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The right of making available - 0 views

  • The concept of open source, as with intellectual property generally, is based on the fact that my possession of a copy of a program doesn't interfere with your possession of a copy of the same program.
  • The general term for that is "nonrivalrous,"
  • Who is supposed to be doing the open sourcing here? For those of us who aren't Cylons, there aren't many copies. Bodies are rivalrous
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  • Open source is a great idea, but it's always important to ask who's supposed to be providing the free stuff. As I've said elsewhere, when you start to compare fields that get intellectual property protection (software, sculpture) with fields that don’t (fashion, cooking, sewing), it becomes uncomfortably obvious that our cultural policy has expected women’s endeavors to generate surplus creativity but has assumed that men’s endeavors require compensation,
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WTO | intellectual property (TRIPS) - agreement text - enforcement - 0 views

  • 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.
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  • 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.
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Rebecca Tushnet's 43(B)log: Bela Lugosi's Undead - 0 views

  • r. That's a reminder that "permission culture" isn't just recent, it's really recent. Even if you're not Joyce Carol Oates, writing fiction about public figures is okay.
  • This post from Publisher's Weekly puts a particular trend in fantasy (Pride and Prejudice and Zombies; Abraham Lincoln, Vampire Hunter; et innumerable cetera) in context. The author predicts that the 70-year lag between death and fictionalization she identifies will collapse on freedom of speech grounds
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Moe and the Potential of Fantasy in Post-Millenial Japan - 0 views

  • 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.
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  • 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.
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Sense of Gender Awards - Wikipedia, the free encyclopedia - 0 views

  • sometimes called the "Japanese Tiptree Awards".
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Relationhips towards animals in Japan - 0 views

  • The relationships that people have with other animals are important in determining how they will behave to animals.
  • We found that the relationships depend on the familiarity with individuals and species in general, and the perceived functions and roles of the animals. When asked what are the most familiar kinds of animals, overall 41% said dogs, 23% cats, 13% cows, 6% birds, 5% pigs, 4% chickens, 3% fish, 2% tortoise, with 2% other mammals and 1% beetles.
  • They viewed the question in terms of the species, but pet owners interpreted it more as individuals.
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  • A diverse range of feelings was seen, in addition to the predominant response, which was cute or pretty
  • People were also asked what types of animals they would like to have a relationship with in the future, and why they want to. This is shown in the next slide, depending on the animals they were in relationships with now. The popular animals were similar to the ones they have, with 49% saying dogs, 29% cats, other mammals were mentioned by 8%,
  • Animals were mentioned by less than 10% of respondents to the International Bioethics Survey in Japan in 1993 as part of an image of nature, with only a few more mentioning animals in images of life (Macer, 1994). However, 80% agreed with a statement that animals have rights that people should not violate.
  • A number of people personified animals,
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Thought Police Can't Protect Real Children - 0 views

  • would have established the catagory of "nonexistent youth"
  • The banning of fictional depictions of child abuse would likely be as meaningless as the banning of fictional depictions of car chasing with the aim toward reducing motor vehicle accidents in real life.
  • If content alone was the issue, war footage and horror films should be banned as well.
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  • Content in itself is not the issue--Child pornography has been outlawed because the methods involved in production involve real children in possibly abusive circumstances. How the material was produced is what makes it criminal, not what impression it conveys on the audience. 
  • Child pornography involving real children being sexually abused is horrid beyond words. For that very reason, I find it reprehensible to mix together such acts of human misery and suffering with illusionary fantasy that exists only in the author's imagination. Widening the definition of child pornography to include fictional material belittles the gravity of real sex abuse.
  • Many convicted criminals also cite the Bible as their inspiration of conducting astonishingly savage acts, and yet few would attribute the Bible as the root cause of such criminal behavior. Why?--Because free societies accept the principle that people are responsible for their own actions.
  • It is very dangerous to restrict the actions and rights of citizens based on the principle that some limited number of individuals may act irresponsibly. This is the equivalent of removing knives from the household kitchen because someone used a meat cleaver to commit a crime. Again, this logic is unbelievably reckless as well.
  • Furthermore, crime statistics published by the Japanese police themselves show no causality between the proliferation of erotic material and sex crimes. The crime rate has dramatically decreased since WW2 while the availability of erotica and violent fictional entertainment has risen by leaps and bounds during the same period.
  • It is easily imaginable that an endless cycle of accusations and denials will unfold regarding establishing the "true age" of fictional characters. Authors and publishers will more than likely attempt to proclaim that the characters look young, but they are actually above the age of 18. Physical attributes vary between widely depending on race and ethnicity, not to mention fictional non-human characters.
  • Publishers and authors are extremely proficient in adapting toward new regulations. If graphical depictions are banned, then abstract or comedic depictions will increase.
  • Either an ever increasing set of symbols will be deemed to be inappropriate to be linked to a core human attribute--human sexuality--or the futility of the ban will lead the law to become impotent over all.
  • Even today, numerous adult manga publications have self censorship standards that are mind-boggling. Authors have complained about how some editors have insisted on having all female characters appearing in their works be endowed with large breasts because drawing women as they appear more like in real life was deemed "too childish looking." 
  • Banning the fictional depictions of minors involved in sexual situations will make a fundamental core human attribute taboo.
  • Such a ban will stifle creativity and impoverish the cultural landscape.
  • The value attributed to works of literature and art change over time. The works of modern art and literature from the last two centuries are filled with examples where they were deemed to be vile, corruptive trash by contemporary authorities, but now these same works enjoy high status as priceless cultural treasures.
  • A culture grows richer through addition, not by subtraction.
  • A ban on fictional depictions of minor engaged in sexual situations has the very real potential to brand individuals as sex offenders even though they have had no sexual contact with real people. I believe there could be no legal justification for destroying people's lives simple because they drew doodles on paper, but the proposed ban would create such a legal precedence. 
  • I am absolutely certain that history will not look back kindly upon such a ban, and it will join a long list of colossal failures of regulatory policy, such as the prohibition of alcohol in the US between 1920 to 1933, various sodomy laws, the comic book code, and bans on socialist literature in Japan during the prewar era. It is important to note that all these failed moral crusades were led by virtuous and diligent individuals intent on making the world a better place. 
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Otaku: Japan's Database Animals - 0 views

  •  
    by Hiroki Azuma
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Webster's World of Cultural Policy - 1 views

  • Facing the indifference and hostility of the vast majority of their populations -- sometimes referred to as "non-publics," to indicate their disinterest in establishment culture -- European policy-makers reinterpreted their own roles. They began to see themselves as needing to address the many cultures within their societies, not simply promoting the traditional "high art" culture favored by wealthy patrons in the past. Instead of focusing on how to lure people into established arts institutions, these cultural ministers turned to a set of much broader social questions: How can we begin to overcome the already-entrenched alienation of modernization? How can we retrieve and preserve relevant traditions? How might we facilitate cross-cultural communication, even cooperation? How can we help animate community life?
  • Among the primary means devised to realize the aims of cultural democracy is community animation.
  • What's most important for advocates of cultural democracy is to keep the big picture in mind.
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