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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

... the good from satisfying an infinite number of users at zero marginal cost). Pirates will copy the song, the mousetrap, the drug formula, the brand. T... ...as, at the time, thought to be dominated by foreign hackers, suicidal cults, pirates, and sleazy pornographers. (Terrorists and Nigerian spammers woul... ...ness plans relied upon showing movies in theaters and then licensing them to television stations. VCRs and Betamaxes fit nowhere in this plan; they wer... ...nt that it was a “fair use” under U.S. copyright law for consumers to record television programs for time-shifting purposes. Since fair The Internet T... ... ___ 37278_u01.qxd 8/28/08 11:04 AM Page 74 because they are trading in “pirated music.” Then there were nasty circum- stantial details, like the ... ...t really de- signed to protect DVDs against illicit copying. Commercial DVD “pirates” do not need to crack the CSS encryption. Quite the contrary: the... ... Mr. Johansen claimed that his goals were very dif- ferent from those of the pirates. The Farmers’ T ale 91 ___-1 ___0 ___ 1 37278_u01.qxd 8/28/08 1... ...s clearly disapproving, others would point out that book- stores, movies and television channels are filled with material on how to commit mur der...an... ...ights legally? I could, after all, make a videotape of the DVD playing on my television, and use that grainy, blurry image in my documentary criticizi...

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