You are currently browsing leonidobusch’s articles.
As mentioned in my last post, this summer I am visiting the WZB to work on a paper about the digital public domain. Rifling through a huge pile of papers on the issue, I recently stumbled across Robert P. Merges’ 2004 essay “A New Dynamism in the Public Domain” (PDF) – and I really regret not having read this piece much earlier. He summarizes the main point of his paper as follows:
The simple point of this Essay is that these investments are invigorating the public domain with a new dynamism stemming from private action. These investments demonstrate that private action, and not just government policy, can augment the public domain. (p. 184)
Such private investments into the public domain, Merges argues, are inspired by the very expansions of intellectual property rights they seek to counteract: Read the rest of this entry »
Starting this week and ending in October, I am visiting researcher at the Social Science Research Center Berlin (WZB). The reason for my stay is a research project on the societal and economic role of the digital public domain, which I am working on together with Jeanette Hofmann. In this context, I started re-reading some of the classic works on the issue, such as David Lange’s “Recognizing the Public Domain” (PDF) from the year 1981.
Intellectual Property as “a game of conceptual Pac Man”?
While reading through this paper and his assessment of then recent changes in copyright law, several of his conclusions are strikingly similar to the ones made by contemporary copyright critics:
“I will argue that the growth of intellectual property in recent years has been uncontrolled to the point of recklessness.” (p. 147)
“The [copyright] law seemed suddenly to metastasize” (p. 153)
“The field of intellectual property can begin to resemble a game of conceptual Pac Man in which everything in sight is being gobbled up” (p. 156)
Since Lange’s assessments in 1981, however, there have been some of the most fundamental revisions in copyright’s history such as the TRIPS treaty or the subequent WIPO Copyright Treaties and their respective implementation into national law – all further increasing strength and scope of intellectual property rights (for a detailed account of the regulatory changes between 1980 and 2000, see Drahos and Braithwaite 2002). Read the rest of this entry »
A recurrent topic across most fields covered here at governance across borders is standards. In the field of environmental standards, for example, Olga repeatedly discussed how transnational standards and local practices are interrelated (e.g. “From Transnational Standards to Local Practices“). In the field of copyright regulation, many posts deal with the issue of standard proliferation (e.g. “Money Buys You Standards?“) and diffusion (e.g. “Iconic Standards: Regulating and Signaling“) in the case of Creative Commons.
But as always, at least in our recurrent series “Wise Cartoons“, all our words cannot live up to the simple wisdom of illustrations such as the one provided by XKCD below:
(leonhard)
PS: For another wise cartoon on standards that features Scott Adam’s Dilbert check out “Google Books and the Kindle Controversy“.
Yesterday, as is reported by the 1709 Blog, the Recording Industry Association of America (RIAA) announced that “Music, Movie, TV and Broadband Leaders Team to Curb Online Content Theft“. The press release not only obtrusively evidences the change in wording from “piracy” to “content theft” (see “Too Sexy for Being an Insult: Framing Piracy“), but also advertised two remarkable initiatives: the introduction of a common framework for so-called “Copyright Alerts” and the foundation of a “Center for Copyright Information“. Taken together, these initiatives constitute the most comprehensive attempt of private regulation in the field of copyright since the (failed) attempt of establishing all-encompassing Digital Rights Management (DRM) systems at the end of the 1990s and the early 2000s (see also “DRM in the Music Industry: Revival or Retreat?“).
According to the RIAA, the “Copyright Alerts System” will address (alleged) online copyright infringement
with a series of early alerts — up to six — in electronic form, notifying the subscriber that his or her account may have been misused for online content theft of film, TV shows or music. It will also put in place a system of “mitigation measures” intended to stop online content theft on those accounts that appear persistently to fail to respond to repeated Copyright Alerts. Read the rest of this entry »
In their book “Information Feudalism” (2002), Peter Drahos and John Braithwaite argue that the “danger of intellectual property lies in the threat to liberty” (p. 3). Also Jamie Boyle, in his open access book “The Public Domain” (2008, PDF) warns against the potential of strong copyrights to interfere with some of the most basic human rights such as free speech. Only rarely, however, these dangers become so clearly visible as in the current controversy around a Greenpeace campaign video.
It all started with a very successful Superbowl commercial by VW, featuring a child as Darth Vader and being enormously successful on YouTube with over 40 million viewers so far:
Inspired by this commercial, Greenpeace created a parody featuring several kids playing other famous Star Wars characters and attacking VW for its CO2 policies on the campaign website www.vwdarkside.com. When today I wanted to see the video embedded at the site, I however only encountered the message delivered by YouTube that the video was not available due to copyright infringement (see screenshot below). Read the rest of this entry »
A few days ago, the German collecting society GEMA was criticized by CEOs of leading music labels such as Universal or Sony Music for not being able to negotiate an agreement with Google, the owner of YouTube, that would allow their music videos to be featured on the site (see “Cracks in the Content Coalition: Corporations vs. Copyright Collectives“). Today the German branch of the hacktivism group Anonymous weighed in and launched a campaign against GEMA (see the video message below).
At the time I am was writing this post, the GEMA homepage is was down, most likely because of a distributed denial-of-service attack – the standard form of online protest organized by Anonymous. The rationale for the attack given in the video explicitly refers to the recent criticism by major label representatives and reads as follows (my translation): Read the rest of this entry »
In April this year, broadcasters, collecting societies, and representatives of the music and film industry in Germany publicly announced the foundation of the “Deutsche Content Allianz” (“German Content Alliance”) at a press conference in Berlin:
Source: Stefan Krempl / heise.de
Harald Heker, CEO of the leading German collecting society GEMA, even praised the initiative as an “important closing of ranks” among rights holders (via heise.de, German only).
Only two months later, this coalition exhibits some severe cracks. And the reason for these cracks is the extensive blocking of YouTube videos demanded by GEMA – something we have repeatedly discussed on this blog (see, for example, “Viral Web Videos and Blocked Talent” and, most recently, “Art Across Borders“). Originally, blocked videos only delivered a page stating that the video was not available “in your country” and referring to the rights holder – the latter mostly being one of the leading media corporations such as Universal, Warner or Sony. Read the rest of this entry »
The series “Tagged Tabs” is short list of commented links in a recurrent attempt to clean my browser from open tabs containing interesting articles on governance across borders in the field of copyright regulation published elsewhere.
- “International Communia Association“: the EU-funded thematic network on the digital public domain “Communia” evolved into the NGO “International Communia Association”, which is officially launched today. Among the members of the Communia network are most of the European partner organizations of Creative Commons.
- “Sharing License Library“: Volker Grassmuck, among the most prominent advocates for a cultural flatrate (see “Extending Private Copying Levies: Approaching a Culture Flat-rate?“), put together an extensive collection of works on the issue.
- Debate on Open Educational Resources: Reacting to an article in the Chronicle of Higher Education entitled “Publishers Criticize Federal Investment in Open Educational Resources“, Creative Commons’s Cable Green issued an extensive “Response“, defending the requirement of CC BY licensing for certain grants by the U.S. government.
- Europeana v1.0 Draft for a Data Exchange Agreement: Europeana v1.0 is a project funded by the European Commission’s eContentplus programme, which strives to transform the Europeana.eu portal from a prototype into a fully operational site.
- The inaugural issue of the new journal “Critical Studies in Peer Production” features a short report by Michelle Thorne and myself with some reflections about the “Free Culture Research Conference” that took place at Freie Universität Berlin in October last year (see also #FCRC).
A recurrent theme on this blog is how the seemingly global online world is still – and in some fields even increasingly – divided by barriers, which are still tied to national borders. In this context, about eight months ago our article “This Post is Available in Your Country” featured a painting by the Hungarian artist Paul Mutant that ironically addressed the omnipresence of blocked video content on the web. Actually, very recently a Berlin based copyright expert told me that, for example, in Germany the majority of videos on YouTube were blocked because of (alleged) copyright infringements.
In an exhibition in the Három Hét Galéria in Budapest, Mutant now takes his idea to the extreme, as is evidenced by the pictures below (all photos provided by the artist).
Today YouTube announced on its official blog the introduction of Creative Commons support:
Have you ever been in the process of creating a video and just needed that one perfect clip to make it pop? Maybe you were creating your own music video and needed an aerial video of Los Angeles at night to spice it up. Unless you had a helicopter, a pretty powerful camera and some fierce editing skills, this would have been a big challenge. Now, look no further than the Creative Commons library accessible through YouTube Video Editor to make this happen. Creative Commons provides a simple way to license and use creative works.
Actually, YouTube had tested the implementation of Creative Commons licenses already more than two years ago (see Creative Commons blog) but has shied away from introducing it as a general feature until today. That this has now finally happened is celebrated by many Creative Commons sympathizers in the blogosphere under headings such as “Why YouTube Adopting Creative Commons Is a Big Deal” and, of course, Creative Commons officials. Read the rest of this entry »
governancexborders.com 
