Post Intellectual Protectionism

Paying to create

Thursday, January 25th, 2007

Lucas Gonze writes the musician industry has never been better, citing a LA Times story:

While the U.S. recording industry continues to slide […], the other side of the music world businesses catering to those who create the music has nearly doubled over the last decade to become a $7.5-billion industry.

My emphasis. Read Gonze’s explanation of the ellipsis.

This highlights how backwards it is to cripple technology and law, ostensibly to ensure creators can get paid — creators eagerly pay to create.

Another quote from the article:

“We are looking at the first creative generation,” Henry Juszkiewicz, co-owner of Gibson Guitars, said last week as he was surrounded by instruments in his firm’s display room at the convention, which ended Sunday. “The cost of creative tools has gone down. And now you have the ability to share with other people your creation. These two fundamental, solid changes are allowing the younger generation to be actively creative.”

The NAMM musical industry group, which sponsored the convention, contracts with the Gallup Organization for a poll every three years. The most recent found that the number of instrument players ages 18 to 34 grew from 24% in 1997 to 32% in 2006.

It also found that last year about half of American households had at least one person who owned a musical instrument, up from 43% in 1997.

Note what the Gibson Guitars guy did not say — that people are buying more instruments in hopes of making money.

Beneficial brain drain enhanced by weak intellectual protectionism

Friday, January 19th, 2007

Modern research on “” indicates it is mostly beneficial, which comports with my intuition, repeated here:

Over the long term I’d bet brains are not zero sum — a brain drain really just means increased returns to education. Mobility means more people in the developing world will pursue higher education. Add to that increased flow of knowledge and capital to the developing world from migrants and concern over “brain drain” sounds very much like yet another disingenuous excuse for keeping the current system of inter-jurisdiction apartheid in place.

The International Migration of Knowledge Workers: When Is Brain Drain Beneficial? highlights another way brain drain benefits all. Abstract (emphasis added):

We consider the welfare effects of the emigration of workers who produce a public good (knowledge). We distinguish between the knowledge diversion and knowledge creation effects of such emigration, and show that the remaining residents of a country can gain from emigration, even when tastes for knowledge goods exhibit a kind of ‘home bias’. In contrast to existing models of beneficial brain drain (BBD), our results do not require agglomeration economies, education-related externalities, remittances, return migration, or an emigration “lottery”. Instead, they are driven purely by the public nature of knowledge goods, combined with differences in market size that induce greater knowledge creation by emigrants abroad than at home. BBD is even more likely in the presence of weak sending-country intellectual property rights (IPRs), or when source country IPR policy is endogenized.

Very cool.

Via Katherine Mangu-Ward.

Worse than crippleware

Saturday, January 13th, 2007

Last post I went along with a NYT article (and apparently recent court case) in describing Digital Restrictions Management as . Bad call on my part.

Traditionally crippleware is free and its aim is to get you to buy a non-crippled version. With DRM you pay for crippled media and its aim to ensure the media stays crippled. Is there any widely deployed DRM that offers to turn itself off completely for the right price?

Perhaps a better term, if not from the customer’s perspective then that of certain businesses, is suicideware. Case in point, Windows Vista. I was reminded of this when Boing Boing just pointed (again) to A Cost Analysis of Windows Vista Content Protection, the “executive executive summary” of which is “The Vista Content Protection specification could very well constitute the longest suicide note in history.”

From the aforementioned customer’s perspective, traditional suicideware is just temporally crippled-ware. For a software business, perhaps suicideware (I’m making this up) is that which forgets who the customers are, tempting the gods of randomness. Rouletteware? Deathwishware?

iHandcuffs for primitives

Saturday, January 13th, 2007

Via Luis Villa, tomorrow’s New York Times has a decent article headlined Want an iPhone? Beware the iHandcuffs. The article title is right (Villa’s summary is a better description, if not a better headline: “iTunes and DRM hurts perfectly innocent customers, fails to stop piracy, and reduces competition”), but it leads off wrong:

like its slimmer iPod siblings, the iPhone’s music-playing function will be limited by factory-installed “crippleware.”

Wrong, the objects of lust can play any MP3 file that is not itself crippled. The (the handcuffs to avoid) is not factory-installed, but purchased from the — tracks crippled by DRM.

Perhaps (the media player and ITunes Store browser), some version of which I assume is factory-installed on the , is perhaps more akin to . Not the type that takes over your computer without your knowledge, but the type that presents you with many opportunities to download and perhaps pay for software and porn that will cripple your computer. It’s a fine line.

The NYT article has a great closing:

IN the long view, Mr. Goldberg said he believes that today’s copy-protection battles will prove short-lived. Eventually, perhaps in 5 or 10 years, he predicts, all portable players will have wireless broadband capability and will provide direct access, anytime, anywhere, to every song ever released for a low monthly subscription fee.

It’s a prediction that has a high probability of realization because such a system is already found in South Korea, where three million subscribers enjoy direct, wireless access to a virtually limitless music catalog for only $5 a month. He noted, however, that music companies in South Korea did not agree to such a radically different business model until sales of physical CDs had collapsed.

Pointing to South Korea, where copy protection has disappeared, Mr. Goldberg invoked the pithy aphorism attributed to the author William Gibson: “The future is here; it’s just not widely distributed yet.”

I’m skeptical that the emphasized (by me) portion above is not exaggerated, though I’ll grant that South Korea is probably some years ahead of music businesses in the U.S. and other places similarly primitive in this respect, which may undergo a transition similar to South Korea’s. But we can also look to markets that started from a very different place, e.g., China.

We could beneficially spend more time looking for examples that may be ahead of the pack or simply different, and not just in the music business.

Embrace the public domain

Sunday, November 26th, 2006

Peter Saint-André published his promised essay Who’s Afraid of the Public Domain?. It’s fairly short and covers a fair amount of ground. I highly recommend it. Two of my favorite paragraphs:

Yet the public domain is nothing to fear. The works of Homer, Sophocles, Confucius, Plato, Aristotle, Dante, Shakespeare, Galileo, Newton, Bach, Beethoven, and other creative giants are all in the public domain. Their works are revered, not reviled. Sure, the fact that the Fifth Symphony is in the public domain enabled Chuck Berry to write “Roll Over Beethoven”; but far from defiling Beethoven’s good name, Berry’s song indicates the level of respect that we still have for Beethoven’s works. I bet you’d love it for your works to be similarly known and respected two hundred years from now (what creative individual wouldn’t?).

Because of that corporate influence over the copyright laws (at least in America), you face a choice: accept that your works will never pass into the public domain, or willingly place them there. You can place your works into the public domain immediately (as I have done) or specify in your will that your works shall pass into the public domain upon your death. I find it simpler to place my works in the public domain as soon as I publish them, but only you can decide the best course of action for your own works.

I would add that if you don’t make an effort to free your works, they will disappear, and your creative legacy with them.

One item of fear, uncertainty and doubt spread about the public domain (that would have been out of scope for Saint-André’s essay to address) is that it may not be possible legally to affirmatively place a work into the public domain (see Wikipedia:Granting work into the public domain for some discussion), especially outside the U.S. jurisdiction.

I believe wikipedians attempt to work around this with statements like the one currently in Template:Userpd (emphasis added):

I, the author, hereby agree to waive all claim of copyright (economic and moral) in all content contributed by me, the user, and immediately place any and all contributions by me into the public domain; I grant anyone the right to use my work for any purpose, without any conditions, to be changed or destroyed in any manner whatsoever without any attribution or notice to the creator.

Or one of many specialized “public domain or release all rights legally possible” templates like this one:

This image really is in the Public domain as its author has released it into the public domain. If this is not possible, the author grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

I have no idea what a court would make of these, but presumably someone has or will inform the Wikipedia community if they are bogus.

If you aren’t ready to fully embrace the public domain, Creative Commons offers several gradations of partial measures (as well as a form to help you dedicate work to the public domain).

Check out all of Saint-André’s posts about the public domain and digg his essay.

The disgusting Mr. Linksvayer

Wednesday, November 1st, 2006

It’s been mildly amusing watching reactions in the blogosphere to yesterday’s NYT article on calorie restrction that used me as an example.

A “beauty editor” says:

He’s practically emaciated (6 feet tall and 135 lbs) but he looks like he’s 16!

Both wild overstatements, though this reminds me — is there an age guessing site on the web, a la ?

A “fitness journalist” writes:

“Holy shit! That guy looks like he’s about to drop over dead!” You might guess that he has some kind of muscle-wasting disease. I know the angle of the photo isn’t flattering to a tall, long-limbed man, but perhaps the fact he’s sitting is appropriate. Honestly, he doesn’t look strong enough to stand.

And others like this. Yes, I can stand up, and so much more!

I did not realize how many bloggers copy and paste entire articles and call it a post. There are lots of them, not counting obvious spam blogs.

On the other side, CR blogger Mary Robinson has a reasonable critique:

I did not like Linksayer’s meals as an example. They are nice enough, but reinforce the stereotype that CR food is weird food. The text made it sound like he does not eat the same thing at all as the pictured food – he seems to eat a pretty normal regimen. So why show fermented soy for breakfast? My Fiber One and vegetable juice would have been less weird. Some yogurt and an orange would have been even better. I would like to have seen some fish in there for one meal. Maybe chicken at the other.

With a little more forethought I might have tried to prepare more mainstream meals. In my little bubble world, natto is normal. Regarding yogurt, fish, and chicken, I don’t eat them. I emphasized to the reporter many times that most people attempting CR are not vegan. If I had anything re-impressed on me from this article, it is that only a tiny bit of information can be squeezed into a news article.

The most satisfying blog commentary comes from Karen DeCoster:

Here is a photo of the disgusting Mr. Linksvayer:

He’s more frail than blown glass, has a very stooped posture, and his body parts are not in proportion. In fact, upon seeing him, you immediately notice that he has taken on the physical appearance of one who suffers from mental retardation – which is typical for malnourished adults.

2,100 calories? That average day does not even approach 2,100 calories – you can do the math. This man is eating between 500-900 calories per day, that is, on the days that he does not starve himself fast.

I can see where DeCoster might get those numbers from the pictures, but as I mentioned in an earlier post, they leave out dessert and multiple servings of lunch and dinner.

But more than enough about me. DeCoster’s main argument:

First, a restricted calorie diet eats up gobs of human muscle, reduces metabolism, kills energy, destroys hair and skin and nails, numbs brain function, and depletes necessary nutrition to dangerously low levels. Only these pro-starvation crackpots would possibly claim that people on these nutbag diets can still get adequate vitamins, minerals, and overall nutrition. They claim that breaking down your body is, in essence, really “building it up” for the long run. Then, of course, we come to the call for government intervention in the aging process:

There would be some truth to this if one were to sharply restrict calories on a standard amurrican diet, or worse. This is just malnutrition. There’s a reason “we” (people practicing CR) do CRAN (CR with Adequate Nutrition) and aim for CRON (with Optimal Nutrition). In fact CR people get far more vitamins and minerals than the average person. As for destruction of hair, nails, brain, etc., nothing could be further from the truth. Aging breaks down the body. CR doesn’t build anyting up, it slows down the destruction, not least by nearly eliminating risk for major killers and disabilities like cancer, cardiovascular disease, diabetes, and alzheimer’s.

My suggestion to DeCoster is to do a bit of research and to follow Fight Aging for awhile. She’ll even appreciate that blog’s general skepticism of the usefulness of government funding, for example:

While in general I’m all for raising public awareness of any plasticity of the human lifespan, we’ve all seen the objections to the Longevity Dividend; it is unambitious and slow, setting the bar so low that the target gains will probably happen anyway. It is the sort of lowest common denominator big tent approach that gets politicians to spend tax dollars on inefficient ways forward while ignoring the real possibilities of doing far better.

I am particularly amused that DeCoster wrote on LewRockwell.com. I used to have a love/hate relationship with this and its sister site, Mises.org. Trenchant and extreme anti-war and anti-government commentary, including against intellectual protectionism. But the occasional Christian apologia, pro-apartheid writers, and general nuts really put me off. Then there’s the despicable Hoppe. Fortunately I am able to no longer care. There are many substitutes on the topics those sites were good on, and I am mostly convinced by Bryan Caplan on Austrian economics that the school does not just appear to be an ignorable backwater, it is. Part of Caplan’s conclusion reminds me yet again of the perils of meta:

Neoclassical economists go too far by purging meta-economics almost entirely, but there is certainly a reason to be suspicious of scholars who talk about economics without ever doing it.

To bring this ramble to a close, doing CR is definitely not meta.

Update 20061102: Cool, Reason too, with attitude and not much information. Others, at least check out the and learn how to use the NYT link generator before posting. You’ll look a bit less stupid.

Copyright turns us into technology idiots

Saturday, October 28th, 2006

Or do copyright enforcement technologies attract people who would be kooks anyway?

Obvious case in point: DRM.

Now this from Paul Hoffert, apparently associated with “Noank Media”, commenting on Rob Kaye’s blog:

The Noank counting system is unique. We count usage by ALL players. Players can be time-based, such as iTunes, Windows Media, open source, our own Noank player, or your own favorite. They can be Microsoft Word, Acrobat Reader, Photoshop, or any other application program. The Noank client reports consumption of all content within our catalog on Windows, Mac, Unix, or recent cell phone devices.

Rob’s response is too polite:

This is nothing but empty hand-waving, I’m sorry. If you were to hire me to implement this system, I would have to politely tell you that this is impossible. I could not code such a thing and I have over a decade of client application programming experience. Please do elaborate on how you’re going to do this. If you’ve solved this I assume that you’ve already filed for some patents, right? What are your patent application numbers? I’d like to look up these exciting details — this is got to be amazing stuff you’re working on!

To which Hoffert responds:

Our tracking system is operational now and we are scaling it for large numbers of users.

Uh huh.

Voluntary collective licensing may have a role to play but I’m afraid I’m going to have to completely write off “Noank Media” before they even have a website.

Copyright mania hass the side effect of reducing perpetual motion research, who knew?

Addendum 20061031: Lucas Gonze writes that collective licensing will never happen. I think I buy his argument:

Users and businesses are moving away from filesharing networks and to the web, where DMCA safe harbor allows many disputes to be resolved peacefully. User-created content has become a substantial part of the media ecosystem over the last few years, and it doesn’t need collective licensing to exist.

Update 20071126: Noank does have a website now and a how it works page that leaves out lots of details but is not implausible. When more details are available I hope to post a retraction. Hoffert’s language was just too easy to make fun of, and that urge turned me into a technology idiot!

Defeatist dreaming

Sunday, October 22nd, 2006

Jimmy Wales of Wikipedia says to dream a little:

Imagine there existed a budget of $100 million to purchase copyrights to be made available under a free license. What would you like to see purchased and released under a free license?

I was recently asked this question by someone who is potentially in a position to make this happen, and he wanted to know what we need, what we dream of, that we can’t accomplish on our own, or that we would expect to take a long time to accomplish on our own.

One shouldn’t look a gift horse in the mouth and this could do a great deal of good, particularly if the conditions “can’t accomplish on our own…” are stringently adhered to.

However, this is a blog and I’m going to complain.

Don’t fork over money to the copyright industry! This is defeatist and exhibits static world thinking.

$100 million could fund a huge amount of new free content, free software, free infrastructure and supporting institutions, begetting more of the same.

But if I were a donor with $100 million to give I’d try really hard to quantify my goals and predict the most impactful spending toward those goals. I’ll just repeat a paragraph from last December 30, Outsourcing charity … to Wikipedia:

Wikipedia chief considers taking ads (via Boing Boing) says that at current traffic levels, Wikipedia could generate hundreds of millions of dollars a year by running ads. There are strong objections to running ads from the community, but that is a staggering number for a tiny nonprofit, an annual amount that would be surpassed only by the wealthiest foundations. It could fund a staggering Wikimedia Foundation bureaucracy, or it could fund additional free knowledge projects. Wikipedia founder Jimmy Wales has asked what will be free. Would an annual hundred million dollar budget increase the odds of those predictions? One way to find out before actually trying.

Via Boing Boing via /.

AOL of yore : web browser :: iTunes : Songbird

Thursday, October 19th, 2006

Someone mentioned to me today that if the web were like you could only connect to msn.com, which reminded me of speculation that earlier aggressive intellectual protectionism online could have led to a proprietary cul de sac in online services. In that post I said without explanation that aggressive protectionism is being allowed to kill or stunt online music.

People have been noting for awhile that protectionism enabled iTunes’ dominance, or as Techdirt put it “How The Recording Industry’s Obsession On DRM Made Apple So Powerful.”

iTunes’ dominant lock-in will end soon enough, that is unless we get some additional very bad copyright rulings and laws.

A nice quote that brings the general web and online music analogy full circle is this from Ross Karchner commenting on Songbird:

It’s like taking iTunes, ripping out the music store, and replacing it with the rest of the internet.

I’ll take the rest of the internet.

Check out the just released Songbird 0.2, which despite the low version number I find very usable.

Addendum 20061020: Ironically for me the company behind Songbird is called Pioneers of the Inevitable.

Scientology of sharing

Tuesday, October 17th, 2006

Last month I watched , a scientology docudrama, after hearing about it on Boing Boing. It is a pretty well done and low key film, considering the nuttiness of scientology.

Copyright is one of the weapons scientology uses to hide the hilarious absurdity of its beliefs, so it is no surprise that The Bridge has has been taken down (at least some of the copies) from YouTube, Google, and the Internet Archive.

I remember that it was published to the Archive under a Creative Commons Attribution-NonCommercial-NoDerivs license. Sadly http://www.archive.org/details/BrettHanoverTheBridge is not in the Wayback Machine nor WebCite, so I can’t demonstrate this. If I am correct, the filmmaker has no cause to stop non-commercial distribution, as CC licenses are irrevocable.

If you can’t find the film on the lightnet fire up a filesharing client (I recommend ) and click on the below to start your P2P search and download.

Scientology-The_Bridge.mp4