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Intellectual property and content control
Transcript of Intellectual property and content control
Free cultures are cultures that leave a great deal open for others to build upon; unfree, or permission, cultures leave much less. Ours was a free culture. It is becoming much less so.
intellectual property and content control
against the law
Attribution No Derivatives
Attribution Non-Commercial Share Alike
Attribution Non-Commercial No Derivatives
No Rights Reserved
Attribution Share Alike
it is not a right, but a defense against litigation
Fair use applies only for limited purposes
purpose and character of the use
the nature of work being used
the amount of work used
the effect of the use on the value of the original
in other words, if you satirize someone's ideas
you can be sued for adversely effecting their value
in other words, this is a way to censor undesirable opinions
long time ago
in a galaxy far far away
there was no copyright
the notion of property related
only to scarce resources
think material artifacts
ideas were part of a public commons
'authors'* had no property claims on their ideas
if you wrote and published a book, someone else could re-publish it without sharing the profits*
Who in their right mind would bother creating things then?
Shakespeare, Rabelais, Cervantes, Moliere, Goethe, Schiller
Copernicus, Galileo, Newton, Leibniz, Kepler
Handel, Vivaldi, Bach, Beethoven, Mozart, Schubert
and countless other creators...
Statute of Queen Anne (1710)
grants owners monopoly for 14 years after publication
First appearance of copyright
An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned
immediately, publishers start lobbying for extension of the monopoly privilege i.e. extending the term of copyright
Berne Convention (1886)
monopoly for at least 50 years after author's death
Foundation of modern copyright
Current US copyright law
Monopoly for 70 years after author's death
If corporate authorship: 120 years after creation or
95 years after publication
sustained political pressure on every country to accept this as the standard
new ideas were immediately copied, modified, shared
Died in 1973
The LTR trilogy will be in the public domain only in 2043
i.e. free of copyright
scarcity = value
there is no scarcity inherent in digital data
and no cost to copying it
every digital operation
copyright creates artificial scarcity
control over access and modalities of use
Digital Rights Management
control over access to content: when, where, how
invasive software authentication
enforcing the way you interact with information
Digital Millennium Copyright Act
makes circumventing DRM a criminal offense
if this sounds abstract to you, imagine if Google controlled what you can write in GMail, and claimed ownership over it
Blizzard WoW EULA
End User License Agreement
Rockstar Games EULA
binding legal contract
expanding control beyond standard copyright
you, the user, buy permission to play* the game, but do not own the copy
*under strictly defined conditions
All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, character profile information, recordings of games) are owned by Blizzard or its licensors. The Game and the Service are protected by United States and international laws, and may contain certain licensed materials in which Blizzard’s licensors may enforce their rights in the event of any violation of this Agreement.
No Ownership Rights in Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A BLIZZARD SYSTEM, INCLUDING WITHOUT LIMITATION ANY BNET ACCOUNT OR WORLD OF WARCRAFT ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD.
USER CREATED CONTENT: The Software may allow you to create content, including but not limited to a gameplay map, a scenario, screenshot of a car design or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this License.
every time you go online your computer copies everything you encounter
in fact, the internet is possible only because its core protocols - TCP/IP - are free and in the public domain
the content industry argues that a world without intellectual property would be a world without new ideas
Happy Birthday To You
any public or commercial performance of the song is a breach of Time Warner copyright
If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today.
anything not under copyright is in the public domain and can be copied
and remixed freely
What can you do?
What can you do?
How the content industry sees you:
what you can
the aim is to restrict and control how you use content
Open Source and Free Software
Android, Apache, Linux, MediaWiki, Mozilla Firefox, Mozilla Thunderbird, OpenOffice, WordPress, 7-Zip, Symbian, GNUPGP
allows flexible licenses
some rights reserved
The most powerful and sexy and well loved of lobbies really has as its aim not the protection of "property" but the rejection of a tradition. Their aim is not simply to protect what is theirs. Their aim is to assure that all there is is what is theirs.
Harry Potter and Bao Zoulong
the internet is a copy machine
the story so far
appearance of global communication networks
appearance of the notion of information
decoupled from materiality
information becomes a valuable commodity
towards networks of control
and cannot do
information networks vs content control
where IP enforcement doesn't reach
to controlled content
and many others
from 'information wants to be free' to information as a product
information wants to be free
but it also wants to be expensive
immaterial - distinct from matter
'wants to be free'
flowing over neutral networks
There was no 'protection for authors', right?
author of Lord of The Rings
think 'free trade' agreements
licensing, encryption, spyware
this agreement survives any termination of this agreement
Statute of Queen Anne: 14 years copyright
Blizzard EULA: total rights forever
what is at stake
a culture of permissions
license to play
the notion of the the author as we understand it is a modern invention
before, it was used in the sense of 'authority'
interestingly, this is how the publishing industry was born
see the case of Charles Dickens and the US pirates
the classic example...
it was always about controlling the copies
if the Mars Rover hums Happy Birthday to itself, on Mars, does NASA have to pay royalties?
remember J.P.Barlow railing against the 'weary giants of flesh and steel'?
well, here they are...