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Ownership & control: copyright, DRM, creative commons
Transcript of Ownership & control: copyright, DRM, creative commons
licences Attribution No Derivatives Attribution Non-Commercial Attribution Non-Commercial Share Alike Attribution Non-Commercial No Derivatives No Rights Reserved Attribution Attribution Share Alike Fair use it is not a right, but a defense against litigation Fair use aplies 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 content
you can be sued for adversely effecting its value in other words, this is a way to censor undesirable opinions long time ago content dynamics alternatives questions? thank you in this lecture copyright history current situation content dynamics creative commons in a galaxy far far away there was no copyright before copyright the notion of property related
only to scarce resources land anyone could freely copy, modify,
or sell content created by others in other words, creators had no property claims on their intellectual work for example, if you wrote and published a book, someone else could copy and sell it too with no penalty who in their right mind would bother creating things then? there was no protection for authors, right? Shakespeare, Rabelais, Cervantes, Moliere, Goethe, Schiller
Copernicus, Galileo, Newton, Leibniz, Kepler
Hendel, Vivaldi, Bach, Beethoven, Mozart, Schubert and countless others 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 publishers immediately, publishers start lobbying for the extension of the monopoly in time - 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 tremendous pressure on every country to accept this as the standard who was the biggest lobbyist behind the extension? Thank you Disney! ideas were considered public commons For example: J.R.R. Tolkien - author of Lord of The Rings - died in 1973. The books 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 in fact, every digital operation
involves copying copyright creates artificial scarcity control over access and modes of use Digital Rights Management control over access to content: when, where, how licencing, encryption, spyware
invasive software: SecuROM
authentication enforcing the way you interact with informaiton digital enclosure extends control over all primary and derivative content DMCA Digital Millenium Copyright Act makes circumventing DRM a criminal offence if this sounds abstract to you, imagine if Microsoft controlled what you can write in Word, and claimed ownership over it Lawrence Lessig http://us.blizzard.com/en-us/company/legal/wow_tou.html Blizzard WoW EULA EULA End User Licence Agreement http://www.rockstargames.com/eula Rockstar Games EULA binding legal contract
expanding control beyond standard copyright bottom line:
the user buys permission to play* the game, does not own the copy *Under strictly defined conditions Ownership.
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 however, the content industry argues that a world without intellectual property would be a world without new ideas Happy Birthday To You owned by
Time-Warner Corporation any public or commercial performance of the song is a breach of their 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.
Bill Gates Public domain 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 copyright establishment see you: What you can, and cannot do the aim is to restrict and control HOW you use your content control through: end result is Open Source and Free Software Android, Apache, Linux, MediaWiki, Mozilla Firefox, Mozilla Thunderbird, OpenOffice, WordPress, 7-Zip, Symbian allows flexible licences 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.
Lawrence Lessig industry aim is control over content, ideas, all information key dynamic Tensions: industry participatory culture closed open copyright material prosumers vs