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Pranesh Prakash

gladwell dot com - something borrowed - 0 views

  • Lavery knew that failing to credit Partington would have been wrong. Borrowing the personal story of a woman whose sister was murdered by a serial killer matters because that story has real emotional value to its owner. As Lavery put it, it touches on someone's shattered life. Are boilerplate descriptions of physiological functions in the same league?
  • And this is the second problem with plagiarism. It is not merely extremist. It has also become disconnected from the broader question of what does and does not inhibit creativity. We accept the right of one writer to engage in a full-scale knockoff of another—think how many serial-killer novels have been cloned from "The Silence of the Lambs." Yet, when Kathy Acker incorporated parts of a Harold Robbins sex scene verbatim in a satiric novel, she was denounced as a plagiarist (and threatened with a lawsuit).
  • When I worked at a newspaper, we were routinely dispatched to "match" a story from the Times: to do a new version of someone else's idea. But had we "matched" any of the Times' words—even the most banal of phrases—it could have been a firing offense. The ethics of plagiarism have turned into the narcissism of small differences: because journalism cannot own up to its heavily derivative nature, it must enforce originality on the level of the sentence.
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    My friend had hundreds of these examples. We could have sat in his living room playing at musical genealogy for hours. Did the examples upset him? Of course not, because he knew enough about music to know that these patterns of influence-cribbing, tweaking, transforming-were at the very heart of the creative process. True, copying could go too far. There were times when one artist was simply replicating the work of another, and to let that pass inhibited true creativity. But it was equally dangerous to be overly vigilant in policing creative expression, because if Led Zeppelin hadn't been free to mine the blues for inspiration we wouldn't have got "Whole Lotta Love," and if Kurt Cobain couldn't listen to "More Than a Feeling" and pick out and transform the part he really liked we wouldn't have "Smells Like Teen Spirit"-and, in the evolution of rock, "Smells Like Teen Spirit" was a real step forward from "More Than a Feeling." A successful music executive has to understand the distinction between borrowing that is transformative and borrowing that is merely derivative, and that distinction, I realized, was what was missing from the discussion of Bryony Lavery's borrowings. Yes, she had copied my work. But no one was asking why she had copied it, or what she had copied, or whether her copying served some larger purpose.
Pranesh Prakash

Intellectual Property Watch » Blog Archive » The World Is Going Flat(-Rate) - 0 views

  • What aspects of what is market-organised need to be regulated in the public interest? Just as the banking industry has shown not to function in the public interest without regulation, nor the nature-exploiting industry, so also our knowledge environment cannot be left to profit-oriented actors alone. After the collapse of the world economy nationalisation of private companies is no longer taboo. Not a few people have suggested that Google has become an essential infrastructure that should be socialised. Our society has long provided basic informational services to all: education, libraries, museums, public broadcast, health, the infrastructure of traffic of humans, things and information, funded through societal redistribution by taxes and mandatory broadcast fees. What is to be considered essential goods in the digital age? What is added value and offers business opportunities?
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    A landmark study by the Institute of European Media Law (EML) found that a levy on internet usage legalising non-commercial online exchanges of creative works conforms with German and European copyright law, even though it requires changes in both. The German and European factions of the Green Party who had commissioned the study will make the "culture flat-rate," as the model is being called in Germany, an issue in their policies. The global debate on a new social contract between creatives and society is getting more pronounced by the day. Two models are emerging: a free-market approach based on private blanket licences and voluntary subscriptions, and a legal licence approach based on exceptions in copyright law and mandatory levies, that now has been proven legally feasible and appropriate by the EML study.
Pranesh Prakash

China 2010: Innovation, Copycats, Cheap Labor, Staffing Challenges | CNReviews - 0 views

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    "The common Western narrative of China is of a country whose businesses unfairly compete by stealing intellectual property from others and making money off of copycat technology. While undoubtedly a large amount of IP theft does happen in China, its hard to believe that anyone can look at China and not see innovation everywhere. I've noticed that this question of innovation in China comes up often among Western observers of China. Why? Do we feel that the playing field is unfair? Are we in the U.S. desperately looking for signs of an enduring competitive advantage even as we've shipped our entire manufacturing base overseas? I'm not sure, but the topic sure comes up a lot. Yes, China can innovate, but what kind of innovation? Jacob Hsu (Symbio) remarked that in Silicon Valley, investors and entrepreneurs are looking for "business model" innovation, which I interpreted to mean a new product that creates new markets. He characterized Chinese innovation as mostly incremental "technology" innovation in the past, but that increasing we were seeing highly innovative companies emerge, such as Tencent. He also highlighted the phenomenon of "shanzhai" as an example of innovation on a much smaller scale. The "shanzhai" consumer electronics economy in China is rapidly creating next generation connected devices out of laptop and mobile phone components, and that in most cases the minimum scale required to produce these units can be as small as a few hundred units to make money. Conventional wisdom equates intellectual property protection with innovation. But the "shanzhai" phenomenon challenges this idea. Could the lack of intellectual property protection create opportunities to remix, modify and mashup existing technology that creates an "innovation capability" for China's entrepreneurs even as the lack of IP protection prevents them from fully capitalizing on their successes (because the next guy will just rip them off)? In this
Pranesh Prakash

104198.pdf (application/pdf Object) - 0 views

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    EU Council conclusions on the development of legal offers of online cultural and creative content and the prevention and combating of piracy in the digital environment.
Pranesh Prakash

BBC - dot.life: Facts about file-sharing - 0 views

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    "But what's missing from the whole debate is some data. Just how much unlawful file-sharing is going on in the UK and what effect is it having on the creative industries? It's hard to be sure really - the music industry often says that twenty unauthorised tracks are downloaded for every one that's paid for, but I'm not sure how that figure was worked out. The government, too, seems hazy, unable to say how it will know when file-sharing has been reduced by 70%, the target to be attained by the initial deterrence campaign before stronger measures are contemplated."
Pranesh Prakash

Kuensel Newspaper - Of copyright awareness and creative advancement - 0 views

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    From Thimpu: We have our own Pirate Bay: the Indian city of Jaigoan, where Bhutanese films and music are rampantly pirated by Indian vendors. Local film and music producers would like to see similar action taking place against these pirates, but the problem is they are not operating on Bhutanese territory. Therefore, being outside the copyright law enforcement abilities of our government, our authorities have not taken any legal action, nor are there any plans to do so.
Pranesh Prakash

Panel on the Political Economy of A2K - 0 views

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    "As the world economy increasingly centers on "memes, genes, and bits," new technologies permit new production models that threaten entrenched interests. As a consequence, we face a looming political battle that could reshape the information society. There are three main barriers to democratic participation in setting the rules of the information economy that bias the playing field in favor of entrenched interests and old models. The first is that the harms of bad A2K policy often take a long time to manifest themselves, making it difficult to instill a sense of urgency in the body politic and among policy elites. The current experience of "information overload" obscures increasing regulation of the use of knowledge. The second is that information policy issues tend to be highly technical and esoteric to the uninitiated, and difficult even for the initiated to analyze effectively. The third is that the promises of a world where knowledge is free as the air we breathe seems ephemeral in the face of the concrete harms claimed by those who would fence off the information commons."
Pranesh Prakash

Ruling Imagination: Law and Creativity » Blog Archive » There still is nothin... - 0 views

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    So maybe Coldplay is not a group of plagiarists; rather, it is a group of pop hacks working on tropes that the entire pop music industry since the 1950's has stolen from elsewhere. Originality is a tricky thing. Just ask Shepard Fairey.
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