Mar 082012
 

In a short exchange on Twitter this morning, I observed:

@JamesFirth I notice your domain has changed to .eu. Do you consider this reasonably out of reach of unreasonable extrajudicial takedowns?

James then responded with the following excellent point:

 @eiohel It’s not a question of reasonable vs unreasonable but culture and familiarity. I’m familiar with the law and culture of UK/EU

Over at his blog, James has expounded more broadly and clearly exactly why he has recently moved his .com Blogger-based content to an .eu domain.  You can find this post here.

In particular, I’d draw your attention to two passages in the post.  Firstly (the bold is his):

Clearly there are some limits to what can and can’t be published, and few would argue against a robust system of oversight to remove illegal content which respects due legal process in order to protect free speech and guard against unwarranted take-downs.

However I am worried about moves to force global websites to submit to US law and in particular extradite website owners to the US to face American justice.

In this I would agree one hundred percent.  I have always been in favour of copyright laws.  The options provided, for example, by CreativeCommons.org seem to me to be exemplary in allowing one both to choose the jurisdiction and corresponding copyright conditions one is most comfortable and familiar with as well as helping others understand how far they can go with quoting, building on and attributing or not original authorship.

Just because one is against what might be considered by some to be copyright abuse – abuse in the sense of extending periods of copyright to absolutely unreasonable lengths of time – does not mean one is against copyright as a concept.  The distinction must be made and consistently sustained and repeated.

The second passage I’d like to draw your attention to is this one:

As I said at the start, I expect to follow the law of land where I live, not the country laying notional claim to a top-level web domain popular around the world.

Whilst the move is purely symbolic – I don’t plan to fall foul of the law and I am after all still using California-based Google Blogger to host this blog, for the time being at least – I think it’s worthwhile.

Again, I agree one hundred percent with this assertion: I too would like to know whose laws must apply to what I create.   At the moment, we are living in a truly World Wild West of a frontier situation.  Everyone seems to be jostling and pushing to see who can frighten off and inhibit the most.  This isn’t what freedom of speech in a modern democracy should be about.

This isn’t right.

I look forward to a time – hopefully not too far in the future – when it will be clear whose jurisdiction each of us, wherever we live and work, is acting under.  In the meantime, I’m pretty convinced that steps such as those which James has recently tentatively taken are not only worth it and sensible but also clarifying and understandable.

Good stuff.

Where angels fear to tread …

:-)

Mar 082012
 

The Prime Minister David Cameron and the Deputy Prime Minister Nick Clegg have just published this short text (the bold is mine):

“International Women’s Day is about reflecting on the strides that have been taken to give women more power, more choice and more control over their lives. But it is also about pushing for more to be done. Because the truth is, there is still a lot of work we need to do on the basics: ending violence against women and ensuring the physical security that is everyone’s fundamental right.

The UK already has some of the most robust protections against violence towards women in the world. But we know we’ve got to do better. So today we can confirm that we are working towards signing the Council of Europe’s Convention on Violence Against Women and Domestic Violence before ratifying the treaty and incorporating it into UK law.

This agreement is unprecedented, and it is vital. Across Europe millions of women suffer physical or sexual violence in their lifetimes. In the UK nearly one million women experience domestic abuse each year. This is an utter scandal – and together we are going to work harder than ever to bring this violence to an end.

The agreement is not just a piece of paper. It’s going to lift the standards of protection for women across Europe, give greater support for victims and – crucially – bring many more perpetrators to justice.

By signing the Convention we would ensure that British offenders who commit their crimes abroad would still face justice in our courts. This is what we do in cases of murder and paedophilia. We believe rapists and abusive men from the UK who seriously harm women should face the same fate – wherever they commit the offence. Our message must be loud and clear: there must be nowhere to hide.”

This is excellent news.  Two observations only.  First, the violence against primarily women which mainly ideologically driven cuts are generating here in the UK should not be underestimated:

WOMEN are being stung for £11.5billion by Coalition cuts at a time when the largest number are jobless for 23 years.

They are bearing more than two thirds of the £16billion Chancellor George Osborne is raking in from slashing welfare in his Budget and spending review.

The number of unemployed females currently stands at 1.07 million.

In the past 18 months ministers have axed the health in pregnancy grant, closed Sure Start centres, cut housing benefit, limited child benefit and slashed tax credits. Women are said to be deserting the Tories in droves.

Second, on an entirely separate matter, but relating to the sentence I highlighted in bold, when was the last time someone accused of infringing online copyright not abroad but in Britain itself required to go before a British court rather than a foreign one?

The statement on the occasion of International Women’s Day by our Lone Ranger Cameron and his sidekick Tonto Clegg is certainly welcome.  It would, however, be far more welcome if it didn’t whiff a little of grandstanding to the gallery.

Deeds, please, gentlemen and ladies, not words are needed now.

Feb 252012
 

On the subject of presumably a number of popular movements fighting Coalition policies at the moment, and in particular the campaign against workfare, Chris Grayling is reported in the Daily Mail yesterday as arguing the following:

‘This is part of a broader anti-capitalist trend in our society. Campaign groups are waging war very deliberately against big business.

‘If we don’t have big employers who are hiring, we won’t have any jobs for our young people. The idea that we should allow a bunch of extremists to get in the way of providing genuine, voluntary help for unemployed young people is just crazy.

Well, I’m sorry Mr Grayling – but you’ve just revealed a massive hole at the centre of government ideology.  A truth you’d have probably been best off not uncovering.

There is no way that big business can be equated with the purer tenets of capitalism – unless of course your idea of capitalism involves sanctioning effective monopolies and cartels; the right to destroy small- and medium-sized businesses through unfair practices such as cross-subsidisation and loss leaders; creating cash cows on the backs of low-wage policies in emerging economies (more even-handedly reported here); and making so overbearing perfectly valid legal figures such as copyright and patent law that all reasonable attempts at innovation by new companies are effectively locked out of the market.

No, Mr Grayling – you and your government have got it wrong.  Being anti-big business does not mean one is necessarily anti-capitalist – just as being pro-big business does not a freedom-loving government make. 

And whilst our government understands and identifies capitalism exclusively with big business, we will continue to commit these huge errors of judgement.  As well as fail to take advantage of so much that could be good about our nations.

So my suggestion?  Sort out your deeply ingrained prejudices first, Chris – and then come back and start governing for us all.

Feb 142012
 

Fernando Savater defends Charles Dickens, the apparently swashbuckling protector of copyright, in this fascinating piece of literary history (in the original Spanish here, in Google’s robot-English here).  He describes how Dickens visited the USA and took on the US literary establishment on his own terms: instead of delivering the easy tales about English aristocratic privilege they were expecting to hear, he criticised the Americans for their own copyright laws which – at the time – allowed them to “pirate” (according to Savater, the usage was actually Dickens’s) foreign literary works by English writers like Dickens himself.

Savater then goes on to conclude (this is my loose translation):

In this way, he confronted public opinion, which isn’t always right but has the advantage of being in the majority.  And the fact of the matter is that cultural creators are always in the minority when compared to those who consume and enoy, whether this be in that century or ours.  Carry out the following test: condemn the corruption of politicians and bankers and the masses will agree satisfied; condemn the corruption of the unscrupulous Internet users and one will be booed. [...]

With this sort of argument, he decides very clearly that we must respect and admire Dickens for precisely his honourable and sustained defence – despite the dangers of a very real public disapprobation – of what was morally right in copyright law over what was easier, at least at the time, to popularly maintain.

Where I’m really not sure if I agree or not is in the conclusions we seem to be drawing in this piece.  Are we really saying that Dickens’s brave battle against zero rights in the lifetime of a real person and creator is comparable to the battle being raged by corporate figures whose ultimate intention is to ensure that modern content industries will never have to contribute to the public domain they have – even where productively – clearly pillaged for their own benefit?

The other day, for example, I read that just Dickens’s “A Christmas Carol” had been filmed in over fifty different film and TV versions – which is, of course, as it should be for a work by a man long dead.  I have, however, yet to see any moves to release into a similarly enriching and shared commons other characters and tales from the very 20th century arts that currently occupy those of us worried about the Internet and freedom of speech.

And until I do, I’m afraid appeals like Savater’s will be falling on my relatively deaf ears.

Not because I’m taking the easy way out, though.  After all, the easy way out is for mugs.

As well as for businesspeople unwilling to effectively re-engineer their traditional and other-century business models.

Feb 072012
 

There’s a fascinating thesis over at opensource.com at the moment, which essentially argues that both SOPA and PIPA were fundamentally broken from the start.  Worth a read in its entirety, the conclusion of this post runs as follows (the bold is mine):

Copyright and trademark are very different. They are wrongfully placed under the same umbrella of “intellectual property” when they have nothing in common. They are authorized by different parts of the Constitution – the Copyright and Patent Clause for copyright (“The Congress shall have power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”), and the Commerce Clause for trademark (“The Congress shall have power … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”). They protect different interests – intellectual creation on the part of copyright and fair trade on the part of trademark. And so they never should have been in the same bill; the two areas of law are not bedfellows. But the manufacturing industry threw in its lot with the content industry and lost.

It’s an attractive idea – and, in its simplicity, perhaps provides a way forward for all sides in the debate.

Let’s take a Hollywood-like process to illuminate.  In the art that is screenwriting – an apposite example for reasons I shall shortly explain – confusion and writerly pain generally arise from a lack of properly worked-through structure: the foundations are poorly devised and so nothing builds easily.

Perhaps we could say exactly the same of lawmaking: a law, after all, is a script which – once fashioned – we as a society are supposed to follow in all good faith.

The big content industries might yet care to take an arrow out of their own swashbuckling quivers here.

Good structure, my dear souls.  Good structure is what we need.

As well as that editorial wisdom of yore.

Jan 272012
 

I posted about redemption – and a rather partial forgiveness too – in my previous post “Redemption”.  A couple of tweets on the back of that post have made me think again; at least, in relation to the second half of the post on the subject of the erstwhile software businessman, and now – perhaps – self-redeeming philanthropist, Bill Gates.

Deborah, from the excellent World Development Movement, has these two points to make.  Firstly, that:

@eiohel it’s not just a matter of how Gates acquired his fortune but that 1 man has the power to decide how to solve the world’s problems

To continue with:

@eiohel and his version is top down technocratic favouring his cronies in pharmaceutical and agribusiness companies

It does, therefore, lead one to wonder – maybe a little uncharitably – that Gates the philanthropist, wrapped up in that mindset of excluding copyright and IP laws and legislation – a mindset which has served to make him so much money in the software publishing and development businesses – is now quite naturally setting up the ground rules for branded medicine and crops the world over.

It is only human to favour those who think as one also thinks.  That he may believe in massive technological solutions – implemented by pyramidal organisations where one or two men (or very occasionally women) are paid enormous amounts of money to take relatively dictatorial decisions – is hardly surprising in the circumstances.  But as I pointed out in reply to the first of Deborah’s tweets above:

@DeborahDoaneWDM Yes. That’s absolutely the problem. Excellent point. For where one man can decide for better, one man can decide for worse.

And so it is we come back to the paradox of devolved governance and democracy in general: one highly driven man can do so much more and so very much more quickly.  But once the tools and structures are in place for this to happen for the wider good, those who would wish to abuse for their own advancement may do so far more easily.

And in a sense, as the BBC did indicate on Wednesday, Gates hasn’t changed from his Microsoft days:

His foundation’s work is carried out with a “hard-nosed mathematical” approach, he says, calculating the impact in terms of “dollars per year of life saved”.

He is applying the same attention to detail that made him such a business success into the business of saving lives.

Substitute “dollars per year of life saved” with “dollars per year of sales bonus achieved at the expense of sustainable, safe, cost-effective and user-controllable software” and you might get a flavour of what I’m getting at. 

All those shady agreements to load only Internet Explorer and Windows Media Player on new computers or the decisions which made it impossible to open new Word documents with older versions of the same software are simply a few reminders of how empires are built.

So Deborah is right to take me to task.  And I’m glad she did.  I’m glad she did.

Jan 212012
 

Louis quite rightly defines the forked paths ahead of us thus:

So the question is this:

* A lifetime of licenses routinized into the cost of living, and invisible in the enormous harm such a licensed life would put in play if only by suturing close the possibilities of having it some other way; or

* A lifetime open to innovation, collaboration, production unencircumscribed by closed licenses; markets would be built and profits made on the merit of one’s work and not on the right to work itself.

It seems to me that with the traditional content industries’ massive desire to make copyright a tool for guaranteeing enormous cashflow without further creative effort – that is to say, without further artistic creative effort (for marketing tricks and discourses these moguls will always value and understand) – we are running the serious risk in our Western civilisations (and wherever their values manage to prevail) of destroying the very right to artistic creation itself.

Just imagine if versions of SOPA and PIPA finally get through, sanctioning the right of one discourse and society – the US capitalist cash-cow industrial model – to decide who sees what, where and when, as well as for how much and how often.  With the vast quantities out there of already existing and licensed content, who needs new ground-breaking applecart-upturning ways of looking at the world?

The grand paradox of the traditional content industries since time immemorial (and certainly since Hollywood’s inception) has been how they required of their artists an anti-artistic series of behaviours.  Thus it is we could argue that finally working out how to censor the Internet’s flow and exchange of information is nothing more nor less than an easy but unhappy return to a previous age: a Hays Code for our time.

It may be that history will teach us that the progress we thought was being achieved via virtual freedoms was actually a simple parenthesis between the instincts of the 1930s and the beginning of this fearful 21st century, where an openness to new ideas – and an inability to properly sustain the existing order – are taken as signs of a dangerous unpredictability which could serve to shake the very foundations of our societies, instead of a source of brilliant imagination and game-changing thought which – to the benefit of us all – could totally alter our future socioeconomic growth and development.

Proprietary cash cows which see creativity mainly in terms of repackaging and marketing existing material – or fleet-of-foot online and offline nexuses of real artistic endeavour?  That is the crossroads we find ourselves at.  And the stakes are far higher than simply a matter of whether the traditional content industries manage to reimpose far more forcefully a tired business model which – over the last decade – was clearly losing traction. 

I would, in fact, posit that we run the risk of losing the very environments, conditions, instincts and impulses which would allow for future art itself – or, at least, future art as we have understood the concept to date.

A world without art then? 

Or, at least, a world with only a marketable, packageable and securely licensable history of art – but no possibility any more of a confident future of mould-breaking innovation?

One step too far in my train of thought?  It might all be closer than you think …

Dec 312011
 

This came my way via Charlie on Facebook yesterday:

According to the New England Journal of Medicine, after thirty years of silence, authors of a standard clinical psychiatric bedside test have issued take down orders of new medical research. Doctors who use copies of the bedside test which will have been printed in some of their oldest medical textbooks are liable to be sued for up to $150,000. [...]

That is to say, after a third of a century of silence, someone has responded to legal advice and decided they’d like to take a whole profession to the cleaners for using a medical checklist to assess the mental health of its patients.

The result?

This news is highly relevant in light of the ongoing SOPA scandal that is currently threatening the internet as we know it. Many fail to realise that copyright is valid 70 years after the death of the author and up to 120 years after the creation of the work. The use of copyright law to prevent the clinical use of medical tests and to prevent new medical tests being developed is something many of us would only expect to really happen in dystopian fiction. The fact of the matter is that it is happening in real life.

This, then, is truly an example of how copyright can (really) damage your health.  And if every time I mention the term you decide (as the stats would seem to indicate) to turn off – as if the matter had little to do with your real-life existences – I suggest you keep today’s post close to your heart for when you might dust it off the next time I bring the matter to your attention.

Copyright shouldn’t be so important, it is true.  But wicked men and women are abusing its power to make sitting on piles of cash an easier objective to achieve.

And whether this is at the cost of freedom of speech on the Internet or – alternatively – the mental wellbeing of millions of patients across the world, they care very little for the consequences on the rest of society as they proceed to gather together and concentrate more and more of our finite resources for their own individual benefit.

Dec 172011
 

This, from Tech Dirt, which came my way via Louis on Facebook, is one of those moments when the veils fall away from our faces and everything is left as clear as a sharp winter’s morning:

Once people recognize that patents (and copyright) are monopolies, with all the disadvantages and abuses that implies, they might want less of them.

The article is worth reading in full – if only because it shows the excellent Senator Bernie Sanders once more toiling away in favour of the dispossessed in society.

More please.

Nov 152011
 

Here’s a film and a story from 2010 which should warm the cockles of any independent film maker’s heart.  Made entirely using open source software, it makes independent animation of the quality Hollywood has had us accustomed to a definite possibility in the years ahead.


Sintel from Jose Manuel Acosta on Vimeo

And as the article points out:

Hollywood should watch its back. With tools like this available, a whole new generation of animators will be able to compete on screens large and small in the upcoming years.

Meanwhile, from November 2011 (and thanks to Louis for the link), it would appear that Hollywood has taken note of the above piece of advice, as it proceeds to push forward with a “grievously misguided” bill which paints extraordinarily broad brushstrokes – attempting as it does to make all alternative channels of creation, production and distribution ultimately impossible:

It would be bad enough to have these types of censorship orders targeted at software produced and distributed by a single company. But for the free and open source software community — which contributes many billions of dollars a year to the American economy — legal obligations to blacklist domains would be an utter catastrophe. Free and open source projects often operate as decentralized, voluntary, international communities. Even if ordered to by a court, these projects would struggle to find volunteers to act as censors to enforce U.S. law, because volunteers usually only perform tasks that they consider constructive. And in the case of larger projects and repositories like Mozilla, to monitor and enforce such court orders against generic functionality could potentially violate licensing obligations and would likely create acrimony, demoralizing and shrinking the communities of contributors and innovators that those projects depend upon.

Essentially any software product or service, such as many encryption programs, that is not responsive to blocking orders could be under threat. And lest you think we exaggerate for effect, recall how some of the provisions of another copyright bill have been used to chill security research.

Now just imagine how the powers of such a bill could be used to prevent the ongoing development of the kind of open source animation software we see above.  And how this could be engineered to prevent any kind of meaningful production and distribution outside the traditional Hollywood channels, as the online communities and hubs of film-making began to disintegrate under the forces so described.

Let me make one thing clear.  I studied film at university.  And I came to recognise that Hollywood’s clash of cultures – high artistic intelligences on the one hand and frankly hard-nosed business models on the other – was a very special melting-pot of uniquely creative forces.  Hollywood clearly invested heavily in product and, just as clearly, deserved to get something out of that investment.

So I am not criticising Hollywood for wanting to ensure copyright is duly respected and investments can be properly recovered.

I am unhappy, however, with a mindset where everything which involves decentralisation and grassroots opportunity is confused (whether in good or bad faith) with illegal filesharing and anti-American activities.

If America is to mean anything, it is the opportunity of the brave, new and courageous.

If America is to mean anything, it is the freedom to reap the benefits of community.

Which is why I note with sadness that the bill currently going through the American House of Representatives (more here and here) seems specifically designed not to protect the reasonable rights of copyright owners but, rather, more importantly, to detonate the independent ecosystems of consumer/producers which 21st century technologies would – if given the free run of the farm – allow us to create and develop.

If the bill in question succeeds – in the way EFF has described above – in making the nurturing and engendering of open source and other virtual communities impractical in the long-term, then we will have lost a lot more than the freedom to communicate: we will have lost, far more tragically, the freedom to innovate.

And with that grand loss, some pretty significant futures too.

Nov 032011
 

Iraq was an unhappy case of the excesses of liberal interventionism.  Quite possibly Blair did believe in fighting a war on behalf of the downtrodden Iraqis.  Whether it was the case or not, it wasn’t a happy experience – as events subsequently showed.

Today, in different parliaments and sovereign bodies, at a very different time, with a very different background, and with different leaders at their respective helms, it would appear that Greece is now a parallel case – an Iraq for our very own financial times.  Not a case of the kind of interventionism which afflicted Iraq’s sovereign brutalities in the pursuit of moneyed oil but rather – this time – an example of neo-liberal interventionism where entire national economies are the goal. 

The people count for very little here.  The moneymen and women count for everything.

As the vultures circle Greece and the threats from Germany and France dissuade the half-baked democratic flailings of too many ineffectual politicians, we have on the horizon a conflict as long drawn-out as Iraq ever was – just on a rather different plain. 

It just goes to show that when the interests are structured enough, sovereignty either counts for everything there is or – alternatively – for absolutely nothing.

As, indeed, Greece is now clearly demonstrating.

Sep 232011
 

Is a headline a coherent and discrete enough an item to warrant copyright protection?  To be honest, I’ve always felt the skills of the sub-editors responsible for flagging up the content of a story in no more than half a dozen well-fashioned words deserve far more recognition from almost everyone than ever seems to be the case.  It’s just about as close, in fact, as you can get to industrial poetry as I think you could fairly manage.  Whether this needs to go as far as receiving the protection I mention above, I don’t really know.  Though others would beg to differ.  At least in certain, very specific and money-making contexts.

But whilst copyright would appear to be having a significant impact on how the open web can operate, it’s not the only force at work.  We’re already aware of the language created around the tools of SMS texting.  But then there’s Twitter and its imperious tendency to remove articles, the word “and” in favour of “&”, the blessed full stop and a whole host of other abbreviating strategies which lead you to wonder if a decade of this isn’t going to bring us a totally different English language.

And so I wonder if the strategies we instinctively use with Twitter to communicate in less space and time – the liberties we take with the otherwise hard-and-fast rules of a language we should love rather more gracefully than we do – will be used as assertively (I resist the temptation to say “aggressively” – even as I know I shouldn’t) by those who pull the strings of money.  I’ve already noticed, in a curiously subversive and unacknowledged sort of way, that mainstream newspaper articles from at least the Telegraph and the Guardian seem to be acquiring a new and consistent internal structure which makes snipping their meaning concisely and briefly for use in my posts an evermore difficult task.  I do wonder if there isn’t some software out there – or, at the very least, a journalism school in-the-making – which is beginning to allow one to protect one’s content better against the kind of quoting, sharing and remixing the last decade of blogging and social media has accustomed us to.

For I do wonder, you see, whether the open web is on its way out whatever we do.  Capitalism may be stumbling (arguments for and against this thesis can be found from Chris here and from the BBC here) – but money will always attract money; and if capitalism isn’t to be the way, then something else will eventually be found to channel those instincts – base as they may be.

Perhaps the key to monetising the web lies precisely in developing such linguistic strategies which make it impossible to cut and paste as we have until now preferred.

A different kind of industrial poetry then?  An industrial poetry that uses the very nature of the language itself to protect its writers and authors from the very human, and otherwise admirable, instinct of their readers to copy and share amongst themselves?

An industrial poetry writ so humongously large, in fact, it can even encompass news-gathering businesses across the globe – and protect their business models from the kind of seepage and leakage the open web has encouraged to date?

Just as well that companies like Amazon are currently involved in doing this sort of thing.  Otherwise, I’d be inclined to throw in the towel – and give up entirely on humanity.

(Oh I do hope this idea I’ve stumbled across today isn’t already irreversibly changing the way we communicate online.)

Aug 032011
 

This article from the BBC this morning doesn’t really seem to know how to focus on its chosen subject – hardly surprising as it deals with the octopus that is the digital economy and online behaviours.  It starts out by saying the government won’t be getting into the business of blocking websites accused of copyright infringement (partly, perhaps, because existing laws allow injured parties to request this anyway) and ends up describing how some people believe that consumer-producers who manipulate and process other people’s digital content are acting more along the lines of quoting and paying their respects than ripping off the rights of original creators.  As the piece observes in relation to the Coalition’s laudable desire to finally legislate in favour of format shifting:

Some legal experts believe that the acceptance of format shifting, combined with relaxations on manipulating works for the purpose of parody, paved the way for creative people to use content in different ways.

And as the piece concludes:

Such creative synergies could become more common in a more tolerant copyright climate, suggested Ms Hall.

“Rights holders are often very nervous about things like this but when you come down to it, it’s the people that buy everything who also go to the trouble of writing and creating more,” she said.

“It’s about riffing off, not passing off.”

Personally, I feel most strongly about this matter.  Film and television form part of a body of artistic endeavour on an industrial scale the like of which the planet has never seen before.  Prior to this art, people were able to learn the tricks of the trade by copying the grand masters – whether painters, composers, sculptors or authors – and acquiring a better and inside knowledge through so doing.  Copying, however, as an innate trick of the human mindscape, has been deliberately defamed through its many and multifarious connections with the “pirating of intellectual property” – to such an extent that even our education system now often types this valuable tool of learning as something reprehensible.

Nowadays, anyone who cares to learn the tricks of the film and television trade must either pay vast amounts of money to the traditional media schools or contemplate breaking the law (as is in Britain at the time of writing this post) by ripping CDs and DVDs to their computers.

We need that “more relaxed copyright environment” mentioned in the BBC article precisely because we need to guarantee the future of that entrepreneurial side of content creation – a future which we may choose to sketch out for ourselves.  For the future of all digital creativity will depend entirely on recycling the pasts of the 20th century masters, if we do not get the balance right between the cash-cow centres where existing content is a licence to print money and the bright new stars who need to acquire their skills on the basis of a close and intimate contact with such content.

Only through sanctioning the format shifting of existing digital content and its reprocessing by those intelligent consumer-producers I describe above, both for parody and pastiche as well as quotation and honest reference, will a 20th century industrial exercise in creative production ever be able to fulfil its potential.

Right now, the nexus between 20th century analogue content and 21st century digital content is in desperate need of a creative commons.  The past needs the future to renew itself and conquer other terrains.  This, then, is exactly why the government is right to wish to balance the rights of that past with the hands-on needs of the future.

For once, this government seems to be doing something profoundly right.

If only I could say the same of the rest of the socio-economic landscape.

Aug 012011
 

This thought occurred to me today in a tweet I posted not long ago, where I asked the following question:

Here’s a question dear #Twitter: can you #photocopy a #Kindle? Not is it legal, mind – rather, does photocopying damage the e-ink screen?

But as my following tweet pointed out, the legal aspect would also be quite interesting.  Even if the document being photocopied was out of copyright, the version itself of that document would be held on Amazon’s servers – and, by extension, the Kindle itself – in a closed and rights-protected environment.  So would a photocopy – even for personal use, and even if technically possible – be allowed or not?  Or does, right now, the law simply not contemplate the situation?

Answers on a virtual postcard to …

Jul 042011
 

Back to the Johann Hari case, I’m afraid – though, in this instance, moving off on a copyright tangent (now I’ve used that dreaded word, I fully expect the hits for this post to mightily collapse – for some reason, they always do …).  Anyhow, my first bite at the apple can be found here – for which I have already been accused of post-modernism!

Meanwhile, Carl, over at Though Cowards Flinch, has what I think is an excellent piece on the above-mentioned issue – well worth reading for its imaginative thesis in its entirety.

In it, he starts out thus:

Man writes amazing words. Man wins prize for writing amazing words. We later find out that man’s words are stolen from another man’s book. You may think I’m referring to Johann Hari, but in actual fact this is an account of George Orwell.

One commenter then makes the following point:

Defenses of Johann Hari tend to focus – like this one – on Hari’s habit of quoting from books written by his interviewees and passing those quotations off as actually said to him. This is the minor ‘crime’ to which we should give a free pass. But Hari didn’t stop there; he cut and pasted from interviews conducted by other interviewers: that is, he ripped off the work of other journalists.

To which I have just replied:

I know I’ve been guilty of defending *more* than I might in this case, probably because the vulture approach to criticism isn’t my style. But I do have to take issue with the idea that what a public figure says in an interview is somehow the intellectual property of the interviewer. If an MP, for example, is interviewed on any matter whatsoever, and this is then sold as an “exclusive” by the medium in question, I would find myself arguing against the right of the publisher to attach the label of “exclusive” on the utterings which only exist because we the people have decided to vote someone into power. What public figures such as MPs (or, indeed, authors and other artists to an extent) say, they only say and have importance because we have allowed them to become important. Without us, the common people, they would not be where they are. Equally, without us, the common people, these supposed “exclusives” would not exist.

I suppose, really, what I am arguing is that those publishers who make money out of what individuals who operate in the public domain say – individuals who operate only through our permission and support – should understand that what they report is also part of the public domain. To be remixed and reused as perhaps we should choose to do so. (And whether you agree with me or not will depend on how much real value has actually been added to the standard deadlined piece most churnalism produces.)

Personally, I would have attributed. But I would not have held back from using. (And I might also be inclined to argue that there are some on the more extreme edges of copyright law who would not even allow the concept of attributed use at all.)

So you can accuse me of post-modernism, if that is what you perceive.  But let me ask you one question only, as I repeat the conclusion from my previous post on this matter:

Hari has not betrayed the honourable profession of journalism.  Rather, he finds himself, perhaps without even realising it, an intriguing halfway between a curator-editor-writer like Dos Passos and a latterday business monolith like Mark Zuckerberg.

And then to my question?

Well.  If Facebook, Twitter and their ilk have not made curator-editor-writers of us all, in the most post-modernist manner we could contemplate, please tell me exactly what we are – that is to say, what this world of amateur “journalism” is now becoming?

For a good author or artist, antennae attuned as they surely must be to the behaviours of a wider society, cannot always step outside the frame and comment on the form.  On occasions, the form becomes so insidiously prevalent that the inevitable subjectivity of a practising communicator does not allow them to understand exactly how far the envelope of considered attitude is being stretched.

And this is why the rest of us, generally unpaid as we are, and with the indulgence of flexible self-imposed deadlines, may have far more freedom to assess the reality outside what we might term the hothouse of exercise.

But, perhaps, also, this is why conventional journalism should understand the importance of having acquired a companion such as blogging – once a fringe activity to the traditional publishing houses but now central to understanding the development of the medium.

Not because of the money it might make them.

Rather, because of the distance and objectivity its own haphazard practice brings us all.

Social media is now the dominant communication register.  Modern writers will either have to learn the literary lessons of people like Dos Passos a century ago – lessons which, by the way, Hari has clearly imperfectly taken on board – or they will be condemned to write for audiences in ever-decreasing circles.

It’s your choice as a writer.

Just make sure you’re able to choose more wisely than less.
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Update to this post: this article, from Matt Wardman at Anna Raccoon today, seems to be concluding that Hari has got where he’s got because he’s not a trained journalist.  I would probably agree: if he’s not, then both his virtues and vices are likely to be sourced in such a circumstance.  Journalism still has three questions to answer though:

  1. if Hari had been a trained journalist, is there any consistent way this would have prevented him and his publisher sponsor(s) from recycling “exclusives” as “exclusives” – keeping in mind the abuses that accepted journalistic practices such as churnalism tend to generate anyway within the hallowed profession?
  2. does the profession and its practitioners have any right, in any case, to “exclusivise” what is arguably  public domain content obtained from public domain figures?
  3. and, finally, to put it more explicitly, and with perhaps a desire on my part to move on, at some time, to a better and more productive future, if Hari had been a curator-editor-writer of a Facebook or Twitter feed – that is to say, if his medium had been virtual rather than traditional paper and ink – would we really have cared very much about his technique?  And if not, why not?  What, in fact, are the implications of such a vision for the communication industries and user-producers more generally?  (Oh, and yes – I’ve just recycled that thought from my own Twitter feed …)

Meanwhile, here’s something I just posted on Facebook on the broader subject of copyright:

I think there’s an important issue here though, which the rank supporters of copyright choose – deliberately – to ignore. And that is the fact that thought is more like DNA than a box of matchsticks. You take out a matchstick, it’s still a box of the damn things. You take out a thought – and it’s a train, almost an audit trail, you destroy. I only have ideas when I encounter other ideas. I really can’t say I own my ideas – I would never have had them in the first place if it hadn’t have been for another’s.

    Nov 292010
     

    … and guess what – surprise, surprise – with the excuse of copyright infringement to back the process up:

    The US is really ramping up its war on intellectual property infringement, a war which I’m sure will be just as successful, cheap and supported by the people as the wars on drugs and terrorism. The US has started seizing the domain names of various websites through ICANN – not because owners of these sites were convicted of anything, but merely because complaints have been filed against them. [...]

     As the report goes on to say:

    [...] Anyone want to take a guess how long it will be before the US government blocks WikiLeaks?

    Perhaps that will be the way forward for governments around the globe, terrified of the integrity of their communications.  Try to convince newspapers like the Guardian or the New York Times not to publish diplomatic cables by appealing to their sense of public duty is a damn fool task and an almost certain waste of time.  But tell them they’d be infringing US government copyright law by publishing Clinton’s opinions of the Argentinian president and you might find that such publishing organisations would respond with a much greater fervour than expected.

    Though, as I have previously argued on these pages, any politician in a democratic society is where they are precisely because we voted them in to power.  Consequently, any public or private act carried out on behalf of the voters is surely something we as the people fully deserve to own and communicate to others.

    That is to say, what our politicians do in acts of public service belong to the public and cannot be subject to the restrictions or impositions of copyright infringement.  They belong, by virtue of the where and who, to the public domain we all have a right to access.

    Funny thing though.  I always did know that the end of the Internet as we know it would come at the hands of the US government.

    Sad, isn’t it?  Those who engender magnificent monsters are condemned – eventually – to destroy them.  No one, not even the US in its purest and most libertarian form, can resist forever the temptation to exert its power and make dirty a thing of beauty.

    ICANN is dying.  And we will live to regret it.
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    Further reading: the next set of WikiLeaks