289
20. Universal City Studios, Inc. v. Sony Corp. of America, 480 F. Supp. 429, 438 (C.D. Cal., 1979).
21. Copyright Infringements (Audio and Video Recorders), 485 (testimony of Jack Valenti).
22. Universal City Studios, Inc. v. Sony Corp. of America, 659 F. 2d 963 (9th Cir. 1981).
23. Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 431 (1984).
24. These are the most important instances in our history, but there are other cases as well. The technology of digital audio tape (DAT), for example, was regulated by Congress to minimize the risk of piracy. The remedy Congress imposed did burden DAT producers, by taxing tape sales and controlling the technology of DAT. See Audio Home Recording Act of 1992 (Title 17 of the United States Code), Pub. L. No. 102-563, 106 Stat. 4237, codified at 17 U.S.C. §1001. Again, however, this regulation did not eliminate the opportunity for free riding in the sense I've described. See Lessig, Future, 71. See also Picker, "From Edison to the Broadcast Flag," University of Chicago Law Review 70 (2003): 293-96.
25. Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 432 (1984).
26. John Schwartz, "New Economy: The Attack on Peer-to-Peer Software Echoes Past Efforts," New York Times, 22 September 2003, C3.
"PROPERTY"
1. Letter from Thomas Jefferson to Isaac McPherson (13 August 1813) in The Writings of Thomas Jefferson, vol. 6 (Andrew A. Lipscomb and Albert Ellery Bergh, eds., 1903), 330, 333-34.
2. As the legal realists taught American law, all property rights are intangible. A property right is simply a right that an individual has against the world to do or not do certain things that may or may not attach to a physical object. The right itself is intangible, even if the object to which it is (metaphorically) attached is tangible. See Adam Mossoff, "What Is Property? Putting the Pie
