This Week In The Fight For Digital Culture

Much in the way of interesting and infuriating has gone on this week in the areas of intellectual property, privacy, digital rights, open source and Googlization. A lot of it comes down to the rights of citizens and businesses in a networked society both parties helped create, the crucial need to protect the public domain, where innovation lies and the golden rule: he who has the gold (in this case, money and political power) makes the rules.

IP ALLIANCE TO OPEN SOURCE: YOU’RE PYRATES. ME: YARRRR! Like anti-healthcare legislators who take money from insurance companies, the US-based International Intellectual Property Alliance and its friends in congress should not have any say in determining the future of copyright and intellectual property, and how other countries set their own IP laws. Instead, the IP Alliance wants the United States to consider a Pirate or Enemy Of The State any nation that uses and encourages free/open-source software. Indonesia is the latest nation on the Alliance’s 301 watchlist for having the audacity to give “preference to free/open-source software because it will cost less and reduce the use of pirated proprietary software in government.”

That’s Apache, Blender, GNU packages, Linux packages, Perl, Python, Ruby, Thunderbird and WordPress, for starters. While I fully agree with Cory Doctorow that “this is like crack dealers campaigning against having a laugh with friends because happiness reduces the need for intoxicants,” what angers me about it is the sheer hypocrisy of the IP Alliance and the businesses it represents. Any technologist or R&D person will tell you that an astonishing number of these same companies use free/open-source software to maximize their technology budgets, innovate using these free tools and then slap patents and all kinds of proprietary-IP stickers on their final products. You think I’m kidding? The Recording Industry Association of America website runs on Apache and PHP. *facepalm*

No, kids, Walt Disney did not invent Cinderella and Snow White. Just like Disney built its fortune by copyrighting works in the public domain, the IP Alliance fosters this unethical business model: Build on or monetize free or cheap ideas and technologies that have come before, and then shut off these alternatives by buying yourself several congresspeople. (And people wonder why the Citizens United vs. Federal Election Commission decision was so dastardly and wrong.) When the technology world clamors for automation, standardization and interoperability, i.e. different systems of different capabilities playing together more efficiently, is not the time to make useless noise against open standards and technologies. During a recession when innovation is key, charging $1000/lb for a sack of shit top dollar for clunky, mediocre products and enforcing these as preferred solutions with political bribery, in lieu of free, shared and open source technologies, is stupid and tantamount to the communism Real Americans so fervently dread.

SPYCAMGATE Schools spy on kids through webcams. This shocker made it into the mainstream news, so I’m sure all of you know about the class action lawsuit filed against Pennsylvania’s Lower Merion School District and associated offenders by now. What you probably don’t know is that this is not an isolated incident. In the PBS Frontline Digital Nation documentary, which aired earlier this month, a Bronx school administrator boasts that he regularly monitors students remotely through their school-issued laptops. Parents: This is an egregious violation of privacy, especially using property purchased with your taxes. Take this opportunity to check your kids’ equipment, know your rights and read Cory Doctorow’s Creative-Commons-published Little Brother before he is thrown in the brig with the Indonesians.

PLEASE ROB ME & SCRUB MY KITCHEN FLOOR WHILE YOU’RE AT IT Despite being an IT professional or perhaps exactly because of it, my husband has no social media accounts. He can be contacted solely via email, phone or the occasional private IM. D’s rationale is that there is enough information about him out there, should someone choose to search hard enough or pay enough, that he doesn’t need to feed the beast. Conversely, Twitter Queen (someone at work actually called me this today) here is still not afraid that someone is going to rob my house when I’m gone and tweet from the road because they have to a) know where I live and b) say hello to aforementioned big, burly husband if he happens to be home. Maybe he is, maybe he isn’t. You’ll just have to find out. Big, burly Neighbors 1 and 2 and crazy hunter dude with shotgun may be around, too, so take your chances.

Patrix comes closest to pointing this out, but if you are smart about what social media outlets you pick, employ the highest privacy settings and don’t declare your street address or UTM coordinates, you can tell the whole world you’re leaving your jewelry and electronics on the back porch and are going away for a month and folks will not be able to use social media to locate your home. Unless they bribe your crappy friends, in which case you’re screwed anyway and it’s not Twitter’s or FourSquare’s fault.

MORE BAD NEWS FOR GOOGLE Google’s Top Executives Defied Italy’s Privacy Laws Except this time, I’m on Google’s side. They did not act quickly enough to pull down a YouTube video that showed kids bullying an autistic/handicapped boy, which violates Italy’s privacy laws, but this may be the only chance for justice for the assaulted child. Should the kid’s guardians sue, the video may be thrown out as evidence for being fruit of the poisoned tree (assuming Italy does assault lawsuits & has similar legal code). This is a tough one: Do we allow Google to flout international laws in humanitarian ca(u)ses, but complain loudly that we don’t want a large corporation in our business when it comes to our email and Buzz? I’d love to hear your thoughts.

BOOK Tarleton Gillespie, law-technology-media-culture professor and blogger, was at the University of Illinois at Urbana-Champaign on February 23rd to speak about the politics of online media platforms. I wasn’t able to attend but am waiting on responses from friends who did attend. Gillespie’s book Wired Shut: Copyright and the Shape of Digital Culture nicely sums up the fight for digital culture and the links in this post. From the Wired Shut website:

… the enforcement of copyright law in the digital world has quietly shifted from regulating copying to regulating the design of technology

… this approach to digital copyright depends on new kinds of alliances among content and technology industries, legislators, regulators, and the courts, and is changing the relationship between law and technology in the process. The [print,] film and music industries are deploying copyright in order to funnel digital culture into increasingly commercial patterns that threaten to undermine the democratic potential of a network society.

That’s it for This Week In The Fight For Digital Culture. Keep thinking. Keep fighting.

A List Of Lists

Lizzy Caston and I were to write a mode d’emploi for air travel in this day and age of the ever-orange threat advisory.  A sample: Lady, please do your best not to wear four-inch-heeled slouch boots and every metal ring and bracelet in your collection before entering airport security.  The grimace on your face as you hobble about like a startled flamingo while trying to yank that thing of your foot amuses no one and only makes us standing in line behind you at 6AM want to push you down and carry on. Ok, it wasn’t going to be snide and actually more polite and helpful, honest.  Given recent explosive and “explosive” events and evolving TSA guidelines, however, Lizzy and I are going to have to sit on a few more flights, visiting a few more airports in the process, before we can pen anything useful.

Lists it is, then.  Best of decade (never mind that the new decade technically does not start until January 1, 2011) and best of year lists.  Ranking things is not my cup of tea; all of my top five movies rate about the same.  But what motivates others’ sort algorithms and makes their #1? Let’s see.  As always, please add to the discussion and feel free to list your favorite lists in the Comments section.

Naughts Collage

TECHNOLOGY – Since my Precious iPhone has not been more than arm’s length away at any given moment this year, to the point that my husband thinks I need to “tweetox,” it seems only fitting to start with Wired’s 20 Favorite iPhone Apps of 2009.  Productivity is king, followed by games, travel and hobbies.  Am I supposed to be embarrassed that I’ve downloaded only 2 of the 20 – Runkeeper and RedLaser – or proud to have gone this long without spending money on some of these not-free apps? $5 for Instapaper when I can simply Safari over to reader.google.com?!  I think not.  What are some of your favorite apps and why?

MORE TECHNOLOGY – The Real-Time Web is all that excites me in this list of 2009′s disruptive technology. Augmented Reality has potential but, in my opinion, isn’t ubiquitous enough to have made a difference yet.  Google Voice and Wave haven’t shown me their value this year, either.  What do you think? PC World’s list of the 10 disruptors of the last quarter century rings truer even today – I highly recommend this read.

MOVIES and technology – Roger Ebert is a rockstar.  Here’s a man who can find a great movie in a stinking haystack, commit to his picks and explain patiently to you why.  Ebert’s on Twitter, where he points us to all four of his Best Films of 2009 lists.

Aside from watching the Lord of the Rings trilogy, Matrix trilogy, Harry Potter saga and a handful of pop and arthouse films in the theatre this decade, I have to admit that D and I are not the best cinema-goers, preferring to watch DVDs in the comfort of our home (Netflix – now there’s a decadal gamechanger mentioned little), and even that has fallen by the wayside.  But along comes streaming video, the Creative Commons (also one of the best concepts given form in the 2000s) and the notion of simply putting your art out there, the studios be damned, and you get beautiful genius like Nina Paley’s Sita Sings The Blues, which has been around a lot longer than you think.  Whether a movie has live actors or animated ones, the most important thing about it is the story.  To paraphrase my dear, departed 3D Arts professor, George Cramer, all the visual effects dreamt of in Hollywood cannot polish a turd of a story.  This is why I am not likely to watch Avatar and recommend Monsters, Inc. instead.  Excellent story + well-animated fur = WIN.

MUSIC and technologyNPR’s The Decade’s 50 Most Important Recordings Between YouTube and downloadable MP3s, my music collection grew and grew up in leaps and bounds this decade.  Ignoring the current obsession with emo-hipster bands, pop divas and American Idol ingenues, there was some real good stuff: Radiohead’s Kid A and self-released In Rainbows, Kanye West’s College Dropout, Madeleine Peyroux’s Careless Love, The Flaming Lips’ Yoshimi Battles The Pink Robots, The New Orleans Bingo! Show’s For A Life Ever Bright, Neko Case’s Fox Confessor Brings The Flood, Sasha’s Airdrawndagger, DJ Krush’s Jaku and OutKast’s Stankonia.  Coolest music videos of the decade: Ok Go’s On Treadmills, Clint Maedgen’s It’s A Complicated Life and Empire Of The Sun’s We Are The People.  Alright, folks, tell me what I missed and why.

BOOKS and technology – Forget the Kindle and nook.  And forget those who tell you this carefully-planned obsolescence is going to change the nature of reading.  Find a light laptop and/or smartphone you’re comfortable with, do actual work with it and download books to it.  A book is not an exotic bird to be placed in the gilded cage of DRM, but something to be owned, shared and, most importantly, read many times on any platform.  I’m against the iTunes model of book consumption – fit the media to the unique delivery mechanism – and publishing companies’ constant war on the public domain.  Hooray for copyfight and folks like Cory Doctorow who have the balls to self-publish quality literature.  True defenders of freedom will enjoy and be inspired by his Little Brother.

The Times Online’s 100 Best Books of the Decade. If you’re going to read only one of them, make it Junot Diaz’s The Brief, Wondrous Life Of Oscar Wao.  What a book.  A Dungeons&Dragons-playing Dominican-American college student, the gut-punching dialogue and relationships, the history, the profanity oh the succulent profanity, the future.  What a book.  Your best read?

SPORTS – An NFL junkie, my most important moment in sports was the New Orleans Saints’ 2006 return to the Superdome after the Flood and Tom Benson’s near treachery.  Granted, it contained no triumph of athleticism, but you’d think it rates (sorry, brimmy, but the Patriots-Brady-NFL-ESPN lovefest is getting old).  Again, is there another such moment in the 00s that I should be aware of?  Please comment away.  Lastly, for the record, I am very pleased with my quarterback and Athenae‘s imaginary boyfriend, Aaron Rodgers.  His stats this season show that the team made the right decision and everyone else should shut it.

TELEVISION – When Babylon 5 ended in 1998, I despaired.  This is why God invented Deadwood, Battlestar Galactica, The Wire, Rescue Me and Futurama.  After Lando Calrissian and Kosh, the outstretched arms and biting sarcasm of Bender and Tommy Gavin beckoned. After Katrina and the Flood, the confused innards of Al Swearengen’s Deadwood, Adama and Starbuck made all too much sense.  The Onion AV Club’s Best TV Series Of The 00′s nails it.

LIST TO IGNORETen Stories that Changed Our Lives This Decade: #10 Katrina. #9 Brett Favre.  Delete.  Any list that places Favre, whose family was very much affected by the hurricane, over the suffering of people goes right out the window.

THE WEIRD AND CHEESEHEADY, ‘cuz that’s how we roll2009 in Review: Top Weird Stories From Wisconsin: “A 37-year-old Fond du Lac man went to a motel room for what he thought was going to be a romantic tryst but instead was assaulted by four women who used Krazy Glue to attach his privates to his stomach. Police say it was all part of a bizarre plot to punish him for a lover’s quadrangle gone bad.”  Hey, we gave you Ed Gein and Jeffrey Dahmer. Enough said.

ROUNDUP – I’m a sucker for New York Times graphics.  Philip Niemeyer pictures the past 10 years in a neat little 12×10 matrix.  The word “truthiness” gained popularity around the same time as Katrina/Federal Flood (they used a flood graphic and not a counterclockwise spinny one, phew).  2008′s maverick was Ron Paul and not John McCain – can’t keep pulling out the same old shtick every four years.  I often wonder what happened to 2008′s ardent house flippers.  Hmmm, Brownie was a Bushie term of endearment in 2004 but “tsunami” wasn’t big until 2006?  I really like the evolution of key nouns and verbs across the decade.  Would you have done this graphic differently?

Thus, 2009 comes to an end.  The ox gives way to the tiger.  Here’s wishing all of you a safe rest of the year and a great 2010 filled with pleasant surprises and many new buzzwords to learn.  Peace.

Not Buying The Kindle

As a supporter of Project Gutenberg‘s eBook philosophy, I refuse to purchase a device that operates solely in proprietary file format and has hinky public domain vs. copyright and ownership issues associated with it. Lately, the PG-forum arguments for and against the Kindle have turned into ones of readability; subjective terms such as “comfortable” and “readable” are thrown about in place of that device’s accessibility and obsolescence. Personally, I have no problems reading the entire fraking Odyssey on my iPhone’s Stanza app after having downloaded it directly from Project Gutenberg. First of all, minimum eyestrain given that I practically live on my iPhone.  And other phones exist that offer comfort and reader resolution for long periods of time.  More importantly, it’s a special-super-secret-format-free, public-domain eBook which I can download again onto another phone once the iPhone is put out to pasture.  Ostensible readability is a sad metric with which to hold the Kindle up as the standard for eBook readers to come.

Back to the shady book ownership issues associated with the Kindle.  Do you know what I like about books more than readability?  The fact that they’re mine.  Once I purchase a book, I can do whatever I want with it: read it silently, read it out loud to myself or someone else, store it on my shelf for years, loan it to a friend, sell it or give it away to a library or school.  The same versatility applies to plain vanilla ASCII e-texts on computers and cellphones.  Can you do that with a Kindle eBook?  The answers range from definitely not to we don’t know, and this is why we cannot let Amazon’s Kindle or any other proprietary book reader establish the technological and legal standards for such devices.  Cory Doctorow writes in today’s BoingBoing (emphases mine):

Back in February, the Authors Guild, a lobby group representing less than 10,000 writers, argued that the Kindle’s ability to read text aloud infringed on copyright (it doesn’t — and even if it does, the infringement lies not in including the feature, but rather in using it; this is the same principle that makes the VCR legal). Amazon folded and agreed to revoke the feature.

Now comes some news about how they’re doing this, from the Knowledge Ecology International site:

“Beginning yesterday, Random House Publishers began to disable text-to-speech remotely. The TTS function has apparently been remotely disabled in over 40 works so far. Affected titles include works by Toni Morrison, Stephen King, and others. Other notable titles include Andrew Meachem’s American Lion, and five of the top ten Random House best-sellers in the Kindle store.”  I’ve been trying to get a statement from Amazon about this since February: how does disabling text-to-speech work? It appears that there’s a text-to-speech “flag” in the Kindle file-format that the Kindle looks for and responds to, disabling the feature if it’s set to 0 (a perl script called mobi2mobi can reset the bit to 1).  But what no one at Amazon will tell me is what other flags are lurking in the Kindle format: is there a “real only once” flag? A “no turning the pages backwards” flag?

This makes me a lot less inclined to purchase a Kindle than arguments about reader vs. phone readability and other straw-boogey-men raised by a few authors, their publishing houses and Amazon.  Think before you buy.  Your purchase has far-reaching media access and ownership implications.

Copyright Infringement Is Not Theft

Especially not when the governments-RIAA-MPAA-AAP-IFPI collusion to extend copyright long after the death of the author, with no intention of ever honoring the spirit of the public domain, is considered legitimate.

Rrrrr!
Solidarity with Pirate Bay

In other news, the Swedish Pirate Party gained 3000 members in 7 hours, while a new report states that the Antarctic ice sheet is growing and not melting.

Ahem. AHEM.

FSM

And you doubted the mysterious ways of His Noodly Appendage.

Day 1019: Fight The CDMCA!

Sweet ghost of Johannes Gutenberg, this is awesome! Gordon Duggan of Appropriation Art has put out a comic book about the ongoing, mostly covert efforts on the part of the Canadian government to lengthen that nation’s copyright terms (currently a moderate life-plus-fifty) and to stifle user rights.

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As Cory Doctorow says at BoingBoing, “this is just staggeringly great, the perfect primer on the shameful attempt by Canadian Industry Minister Jim Prentice to smuggle the US Digital Millennium Copyright Act into Canadian law without debate or public input.”

Day 898: eBook News

One million books scanned at U of Michigan

Librarians at the University of Michigan at Ann Arbor threw themselves a party on Friday to celebrate a milestone in their ambitious effort to scan every single book in the collection. They scanned the one millionth book, leaving just 6.5-million to go.

Google Book Search: The Good, the Bad, & the Ugly

Forget everything you believe about Google’s book digitization project. Once you get past the freakishly high numbers bandied about, the two-dozen-plus distinguished institutions that have signed on, the legal paranoia and the ultra-ultra-secret processes and technologies involved, you’ll find that Book Search (from the fifth most valuable company in America) is simply another high-cost effort that is simultaneously visionary and crude. It doesn’t even have to succeed in order to impact the transformation of scholarship activities.

Just a reminder that scanned copies of paper books are not eBooks, they are merely photographs of books (susceptible to copyright).  A real eBook is plain, searchable and reformattable text.

NYTimes: The paperless society?

“Paper is no longer the master copy; the digital version is,” says Brewster Kahle, the founder and director of the Internet Archive, a nonprofit digital library. “Paper has been dealt a complete deathblow. When was the last time you saw a telephone book?”

… After rising steadily in the 1980s and ’90s, worldwide paper consumption per capita has plateaued in recent years. In the richest countries, consumption fell 6 percent from 2000 to 2005, from 531 to 502 pounds a person.

Remind me to email Brewster and let him know that loads of telephone books are manufactured and delivered everywhere in this city.  They are then recklessly thrown into the dumpster, thanks to our non-existent recycling effort, but they do exist here in all their mulchy glory.  Then again, this is New Orleans we’re talking about.

Day 881: More Evidence Of The Internet Killing Books Sales

Alchemist Author Pirates His Own Books

… and increases sales dramatically.

[Paulo] Coelho’s view is that letting people swap digital copies of his books for free increases sales. In a keynote speech at the Digital, Life, Design conference in Munich he talked about how uploading the Russian translation of “The Alchemist” made his sales in Russia go from around 1,000 per year to 100,000, then a million and more.

Day 683: Optimal Copyright Term Is 14 Years

So says mathematics (thanks, D)

[Rufus] Pollock’s work is based on the pr[e]mise that the optimal level of copyright drops as the costs of producing creative work go down.  As it has grown simpler to print books, record music, and edit films using new digital tools, the production and reproduction costs for creative work in have dropped substantially, but actual copyright law has only increased.

The result? An optimal copyright term of 14 years, which is designed to encourage the best balance of incentive to create new work and social welfare that comes from having work enter the public domain (where it often inspires new creative acts).

Forever minus a day?  Some theory and empirics of optimal copyright

This is exactly what Michael Hart and I have been arguing (him in papers, me on listservs) for years, but now with proof and a not-so-round number.

Day 663: On Lessig’s Makeover

Stanford University law professor, Lawrence Lessig, officially departs from the intellectual property debate. His new area of study is corruption.

I can’t honestly say it’s a big loss. Whomever wrote CopyCense: On Lessig ought to be the new “torchbearer.”  They get it.

Lessig has proclaimed before that he was retiring from focusing on intellectual property, and like the rapper Jay-Z and too many boxers, he did not walk away. His latest series of writings on his blog, however, suggest he is, in fact, ready to step out the door.

… We also think the litigation team Lessig lead in the Eldred v. Ashcroft case seriously depersonalized the case into a strictly legal argument that was hard to win. We have opined often that the only way federal courts are going to change their holdings in copyright cases is if the debate is less about economics and law, and more about the simple fact that people — individuals — are getting screwed.

… inside the courtroom, Lessig’s argument generally failed to make apparent what we’ve heard him make apparent in other venues: Disney’s manipulation of the term extension issue means that a 10-year-old girl in Iowa can’t come up with the next great animated character because Disney wants to shackle culture to stuff its wallets. (To be fair, Lessig has conceded he made strategic errors in the Eldred litigation.)

Day 632: Funny Like A Big Stuffed Rodent, I Amuse You?

Just in from MSH (and mostly for the enjoyment of Mr. Suds & Soliloquies and JTG):

Looks like Hamas is finished.  They just crossed Disney.
Nobody messes with The Mouse and survives.

Related Links:

IP, IP, IP, Find Out What It Means To Me

It’s worth noting that, as someone who would love to earn a living writing stories and such, my mind isn’t 100% made up on, for example, the ultimate desirability (or undesirability) of copyright. But one thing is clear: The current IP regime is completely out of control, and it matters a great deal in terms of our wallets, our privacy, our real property rights, and — ultimately — our freedom.  The notion of intellectual property, as presently applied, is fundamentally at odds with a free society.

IHT: In print forever? Sometimes, authors would rather go out of print

Simon & Schuster, Random House, Inc. and Penguin Group USA are among the publishers who say that they are letting fewer and fewer books go out of print because of print on demand, or POD, which emerged a decade ago. Print on demand allows slow-selling titles to stay available by keeping them on a computer database and printing copies upon request, instead of keeping unsold texts stored in a warehouse, a system long regarded as costly and inefficient.