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strict—a federal requirement that states decrease the speed limit, for example—so as to decrease the attractiveness of fast driving. These constraints can thus change, and they can be changed. To understand the effective protection of liberty or protection of property at any particular moment, we must track these changes over time. A restriction imposed by one modality might be erased by another. A freedom enabled by one modality might be displaced by another. 4 124 <strong>FREE</strong> <strong>CULTURE</strong> Why Hollywood Is Right The most obvious point that this model reveals is just why, or just how, Hollywood is right. The copyright warriors have rallied Congress and the courts to defend copyright. This model helps us see why that rallying makes sense. Let’s say this is the picture of copyright’s regulation before the Internet:
There is balance between law, norms, market, and architecture. The law limits the ability to copy and share content, by imposing penalties on those who copy and share content.Those penalties are reinforced by technologies that make it hard to copy and share content (architecture) and expensive to copy and share content (market). Finally, those penalties are mitigated by norms we all recognize—kids, for example, taping other kids’ records. These uses of copyrighted material may well be infringement, but the norms of our society (before the Internet, at least) had no problem with this form of infringement. Enter the Internet, or, more precisely, technologies such as MP3s and p2p sharing. Now the constraint of architecture changes dramatically, as does the constraint of the market. And as both the market and architecture relax the regulation of copyright, norms pile on. The happy balance (for the warriors, at least) of life before the Internet becomes an effective state of anarchy after the Internet. Thus the sense of, and justification for, the warriors’ response. Technology has changed, the warriors say, and the effect of this change, when ramified through the market and norms, is that a balance of protection for the copyright owners’ rights has been lost. This is Iraq “PROPERTY” 125
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This PDF version of Free Culture is
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ALSO BY LAWRENCE LESSIG The Future
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FREE CULTURE HOW BIG MEDIA USES TEC
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To Eric Eldred—whose work first d
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“PROPERTY” 81 CHAPTER SIX: Foun
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PREFACE At the end of his review of
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tween liberal Olympia Snowe and con
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FREE CULTURE
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lowed to enter into an exclusive li
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On the day after Christmas, 1933, f
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The series of body blows that FM ra
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street corners telling stories that
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Internet seem remote to most. To th
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the lucky Wright brothers, the Inte
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“PIRACY”
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This efficiency does not respect th
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e seeing, as Richard Florida writes
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The boys worked from a music and so
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(1955), Mulan (1998), Sleeping Beau
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significantly. A doujinshi comic ca
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e richer if doujinshi artists were
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The hard question is therefore not
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Eastman, himself an amateur photogr
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Mickey, so, too, should these photo
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“Media literacy,” as Dave Yanof
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and this literacy in particular, is
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didn’t speak very well. But they
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in those elections. The cycle of th
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from the mainstream press. As Dave
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take the commercial apart and manip
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CHAPTER THREE: Catalogs In the fall
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users of the RPI network made avail
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won, he would have a piece of paper
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gave him, and the MPPC was serious
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this capacity to pirate. As South D
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dustry is a half-billion-dollar bus
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casters’ content, but more egregi
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CHAPTER FIVE: “Piracy” There is
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ate nation, but we will not allow a
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Thus, while I understand the pull o
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File sharers share different kinds
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eing]—but had to a large extent r
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Page 106 and 107: “Ruined” is a bit of an exagger
Page 108 and 109: it, this touch of cartoon helped ca
Page 110 and 111: So I asked Else why he didn’t jus
Page 112 and 113: CHAPTER EIGHT: Transformers In 1993
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Page 120 and 121: CHAPTER NINE: Collectors In April 1
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Page 126 and 127: eal restriction was economics. The
Page 128 and 129: CHAPTER TEN: “Property” Jack Va
Page 130 and 131: tections resident in all other prop
Page 132 and 133: equires that you lose your “creat
Page 134 and 135: with a $150,000 fine. The fine is a
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Page 148 and 149: Law: Scope The “scope” of a cop
Page 150 and 151: The act left other creators totally
Page 152 and 153: “Copies.” That certainly sounds
Page 154 and 155: These are uses that themselves invo
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Page 162 and 163: According to my eBook Reader, I hav
Page 164 and 165: These are controls, not permissions
Page 166 and 167: up aibopet.com (and aibohack.com, b
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PUZZLES
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The villagers don’t leave him alo
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But it is not quite stealing from T
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In April 2001, eMusic.com was purch
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There will be many consequences of
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e unclear. It never pays to do anyt
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you’ve got a little note from a l
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my.mp3.com service was to give user
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The point is not that businesses sh
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the technology, but will likely be
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Internet radio is thus to radio wha
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13. retail album title; 14. recordi
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RIAA launches lawsuits against not
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My point is not the idiotic one: Ju
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use of CDs. The technology, in othe
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The RIAA then expanded this campaig
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BALANCES
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Yet policy makers are not willing t
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accessible to the twentieth century
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gress has the power to extend its t
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ights are about to expire, there is
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ing term, then there would be no
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work. In 1930, 10,047 books were pu
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any continuing commercial value. Th
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In this context, there is no need f
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freedom to fill the gaps. As one re
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nored this pressure (something that
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Software Foundation (home of the GN
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their view of how this part of Amer
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case, under the government’s argu
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for the chance to see the proceedin
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chief justice: Well, but you want m
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Justice Ginsburg simply ignored the
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power. And they joined an opinion t
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the decision was praised, it was pr
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CHAPTER FOURTEEN: Eldred II The day
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moved in 1976, when Congress follow
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a world without formalities. Comple
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ond, they argued that the proposal
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domain tied to the Internet could s
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These prices are not high because t
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about the sanctity of property. 5 I
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comes our common sense. And the cha
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WIPO. But in my view, there couldn
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First, they are just flat wrong. As
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as Lessig would have it, then of co
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petition and increased diversity. S
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AFTERWORD
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US, NOW Common sense is with the co
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Well, if we think in terms of the m
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The world of free software had been
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of scientific work submit that work
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of content (“content conducers,
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with Creative Commons freedoms. The
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These are all formalities associate
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tially lower the burden of this for
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2. Shorter Terms The term of copyri
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3. Free Use Vs. Fair Use As I obser
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tain statutory conditions. Either w
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tion should not be, how should the
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Alternatively, the law could create
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uses. A system that simply charges
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should be on how to make sure the a
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arely test their power, or the powe
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Notes Toward a Cultural Geography o
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5. Coe, 58. 6. For illustrative cas
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7. To Amend and Consolidate the Act
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(September 2002), reporting that 28
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CHAPTER SIX: FOUNDERS 1. Jacob Tons
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York: Basic Books, 1999): 90-95; La
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we should repeal it. It is instead
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35. Siva Vaidhyanathan captures a s
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11. For example, in July 2002, Repr
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Constitution. I invite all of you t
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kets pose a threat to the entire sy
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#79. For other proposals, see Lawre
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Yonezawa. I am thankful as well as
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Barlow, Joel, 8 Barnes & Noble, 147
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copyright law (cont.) copies as cor
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Fairbank, Robert, 105 fair use, 141
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Jefferson, Thomas, 84, 120, 284 Joh
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peer-to-peer file sharing (cont.) f
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Secure Digital Music Initiative (SD
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ABOUT THE AUTHOR LAWRENCE LESSIG (h
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