Empowered citizens or Digital dairy cows: Notes on a lecture

The purpose of today’s lecture was to familiarize the audience with social media and what they may need to know about it. The lecture began with examples of what the media reports when social media is mentioned. The interesting thing is that media today has turned from the previously optimistic position to being more openly critical. To exemplify this I used three recent examples from Swedish media where the papers reported that research showed: smart phones make us selfish, Facebook spreads unhappiness & the need to be connected causes insomnia among young people.

Generally speaking the extremes of the debate either view social media as revolutionary (and fundamental for the Arab spring) or trivial. Defining the Arab spring as a Facebook revolution degrades the pain, suffering and efforts of the individuals doing the work. My example of the trivial is a response from an older professor when he heard I was working on an article on Twitter:

“Twitter? Isn’t that where everyone talks about what they had for breakfast?” Just as with the revolutionary view of social media this may have a grain of truth. Social media can be used for trivial conversation but it would be incorrect to see social media as only trivial. It may also be important to remember that most conversation is trivial. Trivial conversation is what creates and maintains social relations.

The approaches to social media belong to a longer tradition of techno-optimism and pessimism. My examples of optimism are a quote from Wikipedia:

Social media…At its most basic sense, social media is a shift in how people discover, read and share news, information and content. It’s a fusion of sociology and technology, transforming monologues (one to many) into dialogues (many to many) and is the democratization of information, transforming people from content readers into publishers. (Wikipedia, May 2009)

What does “the democratization of information” even mean? My second optimism example is Time Magazine’s choice of YOU as person of the year in 2006.

My choice of pessimists were a quote from Andrew Keen’s The Cult of the Amateur: How today’s Internet is killing our culture” (2007)

“Out of this anarchy… what was governing the infinite monkeys now inputting away on the Internet was the law of digital Darwinism, the survival of the loudest and most opinionated.”

Say what you like about Keen, but he is extremely clear about his position. The second pessimist quote is from Baroness Professor Susan Greenfield:

“My fear is that these technologies are infantilising the brain into the state of small children who are attracted by buzzing noises and bright lights, who have a small attention span and who live for the moment.”

From here the lecture moved on to the developments to what led to social media decade and the changes our new toys have caused. Naturally there are profound changes occurring all around us but the small stuff is fun to note.

The Wordfeud app is an interesting example. A couple of years ago admitting of regularly playing Scrabble may have been a form of social suicide – today things have changed and we happily boast of a high score. Similarly, a few years ago looking at pictures of your friends, enemies and other loose ties would have been voyeurism and maybe borderline stalking – today it’s just Facebook. Our use of technology has normalized abnormal behavior.

Our connectivity and our toys have also diminished our need for boredom – a feeling that may have filled an important purpose. I have written about Boredom as source of creativity earlier.

At this point the lecture moved on to some important points about what technology can do. Beginning with my favorite example of the Tokyo park bench read it here.

When we look at the effects of social media the most important point to begin with is the seminal quote by blue_beetle

If you’re not paying for something, you’re not the customer; you’re the product being sold

I like this quote but I have always felt that there was something missing. We are not really the product – we are the creators of the product, which is data. We are digital dairy cows and the product is digital milk.

A social change caused by social media is our relationship with our contacts. We are the stars in our own performance attempting to present our ordinary lives in extraordinary ways. We document our lives for the entertainment of others – or maybe for the creation of the image of a more exciting life. As an example I showed my coffee project (a mix of entertainment, amusement & sadism – to be explained in a later blogpost).

In order to understand more about what we are doing it is good to know what the controllers of the infrastructure think about. It is important to understand the digital dairy farmers.

One of the main players is Mark Zuckerberg and his position on “radical transparency”

“You have one identity… The days of you having a different image for your work friends or co-workers and for the other people you know are probably coming to an end pretty quickly… Having two identities for yourself is an example of a lack of integrity”

There are several things wrong with this position (not even focusing on the fact that his company profits from this position). According to Zuckerberg the days may be coming to an end (which I seriously doubt) but what to do now? The media is full of examples where individuals have been punished (socially or economically or more) for information that may not have been illegal or even immoral.

In addition to this Zuckerberg has claimed that privacy is no longer a social norm. Additionally, Zuckerberg’s goal seems to create a personalized view of the world (check out Pariser’s Filter Bubble or some stuff on personalization I wrote here). In Zuckerberg’s own chilling words:

A Squirrel Dying In Your Front Yard May Be More Relevant To Your Interests Right Now Than People Dying In Africa.

It is worrying that Zuckerberg is profiting from pushing these positions at the same time as he develops a technology that promotes excessive sharing and profits from the same.

So if social media is not going to show social responsibility, then who will fix this problem?

Usually we turn to the law. However the law is all focused on concerns with Orwell’s view of surveillance via Big Brother. But today we are the ones giving away our information for the sake of convenience and entertainment – we are in the controlled world of Huxley’s Brave New World (check out the Orwell/Huxley paradox here).

So we are left to our own devices – in more ways than one. What can we expect of the future? First we will see an increased efficiency in personalization (as I have written earlier):

The same is true of information. The sweet and fatty information in a long historical context was an understanding of who was allied with whom? Who is sleeping with whom? And whom can I get my genes over to the next generation (obviously just a nicer way of thinking about getting laid!). This is why we today have a fascination about gossip. Which minor celebs are attempting to sleep with each other takes up an extraordinary part of our lives. But this was all ok since the access to gossip was limited. Today, however, we are connected to the largest gossip engine ever conceived. Facebook may try to hide it in its spin, but part of our fascination is all about looking at each other. The problem is that there is only a limited amount of time in life and spending too much time on gossip limits our ability for more relevant information. We are becoming information obese and the solution is to decrease fatty information intake and go to the information gym regularly.

The development of walled gardens or information silos… Facebook (and other silos) is branding us like the cattle we are. By attempting to lock our behavior into their site and prevent us from leaving they are diminishing our freedom – a freedom which was originally created in the design of the Internet and is being subverted by the growth of social media (Read Long Live the Web by Tim Berners-Lee).

We are not going to be helped from our locked stalls by either law or corporations. We are left to practice thoughtful self-restraint and hope that the law will eventually catch up with our technology and needs.

The slides I used are here.

Nomination period open for Nordic Free Software Award

About
The Nordic Free Software Award is given to people, projects or organisations in the Nordic countries that have made a prominent contribution to the advancement of Free Software. The award will be announced during FSCONS 2011 in Gothenburg.

Nominate
Send an email to award [AT] fscons.org (moderated mailing list) with the following information:

* Name of nominee
* Bio of nominee
* Website
* Contact info
* Motivation

The nomination period ends October 22

Join the award committee
Send an email to award [AT] fscons.org (moderated mailing list) with the following information:

* Your name
* Your email
* Motivation why you want to join the award committee

List of nominated 2011
Will be presented in October

Previous Award winners
* 2010 Bjarni Rúnar Einarsson (more info)
* 2009 Simon Josefsson and Daniel Stenberg (more info)
* 2008 Mats Östling (more info)
* 2007 SkoleLinux (more info)

Challenging the YouTube Copyright School

Last week YouTube announced that it had launched an animated film entitled the YouTube Copyright School. The problematic thing is that YouTube begins by recognizing that copyright is complex and that education is needed

Because copyright law can be complicated, education is critical to ensure that our users understand the rules and continue to play by them. That’s why today we’re releasing a new tutorial on copyright and a redesigned copyright help center. We’re also making two changes to our copyright process to be sure that our users understand the rules, and that users who abide by those rules can remain active on the site.

They then release a film portraying a simplistic view of copyright – the complex needs to be explained not simplified or banalized. They also have disabled the comments section – this is their view, enough said, no discussion.

But that does not prevent discussion (as they should well know) criticism was swift – for example Leonhard over at Governance across borders writes

The background for this crazy/disturbing/awkward “Copyright School” is a change in YouTube’s copyright infringement policies. As repeatedly discussed on this blog (e.g. “This Post is Available in Your Country“) and described by fellow workshop participant Domen Bajde (see “Private Negotiation of Public Goods: Collateral Damage(s)“), users who posted three videos containing (seemingly) infringing content to YouTube have not only lost those videos but all of their videos: their account was deleted.

The problem is not only the one-sided view they present, or even their attempts to suppress discussion but also the control of content YouTube exerts is only loosely based on copyright. Their system of removal and criticism of content is highly biased against “amateurs”.

Yesterday Public Knowledge announced the Public Knowledge “Copyright School” Video Challenge!

In an attempt to educate its users about copyright law, YouTube has debuted “Copyright School,” a video that explains why videos are removed from YouTube. While “Copyright School” does a great job of telling you what you can’t do with copyrighted content, it does a very poor job of telling you what you can do with copyrighted content–namely, remix, reuse and repurpose it without permission from the rightsholder as allowed under the doctirine of fair use. So here’s our challenge to you: can you make a better video than YouTube that explains both what you can and can’t do with copyrighted content? Watch the video above (and read the official rules) to find out how you can win $1000 and have your video featured on the Public Knowledge website!*

 

Act for you rights – or lose them!

One of the greatest hinders to access and reuse of cultural material lies in the long terms of protection. The way in which copyright law works today is that it automatically protects (almost) all forms of cultural production (mainly) for a period of the life of the author plus 70 years. The effect of this is that nothing produced in my lifetime will be free in my lifetime.

This extension of the time of copyright is a major shift in the original idea of the bargain of copyright. The bargain was that the creator receives a limited monopoly and in return society will eventually receive the products of his or her work.  Today the bargain is that the creator is protected and then his or her heirs take over the monopoly. This results in the situation where the children or grandchildren of the creator have the exclusive rights to the work.

My criticism is that the grandchildren of the creator should not have better rights to the work just because they have a genetic link to the author.

One area where the term of protection has remained shorter is the time span under which sound recordings are protected. But now the argument is why should sound recordings be discriminated against? Instead of arguing that the terms of protection are too long.

We all now have a chance to send a message and prevent this progress. Check out this attempt from the Open Rights Group to prevent this development. Read! And work for your rights.

The disastrous proposal to extend the term of copyright protection for sound recordings to 70 years is back on the European Council’s agenda.

There is a chance to stop this. You can help by writing to your MEPs now to tell them about your concerns, and ask them to make sure the Directive gets proper scrutiny from the European Parliament.

The economic evidence is stacked against the proposal. It will result in large parts of our cultural history being locked up. And it will benefit only a small number of artists and businesses. Leading IP professors, the UK government’s ‘Gowers  Review’ of IP, and independent analysts commissioned by the EU have all said that extending the copyright term is unwise. You can read more about the evidence here.

You can help to make sure European decision makers look again at this damaging proposal by writing to your MEP now.

What libraries should protect

In the digital age the idea of being concerned about someone knowing which books we read may seem strange. But as a matter of principle I feel it should be important that this kind of information is not saved. Very often we hear the argument: if you have done nothing wrong, then you have nothing to hide.

That argument is so stupid that its incredible. It shows that a pithy statement will turn peoples intelligence off. Think about any persecuted minority and then repeat the statement one more time. I dare you.

So back to the library.

The books I read can tell you a lot about me. But the problem is that you cannot know what books I read and how they have impacted my life from a list of books I have borrowed from the library. This list will tell you nothing about whether I read them, how I understood them, if I read them to criticize or to admire… or just to impress someone else. All you know is that I have borrowed them. Unfortunately, in times of stress, such data will be used as “proof” of something. And not only in times of stress.

In January this year the Swedish Justitiekanslern (Chancellor of Justice) found that the university library in Göteborg (my uni) was not wrong to save data on borrowed books and the borrower even after the books were returned. (case 2356-09-42: Personsuppgiftslagen (1998:204) är inte tillämplig på personuppgifter i ett låntagarregister som förs fortlöpande vid ett universitetsbibliotek decided 2011-01-17

Their reasoning is that the information about the books and borrower fall under the well established Offentlighetsprincipen (principle of public access) and would be saved – and made accessible to anyone who wants it. Information that falls under Offentlighetsprincipen may be removed from the archives under certain conditions.

In the case of the books individual borrowers have borrowed this data is removed two years after the library card expires.

Since I have had a library card at my library since 1997 or maybe even earlier all the books I have every borrowed from my university library are a matter of public record and can be extracted by anyone.

So I am dismayed, but not surprised, by the outcome of the decision by the Chancellor of Justice. But what really gets me annoyed is the attitude of the libraries. This is not the kind of data they should be collecting. This is not the attitude they should be having towards their readers. Their behavior does not promote openness, but rather will decrease the likelihood of people reading “suspect” material – whatever that may be. I thought libraries were all about open mindedness and learning. Now I am sure that what they are doing is convenient for them – and we have come to expect companies selling the souls of their employees and customers for their convenience.

But libraries? For shame.

The importance of not losing

Each time free copyright licenses such as the GPL or the suit of Creative Commons licenses go to court and win we confirm that the legal theory behind the licenses is correct. In a strange way the courts take the position that they agree with the practice of law and licensing being established in practice. Naturally they would not agree if the practices were totally outlandish so in actual fact what we have is the establishment of a school of thought – a consensus. Or what Ludwik Fleck called a thought collective. In the thought collective an idea is proposed and eventually gains momentum until it becomes an established norm.

This is what happens every time a free license is tested by the legal system.

This is because despite their theory and their use the free copyright license remains a different school of thought – a modification of the past thought collective of the established copyright regime. The problem is that often established regimes are seen as laws of nature. Permanent and everlasting. We know that copyright has not always been and does not always have to be – and yet many modifications are viewed with intense suspicion.

There is a snappy quote attributed to Henry Kissinger on the differences between conventional forces and guerrilla forces:  the guerrilla wins if he does not lose. The conventional army loses if it does not win.

So free copyright licenses win in court but in reality they do not lose. We know when we have established them as a conventional norm not only when they keep winning in court but when they fact that they lose a day in court they are still seen as viable, valuable and an ordinary part of the copyright ecosystem.

The right to live without being shocked

Amazing quote from Paul Pullman author of the book The Good Man Jesus and the Scoundrel Christ in reply to a question if his book was offensive:

No one has the right to live without being shocked; no one has the right to spend their life without being offended. Nobody has to read this book, nobody has to pick it up, nobody has to open it, and if they open it and read it they don’t have to like it. And if you read it and dislike it you don’t have to remain silent about it. You can write to me, you can complain about it, you can write to the publisher, you can write to the papers, you can write your own book. You can do all those things, but there your rights stop. Nobody has the right to stop me writing this book. No one has the right to stop it being published or sold or bought or read. And that’s all I have to say on that subject.

(via BoingBoing)

Enforcing Copyright to ensure heterosexuality

It’s always amusing (and a bit worrying) to read the reactions to claims that fictional characters may be gay. In the beginning of last year articles like Of course Tintin’s gay. Ask Snowy caused an uproar.

And now the pressure is on Sherlock Holmes. He has always been a bit suspicious. His relationship to Dr Watson a bit too much. Even if he does fall in love with a client in an episode of the tv series he never marries, never has a girlfriend. Watson is more of a ladies man, but never really leaves the relationship with Holmes. In the latest movie with Robert Downey Jr as the detective and Jude Law as Dr Watson the characters wrestle and share a bed.

In an interview on Downey Jr wondered whether Holmes was “a butch homosexual”. This has apparently annoyed Andrea Plunket the copyright holder who threatens to withdraw permission for a sequel if Holmes and Watson become gayer.

“I hope this is just an example of Mr. Downey’s black sense of humour. It would be drastic, but I would withdraw permission for more films to be made if they feel that is a theme they wish to bring out in the future. “I am not hostile to homosexuals, but I am to anyone who is not true to the spirit of the books.” (Times Live)

Using Copyright to ensure heterosexuality is an interesting application. I doubt whether this was the reason for the law. For us copyright nerds Arthur Conan Doyle died 7 July 1930 – in other words almost 80 years ago. But then on sherlockholmesonline.org explains their licensing grounds and also has an interesting heredity of the Conan Doyle Estate.

In the EC, the entire work of Sir Arthur Conan Doyle enjoys copyright protection until 31 December 2000. After that date, a number of characters created by the author will enjoy trademark protection.

In the US, the Sony Bono Copyright Extension Act of 1997 (105th Congress, 1st Session H.R. 604 ) has extended the renewal term of Sir Arthur Conan Doyle’s works among others for an additional 20 years. This means that all works published after December 31, 1922 are protected for 95 years following the date of publication.

So no outing of Sherlock is allowed without Andrea Plunket’s permission. As for her argument about “not true to the spirit of the books” – the new film shows Sherlock doing many things that are not in the books so even this seems to be an arbitrary choice.

UPDATE 6/1

StudioBriefing.net

Claims by Andrea Plunket, the ex-wife of the late Sheldon Reynolds, who produced a Sherlock Holmes TV series in the 1950s, that she controls the Holmes copyrights and can withhold her approval of a sequel if she regards the content to be unacceptable were denounced Tuesday by Chicago attorney Jon Lellenberg, the administrator of the Estate of Dame Jean Conan Doyle. In an email statement, Lellenberg said that the estate signed three contracts with Warner Bros.: one for character rights in the Sherlock Holmes movie, another for merchandising rights, and  the third for a related Tom & Jerry cartoon. He noted that the estate has won numerous federal court cases filed by Plunket and is currently trying to collect on several judgments against her for attorneys fees and costs in those cases. Asked whether it is possible that Plunket also signed a contract with Warner Bros., Lellenberg replied that if the studio “paid her something re nuisance value … we will go after it to discharge the judgments against her.” Attempts to reach a spokesman for Warner Bros. to comment on the matter were unsuccessful.

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…

Disruption in Uppsala, Memory in Barcelona

Despite needing sleep the presentation in disruptive technology presentation in Uppsala went well. The discussion focused on integrity and social networks and presented some of the early early results of the emerging research project. Now its onwards to Barcelona for the 6th Communia Workshop Memory Institutions and the Public Domain… This is going to be really good.