I cribbed that headline, approximately, from a comment at Slashdot about an article at The Escapist. It seems that the United States Copyright Group, a law firm that extorts (note: seemingly legally) settlements from people it thinks have violated copyright licenses, is suing a lawyer who posted $19.95 instructions on how to represent yourself if the USCG comes after you. (The USCG itself has been allegedly caught ripping off its Web page design.)

The lawyer with the temerity to make it easier for people to respond to the USCG’s shakedowns, Graham Syfert, includes the forms you need in his twenty buck bundle. The thought that someone might not just roll over and cough up the $2,500 settlement so infuriated the USCG that they are suing Syfert for the $5,000 in lost time they’ve had to spend actually litigating the suits. The nerve of that Syfert guy!

If only there were a word for someone who sails on up to you, demands $2,500, and opens fire on anyone who dares to help you defend yourself. Oh yeah, there is: Pirate.

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Jake McKee was the Global Community Relations Specialist at Lego. In his essay in the tenth anniversary edition of Cluetrain (subtle product placement, eh?) he tells how Lego learned to engage with its users, and how this was good for everyone. (Josh Bernoff writes about this here.) Lego was a great example of how a business can benefit by getting down off its high horse and playing in the grass with its customers. Thank you, Jake.

Now Jake is gone from the company, and Lego has become an excellent example of how to be a clueless, frightened laughingstock. A 14-year-old user used Legos to create a stop-motion homage to Spinal Tap, which Spinal Tap projected in concert and wanted to include in its DVD. Lego refused to give permission. As a company spokesperson said: “…when you get into a more commercial use, that’s when we have to look into the fact that we are a trademarked brand, and we really have to control the use of our brand, and our brand values.”

First, I am not a lawyer, but: No. The Lego logo wasn’t shown anywhere in the video, and it’s hard to believe that Lego could win a suit.

Second, No. How customer unfriendly can you get? You sell us something that enables us to create what we want, and now you say you get to control what we create? You won’t let us take photos or videos of what we create? Does Crayola get to tell us we can’t post photos of the inappropriate messages I write with their crayons, because it might hurt their image among their target audience of 3-9 year olds and cretinous participants in political debates?

So:

Top Five Inappropriate Items to Construct out of Legosâ„¢ brand Legosâ„¢, owned by Lego Systemsâ„¢, a Lego Groupâ„¢ company

5. Legoâ„¢ Mindstormsâ„¢ dildo

4. Legoâ„¢ ThePiratesBay ship logo

3. Legoâ„¢ world’s most ineffective and uncomfortable condom

2. Legoâ„¢ official Spinal Tapâ„¢ Mud Flaps

1. Legoâ„¢ giant upraised middle finger

[Tags: copyleft copyright drm trademark spinal_tap harry_shearer ]

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Jason Calacanis has an excellent post making the case against Apple, from an Apple fan’s point of view. I’m basically with him.

Doc Searls has long said that the key to understanding Steve Jobs — and thus to understanding Apple — is that Job’s an artist. We understand when an artist wants to maintain complete, obsessive control over his creations, especially when they are as beautiful as some Apple products are. But it’s not just artistry at work at Apple. Apple tends towards totalitarianism.

You can see why in its computer architectures: Its products work because they’re relatively closed systems that run tightly controlled hardware, unlike Microsoft’s operating system that has to be able to work on just about every piece of hardware that comes along. And Apple’s stuff generally works beautifully. (I switched from Windows to the Mac about three years ago.) But the hardwired connection between the iPod and iTunes — only recently loosened — is there not to benefit users, but to meet the DRM needs of recording companies and to tether users to Apple. The hardwired connection between the iPhone and the App Store represents a disturbing direction for the industry, in which Apple acts in loco parentis to protect users from their own software decisions, and (apparently) to exclude products they believe hurt the business interests of their partners. The App Store’s success makes it particularly threatening; it’s easy to imagine Apple’s rumored tablet adopting the same strategy, then other companies following suit.

It’s not an unmixed picture, of course. The removal of the egregious DRM from iTunes is a step forward, and seems to have been a step Apple eagerly took, and the movement of the Mac’s OS onto Unix added admirable transparency. Plus, Apple makes some beautiful stuff that works beautifully.

I just wish that going forward, I felt more confident that Apple is on our side, not just as customers but as digital citizens.

[Tags: apple drm copyright copyleft computers microsoft jonathan_zittrain generativity ]

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Marc Bourgeois is doing some excellent blogging of the RIAA v. Tenenbaum trial. Fascinating.

Tags: tenenbaum riaa joel copyright copyleft nesson law

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1. The court has rejected Charlie Nesson’s basic defense of Joel Tenenbaum’s sharing of music files. The case is going to jury which may levy the same sort of insanely excessive fines as in the Jammie Thomas-Rassert trial. I hope Charlie’s team can convince the jury that the fines and the entire process are so onerous and disproportionate that the RIAA has been abusing the court system. Of course, IANAL, and IANAOTJ (I am not on the jury).

2. Barnes and Noble has launched its e-book software. It runs on iPhones as well as on PC’s and Mac’s. I’m having trouble finding which formats it supports, but judging from its Open dialogue, not PDF, .doc, .html, .mobi, or text. It does support .PBD books.

After a very very quick session playing with it, it seems quite competitive with the Kindle, and because I’m running it on my Mac and not on the little piece of crippled hardware I bought from Amazon — the Kindle is just barely adequate as a reader, and is still overpriced by more than 100% in terms of its value, imo — having the use of a keyboard and a mouse is a big step up. And, unlike the Kindle, you can use whatever fonts you have on your machine. Still, it’s only incrementally better than the Kindle’s software (again, on a quick look), not a great leap forward for readers.

One of B&N’s big advantages is that it’s hooked into Google Books, enabling you to download public domain books that Google has scanned in. You do this by searching for a book on the B&N site and noticing the “free from Google Books” label. Be sure to sort by price; otherwise B&N lists the for-pay versions first. If B&N wants to be aggressive in this space (= succeed), it should create an easy-to-find section that lets you browse Google’s free books. Get us using the ereader and then sell us the copyrighted books. (If B&N has such a section, I couldn’t find it quickly enough.)

BTW, I presume (and thus may be wrong) that Google did a special deal with B&N to enable this. If so, I find it worrisome. If Google is going to be granted a special right to scan in books without fear of copyright reprisals, it will be the de facto national e-library, discouraging others from undertaking similarly scaled scanning projects, and thus should be making its public domain books equally and maximally freely available. IMO.

2a. [Later that evening:] B&N stores are now providing free Wifi. Yay!

3. Apple is not permitting the Google telephone service into the Apple App store, thus simultaneously and inadvertently making the case for Zittrainian generativity.

4. [Later that day]: On the happy front, Google has open-sourced an implementation of Wave.

[Tags: copyright copyleft books e-books google libraries everything_is_miscellaneous charles_nesson jonathan_zittrain law fair_use amazon kindle b&n ]

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The AP has announced it is going to use an automated system to monitor the use of AP content on the Web, looking for copyright violations. The empire is fighting back. From the press release:

The Associated Press Board of Directors today directed The Associated Press to create a news registry that will tag and track all AP content online to assure compliance with terms of use. The system will register key identifying information about each piece of content that AP distributes as well as the terms of use of that content, and employ a built-in beacon to notify AP about how the content is used.

I think there are three possible broad-stroke outcomes:

1. The AP takes an enlightened and generous view of copyright protection and its terms of use, encouraging people to link to and cite its stories, and saving its angry face for commercial thieves, wholesale infringers, and other scum. The AP remains a major source of news, fulfills the social mission of the newspapers who are its members, and our culture is better off for it.

2. The AP’s automated system is set on a hair trigger. The AP protects its copyright so well that no one ever hears from it again.

3. The AP acts inconsistently. It sends scary letters to teenagers who copy three paragraphs about the Jonas Brothers and sics lawyers on a professor teaching a course on media studies. No one understands what the AP is doing, so we all get scared and hate it.

To start with, it’d be great if the AP’s copyright warnings didn’t just tell people what they can’t do, but also told them what they can do, and encouraged us to re-use the material as much as possible. On the other hand, since one of the aims of the new system (according to the press release) is to facilitate the use of pay walls, I expect we’ll see more of the AP’s content making itself irrelevant.

[Tags: ap media journalism free copyright copyleft everything_is_miscellaneous ]

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David Pogue reports that Amazon has deleted some books from people’s Kindles, even though people had paid for them. It seems that the publisher decided it didn’t want them offered after all. [NEXT DAY: More exactly, the publisher that owns the copyright objected to another publisher selling the book.] So, Amazon deleted the books and credited people for their purchase.

The books were George Orwell’s Animal Farm and 1984. OMG.

[Tags: amazon digital_rights copyleft copyright app_store ]

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Giorgos Cheliotis of the National Univ of Singapore, and a visitor researcher here at the Center, is giving a lunchtime talk at the Berkman Center called “Mapping the Global Commons: A quantitative perspective on free cultural practice.” How large and free are the Commons? (He’s excluding open source software from his discussion of the Commons)

Giorgos has been working with Creative Commons. He points to a number of works, including by Lessig, and David Bollier’s “Viral Spiral,” which is a history of the digital commons. If the movement is old enough that histories are being written, Giorgos says, it may be time to take a fresh look at it.

He says the digital commons consists of shared resources, users, open licenses, and remixes. To measure its size, you can ask how people use it, how many resources in it, how quickly it’s growing, and how much is contributed back to the pool. How free the pool is will obviously affect how its gets used and remixed. All this is hard to measure, Giorgos says, because there’s no central registry. One approach would try to count everything that’s there. Another uses estimates, community-specific data, and external reports and local knowledge. Giorgos uses the latter technique. There is a trade-off between scale and accurate/richness of the data set.

He and his colleagues are building a live-data wiki platform to track the global development of open licensing (CC only for now): http://monitor.creativecommons.org. (It’s early beta, pre-release, and still under development.) Giorgos walks us through it. [You can give it a try yourself. It’s self-explanatory.] AT the moment, the wiki says that there are 170,268,161 Creative Commons-licensed works. At the site you can break this down by region. Asia is growing quickly. Brazil has lots. Spain is ranked #1. (You can zoom in on the map by drag-selecting an area.)

The project is aimed at the media, researchers, funding organizations…

The regions each have a “freedom score” that weights the CC licenses by how restrictive or permission they are. The overall weighted average is 3.29 out of 6. US: 3.1. Spain: 3.47. Brzil: 2.34. Thailand: 2.58 (which is a decrease). Korea: 1.76 (but lots of licenses). Giorgos says that presenting this data sometimes nudges people to work on boosting their country’s score.

The tables of data and the maps generated from them are automatically generated and cannot be changed by wiki users; the annotation and commentary can be changed. To see an example of a manually-curated page, see Singapore‘s. Giorgos points out that this raises synchronization issues: The data is updated but the narrative may not be.

How now asks how much is being remixed. They’ve focused on ccMixter, where everything has a CC license and can be remixed. You can see the chains of influences. He shows a visualization of the data: Each track is a node, with lines connecting them to remixes. The maximum path length is 6 (a remix of a remix of a remix, etc.) But it drops off quite steeply after path length 2. 60% of uploaded items don’t get remixed, but remixing accounts for more than half of the total production volume. In a“bow-tie” analysis, there’s a core of about 12% core contributors whose authors’ tracks are linked to and who link out; if you take contests out of the picture, the core goes up to 18% (although about the same absolute number) and the “tendrils” go down from 50% to 20%. [Giorgos presents some other visual analyses, but I can’t follow the visual presentation of quantitative information. Sorry. It’s a brain problem of mine.] In the core, there are more reciprocal relationships, which seems to show that the members of the core community see one another as peers.

33% of generation 1 remixes are contest entries: An artist or label sponsors a contest for the best remixes of a track. Contests attract one-time remixes who are “not productive otherwise in the community.” But, are contests part of a sharing economy, he asks? Some scholars say that contests help strengthen a sense of community. Giorgos is uncertain about what to make of contests.

Q: [me] Public domain? Media types?
A: Neither of those types of metadata are easily available.

Q: CC has the metadata about the media type. And it would be interesting to see how the licenses vary by media type.
A: It’s possible, but we haven’t done it so far. I have noticed that photographers tend to be more protective of their content than are musicians.

Q: Maybe photographers are worried that their work will be used to create a false image, which isn’t an issue for musicians.
A: I think that’s probably right. Music is usually used for entertainment. Photos are also used for information.

Q: What are you aspirations for this as data collection project?
A: I was motivated initially to do this [Tags: creative_commons copyright copyleft ]

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NOTE: The 50 copies are gone. Took about an hour.

I’m trying an experiment with a business model I like to call a reverse referral fee. Here’s how it works…

You click on a link that lets you download a copy of Brad Sucks’ latest album, Out of It. The album of wonderful music is yours for free in every sense. (Share it! Please!) But, I’m going to pay Brad for each copy downloaded, at a bulk rate he and I have agreed on.

This offer is good for the first fifty people who download it. After that, you can buy a copy on your own. Of course, Brad also makes his music available for free (in every sense), but don’t you want to support a truly webby, big-hearted musician who’s giving us his talent free of copyright, studios, and DRM? Doncha?

So, if you want to be one of the fifty, click here for your free-to-you-but-not-to-me copy of Brad Sucks’ Out of It.

[Tags: bradsucks music drm copyright copyleft business_models everything_is_miscellaneous ]free ]

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Michael Geist — Canada’s free-culture bulldog — summarizes a Harvard Business School working paper by economists Felix Oberholzer-Gee and Koleman Strumpf “File Sharing and Copyright” that argues that the inability to strictly enforce today’s draconian and clinically insane copyright laws has in fact benefited society. It’s been slashdotted.

Tags: copyright copyleft everything_is_miscellaneous

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