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Nele Noppe

Of Otakus and Fansubs - 0 views

www.law.ed.ac.uk/...hatcher.asp

academic anime copyright fans fansubbing internet fanficforensics phd

shared by Nele Noppe on 23 Dec 08 - Cached
  • 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.
  • ...26 more annotations...
  • 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.
Nele Noppe

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

muse.jhu.edu/...5.lam.html

academic manga dojinshi fans manga_industry

shared by Nele Noppe on 26 Nov 10 - No Cached
  • 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
  • ...29 more annotations...
  • 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

Moe and the Potential of Fantasy in Post-Millenial Japan - 0 views

www.japanesestudies.org.uk/...Bryce.html

academic manga anime moe fans characters romance sexuality games kawaii zoomorphism affect emotion visual_language boys_love dojinshi phd

shared by Nele Noppe on 11 Mar 10 - Cached
  • If kawaii, or the aesthetic of cute, is the longing for the freedom and innocence of youth, manifesting in the junior and high school girl in uniform (Kinsella 1995), then moe is the longing for the purity of characters pre-person, manifesting in androgynous semi and demi human forms. This is called 'jingai,' or outside human, and examples include robots, aliens, dolls and anthropomorphized animals, all stock characters in the moe pantheon. A specific example would be nekomimi, or cat-eared characters. More generally, in order to achieve the desired affect, moe characters are reduced to tiny deformed 'little girl' images with emotive, pupil-less animal eyes
  • I argue fantasy characters offer virtual possibilities and affect
  • Moe is also used by fujoshi, zealous female fans of yaoi, a genre of manga featuring male homosexual romance. However, the word moe indicates a response to fantasy characters, not a specific style, character type or relational pattern. While some things are more likely than others to inspire moe, this paper will focus mainly on the response itself rather than the forms that inspire it.
  • ...43 more annotations...
  • Both otaku and fujoshi
  • The moe character is a 'body without organs' (Deleuze and Guattari 1987), and the response to its virtual potentials is affect.
  • Massumi argues affect is a moment of unformed and unstructured potential (Massumi 2002). The experience, what he calls an 'intensity,' is outside of logical language and conscious control. Moe provides a word to express affect, or to identify a form that resonates and can trigger an intensity.
  • It is for this reason that moe is consistently misunderstood as first and foremost images of young girls instead of a response to virtual potentials
  • In the field interacting with otaku and fujoshi, I was constantly confronted by the concept of moe, and found it necessary to engage it.
  • These are both men and their discourse centers on male otaku, but I will argue from them a more general theory, applied later in the paper to fujoshi structures of desire.
  • Honda, a youth-oriented novelist and self-styled moe critic, defines moe as 'imaginary love'
  • the salient point is his judgment that a relationship with a mediated character or material representations of it is preferable to an interpersonal relationship.
  • the moe man is feminized
  • While recognizing the conservative nature of otaku sexuality, Azuma attempts to account for the schizophrenic presence of perversion in the moe image. For Azuma, otaku are postmodern subjects with multiple personalities engendered by their environment and enthusiastic media consumption
  • To feel moe for all characters in all situations, the narrative connecting characters or moments in time is de-emphasized.
  • cat ears,
  • response is unconnected with 'reality' and thus offers new potentials to construct and express affects.
  • Separating their desire from reality allowed for a new form of affect called moe.
  • Simply stated, moe is about unbounded potential.
  • Moe is affect in response to fantasy forms that emerged from information-consumer culture in Japan in the late stages of capitalism.
  • conditioning of young girls into 'pure consumers'
  • Such a space is disconnected from social and political concerns, and exists for the preservation of the individual.
  • the media and consumption feeding into moe is a specific sort centered on affect.
  • Manga scholar Itou Gou argues that since the end of the 1980s characters in anime, manga and videogames became so appealing that fans desired them even without stories (Itou 2005). Ito dubs such character types 'kyara,' distinct from characters (kyarakutaa) embedded in narratives.
  • Proof of this can be found in the rise of 'parody' doujinshi,
  • The doll-like and semi-human Ayanami became the single most popular and influential character in the history of otaku anime; fans still isolate parts of the character to amplify and rearticulate in fan-produced works to inspire moe.
  • In works featuring these characters, the original work functions as a starting point, and the extended process of producing and consuming moe takes place among fans in online discussions and videos, fan-produced comics (doujinshi), costume roleplay (cosplay) and figures.
  • virtual potentiality
  • That the moe form, the body without organs, is outside personal and social frames is precisely why it triggers affect.
  • 'moe otaku' a superficial fixation on surfaces and accelerated consumption of disposable moe kyara, impetus for him to declare this younger generation culturally 'dead'
  • One man I spoke with said, 'Moe is a wish for compassionate human interaction. Moe is a reaction to characters that are more sincere and pure than human beings are today.' Similarly, another man described moe as 'the ultimate expression of male platonic love.' This, he said, was far more stable and rewarding than 'real' love could ever be. Manga artist Akamatsu Ken stresses that moe is the 'maternal love' (boseiai) latent in men,[xxi] and a 'pure love' (junsui na ai) unrelated to sex, the desire to be calmed when looking at a female infant (biyoujo wo mite nagomitai) (Akamatsu 2005). 'The moe target is dependent on us for security (a child, etc.) or won't betray us (a maid, etc.). Or we are raising it (like a pet)' (Akamatsu 2005). This desire to 'nurture' (ikusei) characters is extremely common among fans. Further, moe is about the moment of affect and resists changes ('betrayal') in the future, or what Akamatsu refers to as a 'moratorium' (moratoriamu). Moe media is approached as something of a sanctuary from society (Okada 2008), and as such is couched in a discourse of purity.
  • I will now demonstrate how it is further possible to reduce people to characters, or to reduce reality to fantasy in pursuit of moe.
  • Association with the two-dimensional world, and lack of depth or access in the three-dimensional world, makes a maid moe.[
  • The appeal of the maid cannot purely be sexual: As many as 35 per cent of customers are women
  • this arose in Japan in the late stages of capitalism as a result of shifts in consumer-information society
  • bias towards male fans of anim
  • aoi erases the female presence because fans say female-male or even female-female couples[xxxvi] are too 'raw' (namanamashii). Put another way, the reality of relationships is removed from yaoi to make the moe response possible.
  • the ambiguous yaoi 'male' is quite literally a body without organs
  • Many other fujoshi I spoke with dated men even as they imagined possibilities of coupling them as characters with other men.[xl] As Saitou points out, the reality of heterosexual relationships and virtual possibilities of homosexual couplings are separate and coexistent (Saitou 2007). Journalist Sugiura Yumiko explains this as the crucial difference between fujoshi and otaku, who approach fantasy as an alternative for things that they actually want but cannot realize in this world (Sugiura 2006).[xli] A fujoshi, for example, would not 'marry' a two-dimensional character the way some otaku advocate;
  • Sugiura is importantly highlighting that fantasy and reality are separate and coexistent, but this is widespread in moe culture and not solely a female quality.[xlii] As much as male otaku boast of their two-dimensional wives, they often do so with levity as a self-conscious performance
  • While it is true that men tend to feel moe for single characters that they can possess while women feel moe for relationships or character couplings, this broad difference is fast disappearing. In truth, the media popular among so-called 'moe otaku' in recent years has come to resemble yaoi aesthetics: multiple girls in a nostalgic or fantastic world with minimal male presence and heightened emphasis on relationships and emotions
  • In all cases, the database (Azuma 2009) is present. The elements that constitute and indicate a certain type of top or bottom, for example glasses or hairstyle or height, are predetermined; any given top or bottom is a construct of defined character traits and behavior.
  • One of the most recognizable features of the moe phenomenon is the anthropomorphization of objects into objects of desire. Otaku turn cats, war machines, household appliances and even men of historical significance into beautiful little girls to trigger moe. Reality is flattened, and from it emerge polymorphous forms of stimulation. Similarly, fujoshi can rearticulate anything into beautiful boys and sexualized yaoi relations. Moe characters can be based on a written description or drawn image, a physical person or even anthropomorphized animals, plants and objects.
  • The erotic fantasy effectively re-mystified their world, adding a layer of potential to the mundane (the very ground under their feet!) and making the familiar queer and exciting. Latent potential so unlocked, the three friends replayed the moe relationship across other potential players such as shampoo and conditioner, knife and spoon, salt and pepper.
  • More startling and subversive is 'moe politics' (seiji moe), where national histories, international relations and imposing world leaders are reduced to moe characters across which yaoi romance can be read.
  • It should be noted that Hetaria was written by a man, and these sorts of stories are becoming increasingly popular among young men known as 'fudanshi' (rotten boys).
  • it precisely because it is pure that it can give birth to such perverse and polymorphous possibilities.
Nele Noppe

A nightmare of capitalist Japan: Spirited Away - 0 views

www.ejumpcut.org/...text.html

academic anime miyazaki_hayao shinto religion economy cosplay characters technology fanficforensics phd

shared by Nele Noppe on 22 Jun 09 - Cached
  • "Our old enemy 'poverty' somehow disappeared, and we can no longer find an enemy to fight against" (Miyazaki, 1988). In other words, after Japan's industrial success since the Meiji restoration in 1890s and recovery from WWII cast out poverty from the nation, people still remain possessed by an illusion of gaining a wealthy everyday life and continue living with a gap between their ideal and real life. As a result, an endless and unsatisfying cycle of production and consumption has begun destroying harmony among family and community (Harootunian, 2000).
  • Zizek (1989) points out that people of late capitalism are well aware that money is not magical. To obtain it, it has to be replaced through labor, and after you use it, it will just disappear, as will as any other material. Allison (1996) adds to this point: "They know money is no more than an image and yet engage in its economy where use-value has been increasingly replaced and displaced by images (one of the primary definitions of post-modernism) all the same” (p. xvi).
  • Related to its presentation of the loss of spiritual values, the film elaborates an extensive critique of another contemporary global issue: identity confusion. A symptom of identity loss is seen in the way that cultures today encourage people to constantly refashion their self-image, so that individuals construct their identity based on ideals presented in popular media.
    • Nele Noppe
      Nele Noppe on 04 Aug 09
       
      testing
  • ...4 more annotations...
  • Because of the gap between the real and the fantasy, people in late capitalist society become ever more unsatisfied with themselves. Perhaps, that is one of the reasons why people are more and more attracted to anime, where transformation of identity are easily visually accomplished. To illustrate, we may name a few examples from a popular daily life phenomenon among anime fans, called “cosplay.”
  • When you are cosplaying, your identity depends on what others know about the character, not on who you are. Cosplay, therefore, allows the players to change their identity.
  • Miyazaki stresses the importance of having a proper name to warn us against the possibility of losing our identity in the post-modern world. When Chihiro first gets hired by Yubaba, Yubaba alters Chihiro’s name to Sen. Later Haku explains to Chihiro that Yubaba controls people by stealing their names. The plot operates on the premise that if Chihiro forgot her original name, she would forget about her past and never be able to go back to where she was from.
  • Besides Chihiro and Haku, a key character representing identity confusion is No-Face, who has only a shadow-like body and a mask. The mask does not hide his face for he has no face; rather, the mask constructs his outside identity. Since the mask symbolizes a product that people can buy with money, here it indicates an unoriginal identity that people can construct by giving into materialism.
Nele Noppe

A Fannish Field of Value: Online Fan Gift Culture - 0 views

muse.jhu.edu/...48.4.hellekson.html

fans fanwork gender gift_economy

shared by Nele Noppe on 28 Nov 10 - No Cached
  • Fan community clearly cannot be constituted by anyone other than the fans themselves. This tenet remains central to the constitution of fan culture, just as it is continually renewed by the exchange of symbolic gifts.
  • they exchange personally charged aspects of themselves in a gift culture whose field of value specifically excludes profit, further separating their community from the larger (male-gendered) community of commerce.
  • To engage is to click, read, comment, write, make up a song and sing it; to hotlink, to create a video, to be invited to move on, to come over here or go over there—to become part of a larger metatext, the off-putting jargon and the unspoken rules meaning that only this group of that people can negotiate the terrain. Within this circle of [End Page 113] community—and in media fandom, women overwhelmingly make up this community1—learning how to engage is part of the initiation, the us versus them, the fan versus the nonfan.
  • ...11 more annotations...
  • At the heart of this anticommercial requirement of fan works is fans' fear that they will be sued by producers of content for copyright violation. The general understanding is that if no money is exchanged, the copyright owners have no reason to sue because they retain exclusive rights to make money from their property
  • The notion of the gift is thus central to fan economy as it currently stands, although, as Abigail De Kosnik argues in her essay in this issue, it may be time for the community to consider creating an alternative model that will permit women to profit.
  • This exchange in the fan community is made up of three elements related to the gift: to give, to receive, and to reciprocate.2 The tension and negotiation between the three result in fan creation of social relationships that are constructed voluntarily on the basis of a shared interest—perhaps a media source like a TV show or, perhaps, fandom itself. Fan communities as they are currently comprised, require exchanges of gifts: you do not pay to read fan fiction or watch a fan-made music vid.
  • Fans insist on a gift economy, not a commercial one, but it goes beyond self-protective attempts to fly under the radar of large corporations, their lawyers, and their cease-and-desist letters. Online media fandom is a gift culture in the symbolic realm in which fan gift exchange is performed in complex, even exclusionary symbolic ways that create a stable nexus of giving, receiving, and reciprocity that results in a community occupied with theorizing its own genderedness.
  • But the items exchanged have no value outside their fannish context. In fact, it is likely that they do not literally exist; fandom's move to the Internet means that the items exchanged are hyperreal and capable of being endlessly replicated.
  • Money is presented less as a payment than as a token of enjoyment.
  • The items offered as gifts are not destroyed but are incorporated into a multivocal dialogue that creates a metatext, the continual composition of which creates a community, and the rhetorical stance of that dialogue is to create a gendered space.
  • The gifts have value within the fannish economy in that they are designed to create and cement a social structure, but they themselves are not meaningful outside their context.
  • Each proffered item represents an aspect of the giver: time, talent, love, desire. The result—"personally charged"12 gifts, responses in kind—generates a female-gendered community, but the role of the individual within that community is equally crucial.
  • When the rules of exchange are broken, the punishment is swift. One recent incident that exemplifies this was the attempt of (male) venture capitalists to profit financially from (female-generated) fan fiction.
  • The FanLib debacle illustrates that attempts to encroach on the meaning of the gift and to perform a new kind of (commerce-based) transaction with fan-created items will not be tolerated. Henry Jenkins notes, "They simply hadn't really listened to, talked with, or respected the existing grassroots community which surrounded the production and distribution of fan fiction."17 The site attempted to bypass the artwork-generating [End Page 117] fan community altogether—a serious misreading of FanLib's audience. FanLib broke the rules of the community's engagement by misreading "community" as "commodity," and the site failed thanks to intense backlash, an expression of fannish defense of their field of value.
Nele Noppe

Knock it off: Global treaty against media piracy won't work in Asia | Full Page - 0 views

www.sfgate.com/...article.cgi

copyright law asia politics

shared by Nele Noppe on 27 Nov 10 - No Cached
  • 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?'"
  • But Lam points out that things are fundamentally different now. For one, hardware used to be differentiated by where it was manufactured.
  • You have name-brand stuff and knockoff stuff being made side by side, maybe even coming off the same assembly line."
  • ...11 more annotations...
  • Indeed, an entire consumer subculture has sprung up around counterfeit goods in China, what Chinese refer to as shanzhai or, literally, "mountain village" products (the name comes from the fact that, in ancient times, bandits would often build their redoubts in high passes, out of reach of the short arm of the law). Though its name suggests something remote and marginal, in reality shanzhai is now a mainstream phenomenon. It's estimated, for instance, that one of every five cellphones produced in China -- some 150 million devices -- are shanzhai.
  • One could argue that, by duplicating existing feature sets while striving to offer more, shanzhai may actually be driving innovation (of sorts), contrary to the argument made by those who suggest that without airtight and infinitely extended IP protection, there's no incentive for the development of groundbreaking new products and technologies. Of course, the truth is somewhere in between. Not all of the "innovations" of shanzhai products are particularly useful (one shanzhai Blackberry Pearl clone offers a built-in electric razor, for instance). But the knockoffs have certainly exerted downward pressure on price, forced major brands to compete on quality and service, as opposed to perceived prestige and appearance, and derailed artificial constraints imposed by manufacturers and governments that are ultimately harmful to consumers.
  • Which explains why, when Apple finally partnered with China Unicom to officially introduce the iPhone to the market earlier this month, the response was tepid at best: The official iPhone was crippled at launch (its WiFi connectivity disabled by government mandate), cost a cool grand and was locked to the Unicom network. "The rumor -- it's all water cooler gossip at this point -- is that they sold around 5,000 units in the first week," says Lam. "That's a shockingly low number. But you have to consider that anyone who's wanted an iPhone in China has been able to get one for years now, unlocked, fully functional, at a cheaper price. The 'official' launch is meaningless -- the unofficial launch happened so long ago that no one even cares." The estimated tally of grey-market iPhones in use in China? More than 1.5 million.
  • in today's frictionless global market it's harder to put barriers between consumers and the stuff they want. If something is available anywhere, people can get it everywhere.
  • Welcome to contemporary Korea, where a titanic digital public works program in the '90s resulted in 85 percent of the population having home broadband access that's faster than anything commercially available in the U.S. "What they think is normal in Seoul is vastly different from what we think is normal here -- the stuff we read about in Popular Science, they take for granted," says DramaFever's Seung Bak. "A show will air on TV, and 10 minutes later it'll be uploaded in HD quality to a sharing site where anyone can download it in about 10 seconds." So Korea can be thought of as something of a laboratory for the future of digital media, because it's just a matter of time before the rest of the world's bandwidth catches up.
  • Call it the can't-beat-'em, might-as-well-join-'em syndrome. Strict enforcement has prompted an endless game of whack-a-mole, with pirates moving on to new platforms as their old ones are shut down. But by giving filesharers and sharing platform operators incentives to offer legal, licensed services -- while ensuring that the user experience their audiences have been drawn to remains the same -- a solution emerges that might just allow everyone to benefit.
  • Two strokes of good fortune helped CrunchyRoll survive, both occurring in the fall of 2008. The first was the cable channel Cartoon Network's surprising decision to cancel its venerable Toonami programming block -- for years one of the most reliable sources of anime on broadcast television. The second was an unique deal the company was able to negotiate with TV Tokyo, the broadcaster that airs more anime than any other Japanese network. "TV Tokyo controls 40 percent of Japan's anime series, and we were able to get them to agree to let us put episodes of their shows up on our site within one hour of broadcast," says Gao. "Not even Hulu can do that. It effectively means that we're the 'first window' for content. And the reason they agreed is that they know we're growing their audience: We're getting them viewers they'd never be able to access on their own."
  • The deal prompted other broadcasters to fall in line. Now, CrunchyRoll simulcasts English-subtitled editions of 20 out of the 40 anime programs currently on the air in Japan. Free programming is bookended with advertising; a premium option costing as little as $5 a month eliminates the ads, provides access to high-definition content and subscriber-only programming, and puts a little premium member badge on a user's profile. "That's more important than you'd think," says Gao. "One of the things we realized early on was that CrunchyRoll isn't just a video sharing site, it's a social network for fans of Japanese animation. The little badge is social proof that you're a real supporter of the site."
  • That partnership between content provider and consumer is exactly what's missing in the Western world's debate over intellectual property, where movie studios and record labels talk about their customers as potential criminals. In Asia, media companies have a much closer and more interactive relationship with fans, treating them as partners in evangelizing their products -- even when that means blurring the lines of copyright restrictions.
  • "They realize these unauthorized spinoffs help to build the fandom, and ultimately drive sales of the original," she says.
  • "Japanese tend to resolve things in extralegal fashion, whereas in the U.S., Disney will send out a whole battalion of lawyers," notes manga historian Fred Schodt. "It's not an exaggeration to say that much of the current state of U.S. copyright law has come about due to Disney's efforts to keep Mickey Mouse from falling into the public domain."
Nele Noppe

Two-Tiered Japanese Blogs - 0 views

clast.diamondagency.jp/en

blogging social_networking privacy fanficforensics phd

shared by Nele Noppe on 13 Jan 09 - Cached
  • . The major lesson seems to be, if you are an individual with authority and legitimacy established through traditional channels, you are free to use a name and face on the internet. Everyone else, too bad.
  • Most likely, non-famous Japanese individuals unconsciously fear some form of punishment for establishing a public identity through a non-legitimized blog or stating opinions without proper self-legitimacy. Of course, Western blogs also are an affront to the social order, but that is exactly why ambitious individuals embrace blogs — to jump around professional barriers and bottlenecks. In other words, the West’s excitement about blogs is that you can create a name for yourself by stating opinions publicly. In Japan, the excitement appears to be that you can state opinions without having a name attached.
  • The end result is that anonymity blunts the net’s possibility of changing the current social order. The two-tier system of blogs reinforces the fundamental principles of Japanese social organization. Only individuals at the top of the hierarchy are allowed to embrace a public identity, just as it was before Web 2.0.
Nele Noppe

SAMPLE REALITY · On Hacking and Unpacking My (Zotero) Library - 0 views

www.samplereality.com/...nd-unpacking-my-zotero-library

academia research zotero phd

shared by Nele Noppe on 19 Mar 10 - Cached
  • We’ve all had that experience of reading a journal article or — damn it! — a mother effing blog in which the author tackles clearly, succinctly and without pause some deep research concern that we’ve been pondering for years, waiting for it to blossom into a Beautiful Idea in our writing before going public with it. And POOF! somebody else says it first, and says it better. Keeping our sources private is the talisman against such deadly blows to our research, akin to some superstitious taboo against revealing first names. We academics are true believers in occult knowledge. To put it in the starkest terms possible: before I published my library I was concerned that someone might take a look at my sources and somehow reverse engineer my research. Let’s face it, I’m an English professor. It’s not as if I’m working on the Manhattan Project. Are we in the humanities really that ridiculous and self-important? Let’s face it, I’m an English professor. It’s not as if I’m working on the Manhattan Project. My teaching and research adds only infinitesimally incrementally to the storehouse of human knowledge.
  • I don’t mean to belittle what scholars in the humanities do à la Mark Bauerlein. On the contrary, I think that what we do — striving to understand human experience in a chaotic world — is so crucial that we need to share what we learn, every step along the way. Only then do all the lonely hours we spend tracing sources, reading, and writing make sense.
  • Nele Noppe on 19 Mar 10
     
    "We've all had that experience of reading a journal article or - damn it! - a mother effing blog in which the author tackles clearly, succinctly and without pause some deep research concern that we've been pondering for years, waiting for it to blossom into a Beautiful Idea in our writing before going public with it. And POOF! somebody else says it first, and says it better. Keeping our sources private is the talisman against such deadly blows to our research, akin to some superstitious taboo against revealing first names. We academics are true believers in occult knowledge. To put it in the starkest terms possible: before I published my library I was concerned that someone might take a look at my sources and somehow reverse engineer my research. Let's face it, I'm an English professor. It's not as if I'm working on the Manhattan Project. Are we in the humanities really that ridiculous and self-important? Let's face it, I'm an English professor. It's not as if I'm working on the Manhattan Project. My teaching and research adds only infinitesimally incrementally to the storehouse of human knowledge."
Nele Noppe

Rivalry (economics) - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Nonrival_good

economy law

shared by Nele Noppe on 24 Nov 10 - No Cached
  • 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]
  • Most goods, both durable and nondurable, are rival goods.
  • 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.
  • ...4 more annotations...
  • Most examples of nonrival goods are intangible.
  • More generally, most intellectual property is nonrival.
  • Goods that are both nonrival and non-excludable are called public goods.
  • generally accepted by mainstream economists that the market mechanism will not provide public goods, so these goods have to be produced by other means, including government provision.
Nele Noppe

Project MUSE - Cinema Journal - Living in a Den of Thieves: Fan Video and Digital Chall... - 0 views

muse.jhu.edu/...48.4.lothian.html

fans fanwork vidding law

shared by Nele Noppe on 28 Nov 10 - No Cached
  • 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.
  • "den of thieves,"
  • 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
  • ...6 more annotations...
  • I am a member of OTW and support their advocacy unequivocally. But it seems essential to me to recognize that fans' appropriative art is not necessarily complicit with legal and economic structures as they stand. It is worth determining who defines the use as fair, and what it might mean to place a value on unfair uses.
  • What does appropriative art imply if we don't try to justify it within the terms of existing legal systems, but rather use its potential illegality to imaginatively liberate music and images from structures of corporate ownership?
  • den of thieves that nurtures "Us" and other artworks that are based on mainstream media properties for which "copyleft" licensing would be unimaginable.
  • Freedom is a slippery concept, especially when it comes to digital media. When we think about questions of copyright and digital ownership through cultural theft, freedom from domination lines up with freedom from having to pay—at least on the surface. Theft, piracy, and the commons are all concerned with getting things for free, and current configurations of online media and culture are hospitable to their insurrectionary modes of ownership.
  • In recent years, media producers have explicitly sought to solicit fan participation as labor for their profits in the form of user-generated content that helps build their brand. Many fans perceive these developments as a desirable legitimation of fan work, but they can also be understood as an inversion in the direction of fannish theft. Rather than fans stealing commodified culture to make works for their own purposes, capital steals their labor—as, we might consider, it stole ideas from the cultural commons and fenced them off in the first place—to add to its surplus.
  • transformation as an undercommons: an unofficial and transient space in which work simultaneously reproduces and undermines the structures that enable it.13 Fans mobilize for a purpose that is neither radically disruptive of, nor fully incorporated into, the media industry's systems of ownership, but simultaneously supports and undercuts them while producing a collectivity of its own. And that collectivity, while it holds the media properties up, steals from them: abusing the hospitality of those who own the servers, the ISPs, the copyright, and taking its productions more seriously than they intended.
Nele Noppe

mary_j_59 - 19th-century Mores (yay!) - 0 views

mary-j-59.livejournal.com/28732.html

harry_potter snape race motherhood foreigners fanficforensics phd

shared by Nele Noppe on 15 Feb 09 - No Cached
  • Snape is the head ot Slytherin house, and that house has a foreign taint; while all the other founders of Hogwarts have good Anglo Saxon names, Salazar Slytherin shares a Christian name with a Portuguese dictator. Naturally, Slytherin must be the “evil” house. Then there are the foreign students who participate in the tournament in GOF.
  • Worse yet, they have no compunction about "cheating" humans, and have, it seems, started several wars. This picture of the goblins combines several of the worst anti-Semitic stereotypes.
Nele Noppe

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

en.wikipedia.org/...Japanese_copyright_law

copyright law phd

shared by Nele Noppe on 24 Feb 10 - Cached
  • 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
  • ...14 more annotations...
  • "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 Surprising History of Copyright and The Promise of a Post-Copyright World - 0 views

questioncopyright.org/promise

copyright history fanficforensics phd

shared by Nele Noppe on 25 Jan 10 - Cached
  • copyright was never primarily about paying artists for their work, and that far from being designed to support creators, copyright was designed by and for distributors — that is, publishers, which today includes record companies.
  • For three centuries, the publishing industry has been working very hard to obscure copyright's true origins, and to promote the myth that it was invented by writers and artists.
  • make sure the public never asks exactly who this system is meant to help.
  • ...25 more annotations...
  • They're fighting to maintain a state of mind, an attitude toward creative work that says someone ought to own products of the mind, and control who can copy them. And by positioning the issue as a contest between the Beleaguered Artist, who supposedly needs copyright to pay the rent, and The Unthinking Masses, who would rather copy a song or a story off the Internet than pay a fair price, the industry has been astonishingly successful. They have managed to substitute the loaded terms "piracy" and "theft" for the more accurate "copying" — as if there were no difference between stealing your bicycle (now you have no bicycle) and copying your song (now we both have it).
  • Copyright is an outgrowth of the privatization of government censorship in sixteenth-century England. There was no uprising of authors suddenly demanding the right to prevent other people from copying their works; far from viewing copying as theft, authors generally regarded it as flattery. The bulk of creative work has always depended, then and now, on a diversity of funding sources: commissions, teaching jobs, grants or stipends, patronage, etc. The introduction of copyright did not change this situation. What it did was allow a particular business model — mass pressings with centralized distribution — to make a few lucky works available to a wider audience, at considerable profit to the distributors.
  • For the vast majority of artists, copyright brings no economic benefits. True, there are a few stars — some quite talented — whose works are backed by the industry; these receive the lion's share of distribution investment, and generate a correspondingly greater profit, which is shared with the artist on better than usual terms because the artist's negotiating position is stronger. Not coincidentally, these stars are who the industry always holds up as examples of the benefits of copyright.
  • The first copyright law was a censorship law.
  • The method the government chose was to establish a guild of private-sector censors, the London Company of Stationers, whose profits would depend on how well they performed their function. The Stationers were granted a royal monopoly over all printing in England, old works as well as new, in return for keeping a strict eye on what was printed.
  • The system was quite openly designed to serve booksellers and the government, not authors. New books were entered in the Company's Register under a Company member's name, not the author's name. By convention, the member who registered the entry held the "copyright", the exclusive right to publish that book
  • The Stationers' right was a new right, though one based on a long tradition of granting monopolies to guilds as a means of control. Before this moment, copyright — that is, a privately held, generic right to prevent others from copying — did not exist.
  • Dissolution of the monopoly might have been good news for long-suppressed authors and independent printers, but it spelled disaster for the Stationers, and they quickly crafted a strategy to retain their position in the newly liberal political climate.
  • The Stationers based their strategy on a crucial realization, one that has stayed with publishing conglomerates ever since: authors do not have the means to distribute their own works. Writing a book requires only pen, paper, and time. But distributing a book requires printing presses, transportation networks, and an up-front investment in materials and typesetting. Thus, the Stationers reasoned, people who write would always need a publisher's cooperation to make their work generally available. Their strategy used this fact to maximum advantage. They went before Parliament and offered the then-novel argument that authors had a natural and inherent right of ownership in what they wrote, and that furthermore, such ownership could be transferred to other parties by contract, like any other form of property.
  • The first recognizably modern copyright, the Statute of Anne, was passed in 1709 and took effect in 1710.
  • The Statute of Anne, taken in historical context, is the smoking gun of copyright law. In it we can see the entire apparatus of modern copyright, but in still-undisguised form. There is the notion of copyright as property, yet the property is really intended for publishers, not authors. There is the notion of benefitting society, by encouraging people to write books, but no evidence was offered to show that they would not write books without copyright. Rather, the Stationers' argument was that publishers could not afford to print books without protection from competition, and furthermore that printers could not be depended to reproduce works faithfully if given unfettered freedom to print. The corollary, they implied, was that without the prospect of reliable distribution, authors would produce fewer new works.
  • The authors who succeeded in selling this new right to printers had no particular motivation to complain — and naturally, we don't hear very much about the authors not so favored. T
  • This is the secret that today's copyright lobby never dares say aloud, for once it is admitted, the true purpose of subsequent copyright legislation becomes embarrassingly clear.
  • Having granted the premise that copyrights should exist at all, the English government found themselves under pressure to extend copyright terms further and further.
  • The industry's centuries-long campaign for strong copyright law is not merely a reflexive land grab, however. It's a natural economic response to technological circumstances. The effect of the printing press, and later of analog sound recording technology, was to make creative works inseparable from their means of distribution. Authors needed publishers the way electricity needs wires. The only economically viable method of reaching readers (or listeners) was the bulk print run
  • There is nothing inherently exploitative about this; it's just straightforward economics. From a business point of view, a print run is a daunting and risky project.
  • When one realizes that all this must happen before the work has generated a penny of revenue, it is little wonder that publishers argue hard for copyright. The publisher's initial investment — that is, their risk — in any individual work is greater, in economic terms, than the author's
  • The arrival of the Internet fundamentally changed this equation.
  • But today, the medium over which content is distributed can be unrelated to the medium in which it is ultimately consumed. The data can be sent over a wire, at essentially no cost, and the user can print up a copy at her own expense, and at whatever quality she can afford, on the other end [7]. Furthermore, it is no longer important to possess the master; in fact, the concept of the master copy itself is obsolete. To make a perfect copy of a printed work is actually quite hard, although making a corrupt or abridged copy is very easy. Meanwhile, to make a perfect copy of a digital work is trivially easy — it's making an imperfect copy that requires extra effort.
  • Thus, a publisher's total expense was proportional to the number of copies distributed. In such a situation, it is reasonable to ask that each user bear a portion of the costs of distribution.
  • Thus the practice of charging the same fee for each copy, regardless of how many copies there are or who made them, is now unjustifiable. The cost of producing and distributing the work is now essentially fixed, no longer proportional to the number of copies
  • From society's point of view, every dollar spent beyond the amount needed (if any) to bring the work into existence in the first place is a waste, an impediment to the work's ability to spread on its own merits.
  • The Internet did something the Company of Stationers never anticipated: it made their argument a testable hypothesis. Would creators still create, without centralized publishers to distribute their works? Even minimal exposure to the Internet is enough to provide the answer: of course they will.
  • Imagine the simplest scenario: you walk into the neighborhood print shop and tell the clerk the Web address of the book you want. A couple of minutes later, the clerk comes back with a freshly printed, hardbound book, straight off the Internet. He rings up the sale. "That'll be eight dollars. Would you like to add the one dollar author's suggested donation?" Do you say yes? Perhaps you do, perhaps not — but note that when museums charge a voluntary admission fee, people often pay it. The same sort of dynamic is at work in the copy shop. Most people are happy to pay a tiny extra bit on top of some larger amount, if they have their wallet out already and think it's for a good reason.
  • This is not the only possible system, and it can easily coexist with others. Those not convinced by voluntary donations should consider another method: the Fund and Release system (also called the Threshold Pledge system [9]).
Nele Noppe

WTO | intellectual property (TRIPS) - agreement text - enforcement - 0 views

www.wto.org/...27-trips_05_e.htm

copyright legal_texts law phd

shared by Nele Noppe on 14 Apr 10 - Cached
  • Article 51 Suspension of Release by Customs Authorities
  •  Members shall, in conformity with the provisions set out below, adopt procedures (13) to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods (14) may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation of such goods. Members may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of this Section are met.
  •  Members may exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers’ personal luggage or sent in small consignments.
  • ...1 more annotation...
  • Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale.
Nele Noppe

Derivative By Any Other Name; or, A Cultural Approach to Fan Fiction Genre Theory | Ant... - 0 views

blog.commarts.wisc.edu/...ch-to-fan-fiction-genre-theory

fanwork fan_fiction phd

shared by Nele Noppe on 22 Apr 10 - Cached
  • I’d suggest that fan fiction exists within a fan community for its creation, distribution, and reception.
Nele Noppe

How Copyright Lobbyists Are Making The Child Porn Problem Worse | Techdirt - 0 views

www.techdirt.com/...child-porn-problem-worse.shtml

censorship copyright children pornography net_filtering law crime

shared by Nele Noppe on 13 Jul 11 - No Cached
  • Nele Noppe on 13 Jul 11
     
    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.
Nele Noppe

Fanfic Symposium: Naming OCs:What Makes a Show Eminently Slashable - 0 views

www.trickster.org/...symp92.html

fan_fiction slash fanficforensics phd

shared by Nele Noppe on 19 Aug 08 - Cached
  • The foremost condition that I can think of is that there must be two attractive characters of the same sex that people would like to fantasize over.
  • Another necessary condition is that the two candidates for slash must not be unredeemably heterosexual.  That rules out shows such as Remington Steele, The Scarecrow and Mrs. King, and Moonlighting, in which the men with looks to die for spent season after season chasing the female lead, frequently culminating in wedding episodes of great pomp and circumstance, albeit with a total lack of credible plot.
Nele Noppe

Music Fandom vs. Narrative Fandom - 0 views

www.onlinefandom.com/...sic-fandom-vs-narrative-fandom

fandom music fanficforensics phd

shared by Nele Noppe on 20 Mar 09 - Cached
  • I’m thinking that perhaps the most important distinction between the two fandoms is the way that music fans take the resources of their fandom outside of that fandom as part of their self-presentation in other contexts. Think t-shirts with band names (Rob Walker’s excellent book Buying In reports that Ramones t-shirts have outsold Ramones albums 10 to 1). Think playlists embedded on social network profiles. Think bumper stickers
  • How does a Lost fan dress? Can you spot a Star Wars fan walking down the street? Narrative fandom is invisible unless it’s being discussed. Music fandom is much more likely to be made visible as an intrinsic part of self-definition in a wide variety of situations.
  • The upshot is that we should be wary of taking the practices of narrative fandom on which most fandom theory has been built as exemplary of all fandom. Different kinds of materials call for different kinds of practices, and if we’re to build theories that encompass all of fandom, we need to account for these distinctions as well as the similarities.
Nele Noppe

Scans_Daily TOSed off Livejournal: If Only Someone Owned The Goddamned Servers | Organi... - 0 views

transformativeworks.org/...omeone-owned-goddamned-servers

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shared by Nele Noppe on 15 Mar 09 - Cached
  • To destroy this kind of discussion in the name of preventing piracy is exactly the kind of act that ISPs and social networking services like Livejournal protest when, for instance, copyright holders demand that they be shut down because some fraction of their users are using their infrastructure to share pirated content.
  • "if Scans_Daily were a male dominated community it would have not been suspended like this. Why? Because I don’t think it would have been on a site like Livejournal."
  • Female fans populate social network sites run by panicky male-dominated corporations who want to make money from selling advertising to women, but don’t really have the brass ovaries to deal with hosting female interaction on the internet. It’s like they expect feathered sugar with a hint of spice and are shocked to discover girls have locker room talk and smoke in the bathroom. Male fan communities seem to be owned and operated by like-minded males
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