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Secure Digital Music Initiative (SDMI), 155–56 semiotic democracy, 301–2 Senate, U.S., 120, 131 FCC media ownership rules reversed by, 269 see also Congress, U.S. Sentelle, David, 228–29, 231, 235, 243 September 11, 2001, terrorist attacks of, 40, 41, 111–12 Seuss, Dr., 233, 234 Shakespeare, William, 29, 85, 87, 88, 93, 316n sheet music, 17, 56 Silent Spring (Carson), 129 Simpsons, The, 95–98 single nucleotide polymorphisms (SNPs), 262–63 Sites, Kevin, 310n–11n 60 Minutes, 105, 111 Slade, Michael, 101 slavery, 120 Smith, David, 309n Snowe, Olympia, xv software, open-source, see free software/ open-source software Sonny Bono Copyright Term Extension Act (CTEA) (1998), 134, 135, 215, 218, 221, 223 Supreme Court challenge of, 228, 230, 231, 234–48, 252, 304 Sony: Aibo robotic dog produced by, 153–55, 156, 157 Betamax technology developed by, 75–76 Sony Music Entertainment, 162 Sony Pictures Entertainment, 116 Sousa, John Philip, 56 Souter, David, 234, 235, 242, 244 South Africa, Republic of, pharmaceutical imports by, 258–59 speech, freedom of, 318n constitutional guarantee of, 128 film-rating system vs., 117 useful criticism fostered by, 156 speeding, constraints on, 123–24, 207 spider, 108 Spielberg, Steven, 107 Stallman, Richard, xv–xvi, 279–80, 330n 344 INDEX Stanford University, 282 Star Wars, 98 Starwave, 100–101 Statute of Anne (1710), 86, 87, 89, 90, 91, 92, 133 Statute of Monopolies (1656), 88 statutory damages, 51 statutory licenses, 57–58, 64, 74, 194, 295–96, 300 Steamboat Bill, Jr., 22–23, 26, 34 Steamboat Willie, 21–23, 309n steel industry, 127 Stevens, John Paul, 234, 235, 242 Stevens, Ted, xv Stewart, Gordon, 229, 230 Story, Joseph, 252 Sullivan, Kathleen, 232–33 Superman comics, 27 Supreme Court, U.S.: access to opinions of, 281 on airspace vs. land rights, 2–3, 307n annual docket of, 229 on balance of interests in copyright law, 77, 78 on cable television, 61 congressional actions restrained by, 218–19, 220, 234 on copyright term extensions, 218, 228–48 factions of, 234–35 House of Lords vs., 92 on Internet pornography restrictions, 325n on television advertising bans, 168 on VCR technology, 76–77 Sutherland, Donald, 102 Takings Clause, 119 Talbot, William, 31 Tatel, David, 229 Tauzin, Billy, 324n tax system, 201 Taylor, Robert, 91 technology: archival opportunity afforded through, 113–14, 115 of circumvention, 156, 157–60 of copying, 171 copyright enforcement controlled by, 147, 148–61, 181, 186, 203–4, 320n, 324n
copyright intent altered by, 141–44 cut-and-paste culture enabled by, 105–6, 203 of digital capturing and sharing, 184–85 established industries threatened by changes in, 69–70, 126–28 innovative improvements in, 67, 313n legal murkiness on, 192 television, 6 advertising on, 36, 127, 167–68, 321n cable vs. broadcast, 59–61, 74–75, 302 controversy avoided by, 168, 321n independent production for, 164–66 industry trade association of, 116 ownership consolidation in, 162, 163 VCR taping of, 75–76, 158–60 Television Archive, 110, 111–12 Thomas, Clarence, 234 Thomson, James, 91, 92 Thurmond, Strom, 43 Tocqueville, Alexis de, 42 Tonson, Jacob, 85, 86, 316n tort reform, 323n Torvalds, Linus, 280 Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, 313n Turner, Ted, 269 Twentieth Century Fox, 116 twins, as chimera, 178–79 United Kingdom: copyright requirements in, 327n history of copyright law in, 85–94 public creative archive in, 270 United States Trade Representative (USTR), 258–59 United States v. Lopez, 219, 220, 234, 235–36, 239, 241, 242, 243 United States v. Morrison, 219, 234 Universal Music Group, 162, 191 Universal Pictures, 75–76, 116 university computer networks, p2p sharing on, 48–51, 180, 206–7, 270, 322n used record sales, 72, 314n Vaidhyanathan, Siva, 316n, 322n Valenti, Jack, 205, 238 background of, 116, 117 on creative property rights, 10, 117–20, 140 Eldred Act opposed by, 253 perpetual copyright term proposed by, 326n on VCR technology, 76 Vanderbilt University, 110 VCRs, 75–76, 77, 158–60, 194, 297, 320n venture capitalists, 189, 191 Verizon Internet Services, 205, 322n veterans’ pensions, 293 Video Pipeline, 145–46, 187 Vivendi Universal, 182, 190 von Lohmann, Fred, 205, 207 Wagner, Richard, 95, 97 Warner Brothers, 101, 116, 147–48, 152 Warner Music Group, 162 Way Back Machine, 108, 109, 110 Wayner, Peter, 284 Web-logs (blogs), 41, 42–45, 310n–11n Web sites, domain name registration of, 289 Webster, Noah, 8 Wellcome Trust, 262 Wells, H. G., 177–78 White House press releases, 317n willful infringement, 146 Windows, 65 Winer, Dave, 44–45 Winick, Judd, 26–27 WJOA, 321n WorldCom, 185 World Intellectual Property Organization (WIPO), 262–64, 265–67, 328n World Summit on the Information Society (WSIS), 263–64, 266 World Trade Center, 40 World Wide Web, 262 WRC, 321n Wright brothers, 1, 3, 11–12 Yanofsky, Dave, 36 Zimmerman, Edwin, 60–61 Zittrain, Jonathan, 324n INDEX 345
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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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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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Page 304 and 305: tion should not be, how should the
Page 306 and 307: Alternatively, the law could create
Page 308 and 309: uses. A system that simply charges
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
Page 316 and 317: 5. Coe, 58. 6. For illustrative cas
Page 318 and 319: 7. To Amend and Consolidate the Act
Page 320 and 321: (September 2002), reporting that 28
Page 322 and 323: CHAPTER SIX: FOUNDERS 1. Jacob Tons
Page 324 and 325: York: Basic Books, 1999): 90-95; La
Page 326 and 327: we should repeal it. It is instead
Page 328 and 329: 35. Siva Vaidhyanathan captures a s
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Page 332 and 333: Constitution. I invite all of you t
Page 334 and 335: kets pose a threat to the entire sy
Page 336 and 337: #79. For other proposals, see Lawre
Page 338 and 339: Yonezawa. I am thankful as well as
Page 340 and 341: Barlow, Joel, 8 Barnes & Noble, 147
Page 342 and 343: copyright law (cont.) copies as cor
Page 344 and 345: Fairbank, Robert, 105 fair use, 141
Page 346 and 347: Jefferson, Thomas, 84, 120, 284 Joh
Page 348 and 349: peer-to-peer file sharing (cont.) f
Page 352: ABOUT THE AUTHOR LAWRENCE LESSIG (h
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