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Explaining to STM That There Are Not 100 Kinds of "Open".

globeQuestion Copyright recently signed on to an open letter to the International Association of Scientific, Technical and Medical Publishers (STM), calling on them to withdraw the counterproductive model licenses they have been promoting for use in publishing research articles.  (STM has written a response, but unfortunately it does not seriously address the very real issues raised in the original letter.)

To understand the problem with STM's model licenses, you need to understand the problem of "license proliferation".  License proliferation is the phenomenon of institutions coming up with their own slightly different -- or sometimes significantly different -- copyright licenses, each with its own idiosyncratic terminology and conditions.  The problem with this is that if everyone distributes work under a custom license, no one can really re-use or redistribute anyone's works in practice (even when redistribution is the licensor's explicit goal), because it takes too much time to read and evaluate all those different licenses.  Furthermore,  such licenses are often not compatible with each other, which makes remixing difficult or impossible.

Creative Commons came along and basically solved this problem years ago.  They offer a very small set of easily comprehensible, professionally drafted licenses, several of which are genuine Free Culture licenses and entirely suitable for scholarly publishing.  STM should just recommend that research articles be published under those licenses.  There is no need for this new set of model licenses -- that just creates a problem for everyone.  Creative Commons already solved this; STM should not help unsolve it.

The original letter (which has 77 signatories and counting) explains this very well:

The Association of Scientific, Technical and Medical Publishers has recently released a set of model licenses for research articles. In their current formulation, these licenses would limit the use, reuse and exploitation of research. They would make it difficult, confusing or impossible to combine these research outputs with other public resources and sources of knowledge to the benefit of both science and society. There are many issues with these licenses, but the most important is that they are not compatible with any of the globally used Creative Commons licenses. For this reason, we call on the STM Association to withdraw them and commit to working within the Creative Commons framework.

Think of the Creative Commons licenses as an immune response to the disease of current U.S. and international copyright laws.  Those laws are maximally restrictive by default, and lead, as diseases often do, to very bad consequences.  By using Creative Commons licenses, particularly the fully-freedom-compatible ones, you can ensure that you and your works are never part of the problem: you will not transmit the disease to others.

If the CC licenses are an immune response, then STM's suggestion that different, special licenses are somehow necessary for scholarly publishing is an allergic response.  Like many allergic responses, if it continues unchecked, it can grow to be as bad as the original disease.

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Copyright "restrictions": Farhad Manjoo of the NYT uses accurate language.

Books in a jail cell.At QCO we make a point of calling things by their right names, and of encouraging others to do so.  For example, we always talk about "copyright restrictions", instead of using the pro-monopoly propaganda word "copyright protection".  Try it yourself: if you consistently substitute restrict for protect, and restriction for protection, when talking about copyright, it will always work grammatically and it will be more accurate.

The information monopoly industries would much prefer us to talk about "protection", of course, by which they mean protection of their business model.  But most of us don't say "pre-owned car" just because used car dealers would rather we said that instead of "used car", and we can use the same principle of calling things what they are when it comes to copyright.

However, most media outlets (not to mention even other copyright reformers and abolitionists, sadly) still usually take the path of least resistance and continue using the term "protection".  This may be partly because it lends an air of legalistic authority: lawyers almost always call it "protection", not just for copyrights but also in the unfortunately consonant phrase "patent protection" and in the conceptually incoherent "intellectual property protection".

That's why I nearly jumped out of my airplane seat when I opened the New York Times this Friday, April 25th, and saw Farhad Manjoo's article "The Cloud Roots for Aereo, but People Need Better".  It was the first time I'd seen anyone in a major mainstream media publication use the term "copyright restrictions" where most journalists would have said "copyright protections".  Here's the exact excerpt, starting from the beginning of the article:

"The best way to think about Aereo, the company at the center of this week's Supreme Court battle over the future of computing, is as as an example of legal performance art.  Aero is based entirely on a legalistic leap of faith: If it's legal to set up an antenna and record a TV show at your own house, which it is, shouldn't it also be legal to rent an antenna and server space at a big data center, and then stream the show over the Internet to your computer, tablet or set-top box?

 

It's a clever argument, one that highlights the extreme lengths that tech companies go to to avoid copyright restrictions. ..."

Not only that, he never refers to restrictions as "protection" anywhere in the article.  Later he even repeats "restrict", again accurately, and with a directness that has been too often missing from many others' writings on this topic:

"Aereo is based on a loophole. To offer TV shows over the Internet, most streaming services like Netflix or Hulu pay licensing fees to studios. But licensing is expensive and restrictive; ..."

Why, it's almost as if he's determined to report what's actually going on!

I've been a fan of Farhad Manjoo for a while, so it's gratifying to see him taking such care with language here.  But just to be clear, there's no behind-the-scenes nudging going on, at least not by me: I've never met nor communicated with Manjoo.  Also, we have no reason to count him (or for that matter not count him) among those for radical reform or abolition of the current copyright system.  I don't know anything about his political beliefs in this area, and his insistence on using accurate language doesn't say anything about those beliefs.  It just tells us he's trying to be a good writer, one who uses the most appropriate word despite environmental pressure to do otherwise.  Let's hope he influences some of his colleagues to be equally accurate.

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Fourth RE/Mixed Media Festival in NYC -- April 26-27 at the New School.

RE/Mixed Media Festival logo.

We've been fans of what the RE/Mixed Media Festival is up to ever since we first heard about it in 2010.  Now they're in their fourth year!  The next one will take place at the New School in New York City, the weekend of April 26-27.  They've kindly offered our readers a registration discount, too -- use the promotional code "QUESTION" to get 50% off.

In their own words:

RE/Mixed Media Festival, taking place on April 26-27 at The New School and CultureHub, is an annual celebration of collaborative art-making and creative appropriation. It's the artists' contribution to the ongoing conversation about remixing, mashups, copyright law, fair use, and the freedom of artists to access their culture in order to build upon it. Each year, the festival features performances, panel discussions, workshops, electronic remixing/hacking, sampling, film & video, fashion, DJs, technology, interactive installations, painting, sculpture, software, and much more.

Now in it's fourth year, RE/Mixed Media Festival is a hybrid event - a marriage of art exhibition and critical academic conference, a forum where artists, activists, scholars, musicians, writers, entertainment professionals, and policymakers come together to collectively re-examine the role of creative appropriation in the arts, and the roles of artists, government and industry in creating and maintaining a free and open culture.

RE/Mixed Media Festival IV is pleased to welcome media theorist Lev Manovich and author David Shields as keynote speakers, as well as the NY opening of DJ Spooky's international art and design exhibit, The Imaginary App. Other 2014 artists hail from 13 countries, and include 15 students, alumni, and faculty from The New School of Public Engagement's School of Media Studies and Parsons The New School for Design. Past artists and scholars have included Moby, Steinski, Ricky Powell, Ryuichi Sakamoto, Jesper Juul, Nitin Sawhney and over 150 other artists, performers, educators, activists, musicians and DJs.

Details:

   Saturday, April 26
      10 AM – 5 PM: The New School
         Theresa Lang Center and Dorothy Hirshon Suite: 55 W 13 St.
         The Auditorium at 66 W 12 St.
         Anna Maria and Stephen Kellen Auditorium, 66 5th Avenue.
      6 PM – 10 PM: CultureHub, 47 Great Jones Street

   Sunday, April 27
      10 AM – 6 PM: The New School
         Theresa Lang Center and Dorothy Hirshon Suite: 55 W 13 St.

NOTE: Registration and check-in will take place at Theresa Lang Center on both Saturday and Sunday.  See remixnyc.com.

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