Archive for the ‘Intellectual Protectionism’ Category

A Splendid Exchange: How Trade Shaped the World

Saturday, December 26th, 2009

’s A Splendid Exchange: How Trade Shaped the World as the name implies is an engaging history of long-distance trade from the dawn of history.

The book points out that jurisdictions and other actors throughout history have chosen among trading, raiding, and protection.

By my reading, raiding in the form of piracy and literal trade war was a substantial part of the mix everywhere — and reached its pinnacle among and by the Portuguese, Spanish, Dutch, and English — until bulk goods with many sources came to dominate shipping in the 1800s. Spices that only grew in or the flyspeck were the opposite — subject to piracy, monopolization, and taxation along narrow routes and chokepoints. I have temporarily increased my consumption of the now pedestrian seeming cinnamon, mace, nutmeg, and black pepper — only available to the very wealthy in well connected cities for most of history. Raiding in the form of conquering and plundering seems even more important and persistent, e.g. the and WWII and its aftermath.

Speaking of the scramble for Africa, this book points out many times the importance of disease in shaping history. As another book I read recently more forcefully pointed out, the scramble did not occur until the easy availability of anti-malarials — before the late 1800s, European death rates in tropical Africa were too high to sustain more than fortified trading posts. Bernstein even makes the fairly astounding claim that death rates were higher for European crew of slave ships than for the African slaves the ships transported.

The civlilization-destroying blow to the New World dealt by Old World diseases (and resulting relatively unopposed European colonization of the New World) is well known, but Bernstein speculates that disease may have also given Europeans an advantage versus the Islamic world, India, and China as well. The evidence is scantier, but the Black Death may have hit those regions even harder than it hit Europe, rendering them relatively weak at the dawn of European world-wide raiding and trading. 700 years earlier sealed the long-term decline of the Byzantine Empire and created an opening for the explosion of Islam.

The last few chapters are somewhat drier reading, perhaps mostly due to familiarity. Overall Bernstein makes the case that increased wealth and decreased transport costs have swamped any political changes in their impact on long-distance trade and that trade’s measurable impact on static well being is swamped by less tangible building of relationships and transfer of knowledge that accompanies trade, and that free traders imperil free trade to the extent they ignore those who lose from trade — paying off losers would be preferable to protecting them, for world-wide trade is net positive, and the alternative risks a spiral of trade wars leading to real wars.

By the way, Bernstein doesn’t mention intellectual property at all, now a staple of trade negotiations, apart from a single passing mention of a trademark applied to Danish hog and dairy products.

Speaking some of the truth to power suits

Saturday, February 7th, 2009

Mike Masnick posted video of a pretty good lecture on successful “music” business models based on the success of Nine Inch Nails’ Ghosts I-IV and other efforts. Earlier today I praised the lecture on the Creative Commons blog.

At the end of the video Masnick says that copyright isn’t even necessary for the model he describes (capture above), and that hearing this upsets people.

But this begs the question of whether any “business model” is necessary for music at all.

My other complaint (and I’m almost as guilty as anyone) is a near total failure to look at obvious examples slightly outside the contemporary first world milieu (i.e., the past, future, and much of the present world). This is a general unrelenting complaint, not directed at Masnick’s 15 minutes in front of an industry conference!

No more oversupply of crappy sellout music

Saturday, January 17th, 2009

Megan McArdle, supposed econoblogger, dashes off a lame bit of producerist claptrap, ludicrously titled The end of property:

I will be more convinced when I see an actual increase in the number of quality musicians who don’t have to supplement their art with a job delivering pizza.

Commenter Chris O. delivers the right correction:

The measure of success is not how many people are delivering pizza, but if the music listener is getting good music.

So this is one of the correct metrics, and there’s plenty of reason to think there’s zero problem with supply. Commenter Nathan provides the obvious reason:

Because the reality is, if there are enough people who fit that description, and if even 1 out of 1000, or 1 out of 10000 makes stuff that is at least interesting – and if there are appropriate communities for sorting and rating the stuff – then there really isn’t a natural market for buying recordings of many kinds of music. Right? This is the reality of the market, the thing that blogs have made perfectly clear – there are a lot more people talented and skilled at certain tasks than your instincts would tell you, and it’s always a bad idea to try to make lots of money in a space where people love what they do and are willing to work for nearly nothing

Read subsequent comments for more in that vein.

A little less obviously, see Tom W. Bell’s Outgrowing Copyright: The Effect of Market Size on Copyright Policy.

Somewhat oddly (to me), Keith Kahn-Harris, a “sociologist and the convener of New Jewish Thought” makes a whole lot more sense, and takes the argument further, writing In praise of part-time musicians in the Guardian:

Yet my argument is not that participation in capitalist society compromises musical excellence, but that participation in capitalist society can support musical excellence provided that musicians earn a living away from music. Yes, I am writing in praise of the “day job”.

Via Bodó Balázs.

Regarding the title of this post, no I am not optimistic, regardless of policy.

CC6+

Wednesday, December 17th, 2008

December 16 marked six years since the release of the first Creative Commons licenses. Most of the celebrations around the world have already taken place or are going on right now, though San Francisco’s is on December 18. (For CC history before 2002-12-16, see video of a panel recorded a few days ago featuring two of CC’s founding board members and first executive director or read the book Viral Spiral, available early next year, though my favorite is this email.)

I’ve worked for CC since April, 2003, though as I say in the header of this blog, I don’t represent any organization here. However, I will use this space to ask for your support of my and others’ work at CC. We’re nearing the end of our fourth annual fall public fundraising campaign and about halfway to our goal of raising US$500,000. We really need your support — past campaigns have closed out with large corporate contributions, though one has to be less optimistic about those given the financial meltdown and widespread cutbacks. Over the longer term we need to steadily decrease reliance on large grants from visionary foundations, which still contribute the majority of our funding.

Sadly I have nothing to satisfy a futarchist donor, but take my sticking around as a small indicator that investing in Creative Commons is a highly leveraged way to create a good future. A few concrete examples follow.

became a W3C Recommendation on October 14, the culmination of a 4+ year effort to integrate the Semantic Web and the Web that everyone uses. There were several important contributors, but I’m certain that it would have taken much longer (possibly never) or produced a much less useful result without CC’s leadership (our motivation was first to describe CC-licensed works on the web, but we’re also now using RDFa as infrastructure for building decoupled web applications and as part of a strategy to make all scientific research available and queryable as a giant database). For a pop version (barely mentioning any specific technology) of why making the web semantic is significant, watch Kevin Kelly on the next 5,000 days of the web.

Wikipedia seems to be on a path to migrating to using the CC BY-SA license, clearing up a major legal interoperability problem resulting from Wikipedia starting before CC launched, when there was no really appropriate license for the project. The GNU FDL, which is now Wikipedia’s (and most other Wikimedia Foundation Projects’) primary license, and CC BY-SA are both copyleft licenses (altered works must be published under the same copyleft license, except when not restricted by copyright), and incompatible widely used copyleft licenses are kryptonite to the efficacy of copyleft. If this migration happens, it will increase the impact of Wikipedia, Creative Commons, free culture, and the larger movement for free-as-in-freedom on the world and on each other, all for the good. While this has basically been a six year effort on the part of CC, FSF, and the Wikimedia Foundation, there’s a good chance that without CC, a worse (fragmented, at least) copyleft landscape for creative works would result. Perhaps not so coincidentally, I like to point out that since CC launched, there has been negative in the creative works space, the opposite of the case in the software world.

Retroactive copyright extension cripples the public domain, but there are relatively unexplored options for increasing the effective size of the public domain — instruments to increase certainty and findability of works in the public domain, to enable works not in the public domain to be effectively as close as possible, and to keep facts in the public domain. CC is pursuing all three projects, worldwide. I don’t think any other organization is placed to tackle all of these thorny problems comprehensively. The public domain is not only tremendously important for culture and science, but the only aesthetically pleasing concept in the realm of intellectual protectionism (because it isn’t) — sorry, copyleft and other public licensing concepts are just necessary hacks. (I already said I’m giving my opinion here, right?)

CC is doing much more, but the above are a few examples where it is fairly easy to see its delta. CC’s Science Commons and ccLearn divisions provide several more.

I would see CC as a wild success if all it ever accomplished was to provide a counterexample to be used by those who fight against efforts to cripple digital technologies in the interest of protecting ice delivery jobs, because such crippling harms science and education (against these massive drivers of human improvement, it’s hard to care about marginal cultural production at all), but I think we’re on the way to accomplishing much more, which is rather amazing.

More abstractly, I think the role of creating “commons” (what CC does and free/open source software are examples) in nudging the future in a good direction (both discouraging bad outcomes and encouraging good ones) is horribly underappreciated. There are a bunch of angles to explore this from, a few of which I’ve sketched.

While CC has some pretty compelling and visible accomplishments, my guess is that most of the direct benefits of its projects (legal, technical, and otherwise) may be thought of in terms of lowering transaction costs. My guess is those benefits are huge, but almost never perceived. So it would be smart and good to engage in a visible transaction — contribute to CC’s annual fundraising campaign.

25 years of GNU

Tuesday, September 2nd, 2008

The turns 25 on September 27. Not much to add beyond what I wrote on the Creative Commons blog. Watch the Freedom Fry video.

I do have some meta commentary…

The video, featuring British humorist , is very British. That is, Americans might wonder if there is any humor in it at all. I’m fine with that.

It’s great that the video is posted in Ogg Theora format and works seamlessly in my browser via Cortado, and download links are provided. However, HTML to copy & paste for direct inclusion in a blog post or other web page should also be provided, as is typical for sharing video. I haven’t tried making such yet, though I should and might.

Finally, there’s a hidden jab at some in the free software movement in my CC blog post:

One of the movements and projects directly inspired by GNU is Creative Commons. We’re still learning from the free software movement. On a practical level, all servers run by Creative Commons are powered by GNU/Linux and all of the software we develop is free software.

So please join us in wishing the GNU project a happy 25th birthday by spreading a happy birthday video from comedian Stephen Fry. The video, Freedom Fry, is released under a CC Attribution-NoDerivatives license.

Emphasis added. The free culture/open content world lags the free software/open source world in many respects, one of those being an understanding of what freedoms are necessary. Some from the free software world have pushed Creative Commons to recognize that in many cases culture requires freedoms equivalent to those expected for free software/open source (that’s the first bolded link above), while some in the free software world (not necessarily the exact same people, but at least people associated with the same organizations) publish documents and videos under terms that do not grant those same freedoms (that’s the second bolded link above).

The Free Software Foundation has probably published documents under terms roughly equivalent to CC BY-ND probably before CC existed. Currently the footer of fsf.org says:

Verbatim copying and distribution of this entire article are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Does the FSF really want to reserve the right to use copyright to censor people who might publish derived versions of their texts? They probably are concerned that someone will alter their message so as to be misleading. Perhaps there was some rationale for this pre-web and pre-CC, but now there is not:

  • People can easily see canonical versions by going to fsf.org. (DNS also should obsolete much of trademark as well, but that’s for another post.)
  • CC licenses that permit derivatives include the following (see 3(b), 4(a), 4(b), and 4(c) for the actual language):
    • Licensor can specify a link to provide for attribution
    • Derivative works must state how they are altered
    • Licensor can demand that credit be removed from the derivative
    • Unfortunately, in some jurisdictions licensor could press “moral rights” to censor a derivative considered derogatory

So one can pre-clear the right to make adaptations and retain some legal mechanisms to club creators of adaptations (ordered from best practice to distasteful, according to me).

The Software Freedom Law Center does worse, publishing its website (also, see the SFLC post on 25 years of GNU) under CC BY-NC-ND. Do they really want to prohibit commercial use? SFLC (a super excellent organization, as is the FSF!) is dedicated to software freedom, but still it seems silly for them to publish non-software works under terms antithetical to the spirit of free software.

On a brighter note, the FSF is publishing promotional images for Freedom Fry under a free as in free software as applied to cultural works license (CC BY-SA), one of which has already been taken under those terms for use on Stephen Fry’s Wikipedia article. Ah, the power of free cultural works. :)

Do wish GNU a happy 25th birtday — watch and spread the video!

Does copyright incentivize creativity?

Wednesday, July 23rd, 2008

Andrew Dubber has a much linked-to post recently in which he declares that music copyright should last for five years, renewable on the condition of commercial availability. That would make a gigantic improvement over the current effectively perpetual (50-70 years depending on jurisdiction, retroactively extended as necessary). Not as gigantic, but much more tenable than the one year usufruct proposal I noted a few years ago.

It’s great to see someone who appears to be well respected in the recorded music industry providing such a radical and rational (in today’s context) proposal, but the key insight has nothing to do with the specifics of his proposal. Dubber writes (emphasis added):

Current blanket copyright terms ‘protect’ (I use that term in the sense of ‘racket’) copyright owners so that they can continue to be paid over and over again for work they did years ago. It prevents anyone else from making money out of works that have been shelved.

It does not, in any real sense, ‘incentivise creativity’.

So obvious, so completely ignored by policy.

Via Techdirt.

Copyright restriction

Sunday, July 20th, 2008

Ethan Zuckerman writes:

Under US law, pretty much anything you write down is copyrighted. Scrawl an original note on a napkin and it’s protected until 70 years after your death.

Note: None of this post should be taken as criticism of Zuckerman. I’m just using his sentence as a foil. He is a great blogger, the above is a great post of his, which furthermore talks about the great work of some of my colleagues…

In what sense is the hypothetical scrawl above “protected” by copyright? A scrawl might be protected by a glass case or digitization, or even (somewhat remotely) by secure property rights in napkins, glass cases, and computers.

No, copyright restricts the ability of others to use representations of the scrawl legally, without obtaining permission from the scrawler or a party the scrawler has transferred this right to censor to.

Which brings us to another inaccurate phrasing, which has many variations, all along the lines of “copyright is the right to … a copyrighted work” where the ellipsis are filled by words like “publish”, “distribute”, or “perform”. Not true! Copyright is not required to have the right to publish a work, or public domain works would be illegal to publish. Instead, copyright is the right to legally restrict others from publishing, distributing, performing works.

So use of the term ‘copyright protection’ (2,930,000 Google hits) instead of ‘copyright restriction’ (19,300 Google hits) is a peeve of mine and seeing copyright equated with censorship a small joy.

Free (and gratis) software vs. 25,000 cops

Sunday, July 20th, 2008

I’ve mentioned before that free software and its ilk decreases opportunity for taxation and regulation. Tim Lee wrote on the same topic a couple months ago. So I’m slightly pleased to see the argument endorsed by the Business Software Alliance, as told by Russell McOrmond (emphasis added to all quotes below):

The claims in the recent press release included the following:

Software piracy also has ripple effects in local communities.  The lost revenues to the wider group of software distributors and service providers ($11.4 billion) would have been enough to hire 54,000 high tech industry workers, while the lost state and local tax revenues ($1.7 billion) would have been enough to build 100 middle schools or 10,800 affordable housing units, or hire nearly 25,000 experienced police officers.

Of course the BSA’s concern for tax revenues is disingenuous, in a totally unsurprising fashion:

I guess any money not paid to BSA members just disappears and is not spent on other things in the economy that also involve jobs and taxes. In the real world we know that money not spent on software will more likely be spent on other things which are taxed the same — or even higher, given how BSA likes to also lobby to get software taxed at a lower rate than other products or services.

McOrmond also makes a slightly surprising claim about the BSA’s studies that I’d love to have verification of:

I know that people choosing legally lower cost software such as FLOSS are included as “piracy” in these studies. I guess my supporting FLOSS (both commercially and as an individual) could be blamed for their not being enough money to adequately equip the Canadian military in Afghanistan. I guess this makes me a terrorist sympathizer, by the BSA “logic”.

Regardless of whether FLOSS is counted as “piracy” in studies, the logic that it doesn’t directly facilitate the collection of taxes to fund military (or state schools, housing, or police) is pretty unassailable. Of course it could reduce costs and increase quality for each of these functions, as for anyone else.

Fooled by common interest

Friday, June 6th, 2008

Lew McCreary, writing on the Harvard Business Review Editors’ Blog, covers two of my favorite topics (prediction markets and nipping stupidity in the bud) with How to Kill Bad Projects:

Project owners creatively spun results for political reasons—mainly to prevent funding from being yanked. Consequently, there was a gaping disconnect between the project people down at ground level and the business leaders farther up the food chain when it came to understanding how projects were actually progressing. The leaders tended to think things were going much better than they actually were.

The problem of corrupted information flows stayed with Siegel and ultimately led him to found his current company, Inkling Markets, a software-as-service venture aimed at helping companies conduct successful prediction markets. What does a prediction market have to do with eliminating spin? Siegel sees an opportunity to produce higher quality decision support in businesses by tapping anonymous input “from people who aren’t normally asked their opinions, in samples large enough to filter out individual agendas.”

In the case of an internal prediction market, employees might be asked to weigh in anonymously (wagering a sum of token currency) on a statement like this: “The Voldemort Project will meet all of its defined performance targets by the end of 2008.”

Unfortunately, the post includes just a bit of its own stupidity (emphasis added):

While many are naturally captivated by the black-swan-finding potential of prediction markets, another sweet spot may be their use as a form of institutional lie detection—guaranteeing the integrity of internal reporting and keeping the progress of business initiatives transparent.

What the heck is he talking about? I have never heard of anyone claiming that a prediction market could find — to the contrary, a black swan is almost by definition something a prediction market will fail to signal — the knowledge does not exist to be aggregated. Chris Masse quoting Nassim Taleb:

If, as Niall Ferguson showed, war bonds did not forecast the great war, it was a Black Swan

Now prediction markets and black swans both have something to do with prediction and probability, but they’re otherwise ships passing not in the night, but on opposite sides of the globe — with one in the night.

DRM strikes me as another example of people fooled by common interest, in this case of cryptography and censorshipcopyright enforcement. Both have something to do with preventing someone from getting access to information. That doesn’t make one a tool for the other (in either direction). Of course that knowledge was distributed, but apparently not visibly in the right places, resulting in lots of bad projects.

Via Inkling.

Table selection, HSA, LugRadio, Music, Photographers, New Media

Monday, April 21st, 2008

A few observations and things learned from the last eight days.

Go to a page with a table, for example this one (sorry, semi-nsfw). Hold down the control key and select cells. How could I not have known about this!? Unfortunately, copy & paste seems to produce tab separated values in a single row even when pasting from mutliple rows in the HTML table (tried with Firefox and Epiphany). Still really useful when you only want to copy one column of a table, but if you want all of the columns, don’t hold down the control key and row boundaries get newlines as they should rather than tabs. (Thanks Asheesh.)

I feel really stupid about this one. I’ve assumed that a (US) was a spend within the year or lose your contributions arrangement, but that’s what a Flexible Spending Account is (I have no predictable medical expenses, so such an account makes no sense for me). A HSA is an investment account much like an IRA, except you can spend from it without penalty upon incurring medical expenses rather than old age. You can only contribute to a HSA while enrolled in a high deductible health insurance plan, which I’ll try to switch to next year. (Thanks Ahrash.)

I saw a few presentations at LugRadio Live USA, in addition to giving one. Miguel de Icaza’s on (content roughly corresponding to this post) and Ian Murdock’s on were both in part about software packaging. Taken together, they make a good case for open source facilitating cross polination of ideas and code across operating system platforms.

Aaron Bockover and Gabriel Burt did a presentation/demo on , showing off some cool track selection/playlist features and talking about more coming. I may have to try switching back to Banshee as my main audio player (from Rhythmbox, with occasional use of Songbird for web-heavy listening or checking on how the program is coming along). Banshee runs on Mono, and both are funded by Novell, which also (though I don’t know how their overall investment compares) has an .

John Buckman gave an entertaining talk on open source and open content (including the slide at right). My talk probably was not entertaining at all, but used the question ‘how far behind [free/open source software] is free/open culture?’ to string together selected observations about the field.

Benjamin Mako Hill did a presentation on Revealing Errors (meant both ways). I found myself wanting to be skeptical of the power of technical errors to expose political/power relationships, but I imagine the concept could use a little hype — there’s definitely something there. The talk made me more sensitive to errors in any case. For example, when I transferred funds from a money market account to checking to pay taxes, an email notice included this (emphasis in original):

Your confirmation number is 0.

Zero? Really? The transaction did go through.

Tuesday I attended the Media Web Meetup V: The Gulf Between NorCal and SoCal, is it so big?, the idea being (in this context pushed by Songbird founder Rob Lord; I presented at the first Media Web Meetup and have attended a few others) that in Northern California entrepreneurs are trying to build new services around music, nearly all stymied by protectionist copyright holders in Southern California. I really did not need to listen to yet another panel asking how the heck is the music recording distribution industry going to use technology to make money, but this was a pretty good one as those go. One of the panelists kept urging technologists to “fix [music] metadata” as if doing so were the key to enabling profit from digital music. I suppressed the urge to sound a skeptical note, as investing more in metadata is one of the least harmful things the industry might do. Not that I don’t think metadata is great or anything.


Wendy Seltzer / CC BY

Thursday evening I was on a ‘Copyright 2.0′ panel put on by the American Society of Media Photographers Northern California. I thought my photo selection for my first slide was pretty clever. No, copyright expansion is not always good for the interests of professional photographers. The other panelists and the audience were actually more open minded (both meanings) than I expected, and certainly realistic. The photographer on the panel even stated the obvious (my paraphrase from memory): new technology has allowed lots of people to explore their photographry talents who would otherwise have been unable to, and maybe some professional photographers just aren’t that good and should find other work. My main takeway from the panel is that it is very difficult for an independent photographer to successfully pursue unauthorized users in court. With the sometime exception of one, the other panelists all strongly advised photographers to avoid going to court except as a last resort, and even then, first doing a rational calculation of what the effort is likely to cost and gain. The best advice was probably to try to turn unauthorized users into clients.

Friday evening I went to San Jose to be on a panel about New Media Artists and the Law. Unlike Thursday’s panel, this one was mostly about how to use and re-use rather than how to prevent use. This (and some nostalgia) made me miss living in Silicon Valley — I lived in Sunnyvale two years (2003-2005) and San Jose (2005-2006) before moving back to San Francisco. Nothing really new came up, but I did enjoy the enthusiasm of the other panelists and the audience (as I did the previous day).

Staturday I went to Ubuntu Restaurant in Napa, which apparently does vegetable cuisine but does not market itself as vegetarian. I think that’s a good idea. The food was pretty good.

I’ve been listening to Hazard Records 59 and 60: Calida Construccio by various and Unhazardous Songs by Xmarx. Lovely Hell (mp3) from the latter is rather poppy.