Science Addiction

A dormant blog by Devanshu Mehta

Tag: copyright

iPods, Obama and the Queen

An excellent article from Fred von Lohmann at EFF:

President Obama reportedly gave an iPod, loaded with 40 show tunes, to England’s Queen Elizabeth II as a gift. Did he violate the law when he did so?

You know your copyright laws are broken when there is no easy answer to this question.

[from iPods, First Sale, President Obama, and the Queen of England | Electronic Frontier Foundation]

The issue stems from how the law deals with bits (MP3s, software and Kindle eBooks) differently from atoms (CDs, paperbacks). If the President had bought a CD for the Queen (of the band Queen, no less) it would have been perfectly legal. But digital music, on the other hand, is much murkier territory— you own a “license” not the music. The article at EFF does much better justice to the topic, so read the details there.

I Can Haz Worldcats??!

icanhazworldcat

For context, read the continuing adventures of OCLC, WorldCat and the intricate scandals of the librarian community. It’s fascinating stuff– librarians fighting back against a monster of their own creation. Copyright, fair use, creative commons, an old behemoth trying to change with the times, it has all the ingredients of a magnificent geek activism tale.

Credits:
Above image is based on “Cute cat” by Per Ola Wiberg (former ponanwi and Powi) and was generated using the lolcats generator.

The Continuing Adventures of WorldCat: Conditions, not Restrictions

I won’t blame you if you haven’t been following the librarian/blogosphere coverage of the new OCLC/WorldCat use policy. Long story short: OCLC, the non-profit that controls the database of books that most libraries use and contribute to just released a new policy that makes reuse a lot more restrictive. There has already been a lot of Orwellian, corporation-like and pre-Internet thinking from the OCLC. Now for some more.

The OCLC released the newest version of the policy, but only as a PDF. Library-bloggers had already run ‘diff’s on previous HTML versions to see how each successive version changed, but now with the differently formatted (and harder to manipulate) PDF, the OCLC must be clicking their telegraphs in joy at how they foiled the new-age blogger librarians. Not so fast.

There’s already a ‘diff’ with the new version– and it gets more Orwellian. Instead of any change in actual policy, the newest version simply replaces every occurrence of the word ‘restriction’ with ‘condition’. Oh, that makes it so much better.

ALSO: the OCLC policy is nothing like Creative Commons, so I would advise them to stop making that comparison. CC does not require approval for reuse.

icanhazworldcat

UPDATE: I can haz Worldcat?!?

Mickey Mouse Turns 80, Still Imprisoned

Mickey and Minnie locked up

Mickey Mouse turned 80 on the 18th of November– the date in 1928 when Steamboat Willie was released.

No word on when he will be set free from the prison that the Disney company holds him, and every other creative work since before Mickey’s time.

On Community-Based Collaboration: Lesson From the OCLC Debacle

Community-based collaboration or “Crowdsourcing” has become the buzzword in many industries- the idea that by fostering a community, you can solve many major problems through their collective wisdom without actually hiring people with… wisdom. Linux, Wikipedia, the recent Twitter Vote Report and many other projects are often cited as successful examples of this.

The nonprofit OCLC has a membership of over 69,000 libraries around the world. These libraries collaborate to create a database– WorldCat— of bibliographies that all the member libraries can use. It is a great system– or at least it was, until the recent introduction of their upcoming use policy. The two major concerns- via Terry’s Worklog– were:

  1. OCLC would require the license to be placed within the record. This takes the ownership of records away from the library and since it is only a link to the license, the license could be changed at any time without the knowledge of the linking library.
  2. WordCat data could not be used for creation of services– even non-profit– that may compete with it.

The first concern has been largely alleviated in a recent version of the OCLC FAQ, but the second one remains. Who really owns the database? Since it only applies to libraries who are members of OCLC (in contract), what prevents someone else from creating a competing service? And finally, can you really copyright a database?

There are many projects out there, like OpenLibrary, that are trying to create a truly open, non-commercial database of books that would run afoul of this clause. In reality, the problem is not in whether it will be enforced but in that this organization believes it is more than the sum of its parts. That OCLC– not its members– controls how and where the data should be used- data that was created by its members.

This is where OCLC is different from free and open source projects like Linux, Wikipedia and every Creative Commons or GPL licensed copyrighted work. There is no right to fork.

To everyone who contributes to community projects:

Always reserve the right to fork.

That is to say, you should always be able to take the marbles and go home. To fork, in open source projects, means to take all the code/data and create another project. This is made possible by the inherent “free”ness of GPL, CC, GFDL and other licenses. Many open source projects have been forked in the past because a sufficient chunk of the community didn’t like the rules they were being asked to comply with. Nobody controlled the code, so everyone controlled the code.

However, in the case of the OCLC debacle, via Annoyed Librarian:

To use a prison metaphor, it’s clear that librarians dropped the soap decades ago.

Or Stefano’s Linotype:

Basically, by using OCLC’s data you agree to protect their existence. And their monopoly (nobody else in the world does what they do, at the scale they do it). And with data that they didn’t even create.

In a time when everyone is using search engines as their first stop in finding answers, closing WorldCat further is a major step backwards. Like many other old-world companies, the OCLC is trying to remain relevant in the face of major paradigm shifts- in this regard, it is much like the Associated Press, which is losing relevance and support from member libraries (thanks Edward Vielmetti). If this was a commercial enterprise built by a million highly paid employees, it would make no difference what they did with their data. But this is a non-profit built on the backs of its members contributions.

As Princess Leia said:

The more you tighten your grip, Tarkin, the more star systems will slip through your fingers.

Resources:

Ten Years of the Digital Millenium Copyright Act

On the 28th of October, 1998, Bill Clinton signed the Digital Millenium Copyright Act (DMCA) in to law. And the technology industry was never the same. This week, it turns 10.

The Anti-Circumvention Provision
The purpose of the anti-circumvention provisions in the DMCA was to prevent copyright pirates from defeating copy protection (DRM) mechanisms. In reality, neither the DMCA nor DRM have done nothing to stop piracy on the Internet. The DMCA has had an effect though- a chilling one. An effect on innovation, fair use, competition, expression. Read the rest of this entry »

Lessig’s Remix

Larry Lessig

Lawrence Lessig

I will pick up Lawrence Lessig’s newest (and last) book on intellectual property- Remix: Making Art and Commerce Thrive in the Hybrid Economy– pretty soon.

For more than a decade, we’ve been waging a war on our kids in the name of the 20th Century’s model of “copyright law.” In this, the last of his books about copyright, Lawrence Lessig maps both a way back to the 19th century, and to the promise of the 21st. Our past teaches us about the value in “remix.” We need to relearn the lesson. The present teaches us about the potential in a new “hybrid economy” — one where commercial entities leverage value from sharing economies. That future will benefit both commerce and community. If the lawyers could get out of the way, it could be a future we could celebrate.

Lessig also recently wrote an article called “In Defense of Piracy” (a pretty strongly worded title) for the Wall Street Journal, where he proposes the following five changes to copyright:

  • De-regulate the amateur remix.
  • De-regulate the “copy”. Instead, focus on the uses- in a digital world, we are making copies all the time.
  • Simplify
  • Restore efficiency
  • Decriminalize Gen-X

The article is typical Lessig- clear, concise and powerful. His book should also be available as a Creative Commons licensed online version on the book’s site soon. Which reminds me… I need to write about Markos Zuniga’s (of DailyKos) Taking On the System, which I recently finished (in short: good book).

The Intellectual Property Enforcement Bill

This is not a love song

Mickey Mouse politics

While (still) President Bush signed the sorry Intellectual Property Enforcement Bill in to law last week, EFF reminds us of a few victories we won over the past few months that stripped it of things like:

  • Higher damages for filesharing.
  • A vast government IP enforcement bureaucracy.
  • The Attorney General’s office will no longer become “pro bono lawyers for private copyright holders regardless of their resources.”

We should always celebrate the small victories (and, in this case, thank Public Knowledge for fighting the good fight). There will still be a “Copyright Czar”, but that position will be appointed by the President. And all indications are that we might get a President who takes a bit more nuanced position on these issues. Wired’s Threat Level blog is taking votes on who should be appointed to that position. My vote is with Lessig.