Public/Private Spaces: Notes on a lecture

The class today was entitled Public/Private Spaces: Pulling things together, and had the idea of summing up the physical city part of the Civic Media course.

But before we could even go forward I needed to add an update to the earlier lectures on racial segregation. The article The Average White American’s Social Network is 1% Black is fascinating and not a little sad because of its implications.

In the meantime, whites may be genuinely naive about what it’s like to be black in America because many of them don’t know any black people.  According to the survey, the average white American’s social network is only 1% black. Three-quarters of white Americans haven’t had a meaningful conversation with a single non-white person in the last six months.

The actual beginning of class was a response to the students assignment to present three arguments for and three arguments against the Internet as a Human Right. In order to locate the discussion in the context of human rights I spoke of Athenian democracy and the death of Socrates, and the progression from natural rights to convention based rights. The purpose was both to show some progression in rights development – but also to show that rights are not linear and indeed contain exceptions from those the words imply. The American Declaration of Independence (1776) talks of all men

We hold these truths to be self-evident; that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.

but we know that this was not true. Athenian democracy included “all” people with the exception of slaves, foreigners and women. So we must see rights for what they are without mythologizing their power.

In addition they cannot seen in isolation. For example the Declaration of the Rights of Man and of the Citizen (1789) came as a result of the French Revolution include many ideas that appear in similar rights documents

  • Men are born and remain free and equal in rights.
  • Liberty consists in the freedom to do everything which injures no one else.
  • Law is the expression of the general will
  • No punishment without law
  • Presumtion of innocence
  • Free opinions, speech & communication

The similarities are unsurprising as they emerge from international discussions on the value of individuals and a new level of thought appearing about where political power should lie.

The discussion then moved to the concept of free speech and the modern day attempts to limit speech by using the concept of civility, and interesting example of this is explained in the article Free speech, ‘civility,’ and how universities are getting them mixed up

When someone in power praises the principle of free speech, it’s wise to be on the lookout for weasel words. The phrase “I favor constructive criticism,” is weaseling. So is, “You can express your views as long as they’re respectful.” In those examples, “constructive” and “respectful” are modifiers concealing that the speaker really doesn’t favor free speech at all.

Free speech is there to protect speech we do not like to hear. We do not need protection from the nice things in life. Offending people may be a bi-product of free speech, but a bi-product that we must accept if we are to support free speech. Stephen Fry states it wonderfully:

fryAt this point we returned to the discussion of private/public spaces in the city and how these may be used. We have up until this point covered many of the major points and now it was time to move on to the more vague uses. Using Democracy and Public Space: The Physical Sites of Democratic Performance by John Parkinson we can define public as

1.Freely accessible places where ‘everything that happens can be observed by anyone’, where strangers are encountered whether one wants to or not, because everyone has free right of entry

2.Places where the spotlight of ‘publicity’ shines, and so might not just be public squares and market places, but political debating chambers where the right of physical access is limited but informational access is not.

3.‘common goods’ like clean air and water, public transport, and so on; as well as more particular concerns like crime or the raising of children that vary in their content over time and space, depending on the current state of a particular society’s value judgments.

4.Things which are owned by the state or the people in and paid for out of collective resources like taxes: government buildings, national parks in most countries, military bases and equipment, and so on.

and we can define private as:

1.Places that are not freely accessible, and have controllers who limit access to or use of that space.

2.Things that primarily concern individuals and not collectives

3.Things and places that are individually owned, including things that are cognitively ‘our own’, like our thoughts, goals, emotions, spirituality, preferences, and so on

In the discussion of Spaces we needed to get into the concept of The Tragedy of the Commons (Hardin 1968) which states that individuals all act out of self-interest and any space that isn’t regulated through private property is lost forever. This ideology has grown to mythological proportions and it was very nice to be able to use Nobel prize winning economist Elinor Ostrom to critique it:

The lack of human element in the economists assumptions are glaring but still the myth persists that common goods are not possible to sustain and that government regulation will fail. All that remains is private property. In order to have a more interesting discussion on common goods I introduced David Bollier

A commons arises whenever a given community decides that it wishes to manage a resource in a collective manner, with a special regard for equitable access, use and sustainability. It is a social form that has long lived in the shadows of our market culture, but which is now on the rise

We will be getting back to his work later in the course.

In closing I wanted to continue the problematizing the public/private discussion – in particular the concepts of private spaces in public and public spaces in private. In order to illustrate this we looked at these photos:

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Just a Kiss by Shutterpal CC BY NC SA

The outdoor kiss is an intensely private moment and it has at different times and places been regulated in different manners. The use of headphones and dark glasses is also a way in which private space can be enhanced in public. These spaces are all around us and form a kind of privacy in public.

The study of these spaces is known as Proxemics: the study of nonverbal communication which Wikipedia defines as:

Prominent other subcategories include haptics (touch), kinesics (body movement), vocalics (paralanguage), and chronemics (structure of time). Proxemics can be defined as “the interrelated observations and theories of man’s use of space as a specialized elaboration of culture”. Edward T. Hall, the cultural anthropologist who coined the term in 1963, emphasized the impact of proxemic behavior (the use of space) on interpersonal communication. Hall believed that the value in studying proxemics comes from its applicability in evaluating not only the way people interact with others in daily life, but also “the organization of space in [their] houses and buildings, and ultimately the layout of [their] towns.

The discussions we have been having thus far have been about cities and the access and use of cities. How control has come about and who has the ability and power to input and change things in the city. Basically the “correct” and “incorrect” use of the technology. Since we are moving on to the public/private abilities inside our technology I wanted to show that we are more and more creating private bubbles in public via technology (our headphones and screens for example) and also bringing the public domain into our own spaces via, for example, Facebook and social networking.

We ended the class with a discussion on whether Facebook is a public or private space? If it is a private space what does it mean in relation to law enforcement and governmental bodies? If it is a public space when is it too far to stalk people? And finally what is the responsibility of the platform provider in relation to the digital space as public or private space?

here are the slides I used:

Talk about pressure

When David Bollier was going on to the stage to give a presentation on the commons he noticed…

As I got up to speak, I paused and gulped: there in the audience was the pioneering scholar of the commons, Elinor Ostrom.

Talk about pressure! But all’s well that ends well:

I finished my presentation, and later saw Professor Ostrom ten yards away, down the hallway of the church. She flashed me a big smile and a “thumbs up.” What a relief! Two days later, I learned that she had won the Nobel Prize for Economics.

Read the whole story on On The Commons blog.

Runes and churches from the RAÄ

Another selection of photographs from the Swedish National Heritage Board have gone online at Flickr Commons. The latest batch (20 images to begin with) are photographs of churches and ancient monuments and the Heritage Board hopes that these images will both be appreciated by the public and that the public will contribute with information about the images as well as tagging and commenting them.

How about a nice rune?

Runic inscription (U 308) on a rock at Ekeby, north-west of Skånela Church.

The inscription says: “Gunne had these runes carved to his memory, while he was alive. Torgöt carved these runes.” – is this the twitter of the past?

Commenting on their selection the National Heritage Board write on their blog:

We on the Flickr Commons team at the National Heritage Board think that these plain and sometimes even a bit anonymous pictures have  something to tell us about the Swedish Cultural Heritage – not in a glamorous or fanciful, but in an honest way. Some of the photographs are taken by scientists or devoted scholars with the purpose to document. Some of the photographers are unknown to us.

We hope these photos will raise an interest in Old Time Sweden with its people, churches and ancient monuments. Welcome to share a part of our Heritage!

Disrespectful handling of digitalized cultural artifacts

On several occasions I have had the opportunity to discuss digitalization of traditional media. In particular to images that are no longer covered by copyright. Those who act as caretakers and gatekeepers for these cultural treasures have long been positive to digitalization – but were quick to discover that digitalization alone is not enough. The turning point of public opinion occurred when the Library of Congress began its pilot project with Flickr in the Flickr Commons. Read more about it on the Library of Congress blog or the report from the pilot.

Despite the anecdotal evidence, the gut feeling and the report some gatekeepers are still concerned about what will happen to “their” images if the plebeian mass can access them freely.

At first I thought their fears stemmed from a loss of income from selling prints, but this seems not to be their main concern even if some do refer to this. There main concern is the way in which the images will be treated.

They fear the disrespectful handling of digitalized cultural artifacts.

Now you may well ask yourselves how a digitalized artifact may be manhandled? Obviously it is not about destruction but there are concerns about use. The legal protection is long gone. The photographs are long since in the public domain and can be used and abused at will. This is of concern to the caretakers/gatekeepers since they have been entrusted with the images in physical form. In almost all cases they have received the photographs with a promise that they are preserving a part of cultural heritage. They believe that in their role as cultural preservers lies a duty to ensure that the photographers honor is not sullied by disagreeable online use.

And they know all too well that once digitalization and access has been granted there is no longer any control.

While I am a copyright minimalist and I think our protection terms are way too long I do feel there is a point here. How can museums and archives fulfill their duty to preserve what they have received in trust while maintaining their duty to provide access to culture?

Then I look at the work done by the Swedish National Heritage Board in relation to this question. They have put a small selection of their images on the Flickr Commons. A mere 274 photographs by Carl Curman (1833-1913).

The photographs have been accessed over 200  000 time since 17 March this year, that’s less than four months! Or 50 000 views per month (K-Blogg).

Besides pushing the almost unknown Carl Curman to a portion of internet fame the project at the Swedish National Heritage Board has brought back to life a set of dead photographs. Image how many times a photograph is seen in it’s lifetime. The average must be depressingly low. The most popular photograph in their project has been viewed 7805 times. Stop. Read the numbers and think. Seven thousand eight hundred and five times.

Stockholm by Carl Curman now seen by one more person: You…

Sure the photo will be ripped off. It will be posted on websites, stored on computers, used in presentations and the name of Carl Curman will be disassociated from the picture he took. Even more certain is that the Swedish Cultural Heritage Board will not be attributed enough for their thankless task of bringing this dead cultural artifact to life. But let us remember the old adage – no good dead goes unpunished.

The role of the caretaker/gatekeeper is, not a they once believed it to be, to prevent access. In the real world, grubby fingers and clumsy handling destroy the real artifact and lose it to the whole world. That is why we should be kept away from the real thing. But in the digital world the same is not true. What the flickr commons shows beyond a doubt is that while digitalization is good, it is nothing without access.

Ask Carl Curman.

More images in the commons

The Creative Commons blog writes about 250,000 images recently donated to Wikimedia Commons, a sister project of Wikipedia.

The images, part of the German Photo Collection at Saxony’s State and University Library (SLUB), are being uploaded with corresponding captions and metadata. Afterward, volunteers will link the photos, all available under Germany’s ported CC BY-SA 3.0 license or in the public domain, to personal identification data and relevant Wikipedia articles. The collection depicts scenes from German history and daily life.

As a bonus for the donating library, the metadata supplied by the German Photo Collection will be expanded and annotated by Wikipedia users, and the results will be seeded back into the collection’s database.

The donation marks the first step in a collaboration between SLUB and Wikimedia Germany e.V., the pioneering Wikimedia chapter who faciliated a similar 100,000-image-strong cooperation with the German Federal Archives last December.

Creative Commons license Creative Commons Attribution Creative Commons Share Alike

This file is licensed under Creative Commons Attribution ShareAlike 3.0 Germany License.

Viral Spiral, Bollier's new book

I have been a fan of David Bollier since I read his book Silent Theft so I was happy to see that he had written a new book on the importance of the public domain and the commons. The book, Viral Spiral: How the Commoners Built a
Digital Republic of Their Own
is also available for download under a Creative Commons license. From the website:

One of the big themes of Viral Spiral is the enormous value generated from making one’s work openly available on the Internet. While publishing traditionalists are skeptical of this new reality, a number of pioneering authors and publishers have shown the commercial appeal of posting their books online using one or another Creative Commons licenses. Among the more notable authors are Cory Doctorow, Lawrence Lessig, James Boyle, Yochai Benkler, Dan Gillmor and Peter Barnes. In the same spirit, New Press has authorized the following download of the text of Viral Spiral. I hope that anyone who has the chance to browse through the PDF version of the book will want to buy a hard copy.

On this day

Here is a weird anniversary I came across on Wikipedia. On this day 164 years ago, the last known pair of Great Auks were killed. Not only is this a strange anniversary but the individuals who were responsible for the final extinction were Jón Brandsson, Sigurður Ísleifsson and Ketill Ketilsson.

The last population lived on Geirfuglasker (“Great Auk Rock”) off Iceland. This island was a volcanic rock surrounded by cliffs which made it inaccessible to humans, but in 1830 the rock submerged, and the birds moved to the nearby island Eldey which was accessible from a single side. The last pair, found incubating an egg, were killed there on 3 July 1844, with Jón Brandsson and Sigurður Ísleifsson strangling the adults and Ketill Ketilsson smashing the egg with his boot. (Wikipedia)

Open Access Guide

The Oak Law project has produced an Open Access guide.

The book Understanding Open Access in the Academic Environment: A Guide for Authors by Kylie Pappalardo (with the assistance of Professor Brian Fitzgerald, Professor Anne Fitzgerald, Scott Kiel-Chisholm, Jenny Georgiades and Anthony Austin) aims to provide practical guidance for academic authors interested in making their work more openly accessible to readers and other researchers.

The guide provides authors with an overview of the concept of and rationale for open access to research outputs and how they may be involved in its implementation and with what effect. In doing so it considers the central role of copyright law and publishing agreements in structuring an open access framework as well as the increasing involvement of funders and academic institutions.

The guide also explains different methods available to authors for making their outputs openly accessible, such as publishing in an open access journal or depositing work into an open access repository. Importantly, the guide addresses how open access goals can affect an author’s relationship with their commercial publisher and provides guidance on how to negotiate a proper allocation of copyright interests between an author and publisher. A Copyright Toolkit is provided to further assist authors in managing their copyright.

The work is licensed under an Australian Creative Commons Attribution-NonCommercial-ShareAlike
2.5 License
.

Confused Politicians on Copyright

Without being too cynical it is easy to see that politicians are struggling with online copyright violation. Even the terminology is confused – copyright violation is too difficult and most people will talk about file sharing and thereby confusing technology with law.

In Sweden, where computer literacy is high and fixed price broadband is the norm, intentional copyright violation through filesharing is rife. In addition to this the moral concepts surrounding these acts have been fundamentally re-interpreted. Due to its relative ease, low cost and widespread acceptance – illegal file sharing is not considered by many to be morally wrong. Some not insignificant numbers also argue that it should not even be illegal.

Naturally politicians are concerned. Not all are cynically using the debate to forward their own popularity – some are sincerely concerned about the rift between law and morality in this question. Swedes, believe it or not, are a rather moral bunch. Sure we have reputations for free sex, expensive alcohol and high suicide rates but this is no longer a true picture if you compare Sweden to the rest of Europe. What I mean by being moral is that Swedes are relatively honest and prefer not to cheat – so when the rift between morality and law is apparent it is a greater reflection of a problem in Sweden than in some other countries.

So the Pirate Party wants to abolish copyright, The Swedish Left Party recently decided to strive to legalize online file sharing. Now the Centre Party are calling for change in a recent report by their spokesman on Copright Annie Johansson (report in Swedish Pdf) on the future of copyright.

Their report is interesting in that they want to attempt a re-evaluation of copyright in order to make it into a fair balance of rights. The report is also heavily influenced by the concept of Fair Use and the Creative Commons system which is good on the one hand but unfortunately the concepts are misunderstood in the
report. The fair use system is not easily applied in the Swedish concept due to different legal cultures and histories. And the Creative Commons licensing system cannot go beyond the legislation in hand.

Are politicians weary about talking to experts?

Despite these minor misunderstandings there seems to be growing political will to discuss the purpose of copyright. This could become very interesting.