Expand your perspectives in IP (if you are in NYC at least)

Copyright Digital Slider and the Spinner

As an die hard anthropologist, I never thought I would cavort so much with legal types. But given the nature of my project, it is pretty much impossible to avoid. Thankfully, the legal crowd dealing with digital issues, is pretty entertaining, interesting, and fun to listen to. And probably one of my favorite legal thinkers is coming to NYU to give a talk this coming Monday. If you are into this sort of thing and have not heard FVL speak, do make the time to join.

So in my first year Human Culture and Communication class we will soon be having a class on disability and communication. I wanted to show a video on eugenics to provide some historical context but I just found out that all decent videos (or ones that I have seen and thought were decent) have been pulled down.
The one I am looking for in particular is a 10 minute video by Liam Dunaway.

I find it beyond despicably pathetic that an educational video, under 10 minutes long, is not available for people to watch. For x’s sake, if one cannot easily circulate this type of video, whose whole purpose is to educate, why even bother make it? These are times when I find copyright completely totally, fully, and also absolutely ludicrous. If you are going to make a 10 minute video on a political/educational subject like Eugenics, and you don’t consider freeing it up, then there is something really contradictory driving your creative desires.

update: I wrote the filmmaker and got the word that someone had uploaded the video on their account and inappropriately connected himself to the video and so the film maker has uploaded the same video here

Since most readers of this blog are not fans of the DMCA, I thought you all might appreciate this terse and elegant insight about why the DMCA is such a failed law.

“The existence of the DMCA is an open admission that software has failure modes sufficiently severe that regulation by software alone cannot be trusted. The effectiveness of DRM software as a regulator is therefore dependent on the legal effectiveness of the DMCA … The DMCA creates a category of per se illegal software by outlawing programs that do certain things. But in so doing the DMCA aligns itself squarely against software’s plasticity. In making it illegal to create certain kinds of software, it tries to prevent people from taking full advantage of one of software’s greatest virtues: that software can do almost anything one can imagine.” James Grimmelmann in Regulation by Software, p. 1756

I have blogged about it before, but I will blog about it again as it is that cool: SISU. According to its author, Ralph Amissah, “Susu was born of the need to find a way, with minimal effort, and for as wide a range of document types as possible, to produce high quality publishing output in a variety of document formats.” And really what it does it makes reading on the web a whole lot easier. He can only throw up Free Material and so his options are a little limited but he has recently added Christopher Kelty’s Two Bits, making it easier to read than ever. We just finished reading a about 3 chapters of the book for my class (wish I had known about the SISU for my students but oh well, next time) and here is the latest entry from one of my students covering the birth and development of F/OSS and ending with some questions about Free Culture. Good stuff, if I can say so myself.

The students in my Hacker Culture and Politics have now been at the question of politics and ethics in the world of hacking for over a month. I think a pretty solid foundation has been built and now we are getting into much nittier grittier issues, like intellectual property law. The latest entry is on IP and provides an excellent sense of what we talked about and what we covered in class and in the readings.

I am excited to see the class blog develop, if nothing else, because it gives a pretty good sense of the topics we cover and what conversations we have. I used to find it frustrating to have classes literally vanish away after they were done and yet so much labor and time had been put in them! This type of blogging is important as it can provide a tangible and somewhat fixed medium for capturing and preserving what happened (and then free you from having to save boxes of notes that you can collect during college).

I know there were a number of times I really really wanted to recall something from one of my undergraduate classes, but since I had finally thrown away the big old boxes of notes and readings from those days, there was no place to look. It was just not practical to lug my boxes of notes from place to place, move to move especially when I only wanted to take a look every few years for maybe one thing. With this type of blog, there is a record of what happened for everyone to share.

That said, I am faced with a problem when I teach this class again. Since we provide what I think is a pretty decent account of what we are doing, I will most probably have to put down the blog for a period of time when I am teaching it again though of course the syllabus and readings will also change to some degree.

Although I doubt there are any French historians who read this blog, there may be a few IP historical wizards who can help me answer the following question about Denis Diderot, the editor and one of the main writers of the famous Enlightenment Encyclopedia, who apparently was a pro-copyright kinda guy.

According to this Carla Hesse article, Diderot, who participated in the emerging debates around idea of copyright, “argued that products of the mind are more uniquely the property of their creator than land acquired through cultivation” (Hesse, p. 34). She furnishes us with the following quote from Diderot that captures this moral sensibility:

What form of wealth could belong to a man, if not the work of the mind. If not his own thoughts … the most precious part of himself, that will never perish, that will immortalize them? What comparison could there be between a man, the very substance of a man, his soul, and a field, a tree, a vine, that nature has offered in the beginning equally to all, and which the individual has only appropriated through cultivating it”

My first questions is, if this is the case, did he differentiate between the literary efforts of, lets say a novel, which he wrote as well, and his Encyclopedia whereby the former would be eligible for copyright protection (as it has to do with personal thoughts and originality) whereas the later would not because it was less about originality and more about cataloging human affairs, actions, and knowledge (though of course it did require work of the mind). Another more simple way of putting this is: did he desire/seek copyright protection for the Encyclopedia?

It is also worth noting that a good chunk of the Encyclopedia documented the practical arts or in other words, craft. As Richard Sennet describes it in his amazing book on craft making as follows: “It volumes exhaustively described in words and pictures how practical things get done and proposed ways to do them” (2008: 90). Remember too this was a project of collaboration and he apparently collaborated with many scientists as well.

So the subject matter was a domain of knowledge whose utility, so to speak, could come to fruition if it had an ability to be passed on person to person, generation to generation. This makes me want to know even more than I do (and I do want to know) whether he viewed copyright as appropriate for a literary work that basically described the practical arts and which was also created through the hands and minds of many (though he did did seem to sweat and labor more than anyone else.). Any thoughts? Answers?

I want this book. The problem is I don’t want to pay $324.79 for it either. Looks like a great collection of essays. It has one of my favorite articles on the history of intellectual property by Carla Hesse, which you can download for yourself here.

In a mere 20 pages she conveys not only a general history of IP law in Europe and the United States,(which she actually makes riveting) but captures the philosophical contradictions and problems that have marked and marred IP as it has traveled from nation to nation and as it has grown in scope and depth in the last 200 years. I cannot recommend it enough.

I am a big fan of zotero as it has helped me manage my research, especially collect, tag, time stamp, and keep web pages that are likely to vanish. I can’t recommend it enough. I have yet to use its bibliographic functionality and apparently it is this functionality which has made it the subject of what what looks like a pretty questionable law suit.

It has been a while since a IP lawsuit has really caught my attention (only in so far as it was the same old thing, not because it was not important) but this one definitely has caught my attention (and caught me off guard as well as I never really associated End Notes with Zotero, in so far as they seem to work pretty distinctly). I am eager to see how an academic institution, George Mason in this case, will react. I just hope they stand firm and also get some great legal team to help out.