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But perhaps even more significantly, scholarship on a cell phone will be more social and more interactive -- and therefore more aligned or coincidental with teaching. We may begin thinking less in terms of scholarly publications as vetted objects, and more in terms of scholarly activities being conducted by trusted authorities. This raises profound questions about peer reviewing practices, as well it should. We are going to find that sophisticated intellectual work is going to be conducted outside of the ivory tower, and those within those elite walls must find ways to articulate their skills and knowledge through these new intellectual mechanisms (hardware, software, social practices) -- or risk getting excluded from the more consequential conversations.

But perhaps even more significantly, scholarship on a cell phone will be more social and more interactive -- and therefore more aligned or coincidental with teaching. We may begin thinking less in terms of scholarly publications as vetted objects, and more in terms of scholarly activities being conducted by trusted authorities. This raises profound questions about peer reviewing practices, as well it should. We are going to find that sophisticated intellectual work is going to be conducted outside of the ivory tower, and those within those elite walls must find ways to articulate their skills and knowledge through these new intellectual mechanisms (hardware, software, social practices) -- or risk getting excluded from the more consequential conversations.

Scholarship has in many ways retained its authority relative to its erudite isolation; but reputation and authority are rapidly evolving online within popular culture and across a vast array of online social interaction.

So, by claiming that scholarly communication must be mobile, I am also claiming that this will drive and/or accompany profound epistemological and rhetorical shifts for learned communication.

Both otaku and fujoshi

The moe character is a 'body without organs' (Deleuze and Guattari 1987), and the response to its virtual potentials is affect.

Massumi argues affect is a moment of unformed and unstructured potential (Massumi 2002). The experience, what he calls an 'intensity,' is outside of logical language and conscious control. Moe provides a word to express affect, or to identify a form that resonates and can trigger an intensity.

It is for this reason that moe is consistently misunderstood as first and foremost images of young girls instead of a response to virtual potentials

In the field interacting with otaku and fujoshi, I was constantly confronted by the concept of moe, and found it necessary to engage it.

These are both men and their discourse centers on male otaku, but I will argue from them a more general theory, applied later in the paper to fujoshi structures of desire.

Honda, a youth-oriented novelist and self-styled moe critic, defines moe as 'imaginary love'

the salient point is his judgment that a relationship with a mediated character or material representations of it is preferable to an interpersonal relationship.

the moe man is feminized

While recognizing the conservative nature of otaku sexuality, Azuma attempts to account for the schizophrenic presence of perversion in the moe image. For Azuma, otaku are postmodern subjects with multiple personalities engendered by their environment and enthusiastic media consumption

To feel moe for all characters in all situations, the narrative connecting characters or moments in time is de-emphasized.

cat ears,

response is unconnected with 'reality' and thus offers new potentials to construct and express affects.

Separating their desire from reality allowed for a new form of affect called moe.

conditioning of young girls into 'pure consumers'

Such a space is disconnected from social and political concerns, and exists for the preservation of the individual.

the media and consumption feeding into moe is a specific sort centered on affect.

Manga scholar Itou Gou argues that since the end of the 1980s characters in anime, manga and videogames became so appealing that fans desired them even without stories (Itou 2005). Ito dubs such character types 'kyara,' distinct from characters (kyarakutaa) embedded in narratives.

Proof of this can be found in the rise of 'parody' doujinshi,

The doll-like and semi-human Ayanami became the single most popular and influential character in the history of otaku anime; fans still isolate parts of the character to amplify and rearticulate in fan-produced works to inspire moe.

virtual potentiality

'moe otaku' a superficial fixation on surfaces and accelerated consumption of disposable moe kyara, impetus for him to declare this younger generation culturally 'dead'

One man I spoke with said, 'Moe is a wish for compassionate human interaction. Moe is a reaction to characters that are more sincere and pure than human beings are today.' Similarly, another man described moe as 'the ultimate expression of male platonic love.' This, he said, was far more stable and rewarding than 'real' love could ever be. Manga artist Akamatsu Ken stresses that moe is the 'maternal love' (boseiai) latent in men,[xxi] and a 'pure love' (junsui na ai) unrelated to sex, the desire to be calmed when looking at a female infant (biyoujo wo mite nagomitai) (Akamatsu 2005). 'The moe target is dependent on us for security (a child, etc.) or won't betray us (a maid, etc.). Or we are raising it (like a pet)' (Akamatsu 2005). This desire to 'nurture' (ikusei) characters is extremely common among fans. Further, moe is about the moment of affect and resists changes ('betrayal') in the future, or what Akamatsu refers to as a 'moratorium' (moratoriamu). Moe media is approached as something of a sanctuary from society (Okada 2008), and as such is couched in a discourse of purity.

I will now demonstrate how it is further possible to reduce people to characters, or to reduce reality to fantasy in pursuit of moe.

Association with the two-dimensional world, and lack of depth or access in the three-dimensional world, makes a maid moe.[

The appeal of the maid cannot purely be sexual: As many as 35 per cent of customers are women

this arose in Japan in the late stages of capitalism as a result of shifts in consumer-information society

bias towards male fans of anim

aoi erases the female presence because fans say female-male or even female-female couples[xxxvi] are too 'raw' (namanamashii). Put another way, the reality of relationships is removed from yaoi to make the moe response possible.

the ambiguous yaoi 'male' is quite literally a body without organs

Many other fujoshi I spoke with dated men even as they imagined possibilities of coupling them as characters with other men.[xl] As Saitou points out, the reality of heterosexual relationships and virtual possibilities of homosexual couplings are separate and coexistent (Saitou 2007). Journalist Sugiura Yumiko explains this as the crucial difference between fujoshi and otaku, who approach fantasy as an alternative for things that they actually want but cannot realize in this world (Sugiura 2006).[xli] A fujoshi, for example, would not 'marry' a two-dimensional character the way some otaku advocate;

Sugiura is importantly highlighting that fantasy and reality are separate and coexistent, but this is widespread in moe culture and not solely a female quality.[xlii] As much as male otaku boast of their two-dimensional wives, they often do so with levity as a self-conscious performance

While it is true that men tend to feel moe for single characters that they can possess while women feel moe for relationships or character couplings, this broad difference is fast disappearing. In truth, the media popular among so-called 'moe otaku' in recent years has come to resemble yaoi aesthetics: multiple girls in a nostalgic or fantastic world with minimal male presence and heightened emphasis on relationships and emotions

In all cases, the database (Azuma 2009) is present. The elements that constitute and indicate a certain type of top or bottom, for example glasses or hairstyle or height, are predetermined; any given top or bottom is a construct of defined character traits and behavior.

One of the most recognizable features of the moe phenomenon is the anthropomorphization of objects into objects of desire. Otaku turn cats, war machines, household appliances and even men of historical significance into beautiful little girls to trigger moe. Reality is flattened, and from it emerge polymorphous forms of stimulation. Similarly, fujoshi can rearticulate anything into beautiful boys and sexualized yaoi relations. Moe characters can be based on a written description or drawn image, a physical person or even anthropomorphized animals, plants and objects.

The erotic fantasy effectively re-mystified their world, adding a layer of potential to the mundane (the very ground under their feet!) and making the familiar queer and exciting. Latent potential so unlocked, the three friends replayed the moe relationship across other potential players such as shampoo and conditioner, knife and spoon, salt and pepper.

More startling and subversive is 'moe politics' (seiji moe), where national histories, international relations and imposing world leaders are reduced to moe characters across which yaoi romance can be read.

It should be noted that Hetaria was written by a man, and these sorts of stories are becoming increasingly popular among young men known as 'fudanshi' (rotten boys).

it precisely because it is pure that it can give birth to such perverse and polymorphous possibilities.

Embracing aca-fandom is a bad idea. Not because it's immoral or crude, but because it's too great a temptation. Those of us who make an enviable living being champions of media, particularly popular media, must also remain dissatisfied with them. We ought to challenge not only ourselves, our colleagues, and our students—but also the public and the creators of our chosen media. We ought not to be satisfied. That's the price of getting to make a living studying television, or videogames, or even Shakespeare.

Electronic literature, generally considered to exclude print literature that has been digitized, is by contrast "digital born," a first-generation digital object created on a computer and (usually) meant to be read on a computer

At the same time, because electronic literature is normally created and performed within a context of networked and programmable media, it is also informed by the powerhouses of contemporary culture, particularly computer games, films, animations, digital arts, graphic design, and electronic visual culture

Digital technologies are now so thoroughly integrated with commercial printing processes that print is more properly considered a particular output form of electronic text than an entirely separate medium. Nevertheless, electronic text remains distinct from print in that it literally cannot be accessed until it is performed by properly executed code

immediacy of code to the text's performance is fundamental to understanding electronic literature, especially to appreciating its specificity as a literary and technical production

How to maintain such conventional narrative devices as rising tension, conflict, and denouement in interactive forms where the user determines sequence continues to pose formidable problems for writers of electronic literature, especially narrative fiction.

. "Giving the audience access to the raw materials of creation runs the risk of undermining the narrative experience," she writes, while still acknowledging that "calling attention to the process of creation can also enhance the narrative involvement by inviting readers/viewers to imagine themselves in the place of the creator.

Hypertext fiction, network fiction, interactive fiction, locative narratives, installation pieces, "codework," generative art and the Flash poem are by no means an exhaustive inventory of the forms of electronic literature, but they are sufficient to illustrate the diversity of the field, the complex relations that emerge between print and electronic literature, and the wide spectrum of aesthetic strategies that digital literature employs

. Such close critical attention requires new modes of analysis and new ways of teaching, interpreting, and playing. Most crucial, perhaps, is the necessity to "think digital," that is, to attend to the specificity of networked and programmable media while still drawing on the rich traditions of print literature and criticism.

One problem with identifying the hyperlink as electronic literature's distinguishing characteristic was that print texts had long also employed analogous technology in such apparati as footnotes, endnotes, cross-reference, and so on, undermining the claim that the technology was completely novel. Perhaps a more serious problem, however, was the association of the hyperlink with the empowerment of the reader/user. As a number of critics have pointed out, notably Espen J. Aarseth, the reader/user can only follow the links that the author has already scripted.

ergodic literature

The shortcomings of importing theoretical assumptions developed in the context of print into analyses of electronic media were vividly brought to light by Espen J. Aarseth's important book Cybertext: Explorations of Ergodic Literature.

," texts in which "nontrivial effort is required to allow the reader to traverse the text"

The deepest and most provocative for electronic literature is the fifth principle of "transcoding," by which Manovich means the importation of ideas, artifacts, and presuppositions from the "cultural layer" to the "computer layer" (46).

arguing that print texts also use markup language, for example, paragraphing, italics, indentation, line breaks and so forth.

Complementing studies focusing on the materiality of digital media are analyses that consider the embodied cultural, social, and ideological contexts in which computation takes place.

electronic literature can be seen as a cultural force helping to shape subjectivity in an era when networked and programmable media are catalyzing cultural, political, and economic changes with unprecedented speed.

Liu urges a coalition between the "cool" — designers, graphic artists, programmers, and other workers within the knowledge industry — and the traditional humanities, suggesting that both camps possess assets essential to cope with the complexities of the commercial interests that currently determine many aspects of how people live their everyday lives in developed societies.

The Laws of Cool: Knowledge Work and the Culture of Information

Realizing this broader possibility requires that we understand electronic literature not only as an artistic practice (though it is that, of course), but also as a site for negotiations between diverse constituencies and different kinds of expertise.

at the heart of this anticommercial requirement of fan works is fans' fear that they will be sued by producers of content for copyright violation"

Thus, there is both a legal and social imperative to view fandom as transforming the objects of commodity culture into gifts, a transformative process "where value gets transformed into worth, where what has a price becomes priceless, where economic investment gives way to sentimental investment" (Jenkins et al. 2009b), and where bonds of community are formed and strengthened.

For other scholars, who foresee the commercialization of fandom's gift economy as an alternately unnerving and empowering inevitability, the possibility of fans monetizing their own modes of production is posed as an alternate form of preemptive "protection."

though monetizing fan practice to preserve the underlying ideals of fandom's gift economy might seem counterintuitive,

Richard Barbrook, reflecting back on his 1998 essay "The Hi-Tech Gift Economy" in 2005, acknowledges that constructing commodity culture and gift economies in binary terms is problematic.

commodity economies and gift economies are always already enmeshed,

Although De Kosnik asserts that "the existence of commercial markets for goods does not typically eliminate parallel gift economies"

Media producers, primarily through the lure of "gifted" ancillary content aimed at fans through official Web sites, are rapidly perfecting a mixed economy that obscures its commercial imperatives through a calculated adoption of fandom's gift economy, its sense of community, and the promise of participation.

The regifting economy that is emerging, I argue, is the result of the industry's careful cultivation of a parallel fan space alongside grassroots formations of fandom.

regifting economy is meant to synthesize the negative social connotations tied to the practice of regifting with a brief analysis of why acafans and existing fan communities should be aware and critical of these planned communities and their purpose as a site of initiation for the next generation of fans.

Henry Jenkins and others (2009a), adopting the term moral economy from social historian E. P. Thompson and questioning its applicability to the exchange of digital media, state that the moral economy is "governed by an implicit set of understandings about what is 'right' or 'legitimate' for each player to do."

the social stigmas attached to regifting are rooted in the act's inherent subterfuge, breaking the rules of the moral economy by masking something old as something new, something unwanted as desirable. If "the cardinal difference between gift and commodity exchange [is] that a gift establishes a feeling-bond between two people" (Hyde 1983:57), then "we cannot really become bound to those who give us false gifts" (70).

restricting the circulation o

its unrestricted movement.

Positioned precariously between official/commercial transmedia storytelling systems (Jenkins 2006:93–130) and the unofficial/gifted exchange of texts within fandom, ancillary content models downplay their commercial infrastructure by adopting the guise of a gift economy, vocally claiming that their goal is simply to give fans more—more "free" content, more access to the show's creative team. The rhetoric of gifting that accompanies ancillary content models, and the accompanying drive to create a community founded on this "gifted" content, is arguably more concerned with creating alternative revenue streams for the failing commercial model of television than it is with fostering a fan community or encouraging fan practices.

By regifting a version of participatory fan culture to a general audience unfamiliar with fandom's gift economy, these planned communities attempt to repackage fan culture, masking something old as something new

Although it could be argued that fandom also polices its boundaries and subjects, its motivations for doing so are ultimately about protecting, rather than controlling, the ideological diversity of fannish responses to the text. As Hellekson (2009) notes, "learning how to engage [with fandom and its gift economy] is part of the initiation, the us versus them, the fan versus the nonfan."

Although fandom responds to its own mainstreaming within convergence culture by fortifying its borders and rites of initiation, ancillary content models are opening their doors to casual viewers unfamiliar with what fandom has historically valued and how it functions

As this example suggests, ancillary content models offer few incentives for fans already enmeshed in grassroots creative fan communities to contribute, and there is consequently less opportunity for participants to be exposed to and initiated into those fan communities.

More frequently than not, fannish participation is restricted to enunciative forms of fan production (Fiske 1992:38), such as posting to message boards and the collaborative construction of the show's wiki.

The result, according to Kristina Busse (2006), is that "certain groups of fans can become legit if and only if they follow certain ideas, don't become too rebellious, too pornographic, don't read too much against the grain."

Perhaps one of the central reasons why fans continue to cast a wary eye at these planned communities and their construction of a "legitimate" fandom is because they recognize the gifts being given mass audiences as their own.

Some scholars posit that today all viewers are interpellated as fans, that they are invited to engage fannishly by creating content and engaging within an imaginary online community. Does this mean that the old subcultural stance of media fandom has become obsolete in the face of a general shift in media consumption? Moreover, if such convergence can allow fans to become parts of the media industry, should fans embrace these options? And how are these economic issues deeply gendered if predominantly female spaces embrace gift cultures while men are more likely to turn their fannish endeavors into for-profit projects?

Fandom is always more complicated than the stories we tell about it, and scholars need to be careful not to create an imaginary feminist idyll. Simply inverting the gaze may keep subject/object relations unquestioned—a concern that has become especially important as queer and trans studies have complicated any naive feminist binaries that may have held sway during early years of media fandom. Likewise, as [End Page 106] De Kosnik and Russo illustrate, an unequivocal embrace of noncommodified fan work remains problematic within a world that requires paying the bills.

Furthermore, Koven argues that legend ostension in popular culture texts encourages audiences to engage in "some form of postpresentation debate regarding the veracity of the legends presented" (2008, 139) (note 4). This is reflected in Supernatural; most episodes engage with narratives that are usually told in their folk context as if they were "true." Vampires, werewolves, shtrigas, the Hook Man, La Llorona, witches, Robert Johnson's rumored pact with the Devil, zombies, djinn, changelings, evil clowns, and ghosts of all kinds have been featured on the show. Moreover, Sam and Dean's methods of defeating these creatures are those which folk belief likewise deems "true": salting and burning remains, performing exorcisms, helping ghosts resolve unfinished business, casting magic spells attested to by the folklore record, and so forth.

The majority of the scholarship on fan fiction, especially slash fan fiction, understands it as a way for women to intervene creatively in male-dominated pop culture texts. Fairy tales can be said to follow a parallel tradition—like fan fiction, fairy tales are a gendered genre of storytelling. As Marina Warner notes, "although male writers and collectors have dominated the production and dissemination of popular wonder tales, they often pass on women's stories from intimate or domestic milieux" (1995, 17). Postmodern feminist writers such as Angela Carter, Anne Sexton, and Emma Donoghue reworked the "old wives' stories" collected by Perrault, the Grimms, and others, seeing in them a space to articulate female experiences and desires—a move not dissimilar to those performed by fan writers, most of whom identify as female.

In other words, to traditionalist folklorists, the "folk" were best understood as "illiterate, rural, backwards peasants" (Dundes 1980, 6), who, isolated from modern culture, retained "rural, quaint, or 'backward' elements of the culture" (Toelken 1979, 5). Underpinning this condescension was the theory of "cultural evolution," a late 19th-century adaptation of the then cutting-edge theory of Darwinian evolution to fields that had nothing to do with biology. This theory, whose primary exponents were E. B. Tylor and Andrew Lang, posited that cultures, just like individual humans, proceeded in a unilinear fashion through the stages of "savagery" (infancy), "barbarism" (childhood), and finally "civilization"—with upper-class European patriarchal Christian culture representing the pinnacle of civilization (and adulthood), of course. European peasants were, naturally, barbarians, and their folklore represented traces of earlier "stages" of civilization; information on the ancestors of civilized peoples could be supplemented with studies of contemporary "savages," such as African tribespeople (Dundes 1980, 2). Lang, in particular, argued that the child is the microcosm of the culture, and therefore, logically, the stories of lower-class "barbaric" adults were suitable material—after extensive bowdlerization—for upper-class children, as they were all on the same level of development (see Smol 1996). In other words, the still-pervasive notion that folktales, especially fairy tales, are primarily "kids' stuff" owes a great deal to 19th-century racism, classism, and religious bigotry.

Endemic to this line of theorizing is the assumption that the folklorist, the one collecting and interpreting folklore, is not of the folk: the folk are always the Other. Traditional folklorists were educated bourgeois outsiders who traveled to rural areas in their own lands—or, better yet, foreign locales—since one cannot find folklore among one's own group, because only "they" have folklore—"we" have Culture

Unlike Mulder and Scully, the Winchesters, even before Mary's death, are decidedly working-class; John, prior to becoming a homeless drifter, was a mechanic. Julia M. Wright, in a perceptive article on class in the series, argues that "to hunt in Supernatural is to be immersed in the local, not the multinational-driven culture of brand recognition and globalized consumerism, and this is understood in the series as an insistently classed move" (Wright 2008, ¶15). Although Sam and Dean often behave like professional traditional folklorists—not just by doing research, but also in the fact that they are almost always geographic outsiders to the sites they visit—they are actually amateurs, autodidacts with no formal academic training in the field (note 8).

Before getting into this episode's presentation of fairy tales, some background information is in order. Fairy tales, as a genre, are considered to be a subcategory of folktales. The category of "folktale" is a broad one, defined by most folklorists as "a narrative which is related and received as a fiction or fantasy" (Oring 1986, 126), as opposed to myths or legends, both of which are making truth claims;

Within that group of stories, fairy tales are usually understood as folktales which involve magic, particularly magical acts, objects, and transformations that are not remarked upon as unusual within the story: no one in a fairy tale stops and cries, "Wait a minute, frogs don't talk!"

While initially published for scholars, the Grimms' collection achieved some success as a book for children, and subsequent editions (seven in total, with the final and most widely available edition appearing in 1857) were extensively revised by Wilhelm Grimm to better conform to changing ideas of what was appropriate for young readers. This marked a major shift in the perceived audience,

Other revisions, documented by Tatar (1987), Jack Zipes (1991, 45–70, 2002a, 2002b), and Ruth Bottigheimer (1986), reflect a systematic imposition of bourgeois mores, particularly in the realm of gender: this included curtailing the proactivity and direct speech of heroines, while increasing them for female villains (because good women are passive and silent). This was especially noteworthy in stories that featured wicked stepmothers (note 13), as the texts often, in an exception to the general rule of harsh justice, bend over backward to exonerate fathers for their failure to protect their children

This story about fairy tales—we can call it the "recovery story"—is a rescue operation, uncovering the "real" fairy tale and liberating it from Disney oppression, and theoretically also recovering the "true" voices of the "original" tellers, usually figured as female. Versions of this approach have a long history in folklore studies, which, in the early days, tended to treat all folklore as brands rescued from the fire: in this case, the "fire" destroying a once-pure folk product is not urbanization and mechanization per se, but the stultifying effects of male collectors and male-dominated popular media.

Fairy tales have absolutely been sanitized to rid them of elements deemed unacceptable, whether those elements be violence, sexuality, nonnormative gender roles, insufficient respect for authority, or whatever bugaboos moral guardians wish to prevent young readers from encountering. In addition, female tellers, writers, and collectors have absolutely been ignored, silenced, and subsumed under the totalizing category of the anonymous "folk" by male authorities—and those male authorities such as Perrault sometimes had to turn around and defend fairy tales as worthwhile, despite the perceived feminine (or even, in the case of the French female salon writers, feminist) "taint" of the genre (Warner 1995, 168–70). I merely want to point out that, in the realm of popular culture, the "recovery narrative" is a story we tell about fairy tales, and it's one that both contradicts and relies upon the existence of the "fairy tales are sweet and innocent" narrative for its power. Disney's "normative influence" is so pervasive that any literature or media that concerns itself with fairy tales must negotiate the received Disney understanding, even if only to dismiss it.

As James R. Kincaid (1998) might put it, the best thing about innocence is the threat of its violation, and roughing up a story for kids is thrilling in a way that pre-roughed-up stories for adults are not. Thus, it is unsurprising that there are a number of horror films based explicitly on fairy tales, including Snow White: A Tale of Terror, Suspiria, Freeway, and The Company of Wolves.

Dean's snide, defensive comments spring from the centuries-long linkage of fairy tales with women: the fairy tale is a gendered genre of folklore. More to the point, fairy tales often suffer the same fate as other female-identified artistic genres such as romance, "chick flicks," and fan fiction—widespread dismissal and denigration. It is no accident that the term "fairy tale" is widely used as a synonym for "childish, unrealistic fantasy"—the kind women must be discouraged from having, at all costs.

In response, Sam invokes the recovery narrative, which, in the context of the rest of the scene, suggests a problematic conclusion: it is the goriness and sexuality of fairy tales that renders them appropriate for masculine interest.

Within the show, fairy tales do not automatically possess the status of "real" folklore, but must be shown to be both "scary" and "sexy"—as the show's UK tagline promises—to be worthy of the brothers' attention.

"Neighboring rights" refer to the rights of performers, broadcasters, and other individuals who do not author works, but play an important role in communicating them to the public.

Exceptions

As in many other countries, the term "public domain" is not mentioned in Japanese copyright laws, and thus, even though some materials are claimed to be "public domain", there can be some restrictions. Sometimes the term copyright-free is used instead.

Works authored by an individual, under his own name or a known pseudonym, are protected for fifty years following the individual's death. Works authored anonymously or under an unknown pseudonym, as well as works authored by corporations, where the individual author or authors are unknown, are protected for fifty years following publication. Japan is considering extending the duration of protection to seventy years to be more in line with the United States and other nations.

Very soon,[when?] CDs will be copy-protected in Japan.

Once implemented, it may become impossible to play copyright-protected CDs on the CD-ROM drive of a computer.

In 1992, the "Compensation System for Digital Private Recording" was introduced. According to this system, those who make digital sound or visual recordings for personal use should pay compensation to the copyright owners. This compensation is added in advance to the prices of specified digital recording equipment (DAT, DCC, MD, CD-R, CD-RW), and specified recording media (DVCR, D-VHS, MVDISC, DVD-RW, DVD-RAM) (Japan Copyright Office 2001, 17; ibid. 24).

In other words, the clever user who tries to free-ride on the original genius of the creator of this or that tune has to be educated, and forced to participate in a trusted system in order to obtain the desired tunes. No one has so far mentioned about either fair use or the reach of the public domain.

In 1997, the Japanese Copyright Law was updated to expand the coverage of the author's "right of communication to the public" (established in 1986 under the name of Rights of Broadcasting and Wire Transmission) to the stage of making it transmittable. The objects of the right of communication to the public are the activities of connecting a server to a network, and the activities of transmission

Besides these two definitions, Article 23 (1) of the Copyright Law provides that "(t)he author shall have the exclusive right to make the public transmission of his or her work (including the making transmittable of his or her work in the case of the interactive transmission)". This can be considered an expansion of the right of public transmission of authors to the preceding stage of making transmittable, available (Fujiwara 1999, 98-99; Japan Copyright Office 2001, 31), and even of a right of making transmittable that goes further than the WIPO Copyright Treaty (Ficsor 2002, 506). Apart from this, and in order to comply with the WIPO Performances and Phonograms Treaty, a right of making transmittable was also granted to performers and phonogram producers. The scope here is especially to regulate the internet broadcasting of live performances (Fujiwara 1999, 98; Japan Copyright Office 2001, 31).

when we look at it from the viewpoint of the public domain, the wider reach of the concept of communication to the public means a big limitation of the reach of this public domain. This is not a discourse against "copyright protection". Indeed, in a lot of cases, copyright protection seems to work as a system, and creates an incentive to produce. We only should be aware that the current transformations in the legislation concerning intellectual property rights — in Japan and in other countries — is moving very fast, and do not seem to take into account all facets of the story, nor remember the very basic goal of copyright, which is "to contribute to the development of culture".

In November 2000, the "Copyright Management Business Law" (4.2.2.3) was enacted. Its main purpose is to facilitate the establishment of new copyright management businesses, in order to "respond to the development of digital technologies and communication networks" (Japan Copyright Office 2001, 27). In general, we can say that this law will facilitate the rise of copyright management businesses, and possibly create a further limitation to the reach of the public domain.

In its book, "Copyright System in Japan", the title of this section is "(t)o secure the effectiveness of rights by utilizing new technologies" (Japan Copyright Office 2001, 32). This shows clearly that the Japanese government considers software to be a tool for enforcing copyright legislation. Not mentioned, however, is the possible negative side-effects concerning fair use (limitation on rights), or the reach of the public domain.

It is quite clear that with this regulation, it becomes impossible to circumvent the copyright-protection of intellectual property in the context of fair use. This means that when a CD, etc. is copyright-protected, there is not only technically no space for fair use, but also from the legislative side, there is no support for copying in the context of fair use.