Listing entries tagged with open_content

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access to the a2k conference 2006   04.21.2006, 1:22 PM

Jesse and I have just arrived at the Yale University to police barricades, blocked of streets, bus loads of demonstrators, and general confusion. I wish I could say that it was in support of protecting open and accessible knowledge, as we are here to attend the Access 2 Knowledge conference. However, the crowds of Falun Gong supporters (with a few Free Tibet activists in the mix) were protesting the arrival of President Hu Jintao from China. Wandering the streets of New Haven to find an unblocked entrance to the law school, Jesse and I reflected a bit on the irony of the difficulty of physically "accessing" the building where we will hear current thinking and planning on the making knowledge accessible.

The conference's stated goal is to "bring together leading thinkers and activists on access to knowledge policy from North and South, in order to generate concrete research agendas and policy solutions for the next decade...The A2K Conference aims to help build an intellectual framework that will protect access to knowledge both as the basis for sustainable human development and to safeguard human rights." Sessions will cover peer production, economics of a2k, copyright, access to science and medicine, network neutrality and privacy.

We very excited to be here, as presenters include some of our favorite IP / Copyright / Open Content thinkers: Yochai Benkler, Eric Von Hippel, Susan Crawford, and Terry Fisher. We're sure that by Sunday, we'll have more to add to the list.

Stay tuned for more.

Posted by ray cha at 01:22 PM | Comments (0) | TrackBack
tags: Eric_Von_Hippel , IP , Susan_Crawford , Terry_Fisher , Yochai_Benkler , a2k , access , conferences_excursions , copyright , open_content

wealth of networks   04.19.2006, 9:02 AM

I was lucky enough to have a chance to be at The Wealth of Networks: How Social Production Transforms Markets and Freedom book launch at Eyebeam in NYC last week. After a short introduction by Jonah Peretti, Yochai Benkler got up and gave us his presentation. The talk was really interesting, covering the basic ideas in his book and delivered with the energy and clarity of a true believer. We are, he says, in a transitional period, during which we have the opportunity to shape our information culture and policies, and thereby the future of our society. From the introduction:

This book is offered, then, as a challenge to contemporary legal democracies. We are in the midst of a technological, economic and organizational transformation that allows us to renegotiate the terms of freedom, justice, and productivity in the information society. How we shall live in this new environment will in some significant measure depend on policy choices that we make over the next decade or so. To be able to understand these choices, to be able to make them well, we must recognize that they are part of what is fundamentally a social and political choice—a choice about how to be free, equal, productive human beings under a new set of technological and economic conditions.

During the talk Benkler claimed an optimism for the future, with full faith in the strength of individuals and loose networks to increasingly contribute to our culture and, in certain areas, replace the moneyed interests that exist now. This is the long-held promise of the Internet, open-source technology, and the infomation commons. But what I'm looking forward to, treated at length in his book, is the analysis of the struggle between the contemporary economic and political structure and the unstructured groups enabled by technology. In one corner there is the system of markets in which individuals, government, mass media, and corporations currently try to control various parts of our cultural galaxy. In the other corner there are individuals, non-profits, and social networks sharing with each other through non-market transactions, motivated by uniquely human emotions (community, self-gratification, etc.) rather than profit. Benkler's claim is that current and future technologies enable richer non-market, public good oriented development of intellectual and cultural products. He also claims that this does not preclude the development of marketable products from these public ideas. In fact, he sees an economic incentive for corporations to support and contribute to the open-source/non-profit sphere. He points to IBM's Global Services division: the largest part of IBM's income is based off of consulting fees collected from services related to open-source software implementations. [I have not verified whether this is an accurate portrayal of IBM's Global Services, but this article suggests that it is. Anecdotally, as a former IBM co-op, I can say that Benkler's idea has been widely adopted within the organization.]

Further discussion of book will have to wait until I've read more of it. As an interesting addition, Benkler put up a wiki to accompany his book. Kathleen Fitzpatrick has just posted about this. She brings up a valid criticism of the wiki: why isn't the text of the book included on the page? Yes, you can download the pdf, but the texts are in essentially the same environment—yet they are not together. This is one of the things we were trying to overcome with the Gamer Theory design. This separation highlights a larger issue, and one that we are preoccupied with at the institute: how can we shape technology to allow us handle text collaboratively and socially, yet still maintain an author's unique voice?

Posted by jesse wilbur at 09:02 AM | Comments (3) | TrackBack
tags: IBM , benkler , book , book_launch , collaboration , commons , economics , eyebeam , internet , open_content , open_source , politics , public , publishing_broadcast_and_the_press , the_networked_book , wealth_of_networks , wiki

the value of voice   02.03.2006, 9:00 AM

We were discussing some of the core ideas that circulate in the background of the Institute and flow in and around the projects we work on—Sophie, next\text, Thinking Out Loud—and how they contrast with Wikipedia (and other open-content systems). We seem obsessed with Wikipedia, I know, but it presents us with so many points to contrast with traditional styles of authorship and authority. Normally we'd make a case for Wikipedia, the quality of content derived from mass input, and the philosophical benefits of openness. Now though, I'd like to step back just a little ways and make a case for the value of voice.

Presumably the proliferation of blogs and self-publishing indicates that the cultural value of voice is not in any danger of being swallowed by collaborative mass publishing. On the other hand, the momentum surrounding open content and automatic recombination is discernibly mounting to challenge the author's historically valued perch.

I just want to note that voice is not the same as authority. We've written about the crossover between authorship and authority here, here, and here. But what we talked about yesterday was not authority—rather, it was a discussion about the different ethos that a work has when it is imbued with a recognizable voice.

Whether the devices employed are thematic, formal, or linguistic, the individual crafts a work that is centripetal, drawing together in your mind even if the content is wide-ranging. This is the voice, the persona that enlivens pages of text with feeling. At an emotional level, the voice is the invisible part of the work that we identify and connect with. At a higher level, voice is the natural result of the work an author has put effort into researching and collating the information.

Open systems naturally struggle to develop the singular voice of highly authored work. An open system's progress relies on rules to manage the continual process of integrating content written by different contributors. This gives open works a mechanical sensibility, which works best with fact-based writing and a neutral point of view. Wikipedia, as a product, has a high median standard for quality. But that quality is derived at the expense of distinctive voices.

This is not to say that Wikipedia is without voice. I think most people would recognize a Wikipedia article (or, really, any encyclopedia article) by its broad brush strokes and purposeful disengagement with the subject matter. And this is the fundamental point of divide. An individual's work is in intimate dialogue with the subject matter and the reader. The voice is the unique personality in the work.

Both approaches are important, and we at the Institute hope to navigate the territory between them by helping authors create texts equipped for openness, by exploring boundaries of authorship, and by enabling discourse between authors and audiences in a virtuous circle. We encourage openness, and we like it. But we cannot underestimate the enduring value of individual voice in the infinite digital space.

Posted by jesse wilbur at 09:00 AM | Comments (7)
tags: authority , authorship , open_content , voice , wikipedia

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 for "open" to win real user investment that will feedback innovation and even result in profit, it has to be really open, not sort of open. Otherwise "open" will always be a burden.

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 | Comments (6)
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

fair use and the networked book   01.23.2006, 3:29 PM

I just finished reading the Brennan Center for Justice's report on fair use. This public policy report was funded in part by the Free Expression Policy Project and describes, in frightening detail, the state of public knowledge regarding fair use today. The problem is that the legal definition of fair use is hard to pin down. Here are the four factors that the courts use to determine fair use:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Unfortunately, these criteria are open to interpretation at every turn, and have provided little with which to predict any judicial ruling on fair use. In a lawsuit, no one is sure of the outcome of their claim. This causes confusion and fear for individuals and publishers, academics and their institutions. In many cases where there is a clear fair use argument, the target of copyright infringement action (cease and desist, lawsuit) does not challenge the decision, usually for financial reasons. It's just as clear that copyright owners pursue the protection of copyright incorrectly, with plenty of misapprehension about what qualifies for fair use. The current copyright law, as it has been written and upheld, is fraught with opportunities for mistakes by both parties, which has led to an underutilization of cultural assets for critical, educational, or artistic purposes.

This restrictive atmosphere is even more prevalent in the film and music industries. The RIAA lawsuits are a well-known example of the industry protecting its assets via heavy-handed lawsuits. The culture of shared use in the movie industry is even more stifling. This combination of aggressive control by the studio and equally aggressive piracy is causing a legislative backlash that favors copyright holders at the expense of consumer value. The Brennan report points to several examples where the erosion of fair use has limited the ability of scholars and critics to comment on these audio/visual materials, even though they are part of the landscape of our culture.

That's why Posted by jesse wilbur at 03:29 PM | Comments (4)
tags: Copyright and Copyleft , brennan_center , copyright , creative_commons , fair_use , law , open_content

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 | Comments (0)
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

who owns the network?   01.12.2006, 5:15 PM

Susan Crawford recently floated the idea of the internet network (see comments 1 and 2) as a public trust that, like America's national parks or seashore, requires the protection of the state against the undue influence of private interests.

...it's fine to build special services and make them available online. But broadband access companies that cover the waterfront (literally -- are interfering with our navigation online) should be confronted with the power of the state to protect entry into this self-owned commons, the internet. And the state may not abdicate its duty to take on this battle.

Others argue that a strong government hand will create as many problems as it fixes, and that only true competition between private, municipal and grassroots parties -- across not just broadband, but multiple platforms like wireless mesh networks and satellite -- can guarantee a free net open to corporations and individuals in equal measure.

Discussing this around the table today, Ray raised the important issue of open content: freely available knowledge resources like textbooks, reference works, scholarly journals, media databases and archives. What are the implications of having these resources reside on a network that increasingly is subject to control by phone and cable companies -- companies that would like to transform the net from a many-to-many public square into a few-to-many entertainment distribution system? How open is the content when the network is in danger of becoming distinctly less open?

Posted by ben vershbow at 05:15 PM | Comments (12)
tags: ISP , Libraries, Search and the Web , Network_Freedom , broadband , internet , open_access , open_content