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peer-to-peer file sharing (cont.)
four types of, 68–69, 296–97
infringement protections in, 73–74,
181–82
participation levels of, 67, 313n
piracy vs., 66–79
reform proposals of copyright restraints
on, 296–304
regulatory balance lost in, 125, 206–7
shoplifting vs., 179–80
total legalization of, 180
zero-tolerance of, 180–82
Peer-to-Peer Piracy Prevention Act,
324n
permission culture:
free culture vs., xiv, 8, 173
transaction burdens of, 192–93
permissions:
coded controls vs., 149–53
photography exempted from, 33–35
for use of film clips, 100–107
see also copyright
pharmaceutical patents, 258–61, 328n
phonograph, 55
photocopying machines, 171
photography, 31–35
Picker, Randal C., 324n
piracy:
in Asia, 63, 64, 65, 302
commercial, 62–66, 313n
derivative work vs., 22–24, 25–29,
138–39, 141
in development of content industry,
53–61, 312n
of intangible property, 64, 71, 179–80
international, 63–64
profit reduction as criterion of, 66–71, 73
p2p file sharing vs., 66–79
uncritical rejection of, 183–84
player pianos, 55, 56, 75
PLoS (Public Library of Science), 262,
281–82
Pogue, David, xiii
political discourse, 41, 42–45
Politics (Aristotle), 150
Porgy and Bess, 233
pornography, 233, 325n
positive law, 86, 90
342 INDEX
power, concentration of, xv, 12
Prelinger, Rick, 112
Princeton University, 51
privacy rights, 205, 277–79
Progress Clause, 130–31, 215, 218, 232,
236, 243–44
prohibition, citizen rebellion against,
199–207
Promises to Keep (Fisher), 301
property rights:
air traffic vs., 1–3, 294
as balance of public good vs. private
interests, 172–73, 322n
copyright vs., 83–84, 172–73
feudal system of, 267
formalities associated with, 287–88
intangibility of, 84, 315n
Takings Clause on, 119
see also copyright; creative property;
intellectual property rights
proprietary code, 279–80
protectionism, of artists vs. business
interests, 9
p2p file sharing, see peer-to-peer (p2p) file
sharing
Public Citizen, 232
public domain:
access fees for material in, 281
balance of U.S. content in, 133, 170–72,
318n–19n
content industry opposition to, 253–56
defined, 24
e-book restrictions on, 148–50, 152–53
English legal establishment of, 93
films in, 223–25, 254
future patents vs. future copyrights in,
134–35, 214
legal murkiness on, 185–86
library of works derived from, 213–14
license system for rebuilding of, 281–86
protection of, 220–21
p2p sharing of work in, 73
public projects in, 262–63
traditional term for conversion to,
24–25
Public Enemy, 285
Public Library of Science (PloS), 262,
281–82