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.

Fear as a business model

Moby has commented on the recent verdict against file-sharer Jammie Thomas has been found guilty and ordered to pay some $1.92 million in damages for illegally “making available” 24 songs in her KaZaA shared folder. That’s $80,000 per song!

Musician and electronica genius Moby (I only just found his blog/journal) writes:

punishing people for listening to music is exactly the wrong way to protect the music business. maybe the record companies have adopted the ‘it’s better to be feared than respected’ approach to dealing with music fans. i don’t know, but ‘it’s better to be feared than respected’ doesn’t seem like such a sustainable business model when it comes to consumer choice. how about a new model of ‘it’s better to be loved for helping artists make good records and giving consumers great records at reasonable prices’?

i’m so sorry that any music fan anywhere is ever made to feel bad for making the effort to listen to music.

the riaa needs to be disbanded.

Like many others Moby has put his finger on the main weakness on protecting intellectual property through lawsuits. You are either suing and pissing off your best fans or beating up (relatively) innocent bystanders in order to scare others… Isn’t this jailhouse logic? Beat someone up to gain respect?

Playing Moby loudly in the office as a tribute to his good sense and taste… also I like the music…

Copyright in fossils

Some early morning copyright humor from Norway via Olav Torvund‘s blog. Apparently the researcher who found the fossil Ida, Jørn Hurum wants to hold copyright in the fossil (in Norwegian). A quick reminder of what we are talking about here, from the Guardian:

Ida is believed to be the most complete primate fossil ever discovered. She is 95% intact and so well preserved that her tissues, hair and even her stomach contents are visible. By comparison, the much more recent fossil “Lucy” from Ethiopia is only 40% complete.

And for what noble cause does this academic want copyright? Well he tells the newspaper that he wants the exclusive right to put the image on caps, t-shirts and childrens soft toys.

Statements like this should make us copyright speakers think! With all the noise about copyright in society today many people, even highly educated people, just don’t get copyright. They don’t understand how it works today even less why some groups argue that it does not work today.

Hopefully Jørn Hurum and the Museum of Natural history will read Olav blog or be informed by someone else that copyright expires 70 years after the creators death… and may be a tad difficult to apply to a 47 million year old corpse.

Wikipedia goes Creative Commons

The Wikimedia Foundation board has approved the licensing changes voted on by the community of Wikipedia and its sister sites. The accompanying press release includes this quote from Creative Commons founder Lawrence Lessig:

“Richard Stallman’s commitment to the cause of free culture has been an inspiration to us all. Assuring the interoperability of free culture is a critical step towards making this freedom work. The Wikipedia community is to be congratulated for its decision, and the Free Software Foundation thanked for its help. I am enormously happy about this decision.”

Read all about it here.

Pirate Bay Guilty

The Stockholm court found all four defendents guilty. One year in prison and 30 million kronors in damages. This is a very stiff sentence by Swedish standards. Let the discussions begin…

TGI Friday with high anticipation

Can you feel the excitment in the air? It’s happening tomorrow. Yes it is Friday and the weekend weather is looking great but thats not what I am talking about. Tomorrow the courts will present their ruling for the Pirate Bay Case. It promises to be an interesting read.

Wikipedia to vote on change from GNU FDL to CC BY-SA

Sorry for the horrible abbreviations in the title!

Wikipedia is in the process of deciding to go from using the GNU Free Documentation License to using Creative Commons Attribution-ShareAlike as its primary content license. One of the reasons for this move is that the GNU Free Documentation License is less flexible to use for wikipedia. More information from the Creative Commons blog:

A community vote is now underway, hopefully one of the final steps in the process the migration of Wikipedia (actually Wikipedias, as each language is its own site, and also other Wikimedia Foundation sites) to using Creative Commons Attribution-ShareAlike as its primary content license.

This migration would be a huge boost for the free culture movement, and for Wikipedia and Creative Commons — until the migration happens there is an unnecessary licensing barrier between the most important free culture project (Wikipedia of course, currently under the Free Documentation License, intended for software documentation) and most other free culture projects and individual creators, which use the aforementioned CC BY-SA license.

To qualify to vote, one must have made 25 edits to a Wikimedia site prior to March 15. Make sure you’re logged in to the project on which you qualify, and you should see a site notice at the top of each page that looks like the image below (red outline added around notice).

licensing update site notice

Click on “vote now” and you’ll be taken to the voting site.

For background on the migration process, see Wikimedia’s licensing update article and the following series of posts on the Creative Commons blog:

Here’s a great “propaganda poster”, original created by Brianna Laugher (cited a number of times on this blog), licensed under CC BY. See her post, Vote YES for licensing sanity!

Indeed, please go vote yes to unify the free culture movement!

Vote YES! For licensing sanity!

Advanced Free Software Tools

My friend and colleague Henrik Sandklef will be offering a really cool course at Göteborg University. Check out Advanced Free Software Tools:

Advanced Free Software Tools prepares you, theoretically and practically, for working in a distributed FLOSS development environment.

So, if you want to learn about motivation behind FLOSS, basics of copyright and other legal concepts, licensing, code evaluation, code coverage, profiling, coding practices, development infrastructure, release management, version control, test environments, communication with projects and developers … and much more?

Send an email to sandklef@ituniv.se to get more information

Why numbers don't mean much – file sharing in Sweden

Presentation is everything. Shame that the truth may interupt an otherwise nice story. The Guardian was not alone among international media commenting on the implementation of IPRED (Directive on the enforcement of intellectual property rights) in Sweden. The article entitled Swedish internet use plummets after filesharing curb introduced began:

Internet traffic in Sweden – previously a hotbed of illicit filesharing – has fallen dramatically following the introduction of a law banning online piracy.

Lets begin with some of the obvious errors. The “hotbed of illicit filesharing” is a strange thing to call Sweden. We have a high Internet/broadband penetration and the Pirate Bay was launched and maintained by Swedes but there is no way that a county with 9 million inhabitants could be at the top of the file sharing list?

The fact that TPB was launched in Sweden does not mean that its users are Swedish or in Sweden – this is basic stuff – so did the writer want to increase the sensationalism in the article or doesn’t he understand how the Internet works? Check out this map of TPB users around the world.

TPB Tracker Geo Statistics
The statistics is now based on unique users connected per minute! Should provide alot more accurate data.
Keep in mind that a torrent client usually only connects to the tracker once every 15-20 minutes.

The next problem is that the measurements of the 30-50% drop in traffic (depending upon who you read) seems to be that the measurements where taken from a much too small sample and the drop mirrors a similar drop on the measured servers occurring at the same time last year (Sources in Swedish here).

Yes, there are file sharers in Sweden and yes one of the most popular torrent trackers was founded in Sweden. But the files are uploaded and downloaded from all locations across the world and a large dip in traffic may mean a number of things. Having said that there is no doubt that a number of users turned of their file sharing when IPRED entered into force – but only to begin searching for anonymity tools. It is extremely likely that the users who stopped file sharing will return since there is still no viable legal alternative.