Listing entries tagged with copyleft
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lessig: read/write internet under threat 02.17.2006, 1:51 PM
In an important speech to the Open Source Business Conference in San Francisco, Lawrence Lessig warned that decreased regulation of network infrastructure could fundamentally throw off the balance of the "read/write" internet, gearing the medium toward commercial consumption and away from creative production by everyday people. Interestingly, he cites Apple's iTunes music store, generally praised as the shining example of enlightened digital media commerce, as an example of what a "read-only" internet might look like: a site where you load up your plate and then go off to eat alone.
Lessig is drawing an important connection between the question of regulation and the question of copyright. Initially, copyright was conceived as a way to stimulate creative expression -- for the immediate benefit of the author, but for the overall benefit of society. But over the past few decades, copyright has been twisted by powerful interests to mean the protection of media industry business models, which are now treated like a sacred, inviolable trust. Lessig argues that it's time for a values check -- time to return to the original spirit of copyright:
It's never been the policy of the U.S. government to choose business models, but to protect the authors and artists... I'm sure there is a way for [new models to emerge] that will let artists succeed. I'm not sure we should care if the record companies survive. They care, but I don't think the government should.
Big media have always lobbied for more control over how people use culture, but until now, it's largely been through changes to the copyright statutes. The distribution apparatus -- record stores, booksellers, movie theaters etc. -- was not a concern since it was secure and pretty much by definition "read-only." But when we're dealing with digital media, the distribution apparatus becomes a central concern, and that's because the apparatus is the internet, which at present, no single entity controls.
Which is where the issue of regulation comes in. The cable and phone companies believe that since it's through their physical infrastructure that the culture flows, that they should be able to control how it flows. They want the right to shape the flow of culture to best fit their ideal architecture of revenue. You can see, then, how if they had it their way, the internet would come to look much more like an on-demand broadcast service than the vibrant two-way medium we have today: simply because it's easier to make money from read-only than from read/write -- from broadcast than from public access."
Control over culture goes hand in hand with control over bandwidth -- one monopoly supporting the other. And unless more moderates like Lessig start lobbying for the public interest, I'm afraid our government will be seduced by this fanatical philosophy of control, which when aired among business-minded people, does have a certain logic: "It's our content! Our pipes! Why should we be bled dry?" It's time to remind the media industries that their business models are not synonymous with culture. To remind the phone and cable companies that they are nothing more than utility companies and that they should behave accordingly. And to remind the government who copyright and regulation are really meant to serve: the actual creators -- and the public.
Posted by ben vershbow at 01:51 PM
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tags: Copyright and Copyleft , DRM , Network_Freedom , broadband , copyleft , copyright , internet , lessig , media , network_freedom , network_neutrality , policy , read/write_web
can there be a compromise on copyright? 02.08.2006, 7:19 AM
The following is a response to a comment made by Karen Schneider on my Monday post on libraries and DRM. I originally wrote this as just another comment, but as you can see, it's kind of taken on a life of its own. At any rate, it seemed to make sense to give it its own space, if for no other reason than that it temporarily sidelined something else I was writing for today. It also has a few good quotes that might be of interest. So, Karen said:
I would turn back to you and ask how authors and publishers can continue to be compensated for their work if a library that would buy ten copies of a book could now buy one. I'm not being reactive, just asking the question--as a librarian, and as a writer.
This is a big question, perhaps the biggest since economics will define the parameters of much that is being discussed here. How do we move from an old economy of knowledge based on the trafficking of intellectual commodities to a new economy where value is placed not on individual copies of things that, as a result of new technologies are effortlessly copiable, but rather on access to networks of content and the quality of those networks? The question is brought into particularly stark relief when we talk about libraries, which (correct me if I'm wrong) have always been more concerned with the pure pursuit and dissemination of knowledge than with the economics of publishing.
Consider, as an example, the photocopier -- in many ways a predecessor of the world wide web in that it is designed to deconstruct and multiply documents. Photocopiers have been unbundling books in libraries long before there was any such thing as Google Book Search, helping users break through the commodified shell to get at the fruit within.
I know there are some countries in Europe that funnel a share of proceeds from library photocopiers back to the publishers, and this seems to be a reasonably fair compromise. But the role of the photocopier in most libraries of the world is more subversive, gently repudiating, with its low hum, sweeping light, and clackety trays, the idea that there can really be such a thing as intellectual property.
That being said, few would dispute the right of an author to benefit economically from his or her intellectual labor; we just have to ask whether the current system is really serving in the authors' interest, let alone the public interest. New technologies have released intellectual works from the restraints of tangible property, making them easily accessible, eminently exchangable and never out of print. This should, in principle, elicit a hallelujah from authors, or at least the many who have written works that, while possessed of intrinsic value, have not succeeded in their role as commodities.
But utopian visions of an intellecutal gift economy will ultimately fail to nourish writers who must survive in the here and now of a commercial market. Though peer-to-peer gift economies might turn out in the long run to be financially lucrative, and in unexpected ways, we can't realistically expect everyone to hold their breath and wait for that to happen. So we find ourselves at a crossroads where we must soon choose as a society either to clamp down (to preserve existing business models), liberalize (to clear the field for new ones), or compromise.
In her essay "Books in Time," Berkeley historian Carla Hesse gives a wonderful overview of a similar debate over intellectual property that took place in 18th Century France, when liberal-minded philosophes -- most notably Condorcet -- railed against the state-sanctioned Paris printing monopolies, demanding universal access to knowledge for all humanity. To Condorcet, freedom of the press meant not only freedom from censorship but freedom from commerce, since ideas arise not from men but through men from nature (how can you sell something that is universally owned?). Things finally settled down in France after the revolution and the country (and the West) embarked on a historic compromise that laid the foundations for what Hesse calls "the modern literary system":
The modern "civilization of the book" that emerged from the democratic revolutions of the eighteenth century was in effect a regulatory compromise among competing social ideals: the notion of the right-bearing and accountable individual author, the value of democratic access to useful knowledge, and faith in free market competition as the most effective mechanism of public exchange.
Barriers to knowledge were lowered. A system of limited intellectual property rights was put in place that incentivized production and elevated the status of writers. And by and large, the world of ideas flourished within a commercial market. But the question remains: can we reach an equivalent compromise today? And if so, what would it look like? Creative Commons has begun to nibble around the edges of the problem, but love it as we may, it does not fundamentally alter the status quo, focusing as it does primarily on giving creators more options within the existing copyright system.
Which is why free software guru Richard Stallman announced in an interview the other day his unqualified opposition to the Creative Commons movement, explaining that while some of its licenses meet the standards of open source, others are overly conservative, rendering the project bunk as a whole. For Stallman, ever the iconoclast, it's all or nothing.
But returning to our theme of compromise, I'm struck again by this idea of a tax on photocopiers, which suggests a kind of micro-economy where payments are made automatically and seamlessly in proportion to a work's use. Someone who has done a great dealing of thinking about such a solution (though on a much more ambitious scale than library photocopiers) is Terry Fisher, an intellectual property scholar at Harvard who has written extensively on practicable alternative copyright models for the music and film industries (Ray and I first encountered Fisher's work when we heard him speak at the Economics of Open Content Symposium at MIT last month).
The following is an excerpt from Fisher's 2004 book, "Promises to Keep: Technology, Law, and the Future of Entertainment", that paints a relatively detailed picture of what one alternative copyright scheme might look like. It's a bit long, and as I mentioned, deals specifically with the recording and movie industries, but it's worth reading in light of this discussion since it seems it could just as easily apply to electronic books:
....we should consider a fundamental change in approach.... replace major portions of the copyright and encryption-reinforcement models with a variant of....a governmentally administered reward system. In brief, here's how such a system would work. A creator who wished to collect revenue when his or her song or film was heard or watched would register it with the Copyright Office. With registration would come a unique file name, which would be used to track transmissions of digital copies of the work. The government would raise, through taxes, sufficient money to compensate registrants for making their works available to the public. Using techniques pioneered by American and European performing rights organizations and television rating services, a government agency would estimate the frequency with which each song and film was heard or watched by consumers. Each registrant would then periodically be paid by the agency a share of the tax revenues proportional to the relative popularity of his or her creation. Once this system were in place, we would modify copyright law to eliminate most of the current prohibitions on unauthorized reproduction, distribution, adaptation, and performance of audio and video recordings. Music and films would thus be readily available, legally, for free.
Painting with a very broad brush...., here would be the advantages of such a system. Consumers would pay less for more entertainment. Artists would be fairly compensated. The set of artists who made their creations available to the world at large--and consequently the range of entertainment products available to consumers--would increase. Musicians would be less dependent on record companies, and filmmakers would be less dependent on studios, for the distribution of their creations. Both consumers and artists would enjoy greater freedom to modify and redistribute audio and video recordings. Although the prices of consumer electronic equipment and broadband access would increase somewhat, demand for them would rise, thus benefiting the suppliers of those goods and services. Finally, society at large would benefit from a sharp reduction in litigation and other transaction costs.
While I'm uncomfortable with the idea of any top-down, governmental solution, this certainly provides food for thought.
Posted by ben vershbow at 07:19 AM
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tags: Copyright and Copyleft , DRM , IP , Libraries, Search and the Web , Publishing, Broadcast, and the Press , condorcet , copyleft , copyright , creative_commons , enlightenment , france , free_software , intellectual_property , libraries , music , open_source , photocopy , printing , richar_stallman , xerox
what I heard at MIT 01.26.2006, 9:47 AM
Over the next few days I'll be sifting through notes, links, and assorted epiphanies crumpled up in my pocket from two packed, and at times profound, days at the Economics of Open Content symposium, hosted in Cambridge, MA by Intelligent Television and MIT Open CourseWare. For now, here are some initial impressions -- things I heard, both spoken in the room and ricocheting inside my head during and since. An oral history of the conference? Not exactly. More an attempt to jog the memory. Hopefully, though, something coherent will come across. I'll pick up some of these threads in greater detail over the next few days. I should add that this post owes a substantial debt in form to Eliot Weinberger's "What I Heard in Iraq" series (here and here).
Naturally, I heard a lot about "open content."
I heard that there are two kinds of "open." Open as in open access -- to knowledge, archives, medical information etc. (like Public Library of Science or Project Gutenberg). And open as in open process -- work that is out in the open, open to input, even open-ended (like Linux, Wikipedia or our experiment with MItch Stephens, Without Gods).
I heard that "content" is actually a demeaning term, treating works of authorship as filler for slots -- a commodity as opposed to a public good.
I heard that open content is not necessarily the same as free content. Both can be part of a business model, but the defining difference is control -- open content is often still controlled content.
I heard that if you build the open-access resources and demonstrate their value, the money will come later.
I heard that content should be given away for free and that the money is to be made talking about the content.
I heard that reputation and an audience are the most valuable currency anyway.
I heard that the academy's core mission -- education, research and public service -- makes it a moral imperative to have all scholarly knowledge fully accessible to the public.
I heard that if knowledge is not made widely available and usable then its status as knowledge is in question.
I heard that libraries may become the digital publishing centers of tomorrow through simple, open-access platforms, overhauling the print journal system and redefining how scholarship is disseminated throughout the world.
And I heard a lot about copyright...
I heard that probably about 50% of the production budget of an average documentary film goes toward rights clearances.
I heard that many of those clearances are for "underlying" rights to third-party materials appearing in the background or reproduced within reproduced footage. I heard that these are often things like incidental images, video or sound; or corporate logos or facades of buildings that happen to be caught on film.
I heard that there is basically no "fair use" space carved out for visual and aural media.
I heard that this all but paralyzes our ability as a culture to fully examine ourselves in terms of the media that surround us.
I heard that the various alternative copyright movements are not necessarily all pulling in the same direction.
I heard that there is an "inter-operability" problem between alternative licensing schemes -- that, for instance, Wikipedia's GNU Free Documentation License is not inter-operable with any Creative Commons licenses.
I heard that since the mass market content industries have such tremendous influence on policy, that a significant extension of existing copyright laws (in the United States, at least) is likely in the near future.
I heard one person go so far as to call this a "totalitarian" intellectual property regime -- a police state for content.
I heard that one possible benefit of this extension would be a general improvement of internet content distribution, and possibly greater freedom for creators to independently sell their work since they would have greater control over the flow of digital copies and be less reliant on infrastructure that today only big companies can provide.
I heard that another possible benefit of such control would be price discrimination -- i.e. a graduated pricing scale for content varying according to the means of individual consumers, which could result in fairer prices. Basically, a graduated cultural consumption tax imposed by media conglomerates
I heard, however, that such a system would be possible only through a substantial invasion of users' privacy: tracking users' consumption patterns in other markets (right down to their local grocery store), pinpointing of users' geographical location and analysis of their socioeconomic status.
I heard that this degree of control could be achieved only through persistent surveillance of the flow of content through codes and controls embedded in files, software and hardware.
I heard that such a wholesale compromise on privacy is all but inevitable -- is in fact already happening.
I heard that in an "information economy," user data is a major asset of companies -- an asset that, like financial or physical property assets, can be liquidated, traded or sold to other companies in the event of bankruptcy, merger or acquisition.
I heard that within such an over-extended (and personally intrusive) copyright system, there would still exist the possibility of less restrictive alternatives -- e.g. a peer-to-peer content cooperative where, for a single low fee, one can exchange and consume content without restriction; money is then distributed to content creators in proportion to the demand for and use of their content.
I heard that such an alternative could theoretically be implemented on the state level, with every citizen paying a single low tax (less than $10 per year) giving them unfettered access to all published media, and easily maintaining the profit margins of media industries.
I heard that, while such a scheme is highly unlikely to be implemented in the United States, a similar proposal is in early stages of debate in the French parliament.
And I heard a lot about peer-to-peer...
I heard that p2p is not just a way to exchange files or information, it is a paradigm shift that is totally changing the way societies communicate, trade, and build.
I heard that between 1840 and 1850 the first newspapers appeared in America that could be said to have mass circulation. I heard that as a result -- in the space of that single decade -- the cost of starting a print daily rose approximately %250.
I heard that modern democracies have basically always existed within a mass media system, a system that goes hand in hand with a centralized, mass-market capital structure.
I heard that we are now moving into a radically decentralized capital structure based on social modes of production in a peer-to-peer information commons, in what is essentially a new chapter for democratic societies.
I heard that the public sphere will never be the same again.
I heard that emerging practices of "remix culture" are in an apprentice stage focused on popular entertainment, but will soon begin manifesting in higher stakes arenas (as suggested by politically charged works like "The French Democracy" or this latest Black Lantern video about the Stanley Williams execution in California).
I heard that in a networked information commons the potential for political critique, free inquiry, and citizen action will be greatly increased.
I heard that whether we will live up to our potential is far from clear.
I heard that there is a battle over pipes, the outcome of which could have huge consequences for the health and wealth of p2p.
I heard that since the telecomm monopolies have such tremendous influence on policy, a radical deregulation of physical network infrastructure is likely in the near future.
I heard that this will entrench those monopolies, shifting the balance of the internet to consumption rather than production.
I heard this is because pre-p2p business models see one-way distribution with maximum control over individual copies, downloads and streams as the most profitable way to move content.
I heard also that policing works most effectively through top-down control over broadband.
I heard that the Chinese can attest to this.
I heard that what we need is an open spectrum commons, where connections to the network are as distributed, decentralized, and collaboratively load-sharing as the network itself.
I heard that there is nothing sacred about a business model -- that it is totally dependent on capital structures, which are constantly changing throughout history.
I heard that history is shifting in a big way.
I heard it is shifting to p2p.
I heard this is the most powerful mechanism for distributing material and intellectual wealth the world has ever seen.
I heard, however, that old business models will be radically clung to, as though they are sacred.
I heard that this will be painful.
Posted by ben vershbow at 09:47 AM
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tags: Copyright and Copyleft , Education , Network_Freedom , Publishing, Broadcast, and the Press , Remix , academia , academy , broadband , conferences_and_excursions , copyleft , copyright , creative_commons , cyberlaw , democracy , economics , economics_of_open_content , film , freedom , internet , media , monopoly , music , network , open_content , open_spectrum , p2p , politics , publishing , scholarship , technology , wikipedia
the economics of open content 01.23.2006, 9:31 AM
For the next two days, Ray and I are attending what hopes to be a fascinating conference in Cambridge, MA -- The Economics of Open Content -- co-hosted by Intelligent Television and MIT Open CourseWare.
This project is a systematic study of why and how it makes sense for commercial companies and noncommercial institutions active in culture, education, and media to make certain materials widely available for free--and also how free services are morphing into commercial companies while retaining their peer-to-peer quality.
They've assembled an excellent cross-section of people from the emerging open access movement, business, law, the academy, the tech sector and from virtually every media industry to address one of the most important (and counter-intuitive) questions of our age: how do you make money by giving things away for free?
Rather than continue, in an age of information abundance, to embrace economic models predicated on information scarcity, we need to look ahead to new models for sustainability and creative production. I look forward to hearing from some of the visionaries gathered in this room.
More to come...
Posted by ben vershbow at 09:31 AM
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tags: Copyright and Copyleft , Education , Libraries, Search and the Web , academia , conferences_and_excursions , copyleft , copyright , free_software , gift_economy , library , open_access , open_content , publishing , scholarship
defending the creative commons license 12.30.2005, 3:47 PM
interesting question came up today in the office. there's a site, surferdiary.com, that reposts every entry on if:book. they do the same for several other sites, presumably as a way to generate traffic to their site and ultimately to gather clicks on their google supplied ads. if:book entries are posted with a creative commons license which allows reuse with proper attribution but forbids commercial use. surferdiary's use seems to be thoroughly commercial. some of my colleagues think we should go after them as a way of defending the creative commons concept. would love to know what people think?
katrina: the protest remix 09.25.2005, 10:02 PMboing boing posted about it a few weeks ago, the New York Times ran an article about it today. A rap song by The Legendary K.O., samples Kanye West's "George Bush doesn't care about black people" comment on NBC. K.O.'s song (free for download) was, in turn, sampled by Marquise Lee who used it as a soundtrack for his video remix of the Katrina disaster. After watching Lee's video (which is truly amazing) read the Washington Post's transcript of Kanye West live on network TV.
The song and video have been downloaded by hundreds of thousands of "readers" who heard about the work through internet and other media channels. What does this mean for the future of the book? The New York Times sums it up nicely with this quote:
"A. J. Liebling famously commented that freedom of the press belongs to those who own one," said Mike Godwin, legal director of Public Knowledge, a First Amendment group. "Well, we all own one now."
copyright lawyers remain richest professionals 09.20.2005, 12:50 PM
Or so is the case in Korea, where the custodians of intellectual property law ranked first (apparently for the sixth straight year) in a recent personal income survey. An interesting nugget blown down the pipeline from Korean newspaper Chosun Ilbo, in an article barely longer than its headline. Though I am only able to explore the English-language edition, it seems to be a newspaper with no end of information, but little in the way of analysis. One has the feeling of reading oil, a lubricant for the economic wheels that have delivered a war-torn and psychologically divided nation into material prosperity. Korea is now a major regional power of the so-called global information economy.
The Chosun trifle nicely animates the highly abstract, but fascinating "A Hacker Manifesto" by McKenzie Wark, which I recently began reading. The manifesto is a Marxist tract for the information age, redefining the eternal class struggle in terms of intellectual property - the post-capital form of property - which is controlled by a new ruling class, the "vectoralists." The vectoralists - Bill Gates, Rupert Murdoch, or the big pharmaceutical companies would be the most obvious examples - control the vectors, or channels, of communication, and seek to subjugate the "hackers," who Wark defines as a newly coherent class of idea makers - programmers, inventors, artists and philosophers. It's an important book, and convincingly argues why the intellectual property debate is central in the struggle for liberty.
That the vectoralist class has replaced capital as the dominant exploiting class can be seen in the form that the leading corporations take. These firms divest themselves of their productive capacity, as this is no longer a source of power. They rely on a competing mass of capitalist contractors for the manufacture of their products. Their power lies in monopolizing intellectual property -- patents, copyrights and trademarks -- and the means of reproducing their value -- the vectors of communication. The privatization of information becomes the dominant, rather than a subsidiary, aspect of commodified life.
He goes on to quote from Naomi Klein:
"There is a certain logic to this progression: first, a select group of manufacturers transcend their connection to earthbound products, then, with marketing elevated as the pinnacle of their business, they attempt to alter marketing's social status as a commercial interruption and replace it with seamless integration."
Posted by ben vershbow at 12:50 PM
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tags: Copyright and Copyleft , IT , capitalism , class , communism , copyleft , copyright , hacker , hacking , intellectualproperty , korea , law , lawyer , manifesto , marxism , naomiklein , patent , seoul , vector , vectoralist , wark
fingerprinting text in the age of cut-and-paste 09.06.2005, 8:05 AM
LexisNexis CopyGuard uses pattern-matching technology to identify suspect passages in submitted documents. An easy-to-read report underlines and color codes questionable sentences, with links to the original sources.
This could be an important tool for assuring integrity not only in professional journalism, but also in the emerging class of amateur reporters. But apply it to blogs and CopyGuard might overload and shut down. Bloggers are constantly recycling text, often without clear attribution, or obvious demarcation between quote and original commentary. The bounds of plagiarism seem a bit less clear when you consider that cutting and pasting is one of the main ways we converse online.