And a HUGE victory for the Stanford CIS

So it’s Saturday morning here in Australia, and I’m reading my email in reverse order. First the fantastic news about PublicKnowledge. Now this: The Stanford Center for Internet and Society has won an important case about anonymous speech. An anonymous participant in an online chat posted comments critical of Ampex and its chairman. They sued for defamation. The poster sued under the California anti-SLAPP (strategic lawsuit against public participation) statute. Ampex tried to dismiss and run away. The Court of Appeals ruled at first that there remeained anti-SLAPP jurisdiction. The District Court then refused to award fees. The Court of Appeals has now reversed the District Court and ordered fees. The case was argued by a law student. It will have an important effect in stopping the abuse of process against online critics.

Posted in good law | 5 Comments

A big slapdown for the FCC (and maybe another coming?)

The American Library Association, with the help of PublicKnowledge, has won its case challenging the FCC’s Broadcast Flag regulation. The opinion is here and fantastic.

PK had to pay for the lawyers to litigate this case. This is a big victory. Supporters should consider returning the favor with some support.

Posted in good law | 7 Comments

Advice taken

We read; we’ve discussed; we’ve lost sleep; we’ve decided.

First, thank you. Thank you Suw for calling on us to account. Thanks to everyone else who added their view, both supportive and critical. What we started, you’ve taken as yours. There’s no greater compliment than this: the criticism of friends. This discussion has been extraordinary. It has been extraordinarily helpful to me. Thank you.

Second, thanks to BzzAgent. We didn’t seek them out. They asked to help. We are grateful for help. I don’t share the view of some that BzzAgent is evil. Words like “creepy” are unfair weapons in any fair rhetorical fight. I hate most marketing; I hate the models of most marketing; I think we should be encouraging experiments in spreading a message, and learning what’s heard. That, in my view, is BzzAgent’s model. And so long as they adhere to certain fundamental values — transparency being the most important — I think what they’re doing is just fine. I would certainly reconsider the friendship if a friend tried to sell me on an idea or product without revealing that he was a BzzAgent. But when friends who work at Microsoft defend Microsoft’s latest, or friends who work on a political campaign ask me my views on a particular ad, “creepy” is not what I feel. We all live different lives; some of us are lucky enough to work for people, or companies, or candidates we believe in. It would be a weirdly prudish world if we weren’t allowed to share our views with friends, just because those views are inspired by, or correlate with, or benefit, our employer. Disinterested is uninteresting. And we are all intelligent enough to deal with interested views.

Third, I am sorry for the bile that has been spilled across the wires about this. I wish we could learn to do this less. Dave Balter was wrong to respond to Suw as he did. He has recognized that, and he has apologized. His apology was not clear enough at first; it is clear enough now. He was, as he now acknowledges, out of line to bring the word “liar” so close to Corante.

But as disappointed as I was when I read his post, I recognized the response. Balter’s an entrepreneur. Every good entrepreneur comes identify with his or her company just as a parent identifies with a child. You imagine your reaction if someone published false things about your child, and you can begin to understand Balter’s response to all this. It wasn’t a productive response; it was poorly calculated. But in that, it revealed the integrity of his own commitment to his company. I have made similar mistakes many times. And I knew this mistake as a child. My dad was an entrepreneur. He gave a huge part of his life to his company. He was as sensitive about harm to it as he was about harm to me. Not out of proportion. But even within proportion, anger is a understandable response. Balter is giving a huge part of his life to build something. No doubt, like all of us, he wonders whether he his giving more than he should; he wonders whether what he gives will be enough. And so when criticism happens that he believes is unfair, rage is not the right response. It is just the human response. Were Balter the evil marketeer some suggest he is, then the raw and true lash of his post would never have made it out of the “brainstorming” room. Instead, the polished, and sterile response of every company managed by managers would have displaced the true reaction of a founder. Balter was wrong. He apologized. We should understand, and respect, the humanity in each.

Forth, and for all the extremely powerful reasons these discussions have mustered, we were wrong to use this tool to spread our message. This is not, again, because BzzAgent is evil. It is not because it shouldn’t be used to spread any message. It is not because understanding achieved through networks of humans is worse than the understanding produced through a survey. It is instead because this way of spreading our message weakens the power of our message.

Creative Commons, as you’ve reminded us, is a movement. Its aim is to get creators to take responsibility for the environment (as our founder Jamie Boyle puts it) of creativity that we live in. It gives artists and authors free tools with which to mark their creativity with the freedoms they intend their creativity to carry. These tools help creators say something. With them, creators stand in the space between the extremes of “All Rights Reserved” and “No Rights Respected,” and they say, this space is right.

Creators who do this do so, I hope, because they believe an environment of balance is better than an environment of either extreme. They thus mark their work with a sign of that balance. But it is critical within this economy that they do this voluntarily. That they join because they believe.

If there is power in this movement, it comes from this volunteer economy. That doesn’t mean we won’t pay people to work for us; it doesn’t mean we don’t think people should be paid for their work. What it means is that we can’t dilute the meaning of what it says when someone says, “I’m a commoner.” (I’m sure no one ever says that, but you know what I mean.) Authenticity is essential. The power of the authentic act — an artist giving up remix rights; an author allowing her book to be shared freely — is the power that makes this movement grow.

That authenticity is not jeopardized, I believe, by the fact we have (a small number of underpaid) employees at Creative Commons. No one here is doing it for the money. Nor is that authenticity jeopardized when a company “partners” with us (though again, none of our “partnerships” are partnerships in the traditional sense): Everyone understands companies are paid to pick winning strategies; when they align with us, that simply reinforces our strategy. But I have come to agree that that authenticity would be jeopardized by messengers whose message is mixed. If BzzAgents do as their rules require (ie, reveal their affiliation) then the person who hears their message wonders: are you saying this because you believe it, or are you saying this because it will earn you a reward? And if it is the reward, then where is my reward? What’s my cut?

We of course believe there is a reward — to creativity in general, and creators in particular — from experimenting with different ways to make creativity available. But when someone sells you on that idea, we don’t want there to be any doubt about why you are being sold. The meaning of the messenger, and hence the message, is unambiguous only if the motive of the messenger is unambiguous as well.

If I had cars to sell, or the meaning of a brand like “Nike” to understand, or if I were the head of the Red Cross, I’d be eager to experiment with the tools BzzAgent has built. Success for those enterprises turns on something different from belief. But if I were the Pope, or a candidate for the Senate (and the chances of me being either are precisely equal), then I’d need something more than persuasive argument in my messengers. As with Creative Commons, I’d need there to be no uncertainty about the meaning of their being a messenger.

So what will we do instead. BzzAgent’s idea was a good one. We need to spread our message beyond the communities in which it now lives. And so we need a structure to help achieve that spread. This structure must be consistent, in means and ends, with the who we are. It will need volunteers, and ideas, and energy to make it work.

We don’t know what that looks like yet. We think we want to steal Firefox’s “spreadFirefox” idea. But we’re not yet sure. So we’ve launched a wiki to begin the discussion. We’d welcome advice from anyone — including BzzAgent. How do messengers message best? How can we learn something from their encounters? What tools can we use that do more than they cost? What places should we take our message? These are the sort of questions a campaign manager answers in a political campaign. We need them answered for us. And so we’ve begun the process to figure this out, and once we’ve groked it, we’ll build it.

But in all this, you that have taken what we started and made it yours, you need to help. We need broader public support, or support in a broader public. You need to help us make that happen. Part of that help happens in this space. But it is extremely easy to live life in the opinioning fields, and never live life face to face. It is fundamental mistake of all modern politics: mediation. We need something more than mediating structures (whether blogs, or newspapers, or television). We need people who look people straight in the eyes and say, this is a good idea, and you should try it.

You all know how hard that is. It is so much easier to hide behind these virtual walls. But our movement needs just what BzzAgent wanted to give us: arguments in the flesh, and not just on the screen. You’re right that we need that from the truly authentic rather than the ambiguously authentic — a million Cory Doctorow march rather than buzzing “agents.” So help us build that — by continuing to call us on mistakes, and just as importantly, by doing what you say BzzAgents should not.

Posted in creative commons | 37 Comments

Bzzzz: seeking advice

Creative Commons recently launched a relationship with BzzAgent. The blogs were not amused. See Corante, Corante_II , Corante III, Just a Gwai Lo. BzzAgents has now responded poorly, calling Corante “liars.” As I’m partial to Corante, I’d be willing to ask CC to pull the relationship on the basis of that bad judgment alone. But I’d be really keen for some feedback.

Here are the facts to keep in mind:

(1) This “partnership” (like all our partnerships) is pro bono: CC doesn’t get or give money in these commercial contexts.

(2) The aim of the partnership is to extend our work offline. The vast majority of BzzAgent action occurs offline.

Thanks for the help.

Posted in creative commons | 140 Comments

the great work at duke re: Orphan Works

docfilmchart.jpg

The good folks at Duke have put together this cool chart on documentary films.

Posted in free culture | 1 Comment

a question for jay

So here’s a genuine question about journalistic ethics that I’ve gotten different feedback about:

Imagine:
(1) that a regular reporter at a major publication writes an article that with some length, but in passing, describes X,
(2) that the report is factually and fundamentally wrong,
(3) that X complains to the reporter, and publication about the mistakes, but
(4) no correction follows,
(5) then the reporter asks to write an “in depth report” about X,
(6) and the publication authorizes it.

Given 1-4, is 5 or 6:

(a) common
(b) unremarkable
(c) odd
(d) bad business
(e) unethical

My sense is at least (d): if the report is generous, it seems a way to make up; if the report is critical, it seems grudge journalism.

Journalists?

Posted in genuine questions | 16 Comments

has any ever blogged over Godthab before

So at 11,000 meters, on a Lufthansa A340, just over Godthab, I am posting this entry, using airplane wide WiFi. It is fantastic. Not terribly fast (about 300 kbs), and not terribly cheap ($30 for a 12 hour flight). But I guess this is the future: yet another space where IP runs.

Posted in good code | 8 Comments

Happy Birthday, Free Culture Movement!

hb.jpg

One year ago — April 23, 2004 — about a hundred students gathered at Swarthmore College to begin “an international student movement to free culture.” (Dan Hunter described the event in LegalAffairs). The event was organized by the students who had sued Diebold after Diebold sued them. The movement now has about ten chapters around the country.

Happy Birthday, Free Culture Movement! Creative Commons has a present that we wanted to announce today. Bizarrely, we’re still waiting for the license. More soon (we hope).

Posted in free culture | 28 Comments

Campus Progress on NYPL event

Campus Progress has a report including some audio from the event I did (first time I’ve ever been embarrassed to use the word “gig”) with Tweedy and Johnson at the NYPL.

Posted in good code | 8 Comments

MetaBrainz launches to support MusicBrainz

MetaBrainz, a nonprofit foundation, was launched today to support the user maintained music database project MusicBrainz. Yet another reason for Joi to be in California.

Posted in good code | 1 Comment