From: Petter Reinholdtsen Date: Thu, 12 Jul 2012 22:04:45 +0000 (+0200) Subject: Clean up XML. X-Git-Tag: edition-2015-10-10~2522 X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/commitdiff_plain/fdefe0cab25240a619fcabf5aba598c5aa44da55?ds=sidebyside Clean up XML. --- diff --git a/freeculture.xml b/freeculture.xml index a991668..cd90d18 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -2654,8 +2654,7 @@ the Arts, More Than One in a Blue Moon (2000). There are plenty of ways for the RIAA to affect and direct policy. So where is the morality in taking money from a - student -for running a search engine? +student for running a search engine? Douglas Lichtman makes a related point in "KaZaA and Punishment," Wall Street Journal, 10 September 2003, A24. @@ -2672,8 +2671,7 @@ activist: I was definitely not an activist [before]. I never really meant to be an activist. . . . [But] I've been pushed into this. In no way did I ever foresee anything like this, but I think it's just completely - absurd -what the RIAA has done. +absurd what the RIAA has done. @@ -2688,7 +2686,6 @@ wrong message. And he wants to correct the record." CHAPTER FOUR: "Pirates" - If "piracy" means using the creative property of others without their permission—if "if value, then right" is true—then the history of the content industry is a history of piracy. Every important sector of @@ -2702,19 +2699,16 @@ pirates join this generation's country club—until now. The film industry of Hollywood was built by fleeing pirates. I am grateful to Peter DiMauro for pointing me to this extraordinary - history. -See also Siva Vaidhyanathan, Copyrights and Copywrongs, 87–93, +history. See also Siva Vaidhyanathan, Copyrights and Copywrongs, 87–93, which details Edison's "adventures" with copyright and patent. -Creators -and directors migrated from the East Coast to California in the early -twentieth century in part to escape controls that patents granted the -inventor of filmmaking, Thomas Edison. These controls were - exercised -through a monopoly "trust," the Motion Pictures Patents - Company, -and were based on Thomas Edison's creative property—patents. -Edison formed the MPPC to exercise the rights this creative property +Creators and directors migrated from the East Coast to California in +the early twentieth century in part to escape controls that patents +granted the inventor of filmmaking, Thomas Edison. These controls were +exercised through a monopoly "trust," the Motion Pictures Patents +Company, and were based on Thomas Edison's creative +property—patents. Edison formed the MPPC to exercise the rights +this creative property gave him, and the MPPC was serious about the control it demanded. @@ -2732,52 +2726,45 @@ with producers and theater owners using illegal equipment and imported film stock to create their own underground market. -With the country experiencing a tremendous expansion in the -number of nickelodeons, the Patents Company reacted to the - independent -movement by forming a strong-arm subsidiary known -as the General Film Company to block the entry of non-licensed -independents. With coercive tactics that have become legendary, -General Film confiscated unlicensed equipment, discontinued -product supply to theaters which showed unlicensed films, and -effectively monopolized distribution with the acquisition of all -U.S. film exchanges, except for the one owned by the independent -William Fox who defied the Trust even after his license was - revoked. +With the country experiencing a tremendous expansion in the number of +nickelodeons, the Patents Company reacted to the independent movement +by forming a strong-arm subsidiary known as the General Film Company +to block the entry of non-licensed independents. With coercive tactics +that have become legendary, General Film confiscated unlicensed +equipment, discontinued product supply to theaters which showed +unlicensed films, and effectively monopolized distribution with the +acquisition of all U.S. film exchanges, except for the one owned by +the independent William Fox who defied the Trust even after his +license was revoked. J. A. Aberdeen, Hollywood Renegades: The Society of Independent Motion Picture Producers (Cobblestone Entertainment, 2000) and expanded texts posted at "The Edison Movie Monopoly: The Motion Picture Patents Company vs. the Independent Outlaws," available at -link #11. For a - discussion -of the economic motive behind both these limits and the limits -imposed by Victor on phonographs, see Randal C. Picker, "From Edison -to the Broadcast Flag: Mechanisms of Consent and Refusal and the - Propertization -of Copyright" (September 2002), University of Chicago Law -School, James M. Olin Program in Law and Economics, Working Paper -No. 159. - +link #11. For a +discussion of the economic motive behind both these limits and the +limits imposed by Victor on phonographs, see Randal C. Picker, "From +Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and +the Propertization of Copyright" (September 2002), University of +Chicago Law School, James M. Olin Program in Law and Economics, +Working Paper No. 159. The Napsters of those days, the "independents," were companies like -Fox. And no less than today, these independents were vigorously - resisted. -"Shooting was disrupted by machinery stolen, and `accidents' -resulting in loss of negatives, equipment, buildings and sometimes life -and limb frequently occurred." +Fox. And no less than today, these independents were vigorously +resisted. "Shooting was disrupted by machinery stolen, and +`accidents' resulting in loss of negatives, equipment, buildings and +sometimes life and limb frequently occurred." Marc Wanamaker, "The First Studios," The Silents Majority, archived at - link #12. -That led the independents to flee the -East Coast. California was remote enough from Edison's reach that - filmmakers -there could pirate his inventions without fear of the law. And the -leaders of Hollywood filmmaking, Fox most prominently, did just that. +That led the independents to flee the East +Coast. California was remote enough from Edison's reach that +filmmakers there could pirate his inventions without fear of the +law. And the leaders of Hollywood filmmaking, Fox most prominently, +did just that. Of course, California grew quickly, and the effective enforcement @@ -2786,9 +2773,8 @@ patent holder a truly "limited" monopoly (just seventeen years at that time), by the time enough federal marshals appeared, the patents had -expired. A new industry had been born, in part from the piracy of - Edison's -creative property. +expired. A new industry had been born, in part from the piracy of +Edison's creative property. @@ -2836,18 +2822,17 @@ put it, Imagine the injustice of the thing. A composer writes a song or an opera. A publisher buys at great expense the rights to the same and -copyrights it. Along come the phonographic companies and - companies -who cut music rolls and deliberately steal the work of the brain -of the composer and publisher without any regard for [their] rights. +copyrights it. Along come the phonographic companies and companies who +cut music rolls and deliberately steal the work of the brain of the +composer and publisher without any regard for [their] +rights. To Amend and Consolidate the Acts Respecting Copyright: Hearings on S. 6330 and H.R. 19853 Before the ( Joint) Committees on Patents, 59th -Cong. 59, 1st sess. (1906) (statement of Senator Alfred B. Kittredge, of -South Dakota, chairman), reprinted in Legislative History of the -Copyright Act, E. Fulton Brylawski and Abe Goldman, eds. (South - Hackensack, -N.J.: Rothman Reprints, 1976). +Cong. 59, 1st sess. (1906) (statement of Senator Alfred B. Kittredge, +of South Dakota, chairman), reprinted in Legislative History of the +Copyright Act, E. Fulton Brylawski and Abe Goldman, eds. (South +Hackensack, N.J.: Rothman Reprints, 1976). @@ -2857,34 +2842,28 @@ people's works were "sponging upon the toil, the work, the talent, and genius of American composers," To Amend and Consolidate the Acts Respecting Copyright, 223 - (statement -of Nathan Burkan, attorney for the Music Publishers Association). +(statement of Nathan Burkan, attorney for the Music Publishers Association). and the "music publishing industry" was thereby "at the complete mercy of this one pirate." To Amend and Consolidate the Acts Respecting Copyright, 226 - (statement -of Nathan Burkan, attorney for the Music Publishers Association). +(statement of Nathan Burkan, attorney for the Music Publishers Association). As John Philip Sousa put it, in as direct a way as possible, "When they make money out of my pieces, I want a share of it." To Amend and Consolidate the Acts Respecting Copyright, 23 - (statement -of John Philip Sousa, composer). +(statement of John Philip Sousa, composer). -These arguments have familiar echoes in the wars of our day. So, -too, do the arguments on the other side. The innovators who - developed -the player piano argued that "it is perfectly demonstrable that the -introduction of automatic music players has not deprived any - composer -of anything he had before their introduction." Rather, the - machines +These arguments have familiar echoes in the wars of our day. So, too, +do the arguments on the other side. The innovators who developed the +player piano argued that "it is perfectly demonstrable that the +introduction of automatic music players has not deprived any composer +of anything he had before their introduction." Rather, the machines increased the sales of sheet music. To Amend and Consolidate the Acts Respecting Copyright, 283–84