A volcano bubbling under the surface, Ray spent the mid 50's crafting timeless songs as if there were cars on an assembly[.] Start with the blasphemous fusion of Hallelujah I [L]ove Her So and This Little Girl of Mine, where Ray changes the words from loving god to loving a woman, yet, in the intensity of his performance, raises the question if he's still loving the same thing.
The anonymous encyclopedists at Wikipedia agree:
Many of the most prominent soul artists, such as Aretha Franklin, Marvin Gaye, Wilson Pickett and Al Green, had roots in the church and gospel music and brought with them much of the vocal styles of artists such as Clara Ward and Julius Cheeks. Secular songwriters often appropriated gospel songs, such as the Pilgrim Travelers' song "I've Got A New Home," which Ray Charles turned into "Lonely Avenue," or "Stand By Me," which Ben E. King and Lieber and Stoller adapted from a well-known gospel song, or Marvin Gaye's "Can I Get A Witness," which reworks traditional gospel catchphrases. In other cases secular musicians did the opposite, attaching phrases and titles from the gospel tradition to secular songs to create soul hits such as "Come See About Me" for the Supremes and "991?2Won't Do" for Wilson Pickett.
"Urban Contemporary Gospel," Wikipedia, http://en.wikipedia.org/wiki/urban_contemporary_gospel.
17. Northrop Frye, Anatomy of Criticism: Four Essays (Princeton, N.J.: Princeton University Press, 1957), 96-97.
18. John Leland, "Art Born of Outrage in the Internet Age," New York Times (September 25, 2005), D3.
19. Grand Upright Music, Ltd. v. Warner Bros. Records, Inc., 780 F. Supp. 182 (S.D.N.Y. 1991).
20. Ibid., 183.
21. Kembrew McLeod, Owning Culture: Authorship, Ownership andIntellectual Property Law (New York: Peter Lang, 2001), and SivaVaidhyanathan, Copyrights and Copywrongs: The Rise ofIntellectual Property and How It Threatens Creativity (New York:New York University Press, 2001).
22. Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792, 804n16 (6th Cir. 2005).
23. Walter Benjamin, "The Work of Art in the Age of MechanicalReproduction," in Illuminations: Essays and Reflections, ed.Hannah Arendt, trans. Harry Zohn (New York: Harcourt, Brace &World, 1968), 217-42.
24. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 583 (1994).
Notes: Chapter 6
1. Lisa de Moraes, "Kanye West's Torrent of Criticism, Live on NBC," Washington Post (September 3, 2005), C1, available at http://www.washingtonpost.com/wp- dyn/content/article/2005/09/03/AR2005090300165.html.
2. John Leland, "Art Born of Outrage in the Internet Age," New York Times (September 25, 2005), D3.
3. Ray Charles and David Ritz, Brother Ray: Ray Charles' Own Story (Cambridge, Mass.:Da Capo Press, 1978), 86.
4. Robert W. Stephens, "Soul: A Historical Reconstruction of Continuity and Change in Black Popular Music," The Black Perspective in Music 12, no. 1 (Spring 1984): 32.
5. Forever Ray, available at http://www.raycharles.com/the_man_biography.html.
6. Michael Lydon, Ray Charles (New York: Routledge, 2004), 419: "Arnold Shaw, in The Rockin' 50's says that 'I Got a Woman' is based on Jesus is All the World to Me. Because Renald Richard left Ray's band before the song was recorded, he was not at first properly credited: some record labels list [Ray Charles] alone as the songwriter. Richard, however, straightened that out with Atlantic, and he has for many years earned a substantial income from his royalties."
7. See Stephens, "Soul," 32. The standard biographical literature also repeats the same story:
In 1954 an historic recording session with Atlantic records fused gospel with rhythm-and-blues and established Charles' "sweet new style" in American music. One number recorded at that session was destined to become his first great success. Secularizing the gospel hymn "My Jesus Is All the World to Me," Charles employed the 8- and 16-measure forms of gospel music, in conjunction with the 12-measure form of standard blues. Charles contended that his invention of soul music resulted from the heightening of the intensity of the emotion expressed by jazz through the charging of feeling in the unbridled way of gospel.
"Ray Charles," Encyclopedia of World Biography, 2nd ed., vol. 3 (Detroit, Mich.: Gale Research, 1998), 469. Popular accounts offer the same story:
This young, blind, black, gravelly-voiced singer brought together the most engaging aspects of black music into one form and began the process of synthesis that led to soul and, ultimately, funk a decade later. He would turn around gospel standards like "My Jesus Is All the World to Me," recreating it as "I Got a Woman[.]"
Ricky Vincent, Funk: The Music, The People, and the Rhythm of the One (New York: St. Martin's Griffin, 1996), 121. See also Joel Hirschhorn, The Complete Idiot's Guide to Songwriting (New York: Alpha Books, 2004), 108: "I Got a Woman was Ray's rewrite of 'My Jesus Is All the World to Me.' "
Charles himself was more equivocal about the origins of the song:
So I was lucky. Lucky to have my own band at this point in my career. Lucky to be able to construct my musical building to my exact specifications. And lucky in another way: While I was stomping around New Orleans, I had met a trumpeter named Renolds [sic] Richard who by thus time was in my band. One day he brought me some words to a song. I dressed them up a little and put them to music. The tune was called "I Got a Woman," and it was another of those spirituals which I refashioned in my own way. I Got a Woman was my first real smash, much bigger than ["]Baby Let Me Hold Your Hand[.]" This spiritual-and-blues combination of mine was starting to hit.
Charles and Ritz, Brother Ray, 150.
8. See Lydon, Ray Charles, 419.
9. James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society (Cambridge, Mass.: Harvard University Press, 1996).
10. James Henke, Holly George-Warren, Anthony Decurtis, and JimMiller, The Rolling Stone Illustrated History of Rock and Roll:The Definitive History of the Most Important Artists and TheirMusic (New York: Random House, 1992), 130.
11. Great American Country, "Ray Charles Biography," available at http://www.gactv.com/gac/ar_artists_a- z/article/0,,GAC_26071_4888297,00.html.
12. "His 1955 smash 'I've Got a Woman,' for example, was adapted from a gospel number he'd liked called 'I've Got a Savior.' " Chip Deffaa, Blue Rhythms: Six Lives in Rhythm and Blues (Urbana: University of Illinois Press, 1996), 161.
13. Columbia Catalog Number CO45097, available at http://settlet.fateback.com/COL30000.htm.
14. J. C. Marion, "Ray Charles: The Atlantic Years," JammUpp 2 no. 32 (2004): 32, http://home.earthlink.net/~v1tiger/jammuppvol2.html.
15. "If one can pinpoint a moment when gospel and blues began to merge into a secular version of gospel song, it was in 1954 when Ray Charles recorded 'My Jesus Is All the World to Me,' changing its text to 'I Got A Woman.' The following year, he changed Clara Ward's 'This Little Light of Mine' to 'This Little Girl of Mine.' " Stephens, "Soul," 32.
16. Robert Lashley, "Why Ray Charles Matters," Blogcritics Magazine, December 17, 2005, http://blogcritics.org/archives/2005/12/17/032826.php:
But it was the staggering, nearly byzantine ambition that encompassed Charles' musical mind which is the foundation for his art. You can hear it in his first imprint on the pop music world, 1955's I Got A Woman. The shuffling big beat borrows from Louis Jordan's big band fusion, the backbeat is 2/4 gospel. The arrangement is lucid, not quite jazz, not quite blues, definitely not rock and roll but something sophisticated altogether. The emotions are feral, but not quite the primitiveness of rock and roll. It is the sound of life, a place where there is an ever flowing river of cool. It, you might ask? Rhythm and Blues, Ray Charles' invention.
A volcano bubbling under the surface, Ray spent the mid 50's crafting timeless songs as if there were cars on an assembly[.] Start with the blasphemous fusion of Hallelujah I [L]ove Her So and This Little Girl of Mine, where Ray changes the words from loving god to loving a woman, yet, in the intensity of his performance, raises the question if he's still loving the same thing.
The anonymous encyclopedists at Wikipedia agree:
Many of the most prominent soul artists, such as Aretha Franklin, Marvin Gaye, Wilson Pickett and Al Green, had roots in the church and gospel music and brought with them much of the vocal styles of artists such as Clara Ward and Julius Cheeks. Secular songwriters often appropriated gospel songs, such as the Pilgrim Travelers' song "I've Got A New Home," which Ray Charles turned into "Lonely Avenue," or "Stand By Me," which Ben E. King and Lieber and Stoller adapted from a well-known gospel song, or Marvin Gaye's "Can I Get A Witness," which reworks traditional gospel catchphrases. In other cases secular musicians did the opposite, attaching phrases and titles from the gospel tradition to secular songs to create soul hits such as "Come See About Me" for the Supremes and "991?2Won't Do" for Wilson Pickett.
"Urban Contemporary Gospel," Wikipedia, http://en.wikipedia.org/wiki/urban_contemporary_gospel.
17. Northrop Frye, Anatomy of Criticism: Four Essays (Princeton, N.J.: Princeton University Press, 1957), 96-97.
18. John Leland, "Art Born of Outrage in the Internet Age," New York Times (September 25, 2005), D3.
19. Grand Upright Music, Ltd. v. Warner Bros. Records, Inc., 780 F. Supp. 182 (S.D.N.Y. 1991).
20. Ibid., 183.
21. Kembrew McLeod, Owning Culture: Authorship, Ownership andIntellectual Property Law (New York: Peter Lang, 2001), and SivaVaidhyanathan, Copyrights and Copywrongs: The Rise ofIntellectual Property and How It Threatens Creativity (New York:New York University Press, 2001).
22. Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792, 804n16 (6th Cir. 2005).
23. Walter Benjamin, "The Work of Art in the Age of MechanicalReproduction," in Illuminations: Essays and Reflections, ed.Hannah Arendt, trans. Harry Zohn (New York: Harcourt, Brace &World, 1968), 217-42.
24. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 583 (1994).
Notes: Chapter 8
1. Clay Shirky, "Supernova Talk: The Internet Runs on Love," available at http://www.shirky.com/herecomeseverybody/2008/02/supernova-talk- the-internet-runs-on-love.html; see also Clay Shirky, Here Comes Everybody: The Power of Organizing Without Organizations (New York: Penguin Press, 2008).
2. See Glyn Moody, Rebel Code: Linux and the Open Source Revolution (Cambridge, Mass.: Perseus Pub., 2001); Peter Wayner, Free for All: How Linux and the Free Software Movement Undercut the High-Tech Titans (New York: HarperBusiness, 2000); Eben Moglen, "Anarchism Triumphant: Free Software and the Death of Copyright," First Monday 4 (1999), http://firstmonday.org/issues/issue4_8/index.html.
3. Proprietary, or "binary only," software is generally released only after the source code has been compiled into machine- readable object code, a form that is impenetrable to the user. Even if you were a master programmer, and the provisions of the Copyright Act, the appropriate licenses, and the DMCA did not forbid you from doing so, you would be unable to modify commercial proprietary software to customize it for your needs, remove a bug, or add a feature. Open source programmers say, disdainfully, that it is like buying a car with the hood welded shut. See, e.g., Wayner, Free for All, 264.
4. See Brian Behlendorf, "Open Source as a Business Strategy," in Open Sources: Voices from the Open Source Revolution, ed. Chris DiBona et al. (Sebastapol, Calif.: O'Reilly, 1999), 149, 163.
5. One organization theorist to whom I mentioned the idea said, "Ugh, governance by food fight." Anyone who has ever been on an organizational listserv, a global production process run by people who are long on brains and short on social skills, knows how accurate that description is. E pur si muove.
6. See Bruce Brown, "Enterprise-Level Security Made Easy," PC Magazine (January 15, 2002), 28; Jim Rapoza, "Open-Source Fever Spreads," PC Week (December 13, 1999), 1.
7. "UK Government Report Gives Nod to Open Source," Desktop Linux (October 28, 2004), available at http://www.desktoplinux.com/news/NS5013620917.html.
8. "Cases of Official Recognition of Free and Open Source Software," available at http://ec.europa.eu/information_society/activities/opensource/ca ses/index_en.htm.
9. E. Cobham Brewer, The Dictionary of Phrase and Fable (London: John Cassell, 1894), 1111-1112.
10. Richard Epstein, "Why Open Source Is Unsustainable," FT.com (October 21, 2004), available at http://www.ft.com/cms/s/2/78d9812a-2386-11d9-aee5-00000e2511c8 .html.
11. For a seminal statement, see Moglen, "Anarchism Triumphant," 45: " '[I]ncentives' is merely a metaphor, and as a metaphor to describe human creative activity it's pretty crummy. I have said this before, but the better metaphor arose on the day Michael Faraday first noticed what happened when he wrapped a coil of wire around a magnet and spun the magnet. Current flows in such a wire, but we don't ask what the incentive is for the electrons to leave home. We say that the current results from an emergent property of the system, which we call induction. The question we ask is 'what's the resistance of the wire?' So Moglen's Metaphorical Corollary to Faraday's Law says that if you wrap the Internet around every person on the planet and spin the planet, software flows in the network. It's an emergent property of connected human minds that they create things for one another's pleasure and to conquer their uneasy sense of being too alone. The only question to ask is, what's the resistance of the network? Moglen's Metaphorical Corollary to Ohm's Law states that the resistance of the network is directly proportional to the field strength of the 'intellectual property' system. So the right answer to the econodwarf is, resist the resistance."
12. Benkler's reasoning is characteristically elegant, even formal in its precision, while mine is clunkier. See Yochai Benkler, "Coase's Penguin, or, Linux and the Nature of the Firm," Yale Law Journal 112 (2002): 369-446.
13. Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (New Haven, Conn.: Yale University Press, 2006), 46-47.
14. See Karl Popper, The Open Society and Its Enemies (London: Routledge, 1945).
15. See http://www.ensembl.org.
16. See, e.g., NASA's "Clickworkers" experiment, which used public volunteers to analyze Mars landing data, available at http://clickworkers.arc.nasa.gov/top.
17. Benkler, "Coase's Penguin," 11.
18. Free Software Foundation, http://www.gnu.ai.mit.edu/philosophy/free-sw.html.
19. Exhibit A: the Internet—from the software and protocols on which it runs to the multiple volunteer sources of content and information.
20. See, e.g., the Database Investment and Intellectual Property Antipiracy Act of 1996, HR 3531, 104th Cong. (1996); The Consumer Access Bill, HR 1858, 106th Cong. § 101(1) (1999); see also Council Directive 96/9/EC of the European Parliament and the Council of 11 March 1996 on the Legal Protection of Databases, 1996 Official Journal of the European Union, L77 (27.03.1996): 20-28.
21. See generally Julie E. Cohen and Mark A. Lemley, "PatentScope and Innovation in the Software Industry," California LawReview 89 (2001): 1-58; see also Pamela Samuelson et al., "AManifesto Concerning the Legal Protection of Computer Programs,"Columbia Law Review 94 (1994): 2308-2431.
22. Uniform Computer Information Transactions Act, available at http://www.law.upenn.edu/bll/archives/ulc/ucita/2002final.htm.
24. This point has been ably made by Pamela Samuelson, Jessica Litman, Jerry Reichman, Larry Lessig, and Yochai Benkler, among others. See Pamela Samuelson, "Intellectual Property and the Digital Economy: Why the Anti-Circumvention Regulations Need to Be Revised," Berkeley Technology Law Journal 14 (1999): 519-566; Jessica Litman, Digital Copyright: Protecting Intellectual Property on the Internet (Amherst, N.Y.: Prometheus Books, 2001); J. H. Reichman and Paul F. Uhlir, "Database Protection at the Crossroads: Recent Developments and Their Impact on Science and Technology," Berkeley Technology Law Journal 14 (1999): 793-838; Lawrence Lessig, "Jail Time in the Digital Age," New York Times (July 30, 2001), A17; and Yochai Benkler, "Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain," New York University Law Review 74 (1999): 354-446. Each has a slightly different focus and emphasis on the problem, but each has pointed out the impediments now being erected to distributed, nonproprietary solutions. See also James Boyle, "Cruel, Mean, or Lavish? Economic Analysis, Price Discrimination and Digital Intellectual Property," Vanderbilt Law Review 53 (2000): 2007-2039.
25. William W. Fisher III, "Property and Contract on the Internet," Chicago-Kent Law Review 73 (1998): 1217-1218.
26. See James Boyle, "Missing the Point on Microsoft," Salon.com (April 7, 2000), http:// www.salon.com/tech/feature/2000/04/07/greenspan/index.html.
27. See "Salam Pax," Wikipedia, available at http://en.wikipedia.org/wiki/Salam_Pax.
Notes: Chapter 9
1. Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991).
2. Stephen M. Maurer, P. Bernt Hugenholtz, and Harlan J. Onsrud, "Europe's Database Experiment," Science 294 (2001): 789-790.
3. Stephen M. Maurer, "Across Two Worlds: US and European Models of Database Protection," paper commissioned by Industry Canada (2001).
4. Matthew Bender & Co. v. West Publishing Co., 158 F.3d 674 (2nd Cir. 1998).
5. James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society (Cambridge, Mass.: Harvard University Press, 1996).
6. First evaluation of Directive 96/9/EC on the legal protection of databases, DG Internal Market and Services Working Paper (Brussels, Belgium: Commission of the European Communities, 2005), 5.
7. Ibid., 22.
8. In Open Access and the Public Domain in Digital Data and Information for Science: Proceedings of an International Symposium (Washington, D.C.: National Academies Press, 2004), 69-73, available at http://books.nap.edu/openbook.php?record_id?11030&page?69.
9. Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the Re-use of Public Sector Information, Official Journal of the European Union, L 345 (31.12.2003): 90-96; Public Sector Modernisation: Open Government, Organization for Economic Co-operation and Development (2005), available at http://www.oecd.org/dataoecd/1/35/34455306.pdf; The Socioeconomic Effects of Public Sector Information on Digital Networks: Toward a Better Understanding of Different Access and Reuse Policies (February 2008 OECD conference), more information at http://www.oecd.org/document/48/0,3343,en_2649_201185_40046832_1 _1_1_1,00.html; and the government sites of individual countries in the European Union such as Ireland (-http://www.psi.gov.ie/).
10. Andrew Gowers, Gowers Review of Intellectual Property (London: HMSO, 2006), available at http://www.hm- treasury.gov.uk/media/6/E/pbr06_gowers_report_755.pdf
11. University of Cambridge Centre for Intellectual Property and Information Law, Review of the Economic Evidence Relating to an Extension of Copyright in Sound Recordings (2006), available at http://www.hm-treasury.gov.uk/media/B/4/gowers_ cipilreport.pdf.
12. Ibid., 21-22.
13. Ibid.
14. House of Commons Select Committee on Culture, Media and Sport, Fifth Report (2007), available at http://www.publications.parliament.uk/pa/cm200607/cmselect/cmcum eds/509/50910.htm.
Notes: Chapter 10
1. Jonathan Zittrain, The Future of the Internet—And How to Stop It (New Haven, Conn.: Yale University Press, 2008).
2. Of course, these are not the only assumptions, arguments, and metaphors around. Powerful counterweights exist: the ideas of Jefferson and Macaulay, which I described here, but also others, more loosely related—the Scottish Enlightenment's stress on the political and moral benefits of competition, free commerce, and free labor; deep economic and political skepticism about monopolies; the strong traditions of open science; and even liberalism's abiding focus on free speech and access to information. If you hear the slogan "information wants to be free," you may agree or disagree with the personification. You may find the idea simplistic. But you do not find it incomprehensible, as you might if someone said "housing wants to be free" or "food wants to be free." We view access to information and culture as vital to successful versions of both capitalism and liberal democracy. We apply to blockages in information flow or disparities in access to information a skepticism that does not always apply to other social goods. Our attitudes toward informational resources are simply different from our attitudes toward other forms of power, wealth, or advantage. It is one of the reasons that the Jefferson Warning is so immediately attractive. It is this attitudinal difference that makes the political terrain on these issues so fascinating.
3. Mancur Olson, The Logic of Collective Action: Public Goods and the Theory of Groups (Cambridge, Mass.: Harvard University Press, 1965) and Mancur Olson, The Rise and Decline of Nations: Economic Growth, Stagflation, and Social Rigidities (New Haven, Conn.: Yale University Press, 1982).
4. "The source of the general divergences between the values of marginal social and marginal private net product that occur under simple competition is the fact that, in some occupations, a part of the product of a unit of resources consists of something, which, instead of coming in the first instance to the person who invests the unit, comes instead, in the first instance (i.e., prior to sale if sale takes place), as a positive or negative item, to other people." Arthur C. Pigou, "Divergences between Marginal Social Net Product and Marginal Private Net Product," in The Economics of Welfare (London: Macmillan, 1932), available at http://www.econlib.org/Library/NPDBooks/Pigou/pgEW1.html. Ironically, so far as I can find, Pigou does not use the word "externality."
5. William D. Ruckelshaus, "Environmental Protection: A Brief History of the Environmental Movement in America and the Implications Abroad," Environmental Law 15 (1985): 457.
6. As always, Jessica Litman provides the clearest and most down-to-earth example. Commenting on Rebecca Tushnet's engrossing paper on fan fiction (Rebecca Tushnet, "Payment in Credit: Copyright Law and Subcultural Creativity," Law and Contemporary Problems 70 (Spring 2007): 135-174), Litman describes copyright's "balance between uses copyright owners are entitled to control and other uses that they simply are not entitled to control." Jessica Litman, "Creative Reading," Law and Contemporary Problems 70 (Spring 2007), 175. That balance, she suggests, is not bug but feature. The spaces of freedom that exist in the analog world because widespread use is possible without copying are neither oversights, nor temporarily abandoned mines of monopoly rent just waiting for a better technological retrieval method. They are integral parts of the copyright system.
7. James Boyle, "A Politics of Intellectual Property: Environmentalism for the Net?" Duke Law Journal 47 (1997): 87-116.
8. Molly Shaffer Van Houweling, "Cultural Environmentalism and the Constructed Commons," Law and Contemporary Problems 70 (Spring 2007): 23-50.
9. See http://www.eff.org/IP/, http://www.openrightsgroup.org/, http://www.publicknowledge.org/.
10. Eldred v. Ashcroft, 537 U.S. 186 (2003). Once again, Professor Lessig had the central role as counsel for petitioners.
11. See http://www.pubpat.org/.
12. See Access to Knowledge, http://www.cptech.org/a2k/. Some of Mr. Love's initiatives are discussed at http://www.cptech.org/jamie/.
13. Tim Hubbard and James Love, "A New Trade Framework for Global Healthcare R&D," PLoS Biology 2 (2004): e52.
14. WIPO Development Agenda, available at http://www.cptech.org/ip/wipo/da.html. The Geneva Declaration on the Future of the World Intellectual Property Organization, available at http://www.cptech.org/ip/wipo/futureofwipodeclaration.pdf. In the interest of full disclosure, I should note that I wrote one of the first manifestos that formed the basis for earlier drafts of the Declaration. James Boyle, "A Manifesto on WIPO and the Future of Intellectual Property," Duke Law & Technology Review 0009 (2004): 1-12, available at http://www.law.duke.edu/journals/dltr/articles/PDF/2004DLTR0009. pdf. The Adelphi Charter on Creativity, Innovation, and Intellectual Property, available at http://www.adelphicharter.org/. The Charter was issued by the British Royal Society for the Encouragement of Arts, Manufactures and Commerce (RSA). For discussion of the Charter see James Boyle, "Protecting the Public Domain," Guardian.co.uk (October 14, 2005), available at http://education.guardian.co.uk/ higher/comment/story/0,9828,1591467,00.html; "Free Ideas," The Economist (October 15, 2005), 68. Again, in the interest of full disclosure, I should note that I advised the RSA on these issues and was on the steering committee of the group that produced the Charter.
15. An example is the MacArthur Foundation Program on Intellectual Property and the Public Domain: "The General Program . . . was begun in 2002 as a short-term project to support new models, policy analysis, and public education designed to bring about balance between public and private interests concerning intellectual property rights in a digital era." See http://www.macfound.org/site/c.lkLXJ8MQKrH/b.943331/k.DA6/Genera l_Grantmaking__Intellectual_Property.htm. The Ford Foundation has a similar initiative. Frédéric Sultan, "International Intellectual Property Initiative: Ford Foundation I-Jumelage Resources," available at http://www.vecam.org/ijumelage/spip.php?article609.
16. See http://www.creativecommons.org and http://www.fsf.org.
17. This process runs counter to the assumptions of theorists of collective action problems in a way remarkable enough to have attracted its own chroniclers. See Amy Kapczynski, "The Access to Knowledge Mobilization and the New Politics of Intellectual Property," Yale Law Journal 117 (2008): 804-885. Economists generally assume preferences are simply given, individuals just have them and they are "exogenous" to the legal system in the sense that they are unaffected by the allocation of legal rights. The emergence of the movements and institutions I am describing here paints a different picture. The "preferences" are socially constructed, created through a collective process of debate and decision which shifts the level of abstraction upwards; and, as Kapczynski perceptively notes, they are highly influenced by the legal categories and rights against which the groups involved initially defined themselves.
18. See "News for Nerds: Stuff That Matters," http://www.slashdot.org, and "A Directory of Wonderful Things," http://www.boingboing.net.
19. Pub. L. No. 105-304, 112 Stat. 2860 (1998) (codified as amended in scattered sections of 5, 17, 28, and 35 U.S.C.).
20. For the former see "Content Protection," http://xkcd.com/c129.html, and "Digital Rights Management," http://xkcd.com/c86.html. For the latter, see "Copyright," http://xkcd.com/c14.html.
21. R. David Kryder, Stanley P. Kowalski, and Anatole F. Krattiger, "The Intellectual and Technical Property Components of Pro-Vitamin A Rice (GoldenRiceTM): A Preliminary Freedom-to- Operate Review," ISAAA Briefs No. 20 (2000), available at http://www.isaaa.org/Briefs/20/briefs.htm.
22. "The Supreme Court Docket: The Coming of Copyright Perpetuity," New York Times editorial (January 16, 2003), A28.
23. "Free Mickey Mouse," Washington Post editorial (January 21, 2003), A16.
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