Chapter Captain MKG: So, whatever updates we generate in segment 11 of this Chapter about the loss of anonymity in exchange for viewing & using digitized material, can be briefly referenced here in the section entitled "Anonymity". Also, I plan to update the "The Commons" section to briefly refence Lessig's commitment to The Commons through Creative Commons. Comments/suggestions welcome.

dpk: Several voluntary commons have blossomed since Code v1.0: CC, Wikipedia, GPL (et al.) software. The success of these various projects might suggest that we don't need to worry about mandatory limits for all copyright holders, perhaps leading us to believe that we can sustain a commons entirely from voluntarily contributions. And we probably can, but it seems important to distinguish these from the type of commons that is advocated for in this section. I would argue that in a similar vein to the fair use argument made earlier, technology has made a commons approach more efficient in certain areas (blogs, community knowledge, and certain types of software), but there is still something fundamentally valuable about a larger commons that reaches beyond these smaller pools of efficiency.

dpk: It may be interesting to discuss the court's response to the claim in the DeCSS? case that there should be a fair use exception to the 1201(a) prohibition on circumvention: you can always just hook up a camcorder and video tape the TV if you need to use some clip for fair use. This seems to shift all of the benefits of digital technology to the copyright holder, forcing the user to bear a much higher cost that is necessary to exercise her rights. Also troubling is the impact of the Analog Hole legislation which Congress is considering - would this bar a user from re-encoding the analog broadcast of the TV with a camcorder back into a digital format? If so, the only way to exercise fair use rights in this context would seem to be with an (antique?) analog videorecorder and a VCR.