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Free Culture

Peter Wayner writes: "When jury duty called, I was lucky enough to have a copy of Larry Lessig's new book, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, to take along. The Mitchell Courthouse in Baltimore is one of the most beautiful and ambitious marble allegories for how the law can be elegant, ornate, and permanently imposing. It was the perfect place to read a new book devoted to stopping the old guard media czars from using law to keep the couch potatoes down." Read on for the rest of Wayner's review of the book -- which is released today in hardcover, but also available for free online. Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity author Lawrence Lessig pages 388 publisher Penguin rating 9 reviewer Peter Wayner ISBN 0375505784 summary Lessig takes a serious but accessible look at how law has been subverted by Big Media and proposes workable steps for taking it back.

Lessig is now famous for a number of reasons, including his two previous books, Code and Other Laws of Cyberspace and The Future of Ideas : The Fate of the Commons in a Connected World. In the first, he was one of the first to affirm what many Slashdot readers know almost instinctively: whomever writes the code determines how the world works. Making the right decisions about power and control when designing a computer system is just as important as writing laws for the future. In the second, he writes of the importance of a vast cultural commons which acts as the wellspring for our expression and the grounding plate for our souls.

His new book is his most casual and most accessible. His prose is improving as he drops the footnote-heavy habit of legal writing and adopts a bloggier style driven by anecdotes and personal revelation. And what anecdotes he has -- Lessig's years on the barricades have given a surprisingly large collection of tales that will make any artist or citizen cringe. Time and time again, the powerful warlords of the entertainment conglomerates have banded together to try to stomp out the sharing and cooperation emerging from the Internet. After years of amassing a strangehold on the world's culture, the conglomerates aren't letting this cheap, fast and out-of-control technology sweep it all away.

My favorite anecdote, if one could be said to stand out, comes from a film maker documenting an opera company. When the camera caught a snippet of the stagehands watching the Simpsons with the sound turned down, the director wanted to add a four-second clip to the movie. Matt Groening said "Yes." The lawyers said it was clearly fair use. But Fox's executives responded with the kind of obscenity that doesn't upset the FCC: pay us $10,000. The clip didn't make the film because the director couldn't afford to go head-to-head with the Fox legal department.

This is just one of a number of stories of how interesting, invigorating content and innovation was strangled at birth by old guard. The anecdotes are, I think, an effort to atone for his loss in the Eldred case and reargue it. He presented the Supreme Court with a very logical and legal reading of why it was wrong for Congress to continue extending the length of a copyright monopoly and the court didn't buy it. A friend of his said that this tack was wrong because the court wanted to feel the depths of the injustice. The justices didn't want laws and footnotes, they wanted something human. Lessig blames his loss on not taking this advice. (As an aside, Lessig's personal description of taking a case to the Supreme Court is a good way to understand just how human the game can be.)

This time around, he piles the examples on top of more examples to show just how the conglomerates can hurt the artist and culture in general. After this case failed, Lessig tried another compromise that exposed the true goals of the copyright czars. Lessig describes his efforts to recreate a copyright registration system. If someone wanted to keep a copyright in force after 50 years, Lessig suggested getting them to pay a $1 fee. This would help everyone keep the copyright straight and make it simpler for everyone to understand just who has what rights to an art work. Any art work that goes unregistered flops into the public domain. Anyone who's tried to clear rights to a project will see this as a step in the right direction. The copyright industry, however, rejected this structure in a way that Lessig suggests illustrates how much this is about power and control, not creativity and expression.

Lessig has other tricks up his sleeve. If he can't convince the U.S. government to change the law, he can appeal to the artists themselves who have the ultimate control. He started his Creative Commons project several years ago and now artists can use several boilerplate licenses that reserve some of the rights while releasing others.

This new book itself is also available for free (PDF) under the license, a tactic that has worked well for Cory Doctorow and myself in the past. When I released Free for All under the license several years after the book was published, I watched the asking price on Amazon's used book market rise more than 40%. It wasn't a big jump, but it was still a bit counterintuitive. The freely available text encouraged people to buy the more readable printed version. I think Lessig will see the same effect. The sales driven by the people who read the electronic version will be greater than the sales lost to the people who just read the downloaded copy.

The good news is that the markets and the consumers are already heeding Lessig's advice because they instinctively disdain a monopoly. The power of the old networks is rapidly disappearing and the increasing concentration among the old guard is as much an illustration of the last ditch effort by the executives to cash out by taking large bonuses from the transactions. Some worry about the concentration of power in the radio world by companies like Clear Channel. But who listens to radio for music any longer? One Clear Channel station near my house plays traffic reports every 10 minutes during the day because their audience is dominated by people trapped on aptly named "parkways". The station may play as few as three songs an hour between 6:30am and 9am. The rest of the time, they yak about movies or the weather and their influence upon music continues to drop.

There are surprisingly good alternatives developing to take over the space. Lessig does an excellent job describing how the Internet radio stations were mugged with unfair regulations, but it's important to remember that they continue to exist because they offer something better than endless traffic reports. Furthermore, competition is coming from strange places. Starbucks is just one such company selling commercial- free mix tapes that are, for almost all intents and purposes, just a plastic disk version of a cool DJ. More and more radio-like venues are appearing.

There are other reasons why the concentration is backfiring. Lessig does a good job explaining how the television networks are squeezing out competition from independent producers. He describes how Norman Lear was only able to bring us "All in the Family" because he was free to take his work from ABC to CBS. That freedom disappeared after Congress repealed the laws forbidding the networks from owning stakes in the shows they broadcast. Now, if you want to get on CBS, it helps to sell a part of your show to CBS or, even better, just sell the whole thing.

But is this strategy really working for the networks? Their ratings continue to plummet. There's a reason why there are so many drug commercials for arthritis remedies on network air. That generation is the last one who watches network television almost instinctively. Lessig likes to complain about the "soviet" nature of these networks. It's a wonderful word that reads on many levels. The more they squeeze out competition and aggregate power in the committees, the more they lose the fluid competition that lets cream rise to the top.

So, who really cares if CBS isn't available on the Dish network? There are hundreds of other channels offering good fare. It was a different story in the 1970's when there were only three networks and CBS offered shows like "All in the Family" and "Mary Tyler Moore". Then, they controlled the heart of our popular culture. Today, the network ratings are so low on Saturday night that all of the networks are looking for a way to stop broadcasting on that day. Aside from the NCAA basketball tournament, I've lived without CBS for years without missing a thing. (Even then, I get most sports news from the websites.) The DVD player is a very, very powerful and destructive technology. When you can buy 50 movies for $30, who even needs CBS, the Dish network or HBO?

All of these idea swirled through my mind as I read Lessig's book and waited during jury duty. Are things getting worse or better? Are the 40+ million plus fileswapping pirates winning, or are the draconian laws crushing our creativity like a jackboot? I spent my time thinking of this balance while waiting for the judge and the attorneys to sift through 150 people to find the right 12 folks to render a fair and impartial verdict. On one hand, it was remarkable that society was being so careful before imprisoning someone for attempted murder. On the other, it was clear that the effort can't be sustained for the 40 million+ file sharing pirates who are thumbing their nose at the law.

Lessig understands this. One of his most persuasive arguments is that the current law becomes more marginalized as it becomes increasingly less fair. Prohibition of alcohol corroded the law and now the increasing prohibition of fair use is eroding respect for copyright.You only need to travel a few blocks from the Mitchell court house to end up in dangerous regions of Baltimore where the marble and the pomp can't do much to protect you. Lessig, the lawyer, knows the law can only work when it is fair and equitable. This new book is a strong and passionate argument for how we can restore some sanity to the system and restore our faith in copyright law. Some people think that Lessig is trying to "smash" the copyright system, but I think he's just trying to restore its ability to function.

Peter Wayner is the author of Free for All , a book on the open source movement and Policing Online Games, a book on how to build the Mitchell courthouse in cyberspace. You can purchase Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity from bn.com. Slashdot welcomes readers' book reviews -- to see your own review here, read the book review guidelines, then visit the submission page. mpawlo points out you can get the book free and gratis via Bittorrent.

154 comments

  1. Lawrence Lessing on NPR by chrisspurgeon · · Score: 5, Informative

    IJWTS that Lawrence Lessing gave a fine interview on NPR's "Talk of the Nation" this past Tuesday. More info, and the interview in RealAudio format, here.

    1. Re:Lawrence Lessing on NPR by smd4985 · · Score: 2, Informative

      Or you can use your magnet enabled P2P client (e.g. LimeWire).

      freeculture.zip

      --
      smd4985
    2. Re:Lawrence Lessing on NPR by Anonymous Coward · · Score: 0

      I'm glad light is being shed on the importance of culture. We like to think of ourselves as free-roaming entities, driven by our own unique internal machine. As you grow older, you'll find out one of life's dirtiest secrets: Culture is everything. Culture is everywhere. What you always mistook for free will was actually culture in disguise. So it's important that a culture be as healthy and sane as possible. Tampering with culture is to flirt with disaster. We're not smart enough to be playing games with systems so vital. We should know better but we don't. And it's for the same reason your dog shits in the house. He's just a dog.

  2. EU... Microsoft... Monopoly by maximilln · · Score: 5, Interesting

    -----
    My favorite anecdote, if one could be said to stand out, comes from a film maker documenting an opera company. When the camera caught a snippet of the stagehands watching the Simpsons with the sound turned down, the director wanted to add a four-second clip to the movie. Matt Groening said "Yes." The lawyers said it was clearly fair use. But Fox's executives responded with the kind of obscenity that doesn't upset the FCC: pay us $10,000. The clip didn't make the film because the director couldn't afford to go head-to-head with the Fox legal department
    -----

    And that, folks, is just how it's going to be done.

    --
    +++ATHZ 99:5:80
    1. Re:EU... Microsoft... Monopoly by agentZ · · Score: 2, Funny

      Wow, Fox turned into a hard-core porn channel so gradually, I didn't even notice it happening!

  3. Link to the PDF by turnstyle · · Score: 0, Redundant

    Here's the book in PDF, licensed under Creative Commons... (right-click, and save-as, to download a copy).

    --
    Here's what I do: Bitty Browser & Andromeda
    1. Re:Link to the PDF by corbettw · · Score: 0, Offtopic

      Most. Redundant. Ever.

      The link is right in the middle of the review, fer cryin' out loud.

      --
      God invented whiskey so the Irish would not rule the world.
  4. Jury duty by ornil · · Score: 2, Insightful

    When jury duty called, I was lucky enough to have a copy of Larry Lessig's new book...

    Hey, how about actually doing your civic duty? I wouldn't want to be the defendant in this case.

    1. Re:Jury duty by Mongoose+Disciple · · Score: 2, Informative

      I don't know how jury duty works where you're from, but my experience is that if you're called, you can often spend the better part of the day waiting in the jury pool room without ever being called into a courtroom.

      It's an excellent time to have a book you want to read handy.

    2. Re:Jury duty by peterwayner · · Score: 4, Informative

      My "civic duty" involved sitting there. Just sitting there. Some watched a movie. Some read books. Others just talked.

    3. Re:Jury duty by rueger · · Score: 1

      Being called for jury duty often involves a large amount of time sitting around waiting before being involved the selection process or trial.

      Once you've seen the "So, Now You're on a Jury" video and have found out where the restroom is located, there's not much to do.

    4. Re:Jury duty by philbert26 · · Score: 1
      Hey, how about actually doing your civic duty? I wouldn't want to be the defendant in this case

      When you do jury duty you spend a lot of time outside the courtroom, mostly waiting to be selected for a jury. Also the judge may clear the jury to hear arguments over what the jury is allowed to be told.

      I don't think he was reading the book in the jury box! I doubt you could get away with that in court, even if you had a pair of fake glasses that made it look like you were paying attention (Simpsons fans know what I mean).

    5. Re:Jury duty by Anonymous Coward · · Score: 0

      We all know that jury duty consists of mostly sitting on your ass, so get off your high horse.

    6. Re:Jury duty by stoolpigeon · · Score: 1

      Have you ever had jury duty? You can spend all day in the 'pool' and never even be considered to be on a jury.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    7. Re:Jury duty by archipunk · · Score: 1
      When jury duty called, I was lucky enough to have a copy of Larry Lessig's new book...

      Hey, how about actually doing your civic duty? I wouldn't want to be the defendant in this case.

      I suspect the original poster was referring to the hours that one must wait before one participates in any actual jury work, not reading the book while court was in session.

    8. Re:Jury duty by Razor+Blades+are+Not · · Score: 2, Informative

      By far the most time you spend when called for Jury Duty is sitting around waiting to be empanelled.
      Once you're empanelled as a juror, that's when you put the book down and concentrate on the case. If a juror was trying to read a book in the courtroom (and there's no way one could hide such an activity) he'd be cited for contempt. There's no danger that the reviewer was reading during a trial.

      How about doing your civic duty and learn some basics of the legal system?

    9. Re:Jury duty by edubarr · · Score: 2, Funny

      sitting around waiting to be empanelled

      for a moment there i thought you said impaled

    10. Re:Jury duty by glorf · · Score: 1

      You do know that there are long periods of time during the jury selection process before the trial even begins where you do nothing but sit around and wait for them to call your name right? They may never even call your name. And if you happen to be chosen and then sequestered I don't think they expect you to be deliberating 24/7. Reading a book and doing your civic duty are not mutually exclusive.

    11. Re:Jury duty by tdrury · · Score: 1

      When I was on jury duty, one of the judges cames into the jury pool room and encouraged us to watch some trials that were in progress. Very cool.

      And even when you are an observer in the court room, you were not allowed to read a book, paper, etc.

    12. Re:Jury duty by Anonymous Coward · · Score: 0

      When I was on jury duty, we sat in a room for about four hours after watching a short film, then a court official came in and told us we were all dismissed...

      I brought a book. I was happy I did.

  5. listen to npr coverage by Anonymous Coward · · Score: 0

    http://www.npr.org/features/feature.php?wfId=17859 31

    jherber

  6. Why PDF? by DaveMe · · Score: 5, Interesting

    pdf is an waful format to make derivative works from. for example, I would like to bake a plucker-ebook for my palm from it, but with acrobats text export function as the only available export tool, it screws footnotes and page numbers etc.

    DON'T use pdf for book distribution!

    1. Re:Why PDF? by Robotech_Master · · Score: 1

      Hear, hear...I'd like to use iSilo to read it, myself...but there's just no easy way that I know of to get the stuff out of PDF without munging it in the process.

      --
      Editor Emeritus and Senior Writer, TeleRead.org
    2. Re:Why PDF? by s20451 · · Score: 4, Informative

      Why PDF?

      1. Almost everyone knows what PDF is and has the reader.
      2. It's better than sharing Word files.
      3. Reader is available for most platforms. Open source readers are available for those not officially supported.
      4. It preserves the look of documents across hardware and platforms.

      In other words it's the most practical of the popular formats. Everything I make available online is in PDF. Maybe it doesn't have some pet feature that you have in mind, but that's no reason to go with some obscure format that is probably broken in other ways.

      --
      Toronto-area transit rider? Rate your ride.
    3. Re:Why PDF? by pavon · · Score: 4, Insightful

      DON'T use pdf for book distribution!
      No, please DO use pdf for book distribution. It is the most widely supported format that has all the features you need and is open enough.

      DON'T however write the book strait into pdf. Use something like DocBook, which can be converted into many formats after the fact, and will probably make your life easier anyway.

    4. Re:Why PDF? by DaveMe · · Score: 2, Insightful

      OK, so make that "DON'T use pdf as your only distribution format".

    5. Re:Why PDF? by mbbac · · Score: 1

      PDF is the format that should be used for distributing books. It's the best way to give the user one file that ensures both a good softcopy experience as well as hardcopy.

      If you want to extract text out of a PDF then use something here.

      --

      mbbac

    6. Re:Why PDF? by jon787 · · Score: 3, Interesting

      Perhaps Lessig might release the TeX (or whatever he wrote it in) version too if asked nicely.

      --
      X(7): A program for managing terminal windows. See also screen(1).
    7. Re:Why PDF? by Anonymous Coward · · Score: 2, Insightful

      Really the only reason to use PDF is your point number 4. "It preserves the look of documents across hardware and platforms."

      Why HTML?
      1. Almost everyone knows what HTML is and has the reader/parser.
      2. It's better than sharing Word files.
      3 The Reader is available for most platforms. Open source readers are available for those not officially supported.

      In other words it's the most practical of the popular formats. Everything I make available online is in HTML. Maybe it doesn't have some pet feature that you have in mind, but that's no reason to go with some obscure format that is probably broken in other way

    8. Re:Why PDF? by Anonymous Coward · · Score: 0

      Docbook is far more practical. People distribute exclusively in pdf because they are ignorant.

    9. Re:Why PDF? by advocate_one · · Score: 1

      I can't use the pdf reader for palm with my linux box... the acrobat for palm package only synchs via ms windows or mac...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    10. Re:Why PDF? by TheSunborn · · Score: 1

      But that's not a problem with the pdf format which is open and fully described. It is a problem with your software.

    11. Re:Why PDF? by po8 · · Score: 1

      If I could do formatted equations and vector graphics (reliably) in HTML, I would move everything over in an instant. Until then, I'm stuck with PDF for much of what I do.

    12. Re:Why PDF? by s20451 · · Score: 1

      I think point 4 is important. One of the most annoying things about HTML are pages that require you to side-scroll to read text. This text probably looked just fine to the person who wrote the file. With PDF, I know everyone sees it just like I do.

      Also, though your point was made from cutting-and-pasting my comment, PDF is far from an obscure format.

      --
      Toronto-area transit rider? Rate your ride.
    13. Re:Why PDF? by doublem · · Score: 2, Informative

      There is an Acrobat reader for Palm you know.

      Works very well too I might add.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
    14. Re:Why PDF? by rmohr02 · · Score: 1

      Try opening the pdf in KOffice.

    15. Re:Why PDF? by some+guy+I+know · · Score: 1
      pdf is an waful format to make derivative works from.
      The "Preview" button is your friend.
      The correct spelling/grammar is:
      PDF is a waffle format from which to make derivative works.
      My favorite waffle format is hexagonal, which looks better than the old, boring rectangular format, and holds more maple syrup.
      I'm not sure what the PDF waffle format looks like, but my understanding is that since PDF so ubiquitous, it probably means that you can use it in most waffle irons.
      Also, one of my favorite waffle derivative works involves blueberries and powdered sugar.
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    16. Re:Why PDF? by Anonymous Coward · · Score: 0

      I have to scroll it on my pocket pc to read it, every fricking line with a stylus. Mabye it preserves the look but only if you have similar hardware, which is why ebooks in html or word are far superior on handheld platforms.

      Think about more than yourself before you post what's the best solution for everyone.

  7. Soo.. by ackthpt · · Score: 4, Insightful
    When jury duty called, I was lucky enough to have a copy of Larry Lessig's new book, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, to take along.

    Did being informed on some subject get you out of jury duty?

    When I sat through my jury selection process it seemed those who were well informed got the boot. Either side could choose to excuse someone too informed to make their chosen impression on.

    So it goes within a free society.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Soo.. by peterwayner · · Score: 1

      They didn't even get to my number. They took the first 12 that met their requirements and that came surprisingly quickly. They started off with 150+ in the room, but filled the jury box after going through about 35.

    2. Re:Soo.. by jeffy124 · · Score: 2, Informative

      both sides (in either a criminal case or a civil suit) tend to prefer those who can't think for themselves very well or draw their own conclusions from the arguments given. They prefer those types because it makes it easier to leave an impression upon them. This does backfire sometimes, as there are occasional cases where jurors will talk to reporters after a decision and reveal incredibly absurd reasons for their decision. This really screws over prosecutors in criminal cases, as they can't file appeals for such stupidity, while the defense can appeal for pretty much any reason you can think of. (There some situations, I think, where a judge can toss an acquittal and declare a mistrial, but I'm not sure under what circumstance.)

      There's also the idea that an informed person is also intelligent enough to have excuses ready when asked if they cant serve. Examples include being opposed to the death penalty, having a close friend or family member be the victim of a similar crime, friend/family involved in a similar civil case, etc. The idea here being that an uninformed person won't have excuses ready, and left unable to answer questions as to whether they can serve or not.

      (IANAL)

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    3. Re:Soo.. by YU+Nicks+NE+Way · · Score: 1

      Never served on a jury, have you? In fact, I'd wager you've never even been into a courthouse. I think that you'd rethink that statement the same way Avi Rubin rethought what he thought about poll watchers if you ever had.

    4. Re:Soo.. by jeffy124 · · Score: 1

      I've been to court before, once as a witness and twice as a student in some criminal justice classes. But never on a jury and probably never will given that case where I was a witness and other circumstances.

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    5. Re:Soo.. by ackthpt · · Score: 1
      There's also the idea that an informed person is also intelligent enough to have excuses ready when asked if they cant serve.

      I do NOT recommend trying to weasel out of jury duty. If you have a reason, (i.e. related to a witness or either party), judges will release you, no problem. If you try to excuse yourself with some flimsy thing like 'opposition to death penalty' you may be surprised to find how judges feel about people uninterested in committment to their own community. Contempt comes to mind. The judge I sat before, during my jury selection process had some harsh words for a couple people who tried to weasel out and made it clear such a behavior could bring its own penalty. I don't expect all judges are like that, but be forewarned that some are. If not you on the jury, they whom?

      --

      A feeling of having made the same mistake before: Deja Foobar
    6. Re:Soo.. by jeffy124 · · Score: 1

      ok, so you're probably right on with the contempt part. but as for the death penalty, if the prosecutor is seeking the death penalty for a suspect, the candidate juror will be asked if they are unable or unwilling to give the death penalty if it comes up. possible reasons include personal morals, religious beliefs, even simple unwillingness (eg, "I'm in favor of the penalty, but I just can't sentence someone to death"). Clearly, having someone on the panel be unable to give death in a death penalty case undermines the system, which is why that question is asked.

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    7. Re:Soo.. by DeathToBill · · Score: 1
      If not you on the jury, they whom?

      That's who, not whom. Who is on the jury? You are on the jury. You are asking for a subject for the sentence, so you should use who.

      A small point, I know, so mod me down, go on. It's not like karma's a matter of life and death.

      --
      Slashdot - News for Nerds, Stuff that Matters, in ISO-8859-1 Has just realised that beta makes this signature redundant
    8. Re:Soo.. by cens0r · · Score: 1

      But what if I really am opposed to the death penalty? I don't think I could condemn anyone to die, and if it was a capital case I believe the prosecution should know that.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    9. Re:Soo.. by djmurdoch · · Score: 1


      If not you on the jury, they whom?

      That's who, not whom. Who is on the jury? You are on the jury. You are asking for a subject for the sentence, so you should use who.


      I agree completely. It's disgraceful the way "who" and "whom" are confused these days.

      And did you notice that other error, replacing "then" with "they"? What really bugs me is that most so-called grammar nazis let this one go by every time.

  8. Error in Link by funny-jack · · Score: 1

    I thought that letting subscribers look into the "mysterious future" was supposed to help us not to have broken links.

    Here's the fixed link.

    --
    You probably shouldn't click this.
  9. LIGHTEN UP! by HarveyBirdman · · Score: 1
    Dude, jury duty consists of long waits in the jury pool room before you even see a courtroom. I played Advance Wars on the Gameboy Advance during my last trip to "civic duty".

    And no judge would allow a juror to read during a trial.

    ObDuh: Duh!

    --
    --- Ban humanity.
    1. Re:LIGHTEN UP! by Anonymous Coward · · Score: 0

      And no judge would allow a juror to read during a trial.

      Indeed, jurors capable of reading are generally rejected by either the prosecution or the defense.

  10. Broken link by American+AC+in+Paris · · Score: 2, Informative

    Here's a working link to the Mitchell courthouse, sans magical Slashdot link space...

    --

    Obliteracy: Words with explosions

  11. Free Culture by Anonymous Coward · · Score: 0

    mmmm. free yogurt

  12. Is that a word? by Doesn't_Comment_Code · · Score: 3, Funny

    His prose is improving as he [...] adopts a bloggier style

    Did I read that correctly?

    Did he just say "bloggier" ?

    --

    Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    1. Re:Is that a word? by Anonymous Coward · · Score: 0

      Yes, it means "more bloggy".

      HTH

    2. Re:Is that a word? by dr+bacardi · · Score: 1

      It is a rather slithy word. Makes me gyre and gimble just to think about it.

    3. Re:Is that a word? by Anonymous Coward · · Score: 0
      Where "bloggy" means "like a blog".

      Where "blog" is short for "web log".

      Where "web" is short for "World Wide Web".

    4. Re:Is that a word? by rRaminrodt · · Score: 1

      Hey kids! it's a newer shinier trendier way to say, "conversational."

      Soooo cool!

      (that is if blogs were cool ;-) )

      --
      They'll think I've lost control again and leave it all to evolution. -- Supreme Being, Time Bandits
    5. Re:Is that a word? by Omnifarious · · Score: 1

      That's not necessarily true. The style in which I write blog entries might not be as formal as I might use for a book, but it's not the style in which I speak either.

  13. Revealing, no? by Otter · · Score: 4, Interesting
    It was the perfect place to read a new book devoted to stopping the old guard media czars from using law to keep the couch potatoes down.

    I suppose that's meant to be facetious but it leads nicely into "Are things getting worse or better? Are the 40+ million plus fileswapping pirates winning, or are the draconian laws crushing our creativity like a jackboot?" Yeah, "fileswapping pirates" are the cornerstone of global creativity. What will our society do without their invaluable contribution?

    I'm the first to object to the DMCA and abuse of fair-use but if the Lessig crowd wants to convince me that there's a need to tear the existing system to shreds, they need to come up with a better victim class than Kazaa users.

    1. Re:Revealing, no? by iminplaya · · Score: 1

      ...they need to come up with a better victim class than Kazaa users...

      I'm pretty sure the "Lessig crowd" understands that the real victims are the public at large and more importantly the creators who have had to sell their soul and give up all rights to get their work published. The current copyright laws were "hand made" to protect publishers at the expense of the creators, and really do need a complete teardown and rebuild. Anybody that wants to maintain the status quo is either very naive (believing the FUD coming from the publishers), or has a lot of stock in companies like Disney and don't want to see their gravy train get de-railed. And yes, the "filesharing pirates" can be a cornerstone of a new worldwide cooperation, and they can show that contempt for bad laws is not necessarily a bad thing. The bad thing is when these bad laws breed contempt for the good ones.

      --
      What?
    2. Re:Revealing, no? by K8Fan · · Score: 1
      Yeah, "fileswapping pirates" are the cornerstone of global creativity. What will our society do without their invaluable contribution?

      Because the heyday of file-swaping, when Napster was in full swing, was the single best time in the history of recorded music sales. I'm serious...look it up.

      My wife and I had more than 13,000 MP3s available for download. Most of these are things that are not available for purchase new. Most artists release a single album. If that "flops" (i.e. doesn't sell more than 100,000 copies) they'll get dropped from the label, and the album gets deleted. Or sometimes, the label gets bought by a bigger label and the new label gets rid of artists because "...we already have someone like you". Or the label head gets fired and the new boss "cleans house" and gets rid of all his predecessor's pet artists (if they succeed, the previous guy get the credit, if they fail the new guy will get the blame - easier to just get rid of them).

      The brilliant part of Napster was being able to look through people's collections (the RIAA got rid of that) and chat with them (the IM spammers ruined that). Most of the stuff in our collection was from our LP and CD collection - we really didn't do much downloading at all after a while. The most fun bit was watching what people were getting, especially the more obscure things, and then messaging them. Then we could suggest things that they might like based on their downloads and collection.

      The industry crackdown resulted in lower sales. But, worse from the perspective of music as art, the stuff traded on Kazaa tends to be the dreck the industry is pushing the hardest.

      --
      "How perfectly Goddamn delightful it all is, to be sure" Charles Crumb
  14. Does fair use widely exist anymore? by StateOfTheUnion · · Score: 5, Insightful
    I find it tragic that what may have been assumed to be fair use a few decades ago . . . is now still protected by fair use, but now one needs an army of lawyers to protect their fair use claim.

    My personal thought is that this is an irrational fear stemming from the popularity of home printers, video editing software, and the internet (all of which weren't easily available 20 years ago); it is now much easier for someone to "fairly use" copyrighted material in their own work. In the opinion of the media conglomerates this "devalues" their intellectual property so rather than allow fair use to proceed legally, they fight it in hopes that most of the little guys will just give up trying or cower in fear of the onslaught of lawyers.

    1. Re:Does fair use widely exist anymore? by Doesn't_Comment_Code · · Score: 3, Informative

      Much of Fair Use has effectively been outlawed by the DMCA. If you buy a copyrighted work, you have the Fair Use right to make a backup copy, etc. But if the distributor has included any sort of copy protection, it is illegal to bypass the protection scheme - even though you have legal rights to the work!

      We will have to start demanding fair use rights more as consumers to win them back.

      --

      Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    2. Re:Does fair use widely exist anymore? by StateOfTheUnion · · Score: 1
      What blows my mind is that it is legal for a person making an editorial or a video for teaching a film class to use excerpts from a video tape copy of a film (this is fair uses as long as the clips are short), but if the same film is CSS'ed on a DVD and the DVD is used as the source, it's illegal for the same person to copy this same clip of the same film for the same purpose . . .

      The DVD is digital and has been copy protected so using it as the source would be a violation of the DMCA

    3. Re:Does fair use widely exist anymore? by iminplaya · · Score: 1

      Though fair use is a very strong issue, it's not THE issue as I see it. The media folks only have IP because they were able to con the creators into selling their rights to them. They are doing what they can to prevent creators from understanding that they (creators) don't need these companies to distribute their work for them anymore, thus they (creators) can distribute AND keep their rights (as provided by the gov't). The media conglomerates are the "buggy whip" manufacturers of today, and are thus obsolete.

      --
      What?
    4. Re:Does fair use widely exist anymore? by eddeye · · Score: 1
      We will have to start demanding fair use rights more as consumers to win them back.

      Unfortunately few consumers even know what fair use is, much less how to demand it. Voting with wallets won't work in this instance. You stand a better chance by giving your money to the ACLU instead. They know how to pick and choose their battles well. $1000 contributed to the ACLU will do a lot more than a $10,000 blip that never shows up in Disney's pocketbook.

      --
      Democracy is two wolves and a sheep voting on lunch.
    5. Re:Does fair use widely exist anymore? by some+guy+I+know · · Score: 1
      if the distributor has included any sort of copy protection, it is illegal to bypass the protection scheme
      I believe that the DMCA states that it is illegal to distribute methods (software, instructions, etc.) of bypassing protection schemes.
      If you devise your own method and don't distribute it, you're not breaking the law (at least, not the DMCA).
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  15. Re:Why I won't use GPL software by mtenhagen · · Score: 1

    Demanding the source and embracing capitalism goes perfectly well.

    I've worked for several companys who demanded the source for almost everything (for their embedded products). They even had to more to get the source. But when there where problems they could diagnose and solve them themselfs. Instead of being dependent on third party support.

    --
    200GB/2TB $7.95 Coupon: SAVE90DOLLAR
  16. Re:Couch Potatoes Deserve to be Kept Down by NoData · · Score: 4, Funny

    ... prestidgeous Ivy League degree ....

    ...Stop thinking like a couch potatoe.

    Dan? Is that you?

  17. America Going Down The Toilet by Recalcitrant+Labrado · · Score: 5, Interesting

    There is considerable historical material that demonstrates that societies that muzzle their creative instincts go to the rubbish bin of history faster then most. This is the danger that the U.S. faces. There is a common thread in Lessig's complaints about copyright laws, the DMCA, the SCO/Linux lawsuits, dumb patent laws and of course Microsoft's monopoly. By locking up IP you stifle the creative capabilities of the U.S. What happens if you do this? Well, the creative people either give up or move offshore to countries that do not have such restrictive rules. There they can disassemble, reverse engineer, tinker and fiddle to their hearts content without needing a bevy of lawyers. You can seee it coming now. Europe, Russia, China and maybe India are going to dominate the software industry as long as they avoid getting tied up in U.S. sponsored IP laws. The last two programs I bought are DVD backup software - from Switzerland and Germany. I don't think the software can even be legally sold in the U.S. thanks to the MPAA. "Freedom to innovate in the U.S.?" - I don't think so.

    --
    Just because I'm Paranoid doesn't mean they are not out to get me.
  18. It's going to take more than 4 seconds... by Anonymous Coward · · Score: 5, Funny

    ...of The Simpsons to save an opera documentary.

  19. Fair use = Documentary, satire, or lawyers by StateOfTheUnion · · Score: 3, Insightful
    My favorite anecdote, if one could be said to stand out, comes from a film maker documenting an opera company. When the camera caught a snippet of the stagehands watching the Simpsons with the sound turned down, the director wanted to add a four-second clip to the movie. Matt Groening said "Yes." The lawyers said it was clearly fair use. But Fox's executives responded with the kind of obscenity that doesn't upset the FCC: pay us $10,000. The clip didn't make the film because the director couldn't afford to go head-to-head with the Fox legal department.

    What a sad ancedote that shows how the conglomerates undermine the creativity and quality of new content. It seems that if it's not a research article . . . you better claim you're making an editorial or a satire (two well protected examples of fair use) or you better have a team of lawyers on retainer.

  20. They did it to themselves by Doesn't_Comment_Code · · Score: 2, Insightful

    One thing that amuses me about this whole Media-Corporations-trying-to-reel-in-technology fiasco is how much of it they create themselves. For instance, the mpeg and mpeg2 (DVD) formats were devised by these big companies. So was digital HDTV. It was these media powerhouses that forced the change from analog to digital.

    Then, one day, they say "Oh crap!" all of our media is digital and can be easily copied! We need to control it much better. Then they try to implement all sorts of technology to stop sharing that, in many cases, degrades the quality back to the analog level... or worse!

    Where do they find these people?

    --

    Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    1. Re:They did it to themselves by Anonymous Coward · · Score: 0

      On the other hand, most previous analog signals were higher quality than the new, "improved" digital signals anyway...

  21. Katz by Anonymous Coward · · Score: 0

    Is that you?

    I thought we got rid of him and this meaningless drivel a couple years ago. I guess "the man" can't keep Katz down.

  22. Re:The Trouble With Larry by corbettw · · Score: 1
    --
    God invented whiskey so the Irish would not rule the world.
  23. Re:The Trouble With Larry by Anonymous Coward · · Score: 0

    Ripoff artists? This entire post is ripping off an article from Forbes. What bothers me is the hypocrisy here.

  24. Re:The Trouble With Larry by Anonymous Coward · · Score: 1, Informative

    Lessig's response can be read at his blog

  25. Mod parent up. Also: by s20451 · · Score: 3, Insightful

    More than that:

    Are the 40+ million plus fileswapping pirates winning, or are the draconian laws crushing our creativity like a jackboot?

    Apart from being inflammatory, this question sets up a false dichotomy, which presupposes that fileswappers help innovation. Yet this is far from proven, given that almost all of the files shared by fileswappers are the same pop culture materials produced by the conglomerates.

    The reading of the review is not terribly critical, and is more like a rant.

    --
    Toronto-area transit rider? Rate your ride.
  26. Excuse me? by Otter · · Score: 0, Offtopic
    I commented in FortKnox's journal the other day that stressing about moderation is silly, so call me a hypocrite...

    What went through the alleged mind of the subliterate fuckwit Slashbot moderator who decided this was "Offtopic"? Half of it is quotes from the freaking review!

    1. Re:Excuse me? by Anonymous Coward · · Score: 0

      Half of it is quotes from the freaking review!

      Ohhhh... how I wish I had mod points so I could moderate your original post redundant.
  27. Didn't want laws and footnotes?? by Anonymous Coward · · Score: 1, Insightful
    The justices didn't want laws and footnotes, they wanted something human.

    How foolish of Lessig, to think that a Supreme Court Justice might put an emphasis on the actual law and its logical implications.

    Sheez. You'd think they were a freakin jury off the street. No wonder the law is such a mess these days.

  28. Re:Couch Potatoes Deserve to be Kept Down by maximilln · · Score: 1

    -----
    The real smart ones stay on and become graduate students and the smarter ones again become TFs
    -----
    You're ignoring the financial aspect. The "real smart ones" that don't have enough financial backing to shield them from the demands of modern life go on to get boring jobs.

    Oh wait. If you're at an Ivy League school you're inundated with yuppie brats who don't need to worry about the financial backing that it takes to tread water in everyday life.

    Okay. Your point about couch potatoes is probably 99.998% true in your environment.

    --
    +++ATHZ 99:5:80
  29. yes, but by Anonymous Coward · · Score: 0

    Nobody reads the reviews.

    Not even moderators.

  30. Re:Couch Potatoes Deserve to be Kept Down by corbettw · · Score: 1

    The couch potatoes go on to lead boring everyday lives where they just tread water.

    Or get elected to the US Senate, followed by eight years as Vice President of the US. Nowhere near as exciting as being a teacher, I'm sure, but it ain't exactly treading water, either.

    --
    God invented whiskey so the Irish would not rule the world.
  31. Re:Couch Potatoes Deserve to be Kept Down by Anonymous Coward · · Score: 0

    I'm posting anonymously for obvious reasons.
    Because you are an unabashed, egregious troll?

  32. Re:The Trouble With Larry by happyfrogcow · · Score: 3, Insightful

    Though "cut and paste" was limited to scrapbooks, creators of all stripes somehow managed to flourish.

    the things we are cutting and pasting from is no longer magazines and newspapers, why should that change anything?

    movies and websites are now our "scrapbooks" and nothing should be different.

  33. Clear Channel by caller_number_six · · Score: 2, Funny

    Some worry about the concentration of power in the radio world by companies like Clear Channel. But who listens to radio for music any longer?

    I think the real change that Clear Channel has brought about is this:

    Stores used to pay companies like muzak to pipe in a pacifying soundtrack for our shopping pleasure. But in the last ten years businesses have figured out that e.g. an actual Hall and Oates song is just as muzakky as an orchestral arrangement of a Hall and Oates song. (No offense to Mr. Hall, Mr. Oates or any other pop entertainers, but there it is.)

    Using this insight, Clear Channel is providing a pacifying soundtrack to our stuck-at-work/stuck-in-traffic pleasure.

  34. Just because the link is in the review... by turnstyle · · Score: 1

    ...doesn't mean that it's not helpful to have in the discussion too. Methinks you need to take a deep breath, and relax, eh?

    --
    Here's what I do: Bitty Browser & Andromeda
  35. Not Lessig's Intent by ckathens · · Score: 2, Insightful
    From what I gather from reading Lessig's previous book, his webpage, EFF webpage, and my personal experience as a law student studying IP and CyberLaw, you are getting two different points mixed up:
    (1) EFF & Lessig argue that filesharing and related technology is so prevailing that the old copyright regime no longer works, and it really needs to "get with the times."
    (2) They also argue that the copyright laws enacted in the last 20 years (but espceially in the last 8 years) significantly crush creativity.

    Your problem is that you mushed these two concepts together. The filesharing people are not the victims the so-called "Lessig crowd" are talking about necessarily, but instead he's talking about artists and authors.

    1. Re:Not Lessig's Intent by Otter · · Score: 1
      I'm certainly not putting words in Peter Wayner's mouth -- he's the one who explictly equated illegal filesharing with "creativity".

      Perhaps I'm being unfair to Lessig, who is certainly too bright to say something that stupid. I wrote "Lessig crowd", not "Lessig", because Wayner is clearly trying to cast himself, Cory Doctorow and Lessig into a single camp. Still, from what I've seen of Lessig's work, he doesn't do much of a job of arguing that meaningful creativity is being stifled, either. This is a book review, right? The bottom line is that the rapturous, boot-licking reviewer came away from Lessig's book with some boilerplate about Clear Channel and absolutely no sense of what "creativity" actually is. I haven't seen such shameless sucking up to k1dd13z since Jon Katz vanished.

  36. Re:Why PDF? (Bad for small screens) try HTML by G4from128k · · Score: 2, Informative

    DON'T use pdf for book distribution! Agreed! The problem with PDF is that it is based on page defintion -- defining exactly how to layout the letters. PDF has no conception fo words, sentence, paragraphs, headings, footnotes, etc. -- it all just a bunch of filled polylines sprinkled on a fixed-size rectangular space. PDF is totally incompatible with small screens. Its great for preserving the look of a page, but terrible for preserving the meaning.

    If you want a universally readable light-weight format for text document, why not use HTML. If anything HTML is more widely used and readable than PDF. HTML can do a better job of semantically meaningful markup (H1 tags vs. Demi Futura Bold 28 Point) and has nice internal and multidocument navigation functions.

    --
    Two wrongs don't make a right, but three lefts do.
  37. Re:Mod parent up. Also: by DoNotTauntHappyFunBa · · Score: 2, Insightful

    In the short term, fileswappers are probably not having much effect on creativity one way or the other.

    I would think that although much of the traffic is in top 40, there is some traffic that isn't (older stuff, rarer stuff, bootlegs maybe?). The swappers aren't really a force for creativity, but they are a force for wider distribution.

    --
    Well, hey, I didn't spend all those years playing Dungeons and Dragons and not learn a little something about courage.
  38. protest the mouse! by Anonymous Coward · · Score: 0

    What better way to protest the whole copyright fiasco than using the Mickey Mouse whose copyright would have expired in all your web pages without a copyright notice?

    oh sure, call your congressman... but that's no fun.

  39. Re:Couch Potatoes Deserve to be Kept Down by happyfrogcow · · Score: 1

    for those either too young to remember or foriegn and had more important things to care about than our inadequate politicians...

    From Wikipedia - Dan Quayle:
    "Throughout his time as Vice President, Quayle was widely ridiculed in the media and by some of the general public as a mental lightweight and was prone to verbal gaffes; as a result of this reputation, a great many apocryphal quotations are attributed to him. Most famous was his correcting a student's spelling of potato as "potatoe". When this story is related, it is usually not mentioned that Quayle was relying on a spelling bee card on which the word had been misspelled by the teacher although admittedly Quayle should have picked that up."

    This last part about it already being misspelled is new to me.

  40. Re:WARNING: LINUX USE CAUSES LIFELONG VIRGINITY by Anonymous Coward · · Score: 0
  41. "Free Mickey!" by mariox19 · · Score: 1

    I've often thought the same thing, though along slightly different lines.

    Someone -- more or less anonymous -- should come up with some kind of protest cartoon involving Mickey Mouse. Preferably, it shouldn't be too hard for moderately artistic people to draw. Then, everyone who cares should sport this cartoon on T-shirts, bumper stickers, and whatever. The design should not be sold; rather, people should reproduce it themselves, or reproduce it and share it with others.

    Web pages are a little dicey -- at least at first. You can be tracked and sent cease-and-desist letters. But, shirts and bumper stickers and homemade greeting cards will escape censure.

    What I'm really talking about is a grass roots movement. All the "Free Mitnick" graffiti has worn off by now -- it's time to replace it with "Free Mickey!"

    --

    quiquid id est, timeo puellas et oscula dantes.

    1. Re:"Free Mickey!" by Anonymous Coward · · Score: 0

      "Mickey Rat" comix was an early attempt (1972?) to do just that.

      http://www.deniskitchen.com/thestore/prods/CB_mi ck ey_rat2.html

  42. Information is Death. by torpor · · Score: 1

    You cannot defeat Death. You cannot defeat Information. Both are examples of Infinity.

    As in, there is a lot of both around, it is a free substance.

    People should be taught to -play- music, not buy it.

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  43. Web site by mariox19 · · Score: 1

    Wow! No sooner did I post the above than I thought to check if a domain had been registered. It has -- and guess whose it is? ;-)

    --

    quiquid id est, timeo puellas et oscula dantes.

  44. What!? by Anonymous Coward · · Score: 3, Funny

    That is so not how it works. On Law and Order, they show up, are shown into a court room, asked a question, then the go home to be bribed/terrorized/killed.

    1. Re:What!? by Anonymous Coward · · Score: 0

      Funny. I guess the bribing sounds preferrable to being killed.

    2. Re:What!? by Anonymous Coward · · Score: 0

      I'll take getting killed... no, wait... can I change my answer to being bribed? I hate pop quizzes.

    3. Re:What!? by Jetson · · Score: 2, Insightful
      That is so not how it works. On Law and Order, they show up, are shown into a court room, asked a question, then the go home to be bribed/terrorized/killed.

      That only happens in the second half-hour of the show, after the jury has been selected (but never sequestered).

      In any case Peter was reading while sitting through jury selection, not while acting as a juror at trial.

      Off-topic question for Peter: Did they seat a dozen before they got to you, or did the lawyers see the title of the book you were reading and toss you out on a peremptory challenge? Lawyers usually hate to have people on the jury who know the law because they're harder to bluff.

  45. Re:You missed one by Thomas+Shaddack · · Score: 1

    What about some format based on SGML or TeX, for the master documents, and a set of converters (possible even operating on-fly, or online), to produce the format you desire - HTML, PDF, formatted plaintext with specified line length, anything?

  46. Given the subtitle shouldn't it be: by Anonymous Coward · · Score: 0

    Closed Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity?

    Perhaps the word "Free" is used to trigger a knee-jerk buying reaction from zealots. Oh, I forgot, they don't pay for anything but the media costs. How much is a dead tree going for these days?

  47. I don't suppose you've ever heard of... by Atario · · Score: 1

    Plain text files?

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  48. Ayn Rand strikes again by Audacious · · Score: 1

    When I read Mr. Lessig's talks Ayn Rand's book "Atlas Shrugged" comes to mind. Big business rewriting our laws to suit themselves. As I've said in the past - monopolies and big business are nothing more than kingdoms and everyone else are the serfs.

    Kingdoms are monopolies. Do as the king says or else. It used to be the church which ran kingdoms from behind the throne. (Do it or be excommunicated.) Now it is big business. (Do it or we will change the laws to force you to do it.)

    The secret is - laws are just so many words on pieces of paper. Some words are just but many are not. Some governments are just - but many are not. Why else do you think that third world countries continue to have so many problems? And why do we?

    I tell you what! I just had an idea! Why don't we have a national black-out day? One where no one gets on the net for 24 hours! Nobody answers the phone. Nobody goes to work. Noone goes out to eat. Talk about scare big business. That would speak a lot louder than any speech given by anyone.

    --
    Someone put a black hole in my pocket and now I'm broke. :-)
    1. Re:Ayn Rand strikes again by rruvin · · Score: 1
      Kingdoms are monopolies. Do as the king says or else. It used to be the church which ran kingdoms from behind the throne. (Do it or be excommunicated.) Now it is big business. (Do it or we will change the laws to force you to do it.)

      If by "Do as the king says or else" you mean "Do as the king says or don't," I agree. Nobody forces you to do business with these corporations or to consume their products.

    2. Re:Ayn Rand strikes again by Audacious · · Score: 1
      My only reply to this would be that you may say that about some companies but I do not believe it is a valid opinion about the larger, multinational corporations.

      And as for "not forcing" - where have you been these past few years? Microsoft trial? A little thing about them forcing outlets to sign contracts? Or maybe you'd like to read up on Oracle? Or how about First Data? And what they have been up to.

      No company is pristine. But some are worse than others.

      --
      Someone put a black hole in my pocket and now I'm broke. :-)
    3. Re:Ayn Rand strikes again by Roadkills-R-Us · · Score: 1

      ``Why don't we have a national black-out day? One where no one gets on the net for 24 hours!''

      Millions of geeks in withdrawal, foaming at the mouth...

      ``Nobody answers the phone.''

      Tens of millions of anxious teenagers in withdrawal...

      Scaring big business? You're terrifying me!

  49. Informed Juries by spun · · Score: 1
    There is one bit of information that will always get you barred from a jury. That is the knowledge of the truth about the jury system. Why do we have juries? Why not just let judges make the decisions, if all the jury gets to decide on is whether or not a law was broken?

    The juries are in fact the fourth branch of government, the final check in a series of checks and balances. Suppose that Congress enacted an unfair law. Suppose that the President signed it. And suppose that the Judiciary upheld it. But suppose the majority of citizens still felt that it was unfair. This is where juries come in.

    From the front page of the Fully Informed Jury Association:

    Our mission is to inform all Americans about their rights, powers and responsibilities when serving as trial jurors. Jurors must know that they have the option and the responsibility to render a verdict based on their conscience, sense of justice, and on the merits of the law.

    That's right, citizens, as jurors you have the right and the responsibility to decide the merits of the law! This is the main reason we have juries in the first place, rather than just letting judges decide. Don't let anyone convince you otherwise, but keep it a secret. Lawyers are not even allowed to mention this fact during trial. Shhhh. Pass it on.
    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  50. Finite and Infinite Games by spun · · Score: 1

    "Finite and Infinite Games - A Vision of Life as Play and Possibility" by James P. Carse
    ISBN 0-345-34184-8, Ballantine, $4.95

    Excerpts here.

    That second line should more properly end "It is free of substance." Tee hee. ;-)

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  51. Re:Mod parent up. Also: by iminplaya · · Score: 1

    ...this question sets up a false dichotomy, which presupposes that fileswappers help innovation.

    If they are able to help eliminate bad copyright law, they would indeed help innovation. If nothing else, they can show that creators don't have to give up their gov't given rights to distribute their work. We still need to remember that copyright is NOT a natural right. It's a service provided by gov't to promote...

    --
    What?
  52. The most frequent criticism of Ayn Rand by spun · · Score: 1
    As excerpted from the end of this wiki page, which also, oddly enough, compares her to Richard Stallman:

    Another frequent criticism of AynRand is that she is full of shit; that her arguments lack rigor and are intended to misdirect the reader; and that her novels are a) poor philosophy, b) poor novels, and c) a poor way to express philosophy through a novel. (Contrast with ZenAndTheArtOfMotorcycleMaintenance). Those same people argue that AynRand was not rejected from the academic canon because of elitism, but because she is simply entirely wrong
    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  53. I trust myself by Anonymous Coward · · Score: 0

    I don't want a system controlled by other people.

    I don't want a system where I have to ask
    permission to do anything.

    I don't want a system that tries to micromanage
    my behavior.

    I don't want a system that assumes I am a
    criminal.

    I don't want a system that locks up when I do
    something some eggheads don't like, even if it's
    legal and covered under Fair Use laws.

    I don't want a system with other people's
    paws in it.

    I trust myself, I don't trust anybody else with
    MY system and MY work.

  54. Couch Potatos? by Anonymous Coward · · Score: 0

    I think they are doing a pretty good job of keeping themselves down, being that a couch potato by definition isn't up doing a dammned thing. Unless the cable goes out.

  55. Bloggier by gwalla · · Score: 1
    An excerpt from the book:

    -----
    You know, it really doesn't make sense to give the recording industry so much power over making music and stuff. They really abuse it. The MPAA too. Reply and tell me what you think.

    Off to buy some ice cream. Mmm...ice cream...

    Mood: hungry
    Now Playing: They Might Be Giants - Ana Ng
    -----
    --
    Oper on the Nightstar
  56. The REAL Problem With Larry by argoff · · Score: 1

    The real problem with Larry is that he does NOT want to get rid of copyrights. Sadly, he more than anyone else should understand the harm they cause, but instead of pushing to get rid of them - he is acting like a sellout - making like it is more important to get along with the 'copyright lords' then it is to have freedom in the information age.

    Of course, the 'copyright lords' know this and are all to happy to expolit him to persue their own agenda. I hate to say this, but the more Larry waffles about, the more he desperately tries to get along - the more he just sets himself up to be strung along like a doggie on a leash and for the rest of us to get screwed.

    What I mean, is that by avoiding a direct fight against copyrights today, and avoiding blatent civil disobedience, all he is doing is making the pain we're going to suffer tommorow worse. All that's going to happen, is that the 'copyright lords' will get more power and more abusive - and when it does come down to the ineviatable fight, more people will suffer.

  57. It's a Free book (link to html version) by jrincayc · · Score: 1

    The book is distributed under a license that allows you to convert it and redistribute it. For example, here is a version of the book Free Culture that is html (some foobared characters and missing footnotes). It's not perfect, but feel free to fix the problems and reply to this thread. So get off your lazy bum and convert the darn thing to your favorite format.

    1. Re:It's a Free book (link to html version) by Anonymous Coward · · Score: 0

      How about this one (with pics and blockquote).

  58. Heres the link to the section in free culture by jrincayc · · Score: 1

    The story is repeated in Free Culture (page 107).

  59. what's even worse by commodoresloat · · Score: 1

    is that "bloggier" is cited as an improvement of the author's prose style.

  60. Re:Mod parent up. Also: by peterwayner · · Score: 1

    Apart from being inflammatory,

    Well, yes, it's kind of that. :-)

    this question sets up a false dichotomy,

    I don't think so. Or at least I didn't mean to give that impression. These are just the two extremes. The fact that they're not really true opposites might mean that there's some hope for a middle ground. The RIAA et al, worried about losses, is painting any tool for swapping files as a tool for theft. The creators, who often use the same tools, are losing their ability to rip, mix and burn culture, something that gave us so much before.

  61. Re:Couch Potatoes Deserve to be Kept Down by BeBoxer · · Score: 1

    Dan Quayle really did say a lot of stupid things. He was never meant to be in front of a camera. Years ago, I had a quicktime movie with a bunch of clips of him saying stupid stuff. I should try to find it. My favorite Quayle quote:

    "The future will be better tomorrow!" WTF?

  62. Re:Couch Potatoes Deserve to be Kept Down by BeBoxer · · Score: 1

    I found a partial version on Google. It seems to be corrupt at the end, but most of it is there. Search for quayle.mov

  63. Post your favourite Quotes from the Book here :) by Anonymous Coward · · Score: 0

    It's the same with a thousand examples that appear everywhere once
    you begin to look. Scientists build upon the work of other scientists
    without asking or paying for the privilege. ("Excuse me, Professor Einstein,
    but may I have permission to use your theory of relativity to show
    that you were wrong about quantum physics?") Acting companies perform
    adaptations of the works of Shakespeare without securing permission
    from anyone. (Does anyone believe Shakespeare would be
    better spread within our culture if there were a central Shakespeare
    rights clearinghouse that all productions of Shakespeare must appeal
    to first?) And Hollywood goes through cycles with a certain kind of
    movie: five asteroid films in the late 1990s; two volcano disaster films
    in 1997.

  64. Inflamatory, indeed. by twitter · · Score: 1
    Apart from being inflammatory, this question sets up a false dichotomy, which presupposes that fileswappers help innovation. Yet this is far from proven, given that almost all of the files shared by fileswappers are the same pop culture materials produced by the conglomerates.

    You got proof of that?

    The whole purpose of file swapping is to get stuff you can't find easily. Saving $20 and a drive accross town for content you only want 1/10th of is a secondary consideration. Getting that recording of a concert that will never in a million years be worth some RIAA lackey's time and promotion dollar is the primary use.

    Push is dying fast. Given time, people's taste veers away from top 40 and back to what people naturally want rather than what some dork in Hollywood thinks will make the most money. Song, dance and arts existed long before mass production and people will continue to sing, dance and make artwork long after mass production is ruled by the few who have been able to make a quick buck. No money, no push, much less garbage, the world will be a better place.

    --

    Friends don't help friends install M$ junk.

  65. Prohibition and respect for the law. by a24061 · · Score: 1
    One of his most persuasive arguments is that the current law becomes more marginalized as it becomes increasingly less fair. Prohibition of alcohol corroded the law and now the increasing prohibition of fair use is eroding respect for copyright.

    That alone is an incredibly brilliant statement.

  66. Q Jury Room Amenities? by 4of12 · · Score: 1

    Haven't had the pleasure yet.

    How about if I bring my laptop? Is there WiFi?

    --
    "Provided by the management for your protection."
  67. My favorite part of the PDF... by FirstTimeCaller · · Score: 1

    where it says: "printed on acid-free paper"

    Acid-free indeed!

    And is it just me or did other's think the file was corrupted thanks to the weird horizontal lines on the cover?

    --
    Wanted: witty unique signature. Must be willing to relocate.
  68. Re:Why I won't use GPL software by Felinoid · · Score: 1

    Let's be clear: Your saying you refuse to use GPLed software becouse the GPL requires the releace of source code to the public..
    That requirement only kicks in if you modify an existing GPL application and distribute that same application.

    Fine.. so you want to modify other peoples programs and distribute them. Any software that dosen't permit this you won't use.

    Now..
    What operating system do you use?
    What web browser do you use?

    Becouse I'd like to know what web browser you can modify and distribute in binary only that runs under an operating system that also permits you to modify and distribute.

    --
    I don't actually exist.
  69. A second review of 'Free Culture' by aaronsorkin · · Score: 1
    I've just published a review of Lessig's Free Culture on my weblog here. Here's the ending:
    The giant of cyberlaw has a few prescriptions for this sad state of affairs. One is Creative Commons, the organization housed at Stanford that gives creators greater freedom over how to manage and share their digital handiworks. But a more fundamental solution lies in Lessig's call for Congress to revisit the very basis of copyright to shorten copyright terms and, importanty, to rewire its fundamentals so that everything on the Internet does not automatically fall into the regulatory black hole governed by copyright law. Lessig suggests (as others have done) remixing the law so that copyright comes into play not when someone makes a copy of something for personal use but only when someone is engaged in the true piracy of profiteering.

    His final suggestion is one of his best: Fire lots of lawyers.