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Archive for the ‘Copyright’ Category

Newspapers: Effects of Closing their Content Ecosystem?

May 7th, 2009 Christopher No comments

whoownsknowledgeI rely on other people to produce content for me to consume, and I reciprocate by providing my own content (via this blog, government submissions, submissions to alternative news sites, interviews on radio, etc.) to the public. I see this as a reciprocal relationship, insofar as anyone can come here and use my content so long as they abide by my creative commons license. Unfortunately, most advocates for newspapers would see what I do (i.e. blog, think publicly) as unequal to their own work. I’m just an amateur, and they’re the professionals.

One of my colleagues recently linked me to a statement that David Simon presented to Congress about the life or death of newspapers. His argument is (roughly) that bloggers and other ‘amateurs’ cannot be expected or trusted to perform the high quality journalism that these ‘amateurs’ then talk about online (Note from Chris: clear case in point, the critical analysis by journalists of the Bush administration and Iraq compared to bloggers. Oh…wait…). You need dedicated professionals who are professionally trained to generate consistently high quality and accurate content. At the same time, the for-profit model of newspapers has led them to cannibalize their operations for profit. Newspapers will perish if capitalism and the market are seen as ’solutions’ to the demise of newspapers, just as amateur culture and their appropriation of media will destroy content producers. Something must be done. Read more…

EU: Judicial Review Central to Telecom Disconnects

May 6th, 2009 Christopher No comments

elpalaciodejusticiaI’m perhaps a bit idealistic, but I think that there are clear contemporary demonstrations of democracy ‘working’. Today’s example comes to us from Europe, where the European Parliament has voted to restore a graduated response to copyright infringement that pertains to when and how individuals can be disconnected from the Internet. Disconnecting individuals from the ‘net, given its important role in citizens’ daily lives, can only be done with judicial oversight; copyright holders and ISPs alone cannot conspire to remove file sharers. This suggests that any three-strike policy in the EU will require judicial oversight, and threatens to radically reform how the copyright industry can influence ISPs.

What might this mean for North America? If policy learning occurs, will we see imports of an EU-style law on this matter? Do we want our policy actors to adopt an EU-model, which could be used to implement a three-strike rule that just includes judicial review at the third strike? In Canada, with the tariffs that we pay, there are already permissible conditions for file sharing – do we really want to see strong American or WIPO copyright legally enforced on our soil? Read more…

Categories: Copyright, ISPs, Internet, Politics

Privacy, Dignity, Copyright and Twitter

May 5th, 2009 Christopher No comments

privacyfield[Note: this is an early draft of a section of a paper I'm working on titled 'Who Gives a Tweet about Privacy'. Other sections will follow as I draft them.]

Unauthorized Capture and Transmission of Data

Almost every cellular phone that is now sold has a camera of some sort embedded into it. The potential for individuals to capture and transmit our image without permission has become a common fact of contemporary Western life, but this has not always been the case. When Polaroid cameras were new and first used to capture images of indiscretions for gossip columns, Warren and Brandeis wrote an article asserting that the unauthorized capture and transmission of photos and gossip constituted a privacy violation. Such transmissions threatened to destroy “at once robustness of thought and delicacy of feeling. No enthusiasm can flourish, no generous impulse can survive under [gossip’s] blighting influence” (Warren and Brandeis 1984: 77). Individuals must be able to expect that certain matters will be kept private, even when acting in public spaces – they have a right to be let alone – or else society will reverse its progress towards civilization. Read more…

Facebook Fights Search Engines Over Copyright

April 8th, 2009 Christopher No comments

DarkKnightPirateBayThe problem with walled gardens such as Facebook, is that you can be searched whenever you pass through their blue gates. In the course of being searched, undesired data can be refused – data like links to ‘abusive’ sites that facilitate copyright infringement. As of today, Facebook has declared war on the Pirates Bay, maintaining that because links to the site often infringe on someone’s copyright then linking to it violates the terms of service that Facebook users agree to. Given that the Pirates Bay is just a particularly specialized search engine, it would seem that Facebook is now going to start applying (American?) ethical and moral judgements on what people use to search for data. Sharing data is great, but only so long as it’s the ‘right kind’ of data.

What constitutes ‘infringing’ use when talking about a search engine? Google, as an example, lets individuals quickly and easily find torrent files that can subsequently be used to download/upload infringing material. The specific case being made against the Pirate Bay is that:

“Facebook respects copyrights and our Terms of Service prohibits placement of ‘Share on Facebook’ links on sites that contain “any content that is infringing. Given the controversy surrounding The Pirate Bay and the pending lawsuit against them, we’ve reached out to The Pirate Bay and asked them to remove the ‘Share on Facebook’ links from their site. The Pirate Bay has not responded and so we have blocked their torrents from being shared on Facebook.” (Source) Read more…

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