Post Free Speech

SanFran MusicTech Summit

Monday, February 25th, 2008

At today’s very well produced SanFran MusicTech Summit on a panel called “The Paradise of Infinite Storage” said that the existence of a recording industry protected by copyright is a very recent phenomenon and conjectured that one could take the position that all of the music created to this point is enough. I don’t recall whether he spelled it out, but the implication being that all music should be available for free and we shouldn’t worry about the creation of more music.

This really upset someone in the audience who identified themselves as representing songwriters for decades. This person righteously stipulated that music has value, musicians must be paid, and that if recording copyright is recent, so was the abolition of slavery. It is really he didn’t make reference to Nazis instead of slavery. Hmm, they did use slave labor.

Unfortunately Godwin said he did not agree with the conjecture and agreed with the vacuous statement that music has value (duh, consumers spend valuable time listening to music). But if the conjecture is not plainly correct, it is at least extremely weighty. Given that a vast amount of music exists and much more will be created regardless of protection, any harms done (e.g. to free speech and innovation) in the name of incentivizing marginal additions to this vast supply must be viewed with extreme skepticism.

There are basically two perspectives in the ‘Music and Technology‘ conversation. One’s priority is to ensure copyright holders are paid, with a strong preference for protecting existing revenue streams, and the other’s priority is to build cool stuff with new technology. Both were present in every part of this conference that I saw.

Probably the most significant example of the latter present was Lucas Gonze demoing the Yahoo! Media Player, which does a great job of playing media linked on a web page, with nice affordances for that environment.

Wikileaks flows

Saturday, January 26th, 2008

A year ago I mentioned Wikileaks, with some skepticism:

Wikileaks, currently vapor, may be a joke. If Wikileaks is not a joke and if it successfully exposes a large number of secrets, I’d find it hilarious to see this happening on a public website and without financial incentives. P2P, digital cash, information markets, and crypto anarchy? Nope, just a wiki and a communinty.

With each new item I read about Wikileaks, usually via Slashdot, my skepticism wanes and hilarity waxes. Bully for Wikileaks, the Wikileaks community, dissidents and transparency worldwide.

Read the and Wikileaks:About on Wikileaks, available securely and via many front domains.

Of course Wikileaks is blocked in China, which gives them some cred in my opinion (but note the measurement described in that post doesn’t seem to work anymore — from within the U.S. it appears google.com and google.cn now give identical results).

In one recent item cited on Slashdot, a copyright claim is being used to attempt to censor Wikileaks. How unsurprising.

Piracy subverts censorship

Thursday, January 3rd, 2008

Copyright is and enables censorship. Lack of copyright enforcement enables free speech. Philip J. Cunningham writes:

I was browsing for DVDs on a cold winter afternoon in one of Beijing’s finer bootleg shops when I came upon three boxed sets of DVDs critical of communism. One of the pirated sets, produced by Turkish presenter Harun Yahya, promised to detail the horrors of communism from an Islamic perspective, another by an American producer chronicled the uncomfortably bloody rise of modern China and the third contained Tiananmen footage from BBC TV News. Presumably the DVD pirates were in it for the money, but were they also unwittingly making China a freer place?

The underground network and commercial resourcefulness of the pirates makes it technically possible for startling and truthful images to be sold more or less in the open in a less-than-open-society. In that sense, lax enforcement of intellectual copyright may inadvertently engender a kind of information freedom and even allow for the infiltration of revolutionary ideas.

If so, then the copyright zealots, mostly big US companies, with profit first and foremost on the mind, come down firmly on the side of information control and in that sense side firmly with the Beijing authorities. Subversive access of the sort I had just tapped into would dry up if US anti-piracy efforts were successful.

Read all of Banned and Bootlegged in Beijing.

This is why intellectual freedom is a crucial part of constructive engagement.

Via Against Monopoly.

No Law (celebrate!)

Tuesday, January 1st, 2008

I just learned that today is — but unfortunately that Wikipedia link merely redirects to the article.

I have little to offer but past postings on the public domain.

Here’s to expanding the size and scope of the realm beyond lawsuit, regulation, and taxation!

Patri Friedman’s basic views on copyright and patents

Tuesday, December 25th, 2007

Patri Friedman just posted a nice essay concerning his basic views on copyright and patents, which I’ll summarize as “Policy should aim for economic efficiency …”:

So an economically optimal regime would have different rules for different industries, protecting some but not others, based on their exactly supply/demand curves.

“… but don’t forget about enforcement costs.”:

But really, it doesn’t matter. There is just no fucking way that IP protection is worth the police state it would take to enforce it. And unenforced/unenforceable laws poison society by teaching people not to respect the law.

This leads more or less to my understanding of the sentiment, something like “There’s nothing wrong with copyright per se, but any civil liberties infringement in the name of copyright protection is totally unacceptable.”

I recommend Friedman’s essay, but of course the reason I write is to complain … about the second half of the essay’s last sentence:

Therefore I favor accepting the inevitable as soon as possible, so that we can find new ways to compensate content producers.

This closing both gives comfort to producerists (but in the beginning of the essay Friedman says that people love to create — I agree, see paying to create — and Tom W. Bell has a separate argument that should result in less concern for producers that I’ve been meaning to blog about, but should be obvious from the title — Outgrowing Copyright: The Effect of Market Size on Copyright Policy) and is a stretch — copyright might make alternatives less pressing and interesting, but it certainly does not prevent experimentation.

While I’m complaining, enforcement costs aren’t the only often forgotten problem.

Go Antigua!!!

Saturday, December 22nd, 2007

The dispute between the U.S. and Antigua jurisdictions over the former’s is one of the most interesting happenings of the past few years. I’ve been meaning to write about it for about that long but haven’t had much more to say than what you see in the post title. Antigua correctly sees the U.S. as restraining trade and has obtained favorable rulings at the World Trade Organization.

(actually the jurisdiction of ) is seeking the right to suspend enforcement of U.S. copyrights as an alternative remedy. Unfortunately this sounds way more interesting than it is, except possibly for its precedent. The latest ruling only allows the suspension of US$21 million worth of intellectual protectionist obligations, a trivial amount that will itself be subject to radically different interpretations considering how difficult and arbitrary the valuation of nonrival goods can be (the RIAA’s ridiculous valuation of shared audio files is exactly a case in point). Even had Antigua’s request for US$3.44 billion not been cut down by about 99.4% the result would have been largely academic.

I have sub-golf level interest in horse racing, poker, or other gaming-oriented gambling activities. So why is this case so interesting? There is or David vs. Goliath aspect, but mostly I really want to see U.S. gambling prohibitions go down in flames, both because they are a tool for arbitrary censorship and control in much the same way copyright is and because they are a barrier to use of .

The world will route around this U.S. stupidity, but at great loss, not least to Americans.

The major political issue of today?

Tuesday, December 4th, 2007

The incredibly productive Kragen Sitaker, in Exegesis of “Re: [FoRK] Calling [redacted] and all the ships at sea.”:

The major political issue of today [0] is that music distribution companies based on obsolete physical-media-distribution models (“record labels”) are trying to force owners of new distribution mechanisms, mostly built on the internet, to pay them for the privilege of competing with them; the musical group “The Grateful Dead” used to permit their fans to distribute their music by making copies of taped performances, and most of the money the Dead made came from these performances; it is traditional for performances not to send any revenue to the record label. Long compares the record labels to buggy-whip manufacturers, who are the standard historical symbol for companies who went out of business because of technological change.

This clearly relates to the passage the footnote is attached to, which is about the parallel between Adam Smith’s economic “invisible hand” and the somewhat more visible hand that wrote the king’s doom on the wall in Daniel; in this case, the invisible hand has written the doom of the record companies on the wall, and their tears will not wash out a word of it. What this has to do with Huckleberry Finn’s prohibition on seeking symbolism or morals in the book, I don’t know, although clearly Huckleberry Finn’s prohibition relates to mortals hiding messages in texts.

[0] Yes, this means I think this is more important than the struggle over energy, or the International Criminal Court, or global warming, or nuclear proliferation — the issue is whether people should be permitted to control the machines they use to communicate with one another, in short, whether private ownership of 21st-century printing presses should be permitted. (Sorry my politics intrude into this message, but I thought “the major political issue of today” required some justification, but needs to be there to explain the context to people reading this message who don’t know about it.)

That will probably seem a pretty incredible claim, but I often agree, and think Sitaker understates the case. Music distribution companies are only one of the forces for control and censorship. The long term issue is bigger than whether private ownership of 21st-century printing presses should be permitted. The issue is whether individuals of the later 21st-century will have self-ownership.

Steps toward better software and content

Saturday, December 1st, 2007

The Wikimedia Foundation board has passed a resolution that is a step toward Wikipedia migrating to the Creative Commons Attribution-ShareAlike license. I have an uninteresting interest in this due to working at Creative Commons (I do not represent them on this blog), but as someone who wants to see free knowledge “win” and achieve revolutionary impact, I declare this an important step forward. The current fragmentation of the universe of free content along the lines of legally incompatible but similar in spirit licenses delays and endangers the point at which that universe reaches critical mass — when any given project decides to use a copyleft license merely because then being able to include content from the free copyleft universe makes that decision make sense. This has worked fairly well in the software world with the GPL as the copyleft license.

Copyleft was and is a great hack, and useful in many cases. But practically it is a major barrier to collaboration in some contexts and politically it is still based on censorship. So I’m always extremely pleased by any expansion of the public domain. There could hardly be a more welcome expansion than ‘s release of his code (most notably ) into the public domain. Most of the practical benefit (including his code in free software distributions) could have been achieved by released under any free software license, including the GPL. But politically, check out this two minute video of Bernstein pointing out some of the problems of copyright and announcing that his code is in the public domain.

Bernstein (usually referred to as ‘djb’) also recently doubled the reward for finding a security hole in qmail to US$1,000. I highly recommend his Some thoughts on security after ten years of qmail 1.0, also available as something approximating slides (also see an interesting discussion of the paper on cap-talk).

Copyright is always government intervention

Monday, September 10th, 2007

Like the acknowledgement of copyright as censorship on the Google Policy Blog a few months ago, William Patry’s Copyright is always Government Intervention is too nice to pass up, though Patry is only criticizing copyright maximalists’ selective accusation of government intervention and the Google Policy Blog said that copyright is a justifiable reason for censorship.

Speaking of copyright as a tool for censorship, Techdirt points out that the Russian government is cracking down on software piracy — by dissidents.

Copyright as censorship

Saturday, June 23rd, 2007

Google Public Policy Blog on Censorship as trade barrier:

Some forms of censorship are entirely justifiable: the worldwide prohibitions on child pornography and copyright infringement, for example.

Yes it is called justified here, but copyright is too seldom called censorship, regardless of how obvious that is.

Others, however, are overbroad and unwarranted. When a government blocks the entire YouTube service due to a handful of user-generated videos that violate local sensibilities –- despite our willingness to IP-block illegal videos from that country –- it affects us as a non-tariff trade barrier.

I have mixed feelings about this. On one hand, adding classes of trade barriers simply provides an excuse for “retaliatory” protectionism. Autonomous liberalization does the most good, and I suspect that’s as true of free speech as any other area. On the other hand, this is great to the extent free speech is actually promoted, either as intended or by crowding out pro-censorship (strong copyright) from the U.S. trade negotiation agenda.