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# SOME DESCRIPTIVE TITLE
# Copyright (C) YEAR Free Software Foundation, Inc.
# This file is distributed under the same license as the PACKAGE package.
# FIRST AUTHOR <EMAIL@ADDRESS>, YEAR.
#
#, fuzzy
msgid ""
msgstr ""
"Project-Id-Version: PACKAGE VERSION\n"
"POT-Creation-Date: 2015-11-27 08:36+0100\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"
"Language: \n"
"MIME-Version: 1.0\n"
"Content-Type: text/plain; charset=UTF-8\n"
"Content-Transfer-Encoding: 8bit\n"
#. type: Content of the copy entity
#: freeculture.xml:12
msgid "©"
msgstr ""
#. type: Content of the ndash entity
#: freeculture.xml:13
msgid "–"
msgstr ""
#. type: Content of the mdash entity
#: freeculture.xml:14
msgid "—"
msgstr ""
#. type: Content of the hellip entity
#: freeculture.xml:15
msgid "…"
msgstr ""
#. type: Content of the iuml entity
#: freeculture.xml:16
msgid "ï"
msgstr ""
#. type: Attribute 'lang' of: <book>
#: freeculture.xml:19
msgid "en"
msgstr ""
#. type: Content of: <chapter><title>
#: freeculture.xml:21 cover-text.xml:14
msgid "Free Culture"
msgstr ""
#. type: Content of: <book><bookinfo>
#: freeculture.xml:23
msgid "<abbrev>\"freeculture\"</abbrev>"
msgstr ""
#. type: Content of: <chapter><para>
#: freeculture.xml:25 cover-text.xml:23
msgid ""
"How big media uses technology and the law to lock down culture and control "
"creativity"
msgstr ""
#. type: Content of: <book><bookinfo>
#: freeculture.xml:28
msgid "<pubdate>2015-10-17</pubdate> <edition>1</edition>"
msgstr ""
#. type: Content of: <book><bookinfo><releaseinfo>
#: freeculture.xml:32
msgid "Version 2004-02-10"
msgstr ""
#. type: Content of: <book><bookinfo><authorgroup><author><firstname>
#: freeculture.xml:36
msgid "Lawrence"
msgstr ""
#. type: Content of: <book><bookinfo><authorgroup><author><surname>
#: freeculture.xml:37
msgid "Lessig"
msgstr ""
#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm>
#: freeculture.xml:60
msgid "Intellectual property&mdash;United States."
msgstr ""
#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm>
#: freeculture.xml:63
msgid "Mass media&mdash;United States."
msgstr ""
#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm>
#: freeculture.xml:66
msgid "Technological innovations&mdash;United States."
msgstr ""
#. type: Content of: <book><bookinfo><subjectset><subject><subjectterm>
#: freeculture.xml:69
msgid "Art&mdash;United States."
msgstr ""
#. type: Content of: <book><bookinfo><publisher><address>
#: freeculture.xml:76
#, no-wrap
msgid "<city>Oslo</city>"
msgstr ""
#. type: Content of: <book><bookinfo>
#: freeculture.xml:74
msgid ""
"<publisher> <publishername>Petter Reinholdtsen</publishername> <placeholder "
"type=\"address\" id=\"0\"/> </publisher> <copyright> <year>2004</year> "
"<holder>Lawrence Lessig</holder> </copyright>"
msgstr ""
#. type: Content of: <book><bookinfo><legalnotice><para><inlinemediaobject>
#: freeculture.xml:86
msgid ""
"<imageobject> <imagedata fileref=\"images/cc.png\" contentdepth=\"3em\" "
"width=\"100%\" align=\"center\"/> </imageobject> <imageobject> <imagedata "
"fileref=\"images/cc.svg\" contentdepth=\"3em\" width=\"100%\" "
"align=\"center\"/> </imageobject>"
msgstr ""
#. type: Content of: <book><bookinfo><legalnotice><para><inlinemediaobject><textobject><phrase>
#: freeculture.xml:93
msgid "Creative Commons, Some rights reserved"
msgstr ""
#. type: Content of: <book><bookinfo><legalnotice><para>
#: freeculture.xml:85
msgid "<placeholder type=\"inlinemediaobject\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><colophon><para>
#: freeculture.xml:99 freeculture.xml:15885
msgid ""
"This book is licensed under a Creative Commons license. This license permits "
"non-commercial use of this work, so long as attribution is given. For more "
"information about the license visit <ulink "
"url=\"http://creativecommons.org/licenses/by-nc/1.0/\"/>."
msgstr ""
#. type: Content of: <book><bookinfo><abstract><title>
#: freeculture.xml:107
msgid "About the author"
msgstr ""
#. type: Content of: <book><bookinfo><abstract><para>
#: freeculture.xml:109
msgid ""
"Lawrence Lessig (<ulink "
"url=\"http://www.lessig.org\">http://www.lessig.org</ulink>), professor of "
"law and a Roy L. Furman Professor of Law and Leadership at Harvard Law "
"School, is founder of the Stanford Center for Internet and Society and is "
"chairman of the Creative Commons (<ulink "
"url=\"http://creativecommons.org\">http://creativecommons.org</ulink>). The "
"author of The Future of Ideas (Random House, 2001) and Code: And Other Laws "
"of Cyberspace (Basic Books, 1999), Lessig is a member of the boards of the "
"Public Library of Science, the Electronic Frontier Foundation, and Public "
"Knowledge. He was the winner of the Free Software Foundation's Award for the "
"Advancement of Free Software, twice listed in BusinessWeek's <quote>e.biz "
"25,</quote> and named one of Scientific American's <quote>50 "
"visionaries.</quote> A graduate of the University of Pennsylvania, Cambridge "
"University, and Yale Law School, Lessig clerked for Judge Richard Posner of "
"the U.S. Seventh Circuit Court of Appeals."
msgstr ""
#. testing different ways to tag the cover page
#. type: Content of: <book><bookinfo><mediaobject>
#: freeculture.xml:130
msgid ""
"<imageobject remap=\"lrg\" role=\"front-large\"> <imagedata "
"fileref=\"images/cover-front-72dpi.png\" format=\"PNG\" width=\"444\" /> "
"</imageobject> <imageobject remap=\"s\" role=\"front\"> <imagedata "
"fileref=\"images/cover-front-10dpi.png\" format=\"PNG\" width=\"444\" /> "
"</imageobject> <imageobject remap=\"xs\" role=\"front-small\"> <imagedata "
"fileref=\"images/cover-front-10dpi.png\" format=\"PNG\" width=\"444\" /> "
"</imageobject> <imageobject remap=\"cs\" role=\"thumbnail\"> <imagedata "
"fileref=\"images/cover-front-10dpi.png\" format=\"PNG\" width=\"444\" /> "
"</imageobject>"
msgstr ""
#. LCCN from
#. http://catalog.loc.gov/cgi-bin/Pwebrecon.cgi?v3=1&DB=local&CMD=010a+2003063276&CNT=10+records+per+page
#.
#. type: Content of: <book><bookinfo>
#: freeculture.xml:128
msgid ""
" <placeholder type=\"mediaobject\" id=\"0\"/> <biblioid "
"class=\"isbn\">978-82-690182-0-2</biblioid> <biblioid "
"class=\"libraryofcongress\">2003063276</biblioid> <biblioid "
"class=\"uri\">http://free-culture.cc/</biblioid>"
msgstr ""
#. type: Content of: <book><dedication><title>
#: freeculture.xml:157
msgid "Also by Lawrence Lessig"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
#: freeculture.xml:163
msgid "The USA is lesterland: The nature of congressional corruption (2014)"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
#: freeculture.xml:166
msgid "Republic, lost: How money corrupts Congress - and a plan to stop it (2011)"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
#: freeculture.xml:169
msgid "Remix: Making art and commerce thrive in the hybrid economy (2008)"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
#: freeculture.xml:172
msgid "Code: Version 2.0 (2006)"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
#: freeculture.xml:175
msgid "The Future of Ideas: The Fate of the Commons in a Connected World (2001)"
msgstr ""
#. type: Content of: <book><dedication><itemizedlist><listitem><para>
#: freeculture.xml:178
msgid "Code: And Other Laws of Cyberspace (1999)"
msgstr ""
#. type: Content of: <book><dedication><para>
#: freeculture.xml:191
msgid ""
"To Eric Eldred &mdash; whose work first drew me to this cause, and for whom "
"it continues still."
msgstr ""
#. type: Content of: <book><lot><title>
#: freeculture.xml:201
msgid "List of figures"
msgstr ""
#. type: Content of: <book><preface><title>
#: freeculture.xml:263
msgid "Preface"
msgstr ""
#. type: Content of: <book><preface><indexterm><primary>
#: freeculture.xml:264
msgid "Pogue, David"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
#: freeculture.xml:265 freeculture.xml:6528 freeculture.xml:6659 freeculture.xml:6723
msgid "Code (Lessig)"
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:267
msgid ""
"<emphasis role=\"bold\">At the end</emphasis> of his review of my first "
"book, <citetitle>Code: And Other Laws of Cyberspace</citetitle>, David "
"Pogue, a brilliant writer and author of countless technical and "
"computer-related texts, wrote this:"
msgstr ""
#. type: Content of: <book><preface><blockquote><para><footnote><para>
#: freeculture.xml:278
msgid ""
"David Pogue, <quote>Don't Just Chat, Do Something,</quote> <citetitle>New "
"York Times</citetitle>, 30 January 2000."
msgstr ""
#. type: Content of: <book><preface><blockquote><para>
#: freeculture.xml:274
msgid ""
"Unlike actual law, Internet software has no capacity to punish. It doesn't "
"affect people who aren't online (and only a tiny minority of the world "
"population is). And if you don't like the Internet's system, you can always "
"flip off the modem.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:283
msgid ""
"Pogue was skeptical of the core argument of the book&mdash;that software, or "
"<quote>code,</quote> functioned as a kind of law&mdash;and his review "
"suggested the happy thought that if life in cyberspace got bad, we could "
"always <quote>drizzle, drazzle, druzzle, drome</quote>-like simply flip a "
"switch and be back home. Turn off the modem, unplug the computer, and any "
"troubles that exist in <emphasis>that</emphasis> space wouldn't "
"<quote>affect</quote> us anymore."
msgstr ""
#. PAGE BREAK 12
#. type: Content of: <book><preface><para>
#: freeculture.xml:292
msgid ""
"Pogue might have been right in 1999&mdash;I'm skeptical, but maybe. But "
"even if he was right then, the point is not right now: <citetitle>Free "
"Culture</citetitle> is about the troubles the Internet causes even after the "
"modem is turned off. It is an argument about how the battles that now rage "
"regarding life on-line have fundamentally affected <quote>people who aren't "
"online.</quote> There is no switch that will insulate us from the Internet's "
"effect."
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:303
msgid ""
"But unlike <citetitle>Code</citetitle>, the argument here is not much about "
"the Internet itself. It is instead about the consequence of the Internet to "
"a part of our tradition that is much more fundamental, and, as hard as this "
"is for a geek-wanna-be to admit, much more important."
msgstr ""
#. type: Content of: <book><preface><para><footnote><para>
#: freeculture.xml:315
msgid ""
"Richard M. Stallman, <citetitle>Free Software, Free Societies</citetitle> 57 "
"(Joshua Gay, ed. 2002)."
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:310
msgid ""
"That tradition is the way our culture gets made. As I explain in the pages "
"that follow, we come from a tradition of <quote>free "
"culture</quote>&mdash;not <quote>free</quote> as in <quote>free beer</quote> "
"(to borrow a phrase from the founder of the free software "
"movement<placeholder type=\"footnote\" id=\"0\"/>), but <quote>free</quote> "
"as in <quote>free speech,</quote> <quote>free markets,</quote> <quote>free "
"trade,</quote> <quote>free enterprise,</quote> <quote>free will,</quote> and "
"<quote>free elections.</quote> A free culture supports and protects creators "
"and innovators. It does this directly by granting intellectual property "
"rights. But it does so indirectly by limiting the reach of those rights, to "
"guarantee that follow-on creators and innovators remain <emphasis>as free as "
"possible</emphasis> from the control of the past. A free culture is not a "
"culture without property, just as a free market is not a market in which "
"everything is free. The opposite of a free culture is a <quote>permission "
"culture</quote>&mdash;a culture in which creators get to create only with "
"the permission of the powerful, or of creators from the past."
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:330
msgid ""
"If we understood this change, I believe we would resist it. Not "
"<quote>we</quote> on the Left or <quote>you</quote> on the Right, but we who "
"have no stake in the particular industries of culture that defined the "
"twentieth century. Whether you are on the Left or the Right, if you are in "
"this sense disinterested, then the story I tell here will trouble you. For "
"the changes I describe affect values that both sides of our political "
"culture deem fundamental."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:338 freeculture.xml:993
msgid "power, concentration of"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:339 freeculture.xml:13958
msgid "CodePink Women in Peace"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:340 freeculture.xml:361 freeculture.xml:13959
msgid "Safire, William"
msgstr ""
#. type: Content of: <book><preface><indexterm><primary>
#: freeculture.xml:341
msgid "Stevens, Ted"
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:343
msgid ""
"We saw a glimpse of this bipartisan outrage in the early summer of 2003. As "
"the FCC considered changes in media ownership rules that would relax limits "
"on media concentration, an extraordinary coalition generated more than "
"700,000 letters to the FCC opposing the change. As William Safire described "
"marching <quote>uncomfortably alongside CodePink Women for Peace and the "
"National Rifle Association, between liberal Olympia Snowe and conservative "
"Ted Stevens,</quote> he formulated perhaps most simply just what was at "
"stake: the concentration of power. And as he asked,"
msgstr ""
#. type: Content of: <book><preface><blockquote><para><footnote><para>
#: freeculture.xml:359
msgid ""
"William Safire, <quote>The Great Media Gulp,</quote> <citetitle>New York "
"Times</citetitle>, 22 May 2003. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><preface><blockquote><para>
#: freeculture.xml:355
msgid ""
"Does that sound unconservative? Not to me. The concentration of "
"power&mdash;political, corporate, media, cultural&mdash;should be anathema "
"to conservatives. The diffusion of power through local control, thereby "
"encouraging individual participation, is the essence of federalism and the "
"greatest expression of democracy.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:366
msgid ""
"This idea is an element of the argument of <citetitle>Free "
"Culture</citetitle>, though my focus is not just on the concentration of "
"power produced by concentrations in ownership, but more importantly, if "
"because less visibly, on the concentration of power produced by a radical "
"change in the effective scope of the law. The law is changing; that change "
"is altering the way our culture gets made; that change should worry "
"you&mdash;whether or not you care about the Internet, and whether you're on "
"Safire's left or on his right."
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:377
msgid ""
"<emphasis role=\"strong\">The inspiration</emphasis> for the title and for "
"much of the argument of this book comes from the work of Richard Stallman "
"and the Free Software Foundation. Indeed, as I reread Stallman's own work, "
"especially the essays in <citetitle>Free Software, Free Society</citetitle>, "
"I realize that all of the theoretical insights I develop here are insights "
"Stallman described decades ago. One could thus well argue that this work is "
"<quote>merely</quote> derivative."
msgstr ""
#. PAGE BREAK 14
#. type: Content of: <book><preface><para>
#: freeculture.xml:386
msgid ""
"I accept that criticism, if indeed it is a criticism. The work of a lawyer "
"is always derivative, and I mean to do nothing more in this book than to "
"remind a culture about a tradition that has always been its own. Like "
"Stallman, I defend that tradition on the basis of values. Like Stallman, I "
"believe those are the values of freedom. And like Stallman, I believe those "
"are values of our past that will need to be defended in our future. A free "
"culture has been our past, but it will only be our future if we change the "
"path we are on right now. Like Stallman's arguments for free software, an "
"argument for free culture stumbles on a confusion that is hard to avoid, and "
"even harder to understand. A free culture is not a culture without property; "
"it is not a culture in which artists don't get paid. A culture without "
"property, or in which creators can't get paid, is anarchy, not "
"freedom. Anarchy is not what I advance here."
msgstr ""
#. type: Content of: <book><preface><para>
#: freeculture.xml:404
msgid ""
"Instead, the free culture that I defend in this book is a balance between "
"anarchy and control. A free culture, like a free market, is filled with "
"property. It is filled with rules of property and contract that get enforced "
"by the state. But just as a free market is perverted if its property becomes "
"feudal, so too can a free culture be queered by extremism in the property "
"rights that define it. That is what I fear about our culture today. It is "
"against that extremism that this book is written."
msgstr ""
#. type: Content of: <book><chapter><title>
#: freeculture.xml:419
msgid "Introduction"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:420 freeculture.xml:523 freeculture.xml:982
msgid "Wright brothers"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:422
msgid ""
"<emphasis role=\"strong\">On December 17</emphasis>, 1903, on a windy North "
"Carolina beach for just shy of one hundred seconds, the Wright brothers "
"demonstrated that a heavier-than-air, self-propelled vehicle could fly. The "
"moment was electric and its importance widely understood. Almost "
"immediately, there was an explosion of interest in this newfound technology "
"of manned flight, and a gaggle of innovators began to build upon it."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:429
msgid "air traffic, land ownership vs."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
#: freeculture.xml:430 freeculture.xml:14990
msgid "land ownership, air traffic and"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
#: freeculture.xml:431 freeculture.xml:4697 freeculture.xml:13860 freeculture.xml:14991
msgid "property rights"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><secondary>
#: freeculture.xml:431 freeculture.xml:14991
msgid "air traffic vs."
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:437
msgid ""
"St. George Tucker, <citetitle>Blackstone's Commentaries</citetitle> 3 (South "
"Hackensack, N.J.: Rothman Reprints, 1969), 18."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:433
msgid ""
"At the time the Wright brothers invented the airplane, American law held "
"that a property owner presumptively owned not just the surface of his land, "
"but all the land below, down to the center of the earth, and all the space "
"above, to <quote>an indefinite extent, upwards.</quote><placeholder "
"type=\"footnote\" id=\"0\"/> For many years, scholars had puzzled about how "
"best to interpret the idea that rights in land ran to the heavens. Did that "
"mean that you owned the stars? Could you prosecute geese for their willful "
"and regular trespass?"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:447
msgid ""
"Then came airplanes, and for the first time, this principle of American "
"law&mdash;deep within the foundations of our tradition, and acknowledged by "
"the most important legal thinkers of our past&mdash;mattered. If my land "
"reaches to the heavens, what happens when United flies over my field? Do I "
"have the right to banish it from my property? Am I allowed to enter into an "
"exclusive license with Delta Airlines? Could we set up an auction to decide "
"how much these rights are worth?"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:455 freeculture.xml:468 freeculture.xml:501 freeculture.xml:521 freeculture.xml:707 freeculture.xml:835 freeculture.xml:962 freeculture.xml:980 freeculture.xml:1028 freeculture.xml:9646 freeculture.xml:13275 freeculture.xml:14062
msgid "Causby, Thomas Lee"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:456 freeculture.xml:469 freeculture.xml:502 freeculture.xml:522 freeculture.xml:708 freeculture.xml:836 freeculture.xml:963 freeculture.xml:981 freeculture.xml:1029 freeculture.xml:9647 freeculture.xml:13276 freeculture.xml:14063
msgid "Causby, Tinie"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:458
msgid ""
"In 1945, these questions became a federal case. When North Carolina farmers "
"Thomas Lee and Tinie Causby started losing chickens because of low-flying "
"military aircraft (the terrified chickens apparently flew into the barn "
"walls and died), the Causbys filed a lawsuit saying that the government was "
"trespassing on their land. The airplanes, of course, never touched the "
"surface of the Causbys' land. But if, as Blackstone, Kent, and Coke had "
"said, their land reached to <quote>an indefinite extent, upwards,</quote> "
"then the government was trespassing on their property, and the Causbys "
"wanted it to stop."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:470
msgid "Douglas, William O."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
#: freeculture.xml:471 freeculture.xml:4585 freeculture.xml:5188 freeculture.xml:8959 freeculture.xml:12303 freeculture.xml:12304 freeculture.xml:14374
msgid "Supreme Court, U.S."
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
#: freeculture.xml:471
msgid "on airspace vs. land rights"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:473
msgid ""
"The Supreme Court agreed to hear the Causbys' case. Congress had declared "
"the airways public, but if one's property really extended to the heavens, "
"then Congress's declaration could well have been an unconstitutional "
"<quote>taking</quote> of property without compensation. The Court "
"acknowledged that <quote>it is ancient doctrine that common law ownership of "
"the land extended to the periphery of the universe.</quote> But Justice "
"Douglas had no patience for ancient doctrine. In a single paragraph, "
"hundreds of years of property law were erased. As he wrote for the Court,"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
#: freeculture.xml:493
msgid ""
"United States v. Causby, U.S. 328 (1946): 256, 261. The Court did find that "
"there could be a <quote>taking</quote> if the government's use of its land "
"effectively destroyed the value of the Causbys' land. This example was "
"suggested to me by Keith Aoki's wonderful piece, <quote>(Intellectual) "
"Property and Sovereignty: Notes Toward a Cultural Geography of "
"Authorship,</quote> <citetitle>Stanford Law Review</citetitle> 48 (1996): "
"1293, 1333. See also Paul Goldstein, <citetitle>Real Property</citetitle> "
"(Mineola, N.Y.: Foundation Press, 1984), 1112&ndash;13. <placeholder "
"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
#: freeculture.xml:484
msgid ""
"[The] doctrine has no place in the modern world. The air is a public "
"highway, as Congress has declared. Were that not true, every "
"transcontinental flight would subject the operator to countless trespass "
"suits. Common sense revolts at the idea. To recognize such private claims to "
"the airspace would clog these highways, seriously interfere with their "
"control and development in the public interest, and transfer into private "
"ownership that to which only the public has a just claim.<placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:507
msgid "<quote>Common sense revolts at the idea.</quote>"
msgstr ""
#. PAGE BREAK 18
#. type: Content of: <book><chapter><para>
#: freeculture.xml:511
msgid ""
"This is how the law usually works. Not often this abruptly or impatiently, "
"but eventually, this is how it works. It was Douglas's style not to "
"dither. Other justices would have blathered on for pages to reach the "
"conclusion that Douglas holds in a single line: <quote>Common sense revolts "
"at the idea.</quote> But whether it takes pages or a few words, it is the "
"special genius of a common law system, as ours is, that the law adjusts to "
"the technologies of the time. And as it adjusts, it changes. Ideas that were "
"as solid as rock in one age crumble in another."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:525
msgid ""
"Or at least, this is how things happen when there's no one powerful on the "
"other side of the change. The Causbys were just farmers. And though there "
"were no doubt many like them who were upset by the growing traffic in the "
"air (though one hopes not many chickens flew themselves into walls), the "
"Causbys of the world would find it very hard to unite and stop the idea, and "
"the technology, that the Wright brothers had birthed. The Wright brothers "
"spat airplanes into the technological meme pool; the idea then spread like a "
"virus in a chicken coop; farmers like the Causbys found themselves "
"surrounded by <quote>what seemed reasonable</quote> given the technology "
"that the Wrights had produced. They could stand on their farms, dead "
"chickens in hand, and shake their fists at these newfangled technologies all "
"they wanted. They could call their representatives or even file a "
"lawsuit. But in the end, the force of what seems <quote>obvious</quote> to "
"everyone else&mdash;the power of <quote>common sense</quote>&mdash;would "
"prevail. Their <quote>private interest</quote> would not be allowed to "
"defeat an obvious public gain."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:546 freeculture.xml:9654 freeculture.xml:10361
msgid "Armstrong, Edwin Howard"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:547
msgid "Bell, Alexander Graham"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:548
msgid "Edison, Thomas"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:549
msgid "Faraday, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:550 freeculture.xml:3377 freeculture.xml:4320 freeculture.xml:6878 freeculture.xml:8671 freeculture.xml:10265 freeculture.xml:10313
msgid "radio"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:550 freeculture.xml:6878
msgid "FM spectrum of"
msgstr ""
#. PAGE BREAK 19
#. type: Content of: <book><chapter><para>
#: freeculture.xml:552
msgid ""
"<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 titans Thomas Edison and Alexander Graham "
"Bell. But his work in the area of radio technology was perhaps the most "
"important of any single inventor in the first fifty years of radio. He was "
"better educated than Michael Faraday, who as a bookbinder's apprentice had "
"discovered electric induction in 1831. But he had the same intuition about "
"how the world of radio worked, and on at least three occasions, Armstrong "
"invented profoundly important technologies that advanced our understanding "
"of radio."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:565
msgid ""
"On the day after Christmas, 1933, four patents were issued to Armstrong for "
"his most significant invention&mdash;FM radio. Until then, consumer radio "
"had been amplitude-modulated (AM) radio. The theorists of the day had said "
"that frequency-modulated (FM) radio could never work. They were right about "
"FM radio in a narrow band of spectrum. But Armstrong discovered that "
"frequency-modulated radio in a wide band of spectrum would deliver an "
"astonishing fidelity of sound, with much less transmitter power and static."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:575
msgid ""
"On November 5, 1935, he demonstrated the technology at a meeting of the "
"Institute of Radio Engineers at the Empire State Building in New York "
"City. He tuned his radio dial across a range of AM stations, until the radio "
"locked on a broadcast that he had arranged from seventeen miles away. The "
"radio fell totally silent, as if dead, and then with a clarity no one else "
"in that room had ever heard from an electrical device, it produced the sound "
"of an announcer's voice: <quote>This is amateur station W2AG at Yonkers, New "
"York, operating on frequency modulation at two and a half meters.</quote>"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:586
msgid "The audience was hearing something no one had thought possible:"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
#: freeculture.xml:597
msgid ""
"Lawrence Lessing, <citetitle>Man of High Fidelity: Edwin Howard "
"Armstrong</citetitle> (Philadelphia: J. B. Lipincott Company, 1956), 209."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
#: freeculture.xml:590
msgid ""
"A glass of water was poured before the microphone in Yonkers; it sounded "
"like a glass of water being poured. &hellip; A paper was crumpled and torn; "
"it sounded like paper and not like a crackling forest fire. &hellip; Sousa "
"marches were played from records and a piano solo and guitar number were "
"performed. &hellip; The music was projected with a live-ness rarely if ever "
"heard before from a radio <quote>music box.</quote><placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:602 freeculture.xml:6881 freeculture.xml:14126
msgid "RCA"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:603 freeculture.xml:2486 freeculture.xml:2504 freeculture.xml:2538 freeculture.xml:2540
msgid "media"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:603 freeculture.xml:2540
msgid "ownership concentration in"
msgstr ""
#. PAGE BREAK 20
#. type: Content of: <book><chapter><para>
#: freeculture.xml:605
msgid ""
"As our own common sense tells us, Armstrong had discovered a vastly superior "
"radio technology. But at the time of his invention, Armstrong was working "
"for RCA. RCA was the dominant player in the then dominant AM radio "
"market. By 1935, there were a thousand radio stations across the United "
"States, but the stations in large cities were all owned by a handful of "
"networks."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:613 freeculture.xml:635
msgid "Sarnoff, David"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:615
msgid ""
"RCA's president, David Sarnoff, a friend of Armstrong's, was eager that "
"Armstrong discover a way to remove static from AM radio. So Sarnoff was "
"quite excited when Armstrong told him he had a device that removed static "
"from <quote>radio.</quote> But when Armstrong demonstrated his invention, "
"Sarnoff was not pleased."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
#: freeculture.xml:626
msgid ""
"See <quote>Saints: The Heroes and Geniuses of the Electronic Era,</quote> "
"First Electronic Church of America, at www.webstationone.com/fecha, "
"available at <ulink url=\"http://free-culture.cc/notes/\">link #1</ulink>."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
#: freeculture.xml:623
msgid ""
"I thought Armstrong would invent some kind of a filter to remove static from "
"our AM radio. I didn't think he'd start a revolution&mdash; start up a whole "
"damn new industry to compete with RCA.<placeholder type=\"footnote\" "
"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:634 freeculture.xml:6877
msgid "FM radio"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:637
msgid ""
"Armstrong's invention threatened RCA's AM empire, so the company launched a "
"campaign to smother FM radio. While FM may have been a superior technology, "
"Sarnoff was a superior tactician. As one author described,"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:642
msgid "Lessing, Lawrence"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
#: freeculture.xml:650
msgid "Lessing, 226."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
#: freeculture.xml:645
msgid ""
"The forces for FM, largely engineering, could not overcome the weight of "
"strategy devised by the sales, patent, and legal offices to subdue this "
"threat to corporate position. For FM, if allowed to develop unrestrained, "
"posed &hellip; a complete reordering of radio power &hellip; and the "
"eventual overthrow of the carefully restricted AM system on which RCA had "
"grown to power.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:654
msgid "FCC"
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
#: freeculture.xml:654
msgid "on FM radio"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:656
msgid ""
"RCA at first kept the technology in house, insisting that further tests were "
"needed. When, after two years of testing, Armstrong grew impatient, RCA "
"began to use its power with the government to stall FM radio's deployment "
"generally. In 1936, RCA hired the former head of the FCC and assigned him "
"the task of assuring that the FCC assign spectrum in a way that would "
"castrate FM&mdash;principally by moving FM radio to a different band of "
"spectrum. At first, these efforts failed. But when Armstrong and the nation "
"were distracted by World War II, RCA's work began to be more "
"successful. Soon after the war ended, the FCC announced a set of policies "
"that would have one clear effect: FM radio would be crippled. As Lawrence "
"Lessing described it,"
msgstr ""
#. type: Content of: <book><chapter><blockquote><para><footnote><para>
#: freeculture.xml:675
msgid "Lessing, 256."
msgstr ""
#. type: Content of: <book><chapter><blockquote><para>
#: freeculture.xml:671
msgid ""
"The series of body blows that FM radio received right after the war, in a "
"series of rulings manipulated through the FCC by the big radio interests, "
"were almost incredible in their force and deviousness.<placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:680
msgid "AT&amp;T"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:682
msgid ""
"To make room in the spectrum for RCA's latest gamble, television, FM radio "
"users were to be moved to a totally new spectrum band. The power of FM radio "
"stations was also cut, meaning FM could no longer be used to beam programs "
"from one part of the country to another. (This change was strongly "
"supported by AT&amp;T, because the loss of FM relaying stations would mean "
"radio stations would have to buy wired links from AT&amp;T.) The spread of "
"FM radio was thus choked, at least temporarily."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:694
msgid ""
"Armstrong resisted RCA's efforts. In response, RCA resisted Armstrong's "
"patents. After incorporating FM technology into the emerging standard for "
"television, RCA declared the patents invalid&mdash;baselessly, and almost "
"fifteen years after they were issued. It thus refused to pay him "
"royalties. For six years, Armstrong fought an expensive war of litigation to "
"defend the patents. Finally, just as the patents expired, RCA offered a "
"settlement so low that it would not even cover Armstrong's lawyers' "
"fees. Defeated, broken, and now broke, in 1954 Armstrong wrote a short note "
"to his wife and then stepped out of a thirteenth-story window to his death."
msgstr ""
#. PAGE BREAK 22
#. type: Content of: <book><chapter><para>
#: freeculture.xml:710
msgid ""
"This is how the law sometimes works. Not often this tragically, and rarely "
"with heroic drama, but sometimes, this is how it works. From the beginning, "
"government and government agencies have been subject to capture. They are "
"more likely captured when a powerful interest is threatened by either a "
"legal or technical change. That powerful interest too often exerts its "
"influence within the government to get the government to protect it. The "
"rhetoric of this protection is of course always public spirited; the reality "
"is something different. Ideas that were as solid as rock in one age, but "
"that, left to themselves, would crumble in another, are sustained through "
"this subtle corruption of our political process. RCA had what the Causbys "
"did not: the power to stifle the effect of technological change."
msgstr ""
#. type: Content of: <book><chapter><section><section><section><indexterm><primary>
#: freeculture.xml:727 freeculture.xml:1101 freeculture.xml:2319 freeculture.xml:2356 freeculture.xml:2369 freeculture.xml:2453 freeculture.xml:2487 freeculture.xml:2513 freeculture.xml:2764 freeculture.xml:4190 freeculture.xml:6761 freeculture.xml:7624 freeculture.xml:7692 freeculture.xml:7980 freeculture.xml:10264 freeculture.xml:13591 freeculture.xml:14157 freeculture.xml:14158 freeculture.xml:14232 freeculture.xml:14763
msgid "Internet"
msgstr ""
#. type: Content of: <book><chapter><section><indexterm><secondary>
#: freeculture.xml:727 freeculture.xml:4737 freeculture.xml:13591 freeculture.xml:14157
msgid "development of"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:735
msgid ""
"Amanda Lenhart, <quote>The Ever-Shifting Internet Population: A New Look at "
"Internet Access and the Digital Divide,</quote> Pew Internet and American "
"Life Project, 15 April 2003: 6, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #2</ulink>."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:729
msgid ""
"<emphasis role=\"strong\">There's no</emphasis> single inventor of the "
"Internet. Nor is there any good date upon which to mark its birth. Yet in a "
"very short time, the Internet has become part of ordinary American "
"life. According to the Pew Internet and American Life Project, 58 percent of "
"Americans had access to the Internet in 2002, up from 49 percent two years "
"before.<placeholder type=\"footnote\" id=\"0\"/> That number could well "
"exceed two thirds of the nation by the end of 2004."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:744
msgid ""
"As the Internet has been integrated into ordinary life, it has changed "
"things. Some of these changes are technical&mdash;the Internet has made "
"communication faster, it has lowered the cost of gathering data, and so "
"on. These technical changes are not the focus of this book. They are "
"important. They are not well understood. But they are the sort of thing that "
"would simply go away if we all just switched the Internet off. They don't "
"affect people who don't use the Internet, or at least they don't affect them "
"directly. They are the proper subject of a book about the Internet. But this "
"is not a book about the Internet."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:755
msgid ""
"Instead, this book is about an effect of the Internet beyond the Internet "
"itself: an effect upon how culture is made. My claim is that the Internet "
"has induced an important and unrecognized change in that process. That "
"change will radically transform a tradition that is as old as the Republic "
"itself. Most, if they recognized this change, would reject it. Yet most "
"don't even see the change that the Internet has introduced."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:764
msgid "Barlow, Joel"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:765 freeculture.xml:766
msgid "culture"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
#: freeculture.xml:765 freeculture.xml:814 freeculture.xml:1705 freeculture.xml:5295 freeculture.xml:6530 freeculture.xml:14197
msgid "free culture"
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
#: freeculture.xml:766
msgid "commercial vs. noncommercial"
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:767
msgid "Webster, Noah"
msgstr ""
#. PAGE BREAK 23
#. type: Content of: <book><chapter><para>
#: freeculture.xml:769
msgid ""
"We can glimpse a sense of this change by distinguishing between commercial "
"and noncommercial culture, and by mapping the law's regulation of each. By "
"<quote>commercial culture</quote> I mean that part of our culture that is "
"produced and sold or produced to be sold. By <quote>noncommercial "
"culture</quote> I mean all the rest. When old men sat around parks or on "
"street corners telling stories that kids and others consumed, that was "
"noncommercial culture. When Noah Webster published his "
"<quote>Reader,</quote> or Joel Barlow his poetry, that was commercial "
"culture."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:781
msgid ""
"At the beginning of our history, and for just about the whole of our "
"tradition, noncommercial culture was essentially unregulated. Of course, if "
"your stories were lewd, or if your song disturbed the peace, then the law "
"might intervene. But the law was never directly concerned with the creation "
"or spread of this form of culture, and it left this culture "
"<quote>free.</quote> The ordinary ways in which ordinary individuals shared "
"and transformed their culture&mdash;telling stories, reenacting scenes from "
"plays or TV, participating in fan clubs, sharing music, making "
"tapes&mdash;were left alone by the law."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:791 freeculture.xml:2860 freeculture.xml:2861 freeculture.xml:2888 freeculture.xml:2889 freeculture.xml:2890 freeculture.xml:4265 freeculture.xml:7855 freeculture.xml:9715 freeculture.xml:9716 freeculture.xml:9993 freeculture.xml:9994 freeculture.xml:9995 freeculture.xml:10038
msgid "copyright infringement lawsuits"
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
#: freeculture.xml:791
msgid "commercial creativity as primary purpose of"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
#: freeculture.xml:807 freeculture.xml:1946 freeculture.xml:1959
msgid "Brandeis, Louis D."
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:799
msgid ""
"This is not the only purpose of copyright, though it is the overwhelmingly "
"primary purpose of the copyright established in the federal constitution. "
"State copyright law historically protected not just the commercial interest "
"in publication, but also a privacy interest. By granting authors the "
"exclusive right to first publication, state copyright law gave authors the "
"power to control the spread of facts about them. See Samuel D. Warren and "
"Louis D. Brandeis, <quote>The Right to Privacy,</quote> <citetitle>Harvard "
"Law Review</citetitle> 4 (1890): 193, 198&ndash;200. <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:793
msgid ""
"The focus of the law was on commercial creativity. At first slightly, then "
"quite extensively, the law protected the incentives of creators by granting "
"them exclusive rights to their creative work, so that they could sell those "
"exclusive rights in a commercial marketplace.<placeholder type=\"footnote\" "
"id=\"0\"/> This is also, of course, an important part of creativity and "
"culture, and it has become an increasingly important part in America. But in "
"no sense was it dominant within our tradition. It was instead just one part, "
"a controlled part, balanced with the free."
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
#: freeculture.xml:814
msgid "permission culture vs."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:815 freeculture.xml:10109
msgid "permission culture"
msgstr ""
#. type: Content of: <book><chapter><indexterm><secondary>
#: freeculture.xml:815
msgid "free culture vs."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
#: freeculture.xml:821 freeculture.xml:10248
msgid "Litman, Jessica"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:819
msgid ""
"See Jessica Litman, <citetitle>Digital Copyright</citetitle> (New York: "
"Prometheus Books, 2001), ch. 13. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:817
msgid ""
"This rough divide between the free and the controlled has now been "
"erased.<placeholder type=\"footnote\" id=\"0\"/> The Internet has set the "
"stage for this erasure and, pushed by big media, the law has now affected "
"it. For the first time in our tradition, the ordinary ways in which "
"individuals create and share culture fall within the reach of the regulation "
"of the law, which has expanded to draw within its control a vast amount of "
"culture and creativity that it never reached before. The technology that "
"preserved the balance of our history&mdash;between uses of our culture that "
"were free and uses of our culture that were only upon permission&mdash;has "
"been undone. The consequence is that we are less and less a free culture, "
"more and more a permission culture."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:837
msgid "protection of artists vs. business interests"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:839
msgid ""
"This change gets justified as necessary to protect commercial creativity. "
"And indeed, protectionism is precisely its motivation. But the protectionism "
"that justifies the changes that I will describe below is not the limited and "
"balanced sort that has defined the law in the past. This is not a "
"protectionism to protect artists. It is instead a protectionism to protect "
"certain forms of business. Corporations threatened by the potential of the "
"Internet to change the way both commercial and noncommercial culture are "
"made and shared have united to induce lawmakers to use the law to protect "
"them. It is the story of RCA and Armstrong; it is the dream of the Causbys."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:853
msgid ""
"For the Internet has unleashed an extraordinary possibility for many to "
"participate in the process of building and cultivating a culture that "
"reaches far beyond local boundaries. That power has changed the marketplace "
"for making and cultivating culture generally, and that change in turn "
"threatens established content industries. The Internet is thus to the "
"industries that built and distributed content in the twentieth century what "
"FM radio was to AM radio, or what the truck was to the railroad industry of "
"the nineteenth century: the beginning of the end, or at least a substantial "
"transformation. Digital technologies, tied to the Internet, could produce a "
"vastly more competitive and vibrant market for building and cultivating "
"culture; that market could include a much wider and more diverse range of "
"creators; those creators could produce and distribute a much more vibrant "
"range of creativity; and depending upon a few important factors, those "
"creators could earn more on average from this system than creators do "
"today&mdash;all so long as the RCAs of our day don't use the law to protect "
"themselves against this competition."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:872
msgid ""
"Yet, as I argue in the pages that follow, that is precisely what is "
"happening in our culture today. These modern-day equivalents of the early "
"twentieth-century radio or nineteenth-century railroads are using their "
"power to get the law to protect them against this new, more efficient, more "
"vibrant technology for building culture. They are succeeding in their plan "
"to remake the Internet before the Internet remakes them."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:881 freeculture.xml:4404 freeculture.xml:6302 freeculture.xml:7579 freeculture.xml:11231 freeculture.xml:13164
msgid "Valenti, Jack"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:881 freeculture.xml:7579
msgid "on creative property rights"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:891
msgid ""
"Amy Harmon, <quote>Black Hawk Download: Moving Beyond Music, Pirates Use New "
"Tools to Turn the Net into an Illicit Video Club,</quote> <citetitle>New "
"York Times</citetitle>, 17 January 2002."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:883
msgid ""
"It doesn't seem this way to many. The battles over copyright and the "
"Internet seem remote to most. To the few who follow them, they seem mainly "
"about a much simpler brace of questions&mdash;whether <quote>piracy</quote> "
"will be permitted, and whether <quote>property</quote> will be "
"protected. The <quote>war</quote> that has been waged against the "
"technologies of the Internet&mdash;what Motion Picture Association of "
"America (MPAA) president Jack Valenti calls his <quote>own terrorist "
"war</quote><placeholder type=\"footnote\" id=\"0\"/>&mdash;has been framed "
"as a battle about the rule of law and respect for property. To know which "
"side to take in this war, most think that we need only decide whether we're "
"for property or against it."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:900
msgid ""
"If those really were the choices, then I would be with Jack Valenti and the "
"content industry. I, too, am a believer in property, and especially in the "
"importance of what Mr. Valenti nicely calls <quote>creative "
"property.</quote> I believe that <quote>piracy</quote> is wrong, and that "
"the law, properly tuned, should punish <quote>piracy,</quote> whether on or "
"off the Internet."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:908
msgid ""
"But those simple beliefs mask a much more fundamental question and a much "
"more dramatic change. My fear is that unless we come to see this change, the "
"war to rid the world of Internet <quote>pirates</quote> will also rid our "
"culture of values that have been integral to our tradition from the start."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:913 freeculture.xml:6913 freeculture.xml:7026 freeculture.xml:7027 freeculture.xml:7028 freeculture.xml:7077 freeculture.xml:7667 freeculture.xml:8957 freeculture.xml:11257 freeculture.xml:11559 freeculture.xml:12214 freeculture.xml:12375
msgid "Constitution, U.S."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:913 freeculture.xml:6913 freeculture.xml:7667 freeculture.xml:8957
msgid "First Amendment to"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:914 freeculture.xml:1079 freeculture.xml:1187 freeculture.xml:1213 freeculture.xml:1437 freeculture.xml:1558 freeculture.xml:1602 freeculture.xml:1716 freeculture.xml:3127 freeculture.xml:3222 freeculture.xml:4318 freeculture.xml:4319 freeculture.xml:4348 freeculture.xml:4737 freeculture.xml:4738 freeculture.xml:5339 freeculture.xml:6532 freeculture.xml:6980 freeculture.xml:7064 freeculture.xml:7065 freeculture.xml:7250 freeculture.xml:7350 freeculture.xml:7382 freeculture.xml:7412 freeculture.xml:7447 freeculture.xml:7561 freeculture.xml:7562 freeculture.xml:7623 freeculture.xml:7661 freeculture.xml:7761 freeculture.xml:7775 freeculture.xml:7834 freeculture.xml:7835 freeculture.xml:7933 freeculture.xml:9879 freeculture.xml:10237 freeculture.xml:11196 freeculture.xml:11242
msgid "copyright law"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:914 freeculture.xml:7064
msgid "as protection of creators"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:915 freeculture.xml:6914 freeculture.xml:7668 freeculture.xml:8958
msgid "First Amendment"
msgstr ""
#. type: Content of: <book><chapter><section><section><para><footnote><para><indexterm><primary>
#: freeculture.xml:916 freeculture.xml:926 freeculture.xml:15389
msgid "Netanel, Neil Weinstock"
msgstr ""
#. type: Content of: <book><chapter><para><footnote><para>
#: freeculture.xml:924
msgid ""
"Neil W. Netanel, <quote>Copyright and a Democratic Civil Society,</quote> "
"<citetitle>Yale Law Journal</citetitle> 106 (1996): 283. <placeholder "
"type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:918
msgid ""
"These values built a tradition that, for at least the first 180 years of our "
"Republic, guaranteed creators the right to build freely upon their past, and "
"protected creators and innovators from either state or private control. The "
"First Amendment protected creators against state control. And as Professor "
"Neil Netanel powerfully argues,<placeholder type=\"footnote\" id=\"0\"/> "
"copyright law, properly balanced, protected creators against private "
"control. Our tradition was thus neither Soviet nor the tradition of "
"patrons. It instead carved out a wide berth within which creators could "
"cultivate and extend our culture."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:934
msgid ""
"Yet the law's response to the Internet, when tied to changes in the "
"technology of the Internet itself, has massively increased the effective "
"regulation of creativity in America. To build upon or critique the culture "
"around us one must ask, Oliver Twist&ndash;like, for permission first. "
"Permission is, of course, often granted&mdash;but it is not often granted to "
"the critical or the independent. We have built a kind of cultural nobility; "
"those within the noble class live easily; those outside it don't. But it is "
"nobility of any form that is alien to our tradition."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:946
msgid ""
"The story that follows is about this war. It is not about the "
"<quote>centrality of technology</quote> to ordinary life. I don't believe in "
"gods, digital or otherwise. Nor is it an effort to demonize any individual "
"or group, for neither do I believe in a devil, corporate or otherwise. It is "
"not a morality tale. Nor is it a call to jihad against an industry."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:954
msgid ""
"It is instead an effort to understand a hopelessly destructive war inspired "
"by the technologies of the Internet but reaching far beyond its code. And by "
"understanding this battle, it is an effort to map peace. There is no good "
"reason for the current struggle around Internet technologies to "
"continue. There will be great harm to our tradition and culture if it is "
"allowed to continue unchecked. We must come to understand the source of this "
"war. We must resolve it soon."
msgstr ""
#. type: Content of: <book><chapter><indexterm><primary>
#: freeculture.xml:964 freeculture.xml:1151 freeculture.xml:13507 freeculture.xml:13590 freeculture.xml:13760
msgid "intellectual property rights"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:966
msgid ""
"<emphasis role=\"strong\">Like the Causbys'</emphasis> battle, this war is, "
"in part, about <quote>property.</quote> The property of this war is not as "
"tangible as the Causbys', and no innocent chicken has yet to lose its "
"life. Yet the ideas surrounding this <quote>property</quote> are as obvious "
"to most as the Causbys' claim about the sacredness of their farm was to "
"them. We are the Causbys. Most of us take for granted the extraordinarily "
"powerful claims that the owners of <quote>intellectual property</quote> now "
"assert. Most of us, like the Causbys, treat these claims as obvious. And "
"hence we, like the Causbys, object when a new technology interferes with "
"this property. It is as plain to us as it was to them that the new "
"technologies of the Internet are <quote>trespassing</quote> upon legitimate "
"claims of <quote>property.</quote> It is as plain to us as it was to them "
"that the law should intervene to stop this trespass."
msgstr ""
#. PAGE BREAK 27
#. type: Content of: <book><chapter><para>
#: freeculture.xml:984
msgid ""
"And thus, when geeks and technologists defend their Armstrong or Wright "
"brothers technology, most of us are simply unsympathetic. Common sense does "
"not revolt. Unlike in the case of the unlucky Causbys, common sense is on "
"the side of the property owners in this war. Unlike the lucky Wright "
"brothers, the Internet has not inspired a revolution on its side."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:995
msgid ""
"My hope is to push this common sense along. I have become increasingly "
"amazed by the power of this idea of intellectual property and, more "
"importantly, its power to disable critical thought by policy makers and "
"citizens. There has never been a time in our history when more of our "
"<quote>culture</quote> was as <quote>owned</quote> as it is now. And yet "
"there has never been a time when the concentration of power to control the "
"<emphasis>uses</emphasis> of culture has been as unquestioningly accepted as "
"it is now."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1005
msgid ""
"The puzzle is, Why? Is it because we have come to understand a truth about "
"the value and importance of absolute property over ideas and culture? Is it "
"because we have discovered that our tradition of rejecting such an absolute "
"claim was wrong?"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1011
msgid ""
"Or is it because the idea of absolute property over ideas and culture "
"benefits the RCAs of our time and fits our own unreflective intuitions?"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1015
msgid ""
"Is the radical shift away from our tradition of free culture an instance of "
"America correcting a mistake from its past, as we did after a bloody war "
"with slavery, and as we are slowly doing with inequality? Or is the radical "
"shift away from our tradition of free culture yet another example of a "
"political system captured by a few powerful special interests?"
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1022
msgid ""
"Does common sense lead to the extremes on this question because common sense "
"actually believes in these extremes? Or does common sense stand silent in "
"the face of these extremes because, as with Armstrong versus RCA, the more "
"powerful side has ensured that it has the more powerful view?"
msgstr ""
#. PAGE BREAK 28
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1031
msgid ""
"I don't mean to be mysterious. My own views are resolved. I believe it was "
"right for common sense to revolt against the extremism of the Causbys. I "
"believe it would be right for common sense to revolt against the extreme "
"claims made today on behalf of <quote>intellectual property.</quote> What "
"the law demands today is increasingly as silly as a sheriff arresting an "
"airplane for trespass. But the consequences of this silliness will be much "
"more profound."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1042
msgid ""
"<emphasis role=\"strong\">The struggle</emphasis> that rages just now "
"centers on two ideas: <quote>piracy</quote> and <quote>property.</quote> My "
"aim in this book's next two parts is to explore these two ideas."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1047
msgid ""
"My method is not the usual method of an academic. I don't want to plunge you "
"into a complex argument, buttressed with references to obscure French "
"theorists&mdash;however natural that is for the weird sort we academics have "
"become. Instead I begin in each part with a collection of stories that set a "
"context within which these apparently simple ideas can be more fully "
"understood."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1055
msgid ""
"The two sections set up the core claim of this book: that while the Internet "
"has indeed produced something fantastic and new, our government, pushed by "
"big media to respond to this <quote>something new,</quote> is destroying "
"something very old. Rather than understanding the changes the Internet might "
"permit, and rather than taking time to let <quote>common sense</quote> "
"resolve how best to respond, we are allowing those most threatened by the "
"changes to use their power to change the law&mdash;and more importantly, to "
"use their power to change something fundamental about who we have always "
"been."
msgstr ""
#. type: Content of: <book><chapter><para>
#: freeculture.xml:1066
msgid ""
"We allow this, I believe, not because it is right, and not because most of "
"us really believe in these changes. We allow it because the interests most "
"threatened are among the most powerful players in our depressingly "
"compromised process of making law. This book is the story of one more "
"consequence of this form of corruption&mdash;a consequence to which most of "
"us remain oblivious."
msgstr ""
#. type: Content of: <book><part><title>
#: freeculture.xml:1076
msgid "<quote>Piracy</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1079 freeculture.xml:4738
msgid "English"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1080 freeculture.xml:5148
msgid "Mansfield, William Murray, Lord"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1081 freeculture.xml:3165
msgid "music publishing"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1082 freeculture.xml:3219
msgid "sheet music"
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1084
msgid ""
"<emphasis role=\"strong\">Since the inception</emphasis> of the law "
"regulating creative property, there has been a war against "
"<quote>piracy.</quote> The precise contours of this concept, "
"<quote>piracy,</quote> are hard to sketch, but the animating injustice is "
"easy to capture. As Lord Mansfield wrote in a case that extended the reach "
"of English copyright law to include sheet music,"
msgstr ""
#. f1
#. type: Content of: <book><part><partintro><blockquote><para><footnote><para>
#: freeculture.xml:1096
msgid ""
"<citetitle>Bach</citetitle> v. <citetitle>Longman</citetitle>, 98 "
"Eng. Rep. 1274 (1777) (Mansfield)."
msgstr ""
#. type: Content of: <book><part><partintro><blockquote><para>
#: freeculture.xml:1092
msgid ""
"A person may use the copy by playing it, but he has no right to rob the "
"author of the profit, by multiplying copies and disposing of them for his "
"own use.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><secondary>
#: freeculture.xml:1101
msgid "efficient content distribution on"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1102 freeculture.xml:3909 freeculture.xml:4267 freeculture.xml:6253 freeculture.xml:6762 freeculture.xml:11245
msgid "peer-to-peer (p2p) file sharing"
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><secondary>
#: freeculture.xml:1102
msgid "efficiency of"
msgstr ""
#. PAGE BREAK 31
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1104
msgid ""
"Today we are in the middle of another <quote>war</quote> against "
"<quote>piracy.</quote> The Internet has provoked this war. The Internet "
"makes possible the efficient spread of content. Peer-to-peer (p2p) file "
"sharing is among the most efficient of the efficient technologies the "
"Internet enables. Using distributed intelligence, p2p systems facilitate the "
"easy spread of content in a way unimagined a generation ago."
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1113
msgid ""
"This efficiency does not respect the traditional lines of copyright. The "
"network doesn't discriminate between the sharing of copyrighted and "
"uncopyrighted content. Thus has there been a vast amount of sharing of "
"copyrighted content. That sharing in turn has excited the war, as copyright "
"owners fear the sharing will <quote>rob the author of the profit.</quote>"
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1122
msgid ""
"The warriors have turned to the courts, to the legislatures, and "
"increasingly to technology to defend their <quote>property</quote> against "
"this <quote>piracy.</quote> A generation of Americans, the warriors warn, is "
"being raised to believe that <quote>property</quote> should be "
"<quote>free.</quote> Forget tattoos, never mind body piercing&mdash;our kids "
"are becoming <emphasis>thieves</emphasis>!"
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1130
msgid ""
"There's no doubt that <quote>piracy</quote> is wrong, and that pirates "
"should be punished. But before we summon the executioners, we should put "
"this notion of <quote>piracy</quote> in some context. For as the concept is "
"increasingly used, at its core is an extraordinary idea that is almost "
"certainly wrong."
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1136
msgid "The idea goes something like this:"
msgstr ""
#. type: Content of: <book><part><partintro><blockquote><para>
#: freeculture.xml:1140
msgid ""
"Creative work has value; whenever I use, or take, or build upon the creative "
"work of others, I am taking from them something of value. Whenever I take "
"something of value from someone else, I should have their permission. The "
"taking of something of value from someone else without permission is "
"wrong. It is a form of piracy."
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><primary>
#: freeculture.xml:1148
msgid "ASCAP"
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><primary>
#: freeculture.xml:1149
msgid "Dreyfuss, Rochelle"
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><primary>
#: freeculture.xml:1150
msgid "Girl Scouts"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1151 freeculture.xml:1152 freeculture.xml:7031 freeculture.xml:7135 freeculture.xml:7580
msgid "creative property"
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><secondary>
#: freeculture.xml:1152
msgid "<quote>if value, then right</quote> theory of"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1153 freeculture.xml:3017
msgid "<quote>if value, then right</quote> theory"
msgstr ""
#. f2
#. type: Content of: <book><part><partintro><para><footnote><para>
#: freeculture.xml:1159
msgid ""
"See Rochelle Dreyfuss, <quote>Expressive Genericity: Trademarks as Language "
"in the Pepsi Generation,</quote> <citetitle>Notre Dame Law "
"Review</citetitle> 65 (1990): 397."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
#: freeculture.xml:1172 freeculture.xml:7516
msgid "Zittrain, Jonathan"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para>
#: freeculture.xml:1167
msgid ""
"Lisa Bannon, <quote>The Birds May Sing, but Campers Can't Unless They Pay "
"Up,</quote> <citetitle>Wall Street Journal</citetitle>, 21 August 1996, "
"available at <ulink url=\"http://free-culture.cc/notes/\">link #3</ulink>; "
"Jonathan Zittrain, <quote>Calling Off the Copyright War: In Battle of "
"Property vs. Free Speech, No One Wins,</quote> <citetitle>Boston "
"Globe</citetitle>, 24 November 2002. <placeholder type=\"indexterm\" "
"id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1155
msgid ""
"This view runs deep within the current debates. It is what NYU law professor "
"Rochelle Dreyfuss criticizes as the <quote>if value, then right</quote> "
"theory of creative property<placeholder type=\"footnote\" id=\"0\"/> "
"&mdash;if there is value, then someone must have a right to that value. It "
"is the perspective that led a composers' rights organization, ASCAP, to sue "
"the Girl Scouts for failing to pay for the songs that girls sang around Girl "
"Scout campfires.<placeholder type=\"footnote\" id=\"1\"/> There was "
"<quote>value</quote> (the songs) so there must have been a "
"<quote>right</quote>&mdash;even against the Girl Scouts."
msgstr ""
#. PAGE BREAK 32
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1179
msgid ""
"This idea is certainly a possible understanding of how creative property "
"should work. It might well be a possible design for a system of law "
"protecting creative property. But the <quote>if value, then right</quote> "
"theory of creative property has never been America's theory of creative "
"property. It has never taken hold within our law."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:1187 freeculture.xml:7350 freeculture.xml:7447 freeculture.xml:7761
msgid "on republishing vs. transformation of original work"
msgstr ""
#. type: Content of: <book><part><chapter><section><para><indexterm><seealso>
#: freeculture.xml:1188 freeculture.xml:1189 freeculture.xml:1371 freeculture.xml:1529 freeculture.xml:3829
msgid "creativity"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1188 freeculture.xml:3829 freeculture.xml:3830 freeculture.xml:3837 freeculture.xml:9880
msgid "innovation"
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><secondary>
#: freeculture.xml:1189
msgid "legal restrictions on"
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1191
msgid ""
"Instead, in our tradition, intellectual property is an instrument. It sets "
"the groundwork for a richly creative society but remains subservient to the "
"value of creativity. The current debate has this turned around. We have "
"become so concerned with protecting the instrument that we are losing sight "
"of the value."
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1198
msgid ""
"The source of this confusion is a distinction that the law no longer takes "
"care to draw&mdash;the distinction between republishing someone's work on "
"the one hand and building upon or transforming that work on the "
"other. Copyright law at its birth had only publishing as its concern; "
"copyright law today regulates both."
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1206
msgid ""
"Before the technologies of the Internet, this conflation didn't matter all "
"that much. The technologies of publishing were expensive; that meant the "
"vast majority of publishing was commercial. Commercial entities could bear "
"the burden of the law&mdash;even the burden of the Byzantine complexity that "
"copyright law has become. It was just one more expense of doing business."
msgstr ""
#. type: Content of: <book><part><partintro><indexterm><secondary>
#: freeculture.xml:1213
msgid "creativity impeded by"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary>
#: freeculture.xml:1214 freeculture.xml:1245
msgid "Florida, Richard"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para><indexterm><primary>
#: freeculture.xml:1215 freeculture.xml:1246
msgid "Rise of the Creative Class, The (Florida)"
msgstr ""
#. type: Content of: <book><part><partintro><para><footnote><para>
#: freeculture.xml:1237
msgid ""
"In <citetitle>The Rise of the Creative Class</citetitle> (New York: Basic "
"Books, 2002), Richard Florida documents a shift in the nature of labor "
"toward a labor of creativity. His work, however, doesn't directly address "
"the legal conditions under which that creativity is enabled or stifled. I "
"certainly agree with him about the importance and significance of this "
"change, but I also believe the conditions under which it will be enabled are "
"much more tenuous. <placeholder type=\"indexterm\" id=\"0\"/> <placeholder "
"type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1217
msgid ""
"But with the birth of the Internet, this natural limit to the reach of the "
"law has disappeared. The law controls not just the creativity of commercial "
"creators but effectively that of anyone. Although that expansion would not "
"matter much if copyright law regulated only <quote>copying,</quote> when the "
"law regulates as broadly and obscurely as it does, the extension matters a "
"lot. The burden of this law now vastly outweighs any original "
"benefit&mdash;certainly as it affects noncommercial creativity, and "
"increasingly as it affects commercial creativity as well. Thus, as we'll see "
"more clearly in the chapters below, the law's role is less and less to "
"support creativity, and more and more to protect certain industries against "
"competition. Just at the time digital technology could unleash an "
"extraordinary range of commercial and noncommercial creativity, the law "
"burdens this creativity with insanely complex and vague rules and with the "
"threat of obscenely severe penalties. We may be seeing, as Richard Florida "
"writes, the <quote>Rise of the Creative Class.</quote><placeholder "
"type=\"footnote\" id=\"0\"/> Unfortunately, we are also seeing an "
"extraordinary rise of regulation of this creative class."
msgstr ""
#. type: Content of: <book><part><partintro><para>
#: freeculture.xml:1253
msgid ""
"These burdens make no sense in our tradition. We should begin by "
"understanding that tradition a bit more and by placing in their proper "
"context the current battles about behavior labeled <quote>piracy.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><title>
#: freeculture.xml:1261
msgid "Chapter One: Creators"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1262
msgid "animated cartoons"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1263
msgid "cartoon films"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><indexterm><primary>
#: freeculture.xml:1264 freeculture.xml:5343 freeculture.xml:5377 freeculture.xml:6090 freeculture.xml:6134 freeculture.xml:6252
msgid "films"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1264
msgid "animated"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1265
msgid "Steamboat Willie"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1266 freeculture.xml:7541
msgid "Mickey Mouse"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1268
msgid ""
"<emphasis role=\"strong\">In 1928</emphasis>, a cartoon character was "
"born. An early Mickey Mouse made his debut in May of that year, in a silent "
"flop called <citetitle>Plane Crazy</citetitle>. In November, in New York "
"City's Colony Theater, in the first widely distributed cartoon synchronized "
"with sound, <citetitle>Steamboat Willie</citetitle> brought to life the "
"character that would become Mickey Mouse."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1274 freeculture.xml:1492 freeculture.xml:1546 freeculture.xml:1687 freeculture.xml:1933 freeculture.xml:4572 freeculture.xml:6270 freeculture.xml:7540 freeculture.xml:11137 freeculture.xml:11562
msgid "Disney, Walt"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1276
msgid ""
"Synchronized sound had been introduced to film a year earlier in the movie "
"<citetitle>The Jazz Singer</citetitle>. That success led Walt Disney to copy "
"the technique and mix sound with cartoons. No one knew whether it would work "
"or, if it did work, whether it would win an audience. But when Disney ran a "
"test in the summer of 1928, the results were unambiguous. As Disney "
"describes that first experiment,"
msgstr ""
#. PAGE BREAK 35
#. type: Content of: <book><part><chapter><blockquote><para>
#: freeculture.xml:1285
msgid ""
"A couple of my boys could read music, and one of them could play a mouth "
"organ. We put them in a room where they could not see the screen and "
"arranged to pipe their sound into the room where our wives and friends were "
"going to see the picture."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
#: freeculture.xml:1292
msgid ""
"The boys worked from a music and sound-effects score. After several false "
"starts, sound and action got off with the gun. The mouth organist played the "
"tune, the rest of us in the sound department bammed tin pans and blew slide "
"whistles on the beat. The synchronization was pretty close."
msgstr ""
#. f1
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
#: freeculture.xml:1305
msgid ""
"Leonard Maltin, <citetitle>Of Mice and Magic: A History of American Animated "
"Cartoons</citetitle> (New York: Penguin Books, 1987), 34&ndash;35."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
#: freeculture.xml:1299
msgid ""
"The effect on our little audience was nothing less than electric. They "
"responded almost instinctively to this union of sound and motion. I thought "
"they were kidding me. So they put me in the audience and ran the action "
"again. It was terrible, but it was wonderful! And it was something "
"new!<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1310
msgid "Iwerks, Ub"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1312
msgid ""
"Disney's then partner, and one of animation's most extraordinary talents, Ub "
"Iwerks, put it more strongly: <quote>I have never been so thrilled in my "
"life. Nothing since has ever equaled it.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1317
msgid ""
"Disney had created something very new, based upon something relatively "
"new. Synchronized sound brought life to a form of creativity that had "
"rarely&mdash;except in Disney's hands&mdash;been anything more than filler "
"for other films. Throughout animation's early history, it was Disney's "
"invention that set the standard that others struggled to match. And quite "
"often, Disney's great genius, his spark of creativity, was built upon the "
"work of others."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1326 freeculture.xml:1689
msgid "Keaton, Buster"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1327 freeculture.xml:1559 freeculture.xml:1947
msgid "Steamboat Bill, Jr."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1329
msgid ""
"This much is familiar. What you might not know is that 1928 also marks "
"another important transition. In that year, a comic (as opposed to cartoon) "
"genius created his last independently produced silent film. That genius was "
"Buster Keaton. The film was <citetitle>Steamboat Bill, Jr</citetitle>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1335
msgid ""
"Keaton was born into a vaudeville family in 1895. In the era of silent film, "
"he had mastered using broad physical comedy as a way to spark uncontrollable "
"laughter from his audience. <citetitle>Steamboat Bill, Jr</citetitle>. was a "
"classic of this form, famous among film buffs for its incredible stunts. "
"The film was classic Keaton&mdash;wildly popular and among the best of its "
"genre."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1342 freeculture.xml:1500 freeculture.xml:7351 freeculture.xml:7448 freeculture.xml:7626 freeculture.xml:7730 freeculture.xml:7776
msgid "derivative works"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:1342 freeculture.xml:1500 freeculture.xml:7448 freeculture.xml:7626
msgid "piracy vs."
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
#: freeculture.xml:1343 freeculture.xml:1503 freeculture.xml:3016 freeculture.xml:3727 freeculture.xml:7449 freeculture.xml:7627 freeculture.xml:15457
msgid "piracy"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:1343 freeculture.xml:1503 freeculture.xml:7449 freeculture.xml:7627
msgid "derivative work vs."
msgstr ""
#. f2
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1351
msgid ""
"I am grateful to David Gerstein and his careful history, described at <ulink "
"url=\"http://free-culture.cc/notes/\">link #4</ulink>. According to Dave "
"Smith of the Disney Archives, Disney paid royalties to use the music for "
"five songs in <citetitle>Steamboat Willie</citetitle>: <quote>Steamboat "
"Bill,</quote> <quote>The Simpleton</quote> (Delille), <quote>Mischief "
"Makers</quote> (Carbonara), <quote>Joyful Hurry No. 1</quote> (Baron), and "
"<quote>Gawky Rube</quote> (Lakay). A sixth song, <quote>The Turkey in the "
"Straw,</quote> was already in the public domain. Letter from David Smith to "
"Harry Surden, 10 July 2003, on file with author."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1345
msgid ""
"<citetitle>Steamboat Bill, Jr</citetitle>. appeared before Disney's cartoon "
"Steamboat Willie. The coincidence of titles is not coincidental. Steamboat "
"Willie is a direct cartoon parody of Steamboat Bill,<placeholder "
"type=\"footnote\" id=\"0\"/> and both are built upon a common song as a "
"source. It is not just from the invention of synchronized sound in "
"<citetitle>The Jazz Singer</citetitle> that we get <citetitle>Steamboat "
"Willie</citetitle>. It is also from Buster Keaton's invention of Steamboat "
"Bill, Jr., itself inspired by the song <quote>Steamboat Bill,</quote> that "
"we get Steamboat Willie, and then from Steamboat Willie, Mickey Mouse."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1371 freeculture.xml:1529
msgid "by transforming previous works"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1372 freeculture.xml:6313 freeculture.xml:7833
msgid "Disney, Inc."
msgstr ""
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1378
msgid ""
"He was also a fan of the public domain. See Chris Sprigman, <quote>The Mouse "
"that Ate the Public Domain,</quote> Findlaw, 5 March 2002, at <ulink "
"url=\"http://free-culture.cc/notes/\">link #5</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1374
msgid ""
"This <quote>borrowing</quote> was nothing unique, either for Disney or for "
"the industry. Disney was always parroting the feature-length mainstream "
"films of his day.<placeholder type=\"footnote\" id=\"0\"/> So did many "
"others. Early cartoons are filled with knockoffs&mdash;slight variations on "
"winning themes; retellings of ancient stories. The key to success was the "
"brilliance of the differences. With Disney, it was sound that gave his "
"animation its spark. Later, it was the quality of his work relative to the "
"production-line cartoons with which he competed. Yet these additions were "
"built upon a base that was borrowed. Disney added to the work of others "
"before him, creating something new out of something just barely old."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1392 freeculture.xml:1688 freeculture.xml:11138
msgid "Grimm fairy tales"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1394
msgid ""
"Sometimes this borrowing was slight. Sometimes it was significant. Think "
"about the fairy tales of the Brothers Grimm. If you're as oblivious as I "
"was, you're likely to think that these tales are happy, sweet stories, "
"appropriate for any child at bedtime. In fact, the Grimm fairy tales are, "
"well, for us, grim. It is a rare and perhaps overly ambitious parent who "
"would dare to read these bloody, moralistic stories to his or her child, at "
"bedtime or anytime."
msgstr ""
#. PAGE BREAK 37
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1403
msgid ""
"Disney took these stories and retold them in a way that carried them into a "
"new age. He animated the stories, with both characters and light. Without "
"removing the elements of fear and danger altogether, he made funny what was "
"dark and injected a genuine emotion of compassion where before there was "
"fear. And not just with the work of the Brothers Grimm. Indeed, the catalog "
"of Disney work drawing upon the work of others is astonishing when set "
"together: <citetitle>Snow White</citetitle> (1937), "
"<citetitle>Fantasia</citetitle> (1940), <citetitle>Pinocchio</citetitle> "
"(1940), <citetitle>Dumbo</citetitle> (1941), <citetitle>Bambi</citetitle> "
"(1942), <citetitle>Song of the South</citetitle> (1946), "
"<citetitle>Cinderella</citetitle> (1950), <citetitle>Alice in "
"Wonderland</citetitle> (1951), <citetitle>Robin Hood</citetitle> (1952), "
"<citetitle>Peter Pan</citetitle> (1953), <citetitle>Lady and the "
"Tramp</citetitle> (1955), <citetitle>Mulan</citetitle> (1998), "
"<citetitle>Sleeping Beauty</citetitle> (1959), <citetitle>101 "
"Dalmatians</citetitle> (1961), <citetitle>The Sword in the Stone</citetitle> "
"(1963), and <citetitle>The Jungle Book</citetitle> (1967)&mdash;not to "
"mention a recent example that we should perhaps quickly forget, "
"<citetitle>Treasure Planet</citetitle> (2003). In all of these cases, Disney "
"(or Disney, Inc.) ripped creativity from the culture around him, mixed that "
"creativity with his own extraordinary talent, and then burned that mix into "
"the soul of his culture. Rip, mix, and burn."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1426
msgid ""
"This is a kind of creativity. It is a creativity that we should remember and "
"celebrate. There are some who would say that there is no creativity except "
"this kind. We don't need to go that far to recognize its importance. We "
"could call this <quote>Disney creativity,</quote> though that would be a bit "
"misleading. It is, more precisely, <quote>Walt Disney "
"creativity</quote>&mdash;a form of expression and genius that builds upon "
"the culture around us and makes it something different."
msgstr ""
#. type: Content of: <book><chapter><section><indexterm><primary>
#: freeculture.xml:1437 freeculture.xml:1438 freeculture.xml:4790 freeculture.xml:4791 freeculture.xml:4857 freeculture.xml:4895 freeculture.xml:4951 freeculture.xml:4997 freeculture.xml:5132 freeculture.xml:5226 freeculture.xml:6729 freeculture.xml:7029 freeculture.xml:7030 freeculture.xml:7033 freeculture.xml:7106 freeculture.xml:7132 freeculture.xml:7172 freeculture.xml:7296 freeculture.xml:7343 freeculture.xml:7380 freeculture.xml:7683 freeculture.xml:7854 freeculture.xml:11195 freeculture.xml:11219 freeculture.xml:11560 freeculture.xml:11561 freeculture.xml:14105 freeculture.xml:14139
msgid "copyright"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1438 freeculture.xml:4790 freeculture.xml:4951 freeculture.xml:7030 freeculture.xml:7033 freeculture.xml:7132 freeculture.xml:11195 freeculture.xml:11561
msgid "duration of"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
#: freeculture.xml:1439 freeculture.xml:1440 freeculture.xml:5227 freeculture.xml:7136 freeculture.xml:7261 freeculture.xml:8148 freeculture.xml:11129 freeculture.xml:13595 freeculture.xml:14391 freeculture.xml:14392
msgid "public domain"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1439
msgid "defined"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1440
msgid "traditional term for conversion to"
msgstr ""
#. f4
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1447
msgid ""
"Until 1976, copyright law granted an author the possibility of two terms: an "
"initial term and a renewal term. I have calculated the "
"<quote>average</quote> term by determining the weighted average of total "
"registrations for any particular year, and the proportion renewing. Thus, if "
"100 copyrights are registered in year 1, and only 15 are renewed, and the "
"renewal term is 28 years, then the average term is 32.2 years. For the "
"renewal data and other relevant data, see the Web site associated with this "
"book, available at <ulink url=\"http://free-culture.cc/notes/\">link "
"#6</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1441
msgid ""
"In 1928, the culture that Disney was free to draw upon was relatively "
"fresh. The public domain in 1928 was not very old and was therefore quite "
"vibrant. The average term of copyright was just around thirty "
"years&mdash;for that minority of creative work that was in fact "
"copyrighted.<placeholder type=\"footnote\" id=\"0\"/> That means that for "
"thirty years, on average, the authors or copyright holders of a creative "
"work had an <quote>exclusive right</quote> to control certain uses of the "
"work. To use this copyrighted work in limited ways required the permission "
"of the copyright owner."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1464
msgid ""
"At the end of a copyright term, a work passes into the public domain. No "
"permission is then needed to draw upon or use that work. No permission and, "
"hence, no lawyers. The public domain is a <quote>lawyer-free zone.</quote> "
"Thus, most of the content from the nineteenth century was free for Disney to "
"use and build upon in 1928. It was free for anyone&mdash; whether connected "
"or not, whether rich or not, whether approved or not&mdash;to use and build "
"upon."
msgstr ""
#. PAGE BREAK 38
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1475
msgid ""
"This is the ways things always were&mdash;until quite recently. For most of "
"our history, the public domain was just over the horizon. From until 1978, "
"the average copyright term was never more than thirty-two years, meaning "
"that most culture just a generation and a half old was free for anyone to "
"build upon without the permission of anyone else. Today's equivalent would "
"be for creative work from the 1960s and 1970s to now be free for the next "
"Walt Disney to build upon without permission. Yet today, the public domain "
"is presumptive only for content from before the Great Depression."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1494
msgid ""
"<emphasis role=\"strong\">Of course</emphasis>, Walt Disney had no monopoly "
"on <quote>Walt Disney creativity.</quote> Nor does America. The norm of free "
"culture has, until recently, and except within totalitarian nations, been "
"broadly exploited and quite universal."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1499 freeculture.xml:1603 freeculture.xml:1717
msgid "comics, Japanese"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1501 freeculture.xml:1719
msgid "Japanese comics"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1502 freeculture.xml:1720
msgid "manga"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1505
msgid ""
"Consider, for example, a form of creativity that seems strange to many "
"Americans but that is inescapable within Japanese culture: "
"<citetitle>manga</citetitle>, or comics. The Japanese are fanatics about "
"comics. Some 40 percent of publications are comics, and 30 percent of "
"publication revenue derives from comics. They are everywhere in Japanese "
"society, at every magazine stand, carried by a large proportion of commuters "
"on Japan's extraordinary system of public transportation."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1514
msgid ""
"Americans tend to look down upon this form of culture. That's an "
"unattractive characteristic of ours. We're likely to misunderstand much "
"about manga, because few of us have ever read anything close to the stories "
"that these <quote>graphic novels</quote> tell. For the Japanese, manga cover "
"every aspect of social life. For us, comics are <quote>men in "
"tights.</quote> And anyway, it's not as if the New York subways are filled "
"with readers of Joyce or even Hemingway. People of different cultures "
"distract themselves in different ways, the Japanese in this interestingly "
"different way."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1525
msgid ""
"But my purpose here is not to understand manga. It is to describe a variant "
"on manga that from a lawyer's perspective is quite odd, but from a Disney "
"perspective is quite familiar."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1530 freeculture.xml:1718
msgid "doujinshi comics"
msgstr ""
#. PAGE BREAK 39
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1532
msgid ""
"This is the phenomenon of <citetitle>doujinshi</citetitle>. Doujinshi are "
"also comics, but they are a kind of copycat comic. A rich ethic governs the "
"creation of doujinshi. It is not doujinshi if it is "
"<emphasis>just</emphasis> a copy; the artist must make a contribution to the "
"art he copies, by transforming it either subtly or significantly. A "
"doujinshi comic can thus take a mainstream comic and develop it "
"differently&mdash;with a different story line. Or the comic can keep the "
"character in character but change its look slightly. There is no formula for "
"what makes the doujinshi sufficiently <quote>different.</quote> But they "
"must be different if they are to be considered true doujinshi. Indeed, there "
"are committees that review doujinshi for inclusion within shows and reject "
"any copycat comic that is merely a copy."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1548
msgid ""
"These copycat comics are not a tiny part of the manga market. They are "
"huge. More than 33,000 <quote>circles</quote> of creators from across Japan "
"produce these bits of Walt Disney creativity. More than 450,000 Japanese "
"come together twice a year, in the largest public gathering in the country, "
"to exchange and sell them. This market exists in parallel to the mainstream "
"commercial manga market. In some ways, it obviously competes with that "
"market, but there is no sustained effort by those who control the commercial "
"manga market to shut the doujinshi market down. It flourishes, despite the "
"competition and despite the law."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1558 freeculture.xml:1602 freeculture.xml:1716
msgid "Japanese"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1561
msgid ""
"The most puzzling feature of the doujinshi market, for those trained in the "
"law, at least, is that it is allowed to exist at all. Under Japanese "
"copyright law, which in this respect (on paper) mirrors American copyright "
"law, the doujinshi market is an illegal one. Doujinshi are plainly "
"<quote>derivative works.</quote> There is no general practice by doujinshi "
"artists of securing the permission of the manga creators. Instead, the "
"practice is simply to take and modify the creations of others, as Walt "
"Disney did with <citetitle>Steamboat Bill, Jr</citetitle>. Under both "
"Japanese and American law, that <quote>taking</quote> without the permission "
"of the original copyright owner is illegal. It is an infringement of the "
"original copyright to make a copy or a derivative work without the original "
"copyright owner's permission."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1575
msgid "Winick, Judd"
msgstr ""
#. f5
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1587
msgid ""
"For an excellent history, see Scott McCloud, <citetitle>Reinventing "
"Comics</citetitle> (New York: Perennial, 2000)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1577
msgid ""
"Yet this illegal market exists and indeed flourishes in Japan, and in the "
"view of many, it is precisely because it exists that Japanese manga "
"flourish. As American graphic novelist Judd Winick said to me, <quote>The "
"early days of comics in America are very much like what's going on in Japan "
"now. &hellip; American comics were born out of copying each other. &hellip; "
"That's how [the artists] learn to draw &mdash; by going into comic books and "
"not tracing them, but looking at them and copying them</quote> and building "
"from them.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1592
msgid "Superman comics"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1594
msgid ""
"American comics now are quite different, Winick explains, in part because of "
"the legal difficulty of adapting comics the way doujinshi are "
"allowed. Speaking of Superman, Winick told me, <quote>there are these rules "
"and you have to stick to them.</quote> There are things Superman "
"<quote>cannot</quote> do. <quote>As a creator, it's frustrating having to "
"stick to some parameters which are fifty years old.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1604
msgid "Mehra, Salil"
msgstr ""
#. f6
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1614
msgid ""
"See Salil K. Mehra, <quote>Copyright and Comics in Japan: Does Law Explain "
"Why All the Comics My Kid Watches Are Japanese Imports?</quote> "
"<citetitle>Rutgers Law Review</citetitle> 55 (2002): 155, "
"182. <quote>[T]here might be a collective economic rationality that would "
"lead manga and anime artists to forgo bringing legal actions for "
"infringement. One hypothesis is that all manga artists may be better off "
"collectively if they set aside their individual self-interest and decide not "
"to press their legal rights. This is essentially a prisoner's dilemma "
"solved.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1606
msgid ""
"The norm in Japan mitigates this legal difficulty. Some say it is precisely "
"the benefit accruing to the Japanese manga market that explains the "
"mitigation. Temple University law professor Salil Mehra, for example, "
"hypothesizes that the manga market accepts these technical violations "
"because they spur the manga market to be more wealthy and "
"productive. Everyone would be worse off if doujinshi were banned, so the law "
"does not ban doujinshi.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1628
msgid ""
"The problem with this story, however, as Mehra plainly acknowledges, is that "
"the mechanism producing this laissez faire response is not clear. It may "
"well be that the market as a whole is better off if doujinshi are permitted "
"rather than banned, but that doesn't explain why individual copyright owners "
"don't sue nonetheless. If the law has no general exception for doujinshi, "
"and indeed in some cases individual manga artists have sued doujinshi "
"artists, why is there not a more general pattern of blocking this "
"<quote>free taking</quote> by the doujinshi culture?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1641
msgid ""
"I spent four wonderful months in Japan, and I asked this question as often "
"as I could. Perhaps the best account in the end was offered by a friend from "
"a major Japanese law firm. <quote>We don't have enough lawyers,</quote> he "
"told me one afternoon. There <quote>just aren't enough resources to "
"prosecute cases like this.</quote>"
msgstr ""
#. PAGE BREAK 41
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1648
msgid ""
"This is a theme to which we will return: that regulation by law is a "
"function of both the words on the books and the costs of making those words "
"have effect. For now, focus on the obvious question that is begged: Would "
"Japan be better off with more lawyers? Would manga be richer if doujinshi "
"artists were regularly prosecuted? Would the Japanese gain something "
"important if they could end this practice of uncompensated sharing? Does "
"piracy here hurt the victims of the piracy, or does it help them? Would "
"lawyers fighting this piracy help their clients or hurt them?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1661
msgid "<emphasis role='strong'>Let's pause</emphasis> for a moment."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1664
msgid ""
"If you're like I was a decade ago, or like most people are when they first "
"start thinking about these issues, then just about now you should be puzzled "
"about something you hadn't thought through before."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
#: freeculture.xml:1674 freeculture.xml:3037 freeculture.xml:4803 freeculture.xml:5062 freeculture.xml:7964 freeculture.xml:9102
msgid "Vaidhyanathan, Siva"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1674
msgid ""
"<placeholder type=\"indexterm\" id=\"0\"/> The term <citetitle>intellectual "
"property</citetitle> is of relatively recent origin. See Siva Vaidhyanathan, "
"<citetitle>Copyrights and Copywrongs</citetitle>, 11 (New York: New York "
"University Press, 2001). See also Lawrence Lessig, <citetitle>The Future of "
"Ideas</citetitle> (New York: Random House, 2001), 293 n. 26. The term "
"accurately describes a set of <quote>property</quote> rights &mdash; "
"copyright, patents, trademark, and trade-secret &mdash; but the nature of "
"those rights is very different."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1669
msgid ""
"We live in a world that celebrates <quote>property.</quote> I am one of "
"those celebrants. I believe in the value of property in general, and I also "
"believe in the value of that weird form of property that lawyers call "
"<quote>intellectual property.</quote><placeholder type=\"footnote\" "
"id=\"0\"/> A large, diverse society cannot survive without property; a "
"large, diverse, and modern society cannot flourish without intellectual "
"property."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1691
msgid ""
"But it takes just a second's reflection to realize that there is plenty of "
"value out there that <quote>property</quote> doesn't capture. I don't mean "
"<quote>money can't buy you love,</quote> but rather, value that is plainly "
"part of a process of production, including commercial as well as "
"noncommercial production. If Disney animators had stolen a set of pencils "
"to draw Steamboat Willie, we'd have no hesitation in condemning that taking "
"as wrong&mdash; even though trivial, even if unnoticed. Yet there was "
"nothing wrong, at least under the law of the day, with Disney's taking from "
"Buster Keaton or from the Brothers Grimm. There was nothing wrong with the "
"taking from Keaton because Disney's use would have been considered "
"<quote>fair.</quote> There was nothing wrong with the taking from the Grimms "
"because the Grimms' work was in the public domain."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1705
msgid "derivative works based on"
msgstr ""
#. PAGE BREAK 42
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1707
msgid ""
"Thus, even though the things that Disney took&mdash;or more generally, the "
"things taken by anyone exercising Walt Disney creativity&mdash;are valuable, "
"our tradition does not treat those takings as wrong. Some things remain free "
"for the taking within a free culture, and that freedom is good."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1722
msgid ""
"The same with the doujinshi culture. If a doujinshi artist broke into a "
"publisher's office and ran off with a thousand copies of his latest "
"work&mdash;or even one copy&mdash;without paying, we'd have no hesitation in "
"saying the artist was wrong. In addition to having trespassed, he would have "
"stolen something of value. The law bans that stealing in whatever form, "
"whether large or small."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1731
msgid ""
"Yet there is an obvious reluctance, even among Japanese lawyers, to say that "
"the copycat comic artists are <quote>stealing.</quote> This form of Walt "
"Disney creativity is seen as fair and right, even if lawyers in particular "
"find it hard to say why."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1742 freeculture.xml:4743 freeculture.xml:4875 freeculture.xml:4912 freeculture.xml:5242
msgid "Shakespeare, William"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1744
msgid ""
"It's the same with a thousand examples that appear everywhere once you begin "
"to look. Scientists build upon the work of other scientists without asking "
"or paying for the privilege. (<quote>Excuse me, Professor Einstein, but may "
"I have permission to use your theory of relativity to show that you were "
"wrong about quantum physics?</quote>) Acting companies perform adaptations "
"of the works of Shakespeare without securing permission from anyone. (Does "
"<emphasis>anyone</emphasis> believe Shakespeare would be better spread "
"within our culture if there were a central Shakespeare rights clearinghouse "
"that all productions of Shakespeare must appeal to first?) And Hollywood "
"goes through cycles with a certain kind of movie: five asteroid films in the "
"late 1990s; two volcano disaster films in 1997."
msgstr ""
#. PAGE BREAK 43
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1758
msgid ""
"Creators here and everywhere are always and at all times building upon the "
"creativity that went before and that surrounds them now. That building is "
"always and everywhere at least partially done without permission and without "
"compensating the original creator. No society, free or controlled, has ever "
"demanded that every use be paid for or that permission for Walt Disney "
"creativity must always be sought. Instead, every society has left a certain "
"bit of its culture free for the taking&mdash;free societies more fully than "
"unfree, perhaps, but all societies to some degree."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1770
msgid ""
"The hard question is therefore not <emphasis>whether</emphasis> a culture is "
"free. All cultures are free to some degree. The hard question instead is "
"<quote><emphasis>How</emphasis> free is this culture?</quote> How much, and "
"how broadly, is the culture free for others to take and build upon? Is that "
"freedom limited to party members? To members of the royal family? To the top "
"ten corporations on the New York Stock Exchange? Or is that freedom spread "
"broadly? To artists generally, whether affiliated with the Met or not? To "
"musicians generally, whether white or not? To filmmakers generally, whether "
"affiliated with a studio or not?"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1782
msgid ""
"Free cultures are cultures that leave a great deal open for others to build "
"upon; unfree, or permission, cultures leave much less. Ours was a free "
"culture. It is becoming much less so."
msgstr ""
#. type: Content of: <book><part><chapter><title>
#: freeculture.xml:1791
msgid "Chapter Two: <quote>Mere Copyists</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1792
msgid "Daguerre, Louis"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1793 freeculture.xml:1948 freeculture.xml:2003 freeculture.xml:6840
msgid "camera technology"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1794
msgid "photography"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1796
msgid ""
"<emphasis role='strong'>In 1839</emphasis>, Louis Daguerre invented the "
"first practical technology for producing what we would call "
"<quote>photographs.</quote> Appropriately enough, they were called "
"<quote>daguerreotypes.</quote> The process was complicated and expensive, "
"and the field was thus limited to professionals and a few zealous and "
"wealthy amateurs. (There was even an American Daguerre Association that "
"helped regulate the industry, as do all such associations, by keeping "
"competition down so as to keep prices up.)"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1805
msgid "Talbot, William"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1807
msgid ""
"Yet despite high prices, the demand for daguerreotypes was strong. This "
"pushed inventors to find simpler and cheaper ways to make <quote>automatic "
"pictures.</quote> William Talbot soon discovered a process for making "
"<quote>negatives.</quote> But because the negatives were glass, and had to "
"be kept wet, the process still remained expensive and cumbersome. In the "
"1870s, dry plates were developed, making it easier to separate the taking of "
"a picture from its developing. These were still plates of glass, and thus it "
"was still not a process within reach of most amateurs."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1817
msgid "Eastman, George"
msgstr ""
#. PAGE BREAK 45
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1819
msgid ""
"The technological change that made mass photography possible didn't happen "
"until 1888, and was the creation of a single man. George Eastman, himself an "
"amateur photographer, was frustrated by the technology of photographs made "
"with plates. In a flash of insight (so to speak), Eastman saw that if the "
"film could be made to be flexible, it could be held on a single "
"spindle. That roll could then be sent to a developer, driving the costs of "
"photography down substantially. By lowering the costs, Eastman expected he "
"could dramatically broaden the population of photographers."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1830 freeculture.xml:1985 freeculture.xml:6842 freeculture.xml:9681
msgid "Kodak cameras"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1831
msgid "Kodak Primer, The (Eastman)"
msgstr ""
#. f1
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1838
msgid ""
"Reese V. Jenkins, <citetitle>Images and Enterprise</citetitle> (Baltimore: "
"Johns Hopkins University Press, 1975), 112."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1833
msgid ""
"Eastman developed flexible, emulsion-coated paper film and placed rolls of "
"it in small, simple cameras: the Kodak. The device was marketed on the basis "
"of its simplicity. <quote>You press the button and we do the "
"rest.</quote><placeholder type=\"footnote\" id=\"0\"/> As he described in "
"<citetitle>The Kodak Primer</citetitle>:"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1854 freeculture.xml:1880
msgid "Coe, Brian"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para><footnote><para>
#: freeculture.xml:1854
msgid ""
"<placeholder type=\"indexterm\" id=\"0\"/> Brian Coe, <citetitle>The Birth "
"of Photography</citetitle> (New York: Taplinger Publishing, 1977), 53."
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
#: freeculture.xml:1843
msgid ""
"The principle of the Kodak system is the separation of the work that any "
"person whomsoever can do in making a photograph, from the work that only an "
"expert can do. &hellip; We furnish anybody, man, woman or child, who has "
"sufficient intelligence to point a box straight and press a button, with an "
"instrument which altogether removes from the practice of photography the "
"necessity for exceptional facilities or, in fact, any special knowledge of "
"the art. It can be employed without preliminary study, without a darkroom "
"and without chemicals.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. f3
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1873
msgid "Jenkins, 177."
msgstr ""
#. f4
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1877
msgid "Based on a chart in Jenkins, p. 178."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1862
msgid ""
"For $25, anyone could make pictures. The camera came preloaded with film, "
"and when it had been used, the camera was returned to an Eastman factory, "
"where the film was developed. Over time, of course, the cost of the camera "
"and the ease with which it could be used both improved. Roll film thus "
"became the basis for the explosive growth of popular photography. Eastman's "
"camera first went on sale in 1888; one year later, Kodak was printing more "
"than six thousand negatives a day. From 1888 through 1909, while industrial "
"production was rising by 4.7 percent, photographic equipment and material "
"sales increased by 11 percent.<placeholder type=\"footnote\" id=\"0\"/> "
"Eastman Kodak's sales during the same period experienced an average annual "
"increase of over 17 percent.<placeholder type=\"footnote\" id=\"1\"/>"
msgstr ""
#. f5
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1895
msgid "Coe, 58."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1884
msgid ""
"The real significance of Eastman's invention, however, was not economic. It "
"was social. Professional photography gave individuals a glimpse of places "
"they would never otherwise see. Amateur photography gave them the ability to "
"record their own lives in a way they had never been able to do before. As "
"author Brian Coe notes, <quote>For the first time the snapshot album "
"provided the man on the street with a permanent record of his family and its "
"activities. &hellip; For the first time in history there exists an authentic "
"visual record of the appearance and activities of the common man made "
"without [literary] interpretation or bias.</quote><placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
#: freeculture.xml:1898 freeculture.xml:2004 freeculture.xml:2384 freeculture.xml:2402 freeculture.xml:8845 freeculture.xml:9680 freeculture.xml:15421
msgid "democracy"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1898 freeculture.xml:2004 freeculture.xml:2384
msgid "in technologies of expression"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1899 freeculture.xml:2005 freeculture.xml:2045 freeculture.xml:2386
msgid "expression, technologies of"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1899 freeculture.xml:2005 freeculture.xml:2386
msgid "democratic"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1901
msgid ""
"In this way, the Kodak camera and film were technologies of expression. The "
"pencil or paintbrush was also a technology of expression, of course. But it "
"took years of training before they could be deployed by amateurs in any "
"useful or effective way. With the Kodak, expression was possible much sooner "
"and more simply. The barrier to expression was lowered. Snobs would sneer at "
"its <quote>quality</quote>; professionals would discount it as "
"irrelevant. But watch a child study how best to frame a picture and you get "
"a sense of the experience of creativity that the Kodak enabled. Democratic "
"tools gave ordinary people a way to express themselves more easily than any "
"tools could have before."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:1914
msgid "permissions"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:1914
msgid "photography exempted from"
msgstr ""
#. f6
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1925
msgid ""
"For illustrative cases, see, for example, <citetitle>Pavesich</citetitle> "
"v. <citetitle>N.E. Life Ins. Co</citetitle>., 50 S.E. 68 (Ga. 1905); "
"<citetitle>Foster-Milburn Co</citetitle>. v. <citetitle>Chinn</citetitle>, "
"123090 S.W. 364, 366 (Ky. 1909); <citetitle>Corliss</citetitle> "
"v. <citetitle>Walker</citetitle>, 64 F. 280 (Mass. Dist. Ct. 1894)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1916
msgid ""
"What was required for this technology to flourish? Obviously, Eastman's "
"genius was an important part. But also important was the legal environment "
"within which Eastman's invention grew. For early in the history of "
"photography, there was a series of judicial decisions that could well have "
"changed the course of photography substantially. Courts were asked whether "
"the photographer, amateur or professional, required permission before he "
"could capture and print whatever image he wanted. Their answer was "
"no.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1934 freeculture.xml:9805
msgid "images, ownership of"
msgstr ""
#. PAGE BREAK 47
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1936
msgid ""
"The arguments in favor of requiring permission will sound surprisingly "
"familiar. The photographer was <quote>taking</quote> something from the "
"person or building whose photograph he shot&mdash;pirating something of "
"value. Some even thought he was taking the target's soul. Just as Disney was "
"not free to take the pencils that his animators used to draw Mickey, so, "
"too, should these photographers not be free to take images that they thought "
"valuable."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
#: freeculture.xml:1960
msgid "Warren, Samuel D."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1957
msgid ""
"Samuel D. Warren and Louis D. Brandeis, <quote>The Right to Privacy,</quote> "
"<citetitle>Harvard Law Review</citetitle> 4 (1890): 193. <placeholder "
"type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1950
msgid ""
"On the other side was an argument that should be familiar, as well. Sure, "
"there may be something of value being used. But citizens should have the "
"right to capture at least those images that stand in public view. (Louis "
"Brandeis, who would become a Supreme Court Justice, thought the rule should "
"be different for images from private spaces.<placeholder type=\"footnote\" "
"id=\"0\"/>) It may be that this means that the photographer gets something "
"for nothing. Just as Disney could take inspiration from <citetitle>Steamboat "
"Bill, Jr</citetitle>. or the Brothers Grimm, the photographer should be free "
"to capture an image without compensating the source."
msgstr ""
#. f8
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:1978
msgid ""
"See Melville B. Nimmer, <quote>The Right of Publicity,</quote> "
"<citetitle>Law and Contemporary Problems</citetitle> 19 (1954): 203; William "
"L. Prosser, <quote>Privacy,</quote> <citetitle>California Law "
"Review</citetitle> 48 (1960) 398&ndash;407; <citetitle>White</citetitle> "
"v. <citetitle>Samsung Electronics America, Inc</citetitle>., 971 F. 2d 1395 "
"(9th Cir. 1992), cert. denied, 508 U.S. 951 (1993)."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1968
msgid ""
"Fortunately for Mr. Eastman, and for photography in general, these early "
"decisions went in favor of the pirates. In general, no permission would be "
"required before an image could be captured and shared with others. Instead, "
"permission was presumed. Freedom was the default. (The law would eventually "
"craft an exception for famous people: commercial photographers who snap "
"pictures of famous people for commercial purposes have more restrictions "
"than the rest of us. But in the ordinary case, the image can be captured "
"without clearing the rights to do the capturing.<placeholder "
"type=\"footnote\" id=\"0\"/>)"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:1986 freeculture.xml:3831 freeculture.xml:3853 freeculture.xml:3854 freeculture.xml:3910 freeculture.xml:4266 freeculture.xml:5818 freeculture.xml:10046 freeculture.xml:10960
msgid "Napster"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:1988
msgid ""
"We can only speculate about how photography would have developed had the law "
"gone the other way. If the presumption had been against the photographer, "
"then the photographer would have had to demonstrate permission. Perhaps "
"Eastman Kodak would have had to demonstrate permission, too, before it "
"developed the film upon which images were captured. After all, if permission "
"were not granted, then Eastman Kodak would be benefiting from the "
"<quote>theft</quote> committed by the photographer. Just as Napster "
"benefited from the copyright infringements committed by Napster users, Kodak "
"would be benefiting from the <quote>image-right</quote> infringement of its "
"photographers. We could imagine the law then requiring that some form of "
"permission be demonstrated before a company developed pictures. We could "
"imagine a system developing to demonstrate that permission."
msgstr ""
#. PAGE BREAK 48
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2009
msgid ""
"But though we could imagine this system of permission, it would be very hard "
"to see how photography could have flourished as it did if the requirement "
"for permission had been built into the rules that govern it. Photography "
"would have existed. It would have grown in importance over "
"time. Professionals would have continued to use the technology as they "
"did&mdash;since professionals could have more easily borne the burdens of "
"the permission system. But the spread of photography to ordinary people "
"would not have occurred. Nothing like that growth would have been "
"realized. And certainly, nothing like that growth in a democratic technology "
"of expression would have been realized."
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:2025 freeculture.xml:6841
msgid "digital cameras"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2026
msgid "Just Think!"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2028
msgid ""
"<emphasis role='strong'>If you drive</emphasis> through San Francisco's "
"Presidio, you might see two gaudy yellow school buses painted over with "
"colorful and striking images, and the logo <quote>Just Think!</quote> in "
"place of the name of a school. But there's little that's <quote>just</quote> "
"cerebral in the projects that these busses enable. These buses are filled "
"with technologies that teach kids to tinker with film. Not the film of "
"Eastman. Not even the film of your VCR. Rather the <quote>film</quote> of "
"digital cameras. Just Think! is a project that enables kids to make films, "
"as a way to understand and critique the filmed culture that they find all "
"around them. Each year, these busses travel to more than thirty schools and "
"enable three hundred to five hundred children to learn something about media "
"by doing something with media. By doing, they think. By tinkering, they "
"learn."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2043 freeculture.xml:2844
msgid "education"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:2043
msgid "in media literacy"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2044
msgid "media literacy"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:2045
msgid "media literacy and"
msgstr ""
#. f9
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2053
msgid ""
"H. Edward Goldberg, <quote>Essential Presentation Tools: Hardware and "
"Software You Need to Create Digital Multimedia Presentations,</quote> "
"cadalyst, February 2002, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #7</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2047
msgid ""
"These buses are not cheap, but the technology they carry is increasingly "
"so. The cost of a high-quality digital video system has fallen "
"dramatically. As one analyst puts it, <quote>Five years ago, a good "
"real-time digital video editing system cost $25,000. Today you can get "
"professional quality for $595.</quote><placeholder type=\"footnote\" "
"id=\"0\"/> These buses are filled with technology that would have cost "
"hundreds of thousands just ten years ago. And it is now feasible to imagine "
"not just buses like this, but classrooms across the country where kids are "
"learning more and more of something teachers call <quote>media "
"literacy.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2063
msgid "Yanofsky, Dave"
msgstr ""
#. PAGE BREAK 49
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2066
msgid ""
"<quote>Media literacy,</quote> as Dave Yanofsky, the executive director of "
"Just Think!, puts it, <quote>is the ability &hellip; to understand, analyze, "
"and deconstruct media images. Its aim is to make [kids] literate about the "
"way media works, the way it's constructed, the way it's delivered, and the "
"way people access it.</quote>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2074
msgid ""
"This may seem like an odd way to think about <quote>literacy.</quote> For "
"most people, literacy is about reading and writing. Faulkner and Hemingway "
"and noticing split infinitives are the things that <quote>literate</quote> "
"people know about."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
#: freeculture.xml:2079 freeculture.xml:2633 freeculture.xml:6837 freeculture.xml:7814 freeculture.xml:8924 freeculture.xml:8978
msgid "advertising"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><primary>
#: freeculture.xml:2080 freeculture.xml:6839 freeculture.xml:8925
msgid "commercials"
msgstr ""
#. type: Content of: <book><chapter><section><section><indexterm><primary>
#: freeculture.xml:2081 freeculture.xml:6838 freeculture.xml:8926 freeculture.xml:8960 freeculture.xml:15455
msgid "television"
msgstr ""
#. type: Content of: <book><part><chapter><section><indexterm><secondary>
#: freeculture.xml:2081 freeculture.xml:6838 freeculture.xml:8926
msgid "advertising on"
msgstr ""
#. f10
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2087
msgid ""
"Judith Van Evra, <citetitle>Television and Child Development</citetitle> "
"(Hillsdale, N.J.: Lawrence Erlbaum Associates, 1990); <quote>Findings on "
"Family and TV Study,</quote> <citetitle>Denver Post</citetitle>, 25 May "
"1997, B6."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2083
msgid ""
"Maybe. But in a world where children see on average 390 hours of television "
"commercials per year, or between 20,000 and 45,000 commercials "
"generally,<placeholder type=\"footnote\" id=\"0\"/> it is increasingly "
"important to understand the <quote>grammar</quote> of media. For just as "
"there is a grammar for the written word, so, too, is there one for "
"media. And just as kids learn how to write by writing lots of terrible "
"prose, kids learn how to write media by constructing lots of (at least at "
"first) terrible media."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2098
msgid ""
"A growing field of academics and activists sees this form of literacy as "
"crucial to the next generation of culture. For though anyone who has written "
"understands how difficult writing is&mdash;how difficult it is to sequence "
"the story, to keep a reader's attention, to craft language to be "
"understandable&mdash;few of us have any real sense of how difficult media "
"is. Or more fundamentally, few of us have a sense of how media works, how it "
"holds an audience or leads it through a story, how it triggers emotion or "
"builds suspense."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2109
msgid ""
"It took filmmaking a generation before it could do these things well. But "
"even then, the knowledge was in the filming, not in writing about the "
"film. The skill came from experiencing the making of a film, not 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."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2116 freeculture.xml:2132 freeculture.xml:2238
msgid "Daley, Elizabeth"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2117
msgid "Crichton, Michael"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2131 freeculture.xml:2191 freeculture.xml:2198 freeculture.xml:2271 freeculture.xml:2696
msgid "Barish, Stephanie"
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2129
msgid ""
"Interview with Elizabeth Daley and Stephanie Barish, 13 December 2002. "
"<placeholder type=\"indexterm\" id=\"0\"/> <placeholder type=\"indexterm\" "
"id=\"1\"/>"
msgstr ""
#. f12
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2143
msgid ""
"See Scott Steinberg, <quote>Crichton Gets Medieval on PCs,</quote> E!online, "
"4 November 2000, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #8</ulink>; "
"<quote>Timeline,</quote> 22 November 2000, available at <ulink "
"url=\"http://free-culture.cc/notes/\">link #9</ulink>."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2119
msgid ""
"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 USC School "
"of Cinema-Television, explained to me, the grammar was about <quote>the "
"placement of objects, color, &hellip; rhythm, pacing, and "
"texture.</quote><placeholder type=\"footnote\" id=\"0\"/> But as computers "
"open up an interactive space where a story is <quote>played</quote> as well "
"as experienced, that grammar changes. The simple control of narrative is "
"lost, and so other techniques are necessary. Author Michael Crichton had "
"mastered the narrative of science fiction. But when he tried to design a "
"computer game based on one of his works, it was a new craft he had to "
"learn. How to lead people through a game without their feeling they have "
"been led was not obvious, even to a wildly successful author.<placeholder "
"type=\"footnote\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2150
msgid "computer games"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2152
msgid ""
"This skill is precisely the craft a filmmaker learns. As Daley describes, "
"<quote>people are very surprised about how they are led through a film. [I]t "
"is perfectly constructed to keep you from seeing it, so you have no idea. If "
"a filmmaker succeeds you do not know how you were led.</quote> If you know "
"you were led through a film, the film has failed."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2159
msgid ""
"Yet the push for an expanded literacy&mdash;one that goes beyond text to "
"include audio and visual elements&mdash;is not about making better film "
"directors. The aim is not to improve the profession of filmmaking at all. "
"Instead, as Daley explained,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
#: freeculture.xml:2166
msgid ""
"From my perspective, probably the most important digital divide is not "
"access to a box. It's the ability to be empowered with the language that "
"that box works in. Otherwise only a very few people can write with this "
"language, and all the rest of us are reduced to being read-only."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2174
msgid ""
"<quote>Read-only.</quote> Passive recipients of culture produced elsewhere. "
"Couch potatoes. Consumers. This is the world of media from the twentieth "
"century."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2190
msgid "Interview with Daley and Barish. <placeholder type=\"indexterm\" id=\"0\"/>"
msgstr ""
#. f31
#. type: Content of: <book><part><chapter><section><para><footnote><para>
#: freeculture.xml:2195 freeculture.xml:4103 freeculture.xml:5290 freeculture.xml:8811
msgid "Ibid."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2179
msgid ""
"The twenty-first century could be different. This is the crucial point: It "
"could be both read and write. Or at least reading and better understanding "
"the craft of writing. Or best, reading and understanding the tools that "
"enable the writing to lead or mislead. The aim of any literacy, and this "
"literacy in particular, is to <quote>empower people to choose the "
"appropriate language for what they need to create or "
"express.</quote><placeholder type=\"footnote\" id=\"0\"/> It is to enable "
"students <quote>to communicate in the language of the twenty-first "
"century.</quote><placeholder type=\"footnote\" id=\"1\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2200
msgid ""
"As with any language, this language comes more easily to some than to "
"others. It doesn't necessarily come more easily to those who excel in "
"written language. Daley and Stephanie Barish, director of the Institute for "
"Multimedia Literacy at the Annenberg Center, describe one particularly "
"poignant example of a project they ran in a high school. The high school "
"was a very poor inner-city Los Angeles school. In all the traditional "
"measures of success, this school was a failure. But Daley and Barish ran a "
"program that gave kids an opportunity to use film to express meaning about "
"something the students know something about&mdash;gun violence."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2213
msgid ""
"The class was held on Friday afternoons, and it created a relatively new "
"problem for the school. While the challenge in most classes was getting the "
"kids to come, the challenge in this class was keeping them away. The "
"<quote>kids were showing up at 6 A.M. and leaving at 5 at night,</quote> "
"said Barish. They were working harder than in any other class to do what "
"education should be about&mdash;learning how to express themselves."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2221
msgid ""
"Using whatever <quote>free web stuff they could find,</quote> and relatively "
"simple tools to enable the kids to mix <quote>image, sound, and "
"text,</quote> Barish said this class produced a series of projects that "
"showed something about gun violence that few would otherwise "
"understand. This was an issue close to the lives of these students. The "
"project <quote>gave them a tool and empowered them to be able to both "
"understand it and talk about it,</quote> Barish explained. That tool "
"succeeded in creating expression&mdash;far more successfully and powerfully "
"than could have been created using only text. <quote>If you had said to "
"these students, <quote>you have to do it in text,</quote> they would've just "
"thrown their hands up and gone and done something else,</quote> Barish "
"described, in part, no doubt, because expressing themselves in text is not "
"something these students can do well. Yet neither is text a form in which "
"<emphasis>these</emphasis> ideas can be expressed well. The power of this "
"message depended upon its connection to this form of expression."
msgstr ""
#. PAGE BREAK 52
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2242
msgid ""
"<quote>But isn't education about teaching kids to write?</quote> I asked. In "
"part, of course, it is. But why are we teaching kids to write? Education, "
"Daley explained, is about giving students a way of <quote>constructing "
"meaning.</quote> To say that that means just writing is like saying teaching "
"writing is only about teaching kids how to spell. Text is one part&mdash;and "
"increasingly, not the most powerful part&mdash;of constructing meaning. As "
"Daley explained in the most moving part of our interview,"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
#: freeculture.xml:2253
msgid ""
"What you want is to give these students ways of constructing meaning. If all "
"you give them is text, they're not going to do it. Because they can't. You "
"know, you've got Johnny who can look at a video, he can play a video game, "
"he can do graffiti all over your walls, he can take your car apart, and he "
"can do all sorts of other things. He just can't read your text. So Johnny "
"comes to school and you say, <quote>Johnny, you're illiterate. Nothing you "
"can do matters.</quote> Well, Johnny then has two choices: He can dismiss "
"you or he [can] dismiss himself. If his ego is healthy at all, he's going to "
"dismiss you. [But i]nstead, if you say, <quote>Well, with all these things "
"that you can do, let's talk about this issue. Play for me music that you "
"think reflects that, or show me images that you think reflect that, or draw "
"for me something that reflects that.</quote> Not by giving a kid a video "
"camera and &hellip; saying, <quote>Let's go have fun with the video camera "
"and make a little movie.</quote> But instead, really help you take these "
"elements that you understand, that are your language, and construct meaning "
"about the topic.&hellip;"
msgstr ""
#. type: Content of: <book><part><chapter><blockquote><para>
#: freeculture.xml:2273
msgid ""
"That empowers enormously. And then what happens, of course, is eventually, "
"as it has happened in all these classes, they bump up against the fact, "
"<quote>I need to explain this and I really need to write something.</quote> "
"And as one of the teachers told Stephanie, they would rewrite a paragraph 5, "
"6, 7, 8 times, till they got it right."
msgstr ""
#. PAGE BREAK 53
#. type: Content of: <book><part><chapter><blockquote><para>
#: freeculture.xml:2280
msgid ""
"Because they needed to. There was a reason for doing it. They needed to say "
"something, as opposed to just jumping through your hoops. They actually "
"needed to use a language that they didn't speak very well. But they had come "
"to understand that they had a lot of power with this language."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2292 freeculture.xml:2354 freeculture.xml:6119
msgid "September 11, 2001, terrorist attacks of"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2293
msgid "World Trade Center"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2294 freeculture.xml:6039
msgid "news coverage"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2296
msgid ""
"<emphasis role='strong'>When two planes</emphasis> crashed into the World "
"Trade Center, another into the Pentagon, and a fourth into a Pennsylvania "
"field, all media around the world shifted to this news. Every moment of just "
"about every day for that week, and for weeks after, television in "
"particular, and media generally, retold the story of the events we had just "
"witnessed. The telling was a retelling, because we had seen the events that "
"were described. The genius of this awful act of terrorism was that the "
"delayed second attack was perfectly timed to assure that the whole world "
"would be watching."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2308
msgid ""
"These retellings had an increasingly familiar feel. There was music scored "
"for the intermissions, and fancy graphics that flashed across the "
"screen. There was a formula to interviews. There was <quote>balance,</quote> "
"and seriousness. This was news choreographed in the way we have increasingly "
"come to expect it, <quote>news as entertainment,</quote> even if the "
"entertainment is tragedy."
msgstr ""
#. type: Content of: <book><part><chapter><section><para><footnote><para><indexterm><primary>
#: freeculture.xml:2315 freeculture.xml:8750 freeculture.xml:8972
msgid "ABC"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2316
msgid "CBS"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2317
msgid "Cyber Rights (Godwin)"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2318
msgid "Godwin, Mike"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:2319 freeculture.xml:2487
msgid "news events on"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2321
msgid ""
"But in addition to this produced news about the <quote>tragedy of September "
"11,</quote> those of us tied to the Internet came to see a very different "
"production as well. The Internet was filled with accounts of the same "
"events. Yet these Internet accounts had a very different flavor. Some people "
"constructed photo pages that captured images from around the world and "
"presented them as slide shows with text. Some offered open letters. There "
"were sound recordings. There was anger and frustration. There were attempts "
"to provide context. There was, in short, an extraordinary worldwide barn "
"raising, in the sense Mike Godwin uses the term in his book <citetitle>Cyber "
"Rights</citetitle>, around a news event that had captured the attention of "
"the world. There was ABC and CBS, but there was also the Internet."
msgstr ""
#. PAGE BREAK 54
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2336
msgid ""
"I don't mean simply to praise the Internet&mdash;though I do think the "
"people who supported this form of speech should be praised. I mean instead "
"to point to a significance in this form of speech. For like a Kodak, the "
"Internet enables people to capture images. And like in a movie by a student "
"on the <quote>Just Think!</quote> bus, the visual images could be mixed with "
"sound or text."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2346
msgid ""
"But unlike any technology for simply capturing images, the Internet allows "
"these creations to be shared with an extraordinary number of people, "
"practically instantaneously. This is something new in our "
"tradition&mdash;not just that culture can be captured mechanically, and "
"obviously not just that events are commented upon critically, but that this "
"mix of captured images, sound, and commentary can be widely spread "
"practically instantaneously."
msgstr ""
#. type: Content of: <book><part><chapter><para><footnote><para><indexterm><primary>
#: freeculture.xml:2355 freeculture.xml:2451 freeculture.xml:2590
msgid "blogs (Web-logs)"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:2356 freeculture.xml:2453
msgid "blogs on"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2357 freeculture.xml:2454
msgid "Web-logs (blogs)"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2359
msgid ""
"September 11 was not an aberration. It was a beginning. Around the same "
"time, a form of communication that has grown dramatically was just beginning "
"to come into public consciousness: the Web-log, or blog. The blog is a kind "
"of public diary, and within some cultures, such as in Japan, it functions "
"very much like a diary. In those cultures, it records private facts in a "
"public way&mdash;it's a kind of electronic <citetitle>Jerry "
"Springer</citetitle>, available anywhere in the world."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2368 freeculture.xml:2437
msgid "political discourse"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:2369
msgid "public discourse conducted on"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2371
msgid ""
"But in the United States, blogs have taken on a very different character. "
"There are some who use the space simply to talk about their private "
"life. But there are many who use the space to engage in public "
"discourse. Discussing matters of public import, criticizing others who are "
"mistaken in their views, criticizing politicians about the decisions they "
"make, offering solutions to problems we all see: blogs create the sense of a "
"virtual public meeting, but one in which we don't all hope to be there at "
"the same time and in which conversations are not necessarily linked. The "
"best of the blog entries are relatively short; they point directly to words "
"used by others, criticizing with or adding to them. They are arguably the "
"most important form of unchoreographed public discourse that we have."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2385
msgid "elections"
msgstr ""
#. PAGE BREAK 55
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2388
msgid ""
"That's a strong statement. Yet it says as much about our democracy as it "
"does about blogs. This is the part of America that is most difficult for "
"those of us who love America to accept: Our democracy has atrophied. Of "
"course we have elections, and most of the time the courts allow those "
"elections to count. A relatively small number of people vote in those "
"elections. The cycle of these elections has become totally professionalized "
"and routinized. Most of us think this is democracy."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2401
msgid "Tocqueville, Alexis de"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:2402
msgid "public discourse in"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2403
msgid "jury system"
msgstr ""
#. f15
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2420
msgid ""
"See, for example, Alexis de Tocqueville, <citetitle>Democracy in "
"America</citetitle>, bk. 1, trans. Henry Reeve (New York: Bantam Books, "
"2000), ch. 16."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2405
msgid ""
"But democracy has never just been about elections. Democracy means rule by "
"the people, but rule means something more than mere elections. In our "
"tradition, it also means control through reasoned discourse. This was the "
"idea that captured the imagination of Alexis de Tocqueville, the "
"nineteenth-century French lawyer who wrote the most important account of "
"early <quote>Democracy in America.</quote> It wasn't popular elections that "
"fascinated him&mdash;it was the jury, an institution that gave ordinary "
"people the right to choose life or death for other citizens. And most "
"fascinating for him was that the jury didn't just vote about the outcome "
"they would impose. They deliberated. Members argued about the "
"<quote>right</quote> result; they tried to persuade each other of the "
"<quote>right</quote> result, and in criminal cases at least, they had to "
"agree upon a unanimous result for the process to come to an end.<placeholder "
"type=\"footnote\" id=\"0\"/>"
msgstr ""
#. f16
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2430
msgid ""
"Bruce Ackerman and James Fishkin, <quote>Deliberation Day,</quote> "
"<citetitle>Journal of Political Philosophy</citetitle> 10 (2) (2002): 129."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2426
msgid ""
"Yet even this institution flags in American life today. And in its place, "
"there is no systematic effort to enable citizen deliberation. Some are "
"pushing to create just such an institution.<placeholder type=\"footnote\" "
"id=\"0\"/> And in some towns in New England, something close to deliberation "
"remains. But for most of us for most of the time, there is no time or place "
"for <quote>democratic deliberation</quote> to occur."
msgstr ""
#. f17
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2446
msgid ""
"Cass Sunstein, <citetitle>Republic.com</citetitle> (Princeton: Princeton "
"University Press, 2001), 65&ndash;80, 175, 182, 183, 192."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2439
msgid ""
"More bizarrely, there is generally not even permission for it to occur. We, "
"the most powerful democracy in the world, have developed a strong norm "
"against talking about politics. It's fine to talk about politics with people "
"you agree with. But it is rude to argue about politics with people you "
"disagree with. Political discourse becomes isolated, and isolated discourse "
"becomes more extreme.<placeholder type=\"footnote\" id=\"0\"/> We say what "
"our friends want to hear, and hear very little beyond what our friends say."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2452
msgid "e-mail"
msgstr ""
#. PAGE BREAK 56
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2459
msgid ""
"Enter the blog. The blog's very architecture solves one part of this "
"problem. People post when they want to post, and people read when they want "
"to read. The most difficult time is synchronous time. Technologies that "
"enable asynchronous communication, such as e-mail, increase the opportunity "
"for communication. Blogs allow for public discourse without the public ever "
"needing to gather in a single public place."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2470
msgid ""
"But beyond architecture, blogs also have solved the problem of "
"norms. There's no norm (yet) in blog space not to talk about politics. "
"Indeed, the space is filled with political speech, on both the right and the "
"left. Some of the most popular sites are conservative or libertarian, but "
"there are many of all political stripes. And even blogs that are not "
"political cover political issues when the occasion merits."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2477
msgid "Dean, Howard"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2479
msgid ""
"The significance of these blogs is tiny now, though not so tiny. The name "
"Howard Dean may well have faded from the 2004 presidential race but for "
"blogs. Yet even if the number of readers is small, the reading is having an "
"effect."
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2484
msgid "Lott, Trent"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><primary>
#: freeculture.xml:2485
msgid "Thurmond, Strom"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:2486
msgid "blog pressure on"
msgstr ""
#. f18
#. type: Content of: <book><part><chapter><para><footnote><para>
#: freeculture.xml:2500
msgid ""
"Noah Shachtman, <quote>With Incessant Postings, a Pundit Stirs the "
"Pot,</quote> <citetitle>New York Times</citetitle>, 16 January 2003, G5."
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2489
msgid ""
"One direct effect is on stories that had a different life cycle in the "
"mainstream media. The Trent Lott affair is an example. When Lott "
"<quote>misspoke</quote> at a party for Senator Strom Thurmond, essentially "
"praising Thurmond's segregationist policies, he calculated correctly that "
"this story would disappear from the mainstream press within forty-eight "
"hours. It did. But he didn't calculate its life cycle in blog space. The "
"bloggers kept researching the story. Over time, more and more instances of "
"the same <quote>misspeaking</quote> emerged. Finally, the story broke back "
"into the mainstream press. In the end, Lott was forced to resign as senate "
"majority leader.<placeholder type=\"footnote\" id=\"0\"/>"
msgstr ""
#. type: Content of: <book><part><chapter><indexterm><secondary>
#: freeculture.xml:2504 freeculture.xml:2538
msgid "commercial imperatives of"
msgstr ""
#. type: Content of: <book><part><chapter><para>
#: freeculture.xml:2506
msgid ""
"This different cycle is possible because the same commercial pressures don't "
"exist with blogs as with other ventures. Television and newspapers are "
"commercial entities. They must work to keep attention. If they lose "