I’m downloading the new Brad Sucks collection…

[Tags: music brad_sucks bradsucks copyright riaa riaa_sucks ]

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Ronaldo Lemos says that Sony offers 13 new CDs a year to all of Brazil. But there is tremendous activity online. But sites like TramaVirtual only works for people with computers. His group researched Nigeria, Brazil, Colombia and Argentina. E.g., in the Brazilian province of Parà “tehcnobrega” (cheesy techno) is popular. There every year they produce 400 cds and 100 dvds. They’re not available in store. The producers have a deal with the people who sell pirated cds on the street. The cds are sold at the “raves.” The economic system is entirely different from the traditional music industry’s. The artists also sell higher-end versions at their concerts. This is a multi-million dollar market. The number 1 well-known artist in the country, Calypso, is completely outside the media-record industry complex. Baile funk is another example.

Brazil produces 51 films a year. Us: 611. India: 934. Nigeria: 1200. In Nigeria, they skip the usual distribution channels. They sell them directly on the street. Movies provide the #2 source of employment in Nigeria, for a million people.

Henri Langlois in 1969 said that cinema will only reach its destiny until people have appropriated the means of production, Ronaldo says.

He says people say that this music and these movies are in bad taste. But, he says, the samba in the 1930s was also perceived as in bad taste.

This is a global phenomenon: Grind, dubstep, hip hop, kuduro, champeta, etc.

[Now there is a general discussion with the panel I’m on. Too hard to live blog…] [Tags: music copyright ronaldo_lemos ae08 ars_electronica ]

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James Boyle is chairman of Creative Commons and teaches law at Duke. He’s talking about the nature of openness. [Note: Live blogging. Error prone and error-full.]

We have patterns of behavior that economic theory does not predict. We are risk averse. For example, it makes no sense to buy a warranty; we buy them out of an absurd sense that buying the warranty affects the device’s outcome. There is another kind of bias that we wouldn’t predict from economic theory: A systematic bias against openness. We don’t expect openness and collaboration to generate what they do. We overestimate the risks. We underestimate the risks of closed systems and overestimate closed systems’ benefits.

Suppose in 1990 I came to you with two proposals: Build an open system. Or, build something like Minitel, Compuserv or AOL; it’s controlled and permission-based. Which would you pick? If you pick the first, you’ll have piracy, spam, massive amounts of crap, flame wars, massive violations of IP, use for immoral purposes. “I think you’d pick network #2” because those risks are foreseeable, but you couldn’t imagine wikis, blogs, Google maps, etc. It’s hard for us to imagine the benefits of open systems. It’s not intuitive.

Again, in 1990 you are asked to assemble the greatest encyclopedia, in most languages, updated in real time, adopt a neutral point of view. In 1990, you’d say that you need maybe a billion dollars, a hierarchical corporation, lots of editors, vet the writers you’re hiring, peer reviewers, copyright it all to recoup the money we’ve invested, trademark it. And someone else says, “We’ll have a web site, and people will like put stuff up and people will edit it.” How many of us would have picked #2. We don’t understand openness.

Free software is the same story.

What conclusions should we draw? Some people are raised in places where they learn how to drive in snow and ice. They learn to turn into the skid, contrary to our impulses. We can train ourselves to overcome our biases. But open doesn’t always work. Sometimes we do need closed, controlled. E.g., open won’t get us all the way to a phase 3 drug trial. Open doesn’t always work for privacy. We need a world with both open and closed.

So far, James says, we in the audience agree. Now for some things that will not flatter our sympathy.

He talks about Putnam’s “Bowling Alone” that talks about the loss of civil organizations in America. But, Putnam noticed that in the early 1900s American intellectuals noticed that the move to cities fragmented the old ties. But they didn’t say that history will just automatically correct itself. Instead, they created organizations like the Kiwanis, the Elks, etc. They invented institutions to make up for a problem they saw. Eventually, those institutions worked.

So, if we are bad at judging the boundaries between open and closed, if it’s important to get it right, then it’s beholden on us to create the institutions of civil society that enable us to get past our biases. Creative Commons is one such. It provides an infrastructure for sharing our work.

Science Commons is another such group. The Web was created to exchange scientific info, but the Web currently works much better for buying shoes or porn than doing that. The vast majority of scientific literature is behind the pay wall. You can find it but not read it. Nor can you build a sort of Google Maps mashup — take all the literature on malaria, find all the geo locations, all the proteins, overlay it, build a wikipedia for science. You can’t do that because it’s illegal, technologically impossible, and even if you could, you can’t reassemble it and do a click and buy. “The World Wide Web doesn’t work for science.” Science commons tries to address that…

Q: Is the bias a metaphor or an inherent inability to understand openness?
A: About 80% is explained by the fact that for most of my generation’s lives, our experience of property was with physical things; if I have it, you can’t. There are economic benefits to knowing who owns it. The closed intuitions generally work there.

[I have to stop to get read to give my talk …] [Tags: ae08 ars_electronica james_boyle creative_commons copyright ]

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Michael Tiemann tells us a little of his story. He once wrote some software and sold it to a company that was unable to market it. He was torn up that his work would never be used because it was owned and locked up by someone else. The music industry also doesn’t work well for musicians. So, he’s begun a personal project to create a new way to solve this problem. [Note: Live blogging. Unreliably.]

He shows a video of a beautifully rendered music studio.

“Culture” comes from “cultivate.” Culture isn’t just about consumption, but about the processes that produce goods and that give them meaning. We need to preserve our creative topsoil. Trying to own culture kills it.

Now he talks about his project. He refers to The Crafter Manifesto. He quotes Tagore: “One man opens his throat to sing/ the other sings in his mind.” The song needs the listener. And the observer alters the reality observed. So, look at the slow food music. Why can’t we do the same thing for music, he asks. The artist, the engineer, and the audience (which he calls “the co-producers”) are in an collaborative project.

His project aims at creating an environment with superb sound, inviting co-producers in so they can participate much more fully. (now I’m confused. I’m not sure if he’s building a real or virtual. I’m pretty sure it’s virtual.) There will be a subscription model. [Tags: ae08 ars_electronica michael_tiemann music copyright creative_commons ]

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Yochai says he wants to leave the question: Can free culture survive systematization? [Trying to keep up with Yochai. Failing. Posting without proofreading or spell checking. Caveat lector.]

In 1835, it cost $10K (modern dollars) to start a daily newspaper. Now it costs millions. The startup cost causes a bifurcation between passive audiences and professional, commercial producers. The industrial structure of mass media characterizes the modern age. But, consider that SET@Home dwarfs the computing power of the supercomputers created in industrial ways. This is a radical decentralization of inputs and processes: material, processing, storage, communication, creativity, wisdom. For the first time, the most important inputs are broadly distributed in the population.

This takes social action that’s always been there, and moves it from being important socially and peripheral to the economy, to being at the core.

In Wikipedia vs. Britannica, the core issue isn’t price. It’s authority. The most important part of the Nature comparative study of the two was the editorial that urged scientists to update Wikipedia, sharing traditional authority with the new medium.

Yochai shows a 2×2: centralize or decentraliced vs market-based and non-market. Now we have a four-way interaction among all the old players, from traditional to social-sharing non-profits.

This engages distributed sensing of opportunities for action, solutions, experimentatino, adaptation. You get new and exciting possibilities. The increasing complexity and speed of change has been pushing businesses to go beyond the old technique of hiring what they need. “We can learn faster by loosening the structure of who gets to be effectively active in the world.”

But Yochai wants to focus on participatory culture and democracy. “Critical to the success and power of social production … is the decentralization of practical capacity to act…but also locating authority to act where the capacity to act resides.” This is where commons-based resources are important: We can act on them without permission. This is also where peer production systems (people cooperating without firms) matter because it allows people to work together without permission. “Ownership no longer equals or entails authority.” We get a more diverse , more transparent, and maybe a more critical self-reflective culture (although here he leaves a question mark).

Yochai shows a kickass video of a guy in a suit figuring out how to play the drums, followed by another guy in a split screen plahing piano. By someone named Lasse something? If you have the url, could you post it in the comments? He tells the story of the Daily Prophet, a 14 yr old who poste Harry Potter stories, and seven years later has started a distributed projeto t scan in fantasy illustrations from old books. Also, the site Learning To Love You More’s project of collecting photos of bed underneaths. Also, wikileaks.org. Also, Porkbusters.org. And Sunlightfoundation.com And distributed reportage (“Bomb bomb bomb, Iran”). “Yes We Can.”

YouTube lets individuals create and post. Revver and Metacafe tries to find ways to get artists paid. But, “once they introduced money, they introduced distrust.” Kaltura enables editing and has worked on engendering trust via open sourcing. Everything will be kept free. It binds its organization to a set of institutions that are free and open.

Politics isn’t just about politicians. It’s also about meaning. What things mean and how they mean.

So, human creativity decentralized can create a more democratic system, but it threatens the industrial model. For the past decade there’s been a rough stalemate over IP. But the most important actions have been social/cultural: Sharing practices. Increasingly institutionalized, e.g., Free Software Foundation, Creative Commons.

We’re seeing new models of market-cultural society relations: Credible commitment mechanisms, self-binding licenses, transparency, participation, styles of leadership. Authenticity and conversation become central. New ways to build trust, fairness, reciprocity.

He ends by taking Jonathan Coulton as an example. [What about Brad Sucks? :) ] He shows the Code Monkey videos.

“This is invoking a fundamentally different normative framework than ‘This is mine and you can’t have it.'”

The basic question: Can we create new social cultural spaces in the overlap of market and social relations, sustainable and not based on control and authority but on social and cooperative models? [Tags: yochai_benkler cooperation sharing peer_production economics open_source copyright ae08 ars_electronica ]

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Ars Electronica is a festival with a conference embedded in it as one of dozens of tracks. It’s held in Linz, Austria, a beautiful city on Danube. Artists, geeks, academics and others gather, this year to discuss “A New Cultural Economy.” [Note: I am live-blogging, writing badly, making mistakes, missing stuff, and just generally going wrong. The conference is streamed, I believe]

This morning, Joi Ito, the conference “curator,” welcomes us. He talks about AE’s valuing of artists as those who (especially in Europe, he says) push technology forward by imagining uses. He shows a stack: Ethernet (computers), Internet (network), Web (content), and knowledge (Creative Commons). It took ten years to generate enough user-created content to be worth searching for, he says. But now we’re there. But we need to unlock the knowledge we’ve created via tech, open licensing, and the Semantic Web. We need to get past the copyright holders vs. the pirates bifurcation. We need to look at nuance and at the hybrid projects. And that’s what we’re going to do at AE, he says.

He argues against the idea that amateur vs. professional means good vs. excellent. Amateurs have access to high-quality tools and do what they do out of love. How do we adapt our culture, economy and government to adapt to a generation that would rather produce and remix than consume?

[This is a very rough overview of Joi’s remarks.]

[Tags: ars_electronica joi_ito copyright collaboration ]

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Here’s how the DMCA has worked so far: A copyright holder (henceforth “publisher”) notices an instance (henceforth “video”) of what it thinks is a violation of its copyright on a site such as YouTube (henceforth “YouTube”). The publisher sends YouTube a notice that the video infringes copyright. YouTube then has a choice: It can disagree that the video infringes, and leave it up, or it can take it down and let the video’s poster know that it’s done so. If YouTube chooses Door Number One, it becomes liable if a court decides the video really was infringing. So, inevitably, YouTube takes it down. The video’s poster can then counter-notify YouTube that the video is not infringing. (In this one example, YouTube’s lawyers will actually take a look to decide whether they think it infringes or not. But YouTube is very special in this regard.)

On paper, this seems reasonable. And maybe if the whole thing were done with paper, it would be. But the claims of infringement can be compiled digitally — publishers like Viacom automatically generate lists of every instance of, say, “jon stewart” in a video’s title and submit lists of over a hundred thousand URLs, obviously without having actually reviewed any of the videos — while the response is analog, and thus hard, time-consuming, and risky.

Now there’s been some good news.
A federal judge has ruled that before a publisher submits a DMCA takedown notice to a site like YouTube, some human being has to look at it to decide if it actually infringes, or if it is protected by Fair Use. If this ruling is maintained, it will help re-balance the insanely pro-publisher, pro-protection, pro-restriction copyright regime by taking away the incentive to take down anything and everything that looks like it might maybe perhaps upset a publisher’s delicate sensibilities.

PS: Did you remember to join the Electronic Frontier Foundation to help protect your online rights? [Tags: copyright dmca youtube copyleft eff ]

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1. I took an extra napkin from a Taco Bell for unspecified use “later.”

2. I sat on a bench on a hot day, enjoying the breeze as the man next to me fanned himself.

3. I read the headlines of a newspaper that was for sale in a kiosk box.

4. I divided a single-serving DingDong in two, and had it for dessert on two consecutive days.

5. I listened all the way through to a Metallica song emanating from my neighbor’s radio, but closed my window when the commercial came on.

6. I remembered the movie times in my newspaper from the day before so I wouldn’t have to buy a copy of the paper today.

7. When a friend’s cat chose my lap to sit in, I petted it, precisely to discourage it from moving to the lap of its rightful owner.

8. I said “What a long, strange trip it’s been” without air quotes.

9. On the Amtrak “quiet car,” I listened to a man in the seat ahead of me explaining to the bored woman next to him how he gets such a great shine on his shoes. I have since used his technique, successfully.

10. I have stared carefully at reproductions of great paintings.

11. I asked for and received a “tasting spoon” of mint pistachio ice cream, anticipating, correctly, that I would not like it.

12. I smelled the aromatherapy candles through their wrappings at the Stop ‘n’ Shop.

13. Frequently have I browsed stores with absolutely no intent to purchase. On some such occasions, I have felt fabrics I did not intend to buy.

14. I placed a bag on the seat next to me on the subway.

15. I continued to wear in public running shoes after the Nike “swoosh” wore off.

16. In a Italian restaurant, I entered their “win a free lunch” contest by putting into the jar a business card from a job I had recently left, with my new phone number written in by hand.

17. I have retold the joke about the man who meets a pirate in a bar without ever once explicitly acknowledging that I was not its author.

18. I gazed with lust at another man’s bikini-clad wife.

19. I deeply inhaled the smell of popcorn in a movie theater, but I did not buy any.

20. One late summer evening, I purposefully and with intent committed to memory the purple of the clouds. That I still remember the edge of the chill was unpremeditated, however.

[Tags: copyright ]

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The first in a series of three short videos from the Digital Natives project of U of St. Gallen and the Berkman Center that tells the story of Zack McCune, a Brown student (and Berkman intern) who “won the DMCA lottery” and was sued by the RIAA. It’s nicely done product by summer interns Nikki Leon and John Randall, and it’s a cliff-hanger…

[Tags: berkman st_gallen riaa dmca digital_nativescopyright zack_mccune ]

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Mygazines.com is an interesting idea. Currently in beta, it’s designed to let anyone upload any magazine or magazine article, and then share the content, using the familiar elements of content-based social networking sites (or, more accurately, the social networking elements of content-based sites).

The site unfortunately has little information about itself, so I don’t know what they think they’re going to do about the obvious copyright issues. The existing content includes the magazines’ ads, so maybe the site hopes publishers will see some benefit in being scanned ‘n’ read. (As an example, here’s a link to the complete contents of the current issue of The New Yorker.)

While the tool for reading is pretty slick, the process of posting to enable said slickness seems pretty onerous.

I’m interested to see what becomes of it… [Tags: copyright magazines publishing media everything_is_miscellaneous ]

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