Stormtrooper Copyright War

The Star Wars Stormtrooper case is over. I wrote about the origins of the case in April last year. The conflict was between George Lucas (the man behind the Star Wars films) and Andrew Ainsworth the costume designer behind the white stormtrooper uniforms.

The British prop designer who created their famous white helmets and body armour is being sued by director George Lucas for £10m in a case starting at the high court tomorrow. Andrew Ainsworth was sued by the director’s company, Lucasfilm, after reproducing the outfits from the original moulds and selling them for up to £1,800 each. (The Force)

The fact that Ainsworth makes the helmets from the original moulds should not mean anything since the right to make copies does not follow the ownership of the moulds. However in the absence of a contract to resolve this question the fact that the designer was allowed (if he was?) to keep his moulds should weigh in his favor. What a lovely case – I can’t wait to hear what the courts decide. More on this available at TimesOnline.
Well the courts have decided in favor of Andrew Ainsworth. MSNBC reports that

…London’s High Court last year ruled that Ainsworth had violated Lucas’s U.S. copyright, but rejected a copyright claim against him under British law, saying the costumes were not works of art and were therefore not covered by British copyright law.

The judge also refused to enforce in Britain a $20 million judgment Lucasfilm won against Ainsworth in a California court in 2006, saying Ainsworth’s U.S. sales were not significant enough to make him susceptible to U.S. jurisdiction.

Last month, Lucasfilm took the matter to the Court of Appeal, but in a ruling Wednesday the judges turned the company down.

Update: At Last… The 1709 Copyright Blog has a clear oversight of the whole affair.

Olympics threaten photographer

In what is an incredible attempt at Copyfraud and general corporate bullying the nasty International Olympic Committee once again attempts to use its power of intimidation to stamp on an individual photographer (via BoingBoing).

On August 12, 2008 Richard Giles posted the photo Beijing Olympics Water Cube below onto his flickr account under a Creative Commons BY-NC license.

The act of uploading a photo flickr is nothing in unusual since there are over 120 million Creative Commons licensed images on flickr.

So imagine his surprised when he received a letter dated 6 October 2009 from the International Olympic Committee (IOC) in Lausanne Switzerland. This became even better when he read on and saw it was a Cease & Desist letter. Here are some excerpts from the letter

[THE IOC] …has recently become aware that you are currently licensing pictures from the 2008 Beijing Games on you flickr account…

…when entering any Olympic venue, you are subject to the terms and conditions mentioned on the back of the entry tickets, under which images of the Games taken by you may not be used for any purpose other than private, which does not include licensing of the pictures to third parties.

In addition, please be advised that the Olympic identifications such as the Olmpic rings, the emblems and mascots of the Olympic Games, the word “Olympic” and images of the Olympic Games belong to the IOC and cannot be used without its prior consent.

click to enlarge

Ignoring the whole issue of fair use the IOC has a very strange idea of what they are trying to protect and the methods with which they attempt to defend what they believe to be their rights.

First they argue that images can only be used privately and not be licensed. Displaying ones own images on flickr may not be exactly private but it is hardly a commercial activity. Also the fact that he licenses his photo’s under a Creative Commons license cannot be seen as a violation of “…does not include licensing of the pictures …” If he has copyright in the images his right to license them under a CC license cannot be limited.

The next problem occurs (well actually its probably the biggest problem) in the words “…when entering any Olympic venue…” and the problem is… the photograph was taken from outside the the venue.

UPDATE: So actually the IOC refers to all Richards photographs including those taken in the arena. The one’s taken in the arena make for a more complex legal discussion (the terms on the ticket and so on). But even here the main thing is that the IOC allows private use. Richards posting to flickr is included in such use. He is not commercializing his photographs he is displaying his life online.

The last issue is one of trademark. Trademark law naturally can prevent competitors from using others marks. But trademark law cannot be used to prevent a photographer from describing his photo as being from the Olympics. Neither can it, nor does it, prevent us from talking or writing about the Olympics – even without the IOC’s prior consent.

Searching Richards photostream with the search term Olympics gives 287 results. But if you do a general search on flickr you get 860 000 photographs that match the search term. There must be thousands more photographs with Olympic content but are not connected to the search term.  This is not an excuse or a defense but it does make me wonder what the IOC is going to do…

Top 10 Lies Newspaper Execs are Telling Themselves

SimsBlog has listed (and explained) the top 10 lies newspaper executives are telling themselves (and us). Here is the short version – but go to her blog and read the motivations:

Lie #1: We can manage this disruption from within an integrated organization.
Lie #2: Print advertising reps can sell online ads too
Lie #3:  Aggregators are killing my business
Lie #4: We can re-create scarcity by putting up pay walls
Lie #5: Our readers paid for news in the past, they will again
Lie #6: There will never be enough online revenue to support our newsroom
Lie #7: No one will ever cover crime/health/city hall the way we do
Lie #8: Our readers can’t be trusted/they are idiots/they are assholes
Lie #9 Democracy will collapse without us
Lie #10: I can compete with the best digital leaders/thinkers/creators in the world without becoming an active member of the online community.

All these are important and serious but in my book the most dangerous is the myth that democracy is dependent upon print newspapers (Lie #9). This will be one of the factors media will use to demand stronger protectionism through legislation.

An example of this idea recently appeared on the Becker Posner Blog:

Expanding copyright law to bar online access to copyrighted materials without the copyright holder’s consent, or to bar linking to or paraphrasing copyrighted materials without the copyright holder’s consent, might be necessary to keep free riding on content financed by online newspapers from so impairing the incentive to create costly news-gathering operations that news services like Reuters and the Associated Press would become the only professional, nongovernmental sources of news and opinion.

Code Rush

The documentary Code Rush from 2000 is about the open-sourcing of the Netscape code base and the beginning of the Mozilla project. Here is a comment from IMDB

Watch this film and you will get to see the things that a college computer science course could never prepare you for: having to sleep at the office for days in order to meet a deadline, alienation from family, caffeine addiction, having one’s release blocked by intellectual property concerns, and other cold realities of Silicon Valley. If you’re thinking about getting a career in software engineering or software project management, Code Rush is a must-see.

This documentary also gives insight into a few of the major milestones in the history of the software industry, such as the opening of the Netscape source code, which is code named “Mozilla”. If it weren’t for this release, we wouldn’t have Mozilla Firefox, one of the most popular Internet browsing solutions today. The footage also covers one of the most notable company acquisitions of that time period.

Code Rush is now released under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 license. There is also a dedicated homepage for the film, with links to stream or download the film in various formats.

The Quality of Code, Law and Journalism

In the IT newspaper Computer Sweden a Swedish IT/IP lawyer (Malin Forsman) is quoted as saying that proprietary software is of “better quality” than Free or Open Source software (my translation):

She recommends against Swedish software providers from going ‘open souce’. According to her using licensing costs is a much better method.
– You need a carrot to exert yourself properly. If the large source of income is dependent upon the quality of the code then I believe that you will try harder.

My first problem is with the journalism and the article itself. Like many other short newspaper articles it does not seem to have a point. What is the newsworthiness of this article? That an individual has an opinion? So what? We all have opinions but this does not make them newsworthy. Mind you if this had been my only complaint it would not have been worth blogging about.

My second problem is with journalistic integrity. By simply blogging the lawyer we arrive at the law firm where she works and her brief bio, where under Memberships we see that she is a member of: Board member of the IT group of the Stockholm Chamber of Commerce, Board Member of the Association for IT and Law, Member of the Swedish Copyright Association and Member of the International Technology Law Association. Her main legal experience outside law firms was working for Microsoft Corporation. Shouldn’t this maybe have been indicated in the article? If the journalist is presenting an opinion as news then shouldn’t some sort of critical analysis be added? I know that journalists are supposed to be objective but this article is hardly reporting the news as it is.

The next problem is with the lawyer herself. I have no doubt that she is a qualified lawyer and an expert in the IT/IP field but what is wrong with her statements? Unless of course this is simply a case of journalistic misquote she is a legal expert speaking of the quality of code. She does not attempt to define quality even if such a definition was at all possible. By her logic an Open Source project that makes it’s code proprietary immediately improves its code and a proprietary software project that releases its code under an Open Source license immediately deteriorates the quality of its code. Obviously these are ridiculous statements. But when the IT/IP legal expert says them we are supposed to nod our heads in agreement.

So who would be the right person to make such a statement? Well that person would need to have a vast experience of code not law. This imaginary person would need to have a vast experience of both open and proprietary projects and be able to define the concept of quality in a way that will enable these projects to be measurable and comparable. In addition to this the person would need to be free from suspicions of bias. I doubt whether such a super person exists.

But what may be said about quality? Here are two quotes:

Peter Drucker: (Innovation and entrepreneurship, 1985) “Quality in a product or service is not what the supplier puts in. It is what the customer gets out and is willing to pay for. “ISO 9000: “Degree to which a set of inherent characteristic fulfills requirements.”

Now lets complicate the issue even more:

While both these definitions are relatively common neither takes into full account the nature of software quality. The problem arises from the fact that software is a mix of product and service. The actual code is not what customers buy – they buy a function. Who cares what the software of a word processor looks like? It’s function is what the customer believes he/she has bought. If this is true then the customer has also bought an expectation of support in the case of software failure.

This was just meant as an illustration of the complexity of software quality and why neither a journalist nor a lawyer can deal with such a question in the space of a 350 word article. What they are really doing is pure advertising in the form of journalism. Advertising a personal, political and business stance on software while puffing up their own egos.

What computers replaced?

Ever wonder what computers replaced? Well one of Shorpy’s recent images gives a great example with this excellent image of office workers. Check out the different people! I mean open the open up the picture and take a look at the characters. All gone now, replaced by laptops, or else stuffed in cubicles…

Washington, 1923. “Stamp Division, Post Office.”

National Photo Company Collection glass negative, Library of Congress. Click for larger image.

The tyranny of “free”

Over at Macuser Dan Moren replies to the question “why can’t all iPhone apps be free? posed by Anita Hamilton in TIME. Moren widens the question to apply to the whole concept of free stuff but naturally focuses on free software. His point is the way in which the public at large have connected the concept of free (gratis) with the idea of value.

We are not entitled to software any more than we are entitled to the other products that we buy day in, day out. We’ve been spoiled because so many developers give things away for free (which, of course, is their prerogative), and we’ve gotten used to the idea of streaming our television online, or even stealing our music from file-sharing services. The idea of “free” has been co-opted into the idea that products aren’t worth money—which couldn’t be farther from the truth.

This is good stuff up until the end. I don’t think that people stealing music, downloading films or demanding free software are confused into thinking that these products are not worth money. But this does not detract from the main point in the paragraph that we are not entitled to stuff (for free).

On a primary level this is obviously true but it is not all the truth. On the level of basic needs (human, cultural, physical) there are naturally arguments to be made that stuff should be free. There are even easy arguments to be made that it is acceptable to break rules, laws & regulations when such basic needs are threatened. In addition to this there is the problematic area that we are bombarded with false needs through advertising which state (implicitly) that we are less evolved as beings unless we have the latest widget, designer toy or status gizmo. Naturally the latter is not a clear argument but it does certainly muddy the waters.

The problem with free, as Moren sees it comes with value and payment:

The whole point of payment is that you give someone money to take care of a problem that you don’t want to do yourself. You could save a bundle of money by not hiring people to cut your grass, for example, but then you’ll have to use the time you’d rather spend doing something else mowing the lawn yourself. Just as you could save some cash by developing a word-processor yourself, but heck, in the long run, it’s probably cheaper to let Microsoft do it for you.

This is economics at its most basic. Seriously. It doesn’t get any more basic than this.

This is an excellent argument and as Moren writes, it doesn’t get any more basic than this. But this only focuses on the economic transaction not on the social effects of such transactions. It is cheaper to let Microsoft create my word processor. But the problem occurs not at this stage. The problem occurs when I realize, for any reason, that I would prefer to have a word processor not built solely on economic gounds but with values of openness and transparency. Perhaps I would like to ensure that future developments within the word processor field have the ability to develop in a multitude of ways that neither Microsoft or anyone else has thought of today. Or perhaps I would just like to have Open Office on my computer becuase I like the name.

If we ony concentrate on the transaction cost argument (cheaper for Microsoft to develop than me) and we isolate the transaction and the product out of the wider context computers and communication then there is no problem. But this is unrealistic. I do not buy software alone. It is not useful without other products. Transactions are not isolated alone but a part of a system with economic, technical, political and social ramifications.

The importance of Free Software is not in giving the public free (gratis) stuff. It is in the ability for all users (via other developers) to access and control their infrastructure. In the same way as free speech is important not becuase I may one day have something important to say but becuase every day thousands of people are saying important things and one day I may just accidently happen to listen.

Online material and copyright

While commenting on the distinction between the professional and amateur Clair from Mummys Bracelet pointed to an interesting discussion (and here) in relation to this topic. The whole thing started when JonnyB was told be a neighbor that he was published in the newspaper The Mail on Sunday. This was news to JonnyB who found that The Mail had printed entire posts from his blog on their Blog of The Week section without permission.

OK – so it’s copyright violation. No biggie, nothing to blog about you might think. JonnyB sent an invoice and the Mail paid up. Problem solved? No, not really. The newspaper paid but it also wrote in response to JonnyB

We generally take the view that blogs published on the internet have already been placed in the public domain by their authors and, in case of amateur writers, most people are happy to have their work recognised and displayed to a wider audience.

The really strange thing that follows from this story is the misguided belief that what is online is somehow in the public domain and that these mistakes are being made not only by amateurs but also be the “professional” media. And this is despite the fact that the discussion on online copyright is almost as old as the internet.

When lecturing to my students I keep trying to push into their minds three steps:

1. Almost nothing online is outside copyright.

2. Assume everything is owned.

3. What risks will you be running by using other people material? (who do you represent)

Maybe I should start lecturing for the news media…