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Tinkering with the Tyranny of Copyright







Tinkering with the Tyranny of Copyright

Tinkering with the Tyranny of Copyright 02/11/2004 07:52 AM

Tinkering with the Tyranny of Copyright
http://www.nytimes.com/2004/01/25/magazine/25COPYRIGHT.html

William Fisher, director of the Berkman Center for Internet and Society at Harvard Law School, has turned his attention to solving the seemingly intractable conflict between the recording industry and file-sharing music fans. His proposed plan, which would enable the entertainment industry to restructure its business model without resorting to micropayments, could also have ramifications for copyrighted digital text-based content. As a first step, all works capable of being transmitted online would be registered with a central office, which would then monitor how frequently the work is used. The work's creator would be compensated on that basis using funds collected via a tax on various content-related devices, such as DVDs, blank CDs or digital recorders. Fisher agrees that such a radical overhaul of the current system would be difficult in today's tax-phobic political environment, but he says that his ideas have been received with great interest by the music and home video industries whose business models are under siege. Fisher says that the likeliest locale for putting his ambitious scheme to work would be in countries such as Croatia or Brazil, which are neither so developed that they have signed on to international copyright protocols nor so underdeveloped that they are desperate to do so. "The hope is in the rainforest," says Fisher, in countries that "are more like the United States was before 1890, when we were a 'pirate' nation." As to whether such a system would ever work in the U.S., Fisher says perhaps after the various current schemes fail, his approach will be more attractive: "What is involved here is nothing less than the shape of our culture and the way we think of ourselves as citizens."




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Just about two weeks ago, Robert Boynton wrote a great piece for the Times about the free culture movement. It's not available for free from the Times anymore, though if you run this Google search, you'll find lots of places where it is archived. The Progress and Freedom Foundation has now launched an attack on "the movement." So let me note two important quibbles I have with an otherwise great article. First is scope: There is no complete history of this movement that does not mention Pam Samuelson, Jessica Litman, Eben Moglen, and more recently, Julie Cohen. Harvard's an important place in this, no doubt. But it is not accurate to speak as exclusively about Harvard. Litman and Samuelson made these issues salient. Moglen has been guiding the Free Software Foundation since the start. Second is spin: I know the world loves to simplify, but it is totally misleading to frame this issue as left vs. right. The name "Copy Left" is silly both because it is not true to the real "copyleft" movement -- started by RMS, et al., and because this movement is not a movement of "the Left." Look at the briefs in the Supreme Court in the Eldred if you want a flavor of this. Phyllis Schlafly and Milton Friedman are not leftists. It is important and great that Boynton's article made these ideas clearer to the world. But for those who read no more deeply than headlines, I'm afraid the real meaning of the Free Culture movement will be lost. UPDATE: Turns out there is a free link to the Times article still available, but you have to find it using Aaron's amazing tool (which I had stupidly missed before). UPDATE v2: Tim Phillips comments that the list should include Dennis Karjala and Neil Netanel. Well, actually the list of people who have been writing in this field is extremely long, and Neil's writing -- both about the importance of copyright and the importance of limits to copyright -- is very important. But I didn't mean to describe all of them. Dennis does deserve special mention for the extraordinary work he did at the beginning of the battle over term extensions, and throughout the life of the Sonny Bono Act.

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When I first got my TiVo, having a lot of programming on the drive felt like someone had done me a large favor; but over time, it felt almost like a nag: here's all this "work" I've got piled up for you to do.

Of course, this isn't specific to TiVo -- any PVR has this effect, as does an RSS reader, mail reader and so on: the unread/unwatched/undealt-with flags that define my life multiply, and my personal time does not.

I'm not the only one: Sign on San Diego has a piece on other PVRs owner who're drowning.

"For something that is supposed to be relaxing and unwinding at the end of the day, you (think) 'Wow! I have a lot of shows to watch,'" said Scott Bedard, technology director at an online media company in San Francisco...

"I get to the point now where I skip going to the gym so I can keep up with watching "Dawson's Creek" reruns," which are broadcast for two hours each day, he said. "I look forward to when they end so I won't be stressed."

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Maximizers in particular are prone to unhappiness in our society--there are too many choices, just too damn much input in general, and they can't deal with it. Satisficers are having a hard time too; they tend to go to lower stress options--and those are harder to find. But they're less likely to be depressed and suicidal.
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THE TYRANNY
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THE TYRANNY
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12/22/2004 01:16 AM
trash-anarchySeveral of my key solutions to making our world better -- Natural Enterprises, True Collaboration and Model Intentional Communities most notably -- rely on the ability of groups of people to self-manage more effectively than large hierarchical organizations are, or can be, managed top-down. Derek Woolverton over at Technical Difficulties...  commented on my post on WL Gore ("no ranks, no titles, no bosses") that self-managed organizations, if they don't have any rules, can be much worse than badly-managed ones. He sent me a link to a manifesto written back in 1970 by Jo Freeman called The Tyranny of Structurelessness, lamenting how the women's liberation movement of that day had degenerated into anarchy, cliquishness and petty politics for exactly that reason. Her article lays out these seven principles of democratic structuring for self-managed organizations:
  1. Delegate specific authority to specific individuals for specific tasks by democratic procedures, after they've expressed an interest or willingness to do it. Don't just let people choose their own jobs.
  2. Require all those to whom authority has been delegated to be responsible to all those who selected them. The group retains the ultimate say over how the power is exercised.
  3. Distribute authority among as many people as is reasonably possible, to prevent monopoly of power and encourage learning and consultation.
  4. Rotate tasks among individuals often but not too often, so people learn many jobs adequately and to avoid turf wars.
  5. Allocate tasks using objective criteria: competency, interest, responsibility, and opportunity to learn new things with appropriate mentoring.
  6. Diffuse information to everyone in the organization as frequently as possible. The more one knows about how things work, the more politically effective one can be.
  7. Provide equal access to resources (equipment, skills and information) needed by the group.
Freeman's manifesto is dated, but these principles make sense when dealing with the proclivity (I think it's learned, so I won't say 'natural tendency') of people in groups to dominate, bully, gang up, hoard, compete, take perverse pleasure in others' failure, and do things without adequate consultation.

My question is whether you can get people to follow these principles. If you have to impose them on the group, haven't you already made the group less democratic by that imposition? And can you impose them on a group?

My (admittedly idealistic) proposal in Natural Enterprise is that self-selection of the group should prevent these problems from occurring in the first place. Those who are disinclined to work for someone who tends to want to dominate will select the dominant types out of the group. Those who want to be dominated, to be told what to do and how to do it, will self-select into groups that include that type of individual. Furthermore, in Natural Enterprise, the self-selecting group's first task is to set out the mutually agreeable principles by which it will operate. Of course, this is a learning process, one that will be very new to most of us, so it should not be surprising that it takes some time for the self-selection process to work. In its early days, every Natural Enterprise will be expelling those who didn't work out, allowing others who didn't understand what they were getting into to select themselves out, and others to be invited or opt in in their place. Every system is messy when it first begins. And I have a great belief in instinct -- it is rare when my first instinctive impression of a work colleague, positive or negative, has proven dead wrong. Nature has given us this marvelous gift of instinct to make the process of group self-selection easier and more reliable.

In the aforementioned article on collaboration I described a four-step program for True Collaboration: teaching it as a core skill, recognizing and rewarding its successes, self-assessing our competency at it, and practice, practice, practice. I have seen domineering people humbled by this process, but I have also seen egotistical, inflexible and unimaginative leaders completely ignore brilliant collaborative work-products. I'm the first to confess that collaboration is not currently something most of us do well, but I believe strongly that it works, makes us stronger and more resilient and adaptable as a species, and that for that reason the ability to do it well should be in our genes.

But I have also seen petty despots and cliques who have ruined the communities and organizations they preside over, even though some of them were elected by a majority and believe fervently that they're acting in the majority's interest, by minimizing their diversity (in every sense of the word) and essentially expelling anyone with different views. And I've seen dictators and cult leaders who rule with an iron fist, some of whom are extraordinarily popular, even revered, despite flagrantly violating these principles of democracy, egalitarianism and collaboration.

Are these behaviours -- excessive dominance, bullying, ganging up, hoarding resources, competing instead of collaborating, and doing things without consulting others -- unlearnable? And how about the behaviours that make these foolish behaviours possible -- others' submissiveness, cowardice, self-victimization, self-isolation, passivity, meekness, resignation -- can they be unlearned too? Is it naive and unrealistic to think that we all have something valuable to contribute, we all instinctively seek and belong to communities, and, given a chance, we could and would all participate as equals in every community and organization to which we belong?

I appreciate that nature has endowed us with dominant and submissive genes, to establish a natural pecking order so that, even without language, we can maintain order in our groups. But in nature there is enormous collaboration and sharing of resources, infinitely more peace and equality and less suffering than we find in most human institutions. I'm not saying we need to learn to be exactly equal, just that by 'ousting the egos and outing the wallflowers', we need to learn to be more egalitarian.

I'd love to know more about how WL Gore really works, and how it doesn't work (Derek suggests the power vacuum spawns horrendous political infighting and undemocratic decision-making). Anyone know people working at Gore, or other organizations with 'no ranks, no titles, no bosses', who could share their lessons learned?

Ads and Copyright


Ads and Copyright 02/10/2004 02:41 AM

Never thought I'd say this, but the Super Bowl got me thinking.

Why shouldn't every advertiser release every print, audio, or multimedia ad they create under a Creative Commons license? Choose BY-NC-ND, and make clear you're protecting your trademark. Forget the cultural effect -- I'm talking pure business: What principle drives someone to enforce the full copyright in a work they'd normally pay millions to get in front of people's faces? Isn't it irrational NOT to free up distribution completely? Or am I missing something?


The Copyright Gap


The Copyright Gap 08/01/2004 03:20 PM
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The FCC wants out of copyright


The FCC wants out of copyright 08/06/2004 06:18 PM
The Broadcast Flag regime is, I think, something of an embarassment for the FCC. Many of the commissioners came to the FCC to deregulate telecommunications law, not to regulate the electronics industry. Yet they find themselves in mission creep mode, issuing command-and-control rules for the design of consumer products, surely...

Copyright - what right?


Copyright - what right? 10/29/2003 12:09 AM
This slashdot posting was really interesting. its brief look at the history of copyright, and the misuse of it. Slashdot: Copyright The scary stuff for...

Copyright Out of Balance


Copyright Out of Balance 02/01/2005 09:12 PM
Cory Doctorow on the disappearance of important documentary films because filmmakers can't come up with continuing payments for rights to archival footage. Case in point: The legendary Civil Rights Era documentary "Eyes on the Prize". Footnote: When I was the CEO of Lotus in the mid-1980's, the company provided critical...

3G Copyright Heavyweights


3G Copyright Heavyweights 02/10/2004 06:56 AM
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Camping out for copyright


Camping out for copyright 04/07/2005 10:12 AM
Canadian Press via Canada.com Apr 7 2005 1:58PM GMT

Copyright and attribution


Copyright and attribution 12/17/2004 06:33 PM
Crooked Timber has a post today on copyright and attribution that cites Creative Commons:
In short, the informal economy of academic attribution is much more like the kind of alternative economy that, say, Creative Commons is trying to create than it is like the copyright industry. Academics are usually happy when others rip, remix or even parody their work - as long as the remix artists acknowledge them by name. Similarly, the Creative Commons licenses now include a requirement for attribution as standard (it used to be optional, but 97-98% of Creative Commons users wanted it in their licenses, so that the CC crowd decided that it was easier to make it the default). The requirement that people not plagiarize (i.e. that they not use others’ work without attribution) presents no problems whatsoever for ‘free culture.’

"US Copyright Office"


"US Copyright Office" 06/03/2004 12:21 PM

How not to be a copyright putz


How not to be a copyright putz 08/11/2004 05:14 PM
Dan Gillmor lists the ways his book is making its way into our intellectual bloodstream. Go Dan! Go We the Media! Here's an interview of Dan by Xeni Jardin....

Wagner on copyright


Wagner on copyright 02/13/2004 03:58 PM
Mitch Wagner's written a very lucid essay about DRM and file-sharing that strikes me as one of the better formulations of the problem that I've seen to date.
It's rather appropriate that the logo for Disney is a mouse, because The Walt Disney Company this week announced its intention to throw money down a rathole. Disney became the latest company to license Digital Rights Management (DRM) technology. DRM doesn't work and consumers don't want it, so of course it's very appealing to big business, who are also in a big rush to sell other, equally practical products, such as anchovy flavored ice cream and bicycles with square wheels.
Link

Copyright in Eight Years


Copyright in Eight Years 08/05/2004 01:50 AM
So today copyright scholar Joe Liu at Boston College asked a room full of law professors an interesting question. What did we think copyright would look like in 8 years? Here were some of the main categories of predictions (some contradict):...

RSS feeds and copyright


RSS feeds and copyright 02/01/2005 08:40 PM
This dumb ass (also known as Martin Schwimmer of Trademark Blog, has a problem with Bloglines picking up his public RSS-feed and redistributing it. Because they might at some stage serve ads together with the content. For those of you...

Can you copyright a typeface under US
law?


Can you copyright a typeface under US
law?
12/26/2004 06:33 PM
Xeni Jardin: [NSFNLG warning: Not Safe For Non-LawGeeks.] A recent post on BoingBoing sparked debate among some readers about whether or not U.S. copyright law makes it possible to protect typefaces. Digital music guru Jim Griffin maintains that the answer is no. He points to Volume 37 of the Code of Federal Regulations (Link) as one of several portions of US law that back his assertion. Snip from the text of the law, with his comments:
"The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained: (...) typeface as typeface" 37 CFR 202.1(e).

House of Representatives report accompanied the new copyright law when passed in 1976: "The Committee has considered, but chosen to defer, the possibility of protecting the design of typefaces. A 'typeface' can be defined as a set of letters, numbers, or other symbolic characters, whose forms are related by repeating design elements consistently applied in a notational system and are intended to be embodied in articles whose intrinsic utilitarian function is for use in composing text or other cognizable combinations of characters. The Committee does not regard the design of typeface, as thus defined, to be a copyrightable 'pictorial, graphic, or sculptural work' within the meaning of this bill and the application of the dividing line in section 101." H.R. Rep. No. 94-1476, 94th Congress, 2d Session at 55 (1976), reprinted in1978 U.S. Cong. and Admin. News 5659, 5668.

It's also in accordance with a court case that has considered the matter: Eltra Corp. V. Ringer, 579 F.2d 294, 208 USPQ 1 (1978, C.A. 4, Va.).

The U.S. Copyright Office holds that a bitmapped font is nothing more than a computerized representation of a typeface, and as such is not copyrightable:

"The [September 29, 1988] Policy Decision [published at 53 FR 38110] based on the [October 10,] 1986 Notice of Inquiry [published at 51 FR 36410] reiterated a number of previous registration decisions made by the [Copyright] Office. First, under existing law, typeface as such is not registerable. The Policy Decision then went on to state the Office's position that 'data that merely represents an electronic depiction of a particular typeface or individual letterform' [that is, a bitmapped font] is also not registerable." 57 FR 6201.

Link to previous BB post.

Iraq's copyright law


Iraq's copyright law 05/21/2004 02:14 PM
Jamie Knox sent along Iraq's newly amended copyright law (as if THIS was where we needed to worry about rule of law in Iraq). I've just begun going through it, but there are favorite tidbits so far: collections of data can be protected; readings of the Koran are protected; and collections of government documents can be protected. But significantly, the term is life plus 50! More disharmony...

How Copyright Stifles New Art


How Copyright Stifles New Art 04/12/2004 07:32 PM

  • JD Lasica: The Killing Fields. In the film, artists, writers, musicians, scientists, and others parade across his lens. Many of them have been threatened, sued, fined, and put out of work in the name of copyright. Horowitz captures it all in a video vérité style popularized by Michael Moore in Roger & Me and Bowling for Columbine. At various points, the iconoclastic Horowitz appears on camera, appearing dumbfounded at the tales of a preschool director who said she received letters warning that the school could not show videos to her young charges without a license or hang protected cartoon characters on the walls without permission. He also interviews members of a Rolling Stones tribute band who perform under a legal cloud and husband-and-wife party clowns in Anaheim, California, who were warned not to create balloon animals for kids that looked too much like Tigger, Barney, or the Aladdin genie.

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