The copyright wars

November 22, 2009

Only one thing is impossible for God: To find any sense in any copyright law on the planet.  Mark Twain 

Society confronts the simple fact that when everyone can possess every intellectual work of beauty and utility–reaping all the human value of every increase of knowledge–at the same cost that any one person can possess them, it is no longer moral to exclude. If Rome possessed the power to feed everyone amply at no greater cost than that of Caesar’s own table, the people would sweep Caesar violently away if anyone were left to starve. But the bourgeois system of ownership demands that knowledge and culture be rationed by the ability to pay.—Eben Moglen dotCommunist Manifesto

The idea of copyright did not exist in ancient times, when authors frequently copied other authors at length in works of non-fiction. This practice was useful, and is the only way many authors’ works have survived even in part. Richard Stallman

There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest.  Robert Heinlein

You may believe that copyright rows are a relatively modern phenomenon but you would be mistaken – the world’s first copyright law, known as the Statute of Anne was introduced in England in 1709. The language used by the publishers has a very familiar ring to it. The figure of the struggling author came to the fore and has been a constant ever since. These writers were having their books pirated “…to their very great detriment, and too often to the ruin of them and their families.” It proved to be a most effective lobbying strategy. In a classic example of public choice economics, a few motivated lobbyists were able to get legislation through which benefited them a lot while spreading the costs out over the rest of the population. And remember this “vital” law was passed before the Great Reform Acts, the abolition of slavery and London had a sewerage system.

Now once again the issue of copyright is in the limelight. The modern creative industries are at war with illegal downloaders. The economic argument in favour of copyright is that a monopoly is a necessary evil to give an incentive to people to create something of value. The logic is that if people weren’t paid, they wouldn’t engage in these activities. I think this argument has some truth in it but there was a lot of human creativity before copyright laws came along.

One argument we hear is that file sharing is theft – like stealing a car. That is not strictly accurate. The difference between a song or a film and a biscuit is that if I eat a biscuit, then you can’t have it because I’ve eaten it and it’s gone. A song or a film are what economists call nonrival goods, those which may be consumed by one consumer without preventing simultaneous consumption by others. This is a characteristic of intellectual property – it can be enjoyed by many people at the same time,

Since 1709 there has been a battle about copyright. The spark has usually been some technological development. The content providers always like to talk in apocalyptic terms about piracy being the end of culture as we know it. The latest round in this battle has been with the internet, which has so far been able to defeat the copyright industries. But it’s not been for want of trying; they’ve sued the operators of file sharing networks as well as some individual downloaders in the United States. They have won many of those cases, but filesharing has continued unabated. Now France has its three strikes law. Let’s put this in some kind of perspective – I think movies and DVD sales are pretty healthy and I don’t think we’ll be seeing Robbie Williams sweeping the streets any time soon.

Record companies, for example, have made a lot of mistakes. They have failed to adapt to changing times .The idea of extending copyright from fifty to seventy years is one example. There can surely be no justification for such a measure. There will surely be business opportunities but they need a different model. Singers and groups will be able to make money from concerts and merchandising. I also think €1 for a song is a bit steep. Amazon charging $9.99 for a book to read on its Kindle falls into the same category. I realise that value is a very subjective question but these prices don’t seem the money saved in distribution costs.

I can sympathise with record companies and other content providers. They have seen their whole world turned upside down. The digital transition is proving a golden age for free culture. Information does truly want to be free. I don’t know how long this situation is going to last. I think people like Rupert Murdoch are going to have a hard time trying to get anyone to pay. In the current round of copyright wars, there’s probably greed on both sides – on the part of corporate owners wanting ever more expansive rights, and on the other hand, amongst those who are the most enthusiastic peer-to-peer file sharers believing everything can be free. There’s no doubt that the majority of musicians, film makers and other artists don’t live the life of rock stars. What we need to look at whether copyright law is the best way to promote activity.

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More toilet paper than you could dream of

November 22, 2009

Last week I did a piece on the fall of the Berlin Wall. This week I thought I would reproduce a talk given by Martin Krygier analysing the changes in Poland. I know it’s a bit facile but I like it anyway:

A couple of months ago, that is now, segue to 2009, I returned from Warsaw where I teach a few weeks each year which I’ve been doing for some years. I’ve become used to it. Though it’s special to me, it’s basically just another European capital. A bit shabbier than many, but also with some lovely renovations and innovations. It all seemed pretty normal to me after the time…now. But because I was there during the 20th anniversary of June 4th and those elections, I tried to work out just what had been achieved and how much I had to forget, to remember what had been achieved. Among other things, I reread, as one does, my old articles, I discovered how much I’d forgotten. In particular what I had to make some effort to recall was just how much had had to change to seem so ordinary. No queues, food and goods of all sorts, colours, shapes, sizes. Restaurants in every language and every quality rather than one language an no quality. More than two sorts of car—in fact every sort. Radio taxis…this is a term of art in Polish. Taxis you could ring for. Because the only way to get a taxi in Poland used to be to find the stop, wherever the stop was. You couldn’t hail a cab, you had to seek out the stops where the taxis stood, unmoving, until you found and came to them. they would certainly not come to you.

There was more toilet paper than you could dream of. There were bookstores in which you could actually touch and choose the books rather than point at a distance and plead with surly and rather heavy intermediaries. So many books now, and magazines from all over the world. Huge shopping malls, advertisements… I remember when I was taking the train out of Poland in ’85, I’d fallen asleep and I woke up and I just saw a hoarding, an ordinary western hoarding advertising—I don’t know what—could be toothpaste, whatever. It was the colour of it just hit me, and then I realised I was in the west.

All this: advertisements, some gaudy, some classy, quite a lot gaudy, quite a lot not classy—all this jostling for your attention, bustling energy, taught, not slack. If you don’t like it, leave. If you miss it, return. Pretty simple, really, but it hadn’t been simple once.

…So ordinary had all this seemed to me, that had it not been this year, where I had to sort of try to remember how things had been, I wouldn’t have remembered, and I wouldn’t have been shocked. And I failed to register the historical novelty of it all until I went to visit Michnik. And I asked him, particularly given the hate-filled nature of Polish politics, which I’ll conclude, and a lot of hate of Michnik in the process, I asked him how he summed up Poland’s past 20 years. He said, ‘It’s a miracle. Independent for 20 years, no president executed, no war looming; free, democratic, unprecedentedly prosperous—in NATO, in Europe; comings, goings, open to everyone, to everywhere. Who could have imagined any of this 20 years before or, in Poland’s case, 200 years before?


My media week 22/11/09

November 22, 2009

The Daily Mail had a piece about exam howlers from a new book by humorist Richard Benson. Examples include:

Q Where was Hadrian’s Wall built?

A Around Hadrian’s garden.

Q What was Sir Walter Raleigh famous for?

A He is a noted figure in history because he invented cigarettes and started a craze for bicycles.

Q  Name one of the Romans’ greatest achievement?

A  Learning Latin.

In this BBC podcast Ben Schott, a writer of trivia books, investigates Oulipo, the French experimental literary group. Founded in 1960, Oulipo create work by imposing playful restrictions the way a text will be produced.  Here are some examples of the constraints:

S+7, sometimes called N+7  Replace every noun in a text with the noun seven entries after it in a dictionary. For example, “Call me Ishmael. Some years ago…” (from Moby-Dick) becomes “Call me islander. Some yeggs ago…”. Results will vary depending upon the dictionary used. This technique can also be performed on other lexical classes, such as verbs.

Snowball  A poem in which each line is a single word, and each successive word is one letter longer.

Lipogram Writing that excludes one or more letters. The previous sentence is a lipogram in B, F, H, J, K, Q, V, Y, and Z (it does not contain any of those letters).

Prisoner’s constraint, also called “Macao” constraint 

A type of lipogram that omits letters with ascenders and descenders (b, d, f, g, h, j, k, l, p, q, t, and y).

Palindromes  Sonnets and other poems constructed using palindromic techniques.

In this article, A Case in Antiquities for ‘Finders Keepers’, John Tierney argues the repatriation of antiquities.

The Onion has a couple of funny articles:

Nation’s Music Snobs Protest Predictable Use Of Metallica, Pantera To Torture Prisoners

Montessori School Of Dentistry Lets Students Discover Their Own Root Canal Procedures