More indexes.

diff --git a/freeculture.xml b/freeculture.xml
index 8e8c2526bfe484616f9fa4a062250a3fdbd3dae8..78620bd91a30c56d0706a628125da3e3c46a4954 100644 (file)
--- a/freeculture.xml
+++ b/freeculture.xml
@@ -1898,16 +1898,16 @@ from reading a book about it. One learns to write by writing and then
 reflecting upon what one has written. One learns to write with images
 by making them and then reflecting upon what one has created.
 </para>
 reflecting upon what one has written. One learns to write with images
 by making them and then reflecting upon what one has created.
 </para>

+<indexterm><primary>Crichton, Michael</primary></indexterm>

 <para>
 <para>

-This grammar has changed as media has changed. When it was just
-film, as Elizabeth Daley, executive director of the University of 
-               Southern
+This grammar has changed as media has changed. When it was just film,
+as Elizabeth Daley, executive director of the University of Southern

 California's Annenberg Center for Communication and dean of the
 
 <!-- PAGE BREAK 50 -->
 USC School of Cinema-Television, explained to me, the grammar was
 California's Annenberg Center for Communication and dean of the
 
 <!-- PAGE BREAK 50 -->
 USC School of Cinema-Television, explained to me, the grammar was

-about "the placement of objects, color, . . . rhythm, pacing, and 
-               texture."<footnote>
+about "the placement of objects, color, . . . rhythm, pacing, and
+texture."<footnote>

 <indexterm><primary>Barish, Stephanie</primary></indexterm>
 <para>
 <!-- f11 -->
 <indexterm><primary>Barish, Stephanie</primary></indexterm>
 <para>
 <!-- f11 -->


@@ -6510,35 +6510,33 @@ Let me explain how.
 <para>
 When the first Congress enacted laws to protect creative property, it
 faced the same uncertainty about the status of creative property that
 <para>
 When the first Congress enacted laws to protect creative property, it
 faced the same uncertainty about the status of creative property that

-the English had confronted in 1774. Many states had passed laws 
-               protecting
-creative property, and some believed that these laws simply
-supplemented common law rights that already protected creative 
-               authorship.<footnote><para>
+the English had confronted in 1774. Many states had passed laws
+protecting creative property, and some believed that these laws simply
+supplemented common law rights that already protected creative
+authorship.<footnote>
+<indexterm><primary>Crosskey, William W.</primary></indexterm>
+<para>

 <!-- f8 -->
 <!-- f8 -->

-William W. Crosskey, Politics and the Constitution in the History of the
-United States (London: Cambridge University Press, 1953), vol. 1, 485&ndash;86:
-"extinguish[ing], by plain implication of `the supreme Law of the Land,'
-the perpetual rights which authors had, or were supposed by some to have, under
-the Common Law" (emphasis added).
-</para></footnote>
-This meant that there was no guaranteed public domain in
-the United States in 1790. If copyrights were protected by the 
-               common
-law, then there was no simple way to know whether a work 
-               published
-in the United States was controlled or free. Just as in England,
-this lingering uncertainty would make it hard for publishers to rely
-upon a public domain to reprint and distribute works.
+William W. Crosskey, Politics and the Constitution in the History of
+the United States (London: Cambridge University Press, 1953), vol. 1,
+485&ndash;86: "extinguish[ing], by plain implication of `the supreme
+Law of the Land,' the perpetual rights which authors had, or were
+supposed by some to have, under the Common Law" (emphasis added).
+</para></footnote>
+This meant that there was no guaranteed public domain in the United
+States in 1790. If copyrights were protected by the common law, then
+there was no simple way to know whether a work published in the United
+States was controlled or free. Just as in England, this lingering
+uncertainty would make it hard for publishers to rely upon a public
+domain to reprint and distribute works.

 </para>
 <para>
 That uncertainty ended after Congress passed legislation granting
 </para>
 <para>
 That uncertainty ended after Congress passed legislation granting

-copyrights. Because federal law overrides any contrary state law, federal
-protections for copyrighted works displaced any state law protections.
-Just as in England the Statute of Anne eventually meant that the 
-               copyrights
-for all English works expired, a federal statute meant that any
-state copyrights expired as well.
+copyrights. Because federal law overrides any contrary state law,
+federal protections for copyrighted works displaced any state law
+protections.  Just as in England the Statute of Anne eventually meant
+that the copyrights for all English works expired, a federal statute
+meant that any state copyrights expired as well.

 </para>
 <para>
 In 1790, Congress enacted the first copyright law. It created a
 </para>
 <para>
 In 1790, Congress enacted the first copyright law. It created a


@@ -12942,6 +12940,8 @@ kids who use a computer to share content.
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>
 </para>
 <indexterm><primary>Causby, Thomas Lee</primary></indexterm>
 <indexterm><primary>Causby, Tinie</primary></indexterm>

+<indexterm><primary>Creative Commonts</primary></indexterm>
+<indexterm><primary>Gil, Gilberto</primary></indexterm>

 <para>
 Yet on the other side of the Atlantic, the BBC has just announced
 that it will build a "Creative Archive," from which British citizens can
 <para>
 Yet on the other side of the Atlantic, the BBC has just announced
 that it will build a "Creative Archive," from which British citizens can


@@ -12950,13 +12950,13 @@ download BBC content, and rip, mix, and burn it.<footnote><para>
 24 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #70</ulink>.
 </para></footnote>
 24 August 2003, available at 
 <ulink url="http://free-culture.cc/notes/">link #70</ulink>.
 </para></footnote>

-<indexterm><primary>Gil, Gilberto</primary></indexterm>

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

-<!-- f15. --> "Creative Commons and Brazil," Creative Commons Weblog, 6 August
-2003, available at 
+<!-- f15. -->
+"Creative Commons and Brazil," Creative Commons Weblog, 6 August 2003,
+available at

 <ulink url="http://free-culture.cc/notes/">link #71</ulink>.
 </para></footnote>
 <!-- PAGE BREAK 278 -->
 <ulink url="http://free-culture.cc/notes/">link #71</ulink>.
 </para></footnote>
 <!-- PAGE BREAK 278 -->


@@ -13259,12 +13259,12 @@ paper journals (architecture)&mdash;namely, that it was very hard to control
 access to a paper journal.
 </para>
 <para>
 access to a paper journal.
 </para>
 <para>

-As journals become electronic, however, the publishers are 
-               demanding
-that libraries not give the general public access to the journals. This
-means that the freedoms provided by print journals in public libraries
-begin to disappear. Thus, as with privacy and with software, a changing
-technology and market shrink a freedom taken for granted before.
+As journals become electronic, however, the publishers are demanding
+that libraries not give the general public access to the
+journals. This means that the freedoms provided by print journals in
+public libraries begin to disappear. Thus, as with privacy and with
+software, a changing technology and market shrink a freedom taken for
+granted before.

 </para>
 <para>
 This shrinking freedom has led many to take affirmative steps to
 </para>
 <para>
 This shrinking freedom has led many to take affirmative steps to


@@ -13273,33 +13273,31 @@ restore the freedom that has been lost. The Public Library of Science
 scientific research available to anyone with a Web connection. Authors
 <!-- PAGE BREAK 287 -->
 of scientific work submit that work to the Public Library of Science.
 scientific research available to anyone with a Web connection. Authors
 <!-- PAGE BREAK 287 -->
 of scientific work submit that work to the Public Library of Science.

-That work is then subject to peer review. If accepted, the work is then
-deposited in a public, electronic archive and made permanently 
-               available
-for free. PLoS also sells a print version of its work, but the 
-               copyright
-for the print journal does not inhibit the right of anyone to
-redistribute the work for free.
+That work is then subject to peer review. If accepted, the work is
+then deposited in a public, electronic archive and made permanently
+available for free. PLoS also sells a print version of its work, but
+the copyright for the print journal does not inhibit the right of
+anyone to redistribute the work for free.

 </para>
 <para>
 This is one of many such efforts to restore a freedom taken for
 </para>
 <para>
 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 doubt that this alternative competes with the 
-               traditional
+granted before, but now threatened by changing technology and markets.
+There's no doubt that this alternative competes with the traditional

 publishers and their efforts to make money from the exclusive
 publishers and their efforts to make money from the exclusive

-distribution of content. But competition in our tradition is 
-               presumptively
-a good&mdash;especially when it helps spread knowledge and science.
+distribution of content. But competition in our tradition is
+presumptively a good&mdash;especially when it helps spread knowledge
+and science.

 </para>
 
 </sect2>
 <sect2 id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>
 </para>
 
 </sect2>
 <sect2 id="oneidea">
 <title>Rebuilding Free Culture: One Idea</title>

+<indexterm id="idxcc" class='startofrange'>
+  <primary>Creative Commonts</primary>
+</indexterm>

 <para>
 <para>

-The same strategy could be applied to culture, as a response to the 
-               increasing
-control effected through law and technology.
+The same strategy could be applied to culture, as a response to the
+increasing control effected through law and technology.

 </para>
 <para>
 Enter the Creative Commons. The Creative Commons is a nonprofit
 </para>
 <para>
 Enter the Creative Commons. The Creative Commons is a nonprofit


@@ -13331,90 +13329,77 @@ certain freedoms are given.
 </para>
 <para>
 These freedoms are beyond the freedoms promised by fair use. Their
 </para>
 <para>
 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 license that permits any use, so long as attribution is
-given. She can choose a license that permits only noncommercial use.
-She can choose a license that permits any use so long as the same 
-               freedoms
-are given to other uses ("share and share alike"). Or any use so
-long as no derivative use is made. Or any use at all within developing
-nations. Or any sampling use, so long as full copies are not made. Or
-lastly, any educational use.
-</para>
-<para>
-These choices thus establish a range of freedoms beyond the default
-of copyright law. They also enable freedoms that go beyond traditional
+precise contours depend upon the choices the creator makes. The
+creator can choose a license that permits any use, so long as
+attribution is given. She can choose a license that permits only
+noncommercial use.  She can choose a license that permits any use so
+long as the same freedoms are given to other uses ("share and share
+alike"). Or any use so long as no derivative use is made. Or any use
+at all within developing nations. Or any sampling use, so long as full
+copies are not made. Or lastly, any educational use.
+</para>
+<para>
+These choices thus establish a range of freedoms beyond the default of
+copyright law. They also enable freedoms that go beyond traditional

 fair use. And most importantly, they express these freedoms in a way
 that subsequent users can use and rely upon without the need to hire a
 fair use. And most importantly, they express these freedoms in a way
 that subsequent users can use and rely upon without the need to hire a

-lawyer. Creative Commons thus aims to build a layer of content, 
-               governed
-by a layer of reasonable copyright law, that others can build
-upon. Voluntary choice of individuals and creators will make this 
-               content
-available. And that content will in turn enable us to rebuild a 
-               public
-domain.
-</para>
-<para>
-This is just one project among many within the Creative 
-               Commons.
-And of course, Creative Commons is not the only organization
-pursuing such freedoms. But the point that distinguishes the Creative
-Commons from many is that we are not interested only in talking
-about a public domain or in getting legislators to help build a public
-domain. Our aim is to build a movement of consumers and producers
+lawyer. Creative Commons thus aims to build a layer of content,
+governed by a layer of reasonable copyright law, that others can build
+upon. Voluntary choice of individuals and creators will make this
+content available. And that content will in turn enable us to rebuild
+a public domain.
+</para>
+<para>
+This is just one project among many within the Creative Commons.  And
+of course, Creative Commons is not the only organization pursuing such
+freedoms. But the point that distinguishes the Creative Commons from
+many is that we are not interested only in talking about a public
+domain or in getting legislators to help build a public domain. Our
+aim is to build a movement of consumers and producers

 <!-- PAGE BREAK 289 -->
 of content ("content conducers," as attorney Mia Garlick calls them)
 who help build the public domain and, by their work, demonstrate the
 importance of the public domain to other creativity.
 </para>
 <para>
 <!-- PAGE BREAK 289 -->
 of content ("content conducers," as attorney Mia Garlick calls them)
 who help build the public domain and, by their work, demonstrate the
 importance of the public domain to other creativity.
 </para>
 <para>

-The aim is not to fight the "All Rights Reserved" sorts. The aim is
-to complement them. The problems that the law creates for us as a 
-               culture
-are produced by insane and unintended consequences of laws
-written centuries ago, applied to a technology that only Jefferson could
-have imagined. The rules may well have made sense against a 
-               background
-of technologies from centuries ago, but they do not make sense
-against the background of digital technologies. New rules&mdash;with 
-               different
-freedoms, expressed in ways so that humans without lawyers can
-use them&mdash;are needed. Creative Commons gives people a way 
-               effectively
+The aim is not to fight the "All Rights Reserved" sorts. The aim is to
+complement them. The problems that the law creates for us as a culture
+are produced by insane and unintended consequences of laws written
+centuries ago, applied to a technology that only Jefferson could have
+imagined. The rules may well have made sense against a background of
+technologies from centuries ago, but they do not make sense against
+the background of digital technologies. New rules&mdash;with different
+freedoms, expressed in ways so that humans without lawyers can use
+them&mdash;are needed. Creative Commons gives people a way effectively

 to begin to build those rules.
 </para>
 <para>
 Why would creators participate in giving up total control? Some
 to begin to build those rules.
 </para>
 <para>
 Why would creators participate in giving up total control? Some

-participate to better spread their content. Cory Doctorow, for example,
-is a science fiction author. His first novel, Down and Out in the Magic
-Kingdom, was released on-line and for free, under a Creative 
-               Commons
-license, on the same day that it went on sale in bookstores.
+participate to better spread their content. Cory Doctorow, for
+example, is a science fiction author. His first novel, Down and Out in
+the Magic Kingdom, was released on-line and for free, under a Creative
+Commons license, on the same day that it went on sale in bookstores.

 </para>
 <para>
 Why would a publisher ever agree to this? I suspect his publisher
 </para>
 <para>
 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 Cory's book whether or not it's on the Internet, and (2)
-those who may never hear of Cory's book, if it isn't made available for
-free on the Internet. Some part of (1) will download Cory's book 
-               instead
-of buying it. Call them bad-(1)s. Some part of (2) will download
-Cory's book, like it, and then decide to buy it. Call them (2)-goods.
-If there are more (2)-goods than bad-(1)s, the strategy of releasing
-Cory's book free on-line will probably increase sales of Cory's book.
+reasoned like this: There are two groups of people out there: (1)
+those who will buy Cory's book whether or not it's on the Internet,
+and (2) those who may never hear of Cory's book, if it isn't made
+available for free on the Internet. Some part of (1) will download
+Cory's book instead of buying it. Call them bad-(1)s. Some part of (2)
+will download Cory's book, like it, and then decide to buy it. Call
+them (2)-goods.  If there are more (2)-goods than bad-(1)s, the
+strategy of releasing Cory's book free on-line will probably increase
+sales of Cory's book.

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

-Indeed, the experience of his publisher clearly supports that 
-               conclusion.
-The book's first printing was exhausted months before the
-publisher had expected. This first novel of a science fiction author was
-a total success.
+Indeed, the experience of his publisher clearly supports that
+conclusion.  The book's first printing was exhausted months before the
+publisher had expected. This first novel of a science fiction author
+was a total success.

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

-The idea that free content might increase the value of nonfree 
-               content
+The idea that free content might increase the value of nonfree content

 was confirmed by the experience of another author. Peter Wayner,
 <!-- PAGE BREAK 290 -->
 who wrote a book about the free software movement titled Free for All,
 was confirmed by the experience of another author. Peter Wayner,
 <!-- PAGE BREAK 290 -->
 who wrote a book about the free software movement titled Free for All,


@@ -13425,42 +13410,40 @@ downloads increased, the used book price for his book increased, as
 well.
 </para>
 <para>
 well.
 </para>
 <para>

-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 are others who use Creative Commons licenses for
-other reasons. Many who use the "sampling license" do so because 
-               anything
-else would be hypocritical. The sampling license says that others
-are free, for commercial or noncommercial purposes, to sample content
-from the licensed work; they are just not free to make full copies of the
-licensed work available to others. This is consistent with their own
-art&mdash;they, too, sample from others. Because the legal costs of sampling
-are so high (Walter Leaphart, manager of the rap group Public Enemy,
-which was born sampling the music of others, has stated that he does
-not "allow" Public Enemy to sample anymore, because the legal costs
-are so high<footnote><para>
-<!-- f2. --> Willful Infringement: A Report from the Front Lines of the Real Culture Wars
-(2003), produced by Jed Horovitz, directed by Greg Hittelman, a Fiat 
-               Lucre
-production, available at 
+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 are others who use Creative Commons licenses for
+other reasons. Many who use the "sampling license" do so because
+anything else would be hypocritical. The sampling license says that
+others are free, for commercial or noncommercial purposes, to sample
+content from the licensed work; they are just not free to make full
+copies of the licensed work available to others. This is consistent
+with their own art&mdash;they, too, sample from others. Because the
+legal costs of sampling are so high (Walter Leaphart, manager of the
+rap group Public Enemy, which was born sampling the music of others,
+has stated that he does not "allow" Public Enemy to sample anymore,
+because the legal costs are so high<footnote><para>
+<!-- f2. -->
+
+Willful Infringement: A Report from the Front Lines of the Real
+Culture Wars (2003), produced by Jed Horovitz, directed by Greg
+Hittelman, a Fiat Lucre production, available at

 <ulink url="http://free-culture.cc/notes/">link #72</ulink>.
 </para></footnote>),
 these artists release into the creative environment content
 that others can build upon, so that their form of creativity might grow.
 </para>
 <para>
 <ulink url="http://free-culture.cc/notes/">link #72</ulink>.
 </para></footnote>),
 these artists release into the creative environment content
 that others can build upon, so that their form of creativity might grow.
 </para>
 <para>

-Finally, there are many who mark their content with a Creative
-Commons license just because they want to express to others the 
-               importance
-of balance in this debate. If you just go along with the system
-as it is, you are effectively saying you believe in the "All Rights Reserved"
-model. Good for you, but many do not. Many believe that however 
-               appropriate
-that rule is for Hollywood and freaks, it is not an appropriate
-description of how most creators view the rights associated with their
-content. The Creative Commons license expresses this notion of "Some
-Rights Reserved," and gives many the chance to say it to others.
+Finally, there are many who mark their content with a Creative Commons
+license just because they want to express to others the importance of
+balance in this debate. If you just go along with the system as it is,
+you are effectively saying you believe in the "All Rights Reserved"
+model. Good for you, but many do not. Many believe that however
+appropriate that rule is for Hollywood and freaks, it is not an
+appropriate description of how most creators view the rights
+associated with their content. The Creative Commons license expresses
+this notion of "Some Rights Reserved," and gives many the chance to
+say it to others.

 </para>
 <para>
 In the first six months of the Creative Commons experiment, over
 </para>
 <para>
 In the first six months of the Creative Commons experiment, over


@@ -13481,16 +13464,15 @@ this rebuilding. They will lead to a world in which more than voluntary
 steps are possible.
 </para>
 <para>
 steps are possible.
 </para>
 <para>

-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 project does not compete with copyright; it 
-               complements
-it. Its aim is not to defeat the rights of authors, but to make it
-easier for authors and creators to exercise their rights more flexibly and
-cheaply. That difference, we believe, will enable creativity to spread
-more easily.
+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 project does not compete with copyright; it
+complements it. Its aim is not to defeat the rights of authors, but to
+make it easier for authors and creators to exercise their rights more
+flexibly and cheaply. That difference, we believe, will enable
+creativity to spread more easily.

 </para>
 </para>

+<indexterm startref="idxcc" class='endofrange'/>

 
 <!-- PAGE BREAK 292 -->
 </sect2>
 
 <!-- PAGE BREAK 292 -->
 </sect2>