Why PROTECT IP Will Fail: Cultural Acceptance, Not Fear Of Punishment, Makes People Abi... - 0 views
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This new proposed law is a terrible way to try to solve [infringement]. Its passage would only drive the culture further yet from any respect for the rule of law as it applies to intellectual property. But if Big IP hasn't figured out yet that it is cultural acceptance of legal norms, not fear of punishment, that makes a free society a law-abiding one -- if Big IP doesn't understand what the de facto attitude of consumers regarding copyright has already become, and where it is already going -- then heck, maybe at this point the law professors and the rest of us should just let Congress already go ahead and give them enough rope.
This is the key point that many of us have been trying to drive home for years. It's the same key point that the SSRC report made in pointing out that "enforcement" and "education" are simply not strategies that work. And that wasn't based on theory. It was based on years and years of detailed research. And yet, to the industry and to the government there seems to be only one single tool in the box for dealing with the challenges of infringement: to scare people. But that only works if people are stupid. And we now have plenty of experience in recognizing that people don't culturally accept the claims of the industry on this issue, and no amount of threats and punishment are likely to change that.
How Copyright Lobbyists Are Making The Child Porn Problem Worse | Techdirt - 0 views
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But more emotionally, we turn to a German group named Mogis. It is a support group for adult people who were abused as children, and is the only one of its kind. They are very outspoken and adamant on the issue of censoring child pornography.
Censorship hides the problem and causes more children to be abused, they say. Don't close your eyes, but see reality and act on it. As hard as it is to force oneself to be confronted emotionally with this statement, it is rationally understandable that a problem can't be addressed by hiding it. One of their slogans is "Crimes should be punished and not hidden".
This puts the copyright industry's efforts in perspective. In this context they don't care in the slightest about children, only about their control over distribution channels. If you ever thought you knew cynical, this takes it to a whole new level.
The conclusion is as unpleasant as it is inevitable. The copyright industry lobby is actively trying to hide egregious crimes against children, obviously not because they care about the children, but because the resulting censorship mechanism can be a benefit to their business if they manage to broaden the censorship in the next stage. All this in defense of their lucrative monopoly that starves the public of culture.
Project MUSE - Cinema Journal - Living in a Den of Thieves: Fan Video and Digital Chall... - 0 views
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In particular, it commemorates the practices of online media fan communities: female-dominated networks that cohere around affective investments in media properties and that produce and share textual, visual, and video art that is based on "their" TV shows or films.
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"den of thieves,"
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For most vidders, valid fears of not being recognized as owning the product of their recombinatory labor—often, as in Russo's case studies, perceived as an undifferentiated feature of the online "public" domain—are of more concern than whether their disregard of copyright is likely to usher in new forms of digital ownership. Many valid arguments for the righteousness of Lim's artistic production leave intellectual property laws intact, insisting that the geek girl poses no threat. Putting transformed images to music [End Page 131] in a new order creates a new artwork worthy of recognition, and (as Hellekson outlines and De Kosnik challenges) Lim does not profit from her production. These arguments have been publicized by the Organization for Transformative Works (OTW), a non-profit organization of media fans who work for "a future in which all fannish works are recognized as legal and transformative and are accepted as a legitimate creative activity."4
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Knock it off: Global treaty against media piracy won't work in Asia | Full Page - 0 views
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That's because in Asia, "intellectual property" as we think of it is an alien concept, recently imported from the West and hastily transplanted with limited success at best.
"It's almost like there's an institutional disrespect for copyright in Asia," says Seung Bak, cofounder of the video streaming startup DramaFever, which brings free, English-subtitled Asian television to U.S. audiences. "People feel like, 'If I can't touch it, why should I have to pay for it?'"
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But Lam points out that things are fundamentally different now. For one, hardware used to be differentiated by where it was manufactured.
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You have name-brand stuff and knockoff stuff being made side by side, maybe even coming off the same assembly line."
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Project MUSE - Cinema Journal - Should Fan Fiction Be Free? - 0 views
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This situation deserves scrutiny, especially because fan fiction is becoming [End Page 118] increasingly visible to non-initiates through major media outlets in the United States and the United Kingdom, indicating that the genre is moving away from the margins of American and British culture
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The mainstreaming of an alternative form of cultural production is nearly always synonymous with commercialization;
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Over the past decades of sharing their transformative works, fan fiction readers and writers have generally felt wary of commodifying a form of cultural production that is essentially derivative and perhaps subject to copyright infringement lawsuits.
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Excludability - Wikipedia, the free encyclopedia - 0 views
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An architecturally pleasing building, such as Tower Bridge, creates an aesthetic non-excludable good, which can be enjoyed by anyone who happens to look at it. It is difficult to prevent people from gaining this benefit (although people have tried, by forbidding amateurs from taking photographs of certain sites [1]).
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The ease and availability of file sharing technology has made many forms of information, especially music, films and ebooks non-excludable, often to the disagreement of the content producers.
Rivalry (economics) - Wikipedia, the free encyclopedia - 0 views
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In economics, a good is considered either rivalrous (rival) or nonrival. Rival goods are goods whose consumption by one consumer prevents simultaneous consumption by other consumers[1]
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Most goods, both durable and nondurable, are rival goods.
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A hammer is a durable rival good. One person's use of the hammer presents a significant barrier to others who desire to use that hammer at the same time. However, the first user does not "use up" the hammer, meaning that some rival goods can still be shared through time. An apple is a nondurable rival good: once an apple is eaten, it is "used up" and can no longer be eaten by others. Non-tangible goods can also be rivalrous. Examples include the ownership of radio spectrums and domain names. In more general terms, almost all private goods are rivalrous.
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Repackaging fan culture: The regifting economy of ancillary content models | Scott | Tr... - 1 views
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n particular, recent work on online gift economies has acknowledged the inability to engage with gift economies and commodity culture as disparate systems, as commodity culture begins selectively appropriating the gift economy's ethos for its own economic gain.
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My concern, as fans and acafans continue to vigorously debate the importance or continued viability of fandom's gift economy and focus on flagrant instances of the industry's attempt to co-opt fandom, is that the subtler attempts to replicate fannish gift economies aren't being met with an equivalent volume of discussion or scrutiny.
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There are a number of important reasons why fandom (and those who study it) continue to construct gift and commercial models as discrete economic spheres. This strategic definition of fandom as a gift economy serves as a defensive front to impede encroaching industrial factions. H
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Gift economy - Wikipedia, the free encyclopedia - 0 views
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Information is particularly suited to gift economies, as information is a nonrival good and can be gifted at practically no cost.[18][19]
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Traditional scientific research can be thought of as an information gift economy. Scientists produce research papers and give them away through journals and conferences.
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In his essay "Homesteading the Noosphere", noted computer programmer Eric S. Raymond opined that open-source software developers have created "a 'gift culture' in which participants compete for prestige by giving time, energy, and creativity away".[22]
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Illegal Art: Articles - 0 views
Rebecca Tushnet's 43(B)log: How do you get to Carnegie Hall? - 1 views
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Look, I get the idea that there is One True Standard of aesthetic goodness. What I don’t get is the further conclusion that if we only got rid of the dreck we’d have more of the good stuff. I guess it’s yet another expression of the romantic idea that Art comes out of nowhere, rather than in reaction to the creator’s surroundings.
Big Content's depraved indifference - Boing Boing - 0 views
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But they are indifferent to the point of depravity to the totalitarian, censorious and restrictive consequences of DRM, filters and liability.
They aren't moustache-twirling supervillains. They're greedy, blinkered provincials and hypercompetitive macho bullies who are unwilling to look past the short-term benefits to the consequences. They think only of how things will work, not how they'll fail.
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But they're a distant second to a rearchitecting of our law and technology to create the preconditions for repression, corruption and suppression of dissent.
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Or will we allow a small gang of selfish and short-sighted entertainment companies to fatally compromise the infrastructure of the 21st century to add a few points to its bottom line?
The right of making available - 0 views
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The concept of open source, as with intellectual property generally, is based on the fact that my possession of a copy of a program doesn't interfere with your possession of a copy of the same program.
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The general term for that is "nonrivalrous,"
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Who is supposed to be doing the open sourcing here? For those of us who aren't Cylons, there aren't many copies. Bodies are rivalrous
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