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Piracy: The Intellectual Property Wars from Gutenberg to Gates reprint Edition
Author(s): Adrian Johns (Author)
- Publisher: University of Chicago Press
- Publication Date: 30 April 2011
- Edition: reprint
- Language: English
- Print length: 634 pages
- ISBN-10: 0226401197
- ISBN-13: 9780226401195
Book Description
Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realized—one that has been largely forgotten and is little understood.
Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today’s debates over open access, fair use, free culture, and the like, Johns’s book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce—and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns’s graceful analysis in what will be the definitive history of the subject for years to come.
Editorial Reviews
Review
"In his invaluable book Piracy, Adrian Johns argues that the tendency of intellectual property battles to undermine privacy is not new. On the contrary, Johns . . . argues that ever since the medieval and Enlightenment eras, corporations have tried to defend their economic interests by searching for intellectual piracy in the private sphere of people's homes. He says that all of our current debates about intellectual piracy--from Google's efforts to create a universal digital library to the fight over how vigorous patents should be--have antecedents in the copyright wars of earlier eras."
--Jeffrey Rosen "Washington Post"
"Adrian Johns argues that piracy is a cultural force that has driven the development of intellectual-property law, politics, and practices. As copying technologies have advanced, from the invention of printing in the sixteenth century to the present, acts of piracy have shaped endeavours from scientific publishing to pharmaceuticals and software. . . . Johns suggests, counter-intuitively, that piracy can promote the development of technology. The resulting competition forces legitimate innovators to manoeuvre for advantage--by moving quickly, using technical countermeasures or banding together and promoting reputation as an indicator of quality, such as through trademarks. . . . The exclusive rights granted by intellectual-property laws are always being reshaped by public opinion, and accused pirates have lobbied against these laws for centuries."--Michael Gollin "Nature"
"It's easy to assume, amid all the brouhaha about intellectual property, illegal downloading, and the internet in general, that the question of piracy was born with the web browser. But as long as there have been ideas, people have been accused of stealing them. In this detail-packed biography of fakery, science historian Johns describes one of the earliest attempts to protect authors' rights--a vellum-bound book registry in the Stationer's Hall in seventeenth-century London--and examines everything from the Victorian crusade against the patent, to the radio pirates of the 1920s, to the telephone phreakers of the 1970s and the computer hackers of today. Piracy is not new, he concludes, but we are due for a revolution in intellectual property, and science may be its ideal breeding ground."
-- "Seed"
"Johns makes a bold claim: disputes over intellectual piracy have touched on so many crucial issues of creativity and commerce, identity and invention, science and society, that tracing them amounts to 'a history of modernity from askance.' . . . More generally, Piracy shows us how the very notion of intellectual property--and its sharp division into the fields of patent and copyright--was created in response to specific pressures and so could be modified dramatically or even abolished. . . . 'We are constantly trying to shoehorn problems into an intellectual framework designed 150 years ago in a different world.'"
--Matthew Reisz "Times Higher Education"
"Johns's research stands as an important reminder that today's intellectual property crises are not unprecedented, and offers a survey of potential approaches to a solution."
-- "Publishers Weekly"
"While the rise of the Internet has given it new dimensions, the concept of intellectual piracy has existed for centuries, and the disputes of previous eras have much in common with those of our own time. In a new book, Piracy, Johns details the long history of the term and its battles, arguing that those who would shape the future of intellectual property should first understand its past."
-- "Inside Higher Education"
2010 Outstanding Academic Title
-- "CHOICE"
About the Author
Adrian Johns is professor of history and chair of the Committee on Conceptual and Historical Studies of Science at the University of Chicago. He is the author of The Nature of the Book: Print and Knowledge in the Making, also published by the University of Chicago Press.
Excerpt. © Reprinted by permission. All rights reserved.
Piracy
THE INTELLECTUAL PROPERTY WARS FROM GUTENBERG TO GATESBy Adrian Johns
THE UNIVERSITY OF CHICAGO PRESS
Copyright © 2009 Adrian Johns
All right reserved.
ISBN: 978-0-226-40119-5
Contents
1 A General History of the Pirates...............................................12 The Invention of Piracy........................................................173 The Piratical Enlightenment....................................................414 Experimenting with Print.......................................................575 Pharmaceutical Piracy and the Origins of Medical Patenting.....................836 Of Epics and Orreries..........................................................1097 The Land without Property......................................................1458 Making a Nation................................................................1799 The Printing Counterrevolution.................................................21310 Inventors, Schemers, and Men of Science.......................................24711 International Copyright and the Science of Civilization.......................29112 The First Pirate Hunters......................................................32713 The Great Oscillation War.....................................................35714 Intellectual Property and the Nature of Science...............................40115 The Pirate at Home and at Large...............................................43116 From Phreaking to Fudding.....................................................46317 Past, Present, and Future.....................................................497Acknowledgments..................................................................519Notes............................................................................523Index............................................................................593
Chapter One
A General History of the Pirates
In mid-2004, executives at the Tokyo headquarters of the huge electronics multinational NEC began to hear reports that its products were being counterfeited and sold in Chinese stores. Nobody was at all surprised. Reports of this kind were routine for any corporation of NEC's size and reach, and in this case they initially seemed to concern small stuff—blank DVDs and the like. The company nevertheless moved swiftly to put into action its standard response in such cases, hiring a firm called International Risk to look into the matter. There was no reason to suspect that this would prove to be anything more than yet another incident like all the others—irritating, no doubt, but impossible to suppress entirely. Piracy of this kind was the unavoidable price of doing business on a global scale.
Two years, half a dozen countries, and several continents later, what International Risk had unveiled shocked even the most jaded experts in today's industrial shenanigans. They revealed not just a few streetwise DVD pirates, but an entire parallel NEC organization. As the real company's senior vice president ruefully remarked, the pirates had "attempted to completely assume the NEC brand." Their version, like the original, was multinational and highly professional. Its agents carried business cards. They were even recruited publicly by what looked like legitimate advertising. The piratical firm had not only replicated existing NEC goods, but actively invested in research and development to devise its own. Over time, it had produced an entire range of consumer products, from MP3 players to lavish home theater systems. These goods were of high quality, with warranties emulating NEC's own (in fact, the conspiracy came to light only when users tried to exercise their warranty rights by contacting NEC). To manufacture them the impostor multinational had signed royalty arrangements with more than fifty businesses scattered through China, Hong Kong, and Taiwan, at least some of which seemed to believe they were working for the real NEC. And it had developed its own sophisticated distribution networks, allowing its products to reach a global market extending at least as far as Africa and Europe. If this was indeed, as the international press called it, the "next step in pirating," then it was a very dramatic and impressive step indeed.
When news of the pirate NEC broke in mid-2006, the story quickly winged its way across the Internet. Readers and commentators in the blogosphere reproduced the original press reports many times over. They expressed dismay at the implications. But their dismay was often accompanied by a drop of schadenfreude. Now, they realized, none of them could really be confident that the "NEC" disk drives, chips, screens, or keyboards on which they were doing their blogging were what they claimed to be. Some found this ominous, because of what it implied about knowledge in general in the networked world. Others acknowledged those implications but were only too happy to profess that they found them appealing: here was a gigantic corporation coming a cropper at the hands of unbranded outlaws who had proved themselves faster, nimbler, smarter. The Net's echo-chamber amplified the incident into a symbol of every cultural fear, epistemic doubt, and libertarian dream suggested by the digital age. Here, it seemed, was a glimpse of where everyday menaces like phishing and identity theft were inexorably leading.
This case of a doppelgänger multinational does indeed seem to mark some kind of culmination. It is hard to imagine a more spectacular act of piracy, unless perhaps one could conjure up a fake World Intellectual Property Organization. And in fact the venture came to light almost exactly on cue, just as impersonation of this kind had been identified as a growing piratical trend, set to succeed hacking and pharming as the mode of digital banditry du jour. "Brandjacking," it was called. It had even been singled out as a looming problem by the CEO of International Risk—who, not coincidentally, was a longtime veteran of the Hong Kong police experienced in tackling human kidnappings. Such piracy, he had cautioned in public speeches, was fast becoming a fact of life for the electronics and pharmaceuticals industries, with a recognizable modus operandi. An episode generally began when a legitimate company licensed a factory to manufacture its goods; the brandjackers who stood behind the factory would then take the documentation involved in the license, duplicate it, and redeploy it in order to recruit other plants. These other operations often remained blissfully unaware that they were dealing with impostors. After all, the outlaws helped themselves to the very devices—affidavits, bills, forms, contracts—that are supposed to guarantee legitimacy in modern capitalism. Especially hard to fight were brandjackers who operated across national boundaries, particularly the strait separating Taiwan from mainland China. The authorities in the People's Republic might well prove reluctant to prosecute local businesses that could plausibly claim to be acting in innocence. All of these vulnerabilities were exploited to the full by NEC's evil twin.
NEC's discomfiting experience throws into sharp relief the sheer range of phenomena that fall under the term "piracy" as it is nowadays used. They extend far beyond the piecemeal purloining of intellectual property. They reach, in fact, to the defining elements of modern culture itself: to science and technology; to authorship, authenticity, and credibility; to policing and politics; to the premises on which economic activity and...
