Category: IP


Various projects, not all of which are done/public yet. But some are–including my half of the Voices of Open Access video series, which was released on Tuesday for Open Access Day. Check it out, I’m a filmmaker!


Sharon Terry, Patient Advocate from Open Access Videos on Vimeo.


André Brown, Grad Student from Open Access Videos on Vimeo.


Diane Graves, Librarian from Open Access Videos on Vimeo.

The other three videos (by the illustrious Matt Agnello on the West Coast) are located here.

Seastead aquarium This weekend, I attended two conferences in the Bay Area. One was the first-ever conference of the Seasteading Institute, held by Nelson’s friend and Mudd alum Patri Friedman. It involved possibly the highest concentration of Libertarians I’ve ever experienced. Also the highest concentration of men–out of 60-70 conferencegoers, Kat and I made up half the ladies. I suppose that’s to be expected with any new frontier, though… A couple more Seasteading Conference pics here.

Then, on Saturday and Sunday I attended the 2008 Students for Free Culture conference. Lots of brand name speakers–Lawrence Lessig, John Lilly, Pamela Samuelson, etc. You can see the identica microblogging stream of the conference here. I also filmed “shout-outs” for Open Access Day, with various conference-goers telling the camera why open access is awesome:


OA Day shoutouts from the Students for Free Culture conference from Open Access Videos on Vimeo.

The second day, the spontaneous participant-organized “unconference”, provoked a lot of good conversations and was surprisingly productive–by the end of it, everyone agreed to what people are calling the Wheeler Declaration (after the building we were in): an agenda for Students for Free Culture to focus on for next year. We’re still arguing about what to call it (since Open University is trademarked, apparently), but the idea is to pressure and grade our campuses based on five criteria: opening access to research, creating/using open courseware, embracing free/open-source software and open document formats, using university-held patents for the public good (think cheap drugs for the developing world), and keeping the university network unfiltered and uncensored. We’ll see how SFC executes this plan, but I think it’s an excellent target for the org to have.

More awesome projects are on the way… just you wait!

Right now I’m listening to the witness testimony in the House Judiciary Committee on the “Fair Copyright in Research Works Act.” This bill would reverse last year’s open access mandate for works funded by the NIH by amending US Copyright Law to say that government agencies can’t ask in the funding contract for a nonexclusive license to works that they fund. It’s pretty much ridiculous.

The only reason this has even made it to public comment (I think) is a bunch of representatives feeling slighted because a bill passed Congress without going through their committee (the Subcommittee on Courts, the Internet, and IP–the measure was part of an Appropriations bill, so it went through that committee). The grumbling at the opening of the session about how important their committee is, prestige of the Appropriations committee be damned, rah rah rah, I think bears this out. So the representatives have been receptive to the patently ridiculous argument that the NIH mandate *changed* copyright law and, thus, should have fallen under their purview.

Lots (probably millions) of nonexclusive license copyright agreements are agreed upon every day. Every time you upload a video to YouTube, you’re giving YouTube a nonexclusive license to that video–the license allows YouTube to display the video without violating your copyright. Professionals everywhere provide or exercise nonexclusive licenses to works. The less assholish scholarly journals only demand a nonexclusive license to an author’s article (more commonly, journals force authors to transfer their copyright entirely to the journal).

The terms of a nonexclusive license are not set in copyright law–they are determined in a contract. Like any contract, the terms vary from license to license, depending on what it’s for. My understanding of contract law is that two parties can write a contract requiring virtually any condition of either party (other than illegal activities or selling yourself into slavery or something). If I’m a research funder, I can stipulate in a funding contract that the researcher wear a big red clown nose at any and all conferences when presenting the research I’m offering to fund. The researcher is free to take my money, and accept the conditions attached, or go elsewhere for funds. That’s how contracts work.

It has always been a standard part of NIH funding contracts that the federal government gets a nonexclusive license to the work being funded. (What’s the point of funding research that you can’t even read?) The new condition with the mandate is that the author deposit the research in PubMed so the public (the people ultimately paying for it) can read it, not just NIH employees.

Bottom line: it’s a contract. It’s not a copyright law! The only way the NIH OA mandate conflicts with copyright law is if you change copyright law, which is what the publishers are trying to do now. After all, if it really conflicted, why haven’t the publishers just sued the NIH (as they have also rattled sabres about)?

Maybe because they’d lose.

The overlap is not with copyright law as it is, but copyright law as publishers wish it was: a hypothetical legal regime where if a contractual agreement theoretically threatens a revenue stream created by a copyrighted work–even a contractual agreement made long before the author transferred the rights to the publisher–that contractual agreement retroactively violates the publisher’s copyright. It’s a case of “if value, then right.” The law doesn’t work that way. The publisher is “buying” (read: getting for free–or even being paid to take in some cases) the rights *as is* when they take the article from the author. If the author’s previous funding agreement with the NIH makes those rights look less valuable to the publisher, then don’t “buy” them–just publish research that uses funding sources that don’t make this stipulation. But if this is all bullshit, as publishers’ record profit margins and the legion of financially-secure journals that put their stuff online for free before the mandate suggest, then there is no conflict *even* in the publisher’s la-la land version of copyright law.

Then the only thing publishers are losing is a certain degree of autonomy; they no longer decide whether or when to put their material online. Just satiating publishers’ neurotic control needs is not worth the cost to scientific advancement and public access.

The bill is being considered because the committee members have ego problems. It’s being advanced because big publishers are control freaks. Why do important policies have to be threatened with the chopping block for the sake of various interest groups’ psychological tics?

***

Wow… The NIH witness compared eliminating the NIH mandate for the sake of publishers’ whining about theoretically going out of business to banning Google for the sake of artificially propping up Altavista–holding back innovation for the sake of a deprecated special interest. A relevant comparison, I think–lots of commentators compare industry copyright maximalists and other rent-seekers to buggy whip manufacturers all the time. To which Rep. Berman growled, “You’re saying that this is like Google, like YouTube, where people can violate copyrights, grumble grumble grumble…” and the NIH guy apologized! I didn’t know ‘Google’ was a dirty word in Congress!

Another Berman quote: “I’m disturbed by going from open access to health and biomedical research to talking about technological progress… The NIH is not Napster.

And now he’s embarrassing himself with his misunderstanding of Google.
Berman: “Doesn’t Google have it [all the biomedical research out there already]?”
NIH guy: “No, they link to us.”

Jeez, it’s not like you HAVE to be technologically illiterate when you’re old. Plenty of old people get technology–after all, they’re the ones who first built this stuff! And, on the other side of the coin, it’s not necessarily bad to be technologically illiterate. Lots of people get by without using high technology much (see: one of the two major party presidential candidates); that’s fine for them.

The problem is when old techno-illiterate people are US Representatives serving on the Subcommittee of Courts, the Internet, and IP. It’s a problem when they are responsible for making intelligent technology and information management laws. But it does make for hilarious Congressional transcripts.

So I did the GlassBooth.org test a few weeks ago. It pretty much confirmed what I already suspected: Kucinich and Edwards had the platforms most similar to my beliefs, with Obama the closest match of the Democratic front-runners. The test made it clear, though, that with regard to the issues I had marked there was only a small difference in policies between Obama and Clinton. (Significant–guess which candidate voted for wiretapping?–but small.) So why did I already admire Obama so, while having a seemingly-instinctive distrust of Clinton?

I feel like I’ve been horrible at articulating these things. So, I’m going to link you to three people I read, whose names may or may not matter to you, and their analysis/endorsements.

So let’s start with Greg Saunders, who I know little about, but who contributes to This Modern World so I read him sometimes. I think as an overall view of the election, the piece is kind of outdated, but here’s the meat:

For starters, Clinton’s biggest selling point has been her “experience”, but as Timothy Noah wrote at Slate, Hillary’s claim of experience is incredibly dishonest :

[D]uring her husband’s two terms in office, Hillary Clinton did not hold a security clearance, did not attend meetings of the National Security Council, and was not given a copy of the president’s daily intelligence briefing. During trips to Bosnia and Kosovo, she “acted as a spokeswoman for American interests rather than as a negotiator.” On military affairs, most of her experience derives not from her White House years but from serving on the Senate armed services committee.

[...]

During the Clinton years, there was one big “accomplishment” that she can claim…her failure to enact universal healthcare. Considering that one of her biggest promises on the stump has been universal healthcare, I’d expect the “most experienced” candidate to have a better pitch in this regard than “second time’s the charm”. If Hillary can learn from the mistakes she made in 1994, who’s to say the other candidates can’t also learn those lessons?

Remember the bit in “Sicko” where you see the dollar amounts taken in bribescontributions from health insurers above the politicians’ heads? Hillary was one of those Moore named. In fact, she’s taken the second-largest amount of money from the health sector of national politicians–and the first, Santorum, is now gone.

Frederick H. Graefe, a health care lawyer and lobbyist in Washington for more than 20 years, said, “People in many industries, including health care, are contributing to Senator Clinton today because they fully expect she will be the Democratic presidential nominee in 2008.”

“If the usual rules apply,” Mr. Graefe said, early donors will “get a seat at the table when health care and other issues are discussed.”

Source. Fox, meet henhouse.

Person number two: Lawrence Lessig. He’s clearly been a great supporter of Obama–he’s been writing about his campaign a great deal on his blog. He also has been following the Clinton campaign’s apparent attempts to Swift Boat Obama:

It has been argued that Clinton would do well in the general election because she knows how to fight Rove-ian Republicans and is prepared to respond to–by using–dirty tactics.

…huh?

Is that really how we want politics to be, beyond the Bush years, interminably? To have the “Rove virus cross the GOP/DEM barrier”? This isn’t a strength, this is horrible!

Lessig has also written about the meaning of “change,” a word used constantly by pretty much every candidate (including the Republicans). However, there are different kinds of change. There is the kind of change that is inevitable in 2008–there will be a change in presidency. Bush will no longer be president. Duh. The other kinds of change, the more pressing sort, are changes in policy–and, even better, systemic changes in how Washington operates, from echo chamber to transparency.

Which kind of change does Clinton mean?

The final endorsement: Randall Munroe. Yep, the xkcd guy. Just read it, I’ll wait.

Okay.

So that’s why Lessig supports Obama so much. Obama went to Lessig, instead of industry lobbyists like everybody else, to help form the tech policy part of his platform. That’s why Obama and Clinton were so close on my Glassbooth test. Because tech policy, one of my major issues, was not part of that test.

Check out Obama’s technology ‘issue’ page. It’s *long*. Obama supports net neutrality, open document standards, and increasing access to high-speed broadband. He mentions IP and patent reform, too. Obama has also advocated Creative Commons Attribution licensing for the Democratic candidate debates. Basically, I’m extremely impressed that he knows this issue exists and is giving it plenty of pixels, let alone is talking to smart people about it instead of industry hacks. He’s like the anti-Ted Stevens! Sweet!

Wow. Hillary Clinton doesn’t even have a tech policy page. “Innovation” has one blurb about getting women and minorities into science and one blurb about broadband. That seems to be it. What century are we in again? Oh, right, not yours.

So that’s why I prefer Obama…

Unfortunately, I can’t do anything about it. I’m registered to vote in Minnesota, which has a caucus system. Since I won’t be there in person, I can’t contribute. But my parents can. My friends at school who are registered to vote in California can. So do it! This is the one year where the primary results actually matter–where even up to Super Tuesday, there is still no front-runner! It’s totally freakish. So be freakish–vote! :)

I just came back from the American Library Association conference in Philadelphia, PA. Nelson was there to speak at the SPARC/ACRL forum about student activism and open access, and SPARC invited me too since I was one of the judges for the SPARC video contest, the winner of which, “Share”, was shown at the forum.

It was a pretty interesting forum. The two other students weren’t free culture members–one was from Universities Allied for Essential Medicines at Princeton, while the other was a science blogger. Both the Saturday and Sunday sessions had a very good turnout. It was nice to see a lot of librarians were interested in activism, particularly student activism–when I tried to talk to Honnold-Mudd about open access and how much of their budget was spent on journal subscriptions, they thought I wanted an article from a journal they didn’t offer and were like, “Don’t worry, even if we don’t have a subscription we can get that article for you!” It seems some librarians are used to thinking of students as customers instead of fellow members of the academic community. Good to see that at least some are breaking out of that box.

Aspects of the trip were rather stressful–I accidentally packed Nelson’s tux instead of his suit (it was in an opaque suit bag; *neither* of us knew he even owned a tux!), Nelson’s juicer broke, and we didn’t realize until forty minutes beforehand what the hotel’s checkout time was. (Oops.) But other parts of the trip were quite enjoyable–SPARC put me and Nelson up at the Philadelphia Westin, which while having crappy, expensive Internet access was otherwise ridiculously swanky; we, the other student presenters, and Gavin (who’s workingdoing work for SPARC now) got wined and dined and boozed at various delicious places; and it was fun to be in Philadelphia again. I don’t know why I like Philly so much, but I do. Downtown’s nothing like home, but it feels more like Minneapolis than New York.

Also at the conference were a couple of documentarians from Hungry Filmmaker Productions who are making a documentary on new media and free culture, tentatively titled Copycat. The film seems to be at the stage of “film everything–figure out the story later,” but the lead guy Matt Agnello seems very smart and enthusiastic. He interviewed both me and Nelson about Students for Free Culture so that was pretty cool. Yay, my first documentary appearance maybe?

Speaking of free culture documentaries, my family watched Freedom of Expression by Kembrew McLeod two weeks ago or so while Nelson was visiting us in Minnesota for the holidays. It’s probably the best free culture-y documentary out there right now–I think it should be made the default recruitment “thing-to-show.”

Unfortunately, the documentary is not available online, and the publisher has done a really crappy job of otherwise publicizing it. (So how’s he expecting to sell copies…?) The only reason I’ve seen it is because Nelson got a copy for free since he appears in the film. But I have a copy now, so if anyone’s interested in watching it just poke me. Or maybe I/someone should start a torrent…

Every time I interact with the student governments of the 5Cs, it makes me want to never do anything cool ever again.

I never want to do anything cool ever again.

So we were organizing a really cool event for our senior seminar final project. We were going to bring two speakers to campus, a copyright lawyer and a documentary maker, to talk about copyright, fair use doctrine, and media, a topic that gets zero academic discussion at the Claremont Colleges. Afterwards, we were going to have a reception and a remix-themed afterparty with food, beverages, a DJ, and a projector screening video mashups. Sounds cool, right?

We needed funding, of course. So Andrew and went to the ASPC meeting on Tuesday to answer questions about the event through our shit-eating grins. The funding meeting was awkward and disheartening, as usual, but still it was the least disgusting meeting I’d ever been to–I thought.

Today is Thanksgiving, and today the ASPC replied to our funding application. We got $0. That means our total budget is the $300 we got from Scripps, a school that is neither hosting the event nor the home of a majority of its organizers. (The five-bureaucracy system makes no goddamn sense.)

You can’t bring interesting speakers, even non-profit ones, on 300 dollars.

They said that it was their policy to not fund “class activities.” Bull shit. First, it’s *not* a class activity–it’s a 5C event. We may be moved to organize it because of a class, but the event is taking place outside of class, was going to be co-hosted by Free Culture 5C, and was to be advertised publicly to all five colleges. Second, as we informed them, the Media Studies department doesn’t have any money left this semester. So it’s not like we had a choice.

We *know* the ASPC has money. They apparently have a $5000 surplus that they need to get rid of. Yet still, as usual, the ASPC was being intentionally dense so they wouldn’t have to pay shit.

(guess that explains the surplus…)

Fine. Let professors pick all the lecturers. Let the administration organize all the events. Throughout my years trying to do cool events through Free Culture 5C and observing the attempts to change campus policies, it has become abundantly clear that no one in Claremont wants students to organize anything.

I give up.

So, the Scholarly Publishing and Academic Resources Coalition (SPARC), one of FreeCulture.org’s allies, is putting on a video contest for the semester, the “Sparky Awards”. The theme is “Mind Mashup”:

The Internet gives new meaning to the notion that, by sharing ideas, we build a better understanding of the world around us. If you use YouTube or Wikipedia, exchange gaming tips on the Internet, or have a blog, you probably well understand the value of sharing information, ideas, and knowledge.

Sharing can also be a vital tool in helping to address complex problems that challenge society – like disease, hunger, global warming, and economic disparity. The sharing of ideas gives us ways to discover, collaborate, and create in unprecedented ways.

The SPARC Discovery Awards challenges you to illustrate in a short video presentation what you see as the value of sharing information. Use your imagination to suggest what good comes from bringing down barriers to the free exchange of information.

The videos must be no more than two minutes long, released under a Creative Commons license, and submitted by December 2. The rest of the rules can be found on the contest website. The top prize is $1000 and a sexy “Sparky” statuette. (You know those metal doohickeys with flints in the cap that you used to light bunsen burners in high school chemistry? That’s what the trophy’s design is based on. Heck yes.)

Most important, however: I’m one of the judges! Look, I’m right above Jimbo Wales on the judging panel page! Pretty sweet, eh?

So. Everyone should submit to this contest, especially since as a judge I can’t. The contest already got a mention on the media studies-l, but I don’t think Tracy knew that I was one of the judges since the panel hadn’t been announced yet. Hopefully I/the department/Free Culture 5C can promote the contest further as the school year gets going. I’m hoping to see some awesome videos!

No, I will not accept bribes. I may accept cookies. :p

LOLTHEORISTS

I swear this is not going to become a macros blog. However, I am compelled to post on the existence of a thriving loltheorist community. I think you will see why:

If only these had been around during Core!

Of course, I had to submit one:

Gavin also did a LOLessig, located here.

To Dubrovnik

Washington DC –> London-Heathrow
London-Heathrow –> London-Gatwick
London-Gatwick –> Dubrovnik

The overnight flight was pretty good–British Airways is so much superior to most American airlines, even in coach class! Dinner was a real nice hot meal, with a salad, real chocolate cake, and wine. The flight attendants were all polite, with British accents. And they had movies, music, and other information on demand on your personal seatback screen for free. I got to listen to a bit of “Play” by Moby and the new Beatles remastering/remixing album. The issue, as always, was sleep–the wine helped a little, as I did sleep for a bit, but only for two hours.

Britain is more rural than I had realized–or, at least, the area by the airports is. Lots of wildflowers, horses, cows, and sheep as we zoomed along the highway in the coach that went between Heathrow and Gatwick. I was seated on the left side of the bus, so the road just felt like a one-way–unless I looked over and saw the other cars and OH GOD WE’RE GOING THE WRONG WAY wait.

In my first few hours in Croatia I felt woefully underprepared. I didn’t have a (working) cell phone and Internet access was scant to none. Being that I know essentially nothing but what the Internet tells me, and I had no way to contact others directly, it was a lonely few hours.

Example: I had no money exchanged and no idea how I was supposed to get to the hotel. There were lots of conference-goers on my plane, but while they all knew each other I didn’t know any of them. Finally one guy took pity on me, organizing a shared cab, paying my way (until I could get my own currency to exchange), and making sure I got to the hotel.

Example: My roommate, a lawyer from Australia whom I had never met, had the only key to our room and was gone until late that night. The staff unlocked it so I could drop off my suitcase and take a shower, but I still felt uneasy being unable to get into my own room.

Example: I finally found the “business center” of my hotel with its single computer, only to read an email from Nelson saying his flight was delayed and he might miss his connection to Vienna. No further information, and I had no way to contact him for more.

But then I ran into Asheesh, Gavin, and a whole bunch of other FreeCulture.org folks. Hooray! Together we took the bus to Dubrovnik, attended a iCommons mingle thing on the roof of Revelin, the big fortress where the conference is being held, and had pizza and a bottle of wine at some restaurant in the old city. It was fun!

Now it is Friday morning. Nelson made it to Dubrovnik, despite having to have his flight rescheduled twice and his baggage lost. The first iCommons conference session just ended and I think I will go get some caffeine. Later all!

I’m thinking about only taking three classes next semester.

Hear me out.

First, it’s really more like 3.5, since I want to get back into Concert Choir next year.

Second, I’ve got more than enough credits to do it.

Third, while the other three classes are ones I really want/need to take, there isn’t anything really capturing the fourth spot for me (yet, at least).

Fourth, I’ve already got one job set up for next year, and I want to get as much web freelancing/other employment as I can get my grubby little hands on. (Both because I ran out of college money this year and because I want to furiously build my portfolio in the hopes that somebody will employ me someday.)

Fifth, there’s a bunch of other extracurricular commitments I’m setting myself up for next year. I’m going to be a Media Studies liaison (woo hoo!) so I’ll be organizing cool (*NOT* film/video-oriented, goddammit!) events for the media studies department. I’ll be proposing and starting my spring Senior Project (a graphic novel! so excited!). Whether we or USC host the West Coast free culture conference, I’m sure I’ll have stuff to do for that, not to mention all the other events FC5C will be doing (I have a list of them here! Oh, the joys of budget applications!). I want to bring Antenna Alliance to Claremont by starting a CC-themed radio show with Carolyn and creating an on-campus, Jam Society-esque music recording studio (with our music programs and such, how does this not already exist??). Inspired by the ICCA concert, I want to make another go at trying out for an acapella group. And so forth.

Also, with three (point five) classes, this is what my schedule would look like:
TR 8:10a – 9:25a Interdisciplinary Intro to Law
TR 10:30a – 12:30p Advanced Web Projects
TR 1:15p – 2:30p Senior Exercise
TR 4:15p – 5:30p Concert Choir
(R 8:00p – 9:30p Free Culture 5C Meeting)

Four-day weekends, w00t!!

Then again, I could take a fourth class and still avoid Monday and Friday. Several of the classes I’m pondering would do that. There’s “The Making of Modern Iran and Afghanistan,” which meets on Wednesday afternoons and sounds really interesting. Or there’s Intro to Creative Writing, also on Wednesdays. It’s been really long since I’ve done any (written) fiction, it could be good to get back into that. Especially if any of the writing projects Nelson and I have discussed are ever going to become more than vaportext. Or, I could always take “Directed Reading in Media Studies” (basically an independent study) and use it as an excuse to read all those tomes in the Free Culture canon that I haven’t gotten to yet (“Copyrights and Copywrongs”, “Freedom of Expression”, “Shamans, Software, and Spleens”, etc).

I dunno. Any thoughts?

Squee!

Someone decided to reimagine Mickey Mouse in a truly gorgeous fashion. Watch the video, before the Disney lawyers take it down!

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