Posts Tagged ‘copyright’

Inspired, but depressed

Two things.

  1. This: Does street art make people become bikies? (found via @Tarale)
  2. Why is there this huge push to regulate culture?  Graffiti causes you to become a bikie?  Oh, so I must be a bikie?  Having participated in many graffiti activities, and almost getting a second place in a Graffiti competition[1], I can most assuredly say, I am not a bikie! Okay, yes, I used to ride a motorbike, and a big mob of us used to go riding out around Alice Springs, but I’m not what anyone would call a bikie.  Besides, the biking happened years before the graffiti.  The thing that will make Graffiti artists criminals is the criminalisation of graffiti.

    Here’s a thought: rather than fining, jailing, remanding, punishing them, let’s try educating them.  I don’t mean educating them about the horrors of graffiti, I mean educating them about the artform.  Let’s get them together with artists (some of whom have problems making enough to live on) and have them learn about composition and colour and all of the concepts that lead to pleasing artforms[2].  Let’s pay the artists, let’s get them working on all the ugly structures and bits of our community.  Let’s start them on the shipping containers and trains.  Think about how much more pleasing it would be to wait for a long train to pass if it was decorated with images and colour.  Let’s get some retired/out of work engineers to train aspiring artists on safety around these behemoths.  Let’s harness their creativity and need to make their mark to enhance our lives, not force them into a life of ‘crime’.

  3. This: Lawrence Lessig – Getting the Network the World Needs at OFC/NFOEC 2009
  4. This video is both inspiring and depressing for similar reasons as above.  Why ARE we criminalising our youth? Why is there this push to control everything, to maintain the status quo, to deny the evolution of culture?  In some ways, I, too, believe in copyright, but I’m a copyright minimalist.  I believe we should get back to the original purpose of copyright, as set forth in the Statute of Anne, which was to stop the commercial exploitation of a creative work without the permission of the creator and that it was a very limited time (initially around 14-21 years).  My reading of the Statute of Anne is that it was done to protect creators from publishers.  We really need to ensure that creators do get recognition and some financial reward for their works.

    But what we have now, and what’s hinted at in Lessig’s talk, is that the publishers have slowly manipulated copyright, both the law and its application, to their benefit.  Whenever we do anything creative, we have to hand over the copyright to publishers so the can ‘protect‘ our work.  What they do is another word starting with P and that’s profit[3].  Why are publishers exploiting the creators so heavily?  Why are they always saying they’ll protect our works, but not us? Can we please change the rules back?

Inspired?

That all sounds so depressing and it is.  Criminalising our youth is depressing.  The inspiration comes from our youth.  The ways they are shaping what we know are inspiring.  I love seeing how people (regardless of age) rethink the things they see things and that is central to what it is I love about my job.  But it’s all becoming too hard.  If we aren’t careful, learning will become a criminal act, because there isn’t an idea in the world that can’t be said to have its genesis somewhere else.

  1. We did win second prize, until they found out what FIGJAM stood for, then we were disqualified []
  2. of course, beauty is in the eye of the beholder, so I’ll say no more about that []
  3. Question: Are publishers Ferengi bound by the Rules of Acquisition? []

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What price our culture?

I’ve been reading up (again) on Project Xanadu again for MWT[1].  This forms part of the history of hypertext.  But I always feel a dis-ease at some of the concepts embodied in that ‘proposal’.  According to the page at Wikipedia, one of the 17 Rules of Xanadu[2] is that each individual is uniquely identified.  Each document is uniquely (and securely) identified[3].  Each use (transclusion) includes a royalty mechanism at any desired degree of granularity to ensure payment on any portion accessed[4]. So that idea I just copied from Wikipedia?  Transcluded.  It would require a royalty payment and an automatic link backwards and forwards and indelibly.

So what would happen if I dumped this blog? Erased this post?  Maybe I couldn’t because of the transclusion.  But that’s not really my point.

The thing I really like about Wikipedia is directly (and inversely) related to what I am uncomfortable with about Xanadu, about the idea of putting a price on our culture.  Wikipedia allows us free and unfettered access to culturally relelvant ideas.  Yes, there are issues about what is included or excluded from Wikipedia, but generally, if you want an overview of a topic, Wikipedia has it.  And it’s free.

This is also the problem I have with the Recording (music) and Movie industries.  They seem to want to create our culture[5], but they also want us to pay and pay and pay. When we hear a piece of music that speaks to us, that we share with our friends, that helps bind us as a group, that music becomes part of our culture, our identity.  That’s why musicians make music[6], they want to connect with us and allow us to connect to each other.  I really get annoyed at the notion that we have to pay for each and every version of a song that speaks to us, that we appropriate for our own purpose, our own identity.

Transclusion, Xanadu, comes with this same level of cost for our culture.  We will never own ideas.  We may never learn new things because each idea is already transcluded (or completely excluded) from our grasp.  I read recently about a newfangled piece of equipment that would allow the identification of people thinking ‘terroristic’ thoughts[7] as they passed through an airport.  How far will this technology go before they can identify that we are thinking a song and are thus liable for royalties?  When does a song, an idea, become our own?

Our culture seems to be up for ransom.  Every single use, every idea, every development is already owned[8].  We all stand to lose if we cannot appropriate ideas for our own use.  We lose if we cannot find information on Wikipedia and simply link to it.  I don’t have to know everything about Project Xanadu, I don’t need to link and transclude the ideas, because I can remix them, I can shift them, I can change them.  That’s what makes the web as we know it so interesting!

  1. Mobile Workforce Technologies []
  2. Number 3 to be exact []
  3. Rule 10 []
  4. Rule 9 []
  5. or at least some versions of it []
  6. or so I’m led to believe []
  7. If I do a search for “identifying terrorist thought patterns” will I be flagged as a potential Person of Interest? Or will I find over 200000 hits?  And how could I include this idea without the 200000 hits of the people already talking about it? And which is the original? []
  8. or should that be pwned!!! []

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What I need is more Philosophy

The most interesting phenomena recently was the appearance and subsequent disappearance of an important (well historically important) video file on Google Video. (Should that be Gooveo? Goodeo? or am I just playing with typos.) The film (for it was a converted old film) was all about the advent of computer networks, stunningly titled Computer networks with an interesting subtitle of Heralds of Resource Sharing. The video only stayed on Gooveo for about 4 days before it was replaced with a very uninformative message that the video was unavailable, please try again later.

Subsequent research on my part found that the video was yoinked due to a possible copyright violation. Now I’m not a copyright lawyer (nor even a copyright believer) but the whole mess of trying to get a ‘legitimate’ version of the video is nothing short of educational. I asked our copyright person at Uni about the film. The conversation went something like this:

Me: Hey this video is rly kewl. Can I use it in my class? Liek, can we put it in the library?
Dude: Hmm have to check with the head honcho of copyright.
Me: But d0000d, there’s no copyright symbol on it, I don’t know who pwns it!
Dude: All work is subject to copyright, even when there is no copyright symbol.*

and I’m leik: d00000d, you not heard of Creative Commons? Copyleft? FOSS? Heck, what about Public Domain???
But I didn’t ask that.

And then the dude got back to me.

Dude: I’m sorry but we cannot accept a copy of the video. Please talk to this other person about whether we can buy a copy.
Me: Looky here!. It’s from 1972! There’s no copyright notice! Who do we ask???

But all that aside, it got me thinking a lot about copyright. What it means, what it does. And all the stuff I’ve been reading on blogs/journals and other weird and wonderful places around the intarweb came crashing together in the long tedious drive between here and there.

I mean, here we have this right, which is granted by various governments (that’s the legal phrase). And with each review, it gets longer. Works being created now will not be free of copyright until next century (I hope they never go for a millenial copyright). But the thing that really concerns me, and makes me wish I understood Descartes and/or other philosophers a bit better, is that there is this extensive protection for ideas, which can pass from one person to another (the actual copyright, not just the ideas), and it’s being protected by more and more legislation.

And then there’s the other side of the Descartesian coin. The body. What’s happening to the rights of the body? They’re being reduced. The right to medical treatment is not a right! The right to determine the fate of your body has just about been eliminated by other legislation. Unless, of course, you have the moolah to pay for it, moolah that probably came from exploiting the products of your mind (or the minds of others). But then, another lot of processes of the mind are not protected, not helped, not given any legislative protection/help/whatever. If you have a mental illnes, then bugger orf mate! no help for you, the mind is pure (but only when it makes money). The body cannot make money (except maybe in very specific circumstances and then only if it’s a ‘perfect’ form which probably accounts for many of the ‘mental illness’ that currently need ‘treatment’).

But how have we ended up with a system which protects one effect of living but not another (the one without which there is no evidence of us as living). Even if we argue for no split between the mind and the body, it’s being legislated and given differential protection. The whole system seems to have taken this notion of separation and run with it.

Perhaps I should just go back to tinkering with websites and leave the thinking to the philosophers.

Trying to write symbol when talking in clashes of cultures makes one want to type cymbal!

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