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Yonezawa. I am thankful as well as to Professor Nobuhiro Nakayama, and the Tokyo University Business Law Center, for giving me the chance to spend time in Japan, and to Tadashi Shiraishi and Kiyokazu Yamagami for their generous help while I was there. These are the traditional sorts of help that academics regularly draw upon. But in addition to them, the Internet has made it possible to receive advice and correction from many whom I have never even met. Among those who have responded with extremely helpful advice to requests on my blog about the book are Dr. Mohammad Al-Ubaydli, David Gerstein, and Peter DiMauro, as well as a long list of those who had specific ideas about ways to develop my argument. They included Richard Bondi, Steven Cherry, David Coe, Nik Cubrilovic, Bob Devine, Charles Eicher, Thomas Guida, Elihu M. Gerson, Jeremy Hunsinger, Vaughn Iverson, John Karabaic, Jeff Keltner, James Lindenschmidt, K. L. Mann, Mark Manning, Nora McCauley, Jeffrey McHugh, Evan McMullen, Fred Norton, John Pormann, Pedro A. D. Rezende, Shabbir Safdar, Saul Schleimer, Clay Shirky, Adam Shostack, Kragen Sitaker, Chris Smith, Bruce Steinberg, Andrzej Jan Taramina, Sean Walsh, Matt Wasserman, Miljenko Williams, “Wink,” Roger Wood, “Ximmbo da Jazz,” and Richard Yanco. (I apologize if I have missed anyone; with computers come glitches, and a crash of my e-mail system meant I lost a bunch of great replies.) Richard Stallman and Michael Carroll each read the whole book in draft, and each provided extremely helpful correction and advice. Michael helped me to see more clearly the significance of the regulation of derivitive works. And Richard corrected an embarrassingly large number of errors. While my work is in part inspired by Stallman’s, he does not agree with me in important places throughout this book. Finally, and forever, I am thankful to Bettina, who has always insisted that there would be unending happiness away from these battles, and who has always been right. This slow learner is, as ever, grateful for her perpetual patience and love. 332 ACKNOWLEDGMENTS
ABC, 164, 321n academic journals, 262, 280–82 Adobe eBook Reader, 148–53 advertising, 36, 45–46, 127, 145–46, 167– 68, 321n Africa, medications for HIV patients in, 257–61 Agee, Michael, 223–24, 225 agricultural patents, 313n Aibo robotic dog, 153–55, 156, 157, 160 AIDS medications, 257–60 air traffic, land ownership vs., 1–3 Akerlof, George, 232 Alben, Alex, 100–104, 105, 198–99, 295, 317n alcohol prohibition, 200 Alice’s Adventures in Wonderland (Carroll), 152–53 Allen, Paul, 100 All in the Family, 164, 165 Amazon, 278 American Association of Law Libraries, 232 American Graphophone Company, 56 Americans with Disabilities Act (1990), 318n Andromeda, 203 INDEX Anello, Douglas, 60 animated cartoons, 21–24 antiretroviral drugs, 257–61 Apple Corporation, 203, 264, 302 architecture, constraint effected through, 122, 123, 124, 318n archive.org, 112 see also Internet Archive archives, digital, 108–15, 173, 222, 226–27 Aristotle, 150 Armstrong, Edwin Howard, 3–6, 184, 196 Arrow, Kenneth, 232 art, underground, 186 artists: publicity rights on images of, 317n recording industry payments to, 52, 58–59, 74, 195, 196–97, 199, 301, 329n–30n retrospective compilations on, 100–104 ASCAP, 18 Asia, commercial piracy in, 63, 64, 65, 302 AT&T, 6 Ayer, Don, 230, 237, 239, 244, 248 Bacon, Francis, 93 Barish, Stephanie, 38, 39, 46 333
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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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esponse to this problem: used book
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infringing material, the district c
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tem to minimize the opportunity for
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macy in the behavior of the “pira
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“PROPERTY”
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ow range of exceptions—ideas rele
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ight. Prices of the classics were t
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strictions on the freedom of others
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ones Expire; so that should this Bi
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the monopoly power of publishers? P
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“Ruined” is a bit of an exagger
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it, this touch of cartoon helped ca
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So I asked Else why he didn’t jus
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CHAPTER EIGHT: Transformers In 1993
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We decided that it would be fair if
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etrospective of someone’s career
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its archives, musicians are able to
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CHAPTER NINE: Collectors In April 1
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portant to maintain in some histori
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tions from around the world and hit
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eal restriction was economics. The
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CHAPTER TEN: “Property” Jack Va
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tections resident in all other prop
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equires that you lose your “creat
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with a $150,000 fine. The fine is a
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strict—a federal requirement that
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after the fall of Saddam, but this
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usiness against others. Its role is
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as criticism of DDT is not an endor
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particular concentration of market
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granted only for works where they w
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Law: Scope The “scope” of a cop
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The act left other creators totally
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“Copies.” That certainly sounds
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These are uses that themselves invo
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night before you went to bed. None
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ness on distributing this content a
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Casablanca. Warner Brothers objecte
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According to my eBook Reader, I hav
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These are controls, not permissions
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up aibopet.com (and aibohack.com, b
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Felten and his team figured out the
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use of the copyrighted material was
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would agree such a use is bad. Or a
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to control the use of content, and
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Does this concentration matter? Wil
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tion companies producing television
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money. Assume a group of concerned
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ing technology, together they produ
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commercial or not, transformative o
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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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Page 310 and 311: should be on how to make sure the a
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Page 314 and 315: Notes Toward a Cultural Geography o
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Page 322 and 323: CHAPTER SIX: FOUNDERS 1. Jacob Tons
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Page 328 and 329: 35. Siva Vaidhyanathan captures a s
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Page 340 and 341: Barlow, Joel, 8 Barnes & Noble, 147
Page 342 and 343: copyright law (cont.) copies as cor
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Page 346 and 347: Jefferson, Thomas, 84, 120, 284 Joh
Page 348 and 349: peer-to-peer file sharing (cont.) f
Page 350 and 351: Secure Digital Music Initiative (SD
Page 352: ABOUT THE AUTHOR LAWRENCE LESSIG (h
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