"Even as hip-hop is more mainstream than ever, one of the key musical innovations has been pushed to the margins. That should serve as a reminder that the battles over intellectual property don’t merely pit the economic interests of creators against would-be freeloading consumers. The existing stock of recorded music is, potentially, a powerful tool in the hands of musicians looking to create new works. But it’s been largely cut off from them—for no good reason."

Copyleft’s unique way of using copyright means the parties who may enforce are copyright holders (and their designated agents). However, the victims of the violation are typically thousands of users who have bought a product that included the GPL’d program. The goal, therefore, is to get source code that these users can actually use to compile and install the software. […]

Violators express a concern that, if they come into compliance due to my efforts, what stops others from coming to complain, in sequence, and wasting their time? I suggested that if they came into compliance all at once, on all FLOSS licenses involved, it would be easy for me to be on their side, should someone else complain.

Over seven days, The Guardian is taking stock of the new battlegrounds for the internet. From states stifling dissent to the new cyberwar front line, we look at the challenges facing the dream of an open internet.

As a way of fighting unauthorized sharing of digital files, DRM is particularly stupid. It not only doesn't work -- DRM is always broken, and DRM-less versions quickly produced -- it also makes the official versions less valuable than the pirated ones, since they are less convenient to use in multiple ways. As a result, DRM actually makes piracy more attractive, which is probably why most of the music industry eventually decided to drop it.
Sadly, the world of ebooks seems unable to learn from that experience, and insists on making the same mistakes by using DRM widely. But it turns out that there are even more problems in the publishing domain, as this fascinating tale of how DRM acts as a barrier to entry in the online bookstore market makes clear

"For examples of materials with high merit and difficult rights status, Bruce Hartford of the American Civil Rights Movement website highlighted the sheer impossibility of determining rightsholders for many archival materials: internal documents created by Student Nonviolent Coordinating Committee (SNCC) in the 1960s are orphans because SNCC no longer exists. A photograph taken by an unknown prisoner in a Southern jail of another prisoner is an orphan because the copyright is held by the unknown prisoner who took the original photograph. In a similar vein, Rick Prelinger aired a color video, possibly shot by an employee of the War Relocation Authority, of the 1944 release of Japanese-Americans interned at the Jerome War Relocation Center in Arkansas.

This is a crucial point that is rarely noted: orphan status may be most common for materials generated on the margins of society — by people whose names and presence were never recorded, sometimes because of persecution; or by informal or transient organizations, groups, and movements that never had an opportunity to create their own legacy. For this content — which includes some of the most important artifacts that a society is likely to produce, documenting both its struggles and those who speak without a recorded voice — formal interventions are unlikely to make a meaningful difference because there is so little ownership data to work with. In these cases, Fair Use is often the appropriate apparatus."

Of course, Big Content turns out to be Surprisingly Small Content with Big Lobbyists.

This sort of bullshit is exactly the reason I oppose intellectual property.

Annotated link http://www.diigo.com/bookmark/http://www.techdirt.com/articles/20120330/12402418305/why-missing-20th-century-books-is-even-worse-than-it-seems.shtml