Monthly Archives: September 2005

finally, progress

So I spend most of my life reflecting on how little progress I’ve made in the stuff I feel most strongly about.

But now, finally, some progress.

Dick Hardt is brilliant. Watch (and copy) the style. Learn tons from the substance. (My pride is tied to the style only). Continue reading

Posted in heroes | 11 Comments

Network Neutrality: More on the economics

Barbara van Schewick has a fantastic new paper about the economics of network neutrality. As she nicely demonstrates, there is a severe threat of discrimination without network neutrality regulation, and that discrimination will reduce application-level innovation. van Schewick’s work is not funded by any of the special interests involved in this issue — nor is it sponsored by the “independent” think tanks that are funded by the special interests involved in this issue.

Grab the pdf here. Continue reading

Posted in good code | 3 Comments

lisa’s songs from the commons

songs from the commons

Lisa Rein, who helped us frame and get Creative Commons going, has launched series on “Songs from the Commons” — this week on my favorite topic, copyright term. Continue reading

Posted in good code | 3 Comments

here they go again

WIPO’s latest destructive regulation: The Broadcasting and Webcasting Treaty. Jamie Boyle nails it.

CPTech has an action page. So too does the EFF. Continue reading

Posted in bad law | 7 Comments

Google Sued


Google has been sued by the Authors Guild, and a number of individual authors. This follows similar threats hinted at by the American Association of Publishers. The authors and the publishers consider Google’s latest fantastic idea, Google Print — a project to Google-ize 20,000,000 books — to be “massive copyright infringement.” They have asked a federal court to shut Google Print down.

It is 1976 all over again. Then, like now, content owners turned to the courts to stop an extraordinary new technology. Then, like now, copyright is the weapon of choice. But then, like now, the content owners of course don’t really want the court to stop the new technology. Then, like now, they simply want to be paid for the innovations of someone else. Then, like now, the content owners ought to lose.

This is the best case to illustrate the story I told at the start of Free Culture. Property law since time immemorial had held that your land reached from the ground to the heavens. Then airplanes were invented — a technology oblivious to this ancient law. A couple of farmers sued to enforce their ancient rights — insisting airplanes can’t fly over land without their permission. And thus the Supreme Court had to decide whether this ancient law — much older than the law of copyright — should prevail over this new technology.

The Supreme Court’s answer was perfectly clear: Absolutely not. “Common sense revolts at the idea,” Justice Douglas wrote. And with that sentence, hundreds of years of property law was gone, and the world was a much wealthier place.

So too should common sense revolt at the claims of this law suit. I’m an academic, so this is a bit biased, but: Google Print could be the most important contribution to the spread of knowledge since Jefferson dreamed of national libraries. It is an astonishing opportunity to revive our cultural past, and make it accessible. Sure, Google will profit from it. Good for them. But if the law requires Google (or anyone else) to ask permission before they make knowledge available like this, then Google Print can’t exist. Given the total mess of copyright records, there is absolutely no way to enable this sort of access to our past while asking permission of authors up front. Or at least, even if Google could afford that cost, no one else could.

Google’s use is fair use. It would be in any case, but the total disaster of a property system that the Copyright Office has produced reinforces the conclusion that Google’s use is fair use. And for all those people who devoted years of their life to defend the right to p2p file-sharing — here’s your chance to show what this battle is really about:

Google wants to do nothing more to 20,000,000 books than it does to the Internet: it wants to index them, and it offers anyone in the index the right to opt out. If it is illegal to do that with 20,000,000 books, then why is it legal to do it with the Internet? The “authors'” claims, if true, mean Google itself is illegal. Common sense, or better, commons sense, revolts at the idea. And so too should you. Continue reading

Posted in bad code | 95 Comments

try^d’s first album


Try^d’s first album is now up: title – Public Domain. Available through Opsound and on their site. Continue reading

Posted in good code | 6 Comments

“OpenCongress” as in not about Congress

The name confused me at first, but only because of blind US-centrism. “OpenCongress” is a site for researchers studying “how methodologies derived from Free/Libre and Open Source Software [FLOSS] production can be deployed by those working in the area of art, visual culture and cultural production in general.” Continue reading

Posted in good code | 2 Comments

OECD on scientific publishing

I’m about half-way through this new OECD report about scientific publishing. I don’t believe it is out on the OECD site, so consider this an advance copy. Continue reading

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Moderates on Radicals


Guest blogger Cass Sunstein was on NPR’s Fresh Air (the one show I’d cheat to get on) about his new book, Radicals in Robes. He didn’t want me to mention it, but I don’t listen (to him; I listen to NPR).

UPDATE: Apparently, while Senator Hatch has had a chance to read Cass’s book, Judge Robert’s has not. Continue reading

Posted in good code | 6 Comments

gifts from the other side

O’Reilly’s “moral to the story” of the Katrina disaster is a perfect plan for the opposition. His basic message: see, this shows government doesn’t work, so don’t rely on it. The response it invites: see, this shows how we need to make government work. Government has failed. Must government fail?

(Meanwhile, Fox had some fantastic reporting on all this. Gone were the sycophants in the field. Here are two great examples, snipped from a fantastic article at Salon. (Thanks, Lauren.)) Continue reading

Posted in politics | 26 Comments