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April 17, 2009

[ugc3] Final panel

I went first. I talked about exceptionalism, responding to Eli Noam’s challenge at the beginning of the conference that if we’re going to think the Net is going to bring about substantial changes, we have to be able to point to characteristics of it that are different from other technologies that also looked revolutionary but that turned out to be rather prosaic.

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

Len Downie was executive editor of Washington Post. He’s not going to propose any new form of delivery of the news. He’s not sure the old will die out completely. WaPo is reorganizing itself as a news operation and as a company. They have Facebook and iPhone apps, etc. When it comes to UGC, “this is not a zero sum game.” On WashingtonPost.com you find lots of user comments, participation in blogs, user photos and videos, crowd-sourcing. E.g., Amanda Michel’s “Off the Bus” crowd sourcing, which went through professional editors. (Amanda is now at ProPublica.) They hope the Net will help end the traditional alienation from their readers. And the Net has made their audience bigger than ever before.

The big problem is the loss of classified advertising. Hundreds of millions of dollars lost, hitting local newspapers especially hard. Also, display ads have been driven down. Local news stations are covering fewer stories. There’s less reporting. That’s the problem Len is going to examine in his new academic role at Arizon State.

There are some things the government could do, but not a “bail out,” Len says. Maybe newspapers will become 501C3’s. Maybe they’ll become LC3’s, so they could still be profitable and yet receive tax-exempt contributions. Maybe convert them into endowments, although Len says there isn’t enough money for that: You’d need a ginormous endowment to generate the requisite funds. There are more and more non-profit investigative reporting organizations. There’s a lot going on. It’s impossible to tell what’s going to happen.

Q: How much does investigative reporting cost?
A: At ProPublica, they do it in the best way, and it’s tens of thousands of dollars, mainly for the reporter’s time.

Q: In Germany they’re aggregating news and selling access [I got this wrong] …
A: I’d have to look at it.
Q: Isn’t that what AP does?
A: Don’t get me started. AP is supposed to be a collaborative. If we don’t all charge at the same time, we won’t be able to raise enough money. Alan Mutters [sp] suggests that we all decide on July 4 to start charging. The Obama admin is concerned about the future of news. They’re going to look at loosening anti-trust regs so newspapers can band together, but you don’t want to create another cartel like AP.

Q: If the NYT shut down its presses and went totally online, how would that affect their costs and prices?
A: The Times might save 40-50% of their costs, but it would take away 90% of their revenue. Kindle is great for books but not very good for newspapers. Looking forward to the big multimedia tablets.

Q: The NYT is doing well on the Web. But last year their Web revenue increased just 1%. What’s the future business model?
A: That’s what I’m trying to figure out.


Greg Lastowka (law prof, Rutgers) is going to talk about legal aspects of UGC. First question: What is UGC? It’s a fuzzy concept. “User” is an important term because of copyright. Copyright is not about monetizing the works of authors. Copyright is there to promote the progress of science and the useful arts. Our Constitutional mention is based on the earlier British Statute of Ann that took control away from publishers and gave it to authors, in order to promote education.

Greg predicts that copyright won’t change very much in the next ten years. Copyright law will probably ignore UGC and be large unaffected by it. UGC will be treated as a problem, it will change the rules somewhat (through litigation), but the fundamental shape of copyright law won’t change in response to UGC (says Greg). Ten years ago, he was more optimistic about it. He thought UGC was a huge social boon that was a very bad fit for copyright law, so copyright law would change to reflect that value. The Web was meeting the goals copyright law was established to meet.

Four changes to get copyright law to fit the Web: 1. Simplify the law. 2. People want credit for their work even when they’re happy to have it spread. People get copyright law mixed up with plagiarism. We should work the attribution right into it. 3. Reform terms of service and their enforcement. 4. Subsidize free access content. Copyright is a subsidy for authors.

Greg was arguing this ten years ago. Not much has changed, although there’s progress in open access to academic work. Why haven’t there been more changes? Maybe because our legislators don’t understand what’s happening. The better, sadder, answer is that Greg’s politics were naive. Copyright law today is realistically about protecting big money incumbents. Dan likes copyright and blockbuster movies, but thinks there should be an ecology that enables them and UGC. We’re unlikely to strike a new social contract that reflects the rights of amateur creators.

Q: To what extent is international trade motivating maintaining strict copyright?
A: Legislators certainly care about it.


Stefaan Verhuist (Markle Foundation) presents his model of UGC: Mediation 3.0. It has three new mediating functions that converge to create a new type of mediation. Those functions can be accelerated and made more valuable by making sure they are cheap, deep, and speed. The success depends on four challenges: the 4 Ps.

Setfaan draws a triangle: 1. Establish relations. 2. Provide a new kind of resource that has value for users and that may be created by the users. 3. Remix. Ensure a relation that creates a resource that may be remixed. Their convergence creates UGC. If you can provide resources that are cheap, deep (the value for its users, related perhaps to a geographical location), and speediness. But it can be hard to be cheap, deep and speedy; that’s the challenge.

The 4 Ps: Privacy (relationship), Property (remix), Public sphere obligations and responsibilities (resource), Push and pull (in the center of the triangle) of information. The push-pull presents the policy challenges.

[Posted without re-reading. Gotta run.]

[Tags: journalism media newspapers copyright copyleft creative_commons marketing ]

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Categories: Uncategorized Tagged with: business • conference coverage • copyleft • copyright • culture • digital culture • digital rights • entertainment • everythingIsMiscellaneous • journalism • marketing • media • newspapers Date: April 17th, 2009 dw

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Appellate court: No fair peeking at RIAA hearing

The appellate court has decided, on narrow grounds, that the judge in the Tennenbaum RIAA case was wrong to allow an upcoming hearing to be webast. ZDNet has a helpful article.

[Tags: riaa tennenbaum charles_nesson copyright copyleft ]

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Categories: Uncategorized Tagged with: copyleft • copyright • digital rights • riaa • tennenbaum Date: April 17th, 2009 dw

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April 14, 2009

RIAA DRM Mashup Smackdown

In its response to Charlie Nesson’s argument that one of the hearings in an RIAA suit ought to be webcast, the RIAA lawyer said:

“[The video footage] will be readily subject to editing and manipulation by any reasonably tech-savvy individual. Even without improper modification, statements may be taken out of context, spliced together with other statements and broadcast (sic) rebroadcast as if it were an accurate transcript. Such an outcome can only do damage to Petitioner’s case.”

So, Chris Soghoian is running a contest, asking you to mash up testimony given to the FTC about Digital Rights Management (DRM). The prize: He donates money to EFF. The real prize: The scalding breath of comedy.

[Tags: riaa mashups web2.0 charles_nesson chris_soghoian drm copyright copyleft ftc contest ]

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Categories: Uncategorized Tagged with: contest • copyleft • copyright • digital rights • drm • entertainment • everythingIsMiscellaneous • ftc • mashups • riaa Date: April 14th, 2009 dw

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April 10, 2009

Pam Samuelson on excessive copyright infringement awards

The abstract of a new paper by the pioneering Pam Samuelson and Tara Wheatland:

U.S. copyright law gives successful plaintiffs who promptly registered their works the ability to elect to receive an award of statutory damages, which can be granted in any amount between $750 and $150,000 per infringed work. This provision gives scant guidance about where in that range awards should be made, other than to say that the award should be in amount the court “considers just,” and that the upper end of the spectrum, from $30,000 to $150,000 per infringed work, is reserved for awards against “willful” infringers. Courts have largely failed to develop a jurisprudence to guide decision-making about compensatory statutory damage awards in ordinary infringement cases or about strong deterrent or punitive damage awards in willful infringement cases. As a result, awards of statutory damages are frequently arbitrary, inconsistent, unprincipled, and sometimes grossly excessive.

This Article argues that such awards are not only inconsistent with Congressional intent in establishing the statutory damage regime, but also with principles of due process articulated in the Supreme Court’s jurisprudence on punitive damage awards. Drawing upon some cases in which statutory damage awards have been consistent with Congressional intent and with the due process jurisprudence, this Article articulates principles upon which a sound jurisprudence for copyright statutory damage awards could be built. Nevertheless, legislative reform of the U.S. statutory damage rules may be desirable.

[Tags: copyright copyleft riaa pam_samuelson tara_wheatland law charles_nesson ]

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Categories: Uncategorized Tagged with: copyleft • copyright • digital rights • law • riaa Date: April 10th, 2009 dw

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April 9, 2009

Happy Birthday to You isn’t copyrighted???

In a comment to a distressing post about YouTube automatically taking down any video that contains any copyrighted material, even if it’s covered by Fair Use, a commenter posts a seemingly learned post explaining why “Happy Birthday” may indeed not be under copyright.

And to think of all the years I spent singing “For She’s a Jolly Good Birthday” instead!

[Tags: copyright youtube dmca happy_birthday copyleft ]

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Categories: Uncategorized Tagged with: copyleft • copyright • digital rights • dmca • youtube Date: April 9th, 2009 dw

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April 6, 2009

Open networks work

At Freedom to Connect, I was unable to blog Benoit Felten‘s excellent and very popular talk because there was too much in it, and there were some terms I didn’t understand. But I did like the following quotation from Ad Scheepbouwer, CEO of the Dutch telecom, KPN:

In hindsight, KPN made a mistake back in 1996. We were not too enthusiastic to be forced to allow competitors on our old wireline network. That turned out not to be very wise. If you allow all your competitors on your network, all services will run on your network, and that results in the lowest cost possible per service. Which in turn attracts more customers for those services, so your network grows much faster. An open network is not charity from us, in the long run it simply works best for everybody.

Benoit went on to talk about whether the US situation is sufficiently like that of the Netherlands to warrant learning a lesson from KPN. You can see a version of his talk here: 1 2 3 4.

[Tags: benoit_felten broadband net_neutrality fcc ]

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Categories: Uncategorized Tagged with: broadband • digital rights • fcc • net neutrality • policy Date: April 6th, 2009 dw

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No press pass? No First Amendment for you, my friend.

From Terry Heaton:

The freedom of the press clause in our beloved First Amendment is about to undergo perhaps its most serious challenges, because “the press” isn’t as neatly defined as it once was. A fascinating case in Phoenix is headed for court, and it ought to give any practicing journalist pause.

According to The Arizona Republic, blogger Jeff Pataky’s home was raided by ten Phoenix police officers armed with a warrant last month. He was out of town, and his girlfriend was handcuffed for three hours while police conducted the raid. They seized computers, files and anything associated with Pataky’s website — are you ready for this? — Bad Phoenix Cops.

Pataky apparently has an axe to grind with Phoenix police but says his site contains tips and inside information that comes from “good” cops in Phoenix. Now that the department has all of Pataky’s equipment and files, it’s pretty easy to see where this is going.

…

…And here’s the thing: anybody with an ounce of ink in their blood knows that Pataky deserves First Amendment protection, but they’re unlikely to say it publicly, because “the (professional) press” thinks of itself as a special class of people and have railed for years against the likes of Pataky….

More at Terry’s site…

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Categories: blogs Tagged with: blogs • digital rights • media Date: April 6th, 2009 dw

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April 1, 2009

Secret DRM is the worst DRM of all

The FTC has decided that if you’re selling people stuff but not allowing them to do what they want with that stuff, you have to let them know, and not in print the size of an ant’s tush.

[Tags: drm ]

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Categories: Uncategorized Tagged with: digital rights • drm Date: April 1st, 2009 dw

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March 31, 2009

[f2c] Kevin Werbach and Dan Gillmor

[Note: Live blogging with all the suckiness and unreliability that that entails] Kevin Werbach was co-chair of the Obama FCC transition team, among many other things. Dan Gillmor is interviewing him:

Q: What does a transition team do?
A: You get to participate in a quasi-hostile takeover of a $14T organization. We reviewed the FCC to find out what was going on.

Q: What was going on at the FCC?
A: It’s no one thing. Commissioner Martin ran the agency in a closed, politicized way. He was very distrustful of the staff.

Q: What was broken?
A: I can’t discuss details.

Q: What would you do if you were Chairman?
A: If I told you, I’d ensure I could never have that job. The real opportunity for the FCC is to get ahead of the curve. What will the world be like in 20 years? What will be requirements of the iPhone in 20 years?

Q: Are we going to get to lots more open spectrum?
A: Chairman Powell was thinking about the future of spectrum. That got shoved aside by Martin.

Q: How real is this change, then? Will we see deep change?
A: There will be tremendous change. But people on the outside should keep pushing the Administration to do better. It really matters who wins the election.

Q: What some things that could be done that couldn’t be reversed?
A: Successes are the things that are hard to reverse. The telcos understand that they need to evolve to something else.

Dan opens up the Q&A to the audience.

[harold feld] What’s achievable with spectrum policy with this Admin?
A: NTIA just got its head, so it’s early. The FCC and NTIA need to coordinate. We need to know how spectrum is being used. Do an inventory.

Q: Can you start blogging again…?
A: I’d love to, but it takes too much time. So I’ve started tweeting ([email protected])

Q: Smart grids. What’s going on between the FCC and other bodies in trying to set new standards?
A: I don’t know what’s going on in that, but it’s important. I have a law review article coming out that argues that standards are a form of regulation.

Kevin asks Dan: What would you do as FCC Chair.
A: Resign.

[Tags: kevin_werbach dan_gillmor f2c09 f2c fcc ]

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Categories: Uncategorized Tagged with: conference coverage • digital rights • f2c • f2c09 • fcc • policy Date: March 31st, 2009 dw

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[f2c] Tim Denton

Tim Denton is commissioner of theCanadian Radio and Television Commission. They held a hearing recently on broadcasting in new media. Can Canadian content be measured when TV is delivered over the Net? Should they be taxing ISPs to create a fund that would go into Canadian programming? Many entertainers testified in favor of the tax. “Not a single group raised the issue of free speech across the Internet.” Tim can’t imagine this being the case in the US.” Tim can’t announce the CRTC’s decision…

[Tags: tim_denton crtc canada ]

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Categories: Uncategorized Tagged with: canada • conference coverage • crtc • digital rights • policy Date: March 31st, 2009 dw

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