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| Acknowledgments | |
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| Disclaimer | |
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| Introduction | |
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| How the Copyright Wars Are Being Fought and Why | |
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| The Copyright Wars and Business Models | |
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| The Internet and Push versus Pull Marketing | |
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| Appetite for Self-Destruction: The Record Industry's Failure to Offer an Alternative to Napster | |
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| The Copyright Wars and the Great Cultural Revolution | |
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| The Digital Guillotine | |
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| The Copyright Wars and Framing | |
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| The Copyright Wars and Piracy | |
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| The Copyright Wars and Marketing Myopia | |
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| Control as the Business Model | |
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| Chicken Little and False Figures | |
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| Copyright, Innovation, and Joseph Schumpeter's "Creative Destruction" | |
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| The Copyright Wars as a Rearguard Effort to Stave Off Innovation | |
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| The Role of Metaphors in Understanding | |
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| Figurative Metaphors | |
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| I.A. Richards and the Beginning of Conceptual Metaphors | |
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| Max Black's Theory of Associated Commonplaces | |
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| The Role of Repetition in Metaphors | |
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| Conceptual Metaphors | |
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| Metaphors and Emotion | |
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| Emotions and Cognitive Misers | |
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| Metaphors and the Law | |
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| Ideas as Metaphors | |
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| The Mythical Origins of Copyright and Three Favorite Copyright Metaphors | |
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| The Mythical Origins of Copyright | |
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| The Utilitarian/Consequentialist Origin Story | |
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| Competition and IP Rights | |
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| The Labor Origin Story | |
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| Natural Rights and Geniuses | |
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| Copyright Has Historically Been Unimportant to Authors | |
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| Three Favorite Copyright Metaphors | |
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| Authors as the Parents of their Works: The Birth Metaphor | |
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| No Author Is an Island | |
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| Copyright Is an Economic Commodity | |
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| Orphan Works | |
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| The Agrarian Metaphor: Reaping What You Haven't Sown | |
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| Origins of the Metaphor | |
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| Rejection of the Metaphor in the United States | |
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| Forms of the Metaphor | |
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| Thieves and Trespassers, Pirates and Parasites | |
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| Property as Social Relationships | |
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| The Myths of Economic Freedom and Market Fundamentalism | |
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| Social Relationships | |
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| Use of Metaphors in Establishing Claims to Property Rights | |
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| Blackstone and the Nature of Property | |
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| Why Classifying Copyright as Property Is Important in the Copyright Wars | |
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| Copyright as Social Relations, Not as a Property Right | |
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| The Ahistorical Claim that Copyright Is a Natural Property Right | |
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| Authors and Trickle Down Economics | |
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| Copyright Now as Then: Plus &ccidle;a Change, Plus C'est la M&ehat;me Chose | |
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| Copyright as a Statutory Tort | |
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| Property Rights Involve Burdens, Not Just Benefits | |
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| Why Do Copyright Owners Continue to Refer to Copyright as a Property Right? | |
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| Property Rights as a Burden-Shifting Tool | |
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| The Endowment and Attachment Effects | |
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| The Endowment Effect | |
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| The Attachment Effect | |
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| Moral Panics, Folk Devils, and Fear as a Tactical Weapon | |
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| Moral Panics | |
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| Folk Devils | |
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| Copyright Owners and Moral Panics | |
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| Jack Valenti: Master of Moral Panics | |
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| Moral Panics, Home Video, and the Boston Strangler: The Real Story | |
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| The Home Video Market and Thomas Edison | |
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| Cartrivision and the First Home Rental Market | |
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| The Betamax Case and the Fight for the Home Video Market | |
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| Hollywood and Video Rental | |
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| The Redbox Suit | |
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| The Digital Millennium Copyright Act | |
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| Access Controls | |
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| Take-Down Notices Under the DMCA: Suppression of Free Speech and Creativity | |
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| How Innovation Occurs: Creative Destruction and Disruptive Technologies | |
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| The Design of the Internet and the World Wide Web | |
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| The Barbarian as the Gatekeeper | |
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| The Associated Press | |
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| ACAP | |
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| South Korea and Japan: The Future Is Here | |
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| South Korea | |
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| Japan | |
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| Conclusion | |
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| Notes | |
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| Index | |