From: Petter Reinholdtsen Date: Sat, 14 Jul 2012 15:35:21 +0000 (+0200) Subject: More indexes and improve XML formatting. X-Git-Tag: edition-2015-10-10~2491 X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/commitdiff_plain/1ed5a91e2e35fd7ff0715c74a081db9336239df7?ds=sidebyside More indexes and improve XML formatting. --- diff --git a/freeculture.xml b/freeculture.xml index c92301b..5439c3b 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -12093,40 +12093,37 @@ 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 second-class form of property. If a carpenter builds a table, -his rights over the table don't depend upon filing a form with the - government. -He has a property right over the table "naturally," and he can -assert that right against anyone who would steal the table, whether or -not he has informed the government of his ownership of the table. +should be a second-class form of property. If a carpenter builds a +table, his rights over the table don't depend upon filing a form with +the government. He has a property right over the table "naturally," +and he can assert that right against anyone who would steal the table, +whether or not he has informed the government of his ownership of the +table. -This argument is correct, but its implications are misleading. For -the argument in favor of formalities does not depend upon creative -property being second-class property. The argument in favor of - formalities -turns upon the special problems that creative property - presents. -The law of formalities responds to the special physics of creative -property, to assure that it can be efficiently and fairly spread. +This argument is correct, but its implications are misleading. For the +argument in favor of formalities does not depend upon creative +property being second-class property. The argument in favor of +formalities turns upon the special problems that creative property +presents. The law of formalities responds to the special physics of +creative property, to assure that it can be efficiently and fairly +spread. 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 effective. And few would think a car is second-class property just -because you must register the car with the state and tag it with a - license. -In both of those cases, everyone sees that there is an important -reason to secure registration—both because it makes the markets more -efficient and because it better secures the rights of the owner. Without -a registration system for land, landowners would perpetually have to -guard their property. With registration, they can simply point the - police -to a deed. Without a registration system for cars, auto theft would -be much easier. With a registration system, the thief has a high burden -to sell a stolen car. A slight burden is placed on the property owner, but -those burdens produce a much better system of protection for property -generally. +because you have to register a deed with a court if your sale of land +is to be effective. And few would think a car is second-class property +just because you must register the car with the state and tag it with +a license. In both of those cases, everyone sees that there is an +important reason to secure registration—both because it makes +the markets more efficient and because it better secures the rights of +the owner. Without a registration system for land, landowners would +perpetually have to guard their property. With registration, they can +simply point the police to a deed. Without a registration system for +cars, auto theft would be much easier. With a registration system, the +thief has a high burden to sell a stolen car. A slight burden is +placed on the property owner, but those burdens produce a much better +system of protection for property generally. It is similarly special physics that makes formalities important in @@ -12153,15 +12150,13 @@ work would be presumptively controlled. After fourteen years, it would be presumptively uncontrolled. -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 burden on the creative process. If the only way a - library -can offer an Internet exhibit about the New Deal is to hire a -lawyer to clear the rights to every image and sound, then the copyright -system is burdening creativity in a way that has never been seen before -because there are no formalities. +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 burden on the creative process. If the only way a +library can offer an Internet exhibit about the New Deal is to hire a +lawyer to clear the rights to every image and sound, then the +copyright system is burdening creativity in a way that has never been +seen before because there are no formalities. The Eldred Act was designed to respond to exactly this problem. If @@ -12178,10 +12173,10 @@ domain where anyone can copy it, or build archives with it, or create a movie based on it. It should become free if it is not worth $1 to you. -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 $1? Isn't that the real problem with registration? +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 $1? Isn't that the real problem with +registration? It is. The hassle is terrible. The system that exists now is awful. I @@ -12943,67 +12938,56 @@ It might be crazy to argue that we should preserve a tradition that has been part of our tradition for most of our history—free culture. -If this is crazy, then let there be more crazies. Soon. -There are moments of hope in this struggle. And moments that -surprise. When the FCC was considering relaxing ownership rules, -which would thereby further increase the concentration in media - ownership, -an extraordinary bipartisan coalition formed to fight this -change. For perhaps the first time in history, interests as diverse as the -NRA, the ACLU, Moveon.org, William Safire, Ted Turner, and -CodePink Women for Peace organized to oppose this change in FCC -policy. An astonishing 700,000 letters were sent to the FCC, - demanding -more hearings and a different result. +If this is crazy, then let there be more crazies. Soon. There are +moments of hope in this struggle. And moments that surprise. When the +FCC was considering relaxing ownership rules, which would thereby +further increase the concentration in media ownership, an +extraordinary bipartisan coalition formed to fight this change. For +perhaps the first time in history, interests as diverse as the NRA, +the ACLU, Moveon.org, William Safire, Ted Turner, and CodePink Women +for Peace organized to oppose this change in FCC policy. An +astonishing 700,000 letters were sent to the FCC, demanding more +hearings and a different result. -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 that vote revealed just how powerful this movement -had become. There was no substantial support for the FCC's decision, -and there was broad and sustained support for fighting further - concentration -in the media. +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 that vote revealed just how powerful this movement had +become. There was no substantial support for the FCC's decision, and +there was broad and sustained support for fighting further +concentration in the media. 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 rich, or because there are only a handful of big - players. -The poor quality of Big Macs or Quarter Pounders does not mean -that you can't get a good hamburger from somewhere else. +some become very rich, or because there are only a handful of big +players. The poor quality of Big Macs or Quarter Pounders does not +mean that you can't get a good hamburger from somewhere else. -The danger in media concentration comes not from the - concentration, +The danger in media concentration comes not from the concentration, but instead from the feudalism that this concentration, tied to the -change in copyright, produces. It is not just that there are a few - powerful -companies that control an ever expanding slice of the media. It -is that this concentration can call upon an equally bloated range of -rights—property rights of a historically extreme form—that makes -their bigness bad. +change in copyright, produces. It is not just that there are a few +powerful companies that control an ever expanding slice of the +media. It is that this concentration can call upon an equally bloated +range of rights—property rights of a historically extreme +form—that makes their bigness bad. -It is therefore significant that so many would rally to demand - competition -and increased diversity. Still, if the rally is understood as being -about bigness alone, it is not terribly surprising. We Americans have a -long history of fighting "big," wisely or not. That we could be - motivated -to fight "big" again is not something new. +It is therefore significant that so many would rally to demand +competition and increased diversity. Still, if the rally is understood +as being about bigness alone, it is not terribly surprising. We +Americans have a long history of fighting "big," wisely or not. That +we could be motivated to fight "big" again is not something new. -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 "intellectual property." Not because balance is alien -to our tradition; indeed, as I've argued, balance is our tradition. But - because -the muscle to think critically about the scope of anything called -"property" is not well exercised within this tradition anymore. +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 "intellectual property." Not because balance is alien to +our tradition; indeed, as I've argued, balance is our tradition. But +because the muscle to think critically about the scope of anything +called "property" is not well exercised within this tradition anymore. If we were Achilles, this would be our heel. This would be the place @@ -13012,49 +12996,46 @@ of our tragedy. As I write these final words, the news is filled with stories about the RIAA lawsuits against almost three hundred individuals. - John Borland, "RIAA Sues 261 File Swappers," CNET News.com, -September 2003, available at -link #65; Paul R. La Monica, "Music - Industry -Sues Swappers," CNN/Money, 8 September 2003, available at -link #66; Soni Sangha and Phyllis Furman with Robert Gearty, "Sued for a -Song, N.Y.C. 12-Yr-Old Among 261 Cited as Sharers," New York Daily -News, 9 September 2003, 3; Frank Ahrens, "RIAA's Lawsuits Meet - Surprised + +John Borland, "RIAA Sues 261 File Swappers," CNET News.com, September +2003, available at +link #65; Paul +R. La Monica, "Music Industry Sues Swappers," CNN/Money, 8 September +2003, available at +link #66; Soni +Sangha and Phyllis Furman with Robert Gearty, "Sued for a Song, +N.Y.C. 12-Yr-Old Among 261 Cited as Sharers," New York Daily News, 9 +September 2003, 3; Frank Ahrens, "RIAA's Lawsuits Meet Surprised Targets; Single Mother in Calif., 12-Year-Old Girl in N.Y. Among Defendants," Washington Post, 10 September 2003, E1; Katie Dean, -"Schoolgirl Settles with RIAA," Wired News, 10 September 2003, - available -at +"Schoolgirl Settles with RIAA," Wired News, 10 September 2003, +available at link #67. - - Eminem -has just been sued for "sampling" someone else's music. - Jon Wiederhorn, "Eminem Gets Sued . . . by a Little Old Lady," mtv.com, -17 September 2003, available at +Eminem has just been sued for "sampling" someone else's +music. + +Jon Wiederhorn, "Eminem Gets Sued . . . by a Little Old Lady," +mtv.com, 17 September 2003, available at link #68. - The -story about Bob Dylan "stealing" from a Japanese author has just - finished -making the rounds. - Kenji Hall, Associated Press, "Japanese Book May Be Inspiration for - Dylan -Songs," Kansascity.com, 9 July 2003, available at +The story about Bob Dylan "stealing" from a Japanese author has just +finished making the rounds. + +Kenji Hall, Associated Press, "Japanese Book May Be Inspiration for +Dylan Songs," Kansascity.com, 9 July 2003, available at link #69. - An insider from Hollywood—who insists -he must remain anonymous—reports "an amazing conversation with -these studio guys. They've got extraordinary [old] content that they'd -love to use but can't because they can't begin to clear the rights. They've -got scores of kids who could do amazing things with the content, but -it would take scores of lawyers to clean it first." Congressmen are - talking -about deputizing computer viruses to bring down computers thought -to violate the law. Universities are threatening expulsion for kids who -use a computer to share content. +An insider from Hollywood—who insists he must remain +anonymous—reports "an amazing conversation with these studio +guys. They've got extraordinary [old] content that they'd love to use +but can't because they can't begin to clear the rights. They've got +scores of kids who could do amazing things with the content, but it +would take scores of lawyers to clean it first." Congressmen are +talking about deputizing computer viruses to bring down computers +thought to violate the law. Universities are threatening expulsion for +kids who use a computer to share content. Yet on the other side of the Atlantic, the BBC has just announced @@ -13064,10 +13045,11 @@ download BBC content, and rip, mix, and burn it. 24 August 2003, available at link #70. - 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. +Gil, Gilberto +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. "Creative Commons and Brazil," Creative Commons Weblog, 6 August 2003, available at link #71.