Monday, October 09, 2006

"It just shouldn't be that way": Gaps in the Free Culture's Comm. Strategy

The connections and intersections between readings, guest speakers and current events continues to strike me. Rereading Lessig's FREE CULTURE for my RECORDING seminar, it was striking how myopic Ivory Tower "Free Culture" theorists' thinking can become. In the below quote, we can see why the Free Culture movement has failed in their communication strategy. Simply put, they don't appeal to people's emotions and have let the opposition set the terms of debate.
We would only win, they [referring to three key lawyers who advised him before arguing the Eldred decision at the Supreme Court] repeatedly told me, if we could make the issue seem 'important' to the Supreme Court. It had to seem as if dramatic harm were being done to free speech and free culture; otherwise, they would never vote 'against the most powerful media companies in the world.'

I hate this view of the law. Of course I thought the Sonny Bono Act was a dramatic harm to free speech and free culture. Of course I still this it is. But the idea that the Supreme Court decides the law based on how important they believe the issues is just wrong. It might be 'right' as in 'true,' I thought, but is 'wrong' as in 'it just shouldn't be that way.' [pg. 230]


Hmmmmm. Lessig almost sounds like a character out of CASABLANCA. "Say it ain't so Sam!!!!"

It just shouldn't be that way.
Someone needs to give the free culture folk a news bulletin friends: "individuals, including Supreme Court justices, political opponents and the general public (including myself and yourself) are emotional creatures. And here's another secret, your political oppenents just might be willing to actually - NEWS BULLETIN AGAIN - MANIPULATE people with emotional arguments/messages."

Sunday, October 08, 2006

Security vulnerabilities found in Dutch E-Voting machines

Ed Felten reports in his blog that a Dutch electronic voting system, which was analyzed by a group of Dutch researchers, has been found to have many similar vulnerabilities to the ones Felten and his students had discovered about a month ago, analyzing Diebold voting machines. It seems, though, that the Dutch machines were designed in a slightly more secure way, at least as far as simple vote record tampering techniques are concerned. If it's of any consolation, the Dutch security analysis also reports that the use of such machines in Ireland is currently on hold.

Link

Dutch security analysis

Saturday, October 07, 2006

Cat with a EULA

Allerca, a company that is offering genetically modified cats at $4,000 each, makes you "agree" to a EULA before they sell you your puddy tat:
Purchaser shall not sell or transfer any Cat purchased hereunder to anyone other than an immediate family member, and shall not offer to any person the purchase of a Cat or any genetic material from a Cat, the rights Purchaser may have under this Agreement, or any other right related hereto, without the Company’s express written authorization.
The cats are sold neutered.

Link

Friday, October 06, 2006

Google May Buy YouTube for 1.6 Billion

Some have said "only a moron would buy YouTube." Well, if Google goes ahead and does it, I wouldn't say it's because they're morons. Others -- music, movie and TV production companies among them -- most likely agree with Mark Cuban that YouTube will one day be "sued into oblivion." In fact, in my mind's eye I see those aforementioned others drooling with delight at the prospect of someone with something in their pockets' buying YouTube so they'll finally have someone to sue for copyright infringement.

Larry Page and Sergey Brin are obviously aware of these warnings, so what could they be thinking? Yes, YouTube has a massive user base, members of which visit frequently and stick around for a while when they do. Gathering more users to whom ads can be served under the Google umbrella is definitely one reason Google might take the plunge. But a $1.6 BILLION price tag plus being sued into oblivion? Sounds like a big headache -- unless Page and Brin don't believe they'll be sued into oblivion.

Is Google the company with pockets deep enough, enough clout and enough chutzpah to challenge in court the current bastardization of copyright law represented by the digital-rights management practices of major industry content providers? Perhaps they believe it's one's constitutionally protected right to upload a clip of yourself acting goofy for the camera while a Madonna song plays in the background, that what users upload to YouTube actually gives more to the culture than it takes away from the mainstream content industry, and that this potential Pareto superiority should be acknowledged and encouraged in an effort to support cultural creativity.

If Page and Brin go through with this, it would have to be because they believe they'll win and put this issue to bed for now. Otherwise, they could possibly be morons.

Thursday, October 05, 2006

allofmp3.com stands between Russia and the WTO

News reports are surfacing that the popular, too-good-to-be-true Russian DRM-free website, allofmp3.com, is being targeted by top US trade officials as a major point of contention in Russia's bid to join the WTO. "I have a hard time imagining Russia becoming a member of the WTO and having a Web site like that up and running that is so clearly a violation of everyone's intellectual property rights," U.S. Trade Representative Susan Schwab told reporters after a speech to a services industry organization.

Apparently some Russian officials are unconvinced of the site's illegality, and until Russia is officially a member of the WTO, it is not bound by its rules, so this situation's outcome remains an interesting mystery.

Links to news stories here and here.

Tuesday, October 03, 2006

Compare and Contrast: the Free Culture movement and the Pirate Party

A comparison of the Pirate Party in Sweden and the U.S. Free Culture movement reveals interesting covergances and points of departures. Quinn Norton's WIRED coverage demonstrates some of the differences,
Sweden has faster broadband with deeper penetration than just about anywhere in the world. That, combined with the techno-friendly attitude that pervades Scandinavia and a government slow to take any kind of action, allowed file sharing to root deeply in practice and popular culture.


In her articles, Quinn highlights a fact she uncovered in interview after interview: ideology being secondary to history. The growth of the Pirate Bay grew from the fundamental technological fact of Swedish society: the deep, powerful broadband connectivity saturating the culture and its people. It's fascinating that Quinn's subjects repeatedly emphasize their society's connectivity and discount ideology as the motivation for the founding of such a movement.

Quinn quotes Rasmus Fleischer, one of the founders of Pirate Bay (Piratbyran),
But Piratbyran is not dedicated to copyright or patent abolition -- it has no legislative agenda. It holds a nuanced view of the created work itself: Each work must find its own social and economic niche. "I don't think of this (as) the big battle," says Fleischer, "but thousands of microbattles [someone needs to make sure Ramus and Chris Anderson, Mr. Longest Tail have drinks]."
Later, one of Pirate Bay's leaders strategizes that, "the talk turns to strategy: how to create media events, awareness campaigns, educational programs to let people know that piracy isn't about free movies -- it's about clearing the way for culture to progress [my emphasis]."

Quinn closes,
It's not the problem of the pirates, he tells me later, to figure out how to compensate artists or encourage invention away from the current intellectual property system -- someone else will figure that out. Their job is just to tear down the flawed system that exists, to force the hand of society to make something better.

If the next thing isn't good enough, they will tear that down, too.


The Free Culture movement also came out of a specfic context: the unique, protected space of under-graduate, small liberal art colleges. While at Swarthmore, the two founders of Free Culture, Nelson Pavlosky and Luke Smith, who, according to Mother Jones, had already founded the Swarthmore Coalition for the Digital Commons, began the Free Culture movement. The catalyst was Pavlosky's and Smith's outrage at electronic voting-machine manufacturer, Diebold's, use of the Digital Millennium Copyright Act to intimidate ISPs from hosting stories about deficienies in their voting machines. Following leaders such as Lawrence Lessig, the organization promotes the establishment of college chapters comitted to the creative commons, the promotion of freedoms to remix, create, build and imagine new possibilities.

The organizations differ in their treatment of the risks that come in tearing down old frameworks and imagining new ones. The Pirate Bay is honest in their disinterest in promoting an alternative to copyright, focused soley on its destruction. They leave the promotion of new freedoms and models to others. In contrast, Free Culture promotes a specific vision: a remix culture and new democratic forms of expression.

Quinn reports on their electoral results: a failure to generate 1 percent of the vote, less than the 4% needed for one representative. This was down from a party who had registered more members online than the Green Party who had 17 seats in Congress.

What both movements promote, not just what they oppose and want to tear down, will be fundamental factors of their growth and success.

DVD Jon selling Apple DRM to Apple's competitors

Om sez, "DRM-buster DVD Jon has a new target in his sights, and it's a big piece of fruit. He has reverse-engineered Apple's Fairplay and is starting to license it to companies who want their media to play on Apple's devices."


Johansen doesn't think what he's doing is illegal; he's adding DRM rather than breaking it. He and Farantzos were giddy about the prospect of Apple's iTV, hoping companies will pay up to get movies on the set-top box when it comes out, after seeing the ill effects of being shut off the iPod. Spurned by Apple? Step right up.


This is a different twist on the constant battle between DRM crackers and builders (see, just last week, Microsoft's lawsuit5 against a hacker for releasing an app that strips off its PlaysForSure DRM). If successful, DoubleTwist will eliminate Apple as a middleman to its own hardware. But in doing so, it just might help Apple sell more of that hardware. Apple enjoys fat margins on its devices, and perhaps should turn a blind eye, for now.



Link

(Thanks, Om!)