<indexterm startref='idxproprigtair' class='endofrange'/>
<indexterm startref='idxlandownership' class='endofrange'/>
<indexterm startref='idxairtraffic' class='endofrange'/>
+<indexterm id='idxarmstrongedwin' class='startofrange'>
+ <primary>Armstrong, Edwin Howard</primary>
+</indexterm>
<para>
<emphasis role='strong'>Edwin Howard Armstrong</emphasis> is one of America's forgotten inventor
geniuses. He came to the great American inventor scene just after the
now broke, in 1954 Armstrong wrote a short note to his wife and then
stepped out of a thirteenth-story window to his death.
</para>
+<indexterm startref='idxarmstrongedwin' class='endofrange'/>
<para>
This is how the law sometimes works. Not often this tragically, and
rarely with heroic drama, but sometimes, this is how it works. From
fired for keeping a personal Web log, published under a pseudonym,
that dealt with some of the issues and people he was covering.</quote>)
<indexterm><primary>CNN</primary></indexterm>
+<indexterm><primary>Olafson, Steve</primary></indexterm>
</para></footnote>
But it is clear that we are still in transition. <quote>A
$12,000 from summer jobs and other employment. They demanded
$12,000 to dismiss the case.
</para>
+<indexterm><primary>Oppenheimer, Matt</primary></indexterm>
<para>
The RIAA wanted Jesse to admit to doing something wrong. He
refused. They wanted him to agree to an injunction that would
enter a Web page, and see all of its copies going back to 1996, as
well as when those pages changed.
</para>
+<indexterm id='idxorwellgeorge' class='startofrange'>
+ <primary>Orwell, George</primary>
+</indexterm>
<para>
This is the thing about the Internet that Orwell would have
appreciated. In the dystopia described in <citetitle>1984</citetitle>, old newspapers were
but the content could easily be different. The Internet is Orwell's
library—constantly updated, without any reliable memory.
</para>
+<indexterm startref='idxorwellgeorge' class='endofrange'/>
<para>
Until the Way Back Machine, at least. With the Way Back Machine, and
the Internet Archive underlying it, you can see what the Internet
an ex ante rule. It is imposed by the state.
<indexterm><primary>Madonna</primary></indexterm>
</para>
+<indexterm><primary>norms, regulatory influence of</primary></indexterm>
<para>
Norms are a different kind of constraint. They, too, punish an
individual for violating a rule. But the punishment of a norm is
</indexterm>
<indexterm><primary>architecture, constraint effected through</primary></indexterm>
<indexterm><primary>market constraints</primary></indexterm>
+<indexterm><primary>norms, regulatory influence of</primary></indexterm>
<para>
So, for example, consider the <quote>freedom</quote> to drive a car at a high
speed. That freedom is in part restricted by laws: speed limits that
<title>Copyright's regulation before the Internet.</title>
<graphic fileref="images/1331.png"></graphic>
</figure>
+<indexterm><primary>market constraints</primary></indexterm>
+<indexterm><primary>norms, regulatory influence of</primary></indexterm>
<para>
<!-- PAGE BREAK 136 -->
There is balance between law, norms, market, and architecture. The law
of our society (before the Internet, at least) had no problem with
this form of infringement.
</para>
-<indexterm><primary>market constraints</primary></indexterm>
<para>
Enter the Internet, or, more precisely, technologies such as MP3s and
p2p sharing. Now the constraint of architecture changes dramatically,
of control in the name of property still resonate; the uncritical
rejection of <quote>piracy</quote> still has play.
</para>
+<indexterm><primary>Armstrong, Edwin Howard</primary></indexterm>
<para>
<!-- PAGE BREAK 193 -->
There will be many consequences of continuing this war. I want to
than the fine for a doctor's negligently butchering a patient?
<indexterm><primary>Worldcom</primary></indexterm>
</para>
+<indexterm><primary>art, underground</primary></indexterm>
<para>
The consequence of this legal uncertainty, tied to these extremely
high penalties, is that an extraordinary amount of creativity will
of users worldwide. According to some estimates, more than eighty
million users worldwide have tuned in to this new form of radio.
</para>
+<indexterm><primary>Armstrong, Edwin Howard</primary></indexterm>
<para>
<!-- PAGE BREAK 205 -->
for this case. Early on, as I said, I set the strategy.
</para>
<indexterm><primary>Rehnquist, William H.</primary></indexterm>
+<indexterm><primary>O'Connor, Sandra Day</primary></indexterm>
<para>
The Supreme Court was divided into two important camps. One camp we
called <quote>the Conservatives.</quote> The other we called <quote>the Rest.</quote> The
power. This was a case about enumerated powers, I said, and whether
those enumerated powers had any limit.
</para>
+<indexterm><primary>O'Connor, Sandra Day</primary></indexterm>
<para>
Justice O'Connor stopped me within one minute of my opening.
The history was bothering her.
into the Copyright Clause.
</para>
</blockquote>
+<indexterm><primary>Olson, Theodore B.</primary></indexterm>
<para>
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
depression gives way to anger. My anger came quickly, but it didn't cure
the depression. This anger was of two sorts.
</para>
+<indexterm><primary>originalism</primary></indexterm>
<para>
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 <citetitle>Lopez</citetitle> didn't