robertogreco + copyright   186

The Radical Tactics of the Offline Library on Vimeo
[parts of the video (from the introduction): "1. Libraries existed to copy data. Libraries as warehouses was a recent idea and not a very good one 2. The online world used to be considered rhizomatic but recent events have proven that it is actually quite arboretic and precarious. 3. A method of sharing files using hard drives is slow, but it is extremely resilient. This reversalism is a radical tactic agains draconian proprietarianism. 4. There are forces and trends that are working against portable libraries."]

[Book is here:
http://networkcultures.org/wp-content/uploads/2014/06/NN07_complete.pdf
http://networkcultures.org/blog/publication/no-07-radical-tactics-of-the-offline-library-henry-warwick/ ]

"The Radical Tactics of the Offline Library is based on the book "Radical Tactics: Reversalism and Personal Portable Libraries"
By Henry Warwick

The Personal Portable Library in its most simple form is a hard drive or USB stick containing a large collection of e-books, curated and archived by an individual user. The flourishing of the offline digital library is a response to the fact that truly private sharing of knowledge in the online realm is increasingly made impossible. While P2P sharing sites and online libraries with downloadable e-books are precarious, people are naturally led to an atavistic and reversalist workaround. The radical tactics of the offline: abandoning the online for more secure offline transfer. Taking inspiration from ancient libraries as copying centers and Sneakernet, Henry Warwick describes the future of the library as digital and offline. Radical Tactics: Reversalism and Personal Portable Libraries traces the history of the library and the importance of the Personal Portable Library in sharing knowledge and resisting proprietarian forces.

The library in Alexandria contained about 500,000 scrolls; the Library of Congress, the largest library in the history of civilization, contains about 35 million books. A digital version of it would fit on a 24 TB drive, which can be purchased for about $2000. Obviously, most people don’t need 35 million books. A small local library of 10,000 books could fit on a 64 GB thumb drive the size of a pack of chewing gum and costing perhaps $40. An astounding fact with immense implications. It is trivially simple to start collecting e-books, marshalling them into libraries on hard drives, and then to share the results. And it is much less trivially important. Sharing is caring. Societies where people share, especially ideas, are societies that will naturally flourish."
libraries  henrywarwick  archives  collection  digital  digitalmedia  ebooks  drm  documentary  librarians  alexandriaproject  copying  rhizomes  internet  online  sharing  files  p2p  proprietarianism  sneakernet  history  harddrives  learning  unschooling  property  deschooling  resistance  mesopotamia  egypt  alexandria  copies  decay  resilience  cv  projectideas  libraryofalexandria  books  scrolls  tablets  radicalism  literacy  printing  moveabletype  china  europe  publishing  2014  copyright  capitalism  canon  librarydevelopment  walterbenjamin  portability  andrewtanenbaum  portable  portablelibraries  félixguattari  cloudcomputing  politics  deleuze  deleuze&guattari  web  offline  riaa  greed  openstudioproject  lcproject 
november 2018 by robertogreco
Invisible Labor and Digital Utopias
"So I’ve been thinking a lot, as I said, about “permissions” and “openness.” I have increasingly come to wonder if “permission-less-ness” as many in “open” movements have theorized this, is built on some unexamined exploitation and extraction of labor – on invisible work, on unvalued work. Whose digital utopia does “openness” represent?"



"I like to remind people that with all this sweeping rhetoric about revolution and transformation, that John Perry Barlow wrote “A Declaration of the Independence of Cyberspace” in 1996 in Davos, Switzerland, at the World Economic Forum. I don’t know about you, but that’s neither a site nor an institution I’ve never really associated with utopia. Indeed, perhaps much of this new technology was never meant to be a utopia for all of us after all."



"When we think about “open” and labor, who do we imagine doing the work? What is the work we imagine being done? Who pays? Who benefits? (And how?)"



"Ignoring racism in the technological imagination does not make it go away."



"What do machines free us from? Not drudgery – not everyone’s drudgery, at least. Not war. Not imperialism. Not gendered expectations of beauty. Not gendered expectations of heroism. Not gendered divisions of labor. Not class-based expectations of servitude. Not class-based expectations of leisure.

And so similarly, what is the digital supposed to liberate us from? What is rendered (further) invisible when we move from the mechanical to the digital, when we cannot see the levers and the wires and the pulleys."
audreywatters  2018  utopia  technology  labor  resistance  permission  open  openness  opensource  exploitation  copyright  creativecommons  johnperrybarlow  freedom  class  leisure  work  servitude  liberation  digital 
may 2018 by robertogreco
Fair Use Too Often Goes Unused - The Chronicle of Higher Education
"When you are writing a book analyzing images from Kurosawa’s Rashomon, you should include images from the classic 1950 film. The logic behind that seems straightforward — but the logistics can be less so.

For Blair Davis, an assistant professor of communications at DePaul University who edited Rashomon Effects: Kurosawa, Rashomon and their Legacies, published in 2015 by Routledge, getting permission to use the stills in the book turned out to be almost as difficult as ferreting out the truth in the film itself.

"I spent at least a year dealing with the Japanese corporation Kodansha, which owns the rights," Davis told me by email. He had to "hire someone who spoke Japanese to conduct face-to-face negotiations in Japan." Worse, in the end, Davis wasn’t even allowed to use the images he had asked for. Kodansha insisted he choose from a small selection of publicity photos, rather than the scenes actually analyzed in the text.

Davis’s acquisition process was more arduous than most, but the general predicament will be familiar to many academics who work with film, art, comics, or other visual materials. Many academic presses and journals require permission for the reprint of any images. For instance, Julia Round, a principal lecturer at Bournemouth University and editor of the journal Studies in Comics, told me that, at the request of its publisher (Intellect Books), "we always seek image permissions." Only if authors can’t track down permissions holders, Round said, does the journal consider printing small images under the legal doctrine of fair use.

But while publishers want authors to get permission, the law often does not require it. According to Kyle K. Courtney, copyright adviser for Harvard University in its Office for Scholarly Communication, copyright holders have certain rights — for instance, if you hold rights for a comic book, you determine when and by whom it can be reprinted, which is why I can’t just go out and create my own edition of the first Wonder Woman comic. But notwithstanding those rights, fair use gives others the right to reprint materials in certain situations without consulting the author — or even, in some cases, if the author has refused permission.

Courtney explained that courts have used a four-factor test to decide whether or not the reproduction of artwork, or other elements, falls under fair use. Judges look first at the purpose of the use; then at the nature of the copyrighted work itself; then the amount of the work reproduced; and finally at the effect of the use upon the market. Thus, when you publish — for scholarly purposes — a single image from a feature-length film that will not affect the market of the film, you have a good chance of being covered under fair use.

In the last decade, courts have also used the concept of transformative use, Courtney said. If you are using an image for a different purpose than it was originally intended, and thereby transforming it, you have a strong fair-use argument. "So if a comic book at the time period was to entertain, but you’re doing a critical/social analysis of what the comic means today," he said, "you’re applying a new meaning, a new message — you’re transforming the original for a new purpose."

In some recent court cases, judges have upheld fair use after the copyright holder had explicitly denied permission. In the early 2000s, DK publishing was refused permission to reprint Grateful Dead posters for an illustrated history of the band. The publisher reproduced the images anyway, and then defeated the lawsuit in court. Asking a copyright holder for permission does not mean that you vitiate your fair-use rights. (Courtney has created a handy explanatory comic about the case, available here.)

Betsy Phillips, sales and marketing manager at Vanderbilt University Press, said that it evaluates fair-use questions on a "case by case basis." In particular, Vanderbilt treats marketing images very differently from reproductions inside the book. "There’s a difference between a film still on the inside of a book that’s discussed in that book, and a page from a comic book on the cover," she said. The amount of material reproduced is also important: A black or white thumbnail of a detail of a painting would probably be fine, but a high-resolution, full-color image of an entire work might require permission.

Phillips also emphasized that the press tried to keep a clear paper trail of its use of images, including discussions about the rationale for fair use of each image, and why permission did or did not need to be sought. She noted that professional societies often have useful guidelines. For instance, the Society for Cinema and Media Studies discusses fair-use policies on its website.

Of course, some publishers may still prefer to ask for permission each and every time you want your book to reprint an image — it seems safer. If you get permission, you know for sure that you won’t have legal struggles. Why mess about with fair use, where there is at least a small risk of unpleasantness?

Seeking permission may seem safe, but it can have serious ethical and practical downsides.

Consider the case of David W. Stowe, a professor at Michigan State University who wrote Swing Changes: Big-Band Jazz in New Deal America, a 1994 book about the cultural milieu of big-band jazz. Stowe wanted to reproduce cartoons from Down Beat magazine to illustrate the racism and sexism of the era. Down Beat had approved reprint requests for such materials from other scholars. In this instance, however, according to a 2000 account by Lydia Pallas Loren in Open Spaces Quarterly, the magazine refused because "the drawings made the magazine ‘look bad.’" Stowe feared a lawsuit, and so did not use the images. Asking for permission gave the magazine a chance to stifle criticism.

Copyright holders may also try to force a press or an author to cough up exorbitant fees for reprints. That can be a financial hardship for a scholar, or simply make it impossible to use the images — which isn’t censorship per se but does damage scholarship.

As Julia Round explained, "Having to describe an image wastes so many words! And it simply doesn’t substitute for seeing the image itself. It’s so complicated trying to talk about complex page layouts, or attempting to explain a particular effect, or describing the idiosyncrasies of a font, or a precise shade of color."

Omitting the image also prevents readers from analyzing it for themselves. If a critic says a particular shade of green in the image is sickly and disturbing, the reader has no choice but to take the writer’s word for it, unless the image is reproduced. Of course many images today are online and can be easily Googled, but many other comics, film stills, and paintings remain offline and inaccessible. If you can’t show the image right in the text, Round concludes, "it makes it hard for any reader to fully understand and critically engage with what is being said."

Books and journal articles about visual culture need to be able to engage with, analyze, and share visual culture. Fair use makes that possible — but only if authors and presses are willing to assert their rights. Presses may take on a small risk in asserting fair use. But in return they give readers an invaluable opportunity to see what scholars are talking about."
copyright  fairuse  publishing  film  academia  2017  noahberlatsky  rashomon  blairdavis  juliaround  images  kylecourtney  transformativeuse  betsyphillips  cinema  media  davidstowe  lydiapallasloren  illustration 
may 2017 by robertogreco
Torching the Modern-Day Library of Alexandria - The Atlantic
[See also: "Google Books was the company’s first moonshot. But 15 years later, the project is stuck in low-Earth orbit."
https://backchannel.com/how-google-book-search-got-lost-c2d2cf77121d ]
googlebooks  2017  jamessomers  digital  libraries  copyright  google  books 
april 2017 by robertogreco
The Architect Who Became a Diamond - The New Yorker
"Barragán was a devout Catholic, and his work is characterized by a mixture of opulence and abnegation. “Where do you find more eroticism than in the cloister of a convent?” he once asked. His buildings are mostly residential, with anonymous perimeter walls that protect modestly sized but lavish interiors. Louis Kahn recalled that, in the sixties, he asked Barragán to help him design the courtyard garden at the Salk Institute and flew him out to San Diego to see the site. Barragán took one look at the expanse of concrete and said, “You are going to hate me, but there should be no tree here,” and went home, forsaking a commission from one of his most famous living colleagues.

Tall, blue-eyed, and bald from a young age, Barragán lived beautifully and tyrannically. He wore English sports jackets, silk shirts, and knitted ties; he had a Cadillac and employed a chauffeur. He enjoyed melon halves drizzled with sherry, and was known to have his maid prepare entirely pink meals. An architect friend recalled being disinvited to tea on several occasions because the light in the garden wasn’t right.

“You have no idea how much I hate small things, ugly things,” Barragán told the journalist Elena Poniatowska. “Yet the fragility of some women moves me.” Though he never married (and is thought by some to have been gay), his taste in women was particular: willowy, dark, with, as Poniatowska put it, “the big, hollow eyes of someone who has suffered.” Women recounted trying to lose weight in the weeks before visiting him. Barragán was generous with gifts, bringing small tokens of appreciation—silver boxes, flowers, packages of dates—even to casual lunches. He spoke gently and smiled often. He liked to read Proust, listen to classical music, and fantasize about the Russian gentry. Famously private, he despised his contemporaries’ infatuation with “uninhabitable” glass houses and thought that shadows were “a basic human need.” His work, likewise, was hidden: the residences were often within gated communities, the fountains protected by private courtyards. If there is a recurring criticism of Barragán, it is that he was undemocratic. He spent Sundays at an equestrian club, and when someone accused him of “only designing homes for rich people,” he allegedly replied, “And horses.”

I met Andrés Casillas, an architect now in his eighties who was a protégé of Barragán’s, at his home, an hour and a half from Mexico City. He had perfectly coiffed white hair and wore a fine cashmere sweater. His home had an austere, siesta-like feel that was unmistakably Barragánesque. He spoke slowly and with exaggerated gallantry. “This is stupid to say, but Barragán was a gentleman,” he told me. Casillas talked about meeting Barragán for the first time. He was eight years old, and had wandered around the “magical” garden of Barragán’s house for half an hour, after which Barragán presented him with a small glass of rompope, an eggnog-like liquor prepared by nuns. “I left absolutely mesmerized,” he said.

The hypnosis was by design. Barragán believed that architects should make “houses into gardens, and gardens into houses.” He made blueprints premised on surprise and an almost perverse protraction of pleasure. Low, dark corridors open into blindingly bright rooms with church-high ceilings. Floor plans only gradually make themselves evident to the visitor. He called it “architectural striptease.”

Walking through Barragán’s home, which was declared a unesco World Heritage site in 2004, one feels a sense of coercion, and Barragán himself never completely disappears. Keith Eggener, an architectural historian who made a pilgrimage to Barragán’s house soon after he died, recalled his impressions with the hesitant laughter of someone who’s embarrassed to tell the truth. “Even when it was run-down, it was a ravishing house,” he said. “I remember having this feeling of really wanting to spend the night there—not just to sleep in the house but to sleep with the house.”"



"In 2002, as an artist in residence at the Rijksakademie, in Amsterdam, Magid began noticing the large number of surveillance cameras in the city—anonymous gray boxes, mounted on everything from the corners of buildings to coffee-shop awnings. One February morning, she went to the police headquarters and explained that she was an artist interested in decorating the municipal cameras with rhinestones. She was directed to the appropriate police administrators, who told her that they did not work with artists. She thanked them and left. A few weeks later, Magid returned, armed with business cards and a corporate-speak sales pitch, presenting herself as the Head Security Ornamentation Professional at System Azure, a company that she had made up. The police not only allowed her to bedazzle the cameras but even paid her a couple of thousand dollars. “I realized that they could not hear me when I spoke as an artist,” Magid later said. “This had nothing to do with what I proposed but with who I was.”

The impish venture touched on a theme that Magid has returned to again and again, in increasingly ambitious ways. Her aim with most of her work is to humanize institutional power structures, subtly undermining them while adhering to the letter of their regulations: exploiting legal escape clauses and other red tape, and forging relationships with civil servants. She has ensconced herself in the Dutch secret service and been trained by a New York City cop. She once got members of a surveillance team from Liverpool’s police force to direct her through a public square with her eyes closed. In 2008, she told me, a Dutch government official warned her that she was considered a national-security threat. Though she cares deeply about how her work looks, she has less in common with other artists than with people whose jobs are not typically thought of as artistic: spies, investigative journalists, forensic experts.

Magid’s work can seem like a series of extended pranks, but when I suggested this to her she was aghast. “No!” she exclaimed. She laughed but seemed genuinely distressed. “I hate mean-spirited work,” she said. “It’s about the engagement. A prank doesn’t engage. A prank is: you throw something in and watch what happens. This is a commitment.” Still, people often ask Magid why anyone ever agrees to collaborate with her. She has said that she thinks it is “due to some combination of vanity, pride, and loneliness.”"



"Magid heard about the archive by coincidence: her gallery in Mexico City, Labor, is across the street from Casa Barragán. “It intrigued me as a gothic love story,” she has said, “with a copyright-and-intellectual-property-rights subplot.” In early 2013, Magid contacted Zanco through an intermediary, to introduce herself as an artist working on a project about Barragán, and asked if she might visit the archive. Zanco replied that she was “completely unable to allow access to the collection, nor be of any help to third parties.” A few months later, Magid sent a handwritten request, explaining that she had an upcoming show on Barragán in New York. She invited Zanco to curate pieces from her archive for inclusion. She signed off, “With Warmth and Admiration.” Zanco declined to collaborate, and warned, “I trust you would make yourself aware of the possible copyright implications of any sort of reproduction, and clear the related permissions, procedure and mandatory credits.”

That November, in Tribeca, Magid produced an exhibition about the impasse, “Woman with Sombrero,” which later travelled to Guadalajara. The show was a multimedia installation, with images of Barragán’s work, slide projections, and an iPad displaying the correspondence between Magid and Zanco. Objects were placed in teasing juxtaposition, in a way that suggested connections and narratives without insisting on them. Copies of books that Barragán had sent to various women lay on a bedside table that Magid had fabricated based on one of his designs. In what a press release described as “flirtation with the institutional structures involved,” Magid went to extreme lengths to stay just the right side of copyright law. Rather than reproduce Barragán images from Zanco’s book, for instance, Magid framed a copy of the book itself. The show was written up in the Times, and the article was not flattering to Zanco. Magid was quoted asking, “What’s the difference between loving something and loving something so much that you smother it?”

After the Times took an interest, Magid and Zanco’s correspondence became friendlier—either because Zanco now appreciated Magid’s work or because she realized that anything she wrote could end up as material in future shows. “Thank you for your company,” Zanco wrote at one point. “I feel definitely less lonely down in the archives.” The tone of their letters became familiar but measured. At no point did Magid mention her plan to make a diamond out of Barragán.

Magid agrees with those who argue that the Barragán archive should be open to the public and returned to Mexico, but she insists that this is not her focus. “If that’s what my intentions were, I don’t think I’d make art,” she told me. “I’ve always called the archive her lover. To marry one man, she negotiated owning another man, whom she’s devoted her life to. It’s a weird love triangle, and I’m the other woman.”"



"Magid was disconcerted; she’d expected Zanco to be alone. She followed Zanco in. Fehlbaum was there, seated, his back to a glass wall, and greeted her warmly. Zanco sat down beside him and gestured for Magid to take a seat across from them.

“I brought you this,” Magid said, taking a bottle of champagne from her bag. It was wrapped in an announcement of her St. Gallen show. Zanco removed the paper and thanked her. For the next hour, over lunch, the three of … [more]
2016  jillmagid  luisbarragán  architecture  art  archives  performanceart  laurapoitras  film  bureaucracy  institutions  casaluisbarragán  barraganfoundation  federicazanco  switzerland  guadalajar  mexico  mexicocity  mexicof  df  sfai  sanfrancisco  death  copyright  elenaponiatowska  pranks  engagement  performance  loneliness  journalism  alicegregory  mexicodf 
december 2016 by robertogreco
Eyeo 2016 – Sarah Hendren on Vimeo
"Design for Know-Nothings, Dilettantes, and Melancholy Interlopers – Translators, impresarios, believers, and the heartbroken—this is a talk about design outside of authorship and ownership, IP or copyright, and even outside of research and collaboration. When and where do ideas come to life? What counts as design? Sara talks about some of her own "not a real designer" work, but mostly she talks about the creative work of others: in marine biology, architecture, politics, education. Lots of nerdy history, folks."
sarahendren  eyeo2016  2016  eyeo  dilettantes  interlopers  translation  ownership  copyright  collaboration  education  marinebiology  architecture  design  research  learning  howwelearn  authorship  socialengagement  criticaldesign  thehow  thewhy  traction  meaning  place  placefulness  interconnectedness  cause  purpose  jacquescousteau  invention  dabbling  amateurs  amateurism  exploration  thinking  filmmaking  toolmaking  conviviality  convivialtools  ivanillich  impresarios  titles  names  naming  language  edges  liminalspaces  outsiders  insiders  dabblers  janeaddams  technology  interdependence  community  hullhouse  generalists  radicalgeneralists  audrelorde  vaclavhavel  expertise  pointofview  disability  adaptability  caseygollan  caitrinlynch  ingenuity  hacks  alinceshepherd  inclinedplanes  dance  pedagogy  liminality  toolsforconviviality  disabilities  interconnected  interconnectivity 
august 2016 by robertogreco
I need to find a public domain image of _______. How do I do that? | librarian.net
"Reference question of the day was about finding public domain images. Everyone’s got their go-tos. If I am looking for illustrations or old photos specifically I’ll often use other people’s searches on top of the Internet Archive’s content. Here’s a little how to."
search  howto  publicdomain  copyright  free  images  imagesearch  jessamynwest  2016 
june 2016 by robertogreco
Prince, tech, and the Californian Ideology - Text Patterns - The New Atlantis
"I recently gave some talks to a gathering of clergy that focused on the effects of digital technology on the cultivation of traditional Christian practices, especially the more contemplative ones. But when I talked about the dangers of having certain massive tech companies — especially the social-media giants: Facebook, Twitter, Instagram, Snapchat — dictate to us the modes of our interaction with one another, I heard mutters that I was “blaming technology.”

I found myself thinking about that experience as I read this reflection on Prince’s use of technology — and his resistance to having technological practices imposed on him by record companies.
Prince, who died Thursday at 57, understood how technology spread ideas better than almost anyone else in popular music. And so he became something of a hacker, upending the systems that predated him and fighting mightily to pioneer new ones. Sometimes he hated technology, sometimes he loved it. But more than that, at his best Prince was technology, a musician who realized that making music was not his only responsibility, that his innovation had to extend to representation, distribution, transmission and pure system invention.

Many advances in music and technology over the last three decades — particularly in the realm of distribution — were tried early, and often first, by Prince. He released a CD-ROM in 1994, Prince Interactive, which featured unreleased music and a gamelike adventure at his Paisley Park Studios. In 1997, he made the multi-disc set “Crystal Ball” set available for sale online and through an 800 number (though there were fulfillment issues later). In 2001, he began a monthly online subscription service, the NPG Music Club, that lasted five years.

These experiments were made possible largely because of Prince’s career-long emphasis on ownership: At the time of his death, Prince reportedly owned the master recordings of all his output. With no major label to serve for most of the second half of his career and no constraints on distribution, he was free to try new modes of connection.

No musician of our time understood technology better than Prince — but he wasn’t interested in being stuffed into the Procrustean bed of technologies owned by massive corporations. He wanted to own his turf and to be free to cultivate it in ways driven by his own imagination.

The megatech companies’ ability to convince us that they are not Big Business but rather just open-minded, open-hearted, exploratory technological creators is perhaps the most powerful and influential — and radically misleading — sales jobs of the past 25 years. The Californian ideology has become our ideology. Which means that many people cannot help seeing skepticism about the intentions some of the biggest companies in the world as “blaming technology.” But that way Buy n Large lies."
alanjacobs  prince  technology  socialmedia  twitter  copyright  music  ownership  2016  californianideology  facebook  snapchat  instagram 
may 2016 by robertogreco
Monkey selfie case: judge rules animal cannot own his photo copyright | World news | The Guardian
"A San Francisco court said that while the protection of law could be extended to animals, there was no indication that it was in the Copyright Act"
multispecies  law  monkeys  primates  copyright  2016  macaques  legal  photography  animals 
january 2016 by robertogreco
Book to the Future - a book liberation manifesto
"The Book Liberation Manifesto is an exploration of publishing outside of current corporate constraints and beyond the confines of book piracy. We believe that knowledge should be in free circulation to benefit humankind, which means an equitable and vibrant economy to support publishing, instead of the prevailing capitalist hand-me-down system of Sisyphean economic sustainability. Readers and books have been forced into pirate libraries, while sales channels have been monopolised by the big Internet giants which exact extortionate fees from publishers. We have three proposals. First, publications should be free-at-the-point-of-reading under a variety of open intellectual property regimes. Second, they should become fully digital — in order to facilitate ready reuse, distribution, algorithmic and computational use. Finally, Open Source software for publishing should be treated as public infrastructure, with sustained research and investment. The result of such robust infrastructures will mean lower costs for manufacturing and faster publishing lifecycles, so that publishers and publics will be more readily able to afford to invent new futures.

For more information on the Hybrid Publishing Consortium see http://consortium.io "



"1. Introduction ᙠooʞ ƚo ƚʜɘ ᖷuƚuɿɘ – ɒ mɒnifɘƨƚo for book libɘɿɒƚio∩ Book to the Future front cover

The Hybrid Publishing Consortium (HPC) is a research network which is part of the Hybrid Publishing Lab and works to support Open Source software infrastructures. The HPC wishes to present practical solutions to the problems with the current stage of the evolution of the book. The HPC sees a glaring necessity for new types of publications, books which are enhanced with interfaces in order to take advantage of computation and digital networks. The initial sections of this manifesto will outline the current problems with the digital development of the book, with reference to stages in its historical evolution. We will then go on to present a framework for dealing with the problems in the later sections.

Now that there are floods of Open Access content for users to sort through, the book must develop to take on fresh interface design challenges – for improving reading, but also to support a wide range of communities. The latter include art, design, museums and the Digital Humanities groups, for all of whom video, audio, hyper-images, code, text, simulations and game sequences are needed.

HPC’s view is that current technology provisions in publishing are costly, inefficient and need a step-up in R&D. To support technical, open source infrastructures for publishing we have identified the ‘Platform Independent Document Type’ as key. Our objective is to contribute to the working implementation of an open standards based and transmedia structured document for multi-format publishing. With structured documents and accompanying systems publishers can lower costs, increase revenues and support innovation.

HPC is about building public open source software infrastructures for publishing to support the free-flow of knowledge – aka book liberation. Our mission statement is:
‘Every publication, in a universal format, available for free in real-time.’

This is our reworking of Amazon’s mission statement for its Kindle product:
‘Every book ever printed, in any language, all available in less than 60 seconds.’

Currently digital publishing is dead in the water because for digital multi-format publications prohibitive amounts of time and costs are needed for rights clearance: the permissions required for each new format, the necessary signed contracts etc. So something has to give. For the scholarly community, Open Access academic publishing has fixed these problems with open licences, but other publishing sectors outside of academia remain frozen by restrictive licensing designed for print media.

Our efforts in building technical infrastructures will be wasted if content continues to be locked in, and this is where HPC's issue becomes as much a political as a technical problem. Open intellectual property licences, such as Creative Commons, are not enough on their own. Something else is needed if we want to support the free flow of knowledge: a way to financially support the publishers and the chain of skilled workers who are involved in publication productions. This can be either by a form of market metrics or by fair collections and redistribution methods, with the latter involving a little less fussing around than some market measurement. Open Access has meant publishers are still paid; it is simply that the point of payment has moved away from the reader to another point in the publishing process, where the free flow of knowledge is not hampered."
books  bookfuturism  2015  publishing  archives  bookliberation  copyright  copyleft  manifestoes  oer  libraries  technology  digital  ebooks  openlearning  repositories  creativecommons  print  amazon  kindle  universality  transmedia  hpc 
june 2015 by robertogreco
Creative License: how the hell did sampling get so screwed up and what the hell do we do about it? - Boing Boing
"Kembrew McLeod and Peter DiCola's Creative License: The Law and Culture of Digital Sampling is a fantastic and deep look at the business, art, culture, ethics, history and future of musical sampling. The authors -- respected academics/writers/filmmakers -- undertook to interview a really amazingly wide spectrum of people involved in music production, and what emerges is a clear picture of how legal rulings, historical accidents, musical history, good intentions, naked greed, and conflicts of all kind came to produce our current, very broken system for musical sampling.
The interview subjects in Creative License include all manner of business people (managers, industry lawyers, execs, lobbyists, producers), musicians who want to sample but can't legally do so, musicians who got away with it before the law caught up with them, musicians who benefit from sampling licenses, musicians who've lost big due to licensing fees and lawsuits, musicians who think that sampling is a legitimate form of creativity, musicians who think it's a lazy way of making art; musicians who think that they should have the power to decide who might sample them and musicians who think that's absurd. They also talk to musicologists, lawyers (academic and commercial), economists, and so on -- producing a remarkable, in-the-round picture of the state of things as they stand.

A few clear truths emerge. When sampling works, it produces works that lots of musicians and fans love -- art that is both critically and commercially successful. The early days of sampling -- when the law wasn't very developed and no one was sure what was and wasn't legal -- yielded extraordinary albums that can't be produced legally today (the authors make a pretty compelling case that an artist would have to be insane to produce a song with more than one or two samples in it). When the market for commercial sample licensing is working -- when it's not being hijacked by lawyers and labels -- it can produce real commercial benefit for poor artists and their descendants, and these are often Black artists who got screwed by their labels when their music was originally recorded. Finally, all music is and always has been derivative, and there's no special creativity or lack thereof inherent to using or not using samples.

How screwed up are things? The best example of this is a back-of-the-envelope calculation of the cost to clear the samples on two of the best-loved, uncleared albums of all times: the Beastie Boys' Paul's Boutique and Public Enemy's Fear of a Black Planet, both of which typify the kind of album that couldn't possibly be made today. By the authors' math, Black Planet would lose $6.8 million in sampling fees on 1.5 million sales; Paul's Boutique would lose an eye-popping $19.8M on its sales of 2.5m. (Kembrew and his publisher were kind enough to supply the chapter in question, along with the notes).

The authors conclude Creative License with a fairly depressing look at solutions -- voluntary, technical, legislative, artistic -- to the sampling deadlock. None of these are very convincing, but practically any of them would be preferable to the status quo.

Books about copyright usually focus on either art or law or business, but it's a rare book that manages to equally weight all three considerations -- Creative License gets it right. It's a fascinating and important read."
sampling  beastieboys  publicenemy  paul'sboutique  fearofablackplanet  copyright  music  corydoctorow  kembrewmcleod  peterdicola  licensing 
may 2015 by robertogreco
A negative interest rate world? Why? | Ian Welsh
"Why there is too much money chasing returns is important, however, so I’m going to tease apart some of the reasons.

Central Bank Policy

Look, the ECB is buying bonds. The BOJ is buying bonds. The US was doing so. This is demand. It pushes the yield of bonds down.

China is printing piles of money, Japan is printing it, etc… That money isn’t staying in those economies, it is hunting through the world for returns or even just security. Federal Reserve policy has put a floor under losses from various securities by accepting that at near par, and Fed policy of free money has underwritten an epic bull market in securities.

No cleanup of the banking or shadow banking systems.

Most money is created by private actors. Banks, shadow banks (brokerages, etc…) There is no effective oversight of these organizations, still (you’d think after 2007, but you’d be wrong.) In fact, not only is there not enough oversight, but in most cases they’ve been effectively encourages to create more money. We have another derivatives bubble underway, we have housing bubbles in multiple countries (e.g. Canada and the UK), and while the US doesn’t have one, parts of the US, like Manhattan, do.

Oligopolistic profits.

US broadband profits are almost 100%-annualized. Every app store takes a 30% cut (a level which would have been shut down by regulators of the post-war liberal period.) Copyright law makes it difficult to impossible to create generic alternatives to common items. These have all led to very high profit levels, and those profits have largely been plowed back into stock buy backs (most corporate borrow is matched by stock buy backs). But much of the economy is not available to be bought on the stock market, many large investors can’t invest on the stock market by law (they have to invest in high-grade bonds), and much of those profits are now priced into stock prices anyway.

Inequality

In the United States more than all the gains of the last “recovery” have gone to the top 10% (really the top 3% or so.) There has limited broad based demand for new goods. Luxury goods, investment art, and London and Manhattan real-estate do not scale. Without widespread demand, opportunities for new businesses, with new employers, are limited.

Barriers to Entry

Much of this came under oligoplistic profits. Draconic “intellectual property” laws make it difficult to compete, bringing prices down and increasing volumes while freeing up money for people to spend on other things. 30% cuts from app stores and other virtual marketplaces make many businesses simply unprofitable—first they must make 30% for Apple or whoever, then they get to make a profit for themselves. But if you aren’t on those virtual marketplaces (and there is usually one which controls most of the business) you will not make enough sales to be viable. This sort of “you make no money without us, so we’ll take all the profits” behavior is little different from what the railroads did to farmers in the late nineteenth and early 20th centuries.

And while there’s tons of credit for big business and people who are already rich, a new business trying to get funding faces huge barriers to getting money. It’s boutique investment, it requires a lot of time, and most investors would rather just buy bonds, structured securities, or play the stock market. Money may be cheap, but not for you.



No Future Till The Current Rich Can Monetize It

We could have had a lot of what we have today many years ago.  But the rich control the politicians, and the politicians won’t allow it to occur.  There was great squealing for years about subsidies for solar, and corruption in how they were given out, but they were always a rounding error compared to subsidies for oil, let along the military-industrial complex, big agriculture, pharma, health insurance, and so on.  All of those industries were powerful enough to strangle subsidies to competitors (solar, generic drugs, whatever) and strong enough to insist on new laws which strangled startups and competition (every copyright extension is nothing but an anti-competitive measure intended to keep profits coming to incumbents.)

Bottom Line

We have too much money chasing too few returns because we’ve spent 40 odd years making sure that ordinary people get less and less money; the rich get more; and that oligopolies are nurtured and protected.  The rich control government, and they intend to make sure that all the money goes to them.  Unfortunately, in a mass market economy, that means the economy becomes lousier and lousier.  This doesn’t matter to the rich because they are comparatively better off. Better a Czar amidst serfs than the CEO of General Motors in 1955."
deflation  inflation  labor  capitalism  power  inequality  economics  2015  ianwelsh  wealth  us  policy  banking  finance  wallstreet  oligarchs  intellectualproperty  copyright  patents  business 
march 2015 by robertogreco
Enthusiasms: No Copyright Intended
"we live in a post-copyright society where everyone is a serial infringer, yet the outdated laws are still in effect, and sometimes, the copyright holders have the will and means to use those laws to punish single instances of what they, themselves, are likely doing."
2015  copyright  law  legal  hypocrisy  dmca  tumblr  internet  online  fairuse  sharing 
january 2015 by robertogreco
A Pirate’s Life for Me: Education as Common Good — Medium
"There is an ancient English practice of ‘beating the bounds’ — an annual festival that was held around this time each spring. People of the parish marched around the commons — the land they worked together — and trampled down any fences that had been put up to try to make land private. The commons was where the community had shared rights. It was where the parish planted and literally grew together. It was ‘the theatre within which the life of the community was enacted’ — and if there is a better definition of what a school is then I’d love to hear it.

As land enclosures accelerated through the 17th and 18th centuries this ritual of ‘beating the bounds’ took on an explosively political edge, and was seen as an act of piracy. I would argue that one of the reasons that pirates have been rising up again because that stage upon which our communities traditionally grow has continued to be so narrowed and reduced, as the spaces and arts that we used to share together have been enclosed for profit."



"In a political climate where all we hear is economic growth, in an educational climate where all we hear is the international rat race, it is a virtuous act of piracy to focus students on well-being and happiness rather than putting them through the mincer simply to improve our league table standing.

To encourage students to genuinely think beyond the raw economics is to encourage them to break down the enclosures of a consumer-capitalist worldview and see that life and childhood is a much much wider ocean.

Our schools should be that ‘theatre within which the life of the community is enacted’ — or, to turn that round, our schools should be theatres where the community learns to enact and embody life. Too often that life is narrowed ‘work hard to get the grades to get the degree to get the job to be wealthy.’ And if that’s what we teach in our communities, that’s what our communities can only become.

We need to encourage that spirit of radical self-determination, that desire for the common good, that worldview that values the arts and drama and classics and philosophy not for what they might eventually earn for us, but because they enrich our communities in ways that Gove will never see.

We need, in short, to act to protect childhood. To protect play. To protect time to kick a ball and do nothing."



"Pirates in literature and film are not just about swashbuckling thieves. They are about emancipation, about challenging the current order of things, rebelling against the Empire — not in order to destroy it — but to renew it.

And this is why this pirate archetype should be at the centre of what we do in education.

Not that everyone should be wearing stupid pirate costumes. But that every child coming to school should be encouraged to explore the commons of knowledge — not for some future financial gain, but just because.

And in a world where education has been turned into a commodity, a means of accessing wealth, it is an act of piracy for teachers to suggest that a different world is possible.

But, moreover, we should be encouraging these acts of piracy from students themselves.

Like Malala, like Wendy, like Luke, like Henry Hill the book pirate, they should be encouraged to play these roles and, in doing so, begin to individuate healthily and slay the structures that block them from full human becoming.

They might be girls challenging everyday sexism, boys challenging homophobia, students campaigning against rigid curricula and the elitism of the cabinet.

Whoever they are, we should be supporting them, creating theatres within which the sorts of communities we want to exist in are modelled.
Classroom as TAZ

During the Golden Age of piracy, pirate communes sprung up along the Moroccan and Caribbean coasts. In a laced-up world, these were places of extraordinary freedom and subversive liberty.

The authorities would hear of these places and send ships to shut them down. But, as one Admiral said at the time, it was ‘like sending a cow after a hare.’

These communities of pirates and freed slaves would spring up, dazzle and disappear. Leaving those who experienced them wondering what in heaven just happened.

They have since been described by historians as ‘Temporary Autonomous Zones’ — or TAZs.

They are a space liberated, for a short time only, and presenting a new form of being, ‘an intensification of everyday life, life’s penetration by the Marvellous’ as one writer put it.

That is what each classroom should be, what each lesson should aim at: a liberated space, penetrated by something marvellous, springing up and disappearing before Ofsted can crush it…

It is in these liberated spaces that education, true education, will happen."

[See also: https://pinboard.in/u:robertogreco/b:7161b69fef5d ]
kesterbrewin  education  pirates  piracy  commons  learning  schooling  unschooling  responsibility  howweteach  howwelearn  community  lcproject  openstudioproject  life  living  cv  peterpan  history  lukesywalker  starwars  patriarchy  liberation  anarchism  anarchy  temporaryautonomouszones  thomasjefferson  malalayousafzaiis  jollyroger  pisa  schools  2014  marcusredicker  henryhill  publishing  benjaminfranklin  knowledge  copyright 
october 2014 by robertogreco
▶ Mutiny! What our love of pirates tells us about renewing the commons: Kester Brewin at TEDxExeter - YouTube
"Kester Brewin teaches mathematics in South East London and is also a freelance writer, poet and consultant for BBC education. He writes regularly on education and technology for the national educational press, and has published a number of highly acclaimed books on the philosophy of religion.

His latest book Mutiny! Why We Love Pirates and How They Can Save Us is a groundbreaking re-examination of the culture of piracy, which seeks to understand our continued fascination with these characters whose skull and crossed bones motif appears on everything from baby-bottles to skateboards, yet are still pursued and condemned worldwide for theft and exploitation. Drawing on pirates from history, film and literature, Kester's work explores how our relationship to 'the commons' is central to an improved environmental, political and cultural consciousness, and also tries to work out why his son has been invited to countless pirate parties, but none (yet) with an aggravated robbery theme. His poetry has appeared in magazines around the world and he is currently preparing his debut novel for publication."

[See also: http://www.kesterbrewin.com/pirates/

Free online version
https://medium.com/mutiny-by-kester-brewin

Amazon (Kindle version)
http://www.amazon.com/dp/B008A5FVMY/

"What is it with pirates?

From Somali fishermen to DVD hawkers to childrens parties, pirates surround us and their ‘Jolly Roger’ motif can be found on everything from skateboards to baby-grows. Yet the original pirates were mutineers, rebelling against the brutal and violent oppression of the princes and merchants who enslaved them.

How has their fight become ours?

In this highly original and ground-breaking book, Kester Brewin fuses history, philosophy and sociology to explore the place of piracy in history and culture, and, calling on Blackbeard, Luke Skywalker, Peter Pan and Odysseus, chases pirates through literature and film into the deepest realms of personal development, art, economics and belief."

https://vimeo.com/52473140

"Pirates and Prodigals
A conversation between Kester Brewin, Peter Rollins, and Barry Taylor on the tragedy of the pirate and prodigal son archetypes and what this means for the future church. The discussion drew from ideas presented in Kester Brewin’s latest book, Mutiny! Why We Love Pirates, and How They Can Save Us.

Wednesday, October 24, 2012
Fuller Theologcial Seminary"]

[More here, specific to education: https://medium.com/@kesterbrewin/a-pirates-life-for-me-education-as-common-good-7f8349267fe1 ]
kesterbrewin  pirates  history  2013  piracy  anarchism  economics  politics  capitalism  blackbeard  oppression  democracy  collectivism  philosphy  sociology  freedom  sharing  distribution  bbc  publishing  music  learning  copyright  privategain  commons  ip  knowlege  privatization  books 
october 2014 by robertogreco
Here, Ansel! Sit, Avedon! - NYTimes.com
"It was in 2007 that Juergen Perthold, an engineer living in Anderson, S.C., strapped a tiny camera of his own design to the collar of his cat, Mr. Lee. When the images Mr. Lee captured while roaming around their neighborhood were posted online, they went, predictably, viral. Mr. Lee received a flurry of attention from the international media and became the star of a documentary, “CatCam: The Movie,” which made the film festival rounds in 2012 and even won a few awards.

Mr. Perthold has since refined his tiny camera, which was designed to record video or still photographs at programmable intervals, and has sold nearly 5,000 to pet owners in 35 countries, many of whom send their images back to Mr. Perthold, who displays them on his website. For Mr. Lee is not the only pet photographer, and his CatCam is not the only pet-oriented photographic device.

Last week, GoPro, a camera company made famous by surfers and other athletes who clip on its waterproof miniature Heros to record their adventures, introduced its own version: Fetch, a harness and camera mount designed for dogs. For years, pet owners had been rigging Heros to attach to their pets; perhaps you’ve seen the YouTube video of that surfing pig? (GoPro, a 10-year-old company that enjoyed a stunning I.P.O. in June, couldn’t say how many Heros have been used “off-label” in this way, but it did share its 2013 revenue: $985 million, up from $150,000 a decade ago. And GoPro’s spokesman was quick to remind this reporter that last year Americans spent nearly $60 billion on their pets.)

As programmable digital cameras get smaller and cheaper, the universe of pet, uh, journalism — or is it fine art? — has exploded. Scientists on both sides of the Atlantic have been using these technologies to learn more about the habits of all manner of animals, including house cats. The work of Leo, a cat from Yellowknife, Northwest Territories, has been made into a poster. Cooper, from Seattle, has had a gallery show of his work, which has also been collected into a book. A collaborative (what else to call them?) of Swiss cows posts their oeuvre at cowcam.ch.

Inevitably, copyright disputes have arisen over who exactly owns the images taken by nonhumans. As The Washington Post and others reported last month, David Slater, a British photographer whose camera was snatched up and passed around by macaque monkeys while he was in Indonesia in 2011, has been sparring with various media outlets, including Wikimedia, over their use of the winsome “selfie” one monkey shot with Mr. Slater’s camera."
animals  photography  gopro  pets  cats  dogs  pigs  cows  monkeys  2014  intellectualproperty  copyright  wikimedia  petcams  cameras  chriskeeney  juergenperthold  tortoises  georgejacobs  art  tonycenicola  catcam  vivianmaier  jamescoleman  dianaoswald  jamesdanziger  markcohen  paulfusco  streetphotography  alanwilson 
september 2014 by robertogreco
Kenneth Goldsmith - Talks | Frieze Projects NY
[Direct link to .mp3: http://friezeprojectsny.org/uploads/files/talks/Kenneth_Goldsmith.mp3 ]

"‘I Look to Theory Only When I Realize That Somebody Has Dedicated Their Entire Life to a Question I Have Only Fleetingly Considered’

A keynote lecture by the poet Kenneth Goldsmith, whose writing has been described as ‘some of the most exhaustive and beautiful collage work yet produced in poetry’ (Publishers Weekly). Goldsmith is the author of eleven books of poetry and founding editor of the online archive UbuWeb. In 2013, he was named as the inaugural Poet Laureate of MoMA."
kennethgoldsmith  copying  uncreativewriting  mercecunningham  writing  internet  web  online  remixing  culture  art  poetry  originality  appropriation  quantity  quality  curiosity  harrypotter  poetics  digital  reproduction  translation  displacement  disjunction  corydoctorow  change  howwewrite  pointing  data  metadata  choice  authorship  versioning  misfiling  language  difference  meaning  ethics  morality  literature  twitter  artworld  marshallmcluhan  christianbök  plagiarism  charleseames  rules  notknowing  archiving  improvisation  text  bricolage  assemblage  cv  painting  technology  photography  readerships  thinkerships  thoughtobjects  reassembly  ubuweb  freeculture  moma  outreach  communityoutreach  nyc  copyright  ip  intellectualproperty  ideas  information  sfpc  vitoacconci  audience  accessibility  situationist  museums  markets  criticism  artcriticism  economics  money  browsers  citation  sampling  jonathanfranzen  internetasliterature  getrudestein  internetasfavoritebook  namjunepaik  johncage  misbehaving  andywarhol  bobdylan  barbarakruger  jkrowling  china  creati 
august 2014 by robertogreco
it’s history, not a viral feed | Wynken de Worde
"Feeds like @HistoryinPics make it impossible for anyone interested in a picture to find out more about it, to better understand what it is showing, and to assess its accuracy. As a teacher and as someone who works in a cultural heritage institution, I am deeply invested in the value of studying the past and of recognizing that the past is never neutral or transparent. We see the past through our own perspective and often put it to use for our own purposes. We don’t always need to trace history’s contours in order to enjoy a letter or a photograph, but they are there to be traced. These accounts capitalize on a notion that history is nothing more than superficial glimpses of some vaguely defined time before ours, one that exists for us to look at and exclaim over and move on from without worrying about what it means and whether it happened.

But history is not a toy. It’s not a private amusement. And those of us who engage with the past know how important it is and how enjoyable it can be to learn about it and from it. These accounts piss me off because they undermine an enterprise I value.  Historical research—indeed, humanistic inquiry as a whole—is being undermined by the constant plugging of economic value as a measure of worth, the public defunding of higher education, and the rampant devaluing of faculty teaching.

And so @HistoryInPics makes me angry not for what it fails to do, but that it gets so many people to participate in it, including people who care about the same issues that I do. Attribution, citation, and accuracy are the basis of understanding history. @HistoryInPics might not care about those things, but I would like to think that you do. The next time you come across one of these pictures, ask yourself what it shows and what it doesn’t, and what message you’re conveying by spreading it.

And so as to not leave you on an angry note, I leave you with the following recommendations. Want some old pictures to laugh at? @AhistoricalPics is a hilarious, spot-on mockery of the trend. Looking for a twitter feed that will call attention to interesting historical tidbits while also providing accurate information and reliable attributions? @SlateVault, curated by actual historian Rebecca Onion, is a vault of treasures indeed. If those don’t give you enough outlet for your whimsy, try @libraryofaleph, which tweets verbatim the captions of images in the Library of Congress, allowing your imagination to run wild and then letting you search the Library of Congress yourself.

Follow these accounts and resist the others. You’ll thank me in the long run."
attribution  copyright  history  2014  sarahwerner  twitter  @HistoryInPics  @HistoricalPics  @History_Pics  mattnovak  truth 
february 2014 by robertogreco
JSTOR's Hidden Power - Alan Jacobs - The Atlantic
"Most academic journals get started at particular institutions, arising from the interests of a professor or two or three, but, while small numbers of people can edit such journals, the actual publication and distribution of them are more complicated. Eventually some academic presses came to specialize in such work—in America, Oxford University Press and Johns Hopkins University Press are probably the most prominent—and they provide multiple services to journal editors: They not only print and distribute, they also provide a kind of imprimatur, a seal of academic approval from well-regarded presses. To get your journal taken up by Oxford or Johns Hopkins is something of a coup.

It’s easy to see how these powers have been amplified in the digital age—and they’re powers that have had an enormous influence on how academic work gets done, from high-school students to the more elevated reaches of the professoriate. JSTOR (where the Oxford University Press journals, among many others, went) and Project Muse (which was created by Johns Hopkins University Press specifically for its journals) can make a very strong case for the value of their services to everyone in the academic ecosystem.

To the editors of journals, they say: We can get your articles—including long-forgotten ones, decades old—read and used by countless thousands of people who otherwise never would have heard of them.

To libraries, they say: You don't need to devote your staff’s limited time and energy to sifting through thousands of academic journals, trying to figure out which ones to buy access to. Just pay one fee to us—and perhaps to a couple of other equally prestigious services—and we’ll give your community instant access to thousands and thousands of peer-reviewed academic articles the quality of which we solemnly vouch for.

To students, they say: Figuring out what sources to use for your research paper is hard, isn’t it? You never know whether your professor is going to acknowledge a given source as reliable and appropriate, do you? Well, just search our database and use what you find there, and you’ll be good as gold.

And to faculty, they say: Students really have no idea how to evaluate sources, do they? And who has time to teach them? It’s not like you don't have enough to do already. So just point them to us, and they’ll be good as gold—and you’ll have one less thing to think about."
publishing  teaching  archives  digitalrights  copyright  research  openaccess  academia  robinsonmeyer  alanjacobs  2013  power  education  highered  highereducation  via:shannon_mattern 
december 2013 by robertogreco
COPYCAT
"
“My paintings and my drawings—are my livelihood, my creative capital, my intellectual property. It’s okay if you want to copy what I do for fun or practice. But it’s not okay to copy another artist’s work and sell it for profit without permission. That’s stealing, plain and simple. And it’s illegal based on copyright law.” — Lisa Congdon (via Copyright Alliance)

It’s rare for me to dedicate space to someone else’s content. However, since my intellectual property was stolen by an ad agency in Canada several years ago, I have a soft spot for artists who find themselves in similar situations. I am still grateful to all of the fans who waged an email war against the agency on my behalf. I credit them for the tail-between-the-legs apology call I finally received from the art director. That said, I felt obliged to pay it forward and do the same for Lisa Congdon. For my part, I sent dozens of emails to independent retailers who sell Cody Foster items and included links to both the Foster and Congdon sites. I figured that that was enough.

Yesterday, a friend posted a link to a surprising followup story written by Brian Sherwin. In the piece, Sherwin surmises that Congdon traces the artwork (in this case photographs) of others to make her own and sites examples to support his theory. If true, this would make the accuser just as culpable as the accused.

I liked the copying hypothesis and set out to see if I could find data to support it. I took the 4 images that Sherwin provided, aligned them in Photoshop and turned them into animated GIFS. Then, with a little help from Google, Tineye Reverse Image Search and the kind followers who sent me unsolicited links, I was able to match 87 more photographs to Congdon’s “originals”. Click on the gallery below and decide for yourself. Did she trace and copy or is it just coincidence?

[loads of images]

Afterword: I never planned to wade into this mess, but after re-reading Congdon’s diatribe, I felt like she ‘played me’ (and everyone else who came to her defense). Do I intend to swim any deeper? No. Information travels fast and, at some point, it will catch up to her. When it does, Congdon will most-likely be asked to confirm or deny what has been suggested. If the former is true, then she must ask herself the same questions that appear in her rant against Cody Foster:

“How is this okay? How do they go to bed at night and feel okay about themselves? How do they justify this grossly unfair practice?”

I had to justify my work shortly after the release of Uncovered: Photographs by Thomas Allen in 2007. A woman who I did not know, wrote a scathing review of my book on Amazon (which was eventually removed because it was more of a character assault than anything else) and sent nasty emails to my gallery and Aperture Foundation. Come to find out, her father —Robert E. McGinnis—was a cover painter and I’d used a character he painted in one of my cutouts. The daughter was upset because I failed to credit her dad—not because I incorporated part of his illustration. When commentary continued to materialize on other sites, I sent her an email which ultimately lead to a resolution. She’s quite a wonderful person (and funny)! I apologized for my oversight and sent her a copy of my book. She apologized for her Irish temper (her words not mine) and removed all of her negative comments. What I learned from this is that I need to be more conscientious about how (and what) I appropriate.

In Congdon’s case (if true), she needs to learn that tracing people’s photographs is copying. It doesn’t fall under the umbrella of ‘artistic license’ nor can it be classified as inspiration or appropriation. Some may classify this as production for profit—not art. Regardless of what it is, I never should have defended her.

“Fool me once, shame on you. Fool me twice, shame on me.” — Randall Terry

As a final note, my nine-year-old daughter (after hearing my wife and I talking about this) offered the best solution:

“If I was her, I’d go to every art store and buy “Learn to Draw” books. That way, it’s not cheating.”

ADDENDUM:

This is my final entry and it speaks louder than all of the previously-posted images combined. Take a look and decide for yourself—is it a copy of an original work of art (that is not a photograph) or is it just a coincidence? (click the larger image to animate):

[another example]"

[See also; http://theartedge.faso.com/blog/66723/lisa-congdon-vs-cody-foster-what-about-the-photographers
http://www.freshrag.com/podcast/cbp43/ ]

[More:
http://www.latimes.com/home/la-lh-cody-foster-design-20131105,0,5745288.story
http://www.examiner.com/article/lisa-congdon-artist-who-accused-cody-foster-herself-accused-of-copying ]
lisacongdon  copyright  tracing  art  ip  codyfoster  thomasallen  briansherwin  tamsenhortin  law  legal  markbrickey 
december 2013 by robertogreco
How to talk about copyright? | CopySpeak.org
"In the copyright debate, it doesn’t only matter what we say, but also how we do it. Language frames the discussion. Thus it is necessary to understand the words we use, their context, and the way they are used by others. It may happen that we win this or that battle in the copyright war, but if we allow the industry to shape the language we think in, the entire war will be lost.

Words are not neutral. They have meanings and connotations. They influence our perception of the world, they make ideas meaningful, they shape social practices and the law. It might even be said that words are more dangerous than arms. It’s hard to disagree. For the last 100 years or so, the language of the copyright debate was shaped by the industry and hardly resisted. There was not much independent insight. Now, most of basic terminology introduced into copyright debate undermines the rights of the public and supports the interests of a small group of beneficiaries: words like “intellectual property”, “piracy” or “legal access” rule the debate and influence its course. The current state of the law would be different,if we had been using terms like “intellectual monopoly”, “infringement” and “users rights” in the past instead. Policy makers and industry lobbyists try to impose their language onto the minds of the people. And what we do? We surrender. Scholars and copyfighters seem careless in their choice of words. We intend to change that. We intend to make you think about the meaning of words and influence your speaking habits. You may disagree with some or all of our opinions. However, we will be more than happy if we make you think more critically, consciously and carefully while using copyright language. Enjoy!

Jarosław Lipszyc"
copyright  games  jaroslawlipszyccopyspeak  ip  intellectualproperty 
december 2013 by robertogreco
The CSS-Tricks License | CSS-Tricks
"SUPER IMPORTANT LEGAL DOCUMENT
------------------------------
I don't give two hoots what you do with any of the design or code you find here.

Actually, I do. I hope you take it and use it, uncredited, on a super commercial website and get wicked rich off it. I hope you use it at work and your boss is impressed and you get a big promotion. I hope it helps you design a website and that website impresses somebody you think is super hot and you get married and have smart, chill babies. I hope you use the code in a blog post you write elsewhere and that website gets way more popular and awesome than this one.

If you feel like telling me about it, cool. If not, no big deal. If you feel better crediting it, that's cool. If not, don't sweat it.

If you copy an entire article from this site and republish it on your own site like you wrote it, that's a little uncool. I won't be mad at you for stealing, I just think you're better than that and want to see you do better. I'm not going to come after you though. I'd rather play ball with my dog. The only time I'll be mad at you is if you go out of your way to try and hurt me somehow. And again I probably won't even be mad, just sad. Unless I'm having a bad day too, in which case I apologize in advance for my snarky replies.

I want the web to get better and being all Johnny Protective over everything doesn't get us there. I understand other people feel differently about this and might have semi-legit reasons for protecting certain code, design, writing, or whatever. I work on some closed-source projects myself. CSS-Tricks isn't one of them. Go nuts."
via:maxfenton  css-tricks  sharing  attribution  code  opensource  copyright  licensing  creativecommons 
november 2013 by robertogreco
Why Isn't Gatsby in the Public Domain? | Electronic Frontier Foundation
"In the name of preserving profits for a handful of rightsholders, our cultural history is left to decay in legally imposed obscurity.

A diminished public domain doesn't just rob us of past works, but of the future works that could rely on an expanded public domain. Rightsholders have the power to veto derivative works simply by refusing to license the  works. And if the rightsholder can't be tracked down or confirmed — a real possibility when we’re talking about works that are nearly a hundred years old — the difficulty of getting a license can halt production altogether."
copyright  publicdomain  2013  greatgatsby  fscottfitzgerald  activism  ip  culture  history  culturalhistory 
may 2013 by robertogreco
Plagiarism: Maybe It's Not So Bad - On The Media
"Artists often draw inspiration from other sources. Musicians sample songs. Painters recreate existing masterpieces. Kenneth Goldsmith believes writers should catch-up with other mediums and embrace plagiarism in their work. Brooke talks with Goldsmith, MoMA’s new Poet Laureate, about how he plagiarizes in his own poetry and asks if appropriation is something best left in the art world."

[Full show here: http://www.onthemedia.org/2013/mar/08/ ]

"A special hour on our changing understanding of ownership and how it is affected by the law. An author and professor who encourages creative writing through plagiarism, 3D printing, fan fiction & fair use, and the strange tale of who owns "The Happy Birthday Song""
plagiarism  poetry  poems  2013  kennethgoldsmith  moma  appropriation  creativity  originality  writing  creativewriting  3dprinting  fanfiction  happybirthday  songs  music  drm  copyright  fairuse  ownership  possessions  property  law  legal  ip  intellectualproperty  campervan  beethoven  robertbrauneis  jamesboyle  history  rebeccatushnet  chrisanderson  michaelweinberg  public  publicknowledge  campervanbeethoven  davidlowey  johncage  representation  copying  sampling  photography  painting  art  economics  content  aesthetics  jamesjoyce  patchwriting  ulysses 
march 2013 by robertogreco
Memory to myth: tracing Aaron Swartz through the 21st century | The Verge
"“if you’re in the tech sector, why are you there? What do you really believe in? If you believe that technology is making the world a better place, why do you believe that? Do you really understand what makes the world a bad place to begin with?” When I think of Aaron, living out of a backpack even after he’d become wealthy, challenging other activists and philanthropists as irrational and unproductive, and unable to eat much more than white rice or water crackers without pain, I think that discomfort is entirely appropriate. We should be uncomfortable. We should be asking better questions. We should see nothing as inevitable."
journalism  information  technology  2013  ethics  aaronswartz  activism  timcarmody  techsector  copyright  purpose  education  tech  politics  values  policy  from delicious
january 2013 by robertogreco
The Overwhelming Empirical Case Against Patent and Copyright
"Below is an excerpt adapted from my draft paper “Law and Intellectual Property in a Stateless Society,” collecting and summarizing just some of the empirical case against patent and copyright."
copyright  patents  law  patentlaw  legal  economics  policy  2012  stephenkinsella  ip  intellectualproperty  from delicious
january 2013 by robertogreco
China Miéville: the future of the novel | Books | guardian.co.uk
"With the internet has come proof that there are audiences way beyond the obvious."

"In fact what's becoming obvious - an intriguing counterpoint to the growth in experiment - is the tenacity of relatively traditional narrative-arc-shaped fiction. But you don't radically restructure how the novel's distributed and not have an impact on its form. Not only do we approach an era when absolutely no one who really doesn't want to pay for a book will have to, but one in which the digital availability of the text alters the relationship between reader, writer, and book. The text won't be closed."

"A collection of artists and activists advocating the neoliberalisation of children's minds. That is scandalous and stupid. The text is open. This should – could – be our chance to remember that it was never just us who made it, and it was never just ours."

"We piss and moan about the terrible quality of self-published books, as if slews of god-awful crap weren't professionally expensively published every year."

"There's a contingent relationship between book sales and literary merit, so we should totally break the pretence at a connection, because of our amplifying connection to everyone else, and orient future-ward with a demand.

What if novelists and poets were to get a salary, the wage of a skilled worker?"

"This would only be an exaggeration of the national stipends already offered by some countries for some writers. For the great majority of people who write, it would mean an improvement in their situation, an ability to write full-time. For a few it would mean an income cut, but you know what? It was a good run. And surely it's easily worth it to undermine the marketisation of literature for some kind of collectivity.

But who decides who qualifies as a writer? Does it take one sonnet? Of what quality? Ten novels? 50,000 readers? Ten, but the right readers? God knows we shouldn't trust the state to make that kind of decision. So we should democratise that boisterous debate, as widely and vigorously as possible. It needn't be the mere caprice of taste. Which changes. And people are perfectly capable of judging as relevant and important literature for which they don't personally care. Mistakes will be made, sure, but will they really be worse than the philistine thuggery of the market?

We couldn't bypass the state with this plan, though. So for the sake of literature, apart from any- and everything else, we'll have to take control of it, invert its priorities, democratise its structures, replace it with a system worth having.

So an unresentful sense of writers as people among people, and a fidelity to literature, require political and economic transformation. For futures for novels – and everything else. In the context of which futures, who knows what politics, what styles and which contents, what relationships to what reconceived communities, which struggles to express what inexpressibles, what stories and anti-stories we will all strive and honourably fail to write, and maybe even one day succeed?"
writers  writing  publishers  democratization  democracy  futures  politics  selfpublishing  self-publishing  neoliberalism  copyright  hypertextnovels  fiction  literature  weirdfictionreview  ubuweb  lyricalrealism  zadiesmith  jamesjoyce  poulocoelho  oulipo  modernism  brunoschulz  lawrencedurrell  borges  ebooks  hypertext  hypertextfiction  text  cv  economics  publishing  leisurearts  bookfuturism  futureofbooks  2012  chinamieville  collectivity  money  artleisure  from delicious
august 2012 by robertogreco
Kirby Ferguson: Creating is Stealing - The Takeaway
"And it’s not just in music and movies that artists steal from other artists. It’s already happened in design during the war of smartphones. What did Apple steal from Samsung and what did Samsung steal from Apple? If we’re ever going to stop clogging up our legal pipes with endless patent lawsuits, Ferguson says we have to accept the ugly truth that creativity is stealing."

[See also: http://www.ted.com/talks/kirby_ferguson_embrace_the_remix.html ]
unfinished  nothingnewunderthesun  making  legal  law  creativity  stealing  ted  2012  copyright  patents  everythingisaremix  kirbyferguson  from delicious
august 2012 by robertogreco
My Chuck Close Problem
"I never intended to rip off Chuck Close, so when he emailed me in November 2010 threatening legal action, I did exactly what he said and took my filter offline immediately. Still, I feel obligated to point out that Close is the 14th richest living artist, worth a staggering $25 million. I really don’t think any work I make is going to “jeopardize” his career or his livelihood."

"This project started off as a simple college assignment and has quickly turned into a battle for visual artists’ rights. I’m fighting for creative freedom and battling against an antiquated way of thinking that is stifling a new form of artistic expression. It is inevitable, and artists like Chuck Close need to be willing to pass the torch to the next generation."
scottblake  computer-generated  computer-generatedart  appropriation  2010  2012  art  copyright  copyfight  chuckclose  from delicious
july 2012 by robertogreco
Welcome aboard! | Pirate university
"The Pirate University is a site specially build to allow students who don't have access to up-to-date academic resources (publications) to ask students who have, to help them out."
inequality  learning  access  opencourse  copyright  openaccess  pirateuniversity  piracy  education  journals  from delicious
june 2012 by robertogreco
A Whip to Beat Us With
"For too long, publishers have been worrying about the wrong thing, chasing pie-in-the-sky DRM that has never worked at stopping piracy, and will never work. In the process, they’ve fashioned a scourge for their own industry—a multimillion-dollar liability that their customers will have to absorb in order for publishers to get back any leverage at the bargaining table. And every book you allow a tech company to sell with DRM only increases that liability."
1998  dmca  jimhines  technology  ebooks  books  apple  kindle  publishers  2012  corydoctorow  amazon  publishing  copyright  from delicious
april 2012 by robertogreco
How TED Makes Ideas Smaller - Megan Garber - Technology - The Atlantic
"But: We live in a world of increasingly networked knowledge. And it's a world that allows us to appreciate what has always been true: that new ideas are never sprung, fully formed, from the heads of the inventors who articulate them, but are always -- always -- the result of discourse and interaction and, in the broadest sense, conversation. The author-ized idea, claimed and owned and bought and sold, has been, it's worth remembering, an accident of technology…

A TED talk, at this point, is the cultural equivalent of a patent: a private claim to a public concept. With the speaker, himself, becoming the manifestation of the idea…what TED has done so elegantly, though, is to replace narrative in that equation with personality. The relatable idea, TED insists, is the personal idea. It is the performative idea. It is the idea that strides onstage and into a spotlight, ready to become a star."
bylines  copyright  print  conversation  chrisanderson  sethgodin  elipariser  creativity  ownership  ideas  stardom  personality  conferences  interaction  discourse  2012  networkedknowledge  sinclairlewis  chautauqua  megangarber  ted  innovation  from delicious
march 2012 by robertogreco
Flickr disables Pinterest pins on all copyrighted images (exclusive) | VentureBeat
"The Yahoo-owned photo-sharing site has just added Pinterest’s newly introduced do-not-pin code to all Flickr pages with copyrighted or protected images.

“Flickr has implemented the tag and it appears on all non-public/non-safe pages, as well as when a member has disabled sharing of their Flickr content,” a Flickr representative confirmed to VentureBeat Friday. “This means only content that is ‘safe,’ ‘public’ and has the sharing button enabled can be pinned to Pinterest.”"
copyright  pinterest  flickr  2012  from delicious
february 2012 by robertogreco
Pinterest - Our View of this Project
All Metadata is Stripped
"Pinterest say on their copyright page that "Pinterest ("Pinterest") respects the intellectual property rights of others and expects its users to do the same." Deleting copyright metadata does not demonstrate respect for the originators work, an originator would expect their wishes to be respected as expressed in the copyright notice embedded in the metadata."

Opting in to Copyright Protection
"It requires the owners of every website in the world who do not want their work to be 'pinned' to update their website with this piece of code."

Pinterest can sell pinned work
"There is a great deal we could say about the above, but in this article we will just focus on one of the above words, the one highlighted in red. What does this mean? What it says, Pinterest can sell the content you upload to their website."
2012  copyright  pinterest  metadata  via:taryn  from delicious
february 2012 by robertogreco
Don't Make Me Steal
"1. Pricing: In general I want the pricing model to be simple & transparent. I don't mind a slight difference in pricing between movies with regard to the age of the movie.
* Rentals should not exceed 1/3 of the cinema price.
* Purchases should not exceed the cinema price.
* Monthly flat rate prices should not exceed 3 visits to the cinema.
* TV shows should cost 1/3 the price of movies.
* Payments are for the content, not bandwidth.

2. Languages
* I can obtain the audio in every language produced for the content.
* After purchasing a movie, all the languages are available.
* Fans are legally allowed to create and share subtitles for any content.

3. Convenience
* The content I paid for is instantly available.
* Content is delivered without ads, or disrupting infringement warnings.
* I can find movies or TV shows by year, director, language, country, genre, iMDB ID, etc.
4. Choice And Release Dates
* The release date is global. There are no limits regarding the country I live in…"
media  consumption  2012  manifesto  cinema  campaign  piracy  downloads  film  movies  copyright  manifestos  from delicious
february 2012 by robertogreco
The next SOPA – Marco.org
"MPAA studios hate us…w/ region locks…unskippable screens…encryption…criminalization of fair use…see us as stupid eyeballs w/ wallets, & they are entitled to constant stream of our money. They despise us…certainly don’t respect us.

Yet when we watch their movies, we support them.

Even if we don’t watch their movies in a theater or buy their plastic discs of hostility, we’re still supporting them…on Netflix or other flat-rate streaming or rental services, the service effectively pays them on our behalf next time they negotiate rights or buy another disc…if we pirate their movies, we’re contributing to statistics that help them convince Congress these destructive laws are necessary.

They use our support to buy these laws.

…instead of waiting for MPAA’s next law & changing our Twitter avatars for a few days in protest, it would be more productive to significantly reduce or eliminate our support of the MPAA member companies starting today, and start supporting campaign finance reform."
legal  law  us  lobbying  copyright  corruption  campaignfinance  politics  miaa  pipa  sopa  2012  marcoarment 
january 2012 by robertogreco
28c3: The coming war on general computation - YouTube
"The upshot: a world of ubiquitous malware, where everything we do to make things better only makes it worse, where the tools of liberation become tools of oppression.
Our duty and challenge is to devise systems for mitigating the harm of general purpose computing without recourse to spyware, first to keep ourselves safe, and second to keep computers safe from the regulatory impulse."

[Transcript: http://boingboing.net/2012/01/10/lockdown.html ]
society  anarchy  anarchism  2011  technology  law  anonymous  lulz  security  drm  future  occupywallstreet  ows  corydoctorow  computers  generalcomputation  copyright 
january 2012 by robertogreco
No Copyright Intended - Waxy.org
"Here's a thought experiment: Everyone over age 12 when YouTube launched in 2005 is now able to vote.

What happens when — and this is inevitable — a generation completely comfortable with remix culture becomes a majority of the electorate, instead of the fringe youth? What happens when they start getting elected to office? (Maybe "I downloaded but didn't share" will be the new "I smoked, but didn't inhale.")

Remix culture is the new Prohibition, with massive media companies as the lone voices calling for temperance. You can criminalize commonplace activities from law-abiding people, but eventually, something has to give."
andybaio  copyright  future  law  video  youtube  pulpfiction  remix  remixculture  prohibition  2011  remixing 
december 2011 by robertogreco
BBC - BBC World Service Programmes - The Forum, 08/08/2010
"Eminent sociologist Amitai Etzioni, says if our modern consumer society is the problem, then the answer is a ‘communitarian’ approach. But can this really work?

Getting beyond the individual is also what Nigerian novelist Teju Cole explores. In his case it’s not people around him, it’s communing with the past inhabitants of cities.

And from individual to common ownership in music: should songs belong to everyone? German musicologist Dr Daniel Müllensiefen dissects musical plagiarism."
amitaietzioni  communitarianism  consumerism  society  2010  tejucole  books  danielmüllensiefen  music  musicology  plagiarism  copyright  ip  economics  cities  past  memory  lagos  nigeria  from delicious
november 2011 by robertogreco
Lawrence Lessig on Help U.S. / PICNIC Festival 2011 on Vimeo
"How are governments responding to the entitlement, engagement and sharing brought about by the Internet? How can policy "mistakes" be fixed in "high funcrctioning democracies"?<br />
Harvard law professor and Creative Commons founder Lawrence Lessig describes how policy errors in the United States are having unintended negative consequences and he implores "outsiders" to help US to correct its mistakes with balanced, sensible policy alternatives."
larrylessig  corruption  us  copyright  congress  lobbying  politics  policy  specialinterests  publicpolicy  ip  broadband  napster  culture  remixing  readwriteweb  web  internet  2011  netherlands  extremism  capitalism  history  alexisdetocqueville  future  corporatism  present  stasis  equality  entitlement  democracy  remixculture  from delicious
september 2011 by robertogreco
Rhizome | 5 Million Dollars 1 Terabyte (2011) - Manuel Palou
"5 Million Dollars 1 Terrabyte (2011) is a sculpture consisting of a 1 TB Black External Hard Drive containing $5,000,000 worth of illegally downloaded files. A full list of the files with clickable download links can be found here: http://www.art404.com/5million1terrabyte.pdf "
art  piracy  sculpture  readymade  copyright  2011  from delicious
august 2011 by robertogreco
Dymaxion: Transnationality and Performance
"…I crossed an international border to install an app on my cellphone. That wasn't the nominal purpose of the trip, but if we step back from our understanding of internationalization & international copyright law, that interaction btwn border crossing & the performance of an effectively physical act is almost surreal. More surreal is possibility…that I could have simply traded my Icelandic SIM card for my US one &…effectively, virtually, performed that border crossing…

Like everyone else, my life is bound up mostly w/ those of some few hundred other people, & lived in a specificity of place mostly across some few square km. Unlike many other people, the future is rather more heavily salted into it, & that space is split over various countries. It is unclear if transnational culture or border performance will win, or how long a compromise of ever-increasing osmotic pressure can last. I dearly hope…immediate awareness of our ultimate interconnectedness will triumph regardless."
international  global  borders  simcards  law  copyright  interconnectedness  transnationalism  transnationality  porous  porosity  future  present  eleanorsaitta  bordertown  culture  permeability  osmosis  neo-nomads  nomads  ip  intellectualproperty  vpn  translation  history  serfdom  language  jacobapplebaum  moxiemarlinspike  us  cities  interconnected  interconnectivity  from delicious
july 2011 by robertogreco
Weekend At Kermie's: The Muppets' Strange Life After Death | The Awl
"A character without specificity is not one."

"To demonize is to become the demon."

"When I say that the Muppets’ art direction is makeshift, I don’t mean that it’s shoddy. But it celebrates human limitation. As we watch one of these movies, we never lose our awareness that these scenes were made by men and women. Craftmanship, the game of how good any one artist can be, is presented—not hidden—and as such it can inspire others."

"What matters in the Muppet universe isn’t perfection, but expression. Dancing across the screen, they embody the philosophy that it is not what you look like that matters, but what you do."
art  creativity  film  copyright  muppets  puppets  perfection  human  humanism  specificity  makeshift  making  craft  limitations  constraints  via:rushtheiceberg  doing  meaning  purpose  glvo  jasonsegel  jimhenson  remix  remixing  remixculture  craftsmanship  from delicious
july 2011 by robertogreco
CYBER-COMMUNISM by Richard Barbrook | Imaginary Futures
"Within the Net, working together by circulating gifts is now a daily experience for millions of people. As well as in their jobs, individuals also collaborate on collective projects in their free time. Freed from the immediate disciplines of the marketplace, work can increasingly become a gift. The enlightened few are no longer needed to lead the masses towards the future. For the majority of Net users are already participating within the productive relations of cyber-communism…Having no need to sell information as commodities, they spontaneously work together by circulating gifts. All across the world, politicians, executives and pundits are inspired by the rapid expansion of e-commerce in the USA. Mesmerised by neo-liberal ideology, they fail to notice that most information is already circulating as gifts within the Net. Engaged in superseding capitalism, Americans are successfully constructing the utopian future in the present: cyber-communism."
communism  cyberspace  capitalism  richardbarbrook  internet  networks  networkculture  networkcommunities  communities  cyber-communism  californianideology  gifteconomy  economics  sharing  copyright  modernism  modernity  commodities  abundance  cognitivesurplus  1999 
june 2011 by robertogreco
notes.husk.org. Should Jay have the right to claim the derived....
"“Should Jay have right to claim derived image isn’t fair use & ask for cease & desist? Yes. He’s not, as many are saying, a dick for his opinion. Should Andy have the ability to defend his stance that it is fair use. Of course. Should it take the kind of money that only either corporations or the very rich can easily afford to spend in order to get a judge’s ruling and find out? Definitely not. That’s the real problem here.”

James Duncan Davidson writing about The Maisel vs Baio Incident.

I strongly agree…Currently US (&, largely, UK) ration access to law on ability of both (sometimes prospective) litigant & defender to pay, rather than merits of case.

Another piece…mentions Shepard Fairey vs AP case (Obama Hope poster) would have made great case law. Instead…ended w/ out of court settlement. Shame.

(…another public service which has more demand than access—health care…UK largely rations through need, via NHS…US dependent on employment, age, & to nontrivial extent, mone)
andybaio  law  litigation  money  power  government  copyright  fairuse  2011  paulmison  corporations  corporatism  legalsystem  us  uk  helathcare  via:preoccupations  employment  age  settlements  outofcourtsettlements  shepardfairey  associatedpress  ap  obamahope  jamesduncandavidson  photography  ageism  agism  from delicious
june 2011 by robertogreco
Kind of Screwed - Waxy.org
"It breaks my heart that a project I did for fun, on the side, and out of pure love and dedication to the source material ended up costing me so much — emotionally and financially. For me, the chilling effect is palpably real. I've felt irrationally skittish about publishing almost anything since this happened. But the right to discuss the case publicly was one concession I demanded, and I felt obligated to use it. I wish more people did the same — maybe we wouldn't all feel so alone."
design  art  culture  photography  copyright  andybaio  pixelart  8-bit  derivitivework  remix  remixculture  2011  music  internet  remixing  from delicious
june 2011 by robertogreco
Vivek Haldar : Stallman's Dystopia
"It sounded like a ridiculous, unbelievable dystopia. It was even written like sci-fi. Of course that would never happen! Nobody would stand for this, ever, right?

But exactly what Stallman described has come to pass, with very little protest.

For example, here are the terms under which you can lend your Kindle books: books where lending is enabled by the seller, “can be loaned once for a period of 14 days.” Most other ebook stores and audio book stores have similarly restrictive policies."

[Refers to this Richard Stallman piece from 1997: http://www.gnu.org/philosophy/right-to-read.html ]
technology  books  information  activism  2011  vivekhaldar  richardstallman  sharing  law  dystopia  bookfuturism  stevenjohnson  ipad  ebooks  copying  copyright  drm  1997  from delicious
may 2011 by robertogreco
Prescribed pain by corporate America - Opinion - Al Jazeera English
"This industry is one of the most profitable in the country making about 18 cents profit on every dollar of sales; it is aided by government using our tax dollars to fund about one third of all research on new drugs the industry gets at no charge; the industry spends about twice as much on advertising, promotion and administrative costs as they do on R & D to develop new drugs; the prices charged for prescription drugs in the US are inordinately high compared to the rest of the world and are rising at about four times the rate of inflation; these rising costs plus those for most all health services are rising so fast, companies are forcing their employees to pay a greater share of them or are reducing overall health care benefits.<br />
<br />
Ever feel like you are the bank and they are Dillinger? If not, you probably should."
government  copyright  regulation  pharmaceuticals  bigpharma  markets  health  us  policy  politics  influence  drugs  2011  corporations  corporatism  from delicious
march 2011 by robertogreco
Presumed Guilty | The Public Domain |
"The problem is not simply that Shakespeare flourished without copyright protection for his work. It is that he made liberal use of the work of others in his own plays in ways that would today almost certainly generate a lawsuit. Like many readers, I found myself wondering whether Shakespeare would have survived copyright, never mind the web. Certainly, the dense interplay of unidentified quotation, paraphrase and plot lifting that characterizes much of Elizabethan theatre would have been very different; imagine what jazz would sound like if musicians had to pay for every fragment of another tune they work into a solo."
publicdomain  copyright  internet  oped  web  jamesboyle  via:preoccupations  shakespeare  law  jazz  remix  remixculture  music  remixing  from delicious
february 2011 by robertogreco
Pirate Party (Sweden) - Wikipedia
"The Pirate Party (Swedish: Piratpartiet) is a political party in Sweden founded in 2006. Its sudden popularity has given rise to parties with the same name and similar goals in Europe and worldwide, forming the international Pirate Party movement.<br />
<br />
The party strives to reform laws regarding copyright and patents. The agenda also includes support for a strengthening of the right to privacy, both on the Internet and in everyday life, and the transparency of state administration. The Party has intentionally chosen to be block independent on the traditional left-right scale to pursue their political agenda with all mainstream parties."
sweden  politics  pirateparty  copyright  privacy  transparency  government  from delicious
february 2011 by robertogreco
The Volokh Conspiracy » There Should Be A Name for This One, Too:
"To begin with, how odd is it that they’d invoke Shakespeare in this context? “We need stronger copyright or else we won’t get the next Shakespeare” is like arguing “We need the designated hitter, or how will we ever get the next Babe Ruth?” In a copyright-free world — not that I’m advocating such a thing, but hey, you brought it up — we’ll get the next Shakespeare the way we got the last Shakespeare, in a copyright-free world. The first copyright statute, the Statute of Anne, wasn’t passed until 1709, long after Shakespeare was a-moulderin’ in the grave. [That’s what we need a name for — this kind of absurdly misplaced historical argument]"
ip  copyright  shakespeare  history  accuracy  neologisms  truth  fact  from delicious
february 2011 by robertogreco
Nauli's daily dose
"As we don't own most of the photos posted here and often believe in sources given from others, please let us know, if there is anything wrong or you want us to remove a photo you own." [This is one way to do it.]
attribution  tumblr  tumbling  copyright  permission  sharing  source  from delicious
february 2011 by robertogreco
OpenAttribute
"The problem: Creative Commons licensed content is awesome, but attributing it properly can be difficult and confusing. The first rule for re-using openly licensed content is that you have to properly attribute the creator. There are specific requirements for what needs to go into that attribution, but those requirements can be confusing and hard to find.<br />
The solution: A simple tool everyone can use to do the right thing with the click of a button. That’s why we’re building Open Attribute, a suite of tools that makes it ridiculously simple for anyone to copy and paste the correct attribution for any CC licensed work. These tools will query the metadata around a CC-licensed object and produce a properly formatted attribution that users can copy and paste wherever they need to.<br />
<br />
Open Attribute is a Mozilla Drumbeat project born at the “Learning, Freedom and the Web” Festival in Barcelona."
copyright  creativecommons  cc  mozilla  licensing  attribution  openattribute  from delicious
february 2011 by robertogreco
Musing about 2011 and an un-national generation – confused of calcutta
"The internet, Web, Cloud, these are essentially disruptive global constructs for many of us. The atoms that serve as infrastructure for these global constructs are physically located in specific countries; the laws & regulations that govern the industries disrupted by these constructs are themselves usually national in structure; the firms doing the disrupting are quasi-stateless in character, trying…to be “global”; emerging & future generations have worldviews that are becoming more & more AmazonBay, discarding the national middle for edges of global & hyperlocal.

We are all so steeped in national structures for every aspect of this: the law, governance model, access & delivery technologies, ways of doing business — that we’re missing the point.

Everything is becoming more stateless, more global. We don’t know how to deal with it. So we’re all trying very hard to put genies back in bottles, pave cowpaths, turn back waves, all with the same result.

Abject failure."
postnational  global  globalization  globalism  nationalism  national  business  law  culture  mobility  cv  jprangaswami  digital  analog  thirdculture  un-national  generations  internet  web  cloud  government  wikileaks  taxes  regulation  fundraising  residency  identity  statelessness  open  closed  trade  copyright  regional  local  hyperlocal  williamstafford  poetry  borders  from delicious
january 2011 by robertogreco
Lessig: It's Time to Demolish the FCC - Newsweek
"The solution here is not tinkering. You can't fix DNA. You have to bury it. President Obama should get Congress to shut down FCC & similar vestigial regulators, which put stability & special interests above public good. In their place, Congress should create something we could call Innovation Environment Protection Agency (iEPA), charged with simple founding mission: "minimal intervention to maximize innovation." iEPA's core purpose would be to protect innovation from its 2 historical enemies—excessive government favors, & excessive private monopoly power…

America's economic future depends upon restarting an engine of innovation & technological growth. A first step is to remove government from mix as much as possible…corporate America has come to believe that investments in influencing Washington pay more than investments in building a better mousetrap…We need to kill a philosophy of regulation born w/ 20th century, if we're to make possible a world of innovation in 21st."
innovation  copyright  internet  government  2008  larrylessig  monopolies  restart  influence  corruption  power  patents  communication  stasis  gamechanging  from delicious
december 2010 by robertogreco
YouTube - All Creative Work Is Derivative
"Our second "Minute Meme," illustrating how all creative work builds on what came before. Photographed and animated by Nina Paley. Music by Todd Michaelsen ("Sita's String Theory," a Bonus Track on the soon-to-be-released Sita Sings the Blues soundtrack CD!). Photographed at the Metropolitan Museum of Art, New York City. More information at http://questioncopyright.org/minute_memes/all_creative_work_is_derivative High res version at: http://www.archive.org/details/AllCreativeWorkIsDerivative [Via: http://blog.frankchimero.com/post/1310613784/all-creative-work-is-derivative-via ]
copyright  art  creative  education  philosophy  meta  video  copyleft  toshare  topost  from delicious
october 2010 by robertogreco
Open education: if you can do it, do it | FLOSSE Posse
"NYTimes wrote about fathers’ leave in Sweden. The articles ends w/:

"In Sweden I am on right,” Mr. Westerberg said, “but in US, I’m considered Communist.”"

Some days ago David Wiley wrote that w/ open content Open Knowledge Foundation gets it wrong when claiming share-alike licenses are open but non-commercial ones aren’t.

For those who are not familiar w/ open/free content/knowledge discussion, share-alike license has a condition asking people who remix or build upon content to distribute resulting work under same license. The license ensures later works will stay in commons. Wiley wrote:

“When authors adopt share-alike license, they are saying: we value the freedom of content over the freedom of people.”

As an author using share-alike license I see this a bit differently. I value the *freedom of mankind*, the common good, over the freedom of content or individuals.

I think that this is the way most SA people see it: When you are given, you should give back, too."
teemuleinonen  sharealike  communities  freedom  collectivegood  licensing  copyright  sweden  us  policy  individualism  opencontent  open  openknowledgefoundation  commercial  non-commercial  creativecommons  free  from delicious
september 2010 by robertogreco
Everything Is a Remix
"This site is a companion blog to the four-part video series, Everything is a Remix. The first episode of the series has been published and part two should be complete around the end of this year."

[via: http://www.openculture.com/2010/09/everything_is_a_remix.html via http://twitter.com/willrich45/status/24562804816 ]

[Related: A line that didn't make the cut for my Back to School Morning talk this year: There is nothing new under the sun. We build on the work of others. The NMY program is just our remix (blend) of what we consider to be the best ideas in learning and education from throughout history—Socrates, Dewey, Illich, Freire, Montessori, Postman, Ward, Holt, Meier, Kohn, Darling-Hammond, et al.]
tcsnmy  lcproject  remix  remixing  creativity  copyright  art  culture  mashup  music  video  documentary  cv  unschooling  deschooling  publicdomain  comments  remixculture  from delicious
september 2010 by robertogreco
Daring Fireball: Tynt, the Copy/Paste Jerks
"All of this nonsense — the attribution appended to copied text, the inline search results popovers — is from a company named Tynt, which bills itself as “The copy/paste company”.
daringfireball  usability  seo  spam  copypaste  attribution  javascript  webdev  publishing  wastingourtime  copyright  chrome  ads  internet  web  advertising  webdesign 
may 2010 by robertogreco
Geek Power: Steven Levy Revisits Tech Titans, Hackers, Idealists | Magazine
"Unlike the original hackers, Zuckerberg’s generation didn’t have to start from scratch to get control of their machines. “I never wanted to take apart my computer,” he says. As a budding hacker in the late ’90s, Zuckerberg tinkered with the higher-level languages, allowing him to concentrate on systems rather than machines.
future  facebook  economics  microsoft  opensource  hackers  hacking  history  copyright  computing  computers  business  technology  programming  gamechanging  idealism  futurism  culture  books 
may 2010 by robertogreco
stevenberlinjohnson.com: The Glass Box And The Commonplace Book [If you are looking at this, you are looking at my commonpace book—Delicious.]
"“commonplacing,”...transcribing interesting/inspirational passages from reading, assembling personalized encyclopedia of quotes...central tension btwn order & chaos, btwn desire for methodical arrangement, & desire for surprising new links of association...rereading of commonplace book becomes new kind of revelation...holds promise that some long-forgotten hunch will connect in new way w/some emerging obsession...words could be copied, re-arranged, put to surprising new uses in surprising new contexts. By stitching together passages written by multiple authors, w/out explicit permission/consultation, new awareness could take shape...connective power of web is stronger than filtering...partisan blogs usually 1 click away from opposites...[in] print or f2f groups [leap to] opposing point of view...rarer...reason web works wonderfully...leads us...to common places, not glass boxes...journalists, educators, publishers, software devs, & readers—keep those connections alive."
hunches  stevenjohnson  ipad  books  print  web  google  search  connections  commonplacebooks  johnlocke  thomasjefferson  notetaking  quotations  quotecollections  cv  howwework  connectivism  recursion  history  creativity  copyright  context  connectivity  hypertext  internet  journalism  language  literature  media  reading  writing  technology  research  2010  drm  education  learning  patterns  patternrecognition  revelation 
may 2010 by robertogreco
Twitter Support : Reposting others' content without attribution [This exists.]
"Twitter provides a platform for users to upload and share ideas and content. Users may share Tweets posted by others using features such as Retweeting.

As a policy, we do not intervene in personal disputes between users. If you believe your Tweet has been posted without proper attribution and the situations below are inapplicable to your case, you can use an @reply or direct message to contact the other user."
twitter  termsofservice  tos  attribution  spam  rules  content  retweets  copyright 
february 2010 by robertogreco
Bookfuturism | mapping the future of reading [Background: http://snarkmarket.com/2009/4468]
"Bookfuturism.com is a digital commons and multi-user blog open to anyone interested in the future of reading. It's also a social network for bookfuturists - men and women who believe that books, bookshops, libraries, publishers, newspapers, authors, and readers have a future -- albeit one that may be radically different from the present -- and who want to participate in that future."
bookfuturism  books  innovation  publishing  copyright  googlebooks  future  bookstores  booksellers  technofuturism 
december 2009 by robertogreco
Robin writes a book (and you get a copy) » The Moving Monks, a mysterious package, and a contribution to the commons — Kickstarter
"What's an interesting remix opportunity for the text and illustrations from a short book, in part or in whole? Not just redistribution—that's easy—but something transformative. Any examples you can think of? Any new ideas—things you'd like to see?" [see comments]
creativecommons  copyright  remixin  books  writing  robinsloan  transformation  corydoctorow  publishing 
october 2009 by robertogreco
100 years of Big Content fearing technology—in its own words - Ars Technica
"For the last hundred years, rightsholders have fretted about everything from the player piano to the VCR to digital TV to Napster. Here are those objections, in Big Content's own words."
copyright  communication  technology  culture  politics  history  innovation  capitalism  intellectualproperty  propaganda  humor  business  music  media  fear  napster  drm  audio  law  change 
october 2009 by robertogreco
Plagiarism Checkers: 5 Free Websites To Catch The Copycats
"Many tools exist which help us in sidestepping prickly copyright issues. The professional ones are of course potent, spiffy and dollar loving. The free ones may not be too much on looks but without a pinch they are adequate for the blogger world. Here at MakeUseOf, we have previously covered quite a few content tracking web services.
plagiarism  tools  copyright  reference  checker  research  onlinetoolkit 
october 2009 by robertogreco
Teaching Copyright
"EFF's Teaching Copyright curriculum was created to help teachers present the laws surrounding digital rights in a balanced way.
eff  education  learning  creativecommons  teaching  curriculum  legal  ict  fairuse  medialiteracy  copyright  lessonplans 
may 2009 by robertogreco
Cory Doctorow: When love is harder to show than hate | Technology | guardian.co.uk
"one of the most perverse elements of copyright law: the reality that loving something doesn't confer any right to make it a part of your creative life. The damage here is twofold: first, this privileges creativity that knocks things down over things that build things up. ... Second, this perverse system acts as a censor of genuine upwellings of creativity that are worthy in their own right, merely because they are inspired by another work. ... This isn't a plea for unlimited licence to commercially exploit the creations of others. ... it's a vision of copyright that says that fannish celebration – the noncommercial, cultural realm of expression and creativity that has always accompanied commercial art, but only lately attained easy visibility thanks to the internet – should get protection, too. That once an artist has put their works in our head, made them part of our lives, we should be able to live those lives."
art  law  copyright  opinion  corydoctorow  fanfiction  creativity  via:preoccupations 
may 2009 by robertogreco
Fuck the foundries [dive into mark]
"They still think they’re in the business of shuffling little bits of metal around. You want to use a super-cool ultra-awesome totally-not-one-of-the-11-web-safe-fonts? Pick an open source font and get on with your life."
creativecommons  opensource  open  fonts  design  webdev  typography  css  licensing  copyright  webdesign 
may 2009 by robertogreco
Wooster Collective: Why We Don't Post Open Calls For Submissions To Design Competitions
"nine times out of ten, the terms and conditions (i.e. "the fine print") is so onerous and unfair to every single person who enters, that we would never, in good conscious, suggest that people participate.
woostercollective  rights  copyright  law  legal  competitions  art  artists 
april 2009 by robertogreco
Newswise Business News | Economists Say Copyright and Patent Laws Are Killing Innovation; Hurting Economy
"Patent and copyright law are stifling innovation and threatening the global economy according to two economists at Washington University in St. Louis in a new book, Against Intellectual Monopoly. Professors Michele Boldrin and David K. Levine call for abolishing the current patent and copyright system in order to unleash innovations necessary to reverse the current recession and rescue the economy. The professors discuss their stand against intellectual property protections in a video and news release linked here."
economics  innovation  patents  copyright  intellectualproperty  ip  law  politics  legal  drm  research 
march 2009 by robertogreco
Facebook's New Terms Of Service: "We Can Do Anything We Want With Your Content. Forever."
"Facebook's terms of service (TOS) used to say that when you closed an account on their network, any rights they claimed to the original content you uploaded would expire. Not anymore.
facebook  internet  socialnetworking  socialmedia  socialsoftware  security  ethics  rights  legal  2009  consumerist  copyright  content  privacy  via:crystaltips 
february 2009 by robertogreco
Seed: The True 21st Century Begins: From the fevered mind of Bruce Sterling and his alter-ego, Bruno Argento, a consideration of things ahead.
"The year to come is best approached as a learning opportunity. It offers a golden chance to bury our dead prejudices and learn how to properly feed the living. Once we stop shaking all over and scolding Americans, we will recognize the tremendous potential this new century offers the people of the world. The sun still shines, the grass still grows, we are still human. If we stopped pretending to be puppets of an invisible hand, we would not fret over the loss of the 20th century's strings. We might see that life is sweet."
brucesterling  brunoargento  crisis  copyright  futurism  italy  21stcentury  environment  economics  politics  science  future  aging  us  military  2009 
january 2009 by robertogreco
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