Intellectual Property Rights & Remix Culture

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Presented by Alice Flecha

The People Own Ideas! By Lawrence Lessig

Lawrence LessigProfessor at Harvard Law School

Director of the Center for Ethics at Harvard

Taught at Stanford & Chicago University

Democratic Candidate for president of US

Free Software LicenseNotice that grants anyone who’s acquired the software extensive rights to

modify and redistribute it.

Rights-holder of software can remove copyright restrictions by adding an FSL to the software

Grants users the right to redistribute & change it.

Source CodeAny collection of computer instructions written using some human-readable

computer language, usually as text.

Specially designed to make computer programmers’ job easier

Source Code

Machine Code

Vendor Lock-InEconomics term

Customer is...■ ...dependent on vendor for products and services■ ...unable to use another vendor without

substantial switching costs

The question is not whether scholarly literature can be made costless, but whether there are better ways to pay the bills than by charging readers and creating access

barriers.

- Peter Suber

F.O.S.S.

What is it?Free

Open

Source

Software

Proprietary Software LicensesClaim to give creators more control over how their work is used

Keeps ownership of each copy of the work with the creator

Creator has right to give ultimatum that the customer must agree to all terms of use to use product

How Does It Work?Software can be modified and redistributed for free, as long as credit

is given to the original

Source code of the software is usually given away

Source code can be freely modified

Can be some license-based restrictions on re-distributing the software

If It’s Free, How Does the FOSS Market Work?Usually doesn’t limit the use of software

Revenue model based mainly on support services

Companies give their software away freely, but charge for support services

Linux

What is it?An operating system

Open Source

Widely used

Leading operating system on servers, mainframe computers, & supercomputers

How Does it Work?

No single official Linux desktop

Desktop environments and Linux distributions select components from a pool of free and open-source software

1.5%

of desktop computers

As of March 2015

20%of >$300 notebooks

Nearly

79.3%

of Smartphones

$25 Billion

in 2008

Worth

Who Uses It?

Games Made With Linux

Upsides“Allows teams to perform language localization of some Linux distributions for use where commercial systems wouldn’t be cost-effective”

eg. Sinhalese

Upsides● Security● Reliability● Low cost● Freedom from vendor lock-in● Open-source score comparable or

better to proprietary software

Creative Commons

Attribution

Recognition for your work

No Derivs

No changing your work

ShareAlike

If you use it, has to also be made a ShareAlike license.

NonCommercial

Can’t use it for commercial profit

Public Domain & Public Domain 0

Basically...

https://creativecommons.org

Copyright Copyleft Creative Commons

Creator does not allow anyone to use their work without express permission

Creator allows anyone to use their work however they like, but has to be under same type of

license.

Gives creator various options of how creator’s work

can be used

Privatized Culture

Having the right to paint a tipi

design is a privilege.

You cannot use another’s

design without obtaining their

permission

Is privatized culture better, worse, or the

same if religion plays a part in the privatization?

Why or why not? What about with

privatized information?

The fight between

sharing vs. privatizing information isn’t new...

Prometheus

OdinI know that I hung on a windy treenine long nights,wounded with a spear, dedicated to Odin,myself to myself, . . .

Until I spied the Runes . . .

Rúnatal, or Rúnatáls-þáttr-Óðins (Odin’s Rune Song),

The Hávamál, Stanzas 138-139

Then I was fertilized and became wise; I truly grew and thrived. From a word to a word I was led to a word, From a work to a work I was led to a work.

Rúnatal, or Rúnatáls-þáttr-Óðins (Odin’s Rune Song),

The Hávamál, Stanza 140

Anansi the Spider Man

Brazilian Remix Culture

Why’s Brazil so enthusiastically a “Pirate Nation” (by

the US’s standards)?

Don’t finance the Bourgeoisie!

Say yes to piracy

Piracy is a friend to the environment.

Piracy isn’t theft!

It’s piracy.That’s right! Pirates are Green!

Cannibals in Pop Culture

The Anthropophagist ManifestoIconic writing in Brazilian

literature

Written by one of the most famous Brazilian poets, Oswald de Andrade

POV of cannibalistic natives

The Anthropophagist Manifesto“Only Cannibalism unites us. Socially. Economically. Philosophically.

…All that matters to me is that which is not mine. Such is the law of Man. Such is the law of the anthropophagist.”

The Anthropophagist Manifesto“Clothing was what crushed the truth, the impermeable wall between the interior and exterior worlds.

The reaction of the clothed Man.

The American movies can explain.”

The Anthropophagist ManifestoAnthropophagy [... is] The permanent transformation of Taboo into Totem. [...] Absorption of the enemy made sacred. To transform [the enemy] into a Totem.

However, only the purest of the elite were able to realize carnal anthropophagy, that brings within it the highest meaning of life and avoids all the evils identified by Freud, catechistic evils.

The Anthropophagist ManifestoFrom carnal, it becomes elective and creates friendship. Affectionate, love. Speculative science. It deviates and transfers.

[...]

Low anthropophagy agglomerated in the sins of catechism - envy, usury, calumny, murder.

A plague of so-called cultured and Christianized, it is against it that we are acting.

The Anthropophagist ManifestoThe spirit refuses to think of itself as spirit without the body.

“Anthropomorphine” is necessary for the Anthropophagic Vaccine, for balance against the religions of the meridian and the exterior inquisitions.

The Anthropophagist Manifesto“Discovered and loved ferociously, with all the hypocrisy of nostalgia, by the immigrants, the trafficked, and the tourists in the land of Great Snake.”

...playing a part in the operas of Alencar, filled with good Portuguese ideals.

We already had Communism. We already had Surrealism.

The Beggar’s OperaBy John Gay

First performed in 1728

“The most popular play of the 18th century”

Music based on popular songs of the time

An anti-opera

Die Dreigroschenoper (The Threepenny Opera)by Bertolt Brecht and Kurt Weill

Based on John Gay’s play

Socialist critique of Capitalist world

Mentions of warning against the Nazis

“The pitiful fear of members of our society that one could question their originality is closely connected with their shabby concept

of property”

- Bertolt Brecht

“Copying is not easier; it is an art in itself”

- Bertolt Brecht

A Ópera do Malandro (The Rascal’s Opera)By Chico Buarque

Based on Bertolt Brecht’s play

Satire on politics of the time

Set in the ‘40s

Groundbreaking & iconic

Jemmy

Jenny

Gení

Jeff Koons

Tolkien Source

All but 1 dwarf name

The Völuspá

Gimli Gimlí

Gandalf (name) The Völuspá (Gandalfr)

The Trolls Alvíssmál

Tolkien Source

Smaug Fafnir (The Lay of Fafnir, Sigurd the Dragon Slayer)

Aragorn’s sword

Gram (The Völsunga Saga) Balsung (Nibelungenlied)

Bard the Bowman

Sigurd the Dragon Slayer (The Völsunga Saga)

The One Ring Andvaranaut (The Otter’s Ransom, The Skáldskaparmál)

The Dwarves The Dark Elves

Gandalf OdinWotan

Would you consider this remixing

culture or plagiarism?

Why?

Anti-video movement Audio recording technology delayed release

Unauthorized private & noncommercial access to

copying DVDs

Semantics matters

Works Cited

Allstar. Errol Flynn in The Adventures Of Robin Hood (1938). Digital image.The Guardian. The Guardian, 19 Oct. 2010. Web. 23 Oct. 2015.<http://www.theguardian.com/film/2010/oct/19/adventures-robin-hood-action>.

"Apple Launches iTunes Plus". Apple Inc. May 30, 2007. Web. 31 Oct. 2015<https://www.apple.com/ca/pr/library/2007/05/30Apple-Launches-iTunes-Plus.html>.

Arce, Nicole. "You Have No Choice: Google To Shut Down GTalk Feb. 23, Hello Hangouts." Tech Times. Tech Times, 17 Feb. 2015. Web. 31 Oct. 2015.<http://www.techtimes.com/articles/33037/20150217/you-have-no-choice-google-to-shutdown-gtalk-today-hello-hangouts.htm>.

Armstrong, Louis. Mack the Knife. By Bertolt Brecht. Louis Armstrong. Rec. 1956. 1956. MP3.<https://www.youtube.com/watch?v=tnOWikgTG2Q>.

Asay, Matt. "Microsoft's Annual Report: Open-Source Mental Block." CNET. CNET, 4 Aug. 2008. Web. 09 Nov. 2015.<http://www.cnet.com/news/microsofts-annual-report-open-source-mental-block/>.

Ashurst, Mark. "Brazil Falls in Love with Linux." BBC News 1 Feb. 2004, Business sec. BBC News. Web. 29 Oct. 2015.<http://news.bbc.co.uk/2/hi/business/3445805.stm>.

"China's Microprocessor Dilemma." Microprocessor Report. The Linley Report, 15 Apr. 2009. Web.<http://www.linleygroup.com/newsletters/newsletter_detail.php?num=4264>.

Coverity. "Coverity Scan Report Finds Open Source Software Quality Outpaces Proprietary Code for the First Time." Coverity. 2013. Web. 9 Nov. 2015.<http://www.coverity.com/press-releases/coverity-scan-report-finds-open-source-software-quality-outpaces-proprietary-code-for-the-first-time/>.

Works Cited

Etherington, Darrell. "Android Nears 80% Market Share In Global Smartphone Shipments, As IOS And BlackBerry Share Slides, Per IDC." Weblog post. Tech Crunch. Tech Crunch, 7 Aug. 2013. Web. 29 Oct. 2015.<http://techcrunch.com/2013/08/07/android-nears-80-market-share-in-global-smartphone-shipments-as-ios-and-blackberry-share-slides-per-idc/>

Hammel, Michael J. "Industry of Change: Linux Storms Hollywood."Industry News (2002): n. pag. 28 Feb. 2002. Web. 29 Oct. 2015.<http://www.linuxjournal.com/article/5472>.

Higgins, Parker. "Google Abandons Open Standards for Instant Messaging." Electronic Frontier Foundation. Electronic Frontier Foundation, 22 May 2013. Web. 31 Oct. 2015.<https://www.eff.org/deeplinks/2013/05/google-abandons-open-standards-instant-messaging>.

"ITunes Violates Norwegian Law." Forbrukerombudet.no. Norwegian Consumer Ombudsman, 7 June 2006. Web. 29 Oct. 2015.<http://www.forbrukerombudet.no/id/11032467.0>.

Koons, Jeff. String of Puppies. 1988. Polychrome on wood. N.p.<https://cpyrightvisualarts.files.wordpress.com/2011/12/cropped-screen-shot-2011-12-17-at-12-00-24-pm.jpg>.

Krane, Jim. "Some Countries Are Choosing Linux Systems Over Microsoft." Seattlepi.com. The Associated Press, 30 Nov. 2001. Web. 31 Oct. 2015.<http://www.seattlepi.com/business/article/Some-countries-are-choosing-Linux-systems-over-1073338.php>.

Linux Devices. "Trolltech Rolls "Complete" Linux Smartphone Stack."Archive.is. Linux Devices, 28 Nov. 2006. Web. 29 Oct. 2015.<http://archive.linuxgizmos.com/trolltech-rolls-complete-linux-smartphone-stack/>.

"Linux Spreads Its Wings in India." Bloomberg.com. Bloomberg, 20 Sept. 2006. Web. 29 Oct. 2015.<http://archive.linuxgizmos.com/trolltech-rolls-complete-linux-smartphone-stack/>.

McMillan, Robert. "IBM, Brazilian Government Launch Linux Effort."InfoWorld. InfoWorld, 16 Feb. 2015. Web. 29 Oct. 2015.<http://www.infoworld.com/article/2675550/operating-systems/ibm--brazilian-government-launch-linux-effort.html>.

Works Cited

Rajeev, P.I. "Kerala Shuts Windows, Schools to Use Only Linux." Indian Express 4 Mar. 2008. Print.<https://www.google.ca/search?q=Kerala+Shuts+Windows%2C+Schools+to+Use+Only+Linux&oq=Kerala+Shuts+Windows%2C+Schools+to+Use+Only+Linux&aqs=chrome..69i57.1366j0j4&sourceid=chrome&es_sm=122&ie=UTF-8>.

Rogers, Art. Puppies. 1985. Photography. N.p. <https://cpyrightvisualarts.files.wordpress.com/2011/12/cropped-screen-shot-2011-12-17-at-12-00-24-pm.jpg>.

Rowe, Robin. "Linux and Star Trek." Linux Journal, 2003. Web. 29 Oct. 2015.<http://www.linuxjournal.com/article/6339>.

Smith, Brett. "A Quick Guide to GPLv3." Gnu.org. Free Software Foundation. Web. 15 Oct. 2015.<http://www.gnu.org/licenses/quick-guide-gplv3.en.html>.

Spinellis, Diomidis (May 2008). "A Tale of Four Kernels". ICSE '08: Proceedings of the 30th International Conference on Software Engineering. Leipzig, Germany: Association for Computing Machinery. pp. 381–390. doi:10.1145/1368088.1368140<http://www.dmst.aueb.gr/dds/pubs/conf/2008-ICSE-4kernel/html/Spi08b.html

Stallman, Richard. "The GNU Manifesto." GNU Project. Free Software Foundation, n.d. Web. 31 Oct. 2015.<http://www.gnu.org/gnu/manifesto.en.html>.

Strauss, Darryll, and Wook. "Linux Helps Bring Titanic to Life." Linux Journal. Linux Journal, 1998. Web. 29 Oct. 2015.<http://www.linuxjournal.com/article/2494>.

The Beggar's Opera. Dir. John Brook. By John Gay and Denis Cannan. Perf. Laurence Olivier, Hugh Griffith, George Rose, George Devine. Herbert Wilcox Productions, 1953. Film.<https://www.youtube.com/watch?v=TW2GIYQTtIY>.

Vaidhyanathan, Siva. Copyrights and copywrongs: The rise of intellectual property and how it threatens creativity. NYU Press, 2003. Print.