21. Kembrew McLeod, Owning Culture: Authorship, Ownership and
Intellectual Property Law (New York: Peter Lang, 2001), and Siva
Vaidhyanathan, Copyrights and Copywrongs: The Rise of
Intellectual 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 Mechanical
Reproduction," 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.