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CHAPTER THREE: Catalogs In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as a freshman at Rensselaer Polytechnic Institute, in Troy, New York. His major at RPI was information technology. Though he is not a programmer, in October Jesse decided to begin to tinker with search engine technology that was available on the RPI network. RPI is one of America’s foremost technological research institutions. It offers degrees in fields ranging from architecture and engineering to information sciences. More than 65 percent of its five thousand undergraduates finished in the top 10 percent of their high school class. The school is thus a perfect mix of talent and experience to imagine and then build, a generation for the network age. RPI’s computer network links students, faculty, and administration to one another. It also links RPI to the Internet. Not everything available on the RPI network is available on the Internet. But the network is designed to enable students to get access to the Internet, as well as more intimate access to other members of the RPI community. Search engines are a measure of a network’s intimacy. Google 48
ought the Internet much closer to all of us by fantastically improving the quality of search on the network. Specialty search engines can do this even better. The idea of “intranet” search engines, search engines that search within the network of a particular institution, is to provide users of that institution with better access to material from that institution. Businesses do this all the time, enabling employees to have access to material that people outside the business can’t get. Universities do it as well. These engines are enabled by the network technology itself. Microsoft, for example, has a network file system that makes it very easy for search engines tuned to that network to query the system for information about the publicly (within that network) available content. Jesse’s search engine was built to take advantage of this technology. It used Microsoft’s network file system to build an index of all the files available within the RPI network. Jesse’s wasn’t the first search engine built for the RPI network. Indeed, his engine was a simple modification of engines that others had built. His single most important improvement over those engines was to fix a bug within the Microsoft file-sharing system that could cause a user’s computer to crash. With the engines that existed before, if you tried to access a file through a Windows browser that was on a computer that was off-line, your computer could crash. Jesse modified the system a bit to fix that problem, by adding a button that a user could click to see if the machine holding the file was still on-line. Jesse’s engine went on-line in late October. Over the following six months, he continued to tweak it to improve its functionality. By March, the system was functioning quite well. Jesse had more than one million files in his directory, including every type of content that might be on users’ computers. Thus the index his search engine produced included pictures, which students could use to put on their own Web sites; copies of notes or research; copies of information pamphlets; movie clips that students might have created; university brochures—basically anything that “PIRACY” 49
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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
Page 12 and 13: PREFACE At the end of his review of
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Page 18 and 19: lowed to enter into an exclusive li
Page 20 and 21: On the day after Christmas, 1933, f
Page 22 and 23: The series of body blows that FM ra
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Page 26 and 27: Internet seem remote to most. To th
Page 28 and 29: the lucky Wright brothers, the Inte
Page 30 and 31: “PIRACY”
Page 32 and 33: This efficiency does not respect th
Page 34 and 35: e seeing, as Richard Florida writes
Page 36 and 37: The boys worked from a music and so
Page 38 and 39: (1955), Mulan (1998), Sleeping Beau
Page 40 and 41: significantly. A doujinshi comic ca
Page 42 and 43: e richer if doujinshi artists were
Page 44 and 45: The hard question is therefore not
Page 46 and 47: Eastman, himself an amateur photogr
Page 48 and 49: Mickey, so, too, should these photo
Page 50 and 51: “Media literacy,” as Dave Yanof
Page 52 and 53: and this literacy in particular, is
Page 54 and 55: didn’t speak very well. But they
Page 56 and 57: in those elections. The cycle of th
Page 58 and 59: from the mainstream press. As Dave
Page 60 and 61: take the commercial apart and manip
Page 64 and 65: users of the RPI network made avail
Page 66 and 67: won, he would have a piece of paper
Page 68 and 69: gave him, and the MPPC was serious
Page 70 and 71: this capacity to pirate. As South D
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Page 76 and 77: CHAPTER FIVE: “Piracy” There is
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Page 80 and 81: Thus, while I understand the pull o
Page 82 and 83: File sharers share different kinds
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Page 104 and 105: the monopoly power of publishers? P
Page 106 and 107: “Ruined” is a bit of an exagger
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Page 110 and 111: 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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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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