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Nele Noppe

Electronic Literature: What is it? - 0 views

  • the practices, texts, procedures, and processual nature of electronic literature require new critical models and new ways of playing and interpreting the works.
  • "literature" has always been a contested category.
  • To see electronic literature only through the lens of print is, in a significant sense, not to see it at all.
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  • Electronic literature, generally considered to exclude print literature that has been digitized, is by contrast "digital born," a first-generation digital object created on a computer and (usually) meant to be read on a computer
  • At the same time, because electronic literature is normally created and performed within a context of networked and programmable media, it is also informed by the powerhouses of contemporary culture, particularly computer games, films, animations, digital arts, graphic design, and electronic visual culture
  • Digital technologies are now so thoroughly integrated with commercial printing processes that print is more properly considered a particular output form of electronic text than an entirely separate medium. Nevertheless, electronic text remains distinct from print in that it literally cannot be accessed until it is performed by properly executed code
  • immediacy of code to the text's performance is fundamental to understanding electronic literature, especially to appreciating its specificity as a literary and technical production
  • How to maintain such conventional narrative devices as rising tension, conflict, and denouement in interactive forms where the user determines sequence continues to pose formidable problems for writers of electronic literature, especially narrative fiction.
  • . "Giving the audience access to the raw materials of creation runs the risk of undermining the narrative experience," she writes, while still acknowledging that "calling attention to the process of creation can also enhance the narrative involvement by inviting readers/viewers to imagine themselves in the place of the creator.
  • Hypertext fiction, network fiction, interactive fiction, locative narratives, installation pieces, "codework," generative art and the Flash poem are by no means an exhaustive inventory of the forms of electronic literature, but they are sufficient to illustrate the diversity of the field, the complex relations that emerge between print and electronic literature, and the wide spectrum of aesthetic strategies that digital literature employs
  • . Such close critical attention requires new modes of analysis and new ways of teaching, interpreting, and playing. Most crucial, perhaps, is the necessity to "think digital," that is, to attend to the specificity of networked and programmable media while still drawing on the rich traditions of print literature and criticism.
  • One problem with identifying the hyperlink as electronic literature's distinguishing characteristic was that print texts had long also employed analogous technology in such apparati as footnotes, endnotes, cross-reference, and so on, undermining the claim that the technology was completely novel. Perhaps a more serious problem, however, was the association of the hyperlink with the empowerment of the reader/user. As a number of critics have pointed out, notably Espen J. Aarseth, the reader/user can only follow the links that the author has already scripted.
  • ergodic literature
  • The shortcomings of importing theoretical assumptions developed in the context of print into analyses of electronic media were vividly brought to light by Espen J. Aarseth's important book Cybertext: Explorations of Ergodic Literature.
  • ," texts in which "nontrivial effort is required to allow the reader to traverse the text"
  • The deepest and most provocative for electronic literature is the fifth principle of "transcoding," by which Manovich means the importation of ideas, artifacts, and presuppositions from the "cultural layer" to the "computer layer" (46).
  • arguing that print texts also use markup language, for example, paragraphing, italics, indentation, line breaks and so forth.
  • Complementing studies focusing on the materiality of digital media are analyses that consider the embodied cultural, social, and ideological contexts in which computation takes place.
  • electronic literature can be seen as a cultural force helping to shape subjectivity in an era when networked and programmable media are catalyzing cultural, political, and economic changes with unprecedented speed.
  • Liu urges a coalition between the "cool" — designers, graphic artists, programmers, and other workers within the knowledge industry — and the traditional humanities, suggesting that both camps possess assets essential to cope with the complexities of the commercial interests that currently determine many aspects of how people live their everyday lives in developed societies.
  • The Laws of Cool: Knowledge Work and the Culture of Information
  • Realizing this broader possibility requires that we understand electronic literature not only as an artistic practice (though it is that, of course), but also as a site for negotiations between diverse constituencies and different kinds of expertise.
  •  
    Hayles
Nele Noppe

Electronic literature - Wikipedia, the free encyclopedia - 0 views

  • N. Katherine Hayles discusses the topic in the online article Electronic Literature: What Is It. She argues in her 2008 text Electronic Literature that, "electronic literature, generally considered to exclude print literature that has been digitized, is by contrast 'digital born,' and (usually) meant to be read on a computer."[1]
  • Computer art installations which ask viewers to read them or otherwise have literary aspects
  •  
    N. Katherine Hayles discusses the topic in the online article Electronic Literature: What Is It. She argues in her 2008 text Electronic Literature that, "electronic literature, generally considered to exclude print literature that has been digitized, is by contrast 'digital born,' and (usually) meant to be read on a computer."[1]
Nele Noppe

Academic Evolution: Scholarly Communications must be Mobile - 0 views

  • Genres of scholarship will change in terms of their length and their appearance as mobile computers become a primary outlet for intellectual work.
  • Genres of scholarship will change in terms of their length and their appearance as mobile computers become a primary outlet for intellectual work.
  • But perhaps even more significantly, scholarship on a cell phone will be more social and more interactive -- and therefore more aligned or coincidental with teaching. We may begin thinking less in terms of scholarly publications as vetted objects, and more in terms of scholarly activities being conducted by trusted authorities. This raises profound questions about peer reviewing practices, as well it should. We are going to find that sophisticated intellectual work is going to be conducted outside of the ivory tower, and those within those elite walls must find ways to articulate their skills and knowledge through these new intellectual mechanisms (hardware, software, social practices) -- or risk getting excluded from the more consequential conversations.
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  • But perhaps even more significantly, scholarship on a cell phone will be more social and more interactive -- and therefore more aligned or coincidental with teaching. We may begin thinking less in terms of scholarly publications as vetted objects, and more in terms of scholarly activities being conducted by trusted authorities. This raises profound questions about peer reviewing practices, as well it should. We are going to find that sophisticated intellectual work is going to be conducted outside of the ivory tower, and those within those elite walls must find ways to articulate their skills and knowledge through these new intellectual mechanisms (hardware, software, social practices) -- or risk getting excluded from the more consequential conversations.
  • But perhaps even more significantly, scholarship on a cell phone will be more social and more interactive -- and therefore more aligned or coincidental with teaching. We may begin thinking less in terms of scholarly publications as vetted objects, and more in terms of scholarly activities being conducted by trusted authorities. This raises profound questions about peer reviewing practices, as well it should. We are going to find that sophisticated intellectual work is going to be conducted outside of the ivory tower, and those within those elite walls must find ways to articulate their skills and knowledge through these new intellectual mechanisms (hardware, software, social practices) -- or risk getting excluded from the more consequential conversations.
  • Scholarship has in many ways retained its authority relative to its erudite isolation; but reputation and authority are rapidly evolving online within popular culture and across a vast array of online social interaction.
  • So, by claiming that scholarly communication must be mobile, I am also claiming that this will drive and/or accompany profound epistemological and rhetorical shifts for learned communication.
  •  
    "Genres of scholarship will change in terms of their length and their appearance as mobile computers become a primary outlet for intellectual work. "
Nele Noppe

Information Age Without Humanities = Industrial Revolution Without Steam Engine | HASTAC - 0 views

  • without the steam engine, the Industrial Revolution would not have happened.  Steam powered everything.  What powers the Information Age?  It's not computation--that's a foundational component but we could each have a fabulous desktop or laptop or mobile device now that connected to some gigantic All Powerful centralized mainframe and we would not have the Information Age.  
  • It's not even the Internet. 
  • What is responsible for an Information Age, where all levels of habits and procedures of communication and interaction have changed dramatically in less than two decades, is the World Wide Web. 
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  • The World Wide Web is the steam engine of the Information Age.  And without the humanities, virtually everything about the World Wide Web is a muddle.  All of the key issues of how knowledge is exchanged, how it is created, what its role is in the world, how it functions and changes, how one kind of idea influences another, how knowledge travels, leads to a complex History of Ideas the likes of which we have not seen before.  
  • Dinner table conversation, Berners-Lee notes in his memoir Weaving the Web, often center on the key humanities question:  what it means to be human. 
  • everything that was constantly shaped by the environment and then constantly selecting environments associationally, driven by interest, pleasure, desire, fear, superstition, belief, understanding, and other deeply human conditions that had nothing to do with even the most powerful of computers.  These humanistic questions haunted the small boy; he wanted from earliest age to make a computer that could be like the human brain.   The World Wide Web approximated that because it is based on a human, social, interactive, creative, associational concept of thought and humanity. 
  • clearly universities under stress are finding ways to cut back courses and programs and are looking at the humanities as not relevant to the student of today.  They have it entirely wrong.  The humanities are the most important tool we have for understanding, with any kind of historical perspective and critical depth, all of the new arrangements of our world, precisely because those new arrangements of our world are rooted in an associational, interactive, qualitative humanistic concept of mind and society, not in a machinic, quantitative, linear, hardwired, fixed, or even measurable computational model.  
  • Of course, I have also spent the last decade arguing that the humanities are missing the boat by not claiming our centrality to the Information Age.   This is our age, I keep saying, if only we take responsibility for our role in its shape and its future.  That's the challenge, should we choose to accept it.  
Nele Noppe

Creativity in amateur multimedia: Popular culture, critical theory, and HCI - 0 views

  • Today, especially in academic circles, this pop culture phenomenon is little recognized and even less understood.
  • These analyses reveal relationships among emerging amateur multimedia aesthetics, common software authoring tools, and the three theorizations of creativity discussed
    • Nele Noppe
       
      VERBAND FANWERK - OPEN SOURCE
  • This paper explores the enabling factors, especially the role of multimedia authoring tools, in the recent explosion of amateur multimedia.
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  • Yet control over popular culture by mass media is clearly eroding
  • HCI practitioners have explored how software interfaces can enhance and support users in general and creativity in particular. Its analytical tools for examining the relationships between tools and a concrete group of users vis-à-vis a well-defined explication of tasks both solve and create problems. The ability to specify these relationships explicitly greatly facilitates the design of systems; yet that same explicit specificity also defines creativity a priori in cybernetic terms more friendly to computers than to the culturally diverse and rich practice of creativity
  • Critical theory—an umbrella term that encompasses literary theory, continental philosophy, and communication theory, among others—offers sophisticated theoretical resources for the study of cultural artifacts and their use in the communities that create them. Many of these theories ground themselves in the materiality of the cultural artifacts they study; yet the material layer for which these theories were once developed were largely textual. The movement of cultural artifacts from the physical to digital poses a deep challenge (and some risk) for critics studying digital media with these theories
  • this paper investigates three relevant traditions of theory that address these overlaps: HCI, poststructuralism, and theories of technological determinism, especially in media.
  • Creativity—its nature, conditions of possibility, inputs and outputs, and processes—plays a major role in virtually all academic, professional, and artistic domains. As a result, it is heavily, and heterogeneously, theorized.
  • Genealogically, HCI developed alongside cognitive science and computer science, and was most often put in service of professional productivity software.
  • HCI often characterizes creativity in rationalistic, intentional, and scientific ways. For example, Schneiderman (2002, 2003) proposes a creativity framework for, in his words, “generating excellence” with four parts: collect, relate, create, and donate. With it, he hopes to capture the social, iterative, associational, and distributional characteristics of creativity, especially as described by cognitive science. Evident in this perspective is an effort to model creativity, which is seen as a social activity, with certain structural features that take place in environments conducive to creativity.
  • All of this is in service of what Schneiderman calls “evolutionary creativity,” which he illustrates as follows:“doctors making cancer diagnoses, lawyers preparing briefs, or photo editors producing magazine stories”(2002, p. 238). Here, Page 17 Creativity in Amateur Multimedia 15 and pervasive throughout the essay, Schneiderman’s notion of creativity appears to be paraphrasable as professional innovation: His interest is not artistic self-expression and, as we shall see, he is not alone in understanding creativity in terms of professional discourses
  • Again, creativity is understood as it relates to professional discourses, in this case the discourse of art history and its pedagogical presentation to museum-goers. Even analyses of group creativity in HCI contexts that seek to go beyond rationalist- individualist notions of creativity nonetheless operate in a rationalist mode.
  • The notion of creativity that emerges from these mainstream HCI essays places its agency primarily in the intentional activity of the individual (though the individual is presumably a member of relevant groups). It sees the ecology of creativity as a community of expert practice comprising research, dialogue, and artifact exchange, facilitated by social and computer environments that forgivingly compel an iterative and basically scientific (correctness, discrete information, classification, hypothesis) approach toward truth.
  • The role of the author-function is, among other things, to control the polyvalence intrinsic to texts, such that the author, rather than performing the creative role of bringing the text into the world, performs the role of constraining the meaning of the text within a society.
  • (Foucault, 1969/2000, p. 206). Therefore, writing is a destabilizing force that threatens to transform the discourse in which it operates and to swallow up its own author. It is important to remember that Foucault is not limiting his analysis to literary texts; he explicitly includes scientific and academic writing,
  • In this conceptualization of writing, creativity occurs at the level of discursive rule- transgressing. The role of the historical human in this process is greatly diminished, not because humans are not involved in textual production, but because the individual is at the wrong level of granularity for analysis. A given historical individual authoring discourse does so within complex interactions involving several selves and the clash of languages
  • Related, but not identical, to Foucault’s notion of authorship are theories of “intertextuality” put forward by Julia Kristeva and Roland Barthes. Intertextuality is the notion Page 19 Creativity in Amateur Multimedia 17 that a text is a “tissue” of (mis) quotations from other texts, considered to be more than mere collages, but transformative, of the sign systems from which they are derived (McAfee, 2004)
  • Creativity’s agency lies in the juxtaposition of sign systems (in which authorial identities are implicated), which occurs in the context of play, and results in artifacts that are significant not for what they say, but for the ways they materially contribute to the generative capacity of the discursive rule-set from which they operate.
  • Perhaps the foremost theorist of technological determinism is Jacques Ellul (1964/2003, 1980/2003), who argues that individuals, science, and government are all “conditioned” by technology.
  • Like Schneiderman (2002, 2003) and Foucault (1969/2000), Ellul (1964/2003, 1980/2003), too, is making claims about the origins and generation of knowledge in scientific discourses, but he situates the agency in the fierce pressures of technology as it overwhelms and often replaces the comparatively meek procedures of science and governance
  • As a result, according to Benjamin, our cognitive experience of the art also changes; whereas painting allows spectators to control their own stream of consciousness and reflect on what they see, cinema’s moving images disrupt association and contemplation, dominating viewers’ thoughts.
  • Benjamin’s (1936/1968) arguments are developed further by self-described technological determinist Marshall McLuhan, whose claim that “the medium is the message”(1964/2003) characterizes media as “extensions of ourselves” that “alter sense ratios or patterns of perception steadily and without any resistance”(p. 31).
  • For Manovich, the emergence of new visual languages is enabled not by an iterative, rational approach to innovation, as cognitive science might suggest; neither does it emerge from an evolutionary history of discursive transgression, as a poststructuralist approach might suggest 10. Rather, it is made possible by certain forms of productive convenience built into authoring tools that unleash visual languages and cultural logics that exceed any human intention, whether at the level of the individual or the group of experts.
  • To answer this question, it is useful to consider what the three traditions share in common. All consider creativity in the context of professionalism and knowledge production. Creativity is not simply about painting a pretty new picture or expressing a personal emotion; it contributes to discourses about the world and our place in it. All three traditions also understand creativity as situated within systems—networks of software-supported experts, discursive sign systems, or systems of production and consumption. All of these implicitly reject romantic notions of the individual creative genius and pure self-expression; implied in this is a rejection or at least dilution of individual intention as the prime mover of creativity
  • Questions one might ask include the following: What are the social and technical conditions or structures necessary for the generation of these artifacts? What is the discourse of amateur multimedia? What is the minimal unit of meaning? In what ways does its production establish relationships between authors, viewers, technologies, meaning, and ideology?
  • A key first step is to understand how creativity is implemented in multimedia authoring software. Each program has ways it encourages authors to work. For example, Photoshop greatly rewards users who take advantage of layers, opening up avenues of possibility for compositing, nondestructive experimentation, and long-term editability. This in turn makes certain meanings (especially meanings created by the juxtapositions of spatial compositing) more easily realized than others. To what extent do contemporary authoring platforms encourage in the same ways (constituting and compelling a notion of digital creativity), or do different applications suggest different notions of digital creativity?
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    "1"
Nele Noppe

Japanese copyright law - Wikipedia, the free encyclopedia - 0 views

  • Japanese copyright laws consist of two parts: "Author's Rights", and "Neighboring Rights", and as such, "copyright" is a convenient collective term rather than a single concept in Japan.
  • Author's rights
  • Neighboring rights
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  • "Neighboring rights" refer to the rights of performers, broadcasters, and other individuals who do not author works, but play an important role in communicating them to the public.
  • Exceptions
  • As in many other countries, the term "public domain" is not mentioned in Japanese copyright laws, and thus, even though some materials are claimed to be "public domain", there can be some restrictions. Sometimes the term copyright-free is used instead.
  • Works authored by an individual, under his own name or a known pseudonym, are protected for fifty years following the individual's death. Works authored anonymously or under an unknown pseudonym, as well as works authored by corporations, where the individual author or authors are unknown, are protected for fifty years following publication. Japan is considering extending the duration of protection to seventy years to be more in line with the United States and other nations.
  • Very soon,[when?] CDs will be copy-protected in Japan.
  • Once implemented, it may become impossible to play copyright-protected CDs on the CD-ROM drive of a computer.
  • In 1992, the "Compensation System for Digital Private Recording" was introduced. According to this system, those who make digital sound or visual recordings for personal use should pay compensation to the copyright owners. This compensation is added in advance to the prices of specified digital recording equipment (DAT, DCC, MD, CD-R, CD-RW), and specified recording media (DVCR, D-VHS, MVDISC, DVD-RW, DVD-RAM) (Japan Copyright Office 2001, 17; ibid. 24).
  • In other words, the clever user who tries to free-ride on the original genius of the creator of this or that tune has to be educated, and forced to participate in a trusted system in order to obtain the desired tunes. No one has so far mentioned about either fair use or the reach of the public domain.
  • In 1997, the Japanese Copyright Law was updated to expand the coverage of the author's "right of communication to the public" (established in 1986 under the name of Rights of Broadcasting and Wire Transmission) to the stage of making it transmittable. The objects of the right of communication to the public are the activities of connecting a server to a network, and the activities of transmission
  • Besides these two definitions, Article 23 (1) of the Copyright Law provides that "(t)he author shall have the exclusive right to make the public transmission of his or her work (including the making transmittable of his or her work in the case of the interactive transmission)". This can be considered an expansion of the right of public transmission of authors to the preceding stage of making transmittable, available (Fujiwara 1999, 98-99; Japan Copyright Office 2001, 31), and even of a right of making transmittable that goes further than the WIPO Copyright Treaty (Ficsor 2002, 506). Apart from this, and in order to comply with the WIPO Performances and Phonograms Treaty, a right of making transmittable was also granted to performers and phonogram producers. The scope here is especially to regulate the internet broadcasting of live performances (Fujiwara 1999, 98; Japan Copyright Office 2001, 31).
  • when we look at it from the viewpoint of the public domain, the wider reach of the concept of communication to the public means a big limitation of the reach of this public domain. This is not a discourse against "copyright protection". Indeed, in a lot of cases, copyright protection seems to work as a system, and creates an incentive to produce. We only should be aware that the current transformations in the legislation concerning intellectual property rights — in Japan and in other countries — is moving very fast, and do not seem to take into account all facets of the story, nor remember the very basic goal of copyright, which is "to contribute to the development of culture".
  • In November 2000, the "Copyright Management Business Law" (4.2.2.3) was enacted. Its main purpose is to facilitate the establishment of new copyright management businesses, in order to "respond to the development of digital technologies and communication networks" (Japan Copyright Office 2001, 27). In general, we can say that this law will facilitate the rise of copyright management businesses, and possibly create a further limitation to the reach of the public domain.
  • In its book, "Copyright System in Japan", the title of this section is "(t)o secure the effectiveness of rights by utilizing new technologies" (Japan Copyright Office 2001, 32). This shows clearly that the Japanese government considers software to be a tool for enforcing copyright legislation. Not mentioned, however, is the possible negative side-effects concerning fair use (limitation on rights), or the reach of the public domain.
  • It is quite clear that with this regulation, it becomes impossible to circumvent the copyright-protection of intellectual property in the context of fair use. This means that when a CD, etc. is copyright-protected, there is not only technically no space for fair use, but also from the legislative side, there is no support for copying in the context of fair use.
Nele Noppe

The Future of the Book - 0 views

  • The present and the forthcoming young generation is and will be a computer- oriented generation. The main feature of a computer screen is that it hosts and displays more alphabetic letters than images.
  • Moreover, the new generation is trained to read at an incredible speed. An old-fashioned university professor is today incapable of reading a computer screen at the same speed as a teenager
  • I am a rare-book collector, and I feel delighted when I read the seventeenth-century titles that took one page and sometimes more. They look like the titles of Lina Wertmuller's movies. The introductions were several pages long. They started with elaborate courtesy formulas praising the ideal addressee, usually an emperor or a pope, and lasted for pages and pages explaining in a very baroque style the purposes and the virtues of the text to follow. If baroque writers read our contemporary scholarly books they would be horrified. Introductions are one-page long, briefly outline the subject matter of the book, thank some national or international endowment for a generous grant, shortly explain that the book has been made possible by the love and understanding of a wife or husband and of some children, and credit a secretary for having patiently typed the manuscript. We understand perfectly the whole of human and academic ordeals revealed by those few lines, the hundreds of nights spent underlining photocopies, the innumerable frozen hamburgers eaten in a hurry.... But I imagine that in the near future we will have three lines saying "W/c, Smith, Rockefeller," which we will decode as "I thank my wife and my children; this book was patiently revised by Professor Smith, and was made possible by the Rockefeller Foundation." That would be as eloquent as a baroque introduction. It is a problem of rhetoric and of acquaintance with a given rhetoric.
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  • The quest for a new and surviving literacy ought not to be the quest for a preinformatic quantity. The enemies of literacy are hiding elsewhere
  • the radical mistake of irresponsible deconstructionists or of critics like Stanley Fish was to believe that you can do everything you want with a text. This is blatantly false. Busa's hypertext on the Aquinas corpus is a marvelous instrument, but you cannot use it to find out a satisfactory definition of electricity.
  • Then there is the third possibility, the one outlined by Michael Joyce. We may conceive of hypertexts which are unlimited and infinite. Every user can add something, and you can implement a sort of jazzlike unending story. At this point the classical notion of authorship certainly disappears, and we have a new way to implement free creativity. As the author of The Open Work I can only hail such a possibility. However there is a difference between implementing the activity of producing texts and the existence of produced texts. We shall have a new culture in which there will be a difference between producing infinitely many texts and interpreting precisely a finite number of texts. That is what happens in our present culture, in which we evaluate differently a recorded performance of Beethoven's Fifth and a new instance of a New Orleans jam session
  • The problem is in saying that we have replaced an old thing with another one; we have both, thank God. TV zapping is an activity that has nothing to do with reading a movie
  • Debray has reminded us that the invention of the photograph has set painters free from the duty of imitation.
  • Certainly the advent of cinema or of comic strips has freed literature from certain narrative tasks it traditionally had to perform. But if there is something like postmodern literature, it exists because it has been largely influenced by comic strips or cinema. This means that in the history of culture it has never happened that something has simply killed something else. Something has profoundly changed something else
Nele Noppe

Vegetal and mineral memory: The future of books - 0 views

  • The WWW is the Great Mother of All Hypertexts, a world-wide library where you can, or you will in short time, pick up all the books you wish. The Web is the general system of all existing hypertexts. Such a difference between text and system is enormously important,
  • Today there are new hypertextual poetics according to which even a book-to-read, even a poem, can be transformed to hypertext. At this point we are shifting to question two, since the problem is no longer, or not only, a physical one, but rather one that concerns the very nature of creative activity, of the reading process, and in order to unravel this skein of questions we have first of all to decide what we mean by a hypertextual link.
  • Notice that if the question concerned the possibility of infinite, or indefinite, interpretations on the part of the reader, it would have very little to do with the problem under discussion.
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  • No: what are presently under consideration are cases in which the infinity, or at least the indefinite abundance of interpretations, are due not only to the initiative of the reader, but also to the physical mobility of the text itself, which is produced just in order to be re-written. In order to understand how texts of this genre can work we should decide whether the textual universe we are discussing is limited and finite, limited but virtually infinite, infinite but limited, or unlimited and infinite.
  • First of all, we should make a distinction between systems and texts. A system, for instance a linguistic system, is the whole of the possibilities displayed by a given natural language.
  • If you are able to use an English dictionary well you could write Hamlet, and it is by mere chance that somebody did it before you. Give the same textual system to Shakespeare and to a schoolboy, and they have the same odds of producing Romeo and Juliet.
  • Grammars, dictionaries and encyclopaedias are systems: by using them you can produce all the texts you like. But a text itself is not a linguistic or an encyclopaedic system. A given text reduces the infinite or indefinite possibilities of a system to make up a closed universe.
  • A text castrates the infinite possibilities of a system.
  • Finnegans Wake is certainly open to many interpretations, but it is certain that it will never provide you with a demonstration of Fermat's last theorem, or with the complete bibliography of Woody Allen. This seems trivial, but the radical mistake of many deconstructionists was to believe that you can do anything you want with a text. This is blatantly false.
  • How can hypertextual strategies be used to "open" up a finite and limited text?
  • The first possibility is to make the text physically unlimited, in the sense that a story can be enriched by the successive contributions of different authors and in a double sense, let us say either two-dimensionally or three-dimensionally. By this I mean that given, for instance, Little Red Riding Hood, the first author proposes a starting situation (the girl enters the wood) and different contributors can then develop the story one after the other, for example, by having the girl meet not the wolf but Ali Baba, by having both enter an enchanted castle, having a confrontation with a magic crocodile, and so on, so that the story can continue for years. But the text can also be infinite in the sense that at every narrative disjunction, for instance, when the girl enters the wood, many authors can make many different choices. For one author, the girl may meet Pinocchio, for another she may be transformed into a swan, or enter the Pyramids and discover the treasury of the son of Tutankhamen. This is today possible, and you can find on the Net some interesting examples of such literary games.
  • AT THIS POINT one can raise a question about the survival of the very notion of authorship and of the work of art, as an organic whole. And I want simply to inform my audience that this has already happened in the past without disturbing either authorship or organic wholes.
  • Yet, there is a difference between implementing the activity of producing infinite and unlimited texts and the existence of already produced texts, which can perhaps be interpreted in infinite ways but are physically limited. In our same contemporary culture we accept and evaluate, according to different standards, both a new performance of Beethoven's Fifth and a new Jam Session on the Basin Street theme. In this sense, I do not see how the fascinating game of producing collective, infinite stories through the Net can deprive us of authorial literature and art in general. Rather, we are marching towards a more liberated society in which free creativity will coexist with the interpretation of already written texts. I like this. But we cannot say that we have substituted an old thing with a new one. We have both.
  • I have tried desperately to find an instance of unlimited and finite textual situations, but I have been unable to do so. In fact, if you have an infinite number of elements to play with why limit yourself to the production of a finite universe? It's a theological matter, a sort of cosmic sport, in which one, or The One, could implement every possible performance but prescribes itself a rule, that is, limits, and generates a very small and simple universe.
  • A hypertext can give the illusion of opening up even a closed text: a detective story can be structured in such a way that its readers can select their own solution, deciding at the end if the guilty one should be the butler, the bishop, the detective, the narrator, the author or the reader. They can thus build up their own personal story. Such an idea is not a new one.
  • All these physically moveable texts give an impression of absolute freedom on the part of the reader, but this is only an impression, an illusion of freedom.
  • n contrast, a stimulus-text that provides us not with letters, or words, but with pre-established sequences of words, or of pages, does not set us free to invent anything we want. We are only free to move pre-established textual chunks in a reasonably high number of ways.
  • At the last borderline of free textuality there can be a text that starts as a closed one, let us say, Little Red Riding Hood or The Arabian Nights, and that I, the reader, can modify according to my inclinations, thus elaborating a second text, which is no longer the same as the original one, whose author is myself, even though the affirmation of my authorship is a weapon against the concept of definite authorship. The Net is open to such experiments, and most of them can be beautiful and rewarding. Nothing forbids one writing a story where Little Red Riding Hood devours the wolf. Nothing forbids us from putting together different stories in a sort of narrative patchwork. But this has nothing to do with the real function and with the profound charms of books.
  • A BOOK OFFERS US A TEXT which, while being open to multiple interpretations, tells us something that cannot be modified.
  • Alas, with an already written book, whose fate is determined by repressive, authorial decision, we cannot do this. We are obliged to accept fate and to realise that we are unable to change destiny. A hypertextual and interactive novel allows us to practice freedom and creativity, and I hope that such inventive activity will be implemented in the schools of the future. But the already and definitely written novel War and Peace does not confront us with the unlimited possibilities of our imagination, but with the severe laws governing life and death.
  • That is what every great book tells us, that God passed there, and He passed for the believer as well as for the sceptic. There are books that we cannot re-write because their function is to teach us about necessity, and only if they are respected such as they are can they provide us with such wisdom. Their repressive lesson is indispensable for reaching a higher state of intellectual and moral freedom.
  • Its model is not so much a straight line as a real galaxy where everybody can draw unexpected connections between different stars to form new celestial images at any new navigation point.
  • Even after the invention of printing, books were never the only instrument for acquiring information. There were also paintings, popular printed images, oral teaching, and so on. Simply, books have proved to be the most suitable instrument for transmitting information.
  • Hypertexts will certainly render encyclopaedias and handbooks obsolete.
  • Then they are books to be consulted, like handbooks and encyclopaedias.
  • There are two sorts of book: those to be read and those to be consulted.
  • Yet, can a hypertextual disk or the WWW replace books to be read? Once again we have to decide whether the question concerns books as physical or as virtual objects. Once again let us consider the physical problem first.
  • Books belong to those kinds of instruments that, once invented, have not been further improved because they are already alright, such as the hammer, the knife, spoon or scissors.
  • TWO NEW INVENTIONS, however, are on the verge of being industrially exploited. One is printing on demand: after scanning the catalogues of many libraries or publishing houses a reader can select the book he needs, and the operator will push a button, and the machine will print and bind a single copy using the font the reader likes. This will certainly change the whole publishing market.
  • Simply put: every book will be tailored according to the desires of the buyer, as happened with old manuscripts.
  • Alas, if by chance one hoped that computers, and especially word processors, would contribute to saving trees, then that was wishful thinking. Instead, computers encourage the production of printed material. The computer creates new modes of production and diffusion of printed documents.
Nele Noppe

Gift economy - Wikipedia, the free encyclopedia - 0 views

  • Information is particularly suited to gift economies, as information is a nonrival good and can be gifted at practically no cost.[18][19]
  • Traditional scientific research can be thought of as an information gift economy. Scientists produce research papers and give them away through journals and conferences.
  • 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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  • According to Lewis Hyde, a traditional gift economy is based on "the obligation to give, the obligation to accept, and the obligation to reciprocate," and that it is "at once economic, juridical, moral, aesthetic, religious, and mythological."[25] He describes the spirit of a gift economy (and its contrast to a market economy) as:[26] The opposite of "Indian giver" would be something like "white man keeper"... [W]hatever we have been given is supposed to be given away not kept. Or, if it is kept, something of similar value should move in its stead... [T]he gift may be given back to its original donor, but this is not essential... The only essential is this: the gift must always move.
  • Sociologist Marcel Mauss argues a different position, that gifts entail obligation and are never 'free'. According to Mauss, while it is easy to romanticize a gift economy, humans do not always wish to be enmeshed in a web of obligation.
  • We like to be able to go to the corner store, buy a can of soup, and not have to let the store clerk into our affairs or vice versa. We like to travel on an airplane without worrying about whether we would personally get along with the pilot. A gift creates a "feeling bond." Commodity exchange does not.[34]
Nele Noppe

Amateur - Wikipedia, the free encyclopedia - 0 views

  • Amateurism can be seen in both a negative and positive light. Since amateurs often do not have formal training, some amateur work may be sub-par. For example, amateur athletes in sports such as basketball or football are not regarded as having the same level of ability as professional athletes. On the other hand an amateur may be in a position to approach a subject with an open mind (as a result of the lack of formal training) and in a financially disinterested manner. The lack of financial recompense can also be seen as a sign of commitment to an activity; and until the 1970s the Olympic rules required that competitors be amateurs. Receiving payment to participate in an event disqualified an athlete from that event, as in the case of Jim Thorpe. In the Olympics, this rule remains in place for boxing.
  • Many amateurs make valuable contributions in the field of computer programming through the open source movement.
Nele Noppe

Website Nico Nico Douga goes live ... house | The Japan Times Online - 0 views

  •  
    With the use of AR, the altering of real-world environments on screen by computer-generated imagery, Web surfers watching the action from their laptops will see an altogether different scene than those who are physically present at Nicofarre. Bands will play virtual instruments, J-pop idols will perform with anime characters - they'll even be able to see hearts or lightning-bolts fly out of a soloist's guitar similar to scenes from the film "Scott Pilgrim vs. The World." What makes this venue special however, is the level of interaction between those at the club and the online viewers. Those watching online can type in comments that are then scrolled in real time on the wall-screens of the main hall, which creates an uncanny sense of connection between the two audiences. The fact that comments are displayed live adds a daring element of freedom, as there is no way to control what is written and therefore put up for all to read. Although the venue's concept has virtually unlimited potential, what could hold Nicofarre back is the video quality. Being a large-scale setup, the spaces between the individual bulbs make the images indiscernible when standing too close. And judging from opening-night headliners, K-pop boy band Tohoshinki and local J-pop phenomenon AKB48, it looks like the club is not courting the usual live-house or clubbing crowd. Musical tastes aside though, the venue is undoubtedly at the cutting edge of "live" entertainment in Japan, and is well worth checking out.
Nele Noppe

Open source - Wikipedia, the free encyclopedia - 0 views

  • Open source describes practices in production and development that promote access to the end product's source materials. Some consider open source a philosophy, others consider it a pragmatic methodology.
  • The open source model includes the concept of concurrent yet different agendas and differing approaches in production, in contrast with more centralized models of development such as those typically used in commercial software companies
  • peer production by bartering and collaboration, with the end-product, source-material, "blueprints" and documentation available at no cost to the public.
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  • Most economists agree that open source candidates have an information good[12] (also termed 'knowledge good') aspect. In general, this suggests that the original work involves a great deal of time, money, and effort.
  • Others argue that society loses through open sourced goods. Because there is a loss in monetary incentive to the creation of new goods, some argue that new products will not be created. This argument seems to apply particularly well to the business model where extensive research and development is done, e.g. pharmaceuticals. However, this argument ignores the fact that cost reduction for all concerned is perhaps an even better monetary incentive than is a price increase. In addition, others argue that visual art and other works of authorship should be free. These proponents of extensive open source ideals argue that monetary incentive for artists would perhaps better be derived from performances or exhibitions, in a similar fashion to the funding of provision of other types of services.
  • Many fields of study and social and political views have been affected by the growth of the concept of open source.
  • Advocates in one field often support the expansion of open source in other fields. For example, Linus Torvalds said, "the future is open source everything."[14]
  • The difference between crowdsourcing and open source is that open source production is a cooperative activity initiated and voluntarily undertaken by members of the public
  • Open source hardware is hardware whose initial specification, usually in a software format, are published and made available to the public, enabling anyone to copy, modify and redistribute the hardware and source code without paying royalties or fees.
  • Beverages
  • Open-content projects organized by the Wikimedia Foundation — Sites such as Wikipedia and Wiktionary have embraced the open-content GFDL and Creative Commons content licenses.
  • Digital content
  • Health and science
  • Medicine Pharmaceuticals — There have been several proposals for open-source pharmaceutical development,[31][32] which led to the establishment of the Tropical Disease Initiative. Ther
  • Science Research — The Science Commons was created as an alternative to the expensive legal costs of sharing and reusing scientific works in journals etc.[33] Research — The Open Source Science Project was created to increase the ability for students to participate in the research process by providing them access to microfunding
  • Other Open source principles can be applied to technical areas such as digital communication protocols and data storage formats. Open design — which involves applying open source methodologies to the design of artifacts and systems in the physical world.
  • There are few examples of business information (methodologies, advice, guidance, practices) using the open source model, although this is another case where the potential is enormous. ITIL is close to open source. It uses the Cathedral model (no mechanism exists for user contribution) and the content must be bought for a fee that is small by business consulting standards (hundreds of British pounds). Various checklists are published by government, banks or accounting firms. Possibly the only example of free, bazaar-model open source business information is Core Practice.
  • Open source culture is the creative practice of appropriation and free sharing of found and created content. Examples include collage, found footage film, music, and appropriation art. Open source culture is one in which fixations, works entitled to copyright protection, are made generally available. Participants in the culture can modify those products and redistribute them back into the community or other organizations.
  • The rise of open-source culture in the 20th century resulted from a growing tension between creative practices that involve appropriation, and therefore require access to content that is often copyrighted, and increasingly restrictive intellectual property laws and policies governing access to copyrighted content.
  • The idea of an "open source" culture runs parallel to "Free Culture," but is substantively different. Free culture is a term derived from the free software movement, and in contrast to that vision of culture, proponents of Open Source Culture (OSC) maintain that some intellectual property law needs to exist to protect cultural producers. Yet they propose a more nuanced position than corporations have traditionally sought. Instead of seeing intellectual property law as an expression of instrumental rules intended to uphold either natural rights or desirable outcomes, an argument for OSC takes into account diverse goods (as in "the Good life") and ends.
  • One way of achieving the goal of making the fixations of cultural work generally available is to maximally utilize technology and digital media. I
  • Government Open politics (sometimes known as Open source politics)
  • Ethics Open Source ethics
  • Ess famously even defined the AoIR Research Guidelines as an example of open source ethics.[38]
  • Media Open source journalism
  • Open source movie production is either an open call system in which a changing crew and cast collaborate in movie production, a system in which the end result is made available for re-use by others or in which exclusively open source products are used in the productio
  • OpenDocument is an open document file forma
  • Education Within the academic community, there is discussion about expanding what could be called the "intellectual commons" (analogous to the Creative Commons). Proponents of this view have hailed the Connexions Project at Rice University, OpenCourseWare project at MIT, Eugene Thacker's article on "Open Source DNA", the "Open Source Cultural Database" and Wikipedia as examples of applying open source outside the realm of computer software. Open source curricula are i
  • stead of keeping all such knowledge proprietary. One of the recent initiatives in scientific publishing has been open access — the idea that research should be published in such a way that it is free and available to the public.
  • Open innovation is
  • also a new emerging concept which advocate putting R&D in a common pool.
  • Arts and recreation Copyright protection is used in the performing arts and even in athletic activities. Some groups have attempted to remove copyright from such practices.[45]
Nele Noppe

Comic Market: How the World's Biggest Amateur Comic Fair Shaped Japanese Dōji... - 0 views

  • the world's largest regular gathering of comic fans today is Tokyo's biannual Comic Market
  • dōjinshi phenomenon did not start with Comic Market, Comike and dōjinshi are inextricably linked, having shaped each other's history for three decades.
  • Comike convention has shaped the most important trends defining the development of dōjinshi in Japan today
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  • In 1975, a woman who had made critical remarks about the Manga Taikai was excluded from that convention, and [End Page 234] subsequently a firestorm of anger among fans produced a movement against the Manga Taikai led by the famous circle Meikyū (Labyrinth), which resulted in the conception of a new alternative convention. On December 21, 1975, the first Comic Market—"a fan event from fans for fans"—was held in Tokyo.6
  • [End Page 232]
  • [End Page 233]
  • Comike's underlying vision was of an open and unrestricted dōjinshi fair, offering a marketplace without limitations on content or access.
  • With the advent of these fan-consumers (as opposed to fan-creators), dōjinshi became demand-driven publications. Greater competition gradually fostered rising standards of quality, which in turn attracted more circles and buyers. Higher sales shrank production costs and boosted profits, which could then be reinvested in the dōjinshi themselves. Small printing companies, many of which had begun in the minikomi (microcommunication) boom of the early 1970s, were able to use the profits derived from greater demand for their services to modernize their equipment, lowering production costs further and enabling them to construct their production schedules around each Comike.8 Additionally, lower printing costs freed smaller groups from the dependence on bigger groups, which often had strict rules on content and style to avoid conflict among their many members. Having lost their raison d'être, these big clubs and circles gradually faded away, leaving dōjinshi creators to produce stories they liked, in the manner they liked.9
  • [End Page 235]
  • aniparo parodied popular anime series, and in doing so, attracted a new type of fan to Comike, beyond its core group of 2000 or so attendees. These were female fans, mostly middle and high school students strongly influenced by the 1970s florescence of shōjo manga. They began to create and consume dōjinshi in which the (bishōnen or "pretty boy") male protagonists of popular anime and manga were transposed into a very particular sort of erotic story typified by the phrase: "without tension" (yama nashi), "without punchline" (ochi nashi), and "without meaning" (imi nashi)—and hence the contemporary genre title, yaoi.10
  • The eleventh Comic Market in spring 1979 saw the popularity of the cute and pure bishōjo or "pretty girl" (strongly influenced by 1970s shōjo manga) skyrocket among men's dōjinshi circles, attracting many new male participants.
  • The Comic Market was dominated by women from the beginning (90 percent of its first participants were female), but in 1981, thanks to lolicon, male participants numbered the same as female participants for the first time in Comike's history.13
  • [End Page 236]
  • Internal conflicts on the Comike planning committee underlay some of these developments: they marked the ascendancy of the faction led by Yonezawa Yoshihiro, who favored Comike's unlimited expansion.15 Though he was criticized for purportedly selling dōjinshi out to commercialism, Yonezawa couched his plans for Comike in terms of a collective organization of the convention by all participants, including staff, circles, and visitors.16 Whatever the underlying reality, these public principles remain little changed today.17
  • Faced with this loss of identity, talent, and space, every other large fan convention except Comike dissolved. Yaoi Boom But in the middle of the decade, one manga and its anime not only saved dōjinshi fandom from near extinction but was responsible for its biggest boom yet. Takahashi Yōichi's Captain Tsubasa (1981–88, Kyaputen tsubasa),
  • [End Page 237]
  • New dōjinshi conventions appeared, and manga shops began selling dōjinshi on commission. Comparatively lush, custom-made, oversized dōjinshi with more than one hundred pages became common, and popular circles could now live on their fanworks' profits
  • professional creators like Toriyama Akira of Dragonball fame participating,
  • [End Page 238]
  • Despite the self-censorship brought on by the mass media's criticism, Comike nevertheless continued to thrive. Young men tired of new, tighter restrictions on professional manga turned to Comike, and attendance once again swelled to 230,000 in the summer of 1990.23 Hardcore lolicon was now passé, and erotic dōjinshi for men had greatly changed. New genres were introduced with such aspects as fetishism and a new style of softcore eroticism enjoyed by men and women alike; in particular, yuri (lily), or lesbian stories, emerged.24Dōjinshi also became smaller and shorter due to professional publishers recruiting talented dōjinshi creators en masse: the bulk of dōjinshi were the works of the less talented creators left behind.25
  • Other factors contributing to the increased interest in dōjinshi and in fanworks were the development of fixed otaku landmarks and the spread of computers. Almost everyone could now afford to make digital dōjinshi as well as audiovisual or even interactive dōjinshi (i.e. dōjin music and dōjin games).
  • The personal technology revolution meant [End Page 239] simplification of fanworks' production processes as well as completely new possibilities for communication and new digital genres. With the growth of dōjinshi in other media, the term "dōjin products" (dōjin seihin) has gradually come into use to describe fanworks of all genres.
  • Further, the conversion of Tokyo's Akihabara "Electric Town" into a district full of shops selling otaku-related goods, as well as the nationwide expansion of otaku-goods retailers and the establishment of Internet communities and message boards in the late 1990s, enabled otaku to live out their interests and to communicate nonstop with like-minded people everywhere. Their interests and culture were easily shared, and consequently information on Comic Market and dōjin culture spread around the world.
  • The rise of the Internet also meant that Comike lost its monopoly as the center of otaku and dōjinshi culture. Nevertheless, Comike remained the most important event for Japanese fans, especially after companies with otaku-related products started to exploit it.28 Firms had been interested in Comic Market for decades as a never-ending pool of promising new talent and as a place to exploit them commercially, and they were willing to pay much money for direct access to these masses of otaku.29 Starting with NEC in the summer of 1995, companies were granted exhibition space to market or to sell their newest products. This was the birth of the dealer booth at Comike, and, as with dōjinshi circles, the number of applicant companies was much higher than that of available spaces: a self-sustaining event with such high attendance was too important for any related company to ignore.30 Companies accepted the existence of unlicensed parody dōjinshi using copyrighted material (albeit in a transformative and thus arguably fair-use manner) since they could now sell exclusive goods at Comike (Figure 3) or use it as a marketing place, attracting to the convention people who were not interested in dōjinshi.
  • In the summer of 2004, 5 percent of all circles participating in Comike were headed by a professional mangaka or illustrator, while another 10 percent had some professional experience.
  • Despite its relative newness, Higurashi became one of Japan's biggest media phenomena, and at the seventy-sixth Comic Market in summer 2009, Tōhō Project became the first dōjin title ever to receive the honor of being considered its own genre.
  • [End Page 243]
  • It seems that dōjinshi circles are not switching entirely to the Internet but rather are using it as an informational and marketing platform for themselves and their creations, spreading the knowledge of and fascination with Comic Market to new spheres.
  • With high attendance, positive media attention, and industry support, Comike's position seems invulnerable. Even the deaths of important figures such as Iwata Tsuguo in 2004 and Yonezawa Yoshihiro—who was the face of Comike for decades—in 2006 did not harm its position. But unresolved problems, such as the use of copyrighted material in parody dōjinshi and the child pornography questions inherent in lolicon and shotakon, remain.
  • Comike was neither the first nor the biggest dōjinshi fair when it was established; its main purpose was to provide the freest market possible, and that freedom has come at a price. The dream of a Comic Market open to every one and everything was never realized, as there were too many physical, financial, and legal restrictions. Even today, the Comic Market suffers from a lack of space, a lack of money, and a lack of legal security. Only two-thirds of applicant circles can participate due to constraints, since, as a small independent operator Comike's financial resources are limited and most of the work is done by volunteers.
  • s the center of attention, with its size and its links to the industry, it is undeniable that Comike possesses the power and the means to influence social, market, and even political developments. In [End Page 244]
  • recent years it has not been reluctant to use this power. Whether through conferences on copyright issues or on the establishment of a "National dōjinshi fair liaison group" (Zenkoku dōjinshi sokubaikai renrakukai) in 2000, it has taken on the responsibility of representing and of regulating Japanese dōjinshi culture.
Nele Noppe

Of Otakus and Fansubs - 0 views

  • hindrances in a digital world that copyright laws pose for creative works that, while technically infringing, should perhaps be valued and allowed.6 Certain features of digital technologies and the internet,7 according to Lessig, can permit greater restrictions on remix than were allowed in the past.8
  • hindrances in a digital world that copyright laws pose for creative works that, while technically infringing, should perhaps be valued and allowed.6 Certain features of digital technologies and the internet,7 according to Lessig, can permit greater restrictions on remix than were allowed in the past.8
  • Lessig and other legal scholars such as Mehra have pointed to dojinshi in Japan as an example of how permitting more “remix” can contribute to a vibrant cultural industry.
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  • some artists make a living off producing dojinshi.
  • In the west, fans of anime, the term for Japanese animation, behave much like fans of Star Wars and Star Trek: they “remix” the characters and ideas from the stories they watch.
  • Trekkies or Star Wars fans do the same activities as otaku, but one practice sets anime fans apart from other avid fans: fansubs.
  • Manga also has its own form of fansubs called scanlations
  • Fansubs and scanlations don’t quite match the “traditional” forms of remix that Lessig and others mention. They do not create a “new” work in the same sense as dojinshi, fan films, or AMVs because their aim is to remain faithful to the original work.
  • Fansubs as a cultural product sit at an interesting boundary—between the dojinshi-like fan culture that authors such as Lessig want to encourage and the massive online file trading so vilified by the recording and motion picture industries.
  • examines the anime industry’s unique relationship with fansubbers in the context of the suggestion that it represents a new policy model for online copyright.
  • Section 7 concludes by stating that it is too soon to claim the anime industry as a victory for alternative business models incorporating what most would think of as widespread copyright infringement.
  • Otaku create fansubs because they love anime—in fact, most love all things Japanese.
  • Fansubs predate BitTorrent, broadband, the dotcom boom and bust, and even the World Wide Web.
  • Fansubbers distributed or traded the finished videocassette tapes to others, but because of the time and cost involved of mailing out a physical medium, distribution was limited.
  • At one time fansubs were virtually the only way that fans could watch (and understand) anime.
  • But as with the music industry, the benefits of digital technology and the internet brought problems.46 Fansubbers started to take advantage of faster computers that allowed them to subtitle anime without the need for expensive, specialized equipment.47 This made it easier for more people to fansub because of the lower cost barriers to becoming a fansubber. The internet also meant that fans could meet from around the world, thus making it more likely that fansub groups would form. Today, groups now make digital video files instead of videocassettes.
  • Fansubbed videocassettes offered a poor quality picture and sound that encouraged fans to buy the licensed product when it came out and also limited the number of copies that could be made from a single original cassette (or from 2nd and 3rd generation cassettes).49 Digisubs offer a quality comparable to official (DVD) releases and the ability to make limitless copies.
  • Fansubbers then “release” their fansubs to fans. Distribution happens through all of the regular internet channels, including p2p services (Kazaa, eMule, etc), BitTorrent, IRC, and newsgroups.
  • Lessig essentially asks the question, “Do our laws stifle creativity and sharing to the point where it harms society?”78 Some point to fansubs and anime as part of the answer to this question—when a company allows some illegal activity it actually benefits.
  • Unfortunately for fansubbers, copyright law does not condone their activities.80 International copyright treaties such as the Berne Convention, state that its signatories (such as the United States and Japan) should grant authors the exclusive right to translation.
  • copyright law construes translations as “derivative works”.82 Derivative works are any work “based upon one or more preexisting works.
  • Within Japan, fansubs could potentially be within the law because the Japanese take a more relaxed attitude towards some aspects of copyright law and include private use and non-profit exceptions into their law.
  • The Japanese legal system may also, as a practical matter, discourage litigation towards fansub groups within Japan,
  • For infringements outside of Japan, it is no small wonder that Japanese companies do not bother with the expense of enforcing a right against a group whose infringement affects a distant market with a different legal system.
  • In his article regarding selective copyright enforcement and fansubs, Kirkpatrick argues for a fair use defense under U.S. law for fansub activities based on the cross-cultural value of translations, the non-commercial nature of fansub groups, and the potential market enhancement for the original work.
  • The fact remains that fansubs may create a preferable product for otaku—thus decreasing any market enhancement arguments.
  • One wonders what could be easier than a few clicks of the mouse and a few hours (or less) wait for a file to download, for free. Many video files deliver comparable picture quality and fandubs do exist.
  • Regardless of any potential defense, the law sufficiently tilts towards copyright holders so that they can easily use the threat of suit as enforcement.
  • The sheer cost of defending a copyright suit makes for a powerful incentive for fansubbers to settle, especially since fansubbers make no money from their activities and are unlikely to have any assets.
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