the day in DC

It was a great day in DC.

Public Knowledge had arranged the meetings, with members and their staff from both sides of Congress, and both sides of the isle. We met with the staffs of Senators Cantwell, McCain and Leahy, then met with Congressman Cannon and Boucher. And — at her request — we met with Congresswoman Bono.

It was a strongly positive meeting with everyone, though of course Congresswoman Bono started most skeptically. By the end, however, she demonstrated a genuine openness to the issue, and a willingness to consider the proposal. It is of course very easy to demonize the otherside. But after listening to her talk about both this and the Sonny Bono Act, her motivations seemed quite genuinely to be about securing to artists continued reward from creativity. Not a bad motivation, all things considered, if we can balance it with protection of the public domain.

Others began closer to where we were, and so we ended even closer to where we wanted them to be. Congressman Boucher agreed to join as a sponsor — so at least three good souls in DC.

The best part, of course, was Congresswoman Lofgren’s press conference, announcing the bill that she and Congressman Doolittle will introduce, and explaining the reasons. She gets it, and she is powerful and right in her explanation. We owe her a great deal.

Indeed, I had that thought about everyone we met today. This was a strange day of feeling Congress sometimes somehow might work. It’s very early, and we have yet to weather the criticism and opposition. And of course, if money lines on this one, we will not prevail. But every, from Members to staff, took this as seriously as anyone could hope. Let’s see what happens.

One point was clear however: The work of the petition was extremely important. At least one Member indicated to me that he/she had been made aware of this issue by someone signing the petition. Another member indicated they had heard from people who had signed the petition. The more of this we can build, the more likely it is that we can build enough support to prevail.

Stay tuned for the next stages. But thanks to Public Knowledge, and the 15k+, who have helped carry this idea one step closer to reality.

Posted in eldred.cc | Comments Off on the day in DC

blogs at college

Dave and the Berkman Center folks have been building a “user agreement for weblog hosting at Harvard Law, and a privacy policy. We hope it could become a template for other universities, schools, libraries, perhaps even businesses.” Comments and help invited.

Posted in good law | Comments Off on blogs at college

very good news

I have just arrived in DC, where I was planning on meeting with staffers on the Hill tomorrow to drum up support for the Public Domain Enhancement Act. We’ve got CD’s of all 15k+ of the signatures on our Reclaim the Public Domain petition to hand out. It was going to be a fun day (as fun as any DC day gets) in DC.

But we’ve now learned that Congresswoman Lofgren (D-CA) and Congressman Doolittle (R-CA) have agreed to introduce the bill into Congress. We’re having an event at 1pm tomorrow at the Capitol to announce this first step on a long road to Reclaiming the Public Domain.

Count this as great news, and spread the word: there are two great souls on Capitol Hill. I’ll see if I can find some more.

Posted in eldred.cc | Comments Off on very good news

fights among friends

“What you don’t understand, Lessig, is that your bullshit ‘open’ or ‘free’ types will never — NEVER — be able to compete with corporate organization. Squabbles-about-egos-pretending-to-be-about-the-merits can never be quashed. There is no one to say ‘enough, let’s move on.’ So every great idea that your type creates, we’ll just wait, watch, and then take. Always.” paraphrased from a conversation with someone from within one of the (how many are there?) largest proprietary code companies

Aaron has been trying to prove this skeptic wrong. See his plea and proposal here. I know from email early on that Dave too has the desire that progress be made. Let this be the proof that the skeptic is wrong.

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a gift from the public domain

John Laurence Poole runs Editions Poole. Editions Poole publishes piano ensemble “repertoire, specializing in transcriptions and eight hand piano music.” As a 4th of July gift, Poole is giving away a free arrangement of the Star Spangled Banner composed by John Stafford Smith and arranged by Leopold Godowsky. In return, he is asking people to help free more music by signing the petition to Reclaim the Public Domain. See his offer posted to rec.music.classical here.

Thanks, John!

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“common sense revolts at the idea”

Phil Greenspun has a funny (as in sad) story about the market rising because the public domain is being transferred to corporations. The hook is (of course) the Sonny Bono Act (Free Culture!), but then Phil tells this bizarre story about how Disney World has apparently succeeded in getting the airspace above Disney World assigned to it. As Phil writes,

>Ever since the dawn of aviation it has been held that airspace belongs to the
>public and is to be regulated for the benefit of all by the FAA.� This is what, for
>example, prevents the owner of a farm in Missouri from demanding that Delta
>Airlines pay him a tax every time they fly over his farm.�

But there is a relevant pre-history here that is useful to remember. Before “the dawn of aviation,” in fact, the law was that the owner of a bit of land owned not just the land, but all the land to center of the earth, and, as Blackstone put it, “to an indefinite extent, upwards.” (See pg 18 here).

This, of course, created a problem once the history of aviation was born. For obviously, if I own all the space above my land, then companies like United are just napsterizing my property as they fly above my land.

The Supreme Court finally resolved this matter in 1946. The Causby’s, North Carolina farmers, complained because military aircraft were causing their chickens to fly in panic to their death as they smashed into the walls. The Causby’s claimed “trespass” and demanded the military stop flying over their land.

The Supreme Court rejected the argument that airplanes trespass. As Justice Douglas wrote for the Court,

>[The] doctrine has no place in the modern world. The air is a public highway,
>as Congress has declared. Were that not true, every transcontinental flight
>would subject the operator to countless trespass suits. Common sense revolts
>at the idea. To recognize such private claims to the airspace would clog these
>highways, seriously interfere with their control and development in the public
>interest, and transfer into private ownership that to which only the public has
> a just claim.

“Common sense revolts at the idea.”

Where’s a good “common sense revolt[]” when you need it?

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it just gets worser and worser

Dan Gillmor nicely captures the truth around the emerging spam consensus in DC: A spam bill that will make it (1) harder to decline UCE from companies with famous logos, and (2) impossible to block UCE from spammers.

Posted in bad law | 1 Comment

presidential blogging II

So loyal Dean supporters have been emailing me about Howard Dean’s Blog for America, and indeed, it is a great blog. Simple, minimalist, with access to real content, and a nice blog roll of the scores of Dean blogs out there — but for the absense of a Creative Commons license, it is brilliant.

As is much in the doctor’s campaign. There is a passion and a clarity to Dean’s message which mixes well with the passion and, um, ok, just passion of the web. An extraordinary number have volunteered for his campaign because of the web. And Tuesday’s MoveOn.org primary will demonstrate any power that this means might have.

The experts say Dean can’t win. I’m no expert, so what do I know. So far I’ve only met the one man Karl Rove seems most afraid of — Edwards. As I’ve blogged, I think a great deal of the Senator. Indeed, he is the first politician to inspire in a very long time.

Edwards’ campaign is run by a bunch of experts. They resist the fads of the net. They have a fancy website that feels like a 4th of July commercial. There is relatively little direct contact. There is very little of a bottom-up feel.

That’s all part of the strategy, they say, and again, who am I to question it. The plan is that Edwards should place in the first two primaries. But because he will have more money than anyone, he will sweep the next 20. So going slow, saving resources, etc., is the strategy. And he is sticking to the plan.

That may be right. But I would think what the campaign against President Bush needs is the passion and commitment that is spilling out everywhere on the web — mainly for candidates other than Edwards. How much could it cost to open a channel to enable this bottom-up rally? How bad would it really be to give Madison Avenue a rest?

It just seems weird to me: between the son of a mill worker, and the son of an investment banker, which would you expect to run the populist campaign, in style if not in substance?

If it were mine to call, I’d build a million from the bottom up, focusing on values that are common to us all — truth (as opposed to lies); right (as opposed to wrong).

But what do I know. I’ve never won anything wonderful, save the love of the mother of our (soon to be born) boy.

Posted in presidential politics | 11 Comments

the scapegoats

If you have not yet, you should consider contributing to the RIAA scapegoats. Jesse Jordan‘s story is particularly extraordinary. He built a search engine for RPI’s network — one of a half-dozen such engines running at the time. Three-fourths of the files in the directory were not music files. Yet he was sued by record companies, demanding hundreds of millions in damages.

When they discovered that he had saved $12,000, they gave him a classic Sopranos-like choice: Either defend yourself in court (which would cost his family over $200,000) or pay us $12,000. He handed over the $12,000.

He, and some of the other student defendants, have set-up donation booths. Whatever your view about these issues, you should consider contributing. Whether or not the RIAA is right about the law, there is something deeply wrong about using the law to squash the likes of Jesse. He was not running Napster; indeed, he did nothing more than hack an improvement to an already existing search technology that existed in RPI’s net. Yet as the RIAA lawyers knew, it would cost him more to fight this suit than to settle it. So his defense would never get a chance to show that the law is not yet as extreme as the RIAA lawyers would like it to be.

Our legal system gives companies like A&M Records the power to do this to people like Jesse. We each, individually, by donating to these students, can help remove some of the burdens of that flaw. We all, collectively, should do something to change that legal system to remove that flaw. Soon.

Posted in bad law | 28 Comments

the freedom to tape?

I wrote this piece for CIO Insight, arguing that companies ought to let customers spy on their customer service agents. But I wonder: When you get a recording while on hold that says, “Calls may be monitored to assure quality assurance,” doesn’t the passive voice already authorize you, the customer, to tape as well?

Posted in good code | 11 Comments