I find it hard to believe that you have spent more than a few months with Linux to not find many things radically different. A PART of Linux that tries to make itself compatible with people is give them ways to use their old knowledge to do the same old tasks on Linux that they did on windows. To say that Linux is only playing a catch up game tells me you should probably stick with Windows. IMO, I think Macs take the most common thing people want to do and put it into a one-click application. What you can do is REALLY awsome. Just check out youtube to see what people have done with iMovie. In business, the best thing you can do is take one thing and do it REALLY WELL. Try to expand too much, and you will just be beaten out by a large number of specialists. Linux doesn't NEED to attract or prove anything to anybody. It is awesome that people are starting companies and making big money off of Linux directly or indirectly, but that is not the core of what Linux has ever been about, at least for Linus Torvalds as I understand from a number of interviews I have read.
One thing to love and hate about design principles in Linux / FOSS is that it is based on creating the most productive software, not necessarily the most easy to understand or get started with software. Blender I think is the best example of this. There is a LOT to learn before you can do much of ANYTHING in blender. It is confusing and every button and modifier key does something different. The interface is ... well atrocious in many ways. Until you "get it". Once you painfully climb that seemingly never ending vertical learning curve, you are FREE. Forget the mouse and just imagine what you want to see and type it out in a few bizarre incantations on your keyboard. IF you can remember all the crazy commands, Blender is FAST. If you can't remember, or simple don't like working that way, then Blender is not for you. What will not happen is Blender changing its interface to attract a greater number of people. Take it or leave it.
There is also the issue that at the heart, Linux is Free. Many great Windows apps are developed under Linux, or for Linux, then easily ported to Windows. Write an app for Windows, and it works on Windows. Write an app for Linux, and it will work on anything with a microprocessor with the right simple planning or forethought.
My killer, can not live without, Linux application is BASH. I get strange problems in my head where I want to look something up in a way that a regular search engine simply won't do. or some stat problem I want to double check via brute force (cause why not, it is another way to confirm an answer), a method that can not always be done mentally. This is where I jump on the computer, and in a few strange incantations in a terminal, I have just what I wanted.
Yes, we can do that too will always be a catchup came cause who knows what Microsoft will convince people they need next. That can't ever change unless Microsoft stops being main stream. This will be a cultural change. Linux is about the bringing the power of the computer to the users fingertips. Windows is more about meeting the needs of "Ohh, Internet, I want to do that!". We are just in a time where there are still so many people in that latter category. Linux is just a kernel, but it is also just a tool. There will always be new things added to Linux that people need for themselves that others will join in and contribute to, but gearing itself towards "sacrifice anything and everything to get the maximum number of people to use it" will, I pray, NEVER be the heart of Linux.
Specialist circumstances need specialized software. Web Server, embedded systems, data centers. Linux provides the tweakability to do killer things REALLY well. You just can't do that in Windows, certainly not in the way that a trained Linux specialist can really make things work.
The Year of Linux was 1996.
Just read the Halloween Documents to confirm that BY MICROSOFT! At this point in time Microsoft identified Linux as an undefeatable adversary due to the NATURE of its distributed and community development in addition to the well made tools available for the system. It was an expert system for expert people that Microsoft would never be able to get rid of in any legal or moral way. Linux took over in the above named markets and have never fell.
The one thing that was argued was that Linux could never be a viable Desktop solution. Microsoft has powerful ground here, but OpenSuse introduced a great desktop system that showed that the FOSS community could reach out beyond people that could make contributions. That was in 2004.
So with those milestones long behind us, what do you want? What is this Year of Linux? Mass use? Well, the Internet is built on Linux / BSD, so everyone that uses the Internet is using Linux, strictly speaking. The LAST place for Linux to have a "take over" is on those nodes, the workstations, the home computer, something the complete novice can "do the Internet on". So at LEAST call that the Year of the Linux Desktop.
Microsoft has a plan to stay in business. It is called FUD. Microsoft is in large part successful for the same reason 23% of Texans think Obama is Muslim. In this case, it doesn't matter. I have Linux, and Linux does everything I need. I discourage many people from using Linux because Linux will present their computer to them as a tool to extend their mind and express themselves in new, powerful ways that may have been previously unimaginable. Most people DON'T WANT THAT. I'd argue that it is because most people don't understand that it is a possibility. As I said before, they just want to do the Internet and the email. For them the computer does things (hopefully) that you tell it to do. It is not an extension of their mind, not in the way that an ">expert would harness their computer skills.
People won't change, but society will change as new generations of computer users are born into it. As this takes place, as it obviously has been, the software will be there, and it will be Linux.
By this measure, the Year of Linux will be when general education teachers in public schools assign FOSS development as a part of every regular class. When C (or whatever language of your choice it) will be considered as equally important to teach along side English.
This is realistic, but no less than 30 years away because most teachers over 30 these days hardly know how to turn their computer on. It will take the children born in the last 10 years that grew up in todays technologies to be the majority of teachers in schools and administers on the Board of Education.
So to see that end, all we need to do is keep doing what we are doing now. It will always be transitional. Microsoft will always make Linux out to be insignificant. The only difference in the future will be the number of people still listening.
What do you listen to?
Showing posts with label free culture. Show all posts
Showing posts with label free culture. Show all posts
Thursday, December 18, 2008
Wednesday, December 03, 2008
The FOSS business Model
There are many objectives and purposes of FOSS, while boxware has only the purpose of selling units. That is tough to compete with because boxware, from an investor perspective (person investing in the company selling it, not the ones buying it) it is successful when they sell so many units, and fail if they sell too few. Very straight forward.
FOSS in every way is more complicated. Investors of Red Hat want to see subscriptions sold, but that also depends on who you would call an investor. Many people profit from Red Hat's work, and any FOSS progress is perpetual. Red Hat will always live on in a way because of its nature. People can always expand and support Linux no matter what happens, By contrast, whatever way it could happen, if Microsoft one day went belly up, EVERY investor, stock holders and users are totally burned.
So another contrast. The purpose of Windows is for the software to be sold. The purpose of Linux / FOSS is to be productive. FOSS doesn't need to be profitable by the box as much as it needs to be useful, and proprietary software doesn't need to be as useful or productive AS MUCH as it needs to sell box units.
When we are talking about a movie company, there are two routes to go. Movies are not FOSS, remembering that the last 'S' means software. Movies make more sense under a CC license if you want it to be that type of free, but that is something else entirely. FOSS v. proprietary for a movie studio is the argument of whether or not the company is going to use make all their own software (very impractical, they are not a software company), or pay someone to give them the software they need. On a larger scale, individual companies can make their own software (again, makes no sense cause not a software company) or movie studios as a whole can pay one big company to provide for all their needs. In a way this can make a lot of sense, but has certain limitations when it is proprietary.
The FOSS solution says use this open model, build upon it as you need, BUT if you share that code or want to sell it, you need to "share-alike". This means that movie studios can meet their own individual specialized needs, and have the benefits of a community that is 'invested' in having quality software. There is also the motivation and hope that if you choose to share parts / tools that are good for you, others will build upon it and improve upon it making it the best software possible.
So if 100 movie studios work together sharing their best in-house tools for making quality movies, then many things happens. You have great software everyone can use. The software is superior than what any one company could develop. The tools are more flexible than could have been possible by one company, and profitability will come down to the ability for companies to utilize that software to make a good movie. Software engineers got paid for their work, the software is very valuable, but 'worthless' as a stand alone package. So now the questionable investment is whether or not it is going to be worth your money to invest in someone looking to make money contributing to such a project that is not directly involved in the movie production itself. Red Hat is such a company (for another industry, of course), but when such business models 'fail', the ability to quantify the failure financially for that company is 'simple' (sort of) but not for the software as a whole, something MUCH more complicated.
But again, the only thing special here is that when proprietary boxware fails, it fails for EVERYBODY and entirely. FOSS just can't be judged the same way, even if it is something very difficult for people design a business model around.
And I'll just say it now before anyone needs to point it out, I do casually program and use Linux but I am not a software engineer, and certainly not involved in the industry beyond consumer and fan. This is just my observation and opinion as an outsider with a strong belief (even if a naive one) in FOSS.
Note: As usual this was an inspired post as linked above. The original article regarding the subject matter came from here.
Afterthought from reading this post:
So maybe FOSS profitability is a lot like the restaurant business; Never trust a skinny chef :)
And why not one more. This post kinda pissed me off.
FOSS in every way is more complicated. Investors of Red Hat want to see subscriptions sold, but that also depends on who you would call an investor. Many people profit from Red Hat's work, and any FOSS progress is perpetual. Red Hat will always live on in a way because of its nature. People can always expand and support Linux no matter what happens, By contrast, whatever way it could happen, if Microsoft one day went belly up, EVERY investor, stock holders and users are totally burned.
So another contrast. The purpose of Windows is for the software to be sold. The purpose of Linux / FOSS is to be productive. FOSS doesn't need to be profitable by the box as much as it needs to be useful, and proprietary software doesn't need to be as useful or productive AS MUCH as it needs to sell box units.
When we are talking about a movie company, there are two routes to go. Movies are not FOSS, remembering that the last 'S' means software. Movies make more sense under a CC license if you want it to be that type of free, but that is something else entirely. FOSS v. proprietary for a movie studio is the argument of whether or not the company is going to use make all their own software (very impractical, they are not a software company), or pay someone to give them the software they need. On a larger scale, individual companies can make their own software (again, makes no sense cause not a software company) or movie studios as a whole can pay one big company to provide for all their needs. In a way this can make a lot of sense, but has certain limitations when it is proprietary.
The FOSS solution says use this open model, build upon it as you need, BUT if you share that code or want to sell it, you need to "share-alike". This means that movie studios can meet their own individual specialized needs, and have the benefits of a community that is 'invested' in having quality software. There is also the motivation and hope that if you choose to share parts / tools that are good for you, others will build upon it and improve upon it making it the best software possible.
So if 100 movie studios work together sharing their best in-house tools for making quality movies, then many things happens. You have great software everyone can use. The software is superior than what any one company could develop. The tools are more flexible than could have been possible by one company, and profitability will come down to the ability for companies to utilize that software to make a good movie. Software engineers got paid for their work, the software is very valuable, but 'worthless' as a stand alone package. So now the questionable investment is whether or not it is going to be worth your money to invest in someone looking to make money contributing to such a project that is not directly involved in the movie production itself. Red Hat is such a company (for another industry, of course), but when such business models 'fail', the ability to quantify the failure financially for that company is 'simple' (sort of) but not for the software as a whole, something MUCH more complicated.
But again, the only thing special here is that when proprietary boxware fails, it fails for EVERYBODY and entirely. FOSS just can't be judged the same way, even if it is something very difficult for people design a business model around.
And I'll just say it now before anyone needs to point it out, I do casually program and use Linux but I am not a software engineer, and certainly not involved in the industry beyond consumer and fan. This is just my observation and opinion as an outsider with a strong belief (even if a naive one) in FOSS.
Note: As usual this was an inspired post as linked above. The original article regarding the subject matter came from here.
Afterthought from reading this post:
What good does FOSS adoption mean if there's no money exchanging hands?Cause sometimes software is made to be used. One way you could measure FOSS profitability (albeit unfairly) would be to add up the profits of all companies invested in FOSS, like IBM, Sun, Pixar, HP to name a few. These companies don't ONLY use FOSS, and they don't give away all their software secrets, but they ARE big investors in FOSS, and FOSS is a big part of what they use to be profitable while contributing to it.
So maybe FOSS profitability is a lot like the restaurant business; Never trust a skinny chef :)
And why not one more. This post kinda pissed me off.
One thing i think we will see FOSS project's movng away from is giving away the software. if you GPL something, it doesn't mean you have to give it away, it just means who ever you sell it to gets the source code along with the program.I could for example write some software, sell it to others and then give them access to the source where only paid customers could make commits and see the source. source is only required if you distribute something....I have said this so many places, but I think it needs to be said again given your post. I don't think you GET free software. I know this is separate from the article, but you fail to see the primary goal of free software and why it works. Sharing code makes better software. THAT'S IT! It was never about making profit directly off the software. Profit is made from productive USE of the software. What people want to try to do is take this great, powerful, and successful thing Linux and make profit off of it directly, like business people have tried to do with everything forever! Free software is just really hard because its nature. And as many commented, and my interpretation of what you said, people are not going to turn free software into proprietary software. Hmm... I take that back, noone is going to turn GPL software into proprietary software. DAMNIT, technically, you are right, it is called Mac OSX. Personally, and let people flame me for saying this, exactly the fears you are expressing that will be the death of FOSS are exactly what has happened to BSD. This is why I think the BSD Free model is going out because people are recognizing that for free to stay free comes at the price of making sure it stays that way. That is what GPL is all about. Torvalds disdain for GPLv3 I think reveals some reveals a lot about how the classical belief in free software is dead as people are forced to take harder and harder lines on free v. proprietary, where before it was just about free, and not necessarily what happened to it.
Labels:
free culture,
free market,
linux,
slashdot,
ubuntu
Monday, December 01, 2008
What Free Culture means to me
I agree you don't need to pay to be a part of your own culture. There are many free alternatives, but as much as I enjoy embracing free culture, it does feel like a fight in some ways. Embracing free culture hasn't been easy. I do not know a lot of people personally that embrace free culture, so often times it feels like culture is a relationship I have by myself with the computer / Internet.
Something I have tried to do in the last few months is working away from non-free, or what I might call luxury, culture. I have not purchased a CD since the whole Napster thing, but this more recent transition I have been working towards only listening to CC licensed music. The result wasn't what I expected. I find there is a lot more variety, not to mention expression in the work. It started as an anti big media thing, but now I see it as a great way to introduce great new music to friends that have likely not heard it before. The best part is being able to easily contact artists, and when I leave reviews, I frequently get messages back. Those experiences have made it feel much more like a culture than just stuff.
I guess what I have enjoyed has only strengthened my idealism. And to clarify, I don't want everything to be 'free' in a monetary sense, just free in a way that the business model would allow me to do what I want with it as something I paid for. I would ideally like it if an artist would be flattered for me to make copies of their music and give them to my friends to enjoy. I want to listen to a wide variety of music the way it is free in a library or on the radio, but in a way that harnesses digital technology, and pay money to go to concerts where the band is making a good cut of the ticket price, the kind of thing where the supply isn't artificially deflated to ensure optimal revenue at the expense of calling fans pirates. I know this model would not work for all artists, but imho, the artists that would loose in this situation are the ones that completely lack talent. I also think such a model would make record companies obsolete (as if they are not already) or stores that box little units of information and put a sticker on them. It wasn't a bad way to do things, it just seems out dated. Record companies haven't been around for a long time, but music certainly has. I really believe exposure directly relates to opportunity. The issue is that it just isn't the same opportunity of the past.
Also, I think there is an under appreciation / mis representation of what is "other peoples work". All creativity builds on the past and on nature. Nobody today creates anything without the assistance of many other people. People that whittle figurines out of drift wood unlikely smelted the metal for the knife, and who ever did smelt it didn't do so from scratch. I think you know where that can go forever. ALL THINGS build upon and express other things around you. Who gets credit for what is a matter of advertising. People should certainly get paid for their labor and creative expressions of our world, but it is everyone else that as a whole that help provide that world worth expressing. Further, art that is not an expression of our culture, world, or life typically have no worth. Good art, stories, music are those that resonate with people because part of the art is already inside that person that sees it, hears it, or appreciates it in any way.
I just think that to SOME extent, that in the way creators and consumers are all part of the same culture that there bee some shared rights. I further believe Creative Commons, and the voluntary nature of it (maybe even especially its voluntary nature) it a step in the right direction.
People with money have spent money in Washington to help uphold the rights of artists through the digital age. By itself, I think most of it has been good. My issue, with regard to Washington, is that big media has gotten more of an opportunity to share their opinion and 'educated' people about their rights than, say. the historical purpose of public libraries, classical literature, free access to public domain in a fair way, and using the power of the Internet to extend the purpose of the public library in the way it was intended but was physically and technologically limited. I do not believe that public libraries and free radio are simply 'tolerated' because they could never have much influence, and because the control by the reader / public is 'limited' by nature.
I believe a full Library of Alexandria, Library of Congress, and everything else the Internet could strive to offer to the eyes and ears of every human being would make for a GREAT world, not one where "people would no longer be motivated to innovate" as the entertainment industry has lead many people, including law makers, to believe. We have the power; we need to make it a reality.
THAT is the free I fight for.
Afterthought:
An over simplification is that fair use is an affirmative defense, not a right. There is a big difference between embracing something and tolerating something. There is a certain irony to 'fair use' considering what natural rights existed before. To paraphrase Lessig, much of what is regulated use and 'fair use' today was not very long ago completely unregulated.>br>
That is how "fair use does not [nor ever intended to] address free culture".
Example of how I see fair use in culture today is similar to regulations at an airport if things got a lot worse. Do away with the list of things you can't do or bring on a plane, and replace it with a very specific list of hypothetically acceptable things. Now, if you actually want to bring something onto the plane that may match something on the list, you need to explain where you got it, why you need it with you, and sign a waiver exempting the item from being covered by insurance in case it gets lost (kudos to anyone that understands the insurance part).
Excuse me, but just how can you call that "Rights".
Oh, and just in case it needs to be said, I did not mean to say that Free Culture does not address Fair Use, just that it is mono-directional understanding.
Something I have tried to do in the last few months is working away from non-free, or what I might call luxury, culture. I have not purchased a CD since the whole Napster thing, but this more recent transition I have been working towards only listening to CC licensed music. The result wasn't what I expected. I find there is a lot more variety, not to mention expression in the work. It started as an anti big media thing, but now I see it as a great way to introduce great new music to friends that have likely not heard it before. The best part is being able to easily contact artists, and when I leave reviews, I frequently get messages back. Those experiences have made it feel much more like a culture than just stuff.
I guess what I have enjoyed has only strengthened my idealism. And to clarify, I don't want everything to be 'free' in a monetary sense, just free in a way that the business model would allow me to do what I want with it as something I paid for. I would ideally like it if an artist would be flattered for me to make copies of their music and give them to my friends to enjoy. I want to listen to a wide variety of music the way it is free in a library or on the radio, but in a way that harnesses digital technology, and pay money to go to concerts where the band is making a good cut of the ticket price, the kind of thing where the supply isn't artificially deflated to ensure optimal revenue at the expense of calling fans pirates. I know this model would not work for all artists, but imho, the artists that would loose in this situation are the ones that completely lack talent. I also think such a model would make record companies obsolete (as if they are not already) or stores that box little units of information and put a sticker on them. It wasn't a bad way to do things, it just seems out dated. Record companies haven't been around for a long time, but music certainly has. I really believe exposure directly relates to opportunity. The issue is that it just isn't the same opportunity of the past.
Also, I think there is an under appreciation / mis representation of what is "other peoples work". All creativity builds on the past and on nature. Nobody today creates anything without the assistance of many other people. People that whittle figurines out of drift wood unlikely smelted the metal for the knife, and who ever did smelt it didn't do so from scratch. I think you know where that can go forever. ALL THINGS build upon and express other things around you. Who gets credit for what is a matter of advertising. People should certainly get paid for their labor and creative expressions of our world, but it is everyone else that as a whole that help provide that world worth expressing. Further, art that is not an expression of our culture, world, or life typically have no worth. Good art, stories, music are those that resonate with people because part of the art is already inside that person that sees it, hears it, or appreciates it in any way.
I just think that to SOME extent, that in the way creators and consumers are all part of the same culture that there bee some shared rights. I further believe Creative Commons, and the voluntary nature of it (maybe even especially its voluntary nature) it a step in the right direction.
People with money have spent money in Washington to help uphold the rights of artists through the digital age. By itself, I think most of it has been good. My issue, with regard to Washington, is that big media has gotten more of an opportunity to share their opinion and 'educated' people about their rights than, say. the historical purpose of public libraries, classical literature, free access to public domain in a fair way, and using the power of the Internet to extend the purpose of the public library in the way it was intended but was physically and technologically limited. I do not believe that public libraries and free radio are simply 'tolerated' because they could never have much influence, and because the control by the reader / public is 'limited' by nature.
I believe a full Library of Alexandria, Library of Congress, and everything else the Internet could strive to offer to the eyes and ears of every human being would make for a GREAT world, not one where "people would no longer be motivated to innovate" as the entertainment industry has lead many people, including law makers, to believe. We have the power; we need to make it a reality.
THAT is the free I fight for.
Afterthought:
An over simplification is that fair use is an affirmative defense, not a right. There is a big difference between embracing something and tolerating something. There is a certain irony to 'fair use' considering what natural rights existed before. To paraphrase Lessig, much of what is regulated use and 'fair use' today was not very long ago completely unregulated.>br>
That is how "fair use does not [nor ever intended to] address free culture".
Example of how I see fair use in culture today is similar to regulations at an airport if things got a lot worse. Do away with the list of things you can't do or bring on a plane, and replace it with a very specific list of hypothetically acceptable things. Now, if you actually want to bring something onto the plane that may match something on the list, you need to explain where you got it, why you need it with you, and sign a waiver exempting the item from being covered by insurance in case it gets lost (kudos to anyone that understands the insurance part).
Excuse me, but just how can you call that "Rights".
Oh, and just in case it needs to be said, I did not mean to say that Free Culture does not address Fair Use, just that it is mono-directional understanding.
Tuesday, October 28, 2008
Which came first, Copyright or Creativity?
So there was an article on Slashdot today that got me very excited.
There is a big discussion going on, as usual with these issues, with a full range of opinions on this.
In this discussion the question came up of which came first, creativity or copyright with the argument presented:
This was a comment by Tharos.
It was the "Pretty Simple" I could not ignore. This was my response, disagreeing that organizations like the RIAA are something only of the present that came about AFTER the Internet:
Interesting perspective on history. But if many people think this is the way that it happened, no wonder we are in the mess we are in today, IMHO.
Survival has always been about advantage. Even in interspecies interaction, the winner most always the one that knows something the other does not. Where food is, where predators are not, deceptions in numbers, camouflage, and other things. Ultimately, nature and human history have shown that knowledge is power. Further, in competition, it is about having more power, even if by simply ensuring less knowledge by potential adversaries.
It may not have been called copyright in the century leading up to the Statute of Anne, but the control over the flow of information, and special armies to protect such information from falling into the "wrong hands" has been around as long as there has been written language. In some places, there were even were secret spoken languages meant only for the elite that were forbidden to be learned by commoners by threat of death. Even Caesar used encryption algorithms to pass secret messages to troops (Still known today as the Caesar shift). Scribes were required to take oaths not to reveal the secrets shared with them, and master texts were bound by shackle to the most trusted members, not in ways necessarily to keep the book from harm, but to keep the text away from unauthorized eyes.
All this is copy protection because every time we see an image or read a text, or see a sound, our brains make a copy... albeit some better than others.
So in many ways, copyright, the protection and control over knowledge came first, and with the birth of creativity and free thinking immediately came with it along side was methods of copy protection.
Wit the invention of the printing press in 1439, copyright was thrown into chaos. The distribution of knowledge was able to fight copyright in new ways never before conceived. Governments quickly responded with copyright police that hunted down book publishers, rounding them up for public hangings and beheading for their crimes to serve as an example of how they would deal with pirates; stealing work from scribes and writers. It was a problem the elite argued would destroy knowledge, creativity, and progress as there would be no longer any motivation for thinkers to think, scientists to study, or writers to write.
Well, they were right in part. The scribes guild vanished over a period of time. Knowledge as it was known, held in secret by a powerful few, had been destroyed.
But... someone and for some reason people did keep writing books, and all the tales of the end of the world of creativity never quite came about. Some argue it was actually the other way around, that a revolution took place and a generation of thinkers were born, but whose to say what really happened, right?
But then came a new battle. The scribes were gone, and book publishing had taken over. People had been enlightened, and there was a new thirst for knowledge, this time in masses, and printed books had been legalized. This time, the control was in the hands of the book publishers. But as the elite scribes had known, power isn't just control, but exclusive power. Book publishers wanted exclusive rights to publish books. The printers guild aka Stationer's Company, were granted exclusive right to print the books, so long as royalties were paid to the Queen. Books were 'bought' by the queen, and she would give the texts to book publishers that would get exclusive printing rights indefinitely. No royalties were ever paid to writers, and writers were banned from self publishing or seeking an independent press. Queen Mary I of Great Britain was the first MPAA / RIAA of its kind. A rose by any other name would smell as sweet.
By 1709, Shakespeare had been dead nearly 100 years. The independent publishers fought even harder for a more free copyright law, as opposed to the indefinitely perpetual copyright law in place. Shakespeare is a part of our culture and can not be owned by anyone. Stories are a part of who we are, not to be owned by individuals. Knowledge should be spread by any means necessary, and we are here to meet that demand.
A settlement was reached in the British courts in 1709 with the Statute of Anne, looking to balance the rights of people who would write stories contributing to culture, science, and "useful arts", and the rights of the people whom were members of that culture, both as readers, thinkers, and writers that draw upon that culture. Copyright would hence forth be limited to a period of fourteen years for new works, with requirements that copies be placed in all the libraries of Britain, and free for Stationer's Company to reproduce.
The founding fathers of the United States Constitution recognized this important protection and balance between culture, progress, and control, and thus included in the powers granted to congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"... Which with the powerful lobbyists of today have taken from "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" to "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries", but that is skipping ahead...
Quickly, Fox, Kodak, and Disney take a whole bunch of stuff, without any regard to copyrighted books and movies to patented film types and projectors, moving to California to form Hollywood because it was far enough from Washington DC to avoid the law, not to mention inventors seeking patent royalties for their inventions. skipping ahead, Disney becomes super power, tries to expand copyright but fails until people are distracted by WWII. Threatened by radio, congress grants freedom to radio despite major opposition. Disney / MPAA greatly threatened by Cable Companies saying it is going to "destroy creativity" just like radio as these companies run their pirate cables, just as scribes had claimed in 1400's. Congress grants statutory royalties. VCR comes out. BIG freak out, blah blah blah, more copy right statutes. broadcast flag, blah blah blah, CD, DVD MAJOR FREAK OUT... again, as usual as the dominent power of information / culture distribution was threatened. Internet, same thing so on and so forth.
So what I see? Culture was created and controlled by and elite few and distribution was difficult. Over the past millennium, there is always the attempt for "Who controls the past controls the future. Who controls the present controls the past." ~George Orwell (or Rage against the Machine for those that don't read books), or as Lawrence Lessig puts it, "1. Creativity and innovation always builds on the past. 2. The past always tries to control the creativity that builds on it. 3. Free Societies enable the future by limiting the past. 4. Ours is less and less a free society."
So I see it as, there is and always will be creativity. It can not be stopped. People with power and money from their success will fight to keep that control, and that power can potentially be limited by government. People will always fight for progress by any means necessary. Our government today is powerless to encourage progress due the many controls of the creators of the past.
The difference, as Sigmund freud put it, we are lucky to live in an age where people only burn our books and not us.
For a more complete version, read Free Culture by Lawrence Lessig, or watch any of his videos / lectures on youtube or opencinema, and a great film, Steal This Film Part II on the history of copyright, or part one on government coruption by the media, produced by The Pirate Bay.
http://www.youtube.com/watch?v=7Q25-S7jzgs "Larry Lessig: How Creativity is being strangled by the law"
Obligatory comment left by me on this video:
Jack Valenti called it his own terrorist war, him being on the side of the monopolies. Hmm... the only terrorist I see is the man determined to rewrite the constitution in his favor. They may not be on our soil, but today we have a great American patriot that is not looking for mediation or compromise but has set his mission to destroy this evil the only way he knows how. He has enlisted hundreds of millions in advertising to fuel a undefeatable black market for any piece of culture the demons of our time would try to lock away and strategically hand out like bread to starving children. He has given the world a Horn of Plenty, looting from the pirates that stole our culture and try to comodotize and control it. Our great American Patriot's are Gottfrid Svartholm, Fredrik Neij, and Peter Sunde. Long Live The Pirate Bay!
With this caveat:
When our society returns to progress and we live in a Free culture as promoted by Lessig, Patry, and other men I consider great American heroes (reserving patriot for those of Edward Abbey's definition. GREAT men, just different), there will be no place for the pirate bay. As it is a front line of defense against injustice, a free culture will not need (no offense) such a crude and unorganized site that is merely an index. Sites like Jamendo will dominate. The evidence I present to defend this is this: Look at the inclusions in the index. Look for public domain works. Look for creative Commons work. Try to find work people are trying to give away or share with the world. You won't find any. The great success of The Pirate Bay is fueled only as a counter to greed and corruption. This explains the hundreds of millions of dollars in "off-shore accounts" around the world. Freedom, and a love for cultural sharing where artists recognize the influence culture has had on them, and the opportunities for creativity it provides unilaterally, there is no place on the pirate bay. It is only a forum for patriots to band together against corruption. When the corruption is broken, the Pirate Bay will sail off into the sunset of our history, as it will have no place in the free world.
Let that be a reminder to would be cultural tyrants out there. This is a war YOU started, and the Pirate Bay will help end. The numbers say every Internet user is a soldier, and every dollar TPB makes should stand as a memorial to the intolerance of your ways.
And on a related note, notice the praises for the television stations that now share their content on the web? The business model of the future may not be complete, but you can easily see where it is going. I know there is a day where one studios artwork will disappear from the pirate bay, and all that money they had been getting will go to the studios, and that will be the first studio to start its own bit torrent tracker, or whatever they have to call it. Hopefully that will take place before the last movie achieves rot away on their not so permanent nitrate film.
The Pirate Bay will soar so long as it is profitable. Ye of so little faith that can't find a better business model, and must turn to the government to "fix" it for you, like fixing any other game.
Ooh, and to anyone that read the other news on slashdot, it appears our old friend Ted Stevens will be observing a series of cubes. Ha ha ha!
Please comment if you made it through my whole rant. It is appreciated.
There is a big discussion going on, as usual with these issues, with a full range of opinions on this.
In this discussion the question came up of which came first, creativity or copyright with the argument presented:
1. creativity
2. printing press
3. mass distribution
4. copyright
5. the Internet
6. the RIAA
pretty simplo IMO.
This was a comment by Tharos.
It was the "Pretty Simple" I could not ignore. This was my response, disagreeing that organizations like the RIAA are something only of the present that came about AFTER the Internet:
Interesting perspective on history. But if many people think this is the way that it happened, no wonder we are in the mess we are in today, IMHO.
Survival has always been about advantage. Even in interspecies interaction, the winner most always the one that knows something the other does not. Where food is, where predators are not, deceptions in numbers, camouflage, and other things. Ultimately, nature and human history have shown that knowledge is power. Further, in competition, it is about having more power, even if by simply ensuring less knowledge by potential adversaries.
It may not have been called copyright in the century leading up to the Statute of Anne, but the control over the flow of information, and special armies to protect such information from falling into the "wrong hands" has been around as long as there has been written language. In some places, there were even were secret spoken languages meant only for the elite that were forbidden to be learned by commoners by threat of death. Even Caesar used encryption algorithms to pass secret messages to troops (Still known today as the Caesar shift). Scribes were required to take oaths not to reveal the secrets shared with them, and master texts were bound by shackle to the most trusted members, not in ways necessarily to keep the book from harm, but to keep the text away from unauthorized eyes.
All this is copy protection because every time we see an image or read a text, or see a sound, our brains make a copy... albeit some better than others.
So in many ways, copyright, the protection and control over knowledge came first, and with the birth of creativity and free thinking immediately came with it along side was methods of copy protection.
Wit the invention of the printing press in 1439, copyright was thrown into chaos. The distribution of knowledge was able to fight copyright in new ways never before conceived. Governments quickly responded with copyright police that hunted down book publishers, rounding them up for public hangings and beheading for their crimes to serve as an example of how they would deal with pirates; stealing work from scribes and writers. It was a problem the elite argued would destroy knowledge, creativity, and progress as there would be no longer any motivation for thinkers to think, scientists to study, or writers to write.
Well, they were right in part. The scribes guild vanished over a period of time. Knowledge as it was known, held in secret by a powerful few, had been destroyed.
But... someone and for some reason people did keep writing books, and all the tales of the end of the world of creativity never quite came about. Some argue it was actually the other way around, that a revolution took place and a generation of thinkers were born, but whose to say what really happened, right?
But then came a new battle. The scribes were gone, and book publishing had taken over. People had been enlightened, and there was a new thirst for knowledge, this time in masses, and printed books had been legalized. This time, the control was in the hands of the book publishers. But as the elite scribes had known, power isn't just control, but exclusive power. Book publishers wanted exclusive rights to publish books. The printers guild aka Stationer's Company, were granted exclusive right to print the books, so long as royalties were paid to the Queen. Books were 'bought' by the queen, and she would give the texts to book publishers that would get exclusive printing rights indefinitely. No royalties were ever paid to writers, and writers were banned from self publishing or seeking an independent press. Queen Mary I of Great Britain was the first MPAA / RIAA of its kind. A rose by any other name would smell as sweet.
By 1709, Shakespeare had been dead nearly 100 years. The independent publishers fought even harder for a more free copyright law, as opposed to the indefinitely perpetual copyright law in place. Shakespeare is a part of our culture and can not be owned by anyone. Stories are a part of who we are, not to be owned by individuals. Knowledge should be spread by any means necessary, and we are here to meet that demand.
A settlement was reached in the British courts in 1709 with the Statute of Anne, looking to balance the rights of people who would write stories contributing to culture, science, and "useful arts", and the rights of the people whom were members of that culture, both as readers, thinkers, and writers that draw upon that culture. Copyright would hence forth be limited to a period of fourteen years for new works, with requirements that copies be placed in all the libraries of Britain, and free for Stationer's Company to reproduce.
The founding fathers of the United States Constitution recognized this important protection and balance between culture, progress, and control, and thus included in the powers granted to congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"... Which with the powerful lobbyists of today have taken from "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" to "
Quickly, Fox, Kodak, and Disney take a whole bunch of stuff, without any regard to copyrighted books and movies to patented film types and projectors, moving to California to form Hollywood because it was far enough from Washington DC to avoid the law, not to mention inventors seeking patent royalties for their inventions. skipping ahead, Disney becomes super power, tries to expand copyright but fails until people are distracted by WWII. Threatened by radio, congress grants freedom to radio despite major opposition. Disney / MPAA greatly threatened by Cable Companies saying it is going to "destroy creativity" just like radio as these companies run their pirate cables, just as scribes had claimed in 1400's. Congress grants statutory royalties. VCR comes out. BIG freak out, blah blah blah, more copy right statutes. broadcast flag, blah blah blah, CD, DVD MAJOR FREAK OUT... again, as usual as the dominent power of information / culture distribution was threatened. Internet, same thing so on and so forth.
So what I see? Culture was created and controlled by and elite few and distribution was difficult. Over the past millennium, there is always the attempt for "Who controls the past controls the future. Who controls the present controls the past." ~George Orwell (or Rage against the Machine for those that don't read books), or as Lawrence Lessig puts it, "1. Creativity and innovation always builds on the past. 2. The past always tries to control the creativity that builds on it. 3. Free Societies enable the future by limiting the past. 4. Ours is less and less a free society."
So I see it as, there is and always will be creativity. It can not be stopped. People with power and money from their success will fight to keep that control, and that power can potentially be limited by government. People will always fight for progress by any means necessary. Our government today is powerless to encourage progress due the many controls of the creators of the past.
The difference, as Sigmund freud put it, we are lucky to live in an age where people only burn our books and not us.
For a more complete version, read Free Culture by Lawrence Lessig, or watch any of his videos / lectures on youtube or opencinema, and a great film, Steal This Film Part II on the history of copyright, or part one on government coruption by the media, produced by The Pirate Bay.
http://www.youtube.com/watch?v=7Q25-S7jzgs "Larry Lessig: How Creativity is being strangled by the law"
Obligatory comment left by me on this video:
I'd also like to mention that from this video, with regard to the revolution by our youth. Our youth rejects the law as a whole because of the major parts of it that are corrupt, even though parts of the law in principle have validity. These congressional monopolies were written into our constitution only in so far as to promote progress. There was a balance. Now that congress has become so one sided, youth rejects balance in revolt against the corrupt monopolies congress has been bullied to give out.
This is the most important issue of our day. Our government is controlled by the media because those that don't get the entertainment industries approval CAN NOT get elected for prohibition to exposure via vital media such as TV and radio. I don't want to call it a fix all, but the passiveness to this control by the media bleeds into many issues that have resulted in entertaining further bad policies by example of what we have had to endure from the media. Lessig, you NAILED IT! You are my hero.
Jack Valenti called it his own terrorist war, him being on the side of the monopolies. Hmm... the only terrorist I see is the man determined to rewrite the constitution in his favor. They may not be on our soil, but today we have a great American patriot that is not looking for mediation or compromise but has set his mission to destroy this evil the only way he knows how. He has enlisted hundreds of millions in advertising to fuel a undefeatable black market for any piece of culture the demons of our time would try to lock away and strategically hand out like bread to starving children. He has given the world a Horn of Plenty, looting from the pirates that stole our culture and try to comodotize and control it. Our great American Patriot's are Gottfrid Svartholm, Fredrik Neij, and Peter Sunde. Long Live The Pirate Bay!
With this caveat:
When our society returns to progress and we live in a Free culture as promoted by Lessig, Patry, and other men I consider great American heroes (reserving patriot for those of Edward Abbey's definition. GREAT men, just different), there will be no place for the pirate bay. As it is a front line of defense against injustice, a free culture will not need (no offense) such a crude and unorganized site that is merely an index. Sites like Jamendo will dominate. The evidence I present to defend this is this: Look at the inclusions in the index. Look for public domain works. Look for creative Commons work. Try to find work people are trying to give away or share with the world. You won't find any. The great success of The Pirate Bay is fueled only as a counter to greed and corruption. This explains the hundreds of millions of dollars in "off-shore accounts" around the world. Freedom, and a love for cultural sharing where artists recognize the influence culture has had on them, and the opportunities for creativity it provides unilaterally, there is no place on the pirate bay. It is only a forum for patriots to band together against corruption. When the corruption is broken, the Pirate Bay will sail off into the sunset of our history, as it will have no place in the free world.
Let that be a reminder to would be cultural tyrants out there. This is a war YOU started, and the Pirate Bay will help end. The numbers say every Internet user is a soldier, and every dollar TPB makes should stand as a memorial to the intolerance of your ways.
And on a related note, notice the praises for the television stations that now share their content on the web? The business model of the future may not be complete, but you can easily see where it is going. I know there is a day where one studios artwork will disappear from the pirate bay, and all that money they had been getting will go to the studios, and that will be the first studio to start its own bit torrent tracker, or whatever they have to call it. Hopefully that will take place before the last movie achieves rot away on their not so permanent nitrate film.
The Pirate Bay will soar so long as it is profitable. Ye of so little faith that can't find a better business model, and must turn to the government to "fix" it for you, like fixing any other game.
Ooh, and to anyone that read the other news on slashdot, it appears our old friend Ted Stevens will be observing a series of cubes. Ha ha ha!
Please comment if you made it through my whole rant. It is appreciated.
Labels:
copyright,
free culture,
government,
legal,
policy,
politics,
reform,
regulation,
slashdot
Sunday, October 26, 2008
Jamendo
This site is great! Lots of CC work where artists get free promotion, and people can comment, review, and download music. I have been listening to this album most of the afternoon. I love it!
Labels:
copyright,
free culture,
music,
reform
Saturday, October 25, 2008
The Pirate Bay
If you desire to steal expensive software and not pay anything for it, Gnu/Linux was recently assessed at being a $25 billion piece of work.
The purpose of information is for it to be shared. Disney fights this hard because they understand it; Disney is the master of theft, and they will crush anyone that tries to invade their territory.
The Pirate Bay is only a glimmer of how great a Free Culture could be. They get strength from greed and oppression. Only in the world we live in today with the members of th MPAA and RIAA buying the government and forcing their monopoly onto the world could a site like the pirate bay thrive. As it is mentioned in the video, they have no content of their own, and yet from this pure black market of culture, they make hundreds of millions of dollars.
Though as other commenter's mentioned, The Pirate Bay is a very comprehensive, and powerful site with some of the highest traffic in the world. That can't be cheap.
However, the statement that The Pirate Bay has none of its own content is not quite true. They made two movies: Steal This Film and Steal This Film: Part II.
The first movie is about the raid on The Pirate Bay. The second movie is about the history of the exchange of ideas, and what powerful people have done to try to stop it.
For a more specific historical look at British common law regarding copyright, and copyright law in the United States, I HIGHLY recommend Free Culture by Lawrence Lessig, a man who is my personal hero. If you simply are not the book reading type, he has some great videos crying out "oh why, oh why, can we not follow the constitution!" (ok, a little poetic licence). This is one of my favorites.
Something I hope to write about soon is about the corruption of our United States Congress, and how the entertainment industry poisnns their way into getting special legal protections for their should be dying business model.
The key: If you as a politician don't support the entertainment industry, you don't get to use our medium; no TV, no Radio, no News coverage of your events; unless you count getting to buy infomercials along side teeth whitening gel and VegiBlender 2000. And all this puts you where next to your opponent?
All that before smear campaigns and lobbyists.
Only a seriously sick corrupted fuck could ever support the PRO-IP Act, which totally explains why there were only 5 coegressmen that voted against it, like Ron Paul.
As we watch our country erode away, how can people really try to put all this on the president. One man. Diamond got sued into oblivion for their mp3 players, but when Apple bent over to the RIAA, who now gets all the credit for making mp3 players famous. And consumers are thrilled. Makes me sick.
The purpose of information is for it to be shared. Disney fights this hard because they understand it; Disney is the master of theft, and they will crush anyone that tries to invade their territory.
The Pirate Bay is only a glimmer of how great a Free Culture could be. They get strength from greed and oppression. Only in the world we live in today with the members of th MPAA and RIAA buying the government and forcing their monopoly onto the world could a site like the pirate bay thrive. As it is mentioned in the video, they have no content of their own, and yet from this pure black market of culture, they make hundreds of millions of dollars.
Though as other commenter's mentioned, The Pirate Bay is a very comprehensive, and powerful site with some of the highest traffic in the world. That can't be cheap.
However, the statement that The Pirate Bay has none of its own content is not quite true. They made two movies: Steal This Film and Steal This Film: Part II.
The first movie is about the raid on The Pirate Bay. The second movie is about the history of the exchange of ideas, and what powerful people have done to try to stop it.
For a more specific historical look at British common law regarding copyright, and copyright law in the United States, I HIGHLY recommend Free Culture by Lawrence Lessig, a man who is my personal hero. If you simply are not the book reading type, he has some great videos crying out "oh why, oh why, can we not follow the constitution!" (ok, a little poetic licence). This is one of my favorites.
Something I hope to write about soon is about the corruption of our United States Congress, and how the entertainment industry poisnns their way into getting special legal protections for their should be dying business model.
The key: If you as a politician don't support the entertainment industry, you don't get to use our medium; no TV, no Radio, no News coverage of your events; unless you count getting to buy infomercials along side teeth whitening gel and VegiBlender 2000. And all this puts you where next to your opponent?
All that before smear campaigns and lobbyists.
Only a seriously sick corrupted fuck could ever support the PRO-IP Act, which totally explains why there were only 5 coegressmen that voted against it, like Ron Paul.
As we watch our country erode away, how can people really try to put all this on the president. One man. Diamond got sued into oblivion for their mp3 players, but when Apple bent over to the RIAA, who now gets all the credit for making mp3 players famous. And consumers are thrilled. Makes me sick.

Labels:
copyright,
free culture,
government,
reform,
regulation,
research
Thursday, January 24, 2008
Flatland
My comment on slashdot to the above linked article on DRM free music, and comments by slashdot readers:
Why are people negotiating with the recording industry? The music industry will always be strong as long as people value culture. How that industry exists will always change the way it looks. For a brief period of time, a recording industry was born: A group of non talents that could leech money from talented people by creating distribution methods prohibitively expensive to the average band. As these magicians took all the band, they made you famous by eventually putting you and your art on tv that made them even more money. As it had been mentioned above, the recording industry is taking away the last pieces of profit on music by birthing their own talent and using technology to give the appearance of talent. Now that they have "taped into the source", they don't even need real talent to sell out for them to make big money because they already owned the music before it was created. Further, the junk they spout out can easily become "famous" because they write the news on "What's Hot!".
The recording industry tried and has nearly killed the music industry, an industry that used to be about free speech, expression, enjoying life, and sharing sorrow. The internet is the first chance at getting that integrity back. The internet can and needs to kill the recording industry to allow the music industry to come back. Music industry will be strong when artists can be completely independent and are no longer tempted to buy into the pyramid scheme that has for so long been damaging to our culture. The days of packaging information into virtual units and selling them for money is ending.
ALL music should be free for distribution across the internet and it would be in bands best interest to make it happen. Popularity would rise from real talent, and not what the recording industry tells us is hot. The only fair restrictions should be to protect consumers as trade mark law intended. The only "DRM" that should exist would be one that allows a consumer to authenticate music, the same way RSA is used to authenticate transmissions. Watermark digital content to artists are certain to be recognized for their own work, and not renamed by some DJ or cover band. The demand for live concerts would swarm, just as it has in Brazil where "piracy" has birthed a previously non-existent music industry that is only getting stronger. Music will return to the way it was meant to be with live concerts, and t-shirts. CD's would be sold as a luxury item for $3-5 where all the money goes to the musicians, and you have shown your appreciation for the band. Piracy of these albums and their cover art would make no sense when the music is already freely available.
Free Culture will kill the economy and destroy profits for: No talent hacks, shady middlemen, distribution cartels, lip syncers, talent scouts, concert promoters, music 'stores', or any other person that has made a living exploiting musicians. Oh how will our economy ever survive? Is our economy so dependent on crooks that if we took them out it would collapse? How sick would that be if it were the truth? and if true, I think it is time for that change to take place. Oh god, it would be like... talented artists would be making money from their art... and fans would rejoice in music!
And while it is still only hope, I look forward to seeing the RIAA dying the horrible flaming irritable bowel syndrome death they deserve on March 25 when EMI will do what it should have done years ago.
Why are people negotiating with the recording industry? The music industry will always be strong as long as people value culture. How that industry exists will always change the way it looks. For a brief period of time, a recording industry was born: A group of non talents that could leech money from talented people by creating distribution methods prohibitively expensive to the average band. As these magicians took all the band, they made you famous by eventually putting you and your art on tv that made them even more money. As it had been mentioned above, the recording industry is taking away the last pieces of profit on music by birthing their own talent and using technology to give the appearance of talent. Now that they have "taped into the source", they don't even need real talent to sell out for them to make big money because they already owned the music before it was created. Further, the junk they spout out can easily become "famous" because they write the news on "What's Hot!".
The recording industry tried and has nearly killed the music industry, an industry that used to be about free speech, expression, enjoying life, and sharing sorrow. The internet is the first chance at getting that integrity back. The internet can and needs to kill the recording industry to allow the music industry to come back. Music industry will be strong when artists can be completely independent and are no longer tempted to buy into the pyramid scheme that has for so long been damaging to our culture. The days of packaging information into virtual units and selling them for money is ending.
ALL music should be free for distribution across the internet and it would be in bands best interest to make it happen. Popularity would rise from real talent, and not what the recording industry tells us is hot. The only fair restrictions should be to protect consumers as trade mark law intended. The only "DRM" that should exist would be one that allows a consumer to authenticate music, the same way RSA is used to authenticate transmissions. Watermark digital content to artists are certain to be recognized for their own work, and not renamed by some DJ or cover band. The demand for live concerts would swarm, just as it has in Brazil where "piracy" has birthed a previously non-existent music industry that is only getting stronger. Music will return to the way it was meant to be with live concerts, and t-shirts. CD's would be sold as a luxury item for $3-5 where all the money goes to the musicians, and you have shown your appreciation for the band. Piracy of these albums and their cover art would make no sense when the music is already freely available.
Free Culture will kill the economy and destroy profits for: No talent hacks, shady middlemen, distribution cartels, lip syncers, talent scouts, concert promoters, music 'stores', or any other person that has made a living exploiting musicians. Oh how will our economy ever survive? Is our economy so dependent on crooks that if we took them out it would collapse? How sick would that be if it were the truth? and if true, I think it is time for that change to take place. Oh god, it would be like... talented artists would be making money from their art... and fans would rejoice in music!
And while it is still only hope, I look forward to seeing the RIAA dying the horrible flaming irritable bowel syndrome death they deserve on March 25 when EMI will do what it should have done years ago.
Labels:
book,
censorship,
copyright,
education,
free culture,
research,
slashdot
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