Showing posts with label Intellectual Property. Show all posts
Showing posts with label Intellectual Property. Show all posts

11/19/2009

Time for pCARL Time

Two years ago, frustrated at a nationally known amateur-writer holiday month thing that takes place in November, but whose name will not be spoke, I created my own little writer's holiday.

I know--creating your own holidays is one of the first signs, isn't it?

Basically, despite being a jerk and a general curmudgeon, I think that setting an arbitrary word count as a month long writing exercise is probably the least effective practice in writing. And the holiday aspect of it is equally silly. Writing a little over 1600 words a day is really not that hard. If you need help to write that much in a sitting, you might want to find a hobby that you actually like.

But I think there could be something in this annual, force-yourself-to-write in a new and different way (just if a "new and different way" is 1600 words in a sitting, then, well... you get it). So I invented pCARL: the psuedo-Creative Annual Ritual for Literature. As originally discussed, part of the charm is the name sounding like a marginal sex act. You can read more about it's traumatic birth here, in the FAQ.

The deal is this: in the month of November, the pCARLer will REWRITE a piece of literature they know, love, admire, hate, or otherwise have casually met. The only rule is that it must have originally been written by someone else.

The prototype is to rewrite the piece directly, word for word. With pen, woodblocks, keyboard, whatever. Of course, pCARL is not the sort of holiday that would get all up in your business by telling you exactly what to do. No! That is for other holidays with much less awesome acronyms. So, if you feel like getting creative with your rewrite process, for example, adding some of the things you think the author meant to say the first time around, but must have gotten accidently cut in the editing, go right ahead. The only rule is that the piece must have been written by someone other than yourself, and when you are done, will be somehow posts and shared, with the original author's name still given credit, albeit with the sub-title, "rewritten by ____."

It may sound stupid, and maybe it is. But once you have taken the trouble to actually rewrite something, you see the benefit. Also, maybe the benefit of doing it only once a year. Even to place an original text next to the keyboard, and bend your head to think about the letters of each word as they flow through your fingers, is good exercise. It's like reciting a Shakespearian monologue. The cadance of the text, and the shape of its symbols pass through your mind like a train through the countryside.

Sure, you can write pages of "original" prose. And you can reread the classics a lot faster than you can rewrite them, and gain more from the reading experience. But rewriting a text is like stepping into history; it's not going back into history, but like lifting the fibers of your historical view of the world and literature, and stepping inside, to see how things look from another vantage point.

The first year I did the first chapter of Melville's The Confidence Man. I don't remember what I did last year, but I think I did end up doing something (other than writing about it on the Internet). This year I re-wrote a section from Heidegger's Being and Time, into which I inserted my own comments about history, time, and the internet, and which I published as a post in conjunction with this one.

Part of the reason I did them together, is because the conclusions I drew from the passage, are relevant to pCARL itself. Clearly, this holiday does not avail itself to the stricter interpretations of what Intellectual Property is. But additionally, it casts the literary canon in a different light than simply paying for a book, and putting it on the shelf. It brings work into the present, into a state of literary being. The passage of Heidegger was written in 1926, but now it was also written in 2009. Maybe you prefer the '26 version better. It certainly will continue to be the "true" version that will be republished, and the next time I want to read the section in question, I will probably reach for the '26 as well. But nevertheless, because I am posting it on the Internet, the 2009 version exists, and will continue to exist. It was here, part of the present, and will remain so, though most-likely ignored. I'm sure I don't have to tell you how today we only know of many great historical works because they were mentioned in other commentary--all original copies being lost. I don't claim this will happen with Being and Time, but still, it proves a strange, dopplegangered existential quality for such referential work.

The original English translation of Being and Time was completed and published in the 60s. My physical copy is the Stambaugh re-translation, completed in the 90s. Translation is a form of re-writing, of course, and definitely suited to pCARL's mission. When I typed the text, I used the older translation, most of which is available via Google Books. Not all of it, however. Because of Google Books' innane "preview" deal, there was one "unviewable" page from the section in question. This renders the work nearly useless, in my opinion. Thanks, for nothing Google. But, since it is easier to retype something on the screen than a book in one's lap, I used the portion that was available, and then filled in the missing page from the Stambaugh translation. Among other fun pCARL experience, this laid differences in the translation bare. I was able to pick up the missing page easy enough (without using the standardized page numbers of the original edition), but I actually had some trouble figuring out where the missing page ended, because the wording was so different. Key phrases are translated differently throughout the text. The newer translation prints "Dasein" as "Da-sein", to better show the composite nature of the term. This gave me some clues, but when the sentences are completely transposed in the clause order, it gets difficult to tell what sentences are "equivalent". I left the language true to each version, but I did write all "dasein's" without the hyphen, just to keep it the same.

So have I violated copyright, or not? I used the publicly available, fair-use Google Books preview of one edition, and then supplemented it with a fair-use portion of another edition, with a totally different copyright. Or have I violated the copyright of the Heidegger estate? I don't think so, because I think 1927, the date of the first edition, renders it public domain. But this doesn't qualify further translations, with their own copyright. But then, isn't all of what I did fair use? I inserted more commentary than original text. Or maybe nobody cares. This is the Internet, after all.

Despite the hard-to-understand measurements of Intellectual Property, what I did was to create a segment point at which this text re-enters world-history. This text is canonical; it is historical. I have reinvigorated it's being in the present, by making it something both old and new. I have made it signify according to all four of Heidegger's listed significations of history, which I discuss in the post. Is it more historical now, or less? I'm not sure.

Regardless, pCARL will press onward, ever pushing to boundaries of what my mind and the Internet will tolerate, or completely ignore.

Forward!

5/12/2009

This Revolution Should Be Downloadable

You may have heard of Creative Commons, which helps us creative folks distribute our work in open formats. But here is Open Access, which is a similar proposal to not only distribute scientific articles in open-format, but also to maintain access via open, accessible databases.

Although they do not offer the different levels of protection as Creative Commons does, they do take it a step further by arguing that permissions are only half the battle. The database is equally important, or opening one's re-print permissions is no different from having a CC blog.

Here is their Open Access Publication Definition, pulled from the Statement on the Bethesda meeting on Open Access in 2003:

An Open Access Publication[1] is one that meets the following two conditions:

1. The author(s) and copyright holder(s) grant(s) to all users a free, irrevocable, worldwide, perpetual right of access to, and a license to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship[2], as well as the right to make small numbers of printed copies for their personal use.

2. A complete version of the work and all supplemental materials, including a copy of the permission as stated above, in a suitable standard electronic format is deposited immediately upon initial publication in at least one online repository that is supported by an academic institution, scholarly society, government agency, or other well-established organization that seeks to enable open access, unrestricted distribution, interoperability, and long-term archiving (for the biomedical sciences, PubMed Central is such a repository).

Notes:

1. Open access is a property of individual works, not necessarily journals or publishers.

2. Community standards, rather than copyright law, will continue to provide the mechanism for enforcement of proper attribution and responsible use of the published work, as they do now.


I like this for several reasons (besides the fact of its general opposition to intellectual property arguments).

1. It notes that "Open Access" is a distinction of the work itself--in other words, not the author, printer, publisher, or content provider. The work itself is denoted to be free and clear of copyright restrictions.

2. Related to the previous, "Open Access" does not mean that the work is free from copyright by its authors. You can copyright it, CC it, chisel it in stone if you want. All the denotation means it that the work itself must, in addition to whatever else, be available free, forever, and to whomever.

3. Furthermore, it specifically states that an Open Access Publication is available digitally. This is not a free-for-all, bootleg as you like permission. You can't print and sell copies. But it does this without the proscription of CC's "non-comm" category by taking advantage of the digital medium. By forcing it to be available "in any digital medium", it is by substantial fact making it free, un-controllable by material means such as DRM or anything else. "Any digital medium", means, materially, free and endlessly distributable.

This is perhaps the most important feature of the statement. In an essay I wrote about digital reproduction and intellectual property, I argued that the change digital reproduction engenders to our material conditions is forcing us to consider "property", and accordingly, labor, in new ways. Open Access takes this principle up directly by not simply stipulating that a work is "free property", in the form of Creative Commons, which despite intentions, still recognizes the material fact of intellectual property as a form. On the contrary, Open Access does an end run around old-form notions of property by defining a new sort of property: it takes digital reproduction as the de facto material process for its publications, because if information must be available in digital form, it is simply inconceivable that the content could be owned as property in the old way. You want to print journals? Fine, make a business of it, go wild. But if you want to publish, it better be Open Access, and therefore, digital.

4. Which leads to the fourth point. By taking this approach they are ignoring the form of production entirely, and focusing on content. If a document is available in any digital format, it cannot really be formatted or typeset. The goal is the propagation of the information: plain text. As a writer, printer, and publisher, I abhor plain text. Typesetting is part of the art. But these are scientists, and they are interested in the conclusions of research--publications, not publishing. And so, through this selective targeting of text via the material conditions of information reproduction, they are absolutely brilliant in crafting this definition. They allow authors and publishers to retain any rights they want, as long as it is available absolutely free, digitally. This should in no way impact publishing. People who want to read books, subscribe to journals, and collect first editions can go on doing so. But the people who need access to the information, like students, researchers, historians, database compilers, and etc. will have all of the text for free. They are drawing a line between published materials, and digitally-available text, and are doing so clearly, distinctly, and concisely.

5. The second half of the definition deals with the digital access--which is the current issue, in my opinion. Copyright is dead; that fight is over. Of course, there are still partisans out there in them hills, but everybody knows we're not going back to the pre-mp3 days. The fight currently, is one for access, which could potentially be more complicated. The Google Book controversy, for example, is exactly what's important these days. All books will be scanned eventually, and I don't think anyone has a problem with that. The big deal is not that the books will be scanned, it is that Google will hold the keys to the library. Of course, they've made many homages and odes to the "ease" with which content rights holders will be able to "manage" their works through a no-doubt free Google app. But who are you going through to manage your rights? Google. Who has control the second your rights lapse? Google. Who controls who gets to access, and more important in the days of masses of content, when and at what rank? Google. Google is shaping up to be the Amazon of digital books, because they are doing what Amazon did right the first time--be the paradigm of digital access to ____. Amazon chose print books, and "look up something on Amazon" is the Internet-synonym for the common task of finding something the way the all-mighty search engine is for search. Amazon chose wrong with Kindle, because they still thought digital content was the same as print content (DRM). Google choose correctly, betting there would be much more money in free content than in paid. Which Napster was popular, the old, illegal Napster, or the new, crappy subscription service Napster? And Google Book Search, it is becoming increasingly clear, will remain legal. The problem is, the analogy to Napster is not true, because with Napster you could download your mp3, but with Book Search it's all on the Internet. Cloud based, in this case, means you don't actually own the material, you simply get to stare at it from the ground. And the best and only view is on Google's grassy hillside.

Hence, the requirement in part two of the definition of Open Access, stating that the publication should be "deposited immediately upon initial publication in at least one online repository that is supported by an academic institution, scholarly society, government agency, or other well-established organization that seeks to enable open access, unrestricted distribution, interoperability, and long-term archiving". Google likes to pretend it is an academic institution, scholarly society, and maybe even a government agency, (Always look to the future with a fear of the feet of the giants of today!) but it is none of these things. "At least one" is the key. Does Google Book Search allow you to copy one of their works to another database? Why not? Because controlling digital media is about controlling access--the work itself does not matter. Open Access has realized this next fight, much as Google has, and is putting itself on the side of information's freedom.




So, I like this Open Access. It's a major step forward, not just for science (the importance of which for humanitarian goals is immediately obvious), but for property theory in general. We are moving towards a new conception of property and labor, and this is a part of it.

That said, I don't think I am ready to contribute any of my work to Open Access, as a writer. A good amount of my writing is available online for free, via CC non-comm (see the bottom footer of the blog, for example). But to let it completely out of my creative control, I'm not quite ready. Then again, this blog has only been in existence for a little over two years, and anything I would consider "publishable" has been written in about the same time period. Maybe once it's aged a bit, I will feel differently. Also, if I had a teaching job paying the bills, I might be totally fine with giving the fruits of my "research" out for free and letting it completely out of my control. Who knows--time will tell.

The one thing I'm sure of, is that standards like Creative Commons and Open Access have definitely helped me move in the direction of a new relationship towards my production and my product, both intellectually, and to its actual physical/digital incarnations.

5/09/2007

Playin' With Propaganda

So the world is abuzz with indignation about Hamas' use of a very familiar MouseHead to sell their politics on TV. The Washington Post took a typical stance against it, doing a disservice to unbiased media reporting everywhere by quoting the Israeli-core Palestinian Media Watch in saying this use of MouseHead takes "every opportunity to indoctrinate young viewers with teachings of Islamic supremacy, hatred of Israel and the U.S., and support of 'resistance,' the Palestinian euphemism for terror." Whoa. Maybe propaganda directed at children, the "most impressionable audience" according to the Post, is going a little too far.

Or maybe what everyone is actually upset about is copyright infringement. This is the age of intellectual property, after all. And using MouseHead as propaganda to children is proprietary. We ownz that, Hamas. We can't have children listening to a MouseHead that doesn't have US inside it.

As anyone who knows the history of images can tell you, Mickey Mouse has been fighting for our side since the old days. He fought the original Nazis.

(Click on Cartoon for larger view. Note: the number 23 juxtaposed to the swastika on the Nazi's hat proves that not only is Disney owned by the Illuminati, the Illuminati were against the Nazis. A subject for another post!)
Pluto also bit the bad guys. Find more adventures of big-eyed animals thwarting Fascists here.

And Disney was hardly the only animation studio to be drafted into nationalist service.

Check out Superman fighting the Japanese, and Bugs Bunny training soldiers.

My all time favorite cartoon ideologue is definitely Donald Duck. Maybe it is because so many modern propaganda merchants sound and act a lot like Donald that I find it so apt. Or maybe it is because seeing Donald wearing a Nazi Uniform, even in jest, just touches me somewhere only Michael Savage can.

While I couldn't find the actual videos anywhere online (although hardly an exhaustive search, I know they are out there as I have seen them before) I found this article that provides some good images and detailed description of the relevant episodes. The best is definitely Der Fuehrer's Face, (image to right) in which Donald dreams that he lives in "Nutzi" land, and is forced to work in a factory making munitions (they obviously don't force workers to make weapons in any other countries) and to salute a weak-kneed Wagnerian Hitler. You also get the titular song, which I believe was quite a hit during the WWII period, featuring all the poignant critique of Nazi ideology that a fart-noise can provide. Don't worry Donald, it was just a dream! You really are a member of the greatest generation!

So look it up, Hamas. America owns the intellectual property of propaganda. No children are going to get their minds adjusted except for our kids, 'cause we adjust them right! Right!

Hmm. Well, I think regardless our children's minds are poisoned beyond all repair. If it's not the mercury content of their tuna salad, then it is Laguna Beach. Personally, I like Voltron. Firing your lion hands into an evil robot to blow it into space is a moral lesson I think we all can agree on. From now on, I decree that no child of the earth shall watch any TV other than Voltron.

I also decree that the Washington Post shall be forced to take a nap until it is ready to play nice with the rest of the children.

5/02/2007

4861636b2074686520506c616e6574

I thought I was post this little story thread since the other day I posted about Jack Valenti and the Digital Millennium Copyright Act.

Daily tech calls it "the first internet riot", which I kind of like, actual substance aside. (that link is the original article, which I largely used as the source material for this post. Intellectual property that!)

Basically what happened is that Digg.com was pressured to remove articles from their service that posted information about the encryption key for HD-DVD and Blue-ray discs that was recently discovered by some clever hackers. Other people had cracked discs separately, but this guy ended up figuring out the primary key, merely through watching what his computer was doing while it was doing it. (A bit more complicated than watching your car running with the hood up, but basically the same idea.)

The primary key, in all of its hacking glory, looks like this:

09 F9 11 02 9D 74 E8 5B D8 41 56 C5 63 56 89 C0

That's all! Some hexadecimal values, is all. This is the primary key that makes it "impossible" to rip both formats of high-definition DVD. With this, you can upload as many copies of Walking Tall in HD to the internet as you like. Somebody was paying attention to the product, and figured out how to take it apart. (note: I've changed a couple digits so it actually NOT the code... no need to get myself in any legal troubles. Besides, you can find the actual key just about anywhere now. The point is that it is 32 characters in order.)

However, in 746869732079656172206f66206f757220696e7465726e65742032303037, (hexadecimal for "this year of our internet 2007"), posting these 32 characters through the site garnered a cease-and-desist order for Digg.com from shadowy corporate lawyer figures. The website did what any injunction-fearing website would do, and took the material off-line.

But the users responded, and 50,000 people "digged" it, (whatever that really means) and thought up perhaps childish but I still think amusing ways of replicating those malignant 32 characters in a variety of posts.

So the website--bless them, O gods of Interdome--realized that their users were angry, and caved to the only thing more powerfully than a threat of legal action: a threat of reduced hits and bad press. Now it's back up, and Digg.com is proudly saying "boo" to power.

Not a very big deal, I guess. But, it is yet another poignant example of the ridiculousness of these internet times. The DMCA makes those 32 characters illegal. Almost as stupid as prohibition, or the war on drugs (or other wars against concepts). Sure, those companies now have all their DVDs pirated. But as long as they keep inventing new technology, someone is going to figure out how it works. It's evolution, baby. This happened before with DeCSS, and that was a 1811-digit prime number. And it will happen again. Once it is discovered, there is really no point in making it illegal. Besides, you end up looking life a fool for trying to outlaw a number. You can't make a number illegal, no matter how many laws you write.

This is the new information age version of the bomb-throwing anarchist (our history lesson from yesterday). Is hacking "morally defensible?" I don't know, and frankly I don't care. But the fact is that if you have a world made of information, and some people try to manipulate that information to make money, others are going to throw a wrench in the system. Capitalism can either adapt, like it did to unions, or it can try to stop the mutating force in society with laws, only to look foolish and eventually lose. The adaptation is already happening, because being a successful hacker can often get you a six-figure salary at an internet security company.

But I just like to sit back and watch the ants dance.