Post Public Domain

EFF15

Monday, August 1st, 2005

The Electronic Frontient Foundation is 15 and wants “to hear about your ‘click moment’–the very first step you took to stand up for your digital rights.

I don’t remember. It musn’t have been a figurative “click moment.” Probably not a literal “click moment” either–I doubt I used a mouse.

A frequent theme of other EFF15 posts seems to be “how I become a copyfighter” or “how I became a digital freedom activist.” I’ve done embarrassingly little (the occasional letter to a government officeholder, Sklyarov protests, the odd mailing list or blog post, running non-infringing P2P nodes, a more often lapsed than not EFF membership), but that’s the tack I’ll take here.

As a free speech absolutist I’ve always found the concept of “digital rights” superfluous. Though knowledge of computers may have helped me understand “the issues,” I needed none to oppose crypto export laws, the clipper chip, CDA, DMCA, perpetual copyright extension and the like. Still, I hold “ditigal rights,” for lack of a better term, near and dear. So how I became a copyfighter of sorts: four “click themes,” one with a “click moment.” All coalesced around 1988-1992, happily matching my college years, which otherwise were a complete waste of time.

First, earliest, and most important, I’d had an ear for “experimental” music since before college. At college I scheduled and skipped classes and missed sleep around WEFT schedule. Nothing was better than great music, and from my perspective, big record companies provided none of it. There was and is more mind-blowingly escastic music made for peanuts than I could hope to experience in many lifetimes. I didn’t have the terms just yet, but it was intuitively obvious that there was no public goods provisioning problem for art, at least not for anything I appreciated, while there was a massive oversupply of abominable anti-art.

Second, somewhere between reading libertarian tracts and studying economics, I hit upon the idea that “intellectual property” may be neither. Those are likely sources anyway–I don’t remember where I first came across the idea. I kept an eye out for confirmation and somewhere, also forgotten, I found a reference to Tom Palmer‘s Intellectual Property: A Non-Posnerian Law and Economics Approach. Finding and reading the article, which describes intellectual property as a state-granted monopoly privilege developed through rent seeking by publishers and non-monopoly means of producing intangible goods, at my university’s law library was my “click moment.”

Third, I saw great promise in the nascent free software movement, and I wanted to run UNIX on my computer. I awaited 386BSD with baited breath and remember when Torvalds announced Linux on Usenet. I prematurely predicted world domination a few times, but regardless, free software was and is the most concrete, compelling and hopeful sign that large scale non-monopoly production of non-rivalrous goods is possible and good, and that the net facilitates such production, and that freedom on the net and free software together render each other more useful, imporant, and defensible.

Fourth, last, and least important, I followed the cypherpunks list for some time, where the ideas of crypto anarchy and BlackNet were developed. In the ten years or so since the net has not turned inside out nor overturned governments and corporations, yet we are very early in its history. Cypherpunk outcomes may remain vaporware indefinitely, but nonetheless are evocative of the transformational potential of the net. I do not know what ends will occur, but I’ll gladly place my bets on, and defend, the means of freedom and decentralization rather than control and protectionism.

The EFF has done an immense amount of great work over the past 15 years. You should join, and I will update my membership. However, my very favorite thing about the EFF is indirect–I’ve seen co-founder and board member John Gilmore at both drug war and DMCA protests. If you care about digital rights or any rights at all and do not understand descruction of individuals, rights, and societies wreaked by the drug war, there’s no time like the present to learn–the first step needed in order to stand up for your rights.


Blog-a-thon tag:

Infoanarchy, DRM and Celestial Jukebox

Monday, January 10th, 2005

On the brouhaha over Bill Gates’ interview with CNET at CES. The relevant bit:

[D]o you think intellectual-property laws need to be reformed?

No, I’d say that of the world’s economies, there’s more that believe in intellectual property today than ever. There are fewer communists in the world today than there were. There are some new modern-day sort of communists who want to get rid of the incentive for musicians and moviemakers and software makers under various guises. They don’t think that those incentives should exist.

And this debate will always be there. I’d be the first to say that the patent system can always be tuned–including the U.S. patent system. There are some goals to cap some reform elements. But the idea that the United States has led in creating companies, creating jobs, because we’ve had the best intellectual-property system–there’s no doubt about that in my mind, and when people say they want to be the most competitive economy, they’ve got to have the incentive system. Intellectual property is the incentive system for the products of the future.

The “communists” bit is the part that has gotten so many people worked up.

The Response. I enjoy calling out Gates’ idiocies as much as the next person, though much of the response I’ve seen has been a tad ebullient. Microsoft fans don’t create fascist art knockoffs when that company’s detractors incorrectly call it fascist. Glenn Otis Brown has the best response I’ve seen, posted on the Creative Commons weblog.

What Would Brezhnev Do? In a communist state would there be no financial incentives for artists? No, they’d simply be employed by the state. The Soviet Union took information control to extremes, including prohibiting use of photocopiers by scientists. I suspect that had the USSR survived to this day, the KGB would now be furiously trying to make Digital Restrictions Management work so as to gain access to a few of the wonders of computing without permitting open communication.

Advice to Gates. Call reformers anarchists rather than communists. For most people “anarchist” is derogatory and you wouldn’t be telling quite as much of a bald-faced lie.

The Real Issue. Forget labels. Gates’ substantial claim is that strong intellectual protectionism drives economic growth. Gates believes this. He isn’t simply shilling for MSFT’s latest strategy. It is on this point that Gates must be rebutted.

Apologies to you the reader and to Robert Nozick for this post’s overwrought title.

Speculate on Creators

Wednesday, November 17th, 2004

Alex Tabarrok writes about An Auction Market for Journal Articles (PDF). Publishers bid for the right to publish a paper. The amount of the winning bid is divided by the authors and publishers of papers cited by the paper just auctioned. Unless I’m missing something all participating journals taken together lose money unless the share of cited authors is zero and transaction costs are nil. Still, the system could increase incentives to publish quality papers, where “subsequent authors will want to cite this” is a proxy for quality.

I’m reminded a tiny bit of BlogShares (“Blogs are valued by their incoming links and add value to other blogs by linking to them”), but especially of Ian Clarke‘s FairShare, which is a proposal for speculative donations:

Anybody can “invest” in an artist, and if that artist goes on to be a success, then the person is reward in proportion to their investment and how early they made it. But where does this return on investment come from? The answer is that it comes from subsequent investors. For example, lets say that you invest $10. $4.50 might go straight to the band, $1 might go to the operator of the system, and the remaining $4.50 would be distributed among previous investors in the band, those who invested more early would get a bigger proportion than those who invested less, later-on. Of course, most people will not make a profit, but they are rewarded by knowing that they contributed towards an artist that they liked, and helped reward others who believed in that artist, and who may have brought the artist to their attention.

Under FairShare participating creators taken together and individually would make money, as payments are from without the system, driven by the generosity and greed of fans and speculators.

A system in the spirit of one or both of these proposals could perhaps help fund a voluntary collective licensing scheme of the sort contemplated for digital music, but conceivably applicable to other types of work.

If the journal market idea really could foster a self-sustaining business model it could be a boon to the open access movement. Restricting access is rather pointless when your main business concern is to get your articles cited.

I’ve rambled about open access models elsewhere.

Richard Epstein’s open source leavings

Sunday, October 24th, 2004

Richard Epstein has an absolutely terrible column in the October 21 Financial Times: Why open source is unsustainable. Epstein begins with the oh-so-original observation that

Intellectual property often creates strange bedfellows on the left and the right sides of the political spectrum.

Left and right may not be the proper characterizations for those referred to, and the alliance isn’t at all strange — it reoccurs often when personal freedom, civil liberty, what have you is threatened. The war on drugs and war in general are two prime threats that motivate reasonable people to become “strange bedfellows.” Open source is perhaps slightly odd in that it is a uniting opportunity, rather than a threat.

On the left, many socialists oppose private property in all its forms.

Many? Possibly some Maoists or similar retreads, but then I’m not very familiar with hard core communist ideology, and those types aren’t very common these days. As far as I know most syndicalists or anti-market anarchists admit to some personal property. Run of the mill socialists certainly do not oppose private property in all its forms.

On the right, some libertarians, such as Tom Bell of Chapman Law School,

Right, schmight. Anyway, links to Tom W. Bell and his copyright writings. Also see Tom G. Palmer and Stephan Kinsella.

are deeply suspicious of the use of intellectual property to block the right of other individuals to think and speak as they choose. While they regard private property as acceptable for physical resources that cannot be used by everyone at once, they draw the line at intellectual property, which can be copied at close to zero cost.

Amazing common sense. Intellectual property (I prefer one of “intangible goods” or “intellectual protectionism”) is a taking of the rights of owners of tangible property, who are denied any use of their real property that infringes on the rights of IP owners.

All this anti-IP rhetoric begs one question: how do we produce IP in the first place?

A question sidestepped by Epstein for the remainder of the article. Aside: perhaps any issue that demands (or rather, for which some demand) government attention in some form — regulation, subsidy, prohibition, etc. — can be thought of as a public goods problem. However, just because something is a public good doesn’t mean that it is not also a private good — production of open source software being just one example. Lynne Kiesling has some musings along these lines, starting with electricity network reliability.

The middle part of Epstein’s column is a morass of classic fear, uncertainty, and doubt regarding open source software, all terribly uninformed. A few counters:

  • Open source does produce excellent non-server software. If you aren’t reading this in Mozilla Firefox chances are you’re missing out big time. Also see OpenOffice, the GIMP, the GNOME Desktop, Inkscape, Scribus, Eclipse and many more.
  • Individual hackers have been and always will be incredibly important and productive in ways Epstein and DeLong probably just don’t get, but open source is now integral to many of the largest for-profit software concerns (e.g., IBM and Oracle) and software consumers (e.g., Wall Street).
  • Even if they did hold water, a serious anti-open source commentator would not use anti-GPL arguments as the linchpin of their anti-open source argument. Three open source applications stand above all others in terms of market share: BIND, Sendmail, and Apache . None of these are GPL’d.

This quote from Epstein is good for a chuckle:

But how do the insiders, such as Linus Torvalds, cash out of the business that they built? And in the interim, how do they attract capital and personnel needed to expand the business? Traditional companies have evolved their capital structures for good reason.

Torvalds didn’t build a business, not that we have to worry about him eating. Rather than speculating in the abstract, Epstein should study how successful open source companies have actually expanded their businesses. And how and why traditional companies have seen it in their best interest to pay developers to work on open source.

So what does Epstein really want? That comes at the very end of his column:

But suppose this analysis is wrong. One clear policy implication remains: this novel form of business association should succeed or fail on its own merits. The do-or-die question is whether open source offers a low cost solution to particular problems. Ordinary companies will make just those calculations, but government agencies may be swayed to take a different tack, as has been suggested by a number of EU studies. That temptation should be avoided. Governments are bad at forcing technology by playing favourites. If open source is less effective than proprietary software, that gap should not be ignored by positing some positive network externalities that come from giving it a larger base. Proprietary systems also show positive network effects from increased users, as software designers are always attracted by a larger installed base. It’s a tough world out there, in which no one should be exempted from the general competitive pressures of the marketplace. The fiduciary duties of government to all citizens demand no less.

I love Epstein’s subtle abuse of the word implication.

I strongly agree that government is terrible at picking technology winners. That’s why I’ll probably vote against California’s stem cell research bond, despite being strongly in favor of any and all uses of fetal stem cells.

However, to the extent government is a technology consumer, it ought to be an intelligent consumer. Julian Sanchez made an excellent argument for open source in government — especially in government — two years ago in a column titled Open Source and Its Enemies:

With proprietary software, government’s potentially standard-setting procurement choices give it the role of market kingmaker.

A certain recipe for inefficient rent seeking behavior.

World Intellectual Freedom Organization

Thursday, October 14th, 2004

an organization for a good future

In 1998 I registered wifo.org (wayback June 2000 copy) with the intention of using the platform to mock the World Intellectual Property Organization and promote the study of production of nonrivalrous goods, with a decided bias against government-granted monopolies in such goods. My battle against life in the late 90s was mostly a losing one, so I never carried through.

Anyway, I now recommend you sign the Geneva Declaration on the Future of the World Intellectual Property Organization AKA “Proposal for the Establishment of a Development Agenda for WIPO” offered by Argentina and Brazil to the WIPO General Assembly last week. I’m not thrilled with all of the language, but upon first read it looks quite excellent given my low estimation of UN documents. Excerpt:

At the same time, there are astoundingly promising innovations in information, medical and other essential technologies, as well as in social movements and business models. We are witnessing highly successful campaigns for access to drugs for AIDS, scientific journals, genomic information and other databases, and hundreds of innovative collaborative efforts to create public goods, including the Internet, the World Wide Web, Wikipedia, the Creative Commons, GNU Linux and other free and open software projects, as well as distance education tools and medical research tools. Technologies such as Google now provide tens of millions with powerful tools to find information. Alternative compensation systems have been proposed to expand access and interest in cultural works, while providing both artists and consumers with efficient and fair systems for compensation. There is renewed interest in compensatory liability rules, innovation prizes, or competitive intermediators, as models for economic incentives for science and technology that can facilitate sequential follow-on innovation and avoid monopolist abuses. In 2001, the World Trade Organization (WTO) declared that member countries should “promote access to medicines for all.”

Humanity stands at a crossroads – a fork in our moral code and a test of our ability to adapt and grow. Will we evaluate, learn and profit from the best of these new ideas and opportunities, or will we respond to the most unimaginative pleas to suppress all of this in favor of intellectually weak, ideologically rigid, and sometimes brutally unfair and inefficient policies? Much will depend upon the future direction of the World Intellectual Property Organization (WIPO), a global body setting standards that regulate the production, distribution and use of knowledge.

As you could guess from my description of a “World Intellectual Freedom Organization” I’m very interested in “models for economic incentives for science and technology that can facilitate sequential follow-on innovation and avoid monopolist abuses.” I admit that I’d never heard of compensatory liability rules or competitive intermediators. Google knows of only a few documents with the former term, excepting copies of the aforementioned declaration.

Using Liability Rules to Stimulate Local Innovation in Developing Countries: A Law and Economics Primer (PDF) appears to be the paper describing compensatory liability rules. At a glance it appears CLR is akin to a compulsory license for subpatentable innovations (which under the current regime are all too often patented). Sounds like a reasonable potential reform.

Google also knows next to nothing about competitive intermediators, which appear to be an invention of the authors of A New Trade Framework for Global Healthcare R&D. The proposal seems to amount to R&D funded by a payroll tax. Very boring.

The X-Prize has raised the profile of innovation prizes immensely, but they are an old idea that has deserved resurrection for a long time. I recommend starting with Robin Hanson’s Patterns of Patronage: Why Grants Won Over Prizes in Science (PDF). I’ve donated a small amount ($122.45 — can you guess why?) to the Methuselah Mouse Prize and will donate more to this and other science prizes in the future — I’m very keen on the concept.

Compensatory liability rules, innovation prizes, or competitive intermediators are only three of many interesting ideas in this vein. I’ll write about others in the fullness of time.

Creative Commons 2.0 Licenses

Tuesday, May 25th, 2004

Turned on last night. See the CC weblog for a thorough explanation of the versioning.

No upgrade required here: this weblog is dedicated to the public domain.