Post Peeves

Patent reform, parts deficient in commons

Friday, April 18th, 2014

A Five Part Plan for Patent Reform (pdf) by Charles Duan, Director of Patent Reform at Public Knowledge, is simultaneously good and deficient:

  1. Notes theoretical and observed problems with monopoly incentive story underlying patents, mixed empirical results, regulatory cause of strong positive results in one field (pharma), layers of abuse surrounding core in implementation, the existence of many non-monopoly incentives for innovation, conflicts between these and patents … and yet fundamentally accepts the noble origin role of monopoly incentives in protecting apple pie and correlation with some inventions — nevermind causality or counterfactual. Compare text “certainly many inventions through history, such as the light bulb, the airplane, and the photocopier, were invented by small inventors and protected by patents” and its citation (footnote 7, The Myth of the Sole Inventor)!
  2. Discusses commons (Open Innovation Communities) as evidence, and substantially better than typical writing doing so, as at least a concept of pro-commons reform is included: “One task for patent reform, then, is to consider adjustments to the patent system that better accommodate these alternate incentives for innovation. The goal of such adjustments is to better encourage these inventors incentivized by factors other than patents, and to ensure that patents do not stand in the way of those inventors.” As usual, commons regimes carved out of property defaults are mentioned (specifically GPL and DPL), but not as prototypes for default policy. Also, “it is important for these decisionmakers to reach out to inventing communities, even those that do not file for patents, and it is important for those communities to reach out to the Patent Office and other decisionmakers.” I think this also holds for “IP scholars” (which of course ought re-imagine themselves as commons scholars) and OIC participants/commoners — let’s talk about what concrete reforms would favor actually existing commons, and put those on the scholarly and policy agendas. A recent idea directly concerning patents that ought start down that long road, but many pertinent reforms may be indirect, favoring commons in other ways so as to change the knowledge economy which eventually determines what interests dominate.
  3. Innovation is assumed the top goal of policy, tempered only by conflict among incentives to innovate, and need to rein in unscrupulous behavior. No mention of freedom and almost none of equality (Joseph Stiglitz is quoted: “The alternative of awarding prizes would be more efficient and more equitable”), let alone as goals which trump innovation.

These three good/deficient pairs are endemic in intellectual property-focused discourse, e.g., see my recent reviews of IP in a World Without Scarcity and Copyright and Inequality — one of the reasons the latter is so great is that places equality firmly on the agenda.

A few other notes on A Five Part Plan for Patent Reform:

  • It’s not a plan, rather an exploration of “five key areas in which the patent system is ripe for reform.” The word plan doesn’t even appear in the text. Well worth reading, but don’t expect to find an actionable plan with five parts.
  • Notes that patent trolls existed in the 1800s (individual farmers were bullied to pay royalties for farm implements covered by patents), which is good (too often current discourse assumes intellectual property worked just fine until recently, with conflict caused by changing technology rather than by power and rent seeking), but then: “Analogously, as discussed above, farm technology was widely used in the nineteenth century, and patents on farm technology were hotly contested. Patents on those farm tools were effectively abolished. But that fix to the patent system did not prevent the software patent problems faced today—it ultimately was a Band-Aid rather than a cure. The same would be true of eliminating software patents. The fundamental issue is that the technologies of tomorrow are unknown, so targeting patent reform to one specific field of technology means that the same problems will only arise again in a different technological sector.” Sure, only abolishing all patents is sufficient, but this analogy seriously undersells the benefit of abolishing software patents: agriculture then was in relative decline of importance in the face of industrialization. Now, software is ascendant, and any technology of tomorrow that matters will involve software.
  • Focuses on FRAND (fair, reasonable and non-discriminatory) licensing for standards. But RF (royalty free) licensing is required for any standard in which commons-based projects are first class participants (e.g., free/open source software and codec patents). No doubt unscrupulous behavior around FRAND and standards is a problem, but the solution is RF for standards.
  • From the Public Knowledge site, reading the paper requires first supplying an email address to a third party (gumroad). Annoying, but on par with PK’s newsletter practices (one of the many favoring tracking users at cost of usefulness to users). Better, the paper is released under CC-BY-SA, so I uploaded a copy to the Internet Archive. Best, Duan has published the paper’s LaTeX source.

A plan for a plan to accelerate clarity on “NonCommercial” by 100%

Tuesday, April 1st, 2014

After 11+ years, 4 major license suite versions, focused research, and movement education campaigns, Creative Commons achieved a quantum increase in the clarity of the definition of NonCommercial as used in some of (CC-BY-ND does not) its semicommons licenses:

not primarily intended for or directed towards commercial advantage or private monetary compensation.

In the next 11+ years, Creative Commons can improve this performance by precisely 100% — remove two more words from the definition. Nobody knows which words yet: discovery will take years of versioning, research, outreach, collaboration with NonCommercial definition reusers, and perhaps a party. The result, even if not intended to change the substantive meaning of the definition, will bring an unprecedented level of clarity to NonCommercial. We can only look forward to but not yet imagine the next one.

Counter-donate in support of marriage equality and other Mozilla-related notes

Saturday, March 29th, 2014

I’m a huge fan of Mozilla and think their work translates directly into more human rights and equality. So like many other people, I find it pretty disturbing that their new CEO, Brendan Eich, donated US$1000 in support of banning same sex marriage. True, this is scrutiny beyond which most organizations’ leaders would receive, and Mozilla in deed seems to have excellent support for LGBT employees, endorsed by Eich, and works to make all welcome in the Mozilla community. But I think Evan Prodromou put it well:

If you lead an organization dedicated to human rights, you need to be a defender of human rights.

Maybe Eich will change his mind. Perhaps he believes an ancient text attributed to an ultra powerful being commands him to oppose same sex marriage. Believers have come around to support all kinds of liberal values and practices in spite of such texts. Perhaps he considers marriage an illegitimate institution and would prefer equality arrive through resetting marriage to civil unions for all, or something more radical. I can comprehend this position, but it isn’t happening this generation, and is no excuse for delaying what equality can be gained now.

Freedom to Marry logoIn the meantime one thing that Mozilla supporters might do to counter Eich’s support for banning same sex marriage, short of demanding he step down (my suspicion is that apart from this he’s the best person for the job; given what the mobile industry is, someone from there would likely be a threat to the Mozilla mission) is to “match” it in kind, with counter-donations to organizations supporting equal rights for LGBT people.

Freedom to Marry seems to be the most directly counter to Eich’s donation, so that’s what I donated to. The Human Rights Campaign is probably the largest organization. There are many more in the U.S. and around the world. Perhaps Eich could counter his own donation with one to an organization working on more basic rights where homosexuality is criminalized (of course once that is taken care of, they’ll demand the right to marry too).

Other Mozilla-related notes that I may otherwise never get around to blogging:

  • Ads in new tabs (“directory tiles”) have the potential to be very good. More resources for Mozilla would be good, “diversification” or not. Mozilla’s pro-user stance ought make their design and sales push advertisers in the direction of signaling trustworthiness, and away from the premature optimization of door-to-door sales. They should hire Don Marti, or at least read his blog. But the announcement of ads in new tabs was needlessly unclear.
  • Persona/BrowserID is brilliant, and with wide adoption would make the web a better place and further the open web. I’m disappointed Mozilla never built it into Firefox, and has stopped paying for development, handing it over to the community. But I still hold out some hope. Mozilla will continue to provide infrastructure indefinitely. Thunderbird seems to have done OK as a community development/Mozilla infrastructure project. And the problem still needs to be solved!
  • Contrary to just about everyone’s opinions it seems, I don’t think Mozilla’s revenue being overwhelmingly from Google is a threat, a paradox, or ironic. The default search setting would be valuable without Google. Just not nearly as valuable, because Google is much better at search and search ads than its nearest competitors. Mozilla has demonstrated with FirefoxOS that they’re willing to compete directly with Google in a hugely valuable market (mobile operating systems, against Android). I have zero inside knowledge, but I’d bet that Mozilla would jump at the chance to compete with Google on search or ads, if they came upon an approach which could reasonably be expected to be superior to Google’s offerings in some significant ways (to repeat, unlike Google’s nearest search and ads competitors today). Of course Mozilla is working on an ads product (first item), leveraging Firefox real estate rather than starting two more enormous projects (search and search ads; FirefoxOS must be enough for now).
  • The world needs a safe systems programming language. There have been and are many efforts, but Mozilla-developed Rust seems to have by far the most promise. Go Rust!
  • Li Gong of Mozilla Taiwan and Mozilla China was announced as Mozilla’s new COO at the same time Eich was made CEO. I don’t think this has been widely noted. My friend Jon Phillips has been telling me for years that Li Gong is the up and coming power. I guess that’s right.

I’m going to continue to use Firefox as my main browser, I’ll probably get a FirefoxOS phone soon, and I hope Mozilla makes billions with ads in new tabs. As I wrote this post Mozilla announced it supports marriage equality as an organization (even if the CEO doesn’t). Still, make your counter-donation.

Innovation Policy in a World With Less Scarcity

Friday, March 28th, 2014

Mark Lemley‘s new paper IP in a World Without Scarcity provides good overviews of the case “that on the Internet, we increasingly get creativity in spite of, rather than because of, IP law” — the exclusivity incentive for creation story, if it were ever true, is drowning in non-exclusive creativity, and theories that distribution and revelation also require an exclusivity incentive also seem quaint given the Internet — and of 3D printing, general purpose robotics, and synthetic biology, which “share two essential characteristics with the Internet: they radically reduce the cost of production and distribution of things, and they separate the informational content of those things (the design) from their manufacture.” Thus, Lemley argues, economics and policy need increasingly to grapple with an end to scarcity, IP will be increasingly important, and we can draw lessons from the Internet about how this all will and should play out.

The paper is a quick read at 55 double-spaced pages. I recommend it to anyone interested in near future technology and policy. The paper’s final sentence:

Thinking about such questions has been the province of science fiction authors, but understanding what a post-scarcity economy will look like is the great task of economics for the next century.

Lemley cites two SF books very familiar to many readers: Down and Out in the Magic Kingdom by Cory Doctorow (my positive review) and The Diamond Age: Or, A Young Lady’s Illustrated Primer by Neal Stephenson, which just a few days ago I exploited in a private communication: “…the primer is an interactive learning notebook which adapts as the owner learns, informing a generation of geeks’ vision of education and development. Such tools are increasingly feasible. Will all humans have full access to, and ability to participate in the development of such tools? Only if they are developed in the commons, which will only happen with intentional action.” That’s probably a good segue into my disagreements with and additional idiosyncratic observations about IP in a World Without Scarcity.

By IP, Lemley means intellectual property: mostly copyright, patent, trademark. That has been and will be increasingly a terrible frame for thinking about policy. It gives away the farmfuture to owners of the past, who, as Lemley notes “will fight the death of scarcity” as they have fought the Internet — with more criminalization, more lawsuits, more attempts to fundamentally alter technologies in order to protect their rents. This seems rather suboptimal given that we know the theory upon which IP rests is largely bunk. The alternative, assuming we still only wish to maximize innovation, is to make innovation policy the frame. This makes turning the enclosure dial up or down a sideshow, and pulls in non-enclosure incentives and a host of more indirect and probably much more important determinants of innovation, e.g., education and governance.

The paper provides a couple reasons for focusing on the enclosure version of IP (Lemley doesn’t need any reason; he’s an IP scholar, and though I wish such people would reconceptualize themselves as commons scholars, I have no expectation; in any case the “reasons” are my reading). First, the framing isn’t as harmful as I made it out to be, because IP owners’ fight against the Internet “didn’t work. Copyright infringement remains rampant” and against other democratizing technologies, “IP owners will (probably) lose that fight.” But winning isn’t binary, nor is the continued existence of rampant copyright infringement a good indicator.

Given that network effects are highly relevant for many kinds of knowledge products — a tool or experience is much more valuable if other people can be expected to know it — a significant level of piracy can be profit-maximizing for an IP rent collector. Better indicators might be the collapse of profits from IP rents (the movie industry continues to grow, and while the recorded music industry has declined from its peak, this is nothing like an icehouse collapse, and many other IP rent sectors continue to grow) and the displacement of IP rent collectors as the marketers the dominant knowledge products of the age by other entities better adapted to a world in which fighting against the Internet doesn’t work (the mass and high-status markets are dominated by IP rent collectors in nearly all fields, exceptions being encyclopedias and certain kinds of infrastructure software). These might be minor, highly debatable (maybe the music industry will soon recommence a full collapse, be joined by movies, both displaced by crowdfunding and crowdmarketing; I doubt it given the properties controlled by IP rent collectors and other entities’ unchanged desperation to cut unfavorable deals with them) quibbles, if the IP owners’ “losing” fight against the Internet hadn’t significantly damaged the Internet.

But the Internet has been damaged by the IP owners’ fight. Absent an academic characterization of how significant that damage is (which I would love to read), here are some of the ways:

  • Chilling effect on P2P research, result: more centralization;
  • Services police user content; expensive, barrier to entry, result: more centralization, near monopoly platforms;
  • Services cut rare and unfavorable deals with IP owners, result: same;
  • Innovative services fail to cut deals, or sustainable deals, with IP owners, result: less innovation, more Internet as TV;
  • Monopoly abets monopoly; creates opportunities for bundling monopolies, result: threat to net neutrality;
  • Copyright-based censorship provides cover for all kinds of political censorship, result: political censors have additional justification, doing what Hollywood does;
  • All of above centralization and monopoly makes dominant entities a target for compromise, result: mass surveillance and non-state cybercrime abetted;
  • Our imagination and expectation of what the Internet makes possible is diminished, result: DRM TV and radio and silos organized for spying are seen as the norm, information organized for public benefit such as Wikipedia, unusual; this flipping of democratic hopes for the Internet, a partial AOL scenario, is collateral damage from the IP owners’ war on the Internet.

Similar damage will be done to the potential of new technologies with Internet-like characteristics (in addition to those discussed in the paper, others add the Internet of Things, distributed energy generation, and educational technologies, e.g., Jeremy Rifkin in his new book The Zero Marginal Cost Society, which I plan to review soon) by incumbents. This makes Lemley’s policy recommendations seem overly tentative and timid:

[It] is hard to translate this skepticism into immediate policy prescriptions, both because the whole point is that the need for IP will be sensitive to individual industry characteristics and because the technologies I am discussing are still in their infancy [...] “we should resist the tendency to expand IP reflexively to meet every new technological challenge” [...] “IP owners should not be allowed to reach beyond suing infringers and seek to shut down or modify the technology itself” [...] “IP law needs to make it easier for creators to opt out of the IP regime.”

IP rent collectors will not hold off protecting their interests pending idealized analysis of more fully developed technologies. The damage they do will be built into another generation of technology and society, with IP scholars and activists left to worry that policy is contrary to evidence and to take rearguard actions to protect the level of openness they’ve become accustomed to, but fail to imagine what would have been possible had the stranglehold of IP rent collectors been broken. Just like the Internet today. I’ll come back to less timid and more proactive policy response in a bit.

Second reason for focus on the enclosure version of IP, the usual — big budget movies (and regulated pharma, mentioned earlier in the paper):

There is still a role for IP on the Internet. There are some works that are so costly to create even in the digital world that they are unlikely to be made without effective IP protection. Big-budget movies and video games cost hundreds of millions of dollars to make. No amount of creative fire will drive someone who doesn’t have hundreds of millions of dollars to make Peter Jackson’s Lord of the Rings trilogy. They need corporate backing, and the corporate backers need a revenue stream. But in the Internet era those works are increasingly the the exception, not the rule.

My usual response — we should allow enclosure of our freedom, equality, and the democratic potential of the Internet in order to ensure an ongoing supply of spectacle provided in the same way it has for decades? Spectacle over freedom, really? Of course the “reason” is far more pessimal than that, as the cost of producing and distributing spectacle is going down fast, as is the cost of coordinating distributed patrons who want product, not rent collection. Further, because culture is also so dominated by network effects, we’ll all love whatever spectacle is produced, whether it took 15 or 500 months of work per minute of spectacle. It’s not as insane to contemplate threatening liberal values in order to get new drugs as it is to get new movies — but then considering non-enclosure mechanisms for developing and evaluating new drugs, and the issues of access and equality are more pressing…

More Lemley:

IP is essentially a form of government regulation. The government restricts entry into the market, or alternatively controls the price at which that entry can occur, in order to serve valuable social ends. But regulation is not a moral entitlement or something that we must take for granted. In the past, government regulated all sorts of industries – railroads, trucking, electric power, gas, telephones – because it could not see given the economics of those industries how a free market could produce socially optimal results. But in a surprising number of cases, when we deregulated those industries we found that the market could indeed find a way to supply goods we thought would be provided only with government rule-making. IP is no different in this respect than any other form of regulation. Regulation as a whole shouldn’t disappear, but regulation of particular industries often turns out to be a reflexive response to a failure of imagination, something we do because we have done it for so long that we cannot imagine how a market in that industry could function without it.

This is certainly superior to the rights/owner/property characterization inherent in IP — it recasts “owners” as beneficiaries of regulation — and I think implicitly makes the case for switching one’s frame from intellectual property to innovation policy. That leads us to what the goal of “innovation policy” regulation ought be, and sufficiently proactive policies to achieve that. Should the goal be to maximize “innovation”, “creativity”, the “progress of science and useful arts”, or the like? It would be a huge improvement to sideline enclosure as the primary mechanism and retain the same top objective. But even that improvement would be short sighted, given how systematically innovation policy regulation has and will increasingly shape society. A success of imagination would be to make freedom and equality the top objectives of and constraints on innovation policy, and only then maximize innovation. The innovations generated by a free and equal society are the ones I want. Others are to be gawked at with dismay and guilt.

On proactive policies required, in brief the are pro-commons policies, and I return to Benkler:

Regulators concerned with fostering innovation may better direct their efforts toward providing the institutional tools that would help thousands of people to collaborate without appropriating their joint product, making the information they produce freely available rather than spending their efforts to increase the scope and sophistication of the mechanisms for private appropriation of this public good as they now do.

That we cannot fully understand a phenomenon does not mean that it does not exist. That a seemingly growing phenomenon refuses to fit our longstanding perceptions of how people behave and how economic growth occurs counsels closer attention, not studied indifference and ignorance. Commons-based peer production presents a fascinating phenomenon that could allow us to tap substantially underutilized reserves of human creative effort. It is of central importance that we not squelch peer production, but that we create the institutional conditions needed for it to flourish.

Which implies that commons scholarship ought displace intellectual property scholarship (except as a historical investigation of commons malgovernance).

I realize that I haven’t provided any specific pro-commons policy recommendations in this post, nevermind any that are especially pertinent in a world with less scarcity. I’m deeply skeptical that lower, different costs substantially change innovation policy or knowledge commons arguments — the same ones have recurred since at least the 1800s — and am extremely doubtful that the usual assumption that digital networks fundamentally change desirable policy (or here, that further technologies with digital network like characterizations further change desirable policy) is true or non-harmful — these assumptions give away (legitimize) the past to those who now use it to control the future. Some short term and narrow but valuable pro-commons policy suggestions arising from the Wikimedia movement; the free software movement offers other suggestions, if we take some of its practices as prototypes for regulation enforced by mechanisms other than copyright holder whim, more powerful and better aligned with its claims of software freedom as a human right.

A few final quotes from Lemley’s IP in a World Without Scarcity, first two from footnotes:

The challenge posed to copyright by collective production sites like Wikipedia is not just one of the need for incentives. Collective production challenges the whole concept of authorship.

Indeed, and as I keep repeating effective product competition from the commons (such as Wikipedia) re-imagines 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 is possible that creators create in hopes of being one of the few superstars whose work is actually rewarded by copyright law. It is well known that people systematically overvalue the prospect of a large but unlikely reward; that’s why they buy lottery tickets. Some scholars have suggested that the same effect may be at work in IP. But if so, the incentive on which we rely is, as Kretschmer puts it, “based on a systematic cognitive mistake.” In effect, we are coaxing works out of these creators by lying to them about their chances of getting paid.

This has long struck me as being the case. The question is then (in addition to considerations above), do we really want a culture dominated by fools and sell-outs?

A world without scarcity requires a major rethinking of economics, much as the decline of the agrarian economy did in the 19th century. How will our economy function in a world in which most of the things we produce are cheap or free? We have lived with scarcity for so long that it is hard even to begin to think about the transition to a post-scarcity economy. IP has allowed us to cling to scarcity as an organizing principle in a world that no longer demands it. But it will no more prevent the transition than agricultural price supports kept us all farmers. We need a post-scarcity economics, one that accepts rather than resists the new opportunities technology will offer us. Developing that economics is the great task of the 21st century.

But we should aim for much better than the travesty of developed country agricultural policy (even before considering its baneful intersection with IP) as the legacy of this transition! But the consequences of continued capture of innovation policy have the potential to be far worse. Even if few are employed in information industries, there is no transition on the way to displace arranging information as the dominant mode of the economy (however measured; previous modes being hunting/gathering, agriculture, and industry); if the mode is largely controlled by rent collectors, the result could be a very unfree and unequal society — perhaps on the order of pre-industrial agricultural societies.

Document marketing freedom 0.1

Wednesday, March 26th, 2014

Yesterday (emphasis added):

Microsoft’s DOS-based version of Word, first released in 1983, was not a success against the dominant word processor of that era, WordPerfect. The 1989 release of Word for Windows changed all that: within four years it was generating over half the worldwide word processing market revenue. It was a remarkable marketing and engineering achievement. We are today revealing the technical magic by releasing the source code to version 1.1a of Word for Windows.

Today (March 26) is Document Freedom Day, promoting open standards. I’m all for open standards, particularly as a matter of policy at all levels, and hats off to DFD for any increased awareness of the rationale for open standards and demand for open standards that result from DFD activities. But non-open formats’ domination of word processing and many other fields is not due to advocacy of closed standards, and I doubt generic advocacy of open formats will lead to the liberation of word processing or any other field.

Individuals and organizations adopt specific software. There’s lots of remarkable engineering behind specific programs which implement open standards. Remarkable marketing (broadly construed — any sales or adoption effort) of such programs? It should be no surprise that free/open products (this applies to much more than software) in almost all mass markets remain marginal — the result of failure to compete with proprietary/closed vendors on marketing (previously stated).

In my DFD post last year I called out LibreOffice and Jitsi as open standard implementing programs needing promotion. Each has made lots of engineering progress in the past year. Please let me know if I’ve missed corresponding marketing progress. (This is not a criticism of either project. I’m sure they’d each love marketing help. LibreOffice does have some community marketing efforts.)

Granted, remarkable marketing of free/open products might be as different from marketing of proprietary/closed products as engineering/provisioning of same can be different, and public policy advocacy might be a disproportionate part of remarkable free/open marketing. But lack of direct competition in the non-policy market seems to make free/open policy advocacy much harder — anyone can see when an abstract policy mandating some form of open concretely means adopting software or some other product that few people are already using (consider how much value of software and other knowledge products is driven by network effects) — a tough sell.

Producing Open Source Software (2005) gathers lots of wisdom and a 2nd edition is due this year. I suspect we’re at about 1995 for a hypothetical Marketing Open Source Software (and other open stuff) — not much wisdom to gather, and lots of doubt about whether out-marketing proprietary/closed vendors is even feasible.

Hazard Records 015

Tuesday, March 25th, 2014

Hazard Records 002 cover with no copyright notice

Barcelona-based avant/improv/appropriation/noise CD-R and now netlabel Hazard Records celebrates its 15th anniversary today (March 25). All of their releases are dedicated to the public domain (recent ones using CC0; for the trivia-oriented, note their pre-CC “no rights reserved” in the cover image above). I’ve been a dedicated listener since not long after they started uploading to the Internet Archive in 2004, 76 albums as of now, with one more each of the next four weeks coming in celebration of the anniversary. My top 4 easy listening recommendations…

Anton Ignorant – S/S Magick For Abused Speakers [HR017] (meditative noise)

Breuss Arrizabalaga Quintet – Nfamoudou-Boudougou [HR038] (free jazz)

Joan Bagés i Rubí – Miscel.lània Sonora [HR053] (avant miscellany)

XMARX – Unhazardous Songs [HR060] (rock ‘n’ ‘ropriation)

Unfortunately many Hazard Records albums on the Internet Archive don’t have embedded artist/album/title metadata in the ogg/mp3/flac downloads; this being one of the main motivations behind my wishlist for that site. But nobody downloads anymore and the Internet Archive has a passable (for now, if you’re not totally expecting uninterrupted play across pages that newer sites support) embedded player, used in this post and on the site. Listen, enjoy, and share…links.

Bonus recommendation:

Musica Veneno – Whole Lotta Love Story [HR015] (intra-label appropriation)

Happy 15 Hazardous years! I’m looking forward to the next 80 records.

Empathy for the Gooseberry

Sunday, March 23rd, 2014

You’ve almost certainly seen at least snippets of the Blender Foundation’s four short animated films Elephants Dream (2006), Big Buck Bunny (2008), Sintel (2010) and Tears of Steel (2012; my blog post riffing on a memorable scene) — because they’re high quality and freely licensed for any use (CC-BY) they’re frequently used in demos.

Now Blender Foundation (who primarily make the free software Blender 3D modeling, animation, video editing, and more program; they use open movie projects to push the software forward) is working on a feature-length animated film, Gooseberry, which would mark a new milestone (Sita Sings the Blues will surely remain the best feature length free film of any sort, but was made with non-free software and is 2D).

They have an ambitious crowdfunding goal of €500,000 to support the project. I pledged and hope you’ll join me. A few interesting bits from the campaign FAQ:

What quality can we expect? Like, compared to Sintel, or a Pixar movie?

As magic number for budget calculations, I use the “Months of work per minute of film”. This is including writing, coders, art, production.

For Big Buck Bunny that was 6. For Sintel it was 10. For Gooseberry we daringly want to go to 15 even. For a Disney or Pixar film, this number is easily 300 to 500. Go figure! But our film will be better than Sintel or BBB for sure.

What is this “exploitation window”

Even though everything will be free/open source, we will reserve for the final movie (renders, final edit, grade) a short period of exploitation. That ‘window’ is 3 months, starting at the official premiere (our own, or on film festival). Film distributors can pay us for the exclusive rights to show the film in theaters during that period. Or TV stations, or Netflix! After that, all gates go open and we release it as CC-BY for everyone.

I can’t complain about the non-free “exploitation window”, as there’s zero infrastructure for marketing and distributing free-as-in-freedom films; in the short term, the window might get the film to a wider audience and thus build its cultural relevance and value as a free film after the window. The existence of free and culturally relevant films will be a huge help to any eventual such marketing and distribution infrastructure, so best of luck to the Gooseberry team in all respects.

There’s another short made with Blender in progress called Wires For Empathy:

A 3D animated short film based in free/libre software, Tube is also a new experiment in distributed collaboration. It plays on the ancient Gilgamesh poem, in a variant of the hero’s progress that becomes the animation’s own frames.

The trailer looks great:

Sympathy for the Strawberry is not one of my favorite Sonic Youth tracks, but the above titles made me think of it. I would heavily contribute to a crowdfunded free-as-in-freedom album by a reunited band sans Thurston Moore, call it Free Sonic Youth. Which part (free or Thurston-free) is most unlikely?

Most email newsletters are spam, file accordingly

Friday, March 21st, 2014

Bare URLs are useful, for example:

  • they give users some idea of where a click will take them,
  • allow the browser to indicate to the user whether they’ve already gone there and otherwise act as agent in user’s interest,
  • allow the user to bookmark for later use without visiting first (and have the bookmark be intelligible, due to first item), and
  • help the user to copy and share link without looking like an inconsiderate fool or spammer, passing along above benefits.

When all of the links in a newsletter are opaque redirects, such as…

http://intelligence.us5.list-manage.com/track/click?u=fffffffffffffffffffffffff&id=ffffffffff&e=ffffffffff

http://cts.vresp.com/c/?Orgname/ffffffffff/ffffffffff/fffffffff/utm_content=2014-03-13%2006%3A49%3A30&utm_source=VerticalResponse&utm_medium=Email&utm_term=Bait%20Headline&utm_campaign=Campaign%20Title

http://r20.rs6.net/tn.jsp?f=FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF-FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF-FFFFFFFFFFFFFFFFFFFF==&c=FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF-FF==&ch=FFFFFFFFFFFFFFFFFFFFFFFFF–FFFFFFFFFFFFFF-FFFFFFFFFFFF==

…we know that the sending organization…

  • cares more about tracking the reader than providing useful information to the reader, and
  • probably [wants to] waste the reader’s money, assuming the reader is a [potential] customer or donor, expending staff and stakeholder time on presenting and reviewing facile and misleading click metrics rather than doing a better job.

…you might not want to unsubscribe, because you might want information from the partially stupid organization sending such inconsiderate email newsletters. But do tell them to be considerate, and in the meantime, file accordingly.

Unlock federated MediaGoblin hosting revolution game

Saturday, March 1st, 2014

About 16 months after raising $42k to feed the programmers (my post about that campaign), the MediaGoblin team is asking again, with promised features dependent on the total amount raised.

I’m pretty excited about three features. First, at $35k:

Federation: Connect and share with friends and family even if you’re on different MediaGoblin sites! We’ll be adding federation support via the Pump API.

Mostly because this would be a boost to the so far disappointing and fractured federated social web.

Second:

[UNLOCK] Premium hosting reward! If we hit 60k, we’ll add a new reward option: premium hosting!

Doesn’t federation make hosting superfluous? Everyone should run their own server, right? No, those are extremely delusional or elitist claims. I don’t want to run my own server, nor do 7 billion others. Federation (preferably in conjunction with free software, data and identifier portability) enables interoperation and competition among individual-, community-, and commercially-run services. At this stage there seem to be very significant economies of scale (inclusive of marketing!) in running servers. Hopefully someone (the developers would be natural) will realize the necessity of mass hosting of federated services for federation to win.

Third:

[statement] After watching the new MediaGoblin video, i want to play their video game.

[response] I’ve joked about putting a goblin video game as a 500k feature unlock

Here I just wanted to point out how much of MediaGoblin lead developer Christopher Webber’s personality and vision is in the campaign video, assets, and overall scheme. That vision goes pretty far beyond federated media hosting. Free games and art are part of it. But a MediaGoblin game would be a great marketing tie-in solely for the goal of promoting MediaGoblin. I hope this happens; $500k this campaign would be great, but under other circumstances if not.

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