Post Free Speech

Without Intellectual Property Day [edit]

Saturday, April 26th, 2014
Without Intellectual Property Day by Parker Higgins of the EFF is quite good, and released under CC-BY. Clearly deserving of adaptation. Mine below, followed by a diff.

April 26 is the day marked each year since 2000 by the World Intellectual Property Organization (WIPO) as “World Intellectual Property Day”, in which WIPO tries to associate its worldwide pushes for more enclosure with creativity.

Celebrating creativity is a good thing, but when you’re a hammer, everything looks like a nail. For the World Intellectual Property Organization, it may seem like creativity and “intellectual property” are inextricably linked. That’s not the case. In the spirit of adding to the conversation, let’s honor all the creativity and industry that is happening without a dependence on a system intellectual property.

There’s an important reason to encourage and promote creativity outside the bounds of increasingly restrictive laws: to the extent such creativity succeeds, it helps us re-imagine the range of desirable policy and reduces the resources available to enclosure industries to lobby for protectionism — in sum shifting what is politically possible. It’s incumbent on all of us who want to encourage creativity to continue to explore and utilize structures that reward creators without also restricting speech.

Comedy, Fashion, Cooking, Magic, and More

In the areas in which intellectual freedom is not typically infringed, there is tremendous innovation and consistent creativity outside of the intellectual property system. Chefs create new dishes, designers imagine new styles, comedians write new jokes, all without a legal enforcement mechanism to restrict others from learning and building on them.

There may be informal systems that discourage copying—the comedy community, to take one example, will call out people who are deemed to be ripping off material—but for the most part these work without expensive litigation, threats of ruinous fines, and the creation of systems of surveillance and censorship.

Contributing to a Creative Commons

The free software movement pioneered the practice of creating digital media that can legally and freely be shared and expanded, building a commons. The digital commons idea is being pushed in more areas than ever before, including culture, education, government, hardware design, and research. There are some projects we’re all familiar with — Wikipedia is perhaps the most prominent, creating an expansive and continuously updated encyclopedia that is freely accessible under permissive terms to the entire world.

Focusing on this year’s World IP Day theme of movies, there have been some impressive contributions the commons over the years. Nina Paley’s feature animation Sita Sings The Blues, which she released into the public domain, has spread widely, inspired more work, and earned her money. The short films from the Blender Foundation have demonstrated cutting-edge computer graphics made with free software and, though they’ve sometimes been on the receiving end of bogus copyright takedowns, have been watched many millions of times.

Kickstarting and Threshold Pledges

Finally, crowdfunding platforms like Kickstarter and Indie-Go-Go have made a major splash in the last few years as another fundraising model that can complement, or even replace, copyright exclusivity. These platforms build on theoretical framework laid out by scholars like John Kelsey and Bruce Schneier in the influential “Street Performer Protocol” paper, which set out to devise an alternative funding system for public domain works. But most crowdfunded works are not in the commons, indicating an need for better coordination of street patrons.

Looking at movies in particular: Kickstarter alone has enabled hundreds of millions of dollars of pledges, hundreds of theatrical releases, and seven Oscar-nominated films (including Inocente, winner of the Best Documentary Short category). Blender Foundation is currently crowdfunding its first feature length film, Gooseberry.

***

The conceit of copyright and other “intellectual property” systems is that they can be calibrated to promote the progress of science and the useful arts. But the reality of these systems is corruption and rent seeking, not calibration. The cost is not just less creativity and innovation, but less freedom and equality.

It’s clear from real world examples that other systems can achieve the goal of promoting creativity, progress, and innovation. We must continue to push for both practice and policy that favors these systems, ultimately rendering “intellectual property” a baffling anachronism. In a good future, a policy-oriented celebration of creativity and innovaion would be called World Intellectual Freedom Day.

wdiff -n eff-wipd.html eff-wipd-edit.html |colordiff |aha -w > eff-wipd-diff.html
[-<p>Today, April 26,-]{+<p>April 26+} is the day marked each year since 2000 [-as "Intellectual Property Day"-] by the <a href="https://www.eff.org/issues/wipo">World Intellectual Property Organization [-(WIPO)</a>. There are many areas where EFF has not historically agreed with WIPO,-] {+(WIPO)</a> as "World Intellectual Property Day", in+} which [-has traditionally pushed-] {+WIPO tries to associate its <a href="https://www.eff.org/deeplinks/2013/03/ustr-secret-copyright-agreements-worldwide">worldwide pushes+} for more [-restrictive agreements and served as a venue for <a href="https://www.eff.org/deeplinks/2013/03/ustr-secret-copyright-agreements-worldwide">domestic policy laundering</a>, but we agree that celebrating-] {+enclosure</a> with creativity.</p>+}
{+<p>Celebrating+} creativity is a good [-thing.</p>-]
[-<p>As the saying goes, though:-] {+thing, but+} when you're a hammer, everything looks like a nail. For the World Intellectual Property Organization, it may seem like creativity and <a href="https://www.eff.org/issues/intellectual-property/the-term">"intellectual property"</a> are inextricably linked. That's not the case. In the spirit of adding to the conversation, [-we'd like to-] {+let's+} honor all the creativity and industry that is happening <i>without</i> a dependence on a system intellectual property.</p>
<p>There's an important reason to encourage {+and promote+} creativity outside the bounds of increasingly restrictive [-laws, too. As Ninth Circuit Chief Justice Alex Kozinski eloquently explained in <a href="http://notabug.com/kozinski/whitedissent">a powerful dissent</a> some 20 years ago, pushing only for more IP restrictions tips a delicate balance against creativity:</p>-]
[-<blockquote><p>Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain. Nothing today, likely nothing since we tamed fire, is genuinely new: Culture, like science and technology, grows by accretion, each new creator building on-] {+laws: to+} the [-works-] {+extent such creativity succeeds, it helps us re-imagine the range+} of [-those who came before. Overprotection stifles the very creative forces it's supposed-] {+desirable policy <i>and</i> reduces the resources available+} to [-nurture.</p></blockquote>-]
[-<p>It's-] {+enclosure industries to lobby for protectionism -- in sum shifting what is politically possible. It's+} incumbent on all of us who want to encourage creativity to continue to explore {+and utilize+} structures that reward creators without also restricting speech.</p>
<h3>Comedy, Fashion, Cooking, Magic, and More</h3>
<p>In the areas [-known as copyright's "negative spaces,"-] {+in which intellectual freedom is not typically infringed,+} there is tremendous innovation and consistent creativity outside of the intellectual property system. Chefs create new dishes, designers imagine new styles, comedians write new jokes, all without a legal enforcement mechanism to restrict others from learning and building on them.</p>
<p>There may be informal systems that discourage copying—the comedy community, to take one example, <a href="http://www.slate.com/articles/arts/culturebox/features/2014/the_humor_code/joke_theft_can_a_comedian_sue_if_someone_steals_his_material.html">will call out people</a> who are deemed to be ripping off material—but for the most part these work without expensive litigation, threats of ruinous fines, and the creation of systems [-that can be abused to silence lawful non-infringing speech.</p>-] {+of surveillance and censorship.</p>+}
<h3>Contributing to a Creative Commons</h3>
<p>The free software movement [-may have popularized-] {+pioneered+} the [-idea-] {+practice+} of creating digital media that can legally and freely be shared and expanded, [-but the free culture movement has pushed the-] {+building a commons. The digital commons+} idea [-further-] {+is being pushed in more areas+} than ever [-before.-] {+before, including culture, education, government, hardware design, and research.+} There are some projects we're all familiar [-with—Wikipedia-] {+with -- Wikipedia+} is perhaps the most prominent, creating an expansive and continuously updated encyclopedia that is freely accessible under permissive terms to the entire world.</p>
<p>Focusing on this year's World IP Day theme of movies, there have been some impressive contributions the commons over the years. Nina Paley's feature animation <i><a href="http://www.sitasingstheblues.com/">Sita Sings The Blues</a></i>, which she released into the public domain, has spread widely, inspired more work, and earned her money. The <a href="http://www.techdirt.com/articles/20101002/20174711259/open-source-animated-movie-shows-what-can-be-done-today.shtml">short films from the Blender Foundation</a> have demonstrated cutting-edge computer graphics made with free software and, though they've sometimes been on <a href="http://www.techdirt.com/articles/20140406/07212626819/sony-youtube-take-down-sintel-blenders-open-source-creative-commons-crowdfunded-masterpiece.shtml">the receiving end of bogus copyright takedowns</a>, have been watched many millions of times.</p>
<h3>Kickstarting and Threshold Pledges</h3>
<p>Finally, crowdfunding platforms like Kickstarter and Indie-Go-Go have made a major splash in the last few years as another fundraising model that can complement, or even replace, [-traditional-] copyright exclusivity. These platforms build on theoretical framework laid out by scholars like John Kelsey and [-EFF board member-] Bruce Schneier in <a href="https://www.schneier.com/paper-street-performer.html">the influential "Street Performer Protocol" paper</a>, which set out to devise an alternative funding system for public [-works.</p>-] {+domain works. But most crowdfunded works are not in the commons, indicating an need for better <a href=http://gondwanaland.com/mlog/2013/08/10/street-patrons-missing-coordination-protocol/">coordination of street patrons</a>.</p>+}
<p>Looking at movies in particular: Kickstarter alone has <a href="https://www.kickstarter.com/blog/a-big-day-for-film">enabled hundreds of millions of dollars of pledges</a>, hundreds of theatrical releases, and seven Oscar-nominated films (including <i>Inocente</i>, winner of the Best Documentary Short category). [-Along with other-] {+Blender Foundation is currently+} crowdfunding [-sites, it has allowed the development of niche projects that might never have been possible under the traditional copyright system.&nbsp;</p>-] {+its first feature length film, <em><a href="http://gooseberry.blender.org/">Gooseberry</a></em>.</p>+}
<h3>***</h3>
[-<p>As the Constitution tells us,-]
{+<p>The conceit of+} copyright and other "intellectual property" systems [-can, when-] {+is that they can be+} calibrated [-correctly,-] {+to+} promote the progress of science and the useful arts. [-We continue to work pushing for a balanced law that would better achieve that end.</p>-]
[-<p>But it's also-] {+But the reality of these systems is corruption and rent seeking, not calibration. The cost is not just less creativity and innovation, but less freedom and <a href="http://gondwanaland.com/mlog/2014/01/30/tech-wealth-ip/">equality</a>.</p>+}
{+<p>It's+} clear from [-these-] real world examples that other systems can achieve [-that-] {+the+} goal [-as well. Promoting-] {+of promoting+} creativity, progress, and [-innovation is an incredibly valuable mission—it's good to know that it doesn't have-] {+innovation. We must continue+} to [-come through systems-] {+push for both practice and <a href="http://gondwanaland.com/mlog/2014/02/09/freedoms-commons/#regulators">policy+} that [-can-] {+favors these systems</a>, ultimately rendering "intellectual property" a baffling anachronism. In a good future, a policy-oriented celebration of creativity and innovaion would+} be [-abused to stifle valuable speech.</p>-] {+called World Intellectual Freedom Day.</p>+}

Empowered Mozilla?

Friday, April 4th, 2014

I don’t feel glad about Brendan Eich’s resignation as CEO of Mozilla, but it is probably for the best that it happened quickly. Even the President of the United States has changed his tune on same sex marriage since 2008. Apparently Eich really wanted to not even pretend to change his opinion and make up for it.

There is irony and danger in excluding holders of non-inclusive political opinions in the name of inclusivity. But the particulars of this instance make sense. (1) The excluded opinion isn’t just any. It’s in a class of opinions which deny equal rights to some people based on attributes they did not choose. Once society gets around to expanding the circle of moral equality to another group, advocacy against the expansion or for retraction quickly becomes an abomination suppressed on the free market; and not soon enough. I don’t see any way to avoid this. I suspect that the general case for socially (as opposed to legally: there should be no legal intolerance for even abominable opinions) tolerating diverse opinions is harmed if anti-equality opinions are treated as any other political opinion. (2) The opinion holder isn’t just anyone, but the symbol of a very public organization. Whether the chief executive should be such a central figure — certainly not when it comes to criminally powerful heads of nearly all states — is another question. I look forward to publicly holding the opinion that jurisdiction of birth serves as a legitimate reason for denial of equal rights becoming verboten for leaders, and in any educated company, at which point international apartheid must quickly crumble.

I hope that this brief crisis somehow spurs Mozilla to get back to its roots, even if in other respects Eich would have been the best leader to do that. For anyone who cares about the Mozilla mission, the crisis reveals a lot more about governance and communications problems at the organization than about Eich’s views, which were already known last year. I don’t think the crisis was only due to the outrage of marriage equality advocates. People expect better from Mozilla than the corporate/political PR style which Mozilla seems to have adopted: non-specific hype and if that doesn’t go over well reassure without directly addressing concerns. That approach could hardly be more calculated to provoke outrage among people who feel a part of the Mozilla community.

About crowd outrage, including destructive measures (promotion of browsers that are ethically far worse than Firefox), and Mozilla’s initial response of reassuring without directly addressing concerns (which horribly undersold Mozilla’s excellent practices and values, seeming to be offered as pathetic reassurance rather than the bedrock that they are): the whole thing reminds me of mass protest stemming from some legitimate issues, government refusal to directly address issues, and a rapid escalation to regime change as a non-negotiable demand, with destruction and opportunity creation for trolls quickly following.

Though in every recent case I can think of, the outraged crowd has good reason to be outraged, there is something “illegitimate” about obtaining change through packing the streets (or net), and certainly much dangerous about it: the collateral damage and opportunities created for the worst actors are enormous. Is there any hope for crowds or institutions to become “smarter” and more constructive? That’s in part what I was hoping for in the Mozilla case in my previous post.

I can think of approximately three possibilities; hopefully many more exist. (1) Better predictions about outcomes, i.e., any at all beyond self-serving punditry. Prediction markets are one possible, but so far failed (in the sense of near zero use), mechanism. Some outraged crowd members might pay attention to risk, and perhaps even tip the crowd into more rational behavior. Within regimes (inclusive of those controlling non-state organizations) better predictions might strengthen the hands of those who advocate for responding in a way not seemingly calculated to tip the crowd into regime change as a non-negotiable demand. (2) New “legitimate” arrangements which somehow promote directly addressing concerns rapidly, without allowing any mass of angry people to demand regime change. I don’t have any concrete ideas, but might be related to (3) new “legitimate” arrangements designed to encourage change without crisis, thus reducing the “need” for crisis. In many ways (2) and (3) are the function of “the market” and “culture” with emphasis depending on topic. But organizations (state, firm, or other) play a tremendous role, so institutional design is highly pertinent. One version of such institutional design, or at least call for such, is Roberto Unger’s concept of empowered democracy (from Wikipedia, emphasis added):

Unger’s proposal for political democracy calls for a high energy system that diminishes the dependence of change upon crisis. This can be done, he claims, by breaking the constant threat of stasis and institutionalization of politics and parties through five institutional innovations. First, increase collective engagement through the public financing of campaigns and giving free access to media outlets. Second, hasten the pace of politics by breaking legislative deadlock through the enabling of the party in power to push through proposals and reforms, and for opposition parties to be able to dissolve the government and call for immediate elections. Third, the option of any segment of society to opt out of the political process and to propose alternative solutions for its own governance. Fourth, give the state the power to rescue oppressed groups that are unable to liberate themselves through collective action. Fifth, direct participatory democracy in which active engagement is not purely in terms of financial support and wealth distribution, but through which people are directly involved in their local and national affairs through proposal and action.

I don’t have any comments on Unger’s proposed innovations (apart from skeptical curiosity), but the goal increasing (implied positive) change while reducing crisis seems one worthy of exploration, by organizations of all sizes.

Brendan Eich’s going away post:

Networks breed first- and second-mover winners and others path-dependent powers, until the next disruption. Users or rather their data get captured.

Privacy is only one concern among several, including how to realize economic value for many-yet-individually-weak users, not just for data-store/service owners or third parties. Can we do better with client-side and private-cloud tiers, zero-knowledge proofs and protocols, or other ideas?

Can a browser/OS “unionize its users” to gain bargaining power vs. net super-powers?

This is basically why I think Mozilla is so great and important. Lots of free/libre/open projects and organizations have good values. They largely don’t matter because network effects dominate. Huge organizations with good values are necessary, and all the better if they explicitly are thinking about the challenges imposed by the network effects of incumbents which embody poor values.

There’s no analogy worthy of making, and cringe when others try. But I’m glad that marriage equality advocates and their predecessors in struggles for civil rights succeeded in gaining bargaining power vs. the social super-powers of the day.

IP, commons, and World Values Survey traditional/secular-rational and survival/self-expression dimensions

Sunday, February 16th, 2014

I recently wrote about Benkler’s 2002 claim that “commons-based peer production” or the “networked information economy” could enhance the liberal values of democracy, equality, freedom, and innovation and the corollary that “intellectual property” is a barrier to peer production, thus to realizing these gains. More riffing on Benkler’s papers forthcoming, but that post also serves to kick off a series I’ve long meant to do — looking at IP (take your pick: intellectual property, intellectual/industrial protectionism, inequality promotion, information/innovation policy) and commons from the perspective of various general characterizations of, take your pick: ethics, morality, politics, values. These posts will be rather naive, reflecting in some proportions the generally ignorant nature of what passes as discourse on IP and my ignorance of wide swaths of discourse. I appreciate efforts from others to correct both.

You’ve probably seen a plot of cultures on the dimensions of traditional/secular-rational values and survival/self-expression values, from World Values Survey data, but here it is again:
plot of cultures on the dimensions of traditional/secular-rational values and survival/self-expression values

Definitions, excerpted from Wikipedia:

Traditional values emphasize the importance of religion, parent-child ties, deference to authority and traditional family values. People who embrace these values also reject divorce, abortion, euthanasia and suicide. These societies have high levels of national pride and a nationalistic outlook.

Secular-rational values have the opposite preferences to the traditional values. These societies place less emphasis on religion, traditional family values and authority. Divorce, abortion, euthanasia and suicide are seen as relatively acceptable.

Survival values place emphasis on economic and physical security. It is linked with a relatively ethnocentric outlook and low levels of trust and tolerance.

Self-expression values give high priority to environmental protection, growing tolerance of foreigners, gays and lesbians and gender equality, and rising demands for participation in decision-making in economic and political life.

How do the current IP regime and treating knowledge as a commons align on these dimensions?

Property seems aligned with traditional and survival values:

  • Deference to authority: literally, deference to those legally recognized as authors, practically, deference to highly capitalized intermediary “owners” who define culture through mass marketing.
  • Traditional family values: highly capitalized intermediaries are often willing accomplices in promoting, and suppressing other values.
  • Nationalistic: those foreign pirates!
  • Economic security: tropes of caring about starving artists and their descendants, and the centrality of the assumption that knowledge would not be created without property and of showing off how much “economic activity” industry generates.
  • Low levels of trust and tolerance: previous assumption, and want to control unauthorized adaptations and uses.

Commons seems aligned with secular-rational and self-expression values:

  • Less emphasis on authorial and intermediary control, largely debunking and struggling against these.
  • Non-traditional, unintended, global uses welcomed as beneficial: sources of decentralized innovation.
  • Outré uses seen as relatively acceptable, not to be suppressed by dominant intermediaries or legal persecution.
  • Cultural environmentalism, knowledge ecology threatened by enclosure rather than inadequate incentive.
  • Tropes of participatory culture, democratized innovation, commons-based peer production as a means of enhancing liberal values of democratic discourse, individual autonomy, equality.

I didn’t include religion above because it plays little role in contemporary IP discourse, but historically I’d place it solidly with Property, thus furthering its alignment with traditional values — religion has been a and often the primary enforcer of control and exclusivity over knowledge from the dawn of civilization.

Clearly above is a motivated characterization. Please attack it. Three obvious starting points:

  • Commons advocates look back fondly on gift exchange in traditional cultures. I don’t think this will be a fruitful attack, as gift economy does not align with traditional or survival values as used in the World Values Survey. But you could construct a tenuous multi-step argument.
  • Jurisdictions with stronger enforcement of intellectual property tend to have populations with secular-rational and self-expression values, relative to those with weaker enforcement.
  • Property, through its support for centralized control and highly capitalized intermediaries, is exactly what destroys traditional and survival values, even if relying on same for legitimacy, and needing to strike occasional bargains with traditional values advocates.

Perhaps these amount to claim that commons expressively aligns with secular-rational and self-expression values, but property instrumentally aligns with same. This largely brings us back to theory and facts: does property or commons maximize innovation? But, what about freedom and equality as desiderata of innovation policy? I conclude for now that the current IP regime aligns with traditional and survival values and knowledge commons with secular-rational and self-expression values.

Keep Fighting Forward

Tuesday, February 11th, 2014

Today is the day to mass call for regulation of mass surveillance. I did, please do it too.

I’m still underwhelmed by the rearguard nature of such actions, wonder how long they continue to be effective (e.g., when co-opted, or when policymakers realize mass calls don’t translate into votes, or forever…since at least 1996), and am even enraged by their focus on symptoms. But my feelings are probably wrong. Part of me applauds those who enjoy fighting the shortest term and broadest appeal possible battles. Such probably helps prevent things from getting worse, at least for a time, and that’s really valuable. Anyone who believes things must get worse before they get better is dangerous, because that’s when real trolls take over, damn your revolution.

I enjoyed Don Marti’s imperfect but perfectly provocative analogy, which I guess implies (he doesn’t say) the correct response to mass surveillance is to spend on end-to-end crypto, rejection of private tracking, decentralization, and other countermeasures, sealing net communications from security state poison. I’m all for that, and wish advocacy for same were a big part of mass calls to action like today’s. But I see the two as mostly complementary, as much as I’d like to scream “you’re doing it entirely wrong!”

Also QuestionCopyright’s assertion that Copyright + Internet = Surveillance. Or another version: Internet, Privacy, Copyright; Choose Two. I could quibble that these are too weak (freedom was infringed by copyright before the net) and too strong (not binary), but helpfully provocative.

Addendum: Also, Renata Avila:

For me is . Otherwise, we will be in serious trouble. Donate to resistance tools like or

Annual thematic doubt

Friday, January 10th, 2014

As promised, my first annual thematic doubt post, expressing doubts I have about themes I blogged about during 2013.

Intellectual Freedom

If this blog were to have a main purpose other than serving as a despository for my tangents, it’d be protecting and promoting intellectual freedom, in particular through the mechanisms of free/open/knowledge commons movements, and in reframing information and innovation policy with freedom and equality outcomes as top. Some representative posts: Economics and the Commons Conference [knowledge stream] report, Flow ∨ incentive 2013 anthology winner, z3R01P. I’m also fond of pointing out where these issues surface in unusual places and surfacing them where they are latent.

I’m fairly convinced on this theme: regimes infringing on intellectual freedom are individual and collective mind-rot, and “merely” accentuate the tendencies toward inequality and control of whatever systems they are embedded in. Mitigating, militating against, outcompeting, and abolishing such regimes are trivially for the good, low risk, and non-revolutionary. But sure, I have doubts:

  • Though I see their accentuation of inequality and control as increasingly important, and high leverage for determining future outcomes, copyright and patent could instead be froth. The cause of intellectual freedom might be better helped by fighting for traditional free speech issues, for tolerance, against mass incarceration, against the drug war, against war, against corruption, for whatever one’s favored economic system is…
  • The voluntarily constructed commons that I emphasize (e.g., free software, open access) could be a trap: everything seems to grow fast as population (and faster, internet population) grows, but this could cloud these commons being systematically outcompeted. Rather than being undersold, product competition from the commons will never outgrow their dwarfish forms, will never shift nor take the commanding heights (e.g., premium video, pharma) and hence are a burden to both policy and beating-of-the-bounds competition. Plus, copyright and the like are mind-rot: generations of commons activists minds have been rotted and co-opted by learning to work within protectionist regimes rather than fighting and ignoring them.
  • An intellectual freedom infringing regime which produced faster technical innovation than an intellectual freedom respecting regime could render the latter irrelevant, like industrial societies rendered agricultural societies irrelevant, and agricultural societies rendered hunter-gatherer societies irrelevant, whatever the effects of those transitions on freedom and other values were. I don’t believe the current regime is anywhere close to being such a thing, nor are the usual “IP maximalism” reforms taking it in that direction. But it is possible that innovation policy is all that matters. Neither freedom and equality nor the rents of incumbents matter, except as obstacles and diversions from discovering and implementing innovation policy optimized to produce the most technical innovation.

I’m not, but can easily imagine being won over by these doubts. Each merits engagement, which could result in much stronger arguments for intellectual freedom, especially knowledge commons.

Critical Cheering

Unplanned, unnoticed by me until late in the year, my most pervasive subtheme was criticism-embedded-in-praise of free/open/commons entities and actions. Representative posts, title replaced with main target: Creative Commons, crowdfunding, Defensive Patent License, Document Freedom Day, DRM-in-HTML5 outrage, EFF, federated social web, Internet Archive, Open Knowledge Foundation, SOPA/ACTA online protests, surveillance outrage, and the Wikimedia movement.

This is an old theme: examples from 2004, 2005, 2006, 2007, 2008, 2011, and 2012. 2009 and 2010 are absent, but the reason for my light blogging here bears some relation to the theme: those are the years I was, in theory, most intensely trying to “walk my talk” at Creative Commons (and mostly failed, side-tracked by trying to get the organization to follow much more basic best practices, and by vast amounts of silliness).

Doubts about the cheering part are implied in the previous section. I’ll focus on the criticism here, but cheering is the larger component, and real: of entities criticized in the above links, in 2013 I donated money to at least EFF, FSF, and Internet Archive, and uncritically promoted all of them at various points. The criticism part amounts to:

  • Gains could be had from better coordination among entities and across domains, ranging from collaboration toward a short term goal (e.g., free format adoption) to diffuse mutual reinforcement that comes from shared knowledge, appreciation, and adoption of free/open/commons tools and materials across domains (e.g., open education people use open source software as inherent part of their practice of openness, and vice versa).
  • The commons are politically potent, in at least two ways: minimally, as existence proof for creativity and innovation in an intellectual freedom respecting regime (carved out); and vastly underappreciated, as destroyer of rents dependent on the intellectual freedom infringing regime, and of resources available for defending those rents and the regime. Commons are not merely to be protected from further bad policy, but are actors in creating a good policy environment, and should be promoted at every turn.

To be clear, my criticism is not usually a call for more “radical” or “extreme” steps or messages, rather more fulsome and coordinated ones. Admittedly, sometimes it may be hard to tell the difference — and this leads to my doubts:

  • Given that coordination is hard, gaining knowledge is expensive, and optimization path dependent, the entities and movements I criticize may not have room to improve, at least not in the direction I want them to improve in. The cost of making “more fulsome and coordinated” true might be greater than mutual reinforcement and other gains.
  • See the second doubt in the previous section — competition from the commons might be futile. Rather than promoting them at every turn, they should sometimes be held up as victims of bad policy, to be protected, and sometimes hidden from policy discourse.

The first doubt is surely merited, at least for many entities on many issues. For any criticism I have in this space, it makes sense to give the criticized the benefit of the doubt; they know their constraints pretty well, while I’m just making abstract speculations. Still, I think it’s worthwhile to call for more fulsome and coordinated strategy in the interstices of these movements, e.g., conversation and even this blog, in the hope of long-term learning, played out over years in existing entities and movements, and new ones. I will try henceforth to do so more often in a “big picture” way, or through example, and less often through criticism of specific choices made by specific entities — in retrospect the stream of the latter on this blog over the last year has been tedious.

International Apartheid

For example: Abolish Foreignness, Do we have any scrap of evidence that [the Chinese Exclusion Act] made us better off?, and Opposing “illegal” immigration is xenophobic, or more bluntly, advocating for apartheid “because it’s the law”. I hinted at a subtheme about the role of cities, to be filled out later.

The system is grossly unjust and ought be abolished, about that I have no doubt. Existing institutions and arrangements must adapt. But, two doubts about my approach:

  • Too little expression of empathy with those who assume the goodness of current policy. Fear of change, competition, “other” are all deep. Too little about how current unjust system can be unwound in a way the mitigates any reality behind these fears. Too little about how benefits attributed to current unjust system can be maintained under a freedom respecting regime. (This doubt also applies to the intellectual freedom theme.)
  • Figuring out development might be more feasible, and certainly would have more impact on human welfare, individual autonomy, than smashing the international apartheid system. Local improvements to education, business, governance, are what all ought focus on — though development economics has a dismal record, it at least has the right target. Migration is a sideshow.

As with the intellectual freedom theme, these doubts merit engagement, and such will strengthen the case for freedom. But even moreso than in the case of intellectual freedom infringing regimes, the unconscionable and murderous injustice of the international apartheid regime must be condemned from the rooftops. It is sickening and unproductive to allow discourse on this topic to proceed as if the regime is anything but an abomination, however unfeasible its destruction may seem in the short term.

Politics

Although much of what I write here can be deemed political, one political theme not subsumed by others is inadequate self-regulation of the government “market”, e.g., What to do about democratically elected terrorist regimes, Suppose they gave a war on terror and a few exposed it as terror, and Why does the U.S. federal government permit negative sum competition among U.S. states and localities?

The main problem with this theme is omission rather than doubt — no solutions proposed. Had I done so, I’d have plenty to doubt.

Refutation

I fell behind, doing refuting only posts from first and second quarters of 2005. My doubt about this enjoyable exercise is that it is too contrived. Many of the refutations are flippant and don’t reflect any real doubts or knowledge gained in the last 8 years. That doubt is what led me to the exercise of this post. How did I do?

Upgrade to CC-BY(-(NC(-(ND|SA))?|ND|SA))?-4\.0

Monday, November 25th, 2013

Today Creative Commons released version 4.0 of six* of its licenses, with many improvements over version 3.0, after more than two years of work. I’ll write more about those details later. But you should skip right past 4.0 and upgrade to CC’s premier legal product, CC0. This is the case whether you’re looking to adopt a CC license for the first time, or to upgrade from version 1.0, 2.0, 2.1, 2.5, or 3.0.

Let’s review the named conditions present in some or all of the CC 4.0 licenses, and why unconditional CC0 is better.

Don’t forget unmitigated © in the basement.

Attribution (BY). Do not take part in the debasement of attribution, and more broadly, provenance, already useful to readers, communities of practice, and publishers, by making them seem mere objects of copyright license compliance. If attribution is useful, it will be provided. If not, robots will find out. Rarely does anyone comply with the exact legal requirements of the attribution term anyway, and as a licensor, you probably won’t provide the information needed by licensees to easily comply. Plus, the corresponding icon looks like a men’s bathroom sign.

NonCommercial (NC). Sounds nice, but nobody knows what it means. Perhaps this goes some way to explaining why NC licensed works are often used by for-profit entities, including with advertising, while NC licensed works are verboten for many community and non-profit projects, most prominently Wikipedia and other Wikimedia projects. (Because commercial entities know there is very low risk of being sued for non-compliance, and can manage risk, while community projects tend to draw and follow bright lines. Perhaps community projects ought to be able to manage risk, and that they can’t is a demonstration of their relative lack of institutional sophistication…but that’s another topic!)

NoDerivatives (ND). This term has no business being in the “Creative Commons” license suite, but sadly still is. If you don’t want to contribute to a creative commons, don’t. If you’d like to, but think copyright (through withholding permission to share adaptations, i.e., the ND term) will prevent people from misrepresenting you, you’re wrong, committing an act of hate toward free speech, and undermining the potential of voluntary license practice to align with and support an obvious baseline objective for copyright reform: noncommercial sharing and remix should always be legal.

ShareAlike (SA). Also sounds nice, and I am a frequent apologist and sometime advocate for the underlying idea, copyleft. But SA is a weak implementation of copyleft. It isn’t “triggered” by the most common use of CC-licensed material (contextual illustration, not full remix), and it has no regulatory condition not present in non-SA CC licenses (cf GPL, which requires sharing source for a work, and is usable for any work; if you care about copyleft, tell CC to finish making CC-BY-SA one-way compatible with GPL). And the SA implementation retains the costs of copyleft: blank stares of incomprehension, even from people who have worked in the “open” world for over a decade, and occasionally intense fear and dislike (the balance is a bit different in the software world, but this is my direct experience among non-software putatively open organizations and people); also, compatibility problems. It’s time to take the unsolicited advice often given to incumbents and others fearful of the internet: ‘obscurity is a greater threat than piracy’ — and apply it: ‘obscurity is a greater threat than proprietarization.’


Upgrade to CC0!

CC0 isn’t perfect, but it is by far the best tool provided by CC. I have zero insight into the future of the CC organization, but I hope it gives ample priority to the public domain, post-4.0 launch.

*CC-BY(-(NC(-(ND|SA))?|ND|SA))?-4\.0 is a regular expression matching all six licenses released today.

Social mobilization for the Internet post-epochals grew up with

Thursday, November 14th, 2013

Puneet Kishor has organized a book talk tomorrow (2013-11-15) evening in San Francisco by Edward Lee, author of The Fight for the Future: How People Defeated Hollywood and Saved the Internet–For Now (pdf).

I can’t attend, so I watched a recording of a recent talk by Lee and skimmed the book.

The book gives a narrative of the SOPA/PIPA and ACTA protests, nicely complementing Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate, which does what the title says by analyzing relevant posts and links among them.

Lee in the talk and book, and the authors of the mapping report, paint a picture of a networked, distributed, and dynamic set of activists and organizations, culminating in a day of website blackouts and millions of people contacting legislators, and street protests in the case of ACTA.

The mapping report puts the protests and online activity leading up to them in the context of debate over whether the net breeds conversations that are inane and silo’d, or substantive and boundary-crossing: data point for the latter. What does this portend for social mobilization and politics in the future? Unknown: (1) state or corporate interests could figure out how to leverage social mobilization as or more effectively than public interest actors (vague categories yes), (2) the medium itself (which now, a few generations have grown up with, if we allow for “growing up” to extend beyond high school) being perceived at risk may have made these protests uniquely well positioned to mobilize via the medium, or (3) this kind of social mobilization could tilt power in a significant and long-term way.

Lots of people seem to be invested in a version of (3). They may be right, but the immediate outcome makes me sad: the perceived cutting edge of activism amounts to repeated communications optimization, i.e., spam science. Must be the civil society version of “The best minds of my generation are thinking about how to make people click ads. That sucks.” This seems eminently gameable toward (1), in addition to being ugly. We may be lucky if (2) is most true.

On the future of “internet freedoms” and social mobilization, Lee doesn’t really speculate. In the talk Q&A, lack of mass protest concerning mass surveillance is noted. The book’s closing words:

“We tried not to celebrate too much because it was just a battle. We won a battle, not the war. We’re still fighting other free trade agreements and intellectual property enforcement that affect individual rights.”

In a way, the fight for digital rights had only just begun.

Of course my standard complaint about this fight, which is decades old at least, is that it does not consist merely of a series of rearguard battles, but also altering the ecosystem.

What’s *really* wrong with the free and open internet — and how we could win it

Thursday, October 24th, 2013

A few days ago Sue Gardner, ED of the Wikimedia Foundation, posted What’s *really* wrong with nonprofits — and how we can fix it. Judging by seeing the the link sent around, it has been read to confirm various conflicting biases different people in the SF bay area/internet/nonprofit space and adjacent already had. May I? Excerpt-based-summary:

A major structural flaw of many nonprofits is that their revenue is decoupled from mission work, which pushes them to focus on providing a positive donor experience often at the expense of doing their core work.

WMF makes about 95% of its money from the many-small-donors model

I spend practically zero time fundraising. We at the WMF get to focus on our core work of supporting and developing Wikipedia, and when donors talk with us we want to hear what they say, because they are Wikipedia readers

I think the usefulness of the many-small-donors model, ultimately, will extend far beyond the small number of nonprofits currently funded by it.

[Because Internet.]

For organizations that can cover their costs with the many-small-donors model I believe there’s the potential to heal the disconnect between fundraising and core mission work, in a way that supports nonprofits being, overall, much more effective.

I agree concerning extended potential. I thought (here comes confirmation of biases) that Creative Commons should make growing its small donor base its number one fundraising effort, with the goal of having small donors provide the majority of funding as soon as possible — realistically, after several years of hard work on that model. While nowhere close to that goal, I recall that about 2006-2009 individual giving grew rapidly, in numbers and diversity (started out almost exclusively US-based), even though it was never the number one fundraising priority. I don’t think many, perhaps zero, people other than me believed individual giving could become CC’s main source of support. Wikimedia’s success in that, already very evident, and its unique circumstance, was almost taken as proof that CC couldn’t. I thought instead Wikimedia’s methods should be taken as inspiration. The “model” had already been proven by nearby organizations without Wikimedia’s eyeballs; e.g., the Free Software Foundation.

An organization that wants to rely on small donors will have to work insanely hard at it. And, if it had been lucky enough to be in a network affording it access to large foundation grants, it needs to be prepared to shrink if the foundations tire of the organization before individual giving supplants them, and it may never fully do so. (But foundations might tire of the organization anyway, resulting in collapse without individual donors.) This should not be feared. If an organization has a clear vision and operating mission, increased focus on core work by a leaner team, less distracted by fundraising, ought be more effective than a larger, distracted team.

But most organizations don’t have a clear vision and operating mission (I don’t mean words found in vision and mission statements; rather the shared and deep knowing-what-we’re-trying-to-do-and-how that allows all to work effectively, from governance to program delivery). This makes any coherent strategic change more difficult, including transitioning to small donor support. It also gives me pause concerning some of the bits of Gardner’s post that I didn’t excerpt above. For most organizations I’d bet that real implementation of nonprofit “best practices” regarding compliance, governance, management, reporting, etc, though boring and conservative, would be a big step up. Even trying to increase the much-maligned program/(admin+fundraising) ratio is probably still a good general rule. I’d like to hear better ones. Perhaps near realtime reporting of much more data than can be gleaned from the likes of a Form 990 will help “big data scientists” find better rules.

It also has to be said that online small donor fundraising can be just as distracting and warping (causing organization to focus on appearing appealing to donors) as other models. We (collectively) have a lot of work to do on practices, institutions, and intermediaries that will make the extended potential of small donor support possible (read Gardner’s post for the part I lazily summarized as [Because Internet.]) in order for the outcome to be good. What passes as savvy advice on such fundraising (usually centered around “social media”) has for years been appalling and unrealistic. And crowdfunding has thus far been disappointing in some ways as an method of coordinating public benefit.

About 7 months ago Gardner announced she would be stepping down as ED after finding a replacement (still in progress), because:

I’ve always aimed to make the biggest contribution I can to the general public good. Today, this is pulling me towards a new and different role, one very much aligned with Wikimedia values and informed by my experiences here, and with the purpose of amplifying the voices of people advocating for the free and open internet. I don’t know exactly what this will look like — I might write a book, or start a non-profit, or work in partnership with something that already exists.

My immediate reaction to this was exactly what Виктория wrote in reply to the announcement:

I cannot help but wonder what other position can be better for fighting consumerisation, walling-in and freedom curtailment of the Internet than the position of executive director of the Wikimedia Foundation.

I could take this as confirming another of my beliefs: that the Wikimedia movement (and other constructive free/open movements and organizations) do not realize their potential political potency — for changing the policy narrative and environment, not only taking rear guard actions against the likes of SOPA. Of course then, the Wikimedia ED wouldn’t think Wikimedia the most effective place from which to work for a free and open internet. But, my beliefs are not widely held, and likely incorrect. So I was and am mostly intrigued, and eager to see what Gardner does next.

After reading the What’s *really* wrong with nonprofits post above, I noticed that 4 months ago Gardner had posted The war for the free and open internet — and how we are losing it, which I eagerly read:

[non-profit] Wikipedia is pretty much alone. It’s NOT the general rule: it’s the exception that proves the rule.

The internet is evolving into a private-sector space that is primarily accountable to corporate shareholders rather than citizens. It’s constantly trying to sell you stuff. It does whatever it wants with your personal information. And as it begins to be regulated or to regulate itself, it often happens in a clumsy and harmful way, hurting the internet’s ability to function for the benefit of the public. That for example was the story of SOPA.

[Stories of how Wikipedia can fight censorship because it is both non-profit and very popular]

Aside from Wikipedia, there is no large, popular space being carved out for the public good. There are a billion tiny experiments, some of them great. But we should be honest: we are not gaining ground.

The internet needs serious help if it is to remain free and open, a powerful contributor to the public good.

Final exercise in confirming my biases (this post): yes, what the internet needs is more spaces carved our for the public good — more Wikipedias — categories other than encyclopedia in which a commons-based product out-competes proprietary incumbents, increasing equality and freedom powerfully in both the short and long (capitalization aligned with rent seeking demolished) term. Wikipedia is unique in being wildly successful and first and foremost a website, but not alone (free software collectively must many times more liberating by any metric, some of it very high profile, eg Firefox; Open Access is making tremendous progress, and I believe PLOS may have one of the strongest claims to operating not just to make something free, but to compete directly with and eventually displace incumbents).

A free and open internet, and society, needs intense competition from commons-based initiatives in many more categories, including those considered the commanding heights of culture and commerce, eg premium video, advertising, social networking, and many others. Competition does not mean just building stuff, but making it culturally relevant, meaning making it massively popular (which Wikipedia lucked into, being the world’s greatest keyword search goldmine). Nor does it necessarily mean recapitulating proprietary products exactly, eg some product expectations might moved to ones more favorable to mass collaboration.

Perhaps Gardner’s next venture will aim to carve out a new, popular space for the public good on the internet. Perhaps it will be to incubate other projects with exactly that aim (there are many experiments, as her post notes, but not many with “take overliberate the world” vision or resources; meanwhile there is a massive ecosystem churning out and funding attempts to take over the world new proprietary products). Perhaps it will be to build something which helps non-profits leverage the extended potential of the small donor model, in a way that maximizes public good. Most likely, something not designed to confirm my biases. ☺ But, many others should do just that!

Flow ∨ incentive 2013 anthology winner

Thursday, August 29th, 2013
Anthology Future of Copyright 2.0 cover

The Futureof Copyright 2.0 contest has a winner, published with 8 other top entries. Read the anthology PDF/EPUB/MOBI ebook, listen to an audiobook version created by me reading each entry (for the purposes of judging) on sight aloud, or individual entries linked below in my review.

A Penny for Your Thoughts by Talllama is the winner, unanimously selected by the jury. It’s a fun transposition of exactly today’s copyright and debates (including wild mischaracterization) into a future with mind uploading. Quotes:

“My mom and dad would get upset at me.” He sent her a copy of his anxiety.
“Well my dad says copyright is stupid,” Helen said, sending back an emotion that was pitying yet vaguely contemptuous. “He says anyone who won’t pirate is a dummy.”
Timothy scowled at her. “My dad says that piracy is stealing.”
“My dad and I have trillions of books and thoughts, so we know better than you,” Helen said.

“You see, Timothy,” his father continued, “If people didn’t have an incentive to think or dream, they wouldn’t. And then no one would have any new thoughts. Everyone would stop thinking because there wouldn’t be any money in it.”
“But you said people had thoughts in 1920 even though there was no copyright.”
“Yes, you’re right. What I mean is that there were no professional thinkers in those days.”
“It would be bad if people stopped thinking,” Timothy said.

Lucy’s Irrevocable, Colossal, Terrible Mistake by Chris Sakkas tells a story in which releasing stuff under a free license has amazing results. Unfortunately free licenses aren’t magic, and it isn’t clear to me what the story says about the future of copyright. Quote:

An alternative bookshop in Sussex, on the other side of the world to Lucy, created a video ad with her favourite song as its backing track. The ad ended with a thanks to Lucy for releasing her music under a free, libre and open licence and a hyperlink. Hundreds more people visited her site, the passive consumers of big business! They used the donate button on her site to spray her with filthy lucre.

Perfect Memory by Jacinto Dávila describes a world of 2089 mediated by perfect memory of all non-intimate events and voting for assignment of credit; copyright plays what role in such future? Quote:

[Socio-mathematics] was also the source of an unprecedented and fundamental agreement. All the stakeholders of the world came, after many unfortunate and even bloody events, to negotiate a new framework for producing and sharing common knowledge. And the basis they found was that to preserve freedom, but also the health of the whole planet and its species, that knowledge had to be shared, easily and readily, among all the stakeholders.

That led to a rebuttal of so-called intellectual property and copyright laws and their replacement with a body of global law acknowledging our common heritage, codependent future and the fundamental right of knowledge everyone has.

Copyrights in Chopin’s future by Krzysztof Blachnicki (English translation by Wojciech Pędzich) has Chopin resurrected in 2015 through unspecified but expensive means, then exploited by and escaping from the current recording industry. A fun idea, but ultimately a stereotypical anti-recording-industry rant. Quote:

I hope that more people will have their own opinions instead of listening to the hissing of those snakes, sucking money out of artists to pay off their new automobiles. Wake up, folks, a good musician will earn his daily bread even if he decides to let his music go for free, for all to share. A poor man will be able to listen to real music, while a wealthy man will make the artist’s effort worthwhile. Isn’t it all about just that? Each may benefit, except the music companies which become redundant, so they turn to lies in order to keep themselves afloat.

What is an author? by refined quotes is a story in which all legal ideas are closely regulated and bland, “old art” outlawed so people consume new, legal stuff, the good stuff and real artists are underground, and with an additional twist that ideas take animal form. Quote:

You see? An artist is a little like an art producer. But he deals with the genuine ideas, as you see. He doesn’t buy them, like the law says he should. He just comes to places like this and spends his time with them. It’s a slow process. No one knows why precisely, but this crazy little ideas are in love with him, well, with all the artists.

The Ambiguous Future of Copyright by HOT TOCO is a snarky take on where copyright and computing are headed, presumably meaning to project ambiguous reception of Ubuntu/Canonical ten years into the future. Quote:

Friend2: “If I can extract info from this rant, I think Commonible, Ltd, is saying they’ve perfected trusted computing, fully protecting you from hacking and making ALL media available, fully compensating all value chains.”

Friend3 (quiet one): “I read about sth like this, Project Xanaxu. Real old stuff. The inventor thought the Web failed to transclude micropayments.”

500 Years of Copyright Law by Holovision embeds current copyright factoids in description of future eras. I can’t tell what its “Copynorm Exchange Decentralization Entente (CEDE)” regime consists of, but maybe that is also a current copyright factoid: someone reading a pamphlet describing copyright and mentioning a few acronyms (eg TRIPs) would not have much sense of the regime. Quote:

Attempts to put digital rights management into 3D printers were sooner or later unsuccessful against hardware hackers. There were open sourced 3D printers but many perceived them to be inferior to the commercially patented ones. When the commercial 3D printers were used to make other printers most companies left the marketplace. This left many still infringing the 3D printers with the excuse that the printers became “abandonware”.

Copyright Protest Song by Tom Konecki doesn’t seem to say anything about the future, but does capture various bits of complaint about the current regime. Quote:

Everybody wants only money and success
And none remembers the idea of open-access
To acquire knowledge and gather information
That is now the object of companies’ manipulation.

Copyright – Real Vision or fantastic vision? by Arkadiusz Janusz (English translation by Kuba Kwiatkowski) contains a proposal of the type “metadata and tracking will get everyone paid” explained in a parent-child lecture. Quote:

The file doesn’t contain a price, only points. In other words, the price is quoted in points. A point has a different monetary value for every country. Here, the minimum wage is about 1000 dollars. We divide the minimum wage by one thousand and receive the amount value of 1 point. If you download a movie, the server checks in which country you are, and converts the points into the appropriate price.

That’s why in our times, pirates are at on the verge of extinction. Most frequently, they’re maniacs or followers of some strange ideologies.

You can also read my review of last year’s future of copyright contest anthology, which links to each selection. This year’s selections are notably less dystopian and take less of a position on what the future of copyright ought be.

I enjoyed judging this year’s contest, and hope it and any future iterations achieve much greater visibility. Current copyright debates seem to me to have an incredibly short-term focus, which can’t be for the good when changes which have supposedly produced the current debate are only speeding up. Additionally, and my one complaint about the contest other than lack of fame, is that “copyright” is a deeply suboptimal frame for thinking about its, and our, future. I will try to address this point directly soon, but some of it can be read from my contest entry of last year (other forms of info regulation with different policy goals being much more pertinent than quibbling over the appropriateness of the word “copyright”).

You may see an embedded player for the audiobook version read by me below. Some of the durations shown may be incorrect; the winner, A Penny for Your Thoughts, is actually slightly less than 15 minutes long. Sadly the player obscures the browser context menu and doesn’t provide a way to increase playback rate, so first, a default HTML5 player loaded with only the winner:

Exit skype loyalty

Thursday, July 18th, 2013

Why Doesn’t Skype Include Stronger Protections Against Eavesdropping?

At the EFF blog Seth Schoen speculates that Microsoft could be under continuous secret court orders which could possibly be interpreted to not allow it to add privacy protecting features to Skype. Maybe, but this can’t explain why Skype did not protect users prior to acquisition by Microsoft.

Schoen’s post closes with (emphasis in original):

That’s certainly not the case today, legally or technically—today, different kinds of calls offer drastically different levels of privacy and security. On some mobile networks, calls aren’t encrypted at all and hence are even broadcast over the air. Some Internet calls are encrypted in a way that protects users against some kinds of interception and not others. Some calls are encrypted with tools that include privacy and security features that Skype is lacking. Users deserve to understand exactly how the communications technologies they use do or don’t protect them. If Microsoft has reasons to think this situation is going to change, we need to know what those reasons are.

I’ll throw out some definite reasons users aren’t getting the protection and information deserved (secret court orders may be additional reasons):

  • Features have costs (engineering, UX, support); why should a developer bother with any feature when:
  • Few users have expressed demand for such features through either exit or voice;
  • Advocates who believe users deserve protection and information have failed to adequately increase actual user and policy demand for such;
  • Advocates and would-be providers of tools giving users what they deserve have failed to adequately deliver (especially to market! few users know about these tools) such.

In short Skype has not protected users or informed them about lack of protection because they face near zero threat (regulatory or competitive product) which would interest them in doing so.

EFF is doing as well and as much as any entity at generally informing users who probably already care a little bit (they’re reached by the EFF’s messages) and a whole lot more deserving of support. Keep that voice up but please always include exit instructions. Name “tools that include privacy and security features”; I see a screenshot of Pidgin in the EFF post, give them some love! Or better, Jitsi, the most feasible complete Skype replacement for all platforms. Otherwise your good efforts will be swamped by Skype user loyaltynetwork effect lockin.

Related argument: Realize Document Freedom Day; on topic: Free, open, secure and convenient communications: Can we finally replace Skype, Viber, Twitter and Facebook?