intellectual property + social media: internet & the ip law lag
DESCRIPTION
The law relies on precedent that simply cannot keep up with our digital progress, particularly where privacy, intellectual property and web economics are concerned. [From EDiligence legal conference on security and the internet Nov 2010] Audio: http://www.discussit.co.za/index.php?option=com_content&task=view&id=274&Itemid=65TRANSCRIPT
Intellectual Property & The Internet
through the lens of social media
Maximillian Kaizenmaxkaizen.com
TOP SECRET
Distorteddestroyed
Evolving
aka. built to share
supercharged?
ISH
Empires of the Future Empires of the Mind
areThe
The
REMIXINGREALITY well before the Internet
the Internet is a copy machineKevin Kelly. Chief Maverick, Wired Magazine
SOCIAL MEDIA = cheaper production + cheaper distribution
ACCESS trumps OWNERSHIP8
NEW LANDNEW LAWSNEW LANGUAGE
could you putyour privacypolicy into
140 characters?
TRUTHINESS
learning to live in a POST-FACT SOCIETY
Stephen Colbert, 2005
Farhad Manjoo, 2009
“all your base are belong to us”
learning to live in aPOST-SECRET SOCIETY
ASSYMETRY
it’s the gateway drug to absolute evil
The Best Way to get
is to enforce it strictlya Bad Law repealed
absent legal protection, creativity dries upartists won’t bother & will all shuffle off to get
office jobs or be hippie good-for-nothing bums straining the country’s resources
DEVELOP BETTER TASTE IN PROBLEMS
WEB ECONOMICS
99c
what’s better than free?
FASHIONFOOD
COMEDY
SOCIAL MEDIA
Innovation in Low IP environments
market value by determined by desirability2-sided positionality
COMPOUND
“The most powerful force in the universe”Albert Einstein
INTEREST
“I not only use all the brains that I have, but all that I can borrow.”Woodrow Wilson
“Given enough eyeballs all bugs are shallow.” aka Linus’ Law
Eric Raymond
“Our focus should be not on emerging technologies but on emerging cultural practices”
Prof Henry Jenkins. MITvia @allankent
CULTUREPRECEDESCOMMERCE
Parodies & Dilutions
TRADEMARKS
FAN FICTIONR
BEST PRACTICE
AS A COPYRIGHT USER ONLINEYOUR RIGHTS responsibilities
• If someone else created a valuable piece of content, don’t use it without CREDITING them. Simple.
• In keeping with FAIR USE, do not reproduce whole stories. Use only the portions of headline and content needed to make your point or identify the story. Add your own commentary and content, and link to the original wherever possible.
• Read Terms & Conditions or rely on the counsel of someone who does. You may be signing over YOUR COPYRIGHTS to sites you use. That free tool you’re using is using you, make sure you know what you’re trading.
• INNOCENT INFRINGEMENT is no defense. Until laws have evolved take care, use Creative Commons or copyleft resources and reward those artists, scientists and academics who share valuable portions their work.
BEST PRACTICE
AS A COPYRIGHT OWNERYOUR RIGHTS responsibilities
• COPYFRAUD of works that are free for everyone to use - seeking licenses and fees to reproduce works in the public domain - is infringement.
• Learn about FAIR USE and make it easy for those who want to reference your work to know how to, in a way that highlights, links back and doesn’t infringe copyright.
• Deriving financial reward from your work is not exclusive to traditional copyright. Flexible, permissionless licenses are available that enables greater (aka viral) distribution for digital content and retains COMMERCIAL value for the license holder.
• Cease and desist letters used to try to silence criticism is a meritless expression of trademark and copyrights. Research the legal right to PARODY and bounds of free expression.
Goldilocks Zone{
{
PROPERTY ACCESS
digital citizenship
COMPLIANCEBEYOND
CONTEXT MATTERSNot all that is legal
is a good fit for our times. Outdated laws open loopholes for idiocy and crime.
CREDITS
IMAGES, VIDEO, REFERENCES. THANKS TO:
Ivo Kendra http://www.flickr.com/photos/yellowsofa/4122664579/
Michelle Milla http://www.flickr.com/photos/michellemilla/4771634845/
ani-bee http://www.flickr.com/photos/missnita/398994567/
PNNL Pacific Northwest National Laboratory http://www.flickr.com/photos/pnnl/4296223336/
LewishamDreamer http://www.flickr.com/photos/lewishamdreamer/3261133259/in/photostream/
The Giant Vermin http://www.flickr.com/photos/tudor
Okinawa Soba http://www.flickr.com/photos/okinawasoba
Pixel y dixel http://www.flickr.com/photos/pixelydixel/2712989489/
Iko http://www.flickr.com/people/iko/
Karanj http://www.flickr.com/photos/karanj/31869410
Piracy Paradox (2 sided positionality) Prof Sprigman. Virginia University
This work is licensed under CCAttribution.NonCommercial.NoDerivatives. Maximillian Kaizen 2010
THANKS
Instead, he chooses quietly to work on ways to ensure a future web of even
greater openness and neutrality in scientific, intellectual and political exchange.
He is what my grandfather would have called a real mensch.”
“This is a man who could have taken a hundredth of a cent for every commercial transaction for just five years and been rich beyond computation,he could have linked himself with corporations, put his name about in public, branded himself and offered his opinions on everything and everyone.
Stephen Fry on Sir Time Berners-Lee