-
Archives
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- May 2011
- March 2011
- November 2010
- October 2010
- August 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
- October 2005
- September 2005
- August 2005
- July 2005
- June 2005
- May 2005
- April 2005
- March 2005
- February 2005
- January 2005
- December 2004
- November 2004
- October 2004
- September 2004
- August 2004
- July 2004
- June 2004
- May 2004
- October 2003
- September 2003
- August 2003
- July 2003
- June 2003
- May 2003
- April 2003
- March 2003
- January 2003
- December 2002
- November 2002
- October 2002
- September 2002
- August 2002
-
Meta
Monthly Archives: December 2002
bookmobile brilliance
Richard Koman has written a great article about Brewster’s brilliant bookmobile. Continue reading
back in the …
It was twenty years ago that I visited my first communist country. In 1982, I trekked through most of Eastern Europe, and a bit of the Soviet Union. I can still remember well the terror at the border to East Germany, when guards searched every inch of my bags before letting me pass. They even forced me to remove my shoes! (The last time that happened to me was, well, I guess SFO.) A Russian woman on the train told me: “Don’t worry. As long as you stay on the path, you’re fine. It’s only people who slip off the path who fall into the abyss.”
“The abyss.”
I was reminded of that story on my last trip to a communist country. My wife and I just returned from China. The reminder, however, was not the behavior of the Chinese border guards. Indeed, getting through customs and onto a plane there is like it was in the US 20 years ago — relaxed, respectful, easy, and you even get to keep your shoes. I was reminded instead by the Portland airport story that has been popped in blog space. Stay on the path, and you’re safe. Slip, and you’re in the abyss.
People — on both the left and right — boil in this space about what’s happening outside. Yet outside blog space, there is just more of the same. The Times writes about Democratic hopefuls rallying to attack Bush for not making America safe enough. Wonderful. Who ever wins in 2004, we can be assured of more petty fascism to keep America safe.
Where is the candidate who asks: Must we sell our soul to win this “war”? Where is the political party that demands respect for principles that I thought were fundamental. If we must detain Arabs, must we do so inhumanely? If we must frisk every air traveler, can’t we at least build in checks to the system to assure that it is not abused? If we must fight to defend America, can it at least be America that we defend?
I’m all with Dave that this space will be the space for political action in the future. If only the future comes soon enough. Continue reading
Posted in free culture
Comments Off on back in the …
Peter Pan IS free
Two weeks ago at the Creative Commons launch, I tried to sell the virtues of building rather than suing. The reality is that we need to do both. As Stanford’s Center for Internet and Society has announced, we filed a lawsuit last week to defend the right of Emily Somma to distribute a children’s book that builds upon the story of Peter Pan.
Peter Pan was created by Scottish playwright James M. Barrie (1860-1937). The character was born in a 1902 book called The Little White Bird and then developed into the play Peter Pan, or The Boy Who Wouldn’t Grow Up, in 1904. In 1906, the section of The Little White Bird that originated Peter Pan was published separately as a book called Peter Pan in Kensington Gardens. Finally, Barrie turned his highly successful play into a book called Peter and Wendy in 1911.
All these works have entered the public domain in America. But because Barrie continued to produce works based on the Peter Pan story, the holders of those copyrights claim that there can be no derivative works using the Peter Pan character so long as those later works remain under copyright. (In England, by special law, the copyright for Barrie’s work is perpetual). Thus, the holders of Barrie’s copyright claim a perpetual right to control derivative works based on Peter Pan, even though the original work passed into the public domain.
Emily Somma, a Canadian, has written a wonderful children’s book, After the Rain, that uses some of the Peter Pan story, but for very different ends. Peter Pan, you might remember, is afraid of growing up. In Somma’s story, children rescue Peter Pan from this fear. Thus, like the best of derivative works, Somma’s story builds on the past, but does something different with it.
Yet Somma is now threatened with a legal action in the United States if she distributes her book in the United States, even though her work plainly builds on work that is in the public domain. This, we believe, is wrong. It is just one example of an important class of cases where current copyright holders demand the right to control the use of work that is in the public domain just because their work builds upon work that is now in the public domain.
Stay tuned for more news, or tune your reader to the CIS RSS feed for updates on the case. Peter Pan is already free. It’s time the law (and lawyers) to recognize it. Continue reading
Posted in eldred.cc
3 Comments
“Commons”
The Future of Ideas has been translated into Japanese. As sometimes happens, the translation improves the book. Not only is the title better (“Commons”, which the American publisher vetoed), but it also has a great and revealing introduction by the translator, Hiroo Yamagata. As always, the translator reveals as much about the work he translates as the world he translates into. Continue reading
Posted in eye
Comments Off on “Commons”
cc goes rss
We gave CreativeCommons a weblog and RSS feed this holiday season. It seems happy enough…. Continue reading
Posted in creative commons
3 Comments
on the permanence of cc licenses
There’s a wonderfully careful analysis of various CC issues at burningbird. Thank you. One point to clarify, however. CC licenses are, at this moment, at least, permanent, in the sense that the term is as long as copyright runs (and we’ll see whether that’s permanent or not soon enough). That issue was a tough one for us (I, of course, favor “limited terms”), and we’re eager for feedback on that issue.
But just because you can’t revoke a particular license doesn’t mean you can’t revoke the offer. If, for example, you offer content under a CC license for a month, and then change your mind, you can stop offering the content under that license. Anyone who accepted your offer while it was valid, of course, has a deal. But no one after you withdraw the offer can accept anymore.
Finally, my blog is licensed in the xml. Button coming soon. Continue reading
Posted in creative commons
Comments Off on on the permanence of cc licenses
speaking truth
Time’s choice of three who spoke truth is a welcome bit of wonderful news in this not so great year. How strongly the world yearns for those who have the courage to say what is right�straight, truthful talk. If only those who led understood this yearning. Continue reading
Posted in heroes
Comments Off on speaking truth
complex law, simple code
I missed a string of comments about CC licenses and software. Shelley raises some great questions. Here’s the problem. We’re trying to develop tools to enable people to express their preferences as simply as possible. We can’t do much to make the underlying law simple.
I’ve tried to answer some of the questions in the extended entry. But I’m afraid Shelley will be right again: The answers will only raise more questions. There’s lots here to work out, and we can’t do all the working out. Continue reading
Posted in creative commons
Comments Off on complex law, simple code
bad news on the eldred front
This is my co-counsel in the case, Jonathan Zittrain. An obvious mole. (A mouse like mole actually). No assessment of damage done yet. Continue reading
Posted in eldred.cc
Comments Off on bad news on the eldred front
Broadband wars II
If you want to get an idea about how bad the broadband future will be, you need only read this letter from the National Cable & Telecommunications Association describing how good (from their perspective) the broadband future will be. NCTA wrote this letter to the FCC to criticize a letter filed by the Coalition of Broadband Users and Innovators. This Coalition, which includes Microsoft and Disney, told the FCC that it needed to assure that broadband remain neutral�that carriers not be permitted to discriminate in the service they offer based on the application or content the user wants.
This letter from the Coalition was great and important moment in the debate about broadband. I’ve been critical of Microsoft and Disney in the past, but they deserve all the credit in the world for taking up this fight. If neutrality is lost in the broadband platform, that means the end-to-end design of the internet will be lost as well. And that would profoundly weaken the potential for innovation and growth on the network.
The NTCA letter confirms the worst. After arguing at first that they are providing neutral service anyway (a claim which itself is false: have you checked your TOS re: servers?), they then go on to defend their right to discriminate however they wish. And they defend it by pointing to Microsoft: If Microsoft is allowed to cut special deals with partners, why shouldn’t the cable companies?
The level of ignorance here is astounding. We are four years into this debate, and apparently the cable companies have yet to even understand the argument they are attacking. The difference between Microsoft bundling products at the edge of the network, and the cable companies bundling preferred service in the middle of the network, is the difference between an end-to-end network and the Ma Bell network the internet replaced. This letter confirms that the cable companies do not begin to understand the value of end-to-end neutrality. It confirms precisely the claim of the Coalition: that left to its own devices, the dominant broadband provider in America (slow and expensive though it may be) sees no reason in the world why it shouldn’t corrupt the basic internet design.
Robert Sachs, president of the NCTA, is an extraordinarily bright man. He is also apparently a very busy man, for there is no way he could have written the letter he signed. The NCTA should spend some more money hiring press people who have taken the time to understand the arguments they want to rebut.
Meanwhile, we, broadband users of America, need to wake up to the broadband environment four years of do-nothing-ness have produced. �Open access� has been a failure in the United States (though a total success in Japan, where competition has driven prices down and service up: 100 mbs at $50 a month); the cable companies are, as we said four years ago, the single dominant provider of broadband in America. Their service is slow; it is getting more expensive; and now they claim the right to corrupt the basic design of the network they increasingly own. My last book was pessimistic: It was not pessimistic enough. Continue reading
Posted in ideas
4 Comments