculture.xml:1134
-msgid "Copyright law"
+#. type: Content of: <book><part><
chapter><section><indexterm><primary>
+#: freeculture.xml:969 freeculture.xml:1134 freeculture.xml:1241 freeculture.xml:1266 freeculture.xml:1610 freeculture.xml:1654 freeculture.xml:1768 freeculture.xml:3111 freeculture.xml:4257 freeculture.xml:4258 freeculture.xml:7271 freeculture.xml:7401
+msgid "copyright law"
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:971 freeculture.xml:981 freeculture.xml:14714
+#: freeculture.xml:971 freeculture.xml:981 freeculture.xml:14719
msgid "Netanel, Neil Weinstock"
msgstr ""
"property. It has never taken hold within our law."
msgstr ""
-#. type: Content of: <book><part><chapter><section><indexterm><primary>
-#: freeculture.xml:1241 freeculture.xml:1266 freeculture.xml:1610 freeculture.xml:1654 freeculture.xml:1768 freeculture.xml:3111 freeculture.xml:4257 freeculture.xml:4258 freeculture.xml:7271 freeculture.xml:7401
-msgid "copyright law"
-msgstr ""
-
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:1241 freeculture.xml:7401
msgid "on republishing vs. transformation of original work"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1327 freeculture.xml:1544 freeculture.xml:1598 freeculture.xml:1739 freeculture.xml:1985 freeculture.xml:4501 freeculture.xml:6066 freeculture.xml:7197 freeculture.xml:10637 freeculture.xml:11018
+#: freeculture.xml:1327 freeculture.xml:1544 freeculture.xml:1598 freeculture.xml:1739 freeculture.xml:1985 freeculture.xml:4501 freeculture.xml:6066 freeculture.xml:7197 freeculture.xml:10637 freeculture.xml:11019
msgid "Disney, Walt"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:1396 freeculture.xml:1555 freeculture.xml:3688 freeculture.xml:7275 freeculture.xml:14780
+#: freeculture.xml:1396 freeculture.xml:1555 freeculture.xml:3688 freeculture.xml:7275 freeculture.xml:14785
msgid "piracy"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:1490 freeculture.xml:11016 freeculture.xml:11017
+#: freeculture.xml:1490 freeculture.xml:11017 freeculture.xml:11018
msgid "copyright"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
-#: freeculture.xml:1490 freeculture.xml:11017
+#: freeculture.xml:1490 freeculture.xml:11018
msgid "duration of"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:1491 freeculture.xml:1492 freeculture.xml:7755 freeculture.xml:12982
+#: freeculture.xml:1491 freeculture.xml:1492 freeculture.xml:7755 freeculture.xml:12987
msgid "public domain"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:2127 freeculture.xml:14778
+#: freeculture.xml:2127 freeculture.xml:14783
msgid "television"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:2960 freeculture.xml:3318 freeculture.xml:4253 freeculture.xml:5384 freeculture.xml:5433 freeculture.xml:9842 freeculture.xml:9940 freeculture.xml:10109 freeculture.xml:14679 freeculture.xml:14744
+#: freeculture.xml:2960 freeculture.xml:3318 freeculture.xml:4253 freeculture.xml:5384 freeculture.xml:5433 freeculture.xml:9842 freeculture.xml:9940 freeculture.xml:10109 freeculture.xml:14684 freeculture.xml:14749
msgid "artists"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:2960 freeculture.xml:3318 freeculture.xml:4253 freeculture.xml:9842 freeculture.xml:9940 freeculture.xml:10109 freeculture.xml:14679 freeculture.xml:14744
+#: freeculture.xml:2960 freeculture.xml:3318 freeculture.xml:4253 freeculture.xml:9842 freeculture.xml:9940 freeculture.xml:10109 freeculture.xml:14684 freeculture.xml:14749
msgid "recording industry payments to"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3248 freeculture.xml:14375
+#: freeculture.xml:3248 freeculture.xml:14380
msgid "Grisham, John"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><para><indexterm><primary>
-#: freeculture.xml:3353 freeculture.xml:9051 freeculture.xml:9510 freeculture.xml:12504
+#: freeculture.xml:3353 freeculture.xml:9051 freeculture.xml:9510 freeculture.xml:12509
msgid "Lovett, Lyle"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:3395 freeculture.xml:4277 freeculture.xml:8246 freeculture.xml:8285 freeculture.xml:14777
+#: freeculture.xml:3395 freeculture.xml:4277 freeculture.xml:8246 freeculture.xml:8285 freeculture.xml:14782
msgid "cable television"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:3557 freeculture.xml:3637 freeculture.xml:3687 freeculture.xml:14779
+#: freeculture.xml:3557 freeculture.xml:3637 freeculture.xml:3687 freeculture.xml:14784
msgid "Asia, commercial piracy in"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:3558 freeculture.xml:4005 freeculture.xml:9511 freeculture.xml:10318 freeculture.xml:14170 freeculture.xml:14761
+#: freeculture.xml:3558 freeculture.xml:4005 freeculture.xml:9511 freeculture.xml:10318 freeculture.xml:14175 freeculture.xml:14766
msgid "CDs"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3631 freeculture.xml:12788 freeculture.xml:13241 freeculture.xml:13248
+#: freeculture.xml:3631 freeculture.xml:12793 freeculture.xml:13246 freeculture.xml:13253
msgid "Drahos, Peter"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:3652 freeculture.xml:3926 freeculture.xml:14927
+#: freeculture.xml:3652 freeculture.xml:3926 freeculture.xml:14932
msgid "Liebowitz, Stan"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:3688 freeculture.xml:14780
+#: freeculture.xml:3688 freeculture.xml:14785
msgid "in Asia"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3690 freeculture.xml:3720 freeculture.xml:11592 freeculture.xml:13087 freeculture.xml:13685
+#: freeculture.xml:3690 freeculture.xml:3720 freeculture.xml:11593 freeculture.xml:13092 freeculture.xml:13690
msgid "GNU/Linux operating system"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:3691 freeculture.xml:3721 freeculture.xml:11594 freeculture.xml:13088 freeculture.xml:13686
+#: freeculture.xml:3691 freeculture.xml:3721 freeculture.xml:11595 freeculture.xml:13093 freeculture.xml:13691
msgid "Linux operating system"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:3692 freeculture.xml:3694 freeculture.xml:3695 freeculture.xml:5375 freeculture.xml:7885 freeculture.xml:13140
+#: freeculture.xml:3692 freeculture.xml:3694 freeculture.xml:3695 freeculture.xml:5375 freeculture.xml:7885 freeculture.xml:13145
msgid "Microsoft"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:3943 freeculture.xml:3952 freeculture.xml:4309 freeculture.xml:8045 freeculture.xml:8074 freeculture.xml:9772 freeculture.xml:14487
+#: freeculture.xml:3943 freeculture.xml:3952 freeculture.xml:4309 freeculture.xml:8045 freeculture.xml:8074 freeculture.xml:9772 freeculture.xml:14492
msgid "cassette recording"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:3943 freeculture.xml:4309 freeculture.xml:8045 freeculture.xml:8074 freeculture.xml:9772 freeculture.xml:9773 freeculture.xml:14487 freeculture.xml:14488
+#: freeculture.xml:3943 freeculture.xml:4309 freeculture.xml:8045 freeculture.xml:8074 freeculture.xml:9772 freeculture.xml:9773 freeculture.xml:14492 freeculture.xml:14493
msgid "VCRs"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:4107 freeculture.xml:4115 freeculture.xml:4137 freeculture.xml:4159 freeculture.xml:4663 freeculture.xml:5994 freeculture.xml:5999 freeculture.xml:6051 freeculture.xml:6927 freeculture.xml:6928 freeculture.xml:7270 freeculture.xml:7339 freeculture.xml:7373 freeculture.xml:7589 freeculture.xml:13873 freeculture.xml:14599 freeculture.xml:14600
+#: freeculture.xml:4107 freeculture.xml:4115 freeculture.xml:4137 freeculture.xml:4159 freeculture.xml:4663 freeculture.xml:5994 freeculture.xml:5999 freeculture.xml:6051 freeculture.xml:6927 freeculture.xml:6928 freeculture.xml:7270 freeculture.xml:7339 freeculture.xml:7373 freeculture.xml:7589 freeculture.xml:13878 freeculture.xml:14604 freeculture.xml:14605
msgid "books"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:4107 freeculture.xml:4115 freeculture.xml:6928 freeculture.xml:14600
+#: freeculture.xml:4107 freeculture.xml:4115 freeculture.xml:6928 freeculture.xml:14605
msgid "resales of"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:4137 freeculture.xml:5994 freeculture.xml:5999 freeculture.xml:6927 freeculture.xml:14599
+#: freeculture.xml:4137 freeculture.xml:5994 freeculture.xml:5999 freeculture.xml:6927 freeculture.xml:14604
msgid "out of print"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:4159 freeculture.xml:13873
+#: freeculture.xml:4159 freeculture.xml:13878
msgid "free on-line releases of"
msgstr ""
msgid "composers, copyright protections of"
msgstr ""
-#. type: Content of: <book><part><chapter><
section><indexterm><primary>
-#: freeculture.xml:4255 freeculture.xml:4256
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:4255 freeculture.xml:4256 freeculture.xml:11661
msgid "Congress, U.S."
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:4969 freeculture.xml:15023
+#: freeculture.xml:4969 freeculture.xml:15028
msgid "Rose, Mark"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:5374 freeculture.xml:5434 freeculture.xml:5619 freeculture.xml:10087 freeculture.xml:14390
+#: freeculture.xml:5374 freeculture.xml:5434 freeculture.xml:5619 freeculture.xml:10087 freeculture.xml:14395
msgid "Alben, Alex"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:5731 freeculture.xml:8885 freeculture.xml:11105 freeculture.xml:11350
+#: freeculture.xml:5731 freeculture.xml:8885 freeculture.xml:11106 freeculture.xml:11351
msgid "archives, digital"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:6625 freeculture.xml:14966
+#: freeculture.xml:6625 freeculture.xml:14971
msgid "Brezhnev, Leonid"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:6626 freeculture.xml:13202
+#: freeculture.xml:6626 freeculture.xml:13207
msgid "Gates, Bill"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:7451 freeculture.xml:7511 freeculture.xml:13553
+#: freeculture.xml:7451 freeculture.xml:7511 freeculture.xml:13558
msgid "browsing"
msgstr ""
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:9748 freeculture.xml:11593
+#: freeculture.xml:9748 freeculture.xml:11594
msgid "Intel"
msgstr ""
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:10086 freeculture.xml:14760
+#: freeculture.xml:10086 freeculture.xml:14765
msgid "Real Networks"
msgstr ""
"works."
msgstr ""
-#. f1.
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:10676 freeculture.xml:11693
+msgid "pornography"
+msgstr ""
+
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:10676
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 "
-"noncommercial pornographers—people who were distributing porn but were "
-"not making money directly or indirectly from that distribution. Such a "
-"class didn't exist before the Internet came into being because the costs of "
-"distributing porn were so high. Yet this new class of distributors got "
-"special attention in the Supreme Court, when the Court struck down the "
-"Communications Decency Act of 1996. It was partly because of the burden on "
-"noncommercial speakers that the statute was found to exceed Congress's "
-"power. The same point could have been made about noncommercial publishers "
-"after the advent of the Internet. The Eric Eldreds of the world before the "
-"Internet were extremely few. Yet one would think it at least as important to "
-"protect the Eldreds of the world as to protect noncommercial pornographers."
+"<placeholder type=\"indexterm\" id=\"0\"/> 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 noncommercial "
+"pornographers—people who were distributing porn but were not making "
+"money directly or indirectly from that distribution. Such a class didn't "
+"exist before the Internet came into being because the costs of distributing "
+"porn were so high. Yet this new class of distributors got special attention "
+"in the Supreme Court, when the Court struck down the Communications Decency "
+"Act of 1996. It was partly because of the burden on noncommercial speakers "
+"that the statute was found to exceed Congress's power. The same point could "
+"have been made about noncommercial publishers after the advent of the "
+"Internet. The Eric Eldreds of the world before the Internet were extremely "
+"few. Yet one would think it at least as important to protect the Eldreds of "
+"the world as to protect noncommercial pornographers."
msgstr ""
#. type: Content of: <book><part><chapter><para>
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10693
+#: freeculture.xml:10694
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:10706 freeculture.xml:10716
+#: freeculture.xml:10707 freeculture.xml:10717
msgid "Bono, Mary"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:10707 freeculture.xml:10717
+#: freeculture.xml:10708 freeculture.xml:10718
msgid "Bono, Sonny"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:10716
+#: freeculture.xml:10717
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:10711
+#: freeculture.xml:10712
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:10729
+#: freeculture.xml:10730
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:10738
+#: freeculture.xml:10739
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:10749
+#: freeculture.xml:10750
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:10755
+#: freeculture.xml:10756
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><indexterm><primary>
-#: freeculture.xml:10764 freeculture.xml:12250
+#: freeculture.xml:10765 freeculture.xml:12255
msgid "Jaszi, Peter"
msgstr ""
#. PAGE BREAK 223
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10766
+#: freeculture.xml:10767
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:10777
+#: freeculture.xml:10778
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:10788
+#: freeculture.xml:10789
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:10797
+#: freeculture.xml:10798
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:10807
+#: freeculture.xml:10808
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:10814
+#: freeculture.xml:10815
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:10822
+#: freeculture.xml:10823
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:10828
+#: freeculture.xml:10829
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:10832
+#: freeculture.xml:10833
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:10837
+#: freeculture.xml:10838
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:10843
+#: freeculture.xml:10844
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:10849
+#: freeculture.xml:10850
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:10853
+#: freeculture.xml:10854
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:10859
+#: freeculture.xml:10860
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:10865
+#: freeculture.xml:10866
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:10876
+#: freeculture.xml:10877
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:10888
+#: freeculture.xml:10889
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:10895
+#: freeculture.xml:10896
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:10903
+#: freeculture.xml:10904
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:10881
+#: freeculture.xml:10882
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:10910
+#: freeculture.xml:10911
msgid ""
"<emphasis role='strong'>Constitutional law</emphasis> is not oblivious to "
"the obvious. Or at least, it need not be. So when I was considering Eldred's "
#. PAGE BREAK 226
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10922
+#: freeculture.xml:10923
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:10935
+#: freeculture.xml:10936
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:10945
+#: freeculture.xml:10946
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:10951 freeculture.xml:11737
+#: freeculture.xml:10952 freeculture.xml:11742
msgid "Rehnquist, William H."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10953
+#: freeculture.xml:10954
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:10968
+#: freeculture.xml:10969
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:10975
+#: freeculture.xml:10976
msgid ""
"<citetitle>United States</citetitle> v. <citetitle>Morrison</citetitle>, 529 "
"U.S. 598 (2000)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:10966
+#: freeculture.xml:10967
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:10982
+#: freeculture.xml:10983
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:10979
+#: freeculture.xml:10980
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:11003
+#: freeculture.xml:11004
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><indexterm><secondary>
-#: freeculture.xml:11015
+#: freeculture.xml:11016
msgid "copyright purpose established in"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
-#: freeculture.xml:11016
+#: freeculture.xml:11017
msgid "constitutional purpose of"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11020
+#: freeculture.xml:11021
msgid ""
"<emphasis role='strong'>Now let's pause</emphasis> for a moment to make sure "
"we understand what the argument in <citetitle>Eldred</citetitle> was not "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11037
+#: freeculture.xml:11038
msgid "Nashville Songwriters Association"
msgstr ""
#. f9.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11045
+#: freeculture.xml:11046
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>
-#: freeculture.xml:11039
+#: freeculture.xml:11040
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:11055
+#: freeculture.xml:11056
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:11067
+#: freeculture.xml:11068
msgid ""
"<emphasis role='strong'>It is valuable</emphasis> copyrights that are "
"responsible for terms being extended. Mickey Mouse and <quote>Rhapsody in "
#. f10.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11085
+#: freeculture.xml:11086
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:11079
+#: freeculture.xml:11080
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:11094
+#: freeculture.xml:11095
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:11107
+#: freeculture.xml:11108
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:11115
+#: freeculture.xml:11116
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:11119
+#: freeculture.xml:11120
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:11126
+#: freeculture.xml:11127
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:11135
+#: freeculture.xml:11136
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:11140
+#: freeculture.xml:11141
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:11149
+#: freeculture.xml:11150
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:11164
+#: freeculture.xml:11165
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:11176
+#: freeculture.xml:11177
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:11181
+#: freeculture.xml:11182
msgid "Agee, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11182 freeculture.xml:11617
+#: freeculture.xml:11183 freeculture.xml:11618
msgid "Hal Roach Studios"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11183
+#: freeculture.xml:11184
msgid "Laurel and Hardy Films"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11184
+#: freeculture.xml:11185
msgid "Lucky Dog, The"
msgstr ""
#. f11.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11197
+#: freeculture.xml:11198
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>
-#: freeculture.xml:11186
+#: freeculture.xml:11187
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:11204
+#: freeculture.xml:11205
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:11210
+#: freeculture.xml:11211
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:11228
+#: freeculture.xml:11229
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:11221
+#: freeculture.xml:11222
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:11238
+#: freeculture.xml:11239
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:11246
+#: freeculture.xml:11247
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:11254
+#: freeculture.xml:11255
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:11265
+#: freeculture.xml:11266
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:11276
+#: freeculture.xml:11277
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:11284
+#: freeculture.xml:11285
msgid ""
"<emphasis role='strong'>Of all the</emphasis> creative work produced by "
"humans anywhere, a tiny fraction has continuing commercial value. For that "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11292
+#: freeculture.xml:11293
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:11302
+#: freeculture.xml:11303
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:11315
+#: freeculture.xml:11316
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:11322
+#: freeculture.xml:11323
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:11333
+#: freeculture.xml:11334
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:11342
+#: freeculture.xml:11343
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:11348
+#: freeculture.xml:11349
msgid "But this situation has now changed."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11352
+#: freeculture.xml:11353
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:11365
+#: freeculture.xml:11366
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:11375
+#: freeculture.xml:11376
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:11386
+#: freeculture.xml:11387
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:11392
+#: freeculture.xml:11393
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:11416
+#: freeculture.xml:11417
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:11404
+#: freeculture.xml:11405
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:11423
+#: freeculture.xml:11424
msgid ""
"<emphasis role='strong'>In January 1999</emphasis>, we filed a lawsuit on "
"Eric Eldred's behalf in federal district court in Washington, D.C., asking "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11432
+#: freeculture.xml:11433
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:11439
+#: freeculture.xml:11440
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:11450
+#: freeculture.xml:11451
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:11455
+#: freeculture.xml:11456
msgid "Tatel, David"
msgstr ""
#. PAGE BREAK 236
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11457
+#: freeculture.xml:11458
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:11466
+#: freeculture.xml:11467
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:11473
+#: freeculture.xml:11474
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:11479
+#: freeculture.xml:11480
msgid ""
"<emphasis role='strong'>It is over</emphasis> a year later as I write these "
"words. It is still astonishingly hard. If you know anything at all about "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11490
+#: freeculture.xml:11491
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:11495 freeculture.xml:11509
+#: freeculture.xml:11496 freeculture.xml:11510
msgid "Steward, Geoffrey"
msgstr ""
#. PAGE BREAK 237
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11497
+#: freeculture.xml:11498
msgid ""
"<emphasis role='strong'>The mistake</emphasis> was made early, though it "
"became obvious only at the very end. Our case had been supported from the "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11507 freeculture.xml:11866 freeculture.xml:11882 freeculture.xml:11979 freeculture.xml:12199 freeculture.xml:12230 freeculture.xml:12328
+#: freeculture.xml:11508 freeculture.xml:11871 freeculture.xml:11887 freeculture.xml:11984 freeculture.xml:12204 freeculture.xml:12235 freeculture.xml:12333
msgid "Ayer, Don"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11508
+#: freeculture.xml:11509
msgid "Bromberg, Dan"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11511
+#: freeculture.xml:11512
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:11521
+#: freeculture.xml:11522
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:11542
+#: freeculture.xml:11543
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:11550
+#: freeculture.xml:11551
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><indexterm><primary>
-#: freeculture.xml:11568 freeculture.xml:11595
+#: freeculture.xml:11569 freeculture.xml:11596
msgid "Eagle Forum"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11569
+#: freeculture.xml:11570
msgid "Schlafly, Phyllis"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11571
+#: freeculture.xml:11572
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:11585
+#: freeculture.xml:11586
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 "
#. PAGE BREAK 239
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11597
+#: freeculture.xml:11598
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><indexterm><primary>
-#: freeculture.xml:11609
+#: freeculture.xml:11610
msgid "American Association of Law Libraries"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11610
+#: freeculture.xml:11611
msgid "National Writers Union"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11612
+#: freeculture.xml:11613
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:11619
+#: freeculture.xml:11620
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:11625
+#: freeculture.xml:11626
msgid "Akerlof, George"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11626
+#: freeculture.xml:11627
msgid "Arrow, Kenneth"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11627
+#: freeculture.xml:11628
msgid "Buchanan, James"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11628
+#: freeculture.xml:11629
msgid "Coase, Ronald"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11629
+#: freeculture.xml:11630
msgid "Friedman, Milton"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11631
+#: freeculture.xml:11632
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><indexterm><primary>
-#: freeculture.xml:11641 freeculture.xml:11659 freeculture.xml:11868 freeculture.xml:12231
+#: freeculture.xml:11642 freeculture.xml:11660 freeculture.xml:11873 freeculture.xml:12236
msgid "Fried, Charles"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11642
+#: freeculture.xml:11643
msgid "Morrison, Alan"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11643
+#: freeculture.xml:11644
msgid "Public Citizen"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:11644 freeculture.xml:11867 freeculture.xml:12987
+#: freeculture.xml:11645 freeculture.xml:11872 freeculture.xml:12992
msgid "Reagan, Ronald"
msgstr ""
#. PAGE BREAK 240
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11646
+#: freeculture.xml:11647
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 "
"Amendment strategy; and finally, former solicitor general Charles Fried."
msgstr ""
-#. type: Content of: <book><part><chapter><para>
+#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:11661
+msgid "constitutional powers of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><indexterm><secondary>
+#: freeculture.xml:11662
+msgid "Commerce Clause of"
+msgstr ""
+
+#. type: Content of: <book><part><chapter><para>
+#: freeculture.xml:11664
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:11673
+#: freeculture.xml:11676
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:11680
+#: freeculture.xml:11683
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 "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11688
+#: freeculture.xml:11691
msgid "Gershwin, George"
msgstr ""
+#. type: Content of: <book><part><chapter><indexterm><primary>
+#: freeculture.xml:11692
+msgid "Porgy and Bess"
+msgstr ""
+
#. f14.
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:11697
+#: freeculture.xml:11702
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:11705
+#: freeculture.xml:11710
msgid ""
"Dinitia Smith, <quote>Immortal Words, Immortal Royalties? Even Mickey Mouse "
"Joins the Fray,</quote> <citetitle>New York Times</citetitle>, 28 March "
#. PAGE BREAK 241
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11690
+#: freeculture.xml:11695
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:11714
+#: freeculture.xml:11719
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:11726
+#: freeculture.xml:11731
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><para>
-#: freeculture.xml:11733
+#: freeculture.xml:11738
msgid ""
"<emphasis role='strong'>Between February</emphasis> and October, there was "
"little I did beyond preparing for this case. Early on, as I said, I set the "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11738 freeculture.xml:11924
+#: freeculture.xml:11743 freeculture.xml:11929
msgid "O'Connor, Sandra Day"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11740
+#: freeculture.xml:11745
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:11749 freeculture.xml:11774 freeculture.xml:12126 freeculture.xml:12138
+#: freeculture.xml:11754 freeculture.xml:11779 freeculture.xml:12131 freeculture.xml:12143
msgid "Breyer, Stephen"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:11750 freeculture.xml:12090
+#: freeculture.xml:11755 freeculture.xml:12095
msgid "Ginsburg, Ruth Bader"
msgstr ""
#. PAGE BREAK 242
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11752
+#: freeculture.xml:11757
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:11764
+#: freeculture.xml:11769
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:11776
+#: freeculture.xml:11781
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:11785
+#: freeculture.xml:11790
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:11793
+#: freeculture.xml:11798
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:11803
+#: freeculture.xml:11808
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:11817
+#: freeculture.xml:11822
msgid ""
"<emphasis role='strong'>The argument</emphasis> on the government's side "
"came down to this: Congress has done it before. It should be allowed to do "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11825
+#: freeculture.xml:11830
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11832
+#: freeculture.xml:11837
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 "
#. PAGE BREAK 244
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11847
+#: freeculture.xml:11852
msgid ""
"<emphasis role='strong'>Oral argument</emphasis> was scheduled for the first "
"week in October. I arrived in D.C. two weeks before the argument. During "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11857
+#: freeculture.xml:11862
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:11870
+#: freeculture.xml:11875
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:11876
+#: freeculture.xml:11881
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11884
+#: freeculture.xml:11889
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 "
#. PAGE BREAK 245
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11894
+#: freeculture.xml:11899
msgid ""
"<emphasis role='strong'>The night before</emphasis> the argument, a line of "
"people began to form in front of the Supreme Court. The case had become a "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:11904
+#: freeculture.xml:11909
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:11919
+#: freeculture.xml:11924
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:11926
+#: freeculture.xml:11931
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:11931
+#: freeculture.xml:11936
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:11938
+#: freeculture.xml:11943
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:11944
+#: freeculture.xml:11949
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:11952
+#: freeculture.xml:11957
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:11958
+#: freeculture.xml:11963
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:11966
+#: freeculture.xml:11971
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:11972
+#: freeculture.xml:11977
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:11981
+#: freeculture.xml:11986
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:11988
+#: freeculture.xml:11993
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:11993
+#: freeculture.xml:11998
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:12000
+#: freeculture.xml:12005
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:12004
+#: freeculture.xml:12009
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:12012
+#: freeculture.xml:12017
msgid "Olson, Theodore B."
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12014
+#: freeculture.xml:12019
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:12020
+#: freeculture.xml:12025
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:12028
+#: freeculture.xml:12033
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:12041
+#: freeculture.xml:12046
msgid ""
"<emphasis role='strong'>As I left</emphasis> the court that day, I knew "
"there were a hundred points I wished I could remake. There were a hundred "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12050
+#: freeculture.xml:12055
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:12065
+#: freeculture.xml:12070
msgid ""
"<emphasis role='strong'>The morning</emphasis> of January 15, 2003, I was "
"five minutes late to the office and missed the 7:00 A.M. call from the "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12073
+#: freeculture.xml:12078
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:12078
+#: freeculture.xml:12083
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:12084
+#: freeculture.xml:12089
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:12094
+#: freeculture.xml:12099
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:12099
+#: freeculture.xml:12104
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:12105
+#: freeculture.xml:12110
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:12116
+#: freeculture.xml:12121
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:12128
+#: freeculture.xml:12133
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:12141
+#: freeculture.xml:12146
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:12152
+#: freeculture.xml:12157
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:12159
+#: freeculture.xml:12164
msgid ""
"<emphasis role='strong'>Defeat brings depression</emphasis>. They say it is "
"a sign of health when depression gives way to anger. My anger came quickly, "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12164
+#: freeculture.xml:12169
msgid "originalism"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12166
+#: freeculture.xml:12171
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:12179
+#: freeculture.xml:12184
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:12194
+#: freeculture.xml:12199
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:12201
+#: freeculture.xml:12206
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:12212
+#: freeculture.xml:12217
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:12233
+#: freeculture.xml:12238
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:12238
+#: freeculture.xml:12243
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:12244
+#: freeculture.xml:12249
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:12252
+#: freeculture.xml:12257
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 "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12259
+#: freeculture.xml:12264
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, "
#. PAGE BREAK 253
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12268
+#: freeculture.xml:12273
msgid ""
"<emphasis role='strong'>While the reaction</emphasis> to the Sonny Bono Act "
"itself was almost unanimously negative, the reaction to the Court's decision "
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
-#: freeculture.xml:12283
+#: freeculture.xml:12288
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:12297 freeculture.xml:12302
+#: freeculture.xml:12302 freeculture.xml:12307
msgid "Bolling, Ruben"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12292
+#: freeculture.xml:12297
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:12300
+#: freeculture.xml:12305
msgid "Tom the Dancing Bug cartoon"
msgstr ""
#. type: Content of: <book><part><chapter><figure>
-#: freeculture.xml:12301
+#: freeculture.xml:12306
msgid ""
"<graphic fileref=\"images/18.png\"></graphic> <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12305
+#: freeculture.xml:12310
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:12316
+#: freeculture.xml:12321
msgid "CHAPTER FOURTEEN: Eldred II"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12318
+#: freeculture.xml:12323
msgid ""
"<emphasis role='strong'>The day</emphasis> <citetitle>Eldred</citetitle> was "
"decided, fate would have it that I was to travel to Washington, D.C. (The "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12330
+#: freeculture.xml:12335
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:12340
+#: freeculture.xml:12345
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:12348
+#: freeculture.xml:12353
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:12353
+#: freeculture.xml:12358
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:12361 freeculture.xml:12562
+#: freeculture.xml:12366 freeculture.xml:12567
msgid "Forbes, Steve"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12363
+#: freeculture.xml:12368
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:12375
+#: freeculture.xml:12380
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:12385
+#: freeculture.xml:12390
msgid "Berlin Act (1908)"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12386 freeculture.xml:12427
+#: freeculture.xml:12391 freeculture.xml:12432
msgid "Berne Convention (1908)"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
-#: freeculture.xml:12394
+#: freeculture.xml:12399
msgid "German copyright law"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
-#: freeculture.xml:12394
+#: freeculture.xml:12399
msgid ""
"<placeholder type=\"indexterm\" id=\"0\"/> Until the 1908 Berlin Act of the "
"Berne Convention, national copyright legislation sometimes made protection "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12389
+#: freeculture.xml:12394
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:12421
+#: freeculture.xml:12426
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:12429
+#: freeculture.xml:12434
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:12439
+#: freeculture.xml:12444
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:12447
+#: freeculture.xml:12452
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:12455
+#: freeculture.xml:12460
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:12467
+#: freeculture.xml:12472
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:12476
+#: freeculture.xml:12481
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:12492
+#: freeculture.xml:12497
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:12507
+#: freeculture.xml:12512
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:12517
+#: freeculture.xml:12522
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:12526
+#: freeculture.xml:12531
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:12533
+#: freeculture.xml:12538
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:12540
+#: freeculture.xml:12545
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:12546
+#: freeculture.xml:12551
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:12564
+#: freeculture.xml:12569
msgid ""
"<emphasis role='strong'>When Steve Forbes</emphasis> endorsed the idea, some "
"in Washington began to pay attention. Many people contacted me pointing to "
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
-#: freeculture.xml:12570
+#: freeculture.xml:12575
msgid "Lofgren, Zoe"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12572
+#: freeculture.xml:12577
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:12581
+#: freeculture.xml:12586
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:12589
+#: freeculture.xml:12594
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:12610
+#: freeculture.xml:12615
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:12618
+#: freeculture.xml:12623
msgid ""
"<emphasis role='strong'>At the beginning</emphasis> of this book, I told two "
"stories about the law reacting to changes in technology. In the one, common "
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12628
+#: freeculture.xml:12633
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:12637
+#: freeculture.xml:12642
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:12647
+#: freeculture.xml:12652
msgid "Kelly, Kevin"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12649
+#: freeculture.xml:12654
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:12659
+#: freeculture.xml:12664
msgid "What does this industry really want?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
-#: freeculture.xml:12662
+#: freeculture.xml:12667
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:12673
+#: freeculture.xml:12678
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:12681
+#: freeculture.xml:12686
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:12693
+#: freeculture.xml:12698
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:12700
+#: freeculture.xml:12705
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:12712
+#: freeculture.xml:12717
msgid "CONCLUSION"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12713
+#: freeculture.xml:12718
msgid "antiretroviral drugs"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12714
+#: freeculture.xml:12719
msgid "HIV/AIDS therapies"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12715
+#: freeculture.xml:12720
msgid "Africa, medications for HIV patients in"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12717
+#: freeculture.xml:12722
msgid ""
"<emphasis role='strong'>There are more</emphasis> than 35 million people "
"with the AIDS virus worldwide. Twenty-five million of them live in "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12724
+#: freeculture.xml:12729
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:12739
+#: freeculture.xml:12744
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:12732
+#: freeculture.xml:12737
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:12750
+#: freeculture.xml:12755
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:12758
+#: freeculture.xml:12763
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:12769
+#: freeculture.xml:12774
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:12787 freeculture.xml:13242
+#: freeculture.xml:12792 freeculture.xml:13247
msgid "Braithwaite, John"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12785
+#: freeculture.xml:12790
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:12776
+#: freeculture.xml:12781
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:12798
+#: freeculture.xml:12803
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:12825
+#: freeculture.xml:12830
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:12792
+#: freeculture.xml:12797
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:12831
+#: freeculture.xml:12836
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:12841
+#: freeculture.xml:12846
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:12849
+#: freeculture.xml:12854
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:12864
+#: freeculture.xml:12869
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:12858
+#: freeculture.xml:12863
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:12885
+#: freeculture.xml:12890
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:12895
+#: freeculture.xml:12900
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:12903
+#: freeculture.xml:12908
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:12911
+#: freeculture.xml:12916
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:12926
+#: freeculture.xml:12931
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:12932
+#: freeculture.xml:12937
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:12944
+#: freeculture.xml:12949
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:12955
+#: freeculture.xml:12960
msgid ""
"<emphasis role='strong'>A simple idea</emphasis> blinds us, and under the "
"cover of darkness, much happens that most of us would reject if any of us "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12969
+#: freeculture.xml:12974
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><secondary>
-#: freeculture.xml:12982
+#: freeculture.xml:12987
msgid "public projects in"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12983
+#: freeculture.xml:12988
msgid "single nucleotied polymorphisms (SNPs)"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12984
+#: freeculture.xml:12989
msgid "Wellcome Trust"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12985
+#: freeculture.xml:12990
msgid "World Wide Web"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12986
+#: freeculture.xml:12991
msgid "Global Positioning System"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:12988
+#: freeculture.xml:12993
msgid "biomedical research"
msgstr ""
#. f6.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:12993
+#: freeculture.xml:12998
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:13021 freeculture.xml:13712
+#: freeculture.xml:13026 freeculture.xml:13717
msgid "academic journals"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13022 freeculture.xml:13089 freeculture.xml:13638
+#: freeculture.xml:13027 freeculture.xml:13094 freeculture.xml:13643
msgid "IBM"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><indexterm><primary>
-#: freeculture.xml:13023 freeculture.xml:13775
+#: freeculture.xml:13028 freeculture.xml:13780
msgid "PLoS (Public Library of Science)"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:12990
+#: freeculture.xml:12995
msgid ""
"<emphasis role='strong'>In August 2003</emphasis>, a fight broke out in the "
"United States about a decision by the World Intellectual Property "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13027
+#: freeculture.xml:13032
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:13035
+#: freeculture.xml:13040
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:13034
+#: freeculture.xml:13039
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:13045
+#: freeculture.xml:13050
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:13069
+#: freeculture.xml:13074
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><section><section><indexterm><primary>
-#: freeculture.xml:13074 freeculture.xml:14758
+#: freeculture.xml:13079 freeculture.xml:14763
msgid "Apple Corporation"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13076
+#: freeculture.xml:13081
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 "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13086
+#: freeculture.xml:13091
msgid "<quote>copyleft</quote> licenses"
msgstr ""
#. f8.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13102
+#: freeculture.xml:13107
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>
-#: freeculture.xml:13091
+#: freeculture.xml:13096
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 "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13119
+#: freeculture.xml:13124
msgid "General Public License (GPL)"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13120
+#: freeculture.xml:13125
msgid "GPL (General Public License)"
msgstr ""
#. PAGE BREAK 272
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13122
+#: freeculture.xml:13127
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 "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13139
+#: freeculture.xml:13144
msgid "Krim, Jonathan"
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
-#: freeculture.xml:13140
+#: freeculture.xml:13145
msgid "WIPO meeting opposed by"
msgstr ""
#. f9.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13150
+#: freeculture.xml:13155
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>
-#: freeculture.xml:13142
+#: freeculture.xml:13147
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:13156
+#: freeculture.xml:13161
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><indexterm><primary>
-#: freeculture.xml:13163 freeculture.xml:13216
+#: freeculture.xml:13168 freeculture.xml:13221
msgid "Boland, Lois"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13165
+#: freeculture.xml:13170
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:13175
+#: freeculture.xml:13180
msgid "These statements are astonishing on a number of levels."
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13179
+#: freeculture.xml:13184
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><indexterm><primary>
-#: freeculture.xml:13188
+#: freeculture.xml:13193
msgid "generic drugs"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13190
+#: freeculture.xml:13195
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:13204
+#: freeculture.xml:13209
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:13218
+#: freeculture.xml:13223
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:13230
+#: freeculture.xml:13235
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:13247
+#: freeculture.xml:13252
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:13244
+#: freeculture.xml:13249
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:13256
+#: freeculture.xml:13261
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:13263
+#: freeculture.xml:13268
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:13275
+#: freeculture.xml:13280
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:13286
+#: freeculture.xml:13291
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:13294
+#: freeculture.xml:13299
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:13300
+#: freeculture.xml:13305
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:13311
+#: freeculture.xml:13316
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><para>
-#: freeculture.xml:13319
+#: freeculture.xml:13324
msgid "If this is crazy, then let there be more crazies. Soon."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13323
+#: freeculture.xml:13328
msgid "Turner, Ted"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13325
+#: freeculture.xml:13330
msgid ""
"<emphasis role='strong'>There are moments</emphasis> of hope in this "
"struggle. And moments that surprise. When the FCC was considering relaxing "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13336
+#: freeculture.xml:13341
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:13344
+#: freeculture.xml:13349
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:13351
+#: freeculture.xml:13356
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:13361
+#: freeculture.xml:13366
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:13368
+#: freeculture.xml:13373
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:13376
+#: freeculture.xml:13381
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:13379
+#: freeculture.xml:13384
msgid "Dylan, Bob"
msgstr ""
#. f11.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13385
+#: freeculture.xml:13390
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:13403
+#: freeculture.xml:13408
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:13410
+#: freeculture.xml:13415
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:13381
+#: freeculture.xml:13386
msgid ""
"<emphasis role='strong'>As I write</emphasis> these final words, the news is "
"filled with stories about the RIAA lawsuits against almost three hundred "
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13427
+#: freeculture.xml:13432
msgid "BBC"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13428
+#: freeculture.xml:13433
msgid "Brazil, free culture in"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13429 freeculture.xml:13791
+#: freeculture.xml:13434 freeculture.xml:13796
msgid "Creative Commons"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13430
+#: freeculture.xml:13435
msgid "Gil, Gilberto"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
-#: freeculture.xml:13431
+#: freeculture.xml:13436
msgid "United Kingdom"
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
-#: freeculture.xml:13431
+#: freeculture.xml:13436
msgid "public creative archive in"
msgstr ""
#. f14.
#. type: Content of: <book><chapter><para><footnote><para>
-#: freeculture.xml:13436
+#: freeculture.xml:13441
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:13445
+#: freeculture.xml:13450
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:13433
+#: freeculture.xml:13438
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:13459
+#: freeculture.xml:13464
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:13467
+#: freeculture.xml:13472
msgid "AFTERWORD"
msgstr ""
#. PAGE BREAK 280
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13471
+#: freeculture.xml:13476
msgid ""
"<emphasis role='strong'>At least some</emphasis> who have read this far will "
"agree with me that something must be done to change where we are "
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:13476
+#: freeculture.xml:13481
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:13482
+#: freeculture.xml:13487
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:13489
+#: freeculture.xml:13494
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:13498
+#: freeculture.xml:13503
msgid "US, NOW"
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13500
+#: freeculture.xml:13505
msgid ""
"<emphasis role='strong'>Common sense</emphasis> is with the copyright "
"warriors because the debate so far has been framed at the extremes—as "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13507
+#: freeculture.xml:13512
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:13517
+#: freeculture.xml:13522
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:13529
+#: freeculture.xml:13534
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:13543
+#: freeculture.xml:13548
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:13552
+#: freeculture.xml:13557
msgid "Rebuilding Freedoms Previously Presumed: Examples"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13555
+#: freeculture.xml:13560
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:13565
+#: freeculture.xml:13570
msgid "What made it assured?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13569
+#: freeculture.xml:13574
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:13584
+#: freeculture.xml:13589
msgid "Amazon"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13585
+#: freeculture.xml:13590
msgid "cookies, Internet"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13587
+#: freeculture.xml:13592
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:13597
+#: freeculture.xml:13602
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:13614
+#: freeculture.xml:13619
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:13608
+#: freeculture.xml:13613
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:13632
+#: freeculture.xml:13637
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:13640
+#: freeculture.xml:13645
msgid "Stallman, Richard"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13642
+#: freeculture.xml:13647
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:13650
+#: freeculture.xml:13655
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:13662
+#: freeculture.xml:13667
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:13671
+#: freeculture.xml:13676
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:13679
+#: freeculture.xml:13684
msgid "Torvalds, Linus"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13681
+#: freeculture.xml:13686
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:13689
+#: freeculture.xml:13694
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:13700
+#: freeculture.xml:13705
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:13708
+#: freeculture.xml:13713
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:13714
+#: freeculture.xml:13719
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:13730
+#: freeculture.xml:13735
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:13739
+#: freeculture.xml:13744
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:13744
+#: freeculture.xml:13749
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:13756
+#: freeculture.xml:13761
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:13764
+#: freeculture.xml:13769
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:13778
+#: freeculture.xml:13783
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:13790
+#: freeculture.xml:13795
msgid "Rebuilding Free Culture: One Idea"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13793
+#: freeculture.xml:13798
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:13796
+#: freeculture.xml:13801
msgid "Stanford University"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13798
+#: freeculture.xml:13803
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:13809
+#: freeculture.xml:13814
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:13827
+#: freeculture.xml:13832
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:13838
+#: freeculture.xml:13843
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><indexterm><primary>
-#: freeculture.xml:13848
+#: freeculture.xml:13853
msgid "Garlick, Mia"
msgstr ""
#. PAGE BREAK 289
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13850
+#: freeculture.xml:13855
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:13862
+#: freeculture.xml:13867
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:13875
+#: freeculture.xml:13880
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:13882
+#: freeculture.xml:13887
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:13894
+#: freeculture.xml:13899
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><indexterm><primary>
-#: freeculture.xml:13899
+#: freeculture.xml:13904
msgid "Free for All (Wayner)"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13900
+#: freeculture.xml:13905
msgid "Wayner, Peter"
msgstr ""
#. PAGE BREAK 290
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:13902
+#: freeculture.xml:13907
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:13913
+#: freeculture.xml:13918
msgid "Public Enemy"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13914
+#: freeculture.xml:13919
msgid "rap music"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:13915
+#: freeculture.xml:13920
msgid "Leaphart, Walter"
msgstr ""
#. f2.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:13932
+#: freeculture.xml:13937
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:13917
+#: freeculture.xml:13922
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:13941
+#: freeculture.xml:13946
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:13953
+#: freeculture.xml:13958
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:13963
+#: freeculture.xml:13968
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:13971
+#: freeculture.xml:13976
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:13985
+#: freeculture.xml:13990
msgid "THEM, SOON"
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13987
+#: freeculture.xml:13992
msgid ""
"<emphasis role='strong'>We will</emphasis> not reclaim a free culture by "
"individual action alone. It will also take important reforms of laws. We "
msgstr ""
#. type: Content of: <book><chapter><section><para>
-#: freeculture.xml:13994
+#: freeculture.xml:13999
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:14001
+#: freeculture.xml:14006
msgid "1. More Formalities"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14003
+#: freeculture.xml:14008
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:14010
+#: freeculture.xml:14015
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:14015
+#: freeculture.xml:14020
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:14021
+#: freeculture.xml:14026
msgid "Why?"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14024
+#: freeculture.xml:14029
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:14033
+#: freeculture.xml:14038
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:14047
+#: freeculture.xml:14052
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:14045
+#: freeculture.xml:14050
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:14055
+#: freeculture.xml:14060
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:14067
+#: freeculture.xml:14072
msgid "REGISTRATION AND RENEWAL"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:14069
+#: freeculture.xml:14074
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:14082
+#: freeculture.xml:14087
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:14091
+#: freeculture.xml:14096
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:14101
+#: freeculture.xml:14106
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:14116
+#: freeculture.xml:14121
msgid "MARKING"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:14118
+#: freeculture.xml:14123
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:14128
+#: freeculture.xml:14133
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:14134
+#: freeculture.xml:14139
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:14151
+#: freeculture.xml:14156
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:14144
+#: freeculture.xml:14149
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:14164
+#: freeculture.xml:14169
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><indexterm><secondary>
-#: freeculture.xml:14170
+#: freeculture.xml:14175
msgid "copyright marking of"
msgstr ""
#. type: Content of: <book><chapter><section><section><section><para>
-#: freeculture.xml:14172
+#: freeculture.xml:14177
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:14184
+#: freeculture.xml:14189
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:14192
+#: freeculture.xml:14197
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:14197
+#: freeculture.xml:14202
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:14209
+#: freeculture.xml:14214
msgid "2. Shorter Terms"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14211
+#: freeculture.xml:14216
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:14224
+#: freeculture.xml:14229
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:14216
+#: freeculture.xml:14221
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:14231
+#: freeculture.xml:14236
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:14239
+#: freeculture.xml:14244
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:14248
+#: freeculture.xml:14253
msgid ""
"<emphasis>Keep it simple:</emphasis> The line between the public domain and "
"protected content must be kept clear. Lawyers like the fuzziness of "
msgstr ""
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><indexterm><primary>
-#: freeculture.xml:14260
+#: freeculture.xml:14265
msgid "veterans' pensions"
msgstr ""
#. f4.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para><footnote><para>
-#: freeculture.xml:14271
+#: freeculture.xml:14276
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>
-#: freeculture.xml:14263
+#: freeculture.xml:14268
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:14282
+#: freeculture.xml:14287
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:14298
+#: freeculture.xml:14303
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:14304
+#: freeculture.xml:14309
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:14314
+#: freeculture.xml:14319
msgid "3. Free Use Vs. Fair Use"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14318
+#: freeculture.xml:14323
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:14326
+#: freeculture.xml:14331
msgid ""
"Our Constitution gives Congress the power to give authors <quote>exclusive "
"right</quote> to <quote>their writings.</quote> Congress has given authors "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:14334
+#: freeculture.xml:14339
msgid "Kaplan, Benjamin"
msgstr ""
#. f5.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14340
+#: freeculture.xml:14345
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>
-#: freeculture.xml:14336
+#: freeculture.xml:14341
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:14353
+#: freeculture.xml:14358
msgid "Ibid., 56."
msgstr ""
#. type: Content of: <book><chapter><section><section><blockquote><para>
-#: freeculture.xml:14349
+#: freeculture.xml:14354
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:14358
+#: freeculture.xml:14363
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:14365
+#: freeculture.xml:14370
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:14378
+#: freeculture.xml:14383
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:14392
+#: freeculture.xml:14397
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:14408
+#: freeculture.xml:14413
msgid "Goldstein, Paul"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14406
+#: freeculture.xml:14411
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:14400
+#: freeculture.xml:14405
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:14414
+#: freeculture.xml:14419
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:14421
+#: freeculture.xml:14426
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:14431
+#: freeculture.xml:14436
msgid "4. Liberate the Music—Again"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14433
+#: freeculture.xml:14438
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:14440
+#: freeculture.xml:14445
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:14449
+#: freeculture.xml:14454
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:14456
+#: freeculture.xml:14461
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:14465
+#: freeculture.xml:14470
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:14470
+#: freeculture.xml:14475
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:14476
+#: freeculture.xml:14481
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:14482
+#: freeculture.xml:14487
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:14490
+#: freeculture.xml:14495
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:14498
+#: freeculture.xml:14503
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:14506
+#: freeculture.xml:14511
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:14511
+#: freeculture.xml:14516
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:14523
+#: freeculture.xml:14528
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:14537
+#: freeculture.xml:14542
msgid "cell phones, music streamed over"
msgstr ""
#. f8.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14557
+#: freeculture.xml:14562
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:14539
+#: freeculture.xml:14544
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:14564
+#: freeculture.xml:14569
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:14580
+#: freeculture.xml:14585
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:14591
+#: freeculture.xml:14596
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:14602
+#: freeculture.xml:14607
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:14612
+#: freeculture.xml:14617
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:14623
+#: freeculture.xml:14628
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:14633
+#: freeculture.xml:14638
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:14643
+#: freeculture.xml:14648
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:14651
+#: freeculture.xml:14656
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:14655
+#: freeculture.xml:14660
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:14666
+#: freeculture.xml:14671
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:14673 freeculture.xml:14715
+#: freeculture.xml:14678 freeculture.xml:14720
msgid "Promises to Keep (Fisher)"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
-#: freeculture.xml:14713
+#: freeculture.xml:14718
msgid "Fisher, William"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14679
+#: freeculture.xml:14684
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:14675
+#: freeculture.xml:14680
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:14729
+#: freeculture.xml:14734
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:14746
+#: freeculture.xml:14751
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><indexterm><primary>
-#: freeculture.xml:14759
+#: freeculture.xml:14764
msgid "MusicStore"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:14761
+#: freeculture.xml:14766
msgid "prices of"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14763
+#: freeculture.xml:14768
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><indexterm><secondary>
-#: freeculture.xml:14778
+#: freeculture.xml:14783
msgid "cable vs. broadcast"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:14781
+#: freeculture.xml:14786
msgid "film industry"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:14781
+#: freeculture.xml:14786
msgid "luxury theatres vs. video piracy in"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14783
+#: freeculture.xml:14788
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:14795
+#: freeculture.xml:14800
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:14804
+#: freeculture.xml:14809
msgid "In summary, then, my proposal is this:"
msgstr ""
#. PAGE BREAK 308
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14809
+#: freeculture.xml:14814
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:14816
+#: freeculture.xml:14821
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:14822
+#: freeculture.xml:14827
msgid "guaranteeing the right to engage in type D sharing;"
msgstr ""
#. 2.
#. type: Content of: <book><chapter><section><section><orderedlist><listitem><para>
-#: freeculture.xml:14826
+#: freeculture.xml:14831
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:14832
+#: freeculture.xml:14837
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:14837
+#: freeculture.xml:14842
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:14843
+#: freeculture.xml:14848
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:14857
+#: freeculture.xml:14862
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:14868
+#: freeculture.xml:14873
msgid "5. Fire Lots of Lawyers"
msgstr ""
#. type: Content of: <book><chapter><section><section><para>
-#: freeculture.xml:14870
+#: freeculture.xml:14875
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:14876
+#: freeculture.xml:14881
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 "
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:14883
+#: freeculture.xml:14888
msgid "Nimmer, Melville"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
-#: freeculture.xml:14884
+#: freeculture.xml:14889
msgid "Sonny Bono Copyright Term Extension Act (CTEA) (1998)"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
-#: freeculture.xml:14884
+#: freeculture.xml:14889
msgid "Supreme Court challenge of"
msgstr ""
#. f10.
#. type: Content of: <book><chapter><section><section><para><footnote><para>
-#: freeculture.xml:14895
+#: freeculture.xml:14900
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:14886
+#: freeculture.xml:14891
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:14901
+#: freeculture.xml:14906
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:14911
+#: freeculture.xml:14916
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:14906
+#: freeculture.xml:14911
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:14935
+#: freeculture.xml:14940
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:14943
+#: freeculture.xml:14948
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:14953
+#: freeculture.xml:14958
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:14961
+#: freeculture.xml:14966
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:14968
+#: freeculture.xml:14973
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:14977
+#: freeculture.xml:14982
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:14986
+#: freeculture.xml:14991
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:14995
+#: freeculture.xml:15000
msgid "NOTES"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:14997
+#: freeculture.xml:15002
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:15016
+#: freeculture.xml:15021
msgid "ACKNOWLEDGMENTS"
msgstr ""
#. type: Content of: <book><chapter><para>
-#: freeculture.xml:15018
+#: freeculture.xml:15023
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:15025
+#: freeculture.xml:15030
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:15038
+#: freeculture.xml:15043
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:15049
+#: freeculture.xml:15054
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:15069
+#: freeculture.xml:15074
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:15078
+#: freeculture.xml:15083
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