Review: Remix – Making Art and Commerce Thrive in the Hybrid Economy

200812181934.jpgRemix: Making Art and Commerce Thrive in the Hybrid Economy continues Professor Lessig’s discussion about the role of copyright in contemporary Western societies. This time he is focusing on how digital tools are used by children and adults alike to ‘remix’ pieces of culture. ‘Remixing’ involves taking images, music, speeches, and video (for example) and manipulating and arranging them to create entirely new cultural artifacts. You see this in homemade music videos, funny YouTube clips that use music to mock or praise politicians, and in blogs where people appropriate content from various locations to create the narrative of each posting. These amateur cultural artifacts are significant, both because they are creative expressions and because they leverage the weight of the symbols that are used in remixing to create the new cultural artifact. There is very real value in the referential elements of remix culture.

Lessig distinguishes between ‘Read Only’ (RO) and ‘Read Write’ (RW) cultures. RO culture has been the traditional realm of copyright – here intellectual property is carefully fenced off from the public commons, and individuals must ask permission to use it. RW culture, on the other hand, thrives off of sharing and creatively adapting (and re-adapting) media. Neither is necessarily better or worse than the other – they are each useful in particular domains. The problem, however, is that the laws governing RO culture are now preventing RW culture from legally thriving; digital technologies enable culture to be remixed, while the laws of the land outlaw creating remixed digital artifacts without first asking the permission of rights holders. Lessig associates the RO and RW ‘culture models’ with commercial and sharing economies, arguing that the advent of digital technologies and spaces can drive a wedge between commercial and sharing economies to create hybrid cultures and economies. He points to wikipedia, craigslist, YouTube, Slashdot, and last.fm as operating within a hybrid economy between RW and RO culture. This economy thrives off of individuals’ shared participation that can stimulate commercial profits. If a company upsets the balance that makes possible this hybridity – by paying people when payment would be an insult, or mishandling the sharing of people’s contributions – there is a risk that the financial success of a company that operates in the hybrid economy will be (financially) endangered. Continue reading

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Comment: To RFID or not to RFID, that is the question

200812181131The Vancouver Sun has an article that was written by Phil Chicola, U.S. Consul General in Vancouver. Entitled “To RFID or not to RFID, that is the question,” it is yet another part of the ongoing propaganda war surrounding the embedding of RFID chips in regular consumer products. In the recently released Canadian Border Services Agency (CBSA) Privacy Impact Assessment of the Enhanced Drivers License (EDL) program, we find that,

An effective external communications strategy will be developed by the [Provinces and Territories] with the assistance of the CBSA to ensure that the Canadian public is made aware of the significant privacy safeguards that will be put in place and the constraints that will be imposed on any subsequent use of personal information, especially sharing with the U.S. in consideration of the U.S.A. Patriot Act (29).

What this has amounted to in Ontario has been a persistent insistence by government officials that because the Radio Identifier that EDLs emit is not tied to any *other* piece of government information (e.g. the RFID number is not generated from an association with your driver license number, birth certificate, etc.) that the identifier isn’t personal information. Thus, while you will be broadcasting a number from your drivers license to anyone with a reader, that isn’t ‘personal’. Let’s turn to the Vancouver Sun article, and see how it squares up with the Canadian propaganda, shall we? Continue reading

Posted in EDL, Privacy | 1 Comment

Comment: Virgin Takes Aim At BitTorrent

200812161441In the US, Comcast is presently using what is referred to as ‘protocol agnostic’ filtering‘ – effectively, if you use the full amount of bandwidth that you are paying for for more than a few minutes, they decrease your available bandwidth for a while. This was, in part, a reaction to their sending RST packets to BitTorrent users – these packets would ‘kill’ connections that individuals had with other P2P users, but were also catching some other programs in the crossfire. What’s more, they were using a technique referred to as ‘packet forging’, which is involves changing packets in-stream. After a substantial amount of public criticism and backlash, Comcast stopped using their DPI equipment for this purpose and instead shifted to using them for protocol agnostic filtering.

Let’s turn to Virgin, who is currently implementing protocol agnostic filtering, but there are rumblings that the way that they’ve deployed it may not be the best solution to combatting what is perceived as the real problem: BitTorrent traffic. From a DSLreports article:

[A] customer on Virgin’s 10Mbps/512kbps “L” tier loses 75% of his throughput for five hours should he download more than 1200MB between 4 and 9PM. (Source)

There are several issues with this kind of agnostic filtering. Continue reading

Posted in Internet, ISPs, P2P, Thoughts | 1 Comment

EDL Update: Canada backpedals on sharing personal database with U.S.

200812111717An update to my last post concerning the location of the EDL databases: Jim Bronskill, with the Canadian Press, is reporting that the CBSA and Canadian authorities are shelving ideas to place the EDL data in the United States. While this certainly alleviates some of the privacy-related concerns with the EDLs, the Office of the Privacy Commissioner of Canada put it well:

“All in all, we are pleased to see that they listened to some of our recommendations, but we remain hopeful that they’ll heed to many of our other concerns,” said Anne-Marie Hayden, a spokeswoman for Stoddart. (Source)

It is nice to know that a massive amount of personal information isn’t being stored in the US for cost management reasons, but this doesn’t alleviate worries that the RFID chip in the EDLs might still be used for mass surveillance purposes. While the privacy commissioners of Canada have recently commented on this to the press, warning businesses that they need to be compliant with law when collecting license information, their need to publish this statement clearly suggests that businesses are not remaining compliant with the law concerning non-RFID licenses. To me, this suggests that there either needs to be some very real coercive ‘convincing’ applied to businesses so that they learn to comply with the law, or that this issue should be used to publicly advocate for modifications to the proposed EDL schemes (e.g. being able to disable the RFID with an on/off switch).

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