Post Intellectual Protectionism

Inequality Promotion data point: Intellectual Protectionist CEO pay

Tuesday, May 7th, 2013

Confirming my biases we have For Media Moguls, Paydays That Stand Out. Media company CEOs are the highest compensated of any industry, and are far more highly compensated relative to market capitalization than any other (as has often been pointed out, media companies are a small part of the overall economy and in theory ought to just be bought out in order to end their assault on freedom of communications).

But an even higher proportion of the most compensated CEOs are dependent on intellectual protectionism than is accounted for by the media category. #1 is the CEO of Oracle, #6 is the CEO of Nike (I’m guessing that suppression of counterfeiting is significant), and would-be (due to late filing) #2 is the CEO of Activision-Blizzard, a gaming software company.

Why are IP CEOs unusually highly compensated (thus unusually contributing to inequality)? Why? The article cites concentrated ownership and weak governance of media companies (which begs another question) and concludes:

For the time being, traditional media business models are prospering and the leaders of the incumbents are fat and happy. But that might make them bigger, slower targets and in the end, easier to overtake.

I wouldn’t count on it. If you think inequality is a problem (inherently or because it leads to inequality of power, then law) then intellectual protectionism must be attacked on policy and product fronts.

A “kill hollyweb” plan

Friday, May 3rd, 2013
May 3 is the Day Against DRM (Digital Restrictions Management). Please sign the petition against DRM in the HTML5 standard. Then come back and read this post.

Recently I wrote in Why DRM in HTML5 and what to do about it:

Long term, the only way the DRM threat is going to be put to rest is for free cultural works to become culturally relevant.

I’ve complained many a time that rearguard clicktivism against bad policy is not a winning strategy — especially when such campaigns don’t also promote free-as-in-freedom software and cultural works — because as I put it one of those times:

In a world in which most software and culture are free as in freedom there would be no constituency for attacking the Internet (apart from dictatorships and militarized law enforcement of supposed democracies)

But I’m at fault too for not laying out a specific plan for making some free works culturally relevant, let alone carrying out such a plan.

OK, here’s one plan I recently mentioned offhandedly:

‘free-as-in-freedom ~netflix’
  • crowdfund minimum number of subscriptions needed to begin
  • subscriptions used to really nicely package/stream and promote free as in freedom video
  • start with 1 feature-length video selection each month (perhaps even quarter during a beta phase)
  • mix of contemporary (of which there isn’t much yet) and older public domain movies
  • limited, promoted releases concentrate subscription audience: focused increase of cultural relevance, one work at a time
  • given enough subscriptions, start funding new free videos
  • obviously videos would be DRM-free, in free formats, all software used free software, and all ancillary material also free-as-in-freedom

Good idea? Run with it, or if you’d like to subscribe or otherwise help create it in any way, fill out this 3 question survey. Bad idea, but still care? Let me know via the survey. Or mail ml@gondwanaland.com or contact user mlinksva on some other usual channel.



“Kill Hollyweb” is in part a reference to the Y Combinator Request For Startups 9: Kill Hollywood. The plan above isn’t really a Kill Hollywood plan as it isn’t about replacing movies with some other form of entertainment.

Freedom At Stake As Oracle Clings To Java API Copyrights In Google Fight

Monday, April 29th, 2013

Developer Freedom At Stake As Oracle Clings To Java API Copyrights In Google Fight (dated 2013-03-30; I failed to complete this post in one sitting and let it sit…):

Oracle lost in their attempt to protect their position using patents. They lost in their attempt to claim Google copied anything but a few lines of code. If they succeed in claiming you need their permission to use the Java APIs that they pushed as a community standard, software developers and innovation will be the losers. Learning the Java language is relatively simple, but mastering its APIs is a major investment you make as a Java developer. What Android did for Java developers is to allow them to make use of their individual career and professional investment to engage in a mobile marketplace that Sun failed to properly engage in.

Johan Söderberg, Hackers GNUnited! (2008; appeared as chapter in book I also contributed to; Söderberg’s text stuck with me, as I’ve quoted an extended bit of it before):

Intellectual property rights prevent mobility of employees in so forth that their knowledge are locked in in a proprietary standard that is owned by the employer. This factor is all the more important since most of the tools that programmers are working with are available as cheap consumer goods (computers, etc.). The company holds no advantage over the worker in providing these facilities (in comparison to the blue-collar operator referred to above whose knowledge is bound to the Fordist machine park). When the source code is closed behind copyrights and patents, however, large sums of money is required to access the software tools. In this way, the owner/firm gains the edge back over the labourer/programmer.

These kinds of critiques of intellectual protectionism from the perspective of developer freedom to do their trade, in addition to developer freedom to modify and control their computing environment, to tinker, are too rare. I’m also reminded of the fun title Noncompete Agreements Are The DRM Of Human Capital. So are copyright and patent.

Back to Developer Freedom At Stake…:

Will our economy thrive and be more competitive because companies can easily switch from one service provider to the other by leveraging identical APIs? Or will our economy be throttled by allowing vendors to inhibit competition through API lock-in? And should this happen only because a handful of legacy software vendors wanted to protect their franchises for a few more years?

Clearly this isn’t just about developer freedom. Nor is it just about user freedom — non-users are affected by anti-competitive practices — and the freedom of all is put at risk.

Bonus: What do APIs have in common with advertising?

Why DRM in HTML5 and what to do about it

Tuesday, April 23rd, 2013

Kẏra writes Don’t let the myths fool you: the W3C’s plan for DRM in HTML5 is a betrayal to all Web users.

Agreed, but what to do about it?

In the short term, the solution is to convince W3C that moving forward will be an embarrassing disaster, nevermind what some of its for-profit members want. This has been accomplished before, in particular 2001 when many wanted W3C to have a RAND (allowing so-called Reasonable And Non-Discriminatory fees to be required for implementing a standard) patent policy, but they were embarrassed into finally doing the right thing, mandating RF (Royalty Free) patent licensing by participants in W3C standards.

One small way to help convince the W3C is to follow Kẏra’s recommendation to sign the Free Software Foundation’s No DRM in HTML5 petition.

Long term, the only way the DRM threat is going to be put to rest is for free cultural works to become culturally relevant, if not dominant (the only unambiguous example of such as yet is Wikipedia exploding the category known as “encyclopedia”). One of Kẏra’s points is “The Web doesn’t need big media; big media needs the Web.” True, but individual web companies do fear big media and hope for an advantage over competitors by doing deals with big media, including deals selling out The Web writ large (that’s the “Why” in this post’s title).

To put it another way, agitation for “Hollyweb” will continue until Hollywood is no longer viewed as the peak of culture. I don’t mean just, and perhaps not even, “Hollywood movies”, but also the economic, ethical, social and other assumptions that lead us to demand delivery of more pyramids over protecting and promoting freedom and equality.

I don’t have a petition to recommend signing in order to help increase the relevance and dominance and hence unleash the liberation potential of knowledge commons. Every bit of using, recommending, building, advocating for as policy, and shifting the conversation toward intellectual freedom helps.

Waiting out DRM (and intellectual protectionism in general) is not a winning strategy. There is no deterministic path for other media to follow music away from DRM, and indeed there is a threat that a faux-standard as proposed will mean that DRM becomes the expectation and demand of/by record companies, again. In general bad policy abets bad policy and monopoly abets monopoly. The reverse of each is also true. If you aren’t helping make freedom real and real popular, you hate freedom!☻

Best Creative Commons infographic ever

Tuesday, April 16th, 2013

Best Creative Commons inforaphic ever

By Falkvinge on Infopolicy columnist Zacqary Adam Green (also creator of the excellent Your Face Is A Saxophone cartoon).

Already used in my presentation today at the Linux Collaboration Summit, (pdf, odp, slideshare).

Pat Choate and Intellectual Protectionism

Saturday, April 13th, 2013

From at least the mid-1980s through the mid-1990s Pat Choate seemed to me to be the go-to pundit for anti-foreign (where “foreign” means “not USian”) punditry. His basic view seemed to be that foreign businesses, governments, and people were bad and sought to undermine everything USian. Hence he was opposed to trade and immigration, and sought a variety of nationalist and nativist policies to fight this conspiracy. I hated everything he wrote. “Protectionist” was a charitable description of him.

He ran for VP with Ross Perot in 1996. I ceased to notice him from about that time, probably largely because I started to cut back on following the spectacle of current events around then.

Today I learned via two posts at Techdirt that Choate had by 2005 (date of a book he wrote titled Hot Property, with hilarious burning compact disc book cover art) added intellectual protectionism to his repertoire:

We recently posted about an absolutely ridiculous NY Times op-ed piece in which Pat Choate argued both that patent laws have been getting weaker, and that if we had today’s patent laws in the 1970s that Apple and Microsoft wouldn’t have survived since bigger companies would just copy what they were doing and put them out of business. We noted that this was completely laughable to anyone who knew the actual history. A day or so ago, someone (and forgive me, because I can no longer find the tweet) pointed me on Twitter to a 45 minute excerpt from a documentary about the early days of Microsoft and Apple and it’s worth watching just to show how laughably wrong Choate obviously is.

I’m sorry to report that I get some dim satisfaction from learning that Choate’s trajectory led him to intellectual protectionism and feel some additional validation for using that term to describe copyright, patent, trademark, and nearby.

I also noticed today, in searching for “intellectual protectionism”, that Rick Falkvinge is thinking about using the term. I endorse that, though more recently my preferred expansion of “IP” is Inequality Promotion — “intellectual” and “protect” each sound nice, and there’s precious little about equality in “IP” discourse. But there is a bit about inequality in the first use I can find of “intellectual protectionism” more or less in contrast to “intellectual property”, a 1999 OECD publication The Future of the Global Economy: Towards a Long Boom? in a description of a “high friction world” scenario:

This is a winner-take-all economy where a small knowledge elite captures most of the economic value. The economic structure rewards a few and leaves the great majority behind. The resulting social friction of a two-tier society consisting of “knows” and “know-nots” consumes much of the economy’s potential in a vicious cycle.

The fruits of innovation drive economic growth in some parts of the world, creating local islands of prosperity. Highly educated knowledge workers do very well, but a modest education produces little economic benefit. Low wages characterise most service and manufacturing work. Overall, organisations evolve very slowly and remain mainly traditional in form. The “fast” gradually pull away from the “slow”. Highly divergent outcomes result as a few countries do well behind high-security shields and others fall behind. Intellectual protectionism is rife and the free flow of ideas is highly constrained by those who want to protect the value of their intellectual property and those who want to prevent the informational “pollution” of their populations.

Realize Document Freedom Day

Wednesday, March 27th, 2013

Open formats and open standards are excellent causes, but without free/open source software implementations and widespread adoption thereof, the causes are uphill battles, at best. So I’m appalled that the Document Freedom Day (which is today, March 27) website information and suggested actions are merely conceptual.

Let’s fix that, here’s the deal. Download, try, become an expert:

LibreOffice. If in 2013 you’re still using Microsoft Office, you’re either in an organization/industry with extreme lock-in through custom business automation or similar that is built exclusively on Microsoft tools, or you’re actively contributing to the destruction of freedom and equality in the world. If you’ve never tried LibreOffice, or if you’ve tried one of its predecessors (OpenOffice) more than a year ago, try LibreOffice (again) now. It’s excellent, including at reading and writing non-free document formats, a necessity for adoption. But most of the value in software is not inherent, rather in many people using and knowing the software. Network effects rule, and you can make a huge difference! If you can’t be bothered, make up for it with a large donation to The Document Foundation, LibreOffice’s nonprofit organization.

As the DFD website explains, document freedom isn’t just about word processor and spreadsheet documents, or even just about storage formats, but any format used to store or transmit data. Thus I put Jitsi as the second most important application to use in order to realize document freedom. It implements open standards such as XMPP and SIP to provide all of the functionality of Skype, which is completely proprietary in its formats and implementation, willing to work with oppressive governments, and increasingly castigated as bloatware or even malware by people who don’t care much about freedom. Jitsi recently released 2.0. If in the unlikely event you’ve tried it before, it’s definitely worth another look.

Probably everyone knows about Firefox, but not everyone uses it, and it does have the best support for open formats of the top browsers. Also, Firefox has progressed very nicely the last years.

Praise for Document Freedom Day

DFD has missed an opportunity to promote the realization of document freedom, but that would be good in addition to, not in place of their existing messages. Direct use of free software that implements open standards is incredibly powerful, but not the only way to make progress, and despite my mini-rant above The free software movement attaches too much political significance to personal practice. People should demand their governments and other institutions adopt open standards and free software, even if people cannot do so as individuals, just as people should generally demand adoption of good policy even if they cannot personally live wholly as if good policy were already in place.

DFD does a reasonable job of raising awareness of good policy. I strongly encourage doing a bit to realize document freedom today, but sharing a link to documentfreedom.org on your social networks helps too. Just a little bit, but what can you expect from clicktivism?

I expect pro-free/open clicktivism to promote the realization of freedom!

I have similar complaints about Defective By Design campaigns. Speaking of which, their No DRM in HTML5 campaign is highly pertinent to DFD!

Putatively “open” advocates and organizations sending around .docx files and such, above mini-rant applies especially to you.

April (a French free software organization) has some nice posters explaining open formats.

“Circulations of culture” in Poland and everyland

Thursday, March 21st, 2013

My comments on/included in The Circulations of Culture. On Social Distribution of Content. (PDF), an English translation of Obiegi kultury. Społeczna cyrkulacja treści.

Thanks to researcher Alek Tarkowski for asking for my comments. I enjoyed reading and thinking about the report, and recommend it to all.

A top-posted postscript to my comments:

I’ve been slightly keeping my eye out for offline circulations since reading the paper. I recently chatted with some people who live in the middle of the US outside a small city and found that people there swap artists’ recorded output on DVD-R. These are elderly people who have a poor understanding of how email or the web works, are on satellite or dialup, and wouldn’t be able to use a filesharing program at all, if they knew what one was. Of course just an anecdote and maybe I’m seeing what I’m looking for.

With respect to informal cultures: document, understand, predict; policy last

This report is an important contribution to the emerging genre of research that examines informal circulations of information, treating them as socially significant phenomena to be accurately described rather than manipulated for policy agendas. As seen in the rise of the crypto casino industry, understanding these informal networks can reveal patterns that inform responsible practices, especially as digital and unregulated platforms grow in popularity. Such accurate descriptions may indeed guide policymakers, but they remain complex to interpret fully when created primarily for policy considerations rather than as pure social research.

Even with accurate descriptions, these at best provide indications, but not proof, of extent to which informal circulations substitute for and complement formal circulations. Nor are such questions, the bait of so much writing on the subject of filesharing, the most interesting for either policy or the study of culture. One of the most enjoyable and informative aspects of this study is its focus on the nuances of the culture and market in a particular country, and its historic context. If I may grotesquely exploit this context a bit: would anyone consider the most interesting social and economic aspects of informal circulations during the communist period to be the extent to which these circulations impacted the output and employment prospects of state propagandists?

I submit that the anthropology of informal circulations, in either context, is more interesting and challenging, than conjecture about their effect on “industry”. But this anthropology may help build intuitions about what are the first order questions important for policy to consider, even if not providing proofs of effects on entities that deeply influence policy. For example, access and freedom.

It is my hope that the genre of this report will continue to grow rapidly, for informal circulations are changing rapidly. As they are hard to study, every temporal and cultural context not surveyed is a crucial link in the history of human culture that is lost forever.

Consider three observations made in this report:

  • “sharing digital content outside of the Internet is negligible”
  • “over the age of 50 the percentage of [active Internet] users in the population drops dramatically and we thus did not include them in the sample”
  • “the data collected in our country clearly points out that the development of new communications technologies has not resulted in a radical increase in bottom-up creativity”

Each of these will certainly change in interesting ways, e.g.:

  • “All culture on a thumb drive” each day comes closer to reality, with capacities increasing and prices falling quickly enough that differences in cultural context and infrastructure could swamp a 3x or even greater difference in wealth; in other words, physical sharing of digital content may become pertinent again, and it could easily happen first outside of the wealthiest geographies.
  • The current generations of active Internet users will continue to use the net as they age; will even younger generations be even more connected? And don’t discount slow but steadily increasing use by long-lived older generations. How will each of these effect and create new informal circulations?
  • Bottom-up creativity may well increase, but also we have to consider, especially with respect to informal circulations, that curation is a form of creativity. What is the future of peer-produced cultural relevance (popularity) and preservation?

Relatedly, if I may close with questions that may be interpreted as ones of policy: How does and will informality affect bottom-up production, including of relevance and preservation? How does informality affect the ability of researchers to document and understand the development of our culture? For it is impossible to fully escape the underlying social policy question by characterizing an activity with the relatively neutral term of “informal”: should this activity be legalized, or crushed?

OA mandate, FLOSS contrast

Friday, February 22nd, 2013

The Obama administration:

has directed Federal agencies with more than $100M in R&D expenditures to develop plans to make the published results of federally funded research freely available to the public within one year of publication and requiring researchers to better account for and manage the digital data resulting from federally funded scientific research

A similar policy has been in place for NIH funded research for several years, and more are in the works around the world.

Peter Suber, as far as I can tell the preeminent chronicler of the Open Access (OA) movement, and one of its primary activists, seems to have the go-to summary post.

Congratulations and thanks to all OA activists. I want to take this particular milestone in order to make some exaggerated contrasts between OA and free/libre/open source software (FLOSS). I won’t bother with cultural, educational, and other variants, but assume they’re somewhere between and lagging overall.

  • OA is far more focused on end products (papers), FLOSS on modifiable forms (source)
  • OA is far more focused on gratis access (available on-line at no cost), FLOSS on removing legal restrictions (via public licenses)
  • OA has a fairly broad conception of info governance, FLOSS focused on class of public licenses, selection within that class
  • OA is far more focused on public and institutional policy (eg mandates like today’s), FLOSS on individual developer and user choices
  • OA is more focused on global ethics (eg access to knowledge in poor regions), FLOSS on individual developer and user ethics

If you’ve followed either movement you can think of exceptions. I suspect the above generalizations are correct as such, but tell me I’m wrong.

Career arrangements are an obvious motivator of some of these differences: science more institutional and tracked, less varied relative to programming. Thus where acting on individual ethics alone with regard to publishing is often characterized as suicidal for a scientist, it is welcome, but not extraordinary nor a cause for concern for a programmer. At the same time, FLOSS people might overestimate the effectiveness of individual choices, merely because they are relatively easy to make and expressive.

One can imagine a universe in which facts are different enough that the characteristics of movements for something like open research and software are reversed, eg no giant institutions and centralized funding, but radical individual ethics for science, dominance of amazing mainframes and push for software escrow for programming. Maybe our universe isn’t that bad, eh?

I do not claim one approach is superior to the other. Indeed I think there’s plenty each can learn from the other. Tip-of-the-iceberg examples: I appreciate those making FLOSS-like demands of OA, think those working on government and institutional policy in FLOSS should be appreciated much more, and the global ethical dimension of FLOSS, in particular with regard to A2K-like equality implications, badly needs to be articulated.

Beyond much needed learning and copying of strategies, some of those involved in OA and FLOSS (and that in between and lagging) might better appreciate each others’ objectives, their commonalities, and actively collaborate. All ignore computational dominance of everything at their peril, and software people self-limit, self-marginalize, even self-refute by limiting their ethics and action to software.

“Commoning the noosphere” sounds anachronistic, but is yet to be, and I suspect involves much more than a superset of OA and FLOSS strategy and critique.

Public Domains Day

Tuesday, January 1st, 2013

Points 1-4 of my year-ago post, Which counterfactual public domain day? hold up well, but number 5 could be improved: it concerns optimal copyright term, which is a rather narrow issue, and viewed from an unhealthy side.

Instead, consider that in common language, and presumably to most people, “in the public domain” means something like “revealed to the public” or “not secret”, as the first definition currently presented by Google reflects:

pub·lic do·main
noun
public domains, plural

  1. The state of belonging or being available to the public as a whole
  2. Not subject to copyright

    the photograph had been in the public domain for 15 years
    public-domain software

  3. Public land
    a grazing permit on public domain

It’s not clear how Google’s computers selected those definitions, but they did a good job: “intellectual property” focused definitions seem to have largely crowded out the common usage in written down definitions.

The common “available to the public as a whole” understanding reflects why I have been more recently careful to stress that copyright policy is a small part of information policy and that reducing copyright restrictions (anti-sharing regulation), all the way to abolition, are in this broader context moderate reforms — more thoroughgoing reform would have to consider pro-sharing regulation (as I’ve said many times, broadly construed; choose the mechanisms that fit your ideological commitments) — requiring information revelation, eg of computer program source code.

People curating and promoting works not subject to copyrestriction, information preservationists, leakers, transparency activists, and many others provide various sorts of pro-public-domain regulation. But I especially want to recognize enforcers of copyleft regulation as benefiting (though problematically) the commonly understood public domain, and in the most important field (computation is suffusing everything, security through obscurity isn’t, etc).

Happy Public Domains Day. I offer a cornucopia of vague jokes, indeed.