Against Intellectual Monopoly

not work for newspapers or publish software to get an
estimate of 612,460 workers - this is a tiny fraction of the U.S. workforce, and about
the same number of workers employed, for example, in the furniture industry.
    2. Hesse (2002), p. 42.
    3. The copyright data is from the annual registrations reported at http://www.copyright.
gov/reports/annual/2000/appendices.pdf (accessed February 24, 2008). Since 1909,
nonliterary works were also covered by copyright. However, the next appendix in the
same source gives a breakdown of copyrighted works by category for the year 2000,
at which time literary works are 46.3 percent of the total. Assuming that the number
of nonliterary works increased linearly at a fraction of the total from 1909 to 2000
should provide a high degree of accuracy in the early and later parts of the century,
and a decent estimate in the intervening midcentury. In 1976, the starting date of
the fiscal year was changed. Hence, the four-month long fiscal "year" 1976 consists
of a weighted average of 1976 and 1977, with weights 1.0 and 0.67, respectively.
The strange decrease in registrations in 1976 is because the start date of the fiscal
year was moved; the downward spike represents a "year" that is only four months
long. Population data is from http://www.census.gov/population/estimates/nation/
popclockest.txt (accessed February 24, 2008).
    4. From http://www.copyright.gov/reports/annual/2000/appendices.pdf (accessed
February 24, 2008).

    5. Akerloff et al. (2002), p. 1.
    6. Citation from http://eon.law.harvard.edu/openlaw/eldredvashcroft/cert-petition.
html (which also features the full text of Eldred v. Ashcroft, accessed February 24,
2008).
    7. As for George Gershwin and his (absent CTEA) impoverished heirs, you may find
it somewhat entertaining to read the well-documented story of how Gershwin
borrowed freely from a variety of existing (and uncopyrighted) musical sources and
then copyrighted everything. In plain English, that is called stealing. The story is
told in Arewa (2006).
    8. The data on Edgar Rice Burroughs was accurate as of the date reported. Since
that time, some of the copyrighted Mars series books have become available online
through sellers of used copies. Hence, there is no longer much difference in availability between the copyrighted and uncopyrighted parts of the series, unless you
are one of these rare individuals who likes to buy their books new. Our point is not,
however, that copyrighted works are invariably less available than the uncopyrighted
ones, but rather that they sometimes are, and never the other way around. The claim
of copyright supporters according to which copyright increases the availability of
old books is, therefore, plainly contradicted by the facts.
    9. Speech by Courtney Love at the Digital Hollywood online entertainment conference
in New York, on May 16, 2000, published by Salon.com and retrievable at http://
dir.salon.com/story/tech/feature/2000/06/14/love/index.xml (accessed August 13,
2007).
    10. BBC News, May 18, 2004, Web site article by Ian Youngs, BBC News Online
correspondent in Cannes http://news.bbc.co.uk/2/hi/entertainment/3720455.stm
(accessed February 24, 2008).
    11. Heinlein (1939), reprinted in The Past Through Tomorrow: `Future History' Stories
Putnam and Sons, 1967, p. 25.

    13. Much of the discussion of the DMCA is drawn from the Electronic Frontier Foundation (2003).
    14. Ibid., at http://www.eff.org/IP/DMCA/20030102_dmca_unintended_consequences.
html (accessed February 24, 2008).
    15. Ibid.
    16. At http://en.wikipedia.org/wiki/Grokster on August 20, 2007. As Wikipedia's content is often modified, this exact text may not be there at a later date.
    17. U.S. Supreme Court in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., June 27,
2005. Page varies by source. Available onlines at http://w2.eff.org/IP/P2P/MGM-
v-Grokster/04-480.pdf (accessed February 24, 2008).
    18. From Mark Cuban's blog, at http://www.blogmaverick.com/entry/
1234000230037801/ (accessed February 23, 2007).
    19. At http://en.wikipedia.org/wiki/Grokster, on August 20, 2007.
20. Boynton (2004).
    21. Senator Fritz Hollings's Consumer Broadband and Digital Television Promotion
Act, S. 2048. Available at http://www.politechbot.com/docs/cbdtpa/hollings.s2048.
032102.html.
    22. Sales data on recorded music and DVDs is from http://www.riaa.com/pdf/
md_riaalOyr.pdf (last accessed June 12, 2004). At one time, the RIAA regularly